Capacity Contract Law

Question 1(i) Phing, 17 years old daughter of a wealthy businessman is currently studying at a University College at Kelana Jaya. She bought a luxury car Audi R8 worth RM 900,000. The car has now been delivered but she is unable to payfor it. Firstly, Phing is a 17 years old teenager which also known as minor. Minor is a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract. In Capacity of Section 11 define a person who is of the age of majority, sound mind and is not disqualified from contracting under any law.Age of majority is recognized as above 18 years of age as stated in the  Age of Majority Act 1971. Below are similar with the case, which case 1: Ryder v. Wombwell (1868), the defendant, an infant, having an income of only 500 Pounds per year was supplied a pair of crystal, ruby and diamond solitaries and an antique silver goblet. It was held that these things could not be considered to be nec essaries. It was observed that certain things like ear rings for a male, spectacles for a blind person, or a wild animal, cannot be considered as necessaries.For another case which case 2: Mohori Bibee v. Dharmodas Ghose (1903) the plaintiff, Dharmodas Ghose, while he was a minor, mortgaged his property in favour of the defendant, Brahmo Dutt, who was a moneylender to secure a loan of Rs. 20,000. The actual amount of loan given was less than Rs. 20,000. At the time of the transaction the attorney, who acted on behalf of the money lender, had the knowledge that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him.Held mortgage was void and inoperative and the same should be cancelled. In the Phing case, she is unable to pay for luxury car Audi R8 which is already delivered to her. Under the Sale of Goods Act (1979) Phing is against the section 32 of the Act goes on to say that unless otherwis e agreed, delivery of the goods and payment of the price are concurrent conditions. This means that the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods.However, before look on the section 32 of the Act we also have to refer the Section 3(2) of the Act. Under this section, necessaries are defined as the goods are suitable to the condition in life of the minor or other person concerned and to his actual requirements at the time of sale and delivery. â€Å"Necessaries† are things which are essential to the existence and reasonable comfort of the infant. Luxurious articles are excluded. Thus, what may be termed as necessaries depends on the nature of goods supplied as well as the infant’s actual needs.In the next case which case 3: Fawcett v Smthurst (1914) the court ruled that a minor is not bound by a contract for the hire of a car, although it was a necessary service, as the contract included the terms which make him liable for damage to the car ‘in any event’, whether or not the damage in his fault. Where there is a binding contract for necessaries, the minor is only bound to pay a reasonable price for them. Next case is relevant with luxury cases, case 4: Chapple v. Cooper (1844) a minor whose husband had recently died contracted with undertakers for his funeral.She later refused to pay the cost of the funeral, claiming her incapacity to contract. The court held her liable to pay the bill. The funeral was for her private benefit and was a necessary as she had an obvious obligation to bury her dead husband. In the next, case 5: Nash v Inman (1908) a Cambridge undergraduate, the son of an architect, was supplied with clothes, including 11 ‘fancy waistcoats’, to the value of $122. The cloth could be appropriate to the station in life of the undergraduate, but the contra ct was not enforceable because the minor was already adequately supplied with clothes.Therefore clothes supplied by the tailor could not be classified as necessaries. As conclusion, in the Phing case, she is only a minor and not has any income when she was studying, therefore, the luxury car may not be the necessaries for her. In conclusion, Phing buy luxury car Audi R8 contract is void, she is not obliged to accept and pay any damages. Question 1(ii) In this case, Phing is a 17 year old student bought a Myvi as a transport to travel back and forth from the college. In the element of contract, Phing is already against with the capacity section 11.In section 11 of capacity say that â€Å"Every person is competent to contract who is of age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. † It means that the following three categories of persons are not competent to contract . The position of a minor is a person who has not attained the age of majority is a minor. Section 4 of the age of majority, the minority of all males and females shall cease and determine within Malaysia at the age of 18 years and every such male and female attaining that age shall be of the age of majority.However, some contracts of capacity made by infants are not void there are contract for necessaries, contract for scholarships and contract for insurance. In the case of Phing bought a Myvi may be necessaries for her to travel back and forth from the college. According the section 69 of Contract Act (1950) say that the necessaries supplied to a minor â€Å"should be suited to his condition life† it does not mean the food, clothing, shelter and education, but such things which may be necessary to maintain a person according to his condition in life.Below is the cases that related with contract for necessaries, which case 1: Kunwarlal v. Surajmal (1963) It has held that the house given to a minor on rent for living and continuing his studies is deemed to be supply of necessaries suited to the minor’s conditions of life, and the rent for the house can be recovered. For another good summary case is case 2: Chapple v Cooper (1844) where the court ruled that the funeral service of her husband was a necessary service for the young widow in this case, so she was obliged to pay. In the case of case 3: Clowes v.Brook (1739) where, though the plaintiff Farrier's claim for work done on an infant's horse failed on technical pleading grounds, it would appear clearly to have been accepted by the Court that a horse could be a necessary in certain cases. In the case 4: Mohori Bibee v. Dharmodas Ghose (1903) case, the Privy Council did not consider it necessary to decide whether Section 115, Indian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age o f the borrower .Under the Section 3(2) of the Sale of Good Act (1979), provides that if goods are sold and delivered to minors  or those mentally incapacitated  the minor will be liable to pay a reasonable price if the goods are necessaries. The case more suitable for showing this section is case 5: Roberts v. Gray (1913), in this case a minor was held liable for his failure to perform a contract for a tour with the plaintiff, a noted billiards player. It was a contract for the instruction of the minor. The contract was wholly executory and but it was held that the contract was binding on him from its formation. In conclusion, in Phing case to purchasedMyvi, Myvi car is her necessaries good for her to travel back and forth from the college and she is able to afford it, so the contract for her to purchased Myvi car is valid. Question 1(iii) Phing is 17 year old, she is a student which studying at a University College at Kelana Jaya. She now has to take a state loan of RM 20,000 f or her studies in the college. 17 year old is not attained the age of majority, for another word Phing is also call as minor. In capacity section 11 define that a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract.The similar case that related which case 1: Burnard v. Haggis (1863), there a minor hired a mare. It was expressly agreed that the mare will be used only for riding and not â€Å"for jumping and larking. † The mare was made to jump over a fence; she was impaled on it and killed. It was held that the minor was liable for negligently killing the mare as his act was totally independent of the contract made by him. For another similar case, which case 2: Ballett v. Mingay (1943), there a minor hired a microphone and an ampliphier. Instead of returning the same to the owner the minor passed it on to his friend.It was held that the minor’s act of passing it on was altogether outsi de the purview of bailment and, therefore, the minor could be made liable for detinue. In the Phing case, she unable to have the contract to get the scholarship, but Under the Section 69 of Contract Act 1950, it is said that â€Å"if a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person. Under necessaries a minor can enter into valid contract if only it is the basic need of the minor and suitable of his or her station in life or lifestyle. The similar cases that related with, which case 3: Mohori Bibee v. Dharmodas Ghose (1903) case, the minor misrepresented his age while taking loan, but the fact that the person taking the loan is a minor was known to the money lender.The Privy Council did not consider it necessary to decide whether Section 115, In dian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age of the borrower. Contract of Scholarship between a minor and the government or non government organization is also under Section 4 (a) Contracts (Amendment) Act 1976 â€Å"the scholar entering into such agreement is not of the age of majority†. Next similar case, which case 4: Government of Malaysia v.Gurcharansingh & ors (1971) say that when the award, bursary, loan or scholarships granted by the federal or state government, a statutory authority, or an educational institution such as a university. Thisis a good example case to show the contract of scholarship, in this case Gurchran is a student who had received a government scholarship to undergo teacher training and was bonded to serve the government. However, Gurcharan left the service before completing his 5 years bond. When the Government sued Gurcharan f or breach of contract, he contended that he had no capacity to contract.The court, never the less, held that education was a necessary. For another good case is case 5: Harnedy v National Greyhound Racing Co. Ltd, where the contract does not appear to have had any connection, whether by way of analogy or otherwise, with contracts for the education or employment of children or contacts for personal services. The distinction between trading contracts and contracts for apprenticeship and education and analogous contracts may often be difficult to draw. Treitel has commented that, an infant haulage contractor is a trader, but probably an infant driver would not be.An infant house painter probably be regarded as a trader, but not an infant portrait painter. In conclusion, Phing have to take loan of scholarship to continue her study, so the scholarship will be the necessaries for Phing, so the contract for her to get scholarship is valid. Question 1(b) Johnny is an old man. He has childre n, Joe and Victoria. Johnny has informed everyone that when he dies, the property is to be shared equally among Joe and Victoria. He stays with Victoria and is totally dependent on her to look after him. Johnny loves Victoria and does whatever she tells him to do.Two months ago, Johnny transferred all his property to Victoria. In this case, Victoria take care of her father is her responsibility, but Johnny should not transfer all property to Victoria although he loves Victoria so much. Johnny should be fair for Joe too. On the other situation, Victoria maybe said something or persuades her father, Johnny to transfer all property to her. If this situation become true, Victoria is against vitiating factors, Section 10 – Contracts must be entered into with free consent of the parties and Section 10(1) – all agreements are contracts if they are made by the free consent of parties competent to contract.Section 14 Consent is free when it is not caused by Section 16(1) undue influence – Undue influence occur where there is a relationship between the parties and one party is in the position to dominate the will of the other. The dominant part uses that position to obtain an unfair advantage over the other. The word â€Å"undue influence† has the tendency to make people feel that it would include situations where one party is about to persuade the other through some kind of influence in a general sense ands. Undue influence can divide into actual undue influence and presumed undue influence.Actual undue influence as the name suggests, requires proof that the contract was entered into as a result of actual influence exerted. The claimant must plead and prove the acts which they assert amounted to undue influence. This may include such acts as threats to end  a relationship, continuing to badger the party where they have refused consent until they eventually give in. For presumed undue influence is no automatic presumption arising as a matte r of law. Here it must be established that there is a relationship of such a kind that one party in fact placed their trust and confidence in the other to safeguard their interest.Any relationship is capable of amounting to this examples include husband and wife, cohabitees, employer and employee. In Section 16(2) – person is in a position to dominate the will of another where he holds a real/apparent authority over the other, or where he stands in a fiduciary relation to the other, he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness or mental bodily distress. Next, in Section 16(3) – where a person who is in a position to dominate the will of another, enters into a contract ith him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that the contract was not induced by undue influence shall lie upon the person in a position to domina te the will of the other as the case 1: Re Craig (1971) C, an old man of 84 years whose wife had died, employed Mrs M as secretary/companion. From the beginning she occupied a position of trust, and in addition to running the house she took a confidential part in running C's affairs.From the time of Mrs M's employment and C's death (January 1959 – August 1964) he gave her gifts worth ? 28,000 from his total assets of ? 40,000. It was held by the Chancery Division that All the gifts complained of where such as to satisfy the requirements to raise the presumption of undue influence, namely, that they could not be accounted for on the ground of the ordinary motives on which ordinary men act, and secondly, that the relationship between C and Mrs M involved such confidence by C in Mrs M as to place her in a position to exercise undue influence over him.Mrs M failed to discharge the onus on her of establishing that the gifts were only made after ‘full, free and informed discu ssion' so as to rebut the presumption of undue influence. The gifts would, therefore, be set aside. Other similar cases, which case 2: Williams v Bailey (1866) – A son forged his father's signature on promissory notes and gave them to their bankers. At a meeting of all the parties at the bank, one of the bankers said to the father: â€Å"If the bills are yours we are all right; if they are not, we have only one course to pursue; we cannot be parties to compounding a felony. The bank's solicitor said it was a serious matter and the father's own solicitor added, â€Å"a case of transportation for life. † After further discussion as to the son's financial liability the bank's solicitor said that they could only look to the father. The father then agreed to make an equitable mortgage to the bank in consideration of the return of the promissory notes. The father succeeded in an action for cancellation of the agreement.It was held by Lord Westbury that the security given fo r the debt of the son by the father under such circumstances was not the security of a man who acted with that freedom and power of deliberation that must be considered as necessary to validate a contract to give security for the debt of another. Besides that, in the Singapore High Court case, which case 3: che Som bte. Yip & Ors. V. Maha Pte. Ltd. & Ors. ( Maha Pte. Ltd. & Anor. , Third Parties) a mortgage deed was set aside in so far as it affected the plaintiff over whom undue influence was exercised.In this case the relationship was that of brothers. This relationship does not per se (That is, on the face of it) give rise to a presumption of undue influence. However, the court found as a fact that undue influence was indeed exercised. In the next similar case, which case: 4 Inche Noriah v. Shaik Allie Bin Omar (1929) case, an old and illiterate Malay woman executed a deed of gift of a landed property in Singapore in favour of her nephew who had been managing her affairs. Before executing the deed the donor had independent advice from a lawyer who acted in good faith.However, he was unaware that the gift constituted practically he whole of her property and did not impress upon her that she could prudently, and equally effectively, have benefited the done by bestowing the property upon him by a will. Held the gift should be set aside as the presumption of undue influence, which is raised by the relationship proved to have been in existence between the parties, was not rebutted. A plea of undue influence can only be raised by a party to the contract and not by a third party, this have been show in the case, which case: 5 Malaysian Freach Bank Bhd. V. Abdullah bin Mohd Yusof & Ors.It was held that in order to establish undue influence, the defendants have to prove that the plaintiff was in a position to dominate their will and thus obtained an unfair advantage by using that position. In this case, there is undue influence involving family members or friends. O ften cases arise that involve family and friends who become parties to a contract. In general, family relationships, such as between husband and wife or parent and child, are confidential relationships. These relationships, like fiduciary relationships, have at their crux a history of â€Å"informal† trust and confidential dealings.In cases that arise where a family member gains a profit or distinct advantage through dealing with a weaker party, the courts have looked to see if the weaker party is very old, mentally incapacitated, suffering from debilitating sickness, or otherwise physically or psychologically impaired. Such physical or psychological impairment combined with a lack of independent advice and a contract giving an obvious advantage to a family member would force the stronger party to prove the contract's fairness. The cases of undue influence, which case:6 Allcard v.Skinner – Miss Allcard was introduced by the Revd Mr Nihill to Miss Skinner, a lady superi or of a religious order named â€Å"Protestant Sisters of the Poor†. She had to observe vows of poverty and obedience. Three days after becoming a member, Miss Allcard made a will bequeathing all property to Miss Skinner, and passed on railway stock that she came into possession of in 1872 and 1874. She then claimed the money back after she left the sisterhood. Held: Lindley LJ, held that she was unduly influenced but barred by laches from getting restitution.And in any case she would only have been able to recover as much of the gift as remained in the defendant’s hands after some of it had been spent in accordance with her wishes. Another next case, which case 7: In Royal Bank of Scotland v Etridge 2001, the House of Lord indicates that, in normal circumstances, a wife’s agreement to charge the matrimonial home as security for her husband’s business debts is not a transaction that calls for explanation. Undue influence connotes impropriety, and should o nly be found where the husband’s influence has been ‘misused ‘.Then, the other case, which case 8: Lloyds Bank Ltd v Bundy  (1974) – Herbert James Bundy was a farmer. His son, Michael, formed a MJB Plant Hire Ltd and it was in financial trouble. Mr Bundy had already guaranteed the business with a ? 7,500 charge over his only asset to Lloyds. This was his farmhouse at Yew Tree Farm,  Broadchalke, and Wiltshire. Michael's company got into more trouble still, and needed more money. Bundy's solicitor said not to put on any more money, but they went up to ? 11,000.The assistant manager of Lloyds, Mr Head explained the company's position to Bundy (i. e. a conflict of interest) but neglected to say the company was in serious trouble. Bundy signed the guarantee and charge form. Lloyds foreclosed on the house when the money was not paid, and Bundy had a heart attack in the witness box. The question was whether the contract leading to the repossession of the hous e was voidable for some iniquitous pressure. The held is that the contract was voidable due to the unequal bargaining position in which Mr Bundy had found himself.He held that undue influence was a category of a wider class where the balance of power between the parties was such as to merit the interference of the court. It was apparent that Mr Bundy had, without independent advice entered the contract and it was very unfair and pressures were brought to bear by the bank. Another similar case, which case 9: National Westminster Bank v. Morgan (1985) Mrs Morgan jointly owned the family home with her husband. As a result of his business problems, their mortgage payments fell into arrears, and the bank started to seek possession.Mr Morgan approached the bank to arrange a refinancing loan (this work as follows: if Mr Morgan’s original mortgage was for ? 50,000, and he owed arrears of ? 5,000, he could replace the mortgage with a refinancing loan of ? 55,000, and start afresh). Mr s Morgan’s signature was required to use the house as security for the extended loans. The bank manager went to see her, in the presence of Mr Morgan; she made it clear that she had little confidence in her husband’s business and wanted to talk to the manager alone, but this did not happen, and she eventually signed to prevent the house being repossessed.The loan was not repaid, and Mr Morgan later died. When the bank tried to take possession of the house, Mrs Morgan pleaded undue influence. Next, the case which case:10 CIBC Mortgages v Pitt  (1994) Mr Pitt wished to purchase some shares on the stock market. He pressured his wife into signing a mortgage of ? 150,000 securing the family home. The stated purpose of the loan was to purchase a holiday home and pay off the existing mortgage. The husband used the money to purchase shares and then used those shares as collateral to purchase further shares.For a time the shares did very well and he was a millionaire on paper . The wife saw no benefit from these shares as any income was always used to purchase more shares. In 1987 the stock market crashed. The bank sought to enforce the security under the mortgage which at the time exceeded the value of the home. The wife raised actual undue influence in defence. The judged is the Overruling BBCI v Aboody – it is not necessary for a claimant to demonstrate manifest disadvantage where a defence is based on actual undue influence.However, as the transaction on its face did not seem to the manifest disadvantage of the wife, because the stated purpose was to purchase a holiday home, the bank was not put on enquiry and therefore could not be fixed with constructive notice. In the case:11 Bank of Credit and Commerce International v Aboody  (1990) A husband exerted actual undue influence over his wife in order to get her to sign a charge securing the family home on the debts owed by the company in which the husband and wife owned shares. The couples we re unable to repay the mortgage and the bank sought to repossess the home.The wife sought to have the mortgage set aside on the grounds that it was procured by actual undue influence of the husband. Held the husband had exerted actual undue influence on the wife. However, the transaction was not to the manifest disadvantage of the wife since she owned shares in the company. In considering whether a transaction was to the manifest disadvantage the court was to have regard to any benefits received in addition to the risks undertaken. Therefore the banks were granted possession. Furthermore, in case:12 Credit Lyonnais Bank Nederland NV v Burch  (1997) Miss Burch started working for her employer at the age of 18.She became close to the director, Mr Pelosi, who was an Italian business man 10 years older and trusted him implicitly. She often visited his home to do babysitting and went on holiday with the family to Italy. At the age of 21 she purchased a flat. 5 years later, she was stil l working for him but the company was experiencing financial difficulty. Mr Pelosi asked her to put her flat up as security for a loan taken out by the company. He told her that his home and villa in Italy were also secured on the debt but they would not accept 100% mortgage on these properties and needed another ? 0,000. She agreed to allow her home to be used as security believing that it was only ? 20,000 and that Mr Pelosi's properties would first be sold which would release the debt so that there was no risk to her. The bank had written to her and informed her that the charge was unlimited in amount and time and advised her to seek independent advice. She at no time was told of the extent of the company's borrowings which stood at ? 270,000 neither did the bank satisfy themselves that she had in fact received independent advice.In the case: 13 UCB v Williams  (2002) The Williams family (Mr & Mrs Jack Williams and their three grown up children) ran a garage business as a partn ership with the benefit of a franchise from Toyota. Toyota threatened to withdraw the franchise unless the showrooms were extended and improved. The cost for this was ? 500,000. The Williams approached the bank for a loan which asked for security by way of a charge on the three showrooms in addition to a charge on each of the partner’s home. The defendant, Mrs Williams, was the wife of one of the sons.She had signed the charge without having been told the full extent of the liability. The signature was executed in the presence of all the other partners and witnessed by Mr. Howells, the solicitor of the partnership. The charge secured all debts present and future of the partnership and provided for joint and several liabilities of all the partners. The business was unable to repay the loan and became bankrupt. UCB sought to enforce the charge and Mrs Williams raised undue influence and misrepresentation in her defence. The trial judge, HHJ Hickinbottom, held that undue influen ce and misrepresentation were established.However, he held that Mrs Williams would have signed the charge in any event had she known the full facts and also that UCB were not fixed with constructive notice as a solicitor had witnessed the signature therefore they could assume Mrs Williams had been advised accordingly. Mrs Williams appealed to the Court of Appeal. Held Mrs Williams was successful on both grounds. In conclusion, Joe still can voidable the contract about the Johnny transferred all his property to Victoria. If the contract is void, property Johnny will use back the contract in early to share equally among for Joe and Victoria.

Budget Plan Essay

When managing a project, there are several factors that project managers must consider that will ensure a successful project. The steps will help assemble, develop and manage a project team. In addition, planning allows for smother execution and addresses how managers can evaluate the progress and performance during the project. American Bank of Indiana (ABI) has recently acquired First America Financial Service Group (FAFS), this acquisition will require the project manager to structure a project that will widen the bank’s portfolio as well as implement the latest technologies. Assembling a project teams takes thought and consideration. Since the success of the project depends on the engagement of the members of the team, the assembly is a vital part of project management. Putting together a good project team is no easy task. The goal is to make sure, from beginning to end, that the project runs as smooth as possible. Getting the assembly wrong could cost time, money and result in a failed project. Due to the uniqueness of the acquisition between establishing a core team to complete the project would ensure speed. Core project team members are experienced professionals, which means team members would devote their time and undivided attention to the project (Gray & Larson). Assembling a team with core member can also decrease risk and ensure that projects are completed on time. Another thing to consider is the latest technologies that have been adopted by ABI. It’s vital that this investment remains intact throughout the acquisitions. The core team, based on professional experience, can develop a project that will utilize this technology and maintain ABI’s position as a leading player among regional bank. Once core team leaders are selected they will be given the opportunity to select individuals to help complete the makeup of their teams. Core member will be responsible for the development of their team based on the need of their specific portion of the project. Before the project begins, leaders will be responsible for identifying each team member’s professional goals and what ways they can be motivated to enhance performance. Once motivational tools have been identified, project manager will roll out the project with a kick off that will get the team excited about the beginning phase of the project. In addition, project leader will have weekly meeting with team member to maintain an open flow of communication throughout each phase of the project. This communication will ensure that team members are updated on any changes and will also allow them to interact with other team members. Another factor that will contribute to the development of the team is clear goals accompanied with a completion time line. Once the team has moved from getting to know each other their focus will begin to move towards getting the goal accomplished (Gray & Larson, 2008). This focus will create a higher-level of performance amongst team members especially when rewards and incentives have been implemented. In addition to rewards, team managers will make sure that each team member is adequately train to perform their job function. Job training gives the team members the confidence and skills needed required to perform their perspective duties. After the teams have been assembled and developed, managing the project now because the focus. In order to ensure the highest performance from project managers must maintain their involvement in the projects from beginning to end. Project managers play a key role in developing a high-performance team. They recruit members, conduct meetings, establish indemnity, create a common sense of purpose or a shared vision, manage reward systems that encourage team work, orchestrate decision making, resolve conflict that emerge within the team, and rejuvenate the team when energy wanes (Gray & Larson, 2008). Managing this process also gives the better knowledge of the challenges as well as the successes of the project. Project managers will also conduct plan meetings for the team. These meetings will establish rules and update on the progress during each phase of the project. Another important factor in the project management process is the execustion phase. Project execution phase refers managing the individual work components that is required to advance the process of the project development. The goal of managing a projects execution is to guide the project to the ultimate goal (www. project-management-knowledge. com). Since the execution phase is directly related to the success of the project, developing a contingency plan can prepare the project for any unforeseeable obstacles. According to Lewwongcharoen and Milosevic, a contingency plan has a positive impact on the outcome of a project. When a contingency plan is prepared, project managers can handle the anticipated changes that occur in the later stages of the project life cycle (Lewwongcharoen & Milosevic, 2010). The banking industry is predictably unpredictable, project managers must be able to adapt to any changes that many occur throughout the course of the project. Tracking the progress and performance evaluation is another important measure of project management. One of the major goals of progress reporting is to catch any negative variances from plan as early as possible to determine if corrective action is necessary (Gray & Larson, 2008). Control chart is a method frequently used to monitor a projects progress. When progress charts are used, managers are able to mark milestones. Mangers can also identify key points within a project and use these points to support an action to keep the project on the right path. Once manages has stabled how the progress of the project will be evaluated, they can then determine performance evaluation. Before performance can be evaluated, managers must have communicated performance standards. The best way to measure the performance of a project is to do so against the plan of the organization. One method that can be used is a work breakdown structure (WBS). A work breakdown structure is the cornerstone of every program because it defines in detail the work necessary to accomplish a project objective (GAO Reports, 2009). Not only will a WBS clearly define the goals of the project but it also is a great tool for measuring performance. Each phase of the project is as equally as important as the next. Another vital factor to consider is the project leadership and the importance of having a sponsor. Project leadership is important because it involves recognizing and articulating the need to significantly alter the direction and operation of the project, aligning people to the new direction, and motivating them to work together to overcome hurdles produced by the change and to realize new objectives (Gray & Larson, 2008). There are consistent changes that arise when completing a project. What’s special about leadership is that when these changes occur, leaders are able to align the team in the new direction of the project. Without this alignment, a change in direction could cause the team to split into spate direction was well. Some people deal well with change, those individual show signs of strong leadership and would be an asset to the project goals. Project sponsor also contribute greatly to the success of the project. Project sponsors champion the project and use their influence to gain approval of the project (Gray & Larson, 2008). Like leaders, sponsors are able to rally individual behind the final goal of the project. Sponsors are simultaneously involved with juggling multiple needs of stakeholders and user groups, departmental procedures, and government edicts while continually dealing with a legacy of mistrust and adversarial contracts (Kloppenborg, Manolis & Tesch, 2009). Managing a project and its risk is a big deal. There are many factors that project managers must consider once the organization has decided to take on a new project. Teams must be assembled, goals must be determined and risk must be evaluated. When done correctly the end result is not only a successful project but also a motivated team. References www. project-management-knowledge. com/definitions

The Catholic And Christian Church - 1328 Words

All Catholics are Christian, but not all Christians are Catholics. There is a difference between the Catholic and Christian church. Christianity is the belief of Jesus Christ being the son of God, being the savior of all sins, and following his teachings that are stated in the Bible. Christianity is a simple religion that requires you to have faith in the Lord, Jesus Christ, in order to be saved, (Acts 16:31-33). Catholicism has a Christian foundation, which classifies them as Christians, but there are many differences. First came Christianity, when Jesus walked the earth, then man modified Christianity to form Catholicism. Jesus, a real man that walked the earth, was born in the town of Bethlehem.His mother, Mary, had an interesting†¦show more content†¦The Bible has 66 books, written by 40 people, in which God chose, so they can go through a spiritual changing experience. These 66 books are divided by an Old Testament, and a New Testament; 39 books in the Old Testament, and 27 books in the New Testament. For Christians, in order to be spiritually saved, and to be guaranteed a one way ticket to heaven, you will need to repent your sins, be baptized in the name of Jesus Christ, and receive the gift of the Holy Ghost. Peter, a disciple of Jesus, said this (Acts 2:38). â€Å"For God so loved the world that He gave His only Son, that whoever believes in him shall not perish but have eternal life† (John 3:16). And that mostly sums up the Christian religion. As long as you stick to the commandments,do good works, have faith in Jesus Christ,and be baptized in his name, you will be saved. The Catholic Church also believes Jesus Christ is the savior of all sins, and use the same Bible, but the church enforces many different practices and traditions that were created by man. In the first 300 years of AD , Christianity was banned in Rome(Got Questions Ministries, 2015). In fact, in the Bible, (John 11:47-53), Jewish leaders plotted with Romans, to kill Jesus Christ. Rome banning Christianity makes sense because they were against the teaching of Jesus Christ. The Catholic church is said to start during AD 325, by the Roman emperor, Constantine(Got Questions

Dr. Gallo And The Band Played On Essay - 2087 Words

And the Band Played On surprised me with its intricate character development. I found myself becoming attached to characters and heartbroken as I found they had contracted the HIV virus and made me root for research to find a vaccine or cure. Out of the characters presented in the film, I decided to focus on two main ones: Dr. Robert Gallo and Dr. Don Francis. These two characters stood out because they were so contrasting to one another. I also felt myself becoming angry at these characters and some of the decisions they decided to make. In summation, I will analyze these characters and determine which actions I believe were right and which were wrong in helping advance the research of AIDS in relation to the movie And the Band Played On. Even though the character Robert Gallo appears later in the film, he plays a significant and frustrating role in ‘And the Band Played On’. Dr. Gallo is a well-known scientist who had at the time won many awards for succeeding in the medical field, so many in fact that it seemed as though he started to become a fame-hungry doctor. Instead of doing what was best for humans the only reason he took on researching HIV in the first place was because he was after the Nobel, and he never portrayed that he cared that there were people dying from this horrible disease. They may never have been able to stop the disease in its tracks, but they may have been able to raise awareness faster if it had not have been for Dr. Gallo’s self-centered ways andShow MoreRelatedAnd The Band Played On1723 Words   |  7 Pages And The Band Played On By Randy Shilts And the band played on is a true story published in 1987 that illustrates the AIDS epidemic. The AIDS outbreak started in this book around the 1970’s and is still around in today’s society. Randy Shilts wrote this book in order to show the many errors that occurred and killed while trying to find what this virus was and how it was spread. Many people during this time were affected by this virus especially in New York and San-Francisco, which is where mostRead MoreFilm Critique Paper: and the Band Played on1627 Words   |  7 PagesFilm Critique Paper And the Band Played On The movie is about the first couple years of AIDS, mostly in the United States. It tells the political as well as the scientific struggle that occurred with the discovery of AIDS. The main character Dr. Don Francis heads the research of AIDS with little money and little help. This was because AIDS was considered the â€Å"gay man’s disease† and there was more emphasis on who discovered the disease than actually helping those who had it. Basically, theRead MoreThe Band Played On Film Directed By Roger Spottiswoode848 Words   |  4 Pages And the Band Played On [1] is a 1993 Drama-Television film directed by Roger Spottiswoode about the early research of the AIDS epidemic in the 1980 s. The film portrays how powerful a society s view has on a group when homosexuals suffer prejudice by society and view them as the cause of a new disease. The film greatly focuses on Dr. Don Francis, who previously contained the Ebola fever to prevent it from continuously spreadin g, as he joins the Centers for Disease Control (CDC) to investigateRead More The Importance of Roger Spottiswoode’s Screen Adaptation of And The Band Played On4180 Words   |  17 PagesThe Importance of Roger Spottiswoode’s Screen Adaptation of And The Band Played On [1] Hollywood is no longer just a name, it is a business, a living entity holding America’s people in its grasp, and it is not about to let them go. Gradually taking on more responsibility and trying to build up its reputation over the years, Hollywood has progressively assumed the position of history-teller for the American public. This role, whether or not an appropriate one for an industry such as HollywoodRead MoreApplying Scientific Standards For Aids1433 Words   |  6 PagesThe HIV virus was an example of a rapidly spread virus that quickly made its way across the world, including North America, South America, Europe, Africa, and Australia (http://www.avert.org/professionals/history-hiv-aids/overview). In And the Band Played On, the doctors of The Center for Disease Control do their best to follow scientific standards while trying to deal with the disease, even with the politics of Reagan breathing down their neck. 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During the movie it showed how each patient with AIDS were treated like they were not part of the human race. The CD C tried their best to gather enough money for their research. Back then people were uneducated on what exactly the nation was up against.Read MoreThe Band Played On By Randy Shilts1777 Words   |  8 PagesThe film And the band played on is a screen adaption of the book and the band played on by Randy Shilts done by Roger Spottiswoode. This screen adaption is a story of epidemic that had medical researchers scrabbling to understand the horrifying and mysterious new disease of AIDS that sored across the United States of America. This story takes place during the initial 5 years of the breakout from 1980 to 1985. 1. What are the major theme(s) of the film? Hint use the concepts presented in class toRead MoreBureaucracy Has Been Twisted Over The United States Governance876 Words   |  4 Pages Like many words in the English language, bureaucracy has been twisted over the years to mean something different; much like how awful went from meaning â€Å"full of awe† to â€Å"very bad or unpleasant†. In And the Band Played On, we see organizational practices that obstruct progress referred to as â€Å"bureaucratic†, when the official definition refers to a system of governance where state officials make important decisions instead of representatives. A complete switch in how we see our administrationRead MoreFilm And The Band Played On By Director Roger Spottiswoode2238 Words   |  9 Pageshealth: biological, psychological, and sociological factors. These three factors had determined the spread of the disease in the late twentieth century, and they still affect the global distribution of AIDS today. In the documentary-film And the Band Played On (1993), director Roger Spottiswoode effectively showcased all three factors. The film is a chronological sto ry of the AIDS epidemic from the 1980s. The story of the epidemic garners attention when gay men in both the west and east coast of the

Essay on Prejudice and Pride in Pride and Prejudice

Prejudice and Pride in Pride and Prejudice In any literary work the title and introduction make at least some allusion to the important events of the novel. With Pride and Prejudice, Austen takes this convention to the extreme, designing all of the first and some of the second half of the novel after the title and the first sentence. The concepts of pride, prejudice, and universally acknowledged truth (51), as well as the interpretation of those concepts, are the central focus of the novel. They dictate the actions of almost all the major characters (not just Darcy and Elizabeth), and foreshadow all of the major events in the novel, especially in the first few chapters, involving the first ball at Netherfield. While Darcy†¦show more content†¦Proud summarizes the general demeanor of Lady Catherine de Bourgh herself, as she looks upon the world down the length of her nose. Some time we shall be happy to hear [Elizabeth play], she informs Mr. Collins and Darcy. Then she adds, Our instrument is a capable one, probably s uperior to [Elizabeths] (199). Pride assures Elizabeth that her first impressions of Darcy are indisputable. Thus, while only Darcy seems to act as the embodiment of pride, the other characters are not immune to it. Just as the characters unknowingly follow Darcys example of pride, they commit Elizabeths crucial mistake, prejudging people (especially Darcy) according to horribly inadequate experience. Elizabeths positive judgement of Wickham and negative one of Darcy prevent her from seeing Wickhams devious and whimsical nature and Darcys honest efforts to improve despite the apparent lack of incentive. Like Elizabeth, the rest of the Bennets, and indeed the rest of those living in the vicinity of Meryton, believe Darcy to be a wholly disagreeable man. (In fact, he began as such, but even when he began to change, everyone refused to realize it, and maintained their dislike of him because of their previous judgements.) Mrs. Bennet is prejudiced against all other mothers with young daughters, believing them to be just as ambitious and scheming as she herself is. When told that Mrs. Long promised to introduce the Bennet sisters to Bingley, Mrs. Bennet hissesShow MoreRelated Pride and Prejudice Essa y: The Faults of Pride and Prejudice1751 Words   |  8 PagesThe Faults of Pride and Prejudice      Ã‚  Ã‚  Ã‚   If we investigate the themes, characters and setting of Jane Austens Pride and Prejudice in an effort to find faults of logic, we must first recognize that the entire work is a fault of logic because Austens world is a microcosm of one level of society, a level wherein everything and everyone turns out kindly, whether they be heroes or villains, rich or poor, or proud or prejudice.   This is because unlike conventional romantic novels, like WutheringRead More Pride and Prejudice Essay3860 Words   |  16 PagesPride and Prejudice The novel Pride and Prejudice written by Jane Austen was originally to be called First Impressions. Hence the ultimate aim of this essay is to identify how successful this novel is in giving ‘First Impressions’ of the characters. The focus of this essay is on the opening chapters of the novel as this is where we are first introduced to the characters. ‘It is a truth universally acknowledged that a single man in possession of a good fortune must be in want of a wifeRead MorePride And Prejudice Essay1808 Words   |  8 PagesResearch Essay Introduction Pride refers to a deep and consistent feeling of satisfaction of one’s possession, class and achievements. Pride as a theme has been developed in the novel pride and prejudice by Jane Austen. Characters can claim better treatment and status in the society and also relationships based on their family possessions as well as exploits. Mr. Bennett daughters are also proud because they are beautiful which gives them the audacity to boast to men who want their hand in marriageRead MorePride And Prejudice Essay1680 Words   |  7 PagesAusten’s bildungsroman novel Pride and Prejudice (1819), set in Regency England, and Fay Weldon’s epistolary novel Letters to Alice on First Reading Jane Austen (1984) placed in Postmodern England. Both texts emphasise the importance of compatibility in relationships and women’s identity in a patriarchal society. Weldon’s discussion of Austen’s context allows a deeper understanding of relationships and identity with in different eras to emerge. This comparative essay will focus on the way each authorRead More Pride And Prejudice Essay1066 Words   |  5 Pages Pride and Prejudice: Marriage Essay written by Maria Engstrom Introduction For this essay, I chose to read the perhaps most famous book by the English author Jane Austen. During the reading I was thinking about which theme I should choose to write about and analyze, and eventually I felt that marriage was the central keyword in the book. I will concentrate on the situation of the daughters in the family, since these are the best described in the novel. My dealing with different ideals and problemsRead MorePride And Prejudice Essay1724 Words   |  7 Pages In Pride and prejudice I have came to the conclusion that there are many characters and all play a very good role. Here is a brief down low on what Ive collected. First starting with The Bennet’s consisting of Mr and Mrs Bennet and their five daughters Jane, Elizabeth, Mary, Kitty and Lydia. Mr. And Mrs. Bennett, This husband and wife duo are a humorous couple due to Mrs Bennet’s simplicity coupled by Mr Bennet’s dry humor and wit. Mrs Bennet is a simply easy woman who dedicates her attentionRead MoreEssay on Pride and Prejudice1080 Words   |  5 PagesRough Draft 4. Compare and Contrast Elizabeth, Jane, and Lydia. Which one do you think will have the happiest marriage? Why? The concept of love is developed and endured throughout an healthy relationship in Jane Austen’s novel, Pride and Prejudice. She successfully incorporates different examples of marriage in nineteenth century and distinguishes the perfect marriage from the hopeless marriage. The definition of authentic love is caring for someone unconditionally. It means putting someoneRead MorePride and Prejudice - Analytical Essay1023 Words   |  5 PagesAnalytical Essay: Pride Prejudice The progress between Elizabeth’s and Darcy’s relationship, in Jane Austen’s novel Pride and Prejudice (1813) illustrates and explores several the key themes in the novel. Their relationship highlights class expectations, pride and prejudice, and marriage, and how they play a major role in determining the course of their association. These are outlined through their first prejudiced dislike of each other when they first meet, the stronger feelings for ElizabethRead MorePride And Prejudice Essay1715 Words   |  7 Pagesnovel ‘Pride and Prejudice’ addresses many themes and motifs, but one of the more prevalent is pride itself, which Austen expertly weaved throughout, showing the effects it has on both the perpetrator’s lives and the lives of those around them. This theme of pride relates to the time period the novel was written in, which was the Regency era, where the class system was deemed of significant importance and particular traits of th e gentry were considered necessary, including an extent of pride. AustenRead MorePride And Prejudice Essay1986 Words   |  8 PagesIn the novel Pride and Prejudice, Jane Austen highlights societal marriage expectations in the Regency Era. Elizabeth Bennet, the intelligent and good-natured heroine, is proposed to by two contrasting characters: Fitzwilliam Darcy and William Collins. Mr Darcy is a rich and powerful man, from a respected family, who eventually becomes the romantic hero of the novel. Mr Collins is the cousin of Elizabeth and a man of the church; he is to inherit The Bennet estate when Elizabeth’s father dies, unfortunately

Law and Compliance Related with the Restaurant Business in Sydney

Questions: 1. Discuss the law and compliance related with the restaurant business in Sydney. 2. Discuss the issue arises regarding the remedies that may be available to Manny and Bella against Tuscan Ovens Pvt Ltd. Answers: Part A In the present researchers say, the areas of law and compliance related with the restaurant business that the family is running in Sydney have been explored. In this context, the major areas of law that the restaurant business is required to comply with include the registration of the name of the business, the consumer protection legislation, property laws, health and safety laws and regulations and the employment law. Therefore, the family that is running this trend in Sydney wants to name it the Great Catch! But the law of intellectual property provides that the name needs to be registered with the ASIC. According to the law, the parties are required to register the business name or the trading name in case it has been decided by a party that the business will be run as a sole trader or as a partnership. Therefore, under the circumstances, it is required that the business name should be registered with the ASIC. But it needs to be noted that if the business name is similar to the f irst name and surname of its owners or one of the partners, the registration of the business name is not required. In all other cases, the intellectual property law requires that the name should be registered. An example can be given to clear this requirement. For example if John Smith is going to name his business as John Smith Jewelry, there is no need for the registration of this name. But if the name of the business is going to be John's Jewelry, the law requires that such name should be registered (Vickery and Flood 2009). The other laws that may be applicable in this case will be the property law and the taxation law. For example, the restaurant business is required to take care of its GST obligations and PAYG. Similarly, as in this case the business is being done as a sole trader or as a partnership, it is very important that before the business becomes operational, and makes financial commitments, it is important that a written contract should be drafted. Property law is also applicable in the present case. As the restaurant will be running in Sydney in accordance with the Retail Shop Lease Act, 1994, the requirements of this legislation need to be fulfilled. At the same time, before signing the lease, the parties should gain proper understanding of the terms and conditions that have been mentioned in the lease. This will allow the parties to become aware of their obligations related with the lease that they are going to sign. On the other hand, if the parties are going to operate home business, it is possible that the local council may have imposed certain restrictions, for example restrictions on the number of persons that can be allowed to work at such a place. Therefore, the owners of the restaurant should be aware of these legal requirements related with property law. Another field of law and compliance is that of intellectual property. In the present case, the restaurant business should also try to protect its intellectual property. This will provide them with legal entitlement on their intellectual property. For the purpose of protecting this property, trademarks, patents and the designs are used by the businesses. Therefore, these can also be used the restaurant business. For example, it can protect a particular dish that has been invented by it or a new way to prepare a dish. Similarly the businesses should also regularly review and is required, renew the protection provided to their intellectual property. The law of intellectual property provides that the trademarks should be renewed after every 10 years. It is also advisable that experts should be involved in this process because the protection of intellectual property is a complex matter. Another important field is that of consumer protection. The Australian Consumer Law that has been mentioned in the Competition and Consumer Act, 2010 is the national law and has replaced the earlier legislation, the Trade Practices Act, 1974. Now this legislation is applicable throughout Australia and as a result, same rights are available to the consumers in all States and Territories of Australia and similarly, the obligations of businesses related with consumer protection are also the same throughout Australia. The main features of Australian consumer law are that it prohibits unfair trade practices, and it provides the general standard of conduct that is expected from the businesses (Khoury and Yamouni, 2006). The ACL also regulates business to consumer transactions and similarly, it provides statutory guarantees to the consumers that cannot be excluded by the parties to the contract. The ACL also deals with the safety issue of the products and services that are being supplied to the consumers. In view of these significant provisions as well as the penalties and intentions that can be imposed on the businesses, it displays important that a business is aware of its obligations under the ACL (Concrete Constructions (NSW) Pty Ltd v Nelson, 1990). In this case, the parties want to name the restaurant as the Great Catch! This is not the name and the surname of the owner or any of the partners of the business and as a result, this name needs to be registered. Apart from it, the owners of the business should consider all the legal requirements that are applicable in case of establishing the new business. On the other hand, if the owners of the business failed to abide by these legal requirements, it is possible that they may have to pay serious penalties. The present research has clearly shown that there are a number of laws and regulations that are applicable on the restaurant business. The requirement related with business structure is also one such requirement (Hinchy and Mcdermott, 2007). It is very significant that the registration regarding the business structure is up-to-date. For example, there is a requirement according to which the business name has to be renewed whenever it is due to do so. But if the parties have deci ded to run the restaurant business as a company, the Corporations Act, 2001 describes detailed requirements in such a case. Part B In this part of the assignment, the issue arises regarding the remedies that may be available to Manny and Bella against Tuscan Ovens Pvt Ltd. the reason behind this issue is that Manny and Bella were willing to purchase a heavy-duty oven. For this purpose, they visited Tuscan Ovens Pty Ltd and they wanted to purchase an oven that can cook 30 pizzas and similarly, they also wanted that the oven can be operated continuously for 16 hours every day. When they visited the company, they told the manager of the company regarding their requirements. They also told that if the oven cannot fulfill these requirements, they will lose customers, especially during peak hours of their business. The manager listened to the requirements of Manny and Bella and they recommended that they should buy their new Tuscan XX commercial oven. The manager assured Manny and Bella that this oven is suitable for their requirements and he can cook 30 pizzas and can be operated for longer hours. In this way, Manny and Bella relied on this statement made by the manager of the company and purchased the oven for $15,000. However, soon Manny and Bella discovered that only 12 pizzas can be cooked in the oven in an hour and moreover the open was not reliable and it cannot be operated continuously for longer hours daily. Due to these problems, the pizza business owned by Manny and Bella was losing money but Tuscan Ovens was not ready to hear the complaints related with the oven. As a result, the issue arises if Manny and Bella can take legal action against the company and if any remedies are available to them under these circumstances. In this context, the Australian consumer law provides that a part from the common law remedies under the law contract regarding the pre-contractual misrepresentations, the parties may also avail the statutory remedies that are provided by the ACL, which is a part of Competition and Consumer Act, 2010. Before this legislation, the relevant provisions were present in the Trade Practices Act, 1974. But after the introduction of Australian consumer law, it is being used more commonly (Larmer v Power Machinery Pty Ltd., 1977). The reason is that the ACL is applicable in a large number of circumstances and at the same time, the ACL also provides remedies that may be available to a party in case such party has suffered the loss by relying on the misrepresentation that has been made by the other party. The relevant provision in this regard the section 18 which prohibits misleading and deceptive conduct in context of trade and commerce. Section 18 is present in Schedule 2, Competition and Consumer Act. In the past, these provisions were mentioned in section 52, Trade Practices Act. Due to this reason, most of the case law regarding misleading and deceptive conduct still refers to this section (Bank of NSW v The Commonwealth, 1948). But section 18 of the ACL provides in this regard that context of trade and commerce, a person should not be involved in misleading or deceptive conduct or in conduct that may mislead or deceive the other party (OBrien v Smolonogov, 1983). Due to the reason that the act has mentioned the trade and commerce, it is clear that the sales that are private in nature, are not covered by this section but it also needs to mention that the provisions of section making toward nearly all commercial activity. In this way, when it has been established that the provisio ns of section 18 have been breached and the conduct of one party is misleading or deceptive, the law provides a wide range of remedies to the other party which include damages and the avoidance of contract (Tomasic and Bottomely, 1995). In the present case also, it has to be considered if the provisions of section 18 have been breached and if the pre-contractual representation that has been made by the manager of the company can be treated as misleading or deceptive. When Manny and Bella had visited the store of the company, they had clearly told that they wanted and oven that was capable of cooking at least 30 pizzas in one hour otherwise they will suffer the loss because they will be losing customers during the peak hours. In the same way, they also wanted that the oven should be reliable and it can be operated for 16 hours regularly. However after Manny and Bella had purchased the oven, they discovered that only 12 pizzas can be cooked in it in one hour. Moreover it was also found that the oven was unreliable and it cannot be operated for longer hours regularly. However, before purchasing the oven, Manny and Bella had relied on the representation made by the manager of the company regarding its capacity and relia bility. As the transaction was in context of trade and commerce, it can be said that the provisions of section 18 are applicable to this case. In this context, the law provides that the contracts that have been entered into by a party due to the misleading or deceptive conduct of the other party; the main remedy available to such party is the remedy of damages. Although the law also provides that an invention can be granted by the court and it is more significant relief in case of a breach of the provisions of section 18, however, practically such relief is not of much use under these circumstances as the parties have already entered into the contract by relying upon the misleading or deceptive conduct. As a result in this case also, damages can be claimed by Manny and Bella from Tuscan Ovens Pty Ltd as they have suffered a loss due to the fact that oven was not of the required capacity and moreover it was unreliable to which they lost customers. References Khoury and Yamouni, 2006, Understanding Contract Law, 7th ed., Butterworths Lexis Nexis Roger Vickery and MaryAnne Flood 2009, Australian Business Law: Compliance and Practice, Pearson Education Australia Russell Hinchy and Peter Mcdermott, 2007, Fundamental company legislation, edited, Sir Gordon Borrie, QC, LLM Commercial law 6th edition Tomasic and Bottomely, 1995, Corporations Law in Australia, (Australia: The Federation Press) Case Law Bank of NSW v The Commonwealth [(1948) 76 CLR 1 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Larmer v Power Machinery Pty Ltd (1977) 29 FLR 490 OBrien v Smolonogov (1983) 53 ALR 107.

Preoperative education and postoperative pain scores in the paediatric patients

Table of Contents Introduction Data collection Methods Measurement tool Method of Data Analysis Evaluation Methods Annotated bibliography References Introduction According to Gehdoo (2004), medical practitioners have historically undertreated children for pain and painful procedures on the assumption that they do not feel the pain or that they forget the painful experiences faster than adults do. Advertising We will write a custom essay sample on Preoperative education and postoperative pain scores in the paediatric patients specifically for you for only $16.05 $11/page Learn More Gehdoo (2004) further adds that it is absolutely necessary for children to be given an effective pain therapy before and after surgery and as such, it has become an integral part of paediatric practice. The research will seek to find out if preoperative education does in fact decrease postoperative pain scores in paediatric patients. Data collection Methods Like in social s ciences, medicine employs the use of simple data collection methods like direct interviews. The basic collection methods in medicine are the interviews and conversations doctors carry out with their patients. Triangulation is also valuable in medical research but considering the age of the patients and the subtlety of the research, its not very applicable (Abramson et al, 1999). In this case, data will be collected from children on all trials that are conducted with them during their pre and post counselling sessions. Most important here will be the collection of data using the â€Å"cold probe† technique. This will involve collecting data during the first session that paediatric surgeons will have with the patients. The first session when the cold probe is conducted is good because the child will be fresh from surgery hence easier for behaviour analysis to determine if preoperative education did help. Measurement tool Multiple-choice questions will be used in this case. No rman (2002) contends that multiple-choice questions in medical research help in allowing straightforward sampling of the subject under research. The questions will help researchers to fairly and evenly distribute their probe thought the subject under study. They are also efficient in terms of cost and time. Given that patients will have mixed feelings, multiple-choice questions are better placed to capture all data in totality. Norman (2002) adds that they maximize the information attained per unit time in research. Again, the questions are more engaging and will make it easier for patients to express themselves on the subject being discussed.Advertising Looking for essay on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Method of Data Analysis Descriptive statistics will be used in this research. According to Lang Secic (2006), descriptive statistics are useful because they help in reducing large amounts of data to small descriptive measures. The experiences that these children will go through will be captured through interviews structured to bring out the descriptive element. Though inferential statics may come in handy, their absolute necessity is diminished by the nature of the research. Summary that is guaranteed from descriptive statistics will especially precision in reporting the findings. Evaluation Methods According to Swanwick (2007), evaluation in medicine is the collection analysis and interpretation of information about any aspect in medicine. In this kind of research, Kirkpatrick’s Hierarchy and Evaluation Cycle methods come in handy. However, the evaluation cycle method will be used. The method suits this research since it is all encompassing starting with planning of the activity, preparation, teaching and learning of the activity and most importantly reflection and analysis. However, the Kirkpatrick method may be used as well in analysing this data if necessary. This is b ecause it takes to account the completion of learning or participation of a patient in a program which applies to this research. Its use will be limited though. Annotated bibliography Morton, N.S. (2005). Management of postoperative pain in children. Arch Dis Child Educ Pract Ed 2007; vol. 92:ep14-ep19. Morton outlines various principles that he believes if followed will help in reducing preoperative pan in children. According to him, medical practitioners need to recognise that children feel pain during surgery hence they need to put in place measure to minimise and moderate it. According to him, doctors need to prevent pain where it is predictable, control the pain and continue controlling it even after discharge from hospital.Advertising We will write a custom essay sample on Preoperative education and postoperative pain scores in the paediatric patients specifically for you for only $16.05 $11/page Learn More On a larger scale, some of the approache s he recommends in reducing preoperative pain in children. Individualised child centre approach, using the least invasive techniques for he anticipated level of pain, matching technique complexity of surgery and holistic care of emotional and physical attributes of pain. Some of the techniques he advises be used in pre and postoperative pan management include local and regional anaesthesia, systemic analgesia non-steroidal anti-inflammatory drugs and the use of paracetamol. He concludes that an integrated use of the above methods and principles in the past has proven successful in reducing pain in paediatric surgery. References Abramson, H.J. (1999). Abramson Survey methods in community medicine: epidemiological research, programme Evaluation Clinical Trials. London: Elsevier Limited. Gehdoo, R. P. (2004) Postoperative pain management in Pediatric patients. Indian J. Anaesth. 2004; 48 (5) :406-414 Lang, A.T. Secic, M. (2006). How to report statistics in medicine: annotated guideli nes for authors. New York: Tom Hartman. Norman, R.G. (2006). International handbook of research in medical education. London: Kluwer Academic Publishers. Morton, N.S. (2005). Management of postoperative pain in children. Arch Dis ChildAdvertising Looking for essay on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Educ Pract Ed 2007; vol. 92:ep14-ep19. Swanwick, T. (2007). Understanding Medical Education: Evidence, Theory and Practice. Oxford UK:  John Wiley Sons. This essay on Preoperative education and postoperative pain scores in the paediatric patients was written and submitted by user Levi Noel to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.