How to write an explanatory essay
Argumentative Essay Topics Criminal Justice
Wednesday, September 2, 2020
Stigmatization A Mental Health Clinical Case Analysis Nursing Essay
Belittling A Mental Health Clinical Case Analysis Nursing Essay During my emotional well-being clinical pivot at Karwan-e-hayat, I experienced a multi year old female patient with the finding of Obsessive urgent issue and melancholy in her rehabilitative stage. She gave Rs 50/ - to the nursing partner to bring nimco for her which cost Rs 25/ - . The nursing right hand came back with the nimco however didn't restored the rest Rs 25/ - to the patient by saying that no cash was left. At the point when the patient announced the episode to the medical attendant, the medical caretaker didn't give any consideration to the patient. First and foremost the medical caretaker said that she dont have the opportunity to discuss it followed by the announcements, for example, Unlike you, I have an excess of work to do and afterward when the patient went to another attendant, she disregarded the patient additionally by saying that The nursing colleague would not have been lying. Patients like you go back and forth from here consistently saying these sorts of thin gs. Proceed to accomplish your work. The patient disappeared unobtrusively looking down. Later she verbalized Nobody pays attention to us as we are intellectually sick patients. So we cannot do anything. Moreover she said Does being intellectually sick methods we are not people? Disgrace is a Greek word significance mark, and is gotten from the action word stizein to tattoo, to prick, to cut. Shame is normally a characteristic of disfavor or notoriety, which prompts activity: victimization the slandered individual (Arboleda-Flâ'orez Sartorius, 2008, P.69). disgrace happens when driving social gathering decreases the characteristics of a less persuasive gathering. Disgrace in human services is a typical substance for some gatherings of the network. One of which is mental patients. Individuals recognized as having psychological well-being issues are one of the most minimized gatherings in the public eye (Martin, 2009, p.6) The previously mentioned case is a case of such cases whereby an intellectually sick patient was slandered in the clinic settings by the medicinal services proficient. Numerous patients and overviews have featured this sheer reality that medicinal services experts themselves show deriding practices and practices (Hinshaw, 2007). Besides, they delineate dehumanizing conduct and brought down desire towards intellectually sick. For this situation, the social insurance proficient legitimately passed on vilifying remarks to the customer. As indicated by Hinshaw, (2007), the social insurance suppliers in some cases utilize visit remarks which are destructive jokes for the customers. They regularly utilize critical terms for the patients with each other within the sight of the patient, as if the patients were absent there. This conduct from the side of the social insurance supplier makes the patient uncertainty their own self, driving towards self-trashing (Hinshaw, 2007). This self-belittl ing thus makes the patients question their own confidence, bringing down their own mental self portrait (Hinshaw, 2007; Link, Struening, Todd, Asmussen, Phelan, 2001). One of the records introduced by Hinshaw in 2007 obviously expresses that a child has disguised the conviction that his grandma rebuffs him on account of his mischief as a youngster and self-censuring himself for the grown-up mental scenes which he was having. Along these lines, open disgrace makes the patients feel that there is a major issue with them and they dont have the right to exist in this world. Numerous intellectually sick individuals need to get settled in the general public yet can't do so on the grounds that the world trashes them, the human services experts criticize them and afterward they question their own validity winding up in self-slandering their own selves. As per previous U.S. specialist David satchers report on dysfunctional behavior of 1999, he unmistakably presumed that disgrace prompts low confidence, seclusion, and hopelessness㠢â⠬â ¦, it denies individuals of their pride and meddles with their full investment in the public arena. (Satcher, 1999) That plainly features the affected capacities of the person on the grounds of psychological sickness. As per the essayist, self-shame is unavoidable. This featured impact of self-shame is obviously clear for the situation introduced above by the activity of the patient herself, which she has looked down and moved away. This brought down confidence thusly brings out sadness in the customers (Link, Struening, Todd, Asmussen, Phelan, 2001). Like the customer in the given case situation says that no one pays attention to us. We cannot do anything. That obviously distinguishes the idea of misery that the patient has no expectations from life and has acknowledged clear thrashing on account of the disgrace related with psychological sickness. The following inquiry is the means by which does shame influences the recovery of the intellectually sick patients. How can it influence the adapting abilities of the intellectually sick patients? What are the methods for dealing with stress of the intellectually sick patients which they use in disgrace? What are the ways of dealing with stress of the patients with mental issues who are very much aware of the truth and comprehend this idea of disgrace, instead of the psychosis patients. As per writing, numerous multiple times, the shame presented is because of a considerable lot of the peculiar side effects brought about by psychosis and the patients with depressions likewise need to accept it as they all fall under the class of dysfunctional behavior for the laymen paying little mind to psychosis and despondency (Hinshaw, 2007). As indicated by the moral rule E of the American mental affiliation, the patients have the privilege of poise and regard paying little heed to any distincti ons; that suggests to both psychosis and hypochondria (Lowman, 2005). The insane patient as referenced before is away from the truth content yet they definitely comprehend that they are being dealt with wrongly. (Levine, 2009) They can't think judiciously however doubtlessly they are individuals and are seeing what is new with them. Numerous multiple times we witness that they cry over little things which are turning out badly with them. They are seeing the conduct of the medicinal services supplier however can't interrelate it to their past experience. Notwithstanding the psychosis, it isn't right to treat them any awful so how awful would it be able to be for the mental issues customer whose reality content is unblemished and who can excuse everything that is going on with them and who can interrelate these perspectives with their past and afterward can feel the disgrace (Hinshaw, 2007). The patient in the previously mentioned case situation would be compelled to think if somethin g isn't right with her subsequent in sentiments of disgrace and blame. This blame thus takes the patient in the circumstance of self-belittling which leads on to misery which plainly influences the method for dealing with stress of the person since if the individual would be sad towards his disease, the reconstitution would be deferred (Hinshaw, 2007). Derision influences the individual reaction of the patient which is an essential piece of procedure of adapting. The individual reactions are individualized and can change after some time. Numerous multiple times, the system which patients use to stay away from shame and to safeguard their confidence is mystery, which protects their confidence yet confines the person from social help (Satcher, 1999; Hinshaw, 2007). shame has a significant part in deciding general wellbeing results by uncovering defamed people to wellbeing unsafe conditions, by totaling pressure, declining adapting, and by putting a barrior to accepting human services (Link Phelan, 2006). As indicated by Corrigan and Watson (2002) as refered to in hinsaw, 2007 there are numerous new reasons rising to legitimize the purpose behind certain people to react with outrage though some to nerely disregard the disgrace and proceed onward with their lives while some disguise the contrary message while harming their mental self view. In the event that shame related danger is accepted to be of more prominent extent than ones adapting reactions, a few sorts of intentional and automatic responses can come to fruition, as brought down confidence, decreased accomplishment, and bargained physical wellbeing. (Hinshaw, 2007) A few inquiries emerge Looking upon the conduct of the human services proficient, for example, is the mentality of the medical attendant legitimate? Would she have had the equivalent slandered responsein the instance of another pfysically sick patient? On the off chance that she would have, at that point she isn't following the moral guideline E of the American mental relationship of regard of people groups right and poise. This rule obviously expresses that the paying little heed to the consciousness of the inability, the social insurance supplier needs to keep up the regard of the patient. For the infringement of this moral guideline, who is capable? The attendant or the general public to see all the intellectually sick patients on a solitary frequency and disparage them. Who is responsible for it? The medical caretaker or the emergency clinic settings or either the general public to be responsible for such disparagement? Would a similar conduct have occurred in the western setting s? In the event that the patient would have sued the in the court, whose announcements would be increasingly esteemed and tuned in to the attendants or the intellectually sick customers who is savaged and trashed in the network by the names of unreasonable and unfathomable. Numerous records of the discouraged patients express the way that they are not been paid attention to while giving a few articulations in light of the shame related though if some other individual of obsessive interminable condition gives a similar explanation, it is paid attention to (Shaw, 1998). In the settings of the previously mentioned case situation, would anybody have had tuned in to her that her privileges are being damaged or would this all be given the name of psychological maladjustment and relinquished? One progressively side of derision comes when we bother typical individuals by the names of the demonized individuals to humiliate them. In regular day to day existence, language designs demonstrates an uneasiness with mental turmoil over all age bunches with a large group of terms identified with dysfunctional behavior used to substitute and mortify the individuals who damage normal practices. They are related with intellectually sick and words like psycho and wacho are utilized to look at
Saturday, August 22, 2020
Sample Personal Statement Free Essays
Test Personal Statement for Architecture People once asked me: ââ¬Å"Why did you pick design? â⬠I couldnââ¬â¢t offer a basic response for that. Perhaps it was on the grounds that I like canvas and development since adolescence. I additionally genuinely long to make excellent things all alone and engineering can fulfill my creative mind in space, materials, and shading. We will compose a custom exposition test on Test Personal Statement or then again any comparative theme just for you Request Now My conceived enthusiasm for this division is likewise a direct result of my folks, who are both basic architect and electrical designer, affecting me slowly and unknowingly since I was a child and giving me perceptual information in the field. After my five-year concentrate in the Department of Architecture, and one-year work involvement with structural plan, I pose myself this equivalent inquiry. The outcome is that beside the elements referenced above, what truly causes me to pick engineering is its inherent intrigue, which is much the same as the adage composed inside the structure of the Department of Architecture: ââ¬Å"Architecture is the blend of workmanship and innovation. â⬠Perhaps when an individual is occupied with what his distinct fascination blooms, he will never feel tired, rather he would feel persuaded and have an enhancing experience. Five yearsââ¬â¢ scholarly investigation in the School of Architecture and Arts of University of XX changed my intuitive fervor and creative mind about design into methodical information and exhaustive comprehension. This change, as a matter of first importance, lies in my aptitudes in the expressive arts. Contrasting from my past insignificant enthusiasm for expressive arts, the investigation of design makes me start to consider on the most proficient method to draw utilizing stylish components from expressive arts, for example, shading, lighting and organization to apply to engineering. I was so committed to such conceptualizing and creative mind that I would consistently work nonstop in the studio for a considerable length of time. Furthermore, the investigation of fundamental compositional courses, for example, design structure, mechanics and materials science, causes me to understand that engineering gives significance on feel, yet additionally on the more basic usefulness and common sense. In that procedure, I understood that engineering isn't just a workmanship, yet in addition all the more significantly a kind of innovation. Five years of school study gives me a more profound perception of design, that is, engineering is likewise part of different societies â⬠it is dependent upon other culturesââ¬â¢ impact, and simultaneously it impacts different societies. As a result of my youth building foundation, combined with my enduring unmistakable fascination for engineering, I increased fantastic accomplishments in the significant courses of my school study, positioned top three in the class, and furthermore got first prize grants and numerous different grants for five back to back years. Furthermore, attributable to my comprehension of design, I am not happy with unimportant course reading information. I accept design isn't just an expertise yet additionally, more significantly, a blend of inventiveness and creative mind. A phenomenal engineering fashioner needs strong design abilities and information, yet additionally needs sustenance from expressive arts, materials science, building and culture. For that reason, I read widely, comprehended the building history of various nations â⬠particularly European structural history, gained from works of current and contemporary engineering artful culminations, and picked up bits of knowledge on their plan originations that are brimming with innovativeness and implication. The information I have picked up from these endeavors uplifts my inclinations and my craving for creation. Instructions to refer to Sample Personal Statement, Essay models
Friday, August 21, 2020
American literature This I believe Essay Example | Topics and Well Written Essays - 250 words
American writing This I accept - Essay Example On the off chance that you have not perused, remembered, and kept on the most fundamental level that immense and important blessing by our incredible precursors, you would be wise to do. Something else, your responsibility to the reason for equity, the reason for fairness might be really question. One can't have an answer why you have not perused the American revelation of freedom. No reason can be gotten notification from the anybodyââ¬â¢s mouth why they have not perused their revelation of freedom. I put stock in its substance, expectations, and indicates. With respect to my case, I will up to the word, phrases, and the importance planned by our incredible precursors. What else would we be able to request? (American Declaration of Independence, para.2). The revelation instructs us and what not to. Our affirmation of autonomy should be pronounced a miracle of the world. It should be an authoritative report with a power of law. It ought to be the grundnorm against which we measure our practices. Have we sought after to the fullest our entitlement to be glad? Are American individuals glad, as we as a whole merit? Do we trust the facts demonstrate that satisfaction is a reality that is plainly obvious? Do we accept that our entitlement to right to life and freedom and joy are basic? Do we figure we should show others how its done and taint all the countries of the world with our firm accept that we should be cheerful? On the off chance that we completely comprehend, our assertion of freedom do we treat different countries as they merit. Regardless of whether the non-derogable are rights to life, opportunity, and quest for bliss constrained to Americans as it were? The American individuals, we should not to decipher the words scholarly. They should be given the amplest conceivable translation. In our quest for the privilege to life and quest for satisfaction, we should preserve the world condition. We ought not be partakers in the complicity of debasing the world condition. We should show others how its done and have different peopleââ¬â¢s satisfaction in having a clean and
Friday, May 29, 2020
Sweat by Hurston Essay - 1375 Words
Sweat by Hurston (Essay Sample) Content: Student Name:Course:Lecturer Name:Date of Submission:Sweat by HurstonThe story of sweat as written by Hurston starts by introducing the reader to the aspect of protagonist. As Delia is seen sorting out her clothes at her home in Florida. The clothing with sweat is used symbolic. The aspect that the main character in the story is the washerwoman called Delia. The author tries to demonstrate the womanà ¢Ã¢â ¬s history of hard times and challenges. For an instance Delia shows a habit of working up-to late hours especially on Sunday night so that she can begin her week earlier, and it happens after she has come out of church (Eagle 100). She is seen singing a song that have a mournful key and she tend to wonder about where her husband by the name Sykes since the horse and the working equipments are around. The aspect of women hard labor existed especially on the African-American women that were offering domestic labor by then in South America.During that period women w ere never respected by their husbands. The authors narrates that as Delia tries to think deep about the whereabouts of her husband, she all over a sudden feels the sound of a snake falling, the incidence makes her to scream loud but to her disbelieve after looking around she finds out that ità ¢Ã¢â ¬s her husband standing in front of her holding bullwhip used to ride the horses (Hurson 230). Such incidence creates an imagine to the reader that is striking but, the reader is supposed to create a different opinion in that the imagine created is not coincidental but the husband is trying to impose an oppressive figure. A habit that indicates the husband does not respect her man. The snake is used to illustrate a symbol of evil. It is seen that Delia is so scared of the snake but the husband does not even care about what the wife is feelingThe circumstance the husband has created makes the wife to become angry. She develops such moods after realizing the husband has intentionally mad e the whip to look like a snake, and the wife scolds the husband in exchange to her behaviors. The husband is seen to be less concerned about what the wife is going through in-terms of her feelings, he even gets to an extent of yelling at her because she has put on whiteà ¢Ã¢â ¬s peoples clothes in their house. Previously he had told her about how he dislikes that habit. The wife is seen trying to ignore him but he makes the situation interesting by kicking the neat pile, the wife has made. The husband is so determined to fight the wife by provoking her with bitter words. But it reaches an extent the wife becomes sick and tired of the husbandà ¢Ã¢â ¬s behavior, so she starts to screams mentioning how determined she has been all through. The situation becomes more violent when she picks up a iron skillet on the stove as she wants to strike him. He is seen being reflecting what has just been happening since he is the one who has stirred up her anger. As the author mentions, her action of picking an iron frightens the husband, and he does not strike her unlike the previous episodes. From the above scenario, it is indicative that, he is also physically abusive when it comes to her wife, but she become rebellious a move that supervised him (Mario 69).The other encounter that comes up is that, Sykes is seen living her wife alone to deal with her unhappy moments and marriage alone. He goes ahead to annoy his wife by sleeping with other women. For an instance, he is seen sleeping with Bertha. He spends all the cash he has earned through much struggle, and he buys for Bertha some precious gifts so as to keep her happy but on the contrary the wife is unhappy. He presents gifts like flowers, and fruits. The fruits and flowers are used in the story to indicate womanhood. Sykes waits until when the wife is still asleep in the morning and stills covers. All the above mentioned circumstances they are signs to indicate that the household is full of problems. The wife i s seen to perceiver her husbandà ¢Ã¢â ¬s abusive character, and she is optimistic that one day he will change. She tries to comfort herself by assuming that one day she will be relieved from the hard time the husband is posing to her. She believes that one day the husband will be paid back.The previous scene is brought to an end, and the readers start to notice that time has gone. Delia is seen coming out of her house to go to wash her clothes. She tries to separate white and black clothes. The white stand for something clean while the black stands for something dark or something bad. Delia wants everything to be clean but on the contrary, Sykes doesnà ¢Ã¢â ¬t care. She finds herself being paid for her efforts with her sweat and blood. As she is going to wash the clothes, she comes across men sited. The men start to comment about the beauty of Delia, and their conversation changes the tone of the story. The try to reflect back about how Delia used to be, they are comparing he r past life with her present moments. They are saying that, she used to be so pretty and admirable, but now she is not looking good. They are also trying to compare Delia behavior with that of Bertha, and they start to lament her. The people of the whole town are seen to be offended with the Sykes behaviors; they are so fed up only that there is nothing they can do to change the situation (Robert 50). On her way back home from washing the clothes, Delia comes into face to face with Sykes in front Bertha. Sykes is telling Bertha that he will buy her some new clothes, and whatever else she would want from him. He does that so as to annoy Delia and please himself.After some few moments, it is noticed that Bertha has been staying in town for the past three months. The author mentions that Delia and Sykes are over fighting day and night without even giving each other a break. They spend most of the time being silence. When they are eating or even eating they donà ¢Ã¢â ¬t dare to excha nge any word. Delia tries to develop some friendship with her husband but the h... Sweat by Hurston Essay - 1375 Words Sweat by Hurston (Essay Sample) Content: Student Name:Course:Lecturer Name:Date of Submission:Sweat by HurstonThe story of sweat as written by Hurston starts by introducing the reader to the aspect of protagonist. As Delia is seen sorting out her clothes at her home in Florida. The clothing with sweat is used symbolic. The aspect that the main character in the story is the washerwoman called Delia. The author tries to demonstrate the womanà ¢Ã¢â ¬s history of hard times and challenges. For an instance Delia shows a habit of working up-to late hours especially on Sunday night so that she can begin her week earlier, and it happens after she has come out of church (Eagle 100). She is seen singing a song that have a mournful key and she tend to wonder about where her husband by the name Sykes since the horse and the working equipments are around. The aspect of women hard labor existed especially on the African-American women that were offering domestic labor by then in South America.During that period women w ere never respected by their husbands. The authors narrates that as Delia tries to think deep about the whereabouts of her husband, she all over a sudden feels the sound of a snake falling, the incidence makes her to scream loud but to her disbelieve after looking around she finds out that ità ¢Ã¢â ¬s her husband standing in front of her holding bullwhip used to ride the horses (Hurson 230). Such incidence creates an imagine to the reader that is striking but, the reader is supposed to create a different opinion in that the imagine created is not coincidental but the husband is trying to impose an oppressive figure. A habit that indicates the husband does not respect her man. The snake is used to illustrate a symbol of evil. It is seen that Delia is so scared of the snake but the husband does not even care about what the wife is feelingThe circumstance the husband has created makes the wife to become angry. She develops such moods after realizing the husband has intentionally mad e the whip to look like a snake, and the wife scolds the husband in exchange to her behaviors. The husband is seen to be less concerned about what the wife is going through in-terms of her feelings, he even gets to an extent of yelling at her because she has put on whiteà ¢Ã¢â ¬s peoples clothes in their house. Previously he had told her about how he dislikes that habit. The wife is seen trying to ignore him but he makes the situation interesting by kicking the neat pile, the wife has made. The husband is so determined to fight the wife by provoking her with bitter words. But it reaches an extent the wife becomes sick and tired of the husbandà ¢Ã¢â ¬s behavior, so she starts to screams mentioning how determined she has been all through. The situation becomes more violent when she picks up a iron skillet on the stove as she wants to strike him. He is seen being reflecting what has just been happening since he is the one who has stirred up her anger. As the author mentions, her action of picking an iron frightens the husband, and he does not strike her unlike the previous episodes. From the above scenario, it is indicative that, he is also physically abusive when it comes to her wife, but she become rebellious a move that supervised him (Mario 69).The other encounter that comes up is that, Sykes is seen living her wife alone to deal with her unhappy moments and marriage alone. He goes ahead to annoy his wife by sleeping with other women. For an instance, he is seen sleeping with Bertha. He spends all the cash he has earned through much struggle, and he buys for Bertha some precious gifts so as to keep her happy but on the contrary the wife is unhappy. He presents gifts like flowers, and fruits. The fruits and flowers are used in the story to indicate womanhood. Sykes waits until when the wife is still asleep in the morning and stills covers. All the above mentioned circumstances they are signs to indicate that the household is full of problems. The wife i s seen to perceiver her husbandà ¢Ã¢â ¬s abusive character, and she is optimistic that one day he will change. She tries to comfort herself by assuming that one day she will be relieved from the hard time the husband is posing to her. She believes that one day the husband will be paid back.The previous scene is brought to an end, and the readers start to notice that time has gone. Delia is seen coming out of her house to go to wash her clothes. She tries to separate white and black clothes. The white stand for something clean while the black stands for something dark or something bad. Delia wants everything to be clean but on the contrary, Sykes doesnà ¢Ã¢â ¬t care. She finds herself being paid for her efforts with her sweat and blood. As she is going to wash the clothes, she comes across men sited. The men start to comment about the beauty of Delia, and their conversation changes the tone of the story. The try to reflect back about how Delia used to be, they are comparing he r past life with her present moments. They are saying that, she used to be so pretty and admirable, but now she is not looking good. They are also trying to compare Delia behavior with that of Bertha, and they start to lament her. The people of the whole town are seen to be offended with the Sykes behaviors; they are so fed up only that there is nothing they can do to change the situation (Robert 50). On her way back home from washing the clothes, Delia comes into face to face with Sykes in front Bertha. Sykes is telling Bertha that he will buy her some new clothes, and whatever else she would want from him. He does that so as to annoy Delia and please himself.After some few moments, it is noticed that Bertha has been staying in town for the past three months. The author mentions that Delia and Sykes are over fighting day and night without even giving each other a break. They spend most of the time being silence. When they are eating or even eating they donà ¢Ã¢â ¬t dare to excha nge any word. Delia tries to develop some friendship with her husband but the h...
Saturday, May 16, 2020
Impression Management Of A Networked Setting Reading Pop...
Boyd, Danah. ââ¬Å"Impression Management in a Networked Settingâ⬠Reading pop culture, 2nd Ed Edited by Jeff Osbourne. Bedford / St. Martins, 2016, PP, 122-127 In ââ¬Å"Impression Management in a Networked Settingâ⬠, the reading focuses on how people and mainly adolescents project a type of fade on social media sites. The author states how many young people today are sad, but when on Facebook only take happy looking selfies and hide their true feelings, so they can get more likes from friends. And even how your social media profile page can make a good, or bad impression for a future employer; forcing teens to be more warry about what pictures, videos and reshares that are on their profile page. In the book, it goes into the scenario that teenagersâ⬠¦show more contentâ⬠¦However, when the teens were shown a post of their friends, or people they know with drugs and alcohol; there was no effect to their pleasure center of the brain. Meaning that teens will most likely like / share photos of drugs and alcohol that their friend reshare without a second thought. The reporter in this article got her information from top scientist fro m UCLA Brain Mapping Center. In ââ¬Å"Teens: This is How Social Affects Your Brainâ⬠, the researchers never tested adults only adolescent, to see the effect of social media on their brain. This article makes fine research material for a more scientific description of the teen brain, when using social media. Freitas, Donna. ââ¬Å"The Happiness Effect: How Social Media is Driving a Generation to Appear Perfect at Any Costâ⬠. Oxford University Press, 2016. Ebook. In the EBook ââ¬Å"The Happiness Effect: How Social Media is Driving a Generation to Appear Perfect at Any Costâ⬠, the author, Donna Freitas, has a PhD is sociology and has conducted years of research on the topic of social media effecting teens. Donna focuses on how Social media has become the dominant force in young people s lives, and each day seems to bring another shocking tale of private pictures getting into the wrong hands, or a lament that young people feel compelled to share every thought with the entire globe. Pulling from countless survey and interviews with students on thirteen college campuses,
Wednesday, May 6, 2020
Corporate Social Responsibility On Firms Financial...
In this article, we will be looking at the effect Corporate Social Responsibility on firmââ¬â¢s financial performance. I will introduce a few examples of some practices that could be implemented towards CSR actions plans that will benefit financial production. I will also include examples of some well known companies that have implemented some of the practices mentioned and what these changes did for the company. When a company or firm makes an investment in Corporate Social Responsibility practices, it should also be looked at as an investment in company reputation. Normally when investors are looking for potential clients, they look at a companyââ¬â¢s reputation. Employees also look towards companiesââ¬â¢ reputations, meaning companies with betterâ⬠¦show more contentâ⬠¦These types of practices can prove very effective in lowering costs and increasing efficiency within the company. CSR practices also make firms look more attractive to stakeholders by creating less of a risk factor. Organizations engaged in CSR practices signal that they are committed and willing to meet stakeholder demands and communicate better throughout their company including investors, shareholders, employees and customers. CSR can also be a driver of innovation. Operational changes that come due to CSR can lead to growth opportunities through new product development and cost savings from production efficiencies. Increasing environmental performance through CSR affects companiesââ¬â¢ bottom-line measures by strengthening and improving environmental practices. For example, waste management and reducing pollution. A company can better financial performance through increased revenues and lower costs. Ever since the beginning of industry, companies for the most part have involved themselves in corporate social responsibility. Lately the practice of CSR has grown quite a bit, although there are still concerns about corporationsââ¬â¢ roles in social responsibilities. Currently the majority of fortune 1000 companies implements CSR reports and are trying to define and integrate CSR into all parts of their organization. CSR has become increasingly important for large companies and firms, but many debate that the responsibilities of CSR fall on the government and should not be
Tuesday, May 5, 2020
Enforceable Business Agreement Contract Law
Question: Describe the Enforceable Business Agreement for Contract Law. Answer: 1 Under all the three cases mentioned below, the analysis is to find out if there is an enforceable agreement from Jack and Jane and if there is consideration involved as per the rules of the Contract Law. The analysis is done based on the definition of the Contract act and its fundamental essence a ) Jane is going overseas and she offers to give her Lotus Super 7 sports car to Jack. The market value for this type of vehicle in good condition is around $25 000. Jack accepts The key elements of a legally enforceable contract is that A )There must be an offer B ) The other party has to accept the offer C ) The acceptance has to be on the back of a consideration D ) There must be an intention to fulfill a mutual obligation wherein the offerer offers and the offeree discharges a valid consideration E ) Both the parties must be competent and capable of entering into a contract. F ) In some cases, there has to be written instrument. In the instant case, Jane has made an offer to give the car when she is going overseas. Jack has accepted the obligation to keep the car. Since the car is not sold to Jack for a valid consideration, there is no mutuality of obligation as mentioned in point D above. Though the market value of the car is $ 25,000 there is no consideration exchanged. Hence this is not an enforceable contract and no consideration. It is only a request to keep the car which Jack has accepted to discharge. b ) Jane offers to sell Jack her Lotus Super 7 sports car for $ 25 000. The market value for this type of vehicle in good condition is around $ 25 000. Jack accepts In this case, unlike case b above, Jane is selling the car and Jack has accepted the offer of Jane by accepting to buy the car. Hence there is mutuality of obligation as per Point D above. The discharge of obligation is also on a valid consideration amount. Hence all the points mentioned above are satisfied in this case There is an offer Which Jane has made to Jack There is an acceptance of the offer Jack has accepted the offer Consideration There is a consideration to fulfill the contract There is a mutual obligation Jane is obliged to deliver the car and Jack is obliged to discharge the consideration. Competency and capability Both parties are competent and capable to enter into a contract Written instrument There is no strict stipulation that contracts have to be written. Even an oral contract like this one is enforceable c ) Jane offers to sell Jack her Lotus Super 7 sports car for $2500. The market value for this type of vehicle in good condition is around $25 000. Jack accepts. In this case, all the conditions mentioned in answer b above are fulfilled. Hence this is a valid enforceable contract. In the absence of other information, the magnitude of the amount compared to the market value of the car is not a valid criterion to assess to check the enforceability of the contract. Hence the amount of $ 2500 to sell the car when the market price is $ 25000 is not to be considered when assessing the validity of the contract and its enforceability. The value for a contract is be assessed objectively and in case the purchaser and the seller have agreed to the consideration, law has no locus standi to question the adequacy of the same 2. A shipbuilder had contracted to build a tanker for North Ocean Tankers. The contract was in US dollars and didnt contain any provisions for currency fluctuations. Approximately halfway through construction of the ship, the United States devalued its currency by 10 per cent. As the shipbuilder stood to make a loss on the contract, it demanded that an extra US $ 3 million be paid or it would stop work. The buyer reluctantly agreed under protest to pay, as he already had a charter for the tanker and it was essential that it be delivered on time. The buyer didnt commence action to recover the excess payment until some nine months after delivery. Will the buyer succeed in recovering the excess? 2 - Under the contract law, duress or coercion occurs whereby a person is forced to perform a certain act which he does not want to do but agrees to do it purely out of force, threat, violence or other forms of pressure not in the normal course of functioning. Thus duress is a pressure which is exerted upon a person to perform or not perform an act contra distinct from that of behavior of a normal person with all degrees of freedom to act. Thus duress curbs the degrees of freedom of a defendant in extraordinary circumstances In terms of contract law, duress refers to a situation where one of the parties got elevated into an advantageous position due to any circumstance and abused the position by subjecting the other party to a threat. Black Law Dictionary defines duress that it is a threat of harm made to force the other party to do something against his or her will which results in ascendance of the threatening party in comparison to the threatened party and force action without real volition. Under contract law, there are two types of duress namely a) Physical Duress b) Economic Duress. In the instant case, where the ship builder has demanded extra compensation, it is a clear case of Economic Duress. For Economic Duress to occur, there has to be illegal economic pressure on the other party to conduct his affairs in an extraordinary fashion. The pre requisites are There is an improper threat There is no alternative of the disadvantaged party but to accept the other party conditions The threat changes the color of the contract which was originally made and defeats or alters the original intention of the contract There is an objective financial distress being caused to the other party If these above conditions are satisfied then the contract can be made voidable by the sufferer (HubPages, 2016) In the instant case, there is a shipbuilder who has entered into a contract with North Ocean Tankers to build a tanker at a certain price in US dollars. The contract has not envisaged any provision for financial loss due to currency fluctuations. However, after the first installment, US devalued their currency by 10 % and the ship builder demanded compensation of USD 3 million as compensation for the financial loss with the threat that delivery will not be adhered to if the owner does not make good the loss. Thus the shipbuilder put an improper threat ultra vires to the terms of the agreed contract and the contract could be made voidable by North Ocean Tankers. However, North Ocean tankers decided to pay the compensation under the fear that they may lose the charter for the tanker if the tanker was not delivered on time. In the case of North Ocean Shipping versus Hyundai which is a similar case, North Ocean had agreed to pay the compensation since they wished to maintain amicable rel ationship and without prejudice to their rights. (E-lawresources.co.uk, 2016) The judgment was that amicable relationship is not good consideration. One of the pre a condition of a contract is that there has to a consideration and has to be measurable. Amicable relationship is not an objective measurable consideration and hence it is not good consideration . But the act was performed under Economic Duress as defined above where there was an improper threat from the ship builder to cancel the delivery, North Ocean was disadvantaged and ship builder went into an ascendant position because of the economic duress caused, the color of the contract and the financial conditions were materially changed and the objective financial distress of USD 3 mn was measurable. Hence the contract was voidable at the option of North Ocean. But they chose to keep it alive without any alteration. They could have entered into a fresh contract with the ship builder by rescinding the original contract if they wanted to continue with the construction of the ship with the same ship buil der. They chose to remain silent and pay the USD 3 mn as compensation to maintain amicable relation. Amicable relation is not a valid obligation for a contract. (Netk.net.au, 2016) At the same time, they delayed in bringing the case to the court by nine months after delivery of the vessel. The obligation of North Ocean in this case is two pronged which has not been discharged Rescind the contract and demand compensation from the ship builder as per the terms of the original contract in addition to business loss OR Ratify the original contract by entering into a new contract with revised financial terms OR In case of dispute, register a case against the ship builder for creating Economic Duress in the instant moment (Academia.edu, 2016) North Ocean on the other hand did not take any of the steps mentioned above and chose to remain silent until 9 months of delivery. Hence though the case is a fit case of Economic Duress and the contract is voidable, excess is not recoverable from the ship builder. North Ocean by their choice of inaction had affirmed the original contract and had lost all right of rescinding the same. The contract was voidable due to the duress, which in the absence of timely action under any of the three methods stated above, they had lapsed their right to rescind and claim compensation. (Australiancontractlaw.com, 2016) In the North Ocean versus Hyundai case which is a similar case, there were some additional points which were facts of the case. The additional compensation of USD 3 mn was backed by a reverse letter of credit given by the builder to the owner. At the same time, North Ocean had agreed to the compensation without prejudice to their rights(Quizlet.com, 2016) Considering this fact, the additional letter of credit for USD 3 mn given by the builder was considered to be adequate consideration for the agreement to pay 10 % more than the contract value as compensation for undertaking the additional obligation and had held themselves liable to the increased loss. Thus when a threat to a contract had led to an additional contract, such contract made on adequate consideration was under economic duress and hence was voidable. But given that no action was taken by North Ocean indirectly affirms the contract in the absence of the explicit statement that it is not their intention to affirm the contract to the builder. Thus the owner was not entitled to the claim of 10 % to be returned. In this judgment, the dictat of Smith versus Charlick Ltd ( 1924 ) 34 CLR and Skeate versus Beale ( 1840 ) 11 Ad El 984 was considered. References Academia.edu. (2016).Duress : the doctrine of Economic Duress | Surya Kiran - Academia.edu. [online] Available at: https://www.academia.edu/8117588/Duress_the_doctrine_of_Economic_Duress [Accessed 20 Aug. 2016]. Australiancontractlaw.com. (2016).Australian Contract Law | Julie Clarke. [online] Available at: https://www.australiancontractlaw.com/ [Accessed 20 Aug. 2016]. Australiancontractlaw.com. (2016).Australian Contract Law | Julie Clarke. [online] Available at: https://www.australiancontractlaw.com/law.html [Accessed 20 Aug. 2016]. E-lawresources.co.uk. (2016).North Ocean Shipping v Hyundai Construction (The Atlantic Baron). [online] Available at: https://www.e-lawresources.co.uk/North-Ocean-Shipping-v-Hyundai-Construction-(The-Atlantic-Baron).php [Accessed 20 Aug. 2016]. HubPages. (2016).Duress and Undue Influence - Descriptions Cases. [online] Available at: https://hubpages.com/education/Duress [Accessed 20 Aug. 2016]. Netk.net.au. (2016).Contract Law lecture: "Consideration" in Acceptance of Contract. [online] Available at: https://netk.net.au/Contract/04Consideration.asp [Accessed 20 Aug. 2016]. Quizlet.com. (2016).Cases Week 8 Flashcards | Quizlet. [online] Available at: https://quizlet.com/23236182/cases-week-8-flash-cards/ [Accessed 20 Aug. 2016].
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