Are pheumatic tourniquets necesary for optium beneficts from knee Essay

Are pheumatic tourniquets necesary for optium beneficts from knee surgery - Essay Example s shown less drastically adverse results with working in conditions of limited blood loss being the most obvious benefit but with numerous disadvantages (Tang, Olesnicky & Heiskell 2013, p. 32). On the other hand, modern day knee surgery, employing pneumatic tourniquets in more than one million surgical cases in North America alone per year, is prone to risks presented by intra-operative and post-operative complications as well as operation-specific complications. Several studies have identified the pneumatic tourniquet as a significant factor for the increased risk of complications with regards to knee surgery (Krushell & Fingeroth 2007, p. 78). Although there are some advantages such as confining anaesthetics to an extremity, the most common risks are in the form of nerve injury, post-tourniquet syndrome, blood clots, infections and osteolysis (Walsh 2006, p. 711). Because of the risks that patients are exposed to during the use of pneumatic tourniquets in knee surgery, this paper will argue in support that pneumatic tourniquets are not necessary for optimum benefits from knee surgery by discussing their complications. The use of tourniquets, even the older, non-pneumatic versions, has been riddled with complications, sometimes fatal ones (Shemshaki, Laripiur & Jalalian 2010, p 683). Pneumatic tourniquets are used in knee surgery to primarily occlude the flow of blood in an extremity so as to establish a bloodless field in which surgery may be conducted. However, their increased use is also accompanied by the growing risk of incidents related to complications with pronounced physiological changes such as the base-acid imbalance caused by the application of pneumatic tourniquets and may result in pulmonary oedema. The physiological changes also induce transendothelial movement of polymorphonuclears. Most of the injuries that result from the application of pneumatic tourniquets are often pressure-related but may also be consequences of prolonged tourniquet time

Persuasive- Pro Gay Marriage Essay Example for Free

Persuasive- Pro Gay Marriage Essay The legalization of same-sex marriage benefits both LGBT people and America as a nation. As states progressively begin to legalize same-sex marriage, it’s a convenient time to refocus attention on the many advantages associated with the pursuit and achievement of marriage equality. If same-sex marriages are legalized in Texas, not only will it benefit the state but also it will promote equality and non-discrimination in society, provide economic and business opportunities, and strengthen America’s national identity and international reputation. Millions of LGBT people contribute daily to American life in a multitude of ways culturally, socially, financially, politically, vocationally, and spiritually. They are vital to this nation’s continued growth and evolution and the U.S.A. would suffer greatly from the extraction of their many contributions. The legalization of same-sex marriage encourages the human right that everyone deserves. This promotion of equality and non-discrimination is extremely important in reducing homophobia and encouraging a minority group in society that has suffered colossal amounts of disgust that nobody deserves. â€Å"More than 1 in 5 LGBTQ students are physically harassed or assaulted because of their sexual orientation.† Children and young adults are being bullied because of whom they like; many of them cannot deal with this harassment and end up committing suicide. A large part of this nation’s future will be dead if this nonsense doesn’t quit. What more of a reason d o people need to know to see that homophobia is wicked and same-sex marriage should be permitted? It has been proven that same-sex marriage has provided a major economical boost to those states and countries that have embraced marriage equality. The marriage and wedding industry is a significant one. â€Å"Nearly $260 million was injected into the New York City economy in the year following the legalization of same-sex marriage.† Its obvious that money-obsessed geezers that are always looking for a way to get more money out of citizens run the government. They’d be absolutely blind and useless not to acknowledge that authorizing same-sex marriages could be a win-win for both them and gay couples. America has historically presented itself as a global leader in matters of freedom and democracy. It’s unfortunate and ironic, however, that  back on home soil one particular group of people is consistently denied full access to the â€Å"American dream.† The fact that the federal government doesn’t recognize same-sex marriage in a majority of the sta tes has damaged America’s international reputation in relation to LGBT rights. If people would stop discriminating and start embracing this way of life it would play a key role in enhancing America’s international reputation in matters of social justice and in restoring this nation’s integrity as a global leader in the competence of civil and human rights. Also, â€Å"Liberty and justice for all† would finally be believable when same-sex couples are granted equal access to laws across the country. It’s time for things to change and begin to celebrate diversity and difference in our society, rather than continuing to fear or attack it.

Solid Waste Management For Hotels In Mauritius

Solid Waste Management For Hotels In Mauritius The main objectives of this mini project were: to provide a review of key concepts and issues relevant to solid waste management for Small ,Medium ,and Large Hotel in Mauritius ; to analyse and evaluate the hotel solid waste management (HSWM) program in Mauritius and to suggest recommendations and areas for further research. The following data collection methods were used in this study: deep review of documents and literature, interviews and a propose methodology to carry out the study. Tourism can bring both positive and negative impacts. One aspect of tourism that can have an impact on local communities is solid waste management (SWM). Improper SWM can lead to pollution and deterioration of the aesthetic appeal of tourist destinations. However ,may airline agency are assessed the hotels for safety and ecology before placing the tourist in the hotels. A proposed survey questionnaire has been designed and could be administered at a later stage for future evaluation of solid waste in small, medium, and large hotel .The questionnaire has been designed in such a way to be able to analyse all solid waste within a hotel ,example ,waste from kitchen ,store ,office ,Front Office ,Laundry ,Housekeeping and so on Waste minimization is essential in the hotel industry with regards to waste reduction, reuse, recovery and disposal. This is also referred to as the Hierarchy of Waste Management .From the literature review obtained from different sources, small ,medium and large hotel can adopt the hierarchy of waste Minimization ,Reduction ,Reuse and Recovery .However it is also noticed that there is advantages and disadvantages using Waste Minimization Approach . Now ,there is a lot of recycling companies in Mauritius which collect or hotel go to disposed all the materials to be recycled such as glasses to Glass Gallery ,Metals to Steel Scrap Ltd ,Plastic Bottle to Polypet Recyclers Ltd ,Paper to Agripac or Dakhri Paper . If Solid Waste is not properly managed by the hotel ,there can be a environmental degradation and pollution, resource depletion and damage to marine ecosystem. The EPA 2002 is enforced by the Ministry of Local Government .According to the EIA ,no hotel construction till the approval of the EIA Report Many hotels generate above 20% of food waste , Green Waste and can be composting .According to the Ministry of Local Government ,very few hotels carry out the composting and many of the hotels whether small ,medium or large do not have expertise on composting . It is also evident that small and medium hotels pay less attention for the implementation of waste minimization than larger hotels, because the costs outweigh the benefits. The small and medium hotels have limited space for them to apply the minimization totally .But to some extent small and medium hotels can apply the hierrerchy .Concepts such as appropriate technology, cleaner production, life cycle assessment and environmental management systems can be useful for improving how solid waste management is approached. Conclusions and lessons learned from the literature are presented and links between concepts in the literature and .recommendations made on how to management waste in these hotels ACKNOWLEDGEMENTS First and foremost, I would like to express my gratitude to my supervisor, Mrs Geeta Devi Unmar for her valuable meetings guide ,support for my mini project on Solid Waste Management for Hotel(Small, Medium and Large ) . I am also grateful Mr Prakash Kowlessur ,Director Solid Waste Unit ,and Mr Micheal Marie ,Principal Enforcement Officer ,Ministry of Local Government , for his helpful coordination with his staffs to collect the quantity of waste per week. Special thank to Mr. Shardoo ,Environment Officer at Ministry of Environment and NDU for his useful information on EIA guide line for coastal hotel .Finally special a thank to Mr. Lan Pin Wing Michel,Statistic Section, Ministry of Tourism ABBREVATIONS Table of Contents 1.0 Introduction 1.1 An Overview of Solid Waste In Mauritius The rapid industrialisation and urbanization during the past decade have led to changing production and consumption patterns that continue to present new demands for natural resources and create new waste streams. It is estimated that solid waste produced in Mauritius is about 380,000 tonnes a year (or 1,200 tonnes per day) and is expected to reach 418,000 tonnes in 2014.Each Mauritian generates around 0.7 kg of solid waste daily and this is expected to rise to 0.9 kg by 2010. The development of an integrated solid waste management strategy is among the priorities identified in the National Environmental Strategies to reduce future costs from environment degradation The increase in the economic development has changed the life style and the consumption pattern of the population. Consequently, this has led to an increase of the amount of solid waste generated. 1.2 Composition of MSM It is found that most of the waste is organic in nature and can be compost easily (Fact Sheet- Ministry of Environment) . 1.3 Waste Composition from Hotel There are three main sources of waste from hotels (office/guest rooms, gardens, and kitchen/restaurant), and each source contains different types of waste. For example, there are a lot of compostable, which can be biologically decomposed, present in kitchen-waste while more recyclables are present in waste from office/guest rooms (Chopra, 2004) According to Reseearch ,Dr Wan Li Liao ,2008 A typical hotels waste stream in Belize consists of the following component percentages: paper/cardboard 27%, food waste 45%, yard waste 8%, plastic 5%, metal 5%, glass 5%, demolition and construction waste 3%, other 2%. 1.4 Disposal Of Solid Waste In Mauritius Formerly solid wastes were disposed of in open dumping grounds, but due to public complaints of the nuisance caused by the foul odour emitted by the putrefying waste, all the open dumps have now been closed. The Ministry of Local Government and the Local Authorities are responsible for collection and transportation of household and commercial wastes. Today, solid wastes are collected and disposed of at the Mare Chicose landfill through transfer stations. There are presently 5 transfer stations in Mauritius namely: Poudre dOr Roche Bois La Brasserie St Martin La Laura Wastes are compacted at the transfer station to reduce their volume before they are transported in larger vehicles to the sole landfill of the country which is at Mare Chicose. In hotel actually the waste is collected in different bins, that is , segregation at source .Waste carrier come to collect the waste and then transfer to land fill .For Most of the hotel the transfer is subcontracted to cleaning service such as Securiclean, Maxiclean ltd or even to private lorry .Sometime due to poor management of solid waste , poor storage , and irregularity of waste carrier to collect waste ,make rise to bad smell ,rodents and sometimes it is not esthetics . Now the tourism industry is one of the three pillars of the Mauritian Economy. Mauritius is become one of the most important international tourist destinations in the Indian Ocean. The tourist arrivals for the year 2009 rose up to 413,504, with a forecast of 1.0 million tourist arrivals for the end of year 2010. Due to the expansion of tourism industry , there were total of 97 registered hotels in operation by the end of June 2009 (C.S.O., 2009). Hotel activities produce huge amount of wastes, which tend to increase as the number of hotels increases. The problem of waste generation associated to environmental pollution is a challenge to hotels with regards to waste collection and disposal. Our space land fill become limited Much emphasis is placed on ecotourism. Ecotourism in fact consists of three elements: natural-based, educational and sustainable management (ecoT mgt and assess) Mauritius itself is described as an ecotourism destination in the Indian Ocean and Africa region. (encyclo of ecoT). One example of an ecogreen hotel in Mauritius is Le Coco Beach Hotel, whereby ecotourism practices are applied (ecot themes..) Ecogreen hotels can help to protect the environment, make hotel operations sustainable, reduce cost and liabilities, and improve health and safety. Since hotel operations such as housekeeping, bar and restaurant, kitchen, greenscaping, administrative office and staff quarters, generate large quantities of solid waste, a good solid waste management system is essential. Priority must be given to the development and implementation of a sustainable and integrated solid waste management system, encouraging current practices such as reuse, recycling, composting, waste reduction and prevention, facilities for waste disposal and technologies to convert waste into energy. 1.5 Research Goals The improvement of solid waste management is one of the challenges faced by tourist destinations in Mauritius. This mini project provides full literature review of the HSWM program in Mauritius to disseminate information about an innovative solid waste management program in a tourist destination. This study will explore the topics Conclusions,recommendations and future research directions will be presented at the end of the study. The research objectives for the study were: To provide a review of key concepts and issues related to solid waste management in Mauritius . To analyse and evaluate the hotel solid waste management (HSWM) program in Mauritius pertaining to Small ,Medium and Large Hotel To provide space to the landfill . To suggest recommendations and areas for further research. 1.6 Beneficiaries From the outcome of this mini project I have try to identify the HSWM within the Small , Medium and Large Hotel and how the system is working within the hotel ,that the hotel staff is facing and this can serve a starting point in the Hotel for improving its conditions, infrastructure, work environment and attitudes towards the waste management ,and eco environment .It will be a great benefit for the Small and Medium Hotel 2.0 Literature review 2.1.1 What is waste Wastes are those materials no longer required by an individual, institution or industry. Wastes are thus regarded as by-products or end products of the production and consumption process respectively. (Source: A. Vesilind, 1995) 2.1.2 Solid waste is that material which arises from various human activities and which is normally discarded as useless or unwanted. Examples of solid wastes: waste tires scrap metal furniture and toys domestic refuse (garbage) discarded appliances and vehicles empty cans, paint cans and compressed gas cylinders ,plastics and bottle construction and demolition debris, 2.1.3 SOURCES AND TYPES OF WASTES Wastes are produced by human activities and include: 1. Municipal wastes 2. Industrial wastes 3. Agricultural wastes 5. Energy generation wastes . 2.1.3 MUNICIPAL SOLID WASTE Municipal solid waste (MSW) is a waste type that includes predominantly household waste (domestic waste) with sometimes the addition of commercial wastes collected by a municipality within a given area. There are five broad categories of MSW: Biodegradable waste: food kitchen waste, green waste, paper (can also be recycled). Recyclable material: paper, glass, bottles, cans, metals, certain plastics, etc. Inert waste: construction and demolition waste, dirt, rocks, debris. Composite wastes: Waste clothing, Tetra Paks, Waste plastics such as toys. Domestic hazardous waste toxic waste: medication, paints, chemicals, light bulbs, fluorescent tubes, spray cans, fertilizer and pesticide containers, batteries, shoe WASTE DISPOSAL 2.4 Waste Generation And Collection In Mauritius waste collection is undertaken by the local authorities which consist of 5 municipalities for urban areas and 4 district councils for rural regions. More recent figures indicate that close to 800 tonnes of waste is collected daily and this figure is set to increase to 1000 tonnes daily in the coming years. The following is a break up of the sources of waste by tonnage. Trade and Industry: 150 tonnes/ day Domestic waste : 600 tonnes/ day Hotels : 50 tonnes/ day It has been estimated that, on average, each person generates 0.6 kg of waste daily. Whereas an average family generates 800 kg per year. (Solid Waste Unit ,Ministry of Local Government) Type of Waste Percentage of Waste Table 2 -Tonnage of Waste -Mare Chicose Landfill for Year 2007 to 2009 From the graph it can be concluded that the generation on waste is being kept increase. Metal cans: It is estimated that 28 million metal cans are imported annually and this is set to increase at a rate of 5.7% yearly. 2.4.1 HOTEL WASTE GENARATION Each hotel room generates an estimated 9.2 kg of waste per day (Wisnu 1998b). In Indonesia, per capita waste generation rates were 0.65-0.83 kg/day in large cities, 0.55-0.63 kg/day in medium cities and 0.47-0.5 kg/day in small towns (Jindal et al., 1998). Therefore, the amount of waste generate per hotel room is over ten times the amount of waste generated per day .From both study it was concluded that 80% of waste is organic 2.4.2 Waste Disposal The authorised dumps are found at: (1) Poudre DOr (2) Mt St Pierre (3) Riche Fond (4) Solferino (5) La Martiniere An unspecified number of unauthorised dumps exist throughout the island. Though illegal dumping takes place at these sites, the authorities turn a blind eye because of the lack of appropriate structures to deal with all the wastes generated on the island. The present method of waste disposal cannot continue for long as the dumps are overflowing with heterogeneous waste and open dumps have obvious disadvantages like the emission of air pollutants and odours, contamination of the water table with seepage and contamination of aquatic resources like rivers and the lagoon. The Roche Bois dump also situated close to the shore receives domestic, commercial and industrial waste from the Port Louis area. About 100 tonnes of solid waste are discharged daily at the site and then incinerated. The adjoining lagoon is subsequently polluted with all types of solid waste, it also a receptacle for sewage and industrial waste discharge. 2.5 Waste Management Waste management shall mean the collection, transport, recovery and disposal of waste, including the supervision of such operations and aftercare of disposal sites However the newer concepts of Waste management talk about Reduce, Reuse and Recycle of waste over and above waste disposa1. 2.5.1Waste Minimization Approaches to Hotel Waste The Waste Hierarchy is a list of approaches to managing waste, arranged in order of importance. Below is a common graphical representation of the Hierarchy, with the least preferred option for managing waste, Recovery, located at the right end and the most preferred option, Reduction, located at the beginning left. WASTE MINIMIZAT10N APPRAOCHES Waste Minimization Techniques Delivered by Hotel 2.5.1.1 Reduction Reduction is the topmost approach in the hierarchy of waste management. It is perhaps the most important element of the waste hierarchy and also the one which presents the toughest challenges. According to the book Waste Treatment and Disposal, reduction is the strategy that waste production from commercial consumption should be reduced. It concerns the consumption and purchasing of longer lasting products, and products which are likely to result in less waste when they are used. Examples of waste reduction are: buying by bulk, and using alternatives. 2.5.1.2 Reuse This is the second most important approach in the hierarchy of waste management. Reuse is the collection and reuse of materials, for example cleaning and reuse of glass bottles. Reuse is a more effective use of resources. Many of these products can be reused instead of being disposed of to landfill Many waste products have the potential to be reused enabling purchasing cost savings at the facility, as well as decreasing waste management cost. The approach of reusing products can create changes in attitudes towards disposable products. Examples of products that can be reuse are: used tyres, glass and plastic bottles, scrap paper, and plastic bags. 2.5.1.3 Recovery This is the third and final approach in the hierarchy of waste management. It includes two types of waste recovery, which are recycling and composting. According to the book Waste Treatment and Disposal, (1) Recycling. The potential to recycle material from waste is high, Recycling: reprocessing of a discarded waste material to make it suitable for subsequent re-use either for its original form or for other purposes Recycling is beneficial in two ways: it reduces the inputs and reduces the amount of waste produced for disposal.Finally on recycling we can save transport vehicles ,maintenance cost ,fuel cost In Mauritius, figures for 2000 show that only 15 820 tonnes of waste per year was being recycled instead of 100,000 tonnes (Min. of Env. N.D.U-2003). 2.6 Benefits of Waste Minimization The benefits of the implementation of waste minimization at the hotel whether small ,medium or large facility are as follows: 1. Less waste generation will be produced due to the implementation of waste minimization programs in hotels and the support of tourist visitors and employees. As a result, the market trends, which attract and motivate tourists to visit increases since the environmental quality is maintained. More tourist will be attracted 2. Giving back to the community and showing environmentally friendly concerns also enhances the outlook of the hotels public image. Being socially responsible shows how much the business cares about the outside elements that makes the business successful, and not just about profits 3. Having an environmental focus of the hotels operations creates a market niche separating that particular hotel from its competitors, whom are not eco-friendly. An environmental focus is relatively new in the hotel industry. 5. Increasing profits result since an abundant amount of money purchasing new products which the facility could have been using the reusable products instead and paying less for waste disposal. 2.7 Difficulties of Waste Minimization Just as there are many benefits of waste minimization, there are indeed many difficulties. 1. Although waste reduction, reuse and recovery have become an integral part of many hotel management plans, space limitations and finance often make this process problematic for some facilities. 2. Limited knowledge and training can be strenuous for managers to discipline their employees in carrying out these environmentally friendly practices. Lack of control over these behaviors can be quite demanding. 3 At the smaller hotels, the costs outweigh the benefits leaving the facility with no incentive to carry out this sustainable way of operating. Environmental awareness is growing at a slow rate. 2.7 Tourism: Solid waste generation and impacts Hotel activities tend to produce large amount of solid wastes; waste paper, stationery and ink cartridges from the administrative offices and staff quarters; old furniture equipments from guest rooms; food scraps, broken glassware and other solid waste from the kitchen, bar and restaurants; newspapers and magazines from the front desk, waste vegetation from greenscaping and out of use equipments from the maintenance department. The tourism industry can have positive impacts for a country. For example: increase of national profit, enhancement of the countrys global image, bringing in investors and improved infrastructure. On the other hand, negative effects are also felt; environmental degradation and pollution, resource depletion and damage to marine ecosystem. 2.8 Importance of a good Solid Waste Management Waste is unsightly, malodorous and unaesthetic, polluting land, air and water, clogging drainage systems, posing serious public health risks, and restricting potential land use (Pernia,1992 ).Improper SWM can result in pollution and health risks and waste, if not disposed of properly can become a nuisance and a health hazard.Decomposing waste harbor disease vectors, attracts vermin and help the proliferation of rodents and rats (national state of Allegro Papgayo hotel in Costa Rica was closed because of bad and unsustainable waste management practices which lead to ocean pollution in the surroundings and bad smelling (Costa Ricas Occidental Grand Papagayo to close?,2008). A good SWM is essential and should emphasize on environmental protection and health 2.9 Approach to a Sustainable and Integrated Solid Waste Management At present, more and more hotels are implementing sustainable practices to reduce tourism impacts on the environment by using water, energy and other materials efficiently. These are termed as ecogreen hotels. This reduces cost for waste disposal and increased profits. In Mauritius some hotels like Oberoi Hotel and Le Plantation using recycles items and one restaurant from Le Plantation Hotel is made of all recycles materials like all plates ,glasses ,chairs ,tables and so on .Another example is that At Amelia Island Plantation, Amelia Island, FL, more than 5.5 tons of waste is collected for recycling each week. 2.9.1 Energy recovery Treating waste thermally WTE with heat recovery can help to supply a clean and trustworthy energy under the form of heat and power. This can contribute to saving energy (Pavlas, et al., 2009). One example is Payatas, whereby electricity is produced from methane gas (Serrona, Yu, 2009). Energy recovery is a very sustainable solution to Plastic Solid Waste since plastics have a high calorific content and embodied energy. Cement kilns and fluidized beds are utilized to recover energy from PSW (S.M. Al-Salem et al., 2009). 2.9.2 Composting Composting is a natural process that turns organic material into a dark rich substance. This substance, called compost, is a wonderful conditioner for soil. It is the decomposition of the organic fraction of waste to produce a stable product such as soil conditioners and growing material for plants. Composting can save money for transfer of waste to landfill Composting is found to be the best way to deal with organic types of waste generated (Narayana, 2009). In fact, for solid waste which have a high moisture content and low calorific value, for example: food wastes and greenscaping wastes, aerobic composting is the best method for managing this waste . ( Narayana, 2009). 2.9.3 WASTE REDUCTION Refillable amenity dispensers can replace soap, lotion, shampoo and conditioner bottles in hotel guest rooms. In Food and Beverage they can purchase large tin butter and refilling in small porcelain pot rather than to buy very small butter with smaller plastic container They can use Beverage Dispenser rather than can .They reduce waste, slash operating costs and save time. Housekeeping managers save staff time when they buy highly concentrated cleaning supplies. Engineering managers cut waste and increase productivity when they switch from incandescent lights to fluorescent or LED bulbs. Fluorescent bulbs last five times as long as incandescents and LEDs operate twenty-five times longer. Modular mattresses allow hotels to replace just the mattress tops, not the rest of the units. They extend the seven-year average life of hotel mattresses by five to ten years. Hotel restaurants reduce waste by using washable table cloths and dinnerware, reusable coffee filters and by providing condiments in bulk dispensers. Hotels can eliminate bottled water waste by using filtered water. There are many more waste prevention strategies that hotels could deploy, such as: eliminating unrequested newspapers; requiring documents to be printed on both sides of the page and with a smaller font and margins; asking hotel suppliers to reduce excess packaging; and having staff use permanent mugs and cups, rather than disposables. The old furniture and the bed with the bed sheet can be donated to the infirmary institutions for reused and at the same time their CSR increases. Recycling Products with minimal packaging can be ordered. Do grass cycling with the grass from the lawn. Stop providing disposable mugs for example, buy company mugs. Buy durable towels, napkins, etc. Encourage the guests to return the reusable products. Introduce the waste prevention programme to the guests. (ecogreenhotel, 2009). 2.9.5 . Environmental Management Systems Environmental management systems (EMSs) provide a framework that can help organizations incorporate tools such as cleaner production. EMSs involve the achievement of environmental goals through the management of environmental aspects in a consistent way. Environmental goals ,policies ,measurable objectives are set by the organisation and achieved through the control of operations. Waste minimization can be an Environmental Policy and objective set is less than 2% of Solid Waste Generation or Zero Waste 2.9.6 EIA Guide Line For Proposed Coastal Hotel Projects ,July 2004 In 2008, some 44 EIA licences were granted of which 12 (27% ) were issued to land parcelling and 8 (18% ) were provided to coastal hotels and related works There is an increase of hotel in our coastal region and an EIA is requires under section 15 of the EPA 2002 for the coastal hotels .Under section 3.7 of the EIA guideline ,July 2004 ,for each impact the section should state steps to avoid or reduce it ,for example ,is as follows :Source ,Type ,Generation ,,Collection and disposal of solid wastes One EIA report for Proposal for the Construction of new Hotel at Tamarin Medine Ltd had been verified and found that that the following statement has been made Waste generated from the kitchen and accessory services if not properly managed may cause direct impact on the surrounding .Indirect impacts may be caused by proliferation of rats ,insects and emission of bad smell (EIA Report ,2009 -Ministry of Environment and N.D.U.) 2.9.7 Impact Mitigation Measures Hotels will be committed to appropriately manage its solid wastes. As much as possible ,solid waste wastes will be sorted for its different components. Biodegradable waste will be composted .Other waste will be kept in sealed bins located in the back house prior being carted away by licensed companies .Measures for waste management to be implemented are as follows : Sort out wastes at source (glass, paper, biodegradable substances ,metals, cans Compost garden green waste and kitchen waste Provide special bin for disposal of batteries ,cartridges ,bulbs etc (EIA report Tamarin Medine Ltd ,2009) 2.9.8 Environment and Health Waste is unsightly and malodourous, polluting land, air and water, clogging drainage systems, posing serious public health risks, and restricting potential land use The burning of garbage releases smoke and hazardous substances. Leachate from the waste can contaminate soil, surface water and groundwater. Mosquitoes that can carry dengue fever as last year this disease recur. Mosquitoes breed in fresh water from accumulated rainfall in cans and bottles .Disease vectors such as mosquitoes, flies, cockroaches and rodents thrive on solid waste Workers often do not use safety equipment such as facemasks, ear plugs, gloves and proper footwear, and there is a need for education about health and safety issues 2.9.9. Economic Waste recycling can reduce waste disposal costs for local authorities by extending the life of landfills, reducing the need to invest in transport vehicles and equipment, reducing vehicle operation and maintenance costs, and reducing fuel consumption for transporting waste Businesses are provided with cheap raw materials. In Mauritius some hotels are used recycle materials such as the plates make of glasses ,chairs, kitchen waste use for composting and used for gardening .Thus the use of recycled materials reduces the need to import raw materials, meaning that less money is spent on foreign currency. RESEARCH METHODOLOY 3.1 Research Methods Information was gathered using a variety of methods to gain a better understanding of the situation, issues, perspectives and priorities. The primary data will be obtained by applying the following methods namely Interviews , Site Visit for Observations ,Email of Survey Questionnaires to the selected Hotel The secondary data will be obtained by reviewing the literature obtaining from the goggle scholar ,University of Mauritius Library Search ,Publications ,,Magazine Articles and Resent News .Some information will also be obtained from the www.lexpress.mu -Newspaper LExpress 3.2 Document and Literature Review Literature concerning solid waste management in hotel industry was reviewed. Documents were collected from various sources such as universities, industry associations, foreign agencies, government institutions ,AHRIM ,Books ,Magazine Articles ,Publications ,Present News ,research scholar using goggle and statistic office ,Ministry of Environment and National Development Unit ,Ministry Of Local Government ,Solid Waste Unit 3.3Interviews Interviews will be conducted with the Small ,Medium and Large Hotels , To learn about the Hotel Solid Waste Management (HSWM) program, I will interview staff mainly the Maintenance Manager ,Quality Assurance Manager , Health and Safety Officer ,the Head of Restaurant ,Chef Cook ,Food and Beverage Manager ,Executive Housekeeper from those selected hotel Successive conversations with the staffs will be helpful for gaining a better understanding of the issues that emerged. An initial set of questions will be prepared as per our Survey Questionnaire Appendix I in advance and additional questions were asked as the interviews will be conducted. This site visit interview will be appropriate for our mini project According to Tourism Welfare Fund Authority and AHRIM the following hotels are classified as HOTEL SIZE ROOM RANGE NO OF HOTELS FROM LIST SAMPLE SIZE SMALL 1-50 61 61 MEDIUM 50 100 34 61 LARGE >100 38<

Child Abuse and Neglect :: Violence Against Children

Outline Thesis: What is Child Abuse and what are it’s effects on the child and his/her family? I. Introduction II. Different types of child abuse A. Physical Abuse B. Sexual Abuse C. Incest D. Exploitation III. Neglect A. Physical Neglect B. Educational Neglect C. Emotional Neglect D. Moral Neglect IV. Sexual Abuse A. Exhibitionism B. Sexual Acts V. Incest A. Sexual acts between relatives B. Victim statistics VI. Child Pornography A. Boomed in the 70's B. Abused passed on through generations VII. Where abused children are found A. All neighborhoods B. Low income families IX. Abuse Laws A. Laws in all states B. Abuse statistics X. Conclusion What is Child Abuse? By definition, child abuse is the deliberate and willful injury of a child by a caretaker hitting, beating with an object, slamming against a wall, even killing. It involves active, hostile, aggressive treatment. The key word in the definition of child abuse is deliberate. Why would anyone physically harm a child? The physical destruction of a child is the extreme reaction of parents to the stress of having children. Most people are not aware of the fact that deliberately hitting a child is considered a felony in all fifty states. Abuse of children is more common than most people realize. At least one out of five adult women and one out of every ten adult men report having been abused in childhood. Recognizing child abuse in its several forms is a twentieth century phenomenon. Child abuse is also more likely to be recognized in economically developed countries than in other parts of the world. Children have been beaten and abandoned for centuries, based primarily on the belief that children are the property of their parents. By educating yourself and your children about abuse, you can help prevent it from happening to your children and better cope with it if it does. (Child 6) There are four different forms of child abuse. They are physical abuse (child beating and neglect), sexual abuse, incest, and exploitation (such as child pornography). Physical abuse occurs when a caretaker deliberately beats the child. Some examples of 2 physical abuse include burning with a cigarette, striking a child, and scalding with hot water. According to social agencies, beatings of children have been multiplying over the past twenty-five years or so. The increasing number of reports could mean that in recent years, social workers, health professionals, and other experts have become better able to recognize cases of mistreatment. Child Abuse and Neglect :: Violence Against Children Outline Thesis: What is Child Abuse and what are it’s effects on the child and his/her family? I. Introduction II. Different types of child abuse A. Physical Abuse B. Sexual Abuse C. Incest D. Exploitation III. Neglect A. Physical Neglect B. Educational Neglect C. Emotional Neglect D. Moral Neglect IV. Sexual Abuse A. Exhibitionism B. Sexual Acts V. Incest A. Sexual acts between relatives B. Victim statistics VI. Child Pornography A. Boomed in the 70's B. Abused passed on through generations VII. Where abused children are found A. All neighborhoods B. Low income families IX. Abuse Laws A. Laws in all states B. Abuse statistics X. Conclusion What is Child Abuse? By definition, child abuse is the deliberate and willful injury of a child by a caretaker hitting, beating with an object, slamming against a wall, even killing. It involves active, hostile, aggressive treatment. The key word in the definition of child abuse is deliberate. Why would anyone physically harm a child? The physical destruction of a child is the extreme reaction of parents to the stress of having children. Most people are not aware of the fact that deliberately hitting a child is considered a felony in all fifty states. Abuse of children is more common than most people realize. At least one out of five adult women and one out of every ten adult men report having been abused in childhood. Recognizing child abuse in its several forms is a twentieth century phenomenon. Child abuse is also more likely to be recognized in economically developed countries than in other parts of the world. Children have been beaten and abandoned for centuries, based primarily on the belief that children are the property of their parents. By educating yourself and your children about abuse, you can help prevent it from happening to your children and better cope with it if it does. (Child 6) There are four different forms of child abuse. They are physical abuse (child beating and neglect), sexual abuse, incest, and exploitation (such as child pornography). Physical abuse occurs when a caretaker deliberately beats the child. Some examples of 2 physical abuse include burning with a cigarette, striking a child, and scalding with hot water. According to social agencies, beatings of children have been multiplying over the past twenty-five years or so. The increasing number of reports could mean that in recent years, social workers, health professionals, and other experts have become better able to recognize cases of mistreatment.

The Origin of Money

The use of money began in the sixth century B.C. in what is now western Turkey, when lumps of gold found in rivers were melted and turned into pieces of uniform size imprinted with a stamp. For almost all of the time since then, the common monetary system has been commodity money, whereby a valuable commodity (typically a metal) is used as a widely accepted medium of exchange. Furthermore, the quantity of money was not under anyone†s control; private agents, following price incentives, took actions that determined the money supply. Today, the prevalent monetary system is that of fiat money, in which the medium of exchange consists of unbacked government liabilities, which are claims to nothing at all. Moreover, governments have usually established a monopoly on the provision of fiat money, and control, or potentially control, its quantity. Fiat money is a very recent development in monetary history; it has only been in use for a few decades at most. Why did this evolution from commodity money to fiat money take place? Is fiat money better suited to the modern economy or was it desirable but impractical in earlier times? Were there forces that naturally and inevitably led to the present system? Fiat money did not appear spontaneously, since government plays a central role in the management of fiat currency. How did govern-ments learn about the possibility and desirability of a fiat currency? Did monetary theorizing play any role in this evolution? In this article, I will argue that the evolution from commodity to fiat money was the result of a long process of evolution and learning. Commodity money systems have certain advantages, in particular in providing a natural anchor for the price level. But they also have certain disadvantages, manifested in particular in the difficulty of providing multiple denominations concurrently. These problems arose early on, in the fourteenth century, in the form of money shortages. Societies tried to overcome these disadvantages, and this led them progressively closer to fiat money, not only in terms of the actual value of the object used as currency, but also in terms of the theoretical understanding of what fiat money is and how to manage it properly. In the process, societies came to envisage the use of coins that were worth less than their market value to replace the smaller denominations that were often in short supply. These coins are very similar to bank notes; they are printed on base metal, rather than paper, but the economics behind their value is the same. What governments learned over time about the provision of small change is thus directly applicable to our modern system of currency. In his A Program for Monetary Stability (1960), Milton Friedman begins with the question: Why should government intervene in monetary and banking questions? He answers by providing a quick history of money, which he describes as a process inevitably leading to a system of fiat money monopolized by the government (p. 8): These, then, are the features of money that justify government intervention: the resource cost of a pure commodity currency and hence its tendency to become partly fiduciary; the peculiar difficulty of enforcing contracts involving promises to pay that serve as medium of exchange and of preventing fraud in respect to them; the technical monopoly character of a pure fiduciary currency which makes essential the setting of some external limit on its amount; and finally, the pervasive character of money which means that the issuance of money has important effect on parties other than those directly involved and gives special importance to the preceding features. †¦ The central tasks for government are also clear: to set an external limit to the amount of money and to prevent counterfeiting, broadly conceived. This article will find much to validate this view. It turns out that the problem of counter-feiting, identified as central by Friedman, provided obstacles that were overcome only when the appropriate technology became available. As technology changed and offered the possibility of implementing a form of fiduciary currency, various incomplete forms of currency systems were tried, with significant effects on the price level. These experiments led to the recognition that quantity limitation was crucial to maintaining the value of the currency. The need for a government monopoly, however, does not emerge from our reading of the historical record, and we will see that the private sector also came up with its own solutions to the problem of small change, thereby presenting alternatives to the monetary arrangements we have adopted.1 Among the desirable features of a monetary system, price stability has long been a priority, as far back as Aristotle†s discussion of money in Ethics. In the words of the seventeenth century Italian monetary theorist Gasparo Antonio Tesauro (1609), money must be â€Å"the measure of all things† (rerum omnium mensura) (p. 633). Aristotle also noted that commodity money, specifically money made of precious metals, was well suited to reach that goal: â€Å"Money, it is true, is liable to the same fluctuation of demand as other commodities, for its purchasing power varies at different times; but it tends to be comparatively constant† (Aristotle, Ethics, 1943 translation). The commodity money system delivers a nominal anchor for the price level. The mechanism by which this takes place can be described in the context of a profit-maximizing mint, which was how coins were produced in the Middle Ages and later.2 Suppose there is a way to convert goods into silver and silver into goods at a constant cost (in ounces of silver per unit of goods), which can be thought of as either the extraction cost of silver and the industrial uses of the metal or the â€Å"world price† of silver in a small country interpretation. Silver is turned into coins by the mint; the mint (which really represents the private sector) also decides when to melt down existing coins. The government†s role is limited to two actions. It specifies how much silver goes into a coin, and it collects a seigniorage tax 3 on all new minting. When the mint is minting new coins, its costs are the cost of the silver content, the seigniorage tax, and the production cost;4 its revenues are the market value of the coins, which is the inverse of the price level. Similarly, when the mint is melting down coins, its costs are the market value of the coins, and its revenues are the value of the silver contained in them. Whether the mint will produce new coins or melt down existing coins will thus depend on how the price level relates to the parameters: silver content of the coins, production costs, and seigniorage rate. The price level cannot be too low (or the purchasing power of the coins too high) or the mint could make unbounded profits by minting new coins and spending them. Similarly, the price level cannot be too high (or the purchasing power of the coins too low), or the mint would make profits by melting down the coins. The absence of arbitrage for the mint places restrictions on the price level, which is contained in an interval determined by the minting point and the melting point

Cause and effect: gambling Essay

Throughout life we take chances with many different things. We take chances for ourselves, and we take chances for others close to us. Chances are things which will give you so much good in your life if you go for the right things and succeed when taking the chance. As is everything in this life taking chances are all and only good within moderation. When you take yourself to an abusive level with anything it becomes dangerous for you and all who surround you. An unsuccessful gambler may carry the same attributes of a very greedy person. A greedy person is someone who always wants more, and in essence a person gambling is looking to get more then they have. Gambling is considered to be addictive for many people, and depending on the degree of your addiction it can affect your life in more places then just your wallet. People engage in gambling through its ever-present incentive. The incentive in gambling is most commonly a financial reward, but it may also be many other different things. The mind of a person is hopefully set to learn from mistakes, and this is the mindset of many gamblers, these are successful gamblers. The reason they are successful is because they are able to establish what the problem was in their loss. After establishing their problem they learn to not repeat their fault. Next, when the mind set of a person is not gauged to learn from their mistakes, but only learn through extreme measures is when gambling becomes a larger problem. A gambler can be successful and not greedy, but a bad gambler is made through greed. If the gambler does not want to lose anymore or accepts his winnings they become unsuccessful. Greed is one of the seven deadliest sins, andn it is so fitting indeed. When a good gambler suffers from losing he or she turns around and puts their loss aside and does not let it intertwine with any aspect of their life other then gambling. When an inexperienced or unsuccessful gambler loses, the loss effects more then just the gambling aspect of their life. The unsuccessful gambler will turn to things of more negativity. The reason the gambler turns to these things is to ease their mind and hide their feelings. This way of coping with losing could ultimately result into hurting financially, as well as emotionally, and even physically. The first problem the gambler will face will be financial loss. The first thing to go in gambling is your wallet, and unfortunately one of the most commonly related problems to depression is debt. Losing money will affect the mindset of the gambler causing possible depression. This is when the problem reaches the emotional aspect it may take. The chain of events continues from depression on ward to abuse among substances, most commonly drugs and alcohol. Drugs and alcohol are substances made to relax the mind and take them away from the reality of things. The reality of the situation is that all drugs and alcohol will do is further affect the gambler financially as well as emotionally, and physically. When abuse of alcohol and drugs is brought to the home life of someone all it brings is deceit and ultimately pain. If the gambler has a family life the habits of drugs and alcohol will be tried to be concealed by the user to not hurt anyone else, and ultimately the truth surfaces taking an even bigger toll on the gambler. The abuse of alcohol and drugs is also closely related to physical abuse. Being intoxicated on drugs and alcohol can in fact lead to abusing close friends or family. It is most likely never said, but gambling can lead a person to rehabilitation. It is somewhat ironic that a hobby usually carried by wealthy, or well off people with strong mentalities can lead to complete collapse and weakness. This chain of events the gambler goes through can have almost a ruining effect on their life. Gambling is caused by the mentality of a risk taker or someone who enjoys taking chances wanting more then they have. Taking chances is not a bad thing by any means. It only becomes bad when it is abused. The effects of abusing gambling are never ending. Abusing gambling can lead to many extremes of negativity. It is up to the mind of the gambler to know when it is time to stop, or if it is not risking too much by continuing on.

Composer Artist Paper essays

Composer Artist Paper essays The baroque period was characterized by a heroic, dramatic and emotional theme. With well know names like Rembrant, Bach, Pennini, Caravaggio, Bernini, Tintoretto, Velasques, Poussin, Handel, and Rubens, the period produced many popular pieces of music and art. The art of the period was filled with movement, light versus shadow, and the use of the whole surface. The composers incorporated new ideas into their music such as different major and minor scales, the use of the violin, a regular rhythm, a melody that was hard to sing to, terrace dynamics, the basso continuo, and instrumental music was now considered as good as vocal music. The baroque period was an important piece of history in the shaping of the music and art world. George Frideric Handel was a composer of amazing talents and abilities. Although in todays society he is not as well known as Bach, his work was kept in high regards by the people of the time. Both Handel and Bach were born in 1685 about a month apart, and together the world was stunned by the masterpieces created by these great minds. Handel, being born on February 23, in Halle, Germany, was not from a musical family. As a child he was introduced to the harpsichord by his aunt, and soon after he began to practice the art that he loved. His father showed no interest in Handels music and disowned him saying, " Then let him be a clown, a tightrope walker, a minstrel or a bear trainer!" On a business trip, Handel accompanied his father to the city of Weissenfels, where he happened to slip away into the town church, and began to play an improvised rendition of the postlude to the service. After seeing the remarkable talent of the young boy, the duke of the church persuaded Han dels father that "...to ignore this talent would be a sin against God."2 Handel began his lesson with Duke Zackow soon after, being instructed in the playing of the organ, the harpsichord, and the violin. At t...

The Education System is Ineffectual at Educating Gifted Children

The Education System is Ineffectual at Educating Gifted Children Free Online Research Papers According to the NAGC it is estimated that only 3% 7% of the student population is gifted. But how we take advantage of these children’s abilities? As we already know education is a major factor which shapes and enhances the abilities of children. But what happens when the educational system is ineffectual and unable to develop and take advantage of the unique abilities of children with special and superior skills? More children have left the university or college because they were bored or they didn’t get the most from school. They didn’t face the challenge that they expected to and their intelligence was wasted. (NAGC) My primary argument is that gifted children have special needs and to deny those needs is to waste their potential. Gifted children bored by their classes, totally unchanged, leave the college as a result of a terrible loss of brainpower. A major example is the case of Bill Gates. He was bored in his class as a result of the age of 22 he left Harvard College with a view to create the Microsoft Corporation. Too few of these children are being discovered and this represents an outrageous loss of superior capabilities. Gifted children process information more quickly and read more aridly, they group mathematical or scientific concepts highly and they have creative and flexible thinking. Putting them in a class with children having an average IQ will lead to many problems. They will get bored with routine tasks, they will resist changing away from interesting topics of activities, they will disagree vocally with others and argue with teachers, they will depressed, they will be non confor ming, stubborn, they will reject an authority and they will ignore details turning in a mess work. Imagine a class in which the teacher solves a linear equation on the blackboard while the gifted child analyzes Einstein’s theory of relativity in his notebook. In order to create a high quality education system and the best possible satisfaction of student’s needs, there must be a balance in the classroom which means that normal and gifted students must be educated separately. Only in this way the instructor can focus on the unique needs of each category and satisfy at the highest level student’s needs. We must not accept from a gifted student to adapt to a program with normal children and a student with a moderate IQ to adapt to a class of gifted children. That is impossible and the consequences will be chaos and degradation of the quality of the educational program. (http://en.wikipedia.org/wiki/Gifted_children) Many teachers have suggested raising the bar for all. It’s not a solution to raise the bar for all students, expecting the average to attain a higher rattler than enhance the abilities of the brightest and accepting mediocrity from the rest. Most of the schools or colleges are not sufficiently individualized or flexible to allow modification in structure and organization. Most schools and universities seek to develop skills that allow participation in society, not the recreation of that society. They want to create people who will contribute to the improvement of the society. The key to this problem is gifted education which will serve intellectual needs that would otherwise go wasted. Only through a challenging gifted education we can promote the development of these children’s capacity. Those who are gifted need additional support in order to reach their potential. When the needs of the gifted are considered and the educational system or program is designed to meet these needs, these students make significant in achievement. When given the opportunity gifted students can use their vast amount of knowledge to serve as a background for unlimited learning.(http://nagc.org/index.aspx?id=548) To further develop my argumentation I believe that is critical to take into consideration that there are multiple intelligences. According to Howard theory â€Å"there are seven different ways to demonstrate intellectual ability? Visual /Spatial: The ability to perceive the visual. Verbal/Linguistic: The ability to use word and language. Logical/Mathematical: The ability to use reason, logic and numbers. Bodily/Rhythmic: The ability to produce and appreciate music. Interpersonal: The ability to relate and understand others. Intrapersonal: the ability to self-reflect and aware of one’s state of being. This theory was first developed in 1985, and it is worth while to point out that we have to make a step further and realize that we must not persist in the view that a child is either intelligent or not. People posses a set of intelligences and this can help us to understand which are the needs of each student and in what ways we can develop them. We take a more specific picture of child’s giftedness. Also this theory is another proof of why a class shouldn’t contain a mix of different student and that gifted students be educate separately according to their gifts. To continue with my argumentation in order to pursue you for gifted children I have to mention that in 1942 psychologist Leta Hollingwath conducted one of the first systematic studies of gifted children in the United States and found a distinct tendency among them to hide intelligence in order to avoid ridicule refection from peers. From this we could point out that when gifted students are in the same class with normal children it is possible to be created discrimination which either springs from jealously or envy. It is in human nature to reject whatever is different from us. There is the need of these children to find other children with similar ability and interests. It would be useful to consider that is unacceptable the fact that gifted children may minimize their talents in order to protect their feelings. However, hiding their talents to feel with peers is not the only negative effect. Isolation from their peers, depression and high levels are also negative results of being i n the same class with normal children. We have to reject the myth that gifted children are better adjusted, more popular and happier than average children. No matter how brilliant, human are still social creatures who absolutely require connections to the other people and in this case gifted children should be educated with children with the same intelligence and abilities. We don’t have the right to prevent those children from cultivating their abilities. We have to create an environment suitable for them and allow communication among gifted children. (http://nagc.org/index.aspx?id=548) Many people may say: Why we have to devote our time with a limit percentage of our population? Are they better? My reply to these people is a phrase that Thomas Jefferson once said: â€Å"There is nothing more unequal than the equal treatment of unequal†. Gifted people are not better; they are different and because of this they face different issues. All students in our schools including those who are gifted deserve the best education that is capable of providing. All political systems and social are based on democratic principles and the schools as well the universities as an extension of those principles must provide an equal educational opportunity to learn to their fullest potential. We are obliged to give gifted students the opportunity to learn at their level of educational development. It is undemocratic to deny gifted children of the right of appropriate educational development. Each person has the right to learn and to be provided challenges for learning at the most appropriate level growth proceeds most effectively. We have to consider that gifted people have a critical role to play whether it is to find a cure to a fatal disease or to face the economic challenges posed by stiff global competition. The excellence of these people has produced men kind’s greatest achievements. The society needs leaders innovators, highly functioning persons who will lead us to a more satisfying, fulfilling future. To further up my argumentation I have another important reason why a center of gifted children must be opened. The two last decades the money that spent for gifted children are less than the money which spent for schools for students with disabilities. of course I don’t mention that because I have something with these kids but you have to knw that these kids are represent the same percentage of our population as the gifted children. Since we live in a democratic country it is unfair spending nine times as much money for the same percentage of the student population(www.stanford.edu/~davidf/wastegenius.htm) To conclude my argumentation, I would like to remind you that gifted children have special and this indicates the need for unique, separate education. Those students need a more challenging educational programs as well as special trained instructors who will fully advance their abilities. These students need time peers, children with the same abilities and interests, not people who would reject them because of their uniqueness. In this way we can improve the society creating a better future for us and our children. Whatever your opinions are, whatever your thoughts are, don’t forget these words: There is nothing more equal than the equal treatment for the equals. Research Papers on The Education System is Ineffectual at Educating Gifted ChildrenStandardized TestingEffects of Television Violence on ChildrenInfluences of Socio-Economic Status of Married MalesHip-Hop is ArtComparison: Letter from Birmingham and CritoBionic Assembly System: A New Concept of SelfResearch Process Part OneRelationship between Media Coverage and Social andOpen Architechture a white paperThe Project Managment Office System

An Overview of Enterprise Resource Planning

Enterprise Resources Planning (ERP) systems are software packages that can be used for the core systems necessary to support enterprise systems. The best-selling ERP is SAP Such ERP modules consist of Sales and Distribution, Material Managements, Financial Accounting, and Controlling and Profitability Analysis. In the words of Rockford Consulting (and many other firms), the single issue of ERP is failure to implement it. There are five known ways of how to constitute: not making the promised return on investment, extending the implementation schedule and start-up date inordinately, going over budget by unconscionable variances, grinding the organization to a crawl pace, or the severest of all consequences, and ceasing production and/or not delivering orders to your customers. Rockford has twelve â€Å"cardinal sins† regarding ERP Implementation: Lack of Top Management Commitment: Inadequate Requirements Definition; Poor Package Selection; Inadequate Resources; Resistance to Change/Lack of Buy-in; miscalculation of Time and Effort; Misfit of Application Software with Business Processes; Unrealistic Expectation of Benefits and ROI; Inadequate Training and Education; Poor Project Design and Management; Poor Communications; and Ill-advised Cost Cutting. Today, companies define success when it comes to an ERP implementation or upgrade. This is mostly due to well how they have planned for contingencies, set up reasonable expectations, and created lines of communication between the CEO, front-line users, and everyone else in between. For example, Au Bon Pain (a chain of restaurants) used to utilize â€Å"legacy systems† and â€Å"SAT ERP†, but currently uses a unified IT platform that provides such things as optimized performance, enhanced visibility with real-time data capture, Increased productivity, and accelerated financial closings. The environments in which IT professionals are striving on projects (similar to the one at Au Bon Pain) is disconcerting: Most businesses today are â€Å"oversoftwared†, in that many users are frustrated by applications’ poor performances, and return on software investments is almost always forgotten. This results in many CFOs and CEOs arriving at a state of general ambivalence toward ERP systems, or (as a worst-case scenario) an accrued and outward hatred of software overhauls. Like all things, ERP has its failures as well. Even after so many people love a substantial amount of money, there are substantial benefits. Commercial ERP software promises the seamless integration and consistency of all the information flows in an organization; financial and accounting, human resources, purchasing and supply chain, customer tracking and order placement, inventory management, and even production management. The promised savings in paperwork and man hours from automated processes is prodigious, not to mention the increased service quality provided to customers. In addition, there’s inventory reduction, supply chain cost efficiencies, and better decision support at every level. Most companies treat ERP implementation as a large scale IT project. But the scope and impact of an ERP implementation on the business is so great that the project is required to be considered as a business initiative with an IT component. This includes the development of a business plan for the project, which specifies the â€Å"market† or â€Å"business advantages† to be gained from implementing the ERP plan. The decision to implement ERP should be in response to specific business needs or objectives. Rather than just saying â€Å"yes, we want all those possible benefits†, the organization should focus on a limited set of business benefits to be gained from the ERP implementation. Once identified, these business needs would form the basis for much of the planning and management of the ERP project. If there are no compelling business needs that can be identified, then the ERP project is doomed to fail as a result of a lack of focus and the necessary management tools. The many companies that gain the most benefit from their implemented ERP systems are those that start by looking at them in strategic and organizational terms. The most (if not the best) fundamental reason for implementing ERP is to provide some competitive advantage, whether it be lower costs, faster response to market events, or better customer service. Nonetheless, these benefits can often be offset, by the impact the organization’s ERP system will have on its current business strategies and competitive advantages. Even after looking over articles by CIO, Rockford Consulting, and even CFO, I have no opinion about ERP. It has its successes and it has its failures. Whether or not to implement ERP in any particular company, I suppose it would be OK, only as long as the company is certain that it’s for the best for its management, its staff, and its regular customers; it would also be allowed as long as the company doesn’t go over the budget.

UKs Economy Essay Example | Topics and Well Written Essays - 1500 words

UKs Economy - Essay Example Services, particularly banking, insurance, and business services, account by far for the largest proportion of GDP while industry continues to decline in importance. Since emerging from recession in 1992, Britain's economy has enjoyed the longest period of expansion on record; growth has remained in the 2-3% range since 2004, outpacing most of Europe. The majority of the companies where held by the government till 1940's. However, at present there is a widespread privatization of formerly government owned companies. Many leading companies are owned by or in the process of bidding for the foreign owners. For instances, Jaguar's acquisition by TATA Motors and BMW selling off Rover. Some of these owners are themselves in public sector or are only must going through privatization process. The crisis in US property market has prompted global banks to rein in lending, leading to fears of a sharp global slowdown. (Fleming 2007). (Cubbin). There are some acceptable rescue strategies that are used for rescuing corporate organisations. "Many of these strategies require internal changes, which may impact on the following areas:" (Arrangements: Working Towards a Common Goal). Pricing policy: The pricing of products of a company even if it is healthy is of great importance. The pricing of a product will be dependent on many factors like, competition for the product, its exclusivity, consumer perception etc. A company that is in financial trouble can take a look at its pricing policy and try to increase revenues though increased sales. The first thing that could be done is to see whether the products can be priced higher than it is currently priced. If, after due analysis and if found feasible, increased product pricing can help to increase the cash flow of a company in trouble. Another strategy that could be followed is use menu-pricing. This is the practice of assessing the standard price of a product and then add or lessen related services that are associated with the product. In this way the pricing of the product can be fixed so that it will be different from the price of a competing product. "Top pricing performers use menu-pricing--setting a price f or a standard service and then offering a range of service levels that raise or lower that price--differently than their less successful peers, and more often. This approach makes it possible for companies to charge customers more accurately for the cost of serving them." (Alldredge, Griffin and Kotcher, 2003). Increasing the price range of products may also be of help. Cash Management: Managing scarce resources in times of need are very important in any situation. A company in financial trouble may find itself starved of liquid assets, especially cash. A thorough understanding of the cash flow of the company should be made. From this it will be clear as to where the problem in cash flow exists. For example, it could be that debtors are not paying what is due to the company. Addressing this problem and trying to find a way out will be of great help in situations like this. Manufacturing process: A modification or restructuring of an inefficient manufacturing process can help in rescuing the company. If is a service sector company, its service process could be revamped. Staff:

Watching TV Makes You Smarter Essay Example | Topics and Well Written Essays - 750 words

Watching TV Makes You Smarter - Essay Example While Johnson makes several relevant points about the new TV shows, there is also missing information about the concept of TV allowing children and adults to be smarter. Even though TV may have new and different focal points, the mass media and popular culture is still focused on aspects of dumbing down society. Johnson’s main ideology is one based off the opinion of TV providing a smarter outlook through various programs; however, there is not significant information or definitions on intelligence and the effects that TV has. The main thesis of Johnson’s article is based on the concept of TV and programs which children and adults watch. Johnson believes that, despite the popular analysis of TV that states that programs lead to higher levels of violence and a lack of intelligence, TV is actually helping to provide children and adults with higher levels of intelligence. Johnson believes that this is coming from ideas of approaching difficult situations and questioning how to make right decisions that are attributed to TV. For instance, looking at perspectives of women who have to face an unwanted pregnancy, individuals who are placed in violent or compromising situations, are relevant to turning toward the correct moral decisions. Johnson states â€Å"There may indeed be more negative messages in the mediasphere today. But that’s not the only way to evaluate whether television shows or video games are having a positive impact. Just as important – is the kind of thinking you have to do † (Johnson, 3). The relation to this is based on morality as well as intelligence within the pop culture and TV. The concept of morality and thinking about issues then relates to intelligence that Johnson believes occurs on several levels. There are several statements about concepts such as newer technologies, intricate plot lines and the associations with

Quastions ch 3 Essay Example | Topics and Well Written Essays - 500 words

Quastions ch 3 - Essay Example ndispensable to fathom those political philosophies besides influencing economic, and social activities may contribute to stable practices internationally and locally. Contemporary profile trends of political systems involves democracy and totalitarianism. Totalitarianism constitutes non-democratic government political spectrum with issues such as dictatorship, communist, fascist, and authority. Democratic government profile remains reactionary, liberal, radical, and conservative. Other profile trends in political systems revolves around engines of democracy and third wave of democracy issues. Third wave democracy issues and engines of democracy constitute the modern trends in contemporary political systems. Third wave democracy relates to the main surge of democracy in history. The surge results from vast international push towards democracy in the 21st century. Engines of democracy constitute developments that drives success of modern political systems including improved communications technology and failure of totalitarian regimes in delivering economic progress. Another engine of democracy for contemporary political trends includes economic dividends of increasing political freedom. Political risks entail perils faced by corporations, investors, and governments during economic relations. The risks also involve political decisions or events within a nation that may adversely affect sustainability or profitability of investments. Management of political risks consists of a three-step process that includes identification of fundamental perils, measuring political influence on performance, and determination of the appropriate method of managing the risks. Identification involves risk managers scanning horizons for political risks and developing inventory of specific risks types. The next step involves assessment and quantification of potential impacts of political risks. Quantification may involve the use of discounted cash flow method to estimate financial

Private Search and Seizure and the Fourth Amendment Essay

Private Search and Seizure and the Fourth Amendment - Essay Example This discussion stresses that  the Fourth Amendment applies to police as they are state officers. Nevertheless, the â€Å"automobile exception† allows police to conduct any immediate search on a vehicle without seeking a warrant as it would take a lot of time to find a warrant and the vehicle may have moved away from the jurisdiction. Thus, the supervisor of Mr. Yourprop may direct the police officers to search the vehicle parked in the parking lot as there is probable cause that it may be carrying digital evidence of the company’s intellectual property. As much as the car is currently immobile, it is â€Å"ready to move† and thus subject to the automobile exception. In His interpretation of Chambers v. Maroney, Justice Stevens held that all immediate searches conducted on vehicles by police officers without a warrant were justified and not in violation of the Fourth Amendment as long as the police officers have probable cause to believe that the vehicle in que stion is carrying contraband.From this paper it is clear that  it may be carrying evidence of a criminal offense. This aspect of a reasonable expectation of privacy when it comes to vehicles is diluted by the regulation, use, and configuration of the vehicle. In the case Carroll v. United States, it was held by the Court that the expectation of privacy is lesser in motor vehicles due to their functions in transportation and it rarely serves as an individual’s personal effects’ repository or their residence.

Court case Essay Example | Topics and Well Written Essays - 500 words

Court case - Essay Example On 26th October 2010 the accused was arrested again and jailed on several charges, namely: Grand Larceny on the 2nd and 8th of June, breaking and entering with intent on 8th June, credit card theft on 22nd January and receipt of stolen property on 18th June. Pre-sentence report was ordered on 12th November. Evidence for the preceding charges was submitted on 14th December and a true bill was issued by the Grand Jury. A review of all the charges and the case was made on 21st December and a trial was scheduled for 22nd February 2011. The case was postponed again and set on 28th March. The judicial body deciding on the case was the County Circuit Court Criminal Division. The accused was facing 30 years for 7 counts of grand larceny, 2 counts of receipt of stolen property, 1 count of credit card theft and 1 count of breaking and entering with intent to commit other misdemeanors. On top of this, the accused was already serving probation for driving under influence. Accused was ordered to pay restitution in the amount of $29,328.15. Due to the number of evidence and witnesses, the accused plead guilty. Consequently, the sentence was reduced to 2 years and 8 months with supervised probation for 5 years succeeding release from prison. Because the accused had committed the same crime several times, it is the victims’ opinion that the offender did not deserve the plea bargain and subsequent reduction in prison term. Although I do not share the victims’ feeling of unfairness, I found a couple of things surprising. First is the offer for plea bargain. The accused committed seven (7) similar offenses in a span of six (6) months. Obviously, any feeling of remorse is doubtful as he seems to jump into one offense after another. Leniency in prison term does not seem to be appropriate. Secondly, I wonder about the chronological aspect of the arrests made. The first arrest was made for offenses on 15th March, 18th

Quastions ch 3 Essay Example | Topics and Well Written Essays - 500 words

Quastions ch 3 - Essay Example ndispensable to fathom those political philosophies besides influencing economic, and social activities may contribute to stable practices internationally and locally. Contemporary profile trends of political systems involves democracy and totalitarianism. Totalitarianism constitutes non-democratic government political spectrum with issues such as dictatorship, communist, fascist, and authority. Democratic government profile remains reactionary, liberal, radical, and conservative. Other profile trends in political systems revolves around engines of democracy and third wave of democracy issues. Third wave democracy issues and engines of democracy constitute the modern trends in contemporary political systems. Third wave democracy relates to the main surge of democracy in history. The surge results from vast international push towards democracy in the 21st century. Engines of democracy constitute developments that drives success of modern political systems including improved communications technology and failure of totalitarian regimes in delivering economic progress. Another engine of democracy for contemporary political trends includes economic dividends of increasing political freedom. Political risks entail perils faced by corporations, investors, and governments during economic relations. The risks also involve political decisions or events within a nation that may adversely affect sustainability or profitability of investments. Management of political risks consists of a three-step process that includes identification of fundamental perils, measuring political influence on performance, and determination of the appropriate method of managing the risks. Identification involves risk managers scanning horizons for political risks and developing inventory of specific risks types. The next step involves assessment and quantification of potential impacts of political risks. Quantification may involve the use of discounted cash flow method to estimate financial

Court case Essay Example | Topics and Well Written Essays - 500 words

Court case - Essay Example On 26th October 2010 the accused was arrested again and jailed on several charges, namely: Grand Larceny on the 2nd and 8th of June, breaking and entering with intent on 8th June, credit card theft on 22nd January and receipt of stolen property on 18th June. Pre-sentence report was ordered on 12th November. Evidence for the preceding charges was submitted on 14th December and a true bill was issued by the Grand Jury. A review of all the charges and the case was made on 21st December and a trial was scheduled for 22nd February 2011. The case was postponed again and set on 28th March. The judicial body deciding on the case was the County Circuit Court Criminal Division. The accused was facing 30 years for 7 counts of grand larceny, 2 counts of receipt of stolen property, 1 count of credit card theft and 1 count of breaking and entering with intent to commit other misdemeanors. On top of this, the accused was already serving probation for driving under influence. Accused was ordered to pay restitution in the amount of $29,328.15. Due to the number of evidence and witnesses, the accused plead guilty. Consequently, the sentence was reduced to 2 years and 8 months with supervised probation for 5 years succeeding release from prison. Because the accused had committed the same crime several times, it is the victims’ opinion that the offender did not deserve the plea bargain and subsequent reduction in prison term. Although I do not share the victims’ feeling of unfairness, I found a couple of things surprising. First is the offer for plea bargain. The accused committed seven (7) similar offenses in a span of six (6) months. Obviously, any feeling of remorse is doubtful as he seems to jump into one offense after another. Leniency in prison term does not seem to be appropriate. Secondly, I wonder about the chronological aspect of the arrests made. The first arrest was made for offenses on 15th March, 18th

Saving Private Ryan Film Essay Example for Free

Saving Private Ryan Film Essay War movies often rely on the visual to communicate the events and emotion of each scene. This works up to a point, but viewers cannot fully relive battle in this way. Background music and limited sound effects make war movies generic, predictable, and sometimes historically inaccurate. In contrast, Gary Rydstrom uses sound to communicate emotion and portray realistic battle scenes in a way that makes the viewers feel as though they are actually part of Saving Private Ryan. One unique aspect of this movie, as opposed to other war movies, is that there is no background music in the battle scenes. Music in movies tends to make viewers realize they are watching the movie, but without it, the experience is so much more authentic. The battle scenes are shot with a handheld camera, giving them a shaky and chaotic feel. Because of this, the viewer does not really get the chance to experience the full breadth of the battle through the shot. Humans experience sound at all angles, as opposed to the one angle at which we experience sight. The dynamic sound effects of the battle scenes can completely engulf the viewer, helping them to have the full experience of trauma. Rydstrom paid particularly close attention to certain sound effects in these battle scenes to help them be as historically correct as possible. A variety of gunshot noises appear in each battle scene, each one corresponding to a different weapon. Also, a variety of distinct shot- impact noises illustrate the scene. The sound of the bullet hitting the soldier’s helmet in the beginning of the first battle scene is the beginning of many more shot-impact sounds to come, each representing a probably fatal wound. These shot- impact sounds enhance the viewer’s emotional response to a scene. They are so crisp that every time someone is shot, the viewer cringes and feels overwhelmed just like the characters onscreen. The shellshock noise that Tom Hanks’ character experiences happens once in the first battle scene on the beach and once in the final battle scene at the bridge right before he dies. This internal sound allows the audience to experience the battles through the eyes of Captain Miler (Hanks) and shows that his character struggles emotionally and physically in handling the situation, a side of himself that he tries to hide from the soldiers under his command. This allows the viewer to sympathize with Miller and creates a more emotional atmosphere. When the Americans learn that the Germans outnumber them and have multiple tanks in the last battle scene, this feeling of suspense becomes heightened. What really makes this feeling so ominous is the sound of the tanks approaching and how they echo off of the buildings in the quiet final seconds before the fighting begins. This external sound against the lack of much ambient sound causes the audience to experience the same anticipation as the characters onscreen because neither knows when the fighting will ensue. Ambient noise plays a large role in the realness of Saving Private Ryan. In the scene where the rescue team is resting for the night, the audience hears thunder-like explosion noises behind the conversation, which represent the continuity of the war. In addition to all of this, Rydstrom uses sound to creatively transition from one scene to the next. In one scene where the group is walking, it starts to rain. The camera pans in on the raindrops falling, and gradually, the sound of a raindrop hitting a leaf transitions into the sound of firing guns, which catches the viewer off-guard.

Remedial and Institutional Constructive Trusts

Remedial and Institutional Constructive Trusts Title: The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p399. Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each approach. Discuss whether judges in England and Wales are likely to adopt the remedial system. INTRODUCTION A definition of a trust, reflected in case law, suggests that a person with responsibility for property has an obligation in accordance with principles of equity to exhibit beneficence[1] towards any beneficiaries, any of whom might enforce this obligation[2]. The concept of the constructive trust is not overwhelmingly supported, with Hayton categorising it â€Å"â€Å"a fiction which provides a useful remedy when no remedy is available in contract or in tort†[3]. A constructive trust may be either institutional or remedial, although only institutional constructive trusts are acceptable practice in the UK at the present time. According to Halsbury â€Å"the remedial constructive trust†¦is not in reality a trust at all, but merely a remedial mechanism by which equity gives relief for fraud’[4]. The distinction between constructive trusts raise a number of issues that are of particular relevance when considering whether the law in England and Wales is likely to adopt the remedial system. It must be noted, however, that, whilst the importance of both proprietary estoppel[5] and Pallant v Morgan[6] equity are acknowledged as relevant to a discussion on constructive trusts, their applications are specific. Accordingly, due to constraints on space, their inclusion in this particular essay have been omitted[7]. DISCUSSION Whilst law in other jurisdictions needs to resort to such measures as the remedial system, law in the UK currently relies on the Statutes of Limitation[8], within which remedial constructive trusts may be considered to be related to the Limitation Act 1980[9]. The specific distinction between legal and equitable ownership originated through the historical significance of common law and the law of equity, as established through the Courts of Chancery. It is readily acknowledged that a correlation exists between constructive trusts and the doctrine of equity, with effect from the date in which circumstances dictated a need for such intervention, a factor noted in Westdeutsche Bank[10] by Browne-Wilkinson, LJ who observed that â€Å"A remedial constructive trust†¦Ã¢â‚¬ ¦is a judicial remedy giving rise to an enforceable equitable obligation†¦Ã¢â‚¬ [11] Institutional Constructive Trust There have been a number of significant cases heard, where the courts have ruled that institutional constructive trusts will prevail[12]. An institutional constructive trust might be invoked in such cases as domestic disputes involving property, breaches within a fiduciary relationship, contracts relating to sales of land, and certain situations relating to commercial insolvency. Case law established ‘in law and in equity that land could be the subject of ownership’[13], with a further recognition that ‘the person owning either type of estate has a right of property’ according to Lord Browne-Wilkinson[14], established through statute in the Law of Property Act 1925. Freehold land, or land held in fee simple, relates to land held in trust to the Crown, with the owners being beneficiaries, or trustees, or land that is held in cestuis que trust which is revealed as an equitable estate. The requirement for a formal record of equitable entitlement to the transfer of land in accordance with the Law of Property Act 1925 53 (2)[15] reveals a situation inconsistent with the ethos of remedial trusts. Shares in property can be transferred from the owner of a property to bestow the gift of beneficial ownership on another person through the conveyancing procedure of legal transfer by deed according to the Law of Property Act 1925, section 52 (1). Conversely, where full consideration has not been paid when land is transferred an inference of fact would result, as clarified in Subsection 60(3) of the Law of Property Act 1925. Remedial Constructive Trusts Pascoe[16] notes an apparent lack of consensus as to whether remedial constructive trusts are based on an enforcement of proprietary rights or to avoid unconscionable conduct, but suggests it ‘is imposed by equity regardless of actual or presumed agreement or intention’[17] in order for the courts to implement a measure of restitution[18]. Certain situations require a remedy within the law that is particularly suitable for a specific set of circumstances. This is determined at the discretion of the court and is realised in the imposition of a remedial constructive trust, characterised by the particular facet that no trust existed prior to the intervention of the court. An interesting development in the definition attached to constructive trusts was suggested in Barnes v Addy[19] in which Lord Selborne, LC introduced the distinction between a duty owed by directors and duty owed by ‘non-fiduciary strangers’, referring to this concept as ‘the two limbs o f Barnes v Addy’. More recently this referent has been recognised as ‘recipient liability’[20] and ‘accessory liability’[21]. Various jurisdictions around the world acknowledge a distinct emphasis between institutional constructive trusts and remedial constructive trusts, based on the common law precepts of unjust enrichment. The constructive trust would then be recognised as a means of restitution[22], a remedy available for the courts to resort to when other methods of restitution are inappropriate. Often considered synonymous with remedial constructive trusts is the case of Polly Peck International plc (in admin) (No 2)[23]. Referring to additional rights of restitution that might be accorded the plaintiff in respect of legitimate rights to property the Court of Appeal in England made reference to the decision in the Supreme Court in Canada[24]. Different Jurisdictions Amongst the different jurisdictions who habitually utilise the remedial approach, Australia[25] generally adheres to a traditional approach characterised by a link between claimant and the property at dispute, whilst acknowledging the distinction between recipient and accessory[26] liabilities. Accordingly, remedies might be applied ‘in personam’ rather than ‘in rem’. According to Fardell and Fulton[27], the constructive trust has become an important remedy within the courts in New Zealand, fully utilising the concept of remedial constructive trusts in any situation in which a defendant might have prejudiced a plaintiff’s claim to equity as a matter of principle[28]. This particular application of the remedial system has been criticised by the judiciary in Australia as they perceive it represents â€Å"a medium for the indulgence of idiosyncratic notions of justice and fairness†[29]. However, at the New Zealand Court of Appeal Tipping, J concur red with the Australian opinion, although using different reasoning[30]. There have, however, been instances whereby a more controversial approach has been taken, often utilised in the US[31] although, on occasion, in other jurisdictions such as New Zealand in the case of Re Liggett[32] based, as it was, on the decision in the US case of Chase Manhattan Bank. Since then, however, both the Privy Council[33] and the House of Lords[34] have overruled that decision[35]. The law relating to constructive trusts has recently changed in Canada following the Supreme Court’s ruling in the cases of Soulos v. Korkontzilas[36]. Prior to this, such cases as Pettkus v Bekker[37], Sorochan v Sorochan[38] and Rosenfeldt v Olson[39] were the definitive referents in relation to remedies imposed by the courts to prevent the perpetuation of injustices within the specific categories associated with benefiting through unjust enrichment[40]. The Supreme Court focused on the ethos of ‘good conscience’ in their decision when ruling on Soulos v. Korkontzilas[41] . They decided that constructive trusts needed to be imposed to maintain certain standards[42], with four conditions introduced, each of which must present if a constructive trust was to be implemented[43]. Subsequently, these conditions have been applied to all cases relating to constructive trusts heard in Canada’s Supreme Court. CONCLUSION It has been suggested that every resulting trust is realised through the transfer of property in a situation where benefit to the recipient was not the intended option, the consequence of which is a presumption of resulting trust. This significance is recognised in the doctrine of equity in terms of recognition of the terms of endowment. In the UK it is in this particular situation that the inherent importance between constructive and resulting trusts lie. Furthermore, it is this particular situation in which other jurisdictions more often introduce the doctrine of remedial trusts. It appears to be accepted by the majority of commentators that, for a resulting trust to be formed, actual assets must be present in terms of identifiable property, the remedy of which may be found in common law. Despite Millett LJ being of the opinion that the remedial approach is unlikely to take root in England[44], it has been acknowledged in the Court of Appeal[45], the Privy Council[46] and in the House of Lords[47], in obiter dicta, that a possibility might exist for the future incorporation of remedial constructive trusts into UK legislation. This controversy has, by no means been resolved and, at some point will undoubtedly become incorporated into UK legislation, either in its present format, or modified to enable â€Å"†¦an aggrieved party to obtain restitution†[48] through the correlation that exists between constructive trusts and the doctrine of equity which is represented through the concept of morality and obligations, with â€Å"the benefit of an obligation [being] so treated that it has come to look rather like a true proprietary right†[49]. Total Word Count [excluding footnotes and bibliography]: 1,496 words BIBLIOGRAPHY BOOKS: Cope, M (1992): Constructive Trusts. Sweet and Maxwell Maitland, F W (1936): Equity. Cambridge: Cambridge University Press. Page 115 Underhill and Hayton (1995): Law of Trusts and Trustees [15th ed]. London: Butterworth: Page 1 Wilkie, Margaret; Luxton, Peter; and Malcolm, Rosalind (1998): Blackstone’s Land Law. London: Blackstone Press, Page 111 HALSBURY’S LAWS Available Online from: Butterworth’s Direct Search facilities. Access via Athens Gateway: http://www.butterworths.com/butterworths.asp Vol 16 (2000 Reissue) Para 1072 Vol 48 (2000 Reissue) Paras 401 – 403: former Court of Chancery Vol 48 (2000 Reissue) Para 501. Vol 48 (2000 Reissue) Para 592 ARTICLES: Austin, RP (1988): The Melting Down of the Remedial Trust. 11 NSWLJ 66. Available from: Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Bryan, M (1995): Cleaning up after Breaches of Fiduciary Duty – the Liability of Banks and other Financial Institutions as Constructive Trustees. In 7 Bond Law Review 67. Available in: Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Dodds, J (1988): The New Constructive Trust: An Analysis of its Nature and Scope. 16 MULR 482. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Fardell, R and Fulton, K (1991): Constructive Trusts-A New Era. NZJL: 90. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] Hayton, DJ (1985): Personal Accountability of Strangers as Constructive Trustees. 27 Malaya LR 313,314: Singapore Journal of Legal Studies. Access via ATHENS Gateway McKendrick, E (1994): Unascertained Goods: Ownership and Obligation Distinguished. 110 LQR 509 513 Millett LJ (1998): Restitution and Constructive Trusts 114 LQR p. 399 O’Connor, P (1996): Happy Partners or Strange Bedfellows: the Blending of Remedial and Institutional Features in the Evolving Constructive Trust 30 MULR 735. In Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] ONLINE RESOURCES Pascoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia. Available from: http://www.lbc.com.au/academic/ccl-ezine/pdf/vol8issue1_RemedialTrusts.pdf [Accessed 24th July 2005] TABLE OF CASES: Baden Delvaux and Lecuit v Societe Generale [1993] 1 WLR at 509, 575 Bannister v Bannister [1948] 2 All ER 133 Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372, CA Barnes v Addy (1874) LR 9 Ch App 244 Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] Chase Manhattan Bank NA v Israel British Bank (London) Ltd [1981] Ch 105 Cia de Seguros Imperio (a body corporate) v Heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) [2000] 2 All ER (Comm) 787; [2001] 1 WLR 112, CA Daly v The Sydney Stock Exchange Ltd (1986) 160 CLR 371 Fortex Group Ltd (In Rec and Liq) v MacIntoshes [1994] 3 WLR 199; [1998] 3 NZLR 171. Hussey v Palmer [1972] 3 All ER 70 (CA) Linter Group Ltd v Goldberg (1986) 160 CLR 371 Mabo v Queensland (No 2) [1992] 175 CLR 1, High Court of Australia Metall und Rohstoff AG v Donaldson Lufkin Jenrette Inc [1990] 1 QB 391 and [1989] 3 All ER 14 CA Muschinki v Dodds (1985) 160 CLR 583 at 614 Pallant v Morgan [1953] Ch 43, and [1952] 2 All ER 951 Paragon Finance plc v DB Thakerar Co (a firm) [1999] 1 All ER 400, CA Pettkus v Bekker [1980] 19 RFL (2d) 165 Polly Peck International plc (in admin) (No 2) [1998] 3 All ER 812 at 825-826 Re Goldcorp Exchange Ltd Re Goldcorp Exchange Ltd (in receivership) [1995] 1 AC 74; [1994] 3 WLR 199 and [1994] 2 All ER 606 PC Re Liggett v Kingston [1993] 1 NZLR 257 Re Polly Peck International plc (in administration) (No 2) [1998] 3 All ER 812, and [1998] 2 BCLC 185, CA Re Sharpe [1980] 1 WLR 219 Rosenfeldt v Olson 1 BCLR (2d) 108, [1986] 3 WWR 403, 25 DLR (4th) 472 (CA). Sorochan v Sorochan [1986] 2 SCR 39 Soulos v Korkontzilas [1997] S.C.J. No. 52 Taylor v Davies [1920] AC 636, PC Tinsley v Milligan [1993] 3 WLR 126; [ 1994] 1 A.C. 340, 371 Westdeutsche Landesbank Girozentrale v. Islington London BC [ 1994] 4 All E.R. 890, 962, CA.; varied [ 1996] 2 All E.R. 961, HL; [ 1996] 2 All E.R. 961, 990, H.L; [1996] AC 669 at 714-415 1 Footnotes [1] See Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] [2] This definition is paraphrased from Halsbury’s Laws, Vol. 48 (2000 Reissue) at para 501 who have based this definition on Underhill and Hayton ( ): Law of Trusts and Trustees [15th ed]: Page 1 [3] Hayton, DJ (1985) 27 Mal LR 313,314 [4] Halsbury’s Law, Vol 48 (2000 Reissue) Para 501 [5] Halsbury’s Laws, Vol 16 (Reissue) Para 1072 and Vol 48 at 592 [6] Pallant v Morgan [1953] Ch 43, and [1952] 2 All ER 951. Halsbury’s Laws, Vol 48 at 593 [7] Banner Homes Group plc v Luff Developments Ltd [2000] Ch 372, CA per Chadwick LJ: this case introduced the term Pallant v Morgan equity [8] In accordance with the former Court of Chancery, Halsbury’s Laws, Vol 48, Paras 401 – 403 ante [9] Halsbury’s Laws, Vol 48 (2000 Reissue) Para 501 cites a number of cases relating to this point: Halsbury quotes Taylor v Davies [1920] AC 636, PC; Paragon Finance plc v DB Thakerar Co (a firm) [1999] 1 All ER 400, CA; Cia de Seguros Imperio (a body corporate) v Heath (REBX) Ltd (formerly CE Heath Co (North America) Ltd) [2000] 2 All ER (Comm) 787, and [2001] 1 WLR 112, CA [10] Westdeutsche Bank Landesbank Gironsentrale v Islington London BC [1996] AC 669 at 714-415 per Lord Browne-Wilkinson [11] â€Å"Under an institutional constructive trust, the trust arises by operation of law as from the date of the circumstances which gave rise to it: the function of the court is to declare that such a trust has arisen in the past. The consequences that arise from such a trust having arisen (including the possibly unfair consequences to third parties who, in the interim, have received the trust property) are also determined by rules of law, not under discretion. A remedial constructive trust, as I understand it, is different. It is a judicial remedy giving rise to an enforceable equitable obligation: the extent to which it operates retrospectively to the prejudice of third parties lies in the discretion of the court†. Ibid, Note 9 [12] Bannister v Bannister [1948] 2 All ER 133, Re Sharpe [1980] 1 WLR 219 and Beatty v Guggenheim Exploration Co 225 NY 380 at 386 [1919] [13] Mabo v Queensland (No 2) [1992] per Deane and Gaudron JJ [14] Tinsley v Milligan (1994): â€Å"English law has one single law of property made up of legal and equitable interests† per Lord Browne-Wilkinson [15] Wilkie, Margaret; Luxton, Peter; and Malcolm, Rosalind (1998): Blackstone’s Land Law. London: Blackstone Press, Page 111 [16] Pascoe, Janine ( ): Remedial Constructive Trusts and Corporate Insolvency: An Australian Perspective. Senior Law Lecturer, Department of Business Law Taxation, Monash University, Australia. [17] Muschinki v Dodds (1985) 160 CLR 583 at 614 per Deane J. Also Cope, M (1992): Constructive Trusts [18] Pascoe quotes a number of references from Australian literature: O’Connor, P (1996): Happy Partners or Strange Bedfellows: the Blending of Remedial and Institutional Features in the Evolving Constructive Trust. 30 MULR 735; Also Bryan, M (1995): Cleaning up after Breaches of Fiduciary Duty – the Liability of Banks and other Financial Institutions as Constructive Trustees. 7 Bond Law Review 67; Also Austin, RP (1988): The Melting Down of the Remedial Trust. 11 NSWLJ 66; Also Dodds, J (1988): The New Constructive Trust: An Analysis of its Nature and Scope. 16 MULR 482. [19] Barnes v Addy (1874) LR 9 Ch App 244 [20] See Baden Delvaux and Lecuit v Societe Generale [1993] 1 WLR per Gibson, J at 509; 575 [21] Known as constructive trustees. This relates to a personal liability to an accessory to fraud [22] McKendrick, E (1994): Unascertained Goods: Ownership and Obligation Distinguished 110 LQR 509 [23] Polly Peck International plc (in admin) (No 2) [1998] 3 All ER 812 at 825-826 [24] See Soulos v Korkontzilas [1997] S.C.J. No. 52 [25] Pacoe, Janine: Remedial Constructive Trusts and Corporate Insolvency: an Australian Perspective. Department of Business Law Taxation, Monash University, Australia [26] LinterGroup Ltd v Goldberg (1986) 160 CLR 371: Constructive trustee was Linter Group as plaintiff. Goldberg Furst were directors of Arnsberg Pty Ltd who breached fiduciary duty. Southwell, J granted Linter Group priority over other creditors in terms of equitable claims and Daly v The Sydney Stock Exchange Ltd (1986) 160 CLR 371: this claim was rejected [27] Fardell, R and Fulton, K (1991): Constructive Trusts-A New Era. NZJL: 90 [28] See Fortex Group Ltd (In Rec and Liq) v MacIntoshes [1998] 3 NZLR 171. See also: Re Goldcorp Exchange Ltd [1994] 3 WLR 199 as it represents opposing characteristics [29] Muschinski v Dodds (1985) 160 CLR 583 per Deane J [30] â€Å"the plaintiffs must be able to point to something which can be said to make it unconscionable—contrary to good conscience—for the secured creditors to rely on their rights a law†Fortex Group Ltd (in rec liq) v MacIntosh [1994] 3 WLR 199 per Tipping, J [31] Chase Manhattan Bank NA v Israel British Bank (London) Ltd [1981] Ch 105 [32] Re Liggett v Kingston [1993] 1 NZLR 257 [33] Re Goldcorp Exchange Ltd [1994] 3 WLR 199 [34] Westdeutsche Landesbank Girocentrale v Islington Borough Council [1996] AC 669 [35] Constraints of space preclude a more detailed investigation of any of the cases [36] Soulos v. Korkontzilas [1997] S.C.J. No. 52 [37] [1980] 19 RFL (2d) 165 [38] [1986] 2 SCR 39 [39] 1 BCLR (2d) 108, [1986] 3 WWR 403, 25 DLR (4th) 472 (CA). [40] â€Å"absence of any juristic reason† [41] Soulos v. Korkontzilas [1997] S.C.J. No. 52 [42] â€Å"†¦a constructive trust may be imposed where good conscience so requires. I conclude that in Canada, under the broad umbrella of good conscience, constructive trusts are recognized both for wrongful acts like fraud and breach of duty of loyalty, as well as to remedy unjust enrichment and corresponding deprivation†: Soulos v. Korkontzilas [1997] S.C.J. No. 52, per Justice McLaughlin [43] Breach of an equitable obligation; assets still with defendant; plaintiff to present legitimate reason for recourse to courts; no third parties who might be unjustly penalised through a constructive trust [44] Millett LJ in Restitution and Constructive Trusts 1998 114 LQR p. 399 [45] Metall und Rohstoff AG v Donaldson Lufkin Jenrette Inc [1990] 1 QB 391 and [1989] 3 All ER 14 CA; Also Re Polly Peck International plc (in administration) (No 2) [1998] 3 All ER 812, and [1998] 2 BCLC 185, CA [46] Re Goldcorp Exchange Ltd (in receivership) [1995] 1 AC 74 and [1994] 2 All ER 606 PC [47] Westdeutsche Landesbank Gironzentrale v Islington London Borough Council [1996] AC 669, and [1996] 2 All ER 961, HL [48] Hussey v Palmer [1972] 3 All ER 70 (CA) per Lord Denning [49] Maitland, F W (1936): Equity. Cambridge: Cambridge University Press. Page 115