Monday, September 30, 2019

Part Two Chapter V

V Alison Jenkins, the journalist from the Yarvil and District Gazette, had at last established which of the many Weedon households in Yarvil housed Krystal. It had been difficult: nobody was registered to vote at the address and no landline number was listed for the property. Alison visited Foley Road in person on Sunday, but Krystal was out, and Terri, suspicious and antagonistic, refused to say when she would be back or confirm that she lived there. Krystal arrived home a mere twenty minutes after the journalist had departed in her car, and she and her mother had another row. ‘Why din't ya tell her to wait? She was gonna interview me abou' the Fields an' stuff!' ‘Interview you? Fuck off. Wha' the fuck for?' The argument escalated and Krystal walked out again, off to Nikki's, with Terri's mobile in her tracksuit bottoms. She frequently made off with this phone; many rows were triggered by her mother demanding it back and Krystal pretending that she didn't know where it was. Dimly, Krystal hoped that the journalist might know the number somehow and call her directly. She was in a crowded, jangling cafe in the shopping centre, telling Nikki and Leanne all about the journalist, when the mobile rang. †Oo? Are you the journalist, like?' ‘†¦ o's ‘at †¦ ‘erri?' ‘It's Krystal. ‘Oo's this?' ‘†¦ ‘m your †¦ ‘nt †¦ other †¦ ‘ister.' †Oo?' shouted Krystal. One finger in the ear not pressed against the phone, she wove her way between the densely packed tables to reach a quieter place. ‘Danielle,' said the woman, loud and clear on the other end of the telephone. ‘I'm yer mum's sister.' ‘Oh, yeah,' said Krystal, disappointed. Fuckin' snobby bitch, Terri always said when Danielle's name came up. Krystal was not sure that she had ever met Danielle. ‘It's abou' your Great Gran.' †Oo?' ‘Nana Cath,' said Danielle impatiently. Krystal reached the balcony overlooking the shopping centre forecourt; reception was strong here; she stopped. ‘Wha's wrong with ‘er?' said Krystal. It felt as though her stomach was flipping over, the way it had done as a little girl, turning somersaults on a railing like the one in front of her. Thirty feet below, the crowds surged, carrying plastic bags, pushing buggies and dragging toddlers. ‘She's in South West General. She's been there a week. She's had a stroke.' ‘She's bin there a week?' said Krystal, her stomach still swooping. ‘Nobody told us.' ‘Yeah, well, she can't speak prop'ly, but she's said your name twice.' ‘Mine?' asked Krystal, clutching the mobile tightly. ‘Yeah. I think she'd like to see yeh. It's serious. They're sayin' she migh' not recover.' ‘Wha' ward is it?' asked Krystal, her mind buzzing. ‘Twelve. High-dependency. Visiting hours are twelve till four, six till eight. All righ'?' ‘Is it – ?' ‘I gotta go. I only wanted to let you know, in case you want to see her. ‘Bye.' The line went dead. Krystal lowered the mobile from her ear, staring at the screen. She pressed a button repeatedly with her thumb, until she saw the word ‘blocked'. Her aunt had withheld her number. Krystal walked back to Nikki and Leanne. They knew at once that something was wrong. ‘Go an' see ‘er,' said Nikki, checking the time on her own mobile. ‘Yeh'll ge' there fer two. Ge' the bus.' ‘Yeah,' said Krystal blankly. She thought of fetching her mother, of taking her and Robbie to go and see Nana Cath too, but there had been a huge row a year before, and her mother and Nana Cath had had no contact since. Krystal was sure that Terri would take an immense amount of persuading to go to the hospital, and was not sure that Nana Cath would be happy to see her. It's serious. They're saying she might not recover. †Ave yeh gor enough cash?' said Leanne, rummaging in her pockets as the three of them walked up the road towards the bus stop. ‘Yeah,' said Krystal, checking. ‘It's on'y a quid up the hospital, innit?' They had time to share a cigarette before the number twenty-seven arrived. Nikki and Leanne waved her off as though she were going somewhere nice. At the very last moment, Krystal felt scared and wanted to shout ‘Come with me!' But then the bus pulled away from the kerb, and Nikki and Leanne were already turning away, gossiping. The seat was prickly, covered in some old smelly fabric. The bus trundled onto the road that ran by the precinct and turned right into one of the main thoroughfares that led through all the big-name shops. Fear fluttered inside Krystal's belly like a foetus. She had known that Nana Cath was getting older and frailer, but somehow, vaguely, she had expected her to regenerate, to return to the heyday that had seemed to last so long; for her hair to turn black again, her spine to straighten and her memory to sharpen like her caustic tongue. She had never thought about Nana Cath dying, always associating her with toughness and invulnerability. If she had considered them at all, Krystal would have thought of the deformity to Nana Cath's chest, and the innumerable wrinkles criss-crossing her face, as honourable scars sustained during her successful battle to survive. Nobody close to Krystal had ever died of old age. (Death came to the young in her mother's circle, sometimes even before their faces and bodies had become emaciated and ravaged. The body that Krystal had found in the bathroom when she was six had been of a handsome young man, as white and lovely as a statue, or that was how she remembered him. But sometimes she found that memory confusing and doubted it. It was hard to know what to believe. She had often heard things as a child that adults later contradicted and denied. She could have sworn that Terri had said, ‘It was yer dad.' But then, much later, she had said, ‘Don' be so silly. Yer dad's not dead, ‘e's in Bristol, innee?' So Krystal had had to try and reattach herself to the idea of Banger, which was what everybody called the man they said was her father. But always, in the background, there had been Nana Cath. She had escaped foster care because of Nana Cath, ready and waiting in Pagford, a strong if uncomfortable safety net. Swearing and furious, she had swooped, equally aggressive to Terri and to the social workers, and taken her equally angry great-granddaughter home. Krystal did not know whether she had loved or hated that little house in Hope Street. It was dingy and it smelt of bleach; it gave you a hemmed-in feeling. At the same time, it was safe, entirely safe. Nana Cath would only let approved individuals in through the door. There were old-fashioned bath cubes in a glass jar on the end of the bath.) What if there were other people at Nana Cath's bedside, when she got there? She would not recognize half her own family, and the idea that she might come across strangers tied to her by blood scared her. Terri had several half-sisters, products of her father's multiple liaisons, whom even Terri had never met; but Nana Cath tried to keep up with them all, doggedly maintaining contact with the large disconnected family her sons had produced. Occasionally, over the years, relatives Krystal did not recognize had turned up at Nana Cath's while she was there. Krystal thought that they eyed her askance and said things about her under their voices to Nana Cath; she pretended not to notice and waited for them to leave, so that she could have Nana Cath to herself again. She especially disliked the idea that there were any other children in Nana Cath's life. (†Oo are they?' Krystal had asked Nana Cath when she was nine, pointing jealously at a framed photograph of two boys in Paxton High uniforms on Nana Cath's sideboard. ‘Them's two o' my great-grandsons,' said Nana Cath. ‘Tha's Dan and tha's Ricky. They're your cousins.' Krystal did not want them as cousins, and she did not want them on Nana Cath's sideboard. ‘An' who's tha'?' she demanded, pointing at a little girl with curly golden hair. ‘Tha's my Michael's little girl, Rhiannon, when she were five. Beau'iful, weren't she? Bu' she wen' an' married some wog,' said Nana Cath. There had never been a photograph of Robbie on Nana Cath's sideboard. Yeh don't even know who the father is, do yeh, yer whore? I'm washin' my ‘ands of yeh. I've ‘ad enough, Terri, I've ‘ad it: you can look after it yourself.) The bus trundled on through town, past all the Sunday afternoon shoppers. When Krystal had been small, Terri had taken her into the centre of Yarvil nearly every weekend, forcing her into a pushchair long past the age when Krystal needed it, because it was so much easier to hide nicked stuff with a pushchair, push it down under the kid's legs, hide it under the bags in the basket under the seat. Sometimes Terri would go on tandem shoplifting trips with the sister she spoke to, Cheryl, who was married to Shane Tully. Cheryl and Terri lived four streets away from each other in the Fields, and petrified the air with their language when they argued, which was frequently. Krystal never knew whether she and her Tully cousins were supposed to be on speaking terms or not, and no longer bothered keeping track, but she spoke to Dane whenever she ran across him. They had shagged, once, after splitting a bottle of cider out on the rec when they were fourteen. Neither of them had ever mentioned i t afterwards. Krystal was hazy on whether or not it was legal, doing your cousin. Something Nikki had said had made her think that maybe it wasn't. The bus rolled up the road that led to the main entrance of South West General, and stopped twenty yards from an enormous long rectangular grey and glass building. There were patches of neat grass, a few small trees and a forest of signposts. Krystal followed two old ladies out of the bus and stood with her hands in her tracksuit pockets, looking around. She had already forgotten what kind of ward Danielle had told her Nana Cath was on; she recalled only the number twelve. She approached the nearest signpost with a casual air, squinting at it almost incidentally: it bore line upon line of impenetrable print, with words as long as Krystal's arm and arrows pointing left, right, diagonally. Krystal did not read well; being confronted with large quantities of words made her feel intimidated and aggressive. After several surreptitious glances at the arrows, she decided that there were no numbers there at all, so she followed the two old ladies towards the double glass doors at the front of the main building. The foyer was crowded and more confusing than the signposts. There was a bustling shop, which was separated from the main hall by floor to ceiling windows; there were rows of plastic chairs, which seemed to be full of people eating sandwiches; there was a packed cafe in the corner; and a kind of hexagonal counter in the middle of the floor, where women were answering enquiries as they checked their computers. Krystal headed there, her hands still in her pockets. ‘Where's ward twelve?' Krystal asked one of the women in a surly voice. ‘Third floor,' said the woman, matching her tone. Krystal did not want to ask anything else out of pride, so she turned and walked away, until she spotted lifts at the far end of the foyer and entered one going up. It took her nearly fifteen minutes to find the ward. Why didn't they put up numbers and arrows, not these stupid long words? But then, walking along a pale green corridor with her trainers squeaking on the linoleum floor, someone called her name. ‘Krystal?' It was her aunt Cheryl, big and broad in a denim skirt and tight white vest, with banana-yellow black-rooted hair. She was tattooed from her knuckles to the tops of her thick arms, and wore multiple gold hoops like curtain rings in each ear. There was a can of Coke in her hand. ‘She ain' bothered, then?' said Cheryl. Her bare legs were planted firmly apart, like a sentry guard. †Oo?' ‘Terri. She din' wanna come?' ‘She don' know ye'. I on'y jus' ‘eard. Danielle called an' tole me.' Cheryl ripped off the ring-pull and slurped Coke, her tiny eyes sunken in a wide, flat face that was mottled like corned beef, scrutinizing Krystal over the top of the can. ‘I tole Danielle ter call yeh when it ‘appened. Three days she were lyin' in the ‘ouse, and no one fuckin' found ‘er. The state of ‘er. Fuckin' ‘ell.' Krystal did not ask Cheryl why she herself had not walked the short distance to Foley Road to tell Terri the news. Evidently the sisters had fallen out again. It was impossible to keep up. ‘Where is she?' asked Krystal. Cheryl led the way, her flip-flops making a slapping noise on the floor. ‘Hey,' she said, as they walked. ‘I ‘ad a call fr'm a journalist about you.' ‘Didja?' ‘She give me a number.' Krystal would have asked more questions, but they had entered a very quiet ward, and she was suddenly frightened. She did not like the smell. Nana Cath was almost unrecognizable. One side of her face was terribly twisted, as though the muscles had been pulled with a wire. Her mouth dragged to one side; even her eye seemed to droop. There were tubes taped to her, a needle in her arm. Lying down, the deformity in her chest was much more obvious. The sheet rose and fell in odd places, as if the grotesque head on its scrawny neck protruded from a barrel. When Krystal sat down beside her, Nana Cath made no movement. She simply gazed. One little hand trembled slightly. ‘She ain' talkin', bu' she said yer name, twice, las' nigh',' Cheryl told her, staring gloomily over the rim of her can. There was a tightness in Krystal's chest. She did not know whether it would hurt Nana Cath to hold her hand. She edged her own fingers to within a few inches of Nana Cath's, but let them rest on the bedspread. ‘Rhiannon's bin in,' said Cheryl. ‘An' John an' Sue. Sue's tryin' ter get hold of Anne-Marie.' Krystal's spirits leapt. ‘Where is she?' she asked Cheryl. ‘Somewhere out Frenchay way. Y'know she's got a baby now?' ‘Yeah, I ‘eard,' said Krystal. ‘Wha' was it?' ‘Dunno,' said Cheryl, swigging Coke. Someone at school had told her: Hey, Krystal, your sister's up the duff! She had been excited by the news. She was going to be an auntie, even if she never saw the baby. All her life, she had been in love with the idea of Anne-Marie, who had been taken away before Krystal was born; spirited into another dimension, like a fairy-tale character, as beautiful and mysterious as the dead man in Terri's bathroom. Nana Cath's lips moved. ‘Wha'?' said Krystal, bending low, half scared, half elated. ‘D'yeh wan' somethin', Nana Cath?' asked Cheryl, so loudly that whispering guests at other beds stared over. Krystal could hear a wheezing, rattling noise, but Nana Cath seemed to be making a definite attempt to form a word. Cheryl was leaning over the other side, one hand gripping the metal bars at the head of the bed. ‘†¦ Oh †¦ mm,' said Nana Cath. ‘Wha'?' said Krystal and Cheryl together. The eyes had moved millimetres: rheumy, filmy eyes, looking at Krystal's smooth young face, her open mouth, as she leaned over her great-grandmother, puzzled, eager and fearful. ‘†¦ owin †¦' said the cracked old voice. ‘She dunno wha' she's sayin',' Cheryl shouted over her shoulder at the timid couple visiting at the next bed. ‘Three days lef' on the fuckin' floor, ‘s'not surprisin', is it?' But tears had blurred Krystal's eyes. The ward with its high windows dissolved into white light and shadow; she seemed to see a flash of bright sunlight on dark green water, fragmented into brilliant shards by the splashing rise and fall of oars. ‘Yeah,' she whispered to Nana Cath. ‘Yeah, I goes rowin', Nana.' But it was no longer true, because Mr Fairbrother was dead.

Sunday, September 29, 2019

Psychology Memory Test Notes

Short term memory: where small amounts of information can be stored for a small period of time. Long term memory: where limitless amounts of information can be stored for a very long period of time. Capacity: amount of information that can be held at any given time. Duration: the length of time that memories can be held. Encoding: the method in which information is expressed in a particular memory store. Displacement: a way of memory being erased from the short term memory before it an be transferred into the long term memory. Interference: when information which is stored in the long term memory is confused with similar information.Free recall: if a participant is asked to listen to 7 words and repeat them in FREE RECALL that means that the participant DOES NOT have to repeat the words in the order they were stated in. Serial recall: if a participant is asked to listen to 7 words and repeat them in that means that the participant HAS TO repeat the words in the order they were stated in. Digit span technique: a method of measuring the capacity of the short term memory by asking participants to repeat a string of items which gradually increases until recall is not possible.Information processing systems are called models. The manipulation and transformation of information is controlled by the process of: – encoding – retrieval strategies – rehearsal there are three separate sensory stores according to A&S: – iconic store – echoic store – haptic store sperling ( )- used a chart containing three rows ot letters tor a second. This was used to find evidence for the sensory memory. Items remain in the sensory memory for a very brief period of time. possibly less then two seconds) – information in the sensory memory is in a relatively unprocessed form. – information is passively registered in sensory memory. We cant control what enters. A&S believed the two different stores were different in terms of: – ho w long they last (duration) – how much information they can store (capacity) how they store information (encoding) – how information is lost (forgetting) The primacy and recency effect state that the words at the start and at the end of the list are recalled better.Asymptotes ( middle words ) are poorly recalled. Primacy effect: this is the tendency for the first items represented in a series to be remembered better or more easily. Recency effect: this is the principle that the most recently presented items or experiences will most likely be remembered the best.

Saturday, September 28, 2019

Allied Bartonfinal

Allied Barton security services provides highly trained individuals to accomplish important goals, one is to prevent accidents before they happen, and to provide a fast, professional response when necessary. Allied Barton provides top-notch security officers for a variety of purposes, including chemical and petrochemical, colleges and universities, financial institutions, healthcare facilities, manufacturing and industrial complexes, residential communities, shopping centers, and commercial real estate.Recently, Allied Barton has had many problems within the company, with things such as employee’s calling off, low motivation among staff, and other serious problems that could affect potential clientele in the future (Encyclopedia Britannica, 2008). I decided to take the privilege of changing the company around so it can deliver that which it stands for, quality service, at a great price. I am writing this paper, in order to outline an effective strategy in combating social prob lems within the company.When dealing with the internal problems of Allied Barton security company, I feel it is imperative that all employees are treated with a certain amount of respect, and disciplinary actions are taken against those employees who do not recognize and abide by the standards of performance set forth by the Company. I've worked for Allied Barton as a supervisor since 2004, after viewing these dilemmas; I want to develop a strategic management plan in order to increase performance and productivity and to increase employee performance.In order to increase performance and productivity, better training programs, and better compensation must be implemented. I personally believe that in order to motivate employees, adequate compensation must be provided to those employees that perform well in the company. In order to develop an effective strategic management plan, two primary problems have to be taken care of, one, employee loyalty must be improved in order to decrease t he number of employees that call off, and two, implementing motivational training programs with Cash prize’s or other incentives in order to motivate them to put forth 110%.In order to effectively manage my team, I might have to let some employees go, and hire more in. It is imperative, as a security guard, which you shows up to work on time and does not call off often. Allied Barton offers security services for a variety of businesses, if a security guard is not on call and does not show up, it not only makes the company look bad in front of the business they're supposed to be securing, but also forces the morning shift security guard to work a double. If I have employees working double time, too much over time will become an issue, which will affect my overall labor target.Is the main point of this paper is to develop an effective plan in order to combat these problems that our company is faced with. I firmly believe that you must start from the ground up, if you want to ac complish anything in a corporate structure. In my management plan, I will call for; a new crew, a better compensation plan, and proper motivational training. If I am to hire on new employees, they must be trained properly from the beginning, and learn the rules and guidelines set forth by the company.Once I have organized a plan for the internal problems of Allied Barton, I've been would like to develop a strategy in order to expand our company, by taking on new clients. I must ensure Allied Barton develops a plan to gain more clients, the company must have a reliable, stable crew, who will not call off, and show up to work on time. I feel that if the proper management plan is implemented, Allied Barton can expand; my employees can receive better compensation, and I will have accomplished my goal, which is the restructuring of the company from within. BackgroundAllied Barton has been providing security services since the year 1957, to a wide range of industry, including; commercial real estate, higher education, shopping centers, manufacturing and industrial complexes, financial institutions, and residential communities. Today, Allied Barton has over 50 years of experience in a security contractor industry. Allied Barton has over 50,000 employees and a hundred offices nationwide, which service more than 200 Fortune 500 companies across the country. Allied Barton was founded in Pittsburgh, Pennsylvania and went on to found further institutions in Atlanta, Georgia in 1977.In the year 1988 a company by the name of Spectaguard founded in King of Prussia, Pennsylvania emerged. Spectagaurd proved to be a suitable competition for Allied security, and went on to gain New York-based security in 1999. A major strategic move was made by Allied security in 2000, when Spectagaurd and Allied combined to form one corporation called Allied security, the third-largest security company in the United States. Since the year 2000 Allied security is been expanding its operations th roughout the world, and in 2003 acquired the professional security Bureau.Since the year 2003 Allied security has went on to expand its operations, acquiring Barton protective services in forming Allied Barton security services, creating the world's largest American own contract security services in the United States. Furthermore, in 2006 Allied Barton went on to enhance the quality of our security offerings to clients, and increase revenue, we acquired initial security. With each business that Allied security acquired, our operations expanded. Since I've joined Allied Barton in 2004, I have seen some of these major changes, and hope to make many more.Allied Barton has grown from a small security company in Pittsburgh, Pennsylvania in 1957, to be the largest provider of security services in the United States. I hope that Allied Barton retains this position in the country, and feel they can only do so with the proper staff. What make’s the Allied Barton Company unique, is the individuals that work for it. I think in order to expand Allied Barton's operations, it is imperative that proper training is implemented, and competitive compensation is provided. Having worked for Allied Barton for four years now, I have seen many employees call off, not taking their job seriously.Furthermore, I've also noticed that although training programs are implemented, they could be improved. I firmly believe that if employees are properly trained and paid well, they will perform well. In order to increase compensation, Allied Barton has to increase business. In order for Allied Barton to increase their business, they must acquire new clients, and in order to acquire new clients, Allied Barton must improve their employee’s performance. When Allied Barton acquires new clients, they must also further expand the amount of leaves, or security offers, that they have.I think that when an expansion of employees is made, it is imperative to higher the right employee. I firml y believe that you get what you pay for, if you want to underpay whilst recruiting employees, then you will get what you pay for, an underpaid employee. With our country's current economic situation, contractors are getting sleazier and sleazier because they work for close to nothing. Last year, the Comptroller received 261 complaint of underpayment, compared with 163 complaints in 1990 and 89 complaints in 1989 (Sims, 1992).Furthermore, health care is another major issue, and must be provided for employees. In order for Allied Barton to expand its services, it must be willing to pay well, and hire on hard-working individuals, who are loyal, and take their job seriously. Current Strategy Allied Barton's current strategy is to expand and to retain their current position as America's largest leading provider of security services. In order for Allied Barton to obtain this position, as stated earlier, it must have an efficient crew, as well as proper training programs implemented.Allied Barton has always stood for providing quality services, at a low price; something which I wish to continue. Allied Barton understands that if they want to provide quality, consistent security services across an array of industries, they must meet the needs of those industries on both local and national levels. Locally, Allied Barton hopes to provide superior day-to-day operations support, and on a national level, provides more than 100 offices across the country with an extraordinary number of resources devoted to our clients.Allied Barton wishes to provide a single point of contact for our client’s needs and expectations. Furthermore, Allied Barton has a team of experts assembled to help coordinate and support the transition and security management based on our clients needs. Allied Barton provides an environment that makes employees, tenants and guests feel safe and secure including holding employee seminars and distributing safety awareness steps. Allied Barton does every thing possible in order to make a proactive outreach to the community in which it is established in.Our company strives to provide the best training possible, with training programs that best suit our client security needs. We use state-of-the-art technology in order to create and evaluate reports on a multitude of areas within our security program, with real-time response in the case of emergency. Our clients have access to a call center 24 hours a day, which will have the ability to provide security services at whatever time our client needs it. Alternative Scenarios If Allied Barton is to expand, they must take on new clients.In order to acquire new clients, as I stated earlier, I must take measures to hire on reliable, dependable employees. Furthermore, Allied Barton's training program is good, but I think I could make it better. Our training programs should implement security protocols that are suitable for the clients we serve. My goal is to compete with companies such as benc hmark, which is a federal security agency. Many businesses feel that federal security agencies operate much better than private security agencies, primarily because of the employees of those private security agencies.When we look at federal security agencies, we see great training programs, and a huge budget. Since September 11, 2001, President Bush has given literally millions of dollars in funding to federal security agencies, including the Department of Homeland Security (http://www. fas. org). When dealing with private security companies, the funding that is given to federal security agencies is simply not given to private security companies. I think in order to expand our operations; we must be able to provide security services that are equal to those provided by federal agencies.The only way to provide private security services at an affordable price, that matches the competition of federal security services, effective training programs must be implemented. Also, I think it wo uld be effective to find outside sponsors. When changing the training programs, a believe that Allied Barton provides good training services, but I think the program should be extended, and those candidates that do qualify should pass a series of scored test not only to determine their IQ level, but also personality and behavior patterns.I think that by accurately testing potential employees, we can get an accurate understanding of how they act and think, and how they would think and act in an emergency situation; such as a robbery. Furthermore, based on age and education level, as well as experience, and appropriate compensation plans should be devised. Compensation plan should vary, lowest being paid to the newer employees, and the highest being paid to the more experienced older employees. I also believe that life, health, and dental insurance should be provided to all employees after a 90 day probationary period.I feel that a 90 day probationary period is necessary, primarily be cause you don't want to provide benefits for employee’s who do not want to stay with the company. I also think that a slip system should be implemented within the company. Green slips should be issued to those employees who perform well, yellow slips issued to employees, whose performance is lagging, or dropped, and orange slips as suspension, or probationary slips, issued a those employees who continually underperformed. If an employee is issued a green slip, I feel they should be rewarded.In developing the system, any employee who receives five Green slips or more within a two month period will receive a raise of $. 25 or higher. Furthermore, anybody who's issued 5 or more yellow slips in a one month time frame will be issued a two-week suspension. Lastly, any employee that is issued and orange slip, will face one month suspension, and upon return to the company 90 day probationary period in which the employee's performance will be evaluated, and if the employee decides to still continue to under perform, we will terminate them.Allied Barton has a reputation of one of the nation's largest security companies, and with the proper training and staff, it can retain that reputation for many years to come. I think some risk that Allied Barton will face, that it should avoid, is a recent expansion of federal agencies. Privatize security is a necessity amongst various industries Alternative strategies Alternative strategies that can be implemented to change the current posture and processes within the company should start with the proper testing of our newly recruited security officers.I think that personality and IQ tests are important when determining which employees to select. If an employee is required to hold a gun while on the job, we must make sure that only the most qualified individuals are given an opportunity. Furthermore, I do not want to provide great benefits, and awesome compensation, to employees that do not wish to stay with our company. I be lieve that a three-tier structure should be set in place in order to prevent this from happening. During the first year, the employees will start on tier 1 of the program.Tear one of the program is for beginner employees, and security officers, and acts as a probationary period during which time their performances are reviewed by their supervisors. After a year, the employee will be introduced to tier 2 of our program, during which time a better compensation plan, and benefits packages is arranged; as well as flexibility in scheduling is obtained. Employees in the tier 2 program are those employees who have been with the company for one year or longer, and who have performed adequately or exceedingly to the rules and regulations of Allied Barton.During tier 2, and will be monitored as in tier 1, if the employees have met the criteria necessary, and have performed exceedingly well in the company; they will be granted the opportunity of joining the third tier. The third tier will cons ist of employees who stayed with Allied Barton for three years or longer, and will contain a better compensation package, as well a 401(k), and opportunities to obtain half price shares in our companies stock. Furthermore, I think that it is necessary to provide some kind of pension plan for those employees who have stayed with the company for 25 years or longer in which to retire.We here at Allied Burton want the best employees, and want to keep those employees for the longest time possible. In order for Allied Barton to expand operations, it must contain loyal, trustworthy employees who are willing to give 110% when required. I think that by implementing better compensation plans and benefits packages we will attract more employees, as well as provide the incentive for those employees to always perform their best. Furthermore, by providing a pension plan after 25 years of loyal service to her company, it encourages employees to stay with our company.Allied Barton should expect not hing less than top-notch professionals for their security projects. In order to obtain more clients, we must impress those clients by providing exceptional service, at a great price. In order to provide these compensation plans, and benefit packages, I realize that our clientele must increase. In order to meet the changing environment of the security market, and the challenges of new competition that we face; we must incorporate strategies that lower prices, and provide quality services. As stated earlier, I feel that in order to lower prices, we must first have reliable and dependable employees.With reliable and dependable employees, we then can begin to expand our marketing operations. By motivating the employees, with better compensation plans, and great benefit packages; our team will always be happy, upbeat, and willing to work overtime is required. Furthermore, we must begin to directly market to other businesses, in order to obtain more clientele. I feel that by making these changes, we can accurately meet the demands of the ever-changing security market. Allied Barton is one of the nation's largest independent security providers, and I plan to keep it that way.By introducing better compensation plans and implementing business-to-business marketing plans are key factors in building clientele. Executive summary In summary, I feel that there are many things that must be implemented in order for Allied Barton to retain its current position as the nation's largest independent provider of security related services. Key factors in implementing the appropriate plan for Allied Barton, better compensation plans, business-to-business marketing, and entrance exams based on personality and behavior, and IQ tests must be implemented.By providing better compensation plans, we will attract more employees. By providing personality and behavior exams, as well as IQ exams, we can get a good understanding during the application process of what type of employee the applica nt would be if he or she was to become a security officer with our company. Furthermore, business-to-business marketing must be implemented in order to obtain a larger clientele base. Business-to-business marketing should be done in-house, with a handful of representatives, who are experienced in outbound business-to-business marketing.During the first three months of our business-to-business marketing program, if any telecommunications agent hired and underperforms or do not meet the quota of sales required, they will be replaced by somebody with the proper expertise. By implementing these strategies’s Allied Burton can achieve its vision and goals of maintaining there status as the leading provider of security services in the nation. I feel that business-to-business marketing will prove effective in obtaining additional clientele.As stated earlier, business-to-business marketing should only be done by those who have had experience in outbound business-to-business marketing for two years or longer. I understand that by creating this business marketing to marketing department, I will be adding new employees to the payroll and affecting my labor costs, if I hire 12 agents and each one is able to close three sales a day, Allied Barton will effectively be generating 36 new clients on a daily basis, this should compensate for any labor costs.If Allied Barton can effectively generate 36 new clients on a daily basis, that means that Allied Barton would effectively be generating 1080 new clients a month, or 12,960 clients a year. If Allied Burton is able to obtain 12,960 clients a year, Allied Burton will be able to expand its operations, maybe even to an international level. SWOT As stated in the beginning, weaknesses within Allied Burton include lack of motivation amongst employees, lack of up-to-date promotions, and also employees calling off too often.I feel that we can take these weaknesses, learn from them, and create opportunities to attract more employ ees. If better training programs are implemented, and business-to-business marketing is achieved, Allied Burton will effectively generate new clientele on a daily basis, whilst at the same time, effectively training and employing only the best most qualified individuals for the job. If Allied Burton can meet these requirements, I strongly believe that we can become one of the largest independent providers of security officers around the nation, and can expand operations to an international level.I strongly believe in the values, and vision of Allied Burton, and hope to implement programs that benefit Allied Burton as well as the employees within the company. By creating a win-win situation for everybody, the company will grow, employees will be properly compensated, calling off will be a thing of the past, and up-to-date promotions will be happening on a semi annual or annual basis. Despite Allied Barton's current weaknesses, it has been a strong company for over 50 years, and will only continue to grow with the right management strategy implemented.

Friday, September 27, 2019

Sensation and perception Research Paper Example | Topics and Well Written Essays - 750 words

Sensation and perception - Research Paper Example Sensation is passive whereas perception is an active phenomenon in that one does not consciously make an effort to sense the things while it is not possible to perceive things unconsciously. (AlleyDog.com, 2010). Since both are abstract terms, many people can not interpret the difference between the two as they know into words, despite being educated on the clear definition of both terms. Our way of life is based upon the way we perceive the world in which we live making use of the senses we are naturally blessed with. Sensation and perception have their own respective roles in composing our reactions to what we see and hear. One factor that particularly distinguishes sensation from perception is that sensation is common for everybody apart from those with disability, while perception varies from individual to individual. This is because sensation is an output of the natural senses that are invested in a human by nature. A person with a perfect body is naturally equipped with all the organs mentioned before that function rightly to produce their respective share of the sensations. Occasionally, people lack one or more of these organs or the organs’ ability to produce their sensation even if the body consists of them. This results in a temporary or permanent lack of sensation. However, the way a mind interprets the messages received from body organs has much to do with the many other personality traits that are not common among all people. Also, there is a big role of genes in the perception of sensation. Psychologists make use of the way an individual perceives a particular situation to tell wheth er the individual usually adopts an optimistic, pessimistic or neutral approach towards the matters of everyday life. Attainment of this information is fundamental to devising the most appropriate solution to a patient suffering from psychological disorders. Two children brought up in identical conditions sharing the same

Thursday, September 26, 2019

What are the factors driving the growth of township and village Essay

What are the factors driving the growth of township and village enterprises (TVES) in China What barriers to continued growth do they face - Essay Example The presence of TVE’s has contributed a lot in he state-run market. In the community side, the TVE’s contributed greatly to countryside improvement both in cost-effective and societal fields (Yueh, 2010:75). This reduced greatly the country side unemployment pressure the government had to deal with. This paper will endeavor to examine the inclusive factors driving the growth of TVE’s and the barriers in their continuous growth. First, the TVE’s have been integrated into the world economy. The location of these enterprises sits deep in the rural town of china. In such areas as the coastal l province of Guangdong, Fujian, Zhejiang and Jiangsu were majority are concentrated, the areas have a rich historical background. They possess prominent historical archives and are closely linked to Chinese capitals such as Hong Kong, Taiwan and Southeast Asia (Yueh, 2010:142). The close ties between the TVE’s have created the requirement of international division of labor and this forms an added advantage to rural china. They thus attract overseas Chinese investors. This has in consequence pumped a lot of money and real development and expansion plans have been initiated leading to their uncontrollable growth. The growth and [potential avenues of exploitation is the reason these TVE’s have emerged so strong. These rural setting have again contributed to importance of TVE’s growth. In these loc ations, the locals have provided well- disciplined and affordable Chinese work force (Tsui et al., 2006:201). This contributes to the successful operation the industries. The output per the TVE’s considerably keeps on going up as a result of dedicated work force. The provisions of tax exemption, currency conversion, and other open door policy as preferential treatment have attracted other international investors. This brings in more developments of these local TVE’s

2006 New York Housing Market Bubble Research Paper

2006 New York Housing Market Bubble - Research Paper Example Subsequently, the rapid increases lead to decreases in home values and mortgage debt charge that exceeds worth of property. Housing bubbles are usually identified after a market correction since house bubbles do not burst the way stock markets do. A housing bubble can occur when there is excess demand in housing with the supply that does not increase. There was a housing market bubble in New York that reached its climax in 2006. The housing bubble was attributed to rise in subprime lending, poor policies, poor taxation, emergence of new lenders, underwriters and mortgage brokers and credit raters. The housing bubble in New York took a period of ten years before it was realized. Because of the housing bubble in New York, the consumers, lenders and the entire economy were affected. The bubble was identified in New York by housing prices rising faster than the consumer prices, which was attributed to the increased demand for houses and a non-increasing supply side in housing (Frank, 200 9). Housing Market Bubble and New York City economy in 2006 During a housing boom, there is a substantial rise in real output as investment in houses and their related investments increases. There tends to be more jobs in the housing sector, and the investment gives out more economic output. Of course, the assets for extra housing activity have to be generated from somewhere, which means less activity for the other sectors of economy than it could have otherwise occurred. On bursting of a housing boom, new housing begins to fall, and the process is reversed. Another aspect of house pricing that affect the economy is that of household wealth effect and the related consumption. In times when house price increases, owners of houses for investments become wealthier and in the end increase their consumption spending since consumption is dependent on a person’s wealth. The wealthier an individual becomes, the more he has the willing power to consume and thus, the more he will consu me (Frank, 2009). The New York economy experienced changes due to the housing bubble. Before the market bubble came to be realized in the year 2006, the revenues related to real estates had increased tremendously, but with the housing market bubble, the revenues collected in the form of taxes from the real estates decreased drastically. The decrease in tax revenues could be attributed to the weaknesses in carrying out the housing transactions. There was a decrease in the growth of GDP since it grew at a lower level from the previous years. Private investments fell to 3.3% with a considerable increase in all sectors of private investments, but investments in inventories decreased significantly (Wiedemer, 2006). Consumer spending was highly affected by the housing bubble. As the mortgage interest rates rose, the consumption spending was decreased. However, since the interest rates rose slowly and the corresponding wealth effect was not random, the overall effect on the economy was not immediate, but took time before it could be noticed. An attempt to determine the value of houses rated NYC housing value as being 25% above the sustainable level. Usually, the reduced consumer spending may be because of the consumers not having trust in the housing investments, where they experienced a mix up of prices; price increases and price reductions. The consumers felt less wealthy after the bubble burst and they responded by cutting back spending (Wiedemer, 2006). During times of house bubbling, there were an increased number of brokers and underwriters, these made the real estate trade become easier with their role in shortening the transactions between purchasers and sellers of real

Wednesday, September 25, 2019

INFLATION TARGETING AS A STRATEGY FOR THE CONDUCT OF MONETARY POLICY Research Paper

INFLATION TARGETING AS A STRATEGY FOR THE CONDUCT OF MONETARY POLICY (IN CANADA) - Research Paper Example Monetary policy is one of public intervention measure around at influencing the level and pattern of economic activity so as to achieve certain desired goals. The task of keeping the rate of inflation low is given to authority bodies such as the central bank. Monetary policy covers all the action of the bank of Canada and the government which influence the quantity, the cost and availability of money credit in the economy through open market operations and setting of banking reserve requirements. 2. DIFFERENT STRATEGIES TO CONDUCT MONETARY POLICY I. Attainment of full employment Full employment simply refers to involuntary unemployment. Monetary policy can raise the level of employment by encouraging credit availability to labor intensive section like rural agriculture and other small scale factories. Policies that lower the interest rates constitute expansionary monetary and is likely to lead to an increase in investment hence more employment opportunities. II. Price stability Econo mics sometime suffer from inflation and deflation; both have their effects either positively or negatively. Monetary policy helps in controlling inflation pressure. Price stability can be maintained by regulating money through tools of credit control like discount rate and minimum reserve requirement ratio. It helps in maintaining equilibrium in income and wealth inequalities. III. Economic growth expansion Money policies are put in place to ensure that more money is injected in circulation to finance developments of projects, which may in turn cause a price increase. Monetary also controls real interest rates and its effect are clearly reflected in investment. If the central government goes for an affordable and available credit policy by cutting down on the interest rates, the investment level of the economy is encouraged (Ben and Woodford 94). Increase in investment simply means higher economic developments. IV. Balance of payments equilibrium The balance of payments has two aspe cts, that of surplus and that of deficit. The latter reflects stringency of money and the former an excess of money. If the monetary policy succeeds in maintaining monetary equilibrium than the balance of payments, equilibrium can be achieved. V. Exchange rate stability This refers to the value of home currency expressed in terms of any foreign currency. If the exchange rate is volatile, causing rapid changes frequently, the international society might lose confidence in the economy. The monetary policy hopes to achieve and maintain relative stability in the exchange rate. The central bank tries to influence the demand for foreign exchange and also maintaining its stability. VI. Equal income distribution Fiscal policy was s used to maintain economic equality according to some economist. In recent years, it is believed that the monetary policy can also play a role in attaining that equality. It can make unique provisions for the neglect availability like small scale factories, agricu lture and many more by providing for them cheaper credits for longer terms, thus assisting in reducing economic inequalities. Inflation is the increase in general level of prices of commodities in an economy over time. When prices rise, a buyer of goods and services is forced to pay more money for lesser goods and services. This simply means that inflation erodes the purchasing power of money. Inflation rates are used to measure the price of inflation. Economists argue that inflation is generally caused by a growth of the money

Tuesday, September 24, 2019

PolicyMaking in the EU Essay Example | Topics and Well Written Essays - 3500 words

PolicyMaking in the EU - Essay Example Were it admitted to the EU, Turkey would be the most populated country and the first to be predominantly Muslim. Though its accession would have little effect on the European Commission, it would dramatically affect the European Council. Despite these many positives, some negatives make many weary about Turkey's inclusion. Agriculture is a major concern of EU policy. As Turkey's inclusion would affect voting power, Turkish concerns could change the common agriculture policy. Also, the European Union allows free movements of citizens among member nations. "A free flow of [Turkish] immigrants could destabilize labor markets around Europe. Though many of the members today feel that the presence of the Turkey would definitely create an impact on the growth of the European Economy, an equal number of the members feel that Turkey cannot be included into the EU as it is not geographically apt to be called 'European'. Its accession talks have since been delayed by a number of domestic and external problems. Several European countries such as Austria have shown their reluctance to allow Turkey into Europe. The issue of Cyprus continues to be a major obstacle to negotiations. European officials have commented on the slowdown in Turkish reforms which, combined with the Cyprus problem, has led the EU's enlargement commissioner to warn of a crash in the negotations with Turkey. Despite these setbacks, Turkey had closed its first phase in negotiations in June 2006. Based on what it views as lukewarm support for its accession to the EU and alleged double standards in its negotiations. France and Austria have indicated they will hold referundums on Turkey's membership), the Turkish public has become increasingly euroskeptic in recent times. Arguments favoring Turkey's membership in the European Union Economy An important in the favor of Turkey's inclusion is the rapid economical growth it has been achieving in the last 4 years. Although the current GNP per capita is still lower than all of the other new EU-countries, the current economic growth rate suggests that in a few years, Turkey will have overtaken Poland and Romania. In addition, Turkey has a young population. That, combined with the size of the country, and its growth rates, constitutes a major dynamism and a good opportunity for the EU. (Barry.M.Rubin, 2003) Relationship with the NATO Atlancist countries outside Turkey have always felt the inclusion of Turkey into the European Union would help counteract France's completely oblivious stand against the US. In countries like France, Netherlands and Germany, this is viewed as a point working against the country. Turkey is a strong regional military power which could give the EU more military capabilities. The Turkish Armed Forces are the second largest standing armed force in NATO after the United States Armed Forces, and they are the strongest in the Muslim world. Many countries in the west believe that the inclusion of the country in the EU would cement its alignment with the west. Many people in Turkey also believe that the Turkish inclusion could actually result in less military influence in the country and more stable Government. It could also improve in sustaining the economy. The Energy resources Turkey has now become the Energy hub of the continent. Direct piping between Russia and Iran carries natural gas to Turkey, which is planned to be distributed to the

Monday, September 23, 2019

Financial Constraints and Impact Analysis Term Paper

Financial Constraints and Impact Analysis - Term Paper Example After all, there are characteristics of a successful project that will determine whether the project is successful or not. The triple constraints are as listed below: Scope/quality of a project is a clear statement of what is intended to be achieved in a particular project. It defines the functions, features and information content that will be included in the project at hand. It also defines the desired final result of the project. Resource cost/ resources are also one of the triple content of a project constraint. Resources cost money and the two descriptions are interchangeable in a number of ways. The cost of a project involves what needs to be applied or assigned to the project such as money and effort in order to make things happen (Kendrick, 2009). This includes resources such as manpower, or material requirements for the job, resources for risk management and evaluation of any other resources that facilitate the success of the project. The other constraint is the time constra int. This involves analyzing the time required for completion of each component of the project. After carrying out this analysis, the components are broken down to find the time for completion of each task. This allows for determination of the duration of the project as well as the quantity of resources needed to be dedicated to particular projects. This article tries to explain some of the ways in which these constraints can be managed for successful completion of the project. Methods for managing various constraints During control of a project constraint, it should be understood that it is only possible to define two constraints and the third will be determined by the other two. It is also advisable to determine which of the three is the controlling constraint as well as the one that needs to be changed (Dobson, 2004). For instance, if scope is the least important, determine the methods for achieving the most for the client while using the least amount of resources, reduce priorit y on resources and suggest solutions for the problem being addressed. Look for alternatives for the projects. In case of resource constraint, look at cross-training staff or recruiting new people as well as outsourcing. In case of schedule constraint, it is recommended to use a schedule float. Also, analyze the schedule for tasks that overlap 1. Use of spread sheet to mange constraints The triple constraints can be utilized in projects by increasing the chances of prioritizing. Despite the projects being constrained, not all constraints are equal between projects. For instance, project A may have a specific time that is critical for the completion of the project (Kendrick, 2009). However, the budget for project A could have some flexibility. Project B on the other hand may require certain resources but the deadline is within the time frame for project completion. Using spreadsheet to manage project constraints, three basic classifications are used when prioritizing constraints i.e. ‘Inflexible’, ‘Adaptable’, and ‘May concede’. Inflexible means that this is the most crucial project and has to be constrained for the successful completion of the project. Adaptable means the project is negotiable but should be optimized to a certain extent. May concede means that it is an area where trade offs is possible to take place in order to manage the inflexible constraint or optimize the adaptable one. Constraints/classification Inflexible Adaptable May concede Time

Sunday, September 22, 2019

The story 0f Mice and Men by John Steinbeck Essay Example for Free

The story 0f Mice and Men by John Steinbeck Essay The story 0f Mice and Men was written by John Steinbeck and set in America in the late 1920s early 1930s, in California near Soledad. The story is based around migrant workers in California usually male with no roots a very solitary existence. Migrant workers life was hard. It was gruelling, challenging, and often unrewarding. Just as George and Lennie dream of a better life on their own farm, the other migrant farm workers dreamed of finding a better life in California. The states mild climate promised a longer growing season and, with soil favourable to a wider range of crops. Very few found it to be the land of opportunity and land of plenty which they dreamed about. Steinbeck s themes within this story are loneliness and relationships, the migrant workers usually travel alone moving from job to job as season and circumstances dictated an almost thankless existence having no place to call their own or families to go home too. Most of the characters admit, at one time or another, to having a deep sense of loneliness and isolation. . George sets the tone for these confessions on page 15 Guys like us, that work on the ranches, are the loneliest guys in the world. They got no family. They dont belong no place. When he reminds Lennie that the life of a ranch hand is the loneliest of lives. Men like George and Lennie who migrate from farm to farm rarely have anyone to look to for companionship and protection. Each wishes for the comfort of a friend or a partner or lover, but many will have settled for a stranger rather than no one.. Curleys wife admits to Lennie that she is unhappily married on page 87 , and Crooks tells Lennie that life is no good without a companion to turn to in times of confusion and need on page 72 he say A guy goes nuts if he aint got nobody. Dont make no difference who the guy is, longs hes with you. They are all helpless in their isolation, and yet, even at their weakest, they seek to destroy those who are even weaker than they. Crooks shows this cruel and nasty tendency when he criticizes Lennies dependence on George and their dream of the homestead, their farm where they can work or not work just as they please, be their own boss. Having just admitted his own vulnerabilities-he is a black man with a crooked back who longs for companionship-Crooks homes in on Lennies own weaknesses, I think this mainly was to make him feel better and less of a failure somehow. Being alone and lonely and pushed out has made him bitter and mean in some ways. Everybody needs some kind of relationship, someone to call their own in some way whether it is a platonic, sexual or for instance a relationship between man and pet. This makes the difference between merely surviving and thriving and flourishing everyone needs some form of love and care in their lives. Candy had a relationship with his dog, George with Lennie, Curley with his wife but still Curly and his wifes relationship is pretty dysfunctional, there is no comradeship between them no love or trust no affection. Candy is keeping his dog alive for purely selfish reasons so that he isnt left alone even though the dog is old infirmed, in pain, unable to eat, and Lennie and Georges relationship is not an equal relationship either. Since Lennie cannot offer an equal adult relationship he needs a father figure, a caretaker where as George needs a friend a mate as such. The main characters in the book are George Milton and Lennie Small. George has a much stronger character hes portrayed as more of a smaller wiry type of man strong fit body and a quick thinker, lives by his wits almost, which comes across on pages 23-24 when he is talking to the boss he lies about distanced walked saying We hadda walk 10 miles to cover them not arriving until late when they only walked 4 miles and they had arrived at the pool the night before. He is short-tempered but a devoted friend, whose frequent protests against life with Lennie never weakens his commitment to protecting his friend. George at some point early on in their relationship used to abuse and make Lennie a laughing stock and seems to be atoning for his sins ever since. He mentions his earlier bad treatment of Lennie on pages (40-41) telling Slim Funny said George. I used to have a hell of a lot of fun with im. Used to play jokes on im cause he was too dumb to take care of imself He did this because it Made me seem so god damn smart alongside of himP41. So George definitely is no angel and can be petty and nasty as much as the next person, but he genuinely cares for Lennie. Georges first words, a stern warning to Lennie not to drink so much lest he get sick on page 5, set the tone of their relationship. George may be snappy and impatient at times, but he never strays from protecting Lennie. Lennie is a large, lumbering, childlike migrant worker. A huge bear of a man in looks, A huge man, shapeless of face, with large, pale eyes, with wide, sloping shoulders; (p2). Steinbeck thinks Lennie is quite animalistic in his looks and ways comparing him to a bear when he was swishing his hand in the water as if it was a paw on page 4 then a horse on page 4 also when he is drinking water and later he is likened to a terrier on page 10 who doesnt want to bring a ball back to his Master. Due to his learning disabilities, Lennie completely depends upon George, his friend and travelling companion, for guidance and protection. Lennie nevertheless does not understand his own strength. His love of petting soft things, such as small animals, dresses, and peoples hair, leads to disaster. Lennie is very childlike; he has a naà ¯Ã‚ ¿Ã‚ ½ve childlike innocence usually found in the very young which is shown in his utter helplessness in the face of the events that unfold. Lennie is totally defenceless. He cannot avoid the dangers presented by Curley, Curleys wife, or the world at large. The two men share a vision of a farm that they will own together, a vision that Lennie believes in wholeheartedly. Despite his hardened, sometimes harsh exterior George also wants to believes in the story of their future farm that he tells and retells to Lennie, but I think deep down he knows it all just a dream. He longs for the day when he can enjoy the freedom to leave work and see a ball game. More important than a ball game, however, is the thought of living in safety and comfort with Lennie, free from the people like Curley and Curleys wife, who seem to exist only to cause trouble for them. Lennie is largely responsible for Georges belief in this safe haven, George needs to feel needed too and that he has somebody close to him. Lennie gives George a purpose to carry on. In their relationship they are both intensely loyal to one another, dangerously so in Lennies part as he could harm someone because of his obsession with George and his need for him to be around, George is more like the protector, the father figure, he pretends hes put out by it but he knows exactly how lonely his life would be without Lennie, Lennie also knows this, the way he tried to manipulate George when he got angry over the mouse shows this. Lennie being there stops George living the life the way other ranch hands do, he points this out in anger at Lennie when he was whinging about ketchup on page 12 saying If I was alone I could live so easy, I could go get a job an work, an no trouble But later feels guilty because he knows Lennie would never manage to live alone without him to watch his back and care for him. They both need each other for their own various reasons Lennie needs George as a protector, father figure, carer and George needs Lennie because he needs someone to care for, someone to be there in a sense to step in for the absence of family, making Lennie his family, he is Georges reason for not going out getting drunk and going to whore houses he keeps him a step above the rest. This relationship fulfils their immediate needs for companionship, they both need someone else there on the long lonely road they travel for work, and through life but the relationship can never be equal or enough since Lennies intelligence cannot match Georges he would hardly get intelligent stimulating conversation from Lennie, Lennie couldnt look after George if the need arose and where as George would survive without Lennie albeit a lot lonelier, Lennie could never survive without George. George would then just be a plain old ranch hand like the rest without Lennie and the need to keep him safe and out of harms way. George would eventually need someone else in his life to provide what Lennie cant but I dont think Lennie would have the same problem since he would always need a father figure to protect him and care for him and his needs. If they went their separate ways George would drink, go to the whore houses with the rest of them and spend his $50 at the end of the month; he would end up with no hopes and dreams with no one else beside him to help keep them alive, just another lost and lonely soul existing from day to day. Lennie on the other hand would end up in an institute at best or hounded and lynched eventually at the worst, he couldnt survive without George, he doesnt even have the basic survival skills to keep him alive. He would pet someone or something he shouldnt and be lynched for it, people didnt understand simple learning disabilities in those days, feeling it was better to lock them away out of harms way or sight than actually dealing with the problem at hand. There just wasnt the care and attention given to people with learning disabilities in the 1920 1930s people didnt want to know, was much easier if they pretended they didnt exist or where got rid of in the institutes. The other person in the novel to have an alleged caring relationship is Candy The old swamper, aging and left with only one hand as the result of an accident, worries that the boss will soon decide he is useless and demand that he leave the ranch. Candy has a dog, once an impressive sheep herder but now toothless, foul smelling, and rheumatic through age. He was very proud of his dog, it was The best damn sheepdog I ever seen page 45. The dog just shuffles through the day barely existing too ill to eat even, yet, Candy still keeps him alive when it would be a kindness to have had him put down years ago and spared the dog the pain and suffering he now felt. It is a needful relationship in as much as the dog needs caring for and feeding etc and Candy needs something or someone in his life and in this case the dog is it, the dog can hear whatever Candy says but cannot have a conversation with him, he can nuzzle Candy and follow him around offering what form of love and attention a dog c an, but he cannot substitute for another human being. By the time we meet Candys dog in the story it is purely selfishness on Candys part that has kept the dog alive and I think fright, Candy is scared to be utterly alone and in that the dog is better than nobody. Candy needed people this showed in his eagerness to become part of George and Lennies dream they way he tried to buy himself in, in a way not daring to rely on a blossoming friendship between them, he was hedging his bets knowing money might swing things his way. Making it quicker for them to realise their dream as well. Candy seems to be ignoring the fact that you cannot buy friendship, they are generally built up over time and experiences together, but he is a weak lonely old man frightened of his future or lack of one and he thinks investing his lifesavings to secure him a future and friends into the bargain. On page 59 he says I aint much good with ony one hand. I lost my hand right here on this ranch. Thats why they give me a job swampin. An they give me two hundred an fifty dollars cause I los my hand. Then he proceeds to ask if he could come in with them by trying to bribe them with his lifesavings. Candy is too weak to put his dog down and out of his misery, to offer his faithful companion even this last final kindness, so Carlson has to do it, Carlson comes across almost heartless and devoid of feeling when he does this, Candy seems to shrink in on himself feeling very sad lying in his bunk turning his face away from prying eyes. On the other hand Carlson may seem cruel and heartless but I think in his own strange way he was doing a kindness based on selfishness in a way, he couldnt stand the sight or smell of the old dog, but a kindness non the less, since no one else was willing to put the old dog out of his misery. It was the right action but for all the wrong reasons. The bosss son, Curley wears high-heeled boots to distinguish himself from the field hands. Rumoured to be a champion prize-fighter (p54), he is a confrontational, nasty minded and aggressive man who compensates for his smallness of body and mind by picking fights with larger men. Recently married, Curley is plagued with jealousy perhaps because he himself is incapable of faithfulness and doesnt really love or know his wife, she is more of a trophy to him, and he is extremely possessive of his flirtatious young wife. Curleys wife is never given a name and is only referred to in reference to her husband. The men on the farm refer to her as a tramp, a tart, and a looloo.(P51) Dressed in fancy, feathered red shoes, she represents the temptation of female sexuality in a male-dominated world. Curleys wife is not a bad person, but rather a victim. Like the ranch-hands, she is desperately lonely and has broken dreams of a better life. It seems to me that Steinbeck comes across with the opini on woman are just there to serve men and are devious temptresses. Neither trusts each other and Curly has no respect for her, telling the other ranch hands about their sex life. Curlys wife confronts Lennie, Candy, and Crooks in the stable, she admits to feeling a kind frustration with her life. Her vulnerability at this moment and later when she admits to Lennie her dream of becoming a movie star makes her much more human not just a hussy in red shoes. Shes just a young girl married too early to a man she doesnt even like let alone love she tells this to Lennie on p87 when she tells him of her dreams of the movies, and Hollywood and her dislike of Curly and his nasty ways. Perhaps she felt she didnt have any other way out, but marriage to this stranger, she felt trapped at home by her mother and totally unhappy with her life and simply jumped out of the fat straight into the fire since her relationship with Curly just wasnt in anyway what she dreamed marriage would be like. In the 1930s there was not a lot of work offered to woman and single woman didnt have the same social standing as married women, many may have felt it was better to be married and married to anyone than being on their own and struggling to survive, women didnt have the resources they now have, and where never encouraged to feel on equal terms to men as they are now.. I think Steinbeck also tries to depict woman as low, flighty people corrupting men with their sexuality, they where either merely caretakers of men there just too look after them or sexual objects, not human beings in their own rights. Steinbeck had nothing nice to say about this girl, when really she is just a poor misguided young girl, who thought marriage would be the answers to her prayers, and that she would have a handsome attentive young husband, when in reality she got the aggressive nasty bully whom no one really liked, and whom she found she didnt like either. I think she was flirtatious because she needed company and since there was just men on the ranch she flirted, probably not knowing how to have any other kind of relationship with a man, and too young to work out that if she had just been friendly without flirting she might have made a few friends, that is if Curlys jealousy allowed it. Although the men think it is wrong of her to flaunt herself sexually and flirt, the men all visit a whorehouse for sexual gratification and momentary companionship. Another lonely character was Crooks the stable buck. Crooks is an even lonelier character than Candy, because not only is he a cripple, like Candy, but he is also black. Most of the men have a lot of prejudice against Crooks, referring to him with derogatory terms such as nigger. And because he is a different colour, he has to stay in a room on his own. Crooks is yet another victim of the times. We are told by Candy that the Boss takes his anger out on Crooks, though Crooks does nothing wrong. And Candy also relates an incident in the past when one of the ranch hands picked a fight with Crooks. It is to Crooks credit that he won the fight, although the other man did have his feet tied. He is very lonely and bitter, Lennie seemingly unaware of the politics of daily living for black people tries to go in Crooks room(p67) and make friends and chat with him , he doesnt realise that white people in the 1930s didnt integrate with black people in their leisure time as they looked down on them. On page 68 Crook says They play cards in there, but I cant play because I am black. They say I stink. Well, I tell you, you all of you stink to me. This goes right over Lennies head he just doesnt get the point. Lennie just wants to chat and make friends. Crooks tries to rile him saying Well spose, jus spose he dont come back page 71-72, he was trying to frighten Lennie and it nearly backfired, it shows Lennie becoming dangerously quiet and centred when he thinks George might be in any sort of danger when George is all Lennie has in the world and he doesnt want to lose him, his loyalty to George could prove fatal to someone else. Crooks was so desperate for a relationship anybody would do on page 78 he says A guy goes nuts if he aint got nobody. Dont make no difference who the guy is, longs hes with you. Crooks realises being friendless and having nobody leaves people lonely and embittered, he says on page 72 I tell ya a guy gets too lonely an he gets sick. I think Crooks wants more than anything else a sense of belonging, to enjoy simple pleasures such as the right to enter the bunkhouse or to play cards with the other men. This desire would explain why, even though he has reason to doubt George and Lennies talk about the farm that they want to own, Crooks cannot help but ask if there might be room for him to come along and hoe in the garden. On page 76 he offers to work for nothing even just to be allowed in. Anything it seems would be better than the loneliness of his present life, until Curlys wife comes in and in promptly makes him feel his place in the world yet again, bursting his bubble his notion of just being a man amongst men instead of a black man. Carlson a ranch hand, who complains bitterly about Candys old, smelly dog. He convinces Candy to put the dog out of its misery. Carlson says he wont be causing the animal any suffering. Carlson comes across quite heartless. If something or someone isnt useful get rid of it, everything has to have a function. He has a lack of concern for other peoples feelings and doesnt take time to understand them. He is an insensitive person who cares nothing for others. Carlson is the type of man George hopes to avoid becoming. The death of Candys dog testifies to the shameless and pitiful way by which the strong attack and eliminate the weak. Candys dog, although no longer useful at corralling sheep, is of great importance to the old swamper. Candys emotional attachment to the dog is clear. Despite this, allowing the animal to live out its days is not an option in this cruel environment. Carlson insists that the animals frailty makes it unworthy of such devotion. The most comfort he can offer is to assure Candy that he will kill the dog mercifully and quickly. Carlson has no attachments to anyone or anything and possibly feels happy enough without them, I think he sees emotional attachment as a weakness he can do without. Even at the end after George shoots Lennie Carlson cannot understand what all the fuss is about, why George should be upset in anyway, George had put down Lennie like he Carlson had put down the dog both animal and man as useless as each other in Carlsons eyes. None of the relationships in the book seem complete and fully functional. Nearly all of the characters in Of Mice and Men are disempowered in some way. Whether because of a physical or mental handicap, age, class, race, or gender, almost everyone finds themselves outside the structures of social power, and each suffers because of it. All seem lacking in some way. Lennie cannot offer George all he will need from a relationship although George probably offers Lennie all and more. Candy is too old and disillusioned with life, and his loneliness and fright of the future, to be much use in a relationship, and Curly is to into himself and proving himself a big man to ever have a proper fulfilling relation, his own insecurities would forever mess up a relationship. Curleys wife is too young and has the selfishness of youth, and is unable to cope with the likes of Curly she needed an uncomplicated young man really who would love and idolise her how she needs to loved. After Lennie killed Curleys wife, George was faced with a terrible choice, let Curley find Lennie and kill him, or kill Lennie himself. Unlike Candy, he will not let someone else shoot his best friend. He would not subject his best friend to unnecessary fear anxiety and pain. George does what he has to do, in his own way, the act of killing Lennie himself, is doing Lennie a kindness, putting him down, the lesser of the two evils, since if Curley got hold of him it would be horrendous. When George suggests they find Lennie and lock him up instead of shooting him, Slim has to remind George how terrible it would be if Lennie were locked in a cage, or strapped to a bed. Like the painful life of Candys arthritic sheepdog, life in prison or an asylum would be no better for Lennie. Just as Candy had to realize that his sheepdog would be better off dead than alive, so did George with Lennie. George by killing Lennie surrendered his dream for survival Slims sympathetic response is best showing his understanding. Slim is the only one who does not seem to need a fantasy to shield him from the harsh realities of the world. His skill at his work and mastery of the ranch bring him peace and contentment, these emotions and feelings are unknown to his fellow ranch hands. . Slim is both respected and admired. Everyone looks for his approval, even Curley, who seems to have contempt for everyone else on the ranch. The others give into Slim because his word is the law. He is the voice of reason and understanding, and he consoles George after he has killed Lennie. Slim is the kind of man that George hopes to become one day. I think Slim has more chance of a normal relationship if he ever has one since hes the only one at peace with himself and his life. Of Mice and Men is about the struggle of the weak in society and loneliness in or out of a relationship. Loneliness is an inevitable fact of life that not even the strongest can avoid, Crooks, Candy and Curleys wife all suffer through loneliness and isolation and lack of a viable relationship. George and Lennie are unique in that they have each other. Their companionship contrasts the loneliness that surrounds them, the loneliness of the outcast black man, the loneliness of the scarlet woman, the loneliness of the old, helpless crippled swamper. People need relationships even though it is difficult keeping a good relationship going since no two people are the same or have the exact same thoughts and beliefs. To keep a relationship flourishing you must have things in common, you must be able to disagree or agree without fear of the relationship ending, you must be caring of one another and respect each other, and some people do not have the social skills to keep a relationship fruitful. Quite often a person suffering through isolation will forever be trying to fulfil a friendship like Candy trying to become part of the dream with Lennie and George; he was trying to buy into a relationship. I do not think Steinbeck had a high regard for woman either, I think that was a sign of the times though and the era they lived in, woman had a place and that was to serve man. Curleys wife was in a relationship yet was the loneliest of all, she was married yet still was alone, still felt unloved and unwanted, and thats why she flirted to ease her hurting. I think Steinbeck had a very bleak view of relationships and woman in general, all the relationships seemed dysfunctional. People were made to live in society and it a natural instinct to seek friendship and companionship. When they find it, they are content within themselves. Friendship and interaction are two very necessary things; we all need them to combat loneliness.

Saturday, September 21, 2019

Contract Law Advice Style Answer

Contract Law Advice Style Answer Arron and Tracy have entered into three different types of contracts. Firstly, there is a contract for sale of goods between Tracy and HAL[1] for the purchase of the coffee machine. Secondly, there is a contract for service among Arron and Matthew for the decoration of the hallway. Then, there is a contract for sale of description between the Arron and the dog-seller for the purchase of dog. The contracts appeared to be consumer contracts, since they satisfied the requirements established under the Unfair Contract Terms Act[2]. Section 12[3] states that a person dealing under a consumer contract is when one party performed in the course of a business and not the other party. Moreover, the goods in consideration must be ‘of a type ordinarily supplied for private use’.[4] Section 2(1) of the Sale of Goods Act[5]states that for a consumer contract to exist there must be ‘a money consideration’. In application, it is clear that Arron and Tracy are consumers, whi ch are not acting in the course of the business, but we cannot say the same for the other parties. In the cases of Stevenson[6] and R B Customs[7], the term ‘in the course of a business’[8] is wisely explained, it is clear that the other parties who contracted with them are included. THE LUXURY COFFEE MACHINE* The purchase of the luxury coffee falls under the implied terms of s. 14 SGA[9], which says that the goods supplied must be of â€Å"satisfactory quality†. Under S.14 (2A)[10], the test is that of ‘a reasonable person’ would regard as satisfactory. Thus, when the coffee machine was bought no one will expect it to burn hands and to be unsafe (considering the criteria in s.14 (2B)[11] of the act. Here, it includes safety as per s.14 (2B) (d)[12]. Indeed, the General Product Safety Regulations 2005[13] has included electrical equipment as having a requirement to be safe, by being properly insulted. However, this is not the case when the coffee machine becomes too hot which is clearly unsafe. It is clear though that s.14[14] is in breached since the product supplied burnt hands by becoming too hot. Consequently, Tracy can return or ask for a refund of the price ( £150) and damages. Nevertheless, in order to entitle to this, it must be established that Tracy has not â€Å"accepted† the product. Otherwise, if it has taken place the remedy is damages only which will be under s.11 (4).[15] Furthermore, s.35 (4)[16] says that acceptance occurred when a buyer retain the goods for a certain period of time without intimating to the seller that she rejected it. The question of time had an extensive discussion about how long and what actually is a reasonable time. It was first established under the case of Bernstein[17], under which there was a maximum of 3 weeks. However, it was later replaced by Clegg[18] the actual law which provides a period of 7 months. In application, Tracy is visibly within the time limit, as she rejected the offer when she returns the coffee machine back to HAL. Furthermore, since Tracy paid the coffee machine with her credit card, she may have additional rights under the Consumer Credit Act 1974[19]. In fact, she enters into a consumer credit agreement which is defined under s.8 (1)[20] as an agreement between an individual and the creditor by which the creditor provides the debtor with credit of any amount. In application, this is the case when Tracy paid the product with her credit card define as ‘financial accommodation’ under s.9[21]. It was a regulated consumer credit agreement under s.8 (3)[22] as it was not an exempt agreement. It also constitutes a restricted use, according to the situation in the problem as per s.11 (b)[23] and a running account as per s.10 (1) (a)[24].Consequently, as the product is purchase with a credit card, there is a D-C-S agreement under s.12 (b)[25]; debtor: Tracy, creditor: Barclaycard and the supplier: HAL .In such a case, where there is a faulty product, which is the case Tracy has a ‘ like claim’ against the credit card company under s.75[26]. HAL and the credit card company are ‘jointly and severally liable’ for the aforementioned breach of S.14 SGA[27]. Therefore, Tracy has a claim against both HAL and Barclaycard. Indeed, if the claim against the shop is unsuccessful, then she is entitled to use s.75 as a shield. Furthermore, even if Vicky is not a party to the contract she might have a claim against HAL since the privity of contract was overcome by the narrow rule of Lord Atkin in the case of Donoghue v Stevenson.[28] Despite the fact, that she could claim under negligence it will be best to sue under Consumer Protection Act[29] since there is a strict liability. Vicky might claim a civil liability under Part I of CPA[30] which covered damage or personal injury caused by the faulty products, when her arm is burn. The coffee machine is defective as per s.3, since no one will generally expect the coffee machine to become too hot and unsafe. Therefore, she will be able to sue for damages. Moreover, there may be a potential criminal liability under Part II of CPA which covered damage caused by unsafe product. Certain goods need to satisfy the safety requirement under s.11 (1)[31]. Therefore, a failure to meet the safety regulations is a breach under s.12[32], but unless the product supply is unsafe which here is visibly the case. Additionally, HAL will try to rely on the exclusion clause. In order to be effective, the clause needs to satisfy certain legal rules. When Tracy went to return the coffee machine, she was pointed a notice which states â€Å"Sale items cannot be returned†. Applying the case of Olley[33], which established that for a notice to be incorporated it need to be before or at the time of the contract. Since, Tracy could not remember having seen the notice before; it is very likely that there clause was not incorporated. Even if the clause was valid, it will not make a difference because s6 (1) UCTA states that liability in consumer contract for breach of s.14[34] cannot be excluded. MATTHEW, THE DECORATOR* The contract between Arron and Matthew is governed by the Supply of Goods and Services 1982[35] since the substance of the contract is based on services. The SGSA[36] consist of two parts; Part 1 consists of the quality of goods supplied under the contract for the services and Part 2 is about the supply of services Under Part 1, there is an implied term that goods supplied on the part of the act to be of satisfactory quality and fit for purpose under s.4. This section mirror the provisions contain within s.14 (2A) and (2B) of SGA[37]. It should be noted that there is no provision equivalent to s11 (4) and s.35. Therefore, generally when Arron buys the wallpaper guaranteed to last 10 years he will expect the product to be of satisfactory quality and to durable as per the other relevant circumstances under s.4 (2A)[38] which mirror the provision of s.14 (2B) (e)[39]. But this was not the case when the wallpaper falls off the wall after six weeks. Unlike Part 1, which implied term concern the goods, Part 2 implies following terms concerning the supply of services. Contrarily, to Part 1 it is possible to exclude liability, under s.11 UCTA for breach under the service part of the contract. A contract for supply of services is defined under s12[40] as â€Å"a contract under which a person (the supplier) agrees to carry out a service.† Under Part 2 there is an implied term under s.13[41] that the services provided by the supplier will be carried out within a reasonable care and skill. It should be noted that s.13 implies generally accepted to be innominate term as in Hong Kong Fir[42] by depriving the innocent party of the whole benefit of the contract. This is clearly the case here when ‘the wallpaper fall off.’ Applying Nettleship v Weston[43], there is no defence even if the person claims to have to their incompetent best. Under, Bolam[44] if the skilled conforms within the standard required is of a reasonable competent member of the relevant trade, he will not be liable due to others different views. As established in Philips[45] , the services must be carried out with such a care as within the capacity of his degree of experience which he claimed to have .He must have a level of skill of such specialist which he holds to Arron as in Grieves.[46]Therefore, when Arron employed Matthew, he expected t he work to be done with a reasonable care and skill and not be fall off within six weeks. Clearly s.4[47] and s.13[48] are in breached. Consequently, Arron will be able to ask for damages since rejection will be impossible. The claim for recovery of damages is for the poor service or poor quality of materials used in the contract term, it includes actual damages for the failure of wallpaper which has not be achieved it result by holding on the wall and consequential damages for the money which Arron will have to expense to repair the breach. In order to entitle to this, Arron must have taken reasonable steps to mitigate his loss suffered, which require acceptance of offer from the defendant to rectify the matter, like under the case of Payzu.[49]It is clear that mitigation of loss had occurred when Arron suggested to Matthew that he should properly do the work again. Hence, Arron will be able to recover for the damages since he gives the opportunity to Matthew to redo the work properly. Additionally, Matthew tried to rely on the exclusion clause, when Arron tells him that he should properly ‘redo’ the work. An exclusion clause is used by a party in order to restrict or limit liability in an event of a breach of contract or any other specified circumstances. But, for it to be effective three legal conditions need to be consider; the common law, the UCTA and the Unfair Terms in Consumer Contract Regulations 1999[50]. Under the common law, the clause must be incorporated and constructed. According to the scenario, the clause was incorporated by an express agreement since there is not enough information to state that a contract was signed between the parties. Therefore, it is very likely that the clause was incorporated. As for the construction of the clause, it must be established that in interpretation of the contract the clause cover the breach which has occurred. In application, the clause is constructed in a plain language but it does not cover the breach. Hereafter, the clause might not be hold as constructive by court. In addition, the statutory controls need to be considered. The legislation for exclusion clauses is governed by the provision under UCTA and UTCCR. The UCTA was created in order to protect the weaker party, for example the consumer. Under s.11(1), the reasonableness test need to be consider, under which the term must be fair and reasonable by including all circumstances ‘[†¦]which were or ought reasonable to have be known[†¦]’[51]. In the problem question, it is clear that the terms are not fair and reasonable since Matthew restricted the term of the contract for his own benefit and not for Arron (the consumer). He excluded all extra cost and loss arising out of the decorating services. The UTCCR will not be applicable due to lack of information about the presence of a contractual term or a standard form. Even if the exclusion clause is valid s.7[52]states that liability for consumer contracts for breach of s4 and s13 cannot be excluded. However, this liability can be excluded if satisfies the requirement of the reasonableness which is visibly not the case here. Arron might have a criminal liability against the producer for the commercial practices of the wallpaper through television advertising. The liability will be under Schedule 1 of the Consumer Protection from Unfair Trading Regulations 2008[53]which replaced some consumer protection legislation; like CPA Part 3 or even the TDA[54]. He can claim liability for misleading actions under Regulation 5. It occurs when a misleading information lead the average consumer to make a decisive reason to enter the contract. In application, it is clear that it is the 10 years old guarantee, which encourages Arron to buy this specific paper. This commercial practice clearly distinguished the product from the competitor (para.3 (a) of reg.5), was obviously a main characteristic of the product (para.4 (b) of reg.5) which makes him make a decisive decision in buying this product rather than the others. PUPPIES* The buying of pedigree dog is governed by the SGA. However, the effect of the statement must first be drawn, by stating whether it is a puff, a representation, a term or a sale by description. The difference between these statements will be established. A puff is a ‘mere boast or unsubstantiated claims’ which are used by advertisers for their products and services .An example is the case of Carlill[55]. Representations or contractual term are statements made in course of negotiation for a contract. While, a term of contract define as outcome to pre-contractual negotiation between parties can be distinct in two types; implied and express. It could also be a sale by description under s.13 which implied term is that the goods must ‘correspond’ to the words used for the description of the goods. In application, it is clear that is a sale by description where the adverts states that the dogs are ‘pedigree dogs’ with ‘friendly temperature’. S.13 is breached as the description is inaccurate and that the dogs are crossbreeds, aggressive and snappy. There is a strict liability under s.13 and the remedy, will allow Arron to reject the good and receive damages. Next, Arron has paid the pedigree dog with his credit card; he may have a claim under CCA. Under the CCA, a D-C-S agreement is established, under s12 (b) consisting of the debtor; Arron, the creditor; the credit card company (Barclaycard) and the supplier (the dog-seller). It may be that has a claim under s.75 where the creditor is jointly and severally liable with the supplier for the supplier misrepresentation and for breach of s.13 SGA. If, the claim is not successful under SGA against the supplier, Arron will be to use s.75 as a shield. Criminal liability is regulated by the regulation 5[56] for the false information which deceived the consumers. The false statement of the advert may lead to a criminal offence under reg.5 CPUTR which prohibits false information to be applied on goods. S.2 (2) (a), states that goods includes the descriptions and details of animals as per there ‘sex, breed or cross [†¦]’[57].Under s.3 (1)[58] explains the term of â€Å"false to a material degree†. In application, it is clear that the advert the newspaper is a material degree and that there is a breached of Reg 5. 2515 Word Count*(Excluding titles) Bibliography Primary Sources Cases: Bolam v Friern Hospital Management [1957] 1 WLR 582 Bernstein v Pamson Motors [1987] RTR 384 Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 Donoghue v Stevenson [1932] AC 562 Grieves Co Baynham [1975] 1 WLR 109 Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 Nettleship v Weston [1971] 2 QB 691 Olley v Marlborough Court Ltd [1949] 1 AII ER 127 Payzu Ltd. V Saunders [1919] 2 KB 581 Philips v William Whitely Ltd [1938] AII ER 566 RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 Stevenson v Rogers [1999] 1 All ER 613 Statutes and statutory instruments: Trade Description Act 1968 Consumer Credit Act 1974 Unfair Contract Terms Act 1977 Sale of Goods Act 1979 Supply of Goods and Services Act 1982 Consumer Protection Act 1987 Unfair Terms in Consumer Contracts Regulation 1999 Consumer Protection from Unfair Trading Regulations 2008 Secondary Sources Books: Nicholas Ryder, Margaret Griffiths, Lachmi Singh, Commercial Law (Principles and Policy), (First published 2012,Cambrige) Michael Furmston and Jason Chuah, Commercial Law,(2th edn, Pearson 2013) Chris Turner, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) Chapters in Books: Michael Furmston and Jason Chuah, Chapter 4 ‘Sale of Goods’: 4.8 Defective goods, Commercial Law,(2th edn, Pearson 2013) pg. 192-201 Chris Turner, Chapter 6 ‘The Obligations under a Contract : Term 6.1.2: Types of representation and their consequences, UNLOCKING CONTRACT LAW,(First published 2004,Hodder Stoughton) pg. 111-116 Websites and Blogs: Which? Consumer Right ‘Supply of Goods and Services Act 1982’ (2014) http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982>accessed on 19 March 2014 Financial Ombudsman Service , oombudsman news  » issue 31  » credit cards equal liability under section 75 of the Consumer Credit Act 1974 (sep 2003) http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm> accessed on 25 March 2014 FindLaw UK, ‘Your rights under section 75 of the Consumer Credit Act’ http://www.findlaw.co.uk/law/consumer/consumer_credit/500520.html> accessed on 02 April 2014 BBC one Watchdog, ‘Supply of Services’(2014) http://www.bbc.co.uk/programmes/b006mg74/features/consumer-law-supply-of-services> accessed on 06 April 2014 Out-Law.com, ’Product liability under the Consumer Protection Act’ (last update 2011) http://www.out-law.com/en/topics/commercial/supply-of-goods-and-services/product-liability-under-the-consumer-protection-act/> accessed on 09 April 2014 [1] Home Appliances Ltd [2] Unfair Contract Terms Act 1977; UCTA [3] Unfair Contract Terms Act 1977 [4] Section.12(1)(c) Unfair Contract Terms Act 1977 [5] Sale of Goods Act 1979;SGA [6] Stevenson v Rogers [1999] 1 All ER 613 [7] RB Customs Brokers Ltd v United Dominions Trust Ltd [1988] 1 WLR 321 [8] Section 12 Unfair Contract Terms Act 1977 [9] Section 14 Sale of Goods Act 1979 [10] Section 14 (2A) Sale of Goods Act 1979 [11] Section 14 (2 B) Sale of Goods Act 1979 [12] Section 14 (2B) (d) Sale of Goods [13] General Product Safety Regulations 2005;GPSR [14] Section 14 Sale of Goods Act 1979 [15] Section 11 (4) Sale of Goods Act 1979 [16] Section 35 (4) Sale of Goods Act 1979 [17] Bernstein v Pamson Motors [1987] RTR 384 [18] Clegg v Anderson [2003] EWCA Civ 1002 [19] Consumer Credit Act 1974;CCA [20] Section 8 (1) Consumer Credit Act 1974 [21] Section 9 Consumer Credit Act 1974 [22] Section 8 (3) Consumer Credit Act 1974 [23] Section 11 (b) Consumer Credit Act 1974 [24] Section 10 (1)(a) Consumer Credit Act 1974 [25] Section 12 (b) Consumer Credit Act 1974 [26] Section 75 Consumer Credit Act 1974 [27] Section 14 Sale of Goods Act 1979 [28] Donoghue v Stevenson [1932] AC 562 [29] Consumer Protection Act 1987:CPA [30] Consumer Protection Act 1987 [31] Section 11 (1) Consumer Protection Act 1987 [32] Section 12 Consumer Protection Act 1987 [33] Olley v Marlborough Court Ltd (1949) 1 ALL ER 127 [34] Section 14 Sale of Goods Act 1979 [35] Supply of goods and Services Act 1982; SGSA [36] Supply of Goods and Services Act 1982 [37] Sale of Goods Act 1979 [38] Section 4 (2A) Supply of Goods and Services Act 1982 [39] Section 14(2B)(e) Sale of Goods Act 1979 [40] Section 12 Supply of Goods and Services Act 1982 [41] Section 13 Supply of Goods and Services Act 1982 [42] Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] EWCA Civ 7 [43] Nettleship v Weston [1962] 2 QB 691 [44] Bolam Fried Hospital Management [1957] 1 WLR 582 [45] Philips v William Whitely Ltd [1938] 1 ALL ER 566 [46] Grieves Co v Baynham [1975] QB 644 [47] Section 4 Supply of Goods and Services Act 1982 [48] Section 13 Supply of Goods and Services Act 1982 [49] Payzu Ltd v Saunders [1919] 2 KB 581 [50] Unfair Terms in Consumer Contract Regulations 1999; UTCCR [51] S.11(1) of Unfair Contract Terms Act 1977 [52] Section 7 Unfair Contract Terms Act 1977 [53] Consumer Protection from Unfair Trading Regulations 2008; CPUTR [54] TDA:Trade Description Act 1968-largely repealed by CPUTR [55] Carlill v The Carbolic Smoke Ball Co Ltd [1893] 1 QB 256 [56] Regulation 5 of Consumer Protection from Unfair Trading Regulations 2008 [57] Section 2(2)(a) of the Trade description Act 1968 [58] Section 3(1) of the Trade description Act 1968