Friday, November 15, 2019
Features of a CIF contract
Features of a CIF contract The central feature of a CIF contract is that it is a shipment contract. This fact explains virtually every contractual and legal feature of the contract. Even if the CIF contract was the only standard form of shipping contract, which it is not, it would be very difficult to agree with the above statement; the contractual and legal features of this contract are explained by its title rather than its industry application. The acronym C.I.F. stands for cost, insurance, freight and represents those features which are included in the cost-price of the goods to be purchased[1]. ââ¬ËCostââ¬â¢ simply pertains to the actual cost of the goods being purchased, ââ¬Ëinsuranceââ¬â¢ quite literally means that the goods will be protected by an insurance policy during their transit and ââ¬Ëfreightââ¬â¢ refers to the cost of shipping the goods by carrier to the final delivery point. The best way to explain and understand the contractual and legal features of the C.I.F. contract is by way of an example. Consider the following: A. Ltd. [based in Ireland] offers to sell to B. Ltd. [based in England] 10,000 Kilograms of King Edward potatoes [A-grade quality] for à £2000 C.I.F. Liverpool. B Ltd. accepts the offer in writing. A legally binding contract has thus been formed. Let us now examine every stage of the execution of this contract, with particular focus of the respective contractual duties of A. Ltd., the seller, and B. Ltd. the buyer. Clearly, the first duty of A. Ltd is to appropriate 10,000 Kilos of A-grade quality King Edward potatoes. It may be that A. Ltd. already has this quantity of potatoes stocked in one of its warehouses in Ireland. Alternatively, A. Ltd. may know of a carrier which is on its way to Liverpool carrying this quantity of potatoes on board, in which case, A. Ltd. might choose to purchase them from their current owner while they are afloat. Alternatively, A. Ltd. may have already dispatched a shipment of potatoes to Liverpool, in which case, it may simply choose to assign the appropriate quantity of potatoes to meet B. Ltd.ââ¬â¢s order. In light of the fact that the contract stipulates both the quantity, namely 10,000 kilos, and the quality, namely A-grade quality King Edward variety potatoes, the seller is under a duty to ensure not only that the goods dispatched/purchased/assigned meet this description, but also that they will continue to meet this description on delivery; in the case of Mash Murrell Ltd. v. Joseph I. Emanuel Ltd. [1961][2] it was held that there is an implied term in all C.I.F. shipping contracts that, at the ââ¬Ëtime of shipmentââ¬â¢, the goods are of a sufficient quality to survive normal transit. A. Ltd., having appropriated the 10,000 kilos of potatoes, must then arrange for these potatoes to be shipped to Liverpool, the destination stipulated in the contract, and it is A. Ltd.ââ¬â¢s duty to pay for the cost of this shipment, i.e. the freight. In return for this shipment fee, the carrier must provide to A. Ltd. a valid[3] Bill of Lading. A Bill of Lading is a document which contains the terms of the contract of carriage, as well as a statement that the goods have actually been shipped[4]. Essentially this document serves at the title of ownership, i.e. whoever possesses this document is entitled to take possession of the goods. In the case of Hansson v. Hamel Horley [1922] A.C. 36, the House of Lords held that once the seller has transferred the Bill of Lading to the buyer, conferred on they buyer are two distinct rights; ââ¬Å"(a) a right to receive the goods[5], and (b) a right against the shipowner, who carries the goods, should the goods be damaged or not delivered. â⬠¦ Regarding the former right, it therefore follows that this document be freely transferable [Soproma SpA v Marine Animal By-Products Corp. [1966] 1 Lloyds Rep. 367]. Regarding the latter right, it therefore follows that the Bill of Lading, when pr ocured by the seller, in our example A. Ltd., must be an accurate reflection of the state of affairs at the time of shipment. This principle was confirmed by the Court of Appeal in the case of The Galatia [1980] 1 W.L.R. 495. In this case it was held that the Bill of Lading must include a factually accurate statement as to the quality and quantity of goods which have been shipped. Where any quality or quantity is listed as ââ¬Ëunknownââ¬â¢ on the Bill of Lading, the Court has tended to infer a presumption that the presumed state of the goods is ââ¬Å"not wildly at oddsâ⬠with the quantity or quality in fact loaded[6]; be ââ¬Å"not wildly at oddsâ⬠with the quantity in fact loaded. Returning to our example: A. Ltd. has thus far appropriated the cargo of potatoes, has made/procured a contract of carriage, at his own cost, and has received a valid Bill of Lading from the carrier, as receipt of shipment. A. Ltd. must now, as part of his final contractual duties, secure an insurance policy, again at his own cost, to protect the potatoes from all ââ¬Ëusual risks[7]ââ¬â¢ which might occur during their transit from the point of shipment to delivery at the port of Liverpool[8]. It is also important that the type of insurance policy secured is fully transferable, i.e. assignable by endorsement under S. 50(3) of the Marine Insurance Act 1906[9]; after all, after the goods have been delivered to B. Ltd., this company may wish to transfer the goods to a third party, who may then need to rely on the insurance cover, should it later transpire that the potatoes were damaged during their voyage at sea. These documents having been obtained, A. Ltd.ââ¬â¢s final contractual duty is to ensure that these documents are sent and delivered to B. Ltd. I good time, so that they will have them in their possession at the moment the carrier delivers the potatoes to Liverpool[10]. Having discussed the contractual duties of the seller under a C.I.F. contract, let us now turn to examine the contractual duties of the buyer, B. Ltd: The first thing to note is that the buyer does not buy the goods themselves, but rather buys the documents pertaining to the goods, namely the Bills of Lading and the Insurance policy. Thus the buyer, B. Ltd., is under a duty to accept these documents from A Ltd. and pay for them. This duty is not absolute; the buyer has a right to reject these documents if they indicate that the cargo has been shipped late (i.e. later than the shipping date stipulated by the contract). This was confirmed by the High Court in the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459. Likewise, the buyer has a right to reject improperly tendered documents: In the case of Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443, the High Court held that the buyer was within his right to reject the documents for they did not contain a valid insurance policy, but rather an insurance certificate. Interestingly, under this conception of the C.I.F. contract, the buyer has a duty to pay against the documents even if he has not yet had a chance to inspect the goods[11]. This principle was confirmed in the case of Biddell Bros v E Clemens Horst Co. [1911] 1 K.B. 214, and was reiterated in the case of Manbre Saccharine v. Corn Products [1919] 1 K.B. 198, in which it was held that the buyer must pay against the documents even where the goods are damaged upon arrival. Prima facie, this might seem somewhat unfair; after all, why should a buyer pay for goods which have arrived in a damaged condition. However, if one considers the mechanisms operating under the C.I.F. contract, in particular the sellerââ¬â¢s duty to secure appropriate insurance documents, one can see that the interests of the buyer are still protected regardless of his duty to pay for the documents prior to inspection; if the goods are faulty, and the Bill of Lading states that the goods were shipped in good conditio n, then the insurance company will reimburse the purchaser for any[12] damage to the goods which was caused in transit. If the Bill of Lading indicated damage prior to shipment, then the Buyer can take out action against the seller to reclaim his monies. This does not mean that the buyer must necessarily accept the goods once hey have arrived however. Unless the terms of the contract stipulate that the buyer cannot reject the goods[13], they buyer is entitled to refuse to take possession of the goods if, at the moment of delivery[14], an inspection reveals that the goods are not of the quantity and/or quality which was contracted for, e.g. if only 5,000 Kilos of B-grade Desiree potatoes were in fact delivered by the chartered carrier to B. Ltd. The statutory remedy which is available in relation to this right is provided by s53(3) of the Sale of Goods Act 1979 (as amended), pertaining to an implied warranty over the quality of goods purchased. S53(3) of this Act states: ââ¬Å"(3) I n the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the warranty.â⬠One final point regarding the duty of the buyer under a C.I.F. contract: it is the responsibility of the buyer to secure all the necessary import licences which are legally required for the product(s) in question. If any stage of the delivery is stalled as a result of the buyerââ¬â¢s failure to secure the necessary Custom permissions, then any resultant damage to the goods, e.g. from their having to stay on board the carrier for an extended period of time and thus perishing, will be deemed, at law, his fault. In conclusion, whilst we have not been able to examine every single contractual and legal feature of the C.I.F. shipping contract, the above provides a near comprehensive description of the workings of such a contract in the real world. The C.I.F. contract is a standard termed tool which has been designed and evolved to ensure that the interests of each party to a shipping contract are protected, and also that the practical difficulties which would otherwise be faced by importers and exporters are somewhat mitigated. In response to the statement offered at the top of this paper: I hope I have argued convincingly that this statement is absolutely incorrect. The fact that a C.I.F. contract is a shipping contract is merely a description of its specific industry application; this description does not explain any of the complex and multifarious contractual and legal features of such a commercial arrangement. Perhaps what the statement meant to express what the fact that most of the legal and contractual features of a shipping contract are explained by the fact that it is a C.I.F. contract; in that case, the statement would certainly be more correct, although event then, the complexities regarding the duties of rejection and the procurement of valid documents cannot be gleaned from this description alone. I would argue, in final conclusion, that one should not attempt to explain the workings of the C.I.F. contract in one sentence alone. Such an endeavour will only serve to omit certain vital informatio n and lead to a poor understanding of the contractual and legal features thereof. References/ Bibliography: Alastair C.L. Mullis. (1997). Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. John Adams ââ¬ËThe Negligent Carrier: The Buyers Successââ¬â¢ The Modern Law Review, Vol. 45, No. 6 (Nov., 1982), pp. 690-693. Sassoon, David M., (2006). C.I.F. and F.O.B. contracts (London: Sweet Maxwell, 5th Ed. 2006) Footnotes [1] T. D. Bailey, Son Co. v. Ross T. Smyth Co., Ltd. (1940) 67 Ll. L. Rep. 147. [2] 1 W.L.R. 862 (QBD). [3] In the case of Arnhold Karberg Co v Blythe Green Jourdain Co [1916] 1 K.B. 495 the Court of Appeal confirmed, at 495, that under a C.I.F. contract, ââ¬Å"the seller is obliged to tender documents representing contracts which are valid and effective at the time of tender.â⬠[4] Diamond Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443. [5] On this point, Mullis (1997) p139 writes: ââ¬Å"The c.i.f. contract is a type of sales contract where, although physical delivery is contemplated, the contract is performed by the delivery of documentsâ⬠Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Alastair C.L. Mullis. Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. [6] As per Phillips J at 615: The Sirina [1988] 2 Lloydââ¬â¢s Rep. 613. [7] Law Bonar, Ltd. v. British American Tobacco Company, Ltd. [1916] 2 K.B. 605. [8] In the case of Belgian Grain Produce Company, Ltd. v. Cox Co. (France), Ltd. (1919) 1 Ll. L. Rep. 546, it was held that the insurance policy must cover the goods for the continuous journey, i.e. from shipment to delivery. [9] The importance of assignability within the context of commercial C.I.F. contracts was discussed, at length, in Diamond Alkali Export Corp. v. Fl. Bourgeois [1921]. [10] After all, the Bill of Lading represents the title in the goods and so B. Ltd. will not be able to take possession of the potatoes without these documents to verify his ownership. [11] However the buyer does not, and indeed should not, accept the documents if they have been tendered incorrectly. A rule in regards to this point was most elegantly expressed by McCardie in his famous and oft quoted dicta from the case of Mandre Saccharine Co. Ltd. v Corn Products Co. Ltd [1919] 1 KB 198. He stated: ââ¬Å"there may be cases in which the buyer must pay the full price for the delivery of the documents, though he can get nothing out of them, and though in any intelligible sense no property in the goods can ever pass to him ââ¬â i.e., if the goods have been lost by a peril excepted by the bill of landing, and by peril not insured by the policy, the bill of landing and the policy yet being in the proper commercial form called for by the contract.â⬠[12] This is strictly true; the insurance document will only cover the goods against all usual risks, and therefore, if the damage caused was due to an exception circumstance, there will be no form of financial redress for the buyer. If the exceptional circumstances were caused by the carrier, the buyer may sue this company in the tort of negligence or even in contract law [s2(1) Carriage of Goods by Sea Act, 1992 removes the normal rules of Privity to allow the ââ¬Ëright to sueââ¬â¢ in such cases to be transferable]. [13] Shipton, Anderson Co. v. John Weston Co. (1922) 10 Ll. L. Rep. 762 [14] In the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459, the High Court held that this right arises the moment the goods are passed over the ships rail on delivery.
Tuesday, November 12, 2019
Health and Safety Policy Essay
General statement of policy This policy is to provide and maintain safe and healthy working conditions and equipment for all our employees, and a safe environment for all children to learn and develop in. We wish to develop and promote a strong health and safety provision within the nursery for the benefit of all staff, children, parents and visitors. The policy will be kept up to date, particularly as the business changes in nature and size, and will be revised annually, or as and when necessary. Aims and objectives The aim of this policy statement is to ensure that all reasonably practical steps are taken to ensure the health, safety and welfare of all persons using the premises. To achieve this we agree to comply with the following objectives: â⬠¢ Establish and maintain a safe and healthy environment throughout the nursery. â⬠¢ Establish and maintain safe working procedures amongst staff and children â⬠¢ Ensure information, instruction and supervision is provided for all employees where necessary. â⬠¢ Ensure the safe handling and use of substances. â⬠¢ Ensure all employees are competent to do their role and to provide adequate training where needed. â⬠¢ Maintain a healthy and safe place of work and safe entry and exit from it. â⬠¢ An effective policy and procedure is in place covering fire and other emergencies and for evacuating the nursery premises. The evacuation procedure is practiced on a regular basis. â⬠¢ Follow the regulations of the Health & Safety at Work Act 1974 and any other relevant legislation. â⬠¢ Maintain a safe working environment for pregnant workers with appropriate risk assessments undertaken where necessary. We believe the nursery as a whole is a low risk but to maintain the maximum protection for children, staff, parents/carers and visitors we comply with the following: â⬠¢ Ensure the entrances and exits from the building, including fire exits remain clear at all times. â⬠¢ Regularly checks are carried out on the premises and the individual rooms any faults or defects are reported to management as soon as possible. â⬠¢ Ensure all staff are aware of the fire procedures and they participate in regular fire drills. â⬠¢ Ensure that all members of staff are aware of the procedures in case of accidents. â⬠¢ Protective gloves and clothes are worn when appropriate by all staff to control and prevent the spread of infectious diseases. â⬠¢ The nursery has a strict no smoking policy in place. â⬠¢ Any contractor working on the premises must seek permission from the owner prior to commencement of work. â⬠¢ No inappropriate jewellery to be worn. One pair of stud earrings and wedding/engagement rings are acceptable. â⬠¢ Dress code is smart black trousers no jeans, linen trousers or combat trousers and practical with sensible black shoes/small heeled boots and all hair must be tied back at all times. â⬠¢ No running inside the premises. â⬠¢ All electrical sockets are protected by safety plugs. â⬠¢ All cleaning materials/toilet cleaner are out of reach of children and are kept in cupboards off the ground in the utility room. â⬠¢ Appropriate clothing is worn when working in the kitchen. â⬠¢ Peanuts and any other foods that can cause an allergic reactions are not allowed in the nursery â⬠¢ Telephone calls must be received before 7am if a member of staff is not well enough to attend work. This must be to a senior member of staff, Owner, Manager, Deputy Manager or Assistant Manager. â⬠¢ All staff know where the First Aid box is and know who the appointed First Aider is â⬠¢ Children are supervised at all times by qualified staffà â⬠¢ Student are not left unsupervised at any time.
Sunday, November 10, 2019
Nature of Philosophy Essay
Philosophy * Comes from the 2 Greek words à « philos -love à » and à « sophia -wisdom à » * tasks that requires a deliberate effort to seek the truth. * The act of questioning or wanting to know initiates philosophy, and most of the time we relate philosophy to thinking. * Knowledge of all things, through this ultimate causes, aquired through the use of reasoning * Is the intense and critical examination of beliefs and assumptions Philosopher * Lover of knowledge * A person who seeks knowledge for its own sake and not for any other motive. * Philosophers examine questions dealing with lifeââ¬â¢s most important aspects. * Raphael (1994) describes philosophy as essentially divided into two branches: the Philosophy of knowledge and the Philosophy of practice. * The Philosophy of knowledge is attentive to critical examination of assumptions about matters of fact and argument. Included in this branch are: epistemology (study of knowledge), metaphysics (the study of ultimate reality), the philosophy of science, philosophy of mind and philosophical logic. * Philosophy of practice, on the other hand, focuses on critical examination of assumptions about norms or values and includes ethics, social and political philosophy, and the philosophy of the law. It is the Philosophy of practice, particularly moral philosophy, that provides a groundwork for discussion of many of the troubling issues facing nurses. Objectives of Philosophy * To seek the deepest explanations of existence and the nature of being. It specifically uses reasoning to show its natural scope in deriving explanations Spiritual / religious influences * Historically, many of the dominant religious institutions made judgements about the origin and essence of healing and described those who would hold positions as legitimate healers. * Nevertheless, nursing inà some form has existed in every culture, and has been influenced by spiritual beliefs, religious practices, and related cultural values. Gender influences * In every culture, women have been healers * As a result of the perception that women are more humane and more caring by nature, they have been viewed as naturally endowed with nursing talents. * à «Every womanâ⬠¦ has, at one time or another of her life, charge of the personal health of somebody, whether child or invalid- every woman is a nurse. à » ~Nightingale ANCIENT / PRESOCRATIC (7th century B. C) * Greek thinkers, called themselves à « wise men à » but of humility. * PYTHAGORAS- * One of the Greek thinkers, wanted to call himself a person who just love wisdom or a philosopher. * From then on, the Greek used the word philosophy for love of wisdom and philosopher as a lover of knowledge. * In the ancient times the position of healer was practiced by those thought to have special spiritual gifts. * When the reigning deity had a feminine, bisexual or androgynous nature, women were leaders in the healing arts. * As the world became a harsher place, and the Gods assumed a masculine nature, womenââ¬â¢s role as independent, primary healer was taken away The Early Christian Era. * Early Christian nurses were frequently women of high social status and often became independent practitioners. * When religious belief moved toward a single male God, womenââ¬â¢s healing role changed from that of sacred healer to subservient caregiver. MIDIEVAL / MIDDLE AGES * Christian scholars and Arab philosophers were the first to create a direct link of Philosophy to Theology, one of its main inspirations in the Christian faith which became a stimulus to reason. * During this time, monastcism and other religious groups offered the only opportunities for women to pursue careers in nursing. * Much of hospital nursing was carried out by repentant women and widows called sisters and by male nurses called brothers. * Deaconesses, matrons, and secular nursing orders were among the organized groups that had religious foundations and offered nusing services. * Much of hospital nursing was carried out by repentant women and widows called sisters and by male nurses called brothers. * Deaconesses, matrons, and secular nursing orders were among the organized groups that had religious foundations and offered nusing services. * Women who entered nursing orders donated their property and wealth to the Church and donated thier lives to service-believing that à « charity à » was synonymous with à « love à » * The term empirical relates to knowledge gained through the process of observation and experience. * Consequently, people were more likely to seek healing through religious intervention since the position of the Church was that only God and the devil had the power to either cause illness or promote healing * The crusades, which begin in 1096 and lasted nearly 200 years, brought many changes in health and population. * In response to the compelling need, military nursing orders were formed. These orders draw large numbers of men into the field of nursing. * During the Middle Ages, the status of women also declined. In many ways this was directly related to church doctrine. * St. Thomas Aquinas, known as the à « Angelic Doctor à » wrote that one should à « only make use of a necessary object, woman, who is needed to persevere the species or to provide food or drinkâ⬠¦woman was created to be manââ¬â¢s helper, but her unique role is in conceptionâ⬠¦ since for all other purposes men would be better assisted by other men. à » * St. Jerome remarked that à « women is the gate of devil, the path of wickedness, the sting of the serpent, in the world a perilous objectà » * It was a popular religious view that women were essentially evil by nature. The pain of childbirth was believed to be punishment for Eveââ¬â¢s transgression, and served the purpose of reminding women of their original sinful nature. * Although the medical profession was officially sanctioned by the church, and male physicians were beginning to be trained in the university setting, there was scant scientific knowledge. They used bloodletting, astrology, alchemy, and incantations * Peasant women wereà often the only healers for people who had no doctors and suffered bitterly from poverty and disease * These folk healers had extensive knowledge about cures that had been handled down for generations via oral tradition. * These women developed an extensive understanding of bones and muscles, herbs, drugs, and midwifery * This atmosphere set the stage for Church-sanctioned crimes against women in the form of the witch hunts. * Any women who treated an illness, even if she aplied a soothing salve to the diseased skin of her child, was likely to be acused of witchcraft. * If the treatment failes, she was sough to have cursed the patient. If the treatment succeeded, she was believed to be in consort with the devil * Although women were permitted to practice midwifery, these women were in danger of being accused of witchcraft if anything went wrong with either mother or baby MODERN (16th- 18 century A. D * During this period, Rene Descartes was known as the Father of Modern Philosophy, to his philosophy of rationalism and empiricism * RATIONALISM- ââ¬â is a philosophical doctrine that specifically uses resoning and proof in explaining reality EMPIRICISM: ââ¬â regards experience as the only source of knowledge,for it was during this time that the abundance of knowledge in science became a challenge for all philosophers to prove their discoveries and breakthrough to the aid of the aforementioned doctrines Renaissance and the Reformation * The sixteenth century heralded the beginning of two great movements: the renaissance and the reformation. * The renaissance produced an intellectual rebirth that began the scientific era * The reformation was a religious movement precipitated by the widespread abuses that had become a part of Church life and doctrinal disagreement among religious leaders. * The scientific community made advanced in mathematics and the sciences. * Rene Descartes is credited with proposing a theory that quickly altered philosophic beliefs about the separation of mind and body. * He proposed that the universe is a physical thing, and that everything in the universe is like a machine, which can be analyzed and understood. * Based on Descartesââ¬â¢ work à « cartesian philosophy à » began to replace religious beliefs related to the physical and spiritual beliefs of humankind. * As a direct result, a separation was created between the acts of caring and curing in the healing arts. * The reformation produced a split in the church. * A struggle between Catholic and Protestant groups spread across Europe, as a result, Catholicism lost its power in many countries. * Laws and cusotms in Protestant countries discouraged the humane care of the à « downtrodden and the weak à » CONTEMPORARY (20th century) * The existence of a great variety of doctrines of philosophy strenghtened its grasp in seeking the truth. * Among these are the doctrines of: * Karl Marx- Marxism * Immanuel Kant- Kantianism * Jean Paul Sartre- Existentialism The modern era * Florence Nightingale became a model for all nurses. She was a nurse, statistician, sanitarian, social reformer, and scholar. * she was politically astute, intelligent, and single-minded. * Although she was opposed to using church affiliation as a criterion for admision to nursing programs, her religious beliefs were evident in her dealings with students, whom she admonished to work, work, work, because à « if there is no cross, there is no crown à » * Another of nursingââ¬â¢s great modern leaders is Lavinia Lloid Dock * She was concerned with the many problems plaguing nursing, warning that male dominance in the health field was the major problem confronting the nursing profession.
Friday, November 8, 2019
Tertiary essays
Tertiary essays Methyl Tertiary Butyl Ether, also know as MTBE, is in a group of gas additives called oxygenates because they increase the oxygen level in gasoline. The use of oxygenates has increased significantly since Clean Air Act was signed in 1990. The two-part act mandated the use of cleaner burning gasoline in metropolitan areas throughout the United States as stated by Nichols et al. The most significant part of this act was the reformulated gasoline (RFG) program that took affect in 1995, calling for reformulated gasoline in cities with the worst ground-level ozone (smog). RFG is oxygenated gasoline (minimum of 2 percent oxygen by weight) that is specially blended to have fewer polluting compounds than conventional gasoline (EPA 2000). Not only did the cities and areas that fit the requirements of this act start to use RFG, so did many other states. This, in turn, increased the use of oxygenates, especially MTBE. MTBE was chosen over other oxygenates because of many economic reasons. MTBE has very favorable blending characteristics making it easy to produce, it has a low volatility that make it easier to meet emission standards, and it can be shipped through existing pipelines. With the increase of oxygenates, concerns have been raised about its role in contamination of soil and ground water supplies. Many studies have been finding MTBE in ground water nationwide. MTBE is released into the soil primarily from petroleum leaking from underground storage tanks. Other sources include leaking from above ground tanks, fuel pipelines, refueling stations, and accidental spills (CRS 2000). Since these studies have come out the EPA has begun a process to decrease the use of MTBE and finding alternatives to MTBE such as other more manageable oxygenates like ethanol. But that does not get MTBE out of the nations water supply. MTBE removal from water and soil can be done but it is very time consuming and difficult. ...
Wednesday, November 6, 2019
Essay on ReligionsEssay Writing Service
Essay on ReligionsEssay Writing Service Essay on Religions Essay on ReligionsReligion comprises an integral part of the social life. However, in spite of the diversity of religions, there are certain similarities, which make all religions looks alike. The similarity of religions is driven by objective factors, such as their common origin and evolution. On the other hand, religions remain different but the difference between religions is determined by local specificities mainly, which have determined the specific religious teaching. In this regard, it is possible to refer to the worldââ¬â¢s major religions, such as Christianity, Islam and Buddhism, which seem to be absolutely different and even hostile to each other, at first glance, but, in their essence they remain the same and similar to each other. Therefore, religions are similar because they emerge and evolve on the ground of the same principles, while differences are determined by local cultural specificities mainly.à à à à à à à à à à à In fact, proponents of the difference between religions make their judgments about religions on the ground of their superficial observations of the current development of various religious movements. In other words, they make their judgments about religions on the ground of their current experience judging by ends rather than causes and major drivers of religions. This is why proponents of the difference between religions can hardly give any plausible explanation why religions belonging to absolutely different cultures have substantial similarities. For instance, Islam and Christianity even have the same prophets, like Jesus Christ known in Islam as Isa. Moreover, even norms and beliefs are similar. In this respect, it is possible to refer to the gender discrimination, which can be traced in Christianity, Islam and Buddhism. Proponents of the difference between religions cannot give a plausible explanation to all of these issues as well as many others, which imply the common origin and similarity of reli gions.à à à à à à à à à à à However, the common origin and similarity of religions do not mean that they all originate from one time and place. Instead, the similarity of religions is the result of the common principles which contributed to the emergence of religions and their development and evolution in the course of time. To put it more precisely, all religions emerged under the impact of the natural environment of people. To understand the reason for the similarity of religions worldwide, it is important to trace the origin of the religious worldview and evolution of the major religions in the course of time.à à à à à à à à à à à In the distant past, people lived in the hostile natural environment, which phenomena they could not reasonably explain. Naturally, thunder and lightning triggered the horror of people in face of the power of nature. They could not explain it reasonably and their imagination helped them to explain those natu ral phenomena in the unnatural way. In other words, they attempted to give some supernatural explanation to natural phenomena, which they witnessed in their regular life. However, as human knowledge was extremely limited and narrowed down to the life of their own community. This is why often people interpreted natural phenomena, which became the main source of their early religious views, from their human standpoint (Flood 114). They could not explain the change of night and day, the change of seasons, birth and death and many other phenomena. This is why they attempted to explain natural phenomena by extrapolating human relations on them. For example, they attributed the change of life and day or the change of season by the change of life and death, which was particularly evident in the interpretation of the fertility of land, which people compared to the fertility of women. In such a way, they attributed features of humans or living beings to unanimated objects and phenomena. Thus , animism emerged. In this regard, explanations people gave to various phenomena were different but they were similar in their nature, in their attempt to explain the surrounding world from the human perspective. This is why, animism as the early form of religion had the common ground, the attempt of humans to explain the surrounding world by extrapolating human relations on the surrounding world.à à à à à à à à à à à Steadily, human religious views and beliefs changed and evolved. In the course of time fetishism emerged as the way of the association of inanimate or non-human objects like trees, rocks or animals with a spirit of deceased ancestors of people (Warraq 139). They worshipped those fetishes because they associated them with their ancestors. And again, even though fetishes were different but they had the common ground: people associated their fetishes with their ancestors, whom they could communicate with by means of those fetishes. Similarly modern religions have different concepts/fetishes but they serve to the common purpose of the communication between humans and God/deity.à à à à à à à à à à à Complicating human social relations and the first rise of scientific knowledge contributed to the growing complexity of religious views leading to the emergence of polytheism, when people believed in different gods, which were actually transformation of various fetishes, which were united into one religion as human society became more complex because former tribes were united in more complex unities as first states emerged.à à à à à à à à à à à Eventually, monotheism emerged, which became the ground for modern world religions. To put it more precisely, monotheism was the attempt to unite people in their belief to one god. Such a shift toward one god only contributed to the unification of people and prevented numerous internal conflicts in ancient and later medieval states. In such a way, religion, as it is now, became a powerful tool of the ideological control over large masses of people. They used different context but they were the same in principle. They had one God that normally encouraged the support of the existing social order and acceptance of oneââ¬â¢s social standing as it was (Vidal 153). As a result, religion, either Christianity, or Islam, or Buddhism promoted the idea of the existence of one God and respect to the existing social order that was and still is the major reason why religions were and some are still supported by some governments. The close integration of religion into the public consciousness made people believe in their specific religion only, but believers became incapable to identify their religion with other religions.à à à à à à à à à à à Thus, religions, in spite of their seeming difference, are all the same. They have the common origin and use similar principles. This is why either Christianity, or Islam, or Buddhism, or any other religion have, in their essence, similar principles, which help people to find balance in their life, to accept their life and themselves, to take their life for granted and enjoy it without trying to rebel or change the existing social order.
Sunday, November 3, 2019
M7A1 Theory and Development Essay Example | Topics and Well Written Essays - 1000 words
M7A1 Theory and Development - Essay Example As a function of this understanding and approach, the following discussion will be concentric upon defining Kleinââ¬â¢s integrated control theory, discussing the organizational elements that are needed to support this model, analyzing the strengths and weaknesses that it portends, and summarizing the findings that will have been engaged. It is the further hope of this author that such a level of understanding will provide the reader with a more informed understanding for how the integrated control theory differs from traditional understandings of control theory that have been put forward within managerial literature and training for many decades. As even a cursory level of analysis reveals, the Klein model of integrated control theory is primarily focused on the need and ability of the manager and employee to work towards a mutual goal via effective forms of two way communication (Jiang et al., 2014). Yet, before determining that what Klein is proposing is nothing more than a cooperative level of engagement, the reader would do well to consider the fact that within the communication pattern, the manager is encouraged to understand and seek to impact upon attitudes and effectors of attitudes that are ultimately responsible for why a given project or task is off track. By understanding elements related to situational factors, behavior change, performance, feedback, and attitudes, Klein promoted the understanding that key organizational factors had a primary and measurable effect with respect to the overall efficacy of the ââ¬Å"controlâ⬠process of management (Mi, 2014). Furthermore, it should be understood that prior to the Klein model of interpreting control within the integrative control theory, the process was one that did not factor in such nuances. As has been previously alluded to, the failure of other models to
Friday, November 1, 2019
Defination Coursework Example | Topics and Well Written Essays - 250 words
Defination - Coursework Example Fairness implies an unwavering and unbiased abidance by the rules set to punish crimes committed. A case where a person slaps another without a reason is a typical situation where the applicability of term ââ¬Ëjusticeââ¬â¢ is apparent. Rules may forbid hitting the person back for justice; though, it would be the ultimate equal punishment for that offense. In other words, justice is simply ââ¬Å"an eye for an eyeâ⬠price for the crime. Similarly, some individuals may distinguish justice as something deserved and morally correct. However, morals often relate to religious values, which have considerably changed currently. Accordingly, the definitions of the words ââ¬Ëmorally rightââ¬â¢ and ââ¬Ëdeservedââ¬â¢ in relation to punishment are distinctively different. Thus, the two terms simply distort what justice constitutes. Murder cases also bring out the true meaning of justice. The murderer should suffer a similar fate to the deceased: a ââ¬Ëtit-for-tat,ââ¬â¢ as someone would put it. The action is neither morally right nor deserved since there are no accurate definitions for morally correct or deserved. Nevertheless, it is an equal punishment for the crime and alerts the public of the penalty they would endure as a justice if they engage in crime. Notably, the following qualities form the basis of justice: fairness, restoration, and retribution. Therefore, people should see justice as an equal penalty for committed crimes. Most judicial systems emphasize fair, deserved, and morally correct judgments. Nonetheless, these terms lack a universal definition and could result in inappropriate punishments. What one judge considers as a morally correct verdict may be immoral in the view of another judge. Lastly, adjudicators ought to make equal decisions to cases rather than considering whether a punishment is fair or
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