The Unethical Business Practices Of Shell Commerce Essay Example For Students

The Unethical Business Practices Of Shell Commerce Essay Unethical patterns by organisations are often increasing as the force per unit area to vie and win compels them to disregard the ethical and moral facets of their patterns and decision-making. In order to maximise value for its stockholders and addition profitableness, Shell ended up corrupting the Nigerian functionaries toA do it easier to import their goods and equipment, in order to avoid imposts responsibilities, extend contracts and lower revenue enhancement etc. Therefore this study investigates and scrutinizes Shell s unethical patterns in context to it s the moral codification of moralss and recommends Shell to be more ethical in their pattern. Outline1 1.3 Introduction2 1.4 Historical Background3 1.5 Report Preview4 2.0 Shells Unethical patterns:5 2.1 Conoco Phillips:6 2.2 Shell vs. ConocoPhillips7 3.0 Recommendations and Facts:8 3.1 Recommendations9 3.2 Facts10 4.0 Decision 1.3 Introduction We will write a custom essay on The Unethical Business Practices Of Shell Commerce specifically for you for only $16.38 $13.9/page Order now As globalisation increases many organisations indulge in unethical patterns to accomplish growing and net income maximization. Consequently, the illustrations of such companies include LOreal, Nike, Wal-Mart, Shell etc. Shell, is a planetary group of energy and petrochemical companies. They have their central offices situated in Hague, the Netherlands.A The parent company of the Shell group is Royal Dutch Shell plc, which is incorporated in England and Wales. Shell s operated in more than 90 states and has an approximate of 93000 employees. Their production chiefly consists of 40 eight per centum of natural gas and around 3.3million barrels of gas and oil is produced per twenty-four hours. Shell has established forty three service Stationss worldwide. Harmonizing to a study conducted in 2010, they ve sold an estimated 145 billion liters of fuel. The Company has two chief watercourses, upstream which explores for and infusions crude oil and natural gas and Downstream which refines s upplies, trades and ships crude worldwide, industries and markets a scope of merchandises, and produces petrochemicals for industrial clients. Harmonizing to their fiscal study of 2010, with the capital invested of $ 30.6 billion and $ 1 billion in Investment in research and development, they had an income of $ 20.5billion with gross of $ 368.1 billion ( Shell, 2010 ) . 1.4 Historical Background Shell was born during yearss of the oil roar and started out in the shadow of John D. Rockefeller s Standard oil monopoly. Royal Dutch/Shell was the consequence of a amalgamation in 1907 between the British-based Shell Transport and Trading Company, which pioneered the usage of seagoing oil oilers and the Royal Dutch Petroleum Company, which made its fortune developing new oil Fieldss in Borneo and Sumatra. Marcus Samuel was an enterprising chap who decided to recognize ships returning to England from India, Japan, Africa, and the Middle East and offer to purchase any bangles and funny that crewmans had collected abroad. In the 1890s, the Gallic Rothchild household decided to travel into concern working the oil Fieldss opening up in Baku in Russia. Necessitating a spouse to assist them transport and sell the oil, they turned to Marcus Samuel the younger. After a brief trip to the Caucasus, Marcus Samuel decided that the lone manner to take on the close monopoly clasp that Standard Oi l held was to radically cut down oil transit costs. During that clip kerosine was transported in crates of Sn containers. Loading the fuel into these comparatively little containers, crating them, and lading them onto ship as clip consuming, expensive and inefficient, Samuel argued. It would be much preferred to merely shriek the oil into a oiler ship. In 1907, Sir Marcus Samuel and Henri Deterding merged the Shell Transport and Trading Company with the Royal Dutch Petroleum Company to make Royal Dutch/Shell. The company is owned 40 per centum by the Shell Transport and Trading Company and 60 per centum by the Royal Dutch Petroleum ( History of Business, 2010 ) . In the 1980s, Shell sought to turn through acquisition. It bought out the staying 30 % shareholding in Shell Oil in 1985 to consolidate its American operations. The 1980s saw the development of offshore geographic expedition undertakings, which were in much more ambitious conditions than had antecedently been attempted.A The 1990s Shell saw the engineering of biomass fuels and Gas to Liquids do elephantine springs forward.A Shell was criticized over the Brent Spar episode in 1995, which centered on its programs to dispose of the storage platform. The Group learned that public sentiment had become much more sensitive to environmental issues. In the following decennary, the Group worked much harder to open a duologue with interested parties sing its environmental impact and to develop good dealingss with the communities affected by its work. Another job to hit the Group arose from its presence in the Nigerian part of Ogoniland. The tribal minority in the Ogoni were aggrieved with the Nigerian authorities because they felt denied a proper portion of federal grosss from the oil, and what they saw as other cardinal human rights. Their title-holder was the author Ken Saro-Wiwa. The oil companies were targeted as confederates with the corrupt authorities. Shell was accused of environmental spoil. The narrative achieved international ill fame when Saro-Wiwa and eight of his co-workers were sentenced to decease by hanging for their activities. Shell has since strived to follow a policy of showing its community of involvements and mutual good feeling with both the authoritiess and the local publics it deals with. The 1990s were noteworthy for Shell for the development of the LNG gas concern. Improved transit and lifting demand made this country of the Group s activities progressively of import and are expected to go on to make so in the first decennaries of the 21st century ( Shell, 2010 ) . .u02d0618900a30c9f9affe572836d15e8 , .u02d0618900a30c9f9affe572836d15e8 .postImageUrl , .u02d0618900a30c9f9affe572836d15e8 .centered-text-area { min-height: 80px; position: relative; } .u02d0618900a30c9f9affe572836d15e8 , .u02d0618900a30c9f9affe572836d15e8:hover , .u02d0618900a30c9f9affe572836d15e8:visited , .u02d0618900a30c9f9affe572836d15e8:active { border:0!important; } .u02d0618900a30c9f9affe572836d15e8 .clearfix:after { content: ""; display: table; clear: both; } .u02d0618900a30c9f9affe572836d15e8 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u02d0618900a30c9f9affe572836d15e8:active , .u02d0618900a30c9f9affe572836d15e8:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u02d0618900a30c9f9affe572836d15e8 .centered-text-area { width: 100%; position: relative ; } .u02d0618900a30c9f9affe572836d15e8 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u02d0618900a30c9f9affe572836d15e8 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u02d0618900a30c9f9affe572836d15e8 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u02d0618900a30c9f9affe572836d15e8:hover .ctaButton { background-color: #34495E!important; } .u02d0618900a30c9f9affe572836d15e8 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u02d0618900a30c9f9affe572836d15e8 .u02d0618900a30c9f9affe572836d15e8-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u02d0618900a30c9f9affe572836d15e8:after { content: ""; display: block; clear: both; } READ: Making Personal Decisions Essay1.5 Report Preview This study examines assorted unethical patterns of Shell. First, it investigates upon the historical background of Shell. Furthermore, we have related Shell s immoral issues to the ethical theories. Along with these rules we besides suggest some recommendations which could be moderately indispensable for Shell to run in a better and efficient mode. Finally, the study concludes with importance on moralss, corporate societal duty and with our suggestion on its unethical action. 2.0 Shells Unethical patterns: In 2010, Shell was accused of graft pattern with Nigerian functionaries in order to derive net income. Shell bribed Nigerian functionaries to do it easier for them to import goods and equipment, acquire lower revenue enhancements and avoid the imposts. Shell said that it paid 2 million U.S Dollars to its Nigerian Workers in its deep H2O Bonga Project. Shell really knew that portion of the money will travel to Nigerian functionaries whom will do shell avoid the imposts procedure. This will give shell an obvious competitory advantage in the market. Shell really gained $ 14million net income from this graft of the Bonga undertaking. Shell will pay $ 48.1 million dollars in order to settle investigations by the U.S Justice Department and Securities and Exchange Commission. In January 2004, deceitful exaggeration of proved hydrocarbon militias by Shell in Form F20 returns filed with the U.S. Securities A ; Exchange Commission ( John Donovan,2007 ) . Shell has given misdirecting and incorrect statements about its militias. It paid a $ 120 million mulct for this claims colony. One of the celebrated unethical patterns by Shell was doing the high degrees of pollution in Nigeria.40 % of shells oil spills worldwide was in Nigeria. The oil spill besides caused H2O taint. It caused oil pollution in the Ogoniland part for the past 40 old ages or so. The grapevines were built in forepart of the people s houses and in their farming areas. They suffered oil leaks through the grapevines. This has wholly destroyed the environment over at that place. It killed the aquatic life ; killing many fishes. Besides enveloped the land with oil. This has been truly lay waste toing for the Ogoni people, economically and healthy, since their economic system depends chiefly on fishing and agriculture. Peoples suffered respiratory diseases such as bronchial asthma ; and malignant neoplastic disease. Lots of flora is deceasing, particularly Mangrove swamps, due to wastes of oil in the Niger River. The ground Shell has been successful in making these unethical patterns in Nigeria is b ecause they used to corrupt the Nigerian functionaries often to ease the procedure. Royal Dutch Shell Blames oil spills on sabotage to its equipment ( Chima Williams,2009 ) . This explains how ill-mannered and unethically they take duty for their atrocious actions. Harmonizing to the Covalence ethical ranking in 2008, saw Shell in the 510 place out of 541 transnational companies. Covalence s ethical citation system is a repute index based on quantifying qualitative informations and It is a barometer of how multinationals are perceived in the ethical field ( John Donovan 2009 ) . The covalency ethical ranking is based on of import issues such as Human rights policy, Waste Management, Labor criterions and merchandise societal public-service corporation. A research done by Management and Excellence in 2005 sees Shell as the figure 1 most ethical oil company in the universe. But by the terminal of 2011, Shell s place is expected to deteriorate much due to the graft dirt it suffered for the last few months. 2.1 Conoco Phillips: Conoco Phillips is a Non-government owned American oil and Gas Corporation. It s the 3rd largest of the oil big leagues worldwide. It works in all different facets in oil and natural gas industry such as Midstream, Petrochemicals, and Refining and Marketing. The company was formed as a consequence of a amalgamation between Conoco and Philips in 2002. Its major rivals are Shell, British Petroleum and Exxon Mobil. Conoco Philips is one of the few Oil companies that suffer unethical issues. Harmonizing to Conoco Philips, Our mission is to make more than to present energy . It has a long term committedness to accomplish the top ethical criterions and make a civilization that encourages honestness and duty in everything they do. Conoco Philips values the importance of corporate transparence and moralss as they are a major thrust for consumers and stakeholders assurance. A cogent evidence of ConocoPhillips s environmental concern is that it spent $ 80 million dollars to develop new engi neerings for unconventional and alternate energy beginnings. ConocoPhillips is a member of the U.S Climate Action Partnership, which is a group of concerns, major corporations and environmental organisation with a end to coerce the U.S Government to cut down the nursery gas emanations. ConocoPhillips spent around $ 150 million dollars 2007 on research and development of alternate energy beginnings and new technologies- which is about a 50 % addition compared to the $ 80 million dollar spent in 2006. 2.2 Shell vs. ConocoPhillips Shell is the second biggest company in the universe in footings of gross, which makes it more profitable than ConocoPhillips ( 16th ) . Actually, after the recent graft issues about Shell, its place will finally drop in the following few old ages. They will endure from employee turnover, loss of company repute and tonss of other disadvantages which will non enable them to be more profitable like earlier. Whilst for ConocoPhillips, it s really predictable that this company will acquire closer to Shell in footings of gross and why non excel it, due to its ethical patterns! That s why Shell should hold good ethical policies like that of ConocoPhillips and really accommodate this policy and non go against it. .u2f57f19b65fbd7c871fa0996120e3da2 , .u2f57f19b65fbd7c871fa0996120e3da2 .postImageUrl , .u2f57f19b65fbd7c871fa0996120e3da2 .centered-text-area { min-height: 80px; position: relative; } .u2f57f19b65fbd7c871fa0996120e3da2 , .u2f57f19b65fbd7c871fa0996120e3da2:hover , .u2f57f19b65fbd7c871fa0996120e3da2:visited , .u2f57f19b65fbd7c871fa0996120e3da2:active { border:0!important; } .u2f57f19b65fbd7c871fa0996120e3da2 .clearfix:after { content: ""; display: table; clear: both; } .u2f57f19b65fbd7c871fa0996120e3da2 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u2f57f19b65fbd7c871fa0996120e3da2:active , .u2f57f19b65fbd7c871fa0996120e3da2:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u2f57f19b65fbd7c871fa0996120e3da2 .centered-text-area { width: 100%; position: relative ; } .u2f57f19b65fbd7c871fa0996120e3da2 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u2f57f19b65fbd7c871fa0996120e3da2 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u2f57f19b65fbd7c871fa0996120e3da2 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u2f57f19b65fbd7c871fa0996120e3da2:hover .ctaButton { background-color: #34495E!important; } .u2f57f19b65fbd7c871fa0996120e3da2 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u2f57f19b65fbd7c871fa0996120e3da2 .u2f57f19b65fbd7c871fa0996120e3da2-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u2f57f19b65fbd7c871fa0996120e3da2:after { content: ""; display: block; clear: both; } READ: Government Censorship Essay3.0 Recommendations and Facts: 3.1 Recommendations First of all if Shell wants to acquire back its repute after the Nigeria graft incident, they have to alter their vision, non the written vision statement, in fact they have to alter their penetration toward the concern they are making and seek to alter their patterns in a manner that aid and fulfill people alternatively of aching them. They should maintain in head that concern is non about deriving net income from whatever manner, instead it is about deriving net income from supplying services in a manner that satisfies clients and if they act ethically finally they will derive adequate net income as they have satisfied people behind their dorsum who support the company ( Tempo, 2005 ) . Shell should be considered guilty in this instance and be fined for their unethical concern pattern. Furthermore, Nigerian authorities should be accountable and responsible for their action as good. The sum of all right that normally determined by tribunals should be either used for research intents or as fiscal assistance to assist people around the Earth. If they do so, Shell will coerce to make something that they escaped from and seek to better their instruments and installations by making research and development alternatively of seeking to derive net income without believing about safety and effects of their action on stakeholders ( Tempo, 2005 ) . More rigorous regulations and ordinances sing the graft issue and control of authoritiess over their companies can take to expiration of graft in long term. If Shell maintains a rigorous No Bribe policy, in long term payoff takers wo nt inquire for it any longer. Then even if they fail in their concern they wo nt fault themselves for paying payoffs and they will cognize that there was something incorrect with their installations and services. 3.2 Facts The chief ground that shell wanted to corrupt Nigerian authorities was that they wanted to pay less revenue enhancements and easier import of their needful equipment, which finally leads to higher net income. Therefore they merely looked for net income and to make that, they choose graft as an unethical pattern. They should nt make that because even if we do nt see graft as an unethical pattern it was illegal and against jurisprudence in Nigeria, nevertheless we know that graft is an unethical pattern so. The following thing is that graft encourages corruptness, and this action hurts the hapless the most as they have to pay for something which is free and they get into problem for paying the sum, because they can non afford it. When a big company like Shell patterns, in this instance graft, which is rebelliously unethical, this act will distribute to the whole society and impact the society in big ( Tempo, 2005 ) . Furthermore when you start paying payoff for the first clip it leads to demand for more payoffs and work as a sort of enticement. So it is better neer get down it. Aid bureaus seeking to supply free services for those who need aid and it is non morally accepted and expected from functionaries to seek to do money from those services that supposed to be free. We believe and agree that Shell did something which is morally incorrect and ethical individual wo nt recommend it, but there is a positive point in shells instance. Shell accepted that they did and unethical and incorrect action and admitted their error, they besides agreed to pay $ 48m in condemnable and civil mulcts. However shell had to acknowledge their error but still we can see it as a positive motion from shell and we can trust that Shell seek to be an ethical company from now onwards, halt their unethical concern patterns and seek to derive net income while following ethical concern patterns ( Temp,2005 ) . 4.0 Decision In decision, we all agree that graft is an unethical concern pattern and it is non expected from big company such as Shell to pattern such actions. It is non merely the instance that Shell paid payoff, the most of import thing is that such actions, finally leads to corruptness of society which all of us believe to be destructive. Shell can follow Conoco Phillips and invest in research and development and attempt to better its installations, and by making this they might gain less net income in the short term but they can be proud of themselves by being an ethical company and deriving more net income than their rivals in the long term as they will hold new engineerings and installations in future because they invest in research and development today. Shell Should be accountable for what they did and be responsible for their unethical behaviour and seek to halt such Acts of the Apostless in future if they want to construct their repute once more as people and stakeholders wo nt swear S hell every bit long as they continue being unethical. However if Shell truly wants to be changed and acquire back its repute they can make it by clear uping their vision among themselves and move ethically.

Organizational Entrepreneurship The WritePass Journal

Organizational Entrepreneurship Introduction Organizational Entrepreneurship ) Carlson, N. (2009) Google CEO Eric Schmidt: We Dont Really Have A Five-Year Plan. Business Insider {online} http://articles.businessinsider.com/2009-05-20/tech/30099731_1_google-ceo-eric-schmidt-googlers-google-people (accessed on 14th May 2012) Hamilton, C (2010). Communicating for Results:   A Guide for Business and the Professions. Cengage Learning Hisrich, R.D (2011) Entrepreneurship. Tata McGraw-Hill Education Kamien,   M.I and Schwarz, N.L (1982) Market Structure and Innovation. Cambridge University Press. Cambridge Kanter, R. M (1988) in Robert L Kuhn (1988) Handbook for Creative and Innovative Managers, McGraw Hill Lawrence J. G and McDaniel C (2008). The Future of Business:  The Essentials, Cengage Learning Lessem, R. (1989) Global Management Principles. Prentice Hall. Manyika, J (2008) Google’s View on the Future of Business: An Interview with CEO Eric Schmidt. The McKinsey Quarterly. {online} mckinseyquarterly.com/Googles_view_on_the_future_of_business_An_interview_with_CEO_Eric_Schmi t_2229 (accessed on 14th May 2012) Nafziger, E. Wayne (1997), The Economics of Developing Countries, Third Edition, Prentice-Hall, New Jersey Nafziger, E. Wayne (2006), Economic Development, 4th edition, Cambridge University Press, Cambridge Nooteboom, B. (1994) ‘Innovation and Diffusion in Small Firms: Theory and Evidence’, Small Business Economics, Vol. 6, pp327-347. Orcullo, N. (2007) Fundamentals of Strategic Management. Rex Bookstore, Inc. Rothwell, R. and Dodgson, M. (1994) Innovation and Size of Firm, in The Handbook of Industrial Innovation, Editors M. Dodgson and R. Rothwell, Aldershot Hants: Edward Elgar, pp310-324. Schein, E. (1987) Process Consultation II, Addison-Wesley Scherer, F.M. (1980) Industrial Market Structure and Economic Performance, 2nd. Edn., Chicago: Rand McNally. Tannenbaum, R and Schmidt   WH (1973) How to choose a leadership pattern Harvard Business Review May-June Thompson V.A. (1969). Bureaucracy and Innovation. University of Alabama Press, Alabama. Zimmerer, T. W and Scarborough, N. M. (2002) Essentials of Entrepreneurship and Small Business Management (3rd ed.) Prentice Hall

What causes income inequality in America today Essay

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English literature Essay Example | Topics and Well Written Essays - 750 words - 1

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Vulnerable Population Health Introduction Vulnerable population has become a burden for the United States as because their lacks of economic stability, improper health care service, social ignorance and so many other controversial factors. As they are considered as an important portion of the total U.S. population, thats why they are to be treated equally compared to the other U.S. citizens. One of the complex issues in their current situation is their health related problems. Their mental health problem and the drug abuse are two issues that have made them out of success. The goal set by the U.S. department of health and human services named â€Å"healthy people 2010 goals† is largely depends on this vulnerable population. Furthermore, in addition others things are also becoming obstacle to get the success. Hispanics and African American represent a large portion of entire U.S. population. Hispanics generally come from the Latin countries and Africa American from the content Africa. But the most important fact is that, among them a huge number of people are homeless and it is to be said the self-contradictory characteristic of U.S. the richest country of the world. These communities are suffering from improper health care services and have the high tendency to suicide. Their education background is also vulnerable compared to the whites. In this case the nurses can play a major role in regarding both providing the better health care services and educate this vulnerable population. There are also some other health related problems that can be solved by making a positive atmosphere by the nurses. The nurses need to know and understand in what circumstances they will act and how they will do that. The homeless population is a social group considered as a vulnerable because these homeless are at an increased risk for adverse health-related outcomes. Recognize and understand the homelessness and the relationship From the last two decades a good number of American cities experienced epidemics which challenged some beliefs. These people are concerned for affecting with HIV, violence, substance abuse, asthma, infant mortality or so many others factor. The vulnerable population is to be said the most sufferers in this case. However, there are a lot of complexities in regarding the health issues from the perspective of this population. Now, in America ‘a huge number of homeless people is a huge headache for the government as well as for the health and human services. This homeless inner city Spanish people are not only poor but also weak in health. According to the ‘human Rights Record of the United States in 2005, US has 727,304 homeless people nationwide. It reminds tha t one in every 400 Americans are living without home. The Los Angeles, according to the statistics is the capital of homeless people. The United States dubs that it is the worlds richest country, but the report given by the London school of Economics represents that U.S is has the highest poverty rate among the developed countries. This report also says that U.S. has the worst social inequality. Among them the Hispanics are at the top of the list. Now this community includes approximately 35.3 million people. By 2050, approximately 102 million Hispanics will reside in the United States which is nearly 24.5 percent of the total U.S. population. So it is needless to mention that if Hispanics experience poorer health status, then the expected demographic change will magnify the adverse economic, social, and health impact of such disparities in the United States. (J. Pumariega n.d.). Hispanic origin women can be from any race. According to estimation the Hispanic includes 63 percent Mex ican American, 14 percent central and South Americans, 11 percent Puerto Ricans and the rest 8 percent are from other. Among them 90 percent resides at the urban areas and 70 percent concentrated in 6 states-California, Texas, New York, Florida, New Jersey and Illinois. Black or African American are second at the list of vulnerable population in the United States. This origin has more undetected diseases and more chronic diseases comparatively to the whites. Inadequate housing, dangerous job and improper medical care represents the limited access of African American to the prerequisites for improved and safety health status includes better education, higher incomes and use of health care services as needed. Various types of risk factors are also involved in the daily activities of this population. â€Å"U.S. Department of Health and Human Services Healthy People 2010 goals† has provided several instructions in regarding to the health issues of this vulnerable population. The large portions of this vulnerable population are suffering from mental, psychiatric and substance abuse problem. Besides this the drug problem should be mentioned if health related factors described. The Hispanics are more than two times more likely than whites to indicate current drug abuse. So, such types of problems lead to a number of big problems that is quite impossible to handle. To improve and develop the health of this population, the nurses can keep a major role strongly. The nurses need to understand the various nursing environment and they should response in accordance with the environment. In the environment of vulnerable population the nurses expand their knowledge base in leaps and bounds. The nurses need to be supported into this field and others. Health issues Mental problem The previous study found that the ratio of homeless people is highest among the Hispanics. As these Hispanics are homeless, they suffer from various kinds of mental problems and that is a national concern as well. Hence, the street beggars and those sleeping in public places have increased among the Hispanics. Homeless people are in want of emotional support, caring professionals and help that work within their frame of reality. Notably, each homeless group has different demographics and health needs. There are some denominators that are the obstacles in regarding to access health care. Nurses are the best effective means of serving the needs of these homeless people. Nurse-managed clinics can be a better solution to provide these needs and wants. However, with the help of these clinics homeless people can get continuity of care, suitable follow up, and teaching to aid in illness prevention. The freer clinic needs to be established so that the nurses can provide and meet the health n eeds and of homeless community. Among the Hispanics the mental, psychiatric and substance abuse problem has described as one of the problem of health issues. Another problem is the drug abuse problem. Several recent reports and researches provide the identified problems in access to and caring services that affects the Hispanics groups. The 2006 national healthcare Disparities report says that Hispanics scored lower that European American on 90% of access measures. (Armando W. 2007 et all) The focused research of this report is to improve the systems of care in order to deliver more equitable services. But the question is who will provide this desired service to this population and how they will do it. Point to be noted; â€Å"only 1% of licensedpsychologists and American Psychological Association membersare Hispanic†. (Armando W. 2007 et all). So, generally they are not in the field of getting proper support in their mental problems. It is known that the Hispanics are not efficient in speaking English. So when they conduct with the health service provider then as expected they got lower facilities because of language barriers. However, who are expert in English get more facilities and most severe symptom ratings, followed by those who spoke only English or only Spanish during the interview. Health insurance is a critical issue in Hispanic health factors. One third of the Hispanic population lacks it, which is double the national average. Hispanics comprises the largest ethnic minority group in the United States. The previous study found that â€Å"Mexican immigrants had considerably lower lifetime prevalence rates of major mental disorders than did-U.S. born Mexican Americans.†(R. Lopez, 2000). There are some demographic and risk factors in the perspective of Hispanic vulnerable population. The prevalence of mental health problems varied by racial or ethnic group. Among State prisoners, 62% of white inmates, compared to 55% of blacks and 46% of Hispanics, were found to have a mental health problem.(J. James E. Glaze, 2006) Among Hispanics Americans fewer than 1 in 11 do contact with specialist and 1 in 5 contact general health care provider. One national study found that only 24 percent of Hispanics received appropriate care compared to 34 percent of whites. What nurses can do The psychiatric-mental health nurses are efficient and educationally prepared to provide the full range of health services. The primary mental health care services are the first needs to face the challenges. To do so, some especial educational programs should be provided to the nurse practitioners.teh psychiatric-mental health nurse practitioner is advanced practice registered nurses who focus to develop the psychiatric disorders or mental health problem. They provide the wide range of settings to the patients who are seeking primary mental health services. The promotion of optimal mental health, prevention and treatment of mental health problem are the function of these nurses. They play a vital role in assisting people to identify the causes of the possible results of stress. Nursing care can be delivered on a one to one basis. The mental health nurses play a key role in the primary health care team efficiently. They are also expert in health education and promotion, seeking the ge neral public Substance abuse Substance abuse refers to the abuse of drugs or alcohol that is primarily illicit. Hispanics are mostly known as â€Å"hard-to-reach† population in the context of health communication. Drug use among Hispanics has a sparse which is vastly higher than among who are surrounded by their own culture. Drug abuse among the Hispanics is another concern for the government as well as for the future generation. The following are the risk factors in regarding to the drug abuse among the Hispanics in United States. Rates for illicit drug abuse and dependence are highest for Hispanics (7.8%). Hispanic adolescents are more likely to abuse drugs; especially crack cocaine, heroin, and ‘ice, than are adolescents from other ethnic groups. An overview of U.S. Department of Health and Human Services Healthy People 2010 goals Healthy people 2010 is planned to achieve two overarching goals: Increase quality and years of healthy life The first step of â€Å"healthy people 2010† is to help individuals of all ages increase life expectancy and improve their quality of life. Eliminate health disparities: The second goal of healthy people 2010 is eliminate the health disparities among different segment of the population. ‘Healthy People 2010 is a set of health objectives for the Nation to achieve over the first decade of the new century. It can be used by many different people, States, communities, professional organizations, and others to help them develop programs to improve health. Healthy People 2010 builds on initiatives pursued over the past two decades. The 1979 Surgeon Generals Report, Healthy People, and Healthy People 2000: National Health Promotion and Disease Prevention Objectives both established national health objectives and served as the basis for the development of State and community plans. Like its predecessors, Healthy People 2010 was developed through a broad consultation process, built on the best scientific knowledge and designed to measure programs over time. Healthy people objectives have been designed by the congress as the evaluation for assessing the development of the Indian health care improvement act. What nurses can do in regarding homeless Hispanics or African American and their mental health problem Mental health nurses advocate in collaboration with psychiatrists and the other practitioners to provide services as for example monitoring the Hispanics patient, mental state, managing medication and developing the links to other health care professionals and clinical service providers. Their providing services are in a range of setting and are provided at little or no cost to the patient. The homeless Hispanics and African American both are growing rapidly in context of population. They are not only growing but also their mental health is dis-improving day by day as they are considered as vulnerable population. It has been mentioned earlier that Hispanics are the largest minority community in the United States. The percentage of homeless African American is also high in United States. They are also vulnerable because of most of them are homeless and suffering from controversial mental health problem. They do feel some bad feelings about their origin root and thats why they are still in back position. In this regard, the nurses can play a major role to manipulate this community to improve their mental health. Mentality is the drive that influences people toward every outcome whether it is positive or negative. Hence, the nurses role in educating the Hispanics homeless population about how to access health care and addresses their health needs should be reflected in a systematic manner. The nurses can make them understood about the benefit of better health that will make them established at their desired level. There are a lot of people among the Hispanics who are not able to say or understand the English. In this case, the nurses have a better opportunity to teach them about the benefit of speaking English. Whenever you talk about the vulnerable or homeless people then the word needs to mention. The racial issue is a very sophisticated factor in regarding the vulnerable population. It does reflect the whole picture of vulnerable population in America. The vulnerable population should be treated in accordance with the proper plan and therefore, there also should not be any complexity. Notably, here needs to talk about the nursing aids and its function. Nursing aids is to care for physically or mentally weak, injured, disabled, and mental health setting. Nursing aids is applicable for those who are in need of a long term care. Their specialty is defined by their specific care. In context of homeless Hispanics, these nursing aids should be implemented to get the better result and overcome the problem existed among this community. The nursing aids help elderly or disabled person live in their own home instead of health care facilities. The nurses can give the instruction about how the homeless Hispanics can lead a better life after being educated and having a good health. Therefore, the better health is needed to fulfill the goals set by the â€Å"healthy people 2010† project. Lower rates of health care use by Hispanics judge against with non-Hispanics white person-in context of hospitalization, physician visit, prescribed medicine, and specific preventive service—have been found. A numerous studies found differences in culturally based attitudes in regarding health care and barriers presented by language. It has been also found that Hispanics who are less assimilated into U.S. culture face more wide-ranging barriers than those who have become acculturated with U.S. culture. Hence, there is an impact on the basis of relation between culture and use of service is quite mixed. In addition, insurance status has a larger impact on use of health care services. It is duty for the nurses to identify the specific factors that affect the function of health care services for this vulnerable population. Nurses should advocate and educate this vulnerable population. Nursing around the world needs to feel the confident and the essential and significant contribution to the provision of safe, quality patient care. It is known that the nursing workforce is the largest group within the health care system. The theoretical and practical knowledge not only guide the nurses, but also the beliefs, values and personal thinking help them to emerging advance scope of practice. Homeless Hispanics are to be said the obstacle for the U.S. developing program ‘healthy people 2010 and its success. The Hispanics are suffering from different kinds of mental health problem which is day by day going to be uncontrollable. Homeless people do not get the at least primary health service in most of the cases. As it is known that by 2050, the Hispanics will be approximately 25% of the total U.S. population. So, these successes of the â€Å"U.S. Department of Health and Human Services Healthy People 2010 goals† are very much dependent on their health care. What nurses can do in regarding homeless Hispanics or African American and their drug abuse problem Drug abuse among the Hispanics and African American minority, is a strong concern as it has a larger impact on future generation. The people who are involved in drug abuse can be considered as patient from the medical perspective. However, drug abuse is becoming a growing distress for the U.S. government as well as for the health and human service. The qualities of substance abuse treatment are of interest to both the government and the treatment service provider. There has been a little research on treatment outcomes of Hispanics and African American in substance abuse treatment. However, Nurses have the potential to continue integrated interventions from the perspective of health care setting. The needs of the patients vary with the change of health care setting and the function of nurses as well. So, the field nurses need to clarify their roles and functions in relation to both the setting where they work and the patients to whom they deal with. The healthcare professionals need t o demonstrate the effectiveness of what they are used to do and how they do to maintain the quality of patient care. Substance abuse is to be said as the abuse of alcohol and other drugs. â€Å"Most culturally distinct groups have used and abused alcohol and other drugs throughout the ages, and they have established codes of behavior in their approach to drugs and alcohol†. Alcohol and other drugs have been used among the Hispanics or African American minority for thousands of years. Socio-cultural beliefs can shape the approach to and behavior regarding substance use and abuse. Culture plays a central role in forming the expectations of individuals about potential problems they may face with drug use. For many social groups, this may provide a protective factor. An example is the use of alcohol by the ancient Aztecs before any contact with white settlers. Their use of alcohol was heavily regulated and was only for ceremonial purposes. Non-ceremonial use of alcohol was strictly forbidden under penalty of death.3,8 Another example is the development of the peyote cult in northern Mexico. Peyote was used in a ceremonial setting to treat chronic alcohol addiction. This use later became a central part of the Native American church, which provided important spiritual treatment for chronic alcoholism. Recent research found that despite declining trends in use of drug abuse among the American youth, drug use among Hispanics youth remains alarmingly high. So in this case what the nurses can do is the million dollar question. The nurses provide their service in very practical way and for that reasons the result or outcome is always good. The African American has the highest tendency to use the drug and it is more likely in the youth generation. but the homeless African American or Hispanics are considered as the vulnerable population and they have not the ability to deal with these problem. In regarding this matter, the nurses can be used as a very effective tool. However, nurses will teach this vulnerable population about the bad effects of drug abuse and how is ruining their personal and family life as well as the society. Nurses normally meet legal issues in their place of work. However, many of them are either unaware of their significance or unable to face these issues. Since the findings of the study identify that learning at workplace has been valuable to gain knowledge about law, it is needed to identify legal issues in their workplace. This will help them to increase their efficiency because knowledge about legal issues upgrades their sense about their tasks. These issues provide direction that what needs to do or not to do. They should focus only how the problem can be removed in this area. The â€Å"healthy people 2010† is not just a dream, it is more than that and the homeless Hispanics or African American are the barriers of this dream. This dream should be reflected by the activities performed by the nurses. Conclusion: Now-a-days nursing has developed its all functional activities in accordance with technological, political or socio-economical rapid change. The changing boundaries of professional responsibility and its influence on their scope of practice have been emerged. For the effective care the nurses must all work together toward a common goal to meet the needs and serving the interest of the patient. According to the UKCC code of professional contact, clause 4 states that in the exercise of professional accountability, the registered nurse must, â€Å"Acknowledge any limitations in your knowledge and competence and decline any duties or responsibilities unless able to perform them in a safe and skilled manner.† (Turnbull Mark) However, Hispanics are becoming a large portion of U.S. population day by day and they are in need of the proper health care services. A lot of barriers are involved in regarding their health problem whether it is mental or about drug abuse. The nurses are to be said as the key element who can work together in the field to make a better move of health care services for the homeless Hispanics and African American.

The Power of Music in James Baldwins Sonnys Blues Essay -- Sonnys B

The Power of Music in James Baldwin's Sonny's Blues At first glance, "Sonny's Blues" seems ambiguous about the relationship between music and drugs. After all, the worlds of jazz and drug addiction are historically intertwined; it could be possible that Sonny's passion for jazz is merely an excuse for his lifestyle and addiction, as the narrator believes for a time. Or perhaps the world that Sonny has entered by becoming involved in jazz is the danger- if he had not encountered jazz he wouldn't have encountered drugs either. But the clues given by the portrayals of music and what it does for other figures in the story demonstrate music's beneficial nature; music and drugs are not interdependent for Sonny. By studying the moments of music interwoven throughout the story, it can be determined that the author portrays music as a good thing, the preserver and sustainer of hope and life, and Sonny's only way out of the "deep and funky hole" of his life in Harlem, with its attendant peril of drugs (414). The story's first encounter with music is after the narrator has learned of Sonny's arrest. He is thinking about the boys he teaches, and how they could all be "sucked under" (419) just as Sonny has been. He hears their laughter in the schoolyard and notes its "mocking and insular" quality, a noise made by disillusioned youth rather than the untainted, joyous sound one expects of children (410). One boy whistles a tune, a cool and moving, complicated and simple melody, "pouring out of him as though he were a bird," and the music manages to soar above the harsh sounds of disenchantment (410). Clearly this music is joy and salvation. Because he concentrates on this simple music, one boy does not curse and den... ..., because this tale is "the only light we've got in all this darkness" (438). "Sonny's Blues" is filled with examples of music and how it makes things better. The schoolboy, the barmaid, the mother, the brother, the uncle, the street revivalists, all use music to create a moment when life isn't so ugly, even though the world still waits outside and trouble stretches above. Music and the tale it tells provide hope and joy; instead of being the instrument of Sonny's destruction, introducing him to the world of drugs, music is his way out of some of the ugliness. For Sonny and the other characters in this story, music is a bastion against the despair that pervades stunted lives; it is the light that guides them from the darkness without hope. Works Cited Baldwin, James. "Sonny's Blues." The Oxford Book of American Short Stories 1992: 409 - 439.

Unpaid Seller

Unpaid Seller Definition: In a transaction of sale it is not possible to avoid credit sales. In credit sales there is a risk of a debtor not paying the price of the goods even after the credit period is over. The seller of the goods therefore must possess some rights which he can use to secure payment of the price. If the recovery of the price is not possible due to the reason of bankruptcy of the buyer, he must have some other remedies. The Sale of Goods Act has made elaborate provisions regarding the rights of an unpaid seller.The term ‘unpaid seller' may be defined as the seller to whom the full price of the goods sold has not been paid. The legal definition of ‘unpaid seller' is given in Section 45 of the Sale of Goods Act, as under: â€Å"The seller of the goods is deemed to be an unpaid seller within the meaning of this Act: (a) When the whole of the price has not been paid or tendered; (b) When a bill of exchange or other negotiable instrument has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonor of the instrument or otherwise. Features of the unpaid seller 1. He must sell goods on the cash basis and must be unpaid. 2. If he sells on credit basis, he is not an unpaid seller during the period of credit. 3. The term of credit has expired and the price has not been paid to him. 4. He must be unpaid wholly or partially. If a part of price remains unpaid, he is unpaid. 5. When the price is paid in the form of negotiable instruments and it has been dishonored. 6. If buyer offers payment and seller refuses to accept, the seller is not an unpaid seller. . Party A sells a car on cash basis to party B and the price has not been received yet.. 8. A sells good to B on 5 months credit period and B turns insolvent after 2 months. 9. A sells TV set to B on the same day cheque basis, the cheque is dishonored due to insufficient. SALE OF GOODS ACT Contract of Sale: Sale and agreem ent to sell (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price.There may be a contract of sale between 1 part owner and another. (2) A contract of sale may be absolute or conditional. (3) Where, under a contract of sale, the property in the goods is transferred from the seller to the buyer, the contract is called a sale: but, where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. 4) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. Capacity to buy and sell-sale of necessaries to persons incompetent to contract Capacity to buy and sell is regulated by the general law concerning capacity contract and to transfer and acquire property: Provided that, where necessaries are sold and delivered to an infant or minor or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor. Necessaries†, in this section, means goods suitable to the condition in life of such infant or minor or other person and to his actual requirements at the time of the sale and delivery. Contract  of  sale, how made Subject to the provisions of this Act and of any Act in that behalf, a contract of sale may be made in writing or by word of mouth or partly in writing and partly by word of mouth or may be implied from the conduct of the parties. Provided that nothing in this section shall affect the law relating to corporations.Sale and agreement to sell goods on credit in course of retail trade to be accompanied by invoice (1)A sale of goods on creditor an agreement to sell goods on credit in the course of trade shall not be enforceable by action at the suit of the s eller, unless- (a) at the time of the sale or agreement to sell, an invoice or docket, serially numbered, be made in writing in duplicate, both original and duplicate containing- (i) the serial number; ii) the date of the transaction; (iii) the name of the buyer; (iv) the nature and, except in the case of goods exempted from this provision by order of the Minister, the quantity of the goods, in the English language and in figures; and (v)  the price in English words or figures; and b) at the time of delivery of the goods, the original or duplicate of the invoice or docket be delivered to the buyer or to some person to whom the goods may properly be delivered on his behalf: Provided that the provisions of this section shall not apply to an agreement to sell, over a period of time, goods of nature such as are commonly delivered at regular intervals, such as newspapers, bread or milk, or to any sale in pursuance of such agreement, where a written order signed by the buyer or his agen t in that behalf is given to the seller at the time of the agreement to sell. 2) In this section- â€Å"docket† includes a packing note, delivery note or other printed form customarily used for recording the particulars of a sale; â€Å"sale or agreement to sell in the course of trade† means a sale or an agreement to sell to a person by or on behalf of a person who carries on the business of selling goods. Duties of seller and buyer 28. It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them in accordance with the terms of the contract of sale. Payment and delivery prima facie concurrent conditions 9. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods. Rules as to del ivery 30. -(1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract express or implied between the parties.Apart from any such contract express or implied, the place of delivery is the seller's place of business if he has one, and if not, his residence: Provided that, if the contract be for the sale of specific goods which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery. (2) Where, under the contract of sale, the seller is bound to send the goods to the buyer but no time for sending them is fixed, the seller is bound to send them within a reasonable time. 3) Where the goods, at the time of sale, are in the possession of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this sec tion shall affect the operation or the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.Rights of an Unpaid Seller (A) Rights against the Goods: Unpaid seller's rights against the goods may be discussed under the following two heads, namely: 1. Where the ownership of the goods has transferred to the buyer: In this case, the unpaid seller has the following rights: (a) Right of lien. (b) Right of stoppage of goods in transit. (c) Right of resale. 2. Where the ownership of the goods has not transferred to the buyer: In this case, the unpaid seller has the right of withholding the delivery of goods sold. (B) Rights against the Buyer: Unpaid seller has the following rights against the buyer: a) Suit for price . (b) Suit for damages. (c) Suit for interest. (d) Suit for repudiation of contract. The Unpaid seller of goods who is in possession of them is entitled to retain his possession until payment or tender of the price in following cases, namely: (a) Where the goods have been sold without any stipulations as to credit, (b) Where the goods have been sold on credit, but the term of credit has expired, and (c) Where the buyer becomes insolvent. † This right can be exercised by the unpaid seller if the following conditions are satisfied: (i)The unpaid seller must be in actual possessions of the goods sold. ii) The unpaid seller can retain the goods only for the payment of the price of the goods. The right of lien is linked with the possession of the goods and not with the title of the goods. Thus, the goods must be in actual possession of the seller. It is, however, not necessary that he should possess the goods as an owner. He can exercise the right of lien, even if he is possessing the goods as an agent or bailee for the buyer [Section 47 (2)]. The important legal provisions relating to the unpaid seller's right of lien may be stated as under: 1.Where the goods are sold without any stipulation as to credit (i. e. in case of cash sale), the unpaid seller may retain the goods if the buyer fails to pay the whole price [Section 47(1)(a)]. He cannot retain the goods for any other charge e. g. maintenance,charge of storage during the exercise of lien. 2. Where the goods are sold on credit, the unpaid seller may retain the goods if the buyer fails to pay the whole price after the expiry of credit period. [Section 47 (1) b)] 3. Where the buyer becomes insolvent, the unpaid seller may retain the possession of the goods until the whole price is paid.It is so because, the law does not compel a person to deliver the goods to an insolvent [Section 47 (1) (c)]. 4. Where the unpaid seller has delivered a part of the goods, he may exercise his lien on the remaining part of th e goods. But where the part delivery is made under the circumstances which show an agreement to waive a lien, the seller cannot retain the goods [Section 48]. 5. The right of lien is indivisible in nature. And, the seller cannot be compelled to deliver a part of the goods on payment of proportionate price of the goods. 1.By delivery of goods to the carrier: The unpaid seller loses his right of lien over the goods when the goods are delivered to some person ( a carrier or other bailee) for the purpose of transmission to the buyer [Section 49 (1) (a)] 2. By delivery of goods to the buyer: The unpaid seller also loses his right of lien when he delivers the goods to the buyer or his agent [Section 49 (1) (b)]. 3. By waiver of the lien; The right of lien is for the benefit of the seller. If he like, he may waive his right. And by waiver, the lien is lost [Section 49 (1) (c)]. The waiver may be express or implied.This right is contained in Section 50 of the Sale of Goods Act, which provid es that where the buyer becomes insolvent, and the unpaid seller has parted with the possession of the goods, he can stop the goods in transit until the price is paid or tendered (I. e. , offered) to him. The right can be exercised if the following conditions are satisfied: (a)The buyer has become insolvent. (b) The goods are in the course of transit, i. e. , the goods have gone out of the actual possession of the seller. But they have not reached in the possession of the buyer. c) The unpaid seller can stop the goods in transit only for the payment of the price of the goods. Duration of Transit The duration of transit is the period between the commencement and end of transit. The transit commences from the time when the goods are delivered to the middleman (i. e. , carrier or other bailee), and it continue till the buyer or his agent takes the delivery of the goods [Section 51 (1)]. The important provisions relating to duration of transit are as follows: (a) Where the goods are rej ected by the buyer and the carrier continue to have the possession of the goods, the transit does not come to an end [Section 51 (4)]. b) Where the goods are delivered in parts, the seller may stop the remainder of goods unless the delivery of part of the goods shows an intention to give up the possession of the whole of the goods [Section 51 (7)]. (c) Where the goods are delivered to a ship chartered by the buyer, then it is a question of fact in each case whether the carrier is acting independently or as an agent of the buyer. If the circumstances show that the carrier is acting as an agent of the buyer, then the transit comes to an end as soon as the goods are loaded on board the ship [Section 51 (5)]. Termination (or Loss) of Right of Stoppage in TransitUnder the following circumstances, the transit comes to an end and the right of stoppage in transit is lost. 1. Interception by the buyer: Sometimes, the buyer or his agent takes the delivery of the goods from the carrier (middle man) before the goods arrive at the appointed destination. In such cases, the transit comes to an end. [Section 51 (2)]. 2. Carrier's acknowledgement to the buyer: Sometimes, after the arrival of the goods at the appointed destination, the carrier acknowledges to the buyer or his agent that now he is holding the goods on buyer's behalf. In such cases, the transit comes to an end. Section 51 (3)]. 3. Carrier's wrongful refusal to deliver the goods to the buyer: (Section 51(6)) The important point here is that the refusal should be wrongful i. e. without any just cause. Eg. If the carrier refuse to deliver the goods because of non payment of freight charges, the refusal is not wrongful. Unpaid seller's right of resale is contained in Section 54 (2) of the Sale of Goods Act, which provides that if the buyer fails to pay or offer the price within a reasonable time, the unpaid seller has the right to resell the goods in the following circumstances: (a) Where the goods are of perishable n ature, b) Where the unpaid seller has exercised his right of lien or stoppage in transit and gives a notice to the buyer of his intention to resell the goods. And also (c) Where the unpaid seller has expressly reserved his right of resale. 1. Where the goods are perishable: The seller may resell the goods to another person within a reasonable time. The term ‘reasonable time' is a. 2. Where the seller expressly reserves his right of resale: It may be noted that in such cases, the seller is not required to give notice of resale.He is entitled to recover damages from the original buyer even if no notice of resale is given. 3.. Where the unpaid seller has exercised his right of lien or of stoppage in transit and gives notice to the buyer of his intention to resell the goods: If after the receipt of such notice, the buyer does not pay or tender the price within a reasonable time, the seller may resell the goods. In such cases, on the resale of the goods, the seller is also entitled to: (a)Recover the difference between the contract price and resale price, from the original buyer, as damages. b)Retain the profit if the resale price is higher that the contract price. However, if the goods are resold by the seller without giving any notice to the buyer, the seller cannot recover the loss suffered on resale. Moreover, if there is any profit on resale he must return it to the original buyer, i. e. , he cannot keep such surplus with him [Section 54 (2)]. In this sense, the notice of resale becomes obligatory, i. e. legally compulsory. Right of Withholding Delivery and Rights against BuyerRight of Withholding Delivery: Sometimes the ownership of the goods sold is not transferred to the buyer. In such cases the seller has the right of Withholding Delivery of the goods sold, if the buyer fails to pay the price. It may be noted that this right is in addition to other remedies available to the seller. This right is similar to and co-extensive with the right of lien and stoppage in transit [Section 46 (2)]. Rights against the Buyer The unpaid seller has the following rights against the buyer : 1. Suit for price:Where the buyer fails to pay the price of the goods in terms of the contract, the seller can file a suit against the buyer for recovery of the price [Section 55]. 2. Suit for damages for non-acceptance of goods: Where the seller is ready and willing to deliver the goods to the buyer, but the buyer wrongfully neglects or refuses to accept the goods and pay for them, then the seller may bring a legal action against the buyer for the recovery of damages suffered due to non-acceptance of the goods [Section 56]. 3.Suit for damages for repudiation of the contract before the due date of delivery of goods: Where the buyer repudiates (i. e. , puts an end to) the contract before the due date of delivery of the goods, the seller has the following options [Section 60]: (i) He may not immediately take any action against the buyer, and treat the contract as subsisting and wait till the date of delivery of goods. (ii) He may immediately treat the contract as repudiated and bring the legal action against the buyer for the recovery of the damages. . Suit for interest: Where the seller tenders the goods, but the buyer fails to accept and pay for them, then the seller may file a suit for the recovery of the price. In such a suit, the seller may also claim the interest on the amount of price payable by the buyer The court may award the interest from the date of tender of the goods or from the date when the price if payable. The rate of interest to be awarded is at the discretion of the court.It may however, be noted that the interest can be recovered by the seller only when he is entitled to recover the price. Thus, when the seller's only remedy is for damages, he cannot file a suit for interest [Section 61]. Reservation of right of disposal (Section 25). – 1. Where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled.In such case, notwithstanding the delivery of the goods to a buyer or to a carrier or other bailee for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. 2. Where goods are shipped or delivered to a railway administration for carriage by railway and by the bill of lading or railway receipt, as the case may be, the goods are deliverable to the order of the seller or his agent, the seller is prima facie deemed to reserve the right of disposal. . Where the seller of goods draws on the buyer for the price and transmits to the buyer the bill of exchange together with the bill of lading or, as the case may be, the railway receipt, to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading or the railway receipt if he does not honour the bill of exchange; and, if he wrongfully retains the bill of lading or the railway receipt, the property in the goods does not pass to him. Explanation. In this section, the expressions† railway† and† railway administration† shall have the meanings respectively assigned to them under the Indian Railways Act, 1890 . ] (9 of 1890 . ) Buyer’s right against seller Suit for damages for non-delivery When the seller wrongfully refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery (Sec. 57) Suit for specific performance Where there is a breach of contract for sale of specific goods, the buyer may file a suit for specific performance.The remedy is granted when subject matter of the contract is rare goods, say, a picture by a dead painter (Sec. 58) Suit for damages for breach of warranty Where there is a breach of warranty, the buyer is entitled to sue for damages if he had paid the price to the seller. But if he has not paid the price yet, he may ask the seller for a reasonable reduction in theprice. (Sec. 59) Suit for cancellation and damages for breach of contract Where there is a breach of contract by the seller, the buyer may avoid the contract and claim damages. Suit for recovery of price with interestIf the buyer has already paid the price to the seller and the seller does not deliver the goods to thebuyer, he can sue the seller for refund of price and interest at a reasonable rate. (Sec. 61) Examples A case of an unpaid seller Case 1 Sir, If a sale deed has been entered saying that the consideration has been paid via a Demand Draft (i. e. issued by the Bank on account of loan). However the demand draft has not actually been encashed, as the loan was subsequently cancelled. However believing on the fact the DD will be encashed the seller signed the Sale Deed.Now as the amount is not actually paid, what ca n be the means to get the unpaid money? If in the suit for recovery of balance amount the buyer is unable to pay the remaining consideration, then what other relief can be provided by the court of law? The buyer got the loan sanctioned by concealing certain facts, so the DD was issued. However before the disbursement the Bank came to know of the facts and the loan got cancelled. That is how the DD could not be encashed. The Bank had issued the DD on the basis of certain facts. However certain important facts were concealed by the buyer from the Bank.Just before the DD could be encashed the Bank came to know the facts and they cancelled the DD. As a result the seller could not get the consideration. Case 2 Please my fellow mates i need urgent help on this    Mr. J sells and consigns certain goods to Mr. S for cash and sends the Railway Receipt to him. Mr. S becomes insolvent and while the goods are in transit, he assigns the Railway Receipt to Mr. N who does not know that Mr. S is insolvent. Mr. J being an unpaid seller wants to exercise his rights. Advise:    (a) whether Mr. J can exercise the right of stoppage of goods in transit ? b) would your answer be different if Mr. N was aware of Mr. J’s insolvency before the assignment of the Railway Receipt in favour of Mr. N ? (a)Mr. J cannot exercise the right of stoppage of goods in transist, because the goods are being taken by Mr. N in good faith and for consideration. (b)Yes, Mr. J in this case can exercise his right of stoppage of goods in Transit, as Mr. N has not acted in good faith. (Refer to section 27 of The Sale of Goods Act, 1930) Ref: http://www. caclubindia. com/forum/unpaid-seller-142227. asp#. UKXVHIdJNGQ

Elegiac Couplets Explained

Elegiac Couplets Explained An elegiac couplet is a pair of sequential lines in poetry in which the first line is written in dactylic hexameter and the second line in dactylic pentameter. The Roman poet Ennius introduced the elegiac couplet to Latin poetry for themes less lofty than that of epic, for which dactylic hexameter was suited. The typical meter of an elegiac couplet can be represented as:  ¯ ˘ ˘ |  ¯ ˘ ˘ |  ¯ ˘ ˘ |  ¯ ˘ ˘ |  ¯ ˘ ˘ |  ¯ x ¯ ˘ ˘ |  ¯ ˘ ˘ |  ¯ |  ¯ ˘ ˘ |  ¯ ˘ ˘ |  ¯ The first two lines of Ovids Amores I, which is written in elegiac couplets, can be scanned (a note on scansion in Latin poetry) as follows, where bolding marks the long syllables, the non-bold are short or anceps, dashes separate syllables, spaces separate words, and the ends of feet are marked by vertical lines: Ar-ma gra- | vÄ « nu-me- | rÃ…  vi-o- | len-ta-que | bel-la pa- | rÄ -bamÄ“-de-re, | mÄ -te-ri- | Ä  | con-ve-ni- | en-te mo- | dÄ «s.

Free Essays on Women And Ethics In The USAF

The company/organization that I will be discussing in regards to this module is the U.S. Air Force and how women face certain barriers within (i.e. promotion). Through my research, I found that â€Å"The Glass Ceiling† refers to the artificial barriers that women and minorities have to confront while trying to advance within their careers. The concept of the â€Å"glass ceiling† was created with the publication of the book â€Å"Breaking the Glass Ceiling† by Morrison et Al.’s, which brought the term â€Å"glass ceiling† into the lexicon in 1987. In the following years, the term came into wider usage, and the glass ceiling took off as a political issues. Today, it seems, it has become a routine practice to deny thousands of qualified women top level jobs, although being lauded for their performance. Some see the â€Å"glass ceiling† barriers toward women as nothing but an insidious form of sexual discrimination, in violation of law. A situati on which therefore should be corrected by application of affirmative action laws. According to a 2001 study commissioned by America by the Federal Glass Ceiling Commission, 97% of the senior managers of the Fortune 1000 Industrial and Fortune 500 are white, and 95-97% are male. This is occurring while 57% of the workforces are ethnic minorities, women, or both. Women constitute at the moment, 35% of the world’s labor force. The study also found that African, Hispanic(Latino), and Asian Americans do not earn the same pay for comparable positions., African Americans earning an astounding 21% less than their white counterparts in the same job. In this paper, I will relate all of this information to women who serve in the Air Force and some of the barriers they (we) face when it comes down to advancement within. Interest in the role of women in the military has been brought about by several different phenomena. The first, and probably the most powerful influence affecting women, consists of the socia... Free Essays on Women And Ethics In The USAF Free Essays on Women And Ethics In The USAF The company/organization that I will be discussing in regards to this module is the U.S. Air Force and how women face certain barriers within (i.e. promotion). Through my research, I found that â€Å"The Glass Ceiling† refers to the artificial barriers that women and minorities have to confront while trying to advance within their careers. The concept of the â€Å"glass ceiling† was created with the publication of the book â€Å"Breaking the Glass Ceiling† by Morrison et Al.’s, which brought the term â€Å"glass ceiling† into the lexicon in 1987. In the following years, the term came into wider usage, and the glass ceiling took off as a political issues. Today, it seems, it has become a routine practice to deny thousands of qualified women top level jobs, although being lauded for their performance. Some see the â€Å"glass ceiling† barriers toward women as nothing but an insidious form of sexual discrimination, in violation of law. A situati on which therefore should be corrected by application of affirmative action laws. According to a 2001 study commissioned by America by the Federal Glass Ceiling Commission, 97% of the senior managers of the Fortune 1000 Industrial and Fortune 500 are white, and 95-97% are male. This is occurring while 57% of the workforces are ethnic minorities, women, or both. Women constitute at the moment, 35% of the world’s labor force. The study also found that African, Hispanic(Latino), and Asian Americans do not earn the same pay for comparable positions., African Americans earning an astounding 21% less than their white counterparts in the same job. In this paper, I will relate all of this information to women who serve in the Air Force and some of the barriers they (we) face when it comes down to advancement within. Interest in the role of women in the military has been brought about by several different phenomena. The first, and probably the most powerful influence affecting women, consists of the socia...

Questions Assignment Example | Topics and Well Written Essays - 500 words - 18

Questions - Assignment Example ime when he got used to my presence he started letting me take some of the toys that weren’t his favorite, although I wasn’t allowed to take the favorite ones. When he realized that I didn’t insist on taking his toys he abandoned his greed and even started passing me some of his favorite toys. Approximately two hours had passed from the very first moment of our meeting to the moment he voluntary gave me his favorite toys. Probably the reason why it took so long for the toddler to socialize was that he was nurtured to be self-centered, though it wasn’t his natural condition because he easily got socialized when his parents weren’t present during the process of communication. Thus the best way for toddlers to learn socialization skills is to actually socialize them. If they start integrating into different groups of other toddlers (like kindergarten) or simply interact with people other than their parents, they will eventually learn the skills by them selves and will socialize more rapidly in the future. 3. A simple game I suggested for a 17 month-old toddler was to construct a small tower (from two to three stages) of ordinary wooden toy blocks. I explained to the boy what I wanted him to do and in the meantime I was showing how exactly he was supposed to construct the tower using the toy blocks. He absolutely got the task and started building the tower. However, sometimes it was quite difficult for him to hold the toy blocks and don’t drop them until he puts them on the right place. The skill he was supposed to learn was the skill to hold an object tight in his hands and be able to twist it to the exact side that he needed to put it down on another object. The toddler experienced certain difficulties with holding the toy blocks because it frequently happened that while twisting a block to the right side he dropped the object and ruined the entire construction. Notwithstanding the difficulties, he learned how to do it in another hour and eventually

Forensic Engineering Coursework Example | Topics and Well Written Essays - 2000 words

Forensic Engineering - Coursework Example However, little information has been offered on the engineering side and it is thus imperative to go through several of the speculations regarding the collapse of the building looking at the structural side of the matter. Engineers have stated that the major cause of the collapse for the building was due to the failure of certain components critical to the structure of the building. The engineers state that after the initial attack, there was the beginning of huge fires in the inside of the building. These fires were so hot that they made the joists of the building weak and consequently they failed to support the weight of the building leading to the immediate collapse (Bjorkman, 2013). The engineers of the building had carried out an appropriate job by making sure that they backed up the joists with concrete slabs. These slabs were important in that they assisted to ensure in case of tragedy such as the one that happened, the joists would have received assistance from the concrete. However, in this particular case, there was failure of the concrete to assist because they had already been demolished by the high impact caused by the crash of the airplanes that hit the building when the attack began (Eagar, 2013). The System of building used by the engineers that constructed the World Trade Centre used a method of building commonly referred to as tubular framing. The perimeter frames that were used to consteruct the building were embedded internally so as to prevent forces that may be caused by issues or rather natural calamities such as earthquakes. Earthquakes unlike the attack that took place are rather subtle on the top part of the building as opposed to the force that hit the building directly. Every floor of the building was made of tubular pipes that were meant to support it in the case of forces. However, they did not succeed in the case of the September attack that saw the building losing foundation from every floor and falling drastically. It