Wednesday, March 4, 2020
How to Choose a Major 5 Key Factors to Consider
How to Choose a Major 5 Key Factors to Consider SAT / ACT Prep Online Guides and Tips When it comes to choosing a college major, pithy truisms and conflicting advice abound. But whose advice can you trust? In this no-nonsense guide, we'll help you figure out how to choose a major in college based on what's important to you. After a brief introduction to the dilemma of choosing a major we'll reveal the most important part of choosing a major in college. Then we'll go over what work you should be doing to help you pick a major in a variety of situations- before college, during college, and if any special circumstances arise. Finally, we'll give some parting thoughts on major selection. What Major Should I Choose? Help Me! I imagine that if you are reading this article, you are feeling some level of uncertainty or anxiety about choosing a college major. This is completely understandable. As parents, teachers, and counselors have no doubt hammered into you, choosing a major in college is an important decision. It's one of the first big independent decisions of your academic and professional life. In many ways, choosing a major functions as a rite of passage in the process of becoming an adult. Some people know what to major in in college before they even start high school. However, most people don't, so if you have no idea how to choose a college major, don't panic. (Even if you're a second-semester sophomore in college!) With that said, neither I nor anyone else can tell you what major to choose. And if you do let someone else choose for you (like your parents), you're likely to be miserable. The truth is that the process of thoughtfully selecting the best major for you takes work- work that you need to put in yourself. While I can't do that work for you, I can tell you the foundational principles of investigating and ultimately picking a college major. Or just major in kitty cuddling and call it a day. The Most Important Task for Picking a Major The most important task for choosing a major in college is deciding on your own priorities and goals. Too much of the advice out there on how to pick a major assumes you have particular goals or tells you what your priorities should be. Even your own parents may be focused on particular priorities and goals that don't match up with yours. Family conflict around major choice is a common issue. This may be especially salient for you if your parents are paying for part (or all) of your education. It is reasonable to listen to your parents' concerns and advice. However, it's important to remember that it's ultimately your major. You will have to do the work and ultimately leverage that major as you transition into the workforce. If you are studying something you are not really interested in, you may not be very motivated to succeed (or maybe even to attend class). So you need to ask, "Which college major is right for me?" Here's some advice on discussing any change in your major plans with your parents. If your parents are paying for your education and they want input into your plans, you can also consider compromises like majors that are agreeable to both of you, double majors, or minors. For you to be able to choose a college major that makes sense for you, you first need to figure out what you want out of a college major. For some people, knowing they will almost always be able to find a job throughout their lives is most important. For others, being able to pursue a particular intellectual interest is the critical factor. Most people are motivated by some combination of factors that they weigh in balance. These factors will guide you towards the answer to the question "What college major is right for me?" Here are some factors you will probably want to consider when you go about choosing a major: #1: Your Interests Of course, your interests are an important part of picking a major. If you really dislike what you are studying, you will be miserable. Additionally, you won't be particularly motivated to complete your coursework. So it is essential that you are actually interested in what you are studying. As part of that, you should be able to envision yourself using at least some of the skills you are learning in your major in the workforce. With that said, people place differing premiums on how interested they need to be in their major. For some people, only studying their one true passion- be it Greek and Roman military history or tropical horticulture- will do. However, many people have several areas of interest that they could envision themselves pursuing. For example, I considered going to art school for a BFA. I also considered majoring in biology or in English. (I ended up majoring in folklore and mythology- more on that later.) The ultimate deciding factors in my major choice weren't necessarily related to what I was most passionate about, because I was genuinely very interested in everything I considered. Other factors came into play when I made my final decision. So your interests will likely guide you, but they may not be the primary deciding factor when you choose a major. You will also find that new interests arise when you get to college and you have access to more possible courses of study. When I arrived at college, I was able to take classes about religion and anthropology, which ultimately led me to the folklore and mythology program. So keep an open mind about your interests throughout the major selection process, especially once you arrive at school. Her intense love of potato chips led her to food science. #2: Your Abilities You should also consider what you're good at when you think about how to choose your major. This doesn't mean that you should definitely major in whatever you are best at in high school. For one thing, you will probably discover new talents in college as you take courses in areas that weren't available to you in high school. For another thing, the thing that you're "best" at is not necessarily what aligns best with all your other priorities and goals. The main principle here is that it's probably not a great idea to major in something that you know you are pretty weak in. If you've barely pulled C's in math all through high school, being a math major (or a similarly math-heavy major like engineering or physics) is probably not the best move. The bottom line is that you should be confident that you will be able to do well in most of your coursework in your area of study. #3: Future Employability When you think about how to pick your major, it makes sense to consider what kind of job prospects you will have once you have your degree. Will you be able to find a job? How hard will it be? Will you have to move to where the jobs are, or are there jobs everywhere? There are a few ways to approach these questions. You can research professions facing shortages to get an idea of areas where you would be likely to find employment. Professions facing shortages include nursing, engineering, various computer science disciplines, accounting and finance, and teaching. In addition to looking at shortages, you can look at growth industries. (Of course, there's overlap here; if there aren't enough skilled workers available to fill these growth industries, there will be a shortage! But it's a slightly different angle). Some industries currently experiencing growth include nursing and other allied health professionals, finance, and data science. Within those groups, there are tons of different kinds of jobs available, and a variety of potential majors could lead you into those industries. Note that there may or may not be a very clear link between a certain major and a certain job or industry. For some majors, it's fairly clear what sort of job(s) the degree will lead to. A degree in teaching will lead to teaching, a degree in nursing to nursing, and so on. For others, it's less clear. A degree in communications or sociology or public policy could lead to a variety of jobs. Thus, in terms of future employability, don't just think in terms of what job title you will be qualified for, because those things shift all the time. Think about the skills you will learn in your major, and how much those skills are in demand. For example, as data becomes a super-important part of the economy, skills related to data and data analysis are super-valuable. This includes skills in statistical analysis and database construction and architecture. Majors in statistics and computer science are good choices if you are hoping to meet that demand. Note also that employability and salary aren't one and the same. Teachers are notoriously underpaid, but if you do become a teacher, you will almost certainly be able to find a job. What does all this mean for you? Research the employability prospects associated with a particular major. Think about the skills you will learn and the potential jobs you could have, and check out the employment prospects for those skills and jobs. While this is far from foolproof- predicting job shortages and growth isn't 100% accurate- it still provides valuable information that can give you at least a general idea of whether you are likely to find a job easily or whether it will take more work and require more flexibility in location etc. on your part. The school you go to also plays somewhat into your general employability. At Ivy League and other top-ranked schools, most students are generally able to find jobs (even ones that are totally unrelated to what they studied) regardless of what they majored in. This is not as true at less selective schools, where graduates may struggle much more to find a job in some less marketable fields than in other more marketable ones. Job?! Where? #4: Future Income Potential You will probably also want to consider your future income potential at least somewhat when you think about how to pick a major. This is far from an exact science but still a valuable exercise. If having a high salary is important to you, you need to be realistic about your interests; professions like teaching and social work typically pay very poorly so those may not be the best bet for a major. By contrast, majors like computer science and engineering tend to have a sunny salary outlook. You can find lots of data on the median salary of graduates with particular majors. This is a valuable starting place. As you can see from the PayScale data, engineering, computer science, mathematics and finance-focused degrees dominate the list of best-paying majors. But it also includes physician assistant studies and government. By contrast, the lowest-paid majors tend to be concentrated in education, service industries, pastoral and religious studies, and social work and counseling. But the median and mid-career salary data here doesn't necessarily tell the whole story. For one thing, in some of these professions, there is a high degree of income variability: graphic designers, for example, are low-paid in general, but the highest paid graphic designers can easily command six-figure salaries. You certainly can't assume that you will be among the highest-paid in your field, but you should know when higher salaries are at least possible. Additionally, sometimes your ultimate income potential depends a lot on graduate school. Psychology majors are low-paid unless they get advanced degrees, in which case they get a huge salary bump. So if you're already intending on graduate school, this is something to keep in mind as you choose a major. You can use sites like PayScale and Glassdoor to investigate the income potential of various careers that might follow from majors that you are considering. Again, it's hard to predict exactly what your salary could be solely based on your major, especially long-term. But doing research can at least keep you in a realistic frame of mind. #5: Particular Career Interests You might also have a very specific goal, like becoming an astrophysicist, or a doctor, or a lawyer. Some (but not all) very specific career goals require specific majors, or at least specific courses and activities. For example, if you want to be an engineer, you have to get an engineering degree. If you want to be a doctor, you need to fulfill your med school prerequisites, or else you might have to complete an expensive post-baccalaureate pre-med program later. On the other hand, if you want to be a journalist, there are lots of majors that can accommodate that goal. And if you think you might want to go to business or law school, you have plenty of leeway in your choice of undergraduate major. If you do have a very specific goal that requires a particular academic path, that probably needs to be your top priority in how to pick a college major. Heart set on designing airplanes? You probably need to major in aeronautical engineering. How to Choose a Major: Before College There's a good chance that you will change your mind about your major at least once you get to college. You'll be exposed to a lot of options you didn't consider before. You'll also grow and change. However, there are still some things you can do before college that will help you figure out how to pick a major. Start Exploring Majors Early Your high school schedule may be pretty rigid, filled up every year with math, science, English, history/social studies, gym, and maybe a foreign language. This often leaves you with very few electives. However, there are still things you can do to explore different academic and career areas: Shadowing and interviewing: Shadowing and interviewing adults you know who have careers you are interested in is a great way to figure out what you might want to study. It can also help to learn how these people got to where they are now from their college days, since many people shift around throughout their careers until they are doing something quite different from what the originally studied! Reading books and articles: Reading nonfiction books and articles on a variety of subjects can also help you figure out what excites you academically. What topics do you find super-engaging, and what topics bore you to tears? This can give you some clues as to what you might want to investigate further in college when you are choosing a college major. Podcasts are another great resource for exploring different topics, especially because you can listen to them while you do chores or other mundane tasks! Summer activities: The summer is a great time to do a deeper dive on things you think you might be seriously interested in pursuing. Internships, camps, classes at community colleges, and volunteering opportunities are all excellent chances to become more immersed in subjects you may not regularly study at school. Volunteer at the arboretum! Take a photography class! Do a robotics camp! There are tons of possibilities. Lectures and events at local colleges: If you do live near any colleges or universities, you can take advantage of their open-to-the-public lectures and events! It's a good chance to hear professors talk about their work, which can help you consider if you might want to do similar academic work. With all that said, don't feel too panicked if you can only do mostly surface-level exploration into choosing a college major at this stage. High school is a high-pressure endeavor; you will be able to consider your interests as you get to college (and throughout your life!) Just do what you can and remain thoughtful and curious about possible courses of study. Major benefit to shadowing a vet: cute animals. Plan If You Have a Specific Long-Term Goal If you do have a very specific long-term career goal that typically requires particular schooling at the bachelor level (like engineering, teaching, or nursing), you will have to be more mindful about choosing a major and school while you are still in high school. If you already know you are interested in a particular major, it makes sense to apply to schools with strong programs in that area. Additionally, at many schools, you have to specifically apply to a certain major or academic area. While you should certainly keep exploring and keep an open mind, it's typically easier to transfer out of competitive divisions like engineering or nursing than to transfer into them. So it makes sense to apply to those divisions and then transfer out if you change your mind later. Select Schools and Programs Wisely Since we have tons of advice out there on choosing a college, I won't belabor this point. But when you are choosing schools, you should keep the following principles related to choosing a college major in mind: The less sure you are of your interests, the more flexibility you want at your school. If you have no idea what to major in, it's not a great idea to go somewhere where you have to declare what you are studying going in. You're better served going to a school where you can explore for at least two semesters before you have to declare. If you are very sure of your major, you should still consider what your situation will be if you change your mind. If you go to a school that is highly ranked for one program and poorly ranked for everything else, think about what you might do if you want to transfer out of that highly ranked program. Will you transfer schools? Or are you fine with the possibility of finishing in a less prestigious program than you started in? Or maybe you are just very, very confident that you won't change your mind! This also applies to things like going to art school; if you get there and decide the whole thing is not for you, your only real option is typically to transfer (at least within University divisions, if not to a different school completely). This isn't a reason not to do it, but it is something you should be aware of. Choices here, there, and everywhere. How to Choose a Major: During College Once you get to college, here's our six recommendations for how to pick a major: Find Out Your School's Process The first thing to do is to determine what is your school's process and timeline for declaring a major. You need to be aware of how much time you have to consider your options, and how to make it happen once you've made a choice. Note that at some schools, different majors may even have different deadlines for officially choosing a major, so be sure to look into this. Of course, if you had to declare a major going in, you've already done that process. In that case you should find out what the process is for switching majors in case you need to use it. Keep Exploring Now that you are actually at college, you will have even more chances to explore different potential areas of study. Your coursework can help you investigate subjects and departments of interest, of course. But you will also have opportunities to explore through on-campus events, lectures, and speakers. Many departments specifically host open houses and other events for prospective majors. Go to anything that seems intriguing, and try to keep an open mind. Note as you explore that there are lots of college major quizzes on the internet. Some universities even have their own "how to choose a major" quizzes, like this college major quiz from Marquette or this one from Loyala University in Chicago. While a how-to-choose-a-major quiz can definitely be a useful way to get some ideas, you'll need to do additional research on any majors you uncover this way. You'll want to make sure that the information from any "What major should I choose?" quiz is accurate and that the major ideas you get from it really align with your priorities and goals. So the bottom line on college major quizzes is that they are definitely a useful tool but hardly the be-all end-all of the major selection process. Make Your Schedule Multi-Task Many students spend their first semesters fulfilling some of their general education requirements. If you can, try to use those requirements to explore academic areas you may be interested in. If you have flexibility in the classes you can take to fulfill requirements, try to take ones taught by professors in departments you are interested in. Classes with a multidisciplinary focus are great for this, too. When I was a freshman I took a combination gender studies and English class about romance literature, and another combination East Asian studies and religion class about Buddhism. Both of these multidisciplinary courses helped me refine my interests- efficiently. Even if you don't have much control over your general requirements, try to view your requirements as an opportunity to explore academic areas you haven't examined before instead of just something to slog through. This will help you narrow possibilities when choosing a college major. Simon's class in botanical illustration let him explore his interests in art and biology at the same time! Meet With Advisors I'm using the term "advisors" broadly here. There are lots of people you can meet with who might have valuable insights about choosing a major. You probably have at least one school-assigned advisor. They can definitely be helpful, but you'll also want to seek out advice from people with more specialized knowledge about the programs you are most interested in. This includes: Department advisors: Most departments have advisors available to meet with prospective students in that major. Of course, they will probably try to sell you on their department, so they may be a little biased. But you can still get valuable information from them, like info on course requirements, advising structures, research opportunities, and so on. Current students in the program: Current students in majors that you are interested in can provide valuable information. They will give you the truth about the pros and cons of the program. They can tell you what you can expect from the major in terms of course load, advising, class sizes, teaching quality, and other things that can impact your experience. Additionally, you should speak with seniors in the program about their goals and what's next for them. This can help you get an idea of the possibilities available to recent graduates. Alumni: Take advantage of your school's alumni network. You can talk to alumni who have careers you find interesting and ask them what they studied and how they got where they are. You can also talk to recent alumni who majored in programs you are considering and ask them for their thoughts on the program. Most schools have alumni directory sites with contact information. While some graduates may be too busy to talk to you, many will be receptive. Some schools even have mentoring programs where you can get an alumni mentor who is a working professional in a field that you are interested in. Keep Refining Your Priorities Keep thinking about what you are looking for in a major. It's likely that your priorities will shift over time, especially as you get more information and experience in college. So continue doing research about potential industries, careers, skills, and so on that you might want to pursue, and keep thinking about what's most important to you. It might be helpful to keep some kind of journal with all of your thoughts on potential majors and careers, as well as your goals. Be Realistic About Downsides Every major does have some downsides, and it's important to be realistic about the negative things about any potential major. Here are some things to consider: How large are most classes? If you have a preference for small courses but you'll be required to take many large lectures, it may be hard for you to get the most out of that course of study. How robust is advising support? Are advisors accessible and receptive, or hard to reach? How is job placement for the department? Is there adequate support for students trying to find jobs or go to graduate school? How prestigious is the program? At some universities, there's lots of variation between departments in prestige. You can most likely get lots of this information by talking to current and former students of a given department. You can also do your own research into things like program prestige and job placement. Downsides certainly don't have to be deal-breakers- they are just things to be mindful of as you go about choosing a major in college. After all, no major is all upside. Lots of early classes in your department? You may need to hit the coffee hard. Special Situations for Choosing a College Major In this section, we'll discuss some special situations about picking a major, including changing majors in college, double majoring (and minoring), and creating your own major. Switching Majors How do you know when switching majors in college is a good idea? There's no hard and fast rule as to when changing majors is a good move, but here are three things to consider: How Sure You Are If you know that you aren't happy in your current major but you aren't sure what you want to switch into, it may be best to take some time off. During that time off, you can figure out what you want to study through things like internships, shadowing, MOOCs, reading, and other exploratory activities. Otherwise, you risk spending some very expensive semesters dithering around on campus while you try to figure out what you're really interested in. It doesn't make sense to spend seven years getting your bachelor's degree because you switch majors every semester. How Close You Are to Finishing If you are a senior and/or very close to finishing your program, it may make the most sense to finish out your degree and pursue graduate studies in whatever your new interest is. In other words, switching majors late in college is not always the best choice. It's usually better to spend six years in school and end up with a bachelor's and a master's than to spend six years in school and just end up with a bachelor's. Most fields do have graduate degrees for people who are just entering into the field, and you can typically (though not always) command a slightly higher salary with a Master's degree as compared to just a bachelor's. So do your research into your prospects with respect to graduate school. How Expensive It Will Be Remember that no matter what, you can't recoup the cost of what you've already completed. Acting to try to protect what you've already spent is known as the sunk-cost fallacy. So if it won't cost you much more going forward to change degrees, there's not really much downside. But as we mentioned above, if it will be as expensive to finish a different bachelor's as it would be to get your current bachelor's and then a master's in what you really want, it may be a better use of your money to finish out the bachelor's and then get the master's. But, again, do your research on the relative return-on-investment of a bachelor's vs. an entry-level master's in your new desired field. We go into this a bit more in our analysis of when it's worth getting a master's degree here. Your education is a valuable diamond. And possibly as expensive as one. Double Majors and Minors Are you torn between two pretty different fields? Double majoring may be the answer. If you're interested in investigating this possibility, here are some things to find out: Do you have to integrate the majors in any way? Some schools that allow double majoring require students to integrate the two courses of study in some way, often through a thesis or other project. If you are really interested in both majors, you may consider this a feature, not a bug. Of course, some majors may be harder to integrate than others: Religion and history? Great! Math and English? More of a stretch. Can you waive or double-dip on requirements? Can you count classes towards both majors? Depending on how different the majors are, this might be difficult anyways, but it's worth finding out. Also, sometimes departments will let you waive some requirements if you are a double-major (typically departmental electives). That makes double-majoring less difficult. Can you make the schedule work? Because of the increased burden of requirements, you'll need to pay close attention to your schedule. You'll also need to do a lot of advance planning to make sure that you can actually fit in all of your requirements for both majors. It's not uncommon for people who double-major to spend an extra semester on campus to finish everything up. So if spending an extra semester of tuition is a concern, it's extra-important to make sure you can fit in everything in time. If double-majoring is too onerous or impractical, another way to accommodate multiple interests is to minor in something. A minor typically requires 4-6 classes in a given academic area and typically shows up on your diploma. It's a good way to get some grounding in a different field without the commitment and rigidity of double-majoring. As with double majors, however, it's important to plan carefully if you want a minor to make sure you can meet all the requirements you need to. I was actually one class away from two different minors, but because I didn't plan very well, I didn't end up getting either. One of my final classes in my major conflicted with my remaining requirements for each of the minors. Creating Your Own Major Some schools allow you to design your own major. At most schools that allow this, you need to have a pretty specific, cohesive plan about what that major will be. So you can't just use this option to avoid actually selecting a course of study. On the contrary, this option is the best for people who have a very clear idea of what they want to study and want to closely hone in on a topic. I knew people who designed their own majors in things like global migration and climate change. These are very particular topics that lend themselves to a create-your-own major situation. Some schools do allow you to major in something very vague like "liberal arts" or "humanities." These courses of study often have few requirements and offer lots of flexibility in coursework. While this may be appealing, you do run somewhat of a risk of seeming like an aimless dilettante (both to employers and graduate schools). Daphne wants to major in the interpretation of oracles. Parting Thoughts: Your Major Choice Is Not Your Destiny While you should not take choosing a college major lightly, don't allow the weight of the decision to keep you frozen in place. It's great to ponder questions like "What college major is right for me?" or "Which major should I choose?" But if you're thinking anything like "What if I change my mind later and I'm stuck forever" or "Will choosing the wrong major ruin my life" take some deep breaths. Your choice of major will have some repercussions for your professional life, and pretending otherwise is unrealistic. However, it absolutely will not lock you into a particular destiny for your entire life. As a point of personal experience, I majored in Folklore and Mythology, worked in the health insurance industry after graduation, and then got a Master's degree in Public Health. I don't regret my choice of major at all, and I still think I made the right choice. But it was also pretty clearly not the defining decision of my academic and professional life. It did not set me on one fixed path forever. The truth is that it's often hard to predict exactly where a particular degree will lead. New jobs will exist when you graduate that didn't exist when you started college. (Of course, lots of old jobs- like teacher- will still exist, too.) The bottom line is that while you should choose a major thoughtfully, you shouldn't be worried that your choice of major will lock you onto a particular life track that you can never deviate from. Don't be trapped by the idea that you might make the "wrong" decision. You'll learn valuable skills in college- and beyond- no matter what your major. Your major is not a trap! Key Takeaways: How to Choose Your Major If you've been asking yourself "What should I major in in college?" we've got the advice that you need. The truth is that there's no one foolproof method for how to choose a major in college. The most important thing is to figure out your own priorities and go from there. Here are some factors you might want to consider when you go about choosing a college major: Your interests: what do you find enjoyable and interesting? Your abilities: what are you good at? Future employability: How easy (or hard) will it be for you to find a job? Future income potential: Are you aiming for a particular income bracket Particular career interests: Do you have a specific professional interest that requires particular coursework or a particular major, or do your career interests allow for more flexibility in your major? Here are some things you can do while you are still in high school to prepare for choosing a college major: Start exploring majors early: use your free time, extracurriculars, and summer activities as a chance to explore subject areas you are interested in. Plan if you have a specific long-term goal: if you know you have a specific career goal, plan your major and program choice in advance. Select schools and programs wisely: if you are less sure of your major, look for more flexibility in declaring a major at your schools of choice. And here's how to pick a major in college in six steps: Find out your school's process for declaring a major (and any deadlines!) Keep exploring potential majors and departments. Make your schedule multi-task by using requirements to investigate potential majors. Meet with advisors, current students, and alumni to get the scoop on the departments you are most interested in. Keep refining your priorities and doing research to make sure the majors that you are considering align with your goals. Be realistic about the downsides of potential majors- no major is all upside. We also discussed switching majors, double majors and minors, and creating your own major! You're all prepared for this major decision now. What's Next? We have more information on the best-paying college majors and the majors with the worst financial and employment outlook. If you're just looking for a low-stress major, don't worry- we have a guide for that, too. Interested in becoming a doctor? Want to study law? Or is teaching (or becoming a professor) more your style? We have guides to help you pursue your interests! Need help choosing colleges? We have a guide to making a college list. We can also recommend the three best college finders and which college ranking lists you should read. Want to improve your SAT score by 160 points or your ACT score by 4 points? We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now:
Sunday, February 16, 2020
Cognitive Behavioural Therapy (CBT) Case Study Example | Topics and Well Written Essays - 3000 words
Cognitive Behavioural Therapy (CBT) - Case Study Example Some information on Karen available to Dr. Banks before undertaking psychotherapy is outlined below. Karen left her parental home at the age of 18 after graduating from high school and took up residence in lodgings in the neighboring county. She found work as a waitress at a local diner. Just a few weeks after finding work, she married George whom she had met while at work. A very controlling and violent man, George dominated Karen in what seemed to be a repetition of the conditions under which Karen grew up. Her father had been violent and sexually abusive from the time she was six years old. As she grew older (13) her oldest brother continued the sexual abuse, until her other brother, nearer to her in age, put a stop to it. She was 16 at the time. à George, her husband, would be nice to her on rare occasions, taking her out to dinner and dances, and would compliment her on her good looks. George proved to be a very jealous husband and forced her to give up work. She was virtually kept prisoner confined to the house. Even with the occasional beatings, and not knowing any better, she put up with it and appeared to accept the situation as ââ¬Ënormalââ¬â¢. Unfortunately, George died in an accident barely three years into their marriage. Karen was devastated. She had been totally dependent on him. He had created, as it were, both the center and the boundaries of her universe. She was diagnosed a clinical depressive and underwent psychiatric hospitalization. Since then, over the past 15 years, until the time she came under the psychotherapeutic care of Dr. Banks, she had been hospitalized at least on 10 more occasions. During that time she had been in the care of at least nine different psychotherapists, psychiatrists, socia l workers, and psychologists as an outpatient, one of whom were to abuse her sexually. Ã
Sunday, February 2, 2020
Destination marketing evaluate the implementation of destination Essay
Destination marketing evaluate the implementation of destination branding in Bournemouth - Essay Example However, research on both small and micro businesses has been able to indicate that not all groups of stakeholders have interests on the viability of the destination especially when their principle objective for the business operation is a lifestyle. Nevertheless, it is apparent that success of an individual tourism venture and cooperatives will depend upon the extent of competitiveness of the destination in conjunction with the leadership of the amalgam of the stakeholders that are subject to associate with the tourism industry (Neuhofer et al., 2014, p. 347). The paper is going to conduct and evaluation and analysis of the implementation of destination branding in Bournemouth. Bournemouth remains to be the most visited part of Dorset, having an estimate of 3.46m visitors per annum, according to their 2012 financial report. The total number of visitors includes both day and staying visitors. Following closely is West Dorset whom in their 2012 report received 2.87m visitors. Followed closely is Poole, who reported having received 2.08m visitors, while Purbeck reported having received 2.01m visitors in the same year. Bournemouth is also a high-quality family resort that has a large stock of accommodation together with the international conference centre. Both Poole and Weymouth remain to be the key centers of both national and international importance when it comes to all things related to the maritime tourism (Neuhofer et al., 2014, p. 349). Similarly, there is a varied commitment into the tourism per se that starts from the eight unitary and distinct authorities. Bournemouth commits its significant resources to this sector. Through the implementation of destination branding in Bournemouth, it has come to emerge that the initial stimulus for its destination marketing emerged from the experience of the germane area of tourism marketing, with its evolution being the subject of excellent synthesis. These excellent
Saturday, January 25, 2020
Issue of Certainty in a Contract
Issue of Certainty in a Contract ââ¬Å"The cases provide many examples of judicial awareness of the danger that too strict an application of the requirement of certainty could result in the striking down of agreements intended by businessmen to have binding forceâ⬠ââ¬â Treitel. Critically evaluate this statement in light of case law and consider in your answer whether the extent to which the parties have acted on an agreement influences the judges. Introduction In looking to critically evaluate the above statement in view of the case law that has been decided in this area, so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, this essay will first look to consider the importance of certainty in agreements by recognising the significance where there is a lack thereof. Then, this essay will also look to reflect upon how a contract is generally formed and as to how the issue of certainty relates specifically to a contractââ¬â¢s formation in this regard for when it is said to come into being. Following on from this, this essay will look to determine the issues that a court will look to consider in evaluating as to whether a particular agreement before them is sufficiently certain to be considered a legally binding contract, whilst also looking to consider the extent to which the parties have acted on an agreement serves to influence the judges in coming to their decisi ons in relation to these matters, before finally looking to conclude with a summary of the key points that have been derived from an understanding of this discussion. The significance of certainty On this basis, to begin with it must be appreciated that the issue of certainty in any business agreement is generally considered to be paramount to the formation of a formal contract because it has been a long-held maxim of the law that that which is certain is that which can be made so leading to a binding contract being formed that is enforceable by the courts[1]. Consequently, a lack of certainty increases the costs of disputes because the ability to avoid, manage and/or resolve any dispute early, and on a reasonable commercial basis, is clearly negated where there is a lack of accurate documentation, whilst the lack of certainty also serves to create risks for those involved where there is a lack of a formally recognised agreement in place. Therefore, by way of illustration, it was recognised in Montreal Gas Company v. Vasey[2] that where the company in question made a contract with the other party to this case with the promise that, if it was ââ¬Ësatisfiedââ¬â¢ with them as a customer, the company would then look ââ¬Ëfavourablyââ¬â¢ on an application for renewal of their contract with them, this was not considered sufficiently certain to create a legal obligation because of the indefinite or unsettled nature of such a term. Nevertheless, it is also important to appreciate a transaction that may otherwise be considered to have left some essential term of their agreement undetermined may provide some method of determination other than what is considered to be a future agreement. The formation of a contract ââ¬â Where do the problems lie? Ostensibly, it is commonly understood that a contract is effectively formed where there is an offer, consideration and acceptance that is sufficiently certain so that it is then for the courts to determine whether the required elements are present in any business arrangement[3]. This is because the offer refers to a proposal that is expressed orally or in writing from one party (the ââ¬Ëofferorââ¬â¢) to another (the ââ¬Ëoffereeââ¬â¢) to do or give something for remuneration with a view to forming an agreement that is usually legally binding on the basis of the conduct the parties. Such a view arises from the fact it was recognised in Adams v. Lindsell[4] the rules in relation to the recognition of a valid offer states that thus will be so where it is (a) made to definite person, class, or the world; (b) it is effectively communicated; and (c) it reaches the offeree. Then, with regards to the element of consideration required, this consists of a ââ¬Å"right, interest, pro fit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the otherâ⬠, in keeping with the decision in Currie v. Misa[5], that must be legal, not past, and move from the promisee to the promisor[6]. However, the problem with certainty in business agreements arguably arises most commonly in relation to the issue of acceptance of an offer to formalise the agreement between the parties in the prescribed manner. This is because it was recognised in Hyde v. Wrench[7] that the offeree must accept the offer made by the offeror unequivocally without qualification in words or through conduct in conformation with the indicated or prescribed terms of the offer. But then, in the decision in Chillingworth v. Esche[8], it was effectively understood that it is possible to have an acceptance of terms that are ââ¬Ësubject to contractââ¬â¢ where the parties will only be bound by a formal contract. Moreover, where the terms of an offer are not accepted by the offeree without alteration, then it could be argued that negotiations will continue because anything that the offeree then proposes may be considered to be a counter-offer so that the positions of the respective parties change (i.e. off eror becomes offeree and vice versa). Therefore, this effectively means that there is only likely to be an agreement on terms that are substantially different from those originally put forward by the parties in such circumstances[9]. Buying and selling More specifically, where there is an unequivocal desire to buy and sell, but a lack of certainty as to terms of the agreement, the courts will look to consider the nature of the transaction for themselves that may be determined by the standard of reasonableness (i.e. what is considered reasonable) in the specific circumstances of the case. Such a view is effectively illustrated by the examples of the decisions in Brown v. Gould[10], where what was considered the ââ¬Ëmarket valueââ¬â¢ of the goods was determined by the courts, and Didymi Corporation v. Atlantic Lines Navigation Company Ltd[11], where the idea that an agreement regarding a hire was to be ââ¬Ëequitably decreasedââ¬â¢ was also determined by the courts. But, in the case of price of goods and services in such cases, this has largely been governed by section 8 of the Sale of Goods Act 1979[12] which effectively means that the courts are able to allow actions for the recovery of reasonable sums of the value of t he goods or services in question[13] so long as the contract itself is silent as to the issue of price[14]. Therefore, by way of illustration, in May Butcher v. The King[15] when the supplicants agreed to purchase all of the Crownââ¬â¢s old tentage for a price ââ¬Å"agreed upon â⬠¦ as the quantities of the said old tentage become available and are offered to the purchasersâ⬠it was held there was no concluded contract because the price would be agreed subsequently for the transference of the goods in question. The influence of parties to an agreement upon the courts However, more generally, the function of any court is to put a fair construction on what the parties have said and done because Lord Wright in Hillas Co v. Arcos Ltd[16] said ââ¬Å"Business men often record the most important agreements in crude and summary fashionâ⬠, that are ââ¬Å"far from complete or preciseâ⬠to those unfamiliar so that it is arguable that the parties to such agreements may be considered to have some influence over the approach that the courts may take in such cases. On this basis, this means that it is ââ¬Å"the duty of the court to construe such documents fairly and broadlyâ⬠[17] because the courts need to be satisfied that parties to an agreement have concluded a contract, whilst also still considering what has been said and done in its context, the relative importance of the unsettled matter and whether the parties have provided machinery within the terms of their agreement for settling any dispute. By way of further illustration, in the decision in Hillas Co v. Arcos Ltd[18] the court decided that the terms of the contract in this case were based on previous transactions (the original contract) between the parties and the custom of the timber trade because it was determined that in view of their previous agreements there was still sufficient intention to be bound in the future. Therefore, with this in mind, in view of the influence of the parties in acting on the same basis as under their previous transaction, clearly, in such circumstances it will be extremely difficult for the courts to say that a ââ¬Å"contract is void for vagueness or uncertaintyâ⬠, where it has been either or wholly or partially performed, since this serves to make it easier to imply a term into an agreement to resolve such problems[19]. However, as well as the influence acceded to the parties to agreements by the courts, it is also important to appreciate that a court will not commonly allow a contract to fail for uncertainty more generally if the contract also provides the means to acquire the level of certainty required for the particular contract. For example, in cases including Foley v. Classique Coaches Ltd[20], it was recognised that if the contract in question provides parties are to agree a price or quantities for delivery, but also contains an arbitration clause in this regard, the courts will imply a reasonable price will be paid where there is otherwise default on the part of the parties to the agreement determined by arbitration so that parties to the agreement still retain a level of influence even where they are in dispute. Moreover, matters in this regard may actually only be further complicated by the fact that parties in business often act on their informal agreements ââ¬â even their version of events ââ¬â pending the formalising of their agreement into a contract[21]. Then, where a contract is formalised, the courts may allow this contract to take on a retrospective effect to cover the work done during the period when the parties were working on the basis of an informal agreement[22]. But where there is no formalisation of an agreement between parties, work that is done, or goods that are delivered, under a letter of intent may lead to a restitutionary obligation to pay a reasionable sum by way of remuneration for this[23] so that the parties actions continue to have an effect on any decision that is reached. The problem with documentation In spite of the influence of the parties themselves on the decisions reached by the courts, however, in looking to consider how the courts deal with the issue of certainty (or lack thereof) in business contracts, it is important to appreciate that matters are also complicated somewhat by the use of other documents in the build up to the recognition of a formal agreement. Such a view is effectively illustrated by the use of letters of intent in the construction industry with a view to formalising a contract at a later date. This is because whilst, in the past, in decisions including British Steel Corporation v. Cleveland Engineering Co[24], such a document may have been considered akin to a conditional contract by the courts since it is effectively looked upon as a sign that one party is likely to want to contract with another, in Regalian Properties Plc v. London Dockland Development Corporation[25] there was an unsuccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work regarding a contract that also never materialised in spite of the presence of a letter of intent since it is a matter of interpretation. Consequently, it is important to appreciate that the courts have become prone to taking a differing view from case to casxe because they do not consider cases decided in this area to be analogous in the circumstances. Such a view is reflected in the fact that whilst one party, in British Steel Corporation v. Cleveland Bridge Engineering Co[26], requested the other to perform services and supply goods needed under the expected contract, the costs Regalian Properties Plc v. London Dockland Development Corporation[27] sought reimbursements for what it did in an effort to put itself in a position to obtain and then perform the contract that was unsuccessful. This is largely because the court in such cases may be unwilling to imply a contract on the basis of a letter of intent because the language used is often uncertain and, in view of previous negotiations, it may also be argued that all that is assumed is a moral responsibility and not something that is contractual but, again, that is something for the courts to determine on the facts as they arise as a matter of interpretation[28]. Nevertheless, matters in this regard are also not helped in relation to the recognition of certainty in business agreements where the contract between the parties is considered incomplete because of a failure to cover all of the pertinent points that are considered significant by the parties so that one party asserts that a contract has been formalised and the other claims that it has not. Therefore, it is important to appreciate that in such cases the courts will need to consider whether an agreement is reached by the parties to a contract at a particular time, or as to whether there are other terms of the intended contract without the settlement of which the parties to the agreement have no hope of formalising a contract[29]. But where documentation produced in correspondence between the parties in dispute shows the parties have definitely come to terms ââ¬â despite having some material points left open ââ¬â a subsequent revival of negotiations will not affect the contract that is believed to have been made in the eyes of the court without the consent of the parties to the agreement that has been made so that they retain some influence over the courts that look to resolve their disputes[30]. More specifically, Justice Parker recognised in the decision in Von Hatzfeldt-Wildenburg v. Alexander[31] that if ââ¬Å"documents or letters relied on as constituting a contract contemplate the execution of a further contract â⬠¦ it is a question of construction whether the execution of the further contract is a condition or term of the bargain or whether it is a mere expression of the desire of the parties as to the manner in which the transaction already agreed to will in fact go throughâ⬠[32]. Con sequently, it is matter upon which the courts could arguably go either way on in looking to interpret because it is really something to be decided upon on the facts of each individual case. Negotiations However, even where negotiations are successful, it was recognised in practice, as long ago as the decision in Kennedy v. Lee[33] that it may prove difficult to say with certainty when an agreement has been reached. This is because of the fact that it was recognised in this case that negotiations can often be long and complex with significant variations derived from offers and counter offers that may serve to detract or embellish the original basis of attempted agreement between the parties. Nevertheless, in the dcecision in Davies v. Sweet[34] it was understood that in spite of a prolonged period of negotiations courts may still find a concluded bargain by the conduct of the parties ââ¬â thus seemingly bypassing the need for certainty so that any continuance of the negotiations will not necessarily serve to terminate an agreement between the parties. Such a need largely arises from the fact it is important to look to give effect to the reasonable expectations of business people that is an important object of the law of contract to facilitate in relation to their ongoing relations[35]. But, in the context of negotiations, a ââ¬Ëlock outââ¬â¢ has also come to be considered to be unenforceable where it does not specify a time limit for its duration because it would indirectly impose a duty to negotiate in good faith which could not be considered a contract[36] ââ¬â although such an agreement may be considered thuse if it is for a fixed period[37] ââ¬â regardless of this it has been argued that certainty should have been resolveable in the interests of the parties through the recognition of the standard of reasonableness alluded to earlier in this discussion. Moreover, the courts have also felt at liberty to ââ¬Ëstrike outââ¬â¢ indefinite, but subsidiary, provisions as being insignificant so as to be able to give effect to the rest of the agreement[38]. Furthermore, with regards to an agreement to negotiate, the House of Lords recognised in Walford v. Miles[39] that such an agreement was effectively an agreement to agree so it was considered unenfo rceable because ââ¬Å"it lacks the necessary certaintyâ⬠[40]. Such a view has arisen because negotiations are, by their very nature, adversarial and allowed them to pursue their own interests, so long as they do not make misrepresentations, and withdraw where they see fit[41], whilst damages were also out of the question because no can tell whether the negotiations would be successful and what the result would be[42]. Conclusion In conclusion, in looking to critically evaluate the aforementioned statement so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, it must be recognised that certainty within any agreement perpetrated by a business is extremely important. This is because certainty in relation to the agreements that are formed between parties clearly goes some way to limit and even negate the need to go to seek the resolution of their disputes. However, by its very nature, business negotiations are somewhat adversarial. Everyone involved with business wants to get ahead so it is perhaps little wonder that disputes do arise. But just because a dispute arises does not mean that the parties want to end the relationship that they have built up just because there is a lack of certainty in some aspect of the agreement that has been formed. Therefore, whilst the courts may look to resolve issues of certainty between the parties on the basis of the law as it stands and the understanding of what is considered reasonable in the circumstances, the parties themselves can and do retain an element of influence over proceedings between them. Consequently, the respective parties intentions when forming an agreement must be taken into account when determining the binding nature of any agreement. However, that is not meant to assuage the role that the courts do play in the resolution of disputes. It is just that the area is actually somewhat complicated by the lack of certainty in aspects of an agreement that is formed that need to be effectively resolved and, in view of the close proximity of the parties to their dispute, it is sometimes considered best for the parties to accede to the resolution of their dispute to the courts where they cannot otherwise be resolved between the parties themselves despite the influence that the co urts will still allow their dealings to have on their decisions in most cases. - (i) Research Strategy To begin with it is necessary to decide what the question set is asking ââ¬â i.e. in this case, determining the need for something different to rectify a problem that apparently exists. This effectively means that any research carried out is required to seek to facilitate a ââ¬Ëdiscussionââ¬â¢ involving the specific terms identified within the question so as to effectively determine and incorporate the academic and legal opinions of authorities to support the pertinent issues that have been derived from the research that has been carried out here for the purposes of answering the question. (ii) Materials Therefore, on this basis, it is particularly important to look to include case law in particular, in view of the stated requirement in the scope of the question, throughout the writing of this essay before listing them all in the bibliography for ease of further reference. As a result, both ââ¬ËLexis Nexis Professionalââ¬â¢ and ââ¬ËHalsburyââ¬â¢s Laws of Englandââ¬â¢ are websites that serve as significant research aids for writing this kind of work in view of the fact that they offer the most contemporary accounts of all legal subjects. (iii) Search Terms Legal professor David Stottââ¬â¢s work on legal research[43] has recognised the best approach to researching an essay is to look to take the title/question that you have been given and then highlight what you think are the key words and phrases so that, in this case, the following search terms are recognised ââ¬â ââ¬ËBusinessââ¬â¢ ââ¬ËContractââ¬â¢ ââ¬ËBuyingââ¬â¢ ââ¬ËSellingââ¬â¢ ââ¬ËLegislationââ¬â¢ ââ¬ËDispute Resolutionââ¬â¢ ââ¬ËCertaintyââ¬â¢. Then, having identified search terms for the purposes of research, combinations of these terms must be uses, whilst also looking to appreciate the fact that certain terms (i.e. ââ¬Ëlegislationââ¬â¢) will offer very little in view of the specifics elsewhere within the question without looking at more specific aspects. As a result, in view of the fact that the focal point of this essayââ¬â¢s discussion is the issue of certainty within, a particular context (i.e. business agreements), then it is clear that this must be recognised so as to be able to effectively achieve the required results to lead to further research into judicial decisions and other paper based sources outlined in the bibliography by looking at combinations of the aforementioned search terms (e.g. ââ¬Ëcontractââ¬â¢, ââ¬Ëcertaintyââ¬â¢, ââ¬Ëbusinessââ¬â¢ and ââ¬Ëagreementââ¬â¢). (iv) Review of Results In looking to effectively be able to evaluate the academic value of the research that has been carried out here, it is abundantly clear that, whilst the initial materials uncovered were excellent in view of their relevance, a true understanding of as to how successful the research actually was is only possible where we look to consider the content of what has been written in the essay itself. But then it is also necessary to look to consider as to how the answer to the question set looks to show an effective appreciation of how the materials that have been identified in the bibliography have been used. Therefore, it would seem that the results of this research have served to effectively facilitate a broad discussion of various areas in relation to the recognition of certainty within the context of business agreements and as to how the courts have dealt with the resolution of disputes, whilst also recognising the influence that the parties themselves can have in relation to the courts resolution, that have put been together in this paper so as to present an effective answer to the question that has been posed here. - Beatson. J ââ¬ËAnsonââ¬â¢s Law of Contractââ¬â¢ 27th Edition, Oxford University Press (1998) Fridman. D. F ââ¬ËConstruing, without constructing, a contractââ¬â¢ (1960) 76 LQR 521 ââ¬ËHalsburyââ¬â¢s Laws of Englandââ¬â¢ Lexis Nexis, Butterworths (2007) Lexis Nexis Professional (2007) (www.lexisnexis.com) Stott. D ââ¬ËLegal Researchââ¬â¢ Cavendish Publishing Ltd (1998) Adams v. Lindsell (1818) 1 B Ald. 681 Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504 Brown v. Gould [1972] Ch 53 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Courtney Fairbairn Ltd v. Tolaini Brothers (Hotel) Ltd [1975] 1 WLR 297 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Didymi Corporation v. Atlantic Lines Navigation Company Ltd [1988] 2 Lloydââ¬â¢s Rep 108 Foley v. Classique Coaches Ltd [1934] 2 KB 1 G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloydââ¬â¢s Rep 25 G. Scammell Nephews Ltd v. Ouston [1941] AC 251 Hillas Co v. Arcos Ltd (1932) 147 LT 503 Hussey v. Horne Payne (1879) 4 App Cas 311 Hyde v. Wrench (1840) 3 Beav 334 Kennedy v. Lee (1817) 3 Mer 441 Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at Lipkin Gorman v. Karpnale [1991] 3 WLR 10 May Butcher v. The King [1934] 2 KB 17n Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 Montreal Gas Company v. Vasey [1900] AC 595 Nicolene Ltd v. Simmonds [1953] 1 QB 543 Pitt v. PHH Asset Management Ltd [1994] 1 WLR 327 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloydââ¬â¢s Rep 205 Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333 Von Hatzfeldt-Wildenburg v. Alexander [1912] 1 Ch 284 Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloydââ¬â¢s Rep 58 Walford v. Miles [1992] 2 AC 128 Sale of Goods Act 1979 1 Footnotes [1] Fridman. D. F ââ¬ËConstruing, without constructing, a contractââ¬â¢ (1960) 76 LQR 521. [2] [1900] AC 595. [3] See also the decisions in G. Scammell Nephews Ltd v. Ouston [1941] AC 251 (hire purchase terms) Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 (war clause) for further examples of indefinite contract terms. [4] (1818) 1 B Ald. 681 ââ¬â see also Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256. [5] (1875) LR 10 Ex 153. [6] See, for example, the decision in Lipkin Gorman v. Karpnale [1991] 3 WLR 10. [7] (1840) 3 Beav 334. [8] [1924] 1 Ch 97. [9] See, for example, the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. [10] [1972] Ch 53. [11] [1988] 2 Lloydââ¬â¢s Rep 108. [12] Although see also the Supply of Goods Services Act 1982 at section 15(1). [13] See, for example, British Bank for Foreign Trade Ltd v. Novinex [1949] 1 KB 623. [14] Sale of Goods Act 1979 at section 8(2). [15] [1934] 2 KB 17n. [16] (1932) 147 LT 503. [17] Ibid at p.514. [18] (1932) 147 LT 503. [19] See G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloydââ¬â¢s Rep 25 at p.27 per Steyn LJ. [20] [1934] 2 KB 1 ââ¬â see also Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloydââ¬â¢s Rep 58 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloydââ¬â¢s Rep 205. [21] See, for example, Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212. [22] See, for example, Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333. [23] See, for example, British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504. [24] [1984] 1 All ER 504. [25] [1995] 1 WLR 212. [26] [1984] 1 All ER 504. [27] [1995] 1 WLR 212. [28] See Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at pp.388, 391 393. [29] See, for example, Hussey v. Horne Payne (1879) 4 App Cas 311. [30] See, for example, Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 at pp.167, 175 179. [31] [1912] 1 Ch 284. [32] Ibid at p.288. [33] (1817) 3 Mer 441. [34] [1962] 2 QB 300. [35] Beatson. J ââ¬ËAnsonââ¬â¢s Law of Contractââ¬â¢ 27th Edition, Oxford University Press (1998) at pp.62-68 [36] See, for example, Walford v
Friday, January 17, 2020
Food Adultration
Food adulteration Adulteration is the act of making any commodity impure by mixture of other ingredients. This mixture may corrupt the nature of the original to the extent of destroying its identity, or it may merely lower the value or effectiveness of the finished product. Adulteration of foods and beverages has been performed with the same aimââ¬âincreasing profits for the manufacturer or merchantââ¬âsince early times, when laws in ancient Greece and Rome addressed the coloring and flavoring of wine. England has had laws against adulteration of beer, bread, and other commodities since the 13th century, culminating in the Adulteration of Food or Drink Act of 1872 with its stiff penalties. The law was modernized with the 1955 Food and Drug Act. Adulteration not only functions to defraud consumers but it can also pose a health threat. In the case of illegal drugs sold on the street, adulteration is generally in the form of inert or harmless compounds, but deadly poisons, such as sodium cyanide, have sometimes been sold as heroin. Adulteration is not the only source of poor-quality or dangerous foods and drugs: The ingredients of junk foods need not be adulterated to ensure a virtual absence of nutritional value; potentially hazardous medicines will have more adverse effects if unadulterated. The consumer movement of recent times has focused not only on adulteration, but also on the nature of various unadulterated ingredients. For hundreds of years, governments have had an interest in regulating food processing to ensure the safety and wholesomeness of the foods consumed by their citizens. The earliest known food law was written in Japan in AD 702. In Britain, the first Pure Food Laws were enacted during the 1860s to combat adulteration, the secret use of additives to stretch wholesome foods with cheaper, no nutritious (and sometimes dangerous) ingredients. This practice became common during the Middle Ages (5th century to 15th century), when cities began to grow and urban populations no longer got their food directly from the farm, creating an opportunity for deception by middlemen. Today, several United States government agencies carry out inspections and enforce a comprehensive system of regulations governing food processing, packaging, and distribution. The FDA is responsible for monitoring and inspecting most all other food products. The FDA enforces the Food, Drug, and Cosmetic Act of 1938, which prohibits the shipping of adulterated or mislabeled products in interstate commerce. FDA inspectors visit food processing plants and warehouses to monitor all phases of processing, packaging, and distribution. Samples of food products are analyzed by FDA chemists to ensure the foods are wholesome and unadulterated and do not contain harmful substances, such as levels of pesticides above the limits set by the Environmental Protection Agency (EPA). In 1958, amendments to the Food, Drug, and Cosmetic Act gave the FDA authority to regulate the use of additives in foods. The Delaney Clause, which was part of those amendments, prohibits approval of additives that cause cancer in human or animal tests. Some people have criticized this clause for being too inflexible, because some studies show very small increases in cancer risk and some studies that show a risk of cancer in animals may not be relevant to humans. Since 1969, the FDA has set standards for inspection of retail food stores, restaurants, and cafeterias, although local health departments are responsible for carrying out those inspections.
Thursday, January 9, 2020
How The Advertisement Is Promoting Its Magic Eraser Product
Do the job that matters to youâ⬠¦ Our group has decided to choose a print advertisement from 2011 which we found on the Internet while searching for the perfect advertisement to bust. The Mr. Clean ad is promoting itsââ¬â¢ magic eraser product. The advertisement captures an image of a mother and daughter scrubbing the shower with the product, depicting the tradition role of mother (wife) and daughter. We all agreed on this advertisement due to its blatant sexism, the notes of oppression towards women and when we look at the minor details of the ad, there were even more hidden implications included as well. The image in the advertisement was easy to bust because there was one main image with few words, giving us room to work with the advertisement and recreate it to spread a more positive image. We instantly began discussing ways to recreate the advertisement, talking about what we ââ¬Å"want to doâ⬠, not what we are ââ¬Å"supposed to doâ⬠as women. This advertisement was mainly chosen because of all the options it left us to be creative, and the message that was sent to consumers from this advertisement were explicitly wrong that it was so important to decode it and turn it into a more positive message for women. The Mr. Clean advertisement clearly targets the middle-aged women who stay home to take care of their children and household chores. The advertisement is obviously targeting women the typical ââ¬Å"stay-at-home momâ⬠. This ad gives the connotation that the joy of motherhood is notShow MoreRelatedA Short Note On Clean Magic Eraser Sponge2031 Words à |à 9 Pageswhat they do ââ¬Å"bestâ⬠, cleaning. The ad that I personally chose to discuss is a motherââ¬â¢s day ââ¬Å"Mr. Clean Magic Eraser Spongeâ⬠advertisement. This is a double sided utility sponge in which it may be used to clean all sorts of surfaces. It accordingly built to get all your tough stains out. This sponge is very easy to use, and will work on really any surface that one desires to use it on. This advertisement really doesnââ¬â¢t have a specific age that it intends to target, but it does target a solo demographicRead MoreFair and Lovely10103 Words à |à 41 PagesLimited (HUL), Esteà © Lauder Companies, Avon etc. Skin care products occupy about 15% of the total cosmetics industry. The sector has mainly been driven by improving purchasing power and rising fashion consciousness of the Indian population. Moreover, the industry players are readily spending on the promotional activities to increase consumer awareness. The companies are venturing into online retailing and are offering specialized products to boost revenues. Indian cosmetics industry has witnessedRead MoreMarketing Channel44625 Words à |à 179 PagesAnswer: D Diff: 1 Page Ref: 337 Skill: Concept Objective: 12-1 2) ________ the manufacturer or service provider is the set of firms that supply the raw materials, components, parts, information, finances, and expertise needed to create a product or service. A) Downstream from B) Upstream from C) Separated from D) Congruous to E) Parallel with Answer: B Diff: 2 Page Ref: 337 Skill: Concept Objective: 12-1 3) Another term for the supply chain that suggests a sense and respondRead MoreThe Sustainable Century By Design Or Disaster9705 Words à |à 39 Pages...................................................... Error! Bookmark not defined. The Happy Abyss: 10 Reasons Emerging Market Companies are Ready for Sustainability Strategy and 10 Reasons Why They are Not .... Error! Bookmark not defined. vi How Sustainability Mangers Succeed in a Low Migraine Economy* (or nine ways to succeed as a sustainability manager in a skeptical environment)Error! Bookmark not defined. 1 Preface The day I turned 50 I spent several hours wondering what the world wouldRead MoreThe Sustainable Century By Design Or Disaster9705 Words à |à 39 Pages...................................................... Error! Bookmark not defined. The Happy Abyss: 10 Reasons Emerging Market Companies are Ready for Sustainability Strategy and 10 Reasons Why They are Not .... Error! Bookmark not defined. vi How Sustainability Mangers Succeed in a Low Migraine Economy* (or nine ways to succeed as a sustainability manager in a skeptical environment)Error! Bookmark not defined. 1 Preface The day I turned 50 I spent several hours wondering what the world wouldRead MoreManagement Course: MbaâËâ10 General Management215330 Words à |à 862 PagesValue I. Valuation 229 229 253 279 1. The ValueâËâBased Management Framework: An Overview 2. Why Value Value? 4. The Value Manager Harvard Business Review Finance Articles Eclipse of the Public Corporation 308 308 323 323 330 330 Article How I Learned to Live with Wall Street Article Second Thoughts on Going Public Article ReedâËâLajoux â⬠¢ The Art of M A: Merger/Acquisitions/Buyout Guide, Third Edition 10. Postmerger Integration 336 336 Text HodgettsâËâLuthansâËâDoh â⬠¢ International
Wednesday, January 1, 2020
Feminist Theory And International Human Rights - 786 Words
This article examines the interaction of feminist theories and international human rights discourses as detailed in UN documents. The UN has advanced womenââ¬â¢s rights by introducing a new human rights discourse, and by offering a place for interaction among women from different parts of the world. Women have used these opportunities from the UN to push several different feminist theoretical frameworks. The author examines the interaction of these various feminist. theories. She is drawing attention to the gap between theory and praxis. She discusses how feminism has changed throughout the last 50 years . The United Nations is informed by the contemporary liberal feminist movement. When you treat power as a property, the approach ignores the differences of status and power. The moto some st important thing to get from this is that is assumes that people of a marginalized group can gain access to some sources of power, the entire group has the same access. She says that improvemen ts in policy on some indicators may help close the gender gap, but would not empower the majority of women, because those policies ignore the diversity of women, such as capitalism, race and class systems, and international power differentials. With the interactions of the UN discourse and modern day feminist theories, womenââ¬â¢s rights are advanced in theory and rhetoric, but they have little hope for change in practice for most women. Feminist approaches have gotten more diverse and sophisticated intoShow MoreRelatedThe Five International Relations Theories, Realism, Liberalism, And Feminism1241 Words à |à 5 PagesThree of the five international relations theories, Realism, Liberalism, and Feminism have very interesting and different positions pertaining to global politics and issues. These theories, although quite different, effect the past present and future of global politics. Realists tend to believe the worst in humanity, that they are inherently selfish, and expect the worst. They are always prepared for war, and will go on the offensive if it means gaining more power and respect. Liberals do not thinkRead MoreThe Fight For Equality Among Genders1687 Words à |à 7 PagesDilenny Reyes INR4603.0W59 April 27, 2015 The equality among genders is a debate that has long been fought in the international realm. Although this is time where women and men are more close to being equal than they have ever been, there are still many areas in which equality falls short. Feminism is a theory based on the rising of women in order to be equal with men. It is a theory that best represents the need for equality among the sexes. Women are often seen in most societies as domestic maternalRead MoreFeminist Theory1248 Words à |à 5 PagesFeminism refers to political, cultural, and economic movements aimed at establishing greater rights, legal protection for women, and or womens liberation. It includes some of the sociological theories and philosophies concerned with issues of gender difference. Nancy Cott defines feminism as the belief in the importance of gender equality, invalidating the idea of gender hierarchy as a socially constructed concept. Feminism has earned itself a bad reputation, but it never undermined gender differencesRead More International Organizations1664 Words à |à 7 PagesAccording to Pease (2012), an international organization are conceived as formal institutions whose members are states and these are divided into two sub-groups called intergovernmental organizations (IGO) and non-governmental organizations (NGO). An IGO consists of states that voluntarily join, contribute financially, and assist in the decision making process. All of their membersââ¬â¢ resolves, structures, and administrative protocols are clearly outlined in the treaty or charter. An example ofRead MoreHuman Trafficking Through A Feminist Theoretical Perspective846 Words à |à 4 PagesHuman Trafficking Through a Feminist Theoreticalà Perspectiveà Feminist Theoryà It s unfortunate that when some people hear the termà feminism, they automatically place that as a negative word and it becomes something theyà don tà want to be associated with. Ità is unfortunateà thatà peopleà willà tryà to avoidà ità however, people will stillà embraceà the feminist politics. As feminist scholar Susan A. Mann (2012) describes, when people refuse to identify as a feminist they create the I m-not-a feminist-butRead MoreThe Common Denominator of Security and Feminism600 Words à |à 3 Pagesrefers to the area where theory and practice meet, it is about the struggles of the women`s movement and the theory that flows from their experiences, about women`s security understanding that transform our understanding of men`s security. The link between feminism and security points out that understanding security issues needs an enlargement to include specific security concerns and beliefs of women. This research emphasizes context-based interpretations of gender in human security. In respect ofRead More Feminism Essay1662 Words à |à 7 Pageslegally restricted to the point they could not enter a contract, own property or have parental rights; unmarried women were challenged by society and pressured in to marriage (British History Oxford, 2007).The womenââ¬â¢s rights and suffrage movements in the period between 1832 and 1918, which is known as ââ¬ËThe first feminist waveââ¬â¢, aimed to challenge the idea of women being the inferior sex and demanded equal rights. This ââ¬Ëso calledââ¬â¢ first wave ended with the ââ¬ËRoyal Assent to the Representation of the PeopleRead MoreThe Effects Of Writing On Feminist Theory1375 Words à |à 6 Pages The Effects of Writing on Feminist Theory Throughout known history, societies that have developed across the globe have favored men. Men were permitted to be lawyers, doctors, voters, and land-owners; however, one of the most influential, yet underpaid occupations for an individual is the writer. Men have served for centuries as the mouthpiece for truth regarding all things, until early feminists pushed for girls to receive education including key success skills such as readingRead MoreRace, Class And Gender1032 Words à |à 5 Pages IN WHAT WAYS DO RACE, CLASS AND GENDER SHAPE PRACTICES AND EXPERIENCES IN PRISON? DRAW ON THEORIES AND EXAMPLES/CASE STUDIES TO SUPPORT YOUR CASE. OVERVIEW This essay will explore how race, class and gender shapes practices and experiences in prison. Firstly, a discussion of prison in general is necessary. In other words, what constitutes prisons, its aims and objectives and prison culture (Reeves, 2015). Currently there are 38,845 prisoners in Australia (Australian Bureau of Statistics, 2016)Read MoreFeminism : A Feminist Perspective1168 Words à |à 5 Pageseye-opening articles, groundbreaking books, and activism has influenced my intellectual journal through feminist theory. Feminism is a contentious topic with matters that pertain to contemporary feminism, including the following: reproductive rights; equal access to education and employment; marriage equality; violence against women; and the sex trade. While these are only a few of the issues faced by feminists, it is evident that feminism has great value in todayââ¬â¢s society. My journey with feminism began
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