Moving Canadian Governmental Policies Beyond A Focus On...

In order for health promotion to achieve its goal, programs that promote and support change have to be implemented before individual health issues arise. The individual based treatment and lifestyle programs that are predominant in Canada often do not contribute to social change and have limited societal effect. The paper by Alvaro entitled â€Å"Moving Canadian governmental policies beyond a focus on individual lifestyle: some insights from complexity and critical theories† argues that Canadian health policy is focused on promoting individual lifestyle change and neglects, or to a lesser degree overlooks, societal and economic issues, both of which are factors prevention programs consider. Alvaro argues that governments should refocus their efforts towards programs that remedy societal and economic issues that affect health. This argument is made by referencing reputable studies and sources, employing logical reasoning, and addressing issues that may evoke an emotional respo nse in the public. First, Alvaro is unequivocal in her argument, which is supported by numerous research studies. Her paper was funded by the Canadian Institute of Health Research which is the Government of Canada s health research investment agency (CIHR) which indicates the relevance and importance of the issue to national health. Alvaro references research published in peer reviewed sources that appeals to ethos such as the International Journal of Public Health, the Canadian Journal of Public Health andShow MoreRelatedAn Organizing Framework For Interprofessional Global Health Education6446 Words   |  26 Pageshealth and achieving equity in health for all people worldwide. Global health emphasizes transnational health issues, determinants and solutions; involves many disciplines within and beyond the health sciences and promotes interdisciplinary collaboration; and is a synthesis of population-based prevention with individual level care† (Koplan et al. 2009, 3). Beaglehole and Bonita (20 10) proposed that global health is a collaborative trans-national research and action for promoting health for all. TheyRead MoreWine Consumption Essay examples6888 Words   |  28 Pagesestablishing long lasting customer business relationships. 1-b. Strategic goals of the organisation Their lives are intertwined with the business, and their goal was to create a comfortable lifestyle for their families, enabling them to carry it on into the next generation. 1-c. Capabilities of the organisation Southern Peninsula wines expertise is based on cool climate viticulture Read MoreNeophyte Essay11176 Words   |  45 Pages(Plains Cree/Nakota) story is briefly stated and the crystal meth addiction situation across the border on the Navajo Nation is commented upon. These examples aim to illustrate how crystal meth addiction has negatively affected a First Nations individual and the devastating impact the drug has had on one Native American community. It is important to recognize from the outset of this paper that crystal methamphetamine is not a First Nations specific problem and should not be perceivedRead MoreBp Sustainability Essay28986 Words   |  116 Pageschange 30 Safety A systematic approach to safety group-wide; our safety record in the US; and how we aim to prevent oil spills, accidents and fatalities 34 Environment Managing our environmental impacts from project start to ï ¬ nish; a local focus on issues, including water management; and how we respond to oil spills 38 Society Working to provide a positive socio-economic impact in the countries where we operate; and ï ¬ ghting corruption 41 Our approach to reporting Tackling sustainabilityRead MoreAn Evaluation of an on-Farm Food Safety Program for Ontario Greenhouse Vegetable Producers; a Global Blueprint for Fruit and Vegetable Producers51659 Words   |  207 Pagesgood agricultural practices focusing on water, handling and sanitation to reduce risk. An illustrative case study to examine implementation trends was developed through the examination of current on-farm food safety issues and programs, with specific focus on the Ontario Greenhouse Vegetable Growers (OGVG) hazard analysis critical control point (HACCP)- based initiative. In 2003, OGVG s 200 members had a combined farm-gate value of $350 million and represented 41 per cent of North American greenhouseRead MoreLululemon Athletica Inc.: Annual Report44040 Words   |  177 PagesAt March  19, 2012, there were outstanding 32,501,680 exchangeable shares of Lulu Canadian Holding, Inc., a wholly-owned subsidiary of the registrant. Exchangeable shares are exchangeable for an equal numbe r of shares of the registrant’s common stock. In addition, at March  19, 2012, the registrant had outstanding 32,501,680 shares of special voting stock, through which the holders of exchangeable shares of Lulu Canadian Holding, Inc. may exercise their voting rights with respect to the registrant.Read MoreCase: Chester Wayne Essay18738 Words   |  75 Pagesour fifth annual Global Sustainability Report, as well as our 21st public report to include health, safety and environmental performance. 1 Issues Covered /Trends Kodak is continually evaluating our sustainability priorities and aligning our focus with our current business model. Through observation and participation in various industry groups and associations, we monitor trends and benchmarks, review rating agencies’ commentaries and listen to subject matter experts in order to identify substantiveRead MoreStrategic Human Resource Management View.Pdf Uploaded Successfully133347 Words   |  534 Pagesvolume by the editor/s as well as the compilation itself. It does not cover the individual selections herein that first appeared elsewhere. ii Permission to reprint these has been obtained by Pearson Custom Publishing for this edition only. Further reproduction by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, must be arranged with the individual copyright holders noted. This special edition published in cooperation withRead MoreOliberte Marketing Plan13181 Words   |  53 Pagesplus attitudes and practices 6. PESTEL 7. Risk Analysis B. Firm Analysis 1. Brief history of the company and stage of internationalization 2. SWOT Analysis 3. Stakeholder Analysis 4. Product Development and Product Extension 5. Pricing and Financial Policy 6. Internet and E-commerce 7. Organizational Structure C. Competitor Analysis 1. Competitive Positioning: Direct and Indirect Competitors 2. Market Share Distribution 3. Future Competition – Direct and Indirect Competitor 4. 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Joint Commission Accreditation Audit Preparation Free Essays

Joint Commission Accreditation Audit Preparation Compliance Status for â€Å"Communication† Priority Focus Area Executive Summary In preparation for the next Joint Commission Accreditation Audit, Nightingale Community Hospital is assessing the compliance status of each of the Joint Commission’s Priority Focus Areas (PFAs). This Assessment covers the â€Å"Communication† Joint Commission PFA. For the previous Joint Commission audit, there were no findings associated with this standard. We will write a custom essay sample on Joint Commission Accreditation Audit Preparation or any similar topic only for you Order Now Since The Hospital has recently undergone a great deal of staff turnover in the Standards and Communication Department, several of the Hospital Directors felt that this may be an area that has slipped in relation to compliance with this PFA. The Communication PFA is comprised of three general standards: †¢UP. 01. 01. 01 Conduct a pre-procedure verification process. †¢UP. 01. 02. 01 Mark the procedure site. †¢UP. 01. 03. 01 A time-out is performed before the procedure. Each of these standards has elements of performance that Nightingale Community Hospital should be implementing through policies, protocols and checklists. Compliance with the performance elements s summarized in a compliance matrix. The matrix identifies the standard, the performance elements of the standard, and how the performance element is implemented. This matrix is an effective tool to assess where compliance gaps exist and it forms the basis for developing corrective action plans. The compliance matrix for the Communication standard in included at the end of this summary. Nightingale Community Hospital is implementing most of the performance standards. There is no documented implementation for the following performance elements. †¢Labeled diagnostic and radiology test results (for example, radiology images and scans, or pathology and biopsy reports) that are properly displayed (UP. 01. 01. 01) †¢When two or more procedures are being performed on the same patient, and the person performing the procedure changes, perform a time-out before each procedure is initiated. (UP. 01. 03. 01) The Hospital is out of compliance with element of performance 3 under standard UP. 01. 02. 01. This performance element should be implemented in the Site Identification and Verification Protocol. The protocol does not identify who is responsible for marking. Additionally, the protocol specifically states that marking is not required for bedside procedures if provider is present the entire time. This flexibility is not allowed in the standard. In addition to these deficiencies, two opportunities for improvement were identified. The Handoff procedure checklist is a useful tool, but there is no mention of this checklist in the Site Identification and Verification Protocol. Also, the Protocol does not address premature infants and the allowance to not perform marking when the mark may cause a permanent tattoo A corrective action plan will be focused on ensuring that the identified noncompliances are corrected and evaluating opportunities for improvement. Specific elements of the corrective action plan are: 1)Revise the Site Identification and Verification Protocol to remove the incorrect information on bedside procedures. Target completion Date: 2/1/2012. Actionee: Standards and Communication Director. 2)Revise the Handoff Checklist to include â€Å"labeled diagnostic and radiology test results (e. . , radiology images and scans, or pathology and biopsy reports)†. Target completion Date: 4/1/2012. Actionee: Standards and Communication Director. 3)Revise the Site Identification and Verification Protocol to include reference to the Handoff Checklist. Target completion Date: 4/1/2012. Actionee: Standards and Communication Director. The results of th is corrective action plan will be examined approximately six months prior to the Joint Commission audit. That will give adequate time to develop and implement further corrective actions, if necessary. How to cite Joint Commission Accreditation Audit Preparation, Papers

Changing Organizational Culture Management and Organization

Question: Discuss about the Changing Organizational Culture for Management and Organization. Answer: Introduction To perform well in the external market, the internal environment of the organization should be maintained properly (Alvesson 2012). The employees need to feel good about their work and about the organization. An organization should employ proper culture so that the employees feel good about the organization and eventually become committed towards the organization (Ostroff and Schulte 2014). The report will evaluate the factors that will help in building a healthy culture in the organization. In addition to this, the problem that are revolving in Woolworths will be assessed in the report. The factors that will help in creating a healthy culture will be suggested for the organization. If Woolworths follows a proper culture within the organization, then chances of commitment issues will be less in the organization and help the company grow in a positive manner. Culture brings commitment Culture not only relates to the social perspective but also the way the employees are treated in an organization. The beliefs, key values, symbols and the expectations of the organization help in creating the culture of the organization (Alvesson and Sveningsson 2015). The employees will feel connected with the organization once they will be able to work in a healthy environment. Once they will feel connected with the organization, eventually they will become committed to the organization. Some types of culture that would help in building the idea of commitment among the employees are: Transparency The senior management should share detail the junior employees need to know to carry out the work (Bedarkar et al. 2016). On the other hand, the employees should feel free to share their ideas and suggestion with the senior management. When the employees and the senior employees will be transparent with each other, the employees will become committed with the organization. Trust The employees should not feel that they are being cheated by the organization (Zohar and Hofmann 2012). The employees should not be punished if the person admits a mistake and speaks the truth. Thus, the employees will be able to trusts the organization and vice versa. In this way, the employees will be committed towards the organization and the organization will be benefitted by the commitment. Fairness Treating the employee fairly without any discrimination is one of the key factors that will help an organization to function properly (Hogan and Coote 2014). There should be no discrimination among the employees based on caste, religion, ethnicity or gender. The employees should feel equal in the organization and once they will see that the company is not discriminating them based on the mentioned factors that will committed towards the organization. In addition to this, the company should support diversity. They should employ staffs who belong to different cultures (Nica 2013). One team should have employees from different cultural backgrounds. In this way, they will learn to work with diverse cultural backgrounds and the eventually contribute for the enhancement of the business of the organization. Learning and sharing The employees should be supported so that they are able to learn freely in the organization and share their ideas (Alvesson 2012). A new employee should be given proper training so that the individual is able to learn the work well. Once the employee will be supported through proper training they will be committed to the organization they are working for (Ostroff and Schulte 2014). Issues at Woolworths There has been a purge in the meeting when Gordon cairns, the chairman of the organization announced that Jayne Hrdlicka, the director of the organization will not be working in the company anymore (Woolworths and Greenhalgh 2016). The dismissal of Jayne Hrdlicka reminded the staffs of the organization about the walk-out of the former directors, David Mackay, Christine Cross and Ian Macfarlane and Ralph Waters, the former chairman of the organization. The dismissal does not have any proper reason and the many times, the senior employees are not aware of the mistakes however, it is termed as board renewal and the steps are taken by the organization. The sudden dismissal could have resulted in serious commitment issues among the staffs (Alvesson and Sveningsson 2015). When the junior employees will see that the people like the directors and the chairman is not being spared by the company, they would become insecure about their position in the organization (Bedarkar et al. 2016). They would not be staying long in the organization and the quality of the services for the organization will be hampered. The above-mentioned issues can be tackled in the organization by maintaining a transparency in the organization. Before the senior management is taking any decision for the organization, then reason behind taking such decision should be clearly communicated to the employees (Zohar and Hofmann 2012). Once the employees will know the reason behind the changes in the organization, they will be satisfied that the organization is communicating with them (Hogan and Coote 2014). In addition to this, organization should aim at building the trust among the employees. The sudden dismissal will result in creating an unhealthy culture in the organization (Nica 2013). The trust among the employees will remain intact once the sudden dismissals will be stopped (Alvesson 2012). The employees who are being dismissed will spread a negative word of mouth and eventually Woolworths will have bad name in the market (Ostroff and Schulte 2014). Conclusion Some of the factors that have been identified to maintain a healthy culture in an organization are maintaining the transparency among the employees, building trust, fairness among the employee and training the employees to perform better in the organization. The employees will be happy if the mentioned steps are taken in the organization and hence, it will help in building the sense of commitment among the employees. Woolworths is missed certain senior employees without any prior notice. This created commitment issues within the organization. If the company had been transparent in its actions and have trusted the employees, then it might have stopped the issues of commitment among the employees in the company. References Alvesson, M. and Sveningsson, S., 2015.Changing organizational culture: Cultural change work in progress. Routledge. Alvesson, M., 2012.Understanding organizational culture. Sage. Bedarkar, M., Pandita, D., Agarwal, R. and Saini, R., 2016. Examining the Impact of Organizational Culture on Customer Centricity in Organizations: An Analysis.Prabandhan: Indian Journal of Management,9(2), pp.19-28. Hogan, S.J. and Coote, L.V., 2014. Organizational culture, innovation, and performance: A test of Schein's model.Journal of Business Research,67(8), pp.1609-1621. Nica, E., 2013. Organizational culture in the public sector.Economics, Management and Financial Markets, 8(2), p.179. Ostroff, C. and Schulte, M., 2014. A configural approach to the study of organizational culture and climate. Woolworths, C. and Greenhalgh, J. 2016.Cairns demands commitment at Woolworths. [online] Intelligent Investor. Available at: https://www.intelligentinvestor.com.au/cairns-demands-commitment-at-woolworths-1794056 [Accessed 23 Dec. 2016]. Zohar, D. and Hofmann, D.A., 2012. Organizational culture and climate.

Walt Whitman Research Paper Example

Walt Whitman Paper Walt Whitman is most certainly the forefather of contemporary American prose and poetry. Whitman’s most celebrated work; Leaves of Grass has left a mark not only on American society but also on the work of Allen Ginsberg who is vastly reminiscent of Walt Whitman. I will begin this essay by paralleling the Leaves of Grass to Ginsberg’s Howl while incorporating the work and ideas of other contemporary Amesrican poets. To take one Allen Ginsberg poem as an example, we will be able to draw a corollary between Howl and the poetic style developed by Whitman: â€Å"I saw the best minds of my generation destroyed by madness, starving hysterical naked†¦Ã¢â‚¬  Whitman released himself from rhyme and measure and focused more fervently on identifying and naming the inhabitants of a specific world. Here we can see that Ginsberg is using the same poetic technique and often an idea is repetitively stressed in order to address the world in which he is speaking of. This idea of repetition is best seen in Whitman’s Song of Myself: We will write a custom essay sample on Walt Whitman specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Walt Whitman specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Walt Whitman specifically for you FOR ONLY $16.38 $13.9/page Hire Writer It cannot fall the young man who died and was buried Nor the young woman who died and was put by his side, Nor the little child that peep’d in at the door, and then drew back and was never seen again, Nor the old man who has lived without purpose, and feels it with bitterness worse than gall, Nor him in the poor house tubercled by rum and bad disorder, Nor the numberless slaughter’d and wreck’d, nor the brutish kobo call’d the ordure of humanity†¦ The stylistic similarities between Ginsberg and Whitman are clearly evident upon the first reading. Walt Whitman was able to open American poetry to a much freer subject and form, this is something that Ginsberg strongly took hold of. Whitman was a radical writer during his time and Ginsberg took similar risks in expressing himself through poetic means. Throughout the course, there has been an underlying theme of attempting to describe the world in whole as well as the individual’s relationship to society. In American society today it feels as though we are pushing individuals to â€Å"walk the road less taken. Ginsberg and Whitman I feel are comparable not only through their stylistic similarities but also through their relationship with societal morals. Ginsberg in the 1950’s was an ultra radical; he essentially was the intellectual basis for the Jack Kerouac â€Å"Beat Generation. † Whitman also challenged the â€Å"order of humanity† and expressed ideas foreign to society at the time of his writing. Modern day America is much more open to individual ity and diversity than it was just forty to fifty years ago. The work of a writer will project much more in a society resistant to outside ideas than it will in a more accessible minded society. Allen Ginsberg’s poem A Supermarket in Heaven is a romantic homage to the change of ideas from the 1850’s to the 1950’s. Ginsberg has an almost mystical attachment to be incorporated into the moment of the world. Whitman had a passionate desire to love and be apart of the world despite the world at times being unlovable. Nick Flynn in The Captain Asks For a Show of Hands also points to the need for man to have openness towards the world. In the fist poem of the collection, haiku (failed) Flynn writes: The thin thread that hold us here, tethered/ or maybe tied, together, What/ do you call it –telephone? horizon? song? Listen/ to yourself sing, We are all god’s children / we are all gods, we walk the earth These opening lines establish a connection between humanity or the lack there of, whether it is a telephone wire or song. Flynn also writes in seven testimonies (redacted) about the horrors, which occurred between the guards and Abu Ghraib detainees. Here again we find that in order for the reader to walk away satisfied the author must take a risk. This specific incident was a moment of great turmoil for America, yet similar to Whitman Flynn still encourages to love and be apart of the world despite it at times being difficult to live with. This is seen in his poem Imagination where he writes, â€Å"†¦the earth/ is dirt, our bodies dirt you/ floating there a hand’s-/ width above me, just until/ things blow over, that/ war, say, Jesus/ did we really just make it all up? It is almost as if he is saying that regardless of evil all humanity is composed of the same materials therefore we are all connected. Differing from Whitman and Ginsberg who were aspiring to gain connection Flynn is writing to regain that sense of connection. The fractured nature of Flynn’s writing became the pressing subject and goal of the book as he begins to decipher the voices of the media, military and government. We live in a world so enveloped with technology that it is difficult to establish a sense of security and trust between another human. There once was a time where a handshake sealed the deal, that hand is no longer valid unless it is â€Å"googled† or sent to a laboratory to ensure its security. Ginsberg wrote during the height of American conformity, the 1950’s, a time when there was still much societal improvement to be made, especially concerning civil rights. There was indeed a necessity to break barriers and restructure the way America viewed its ideal society. Now, as I think Flynn asserts, we have reached a position of heightened equality but our many options have confused the world as a whole and left it standing further disconnected. Ginsberg and Whitman’s theories on society were pragmatic while today the movement is driven much more out of emotion. Many of the contemporary American poets we have read struggle with either a parent, usually their father or a spouse. Nick Flynn himself lost his mother to suicide and met his father for the first time at the age of 27 while working at a homeless shelter. This may shine a brighter light on why he may be so driven towards gaining a greater connection with society. Terrance Hayes another contemporary writes from s similar place in his collection of poems entitled Lighthead. Hayes in Arbor for Butch depicts the cyclical nature of the world through the relationship with his father: I am with my newborn son and the man blood says is my father n a shit motel, and if each of us is, as I sometimes believe, the room we inhabit, he is a bed used until it is stained. Even if I knew this first meeting was our last, I would have nothing to offer beyond the life I have made without him. I think this is highly representative of an individual’s relationship to a society. Despite the speakers inability to establish a meaningful and significant relationship with his father his is still able to bring new life into the world. It goes to show that life is always in a constant state of motion, sometimes there are moments of connectedness and other times it seems to be a distant appeal. Again, we find an author who is not afraid to resist the norms of literary rule or society. Just as Whitman, Ginsberg and Flynn all break away from the standards of poetic writing so does Hayes. On the faculty page of Terrence Hayes at Carnegie Mellon University he writes that, â€Å"he aspires to a poetic style that resists style. † Speaking only in regards to the material read in this course it is evident that profound writing does not conform but rather challenges thought. These thoughts are also not always as refreshing as the wisdom written by Whitman, many times I was left with a bitter taste about America. Hayes writes in Support the Troops: I realize were it nor for the sacrifices of these young boys, America would no longer have its source of power. I have given considerable thought to your offer, but I simply am unable to offer my support. The nature of this poem is very ambiguous but it leaves me with the impression that he is unhappy with America and feels apart from it. Hayes stands himself apart from Ginsberg and Whitman here who acknowledge the negative aspects but still desire to be apart of the â€Å"ordure of (American) humanity. As I near conclusion I felt a need to include Wallace Stevens because he is able to establish a point of view that is still aside from the norm, but does it in a much more benign manner. In the Anecdote of the Jar he writes of a jar placed in the wilderness of Tennessee, â€Å"The wilderness rose up to it,/ and sprawled around no longer wild. / the jar was round upon the ground/ And tall and of a port in air. † This poem was written in 1919 a time when nature was being converted though industry in ways that never seemed possible. It points to the idea that the wild is tangible and as soon as humans incorporate the unnatural with the natural, the wild ceases to exist. This is an idea reminiscent of the modern environmentalist movement, but Stevens wrote this at the turn of the twentieth century. Wallace Stevens is also writing from the prospective of a capitalist, he was a lawyer and vice president of the Hartford insurance company. Americas current fragmentation seen through the work of Flynn, segments society in a way where it would seem impossible for a member of the capitalist elite to write profoundly on the imagination or wilderness as did Stevens. Through the works discussed in this essay there has developed a prevalent theme of connection not only to society but also to the world. Beginning with Whitman there has been a great deal of risk taken in order to get across an idea. Throughout the course of American society, the word risk has always had a prominent part from the revolution to where we stand today. All of the writes discussed are writing in hopes of a more open society, one that understands fragmentation is subsidiary to connectedness.

Crimes of Serial Killer Gary Michael Hilton

Crimes of Serial Killer Gary Michael Hilton Gary Michael Hilton is an American serial killer who  murdered and beheaded four hikers in Florida, North Carolina, and Georgia between 2005 and 2008. Hilton is sometimes referred to as the National Forest Serial Killer since most of his victims bodies were found in national parks. Although convicted in only four cases, he is believed to have committed many more killings. Trail of Death In January 2008, Hilton was sentenced to life in prison in Georgia for the death of Meredith Emerson, 24, of Buford, Georgia. After that case, authorities from Georgia, North Carolina, and Florida  began piecing together evidence left behind by a trail of bodies that fit Hiltons modus operandi.  He was subsequently charged with and convicted for three additional murders. In April 2011, Hilton received a Florida death sentence for the murder of 46-year-old Cheryl Dunlap. Two years later, in 2013, he was sentenced in North Carolina to four life sentences for the 2007 deaths of  John Bryant, 80, and Irene Bryant, 84. The Meredith Emerson Case On New Years Day 2008, 24-year-old University of Georgia graduate Meredith Emerson went hiking on Blood Mountain in the Chattahoochee National Forest with her dog Ella, which she had done on many previous occasions. This time, however, she failed to return from the hike. Witnesses remembered seeing Emerson talking with a gray-haired man who appeared to be in his sixties and had a red dog named Dandy. Emerson used her wits and martial arts training to fight off her attacker for four days, desperately trying to save her life.  Eventually, she suffered a blow to the head  that incapacitated her. Hilton killed her and left her decapitated body in the north Georgia mountains. After Emersons disappearance, investigators working the case found surveillance photos of Gary Michael Hilton trying to use Emersons ATM card. In February 2008, Gary Michael Hilton was indicted, pleaded guilty, and was sentenced to life in prison- all in a single day. The Cheryl Dunlap Case On April 21, 2011, Hilton was convicted for the February kidnapping, robbing, murder, and dismemberment of Cheryl Hodges  Dunlap, a 46-year-old Sunday school teacher from Crawfordville, Florida. Dunlaps decapitated body was discovered in the Apalachicola National Forest. Despite efforts to fight it, Hilton had been extradited to Florida to face charges for Dunlaps murder.  Hed avoided the death penalty in Georgia but would not be so lucky at his second trial. A Tallahassee jury of six women and six men deliberated for only one hour, 20 minutes before unanimously recommending a death sentence for the serial killer whod avoided execution in Georgia.   The John and Irene Bryant Case In April 2013, Hilton pleaded guilty and was sentenced to four additional life sentences in federal prison for kidnapping and murdering an elderly North Carolina couple in Pisgah National Forest in the Appalachian Mountains of western North Carolina. Hilton had been camping scouting for potential victims before selecting and ambushing the Hendersonville couple who were out for a hike on October 21, 2007. He killed Irene Bryant using blunt force. Her body was later found by authorities several yards from where the couple had parked their car.  Hilton then kidnapped her husband, took his ATM card, and coerced him into providing his personal identification number to access money from an ATM. Mr.  Bryants body was found in  Nantahala National Forest. A day later, on October 22, 2007, Hilton used the Bryants’ ATM card in Ducktown, Tennesee, to withdraw $300. Federal authorities became involved with Hiltons prosecution after autopsy results showed that John Bryant died of a gunshot to the head from a .22 Magnum firearm. Other Possible Victims Hilton is believed to have killed Rossana Miliani, 26 and Michael Scot Louis, 27, among others. On December 7, 2005, Rossana Miliani disappeared while hiking in Bryson City. A shopkeeper told the police that Miliani, who appeared very nervous, came into her store with an older man who looked to be in his sixties. The witness reported that they purchased clothing and that the man told her he was a traveling preacher. It was later learned that Hilton had stolen  Milianis bank card and was trying to use it. Miliani was beaten to death but Hilton was not charged.   On December 6, 2007, the decapitated and dismembered body of Michael Scot Louis was found in Tomoka State Park near Ormond Beach, Florida. The Aftermath and Legacy Hilton remains on death row.  A judge delayed his appeal in the wake of a U.S. Supreme Court decision in January 2016 declaring Floridas death penalty law unconstitutional. In a chilling footnote to the case, it came to light that Hilton had once been involved in the development of a murder movie that bore similarities to the crimes for which he was eventually convicted. An Atlanta attorney, who also produces movies, revealed that in 1995, Gary Michael Hilton helped him come up with the plot for the film Deadly Run.

Organizational Metaphor Definition and Examples

Organizational Metaphor Definition and Examples An organizational metaphor is a figurative comparison (that is, a metaphor, simile, or analogy) used to define the key aspects of an organization and/or explain its methods of operation. Organizational metaphors provide information about the value system of a company and about employers attitudes toward their customers and employees. Examples and Observations [M]etaphor is a basic structural form of experience by which human beings engage, organize, and understand their world. The organizational metaphor is a well-known way in which organizational experiences are characterized. We have come to understand organizations as machines, organisms, brains, cultures, political systems, psychic prisons, instruments of domination, etc. (Llewelyn 2003). The metaphor is a basic way in which human beings ground their experiences and continue to evolve them by adding new, related concepts that carry aspects of the original metaphor.(Kosheek Sewchurran and Irwin Brown, Toward an Approach to Generate Forward-Looking Theories Using Systemic Concepts. Researching the Future in Information Systems, ed. by Mike Chiasson, Ola Henfridsson, Helena Karsten, and Janice I. DeGross. Springer, 2011)What we may discover in analyzing organizational metaphors are complex relationships between thought and action, between shape and reflection.(Dvora Yanow, How Does a Pol icy Mean? Georgetown University Press, 1996) Frederick Taylor on Workers as Machines Perhaps the earliest metaphor used to define an organization was provided by Frederick Taylor, a mechanical engineer interested in better understanding the driving forces behind employee motivation and productivity. Taylor (1911) argued that an employee is very much like an automobile: if the driver adds gas and keeps up with the routine maintenance of the vehicle, the automobile should run forever. His  organizational metaphor for the most efficient and effective workforce was the well-oiled machine. In other words, as long as employees are paid fairly for their outputs (synonymous with putting gas into a vehicle), they will continue to work forever. Although both his view and metaphor (organization as machine) have been challenged, Frederick Taylor provided one of the first metaphors by which organizations operated. If an organizational employee knows that this is the metaphor that drives the organization, and that money and incentives are the true motivating factors, then this e mployee understands quite a bit about his organizational culture. Other popular metaphors that have surfaced over the years include organization as family, organization as system, organization as circus, organization as team, organization as culture, organization as prison, organization as organism, and the list goes on. (Corey Jay Liberman, Creating a Productive Workplace Culture and Climate: Understanding the Role of Communication and Socialization for Organizational Newcomers. Workplace Communication for the 21st Century: Tools and Strategies That Impact the Bottom Line, ed. by Jason S. Wrench. ABC-CLIO, 2013) Wal-Mart Metaphors The people-greeters give you the feeling that you are part of the Wal-Mart family and they are glad you stopped by. They are trained to treat you like a neighbor because they want you to think of Wal-Mart as your neighborhood store. Sam [Walton] called this approach to customer service aggressive hospitality. (Michael Bergdahl, What I Learned From Sam Walton: How to Compete and Thrive in a Wal-Mart World. John Wiley Sons, 2004)Lawyers representing these women [in the court case Wal-Mart v. Dukes] . . . claimed that Wal-Marts family model of management relegated women to a complementary yet subordinate role; by deploying a family metaphor within the company, Wal-Marts corporate culture naturalized the hierarchy between their (mostly) male managers and a (mostly) female workforce (Moreton, 2009).  (Nicholas Copeland and Christine Labuski, The World of Wal-Mart: Discounting the American Dream. Routledge, 2013)Framing Wal-Mart as a kind of David in a battle with Goliath is no accident al moveWal-Mart, of course, has worn the nickname of the retail giant in the national media for over a decade, and has even been tagged with the alliterative epithet the bully from Bentonville. Attempts to turn the tables of this metaphor challenge the person-based language that otherwise frames Wal-Mart as a behemoth bent on expansion at all costs. (Rebekah Peeples Massengill, Wal-Mart Wars: Moral Populism in the Twenty-First Century. New York University Press, 2013) Think of Wal-Mart as a giant steamroller moving across the global economy, pushing down the costs of everything in its pathincluding wages and benefitsas it squeezes the entire production system.   (Robert B. Reich, Supercapitalism: The Transformation of Business, Democracy, and Everyday Life. Knopf, 2007)After experiencing the flaws of having someone in Bentonville make decisions about human resources in Europe, Wal-Mart decided to move critical support functions closer to Latin America.The metaphor it used for describing this decision is that the organization is an organism. As the head of People for Latin American explains, in Latin America Wal-Mart was growing a new organism. If it was to function independently, the new organization needed its own vital organs. Wal-Mart defined three critical organsPeople, Finance, and Operationsand positioned them in a new Latin American regional unit. (Kaihan Krippendorff, The Way of Innovation: Master the Five Elements of Change to Reinvent Your Products, Services, and Organization. Platinum Press, 2003) The Big Tent Metaphor In what many observers will see as the de facto expression of mainstream U.S. Jewrys outlook on J Street, members of the Conference of Presidents of Major American Jewish Organizations voted 22-17 (with three abstentions) to reject the membership application of the self-labeled pro-Israel, pro-peace lobby. . .   J Street said in a statement, This is a sad day for us, but also for the American Jewish community and for a venerable institution that has chosen to bar the door to the communal tent to an organization that represents a substantial segment of Jewish opinion on Israel. Jewish leaders have used a big tent metaphor to describe which views on Israel and U.S. foreign policy are encompassed within the communitys consensus. Since its formation in 2008, J Street has been a frequent subject of debates on how far that tent stretches, and the groups bid to join the Conference of Presidents proved no different. Alina Dain Sharon and Sean Savage, J Street Rejected by Umbrella Group. (Heritage Florida Jewish News, May 9, 2014) Football as a Flawed Organizational Metaphor for Fire Fighting A metaphor seeps deeply into organizational narratives because the metaphor is a way of seeing. Once established it becomes a filter through which participants both old and new see their reality. Soon enough the metaphor becomes the reality. If you use the football metaphor you would think that the fire department ran a series of set plays; finite, divisible, independent actions.You could also assume that at the end of these short segments of violent action, everyone stopped, set up the next plan and then acted again. A metaphor fails when it does not accurately reflect core organizational processes. The football metaphor fails because fires are extinguished in one, essentially, contiguous action, not a series of set plays. There are no designated times for decision making in firefighting and certainly no timeouts, though my aging bones might wish that there were.(Charles Bailey, Metaphors Mask Realities of Firefighting. FireRescue1, Feb. 16, 2010)

Impact of Dams Building in Bellefonte Essay Example | Topics and Well Written Essays - 750 words - 1

Impact of Dams Building in Bellefonte - Essay Example This place holds lots of water as it is connected to a canal which leads to Susquehanna River and ultimately falls into the ocean. Bellefonte is known for its active trade and economics and holds the value of an industrial center in the middle of rural surroundings. Many other dams on same architectural design were built. These dams were not very deep. They were a mere 10-15 feet deep (low head dams) but they powered the industry all through the 19th century. Now on the Spring Creek, only 10-20 of these dams remain. These dams generated water from the spring and had many impacts on the environment and for the economics. For instance; these dams blocked the way for trout. Trout can jump and it’s hard. These dams also trapped sediments and stopped almost all of the sea flow. Another impact of these dams is that they warm up the water through the dam stream. This dam stream slows down the water flow, which gets more heat from the sun. The sun bakes it and the water gets the relatively high temperature and the result is less vegetation and less shade for animals. Due to an elevated temperature of water, the warmer water rises to the surface and fish also remain near the surface whereas the cold water sinks to the bottom. There is also a large ponding area here which affects a larger portion of the stream. The Spring House here is run by an actual spring and lets 8-10 million gallons of water pass through in a day. A chunk of the area has been sold for natural gas drilling and for other manufacturing concern like drinking bottled water. Bellefonte is a water-rich area and has a huge surplus of water. As the area started developing, more and more industries started mushrooming and the place became noisy and dirty. The industries started dumping waste into the stream and disturbed the natural condition of water and caused disgusting contamination in it. But the good thing is that this was the case many years ago.

Ban on Smoking in Public Places Essay Example | Topics and Well Written Essays - 1000 words

Ban on Smoking in Public Places - Essay Example If we know these products are bad for us why they are not regulated? They can lead to numerous types of cancers and eventually cause death. The dilemma of tobacco is mainly focused on minority groups, such as women and African Americans. Support and leadership is needed to shift the focus off of these groups. However, even though there have been actions to prevent people from smoking in public places, the people have learned to segregate themselves somewhere else. The government is not responding enough to the problems that need addressing relating to tobacco. The government and its citizens know the issues being raised with tobacco products, but they choose to ignore. Effects of Smoking A study carried out by Radzeviciene and Ostrauskas gives an overview about the relation of smoking and type II diabetes. It gives significant evidence that smoking is directly related to the disease. Similarly other studies also show that smoking has a profound effect on the incidence of diabetes pre vailing in this world. A research done by Wannamethee et al shows that cigarette smoking is directly related to diabetes even if the confounders are adjusted. On the other hand the author in the article also gives forward the fact that the exact underlying cause or relation of smoking with diabetes has yet not been confirmed. However he suggests that the nicotine in cigarette smoking is the main cause which causes insulin resistance and thus leads to diabetes mellitus in individuals. The author asserts that nicotine has a direct effect on the sympathetic nervous system because of which the heart rates, serum cholesterol is increased. Moreover glucose tolerance and insulin sensitivity is impaired in the body by smoking. Eliasson et al in his research tells that smoking initially show the symptom of insulin resistance. And after some time the endothelial function is also impaired. Other toxic substances in cigarette smoke can also harm the individual's normal physiological state of bo dy and thus increase the stress on the body. This stress is a cause of diabetes mellitus in individuals (Radzeviciene & Ostrauskas 2009). Arguments for and against ban on smoking With the development in the world, the human mind has broadened its perspectives. The spread of knowledge has enabled a person to know how human beings have evolved as well as to understand their position and rights in the society. Gone are the times when people used to be suppressed by their powerful counterparts. With this evolution the recognition of the self and civil liberties have been understood. People have reached to levels where they believe that they possess complete control of their lives to an extent that they advocate euthanasia with an argument that they have the right to choose death over pain. In such a period the development of laws to ban personal activities can prove to be very offensive. This is the case with the proposal of ban on smoking in public places. The state has the right to cr eate laws for the betterment of its people but when these laws intrude the personal issues of a person, it can be a reason for argument. The state is chosen by the people to take care of their needs but by imposing bans in private issues, the state is actually interfering with matters that are beyond its scope of work and the opponents of this ban have very convincing thoughts regarding this issue. The prohibition of smoking in public

Blake Recalls Innocence and Experience Essay Example for Free

Blake Recalls Innocence and Experience Essay When attempting to penetrate into the deeper themes of William Blakes cycle of poems Songs of Innocence and Experience it can be useful to recognize that the title of the poems, as well as the subsequent division into sections of innocence and experience carries ironic connotations. Blakes intention in this cycle of poems, which he subtitled Shewing the Two Contrary States of the Human Soul (Ostriker, 1977, p. 104) was to posit the relationship of individual freedom and self-determination as being at one with Divine Will. Therefore, the state of innocence which is referred to in the cycles title as well as in the division of poems itself is meant to suggest not ignorance which leads to innocence but the innocence which is gained (or reclaimed) by the experience of the Divine. In fact the first poem in the innocence cycle, Introduction makes plainly manifest, Blakes ironic use of the titular connotations of innocence and experience. The poems second stanza reads: Pipe a song about a Lamb; So I piped with merry chear, Piper pipe that song again So I piped, he wept to hear (Ostriker, 1977, p. 104) The subtlety of Blakes theme here is so accomplished as to be almost invisible when one reads the lines without carefully probing each word for its connotations. Special attention must be given to each word-choice to extract from the sing-song pleasantness of the poem, the resounding and profound thematic ideas which lay beneath the poems surface. The word Lamb for example is capitalized not only to emphasize the mythic and religious ideas which are an intimate part of Christian symbolism, but to inform the reader that Lamb is, indeed, the theme of the entire poem. The repeating of the word piped is intended to show that the Divine voice is always trying to break through to humanity; the line So I piped, he wept to hear reveals that this song of innocence is, in fact, a song of experience: the knowledge that humanity is blind to, or in this case, deaf to, the Divine voice. While Blake emphasizes a state of idealism in his Songs of Innocence and Experience nowhere does he proffer the idea of passive acceptance of the worlds injustices or pain. In fact, passivity to the worlds suffering is defined not in the poems of innocence but in a poem of experience where Blakes verdict on the lack of empathy in the modern world could be made no more certain or clear. His poem London is a lament for precisely this idea of passive acceptance of world injustice and suffering: In ever cry of every man, In every Infants cry f fear, In very voice; in every ban, The mind-forgd manacles I hear (Ostriker, 1977, 128). In these lines, the capitalized word Infants denotes a connection to the Lamb of th other poems: in Blakes Songs of Innocence and Experience the lamb and the child are both symbols of the individuated self, and also of the Divine Will, which Blake, as mentioned, attempts to unify in his poetry. (Ostriker). The phrase mind-forgd manacles is important because it shows how a lack of empathy and compassion or even concern for the worlds troubles is a function of ignorance, of a bad kind of innocence a worldly oblivion, which stands in sharp contrast to Blakes idealized state of Divine innocence which is often frustrated by the materiality of ignorance of the world, but is nevertheless, an inheritance, according to Blake, which is due to every living individual on earth. The attainment of a state of ideal innocence in Blake denotes a state of self-awareness and self-identity which steps outside of the concerns of material wealth and social standing and relies purely upon the human heart as its gauge of success and its proximity to the Divine as a measure of its truth. Reference Ostriker, Alicia. 1977. William Blake: The Complete Poems. Penguin Books, New York.

The World as a Wasteland: A Comparison of Two American Modern Poets, Ro

â€Å"[F]uture commentators on American poetry and political issues will not be able to ignore the †¦ authentic voice of the region,† argues Barry Ahearn, author of the article Poetry: 1900 to the 1940s, which discusses the importance of the author writing about his or her region of choice in their poetry and how it affects their writing (Ahearn 373). Ahearn discusses writers such as Sterling A. Brown, Langston Hughes, H.D. (Hilda Doolittle), Robert Frost, Robinson Jeffers, Edna St. Vincent Millay, Lorine Niedecker, George Oppen, John Crowe Ransom, Charles Rezikoff, Muriel Rukeyser, Gertrude Stine, Wallace Stevens, Sara Teasdale, William Carlos Williams, and Louis Zukofksy. The purpose of mentioning so many, claims Ahearn, is to gather a survey of works between 1900 and the 1940s. The discussion of these writers creates a wide range of Modernist authors that influenced each other and the people who read their works; the author claims that the authenticity of the writer is what creates a more accurate work of literature and the life experiences of these authors is the material that adds to their writing as a whole. For example, Robert Frost and Langston Hughes are regional writers that focus on specific places but have similar qualities in their poems that transcend the locale. Two poems exemplify these qualities -- â€Å"Stopping By Woods on a Snowy Evening† with â€Å"Birches† by Robert Frost and â€Å"Theme for English B† with â€Å"Visitors to the Black Belt† by Langston Hughes. Both authors express their world as a wasteland; their environments are portrayed in poor or discouraging light due to human intrusion, or lack thereof, within their communities. Modernist Poetry involves a movement away from the self and the emotions of the individual. Typical... ...5. EDS Foundation Index. Web. 18 Apr. 2012. Frost, Robert. â€Å"Birches.† The Norton Anthology Of American Literature. 7th. Vol. D. Ed. Leffelholz, Mary. New York: Norton & Company, 2007. 1400-1402. Print. Frost, Robert. â€Å"Stopping by Woods on a Snowy Evening.† The Norton Anthology Of American Literature. 7th. Vol. D. Ed. Leffelholz, Mary. New York: Norton & Company, 2007. 1403. Print. Hughes, Langston. â€Å"Theme for English B.† The Norton Anthology Of American Literature. 7th. Vol. D. Ed. Leffelholz, Mary. New York: Norton & Company, 2007. 2036. Print. Hughes, Langston. â€Å"Visitors to the Black Belt.† The Norton Anthology Of American Literature. 7th.Vol. D. Ed. Leffelholz, Mary. New York: Norton & Company, 2007. 2032. Print. Leffelholz, Mary. The Norton Anthology Of American Literature. 7th. D. New York: Norton & Company, 2007. 1177-1191. Print.

Changes in Woman in 1776 to 1876

War in USA women were seen as aides in the man’s struggles. They did man works, and helped them out in the war. After the war in 1783 the women in middle class were seen as the Republican Mother, they were seen as the role models for their children to teach them about democracy. Since they helped their country men winning the war. However, soon this role would demolish a little bit, as the women went back to caring for their children. During the Reformation period starting in the 1800s, women began to talk about their views.On drinking, money, their children’s education, mental challenged people’s rights, better prison conditions, and the end of slavery, women were seen to change politics, although they could not vote, they became somewhat leaders for their views. During the Civil War in 1861-1865 on North and South Women became their ancient roles from the Revolutionary War, as helping their men in war. Though after that, war, women seemed to lose itself a bit. However, not for long, because industries started to kick in. Then you have the Gilded Age in 1873 women before this Age and after started working in the industries.In the North then women worked, and in the South the did too, and helped their men on the farms. So, how did it rise and falls. All depended on what was going at the time. The roles Women played were important, in the Middle Class they were always between poor and rich, and they were the ones that wanted to work hard enough to prove for their family, thus they wanted to become rich. When women were not seen important, they put their views through their beliefs and moral values, and when they became important the set aside that and did what was best to keep their family alive.

Thank You for Smoking by Nick Naylor

Sneha Maknojia Professor Christopher Dunn English 1302- Essay One 27 February 2013 Thank You for Smoking Thank You for smoking is about a lobbyist name Nick Naylor who is the vice-president of Academy of Tobacco studies. The movie revolves around how Nick smooth-talks everyone into believing that Tobacco is not very harmful. Nick Naylor's main job was to make people aware of the research his academy does and answer questions on television regarding health claims against tobacco. Nick believed everyone has some sort of talent and he has the talent to talk people in or out of an argument.He always knew what to say and when he needs to say it. In the movie Thank You For Smoking the main character Nick Naylor shows the power of how argument when it is done in a correct manner, which can make everything seem right. There were many instances in the movie when Nick showed the power of argument. In the movie he argued himself out of some other argument. Throughout the movie Nick showed the p ower of art and power of argument from the smallest of things to very serious matters.The first instance I thought he showed his knowledge about argument is when he is with his son in Los Angeles and teaching him how you do not have to be right to win an argument. He is teaching his son an art of argument by saying that to win an argument all you have to do is to prove other persons argument wrong. The reason why I thought it was kind of an interesting philosophy of Nick Naylor is because it is kind of true sometimes you do not have to prove yourself right.All you have to do is that prove the other person wrong which will automatically make you correct. The second time I thought Nick Naylor showed his power over arguing is at the beginning of the movie when he is at a television talk show and he was being criticized of how the academy is not doing anything to prevent the number of deaths of children because of tobacco. Here again using his great skill of smooth talking saying that w hy would a tobacco company would want their customers to die. Again he made a point which I thought was very logical.He put an end to this argument by claiming how academy is putting their own money to help persuade kids not to smoke. Nick again using the power of his argument skills by putting the on us on the other guy instead of himself and let the other guy prove his case instead Nick trying to prove his. The third evidence of Nick’s argument abilities is shown at the congressional hearing towards the end. When he was arguing on the issue of people being not informed enough about the dangers of tobacco, he was asked to come in to prove that otherwise.Here again instead of proving his own point, Nick Naylor brought up a whole new argument to get peoples focus off from the tobacco argument. He made another valid point by saying that if tobacco’s hazardous warning needs to be more prominent on its packaging because it is great danger to American people health than che ese have to have hazardous warning too. He argued that a lot Americans died because of cholesterol so they should put a more prominent danger warning on cheese related products too.Nick gave a great analogy about people being knowledgeable enough to make their own decisions. Just like cheese do not need a warning sign because people are aware of the danger of cholesterol by eating too much cheese, people who smoke are aware of the harm of tobacco. It’s a person own choice what they want to consume and what they do not, people are knowledgeable enough to know what is harmful to them and what is not. These claims that Nick have made about the beauty of arguing supports my thesis about how throughout the Nick Naylor showed the power of argument if it is done correctly.He argued with his counter parts in a manner that it never looked like he was arguing. He talked in such a soft, smooth tone that sometime he was not the one who was defending the argument and it is the other way a round. Some people think arguing never brings any good, but in this movie Nick Naylor showed how arguing, if done correctly, can persuade people to change their way of thinking. I thought the last dialogue of Nick Naylor sums up his talent of arguing quiet brilliantly. â€Å"Michael Jordan plays ball. Charles Manson kills people. I talk. Everyone has a talent. †

The role of originality and creativity in setting out a good marketing communication strategy The WritePass Journal

The role of originality and creativity in setting out a good marketing communication strategy Introduction The role of originality and creativity in setting out a good marketing communication strategy ). The paper panda tour serves as a proper example of how business should provide customers with more than the standard form of advertising (Thun, 2010). For instance, the idea of Integrated Marketing Communications (IMC) makes a clear sense in this context by emphasising the originality and creativity dimensions of the strategy behind the paper panda tour. Researchers suggest that marketing teams should focus initially on the customer, which is the case with the paper pandas (Porcu, del Barrio-Garcia, Kitchen, 2012). Customers are exposed to the original and creative project of paper pandas through a mix of integrated communication methods, which are considered by people eye-catching and trustworthy. According to marketing researchers, IMC is an innovative and creative step because the complete culture of marketing agencies, in-house marketing departments, and marketing consultants had expanded the idea of separating advertisement, direct marketing, sales promotion, and public relations, rather than the pleasant, customer-centred development process that IMC requires (Duncan Mulhern, 2004). Integrated Marketing Communication has become an important part in marketing because the technological system has the integration of business stakeholders (Kalamas, Mitchell, Lester, 2009). According to experts, planning and implementation of all marketing communications are required to be done in an original and creative manner in order to meet the marketing objectives and attract more customers (Vance, Howe, Dellavalle, 2009). The process of building and applying different communication programs reflects in the possibility to have a solid impact in the future over time (Kitchen Schultz, 1999). The general IMC method focuses on customers and functions to establish and classify the methods to extend the influential communications programs. For the creators of the paper panda tour, it has become important to plan, develop, implement and assess the coordinated and measurable influential marketing communication programs applicable to external and internal viewers over time (Laurie Mortimer, 2011). It is a policy in which different marketing communication tools like promotion, public relations, sales promotion, direct marketing and personal selling operate together to st rengthen the communication process to target consumers. Such holistic and creative approach has led to the popularity of paper pandas. Media has experienced a wide phase of development in the last decade, implying that the creators of this original project have considered the importance of applying essential marketing strategies to reach out an optimal number of customers (Duncan Mulhern, 2004). Marketing managers were formerly focused on advertising their product/service through traditional marketing forms like TV, radio and newspapers (Gronroos, 2004). However, now the current marketing trend appears to be digital as Information Technology has become an important element of daily lives (Reid, 2005). The digital aspects of originality along with the physical dimensions of creativity evident in the massive project of paper pandas have indicated the use of proper communication strategies. A concept shift has been presented, or in other words, the creators of the project have focused on demonstrating a move from traditional marketing towards digital content that flows across various integrated media channels. As a re sult, more people can be informed about the project of the paper pandas and thus would prefer to see it (Laurie Mortimer, 2011). The theory definitely suggests about building the marketing communication mix which is considered being interdependent and bringing more incorporation and moving towards having several methods of accessing media, i.e. bringing in more flexibility in the marketing mix by using a combination of traditional and new digital media. Furthermore, it refers to the actions of media audience as being migrant, i.e. changing the marketing form that can provide them with the required experience. In such marketing environment, customers are dynamically involved and looking for new, original and creative content to make proper connections. Transition has played a relevant role in shifting the marketing trends, which is obvious in the formation of the paper panda project. The concept of transition indicates that the traditional media is not being displaced; rather its operations and significance are being shifted with new media options (Reid, 2005). This reflects in providing detailed online information about the project, such as in social media platforms and blogs. For instance, in a blog by Ng (2014), the focus is on describing the paper panda project in detail, with an emphasis on the substantial number (1600) of paper pandas exhibited to the audience in Hong Kong. In this way, media transition is more than merely a technological shift changing the relationship between existing technologies, sectors, markets and supporters (Kelm, 2011). Transition has brought remarkable changes in the media rights and has improved marketing media concentration. The elements of originality and creativity have played an important role in forming a good strategy that involves a combination of different IMC elements (Michaelidou, Siamagka, Christodoulides, 2011). According to marketing experts, there are five established IMC elements known as Advertising, Promotion, Direct marketing, Personal selling and PR (Public Relations). It has been indicated that the paper panda project in Hong Kong has been successful in covering all these elements and achieving substantial customer interest (Porcu, del Barrio-Garcia, Kitchen, 2012). A good marketing strategy normally focuses on building original and creative content that creates attention as well as motivational encouragement for users to share it with their friends and families (Kelm, 2011). For instance, the paper panda project can be adequately popularised through different social media platforms because it is a relevant step to rely on the contribution of different users to talk about the exciting project. The keys to social media success are user contribution, user brand loyalty, user enthusiasm, and the communication between people (Laurie Mortimer, 2011). The introduction of an original and creative design related to the paper pandas, and the creation of opportunities for social interaction, are some of the features making this project quite appealing to the general audience. Many marketing experts long before have recognised synergism and originality as important concepts behind the introduction of a good marketing strategy; the incorporated effect of each effort would force the marketing communication to become more effective (Laurie Mortimer, 2011). In this way, originality and creativity can enhance the brand image and popularity of companies that consider the importance of endorsing those concepts (Kelm, 2011). Communication, especially if it is done in an original manner, also represents a significant driver of marketing communication activities. Communication, as seen in the paper panda project, is a fundamental element which allows the creators of the project to connect with the audience (Duncan Mulhern, 2004). This simply occurs through communicating of ideas and seeking to establish particular perceptions of these original paper pandas introduced in a quite creative way. With the rapid development of technology, modern organizations can utilise different communication channels to attract a significant number of customers. As mentioned, the role of social media platforms is important in the process of facilitating organisational communication (Kelm, 2011). The creators of the paper panda project have obviously ensured the creative application of a relevant marketing planning platform in a direction of expanding the positive impact of communication on all stakeholders (Ng, 2014). Commun ication has a strategic role in contemporary organisations. It is important to emphasise its priority of expanding particular marketing activities through the development of diverse communication channels. The emphasis is to deliver a consistent and properly structured message about the original project. Creativity is basically the application of better ways of solving organisational problems. The ability of an organisation to change in the environment provides the degree of elasticity and adaptability in all kinds of situations through creativity (Laurie Mortimer, 2011). Originality means that a company has promising financial prospects that will ensure increase in profits. It means that whatever changes occur in the market, the company will continue to grow by providing the required services, hence increasing its market share and in the end have high revenues. Thus, originality and creativity can be used as adequate measures of performance as related to the paper panda project (Ng, 2014). It is important to mention that this project is quite flexible and has produced the necessary positive effects that original and creative projects usually produce in the audience. This paper discussed the role of originality and creativity, which have been indicated as essential principles of a good marketing strategy (Duncan Mulhern, 2004). Details about the paper panda project have been provided, as this information was closely related to the dimensions of originality and creativity (Kelm, 2011). The paper focused on explaining how the paper panda project ensured the use of originality and creativity in the sense that no one has ever done a similar project. In conclusion, the success of this project points out that marketing managers have demonstrated the implementation of a proper marketing strategy combining the dimensions of originality and creativity. References Duncan, T. Mulhern, F. (2004). A white paper on the status, scope and future of IMC. New York: McGraw-Hill. Gronroos, C. (2004). The relationship marketing process: Communication, interaction, dialogue, value. Journal of Business and Industrial Marketing, 19(2), 99-113. Kalamas, M., Mitchell, T., Lester, D. (2009). Modeling social media use: Bridging the communication gap in higher education. Journal of Advertising Education, 13, 44-57. Kelm, O. R. (2011). Social media: It’s what students do. Business Communication Quarterly, 74, 505-520. Kitchen, P. J. Schultz, D. E. (1999). A multi-country comparison of the drive for IMC. Journal of Advertising Research, 39(1), 21-38. Laurie, S. Mortimer, K. (2011). ‘IMC is dead. Long live IMC’: Academics’ versus practitioners’ views. Journal of Marketing Management, 27(13/14), 1464-1478. Michaelidou, N., Siamagka, N. T., Christodoulides, G. (2011). Usage, barriers and measurement of social media marketing: An exploratory investigation of small and medium B2B brands. Industrial Marketing Management, 40(7), 1153-1159. Ng, P. (2014). 1600 pandas haunt attention! Harpers Bazaar. Retrieved from harpersbazaar.com.hk/lifestyle/entertainment/1600-pandas-hong-kong-tour-timetable-2014 Porcu, L., del Barrio-Garcia, S., Kitchen, P. (2012). How Integrated Marketing Communications (IMC) works? A theoretical review and an analysis of its main drivers and effects. Comunicacion Y Sociedad, 25(1), 313-348. Reid, M. (2005). Performance auditing of integrated communication (IMC) actions and outcomes. Journal of Advertising, 34(4), 41-54. Thun, J. H. (2010). Angles of integration: An empirical analysis of the alignment of internet based information technology and global supply chain integration. Journal of Supply Chain Management, 46(2), 30-44. Vance, K., Howe, W., Dellavalle, R. P. (2009). Social internet sites as a source of public health information. Dermatologic Clinics, 27(2), 133-136.

Hiv / Aids And Discrimination Essay -- AIDS, HIV, Immunodeficiency, Tube

5/3/16 English Professor HIV/AIDS and Discrimination Today AIDS still affects both men and women, predominantly African American women. AIDS was originated in Africa. As of today people can live with AIDS as opposed to years before they had the proper medication to treat AIDS, but keep in mind their is still no cure as of yet. It has been a worldwide disease that federal officials and associations tried to make up laws and ways to prevent the transmission of AIDS. According to HIV/AIDS website, HIV is a virus that attacks cells in body’s immune system. HIV stands for human immunodeficiency virus. The transmission of HIV can be transmitted through sexual intercourse both anal and vaginal sex without using a condom. Also another way to transmit HIV is by sharing needles for drugs or any use of injections in the blood. Unlike some viruses HIV cannot be rid of, you have it for life. Untreated HIV can result to the disease of AIDS ( acquired immunodeficiency disease). According to the World Health Organization (WHO) there are app roximately 36.9 million people worldwide who are living with AIDS at the end 2014. The disease AIDS has caused the federal government, along with the Olympic Organization, and Sport Organizations change the antidiscrimination laws. The changes have resulted in the creation of the American Disability Act, Rehabilitation Act applying to athletes, and providing education programs. The athletes Earwin â€Å"Magic† Johnson, Tommy Morrison, and Greg Louganis. These athletes are HIV positive and faced discrimination because of the disease. After Magic’s announcement that he was HIV, the discussion was if he would continue to play basketball. Fellow basketball players discussed ... ... middle of paper ... ...ad an AIDS specialist come to educate and provide training for the teams. In some of the professional leagues a rookie is required to attend an orientation, that discusses financial management, handling the media, and HIV/AIDS. Magic Johnson helps to end discrimination amongst athletes and spokesman of AIDS prevention. Therefore, players that are being educated of HIV/ AIDS will understand the precautions of transmission and the knowledge will be taken throughout their careers. In conclusion, there should be no discrimination against athletes who are HIV/AIDS infected. Athletes who are infected are capable to participate in competitions, but will always be risk of transmission, although it 's possible to keep the risk very small for the other athletes who are not infected. The laws that were created to protect every individual to avoid being turned away by anyone.

Summary Paper over Getting Real in the Classroom by Ellen Goodman Essay

Summary Paper over Getting Real in the Classroom by Ellen Goodman - Essay Example As Goodman puts it, they offered â€Å"a horror story† of the boys academic fall, presenting various incontestable evidences. Actually, the problem is that boys fall behind girls. This has given ground for discussion of the issue from the prospective of feminism and sexism, brain studies and genetic biology, all of them proving that something is wrong with males in this country. As a result Doug Anglin, a senior from Milton High School in Massachusetts, even filed a lawsuit against sex discrimination in the whole system. Goodman does not agree with Anglin’s claim. The author of this paper supports him with both hands. It is a well known fact that boys face problems in learning, while it is against their nature to sit still listening carefully and following all the teacher’s demands. Females are too timid to violate rules. Males often abandon some subject for the sake of their special individual interests. For instance, some of my male classmates were interested i n electronics and cars, others in politics, history or physics, and those interests were pursued instead of learning the academic program. As the result, when graduating males usually possess knowledge making them specialists in some field and enabling them to earn money, while females can do almost nothing but fulfill teachers’ and academic requirements. Teachers often curse their male students instead of paying special attention to their personalities. Perhaps, the problem is not in students, but in grown-ups teaching them. In respond to all the disturbing studies, Washington carried out a crisis intervention claiming that, in fact, those are not boys who are doing worse, but girls who are doing better. The boys have shown better results recently. The report also informed that girls tend to score higher in reading and writing, while boys are better in math and science. Yet, Goodman finds danger in these facts. Girls close their math gap faster than

The Sale of Goods Act Essay Example | Topics and Well Written Essays - 1000 words

The Sale of Goods Act - Essay Example The other important element in such sales is reliance. The buyer must have relied on the description of the goods. In the absence of reliance on the description, the latter does not constitute an important term of the contract (Magrath, 1989). As such, there should be a reasonable understanding among the parties that the buyer will rely on the description of the goods. In Harlingdon & Leinster Enter. Ltd. v. Christopher Hull Fine Art Ltd the court held that the description of the goods constitutes an essential feature of the goods sold. Quality and suitability of the goods sold are implied terms in the contract of sale by description or sample. Implied terms render the seller of the goods liable if these goods do not conform to their description. If the contract does not incorporate a term of description, then the buyer has to establish that he had relied on the fraudulent inducement of the seller. The Court of Appeal dismissed the claim of the buyer against the seller for damages (Harlingdon and Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd, 1990). Furthermore, in Birch v Paramount Estates, the defendants provided some information regarding the quality of the house. The buyer relied on this statement, and the court held that this statement was a term of the contract (Birch v Paramount Estates, 1956). In the Dick Bentley case, it was held by the Court of Appeal that mileage was a term of the contract. Moreover, a car dealer was in a better position than the customer in assessing the mileage shown by the odometer; hence, the car dealer was held liable. In our problem, even though Dusko had inspected the kitten, he had to rely on the description made by the seller. Since the kitten was not in conformity with its description, the seller is liable under the provisions of section 13(1).

Canada's looming retirement challenge Speech or Presentation

Canada's looming retirement challenge - Speech or Presentation Example In this particular research, LifePaths has been used to address these concerns. LifePaths is essentially a sophisticated tool for simulation which has been created by Statistics Canada. LifePaths functions by integrating data collected from the experiences related to the socio-economic conditions and project consumption of the Canadians who are yet to approach the age of retirement, both before and after they retire. LifePaths does not only take into account the income generated from the programs of public pension, but it also integrates the income and savings made from the registered retirement savings plans (RRSPs) as well as the registered pension plans (RPPs). In addition to that, LifePaths also pays due consideration to the housing equity that is accumulated, and tracks how it helps in the consumption made in the later years of life. LifePaths particularly derives its importance and value from the fact that it can model the socio-economic and demographic patterns that vary with time over the representative yet diversified population belonging to different ages over the course of time. In the study, the focus of the researchers has been the ability of future retirees to sustain the consumption patterns they have had before retirement once they stop to work. This is achieved by benchmarking every person’s standards of living after he/she retires and comparing them to what they had been before the retirement occurred. While doing so, the researchers take into account the diversity and change that occurs in the individuals’ lifetime with respect to such variables as income, savings, tax payment, employment record, and other family conditions that keep varying from time to time. What is quite important to note is that such a calculation provides the researchers with an insight into the individuals’ preparedness for the conditions that would occur after their retirement both within and across the various income groups. Like many other resear ches investigating the very subject concluded, this particular research verified that the system for retirement that has conventionally been in place in Canada has been conducive for healthy consumption rates in the period that follows the retirement of individuals. For individuals belonging to the low income zone in particular, the retirement system has offered great support after completion of their services. In the last two decades, people that have reached the age of retirement experienced significant support from the retirement system in Canada. However, it is important to note that in case the present economic and behavioral circumstances in Canada continue to persist over an indefinite period of time, a vast majority of Canadians are susceptible to experience difficulties in sustaining the same consumption after retirement that they enjoy during the period of their working life. Presently, no more than 16 per cent of the total population of retirees happens to be in such circ umstances which are likely to result in a considerable minimization of the consumption after the retirement, the number would increase manifolds if the present trends persist indefinitely. As many as 44 per cent of the t

What is globalisation?

What is globalisation? Introduction The emergence of globalisation in the nineteenth century has brought about a change in the world. It has resulted in the elimination and diminution of barriers between countries, in order to aid the flow of goods, services, capital and labour between these countries. There have been various debates surrounding the concept of globalisation. The opening of the markets have been said to be a way of enabling the developed countries maintain their position of supremacy over the developing and less developing countries by allowing their big multinational companies exploit the resources of these other countries and keep the profit. (Lewis 2007). In spite of this, globalization has created a lot of new opportunities and for many nations and has required them to develop partnerships and bonds throughout the world which has played an important role in the success of some nations. Aim In a speech given by Nelson Mandela at the British Museum in 2000, he said â€Å"If globalisation is to create real peace and stability across the world, it must be a process benefiting all. It must not allow the most economically and politically powerful countries to dominate and submerge the countries of the weaker and peripheral regions. It should not be allowed to drain the wealth of smaller countries towards the larger ones, or to increase inequality between richer and poorer regions.†Cited in Lewis (2007).  Ã‚   The aim of this essay is to examine the impact of globalisation on domestic construction companies, their projects and services in developing countries. What is Globalisation Diverse definitions have been given to globalisation, depending on the context in which it is being used. The world has suddenly become a global village, where boundaries are being removed and organisations are free to envisage, design, create, purchase and sell products in other countries making the world interconnected. According to (Govindarajan Gupta, 2000), globalization is defined as the increasing economic reliance that exists among countries as seen in rising traverse relationship with the flow of goods and services. Cope (1999) sees the process of globalisation as â€Å"having two inter-related dimensions: scope (or â€Å"stretching†) and intensity (or â€Å"deepening†). On the one hand, the concept of globalization defines a universal process or a set of processes which generate a multiplicity of linkages and interconnectedness which transcend the states and societies which make up the modern world system. On the other hand, globalisation also implies intensification in the levels of interaction, interconnectedness or inter-dependence between states and societies which constitute the modern world economy† The International Monetary Fund (IMF) defined globalisation, as rapid economic incorporation countries around the world by the movement of goods, services and capital across borders. In the design and construction industry, globalisation means two major things; improved competition and improved opportunity (Russell J.S, 2000). Globalisation affects every design and construction firm both domestic and foreign. Globalisation is needed in countries to improve the relationship between these countries and to improve the economic stability of these countries. Globalisation in the Construction Industry The influence of globalisation in the construction industry is beginning to emerge; this can be seen from both external and internal factors within the industry. There is an increasing need for organisations to develop new strategies and ways of getting things done, as global competition is growing. Different organisations small, large, domestic and international are all going to be affected by this new way of doing things.  Ã‚  Ã‚   According to Cheah et al (2005), globalisation is bringing about new prospects for the construction industry due to the deregulation of industries and privatization of traditionally state-owned entities needing new construction or an upgrade of existing facilities which has attracted new key players from abroad. Externally, the clients are globalising. In order to serve them better and generate repeated business, engineering and construction firms have to elevate their agendas to the international level. Fundamental changes have to be made to project management techniques in engineering and construction companies if they are too maintain their standards and are to be successful in the global market place in the 21st century. Customers will expect lower costs, shorter engineering and construction periods, lower costs, shorter engineering and construction periods, high-quality materials and equipment from manufacturers anywhere in the world and prompt attention to their needs. Kini (2000). The construction industry is an important part of the development industry within an economy, particularly in an era where the rate of u urbanisation and resources continue to reduce. The construction industry plays its role in any economy as it uses materials and resources, changes the environment and affects the lives of the people living in the society. International Construction and Globalisation in Developing Countries According to Ngowi et al (2005), International construction has been defined, as when a company which is based in one country executes work in another country. Most of these companies are from advanced countries and go to carry out work in newly industrialised countries and least developed countries. Through globalisation, many doors have been opened for international construction in developing countries. Developing countries require specialized contractors for new infrastructure and buildings which their domestic construction companies might be unable to handle or do not have enough experience in the construction of such buildings. There are various explanations why construction firms expand into international markets. Some of these reasons include inactive domestic markets, development of new markets, economical utilization of resources and the realization of new prospects brought by the global economy (Gunhan and Arditi 2005). In taking international construction into consideration, there is a need to understand the risks and threats it involves. International construction is much riskier than domestic construction. The different variables which affect the international environment are not part of the domestic markets and create risk for international construction that would never be encountered in domestic conditions (Gunhan and Arditi 2005). A critical review of international business failure was done by Gordon and Arnold (1988) and White (1990) cited in Han et al (2005 p. 284). Some reasons why international business fails were pointed out and they include the following: Failure to develop a business plan. Lack of commitment from top management in the early stages of the venture. Lack of attention to the development of strategic links in the international market place. Failure to recognize the demands of operating in a multi-cultural business environment. Failure to weigh foreign requirements with respect to their social, legal, political and governmental procedures. Construction companies therefore must set up strategies in order to compete in the international market. Gunhan and Arditi (2005) carried out a survey of executives in charge of international construction in the United States to determine the most important strengths a company must have in order fully expand their business into the international market. Track Record The past performance of any organisation hoping to diverge from the domestic market to the international market is necessary. A firm or an organisation with a good track record can easily enter the international market, due to their past experience in form of reference from all their previous works. An experienced firm has a ready solution or a cheaper solution to a technical problem since it might have come across a similar problem in the past and has found a solution for it. It has exhibited through previous performances that it has the organisational and technical experience to overcome technical challenges that may come up in the course of a construction project Quak, 1991 cited in Gunhan and Arditi (2005 p.275). Specialist Expertise For a company to succeed in the international arena there is a need for specialist expertise. This gives the company a higher advantage due to the fact they have knowledge in areas that few companies can compete with them. According to Quak, 1991 cited in Gunhan and Arditi, 2005 â€Å"specialists technologies enable smaller companies to carve a niche for themselves in the international market by competing for specialist subcontracts or as a desired consortium partner† The use of new technology would enable domestic companies find jobs in sectors where expertise in that technology is needed. Project management Capability International projects tend to be in complicated circumstances such as; multiple ownership, elaborate financial provisions and different political ideologies. These projects are more difficult to manage than domestic projects as the risk involves are often numerous and less predictable. Stallworthy and Kharbanda 1983, cited from Gunhan and Arditi, (2005 p.276) There is often the need for a project manager who can handle both the business and technical side of the project. This would give the project manager an advantage, because he will be able to solve problems in all areas of the project. Influence of Globalisation on Domestic Construction Companies in Developing Countries The concept of globalization was brought about by the need for free trade between developed and developing countries. The ideology behind this was setup by the World Trade Organisation (WTO), and this was formed from the 1986 Uruguay Agreement WTO, (2004) cited in Lewis (2007) which says that â€Å"the international trading system should be: without discrimination- a country should not discriminate between its trading partners (giving them equally ‘ most favoured-nation or MFN status); and it should not discriminate between its own and foreign products, services or nationals (giving them ‘nationals( giving them ‘national treatment); Freer- tariff and non-tariff barriers should be reduced (removed) through negotiation; Predictable foreign companies , investors and governments should be confident that trade barriers will not be raised arbitrary; market-opening commitments are ‘bound in the WTO; more competitive-‘ unfair practices such as export subsidies and dumping products at   below cost be discouraged; more beneficial for less developed countries-they should have more time to adjust, greater flexibility, and special privileges.† The purpose of this was to establish competitive markets for trade for all goods and services, including those acquired in the public sector. Globalisation has an effect on the following sectors of the domestic construction sector of the economy: Project Size The size of a project plays a major effect in selecting who the key contractors for that project are going to be. The larger the project size is, the more out of reach it is for consulting and contracting firms in developing countries. Large projects which could be broken down in to smaller projects are given as one, making it available to only large transnational companies that have the capability in terms of staff, equipments and labour to handle such projects. These projects could be broken down into smaller project such that it would be available for local firms as well as the large transnational companies. Market Access Market access, has to do with goods and services, this entails that the goods and services which are coming into any country must be treated in the same way regardless of where they are from. In the construction industry, this entitles all consultants and contractors who come from less developed countries or developing countries to have equal opportunities with large firms to the same projects in developed countries. This actually never happens. According to Lewis (2007), the large companies have higher advantage than the smaller ones; in terms of enormous physical, financial, technical and human resources that the small firms do not have the capability to have. The large firms also receive support from their home government in many areas which is not available to the smaller domestic companies from developing countries. Consequently, the local firms in developing countries tend to be doubtful about the opportunities globalisation holds for them in developed countries; this is due to the advantages the large firms have over them. Under Pricing The need for growth in developing countries has brought about an invasion of overseas contractors and consultants in to developing countries. This has a negative impact on the domestic construction companies. Lewis (2007) explains that these foreign contractors are keen to get into that region, that they may take strategic decisions to make a loss in the construction of that project just to make sure that they win the contract. The local firms do not have the available resources to compete with them on that basis and therefore loose the contract. Opportunities associated with International Construction for Domestic Companies in developing countries The emergence of the new global economy has brought about extraordinary opportunities for growth in developing countries. Hans et al (2005) explains that at national level, the amount of international construction plays a big role in the nations trade balance. They also balance the growth of their company to contribute to their security through increased global activities and so to reduce the effect of the cyclic nature of their work load. The different opportunities associated with international construction for domestic construction companies include: Increased long term profitability One of the main reasons for expanding from domestic to international construction is for the increase in the long term productivity of that company. The expansion of these companies takes place when their own domestic markets are not doing so well and there is a need to expand into other countries which offer profitable opportunities for the company. The economic state of affairs of the most important countries often affect the economic situations of many other nations and this effect actually takes a lot of time before it reaches these nations. Expanding into the international market therefore, is a good way to survive the setbacks in a country and increase the profitability of that company (Gunhan and Arditi 2005). Ability to maintain shareholders return The ability of the domestic company to maintain its shareholders return creates the need for the company to be involved in international construction. This could be very useful for the company, for instance in times of economic recession in a country there is another country in which profit is being made by that company (Gunhan and Arditi 2005). Ability to take advantage of globalization and openness of market Globalisation has given the domestic construction companies an advantage of having open markets which gives the companies a lot of benefits. This increases the competition for a project because now both domestic and foreign companies are allowed to bid for the project. Even though globalisation has increased the competition within the geographical borders of countries, it also allows access into markets which were previously inaccessible. There is a need for construction companies to recognise this change in the environment. Sillars and Kangari, 1997 cited in Gunhan and Arditi, (2005 p.279) Ability to take advantage of privatization programs in emerging economies In developing countries, the amount of capital needed to achieve the rate of market expansion needed and this is often dependent on the foreign investment available to sustain a privatization programme. Miller, 2000 cited in Gunhan and Arditi (2005). Privatization is being seen as a way of creating opportunities for construction companies to carry out projects in countries, this is for both local and foreign companies. Key areas a domestic construction company must focus on in globalization In this new era of globalisation and free market trade between nations, changes will have to be made in companies in order to keep up with the new way of doing things. The thinking process of these companies has to be changed in order to compete with other companies. The following areas need to be taking into consideration in order to be a highly successful global construction company: Organisation The organisational structure of accompany is important in achieving global excellence. There would be a need to set up a system in which work will be done faster and would meet the clients needs. Information technology systems According to Kini (2000), if there is no effective Information technology (IT) system in the company, they would only be global in their names. The information system of the company should have the capability to provide all the companys offices with real-time access to data should be designed with hard ware and software that go well together, and should use incorporated software which will provide the information to the managers when needed. This would enable accurate information to be gotten by the project manager at any time and allow fast access to the information when needed. Thinking globally There must be division of work among engineers so that the time frame of the work can be shortened and work will go on consecutively. There is a need for a variety of specialist for different areas of engineering in order to be able to review the impact of change on any area in the design. According to Kini (2000), when thinking globally, the followings things must be put into consideration to access some certain issue: Division of work: There is a need for the project manager to establish how the work is to be divided in terms of the customer requirement, the manpower and expertise needed. Subcontractors have to be selected before the design phase of the project for specialist needs of the project. Key suppliers: The key suppliers should be located within the area with low manufacturing costs and convenient transport connections. The relationship between the suppliers should be one of partnership for mutual benefit in the project. The construction plan:   The construction plan should be checked before the start of the design. The design schedule needs to be developed with reference to the construction sequence; this would be used as the source of coordinating the design at the various office locations and placing orders with suppliers. Worldwide suppliers There is a need for the use of worldwide suppliers in order to get the best price available. The utilization of the global market place would enable the company get lower rates for labour and raw materials. There would be need to ensure that theses suppliers meet the requirements of the company. The project manager would have a choice in the selection of the supplier to be used and the performance of this supplier can be monitored. Global construction The company must be familiar with local construction methods and materials used in that area. Due to the varying site conditions, the need might arise to import some materials. There is a need for the participation of the local engineering company in the project to advise the project team on the use of these local materials and also in the hiring of skilled craftsmen within the project. This is to ensure that the maximum satisfaction of the client is guaranteed when the project is completed. Quality The whole aim of going through the steps listed above is to ensure that the overall quality of the project meets the clients expectation. There is a need for all members of the project to be aware of the clients needs for the project, this would enable them know the kind of standards to be achieved in the project.   Conclusion Globalisation has brought about new opportunities for construction companies. Globalisation holds the greatest opportunity and risk for domestic construction companies. This is determined by the strategies implemented by the company in order to ensure that they are affected by the positive effects of globalisation. In the global economy, both the domestic and foreign companies have to face competition in other to be successful. There is a need for contractors to understand the risk associated with globalisation such as political, economical, cultural and legal project conditions; theses can affect the goals set by the firm when dealing with a strategic market. However, for those domestic companies who are willing to enter the international market, globalisation holds new prospects for them as long as they have identified most of the risks and put in place strategies on how these risks can be mitigated. Therefore globalisation must be embraced by both foreign and domestic companies so that they dont left behind. Bespoke Form of Contracts: A Scourge or Necessity? Bespoke Form of Contracts: A Scourge or Necessity? Chapter 1 Introduction Research Rationale The use of standard forms of contract, FIDIC Red book (Red Book Engineer/ employer designed Contractor executed) was introduced in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. Ever since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from lump sum to re-measurement contracts by many large organizations. Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the intended purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a tendency to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15) UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international land marks, having the common feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens (loans and repayment period) and to minimize the risk for escalation due to the construction boom in the region. Also in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall. The multinational construction interface between the parties and culture stipulated the importance of using standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the familiarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost. As mentioned above, one of such standard form of contract, FIDIC 1987 4th edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality general conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contract By the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other place in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and after the current economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong interpretation of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations clauses, leading to claims and disputes on fast track projects. The intended purpose of this dissertation is to identify The essential clauses needed to administer a contract The importance of making right interpretations while using contracts An overview of the bespoke versions of contracts Research Methodology A detailed analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses. Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses. A case study on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contract Proposed study chapters The intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different forms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction Contracts Construction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified into i. A simple exchange of correspondences; ii. A tailor made written agreement; iii. A standard form such as JCT,Fidic etc; iv. Standard terms and conditions of the business. Contract in broader term is defined or expressed as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding promises of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm) and the breach of contract is recognized by the common law and the remedies are available as well. On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in direct violation of state or federal laws of the country. There are several aspects related to valid contracts; in fact, an entire course in law school is often devoted to contract law (http://www.wisegeek.com/what-is-a-contract.htm). John Adriaanse (2007) quoting Lord Diplock who classified construction contract as â€Å" the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of variation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract†. He also stated that â€Å"a construction contract is best described as a complex web of competing interests†. At the same time Charles.S. Philip (1999) defining contracts as â€Å"binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and Contractors for construction / maintenance work done for compensation†. In another definition â€Å"we must understand that a construction contract is merely a set of criteria, or expectations, t hat bind the contracting parties† (Gilbreath, 1992) The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http://www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, makes sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do. Contracts may or may not be enforceable by law. The good example is; the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not. Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in return the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of finding of the car. Here, conditions precedent to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology â€Å"condition precedent† is used in contract law to establish a condition of promise in an agreement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract. In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a smooth administration during the construction period. According to Lord Lathams report 1994, â€Å"constructing the team†, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which specify many details that a construction contract should take care of. Chapter 2 The Importance of using Standard forms of Contract 2.1 Introduction The adversarial nature ([Cheung et al., 2006] and [Cheung and Yiu, 2007]) and inborn risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses ([Broome and Hayes, 1997], [Cutts, 2004] and [Styllis, 2005]) and legalese ([Cutts, 2004] and [Candlin et al., 2002]), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded that contractors need to be well versed in the interpretation and understanding of claus es stated in contracts. Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to prevent the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to promote teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be impossible. The importance of this chapter is to make a improved insight into the need for clarity of contract documents. Furthermore, it will assist contract drafters and experts review and clarify the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract. 2.2 The need for contract clarity The need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes ‘supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, the Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved. In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unless the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7: interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the c ontract by the contracting parties. Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery. 2.3. Understanding the importance of standard form Construction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as ([Thomas et al., 1994], [Semple et al., 1994], [Broome and Hayes, 1997] and [Mohamad and Zulkifli, 2006]). It is simply because of the reason that the parties could not achieve their contractual expectations (Harmon, 2003). Dubai Municipalitys be spoke forms of contract was followed and amended by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red Book 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form. 2.4 History of FIDIC and other Standard forms of Contracts used in UAE Industry The most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into reality by operations. This transaction process requires i.e. from the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract. In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time rela ted, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44) The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of Civil Engineers, GC/Works/1 for Government Contracts, ACA Project Partnering Contract- PPC 2000, FIDIC..etc. A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE. The Fà ©dà ©ration Internationale des Ingà ©nieurs-Conseils (â€Å"FIDIC†) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fà ©dà ©ration Internationale des Bà ¢timent et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract. One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best suited for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the â€Å"Yellow Book† (the traditional one is known as the â€Å"Red Book† it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more appropriate for the manufacture and installation of plant. The revised (second edition) was published in 1980. The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or â€Å"Old Red Book†)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the parties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE. A new form of contract was published (known as the â€Å"Orange Book†) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an â€Å"Employers Representative† who, while determining the value, costs or extensions of times need to: â€Å"determine the matter fairly, reasonably and in accordance with the Contract†. However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer; a fair interpretation is making the Engineer as an assistant to the Employer. The other differences between these two versions will be discussed in the following chapters of this dissertation. Chapter 3 3.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation work During the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents. i. The signed agreement ii. Tender iii. General and particular conditions of contract iv. Drawings v. Bills of Quantities vi. Specification vii. Schedules viii. Program There are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose. Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Hence this clause is essential while drafting an agreement or contract for the administration. Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial completion of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract; the contractor shall be required to finish the work only within a reasonable time(ref: John Uff..). Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalty as mentioned in the contract. Hence it is very essential to have a non-completion clause in agreements and contracts. Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915] AC 79, 86-87, where the House of Lords recognized the principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. â€Å" This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, [1978] 2 S.C.R. 916, 946, and does not allow for any recov ­ery of an amount exceeding the actual damage† (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement. Defects liability- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392). Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev