Friday, August 16, 2019
Conservation of natural resources and physical environment Essay
It is a fact that population growth or its decline is a resultant effect of both births and deaths or in some countries; immigration and emigration are indeed significant factors of this phenomenon. The carrying capacity as defined by specialists is that maximum number of persons that can be comfortably supported in a particular environment without posing any possible threats of depletion of the available resources in the near future. It thus not only considers space availability but also emphasizes on the importance of relating the numbers to the available resources as well as the potential of the earth system as a whole to support them (S. P. Hays, 1986). It is therefore important to realize that human beings are part and parcel of the worldââ¬â¢s ecosystem and its only valuable for them to preserve its best. The ecosystems has constantly undergone modifications by humans not only as a consequence of population expansion but also due to enhanced technological know how and human consumption. It is the human race that has in the past destroyed habitats, polluted his own environment that has adversely changed the atmosphere hence threatening global stability. Experts have further warned that these observable negative impacts could see the ecosystem undergo irreversible damages if not quickly addressed. Conservation of natural resources involves good management, wise and proper utility of the abundant earth resources by man (D. W. Ehrenfeld, 1972). Read more: Essay Aboutà Conservation of Natural Resources This is not only for economic reasons but also for the survival of the new generation to come. Wood and wood products for instance, form the fundamental economic gain from forests but it is also worth noting that most forest zones are the major water catchment points and since water is life, then, it is only fair to preserve forests so as to support life. The human race has therefore developed interest in the study of his environment with the intention of understanding it better. These studies have not been fruitless sine certain scientific fields like ecology which deeply analyses living organisms in relation to each other and their physical environment have significantly improved manââ¬â¢s understanding of the ecosystem by bringing out clearly the vital roles of specific organisms in the universe. Through this information, man has comprehended that his survival depends on the other part of the system as well. The principle ââ¬Å"Energy is neither created nor destroyedâ⬠suggests the capacity of the earthââ¬â¢s self renewal but also raises a particular concern over nonrenewable energy resources that are fast getting depleted! It is for this noble purpose that various nations have set up their own policies on environmental conservation with the major aim of achieving better and healthy lives for their citizens now and in the future. However some countries like Iraq and others in record have no restrictions to various areas considered ââ¬Ëspecialââ¬â¢ environmentally especially considering the fact that some wildlife in those parts are at a risk of getting extinct. This therefore brings the big debate on whether its really necessary to conserve our environment? Since the mid-nineteenth century, the globe has recorded increasing mean atmospheric temperatures, a phenomenon attributed to the emission at extremely high levels, of greenhouse gases. This warming trend has been traced to originate from human activities. As much as we are fast to point blame on industries and other businesses, research has it that everyone creates pollution through various activities that we undertake daily and therefore contribute to the level of greenhouse gases in the atmosphere. This is because every manufactured product finds its way to us and by all means leaves behind some carbon footprint however small (John Darabaris, 2007). Thus man being aware of the deadly impacts of this phenomenon on his environment is constantly struggling to reduce carbon footprint to he smallest possible amounts. Modern science has sophisticated instrumentation that can precisely predict harsh weather events that may result from global warming. Industrialization that has seen man adopt modern farming techniques, improved infrastructure amongst many other human practices is here to stay and even advance further, yet it must be controlled and channeled appropriately into activities that will not deplete the scarce resources. History has it that man, through industrialization, has enhanced erosion activities at the coast and affected the duration of planting seasons in many agriculturally dependant zones, thanks to the constantly warming globe. Human race is very much aware that if these trends persist, more destructive and violent storms are yet to be observed, dreadful and deadly diseases are also likely to attack depending on the new temperatures of the earth which may favor the existence of new pathogens. This not only poses human race at great risk but also predicts real danger to the vast resources that we have on earth. Permafrost for instance, is a major factor that controls several environmental processes and thus changes in nutrients, water content and even temperature will for sure have some effect on the soil composition (Bolter, M. 1999). It is also expected that a warmer globe will initiate more energy to be pumped into tropical storms hence developing stronger and more destructive and vicious storms. The warm condition also, according to scientific predictions, could make earth observe long periods of drought and this will definitely cause global food shortages. Such persistent drought conditions also put the globe at the risk of experiencing more wild fires that will destroy property and other natural resources. Wildlife is one of the most treasured natural resource not only because of its economic importance but also because of its aesthetic value and ecological significance. However, the current trajectory path traced by global warming effects could result into the extinction of rare planet species that would otherwise fail to adapt to the new environment due to the shift in ecosystem. The physical topography is not spared either since man now understands that the warming trend has significantly speeded the melting of polar ice bringing along with it severe and unbearable weather conditions. Science and engineering technology has significantly contributed to the advancement of humanity thereby increasing the understanding of our world, ambitions and inspirations, and our ability to satisfy our diverse needs in our lifetime (Clift, 1998). Our survival on the planet earth will indeed to a great extent depend on how we effectively relate to all the other living organisms and even to the physical environment. As much as man has been innovative, new technologies do come with diverse environmental challenges. The increasing world population for instance, has seen a significant rise in energy demand. A clean and reliable yet sustainable energy source is thus essential to meet this demand, the selection of which must be carefully made. Innovative solutions are therefore called upon from the concern industrial sectors, governments and even communities. Europe, America, China, India and other industrialized nations depend almost entirely on fossil fuels; the developing nations are reportedly increasing their consumption of the same! Arguably, the methods used to produce and consume these fuels are not the best and have significantly contributed to the destruction of the ecosystem. It is for this reason that man has used the available technology to develop alternative means of producing energy with minimal or no impact at all on the environment. Using this knowledge man has resorted to energy sources that are found naturally in the environment (Carroll, 1993). For instance, using solar panels has made it possible to harness solar energy safely into viable use. This is a significant step made in protecting and saving the environment since it does not cause pollution and is also considered an infinite source of energy. However, this invention came with its own challenges such as unpredictable climatic patterns especially in the twentieth century , a phenomenon associated to global warming thereby forcing man to diversify into other energy sources such as the nuclear energy, wind power, sea power amongst many others. Nuclear power alone has attracted many developed countries with most of them claiming it is the answer to the global energy crisis. The only controversy that arises on nuclear energy production is the after effects it has on the environment. Storing and effectively damping radioactive material for as long as a thousand years is still a threat to the environment and the planet at large. Most people are now aware of various threats resulting from environmental problems. Many people are reported to panic in some cases, though it makes them have a clear understanding of the necessity to conserve and protect the little we have or else face permanent destruction from the cruel nature we have created. Since we canââ¬â¢t afford to despair, this extraordinary times calls for extraordinary solutions that promises a better tomorrow. Experts have issued warnings about the changing climate for example, and our understanding is that we have the solution with us. Therefore, by taking individual responsibility, there is hope, these damages can either be slowed down or completely reversed (Engel, 1990). The current generation understands so well that the generation tomorrow will enjoy the natural resources we have today only if we live in a sustainable way and this is irrespective of whatever modernity dictates. Indeed, with this kind of rapid loss of biodiversity, the global community full of researchers and practioneers must move with speed before the situation gats out of hand (Jacobson 1995). By conserving the resources and managing them sustainably, the future is secure of having clean water, clean energy, clean air and even fertile soils for productive agriculture. Modern man has also realized that diversity in culture and biological diversity are greatly linked (Mc Neely, 1995). Different societies within this very globe possess very unique cultural practices, beliefs and knowledge about the environment that is very valuable especially in solving certain environmental problems. Redesigning industrial systems to obtain safe technology reduces waste and encourages recycling of refuse in biological lines. This is a concept full of hope that will see the world maximize the use of raw materials, reduce the consumption of energy and with minimal or no negative impacts on the environment (D. Worsher, 1977). Different cultures for example, find different uses of different plans which essentially constitute the ecosystem. By preserving the diverse or sometimes complex cultural practices and lifeways, biological systems will then be protected in the process. It is imperative to note that human beings have constantly adjusted and adapted to their environment almost simultaneously as it changes. This justifies the argument by scholars that ââ¬Ënature and culture are indivisibleââ¬â¢ and thus the necessity to narrow down human ecology to the analyses of socio-natural systems (Bennett, 1996). Due to fundamental shifts in the interrelationship between industrialization and the other part of the ecosystem, experts have identified possible radical changes that may accompany these historical moments and therefore suggested thorough rebuilding of all industrial systems. Mediterranean region for example, has been greatly eroded due to poor farming methods like overgrazing and deforestation. Siltation and salanization are also some observable effects from irrigation activity at the region (Hillel, 1991). Different regions thus have dispatched relevant authorities to help sensitize and educate the communities living around such valuable resources on the importance of conservation measures and proper management. Conservation of the environment is therefore not debatable if the treasured human race needs to protect its self against possible harm in the future. The rapid race at which global climate has changed, the ever expanding global population amongst many other critical environmental declines are some of the critical issues that need addressing as a mater of urgency. Intensive research work carried out by various scientific groups indicates for instance, that the world losses 22 million acres forest area yearly (Elizabeth, 2006). Similarly, very toxic chemicals find their way into the atmosphere yearly some of which last over decades in the environment. It is therefore very serious to realize that we are obviously threatened when our natural resources are threatened since we greatly depend as major sources of medicine, food, shelter, fuel, just to mention a few. Nature is known to be unforgiving and respects no boundaries; environmental problems threaten global economy, health and even security. The tropical forests which are rapidly disappearing hold the source of close to twenty-five percent of prescription drugs (George P, 1973). A world without energy, food, safe clean water or inhabitable environment exposes its people to political unrest as well as economic instability. This could see the world spend an enormous sum of money inform of peacekeeping, humanitarian aid or even in attempt to revive global markets. With this kind of understanding, man has realized the significance of working together with a lot of commitment by all countries to provide lasting solutions to fundamental problems and also offer sustainable management of the scarce natural resources. This indeed is an assurance of hope that promises better future to all the human society. References D. W. Ehrenfeld, (1972), Conserving Life on Earth; D. Worsher, (1977), Natureââ¬â¢s Economy; Roderick Nash, (2001). Wilderness and the American Mind, NY: Yale University Press,). R. Nash, (1982), Wilderness and the American Mind; NY. S. P. Hays, (1986), Conservation and the Gospel of Efficiency. Bolter, M. (1999). Consequences of Global Warming on Soil Processes in Arctic Regions, Polarforschung, 66, 1/2, 1-10. Jacobson SK (ed). (1995). Conserving wildlife: international education and communication approaches. New York NY: Columbia University Press. Noss RF. (1997). The failure of universities to produce conservation biologists. Cons Biol 11(6) Hillel, Daniel. 1991. Out of the Earth: Civilization and the Life of the Soil. Free Press. NY. Bennett and Flatley, G. W. , J. W. (1996) ââ¬ËUsing Contingent Valuation to Determine Australian Touristsââ¬â¢ Values for Forest Conservation in Vanuatuââ¬â¢. Economic Analysis and Policy 26 (2) Donald Worster, (1994) Natureââ¬â¢s Economy, NY: Cambridge University Press. William Cronon. (1991) Natureââ¬â¢s Metropolis. NY: Norton. Elizabeth Kolbert (2006). Field Notes on a Catastrophe: Man, Nature, and Climate Change. NY, Bloomsbury. Carroll, W. J. (1993). ââ¬ËWorld Engineering Partnership for Sustainable Development. ââ¬â¢ Journal of Professional Issues in Engineering Education and Practice, 119 Clift, R. (1998). Engineering for the environment: The new model engineer and her role. Process Safety and Environmental Protection. 76(B2)
Impact of sea power upon history Essay
Introduction ââ¬Å"The profound influence of sea commerce upon the wealth and strength of countries was clearly seen long before the true principles which governed its growth and prosperity were detected. â⬠(Mahan 2004) Water covers over three-fourths of the earthââ¬â¢s surface. The entire human civilization lives on the remaining one-fourth area of earth. And only 3% of the entire water present on the earthââ¬â¢s surface is fresh water. This leaves most of the remaining part of earthââ¬â¢s water area, as large salty water bodies everyone knows by the name of seas or oceans. These are the facts known to all, but few really come to know and appreciate the power that seas have wielded in the development of civilization. Before man ventured out into the sea for traveling, he was just a semi-barbaric creature, with limited trading and social skills. As humans decided to venture beyond to uncharted sea territories, and discovered new lands and newer civilization, the world started to get close and hence the progress of mankind, other than strictly in the biological sense, came into picture. But, progress was not the only thing which sea brought; sometimes it also brought diseases like plague and big destructive wars to people residing on its shores. This paper will analyze all these issues, and will attempt to look at the effects these events brought to the civilization as a whole. ââ¬Å"The history of Sea Power is largely, though by no means solely, a narrative of contests between nations, of mutual rivalries, of violence frequently culminating in war. â⬠(Mahan 2004) History of Navigation History of Navigation can be traced back to centuries. Merchants in Egypt and Mesopotamia used to build large commercial vessels to carry and trade goods, more than 5500 years ago. In Egypt, sea voyage are even recorded in hieroglyphics, which can be dated back to 3200 BCE. One can take this as the starting point to trace the beginnings of navigation as a commercial pursuit. The first Western civilization in history, which is known to have developed the art of navigation at sea were the Phoenicians, more than 4,000 years ago. The popular stories of Helen of Troy were all related to sea travel. Phoenicians were in fact the first to use Pole Star for navigation, according to some accounts. Still under overcast skies, the navigation was usually based on sheer guesswork and intuition, till in about 2000 years ago, when Chinese created the first magnetized needle compass. This technique spread across the world in about a thousand years. In 12th and 13th centuries the science of making proper nautical charts and celestial almanacs began. By the 15th and 16th centuries, aggressive exploration of the world of the world started with explorers like Columbus getting funds from their respective Emperors to explore and enslave newer lands (Spera & Strom 2002). Nevertheless, it is wrong to think that the early explorers used to sail into the unknown without any idea of their final destination. It is true though that while searching for a specific land or route, the explorers were often surprised at the new lands they discovered. This was because many times the country they were seeking was only known in legend or rumor, the most famous example being Columbus, in the recent times. While the entire world is now charted and studied thoroughly, sea does not hold any less influence. The destruction brought by Tsunami is a very recent event. And even Mahanââ¬â¢s lines about sea and war, mentioned above, still hold true, as the countries still are always protecting themselves against attacks from other countries. Famous Historical battles Countless battles have been fought over the sea shaping the civilization, by up throwing older empires and making newer one. One of the most famous older battles is the Battle of Thermopylae between the Greek and Persians, changing the course of the entire war. As is mentioned in the section above, the aggressive exploration started in the 15th and 16th centuries, to enslave newer and older countries. Before this the exploration of the sea was usually only trade-oriented. Many of the 16th century explorations were funded by the reigning Monarchs who wished only to increase their area of reign (Stafford 2005). Major battles that were fought in this period were between English, Dutch, French and Spanish Monarchy. The popular battles were the Anglo-Dutch war 1665-1667, war England and France against united Provinces 1672-1674, between France and the entire Europe in1674-1678, battle of the Spanish succession 1702-1713 i. e. The Sea battle of Malaga, Sea battles between Britain and Spain 1748, Seven years war which establishes the English Supremacy over the seas 1756-1763, Naval war in America and West Indies in 1778-1781 which led the way to the American Revolution etc (Mahan 2004). These wars led to the building and destruction of colonies, and in turn exposed the people in the colonies to a wide array of culture and newer ideas which were previously only prevalent in the Europe, and had led to them being superiors over other cultures. Diseases brought by sea. Diseases is not a term usually associates with the sea, even though the possibilities are huge. However, the most destructive spread of Plague can be attributed to the seas and trade routes. Plague is one of the most destructive as well as the most incomprehensible disasters for humanity. While there is no direct relation between sea and plague, yet the spread of plague with sea from one to other port cities is a very relevant domain. The earliest and the best documented history of Plague was that of the Justinianic plague in the mid-sixth century. The Justinianic plague generally followed trading routes and therefore, was especially brutal to coastal cities. This plague originated either in Ethiopia, moving through Egypt, or in the Central Asian steppes, where it then traveled along the caravan trading routes. Finally through either of these locations the disease quickly spread throughout the Roman world and beyond (Smith 1996). Another very infamous Plague closely resembling, but much more destructive was the Black Death in 1348. The effect of sea on Plague is even worse in this case. The Plague started in China and made its way west across Asia to the Black Sea by 1347. One theory states that a group of infected Tartars besieged a Genoese outpost on the coast. Tartars harassed the trapped townspeople by hurling the dead bodies of their comrades over the town walls spreading the epidemic among the Genoese. The panicked inhabitants fled the scene by ship showing up in the ports of northern Italy and bringing the Black Death to Europe (www.eyewitnesstohistory. com). Conclusion The effect of sea on mankind has both ââ¬â the positive effects of exchange of trade and ideas; and the negative effects of destruction and sometimes fatal diseases. One thing is clear however, no matter what the situation was, the mankind always managed to surge ahead learning newer things and forging newer relations. This has in the end brought only positive influences to the mankind in the longer run. References Books Mahan A. T, ââ¬Å"The Influence of Sea Power Upon Historyâ⬠, 2004, Gutenberg. Stafford J, ââ¬Å"Some Principles of Maritime Strategyâ⬠, February 16, 2005, Gutenberg Magazines Spera G, Strom S. R, ââ¬Å"The Back Page: A Brief History of Human Navigationâ⬠, Crosslink Volume 3, Number 2, 2002, http://www. aero. org/publications/crosslink/summer2002/backpage. html Journals Smith C. A, ââ¬Å"Plague in the Ancient World: A Study from Thucydides to Justinianâ⬠, The Student Historical Journal, 1996-97, http://www. loyno. edu/~history/journal/1996-7/Smith. html Websites ââ¬Å"The Black Death, 1348,â⬠EyeWitness to History, www. eyewitnesstohistory. com, 2001.
Thursday, August 15, 2019
Achieving Excellence through Unity Essay
ââ¬Å"One is said to be the loneliest number of all. â⬠It sounds cheesy but it does make sense. This passage though sounds good, seems different on how others understand . One in this passage, refers to the number, the volume, the physical being. One can signify being alone, solitude and seclusion, but if we would come to think of the other parallel of ONE, we might come up to these ideas : one means UNITY , one means TRIUMPH , one means TOP and one means EXCELLENCE. Our distinguished members of the board of judges, esteemed members of the academe, my fellow orators, beloved parents and friends, every day we face many moments of truth, daily choices that present us opportunities for excellent performance . But let me ask you two things, first, ââ¬Å"Do we really have the presence of excellence in our lives? ââ¬Å" Well, allow me to give you some points . We Filipinos are well ââ¬â known for being talented an enthusiast yet, we cannot escape from the fact that we are almost at the edge of the abyss of stagnation. The poverty , the never ending conflict in Mindanao , the immortality , high rate of criminality and the continuous declining quality of our education in the past twenty years, is this what we call excellence? And hereââ¬â¢s my next question, ââ¬Å"Are we really helping others to gain excellence by cultivating their talents ?â⬠We merely answer, yes, because we think that we are excellent if we have the talents , the guts, and the confidence to execute things through enhancing othersââ¬â¢ talents, we are helping them to become excellent ones . But we are wrong ! For excellence is not about the talent alone, in fact , the major of it has nothing to do with the talent . I t is a desire to share knowledge and to build a perfect vision of competence to cope with promising future. But sometimes we failed ; we failed to teach one another the competence we need. We are untrained in excellence which makes a man passionately desire to be a perfect citizen , who knows how to rule and to obey with justice andà wisdom. Now , whom can we blame ? To whom will we point our fingers ? ââ¬â TO NO ONE ââ¬â but to ourselves. Yes , we are . Ask me why? It is because we are part of each otherââ¬â¢s life. Remember, if someone was about to slip , someone else could catch him. But the question is, â⬠Do we exert some effort?â⬠Mesdames and Sir , please ask yourselves : How can ONE makes our lives?ââ¬
Wednesday, August 14, 2019
Defects of Consent Essay
A defect of consent is a situation where a partyââ¬â¢s declaration does not reflect his actual intent. This difference between declaration and intent may be caused by other parties,in order to make someone to form a contract with themselves. Fraud and Duress are this kind of defects. Roughly,fraud is deceiving someone by hiding certain facts or giving them a wrong impression/information in order to make them form a contract and duress is scaring or threatening someone to make them form a contract. If there is a difference between declaration and intent,which unintentionally resulted from the declarant,we can say there is an error. In some cases,both parties are mistaken about contract. Such defects are called ââ¬Å"Collective Errorâ⬠. In these situations,contract is formed by partiesââ¬â¢ true intent,not according to their false statements. Error In the TCO article 30,the law states that ââ¬Å"A party acting under an essential error when entering into a contract is not bound by it. â⬠Interpreting this article,we can deduce that essentiality is a key concept,since unessential errors will not affect validity of the contract. Some aspects of essential error are specified in TCO,but law does not limit cases of essential error with those articles. Unwritten states of essential error are determined by the rules of good faith. Error may occur in several ways: Error in declaration In the TCO article 31 the law sets forth: An error is deemed particularly essential in the following cases 1-Where a party intended to conclude a contract different from that to which he consented. A wants to sell 100 kilos of olive oil to B,but during the formation of the contract, A inadvertently states that he wants to buy 100 kilos of olive oil and B agrees the offer. -Where a party has concluded a contract relating to a subject matter other than the subject matter he intended. A wants to buy E branded good,but during the formation of the contract he states he wants to buy F branded good by mistake and is not aware of it. 3-Where a party declared his intent to conclude the contract other than the whom he intended to. A wants to send an offer via mail to B,but he writes a different adress and mail goes to C. C accepts the offer. 4-Where a party took a specific person into consideration as the other party in entering a contract but declared his intent to another. A is a nanny who wants to raise Bââ¬â¢s child C,but during the formation of the contract she stated the name of Bââ¬â¢s mentally deficient child D. A is mistaken about someoneââ¬â¢s identity,not someoneââ¬â¢s qualifications. Otherwise it would be error in motive,which shouldnââ¬â¢t be confused. 5- Where a party has promised to make a significantly greater performance or has accepted a promise of a significantly lesser consideration than he actually intended. Error in calculation of a simple nature do not affect the validity of the contract;but they should be corrected. A good should have 10. 000 dollars written on its label but accidently 1000 dollars is writtenon label. A buys the good for 1000 dollars. Error of Agents The law states in TCO article 33 that ââ¬Å"Where an offer to enter into a contract has been incorrectly communicated by a Messenger,translator or other agents or by any means,the provisions governing error are applicableâ⬠. Error of agents are counted as error in declaration. Mistranslation,misinforming,changes in the text during telegraphingâ⬠¦ are examples of such errors. Error by Considering a Demeanour as Consent When a partyââ¬â¢s action is considered as an offer or acceptance by another party,and the other party is right to consider this as such and forms the contract,contract will be valid. However mistaken party can put forward that he is mistaken and benefit from the provision of error in declaration. Texts signed without reading If a party signs a text without reading ,and is right to think that the text suits his intent,outcome is determined by the other partyââ¬â¢s knowledge about this intent. If the other party knows or has to know that text does not suit signerââ¬â¢s intent,contract will not have been formed and thus there will not be any need for provisions of error. On the other hand,if the other party does not know or have to know the signerââ¬â¢s intent,contract will be formed,but signing party by proving that the error is essential,can benefit from provisions of error in declaration. Signature in Blank One of the parties agree to sign in blank first,then allow other party to constitute the contract. If this contract formed later on has contents which do not suit signing partyââ¬â¢s actual intent,he can benefit from provisions of error. Error in Motive Error in motive is caused by an error in the formation of intent. On principle,error in motive is not essential. If there are conditions prescribed by the law,there is an essential error in motive. In TCO article 32,the law sets forth that ââ¬Å"Error in motive is not deemed as essential unless the mistaken party deems the motive as necessary basis for the contract and it is valid regarding the business affairs in good faith. Yet this rule is not applicable unless the other party is aware of this motiveâ⬠According to this article,error in motive is essential if the party deems this motive as necessary basis for the contact. This means the party is mistaken about a subject or qualifications of someone which affected his decision to form the contract. Error in material qualification,error in fact,error in legal status are examples of such mistakes. A wants to buy sculpor Bââ¬â¢s statue but in fact the statue is a replica. In this situation there is error in material qualification. A thinks he is assigned to a job in another city,so he rents a house in that city. He made an error in fact. A purchases a land to build a house,but does not know construction is forbidden on this site. He is mistaken about landââ¬â¢s legal status. Also if other party is or has to be aware of the motive,error is deemed as essential. This should be determined in the present case. Avoidability In TCO art. 30 the law stipulates that ââ¬Å"A party acting under an essential error when entering into a contract is not bound by it. â⬠However this is limited by TCO art. 39. The contract will be valid if the mistaken party does not abolish the contract in a year,beginning from the moment he realises his error. Good Faith Rules in Error Right to avoid is also limited by the law. The law states in TCO art. 34 that ââ¬Å"A person may not advance error in a manner in violation of good faith. In particular, the contract is considered to be concluded in a way that the party acting in error intended, in case the other party declares his consent to be bound by that contract. â⬠Violation of good faith mentioned in the first subsection may be like this: A person learns that he made an essential error about a contract which he concluded years ago. He wants to use his right to avoid just to damage other party. In that case he will not be able to benefit from provisions of error since it is a violation of good faith. Second subsection of this provision is particularly important. I wish to give a case in this point,in order to better explain it: A wants to buy a kilo of fruit for 2 Liras,but he is mistaken and accepts Bââ¬â¢s offer to buy a kilo for 3 Liras. Then A states his mistake to B,B immediately says he is ready to sell it for 2 Liras. In this situation A cannot put forward that he wants to nullify the contract,since he made an essential error. The contract is formed. Error by Negligence According to TCO art. 35 ââ¬Å"A party acting in error is liable for any loss arising from the nullity of the agreement where the error is attributable to his own negligence. However, there is no compensation if the other party knew or should have known of the error. In the interests of equity, the Court may, not exceeding the benefit of standart performance, award further damages to the injured party. â⬠The first subsection is about responsibility of partiesââ¬â¢ actions before the formation of the contract (culpa in contrahendo). Even a slightest negligence in error results in culpa in contrahendo,and in such situations damages will be compensated. According to the second sentence of this subsection,there will not be any compensations if the other party knew or should have known of the error. But this provision is not applicable to error of declaration,since if the other party knew or should have known the error in declaration,contract is formed according to the declarantââ¬â¢s real intent. Yet if a party knows or has to know other party made an error in motive,mistaken party will not have to compensate any damages even if he abolishes the contract. Amount of the damage that will be compensated,is the damage that would not exist if the contract would not be formed. This kind of damage is ââ¬Å"negative damageâ⬠. Benefit of the standart performance is named as ââ¬Å"positive damageâ⬠. According to the second subsection,judge may decide further damages. This ââ¬Å"further damageâ⬠is compensation of positive damage. Amount of positive damage that must be compensated may be some of the positive damage or all of the positive damage,determined by equity,but cannot exceed positive damage.
Tuesday, August 13, 2019
Human resource Essay Example | Topics and Well Written Essays - 1000 words
Human resource - Essay Example He is an authority on the matters of career development programmes. The other researcher namely Veerle Brenninkmeijer is the assistant professor at Utrecht University. She works in the department of social and Organizational Psychology. She has worked on the aspects of social comparison and burnout of employees. Wilmar B. Schaufeli is also the full professor of work and organizational psychology at the Utrecht University. The university is located in Netherlands. Mr. Schaufeli is also the visiting professor at the Loughborough Business School in the United Kingdom. He also works as a part time organization consultant. Roland W. B. Blonk got his education in the subject of Clinical Philosophy in the University of Amsterdam. Mr. Blonk has a doctorate on the treatment of outcome studies. He also holds a special chair at the Utrecht University on two different research papers. The article has been published as an online article in the 2014 Under Human resource management in Wiley periodi cals incorporated. Thus the article can be said to be a recent article in this field (Akkermans, Brenninkmeijer, Schaufeli, and Blonk, 2014). The article is based on the investigation into the effectiveness of careerSkills program which is a career development innovation that is based on the career competencies and Jobs methodology. The aim of the new program that has been developed is to stimulate career self-management and well being of the new employees in an organization. The researchers tasted the effectives of the program by testing the program on a homogeneous group of people. The career development of the individuals was studied by the researchers and the effectiveness of the career development programs specially the program that was tested by the researchers. The article that is given here shows the result of the research by the researchers in the field. The article in the online source is given with the analysis of the research in the field on the training and
Monday, August 12, 2019
Hospitality Management Essay Example | Topics and Well Written Essays - 500 words - 9
Hospitality Management - Essay Example All the team members are always willing to participate and contribute ideas when setting goals, objectives, targets, policy and procedures of the team. They also rely on and trust one another such that a member can share and value different ideas of other members. The team encourages effective communication, consideration of other viewpoints, and tolerance to confusion. The motto of the team is to seek alternatives that all members can agree, support and implement the decision of the team. The team uses a democratic leadership style that includes and engages all members of the team. It also employs a blend of intuitive and rational decision making approaches to have effective decision making. The team encourages valuing of a diversity of background and experience in the team, and contributions of a diversity of viewpoints to enable it have sound decisions and better solutions. In the case of a conflict, the team handles it openly and transparently to prevent grudges from building up and destroy team morale. Responsibilities and roles are clearly defined to help the team members fathom what they are supposed to do. This creates members commitment to the team that supports it success. The bond among members of the team allows them faultlessly to coordinate their work to achieve effectiveness and efficiency. The culture of the team inspires members to be open, positive future-focused, and transparent. With all these, the team can create a positive atmosphere that helps i t deliver success (Schermerhorn. 170). However, members have gone through some team dynamics and challenges that try to demotivate and demoralise them. For instance, a year after the team started a new team member caused friction with the established members and as a result, they tended to oppose any changes the member tried to introduce. Later on the wrangle was cleared up through communication of roles and responsibilities of each member. Also, at the
Sunday, August 11, 2019
Terminologies Essay Example | Topics and Well Written Essays - 250 words
Terminologies - Essay Example Better communication is mostly the reason as to why there is improved patient outcome, it enhances continued care of the patients which is better understood and communicated with ease among nurses. Further, it is essential in the development of nursing as a body of knowledge which build up to the establishment of nursing as profession with autonomy. However, using standardized nursing terminologies has a great impact on the relationship between nurses and other professional while taking care of the patients. There is a disconnection in communication more so when other professionals go through nurses documentation on a particular patient. Thus, this to some extent is likely to affect patient outcome negatively. It necessitates the institution to utilize more resources to educate other professional on the nurse terminologies used while taking care of patients. For instance, the hospital has to print posters and put on strategic positions to enhance the other professionalââ¬â¢s knowledge on the terminologies used by nurses (Wong, 2009). Moreover, it leads to much time wasted as one struggles to comprehend what the nurses are communicating thus compromising the patient care. Hardiker, N. R. (2011). Developing Standardized Terminologies to Support Nursing Practice. In Nursing informatics and the foundation of knowledge (pp. 111ââ¬â120). Retrieved from http://usir.salford.ac.uk/17895/1/Mastrian_chapter_7_Hardiker_-_pre-print.pdf Wong, E. (2009). Novel nursing terminologies for the rapid response system. International Journal of Nursing Terminologies and Classificationsâ⬠¯: The Official Journal of NANDA International, 20,
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