Monday, September 16, 2019

Describe The Remedies Available For Breach of Contract Essay

When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform, precisely and exactly, his obligations under the contract. However a party can only treat the contract as discharged in three situations: -Renunciation Renunciation is where a party refuses to perform his obligations under the contract. -Breach of Condition The second breach occurs where the party has committed a breach of condition. -Fundamental Breach The third breach is where the party in breach has committed a serious breach of a term in the contract or totally fails to perform the contract. In most cases a breach of contract will result in damages being paid. The point of damages is to put the injured party in the same financial position he would have been in had the contract been properly performed. Damages are not always a suitable remedy so sometimes other remedies are put into place e.g. Injunction. -Damages In order for the innocent party to actually get awarded damages they must be able to prove they suffered a loss from the contract not being fulfilled properly. The court has to think about two things when deciding to award someone damages and they are: -Remoteness For what consequences of the breach is the defendant legally responsible? -The measure of damages The principles upon which the loss or damage is evaluated or quantified in monetary terms. This can only be determined after the first. If paying damages isn’t sufficient enough then obviously they have to look at other remedies, which include: -Specific Performance -Injunction Specific Performance Specific performance is where the court orders a positive contractual obligation. There are many circumstances where specific performance is not available: -Damages provide an adequate remedy. -Where the order could cause undue hardship. -Where the contract is of such a nature that constant supervision by the court would be required. -Where an order of specific performance would be possible against one party to the contract, but not the other. – Where the party seeking the order has acted unfairly or unconscionably. He is barred by the maxim ‘He who comes to Equity must come with clean hands’. -Where the order is not sought promptly the claimant will be barred by the maxims ‘Delay defeats the Equities’ and ‘Equity assists the vigilant but not the indolent’. In general the court will only grant specific performance where it would be just and equitable to do so. Injunction An injunction is an order of the court requiring a person to perform a negative obligation. Injunctions fall into two broad categories: -Prohibitory injunction, which is an order that something must not be done. -Mandatory injunction, which is an order that something must be done, for example to pull down a wall which has been erected in breach of contract. Like specific performance it is an equitable remedy and the court exercises its discretion according to the same principles as with specific performance,

Compare the State and National government Essay

In many ways, the structure of state governments and the national government mirror each other. In this forum section, each student is to research one state government and compare it to the national government. Next, explain to the class if you think that the state you researched has a good form of democratic government. Hint: an encyclopedia at home, at a library or an internet search would help. Lastly, please remember to cite your research source. Each state has its own constitution based on its distinctive history and needs. A state’s constitution is similar to that of the national Constitution; nevertheless, the laws made in individual states cannot conflict with the national Constitution or national laws. Ive decided to research the New Jersey State government and compare it to the national government. The government of the State of New Jersey, like that of the United States, is divided into three branches. Those three branches are the legislative, the executive, and judicial. The chief function of the Legislature is to enact laws. The Legislature consists of two Houses. Those 2 houses are a 40-member Senate and an 80-member General Assembly. The Senate and Assembly chambers are located in the State House in Trenton. The Executive Branch carries out programs established by law. The chief of the executive branch is the governor. The governor’s office is located in the State House in Trenton. The governor signs bills into law or vetoes them. He can also recommend laws and call the legislature into special session. The governor has the power to grant pardons and is the only person with the authority to call in the National Guard. The Judiciary Branch punishes violators, settles controversies and disputes, and is the final authority on the meaning and constitutionality of laws. The Judicial Branch decides how state laws should be applied. The governor appoints judges to the Supreme and Superior courts with the Senate’s approval. I believe that NJ has a good democratic government. I can appreciate the way each branch of government keeps and eye on the other branch through checks and balances. I think its great that we have the power to elect people into office and that there are several types of offices where the people all work together. Works cited Usinfo.state.govNj.gov

Sunday, September 15, 2019

Professional Nursing Philosophy Essay

Introduction After seventeen years in the nursing profession I realize each day is a learning experience. As my experiences evolve so do some of my beliefs and values. However, I believe nursing at its core has fundamentals that are unwavering. The essence of nursing: Caring, empathy, honesty, trust, communication, and respect have transcended all theories. What follows will be a discussion of how I was called to nursing and my vision for my future in the nursing profession. I will also discuss my beliefs and values and how they relate to patients, families, and health care providers. Choice of Nursing I was called to nursing. I always had a desire to care for others, to comfort, and to listen. As a child I spent summers with my grandmother who was also a nurse. I would watch her show honor in the way she wore her uniform. Before she left for work she made sure her uniform was clean and pressed. She proudly wore her nursing cap. I was able to visit the patients as she made her rounds. As I observed her care I witnessed the understanding, the compassion, and the commitment of a professional nurse. To my surprise and from my experiences my grandmother planted a seed of a nurse’s integrity, honor and loyalty to the care of others. When I was sixteen years old and in the tenth grade I became pregnant. I dropped out of high school but was determined not to be a statistic. Before my daughter was born I completed my GED and three months after her birth I start taking  classes at the community college. I knew I had more to offer. I had always been an active part of the community a nd had an interest in helping others. The career counselor at the community college suggested that I attend nursing school. My grandmother agreed and informed me of a nursing rule. A nurse cannot leave the profession until she finds another nurse to take her place. Five years, two children and one divorce later I finished nursing school. I truly believe it was a calling or I never would have finished. Nursing continues to call me seventeen years later. It calls me to learn more, to do better, and to encourage others. Nursing has now called me back to further my education and obtain my BSN and MSN in the next phase of my career. Essence of Nursing The core of nursing should be more than a career or a means to monetary gain. Nursing at its core is caring, empathy, honesty, trust, communication and respect. I believe the fundamental core of nursing is caring. If you cannot give of yourself to others you are missing the essence of nursing. â€Å"In 2003 the ANA stated that an essential feature of professional nursing is the provision of a caring relationship that facilitates health and healing† (as cited in Meyer & Lavin, 2005, para. 1). Another fundamental core of nursing is respect. The nurse must have respect for the patient and their beliefs. Without this basic respect there will remain a lack of trust on the patient’s part to divulge necessary information that can facilitate their recovery. Listening encompasses both verbal and nonverbal communication between the patient and nurse. Developing a relationship based on trust helps foster communication between the patient and nurse. Listening helps identify issues that can hinder the accomplishment of goals that have been set for the patient’s recovery. Jean Watson’s Caring Theory is comprised of ten carative factors that can foster a caring relationship between the patient and the nurse. According to Chantal Cara (A Pragmatic View, Introduction, para. 2) â€Å"upholding Watson’s caring theory not only allows the nurse to practice the art of caring, to provide compassion to ease patients’ and families’ suffering, and to promote their healing and dignity but it can also contribute to expand the nurse’s own actualization†. The politics of nursing can adversely affect the core of nursing. Hospital  politics can affect the lives of patients, families, staff, and the community at large. Hospital politics affect intra-departmental relationships and staffing ratios. The quality of the relationships and communication skills can affect the perception of the hospital as a whole. Witnessing negative relationships and poor communication skills may cause the community, patients, families, and other staff to feel nursing is unqualified or uncaring. These perceptions once perpetuated are difficult to change. Beliefs and Values I believe patients have the right to decide what happens to their bodies; however, many are still under informed due to lack of education. In Texas, a large number of first generation Mexican immigrants have not been afforded a complete education in their home country. Although educational opportunities are improving census data indicated that Mexican â€Å"males got 8.8 years of education in 2010 while females got 8.5 years† (2010 Census data, 2011, para. 1). However, in some indigenous areas of Mexico the education level is as low as 2.5 years (2010 Census data, 2011, para. 4). â€Å"To improve informed consent comprehension, federal agencies such as the FDA, Office for Human Research Protection, and National Cancer Institute (NCI) recommend 6th to 8th grade reading level consent forms† (Hochhauser, 2007). There is a disparity in the recommendation of these agencies and the consents they produce for their own clients. Hochhauser stated,† agencies should follow t heir own advice †¦ but five NCI documents averaged a grade 14 reading level†. Families share an important role in health promotion and decision making. A patient’s cultural beliefs and values can greatly affect the family’s perception of the health care system and the individual roles family members assume in a time of illness. In the Gypsy culture hospitals are feared and avoided whenever possible. â€Å"Most Gypsies will go to a hospital only if they are in serious danger of dying or if they view the situation as a crisis† (Sutherland, 1992, p.278). â€Å"For Gypsies, illness is not just the concern of the individual, it is a problem of broader social importance. Families coming together when someone is ill is one of the strongest values in Gypsy culture† (Sutherland, 1992, p.277). Hispanic immigrants may be reluctant to  seek medical attention because of their immigrant status. â€Å"They may be afraid of the clinical staff and may consider them members of a government agency such as INS† (Poma, 1983, p. 945). Among Hisp anics, the support provided by the extended family is very important. In 1986 Reinert stated â€Å"important decisions are made by the entire family. Family decisions may supersede decisions made by the health care provider† (as cited in Gordon, 1994, pp. 309-310). I believe health care providers have become overly specialized and no longer treat patients holistically. The movement toward Advance Practice Nurses as primary health care providers will alleviate this problem and the patient will be treated in a more holistic approach. Many nurses begin their professions as staff nurses in the hospital setting. Following Watson’s carative theory we strive to help the patient meet their physical, emotional, and spiritual needs. â€Å"The nurse guided by Watson’s work has responsibility for creating and maintain an environment supporting human caring while recognizing and providing for patients’ primary human requirements† (Chitty & Black, 2007). As I reviewed my own health I realized I was not a good steward for the nursing profession. I have educated my patients about diet modification and exercise regimens. I have advised them to keep regular doctor appointments and receive annual physicals. I was not following my own advice. I began to account for my nutritional intake and workout every morning before work. I received an annual physical to assess my lab values and discuss with my health care provider a plan of care. I believe as a nurse I should be my best and I am willing to except whatever my best is at forty-one years old. Vision for the Future My goal is to complete my BSN by the end of 2013. I am a staff nurse in PACU within the Perioperative Services Department of our hospital. My responsibilities include direct patient care, relief charge, staffing, and conflict resolution. Within two years, I plan to receive certification in my specialty through ASPAN and pursuing my MSN degree. My hospital is growing and the Perioperative Services Department is under expansion and will double in size and patient capacity over the next three years. In my profession I see potential for growth that will include my future goals. I love to precept new nurses and students, encourage others, monitor quality indicators, and formulate policies and procedures. Within five years, I would like to have completed my MSN degree as a Clinical Nurse Leader and working in a permanent preceptor position for Perioperative Services. In ten years I hope to have found my niche in my profession. I would like to be molding the future of nursing even if it is one nurse at a time. I plan on working as a nurse as long as my body allows. Summary My strengths are my determination, ability to adapt to changing situations easily, love of learning and organizational skills. The support I have received from family and friends has been paramount in allowing me to succeed in my endeavors. The support and encouragement I have received from my peers has heightened my determination to complete my degree. Stress will be the greatest limiting factor in attaining my goals. Balancing school, work, family, and friends is always a challenge. It will be important for me to prioritize my activities and manage my time wisely over the coming year. I look forward to these challenges as I pursue my BSN degree. References 2010 Census data show a significant improvement in Mexican education. (2011). Retrieved November 16, 2012, from http://geo-mexico.com/?p=4048 Cara, C. A pragmatic view of Jean Watson’s caring theory [PDF document]. Retrieved November 15, 2012 from Lecture Notes Online Web site: http://www.humancaring.org/conted/Pragmatic%20View.pdf Chitty, K.K., & Black, B.P. (Eds.). (2007). Chapter 13: Nursing theory: The basis for professional nursing. Professional Nursing: Concepts and Challenges (pp.328-348). Philadelphia: Elsevier. Gordon, S.M. (1994). Hispanic cultural beliefs and folk remedies. Journal of Holistic Nursing. 12(3), 307-322. doi:10.1177/089801019401200308 Hochhauser, M. (2007). Consent forms: No easy read. Applied Clinical Trials, 16(5), 74. Retrieved November 17, 2012 from http://libproxy.uta.edu:5745/ehost/pdfviewer/pdfviewer?sid=dd795158-f393-4eb8-b67b-8a1cc3b595fd%40sessionmgr104&vid=4&hid=121 Meyer, G., & Lavin, M.A. (2005). Vigilance: The essence of nursing. OJIN: The Online Journal of Issues in Nursing, 10(1). doi:10.3912/OJIN.Vol10No03PPT01 Poma, P.A. (1983). Hispanic cultural influences on medical practice. Journal of The National Medical Association. 75(10), 941-946. Retrieved November 17, 2012 http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2561612/pdf/jnma00233-0029.pdf Sutherland, A. (1992, Sept.) Cross-cultural medicine: Gypsies and health care. The Western Journal of Medicine. 157(3), 276-280. Retrieved November 17, 2012 from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1011276/pdf/westjmed00085-0066.pdf

Saturday, September 14, 2019

People with Terminal Illnesses Should Have the Right to Doctor

People with terminal illnesses should have the right to doctor assisted suicide Assisted suicide should be allowed as a valid option for anyone who is suffering a terminal illness. People don’t want to live uncomfortably or without use of all the functions that they currently possess. Individuals should be allowed to make the decisions on what is right or wrong for them, and that includes living or dying.Thus, people should be given the right to assisted suicide in order to end their suffering, reduce the damaging financial effects of hospital care on their families, and preserve the individual right and dignity of people to determine their own fate. For many people who with terminal or chronic illnesses that cause them constant severe pain may want to die peacefully instead of suffering until they succumb to their illness. It not only calls on doctors to make an unreliable prediction, but prescribes a pointless time limit: The longer the life expectancy the greater the patien t's suffering.The essential elements for legislation are that the condition is irremediable by medical treatment and the suffering is intolerable to the patient (Eric Gargett). Actually, it should not be up to a doctor or other family members as to whether a person should be forced to continue living. No one wants to be in pain or see their loved ones in pain. This is a very real fear people may have. If someone is suffering so badly that there is no point to his / her life then he / she should be given the choice and ability to end it.It is certain circumstance where assisted suicide should be legalized in the case of LAU 2 someone no longer has any quality of life. Also, there are certain illnesses that are very horrible and painful to live through where even such strong drugs as morphine can do nothing. In this circumstance people should be given the freedom to doctor assisted suicide to ease their pains. It should be the choice of the individual first and foremost and then back ed by their family before carried out.In addition, personal right to a doctor assisted suicide is that we, as humans, should respect other people’s wishes and dignity. The Code of Health and Disability Consumers Rights 1996 Right, it states that every consumer has the right to refuse services and to withdraw consent to services. The right to refuse medical treatment under the Bill of Rights Act and the above Code is limited to people who are competent to refuse consent (James L. Werth and Debra C. Cobia). If someone feels their life is not worth living anymore and has thought carefully about ending their life then we should respect this decision.Everyone has an obligation to relieve the suffering of his / her fellow human beings and to respect his / her dignity. Lying in hospitals today are people afflicted with excruciatingly painful and terminal conditions and diseases that have left them permanently incapable of functioning in any dignified human fashion. They can only loo k forward to lives filled with yet more suffering and deterioration. When such people beg for a merciful end to their pain and indignity, it is cruel and inhumane to refuse their pleas.Besides this, people should have a moral right to choose freely what they will do with their lives as long as they inflict no harm on others. This right of free choice includes the right to end one's life when people choose. LAU 3 Furthermore, patients with terminal illnesses are not willing to be seen as a ‘burden' on their loved ones. In 1991, a survey, conducted by the Boston Globe, showed that the main reason people with an â€Å"incurable illness who suffered a great deal of physical pain† would consider ending their lives was because they â€Å"don't want to be a burden† to their families.They were not primarily concerned with the pain or even the restricted lifestyle (Knox, R. A). With today's rising health costs and the busy lifestyles, many people don't want to leave their families with the financial burden of long hospital stays and enormous medical bills that come with being ill for a long time. While patients realize the longer the life expectancy the greater theirs suffering, they prefer to choose ending their pains with a doctor assisted rather than alive, and that’s the way they want to show their loves of their families.Hence, this should be a decision made by individuals with the help of their doctors and families, and should definitely be a right of all people. Finally, people with terminal illnesses should have the right to doctor assisted suicide. It is one of the most basic personal freedoms of a human being whether to continue living, and it is no one else's right to decide if another person should be forced to live. As long as the person requesting the assisted suicide is well informed and in their right state of mind, there is no reason for someone to tell them they are forced to live.In many cases, the amount of excruciating pa in that a person may be enduring could make life miserable, and should not be forced upon any one. For most people, the right to end one's life is a right they can easily exercise, but there are many who want to die, but whose disease, handicap, or condition renders them unable to end their lives in a dignified manner. When such people ask for assistance in exercising their right to die, their wishes should be respected.

Friday, September 13, 2019

Goings Manufacturing Division and Just-in-Time Essay

Goings Manufacturing Division and Just-in-Time - Essay Example We will look at these aspects and how the principles of JIT can be applied to Going's manufacturing division. Going should try to revamp its value chain and come up with a leaner manufacturing system. First of all, the company should exert effort in reducing the number of its suppliers and forging strategic alliances with them. Currently, the company solely bases its supplier choice on who can give the lowest price. Going should pursue close collaboration with its parts supplier because they are important stakeholders of the company. JIT highlights the importance of the physical distance of the supplier and the manufacturer's warehouse/plant. Having suppliers locate within reach will be mutually beneficial-suppliers will cut down on logistics cost while manufacturer is assured of fast and timely delivery whenever component is needed. Going can even get rid of its warehouse if all its major suppliers operate near its manufacturing plant. Going should pursue further efficiency in production by sourcing semi-assembled products from its suppliers. The case mentioned that the company currently has 10,000 part numbers.

Thursday, September 12, 2019

Technology In Education Term Paper Example | Topics and Well Written Essays - 3000 words

Technology In Education - Term Paper Example Basic Definition and Application of Geographic Information Systems (GIS) A geographic information system is a package consisting of four basic parts: an adequately powered computer, software (built-in procedures and instructions), geographic data (in a variety of formats), and the accessing and using the data (Schuurman, 2004). In the broadest sense, GIS can be defined as a powerful set of computer-based tools for collecting, storing, retrieving and displaying spatial information (Schuurman, 2004). Another way of saying this is that GIS is a tool for mapping and analyzing what is and what happens on earth. However, GIS is more than "computer maps" - it provides the power to link databases and maps and to show dynamic displays. More significant is that it gives the user the tools to imagine, explore or investigate, and overlay databases in ways that are not possible with traditional spreadsheets. Education, government, and business use GIS to improve on making their decisions and on m anaging the information.Why Use GIS In the Classroom The robust hardware, powerful software, spatial data can be powerful tools for an active explorer. Schools can take advantage of this "new geography" in many ways (McMaster and Usery, 2005). With relatively little financial investment by a school, GIS can be incorporated into current curricula, at each grade level and subject. GIS can give support and increase the value of existing activities and does not need a separate and 'isolated place in the curricula. With GIS the teacher and students have a new means to look at and analyze information. Also, the student's higher order thinking skills (e.g., observing, questioning, exploring, evaluating) can become a focus (McMaster and Usery, 2005). However, even more, significant than the powerful technology and tools with GIS, there is a wholly new emphasis and opportunity in the educational philosophy or paradigm for increasing individual exploration (NCSU.edu, 2002). In everyday life, answers are defined by people's questions and the parameters that are given. At present GIS software and data do not provide "the" answer. Instead, GIS offers ways to look at alternative responses to situations and problems that are specific (ESRI, 1998; ESRI, 2008). Interdisciplinary projects can be one important and effective use of GIS: mathematics, social studies, language arts, science are some examples of how this system can be helpful for the exploration of students. However, to relate GIS to the curriculum of these and other fields, there must be the "dimension" of a "location" that can be explored. An example of how GIS can be used in an interdisciplinary way is the use of a middle school teacher in North Carolina, Barbara Duke. This teacher used this technology to create a project for the students in a literature unit on Mark Twain. This unit could be related to Mark Twain's travels. The students of her class tracked the distance of Twain's travels by using tools of the ESRI Arc Voyager Project and. probed the database to find places located throughout the world where the author had traveled (NCSU.edu, 2002). Schools can employ GIS across the curriculum to engage students and teachers in the

Wednesday, September 11, 2019

Democracy, Equality, and the Supreme Court Essay

Democracy, Equality, and the Supreme Court - Essay Example Our regular elections work to keep the government in check as special interests, elected officials, political groups, and lobbyists jockey for the inside track at making laws and enacting policy. As these differing political and social forces meet, our civil society demands that their disagreements be settled peacefully and that the participants will honor the settlement. The real power of America's Democracy does not lie in the people, elected officials, special interests, or lobby groups. Our rule lies in our body of law and the constitution. Over the centuries, laws, rights, and freedoms have been challenged and debated. The US Supreme Court, the highest arbitrator in the land, has been the seat of responsibility for progress and the expression of these freedoms. Our individual and collective rights are protected and directed by the decisions made by the Court. We can measure and view our nation's progress by looking at the history of our Democracy through the court's decisions. The case of Marbury vs. Madison set the precedent that the Supreme Court would be the ultimate and final voice in constitutional questions and could void any law seen as contrary to the constitution. The court was further granted the power to determine the legality of the actions of the various branches of government and laid the foundation for the court's power, as well as our belief in a system guided by law and not men. Though the case was initiated over rather insignificant quarrels among the Republicans and Federalists, its effect has been paramount and enduring. Marbury vs, Madison has been the basis for bringing other landmark cases before the Supreme Court. The court had laid the groundwork as an arena to fight for individual rights as granted by the constitution. The case of Derd Scott vs. Sandford is an interesting case in that it was hoped that the court's decision would diminish further debate on the slavery issue. However, the court's finding that states could not outlaw slavery further divided the nation and led to the Civil War. Through great political pressure and deep differences, the court ruled that the constitution did not provide protection from slavery. This was not the failing of an unsympathetic court, it was a shortcoming in the constitution. But our founders had made provisions for the constitution to be fixed as the future would dictate. The decision ultimately led to the 13th, 14th, and 15th amendments which constitutionally guaranteed citizenship and equal rights for African-Americans and former slaves. Other decisions by the court have been viewed by history as contrary to freedom and liberty. In some of these cases, the court has overturned a previous ruling as changing times have dictated. Two such cases were Plessey vs. Ferguson and Brown vs. Board of Education. Plessey vs. Ferguson argued for definition of equality as guaranteed by the 14th amendment. The case was brought when Plessey, a Louisiana black, was arrested for violating the Separate Car Act. He had challenged the law that legalized segregation in public transportation and elsewhere. The court upheld Louisiana's segregationist laws under a finding that came to be known as