Strategic Management Essay Example | Topics and Well Written Essays - 500 words - 12

Strategic Management - Essay Example The model focuses on manufacturing hardware and software. This is mainly through contracting manufacturers such as Foxconn and also focusing on the integration of software in order to complete user experience (Hill & Jones 2013). However, the current expansion of its market has been supported by the changes in its business model. This is through changing its business model to accommodate selling of its products through the retail channel, playing the role of wholesaler, while also selling directly to its consumers who are located in different parts of the world. The Apple strategy to continue increasing its market share could not have been possible if the business model is only focused on a single market segment. For instance, the recent increase in the overall performance of the company in the market can be attributed to the support that emanates from the internal business model. Therefore, for the company to implement its strategy successfully, it must have a strong business model which is growth oriented. In order for the business to maximize its returns in this attractive market, focus should be on intensifying its competition levels in the market. This is through allocating funds to the marketing department in order to enable it to stage a strong campaign to persuade the customers to purchase the company’s products. The campaign should use audio, visual, and print media in order to reach all customers irrespective of their geographical location. The reason behind prioritizing the marketing of products is because increasing the level of production would not guarantee the company success if the customers are not aware of the existence of the product in the market. As a result, the financiers should prioritize making the company to be well known by the potential customers. This strategy would enable the firm to penetrate the market and position them strategically in the market. In

Liquid Based Cytology are they fail safe Essay Example | Topics and Well Written Essays - 2500 words

Liquid Based Cytology are they fail safe - Essay Example Infact, every nurse-patient encounter is unique and many nursing problems have no fixed solutions. Reflection is a very important and core part of nursing training and education. The current trends and advancements in the profession of nursing have forced the profession to look for effective measure of effective practice, the most important of which is reflective activity. Advances in the 21st century are seeing many new developments in the field of healthcare forcing the nursing faculty to reinforce effective and appropriate education. This becomes of primary importance by virtue of the nature of the profession nursing is. As such, the primary goal of nursing is to provide quality health care to patients. High standards of competence can be maintained by the nurses through appropriate evaluation and examinations of one's own activities and performance, through clinical reflection. Reflection is the process by which a person evaluates and examines one's own thoughts and actions. Refl ective practice is very essential for nursing clinical practice because it helps the nurse to understand, assess and learn through the experiences during clinical practice (Burns and Grove, 2005). ... Reflection using Gibb's model of reflection The frameworks make the process of reflection easy. There are many frameworks. Gibbs model is a reflective cycle which is a straight forward and recognized framework for reflection wherein it enables clear description of the situation of the patient, the analysis of feelings, evaluation of the experience, analysis to make sense of the experience, conclusion where other points are considered and reflection upon experience to examine what you would do if situation arose again. Description of the situation involves recollection of the condition of the patient, the signs and symptoms, and the initial evaluation parameters when the patient got admitted. Analysis of feelings involves evaluation of the feelings of the nurse towards the patient and also the feelings of the patient during the course of treatment. Evaluation of experience involves evaluation of the negative and positive actions of the nurse at that particular situation. Analysis invo lves evaluation of the impact of the actions of oneself on the condition of the patient, whether the actions cause improvement or deterioration of the condition of the patient. Description 40 year old Lucy (Name changed due to confidentiality reasons according to NMC code) was referred for cervical cancer screening. Lucy apparently had no health problems. She was mother of 3 children. She was accompanied by her husband. Lucy was apprehensive and nervous about the procedure. She had many doubts regarding the test. She asked me whether the test had any side effects, what were the benefits of the test, whether the test was fail safe and as to what would be the next step in case

The impact of an economic recession

The impact of an economic recession Abstract Purpose The aim of this report is to evaluate the impact of an economic recession on the current tendering practices of UK contractors. Design/methodology/approach An extensive literature review of the topic was undertaken to form the research hypothesis and a number of research questions. This was further developed through two interviews with industry specialists which formed the basis for cognitive mapping which when mapped can then assist in forming a questionnaire. A pilot study was conducted and upon receiving positive feedback the questionnaire survey was completed. Key findings The results show that clients and contractors are reverting back to type and that the advances made by the Latham and Egan reports has stalled as price has become more important than quality once again. Public sector contracts have been observed to offer considerable opportunities for contractors as the client has a triple A rating and the projects are typically long term which can help contractors to survive the recession. Implication for practice The construction industry cannot obstruct change but needs to embrace it and adopt and improve existing practices which can benefit all the stakeholders. Comparable to the Latham and Egan reports, a new report needs to be completed which can aid the construction industry so that the effects of this recession are felt for the shortest time possible. Originality/value The literature review and cognitive mapping provide a detailed insight into the topic but due to time constraints the quantitative analysis does not contain an adequate amount of responses to be relied upon. 1. Introduction The construction industry is constantly evolving as a result of; a levelling of the trade cycle, methods of placing contracts, increased emphasis on quality, experience and innovations, increased competition among firms and a change in clients buying behaviour (Yisa, Ndekugri Ambrose, 1996). In addition to the changing attitudes of clients in construction which was promoted by the Latham and Egan reports the economic climate has brought additional difficulties to the industry. Clients have become more advanced and are continually seeking improvements within the industry to meet there needs. They have also realised that during difficult times, they can use their dominance to acquire a better deal (Woods Ellis, 2005, pp.321). This report presents a study aimed at evaluating the impact of an economic recession on current tendering practices of UK contractors. The hypothesis of this research is; That the construction industry has adapted and improved in the last number of decades but will have to continue to do so in the face of new challenges. The research questions include; What are the main factors considered by contractors when deciding to tender and how does an economic recession alter these? e.g. Below cost tendering. How can lean construction, partnering and supply chain integration be used in construction to add value? How has a change in procurement methods been used to improve tendering practices in construction? It was decided to combine qualitative and quantitative research methods in order to receive a greater understanding of the topic. The approach employed is that qualitative research facilitates quantitative research by providing a hypothesis or assists measurement by suggesting questions (Oyedele, 2009). The hypothesis was established through reading relevant journals and this was developed further through carrying out two interviews which when mapped assisted in forming a questionnaire. This questionnaire was completed by a number of industry personnel in order to facilitate further analysis through factor analysis which followed on to regression analysis. The report provides a detailed analysis of relevant literature aswell as two detailed interviews with industry specialists. Due to time constraint however the quantitative analysis was limited to fewer questionnaires than would have been liked so the results are helpful but not to the standard that would be required for this report to be become significant to industry. A future quantitative analysis is recommended in order to make use of the work to date and complete the research. 2. Literature Review 2.1 Tendering Practices The construction industry has evolved greatly in the last number of decades and this has been mostly due to changes in the economy and how the construction industry and others viewed it. There was an obvious need for change following previous recessions and a common agreement that the industry was failing to meet all the stakeholders needs. 2.1.1 Construction Industry Reports The different reports which have been published in an attempt to improve the construction industry and consequently tendering practices are discussed by Cooke Williams and shown below in Figure 2.1. (Cooke Willams, 2009, pp.5). Naoum (2003, pp.72) highlights the Egan report which was published in 1998 and how it compares the construction industry to that of the 1960s manufacturing industry. This theme of the construction industry lagging behind its industry counterpart is evident in not only tendering practices but many other aspects (Emmitt Jorgensen, 2008). Lathams (1994) main focus was that there needs to be a win-win mentality between the client and the contractor whereas Egan (1998) focused on how quality and efficiency could be improved within the industry. This led to a more client focused approach which Oyedele Tham (2005, pp.53) feel aided in creating a more integrated process within construction. 2.1.2 Changing Client in Construction Awareness and competition between contractors has allowed the client to become more advanced and to seek improvements within the industry to meet there needs (Yisa, Ndekugri Ambrose 1996, pp.51). The client has realised that during difficult times, they can use their dominance to acquire a better deal (Woods Ellis, 2005, pp.321). The largest client for the construction industry at present is undoubtedly the public sector and this is discussed by RICS in their third quarter report for 2009 when they use the headline, Public sector workloads continue to support construction activity, (RICS, 2009). This fact was also noted by Naoum in 2003 when she noted that despite a decline in public spending the public sector was still the largest client, (Naoum, 2003). The changing face of the client can be traced back to the early 80s where there was a rapid privatization of government bodies such as the NHS, prison services, water services, schools, etc, (Yisa, Ndekugri Ambrose, 1996, pp.54). These clients sought further changes in tendering practices as their emphasis was on speed, value based services and cost-time-quality performance and a move towards partnering (Langford Fellows, 1993). 2.1.3 Current Tendering Practices (Edum-Fotwe McCaffer, 1999) discuss how tendering has transformed from the 1960s whereby private and public jobs were awarded solely on competitive tendering to a situation whereby a variety of issues are evaluated. There has been an industry wide shift from lowest price wins mentality to a multi criteria selection. Naoum (2003, pp.72) goes into further detail by outlining the disadvantages of using price-based competitive tendering. The traditional forms of contract have been adapted (JCT 98 standard form JCT 2005) to accommodate change in the industry but the Latham report regarded the NEC contract as having the best potential for achieving a positive outcome for all the stakeholders, (Cooke Willams, 2009, pp.7). The change in procurement methods are shown in the late 90s in Figure 2.3 (Yisa, Ndekugri Ambrose, 1996, pp.55). This change can be contributed to the need for a more integrated and less fragmented approach as the main contractor is managing both the design and construction activities and can promote contractor led innovation. Risk, which is increasingly important in a recession is being shifted away from the client and towards the contractor under Design Build and Private Finance Initiatives. 2.1.4 Decision to Tender A contractors decision to tender can greatly affect their balance sheet at the end of a year. Projects are becoming more expensive and time consuming to tender for and the factors which need to be considered are highlighted in Figure 2.4 (Cooke Willams, 2009, pp83-86). Hughes (2004) found that the average contractor will spend 3% of turnover on winning work. He also suggets that traditional competitive tendering is much more expensive than design and build as there is considerably more competition and a lower success rate. Walwork (1999) argues that there is equal importance between right project and right price in order to make a profit. Kometa et al, (1996, pp.273) evaluate the need for the clients financial stability to be discussed in greater detail. They draw attention to the risk of late payments or client insolvency. This point is highlighted by Shepherd (2009) when he states in a correspondence that; Undertaking such large tenders, where procurement costs are north of  £5m, takes a lot of thought and consideration. The client will have to show, for example, that they are organised and appear to be an efficient procurement authority. In a recession we will become a more discerning bidder as cash is tighter and projects more sought after. Happy to discuss more as is fit. Cheers, Andrew. 2.1.5 Below Cost Tendering Whitten (2009) writing for Construction News explained how The Civil Engineering Contractors Association has warned of an emerging trend of firms pricing below cost. They believe that for some organizations it is a matter of short term survival but that if it continues there will be an increase in disputes and a decline in investment in training and technology. Client and contractor relations have significantly improved in the last ten years but; will be stretched to breaking point if we see clients take advantage of the recession and of declining workloads to push for bargain base ­ment prices. Both Whitten (2009) and Scully (2009) argue the point that below cost tendering is unsustainable and will increase the risk of contractors facing insolvency. Reductions in material and plant costs have been exceeded by the drop in tender prices. Insolvencies are predicted to occur firstly among contractors who tender correctly but fail to win the contract and then among those who win the contract with unsustainably low bids (Whitten, 2009). 2.2 Impact of an Economic Recession on the Construction Industry A recession impacts on every sector but none more so than the construction industry as it is relies on large capital expenditure for its lifeblood. This results in a reduction in the number of projects along with an increase in the cost of borrowing to repay loans and pay wages (Ren Lin, 1996). RICS reported recently on their website (1st October 2009) that tender prices for new construction work will not rise until 2011 and that pre-recession levels wont be seen in the next five years. It was noted that if public spending was cut it would have a detrimental effect on the construction industry. 2.2.1 Economic Recession in Construction A recession can be caused by many factors but the underlying reason is high inflation. The construction industry is labour intensive and owing to unions demands for higher wages through government agreements, wages do not increase due to demand but social factors and move in one direction. This is the main cause of inflation in construction costs. Ren Lin (1996) illustrate this relationship in Figure 3.1.1 for the last recession of the late 80s and early 90s. The UK Governments policy has been to provide a fiscal stimulus by increasing spending on large public projects so as to inject money into the economy which will filter down through all sectors (McFall, 2008). Green (2009) forecasted that the recession will match up to the recession of the late 80s and early 90s but that it will recover quicker. Once again public spending is the underlining reason for the upturn but it is questioned whether the continuous spending can be sustained. The logical relation between high inflation which causes a rise in borrowing costs and a reduction in construction investment and thus a fall in the construction cycle is shown below in Figure 3.1.2 (Ren Lin 1996). 2.2.2 Lean Construction Supply Chain Integration Lean construction is an adaptation of lean industry which is used aggressively by large car manufacturers to great affect (Emmitt Jorgensen 2008). It is particularly relevant in a recession as it can be used at every stage and its main focus is to eliminate waste from the production life cycle so that value is added to each process, leading to lower costs, shorter construction periods and greater profits (Cartlidge, 2002). It is shown below in Figure 3.2 how lean construction can be applied to different sectors of the construction industry (Cooke Willams, 2009, pp.105). Lean construction benefits tendering as it promotes innovation and off-site production which reduces over all costs and provides increased quality to the client. Practices such as downsizing, out-sourcing, de-layering and re-engineering have been widely used within both construction companys and specific projects (Thorpe et. al., 1998). The use of sub contractors has increased as there is less overheads involved (Langford Male, 1992). The benefits of partnering can be applied to co-contracting (main contractor-sub contractor) and supply chain integration (contractor-supplier), (Edum-Fotwe McCaffer, 1999). This allows greater flexibility as both partners are working for a common goal and greater economies of scale can be achieved when tendering as contractors will have their own list of preferred suppliers or sub contractors which allows them to price new projects quickly and efficiently. As suppliers account for such a high percentage of building costs their involvement at an early stage should be welcomed as they can contribute new ideas, products or processes (Cartlidge, 2002). Green May (2005) propose that three models can be applied to the adoption of lean in construction: a lean model of waste elimination, partnering and structuring the context. 2.2.3 Partnering in Tendering Partnering has been widely adopted in tendering in the last number of years as it offers the opportunity for improving the project outcome aswell as benefiting the whole supply chain (Dozzi et al., 1996; Larson and Drexler, 1997). It utilizes each participants expertise and resources so that the required business objectives can be met or exceeded (Bennett Jayes, 1998). Cooke Williams (2009, pp.45) highlight the crucial elements of partnering which are reproduced in Figure 3.3 and they note that without all these elements, it is not partnering but merely an alliance. Partnering follows on from the previous sections as continuous improvement is achieved through lean construction, innovation and learning, problem resolution is promoted through use of the NEC3 contract and finally mutual objectives relates to a contractors decision to tender which is extremely important so that the appropiate parties are working together. The benefits to construction companies is that they can share the risk of tendering with another company who may otherwise be tendering against them and have expertise in a certain area which would otherwise have to be paid for. As highlighted previously, future spending in construction is heavily reliant on the public sector which following the Latham and Egan reports is trying to adopt a team-building approach which promotes partnering. Due to the economic recession in UK construction, companies have been using partnering to expand into global markets which have not been as widely affected. In a bid to reduce risk most companies form local partnerships so as to utilize local knowledge as well as reducing the costs associated with labour transfers (Edum-Fotwe McCaffer, 1999). While a more open relationship now exists between the different participants of a construction project Wood Ellis (2005, pp.324) estimate that it will still be some time before a fully genuine relationship exists as there is an engrained culture of mistrust and deception. Successful partnerships offer the opportunity for repeat work but the client must be assured that tenders remain competitive within the relationship of trust. 2.2.4 Strategic Tendering Project Mix Strategic tendering and project mix become even more crucial to a companies success during times of a recession. As the private sector feels the impact of a recession firstly and for a slightly longer period it is in a companys long term interest to carry out a more aggressive bidding policy towards the public sector (Ren Lin, 1996). Another advantage of the public sector is its transparency and openness during the tender stage. While the public sector may be susceptible to mal-practice, construction companies know that they will be impartially assessed and receive feedback under new regulations (Statutotory Instrument, 2006). Strategic planning can be very beneficial as it seeks to align a company in a certain direction. In todays climate contractors need to evalute the client when deciding to tender as many contractors have commenced work on a project only to instructed to withdraw as the funding has been restricted (Edum-Fotwe McCaffer, 1999). A number of contractors have also begun to take on jobs at cost or even a loss in an effort to win work with the chance of repeat work. Also this keeps the company name in circulation and also to hold onto valued staff that might otherwise have to be made redundant. Shepherd, the bid manager for Building Schools for the Future (BSF) is of the opinion that; Large procurement projects, such as BSF, lose some of the benefits of group procurement by being so expensive to procure. This creates a barrier to entry, which in some ways may affect the value in the procurement. The flip side is that for a contractor, you know you will be involved in a procurement process where you have a realistic chance of winning and that your scale delivers value. 2.2.5 Innovation Learning in Construction One of the most revolutionary changes in tendering has been the use of e-tendering which has been used most notably on the multibillion pound development for the Olympic Games in London 2012. Innovation in tendering can offer many advantages as it provide substantial resource savings to a major part of the supply chain, with the key benefits being enhanced communication, time savings and reduced costs (Stephenson Tindsley, 2008). IT has aided smaller companies in allowing them to compete with their larger counterparts in certain areas. Thorpe et. all (1998) argue that construction has yet to receive the full benefit of IT advancements compared to other industries. Due to the competitive culture in the construction industry, up until recently there has been a lack of organisational learning which promotes the sharing of knowledge and experiences between companies (Barlow Jashapara, 1998). There has been very little research into organisational learning but Poyner and Powells (1995) report emphasised its importance in providing competitive advantage which is especially relevant in an economic recession. 3. Research Methodology The research objective is to evaluate the impact of an economic recession on the current tendering practices of UK contractors. In order to receive a greater understanding of the topic we are combining qualitative and quantitative research methods. The approach employed is that qualitative research facilitates quantitative research by providing a hypothesis or assists measurement by suggesting questions (Oyedele, 2009). The research hypothesis was established through reading relevant journals and this was developed further through carrying out two interviews with industry specialists which when mapped can then assist in forming a questionnaire. A pilot study was conducted and upon receiving positive feedback the questionnaire survey was completed. Figure 3.1 Research Methodology. The literature review was sourced in the Queens, university library from textbooks, databases, journals, magazines and the internet. This source was particularly valuable as it allowed the author gain instant access to a vast array of websites, on-line articles, publications, current news etc. 3.1 Unstructured Interview Following on from the previous chapter, two unstructured interviews were completed by industry specialists. The main aim is to develop a greater understanding of the subject in addition to the literature review and to stumble upon any differences between the two. This type of interview has no set format beyond the opening question but the interviewer may have some key questions which they can use to keep the interviewee on the topic. The interviewer is receptive to the interviewees responses and the interview follows a conversational style. Both interviewees are employed by the largest privately owned construction company in the UK with offices also in India, Australia and the United Arab Emirates. The company has an integrated capability thus allowing a holistic view of construction. The first interviewee is a project manager who has experience of tendering with Lagan and Farran construction and is currently working alongside NIW on a large PFI project valued at approximately  £130 million. The second interviewee is a bid manager for on the building schools for the future framework (BSF). He is leading a team on a project worth over  £1 billion with a budget of  £5.6 million. 3.2 Qualitative Research Cognitive Mapping Yin (1989) observes that in qualitative research the broadest question should be stated so that data can be drawn from a number of sources such as: archival records, direct observation, documents, interviews, participant observation and physical artefacts. Qualitative research is any kind of research that produces findings not arrived at by means of statistical procedures or other means of quantification (Strauss and Corbin, 1990). The interviews form the basis for the cognitive mapping and allow a greater understanding of the subject. 3.3 Quantitative Research Questionnaire Survey Creswell (2003) explained quantitative research methods are used to test or verify theories or explanations identify variables to study, relate variables in questions or hypotheses use statistical standards of validity and reliability, and employ statistical procedures for analysis. The next step was to formulate a preliminary questionnaire based on the main topics raised in the literature review and interviews and this was used to conduct a pilot study. Slight modifications were made following the pilot study and a final questionnaire was produced which contains thirty eight factors that can be considered as significant in impacting on the tendering practices of UK contractors. In the questionnaire, the rating of the factors was done on a five point scale ranging from 1 to 5, where 1 represents strongly disagree, and 5 represents strongly agree. Respondents who had no opinion concerning the factors could select the answer of indifferent. The third section of the questionnaire will be used in our regression analysis and it involves establishing a relationship between the different factors of our analysis. The final section allows respondents to write additional comments on any outstanding issues which had not been brought up in the questionnaire but which they felt were important. A total of forty one respondents replied to the questionnaire and despite this being lower than was wished, due to time constraints the statistical analysis had to be completed nonetheless. Shown below in Table 3.1 are the total number of respondents and a breakdown of their characteristics. 4. Qualitative Results and Analysis Cognitive Mapping Cognitive mapping allows the analysis of large amounts of qualitative information and can be used to structure messy or complex data for problem solving. It is especially useful as a note taking method during interviews and assisting the process by increasing the understanding of the subject (Ackermann et al., 1992). Decision explorer is a tool which allows relationships to be pictured relating to a subject. Data entry is provided using concepts, which capture the core aspects of a notion. The concepts are then linked to show the relationship and factors of importance between ideas (Brightman, 2002). Figure 3.1 shows the three methods which can be used to question where a concept is leading towards. For the purpose of this analysis the method Action Outcome was utilized as it was felt that it is best suited to exploring the subject and discovering the goals/outcomes. Once completed, debate and reflection can then follow on the most important factors which have been established. 4.4 Analysis Discussion Using the maps in the previous section the main factors can be discussed and their influence on other concepts. 4.4.1 Central Concepts Analysis Central analysis reveals the concepts that have been linked the most times with other concepts and means that the concepts listed below have the greatest influence on the analysis. A central analysis was conducted and the following top five concepts were revealed: Change in Contractor Client Attitudes 20 from 39 Concepts. Contractors Using below Cost Tendering 19 from 35 Concepts. To Remain Lean and Competitive During the Recession 15 from 31 Concepts. Economic Recession 14 from 32 Concepts. Increased Likelihood of Repeat Work 14 from 29 Concepts All these top five concepts are directly related as the economic recession and change in attitudes has resulted in contractors using below cost tendering and lean construction to remain competitive during the recession with the increased likelihood of repeat work. The main issue/driver mentioned in the interviews was the economic recession which as stated in my literature review impacts severely on the construction industry as there is a reduction in the number of projects along with the cost of borrowing to repay loans and pay wages increasing (Ren Lin, 1996). This logical relation was explained in my literature review and is illustrated in Figure 4.1. The change in attitudes from both the contractor and client was also discussed with Latham (1994) trying to adopt a win-win mentality and Egan (1998) focusing on improving quality and efficiency and creating a movement for change. This change from the 1960s mentality whereby private and public jobs were awarded solely on competitive tendering to a situation whereby a variety of issues are evaluated (Edum-Fotwe McCaffer, 1999) has put additional pressure on contractors forcing them to retain quality and project time but reduce their tenders to below cost if necessary. Clients are having a greater participation and have requested a less fragmented approach which has resulted in a change of contracts to a more frequent use of design and build (Yisa, Ndekugri and Ambrose, 1996). Interviewee No.2 feels that clients are manipulating the current climate in order to get the same quality of work done cheaper whereas Interviewee No.1 is of the opinion that it is the contractors who are quick to adopt below cost tendering in an effort to hold onto staff as other projects are completed. The concept of remaining lean and competitive during the recession is extremely important and is discussed in great detail in my literature review. Cartlidge (2002) describes how lean construction eliminates waste so that value is added to each process, leading to lower costs, shorter construction periods and greater profits. The concept of leanness incorporates reduced bid frequency as overheads need to be reduced. Walwork (1999) and Interviewee No.1 both stress the need for contractors to select the right project which will then give a greater chance of success. Innovation can reduce costs through organizational learning (Barlow and Jashapara, 1998) but both interviewees felt that as overheads need to be reduced innovation should come from your supply chain which have budgets for research and development. As discussed in my literature review suppliers involvement should be welcomed at an early stage so that they can contribute new ideas, products, or processes (Cartlidge, 2002). Increased likelihood of repeat work was felt by Interviewee No.1 to come through partnering which allows a greater outcome for the whole supply chain (Dozzi et al., 1996; Larson and Drexler, 1997). A better outcome is achieved as the required business objectives can be met or exceeded (Bennett Jayes, 1998). Interviewee No.2 felt that early involvement with the client allowed links to be established thus leading onto repeat work. 4.4.2 Domain Concepts Analysis The domain analysis counts the highest number of links in and out of a concept and establishes connections with other issues within its immediate domain. It analyses local complexity but fails to examine the wider context of the subject. A domain analysis was conducted and the following top five concepts were revealed: 8 Links around 1 Change in contractor client attitudes 2 Contractors using below cost tendering 6 Links around 3 Increased public spending 4 Partnering and increased communication 5 To remain lean and competitive during the recession The previous central results determined the concepts with the greatest influence on the entire map and therefore it follows that these should have the highest number of links. Changes in attitudes, below cost tendering and lean construction were central to my literature review and interviews and this is why they have been highlighted here. The drivers for change are changing attitudes and below cost tendering with lean construction providing a number of strategies to improve through off-site manufacturing, innovative design and assembly, pre-fabrication, supply chain integration and pre-assembly (Cooke and Williams, 2009). The governments policy of increased public spending was noted by both interviewees and McFall (2008) in my literature review as offering a company strategy to survive the economic recession. RICS (1st October 2009) reported that tender prices for new construction work will not rise until 2011 and that if the public spending was cut it would have a detrimental effect on the construction industry. This is further supported in my literature review which states that strategic tendering and project mix is even more crucial during a recession. Ren and Lin (1996) judge that it is in a companys long term in

voyage of the damned :: essays research papers

Reaction for Voyage of the Damned Voyage of the Damned was a film based on the true-life ship, The Saint Louis, which departed from Hamburg, Germany with over 900 Jewish passengers. Their final destination was Havana, Cuba, which is where they would live until they received visa's to enter the United States. Before watching the film we read actual news articles from the voyage and wrote down facts that occurred throughout the couple of months the ship was at sea. Then when we viewed the film was compared the facts from the news articles and "fiction" from the film. Many of the situations portrayed in the film were correlated to the articles. The departure of the ship, the amount of time spent on the ship, the problems with landing in Cuba, the amount of money each person needed to obtain visas', the man's suicide on the ship, and many other facts were accurate when relating this story from fact to "fiction". Overall, when taking into account what we read and what we saw, there were only minor differences in concluding which is fact and which is fiction. For example, in the articles, an elderly woman was granted permission to get off the ship when it was docked in Havana. In the movie two young children were granted permission to get off the ship. Throughout this entire situation in both life and in the movie there were questions that needed to be answered. One of which was why were 1,000 Jews allowed to leave Germany? When they were on the ship, and weren't allowed to land in Havana, why didn't the captain just basically kick them off?

Memory Experiment

Seth Dennison and Jenna Snyder John Bryan Psychology of Gender 104 10/31/2012 Psychological Gender Experiment For our psychological gender experiment we chose to focus on the topic of memory differences between genders. At first we wanted to figure out if one gender had a better memory than the other, but then we also wanted to observe whether or not their memory showed better results when the objects were related to their gender.Therefore, the hypothesis we constructed was: If we group together gender related items, then that specific gender will memorize those items more than the other items, furthermore we predict that females will have a better memory than males. The design of our experiment consisted of randomly selecting participants from the ages of 18 and over who were hanging out at a sit down area next to Chipotle and Starbucks in Menifee.The experimental group was split into two parts: the male items and the female items, while the control group had non-specific gender ite ms. For the experiment we used a tray to place the items on, 15 non-specific gender items, 5 female related items and 5 male related items, as well as a towel to cover the items and pens and paper for the participants to write their results on. The way we assigned groups was by rotating the items after every two participants; in the case of a group of 2 or more people we would switch the items right after.The participants did not know that we would switch the items around and they were not aware that we had a bag full of different items. When we approached the participants we would ask them if they would take part in our project, then we explained the procedure of the ‘memory test’ and if they said yes we would escort them over to our table where they would write down their gender and age at the top of their paper and wait to start. Once the participants stated that they were ready, Seth started the timer while Jenna lifted the towel to display the items.We allowed the participants to have 45 seconds to memorize as many items as possible and once the time was up Jenna covered up the items while Seth started the 1 minute timer followed by the both of us watching the participants to make sure no one was cheating. During the one minute, the participants had to write down as many of the items that they remembered as possible. Once they were done we allowed them to view the items one more time so that they could see which items they remembered and which ones they forgot.After gathering the data from 24 participants we had 13 female participants and 11 male participants. In comparison of the experimental groups it was generally more common for woman to have the better memory. From the results gathered from the participants females on average would remember 11. 6, or 77%, of the items. On the other hand males on average would remember 11 of the items, or 73%. When it came to gender specific items females held an average of 3. 4 out of 5 items for feminin e items, or 68%, which is 9% lower then their overall average score.Males held an average of 2. 1/5 items for masculine items or 42%, which is 31% lower then their overall average. Though it is something to consider that the condom was almost always an item remembered among males. From the results we gathered our hypothesis was only half correct. Woman do have the better memory, even though it is a small margin. However it seems it does not matter if the items were related to the specific gender as the percentage of the time that those were specifically remembered were actually lower then each genders' overall score.

Life is not the Bed of roses Essay

Life is not the bed of roses neither it is the bed of thorns. A person is himself or herself responsible for making his or her life either the bed of roses or the bed of thorns. Success in every field of life never comes to you on its own. You have to strive hard to get to it. As the example of climbing the ladder says to reach to the top you have to climb every single step on the ladder, same is the case with the success of life. Success is not the ladder which can be climbed with your hands in the pocket. Happy and sad moments are the part of life. If sad moments are not faced, one can never realize the worth of the happy moments. Adversity is that great part of life which leads you towards the successful future. Adversity makes you stronger and enough capable to bear the entire crisis you face traveling through the different stages of life in order to make you stronger both mentally and physically. Hard times are like washing machines, they twist, turn and knock us around but in the end we come out cleaner, brighter and better than before. Life never waits for anyone, you have to come up and get it. Never think that if your facing pain or un-success than life becomes useless for you. As we say after every dark night there is a morning that comes up with full of light that brightens up your day. If you face crises than do think that the success is making its way to you. All you have to do is to urge harder to get through all the problems which surely will bring you closer to a better future. Never lose the hope as we say tomorrow never dies and always remember beautiful pictures are always developed from the negatives in the dark room.

Poverty and Urbanization in Developing Nations

Poverty and Urbanization in Developing Nations Absolute poverty can be defined as a severe deprivation of basic human needs, such as food, safe drinking water, clothing, and shelter. Someone who is considered to be in absolute poverty has the minimum level of income to be able to barely satisfy the needs of basic human survival. A good example of someone living in absolute poverty is someone living in a makeshift community such as a slum or shanty-town. Relative poverty is being below some relative poverty threshold, such as a "poverty line." An example of relative poverty is when poverty is defined as households who earn less than 45% of the average income. As far as relative poverty goes, if everyone's income in an economy increases, but the income distribution stays the same, relative poverty will also stay the same.Economic growth can lead to reduction of poverty, and reduction of poverty can lead to economic growth.UrbanisationThey are complementary to each other. For example, a growing nation will be able to increase produc tion of the poor, which, in-turn can create more equitable distribution for the nation. This also works the other way around; a more equitable distribution can lead to increased production of the poor, which can lead to higher growth. Raising the income of the poor can enhance their ability to produce (Access to credit, education, etc). Raising the income of the poor also widens the domestic market and may lead to the diversification of the economy. A wider participation in the economy enhances economic growth and developmentThe rapid rate of urbanization in the developing countries is a problem. In an urbanizing nation, urban populations begin to grow very rapidly. There is natural growth and rural-urban migration. Rural-urban migration occurs because people want to move to the urban cities for more jobs than a...

Gods Laws essays

Gods Laws essays The oldest profession in the world is not what would be commonly accepted in society. Before a woman had a chance to sell her body, people looked up at the stars and wondered what they were. They made figures out of the shapes they made. As we advanced through scientific research many other doors opened that allowed us to see what it was the earth is existing in. Our constant need to explain what is happening comes from our want to control. Knowledge is power, and nothing is more unexplained that the universe. Time is interlocked and must be understood if we want to accomplish a deep knowledge of the cosmos. Commonly it was thought that there was no such knowledge. The author Stephen Hawking had shown many otherwise. His books give a deep history and knowledge of how the universe exists. He also explains many others aspects of the cosmos and puts his works in an understandable writing style. He puts the largest accent on his studies of black holes. These are fascinating happening and the way to understanding the universe and several others can be found through the study of black holes. There are several features of black holes that makes them incredibly fascinating. The first one would be the common misconception of how noting can escape a black hole. This is true in most points. If nothing can escape them, how does one detect a black hole? Stephen Hawking discovered a fascinating aspect using anti-particle properties. He found that when matter is pulled into a black hole by gravity matter is constantly being pulled apart. This causes the anti-parties of matter to be throw away at incredible rates. This happens at consistent times. The large amount of gamma radiation let off by this is how Mr. Hawking now finds black holes. Another interesting concept of black holes is they are can be formed other ways than by the end of a stars life. Stephen Hawking and his associates found that any...

A Study Of Preoperational Stage As Given In Child Development Theory

A Study Of Preoperational Stage As Given In Child Development Theory The Preoperational Stage The Preoperational stage is one out of four Piaget Stages. It occurs during the ages of two to seven years. There are limitations to the child’s thoughts during this stage. What the child sees is automatically what is real, to them. This stage is a very visual stage for a child. During this stage, children have a lack of conservation, no identity constancy and egocentrism. There is a lack of conservation among children during this time of their life. According to Piaget, conservation is basically the amount of a substance remains the same no matter if it changed its shape or form. Children do not have the ability to understand â€Å"conservation.† An example of a children’s lack of conservation skills, is when a child is shown two glasses of milk with the same amount. Then the adult will pour one glass of milk into a larger, thin one. The child will usually say that the larger, thin glass of milk has more liquid than the first glass, when in fact they are both the same amount. Children cannot grasp the fact that a task can be reversed. Children during this age usually look at what they think looks the best. They will usually pick the item that is most visually appealing, which is called Centering. Centering will affect Class Inclusion: â€Å"the understanding that a general category can encompass several subordinate elements† (Bels ky 147). Kids will not look at the bigger picture, and will jump into conclusions rather quickly than an older person would. Conservation is something a child will learn, as they grow older. During this stage, children will not have identity constancy. Kids will not be able to know that a person wearing a costume is not real; but to them, it is real because that is what they see. They do not know that the person is still himself or herself on the inside despite what they see on the outside. Animism is also very prominent during this stage. Children believe that inanimate objects have feelings and abilities that humans do. I believe a lot of people can relate with this, having a teddy bear and thinking that it had feelings. And during the ages of two to seven, children also think that their parents or any grown-up has the ability to do anything. This is called artificialism. A lot of kids go through this stage in life, where they believe that humans are capable of doing impossible things. Kids just look at what they see and automatically believe it. Lastly, egocentrism is an important element during the preoperational stage. Young children do not know that other people have different beliefs or thoughts. They believe that everything revolves around them, but not in a conceited manner. Children during this age just do not have much awareness of their surroundings; they think that whatever they believe is what others believe, as well. Egocentrism among children does not last forever, because they will learn and gain awareness, as they grow older. During the preoperational period, children do not have much awareness and are egocentric, have no identity constancy or conservation. During the early years of a child’s life, they do not have the capacity to learn about their surroundings. A child’s thought process is a lot different than an older person’s. That is why they always say older people are wise. As a child grows older, they will have the ability to understand the world as a whole.

Amazon.com in the stock market Research Paper Example | Topics and Well Written Essays - 1250 words

Amazon.com in the stock market - Research Paper Example Additionally, it generates more revenue through promotional and marketing services such as cobranded credit agreements and online advertising. Amazon.com, Inc. operates in two market segments, which include North America and International (Miller et al. 8). This company achieved the publication rights, from Avalon Books, to over 3,000 books titles particularly in Mystery, Romance, and western categories, in June 2012. Amazon.com serves its customers through its retail websites. Its websites are designed in a way that enable the company itself and third parties to sell their products across a wide range of product categories. In addition to selling a number of products, this company also manufactures and sells kindle devices (Miller et al. 8). This company focuses on everyday shipping and pricing offers through its membership, in Amazon Prime. Its products are distributed to customers through several channels, which include digital delivery, co-sourced and outsourced programs in some countries, and through the United States and International fulfillment warehouses and centers (Miller et al. 22). The company is supported by its customer care centers that are distributed throughout the globe, which are backed up by co-sourced programs. Amazon.com offers arrangements that enable its sellers to sell their own branded websites and products through its websites (Miller et al. 23). The company does not benefit directly from the sells made by its sellers, but it earns revenue through revenue share fees, fixed fees, and per-unity activity fee. Independent publishers and authors are served through the company’s Kindle Direct publishing. This is a platform that enables publishers and independent authors to choose a 70 percent royalty option to make academic materials available in the Kindle Store (Miller et al. 17). The company also has its own publishing arm, Amazon Publishing, which offers independent authors another channel to publish their books. CreateSpace is another channel through which filmmakers, musicians, and authors sell their products. It offers manufacturing and on-demand publishing for independent publishers, music labels, content creators, and film studio. The North America segment consists of revenue earned from retail sales of consumer subscriptions and products through North America-focused Websites like www.amazon.ca and www.amazon.com. The North America segment also includes export sales from www.amazon.ca and www.amazon.com (Miller et al. 47). The international segment, on the other hand, consists of revenue from retail sales of consumer subscriptions and products through internationally targeted locations (Miller et al. 47). It also includes export sales from these internationally targeted regions, including export sales from the United States’ and Canada’s customers through these sites, but it excludes export sales from its Canadian and United States regions (Miller et al. 48). There has been a general do wntrend movement of amazon.com Inc’s share prices since September 15, 2012. For example, the share prices were at $252.01 on October 1, 2012. The stock prices increased significantly in the next four days and reached a high of $260.47, on October 04, 2012 (Teweles & Bradley 123). The share prices then assumed a down trend, in the next 24 hours, and closed at a low of $258.51, on October 05, 2012. The share prices then assumed an upward trend and reached a hig

Week 1 discussion Assignment Example | Topics and Well Written Essays - 1000 words

Week 1 discussion - Assignment Example One of the modern day’s innovations is a laptop. It is a portable computer, which has the capability of storing power for usage. It satisfies the innovative characteristic of novelty to the market arena (Shehabuddeen, 2007). Kocarey (2012) depicts that laptops are new products of the twentieth century, and constantly, new features are introduced in their design, an example is a webcam device (p.26). It is an example of a continuous evolutionary innovation. Bicycles are other examples of innovative products. Bicycle is a movable device, with two wheels, joined together by a straight metallic object, and navigated by use of a steering. There are many designs of bicycle products, and examples include mountain bikes, and utility bicycles. It is an example of a continuous evolutionary innovation. Its pace of innovation is high due to market competitions, and emerging needs. Photocopiers are an example of a revolutionary innovation. This is a machine that uses xerography or inkjet technology to produce copies of images (Deller et al, 2003). This kind of innovation satisfies the concept of market strategy as a characteristic of an innovation. This innovation amounts to risk taking since it introduces new technology into the market. Television set is an example of a continuous evolutionary innovation. A television set is electronic equipment that has devices such as a turner, speaker and a screen, for purposes of displaying a picture and a message (Deller et al, 2003). Over time, television sets have evolved from analogue to digital systems. One of the characteristics it displays is the intensity of the idea in place. The idea in place is a game changer, since digital productions are complex in nature, ensuring the production of high quality images. Mobile handsets are other examples of an innovation. This is an example of a continuous evolutionary innovation, and they emanate

Aristotle, Mill, Kant Essay Example | Topics and Well Written Essays - 250 words

Aristotle, Mill, Kant - Essay Example morals, Utility, or the Greatest Happiness Principle, holds that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness (Sharman, 2005)." Ideally, Mill’s concept of morality ultimately associates virtue with happiness. He believes that we first learn virtuous actions by linking them to pleasurable things. Mill’s supremacy of morality was founded on the basis of advocating for fairness in the legislation of Britain. Kant’s supreme moral principle states: "Act only on a maxim that you can will to be a universal law (Kant, 1964)." To put it simply, Kant believes that each one should act as if his actions are ultimately contributing to the universal law. He therefore approaches morality from the common sense approach. He believes that a god will is ultimately good. Kant (1964) believes that morality is the process of doing what the society generally permits as acceptable. Morality involves making rationalizations in order to end up with a decision on what is the right thing to do when in a dilemma situation. However, the rationalization must always be consistent with the moral law and in addition to that; it must also be done only for a moral

Accidental Overexposure of Radiotherapy in Costa Rica-Total Body Research Paper

Accidental Overexposure of Radiotherapy in Costa Rica-Total Body Response to Radiation - Research Paper Example In a 1991 report, the capital city, San Jose had about 1.11 million inhabitants. The Costa Rican social security system, which is mandated to provide medical cover, reported 90% coverage for the population. The life expectancy was reported to be at 75.2 years between the years 1990 and 1995. Integral in the treatment of cancer in Costa Rica are three hospitals which also act as referral centres for the different segments of the country. These include the San Juan de Dios Hospital, the Rafael Angel Calderon Guardia Hospital and the Mexico Hospital. Of significance and relevant to the case study is the San Juan de Dios Hospital which has radiotherapy facilities (International Atomic Energy Agency, 1998). During the month of July 1997, the international atomic energy association received an invitation from the government of Costa Rica to aid in assessment of overexposure of radiotherapy. This overexposure had occurred to patients in San Jose Hospital in Costa Rica. The initiating occurrence specifically happened at San Juan de Dios hospital in San Jose on the 22nd of August, 1996. This was after a radioactive carbon source, 60 CO was replaced. When the new source was standardized, an inaccuracy was made in the computation of dose rate. Consequently, this error led to administration of considerable higher radiation doses compare to the prescribed intake in terms of exposure (International Atomic Energy Agency, 1998).... e was no satisfactory explanation as to these large disparities in dose values, an expert was engaged to evaluate the possibilities of such differences. The expert was to assess the physical aspects of quality assurance in radiotherapy. Furthermore, the expert was also to verify degree of application recommended by the technical report series and those of compliance reports. The review was conducted between the 8th and 19th of July, 1996. Her report indicated that there were no records kept on the calibration of beams emitted by radiation machines. Additionally, the assessment showed that there was no information available on the specific equipment used to offer radiotherapy services. With working environment prevailing in tandem with dose determination procedures properly followed, the outcome obtained or the calculation of absorbed dose rate in a computer program was not easily verifiable. The computer program which was developed by the person in charge of dosimeter had errors of c lose to 5% in percentage dose values. Moreover, there was an error of approximately 2 centimeters in the optical distance indicator (Perez & Brady, 1998). Discrepancies of up to 8% within the calculated time found, for the same irradiation conditions, when a calculation method on the basis of percentage depth dose (PDD) and the tissue air ratio (TAR) was used. Initial examination indicated that similar absorbed dose rate value had been employed in both procedures. Consequently, revelation on confusion between the concepts of dose in air and dose in water at the depth of optimal maximization was eminent. Having underpinned and satisfactorily addressed these issues, the expert brought these findings to radiation oncologists at the hospital. These included thermo luminescence dosimeters dose

Story Script Assignment Example | Topics and Well Written Essays - 750 words

Story Script - Assignment Example I’ll call her right away. I don’t know yet, he wouldn’t tell me anything when we met. The receptionist said we can go right into the doctor’s office when we’re ready, though. He wants to talk to us about TYLER. It can’t be good news, MARK. I’m so afraid. I just want to see our little boy, to hold him and know he’s safe. Let me first say that I know you must both be experiencing great pain. I am so sorry to tell you that Tyler’s condition is extremely serious. The accident has caused severe head trauma. We have been trying to control the damage, but there is nothing more we can do to help Tyler. You must prepare yourselves: Tyler does not have long to live, no more than an hour. I am so sorry to be the bearer of this news. We truly mourn for you and your family, and wish there was more we could do. I know you must be very overwhelmed, but I have one more matter to discuss with you. Tyler has joined the Donate Life Registry (donatelife.net). He would like to give up his body and organs to help others after he is gone. However, the final decision regarding this is up to you as his remaining family. I know it is a difficult issue, and one that must be resolved quickly, but I will leave you as much time as I can. Please discuss this and I trust you will let me know as soon as you are able. Once again, please accept my deepest condolences. What, at the cost of putting aside your family again? Tyler should have been with you today, Mark. You should have put him first and picked him up from school. The last time he saw us together, we were arguing about who would pick him up. He That isn’t fair, Joyce! I admit that I didn’t always keep my priorities straight. But I love Tyler. He knows that. You know that. Yes, I regret today, and I always will. But who knows if I could have made a difference? Maybe I would have been in that car with Tyler and it still would have crashed. Maybe I

Aristotle, Mill, Kant Essay Example | Topics and Well Written Essays - 250 words

Aristotle, Mill, Kant - Essay Example morals, Utility, or the Greatest Happiness Principle, holds that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness (Sharman, 2005)." Ideally, Mill’s concept of morality ultimately associates virtue with happiness. He believes that we first learn virtuous actions by linking them to pleasurable things. Mill’s supremacy of morality was founded on the basis of advocating for fairness in the legislation of Britain. Kant’s supreme moral principle states: "Act only on a maxim that you can will to be a universal law (Kant, 1964)." To put it simply, Kant believes that each one should act as if his actions are ultimately contributing to the universal law. He therefore approaches morality from the common sense approach. He believes that a god will is ultimately good. Kant (1964) believes that morality is the process of doing what the society generally permits as acceptable. Morality involves making rationalizations in order to end up with a decision on what is the right thing to do when in a dilemma situation. However, the rationalization must always be consistent with the moral law and in addition to that; it must also be done only for a moral

Story Script Assignment Example | Topics and Well Written Essays - 750 words

Story Script - Assignment Example I’ll call her right away. I don’t know yet, he wouldn’t tell me anything when we met. The receptionist said we can go right into the doctor’s office when we’re ready, though. He wants to talk to us about TYLER. It can’t be good news, MARK. I’m so afraid. I just want to see our little boy, to hold him and know he’s safe. Let me first say that I know you must both be experiencing great pain. I am so sorry to tell you that Tyler’s condition is extremely serious. The accident has caused severe head trauma. We have been trying to control the damage, but there is nothing more we can do to help Tyler. You must prepare yourselves: Tyler does not have long to live, no more than an hour. I am so sorry to be the bearer of this news. We truly mourn for you and your family, and wish there was more we could do. I know you must be very overwhelmed, but I have one more matter to discuss with you. Tyler has joined the Donate Life Registry (donatelife.net). He would like to give up his body and organs to help others after he is gone. However, the final decision regarding this is up to you as his remaining family. I know it is a difficult issue, and one that must be resolved quickly, but I will leave you as much time as I can. Please discuss this and I trust you will let me know as soon as you are able. Once again, please accept my deepest condolences. What, at the cost of putting aside your family again? Tyler should have been with you today, Mark. You should have put him first and picked him up from school. The last time he saw us together, we were arguing about who would pick him up. He That isn’t fair, Joyce! I admit that I didn’t always keep my priorities straight. But I love Tyler. He knows that. You know that. Yes, I regret today, and I always will. But who knows if I could have made a difference? Maybe I would have been in that car with Tyler and it still would have crashed. Maybe I

Dora the Explorer Essay Example for Free

Dora the Explorer Essay The series centers around a Latina girl named Dora Marquez with a love of embarking on quests related to an activity in which she would like to partake or some place that she wants to go, accompanied by her talking purple backpack and anthropomorphic monkey companion named Boots (named for his beloved pair of red boots). Each episode is based around a series of ritualistic events that occur along the way during Doras travels, along with obstacles that she and Boots are forced to overcome or puzzles that they have to solve (with assistance from the viewing audience) relating to riddles, the Spanish language, or counting. Common rituals may involve Doras encounters with Swiper, a bipedal, anthropomorphic masked thieving fox whose attempts at stealing the possessions of others must be prevented through fourth wall-breaking interaction with the viewer. However, on occasions where Swiper succeeds in snatching the belongings of other people, the viewer is presented with the challenge of helping Boots and Dora locate the lost items. Another obstacle involves encounters with another one of the programs antagonists; the Grumpy Old Troll dwelling beneath a bridge that Dora and Boots must cross, who challenges them with a riddle before permitting them the past that needs to be solved with the viewers help. Known for the constant breaking of the fourth-wall depicted in every episode, the audience is usually presented to two primary landmarks that must be passed before Dora can reach her destination, normally being challenged with games or puzzles along the way. The episode always ends with Dora successfully reaching the locale, singing the We Did It! song with Boots in triumph. On numerous occasions, television specials have been aired for the series in which the usual events of regular episodes are altered, threatened, or replaced. Usually said specials will present Dora with a bigger, more whimsical adventure than usual or with a magical task that must be fulfilled, or perhaps even offer a series of different adventures for Boots and Dora to travel through. They might be presented with an unusual, difficult task (such as assisting Swiper in his attempts to be erased from Santa Clauss Naughty List) that normally is not featured in average episodes, or challenge Dora with a goal that must be achieved (such as the emancipation of a trapped mermaid). Sometimes, the specials have involved  the debut of new characters, such as the birth of Doras superpowered twin baby siblings and the introduction of the enchanted anthropomorphic stars that accompany Dora on many of her quests.

Doctrine of Impossibility in Contracts

Doctrine of Impossibility in Contracts Introduction This essay will consist in an attempt to analyse the doctrine of impossibility and its operation in relation to contracts. It will look closely at both the concept of initial impossibility arising from a common mistake on the part of both parties as to the state of things before the contract was agreed and the concept of subsequent impossibility and frustration. The latter deals with a situation whether the parties enter into agreement on terms both express and implied and then a supervening event renders the performance of that agreement radically different from that which was envisaged by both parties at the outset. These themes will be discussed in greater detail in the first section and will run throughout the work. The essay will examine the concept of objective and subjective impossibility, and the rules relating to discharge of contractual obligations and allocation of risk. It will look at the situation when either the subject matter or a thing essential for performance is de stroyed or unavailable, either partially or completely. It will then look at how the death or supervening incapacity of a party will affect a personal contract. Towards the latter part of the essay, it will discuss the problems that arise when a method of performance becomes impossible or a particular source becomes unavailable. It will conclude by looking at the effect of delay and temporary impossibility on a contract. The concept of impossibility The concept of impossibility in contract law can be split into two distinct categories. There are the cases where the parties never actually reach a true agreement because they are mistaken as to some element of the contract before the contract is concluded and the cases where the contract becomes impossible to perform subsequent to the agreement having been reached. Generally speaking, in the first instance, the contract is void ab initio and in the second, an otherwise valid contract is brought to an end from the point when the impossibility arises. A basic example to illustrate the difference would be a contract for the sale of a car. If unknown to the parties, the car had blown up 5 minutes before the contract was signed the contract would be void ab initio, whereas if the car blew up 5 minutes after the contract was signed, the contract would be valid, but brought to an end by the fact that its subject matter no longer existed. Essentially the courts are implying into the contra ct a condition precedent that the subject matter exists and is capable of transfer. This concept of implied condition precedent has been regarded with considerable scepticism among commentators in light of the traditional common law view that the courts should neither make nor amend a bargain. The main problem arises when dealing with the first type of impossibility. It is not always entirely clear how the courts will formulate the implied condition precedent. Smith and Thomas suggest three possibilities: A impliedly promised B that the thing existed. A impliedly promised B that he had taken reasonable care to ascertain that the thing existed. A and B proceeded on the common assumption, for which neither was more responsible than the other, that the thing existed and its existence was a condition precedent of the contract.[1] Which of these options it will be, depends largely on the relative means of knowledge of the parties and whether one is relying on the other. This will be discussed at length through the course of the work. It also may be that on proper construction of the contract either, or both of the parties have made absolute promises. In that event, the courts will not excuse non-performance for either type of impossibility. There are also cases where the contract has not become entirely physically or legally impossible, but an event has occurred which â€Å"strikes at the base of the contract so as to frustrate its purpose.†[2] This is commonly referred to as frustration and it operates as a form of subsequent impossibility. Objective and Subjective Impossibility The contract will have to be objectively impossible to perform before it is held to be void. The case of Thornborow v Whitacre (1705) 2 Ld Raym 1164 held that a party cannot escape liability on the grounds of impossibility purely relating to his individual ability or circumstances. Neither will he be discharged from his obligations simply because he finds the contract particularly difficult or onerous to perform: â€Å"It is not hardship or inconvenience or material loss itself which calls the principle of frustration into play†[3] Subsequent impossibility will similarly not excuse the parties from performance if it was brought about by the conduct of one of the parties. The case of Southern Foundries (1926) Ltd v Shirlaw [1940] AC 701 held at 717 per Lord Atkin: â€Å"†¦conduct of either promisor or promisee which can be said to amount to himself of his own motion, bringing about the impossibility of performance is in itself a breach.† Clearly, any impossibility that can be attributed to either party will be considered a breach of contract and the defaulting party will become liable in damages in the usual way. Where the impossibility brought about by one of the parties existed at the time of the contract he is likely to be held to have warranted possible performance of the contract and held to be in breach of that warranty. As discussed above it is sometimes possible for the courts to hold that a party made an absolute promise and therefore accepted the risk of the fact that the contract might be impossible to perform. Whether a contract is considered to be absolute will be a matter of objective construction of the terms of the contract. If the contract is held to be absolute, the party will be held to his performance whether or not the impossibility is his fault or not. In the case Paradine v Jane (1647) Aleyn 26 a lessee was held liable to pay rent even though he had been evicted from the property by armed forces during the civil war. A lease is a type of contract that is commonly regarded as being objectively absolute without reference to the subjective intentions of the parties. Overall the contract must be objectively impossible to perform, the subjective views of the parties as to their circumstances and their personal ability to perform the contract will not usually be taken into account. Similarly, if a party is active in bringing about the impossibility the contract will not be seen as objectively impossible, but as having been breached. Conversely, some contracts will be held to be objectively absolute and the subjective intentions of the parties in forming the contract and their level of fault in bringing about the impossibility of performance will not be relevant. Destruction of the Subject Matter In the case of Taylor v Caldwell (1863) 3 B S 826 the claimants granted the defendants the use of a music hall and gardens for a series of music concerts. After the contract had been concluded, but before the concerts had begun the music hall was destroyed by fire and the concerts could no longer be held there. The claimants argued that the defendants were in breach of the contract for failing to provide the music hall and sought to recover  £58, which they had spent on advertising the concerts. The courts however held that the contract had become impossible to perform and was therefore frustrated. Both parties were therefore released from their obligations under the contract. In coming to this conclusion Blackburn J referred to the dicta of Pothier[4] stating that: â€Å"The debtor is freed from obligation when the ting has perished, neither by his act nor his neglect and before he is in default, unless by some stipulation he has taken on himself the risk of the particular misfortune which has occurred.† He recognises that the civil law is not binding on English Courts, but states that it is a useful indicator of the principles on which the law is grounded. Blackburn J also refers to a line of authority involving bailment. For example the case of Williams v Lloyd W.Jones 179 the claimant had delivered a horse to the defendant on the condition that it be returned on request. Without fault on the part of the defendant, the horse became sick and died and was therefore not able to be returned on the request of the claimant. It was held that bailee was discharged from his promise by the fact that the horse had died. Blackburn J stated that it was a settled principle of English law that in contracts for loans of chattels or bailments, if the promise of the bailee or borrower to return the goods becomes impossible because the goods have perished through no fault of his own, the bailee is excused from this promise. It is noted that in none of the cases relating to bailment was it expressly agreed that the destruction of the subject matter would release either party from their obligation, â€Å"the excuse is by law implied† [5] This principle established in Taylor and subsequent cases[6] is now contained in section 7 of the Sale of Goods Act 1979 â€Å"Where there is an agreement to sell specific goods and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is avoided.† Partial Destruction of the Subject Matter It is interesting to note that the contract in Taylor was for the use of ‘Surrey Music Hall and Gardens’. It was therefore only part of the subject matter that was destroyed by the fire; the gardens were still in tact. However, it was held that the destruction of the music hall rendered performance of the contract impossible. This implies that when part of the subject matter is destroyed the courts will investigate the purpose of the contract. If the part that is destroyed renders that purpose impossible the contract will be held to have been frustrated by its destruction. Discharge and Rules Governing Risk As discussed above a contract, which is the subject of a mistake made by both parties prior to its formation that makes performance impossible, will be void ab initio. This is not the case if the impossibility arises after the formation of the contract, i.e. the contract is frustrated. In that event, the contract is said to be discharged from the time when the frustrating event arose. The parties are discharged from any future performance without having to elect that that will be the case.[7] Where the core of the contract is the happening of some future event and that event is cancelled the time of frustration will be the time when the cancellation is announced. In the case of Krell v Henry [1903] 2 KB 740 the defendant hired a flat on Pall Mall to watch the coronation procession of Edward VII, though this purpose was not expressed in the contract. The procession was cancelled before the formation of the contract, but the announcement was not made until after the contract had been a greed. If the contract is severable, it may be that only part of the contract is frustrated and the other parts remain in force. It seems that even when an entire contract of sale is held to be discharged because it has become impossible to deliver some of the goods, the buyer can ‘waive’ this and demand delivery of the rest of the goods. This was the case in HR S Sainsbury Ltd v Street [1972] 3 All ER 1127. Supervening events may also make the suspend the contract without actually discharging it.[8] Temporary impossibility will be discussed in greater detail in a later section. Furthermore, illegality may frustrate a minor obligation without discharging the entire contract. The implications of things like this for a potential doctrine of partial frustration will also be discussed later. The essay will now go on to look at who should bear the risk and hence the loss of a frustrating event. For a long time it was thought that the losses resulting from the frustration of a contract should lie where they fell. This led to the conclusion that any money paid before the frustrating event occurred was irrecoverable and conversely any money already due under the contract for services provided was enforceable. In the case of Chandler v Webster [1904] 1 KB 493, CA, a room was hired to view the coronation procession, the price being payable immediately. When the procession was cancelled,  £100 had been paid on account. It was held that the contract was frustrated thereby releasing the parties from further performance, but leaving promises performable before the frustrating event still standing. On the other side a party who had only partially performed the contract could not recover anything for his services even when he had conferred a benefit on the other side.[9] It is pos sible however that a party who, after a frustrating event, takes reasonable steps to protect the other party’s interest will be entitled to recover remuneration for his expenditure on a restitutionary quantum meruit basis. This was the case in Socià ©tà © Franco-Tunisienne dArmement v Sidermar SpA [1961] 2 QB 278[10]. Until 1942 it was also considered that there could be no recovery for total failure of consideration. This was on the basis that up until the point of frustration the party who had paid any money had the benefit of a executory contractual promise and that was consideration enough[11]. However, in the case of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1943] AC 32 the House of Lords held that a party could recover where there had been a total failure of consideration. This was an improvement on the Chandler position discussed above, but two principle defects in the law remained. The first was that the principle only applied when there was a total failure of consideration; where there was a partial failure the claimant could not recover anything.[12] The second defect was that the payee could not set off any expenditure that he had incurred in the performance of his side of the contract. These defects were rectified by section 1(2) of the Law Reform (Frustrated Contrac ts) Act 1943. The subsection states: â€Å"All sums paid or payable to any party in pursuance of the contract before the time when the parties were so discharged (in this Act referred to as â€Å"the time of discharge†) shall, in the case of sums so paid, be recoverable from him as money received by him for the use of the party by whom the sums were paid, and, in the case of sums so payable, cease to be so payable: Provided that, if the party to whom the sums were so paid or payable incurred expenses before the time of discharge in, or for the purpose of, the performance of the contract, the court may, if it considers it just to do so having regard to all the circumstances of the case, allow him to retain or, as the case may be, recover the whole or any part of the sums so paid or payable, not being an amount in excess of the expenses so incurred.† This deals with the defects in the common law by stating that monies paid before the frustrating event are recoverable, sums payable prior to the time of discharge cease to be payable and the payee is entitled to set off expenses reasonably incurred in their performance of the contract. Goff and Jones note that whilst the Act does deal in outline with the deficiencies of the common law it does not completely resolve the issues.[13] For example, the Act does not say what principles the court ought to employ to decide how much the payee is entitled to set off. In the case Gamerco SA v ICM/Fair Warning Agency Ltd [1995] 1 WLR 1226 Garland J felt that the court’s task was to: â€Å"†¦do justice in a situation which the parties had neither contemplated nor provided for, and to mitigate the possible harshness of allowing all loss to lie where it has fallen.† Section 1(2) does permit the payee to recover or retain more than he has been paid up to the tine of frustration. I.e. for expenses incurred in expectation of future payment. They may be able to recover such expenditure under section 1(3), which takes effect when one party has conferred a valuable benefit on the other party (other than money) before the time of discharge. In that event, he will be able to recover a just sum, which shall not exceed the value of the benefit conferred. Robert Goff J held in the case of BP v Hunt [1979] 1 WLR 783 that there were two steps to assessing a claim under section 1(3), the first was identifying and valuing the benefit conferred. Goff J held that usually the benefit would be the end product of any services. In some contracts the services were the end product themselves, for example, a contract for the transportation of goods. He held that if the end product is destroyed by the frustrating event then no benefit is conferred because the other party does not have the product either. This interpretation has been heavily criticised as failing to give effect to the intention of the Act.[14] This section of the Act was intended to mitigate against the harsh consequences of the common law rule of ‘entire obligations’. In the case of Appleby and Myers (1876) LR 2 CP 651 the claimants contracted to make machinery in the defendants factory and to maintain the machinery for two years. Payment was upon completion of the wor k. After part of the machinery had been erected, a fire destroyed the whole factory and all the machinery. The claimants could not recover anything, as they had not completed the work. Goff J’s interpretation of section 1(3) would lead to the same result. However, this interpretation has also been adopted in the Commonwealth[15]. It does appear to accord closely with the wording of section 1(3), which draws a distinction between the performance by on party and the benefit conferred on the other. This implies that the claimant must actually have received the benefit of any performance on the part of the defendant before the defendant can recover or retain any money. The second step Goff J laid down was the measurement of a ‘just sum’. Contractual allocation of risk will of course be a factor. Goff J thought that it ought to be as much as is necessary to prevent the unjust enrichment of the other party. This approach was rejected by the Court of Appeal in the same case, who simply held that it was in the almost unrestricted discretion of the trial judge. In conclusion, the Act is sadly deficient in its guidance as to the allocation of risk and loss between the parties to a contract that has been discharged for frustration. It is possible for the parties to allocate the risks contractually. This is one of the main reasons that the courts have kept a tight reign on the doctrine of frustration. Parties are expected to be able to foresee the possibility of dramatic price increases and the outbreak of labour disputes etc. Contracts therefore regularly include clauses which allocate the risk of such an unforeseen event occurring. One common example is a ‘force majeure clause’. In the case of Channel Island Ferries Ltd v Sealink UK Ltd [1988] 1 Lloyd’s Rep 323 the relevant clause stated: â€Å"A party shall not be liable in the event of non-fulfilment of any obligation arising under this contract by reason of Act of God, disease, strikes, Lock-Outs, fire and any accident or incident of any nature beyond the control of the relevant party.† The advantages of such clauses are that they provide a degree of certainty and the parties can agree to a wider range of circumstances than are currently available under the doctrine of frustration. For example, an unexpected increase in prices is not considered to be a frustrating event,[16] but it is common in a commercial contract to see a force majeur clause containing provision for ‘abnormal increase in prices and wages.’ It also allows the parties to determine their future relationship. The frustration doctrine discharges the contract regardless of the wishes of the parties, but they can provide for a continuing, adapted relationship if they so wish. Unavailability of the Subject Matter Where both parties are mistaken as to the availability of the subject matter at the time of the contract, this may be sufficiently fundamental to avoid the contract. The leading case on this issue is that of Courturier v Hastie (1856) 5 HLC 637 in which the parties entered into a contract for the sale of a cargo of corn, which was believed to be in transit from Salonica to England. Unknown to both the parties, the corn’s quality had deteriorated to such an extent that the master had sold it. The House of Lords held that the matter turned on the construction of the contract concluding that: â€Å"The contract plainly imports that there was something which was to be sold at the time of the contract, and something to be purchased, no such thing existing,†¦ judgment should be given for the defendants.†[17] The exact legal basis for importing this term has been the subject of some debate among commentators and will be discussed briefly now. The draftsmen of section 6 of the Sale of Goods Act 1979 appear to have interpreted the decision as stating that a mistake as to the existence of the subject matter of the contract inevitably renders it void: 6 Goods which have perished Where there is a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void. The court in Couturier did not however mention the word mistake; they based their reasoning on the construction of the contract and the fact that there was a total failure of consideration on the part of the sellers. Lord Denning applied a different interpretation in the case of Solle v Butcher [1950] 1 KB 671 at 691 in which he held that there was an implied condition precedent that the contract was capable of performance. He reasoned that in Couturier the parties had proceeded on the assumption that the goods were capable of being sold, when in fact they were no longer available for sale. Lord Denning’s interpretation does seem to give effect to the most likely intention of the parties. However, in the absence of a clear intention to release each other from the agreement if the subject matter is not available, it is not clear when Lord Denning is suggesting a term of this nature should be implied into the contract. The third interpretation is that whether or not the contract will be void, depends on the its construction. This was the interpretation put on Couturier by the High Court of Australia in the case of McRae v Commonwealth Disposals Commission 84 C.L.R. 377. The defendants invited tenders for the purchase of an oil tanker described as lying on the Jourmand Reef off Papua, together with its contents, which were stated to be oil. The Claimants won the tender and spent a considerable amount of money modifying a vessel for the salvage work. In a bizarre turn of events it was later discovered that no such tanker had ever existed. The court held that: â€Å"The only proper construction of the contract is that it included a promise by the commission that there was a tanker in the position specified.† On that construction the Commission had assumed the risk of the tanker not existing. They distinguished Couturier, holding that this was not a case in which both parties had entered the contract on a common assumption. The Commission had assumed the existence of the tanker, but the buyers had only relied on their assertion. In policy terms there can be little doubt that the approach taken in McRae is a sound one and one which ought to be followed by the English courts, but its is somewhat difficult to reconcile with section 6 of the Sale of Goods Act. There is the possible argument that McRae does not fall under section 6 because the tanker had never existed and therefore could not have ‘perished’. This distinction does seem somewhat artificial and not within the intention of the court in McRae. If the subject matter becomes unavailable after the contract has been concluded this may also render the contract frustrated for impossibility. For example in the case of Bank Line Ltd v Arthur Capel Co [1919] AC 435 a charterparty was held to be frustrated when the ship was requisitioned and so unavailable to the charterer. Temporary unavailability may also suffice, but this will be discussed later. Destruction or Unavailability of a Thing Essential for Performance Lord Atkin in the case of Bell v Lever Brothers Ltd [[1932] A.C. 161, discussed the circumstances in which one might wish to imply a condition into the contract. He states that a condition derives its efficacy from the consent of the parties, express or implied. He supposes a possible term: â€Å"Unless the facts are or are not of a particular nature, or unless an event has or has not happened, the contract is not to take effect.† If there are express words in the contract such as ‘a foundation essential to the existence’, there need not be any further enquiry, but when there are no such words the court must investigate the circumstances of the agreement to see whether any such condition can be implied. Lord Atkin uses the example of the hire of a professional vocalist whose continued health would be essential to the performance of the contract. The case of Krell v Henry [1903] 2 KB 740 has been discussed earlier. For present purposes it can be described in the following terms: The contract was for the hire of a room on Pall Mall to watch the coronation procession of Edward VII. The subject matter of the contract was the room and that was still in tact. However, the purpose of the contract was to watch the procession and without the procession the contract was not capable of full performance. Vaughn Williams LJ refers in his judgment to the case of Nickoll v Ashton [1901] 2 K.B, which is authority for the proposition: â€Å" English Law applies the principle not only to cases where performance of the contract becomes impossible by the cessation of existence of the thing which is the subject matter of the contract, but also to cases where the event which renders the contract incapable of performance is the cessation or non existence of an express condition the continued existence of which is necessary for the fulfilment of the contract, and essential to its performance.† This concept was extended in Krell to include a situation in which that particular set of circumstances (the viewing of the coronation) was not expressly mentioned in the contract. The contract in Krell was, however a strange one; the room was only hired out by the day, not the night, and the purpose for the contract on both sides was the viewing of the coronation. It is clear that the particular set of circumstances must have been in the contemplation of the parties and one that they both realised was necessary for the full performance of the contract. There is some dispute surrounding the Krell case. Cheshire and Fifoot point out that the cancellation was probably not in the contemplation of the parties, but with regard to the proposition that the buyer should be discharged from his obligation to pay on cancellation: â€Å"It is incompatible with the character of a hard bargainer to say that the owner of the room would have agreed to this proposal if it had been put to him during negotiations.†[18] It is more likely that the owner would have told the hirer that that was a risk he would have to take. It seems somewhat unreasonable to import to the seller a state of mind which he may well not have been in had he thought about it. McElroy and Williams, on the other hand say that the contract was impliedly for the hire of â€Å"rooms to view the procession†, the fact that there was no procession therefore amounted to a complete failure of consideration on the part of the owner of the rooms, discharging the hirer from his obligation to pay.[19] The circumstances in which Krell will apply are extremely limited. The set of circumstances, which the parties assume to be continuing, must be the common foundation of the contract. In the case of Herne Bay Steamboat Co v Hutton [1903] 2 KB 683 the claimant hired a ship from the defendant to watch the naval review and for a day’s cruise around the fleet. After the contract, the naval review was cancelled owing to the same illness of Edward VII, but the contract was held not to have been frustrated. This is thought to be because the hirer could still see the fleet and the boat had not been hired out by the owner for the specific purpose of seeing the Naval Review. This meant that seeing the Naval Review was not the common purpose of the contract and its cancellation was not therefore a frustrating event. Thus interpreted, Krell can be seen as a very narrow decision and as indeed been distinguished in more recent cases.[20] The Death of a Person Essential to Performance In the case of Galloway v Galloway (1914) 30 TLR 531 the defendant thought that his first wife had died and married the claimant. The defendant and claimant subsequently separated and entered into a deed of separation under which the defendant agreed to pay the claimant a weekly sum in maintenance. The defendant then discovered that his firs

Should Surrogate Motherhood be Allowed? Essay -- essays research paper

Surrogate Motherhood is when one women carries to term the fertilized egg of another woman. This procedure is chosen by married couples who can not conceive a child in the â€Å"natural way†. In some occasions the mother may be able to produce an egg, but has no womb or some other physical problem which prevents her from carrying a child. Whether or not the husband can produce a large amount of sperm is not a problem. Once the egg and sperm are combined in a petri dish fertilization is very likely to occur. The couple will then choose a surrogate mother and make an agreement in which she will carry the baby and release it to the genetic parents after the birth. There are four different kinds of surrogacy arrangements. Total Surrogacy is when the woman bears a child that has been formed from the gametes of another woman and man and implanted in her body. Partial Surrogacy occurs when the birth mother contributes the ovum and the sperm is introduced by artificial insemination. She is a biological parent of the child. Commercial Surrogacy means a business-like transaction where a fee is charged for the incubation period. Lastly, there is a Non-Commercial Surrogacy in which there is no formal contract or any payment to the birth mother. It is usually an arrangement between close friends or family members.(1-10) There is no federal policy on the issue of surrogacy, all fifty states have been left to decide theses issues themselves and create their own policies. The majority of the states have not yet legislated on this subject. Those states that have taken positions differ greatly from one another, such as California and Virginia, who have taken opposing viewpoints California is the state that is the most sympathetic to the genetic parents. Under California law surrogacy agreements are enforceable and the genetic parents are given all legal parental rights to the child. In Virginia, all legal parental rights to the child are given to the surrogate mother. Who is the legal mother? In the case of Johnson v. Calvert, in Virginia, the surrogate mother was found to be the legal mother of the child. If this case would have taken place in California, the biological mother is the legal mother. So it really depends on which state the act of surrogacy is taking place to name the legal mother. Are contracts for surrogate motherhood enforceable under American law? Again, i... ... both expert medical and psychological evaluations. Another major question that arises is whether or not the commissioning parents have the right to tell surrogate mother how to live? Can the couple ban smoking, control alcohol, and other substance intake? These issues need to be taken into mind before choosing a surrogate mother and needs to be stated in the contract.(1-2) In conclusion, surrogate motherhood raises many legal and ethical dilemmas, especially that of who the legal mother is. Surrogate motherhood dramatically alters society norms and creates many different legal viewpoints. But no matter which legal body is dealing with this issue, they all face the same moral and ethical dilemma: that a child born out of surrogacy has a bond with both the genetic mother and the surrogate mother. The bond between these two women and this child is permanent and cannot be changed by law. The law can only govern which woman has the legal right to raise the child. Works Cited Centre Points, Volume 1, No. 1, Article #2, Surrogate Motherhood and its Human Costs, Suzanne Rozell Scorsone, Ph.D. ;1-2 Johnson v. Calvert, 5 Cal. 4th 84, 851p.2d 776, 19 Cal. Rptr. 2d 494 (1993); 1-10