Promoting Mental Health and Well Being

Questions: 1.Investigate and outline the prevalence/ incidence of depression AND suicide in Australia using current literature. 2.Discuss factors that may have contributed to the persons presentation and mental helth concerns ( 2 factors are identified). 3.Discuss the ethico-legal issues related to your chosen scenario. 4.Identify two nursing/midwifery problems/ risks and rationales, with evidence from your chosen scenario. 5. For each nursing/ midwifery problem/ risk you have identified in Question 4, Outline and describe TWO evidenced based nursing/ midwifery interventions AND rationales for each. Answers: 1. This following report provides a profile of depression to refer various disorders and also supports the condition of Scenario A, through exemplify the links related to the patient Edward. It is imperative to analyse the protective factors that are concerned with the depressed state of mind during the research for depression in Australia. This systematic review over depression in Australia suggests some important factors that are needed to examine the cause of depression. Here the patient known as Edward is a 62 years old man and a proud owner of a small farm in Australia, but the sudden death of his youngest son has exposed his life to depression. Furthermore, his only living son Colin, is not interested in farming and left his family for better life in Sidney. Naturally, the hope gets shattered as he is facing empty-nest syndrome with his wife (Australian Bureau of Statistics, 2013). Thus, the report adhered to the common issues related to the geriatric group and correlates the f actors of depression across the nation. The most common mental illness in Australian community is recorded to be depression and anxiety disorder and often, a primary intervention helps to reduce these disorders to get better lifespan. The anxiety syndrome is very common with the patient with depression, but it is important to identify the various highlighted factors that are associated with morbidity and mortality. The reporting items about Edward have provided many significant reasons that are surely caused to depression. According to the researchers (Martin, et al 2010), the most prevalent anxiety disorder is post-traumatic stress disorder in Australia and recorded as (6.4%). In fact, the case study of Edward is the best example of post-traumatic stress disorder, as the unexpected suicide of his youngest son leaves him with no choice for expecting more from life. The other important depressive disorders such as agoraphobia (2.8%), social phobia (social anxiety disorder; 4.7%), obsessivecompulsive disorder (1.9%), panic d isorder (2.6%) and GAD (2.7%) are to be found in Australia. In Australia, the clinical diagnosis of depression has been made on the terms of collective data which signifies numerous signs and syndromes of depression. Presently, the Diagnostic and Statistical Manual of Mental Disorders has classified a defined array for depressive disorders, to allow various depression subtypes in Australia, such as: Severe depressive state of mind with psychotic symptoms Moderate and less severe depression but the absence psychotic symptoms State of melancholia 2. It may know to all that depression is a common problem in older group of people, and according to the survey, the patient with depressed conditioning fails to recognise the certain symptoms of depression (Trollor, et al 2007). For example, the life of Edward is quite challenging as he left his hometown Malta for better living. It is quite obvious that people do migrate for having better life and best future for their children, but fails to realise what they actually desire to look forward. The yearn for establishment causes separation from his own parents and his relatives from Malta. Unfortunately, his small family gets smaller due to early demise of his youngest son and abandonment of his older son. Thus, depression is a common phenomenon to be observed in such situation where a man of 62 gets affected and losses his sleep, appetite, interest, relationship and hope. As a matter of fact, (Australian Bureau of Statistics, 2000) it is been observed that depression and sadness go ha nd in hand and confuses the treatment procedures. While in this case, it is determined prominently that Edward is facing huge depression and shows lack of energy, low motivation and some physical problems. Some predominant symptoms related to geriatric group are mentioned below: Feelings of helplessness and hopelessness Feelings of despair and Sadness Loss of appetite and Weight loss Unexplained pains and aggravated aches Staying asleep or difficulty falling asleep (Sleep disturbances) Loss of interest in hobbies, work or in socializing Thoughts of suicide or Fixation on death Feelings of worthlessness, or Loss of self-worth Slowed speech movement Memory problems Neglecting personal care Recognising depression in the elderly people is full of uncertainty as they are too rigid to confront and distinguishing between clinical depression and grief is always not easy for the nurses to identify (McKenna, et al 2012). The following case study is one sort of example where grief is the only reason that affects the life of Edward like a roller coaster. The grieving process of Edward consists of variety of emotions with suicidal thought process and loss of happiness. As per the research, it is found that the content of despair has been diluted into his soul forever and constant emptiness has occupied his mind. Having depression in these cases is natural, and there are some significant risks to Edward, as he has lost moments of pleasure and hope for future (Butterworth, et al 2006). 3. For framing discussion, it is imperative to strengthen the topic by incurring ethical issues related to aging and health care. There have been ranges of debate on Health Care and the Aging Population: What Are Today's Challenges? to explode some of the relevant issues focus upon geriatric education, quality of life, successful aging behaviours, frail elder care and long-term care planning. Some imbedded ethical issues do require enhancing the care unit and so the Australian government specifies the ethical tradition of nursing to strengthen their culture of enduring, self-reflective and distinctive (Parker and Evans, 2007). It should be the primary goal for the health department to introduce values, obligations, morality and better understanding of various condition of geriatric syndrome. In many respects, the ALRCs proposal has solved issues that are directly related to ethics and decorum, as they believe that active case management supports the treatment process of the care givers. However, there are three basic ethical principles and they are justice of treatment, respect for persons and beneficence (Mead, et al 2008). Specifically it states that respect for the patient is the most promising aspect of the treatment as elderly people can only absorbs emotional attributes from the concerned person. Thus, it is vital for the nurses to select their choice of words and perspective to get the best care for the elderly ones. Furthermore, researchers have endeavour many such autonomy where protecting the self-determination right is mandatory for providing the best treatment to the patient. Despite a rapid interest in the geriatric problem, most nations have not restricted elderly abuse so far (Osborn, 2003). However, Australian code of law has introduces several privacy Act that regularise health or medical research, thoroughly. There are 95 crucial guidelines that help to develop certain statistical measures in concern for public safety and public health. Some comprehensive legislation is also been introduced to carry out better service to old and despair ones (Australian Law Reform Commission, 2000). It is very natural for the old people to avoid confession of their problem and so prosecution has developed civil laws to encourage older people with all the necessary help to eradicate the geriatric abuse. In this case study, Edward is non cooperative with his care giver (nurse) and provides little information about his state of mind, but as it is mentioned earlier that proper training and education provides Edward all sorts of help to vent out his problem for solvent. Hence, government of Australia has started public awareness campaigns and university courses to inform people regarding the ethical as well legal attributes of geriatric conditions. 4. This chapter provides the interesting aspect for the researchers as it is very difficult to introduce some of the risk taken by the nurses or midwives for treating a patient of depression. To improve the mortality or patient safety, the care giver tries every possible context within the code of ethics and law. However, it is important for the nurse to adopt certain Professional Doctorate route to treat such patient like Edward. As an outline of the present condition of Edward, it is obvious for the nurse to help Edward to communicate all the provided information of his distress. The general research surely asks the risk confronted by the nurse in such condition, and I have already considered some points as subsequent sections to reflect problems faced by the nurses during the intervening process with the patient (Unutzer, 2002). The latest NSW version has imposed strict discipline for nurses to follow and thus, it concretes the idea of risk as a constant challenge for this profess ion, because each patient has following rights that should be performed by the nurses and they are as follows: Right to a written treatment plan Right to confidentiality Right to refuse treatment Right to select health care team members Right to personal mail Right to obtain disability Hence, it is very relevant that a nurse cannot force her patient to obtain certain treatment without his wish and at the same time acknowledgment of right prognosis is a challenging process by the nurse, so Screening for depression and Pharmacological and alternative treatments are some of the risk faced by the nurse during intervention of their patient. It is very important to make a powerful impact on the patient to get an inner understanding of the depression (Clinical Standards Advisory Group, 2000). A proper communication is a much needed measure that can benefits the illness from its root. Here in this case study, Edward has mentioned every possible problems of his health to the appointed nurse, but at the same time feeling distressed and exhausted to communicate at some point of time. Thus, a nurse should realise his limits and try to find out medicinal support for his exhaustion and lack of sleep (Pignone, et al 2002). She cannot force him for any support, as that can aggravate the depressive state of mind. The appointed nurse should always be alert for his mental condition as he has seen losses and has lost all his hope to live. 5. The National Institute of Mental Health (NIMH) contributes some important points of risk faced by the nurses during treatment and also supports a vast research on older people during depression screening as the method includes electronic and manual searches. Here in this case, Edward desires to end his life and so it is the duty of the nurse to be watchful and observant over his moves and approaches. A nurse should remember his suicidal tendency before attempting further ailments, as that can beget risks during the treatment and cause a lot of damage to the patient. There are five powerful screening tools used by the nurses to determine the level of depression in the patient, but it is not easy to get followed as most of the patients are elderly and fails to understand the following procedures of treatment Lawrence, et al 2000). There are five screening tools and known as self assessment questionnaires which are self completed. Reasonably, it is difficult to enrol in treating geri atric depression as this particular group do not participate in such kind of measures to get them treated as that involves Patient Health Questionnaire The Geriatric Depression Scale (GDS) Beck Depression Inventory Zung Self Rating Depression Scale (ZSDS) Hospital Anxiety and Depression Scale (HADS) The department of nursing also finds it difficult to introduce alternative treatment such as Pharmacological measures to reduce the symptoms of depression. Here the medicinal treatment do have a lesser impact than counselling process as it is important for the patient to confront their own deal of crisis. The acknowledgment of the cause can reduce the level of depression and here our patient called Edward still has two reasons to live upon: his wife and only living son. It is through counselling, a nurse can enrich psychologically about the better hopes for living, and Edward needs to understand that his son Collin has got the same desire to live like his father, as both of them have left their parents for better living. The patient has got supportive wife and needs to realise her gracious presence, so all these points need to get realised during the treatment without much constraint. References: Australian Bureau of Statistics. (2013). Causes of Death, Australia, 2011. Catalogue No. 3303.0. Belconnen, ACT: Commonwealth of Australia. Accessed March 15, 2013 Australian Bureau of Statistics. (2013). Op. Cit. Australian Bureau of Statistics. (2000). Suicides, Australia, 1921 to 1998. Catalogue No.3309.0. Belconnen, ACT: Commonwealth of Australia. Accessed December 4, 2012 McKenna, K., Harrison, J. E. (2012). Hospital separations due to injury and poisoning, Australia 2008-09. Injury research and statistics series. No. 65. Cat. INJCAT 141. Canberra, ACT: Australian Institute of Health and Welfare. Accessed November 23, 2012 Martin, G., Swannell, S., Harrison, J., Hazell, P., Taylor, A. (2010). The Australian National Epidemiological Study of Self-Injury (ANESSI). Brisbane, QLD: Centre for Suicide Prevention Studies. Accessed November 23, 2012 Trollor JN, Anderson TM, et al: Prevalence of mental disorders in the elderly: the Australian national mental health and well-being survey. Am J Geriatr Psychiatry. 2007, 15 (6): 455-466. Kilkkinen A, Kao-Philpot A, et al: Prevalence of psychological distress, anxiety and depression in rural communities in Australia. Aust J Rural Health. 2007, 15 (2): 114-119. Butterworth P, Gill SC, et al: Retirement and mental health: analysis of the Australian national survey of mental health and well-being. Soc Sci Med. 2006, 62 (5): 1179-1191. Lawrence D, Almeida OP, et al: Suicide and attempted suicide among older adults in Western Australia. Psychol Med. 2000, 30 (4): 813-821. Pignone MP et al (2002) Screening for depression in adults: a summary of the evidence for the US preventative services task force. Annals of Internal Medicine; 136: 10, 765-776. Osborn PJ et al (2003) Performance of a single screening question for depression in a representative sample of 13,670 people aged 75 and over in the UK: Results from the MRC trial of assessment and management of older people in the community. Family Practice; 20: 6, 682-684. Mead GE et al (2008) Exercise for depression. Cochrane Database of Systematic Reviews 2008. Issue 4. Art. No. CD004366. Clinical Standards Advisory Group (2000) Services for People with Depression: A Summary of the CSAG Report on Services for People with Depression. London: DH. Unutzer J et al (2002) Collaborative care management of late-life depression in the primary care setting. Journal of the American MedicalAssociation; 288: 22, 2836-2487. Australian Law Reform Commission, Managing Justice: A Review of the Civil Justice System, Report 89 (2000), Rec 27. C Parker and A Evans, Inside Lawyers Ethics (2007), 89.

The Conflict Essay Example For Students

The Conflict Essay In the poem â€Å"The Conflict† C. Day Lewis describes being in the midst of human conflict. Since the beginning of mankind, conflicts have been a part of society no matter how big or small. An example of a big conflict is the way some Quebec citizens felt when they were voting in the referendum. A small conflict we might face is whether to buy a hamburger or a hot dog. A conflict is a struggle, a difference of ideas. Conflicts come in all different shapes, sizes, textures and complexities. The feelings expressed at the beginning of the poem are those of solitude and grace. Almost like trying to keep our spirits up when a situation is pulling us down. And yet as pressure builds up, such as the precipitation in clouds, ‘ the storm-cocks sing ‘ to forewarn of the storm approaching. Before the thunder and lightning arrive, we feel peace when we are just ‘ outside the ring ‘ Like a child unaware of the complications his parents face in their relationship until they decided to separate or file for divorce. We will write a custom essay on The Conflict specifically for you for only $16.38 $13.9/page Order now All of a sudden he is caught in the storm and looking for answers as to what caused this, in his perspective, sudden clash of ideas. Living ‘ between two massing powers ‘ often causes feelings of despair and loneliness where we just want to be alone and when bystanders such as family and friends who provide ‘neutrality’ try and comfort us we often push them away. ‘None such shall be left alive;’ goes to show that everyone loses in wars that are caused by mere disagreements. In all battles, even the innocent are harmed like when bullets are fired in the streets of a city, just for being in the wrong place at the wrong time, an innocent by-stander could be the receiver of a fatal bullet wound. And as the innocent are ‘ shot down ‘ it seems as though the ‘ private stars ‘ which we look up to to light up the dark areas of our lives start to fade. Hope starts to fade. When help arrives after a deadly battle, ‘The red advance of life’ calls out in anticipation of possible survivors. And when there is no response it seems as if all that is heard is the clanging of swords and shields in the distance almost like the ghostly echo of war. What is left in the battered territory is a blanket of sheer overwhelming grief spread throughout. The last stanza of the poem is telling us to move on with new hope from old devastation to new open and unharmed land. The place where ‘ we used to build and love ‘ is basically non-existent and if anyone can live there it is only the ghosts who have endured the harshness of the past warring. In simple terms, it is telling us to look towards a new light, find new stars to light up the night. And not to let old conflicts hold us back and prevent us from advancing through life. No matter what the conflict we cannot be blinded by rough times that are inevitable facts of life. Everyone faces them. Whether it is one individual, a family, a group of friends, or a city or even a country, there will always be conflicting ideas.

World Problems Essay Topics

World Problems Essay TopicsWith the world becoming more complex and diverse, there is no doubt that these days, World Problems Essay Topics is getting more popular. One thing is for sure, the more varied the world becomes, the more the need for writing a World Problems Essay Topics. In fact, some of the nations are becoming so polarized that you can barely distinguish between the different factions, let alone form an opinion. With this, the need for writers to understand and relate to different groups is crucial.However, there is something to be said for World Problems Essay Topics. When writing a World Problems Essay Topic, your job is not just to state your opinions. It is to put them in context. In other words, it is important to understand the other side of a story, whether you are right or wrong. The more understanding you can muster, the more you stand to win in the game of Ideas and Disputes.Another advantage of World Problems Essay Topics is that they are a great way to get t he attention of the student body. One advantage to a World Problems Essay Topic is that you have the opportunity to explore the students' ideas and listen to their criticisms of your thesis.One way to see if the World Problems Essay Topics is doing well is to look at the success rates. Obviously, if the results are dismal, the topic will probably be killed off. However, if the World Problems Essay Topics is not doing too well, it would be best to change the topic and try something else.Another reason why you may want to change the topic is that you might be having trouble writing it. There are several ways to write your World Problems Essay Topic, as long as you have a working knowledge of basic grammar and composition. What you need to do is to study your subject area and be able to put the entire piece together using appropriate structure.Probably the easiest way to get started is to go online and find a book that has a short essay on a particular topic. In this way, you can learn how to properly express yourself, as well as use your ability to write well. You can even ask your teachers about their experiences with World Problems Essay Topics and write them a letter, making sure to include the letter with your answer.As you can see, World Problems Essay Topics is one of the best ways to deal with controversial topics and obtain the recognition that you deserve. They are also a lot of fun.

Smc V Akhter Essays

Smc V Akhter Essays Smc V Akhter Essay Smc V Akhter Essay SMC Electronics Limited v. Akhter Computers Limited Others Court of Appeal (Civil Division) Lord Justice Henry Lord Justice Latham and Sir Murray Stuart-Smith Lord Justice Henry: Introduction 1 The Claimant, SMC Electronics Ltd, (SMC), and the Defendants (all part of the Akhter Group of companies (Akhter)), both sell power supply units (PSUs). PSUs are printed circuit boards with capacitors and other components soldered on to them. This is Akhters appeal from the decision of HHJ Green dated 31st March 1999, sitting in the Central London County Court, allowing SMCs claim and declaring that SMC was entitled to 50% of the profits that Akhter had made on sales of certain PSUs to Pitney Bowes Plc (Pitney Bowes). This entitlement is said to arise under a commission agreement made on 26th July 1993, under which Akhter promised to share their profits with SMC, in consideration for the introduction to a major new customer for PSUs, Pitney Bowes. This is a case about the authority of the third party to these proceedings, David Bennett, to enter that commission agreement on behalf of Akhter, his employers, who now seek to avoid having to pay any commission by challenging his authority to make the contract. The background facts 3 In July 1993, David Bennett was employed by Skynet, a division of Akhter, as Director PSU Sales. In fact, he was not a director of any company in the Akhter Group. He worked from a small sales office in Basingstoke with two other people, his assistant, Andy Wall, and a secretary. David Bennetts primary duty was to promote sales and he was paid large commissions when he was successful. The judge found that he was given a very high degree of autonomy. He even had the habit, known to and permitted by his employers, of writing on Skynet notepaper and describing himself as director. This Skynet notepaper, in breach of s. 351 of the Companies Act 1985, omitted to contain the registered name, company number and address of Akhter, leaving the reader no indication as to whom David Bennett might answer. In July 1993, Pitney Bowes, a large UK manufacturer, was interested in buying large quantities of PSUs and approached, among others, SMC in order to get a quote. SMC thought the job was too big for them, and so Merhzad Koranki of SMC approached David Bennett to suggest that Skynet quote for the business. Merhzad Koranki suggested that, if Skynets tender was successful, it should share the profits of the Pitney Bowes deal equally with SMC under a commission agreement, in return for the introduction. Having checked with Andy Wall that Skynet did not already know about the invitation to quote, David Bennett agreed with the proposal. At a meeting with SMC, David Bennett brought with him a letter containing draft terms of contract. After some negotiations, Merhzad Koranki then handed him the contract document, addressed to David Bennett at Skynet. This became the commission agreement. It provided: Dear Dave, (1) Further to our telephone conversation this morning, I would like to confirm what we discussed and agreed with regard to customer projects. 2) SMC Electronics Ltd will do its utmost to sell and distribute Skynet products as part of our range, however on the occasions where we would have to pass on the project to Skynet Electronics, we agree to do so based on our agreement that the total profit will be shared equally (50% SMC Electronics, 50% Skynet Electronics) (3) This will not only apply to the current project, but any future projects and orders generated from the customer identified. 4) We anticipate a lifetime of customer designs to be in the region of five years plus, therefore any agreements made would have to cover at least the running period as well as the lifetime of the products. (5) Could you please make a record of the following customer for which the project is passed on to yourselves in order to complete for the order. (6) Of course, SMC Electronics will work along with you to help with the housekeeping with regard to costing. Mr P J Dewey Pitney Bowes 5 After a lengthy process of development, Pitney Bowes awarded the project to Skynet and the Akhter Group now supply Pitney Bowes with a large quantity of PSUs. The questions on appeal 6 There were four questions on this appeal: (1) What was David Bennetts actual authority under his contract of employment with Akhter, and did it give him express authority to enter the commission agreement, or, on the other hand, was he expressly prohibited from entering the commission agreement? (2) Did David Bennett have the implied authority, under his contract of employment, to enter the commission agreement? (3) If David Bennett did not have actual authority, express or implied, did he have ostensible authority to enter into the commission agreement? 4) Finally, if Akhter are liable to SMC, on which projects is SMC entitled to a share of the profits, on a proper construction of the commission agreement? Actual authority the terms of David Bennetts contract of employment 7 The judge found that David Bennett had no actual authority to make the commission agreement, saying there was simply no evidence of actual authority. I am unable to agree with th is, having regard to the express terms of David Bennetts contract of employment. Clause 3 of David Bennetts Terms of Employment with the Akhter Group (Holdings) Plc provided: Job Title: Director PSU Sales You must perform such duties as may be reasonably associated with your job title 8 That clause therefore delimited the scope of duties that were within David Bennetts express authority. However, in order to try and establish an express prohibition on entering commission agreements, Mr Norris relied on a document entitled Akhter Group Purchase of Goods and Services, said to be incorporated into David Bennetts contract of employment. That document stated, at clause 3: Purchase Requisition. A purchase requisition is required for any item not normally held in stock or for any Service of Capital equipment required by the company. .. Purchase requisitions for capital items and services must be signed by the Managing Director. 9 Mr Norris submitted that the commission agreement was in truth a purchase of information, that Skynet were buying the introduction from SMC, and that therefore, if it was to be authorised, a purchase requisition was required to be signed by the Managing Director, Mr Mughal. 10 Reading the provisions of his employment contract together, David Bennett had the express authority to perform duties reasonably associated with being Director PSU Sales, but was not allowed to make purchase requisitions without the signature of Mr Mughal. In my judgment, the commission agreement was clearly a deal made in the discharge of the duties reasonably associated with being Director PSU Sales. It is ingenious, but highly artificial and quite unreal, to classify the commission agreement as a purchase requisition for capital items and services and I reject Mr Norris submission to that effect. 11 The purpose of David Bennett in entering into the commission agreement was to make more sales for Akhter ( 50% of something is better than 100% of nothing. ). The commission agreement was reasonably associated with that purpose. Therefore, in my opinion, the proper and clear construction of the employment contract is that David Bennett had the actual authority of his employers to enter the commission agreement, and accordingly his employers, Akhter, are bound by it. Even if clause 3 of the Terms of Employment were to be considered ambiguous, which I think it is not, the act of entering the commission agreement, if done in good faith by David Bennett, and if justified by any possible construction, would be authorised by the ambiguous clause (see Bowstead Reynolds on Agency, 16th Ed. , 1996, Article 26). 2 The finding that David Bennett had express authority is enough to dismiss the appeal on liability. Nonetheless, in deference to the careful arguments of counsel, I continue to consider briefly implied authority and ostensible authority, both of which would also merit the dismissal of this appeal. Implied authority to enter the commission agreement 13 Mr Norris, submitted that, the contract being otherwise c omplete, the court can only imply a term on the basis of the well-known tests laid down in The Moorcock (1889) 14 PD 64 and Liverpool CC v Irwin [1977] AC 235. Furthermore, he says that the term to be implied is not capable of precise formulation, which militates against any implication. 14 Implied actual authority of agents is dealt with in Bowstead Reynolds on Agency, 16th Ed. , 1996, Articles 27-32. Articles 27 and 30 set out the test for implication in this context, and also provide the answer to Mr Norris argument that the implied term cannot be formulated with reasonable precision, by doing just that: Article 27 provides: An agent has implied authority to do whatever is necessary for, or ordinarily incidental to, the effective execution of his express authority in the usual way. Article 30 provides: An agent who is authorised to do any act in the course of his trade, profession or business as an agent has implied authority to do whatever is normally incidental, in the ordinary course of such trade, profession or business, to the execution of his express authority, but not to do anything which is unusual in such trade, profession or b usiness, or which is neither necessary for nor incidental to the execution of his express authority. 15 So the implied authority arises from the nature of the general occupation of David Bennett. Indeed, there is a striking similarity between the implied terms as formulated by Bowstead Reynolds and the express term contained in Clause 3 of David Bennetts Terms of Employment with Akhter, which supports my opinion that David Bennett had express actual authority to enter the commission agreement. 16 In finding that David Bennett had implied authority to make the commission agreement, the judge correctly relied on several matters, which all show that the making of the commission agreement was ordinarily incidental to David Bennetts activities. The judge found support in the facts that David Bennett was allowed to the use the grandiloquent title Director PSU Sales and was allowed to describe himself as simply director. He further relied on the facts that David Bennett took an important part in making the annual budget estimate for Skynet and that Pat Swabey, an employee of Skynet, said that if anyone asked her who Skynet was she would have said David Bennett. The judge added, with some hesitation, that the use of Skynet notepaper, which infringed s. 51 of the Companies Act 1985, led SMC to believe that there was no-one more senior than David Bennett at Skynet. 17 Two further factors were relied on heavily by SMC to establish David Bennetts implied authority, first, the fact that denial of his authority was not the first reaction of Mr Mughal, David Bennetts employer, and secondly, that David Bennett had previously negotiated an allegedly similar deal with Lion Cabinets, the so-called Lion deal. They both support a finding o f either express or implied authority. 8 When SMC first approached David Bennett for their share of the profits, they were told there were no profits yet and thereafter SMC were met with a prolonged campaign of evasion, misleading and procrastination. At a meeting on 26th July 1996 and subsequently, Mr Mughal, managing director and major shareholder of Akhter, failed to make the objection that David Bennett lacked the authority to enter the commission agreement, instead relying on previous business that had been done with Pitney Bowes to try and show that the introduction had not been of any value. Mr Mughal then offered ? 5,000 to ? 0,000, because David Bennett was my employee. I agree with the judge that this was travelling a long way from a mere denial of authority and that Mr Mughals failure to challenge David Bennetts authority, when he first learned of the claim, is indicative of the latters implied authority. I do not think, as Mr Norris suggests, that Mr Mughal would have be en deterred from raising an objection by any assertion of David Bennett, who sought to renege on the deal, that the commission agreement was not a real agreement. 19 In the Lion deal, Lion Cabinets had been buying PSUs from Skynet, who sourced them from Skynet Taiwan. David Bennett arranged for Skynet Taiwan to sell directly to Lion Cabinets, with Skynet receiving 4% of Skynet Taiwans turnover on these sales. David Bennett thus cut out the problems for the intermediary, Skynet. While Mr Norris is correct that the Lion deal was different from the commission agreement, being a rearrangement of an existing sales contract, rather than a new contract granting commission to an introducer, I agree with the judge that it shows the wide degree of authority and responsibility which David Bennett was given. 0 Therefore, I agree that the commission agreement was normally incidental to the execution by David Bennett of his duties as Director PSU Sales. This is the same as saying that it was reasonably associated with his duties, under the express authority given to him. One way or another, David Bennett was employed to promote sales, and if this necessitated offering commission to an introducer or fixer in return for a lucrative contract, then that was a step that David Bennett was authorised to take. As indicated above, I do not find that the implied term is incapable of precise formulation. The term has been formulated expressly in Clause 3 of David Bennetts Terms of Employment, and is formulated with reasonable precision in the Articles from Bowstead Reynolds quoted above. A certain spectrum of authorised acts must always be inevitable in such cases as this anyway, and so I do not think that the courts should strive to find unrealistic precision in such implied terms. It is not necessary to ask whether David Bennett had the authority to enter the exact terms of this commission agreement, which with hindsight may seem foolhardy, but whether he had the authority to enter commission agreements generally, in the furtherance of his duty to promote sales. The answer is plainly yes. Did David Bennett have ostensible authority? 21 As the judge did, I have considered the ground of ostensible authority, even though it is not necessary to dispose of the appeal. 2 The judge correctly explained that ostensible authority is a form of estoppel by implied representation (see Freeman Lockyer v Buckhurst Park Properties (Mangal) Limited [1964] 2 QB 480 per Pearson LJ at 498 and per Diplock LJ at 503). The judge relied on five representations. He repeated that David Bennett was described as both Director PSU Sales and simply director, and again relied on the fact that his name and number were on all Skynet adverts, that he was known to be in charge of the Skynet sa les office and, again hesitatingly, that he was allowed to write on Skynet paper without the information required by s. 51 23 I do not agree that the judge was wrong to find that David Bennett could also have had ostensible authority. In the absence of full argument, it is not appropriate for me to elaborate on the precision required to find an implied representation amounting to an estoppel, in order to give rise to a finding of ostensible authority. I do not gain assistance from the fact that SMC initially issued against David Bennett personally, which, so Mr Norris says, shows that SMC were aware of his lack of authority to enter into the commission agreement and therefore shows that SMC cannot have relied on any representation to the contrary. Issuing against David Bennett personally was merely an attempt by SMC to flush out the true defendant and principal to the commission agreement, upon which David Bennett was being sued. Had SMC sued David Bennett for breach of warranty of authority, then it would be arguable that they had always doubted his authority, but they did not, instead basing their claim on the very commission agreement that they sought to enforce. The extent of SMCs entitlement to an account of profits 24 The judge ordered that the account extended to cover he B900 project and any other projects in which P Dewey of Pitney Bowes has ordered goods from them. This question of the construction of the contract determines whether SMC can recover for other projects in addition to the B900 PSU, which Akhter supply to Pitney Bowes. 25 Mr Norris says that the only project falling within the terms of the commission agreement, if they are liable thereunder, was the B900 project, and the account of profits should be lim ited accordingly, and I agree. 6 In my opinion, construing the agreement as a whole, it is necessary to read the words of paragraphs 2 and 3 of the commission agreement together. Paragraph 2 envisages the occasions where SMC would have to pass on the project to Skynet. Paragraph 3 extends the ambit of the commission agreement, saying this will not only apply to the current project, but any future projects and orders generated from the customer identified. The agreement clearly means that SMC may recover commission on future projects, but only where they have agreed to pass them on to Skynet. The word this in paragraph 3, refers to the occasions where an introduction has been made and a project passed on. The agreement does not mean that SMC can recover commission on any project which Skynet subsequently negotiate directly with Pitney Bowes or even Peter Dewey at Pitney Bowes, and which is not passed on by SMC. That would be an extraordinary construction, given the previous dealings that Akhter had already had with Pitney Bowes, and given that it would appear to make SMC money indefinitely, on deals to which they had contributed nothing. 7 Therefore, I would vary the terms of the judges order to hold that SMC are entitled to an account by Akhter of all profits on the B900 project and any other projects with Peter Dewey of Pitney Bowes which SMC have passed on to Akhter, and that Akhter should make disclosure accordingly. There is evidence that Akhter supply Pitney Bowes with a project code-named F350, but there is no evidence that SMC introduced this or any other Pitney B owes project to Akhter, and so the effect of this judgment will be, we are told, to limit SMC to a share in the profits of the B900 project. David Bennett appearing as third party 8 David Bennett was originally a defendant to the action brought by SMC. After his employers, Akhter, were substituted for him, they then reinstated him in the action as a third party, so that if Akhter lost this action on the basis of ostensible authority alone, they could claim an indemnity against him for exceeding his authority in breach of his contract of employment. As the decision of the judge on authority has been upheld, primarily on the ground of actual authority, David Bennett cannot be liable to either Akhter or SMC. 29 I have read the judgment of Sir Murray Stuart-Smith, and am in total agreement with it. Conclusion 0 In my judgment, the answers to the four questions in this case, are as follows: (1) there was express authority, rather than any express prohibition, given to David Bennett to en ter the commission agreement, under the terms of his contract of employment, (2) there was, in any event, implied authority for David Bennett to enter the commission agreement, (3) therefore, it is not necessary to make any finding on ostensible authority, although there seems no reason to interfere with the reasoning of the judge that, if he was wrong on actual authority, then David Bennett had ostensible authority to enter the commission agreement, (4) the commission agreement only extended to cover those projects with Peter Dewey of Pitney Bowes which SMC had introduced to Akhter, and therefore it is for SMC to show that they had assisted in passing on projects for Pitney Bowes other than the B900 PSU to Akhter. 31 For those reasons, I would dismiss the appeal. Lord Justice Latham: 32 I agree that the appeal on the first issue fails, but succeeds on the second. Like Henry LJ and Sir Murray Stuart Smith I consider that Mr Bennett had, by reason of the terms of his employment contr act, express actual authority to enter into the commission agreement. It was intended to, and did, secure a sale for his employers. As far as the scope of the commission agreement was concerned, I again agree with Henry LJ and Sir Murray Stuart Smith that the meaning contended for by Mr Norris both accords with the natural meaning of the words used, and with commercial sense. Sir Murray Stuart-Smith: 33 Two issues arise on this appeal. The first is whether Mr Bennett had actual or ostensible authority to enter into the commission agreement of 26th July 1993. The second is what was the scope of that agreement, in particular to what extent it extended to further projects. The judges order is that the claimants are entitled to an account of profits not only on the B900 project but also on any other projects in which P Dewey of Pitney Bowes plc has ordered goods from them. The judge answered the first issue in favour of the claimants holding that Mr Bennett had implied actual authority. He also answered the second issue in their favour giving a wide interpretation to the contract. I agree that the appeal on the first issue fails, but succeeds on the second. I only add a few words of my own to the judgment Henry LJ, with which I agree, because I would uphold the judgment on the first issue on somewhat different grounds from those given by the judge, and because we are differing from him on the second issue. Authority 34 Actual authority can be express or implied. The judge held that it was not express; it was implied. I am not persuaded that he was right in this. When considering the scope of the agents authority one has to look in the first place at the express terms of the contract dated 30th November 1992. Mr Norris contended that Mr Bennett was expressly forbidden from entering into a contract such as the commission agreement by virtue of the attachment to the contact of employment called Purchase of goods and services. Under the heading Purchasing Procedures it is said: A purchase order must be issued to cover any expenditure incurred by the company. 35 This was not a purchase order; it is, with respect to Mr Norris, nonsense to describe the commission agreement as the purchase of information. 36 There is to my mind one provision of the employment contract which is of critical importance. It is in these terms: Job Title: Director PSU Sales You must perform such duties as may be reasonably associated with your job title 37 So far as I can see this is the only provision in the contract which amounts to a job description or specification; it also defines the scope of Mr Bennetts authority. The simple question is whether the entry into the commission agreement was reasonably associated with his job as Director of PSU Sales. To my mind there can only be one answer to this question, namely Yes. The commission agreement was necessary to secure what promised to be an extremely lucrative sale for Skynet Electronics. A similar answer would have been given to the Lion contract. 38 Mr Norris frequently referred to Mr Bennett as a salesman; he was not so described in the contract; he is described as Director which must have a wider connotation. But even if he was described as a salesman, it seems to me that the commission agreement was reasonably associated with his duties to sell Skynet Electronics products or merchandise. 39 I consider that Mr Bennett had actual express authority which was sufficiently clear. Even if it was ambiguous, it would not avail the defendants. Article 26 of Bowstead Reynolds on Agency, 16th Edition, p116, provides at paragraph 3-106: Where the authority of an agent is conferred in such ambiguous terms, or the instructions given to him are so uncertain, as to be fairly capable of more than one construction, an act reasonably done by him in good faith which is justified by any of those constructions is deemed to have been duly authorised, though the construction adopted and acted upon by him was not that intended by the principal. 40 It is clear that Mr Bennett thought he had authority; no-one has questioned his bona-fides at the time he entered into the contact, even if his subsequent conduct app ears to have been evasive. Scope of the Commission Agreement 41 In his judgment, Henry LJ sets out the relevant parts of the agreement. The question is what does the word this at the beginning of the third paragraph refer to. Mr Norris submits that it refers to the occasions where we would have to pass on the project to Skynet Electronics, we agree to do so based on an agreement etc. 42 Mr Alliott submits that it applies only to the words we agree to do so based on an agreement etc. 43 In my judgment, Mr Norris was clearly right about this. This fits the grammar of the two paragraphs. It also accords with the factual background of the agreement, namely that the claimants were asked to tender for a contract which was beyond their capability to perform by themselves. It is obvious that such a situation might occur in the future. Moreover this construction seems to me to make commercial sense, whereas that adopted by the judge would lead to a commercially unreasonable result. If the situation recurred where the claimants were asked to tender (and the defendants were not) they might well wish to enter into a similar arrangement in future and be confident they would do so on similar terms. On the other hand, if the defendants, having given satisfaction on the B900 project, were asked by Mr Dewey to tender for some new and unrelated project, they would be in difficulty in competing with other tenderers, since their profit margin would have to be shared with the claimants. Where there are two possible alternative constructions, the Court will prefer that which makes commercial sense in preference to one which is unreasonable. Order: Appeal dismissed on issues. Going to the authority of David Bennett, but allowed on single issue on the construction of the agreement; minute of order to be agreed; technology construction court most convenient

Mae Jemison, First Black Woman Astronaut - Quotations

Mae Jemison, First Black Woman Astronaut - Quotations Mae Jemison (born October 17, 1956) became the first African American woman astronaut in 1987. Inspired both by Sally Ride, the first American female astronaut, and by Nichelle Nicholss portrayal of Lieutenant Uhura on Star Trek, Jemison applied in 1983. The program had been suspended following the 1986 Challenger disaster, but Jemison was accepted after it re-opened in 1987. Mission Specialist Mae Jemison flew her sole mission in 1992 aboard the shuttle Endeavour. Born in Alabama but raised in Chicago, Jemison had an interest in science from a very young age. Although the early space program had no female astronauts - or black astronauts, for that matter - Jemison was determined. She started college at Stanford University at the age of 16, got an engineering degree, and followed it with medical school at Cornell Medical College. Jemison was a physician and scientist who also spent time with the Peace Corps before applying to NASA. After leaving NASAs space program to pursue her interest in the intersection of social science and technology, Jemison became a professor: first at Dartmouth, then at Cornell. She continues to use her knowledge to support educational efforts and encourage curiosity and scientific experimentation, especially among young people. Selected Mae Jemison Quotations Dont let anyone rob you of your imagination, your creativity, or your curiosity. Its your place in the world; its your life. Go on and do all you can with it, and make it the life you want to live.Never be limited by other peoples limited imaginations...If you adopt their attitudes, then the possibility wont exist because youll have already shut it out ... You can hear other peoples wisdom, but youve got to re-evaluate the world for yourself.Sometimes people have already decided who you are without your story shining through.The best way to make dreams come true is to wake up.There have been lots of other women who had the talent and ability before me. I think this can be seen as an affirmation that were moving ahead. And I hope it means that Im just the first in a long line. More women should demand to be involved. Its our right. This is one area where we can get in on the ground floor and possibly help to direct where space exploration will go in the future.The thing that I have do ne throughout my life is to do the best job that I can and to be me. People may see astronauts and because the majority are white males, they tend to think it has nothing to do with them. But it does.When Im asked about the relevance to Black people of what I do, I take that as an affront. It presupposes that Black people have never been involved in exploring the heavens, but this is not so. Ancient African empires Mali, Songhai, Egypt had scientists, astronomers. The fact is that space and its resources belong to all of us, not to any one group.I want to make sure we use all our talent, not just 25 percent.Pay attention to the world around you and then find the places where you think you’re skilled. Follow your bliss and bliss doesn’t mean it’s easy!It is important for scientists to be aware of what our discoveries mean, socially and politically. Its a noble goal that science should be apolitical, acultural, and asocial, but it cant be, because its done by people who are all those things.I dont know that having been in space g ives me a better idea of whether life might exist on other planets. The reality is that we know that this universe, that our galaxy, has billions of stars. We know that stars have planets. So the likelihood that there is life somewhere else to me is just absolutely there. Science is very important to me, but I also like to stress that you have to be well-rounded. Ones love for science doesnt get rid of all the other areas. I truly feel someone interested in science is interested in understanding whats going on in the world. That means you have to find out about social science, art, and politics.If you think about it, HG Wells wrote First Men in the Moon in 1901. Imagine how incredulous, fantastical that idea was in 1901. We didn’t have rockets, we didn’t have the materials, and we weren’t really flying. It was incredible. Less than 100 years later, we were on the moon.While were orbiting Earth in the shuttle, the sky looks exactly as it looks here on Earth, except that the stars are brighter. So, we see the same planets, and they look the same way as they look here.In some ways I could have been seen as further ahead if I had taken an easier path, but every now and then I stop and think I probably wouldn’t have been happy. Selected Sources Cooper, Desiree.  Stargazer turned astronaut credits the MLK dream.  Detroit Free Press, 20 Jan. 2008.Fortney Jr., Albert. The Fortney Encyclical Black History: The Worlds True Black History. Xlibris, 2016.Gold, Lauren. Former shuttle Endeavour astronaut Mae C. Jemison encourages students to think like scientists. Cornell University, 11 July 2005.Jemison, Mae.  Find where the wind goes: moments from my life. New York: Scholastic, 2001

Obama and Romney 2012 campaigns Assignment Example | Topics and Well Written Essays - 500 words

Obama and Romney 2012 campaigns - Assignment Example The author states that using social media to gain attention of the general public is similar to knocking at the doors of the voters. He states that a speech that President Obama conducted in the region of Romnesia was well advertised on social media outlets including Twitter and Facebook and due to this the video of the speech was able to gain more than 0.5 million views. Furthermore, the author states that mostly after the end of the elections those who are with the losing side end up losing their appearance in the eyes of the public. But social media has helped such individuals including Richard Grenell remain relevant even after the elections. The third lesson that the author learned through the Presidential social media campaigns of 2012 was that on the internet political news regarding events and other political stories spread at a very fast pace and people are thirsty to talk politics over the internet. Furthermore, social media marketing has even benefited the candidates of third party. This is because even after the elections the candidate of the Libertarian party can continue to gain attention of the general public and remain engaged with them. The fifth point that the author noted is that it is very difficult to measure which of the political party or the candidate has an upper hand in social media at the time of the campaign. The author states that various metrics used to measure victory on social media have failed. For example, if the number of followers is taken into account to measure victory then the individual making the analysis misses the sentiments and other factors involved. Another important point to note is that social media has the ability to spread any mistakes made by the candidate during the campaign at a very fast pace. These mistakes are highlighted in quite a sarcastic manner. The seventh learning outcome of the campaigns was that the use of GIF images during debates that were used by

Midterm Paper Essay Example | Topics and Well Written Essays - 500 words

Midterm Paper - Essay Example Modern computers and technologically improved mobile phones have become close substitutes to television. However, it is very difficult for new players to enter the industry due to the high entry cost. 1b. According to Edwards, from a resource based view of the firm framework, it can be observed that the company nowadays increasingly focuses on sales of television sets, which provide standard features such as 3D displays. As part of this strategy, the company has recently announced an extensive reorganization of the unit. The company â€Å"has eliminated 30,000 jobs, entered into joint manufacturing ventures with rivals, and shed assets.† (Edwards, 2011). In addition, the company sold a number of its production plants. 1c. Referring to the structural characteristics of modern television manufacturing industry, the Sony’s strategy may fail in the long run. As discussed, television sets are being largely replaced by the modern computer and mobile phones. At this juncture, it is a cumbersome task for the company to survive the market competition by focusing only on the products’ standard features. 2a. In the words of Tracy, online retail industry is a rapidly growing market sector and this immense growth can be attributed to the industry’s ability to reach millions of potential customers at cheap cost. Market forecasts show that online retail industry would become one of the world’s most profitable industries by 2015. Nowadays, marketers are increasingly focusing on online shopping with intent to serve the interests of customers at a fairly low cost; and this situation is significantly intensifying the competition. Buyer power is higher in the online retail industry because of the stiff market competition whereas suppliers have a weak bargaining power over their clients. However, threat of substitutes is relatively high in the online retail industry although there are a