Limitations of Captive Breeding

Biology 320 Dr. Nissen 08 November 2012 Limitations of Captive Breeding While the use of captive breeding has grown enormously in the more recent years there has been a complete lack of attention paid to the limitations placed on that endangered species by the captive breeding programs. Limitations such as establishing self-sufficient captive populations, poor success in reintroductions, high costs, domestications, preemption of other recover techniques, disease outbreaks and maintaining administrative continuity have all been significant ( Snyder et al. 996). We will review the self-sufficient captive populations, reintroductions, and domestications, these are among the most important limitation factors for the review. Establishing self-sufficient captive populations obtaining consistent reproduction and survivorship under captive conditions has proven quite difficult with many species. There are a variety of reasons as to why there has been failure to breed well in captivity, and i dentifying these factors can be difficult and are still unknown even after many years of experimentation.Because of poor reproduction the self-sustaining captive populations may never be achieved for some of the endangered species (Snyder et al. 1996). In a recent review of 145 reintroduction programs of captive-bred animals, largely vertebrates, only 11% of the cases were successfully reintroduced into the wild populations (Beck et al. 1994). The causes of the reintroduction failure of the captive bred animals vary from a failure to correct the factors originally causing significant behavioral deficiencies in the released animals, to social behavior.The behavioral issues are typically seen in the animals that lack the opportunity to associate with wild individuals in a natural setting during the critical learning periods. Many of the problems affecting captive preservation and reintroduction of endangered species are results of genetic and phenotypic changes that occur in captivity as well (Snyder et al. 996) and this directly affects the domestication of the captive-bred animal. The implications of the progressive genetic and phenotypic changes are more serious than recognized for the species in long-term captive breeding. Because of progressive domestication the general expectation that one can â€Å"preserve† endangered species in captivity without significant change over a long period of time should be abandoned (Snyder et al. 1996).

Chiaroscuro: The Beauty in a World of Gloomy Grey

Defined as a technique of contrasting dark and light to highlight elements within a piece of art or a story, chiaroscuro is displayed throughout The Scarlet Letter by Nathaniel Hawthorne. Also prevalent in many masterpieces created by Rembrandt during the 17 century, Rembrandt uses chiaroscuro to create a focal point in his paintings and evoke personal thought. Hawthorne uses chiaroscuro to focus on the element of overall sin and to illustrate conflicts between characters.A comparison of chiaroscuro in Rembrandts paintings and Hawthorne’s The Scarlet Letter, provides a deeper understand of how light and dark play a key role in the development of characters and theme. Sin is one of the most important themes in The Scarlet Letter. Throughout the novel, Hawthorne presents nature as being evil. For example, the forest displays a moral wilderness that is encompassed within a dark and gloomy atmosphere. However in Chapter 18, Hawthorne uses chiaroscuro as a device to show a change i n the forest as Hester succumbs to the evil of nature and of her sin.â€Å"†¦she undid the clasp that fastened the scarlet letter, and, taking it from her bosom, threw it†¦All at once, as with a sudden smile of heaven, forth burst the sunshine, pouring a very flood into the obscure forest†¦Ã¢â‚¬  During this scene, Hester releases herself from the burden that the scarlet letter brings. As Hester gives into her natural instincts, the forest around her slowly begins to brighten and become overcome by light. This new found light in the forest that grows hand in hand with Hester’s happiness is shown to be good and/or normal based on Hawthorne’s tone.He focuses on the beauty of the light and how it highlights every living thing in the forest, almost in an angelic way. The tone and use of chiaroscuro in this passage allows the reader to believe that giving into your natural instincts and wants is not necessarily wrong or sinful, but nothing more than a part of life. Rembrandt uses a similar approach in using chiaroscuro in his painting Nightwatch (1642). Rembrandt does not use the light to focus on a certain character or object in the painting; rather he exemplifies the different patterns of the painting by creating a battle between light and shadows.The effect of using light and dark in this painting is not meant to provoke meaningful thought, but rather to display an almost chimerical union between the light and dark, similar to the effect displayed by Hawthorne in the forest scene. Hawthorne also uses chiaroscuro to show conflicts between characters and the difference in their personality or spiritual well-being. â€Å"Old Roger Chillingworth, throughout life, had been calm and temperament, kindly, though not of warm affections†¦.Sometimes, a light glimmered out of the physician’s eyes, burning blue and ominous, like the reflection of a furnace†¦Ã¢â‚¬  Roger Chillingworth, Hester’s husband, is presented to the readers as a respectable man that was very upright and devoted to his job and those around him; however, he lacked any sense of passion or love. Once Chillingworth found out that Hester had committed adultery and would not name the father of her bastard child, it became Chillingworth’s mission to uncover the man that had lain with his wife in sin.He must search deep within Dimmesdale, minister for the town and who Chillingworth believes is responsible, using both human and supernatural remedies to extract the secret with no intention of forgiving Dimmesdale. Whereas Dimmesdale is seen as a trustworthy man for the Puritan citizens to bestow their own sins upon, ones of which Dimmesdale helps them to repent. Dimmesdale committed a sin in the eyes of the Puritan society, one born from his need to follow his natural instinct in which Hawthorne states to be good and later admitted to the masses that he was indeed the father and the second perpetrator in this earthly crime.â₠¬Å"And, as he drew towards the close, a spirit as of prophecy had come upon him†¦it was as if an angel, in his passage to the skies, had shaken his bright wings over the people for an instant- at once a shadow and a splendor- and had shed down a shower of golden truths upon them. † This quote displays the way that the Puritan people saw their pastor, a man that was both physically decaying before their eyes, but yet lit up by the word of the gospel. Dimmesdale would then follow his sermon with the confession of his sin, the last act of his mortal life.Hawthorne uses chiaroscuro to depict the difference in the type of evil within the characters of Dimmesdale and Chillingworth. Chillingworth is a man that did not sin in the terms that Dimmesdale did, however, he searches for it without the intent to forgive. Hawthorne expresses this as true evil and sin compared to Dimmesdale’s act of following his natural instinct, which is not a sin. Rembrandt uses chiaroscuro to d epict the character or personality within his paintings. In Self Portrait as St.Paul (1661), the man in the panting is lit while the background and his facial features are considerably darkened. The dark eyes and background represent a type of detachment, whether the detachment is due to an outward or inner struggle. The light of the picture gives one the sense that the man is important or respected. However, the dark causes the audience to believe that the man is in a great deal of struggle or woe, possibly causing him to be dark and cold in the sense of personality, like the depiction of Chillingworth depicted by Hawthorne.Nathaniel Hawthorne uses a device known as chiaroscuro, contrasting light and dark elements, to help develop the characters and theme within The Scarlet Letter. The way Hawthorne displays this development can also be viewed in pieces by Rembrandt. Sin is portrayed in many ways throughout the novel. The forest is used as a symbol of moral bareness of which Hester succumbs to when she takes off the scarlet letter and releases herself from her sin. At this moment, the dark dreary forest is flooded with heavenly beauty of light and life.This play with shadowing and light elements can be viewed in Nightwatch by Rembrandt. This paitning expresses a link between the light and the dark and how they can exist at the same time, however one will always triumph. In the case of the forest scene, the light and the happiness of Hester triumphed over the evil that surrounds her. Hawthorne draws his characters out by having one behold elements, Roger Chillingworth, and the other character behold elements of light, Minister Dimmesdale.Hawthorne then goes deeper to express that the darkness of one might not be of evil intention, but rather dulled by everyday sin of which the light could be redeemed. Rembrandt displays this in the paint Self Portrait as St. Paul, showing how shadows can make one look disconnected and spiritually or emotionally barren. Chiaros curo is a tool used in both the literary and arts world that can help to evoke more emotion and audience thought. Without it, the characters and imagery would all be caught between shades of gloomy greys.

The Vampire Diaries: Dark Reunion Chapter Eight

From where Bonnie and Meredith sat in the car, they could just see Vickie's window. It would have been better to be closer, but then someone might have discovered them. Meredith poured the last of the coffee out of the thermos and drank it. Then she yawned. She caught herself guiltily and looked at Bonnie. â€Å"You having trouble sleeping at night too?† â€Å"Yes. I can't imagine why,† Meredith said. â€Å"Do you think the guys are having a little talk?† Meredith glanced at her quickly, obviously surprised, then smiled. Bonnie realized Meredith hadn't expected her to catch on. â€Å"I hope so,† Meredith said. â€Å"It might do Matt some good.† Bonnie nodded and relaxed back into the seat. Meredith's car had never seemed so comfortable before. When she looked at Meredith again, the dark-haired girl was asleep. Oh, great. Terrific. Bonnie stared into the dregs of her coffee mug, making a face. She didn't dare relax again; if they both fell asleep, it could be disastrous. She dug her nails into her palms and stared at Vickie's lighted window. When she found the image blurring and doubling on her, she knew something had to be done. Fresh air. That would help. Without bothering to be too quiet about it, she unlocked the door and pulled the handle up. The door clicked open, but Meredith went on breathing deeply. She must really be tired, Bonnie thought, getting out. She shut the door more gently, locking Meredith inside. It was only then that she realized she herself didn't have a key. Oh, well, she'd wake Meredith to let her back in. Meanwhile she'd go check on Vickie. Vickie was probably still awake. The sky was brooding and overcast, but the night was warm. Behind Vickie's house the black walnut trees stirred very faintly. Crickets sang, but their monotonous chirping only seemed like part of a larger silence. The scent of honeysuckle filled Bonnie's nostrils. She tapped on Vickie's window lightly with her fingernails, peering through the crack in the curtains. No answer. On the bed she could make out a lump of blankets with unkempt brown hair sticking out the top. Vickie was asleep too. As Bonnie stood there, the silence seemed to thicken around her. The crickets weren't singing anymore, and the trees were still. And yet it was as if she was straining to hear something she knew was there. None of her ordinary senses told her this. But her sixth sense, the one that sent chills up her arms and ice down her spine, the one that was newly awakened to the presence of Power, was certain. There was†¦ something†¦ near. Something†¦ watching her. She turned slowly, afraid to make a sound. If she didn't make any noise, maybe whatever it was wouldn't get her. Maybe it wouldn't notice her. The silence had become deadly, menacing. It hummed in her ears with the beat of her own blood. And she couldn't help imagining what might come screaming out of it at any minute. Something with hot, moist hands, she thought, staring into the darkness of the backyard. Black on gray, black on black was all she could see. Every shape might be anything, and all the shadows seemed to be moving. Something with hot, sweaty hands and arms strong enough to crush her- The snap of a twig exploded through her like gunfire. She spun toward it, eyes and ears straining. But there was only darkness and silence. Fingers touched the back of her neck. Bonnie whirled again, almost falling, almost fainting. She was too frightened to scream. When she saw who it was, shock robbed all her senses and her muscles collapsed. She would have ended up in a heap on the ground if he hadn't caught her and held her straight. â€Å"You look frightened,† Damon said softly. Bonnie shook her head. She didn't have any voice yet. She thought she still might faint. But she tried to pull away just the same. He didn't tighten his grip, but he didn't let go. And struggling did about as much good as trying to break a brick wall with bare hands. She gave up and tried to calm her breathing. â€Å"Are you frightened of me?† Damon said. He smiled reprovingly, as if they shared a secret. â€Å"You don't need to be.† How had Elena managed to deal with this? But Elena hadn't, of course, Bonnie realized. Elena had succumbed to Damon in the end. Damon had won and had his way. He released one of her arms to trace, very lightly, the curve of her upper lip. â€Å"I suppose I should go away,† he said, â€Å"and not scare you anymore. Is that what you want?† Like a rabbit with a snake, Bonnie thought. This is how the rabbit feels. Only I don't suppose he'll kill me. I might just die on my own, though. She felt as if her legs might melt away at any minute, as if she might collapse. There was a warmth and a trembling inside her. Elena wouldn't like it, she thought, just as his lips touched hers. Yes, that was it. But the problem was, she didn't have the strength to say it. The warmth was growing, rushing out to all parts of her, from her fingertips to the soles of her feet. His lips were cool, like silk, but everything else was so warm. She didn't need to be afraid; she could just let go and float on this. Sweetness rushed through her†¦ â€Å"What the hell is going on?† The voice broke the silence, broke the spell. Bonnie started and found herself able to turn her head. Matt was standing at the edge of the yard, his fists clenched, his eyes like chips of blue ice. Ice so cold it burned. â€Å"Get away from her,† Matt said. To Bonnie's surprise, the grip on her arms eased. She stepped back, straightening her blouse, a little breathless. Her mind was working again. â€Å"It's okay,† she said to Matt, her voice almost normal. â€Å"I was just-â€Å" â€Å"Go back to the car and stay there.† Now wait a minute, thought Bonnie. She was glad Matt had come; the interruption had been very conveniently timed. But he was coming on a little heavy with the protective older brother bit. â€Å"Look, Matt-â€Å" â€Å"Go on,† he said, still staring at Damon. Meredith wouldn't have let herself be ordered around this way. And Elena certainly wouldn't. Bonnie opened her mouth to tell Matt to go sit in the car himself when she suddenly realized something. This was the first time in months she'd seen Matt really care about anything. The light was back in those blue eyes-that cold flash of righteous anger that used to make even Tyler Smallwood back down. Matt was alive right now, and full of energy. He was himself again. Bonnie bit her lip. For a moment she struggled with her pride. Then she conquered it and lowered her eyes. â€Å"Thanks for rescuing me,† she murmured, and left the yard. Matt was so angry he didn't dare move closer to Damon for fear he might take a swing at him. And the chilling darkness in Damon's eyes told him that wouldn't be a very good idea. But Damon's voice was smooth, almost dispassionate. â€Å"My taste for blood isn't just a whim, you know. It's a necessity you're interfering with here. I'm only doing what I have to.† Contemptuously he said, â€Å"Why don't you pick on somebody your own size, then?† Damon smiled and the air went colder. â€Å"Like you?† Matt just stared at him. He could feel muscles clench in his jaw. After a moment he said tightly, â€Å"You can try.† â€Å"I can do more than try, Matt.† Damon took a single step toward him like a stalking panther. Involuntarily, Matt thought of jungle cats, of their powerful spring and their sharp, tearing teeth. He thought of what Tyler had looked like in the Quonset hut last year when Stefan was through with him. Red meat. Just red meat and blood. â€Å"What was that history teacher's name?† Damon was saying silkily. He seemed amused now, enjoying this. â€Å"Mr. Tanner, wasn't it? I did more than try with him.† â€Å"You're a murderer.† Damon nodded, unoffended, as if he'd just been introduced. â€Å"Of course, he stuck a knife in me. I wasn't planning to drain him quite dry, but he annoyed me and I changed my mind. You're annoying me now, Matt.† Matt had his knees locked to keep from running. It was more than the catlike stalking grace, it was more than those unearthly black eyes fastened on his. There was something inside Damon that whispered terror to the human brain. Some menace that spoke directly to Matt's blood, telling him to do anything to get away. But he wouldn't run. His conversation with Stefan was blurred in his mind right now, but he knew one thing from it. Even if he died here, he wouldn't run. â€Å"Don't be stupid,† Damon said, as if he'd heard every word of Matt's thoughts. â€Å"You've never had blood taken from you by force, have you? It hurts, Matt. It hurts a lot.† Elena, Matt remembered. That first time when she'd taken his blood he'd been scared, and the fear had been bad enough. But he'd been doing it of his own volition then. What would it be like when he was unwilling? I will not run. I will not look away. Aloud he said, still looking straight at Damon, â€Å"If you're going to kill me, you'd better stop talking and do it. Because maybe you can make me die, but that's all you can make me do.† â€Å"You're even stupider than my brother,† Damon said. With two steps he crossed the distance to Matt. He grabbed Matt by his T-shirt, one hand on either side of the throat. â€Å"I guess I'll have to teach you the same way.† Everything was frozen. Matt could smell his own fear, but he wouldn't move. He couldn't move now. Damon's teeth were a white glitter in the dark. Sharp as carving knives. Matt could almost feel the razor bite of them before they touched him. I will not surrender anything, he thought, and closed his eyes. The shove took him completely off balance. He stumbled and fell backward, his eyes flying open. Damon had let go and pushed him away. Expressionless, those black eyes looked down at him where he sat in the dirt. â€Å"I'll try to put this in a way you can understand,† Damon said. â€Å"You don't want to mess with me, Matt. I am more dangerous than you can possibly imagine. Now get out of here. It's my watch.† Silently, Matt got up. He rubbed at his shirt where Damon's hands had crumpled it. And then he left, but he didn't run and he didn't flinch from Damon's eyes. I won, he thought. I'm still alive, so I won. And there had been a kind of grim respect in those black eyes in the end. It made Matt wonder about some things. It really did. Bonnie and Meredith were sitting in the car when he got back. They both looked concerned. â€Å"You were gone a long time,† Bonnie said. â€Å"Are you okay?† Matt wished people would stop asking him that. â€Å"I'm fine,† he said, and then added, â€Å"Really.† After a moment's thought he decided there was something else he should say. â€Å"Sorry if I yelled at you back there, Bonnie.† â€Å"That's all right,† Bonnie said coolly. Then, thawing, she said, â€Å"You really do look better, you know. More like your old self.† â€Å"Yeah?† He rubbed at his crumpled T-shirt again, looking around. â€Å"Well, tangling with vampires is obviously a great warm-up exercise.† â€Å"What'd you guys do? Lower your heads and run at each other from opposite sides of the yard?† asked Meredith. â€Å"Something like that. He says he's going to watch Vickie now.† â€Å"Do you think we can trust him?† Meredith said soberly. Matt considered. â€Å"As a matter of fact, I do. It's weird, but I don't think he's going to hurt her. And if the killer comes along, I think he's in for a surprise. Damon's spoiling for a fight. We might as well go back to the library for Stefan.† Stefan wasn't visible outside the library, but when the car had cruised up and down the street once or twice he materialized out of the darkness. He had a thick book with him. â€Å"Breaking and entering and grand theft, library book,† Meredith remarked. â€Å"I wonder what you get for that these days?† â€Å"You mean you found it? You figured it out? Then you can tell us everything, like you promised,† Bonnie said. â€Å"Let's go to the boarding house.† Stefan looked slightly surprised when he heard that Damon had turned up and stationed himself at Vickie's, but he made no comment. Matt didn't tell him exactly how Damon had turned up, and he noticed Bonnie didn't either. â€Å"I'm almost positive about what's going on in Fell's Church. And I've got half the puzzle solved, anyway,† Stefan said once they were all settled in his room in the boarding house attic. â€Å"But there's only one way to prove it, and only one way to solve the other half. I need help, but it isn't something I'm going to ask lightly.† He was looking at Bonnie and Meredith as he said it. They looked at each other, then back at him. â€Å"This guy killed one of our friends,† said Meredith. â€Å"And he's driving another one crazy. If you need our help, you've got it.† â€Å"Whatever it takes,† Bonnie added. â€Å"It's something dangerous, isn't it?† Matt demanded. He couldn't restrain himself. As if Bonnie hadn't been through enough†¦ â€Å"It's dangerous, yes. But it's their fight too, you know.† â€Å"Darn right it is,† said Bonnie. Meredith was obviously trying to repress a smile. Finally she had to turn away and grin. â€Å"Matt's back,† she said when Stefan asked her what the joke was. â€Å"We missed you,† added Bonnie. Matt couldn't understand why they were all smiling at him, and it made him feel hot and uncomfortable. He went over to stand by the window. â€Å"It is dangerous; I won't try to kid you about that,† Stefan said to the girls. â€Å"But it's the only chance. The whole thing's a little complicated, and I'd better start at the beginning. We have to go back to the founding of Fell's Church†¦Ã¢â‚¬  He talked on late into the night. Thursday, June 11, 7:00 a.m. Dear Diary, I couldn't write last night, because I got in too late. Mom was upset again. She'd have been hysterical if she'd known what I was actually doing. Hanging out with vampires and planning something that may get me killed. That may get us all killed. Stefan has a plan to trap the guy who murdered Sue. It reminds me of some of Elena's plans-and that's what worries me. They always sounded wonderful, but lots of the time they went wrong. Anyway, we're going to do it after graduation. We're all in on it except Damon, who'll be watching Vickie. It's strange, but we all trust him now. Even me. Despite what he did to me last night, I don't think he'll let Vickie get hurt. I haven't had any more dreams about Elena. I think if I do, I will go absolutely screaming berserk. Or never go to sleep again. I just can't take any more of that. All right. I'd better go. Hopefully, by Sunday we'll have the mystery solved and die killer caught. I trust Stefan. I just hope I can remember my part.

Economic Analysis Of The Energy Sector Essay Example | Topics and Well Written Essays - 2000 words

Economic Analysis Of The Energy Sector - Essay Example I will use articles, journals and books relating to the energy sector business to write this essay. Section One Self Employment Opportunities in the Energy Sector are indicators of growth and prosperity of a nation. Fossil fuels are diminishing at an increasing rate and have become scarce (Steger, 2005). Due to the scarcity, conservation and efficient utilization of various forms of energy have been of concern. Conservation of energy and efficient utilization of energy has tremendous potential, self-employment opportunities (Taylor and Parish, 2008). There are various nonbanking financial institutions, which have developed as a result of promoting energy conservation. In addition, individuals can get self-employment in the energy sector through setting up energy auditing firms that are accredited or becoming an individual consultant in the line of energy auditing (Peterson’s, 2010). Methodology In writing this research, primary and secondary materials will be used. Primary sou rces include interviewing self-employed people in the energy sector and talking to people in the energy business. Secondary sources used include books, articles and various reports provided by institutions and companies in the energy sector. General Trends in the Energy Sector World energy production has undergone a pivotal transformation in energy and resource management. Due to the growing world population currently standing at seven billion, there is a need in the development of the entire energy sector to ensure sustainability in the sector (Chung, 2005). This development requires people who are skilled in taking over investments in the energy sector. A research conducted by Karen Ward reveals that there is an adequate supply of oil for the next fifty years, and that of gas for the next 100-200 years (UNEP, 2009), but due to the growing demand for oil and gas, extraction cost and environment preservation, the industry faces a future with challenges and focuses on renewable energ y sources in securing a sustainable future. Some global organizations are promoting investments in the renewable sources in order to achieve sustainability. The world’s investments in the renewable sources of energy have increased by around 30% from 2009-2010, attaining a level of $ 243 billion (UNEP, 2010). This can be attributed to the utility companies seeking the reduction of carbon emissions and organizations seeking investments in the energy sector to achieve sustainable levels. According to Allen and York (2010), they see the growth of renewable energy within the portfolio and corporate, business plans of modern companies. Hence, the number corporations seeking renewable energy investments are on the increase. The European job market in the wind targets to increase renewable energy by 20% by 2020 and is positively responding to the set targets (EWEA, 2009). According to RenewableUK (2011), strong growth in the wind energy sector is expected over the next decade, creati ng over 250,000 new employment opportunities. There is a growing demand for energy professionals in the UK due to the rise in wind energy firms (EWEA, 2009). This has created self-employment job opportunities for those individuals willing to invest in the sector (Deitche, 2010). From the recent developments in the renewable energy investments, there is an increasing demand for project managers, connection engineers, environment assessors, energy auditors, and project developers to undertake the investment business.

2 page paper Essay Example | Topics and Well Written Essays - 500 words

2 page paper - Essay Example Since commencement in 2009 over $1billion has been promised to fund over 50,000 creative projects (Trump). This is overwhelming prove that Kickstarter campaigns are and efficient way of funding creative projects. This essay discusses gives the pros and cons of Kickstarter campaigns are an effective way to finance creative projects. At the start, Kickstarter campaigns were simply viewed as a platform of helping start up theatre companies and artist to raise the amount of money that is sufficient to get their projects up and running. Surprisingly, over time these campaigns have proven to be an effective way of raising money for well- known artists and projects (Cebulski 78). For instance, in 2012, a video game guru, Tim Schafer had aimed at making $400,000 but eventually he made $3.36 million. Additionally, Amanda Palmer, a musician had set a goal to make $100, 000 on a music album but ended up making more than $1 million (Trump). In spite of the immense success enjoyed by the kick starter campaigns in funding creative projects, there have been cases of failure leading to increasing criticism from skeptics. It has been observed that in the long- run, Kickstarter funded programs fail to materialize and get unto trouble. However, this failure can be attributed to the Kickstarter model that takes into account the two examples discussed above (Cebulski 78). Palmer was criticized for asking for help from local musicians after her big break while Schafer stated that his project was headed to exceed its budget. This leads to the conclusion that those that contributed to the Kickstarter projects were fooled. On the other hand, it is important to bear in mind that those that support Kick starter campaigns are not looking to invest or get the greatest value for their money. The logic of the Kickstarter campaigns is understood once an individual understands that the concepts follows the concept of a gift not that

Problems in Total Quality in Workplace Assignment

Problems in Total Quality in Workplace - Assignment Example As such, organizations look for appropriate ways to manage such dynamic turbulent conditions and win over. One of the ways to do this would be through improving quality, which Narasimhan and Kannan observe that when organizations start â€Å"improving quality, it improves everything† which in the long run makes them â€Å"stay in business† (2011, p.445). The researchers define quality as a continuous process where organizations build and sustain relationships through assessments, anticipation and fulfillment of stated and implied needs. Over time, organizations have grown towards Total Quality, a concept that has shaped itself into a critical concept in strategic management. Total Quality refers to the attitude, culture and organization of a business entity striving to provide its customers with services and products satisfying their needs. This requires quality in all the operations of an organization with processes being executed right first time and waste and defects reduced from operations. Together with quality tools, management tools - cumulatively referred to as Total Quality Management - play a critical role in the reduction of wasteful practices and increasing business. Morfaw (2009) defines Total Quality Management as a philosophy or approach aimed at meeting the needs of customers and their expectations involving employees and managers through the application of quantitative methods that would continuously improve the products, services and processes in an organization. This combines the elements involved in both strategic management and sustainability on a single platform so as to ensure organizations survive longer. The nature of total quality makes it strategic: aims at organization’s long-term survival; perceives organizations as open systems with change as the only constant; and it is also futuristic by  nature (Narasimhan & Kannan, 2011).

Target Corporation Essay Example | Topics and Well Written Essays - 250 words

Target Corporation - Essay Example Target Corp. used credit lending as a form of ensuring there is return and profit from the credit. However, this happened at a time when there was an ongoing credit crisis. What comes out, therefore, is a possible scrutiny of the customers who were offered the credit that made the company so confident that there would be a return even if the general economic status was not friendly (Palepu & Healy, 2012). Second, is the issue of getting rid of credit defaulters in a corporation? For quite sometimes, the company has been engaged in a defaulter eradication process that has left Target dealing with only trusted clients with whom it was easy and safe to trust the credit. The third point that comes out from the article is the credibility of the company’s evaluation system that was able to predict returns on lending for a second time at a time when the credit market is in crisis. This reduced the losses because of client’s payment problems as well as renegotiations of terms of receivable because of customer’s difficulty. The fourth point to reflect on is the future of a risky process like this. Although Target showed considerably good profits from the process, there are concerns about the company’s sales, which have been on credit rather than on cash. When a company keeps adding on the bad-loans reserve, the losses are sure to catch up with the credit losses that will make the process unsustainable and lead to failure (Kieso, Weygandt & Warfield,

The book FREEDOM by Johnatan Franzen. Journalist critics of the book Assignment

The book FREEDOM by Johnatan Franzen. Journalist critics of the book - Assignment Example d arranges marriages of contemporary time, it can be said that as an author he has developed his skills and deviated his way of writing technically and topically. This owing to the reason that he is able to captivate in comic and tragic hue at the same plane the provocations and the pressures the concept of liberty brings forth, the thrilling days of teenage immersed in sexual interests culminating almost into lust, the most provoking social issue of American society pertaining to mid-life crisis, collapsing of the wages in the suburb areas and the pang of staying under the reign of a heavy weight empire all come under one umbrella within the plot of the novel â€Å"Freedom†. Like most of the common topics of American literature, American dream does not find a very potent place within the plot of the novel, but the tinge of the issue can be traced within a microcosm of middle class American society. A deep delineation to the plot of the novel and close introspection to the motif launches the readers into a plethora of thought process where it is very clear that the novel captures a span of time frame as its background with some deliberate intentions. The time frame against which the plot of the novel, â€Å"Freedom† is set initiates during the last decades of the twentieth century and ends at the beginning of Obama administration. The novel captivates a wide time frame; therefore the socio-political and socio-economic ups and downs are tracked in the novel from a very close counter. The contour of American society is very evident through the book as it displays a volley of characters almost in a Dickensian way, â€Å"In the earliest years, when you could still drive a Volvo 240 without feeling self-conscious, the collective task in Ramsey Hills was to relearn certain life skills that your own parents had fled to the suburbs specifically to unlearn† (Franzen 4). The language is lucid and the syntax is clear. As regards to the anatomy of the book, then there are small

Future of Food Supply Chain Essay Example | Topics and Well Written Essays - 1000 words

Future of Food Supply Chain - Essay Example n will collect more information and data from their suppliers, including the farmers, so that they can serve the internal demands related to risk assessment, strategic decision-making and the monitoring of progress towards future-looking targets (Mattoo, Mishra and Narain 56). The forces shaping the food supply chain, which will greatly influence the systems of the future, include dependency on ecosystem services, forest footprinting, and the production of greenhouse gases – irrespective of the fact that the different players within the supply chain will employ their methodologies across the varied business areas (Marsden, Banks and Bristow 426-427). Some of the companies that have been acting in ways that are similar to the outlook of the future food supply chain include LEAF and Landcare as well as commercial players like Unilever; these companies have been gathering information about the sustainable nature of their supply chains, which has helped them to make strategic deci sions (Fafchamps, Vargas-Hill and Minten 257). Farmers will need the information required to support the changes that will make their production more attractive in the market. Further, the end consumer will exercise more control over the production systems and the technologies of the producer, due to changes in preferences and lifestyles – among them the increasing demand for organic foods. The power of farmer groups and Land-management The flow of knowledge, on itself is not sufficient to ensure hat farmers and other players within the supply chain improve their output, efficiency in the use of resources and quality (Marsden, Banks and Bristow 426-427). Regulatory, cultural and organizational changes will become more necessary, in fostering the implementation and the maintenance of positive... This report approves that the future of the business of farmers will represent the outlook of the Farmer Field school movement, which offers training to farmers and allows them to experiment on their own farms, and then group together to chart the way forward for their farming outlook. Through the grouping of farmers into groups, there will be a more strategic realization of strategic partnerships between them and the companies that consume their produce. One example of such a strategic partnership is that of Unilever and its suppliers – the company has strategically positioned itself with the primary processor suppliers. Some agencies that are already studying the system applied to agriculture and their impacts include LCA. Irrespective of the fact that innovation in agriculture is difficult, the future outlook of the members of the supply chain will be more conscious of the changes of land use required.The different areas that will be explored at greater depths include food safety, water footprinting, social impacts, biodiversity, and legality. This essay makes a conclusion that world business and economics are changing swiftly, and that is calling for the constant improvement of the food supply chain. The changes anticipated in the future supply chain include improvements in information and knowledge flow, the increasing command of farmer groups and Land-management and innovating according to market needs. Many of the supply chain changes anticipated for the future are evident from the business of Wal-Mart, which uses IT to monitor its supply chain from the store to the farm.

Poetry Analysis Research Paper Example | Topics and Well Written Essays - 1000 words

Poetry Analysis - Research Paper Example Take the church money out and head cross town to my friend girl's house where we plan our round. We meet our men and go to a joint where the music is blue and to the point. Folks write about me. They just can't see how I work all week at the factory. Then get spruced up and laugh and dance And turn away from worry with sassy glance. They accuse me of livin' from day to day, but who are they kiddin'? So are they. My life ain't heaven but it sure ain't hell. I'm not on top but I call it swell if I'm able to work and get paid right and have the luck to be Black on a Saturday night.   Interpretation & Analysis: Being the most visible voice among contemporary African American women, Maya Angelou’s works deal with subjects such as racism, sexism, civil rights, etc. She has also embraced various literary forms and genres to convey her creative thoughts. While ‘I Know Why The Caged Bird Sings’ and its sequels are autobiographical novels, she has also written numerous pl ays and poems. Her poems are known for their rhyme, metric and the tone of informality. The poem chosen for this analysis is titled Weekend Glory, a discussion of which follows. Weekend Glory is, in short, a celebration of work and life and the ideal balance between the two. Angelou contends that many people slog away at their office desks on weekdays and beyond, only because they lend themselves to be participants of a consumerist culture. For example, they buy expensive condo apartments, luxurious cars, etc, which places them in a perpetual debt cycle. The lines â€Å"posin’ and preenin’; and puttin’ on acts† conveys the author’s attitude toward such people, whom she sees as being ignorant and having misplaced values. Driven by an anxiety to move up socially, they seem to lose out on innocent joys of a simpler lifestyle. The author contrasts this typical modern lifestyle to her own life as a factory worker. While admitting that her own standard o f living is not top notch, she asserts that she lives a more colorful life than those fixated with career advancement. And nothing captures the author’s sense of success than her forays across town during the weekends – she gets her hair done, meets up with her friends, goes to a bar and enjoys the music and the experience there. This way she could spruce herself up for the new week of work at the factory. This sort of weekend glory may only be a consolation for the monotonous, boring nature of work awaiting her at the factory, but at least she revels in its rewards. More importantly, she is free of debt or illusion – which usually results from constantly comparing oneself with the Joneses. As for the technical aspects of the poem, it is written in a tight, compact form. This is typical of Angelou’s poetic works, which take after African American musical-lyrical tradition. The lines are short and crisp and are rhythmical throughout. But the size of stanza s are not consistent, ranging from 2 to 8 lines in length. Angelou usually gives emphasis to tone and flavor in her poems even if it compromises other metrics. And Weekend Glory is no exception to this. The tone is informal yet assertive and succeeds in capturing the author’s intended meaning. The overall effect is one of criticism towards work and careerism, while also showing empathy towards people. Works Cited: Angelou, Maya, Weekend Glory, poem from , first posted in January,

Tort law should not and could not be used to achieve distributive Essay

Tort law should not and could not be used to achieve distributive goals - Essay Example Tort law cannot achieve distributive goals and this attempt would be illegitimate, undesirable, ineffective and non feasible. For instance tort law cannot meet the progressive redistribution of wealth from rich to poor but it is the other way round. Tort law cannot advance the status of groups that are disadvantaged in society since in so many ways it runs short of fairness and that the bottom line is compensation. Social rationality and resource allocation is against the less social valued in society practicing tort law. Tort law cannot achieve distributive goals because it is full of indifference. It is questionable that omissions in tort law are often treated as incurring less liability than acts. Treatment of omission is different from that of acts therefore tort law is law of indifference as in Slovin v Wise (1996) 3 WLR 389. Responsibility for omission is less than that for acts even if damage was identical. It is argued that limiting responsibilities for an individual especially in relation to obligation is the duty of state. In Liability for omission, a distinction is drawn between misfeasance where a party is negligent and nonfeasance where a party does nothing at all. The general rule is that there is no liability for an omission (Slovin v Wise (1996) 3 WLR 389). In justice and rights, morality places an obligation on every individual to save life whenever it is possible. A person wat ching a small child drown in swallow water is morally obliged to save that child. The law of omission in tort gives a leeway. Tort law is a law of monetary compensation and in cases of omission there is no financial claim that results from nonfeasance. In tort, the value of social justice cannot be realized. For instance, Party intervened during an incident that leads to injury is view as less responsible if some third party comes in and causes subsequent harm. Attention is therefore shifted from the negligent act of the defendant toward the immediate wrong inflicted by the third party. It is unjust to say that the original negligent act exemplifies the fact that where injury to property is caused though fault of another party the other party is liable to compensate for the injury caused. It goes without saying that the perpetrator of careless act should be held responsible for injuries caused through there unreasonable behaviour. in Baker v Willoughy (1970) HL the court in the case held that the duty of the motorist and pedestrian with regard to keeping a proper look-out were different; appointment of liability, 25% to pedestrian and 75% to driver. Three years later before a decision on the case was made the claimant was shot during armed robbery in the previously injured led. D still had to make full payment despite the supervening injury because the injury did not rise by accident or lantern condition. The facts of this case demonstrate clearly that tort law cannot achieve distributive goals. For justice to prevail everyone should bear responsibility for their own act. Criminal justice call for a sentence toward the offender in equal measures to the wrong done. If the offender will be a threat to the public, justice and rights of individuals provide for imprisonment. The outcome of tort law can be so unpredictable and economically it may seem difficult to measure permanent damages especially those related to health in monetary terms. In addition, foreseeabl e consequences

The Mysterious Marisa Coulter Essay Example for Free

The Mysterious Marisa Coulter Essay Phillip Pullman’s â€Å"His Dark Materials† introduces a new twist on the old villainess character to the world of fiction. Mrs. Marisa Coulter is an almost purely evil character. Despite her charming and persuasive demeanor, Mrs. Coulter is the greediest, most power-hungry character in the trilogy. In Pullman’s world, every human has a daemon—a visible version of the soul that takes on an animal form. Mrs. Coulter’s daemon, a vicious little golden monkey, reflects its owner’s personality. Only a few seconds, and the monkey had overmastered him: with one fierce black paw around his throat and his black paws gripping the polecat’s lower limbs, he took one of Pantalaimon’s ears in his other paw and pulled as if he intended to tear it off. Not angrily, either, but with a cold curious force that was horrifying to see and even worse to feel. † (Pullman, 65) Just as the monkey, in book three, enjoys torturing and killing bats in the cave in which Mrs. Coulter keeps Lyra, Mrs. Coulter enjoys toying with people before she kills them. She shows no remorse after tearing people to pieces or torturing them to death. Mrs. Coulter, according to Lord Asriel, wanted to be involved in the religious hierarchy. However, being female, this was denied her. Mrs. Coulter is very intelligent and clever, but usually works for her own ends. She is manipulative and a very convincing liar. Every act of kindness or consideration is for her benefit only. Mrs. Coulter’s daemon attacks Lyra’s daemon in an attempt to subdue Lyra into doing her bidding. Immediately following this act Pullman writes, â€Å"‘What do you think of the flowers, dear? ’ said Mrs. Coulter as sweetly as if nothing had happened† (65). She has no sense of compassion and will do almost anything to reach her goals. She is not sympathetic or sentimental, and does not particularly care how her actions affect other people. She has tortured, killed, and torn children in half all for the sake of raising herself higher. From a young age she craved power, first attempting to obtain it through marrying a wealthy politician, Edward Coulter. When her husband was killed by her lover Lord Asriel she was left with almost nothing and decided to try to get power through the Church. She decided to experiment with Dust, a new kind of elementary particle that the Church knew about, but would not experiment with because it was a feared subject. Mrs. Coulter realized that daring to do what others will not, is an extremely useful tool for gaining power. After conducting several successful experiments in the North that severed children from their daemons, and stopped Dust from gathering around them, she became one of the Churchs most powerful agents. Of all the characters in Golden Compass, Mrs. Marisa Coulter is the most morally ambiguous. Marisa Coulter has one daughter. Lyra, the protagonist of the trilogy is the product of an affair between Mrs. Coulter and Lord Asriel while Mrs. Coulter was still married to Edward Coulter. When Mr. Coulter found out his wife was having an affair he chased the baby Lyra and her nurse into a cottage where Lord Asriel came in and killed him. â€Å"There is no Mr. Coulter, by the way: she is a widow. Her husband died very sadly in an accident some years ago; so you might bear that in mind before you ask. † (53) In the months that followed, when Lyras future life was being worked out Mrs. Coulter turned her back. She wanted to distance herself as far away from her daughter and the affair as she could because it would disgrace her and ruin her chances at becoming high in society. It is assumed that she has had many lovers since then, including Lord Boreal. Mrs. Coulter’s relationship with Lord Asriel, Lyra’s father, adds another dimension to her character. The struggle between Mrs. Coulter and Lord Asriel drives much of the trilogy’s narrative. Though Mrs. Coulter and Lord Asriel battle for control of their daughter, Lyra’s existence suggests that a powerful attraction once existed, and possibly still exists, between them. It becomes apparent that Mrs. Coulter is in cahoots with the General Oblation Board, who as the Gobblers has been kidnapping children to be sent off to Bolvangar. â€Å"’Really? Is she involved with the Oblation Board? ’ ‘My dear, she is the Oblation Board. It’s entirely her own project –‘† (67) There, the kidnapped children are separated by a process called Intercision from their daemons, something like being subjected to the Dementors kiss. Mrs. Coulter captures the children by manipulating them. She gives them food, tells them her exciting stories of adventures, and generally gives warm hospitality. The children feel comfortable with her, and so they are shipped to Bolvangar before they realize what has happened. The children describe her as angelic. But, despite her cruelty, Mrs. Coulter has a soft spot for Lyra. She rescues Lyra from intercision at Bolvanger, she looks after Lyra in the cave in the Himalayas, and she fights desperately with Father MacPhail to make sure that his bomb doesn’t kill Lyra. In the end, she gives her own life to drag Metatron into the abyss so that Lyra can accomplish her goal. Mrs. Coulter’s transformation is inspired by Lyra, who evokes extraordinary love from most people she encounters. So it could be stated that Lyra melted Mrs. Coulter’s cold icy heart, not only teaching her compassion, but maybe a smidge of humility as well.

Breach of Contract Example

Breach of Contract Example The purchase and sale agreement signed on August 1st 2014, between Insurance Depot Limited (Depot) and Mr. Sanford (Sanford), is a legally binding contract. As a result, Depot will be able to effectively enforce its contract with Sanford by taking legal action. Depots contract with Sanford satisfies the necessary elements of consideration, consensus, intention, legality, and capacity: Consensus There was a written agreement that was signed by both parties. This is proof of an offer and signed acceptance. Consideration Sanford sold his business for $1.4 million to Depot this is an exchange. Intent Intention is presumed in commercial transactions such as the sale or purchase of a business. Capacity and legality There is no evidence to suggest that either party lacked capacity, and both were represented by legal counsel. There were no signs of illegality in the contract. Because the contract satisfies all major elements outlined above, it is enforceable under the rules of contract law. What will be the likely result if they go to trial? If they go to trial, Depot must successfully demonstrate that Sanford breached at least one of the provisions of the contract. The contract outlines one major restrictive covenant: a non-competition clause. In this case, Depot can sue Sanford for breaching the non-competition provision of the purchase and sale agreement. The non-competition clause is legally enforceable as it is reasonable, and it does not contradict public policy. The clause is also clear and unambiguous. It is specific as it denotes the time frame of five years and geographical range of one hundred kilometres that prohibit Sanford from engaging in the business of insurance brokerage. In order for the clause to be enforceable, these constraints need to be considered reasonable. The geographic and time-based restrictions are assumed to be reasonable in this case. Sanford violated the non-competition clause by opening his new insurance brokerage only two blocks away from Depot. Sanfords breach of the non-competition clause effectively gives Depot the right to claim damages. In order to be entitled to a remedy, Depot must prove in a court of law that Sanfords breach of contract adversely affected Depots business profits. Depot could then be awarded financial compensation (pecuniary damages) for the lost potential business. In addition, Depot may also be entitled to the equitable remedy of an injunction on Sanfords new business. This would mean Sanford would have stop business operations until the five-year time span has elapsed, allowing Depot to establish itself as a major industry player in the area. In terms of solicitation, Sanford did not actively solicit customers these customers chose to switch to Sanfords new firm at their own will. If the contract did include a non-solicitation clause, Depot would likely be unsuccessful in taking legal action with regards to it.   Depot should focus its legal efforts solely on the breach of the non-competition clause. Should Depot sue with respect to the overstatement of accounts receivable? Although there was an overstatement of the accounts receivable on Sanfords financial statements, Depot should not sue for this misrepresentation. This is because Sanford innocently miscalculated the accounts receivable figures; it was not done in a fraudulent or negligent manner. While the statement was a misrepresentation given the fact that it was false, unambiguous, concerned with a fact, and material, it does not fully satisfy all of elements of actionable misrepresentation. As a result, Depot should not sue. In the case of innocent misrepresentation, the result is the remedy of rescission. This means that the contract would be cancelled, and both parties would return to their pre-contractual ownership positions. This is likely not in Depots best interest, as they have already owned the business for two years, and have thus invested a significant amount of time and money into the businesss development. Moreover, Depot has known about this error since approximately January 2015, and did not act upon it immediately. This reduces the likelihood of the remedy of rescission. Due to the innocent nature of the misrepresentation, and the fact that the only outcome is rescission, Depot should not pursue any legal remedy with regards to the misstated accounts receivable. What should Depot do? For the reasons outlined above, Depot should sue Sanford for breaching their contract, specifically the non-competition clause of it. The company is very likely to win a legal dispute against Sanford, and runs the risk of losing even more business to Sanford if they choose to remain passive. Going forward, Depot should hire a lawyer to represent them, and to examine precedent cases in order to evaluate the most appropriate course of legal action. Depot should also consider whether or not the financial compensation that may be awarded in a lawsuit will outweigh the direct and indirect costs involved in a lawsuit. Legal action is most likely worth Depots time and money in this case, as an injunction on Sanford would allow them to establish themselves in the insurance industry and create customer relationships without Sanfords competition for the remaining time frame of the covenant. In order to avoid losing more customers to Sanford, who has many connections and more experience in the local competitive landscape, Depot should pursue legal action immediately.

Mutual Trust in Employment Contracts

Mutual Trust in Employment Contracts Introduction In all the employment contracts a term mutual trust and confidence which is also known as the duty to act reasonably and fairly is implied or not is the question for over the past years. As per the labor regulations in Australia, different range of sources provides different rights and responsibilities of employers and employees, which also creates a huge different level of complications while going through these sources. These terms will generally be implied in an employment contract in Australia that has been widely acknowledged, but at the same time the debate on awarding the damages for a breach of these terms in some of the Australian courts will be challenging as well. Contract Contract is a legal document that states and explains a formal agreement between two different people or groups, or the agreement itself.[1] There are two kinds of contract and they are Express and Implied contract. Express contract is a type of contract which parties state the terms either orally or in writing at the time of its formation. On the other hand implied contract is a contract where terms and condition are not expressly defined at the time of its formation.[2] Employment Contract Employment contract is a category of contract, which used in employment. It is a relation between both parties on the one and stands an employee who is employed by an employer. It contains all terms and condition regarding employment.[3] Mutual Trust and Confidence in Good Faith Analyzing the concepts is very much necessary when it comes to â€Å"breach of mutual trust and confidence† and â€Å"the duty of mutual trust and confidence†. There is a lot of difference between the duty of good faith and the mutual trust and confidence. One talks about the implied duty that will relate to the terms of the contract and the relationship and whereas other talks about the incident of the employment relationship (right to Control). [4] When it comes to incident of the employment relationship, there comes a question whether the relationship of trust and confidence exists or not. Which totally depends on the nature of the employment. So there is a doubt that it has existed and continues to exist, a necessary relationship of trust and confidence between employer and employee. In an employment relationship the subsistence of mutual trust and confidence is very much essential to it. Because the employer cannot accept disloyalty of an employee who has undermine the employer’s business interest.[5] So the employee should not remain with the employer in employment because the employee has destroyed the trust and confidence in the working relationship. Employee’s destruction of trust can be evidenced by different types of conduct and which also depends on the circumstances of the employment. Some of the examples of different types of conduct, which may destroy the trust and confidence, are: demotion;[6] unwarranted carping criticism;[7] withdrawal of employment benefits.[8] It was first originated from the series of cases in the United Kingdom, in which employees totally blame employers for termination of their employment; despite this employers did not expressly dismiss these employees.[9] If any employee can make out that the employer’s conduct was so destructive of mutual trust and confidence, which properly ties up the parties to an employment relationship, than the employee treats employer’s conduct as constructive dismissal. In terms of contract law, employer’s conduct is treated as a repudiation of the employment contract by the employee as they are permitted to do so and elects to terminate the contract and claim damages for wrongful dismissal. On this basis in many of the cases, employee was seeking to claim statutory compensation for termination under the Employment Rights Act 1996 (UK) c 18.[10] Into the English employment law, duty was cemented by the decisions of House of Lords for example in Malik v Bank of credit and Commerce International SA (‘Malik’).[11] This was actually the test case for determining whether the breach of the duty is not to destroy mutual trust and confidence that could sound in damages. So it was held that mutual trust could sound in damages during employment as a consequence of the employer’s breach, that is why following this decision, not to destroy the mutual trust has been engaged to address a wide variety of claims. For example, in Clark v Nomura International Plc[12] and Clark v BET plc[13] So in the development of this duty in English law, which actually came from the decisions of a majority of the House of Lords that breach the common law duty of mutual trust, good faith and fair dealing would not sound damages until the damages flow from only the termination of the employment relationship. So to overreach the limitations already determined by statute,[14] the House of Lords held the common law not to be developed. Since in the United Kingdom the legislation has already imposed a cap on damages for termination of the employment, and also exercising the common law jurisdiction should not award damages that exceed the statutory limits for termination. To compensate for any losses incurred by the employee, damages might be awarded as a consequence of breach of employment contract during employment, but also not for any loss surffered as a consequence of loosing the job.[15] English scientific study of law has allowed damages for breach of the obligation that is not to destroy the trust and confidence, but even not when the damage flowed from the fact or manner of dismissal. Most importantly, in the English Law ‘the giving of the lawful notice cannot itself constitute a breach of the implied term.’[16] When it comes to Australian case law it has generally assumed that duty has been existed not to act in a manner or likely to destroy the mutual trust and confidence when it comes to employment relationship,[17] though no appellate court decision has depended upon such a findings.[18] Both parties to an employment relationship bear the duty not to destroy the mutual trust and confidence has assumed by the Australian courts in more recent times. When it comes to the English law, destruction of mutual trust signifies to the situation in which employees refuses to do something that are legally required to do as per employment contract and than identifies who is to be blamed if termination of the contract ensues. But whereas in Australian law, destruction of mutual trust and confidence has not been found to sound any damages on its own. In Australian case law it distinguishes between the employment relationship and employment contract.[19] The employment relationship is nothing but the actual dealing between employer and employee regulated by different types of law that includes common law of contract and also statutes that impose the mandatory obligations on the parties.[20] Whereas in terms of employment contract it is not automatically terminated when there is dest ruction of relationship of trust, but by electing innocent party.[21] In such circumstances the employees who gets terminated are entitled to be paid any remuneration or some other benefits according to his or her loss of account of premature termination of the employment contract.[22] This also means the payment of remuneration and other benefits that would have been received during a proper notice period. More importantly, the obligation not to destroy the mutual trust does not constrain an employer to take the decision to terminate the employment. So as long as the employer brings together the terms of the contract, and without prior notice and explaining how it should be done the employer is not at all liable for breaching the employment contract simply by deciding to terminate the employee.[23] Australian law has not gone so far unlike the English law, where the obligation is not to destroy mutual trust and confidence with a general duty of good faith and fair dealing in the employment contracts, in which breach might sound in damages. In some of the Australian cases there are few suggestions that on one hand there is two obligations of mutual trust and confidence, and on other hand the good faith, are having nearly the same meaning and these statements tend to be made by the courts who have found to decide upon the matter without any obligations.[24] According to Russell (Appeal) in 2008 â€Å"Although there were said to be two implied terms, it is probably sufficient to identify them as a single obligation.† [25] They derive from the same source, as siblings, that show the existence of a relationship of employment but again to understand it in the better way make it the separate concepts of each of them and with different functions. It is just a matter of choosing a vocabulary to assist in the clear articulation of separate concepts. The terminology of ‘mutual trust and confidence’ is very useful to describe in a particular characteristic of an employment contract that distinguishes it from a contract of sale or other contractual arrangement. Also ‘good faith’ is described as governing principle that is best engaged in interpretation and construction of relational contracts such as employment. Commonwealth v Barker It was in the year 2009 where the Commonwealth Bank of Australia took a step forward to change its Corporate and Financial Services business unit, due to which Mr. Barker’s position in the Bank was removed. As per the policy of the company, if they don’t require any position of the employee they will need to place that concern employee to the other part of the department or other position in the company. But in the case of Mr. Barker the Commonwealth Bank did not imply this policy. On 2 March 2009 Mr. Barker was send a letter to inform him about the redundant of his position but the Bank would like to send him to other area of the Bank. Later there was a meeting where Mr. Barker was told to clear out his desk, give away the keys and mobile phone and not to come to work. The Bank also stops Mr. Barker’s email and intranet facilities. On 9th April 2009, Mr. Barker was sent a letter of termination due to his redundancy and there was no sign of redeploy for Mr. Barker by the Bank. Mr. Barker had given his 23 years in the Bank and his contract of employment showed that he would be terminated only if the Bank is unable to give him a different position but there was no proper word in the contract apart from potential operation of an implied term of mutual trust and confidence. Mr. Barker’s file the case to the trial judge against the Commonwealth Bank and that included the failure of the Commonwealth Bank to give him the employment in some other department of the Bank.[26] What the Bank did to Mr. Barker was not according to the term of the contract of employment. As per the contract there should be mutual trust and confidence between employer and employee but that didn’t work at his time his employment. The policy of the company for redeployment was not utilized at his case of redundant of his position. Mr. Barker was entitled $300,000 from the bank for not following the company’s policy of redeployment. The case was then requested to the Federal Court as the Bank felt the Trial judge has made mistake in giving justice without any proper evidence. The courts refused to accept the appeal as Mr. Barker was more favorable and for this reason Jacobson and Lander JJ were appointed to go through the case in detail under Australian Law. [27] They came to the conclusion on the following grounds: In the court of England the policy support the implied term with the contemporary employment relationship.[28] The employment relationship should take part necessary of common interest and partnership fairly than a serious disagreement or argument.[29] These typical parts called for the result of an action or a decision by law of an obligation, for which employment relationship need to be in its original state.[30] According to the majority, the implied term only work in a particular way in respect of conduct and form a unit by it from the manner of termination of the contract of employment that is, it does not apply at the point of dismissing someone from their job or to steps inextricably linked with dismissal.[31] It was easy to see or understand from their reasons for decision that Jacobson and Lander JJ held that the implication of the implied term by law was necessary For Jacobson and Lander JJ, the Bank’s failure to give redeployment policy was not the important factor. As they found the Bank has not implied term or made something happen: Mr. Barker was a senior employee and worked for more than 23 years. The Common wealth bank was a large corporate organization and The contract (clause 8) contains that the employment may be terminated if the Bank were unable to place the employee in other position.[32] In these conditions of the facts, Jacobson and Lander JJ held that the implied term required the Bank to take positive steps from 2nd March 2009 to advice Mr. Barker about the possibility of redeployment and to give him the option to apply for alternative position within the Bank. [33] Jacobson and Lander JJ confirmed that Mr. Barker has been gone through hurt and distress and even loss of reputations that can never be recovered.[34] As an alternative reason for holding the Bank was liable, Jacobson and Lander JJ found that the same circumstances triggered the operation of the implied tasks of the organization in the contract of employment.[35] This implied the state of being forced upon the need for one party to take positive steps without which the other party is unable to enjoy a right or to be in a better position because of the contract.[36] By comparing the case where an employee despite to be knowing for the benefit unless it is brought to his attention by the employer. [37] After paying great attention to details and had judgment in which he completely study the gradual development of English and Australian case law in relation with the implied term of mutual trust and confidence, Jessup J concluded that: â€Å"the question whether the implied term is part of the law of contracts of employment in Australia has never been answered in the affirmative by an Australian appellate court in the sense of being of the ratio decided.†[38] His Honor went onto hold that the implied term of mutual trust and confidence was not needed for the pleasure of the rights conferred by the contract of employment.[39] Jessup J described the implied term as having â€Å"the potential to act as a Trojan horse in the sense of revealing only after the event the specific prohibitions which it imports into the contract.†[40] His honor makes a decision that the implied term, if accepted, â€Å"would enable defined limits in the existing fabric of common law and equitable remedies to be side-stepped†; and that the implied term would â€Å"overlap a number of legislated prohibition and requirements, thus tending to compromise the democratically-drawn architecture† by closely connected with the employment obligations.[41] Jessup J further held that the fact of being express reservation in the Bank’s redeployment policy â€Å"did not †¦leave any scope for the conclusion that by merely failing to comply with the policy, the Bank breached the implied term.†[42] The largest part of the case was in favor of Mr. Barker and at least for now, that in the period of time when express terms to the contrary is away, there is an implied term of mutual trust and confidence in every Australian employment contract. The decision moved to a higher level for consideration if the employers should clearly deliberate the implied term from employment contract. To whatever degree, it won’t be too complicated as given: As far as possible giving particular attention to the implied term, and The way of dealing by the majority judges, that particular circumstance triggered the operation of the implied term. The majority decision is turned upside down by the High Court of Australia on appeal; employers now need to put the implied term of mutual trust and confidence and the implied duty of cooperation to their list for them to remember all the time. In addition to the matters such as rise in the adverse action claims in dealing with their employees. When it comes to advantages and disadvantages for employers and employees of having such an implied term in the employment contract, employees should always remain faithful and sincere to the employer’s interest. Any confidential document or information of the company should not be shared outside the workplace to its competitors and it should remain internal within the workplace.[43] Whereas employers make decisions from the policies so they have to pay extra attention to its policies and regulations. In Barkers case federal court advised the employers to conduct themselves in a way that it wont destroy their relationship of trust and confidence with employee. When it comes to common law employers have to make sure that workplace is a safe place for employees to work. Employees have a huge advantage in having the implied term mutual trust and confidence because if there is a severe breach in the employment policies which is found than through the award of damages by the court, it will not only be considered a breach of an implied term. Conclusion In my view the term mutual trust and confidence is very much important to be implied in the employment contract. Because having the term mutual trust and confidence in the contract will create a comfortable working environment and also conditions can be achieved between both employer and employee. Incase if such implied term is not reflecting in the employment contract than either the employer or the employee would be permitted to act in a way that is not necessarily in accordance with the will of the contract. And also the practice of obeying rules between employer and employee are included in the viewpoint of an implied term. [1] Cambridge Advance Learner Dictionary (3rd Editioin) [2] ibid [3] Mark Freedland, the personal employment contract 2003 Oxford University press. [4] Gillies v Downer EDI Limited [2011] NSWSC 1055 [5] Concut Pty Ltd v Worrell (2000) 176 ALR 693. [6] Russian v Woolworths (SA) Pty Ltd (1995) 64 IR 169. [7] Lewis v Motorworld Garages Ltd [1986] ICR 157. [8] Clark v Nomura International plc [2000] IRLR 766. [9] Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84. [10] Lewis v Motorworld Garages Ltd [1986] ICR 157. [11] [1998] AC 20. [12] [2000] IRLR 766. [13] [1997] IRLR 348. [14] Johnson v Unisys Ltd [2003] 1 AC 518, 544 [56]–[58] (Lord Hoffmann). [15] Gogay v Hertfordshire County Council [2000] IRLR 703. [16] Kerry Foods Ltd v Lynch [2005] IRLR 680, 682 [16] (Clark J). [17] Sappideen et al, above n 10, 162 [5.230] and the cases cited there. [18] Aldersea v Public Transport Corporation (2001) 3 VR 499. [19] Visscher v Giudice (2009) 239 CLR 361. [20]Byrne v Australian Airlines Ltd (1995) 185 CLR 410. [21] Visscher v Giudice (2009) 239 CLR 361. [22] Thomson v Orica Australia Pty Ltd (2002) 116 IR 186. [23] Russell (Trial) (2007) 69 NSWLR 198; Rogan-Gardiner [2010] WASC 290 (22 October 2010). [24] Russell (Appeal) (2008) 72 NSWLR 559, 567 [32], [25] ibid [26]Barker v Commonwealth Bank of Australia[2012] FCA 942 (3 September 2012). [27] 2013] FCAFC 83 at para [79], [28] 2013] FCAFC 83 at paras [94]-[95], [29] [2013] FCAFC 83 at para [81], referring to the Full Court of the SA Supreme Court decision inSouth Australia v McDonald(2009) 104 SASR 344 [30] [2013] FCAFC 83 at paras [72], [107]. [31] [2013] FCAFC 83 at paras [72], [97]. [32] [2013] FCAFC 83 at paras [110]-[111]. [33] [2013] FCAFC 83 at paras [112], [117], [130]-[132]. [34] 2013] FCAFC 83 at paras [152]-[158]. [35] 2013] FCAFC 83 at paras [118]-[128]. [36] 2013] FCAFC 83 at para [122]. [37]As in the House of Lords decision inScally v Southern Health and Social Services Board[1992] 1 AC 294, discussed by the majority inBarker[2013] FCAFC 83 at paras [114]-[115], [123], [128]. [38] 2013] FCAFC 83 at para [280 [39] 2013] FCAFC 83 at paras [288]- [295], especially paras [289]-[290]. [40] 2013] FCAFC 83 at para [340]. [41] 2013] FCAFC 83 at para [340]. [42] [2013] FCAFC 83 at para [351]. [43] Ansell Rubber Co Pty Ltd v Allied Rubber Industries Pty Ltd (1967) VR 37.

Summit for hire? :: essays research papers

The day after Univ. of Tennessee’s Pat Summit eclipsed North Carolina’s Dean Smith for most career wins by a Division I Head Basketball Coach some suggested that she would be a good choice to lead the Vols' men's squad. UT has since hired a male coach. Yet we are still left with the question of whether Summit should be considered for, or accept any such job. The 800-pound gorilla in this argument is whether Summit deserves to lay claim to the title as "all-time winningest Division I basketball coach." In a purely statistical sense, she does. But comparing the women's and men's games is like comparing, well, women and men. They're completely different. Sadaharu Oh hit more home runs than Hank Aaron, but nobody would say the two men are comparable, since Oh played in Japan, and Aaron played in the U.S. John Gagliardi won more football games than Bobby Bowden. Again, a difference: Gagliardi coached in Division III, while Bowden spent most of his time in the I-A rank. And Summit has more wins than Smith. But we're talking about two different sports. Not better or worse, different. Smith is the men's wins champion, and Summit holds the women's title; two different sports, two different leaders. The reason Summit shouldn't consider taking the men's job is that she could end up damaging the women's game by doing so. She is a giant in her sport, the most successful coach ever and the builder of the program every other school wants to emulate. If she were to take over the UT men's team and not win big, there would be joy among those who consider women's college basketball inferior. Summit has never recruited men's players. She would have to build a new network of high school and AAU contacts to help funnel her players. She would have to deal with prep stars who believe their next dribble should be for NBA millions, not collegiate glory. That doesn't exist (yet) in the women's game. And she would face the challenge of convincing families and players that playing for a woman is no different than playing for a man. Fail to do any of that, and Summit won't get the players to compete at the highest level. And if she doesn't win -- and win big -- she will be viewed by many as the queen of the minor leagues who failed at her shot in â€Å"the bigs.

Reasons to End Social Poisoning on the Internet Essay -- Censorship Cy

Reasons to End Social Poisoning on the Internet [NOTE: Many of the links the student refers to are no longer active.] While spreading the word of knowledge to the masses, the internet simultaneously dispenses social poisons. Many of the recipients are, unfortunately, children, and despite the American policy of free-speech, this kind of unintentional inculcation must stop. One of the problems lies in the fact that the right to criticize and the right to display "poisonous" material are one in the same: The Right of Freedom of Speech. But should a clear and present danger to social health take priority over the rights of an individual? Does the individual even have power? In Digital Literacy, Paul Gilster observes that "A global web of communications... points to a viruslike spread of ideas" (Gilster 27). Should society protect its youth from this "viruslike spread" by regulating content on the internet? These questions are tough to answer, but this paper will address them, introduce a socially harmful hate site, and reveal why society needs to be rid of the poison on the internet. One of the problems with social contemplation on this subject, though, is that this situation is relatively unknown to history. Though the power structure of the internet has been compared to centralized government, decentralized government and social anarchy, Jess Holbrook, in a discussion on November 24, accurately cited the internet as being "unlike anything else we’ve ever seen." So perhaps time should be taken to evaluate the effects of the internet on not just the nation’s youth, but the nation in general. While the evaluation is taking place, the presence of these social poisons on the internet must be recognized. The American Nazi ... ... real life himself, only the former is readily available to children. There needs to be a body which regulates the poison on the internet and makes it safe for the child to "surf the net." Not all sites on the internet are terrifying and problematic. But imagine a black child, whose ancestors survived the slave trade, coming across the American Nazi Party site, and "learning" that they are evil because of their skin color. No child should be exposed to this. Works Cited - Bolter, David Jay. Writing Space; The Computer, Hypertext, and the History of Writing. Lawrence Erlbaum Associates. Hillsdale, New Jersey; 1991. - Gilster, Paul. Digital Literacy. Wiley Computer Publishing. New York. - Hall III, William B. "American Nazi Party." 28 November 1998. 5 December 1998 <http://home.earthlink.net/~wbhall/>. - Landow, George P. Hypertext 2.0. Johns Hopkins.

Organization Psychology Essay

During the period between 2002 and 2005 a cancer center in Jordan i. e. King Hussein Cancer Center (KHCC) changed its organization model from traditional to transformed model. The need for transformation was in response to external factors of the environment in order to accommodate the needs of its stakeholders. Initially the center was called Al-Amar center which had operations and image problems that were affecting the organization (Miller, 2006). Al-Amar centre was perceived to be ineffective institution for caring of cancer . However it has transformed into a comprehensive centre for cancer that resemble western styles. The name of this centre changed to King Hussein Cancer Centre (KHCC) following the change between 2002 and 2005 there were improved care services and improved its quality levels. In the same period the center was accredited and achieved Joint Commission International (JCI) (Miller, 2006). Organization Psychology Following the changes of KHCC it was able to achieve accountability, fiscal balance, certificate of accreditation from the international body and diversification of the service. There are three concepts which are believed to have led to the rapid changes in KHCC these are transnational culture, transformational leadership and political competence (Jeffrey, Gregory & Andrew, 2007). Both natural and political values are included in transformational leadership formulation. Transformational leadership can be explained by looking at the values, norms and cultural organization behavior; others are like internal negotiations, political influence in assessing such resources and setting external boundaries. The mechanisms that facilitated changes lie within the capabilities of the leaders and their behavior. The leaders in KHCC were seen to sacrifice themselves a great deal in drawing out themselves and the followers. The leaders were devoted to attend to the needs of patients and those of lower level employees. This was in an effort to raise the healthcare standards the attributes that result from transformational leadership are universal and are mediated by specific cultural expectations from the lower employees (Miller, 2006). The characteristics of leadership in KHCC were not cultural specific. There is new form of leadership that is different from the previous one. The new leadership is goal oriented and allows participation of the followers in identification, implementation and evaluation of projects and programs aimed at improving the performance of the healthcare. However transformational leadership can be autocratic or democratic but the form of leadership that is observed in KHCC involves all the stakeholders in the project design and implementation of their programs. The aspect of involvement of the stakeholders fall under four components in KHCC i. e. intellectual stimulation, idealized stimulation, ideological motivation and individual consideration (Jeffrey, Gregory & Andrew, 2007). Inspirational motivation can be created by leaders by articulating the future of the organization through setting of higher goals and standards that are inspiring and appealing to the follower. These goals or standards make the follower to be optimistic in what they are doing and therefore they will sacrifice themselves even where there are difficulties. For an organization to move to higher level of service it requires the team members to sacrifice themselves. Activities such as problem solving, daily meeting and working in late hour’s in order to meet the goals and objectives of the organization requires personal sacrifice and therefore there is need for the stake holders to be motivated (Miller, 2006). Initially the safety of the patients was compromised and therefore the leaders and the followers of KHCC committed themselves inured to create higher standards and improve the health care services. Idealized influence can be achieved when the follower admire or emulate a leader as being ideal. The followers of KHCC admired their leaders since they had high level of commitment, show of professionalism and they were willing to take care of patients. Respect of the leaders is also necessary in the achievement of the vision of the organization. In KHCC the goals are expressed to the team as inspirations and all the stakeholders are involved. There is training for staff at all levels based on the individual needs. Team building serves to reinforce commitment mutual respect and gathering ideas. Intellectual stimulation and individual consideration are behaviors among the leaders that attend to individuals with challenging issues or needs, concerns and soliciting the ideas of others (Andrea, 1997). Cultural sensitivity also contributed to the transformation of KHCC. This refers to the art of understanding the preference, norms and biases which may result to ineffective patient interaction. Cultural sensitivity and competence contribute to the success of the organization. At KHCC the staffs are recruited with knowledge of global technologies and communication that contribute to a medical society globally. Currently many international corporations are living expatriates with both local and western knowledge. Cultural competence can be gained by deploying information technology (Bommel, 2005). Prior to the transformation of KHCC information technology was poor and therefore the rapid growth of the center required a wider distribution of information technology. At KHCC video conferencing internet and e-mail access, access to national and global libraries of health, telepathology have been made possible. The increased use of information technology has influenced transnational culture (Moe, 2007). The establishment of the information technology was to enhance the health services to patients. The technologies have made KHCC to advance into western center for cancer. There is advanced training that has facilitated competent and qualified clinical scientist who is familiar with therapeutic and clinical oncopology practice. Through the training they have succeeded in both internal and international medical environment (Bommel, 2005). â€Å"End of life† is a service that has been implemented in KHCC and did not exist previously. This is a system that was implemented during transformation and was aimed at prolonging life. The system is also aimed at paying attention to quality of life of patients. The staffs have been able to create and mobilize cultural support through training that they undergo under palliative care. The staff has also diversified their language in order to break the language barrier and cater for the needs of all the stake holders. The influence and control between the stakeholders also have contributed to the rapid transformation of KHCC. The confidence and trust that is created by the leaders confer the followers’ willingness to follow or have an explanation of their willingness. KHCC staffs were able to create this confidence among their followers and therefore contributed to the rapid growth (Andrea, 1997). The staffs were also genuine and sincere in their commitment towards the achievement of KHCC the relationship between the domestic organization of healthcare, senior staffs and the overseas organization was vital for the transformation of KHCC. This relationship enabled the center to use effectively the technologies in order to cater for the needs of the stakeholders. Conclusion Culture extends beyond the boundaries of institutes. The professional role of culture and cultural context that is carried within information technology can make globalization to be possible. Political competence as a characteristic of a leader has a particular utility in the role of government in promoting health care and resource use and exchanges. Government incentives should include political capabilities in setting external broader boundaries in environment. Political capabilities can help to achieve the desired goals of an institution since they impact on their financial status. Therefore political competence need to be identified and leaders be trained on how to posses them. During the rapid changes of KHCC there were growing number of patients and programs and services increased (Moe, 2007)

Building Refurbishment and maintenance

A sustainable building is a building which is in its construction performs in an environmentally sound way, essentially in terms of energy and water efficiency and waste/pollution management. These key factors are the core of buildings sustainability after its maintenance. They also result in minimal environmental pollution hence no environmental risk Optimizing energy use:- With concerns for energy security increasing, it’s vital to consider the impact of greenhouse gases on world climate rising, therefore essential to find of reducing load, increase efficiency and utilize renewable energy resources.Considering the refurbished building both the restaurant and the bar. Backup power energy should be put into consideration, they include solar source, battery backup for the pool/snooker floor and both restaurant and bar. Energy usage should be shared according to the need of each floors need. Cabling of both the data and power cables should be done by professionals to avoid any f uture power problem including disaster in then building. Protect and conserve water:- In many parts of the country, fresh water is an increasingly scarce resource.A sustainable building should reduce control, or treat site-runoff, use water efficiently, and reuse or recycle water for on-site use when feasible. In the building the distribution of the water resource should also be based in each floors needs. Determining water consumption during the developing of a strategy for retaining water for re-use (commonly the water is re-used is toilet flushing, cooling towers or irrigation) (Taylor, 2006). The main bar and restaurant are a priority compared to the upper snooker and pool floor.It’s also vital to create a reservoir for the buildings water on top of the snooker/pool floor. This will enhance sustainability of then building in terms of water resource. Use of environmentally preferable products:- This sustainable building should be constructed of materials that will minimize life-cycle environmental impacts or hazard such as global warming, resource depletion, and human toxicity. The Executive order 13423 defines these environmentally preferable materials.They are products or services that have a minimal or reduced effect on human health and the environment when compared with competing products or services serving similar purpose. Thus, they contribute to improved worker safety and also health, reduced liabilities, reduced disposal costs, hence enhancing the buildings sustainability. Enhance indoor environmental quality:- The indoor environmental quality of the building has a significant impact on occupant health, comfort, and productivity.Therefore this intended sustainable building should maximize day lighting with appropriate ventilation and moisture control, no use of materials with high-Volatile Organic Compounds emissions. Additional consideration must be given to ventilation and filtration to mitigate chemical, biological, and radiological attac k in the general building. The building should also consider remedies to smokers in the bar and snooker /pool apartment and be able to ensure that no-smokers in and out of the building are not affected. This can be easily enhanced by creating a special room to cater for such customers.This room should be sealed and properly ventilated to avoid any air toxic pollution to the environment. The building should also meet requirements of environmental legislation, protect and enhance natural environment and protect human health and well being. Optimize operational and maintenance practices:- It’s also vital to incorporate operating and maintenance considerations into the refurbishing of this facility this will greatly contribute to improved working environments, higher productivity and reduced energy and resource costs.Designers should be encouraged to specify materials and systems that simplify or reduce maintenance requirements, such should require less water, energy, and toxic c hemicals and cleaners to maintain; and are cost-effective and reduce life-cycle costs hence enhancing sustainability if the building in general. In general ensuring the specification refurbished and maintained building takes account of economic, social and environmental issues and should set targets for key performance indicators, such as energy, water use and waste production minimized. .Reflective question My personal reflection of then research on adopting and maintaining a building such as this story building is varied in my view and understanding. They consecutively include:- Important issues:-It’s vital and important to consider energy, water, and environmental impacts of the building during refurbishment and maintenance. Energy enhances and ensures the buildings sustainability by providing necessary energy requirement for both the restaurant and the bar. A good measure for backup of energy also ensures the buildings sustainability.Water is a major consideration in any premise that is to be sustained for a long time. Ensuring that correct measures and precautions are taken to conserve this precious commodity will lead to the buildings sustainability. Environmental precautions from all harmful products are also a necessity to consider not only to sustain the building but also to ensure the safety of the people in the premise. Meaningful issues: – It was meaningful to establish a collaborate design model that enhances the buildings sustainability. I found out the benefits of documenting a maintenance policy becausecomprehensive maintenance policy will: facilitate compliance with relevant government policies and statutory requirements hence ensuring the buildings sustainability. Facilitate consistency in department of bar, restaurant and snooker/pool rooms, maintenance also promote effective maintenance and management practices among departmental asset and facility managers support the conduct of maintenance activities by service providers. Th e determination of condition standard ratings for building assets as per MMF policy requirement 2 is fundamental to the maintenance management process.The standards provide a clear statement of the level to which assets in the building must be maintained to meet service delivery needs. Condition standards: are the departmental maintenance strategies and plans Building Maintenance Policy, Strategy Development Maintenance Management Framework Guideline 5 element groups ( like superstructure, finishes, services) elements (like roof, external walls, floor finishes, lighting, air conditioning) sub-elements (like brick walls, distribution boards, ductwork, controls).are benchmarks against which building condition assessment results is evaluated (thus identifying the extent of any gap between desired and actual building condition) facilitate the analysis of actual condition over time (such as detection, monitoring and forward-projection of trends in building condition) hence, during the co ndition assessment process, maintenance service providers focus only on work required to bring up an asset to the specified condition (rather than unnecessarily identify work that may exceed departmental requirements).Determination of condition standards is more effective when undertaken by departmental teams involving: facility managers; asset user representative’s business managers; portfolio asset managers; and maintenance service providers. Good issues:- I also noted that assessing all possible uses of existing buildings, recycling buildings and spaces for reuse in the shortest practicable time, saves as much as possible of the existing infrastructure. Keeping records of what is there at the moment is important, prior to any demolition process.Decisive issues: – I also noted that the condition of a building refurbishing asset such as a building’s physical state of repair influences its physical and also functional performance. Its vital for a building to ass ign standard such: Condition standard rating, departmental maintenance, as before assigning a condition standard rating to a building asset, departments should carefully consider what they require of that asset (bar and Restaurant and the snooker/pool rooms). The ratings should begin with a review of department’s service delivery plan.This review determines: The criticality to service delivery, and the required function for each of the three building portfolio. (1) Assigning condition standard ratings (2) preparing a departmental maintenance strategy (3) developing a Strategic Maintenance Plan. Uncomfortable issues: – It was also worth and uncomfortable to note that finishes of building elements such as walls and coatings of certain equipment inside buildings can release toxic contaminants into air, causing air pollution especially indoors. Another problem of building use is the generation of solid waste and wastewater in this time of fewer water supplies.Conclusions T o conclude the refurbishing and maintenance of the three story building with a bar, restaurant and snooker/pool. It has been vehemently established that in refurbishing a building like this, to enhance its sustainability, one should consider the three main factors that include energy, water and environmental concerns of both the inhabitants and the neighbours, but also not neglecting other factors that lead to its sustainability that have been discussed above. Re-evaluation of the energy and water performance of each building that has been completed has to be implemented (Adelaide City Council, 2007).Therefore considering all this one will be able to refurbish, maintain and sustain a building. Sources Managing Your Environmental Responsibilities. ( 2005). A Planning Guide for Construction Development by U. S. Environmental Protection Agency Taylor, B. (2006. June), The ten key principles of green fire, White Paper, Melbourne: Adelaide City Council (2007), Environment projects, Acces sed from http://www. adelaidecitycouncil. com/scripts/nc. dll? ADCC:STANDARD::pc=PC_175 The State University of New York (2004). UB High Performance Building Guidelines by the University at Buffalo, the State University of New York