Thursday, October 31, 2019

Selecting Media for Your Organization Essay Example | Topics and Well Written Essays - 250 words

Selecting Media for Your Organization - Essay Example The middle aged generation is lured to social media sites and that presented the venue of advertisement of the organization. In the organization, we embraced the use of the internet and television advertisements. It becomes easier to sell your name to a densely populated location. The best marketing strategies revolve around the internet. The internet is home to millions of people who opt for online shopping and bookings. With the organization’s target audience being middle aged and international tourists, it is an obvious assumption that they use the internet and television to get marketing information. Using the internet and television advertisements meets the needs of the audience in different ways. First the two Medias are very convenient and cheap. Additionally, the internet provides the audience to interact with the organization if any need arises. It gives the audience to place prior bookings at any time and place. Using the two Medias come with different challenges. First, online marketing should be first and brief so as to maintain the client’s patience. If a certain online advert is more than 3 clicks away, the client stands on high probability of abandoning the advert. Another challenge is that the lesser in society are not fully considered. In some instances, there are people who are not of any exposure to a computer or television set. Via the two media modes, the organization measures message exposure by internet hits and media impressions. For example, if a certain television channel may have 50.000 viewers at the time of the advertisement, then the organizations has made 50,000 impressions. The internet hit is an online mode of media impressions. The media plays a major role when choosing the best method f public relation messaging. According to Zarrella (2010), with the consideration of trends and the target audience, the media has a positive

Tuesday, October 29, 2019

Dangerous Driving and the Consequences Dissertation

Dangerous Driving and the Consequences - Dissertation Example The growing epidemic of dangerous driving tendencies, by a high percentage of motorists, has posed a number of legal concerns for the government of the UK. Evidence gathered shows that the legal punishments invoked on wreck less and negligent drivers is way to lenient, with sentencing sometimes being as short as a two year sentencing with a fine and possible barring from driving for a specific period of time. This is not solving the problem on the nation’s highways, rural, and city roads. Along with the other techniques mentioned, this author will also incorporate multiple cases associative with dangerous driving, as well as cases were the motorist had the sole intention of causing bodily harm to another person, in order to orchestrate the fact that there lies serious misjudgements by the law, in these such cases. The emphases will be on how cases such as manslaughter, assault, armed robbery, and other violent crimes have harsh penal punishments but a motorist, whose intention s are wreck less and similar to the same objective as a person committing a violent crime without a motor vehicle, are sentenced lightly with no lasting consequence and no proper way of deterring the behaviour of the driver. Dangerous Driving is a crime the same as any other and should be looked upon, by the courts as such. Empirical evidence will prove an existence to the motorist problems in the UK and what is being explored to reform the current legal statures surrounding the country.

Sunday, October 27, 2019

English Language and Cultural Homogenization

English Language and Cultural Homogenization Abstract In this paper, I will look at the subject matter of English language and the relative importance it stages in the sphere of globalization and cultural homogenization. The usage of English language has intensified the ongoing process of the modern communicative world amidst the impact of socio-cultural globalization. Its competency in the global scenario is highly sought in communication as also in occupying better positions in the market economy as an inter-linkage of understanding between two or more countries that inhabit cultural attachment of ones own language. However English language is criticized on account of heterogeneity that exists in the world countries which often provoke conflicts, along with the varying cultural settings through different practices and physical characteristics, and for which language is one that define their cultural background. Despite the fact that English language being the most influential panorama in the global language field, especially on the so cio-cultural aspect, it has been argued that its impact has devalued certain cultural norms and practices which is meant to have a negative impact on the language and culture of certain countries, especially of those colonized countries and the non-English speaking cultures. Nevertheless English language has a great impact on how people view themselves and others in the diversity of cultural background and within ones own cultural milieu. Furthermore, English language and its mode of education have a greater impact on our culture and relevant understandings. Despite being critiqued in many aspects, it establishes a dominant feature in the process of globalization with the subsequent effect it has on the socio- cultural exchange and learning. Introduction Language is one of the most important tools that greatly distinguish the capacity of human beings, placing humans at the top of the evolutionary ladder (Neuliep 2006: 246). Anthropologist and linguist like Edward Sapir argued that the language of a culture has an impact on the people belonging to that particular area on how they think, how they perceive the world around them, how they view their natural and social environments; Similarly, Whorf also stress on the idea that the languages of the people determine different types of observations that helps perceive the world differently (Ibid.). This led to the Sapir- Whorf Hypothesis that rests on two principles- the principle of linguistic determinism which believes that what one thinks depends on what language one speaks and the principle of linguistic relativity which determines that the different views of the world as seen by the speakers are based on the different languages they belong to. While there are linguists who believe that the language of the people is determined by the vocabulary and the grammar structure that corresponds to the nonverbal culture depending on the geographic, climatic, kinesic, spatial, and proxemic aspects of culture that shows itself to the cultures language (Ibid.246-248). On one hand, the varied forms of vocabulary and the meanings attached to the language is a form of culture and as such language and culture are inextricably linked; while on the other hand, a groups language defines their cultural group and cultural identity that enable social bonds stronger  [1]  . Language make possible, people belonging to different cultures, to communicate effectively that are in a way enriching ones personal and professional connectivity. It is an important tool for a knowledge based skills attitudes which incorporate ideas, customs, habits, and values that enable oneself to participate in the local and international subjects, while enriching ones personal and professional life  [2]  that characterize its impact in the process of the socio-cultural globalization. Language determines the historical tradition of people and their respective culture that are rooted in their attitudes and behavior through varied form (Ibid) In the domain of socio-cultural perspectives, Waters (1995: 3) defines globalization as a social process in which the constraints of geography on social and cultural arrangements recede and in which people become increasingly aware that they are receding (in Sengupta 2000: 3140). Certain terms that attributes to the global culture effects are Westernization, Mcdonalisation or Cocacolonization which are much talked about in the discourse of globalization, to which Westernization draws much of its critique on account of the relative effects that draws upon the rest of the world as much as cultural diffusion is concerned (Ibid.). In addition, those factors that influence the process of globalization are met through symbols of values, preferences and tastes, and not through economic materials and political power exchanges (Ibid. 3141). In the domain of establishing English language as a global practice, Britain and United States seem to have an upper hand because of its strong political and economic power for the past two centuries. The use of English Language in the fields varying from publishing, science, technology, commerce, diplomacy, air-traffic control and popular music, are drawn mostly by the aforesaid countries to forming a well known world language more popularly  [3]   English Language in the Globalization era . In the earlier times, there was an indication with regard to English as a world language, i.e., The International Herald Tribune, the former New York Herald Tribune described as The worlds daily newspaper (Phillipson 2001: 188-89). English language is perhaps the most well known language in the world spoken by native as well non-native speakers. Globalization is the buzzword the world is talking about and there are extensive literatures that relate to it but there is not much literature that specifically relates to globalization and the English language as much as the study on the global English is concerned (Ibid.). English competency is regarded as an essential tool for survival in the era of globalization, which is predominantly used in the computers when the world is largely interpreted through it  [4]  . The language of English is very popular worldwide that it has an immense role in specifying the dominance of communicators in the present globalization times that affects socio-cultural identities. The language of English is also a central part in the dominance of international politics and commerce  [5]  while also in the military links  [6]  and culture  [7]  (Phillipson 2001: 187). In the European Union too, there is much visibility on English being its dominant language, while in the central Europe the knowledge of English language is now a basic skill for a modern adaptability just like any other skills like driving a car or using a computer  [8]  . It is therefore acknowledgeable that English language is regarded as an international language that enable people to understand the ways of the world better and even communicate more smoothly  [9]  . It enables people belonging to different cultural background to come closer and to understand each other better through the communicative mode of interaction. English language is now regarded as the dominant language in the world, more popular than French because the latter is seen to be losing its ground of priority in its studies and in the everyday usage  [10]  . Further, Arnold (2006) stresses on issues as to how in the global world the English language implicates the non-English speaking culture or countries to construct itself to a form a global culture, while denoting that the globalization effect on socio cultural aspect is also caused by the colonization influences and power. Then there are instances where, about 6000-7000 spoken languages and many more sign languages and hundreds of languages across the national borders, in addition to the role of the monolingual speaking nation states that greatly affected the marketing systems and the consequent threatening affects caused by globalization (Phillipson 2001: 188-89). Critical aspects of English Language in the globalization era There are a lot of controversial issues as much as the conceptualization on English as the global language is concerned. Even though the language has marked its potency as an essentially standardized form in the speaking languages of the world, it has been critiqued for its limitations because it cannot be applied to every country or speaking communities in the world. Phillipson (2001) mentions that majority of the worlds citizens do not speak English, whether as a mother tongue or as a second or foreign language and as such, urges upon scholars to analyze things in this particular matter as to whether the English language really do serve the need of the citizens in the world or, if its use serve the better of everyone in the world if it is being considered as the world language. A lot of decisions that affect the worlds population are taken in English including the educational academics and including the scholars , and as such it is questionable as to whether it serves the interests of people in the world or whose interests does it actually serve? (Ibid.189). In addition, the colonial legacy in India is considered as capturing not only the regions economy and territory but in conquering minds that further states that the educational policy of the British was based to create A class of persons, Indians in blood and colour, English in taste, in opinion, in morals and in intellect (Ibid. 189). Likewise, we can find the dominance of the English language at every educational institutions and universities, as also of the distance educational policies and purposes. On critiquing the diffusion and domination of the English language, it entails that the promotion of one language (English) and one culture (the USAs) at the expense of others through linguistic imperialism with a system of production and ideologies brings about an economically expansionist and exploitative world order, while Agnihotri and Khanna (1997) argue for a need to shift language planning paradigms so that English would sustain and not destroy the multi-lingual ethos of India (Ibid. 193). While there is a prominent diffusion especially on the part of English language spreading throughout the world, it is also important to preserve ones language that incorporates its cultural settings. On account of this, it well known that apart from ones mother tongue there are numerous people who speak English which has an enormous effect on ones identity. In this regard, it has been argued that the cultural attachments in a language dies once there is a prominent and constant use of English while the local one diminishes, and as such, there is a need to stress to preserve linguistic diversity so that ones culture be prevailed (Arnold 2006) In the process of globalization, the World Bank also retains the usage and role of English as the pioneer of educational policy along with other transnational corporations including the European Union (EU), while there are certain corporations that aid and provide funding projects  [11]  in order to upgrade their business for the purpose of English and likewise, making use of English education for business purpose (Phillipson 2001: 190-92). David Blunkett, the British Minister for Education and Employment alleged that they make use of English language as a tool for economic development and competency, while they also intends to expand their culture overseas from the viewpoint of cultural globalization (Ibid.). With the globalization as the spark of the various ongoing factors between the world countries, even the usage of the present Information Technology (IT) characterizes English as the e-language of the world. English language being supposedly the language of electronic globalization at the present world was also the language of geographic globalization in the earlier times which has an impact on the related cultural imperialism (Arnold 2006: 2). This effect that it has on the colonized countries and their relative cultures is understood to have a negative impact as far as preserving ones original identity and culture is concerned. In this connection, it has been critiqued that English language as global language destructs the non-English speaking communities  [12]  , which is understood to be affecting their local cultures lives. It is therefore assumed that considering English language as a global form of language will be like one world: one dictionary or questions if it could al so mean one world: one language?  [13]   The British culture is considered as the most dominant in the cultural imperialism effect, as also because of the fact that it has influenced the culture of the world education that lines through Africa, America, Asia, and Australia; it has enabled to form a sort of community different  [14]  from its own cultural background (Ibid. 3). Hence, the English language is criticized on the base that it has led to a devalued form of our own languages in the community practices that involves our customs and beliefs, laws and preferred form of lives, which in turn has made our culture strayed from its original belonging. Nevertheless, the English language is considered as the strongest of all global influences as far as the diffusion of languages are concerned (Ibid.). The imperialistic attitude of English language in the globalization process is also seen at the two theories namely Exploitation Theory which is the imperialistic form of approach and the Grassroots Theory that takes a neut ral role in the cross border communication process  [15]   Impact of English Language on globalization and cultural homogenization After the II world war, the globalization effect brought with it the free trade agreement  [16]  that further led to transfer of goods and services (economic as well cultural); the economic front were the production, trade and transportation while the cultural transfer in the form of music, art, fashion and lifestyles, communication through World Wide Web and Language  [17]  . This aspect of goods and service transfer in the globalization process places English language as one important aspect, that in turn has a huge impact on the level of communicators linkages, locally and internationally, and this criterion makes English as the dominant form of communication process in the globalized world. With the globalization effect and the role of information technology that has ushered in, the earlier definition of geographic colonization has terminated to formation of an electronic globalization that has now role to play in the socio-cultural aspects of peoples life, in a way that geography does not matter anymore, however that, local lives can be lived and stretched out through electronic ways of communication and sharing ideas and knowledge (Arnold 2006). English language is predominantly used as the global mode of communication that has a greater affect in the global culture characterized by a form of modernized e-language throughout the diffusion of culture sharing. Hence, English language is characterized by its impact on the homogeneity and heterogeneity of world cultures despite being critiqued that it is based on its colonized mission and strategies that furthers the problem of non-English speaking communities. Its enables one to identify the different cultures that exist s in the world and also to view ones own within the cultural background and the diverse set of practices in the world on account of it. Redman (2002) have argued that, communities that express their languages and cultures are learning to become homogenized and for which English spans the divide between people and cultures. It isnt owned by Britain and America: now it belongs to everyone, in addition, Burnett (2004) argues that English language could belong to everyone and all the practices and cultures of other languages vanish or of no usage any longer (in Arnold 2006: 3). The globalization and technological intervention has brought about a most popular form of a web-based language- English language that has initially led to a formation of a new form of culture and language authenticity (Ibid.). Hence the web-based English language is intensifying the process of communication and in sharing world wide cultures across various communities. The role of English language has a great impact on various aspects such as political, economic-business, education, socio-cultural and other factors that vary from local to international perspectives. Its usage is like opening windows to the wider world that is believed to bring about economic progress and a better means of communicating for any kind of international understandings  [18]  . English language is taking over the world communicative process and hence, the local culture too (Arnold 2006). Arguing on a topic as to whether English language is a killer language or not, it has been observed that it is not necessarily a killer language because it acts in accordance to situation or dominance, while another important aspect of it is that, it does not merely impose applications of vocabularies to other countries; it has also been adopting itself to the expressions of other languages and cultures  [19]   Eventually it has led to the formation of a borderless world, a techno-driven on the global real/virtual basis of online connectivity, a global culture, often described as the culture of global village (Arnold 2006). According to Krishnaswamy and Brude (1998), the English language and its spread in the global world of developmental aspect after the two world war was that It is almost as if God said, Let there be language, and there was English, while it is also seen as a necessity and a form of key to success in the process of globalization (Kak 2005: 39) Conclusion English Language has brought about an immense cultural interlink age through the communicative process along with the role of the educational system that it hinges upon in almost the entire world. As such, it stages a relative importance in the sphere of globalization and cultural homogenization process. The mode of communication has greatly intensified the sharing of ideas and knowledge of the world cultures. The Information Age has made the means of communication a lot easier and the cultural homogenization stronger. It has globalized countries that inhabit their own cultural attachment through the diffusion of languages and most importantly specifying the dominance of English language in the process. Even though it has been criticized on account of the conflicts that arise because of heterogeneity or being blamed for devaluing certain cultural norms and practices, it has a great impact on the cultural homogenization in the form of blending knowledge, ideas and cultures through the effects of information and communication process, be it virtual or real and vice versa. The globalization era has therefore greatly enhanced the role of English language and its impact on the cultural homogenization enabling people to come closer beyond boundaries in the diverse set of different cultural backgrounds into forming a cultural homogenization.

Friday, October 25, 2019

Not the Sound of Silence Footnoting the Pop/Rock Sounds of the Library :: Essays Papers

Not the Sound of Silence Footnoting the Pop/Rock Sounds of the Library While in the University of Arizona's Music Library evaluating their reference collection for a class project, I came across the following book and annotated it for my pathfinder: Green, J. (2002). The Thematic Guide to Popular Music, Nashville: Professional Desk References. This massive guide categorizes music by lyrical theme(s) and/or song titles. For instance, there are listings of songs by days of the week, women's first names and cities around the world. The perennial themes of love, romance and relationships are broken down into 25 sub-categories. Paging through it spurred me to wonder about songs written about or songs referring to libraries or librarians. While there were song listings galore referring to books (e.g., "Book of Love" by the Monotones and "Little Red Book" by Burt Bacharach/ Hal David), librarians and libraries were not even a category, subcategory or even crossed-referenced! This void gave me the impetus to do my own brief exploration and survey, drawing upon the vast resources of the web, friends, and my record collection, of the brief instances where the music world danced in library land. Tori Amos-"Tales of a Librarian" Classmate and Health Science librarian Virginia Sanchez filled me in on this one. I looked it up on Allmusic.com and found it was a collection of her hit songs. The record reviewer MacKenzie Wilson even writes, "Tales of a Librarian: A Tori Amos Collection is not only one of the most intriguing titles for a hits compilation, but the package itself captures only the best from Amos' years spent with Atlantic." BiblioTech editor Lori Ito Hardenbergh recently mentioned that songs on this album are even organized according to the Dewey Decimal Classification (DDC) system! Check out the following link from Library Journal, which succinctly provides "an abstract" to her recorded tales: http://www.libraryjournal.com/article/CA341766 The Librarians A now defunct power-pop band from Oakland, CA who used librarian stereotypes as part their shtick. For example, their band logo includes an illustration of a pair of black-framed glasses with one shattered lens. A photograph of the same motif appears on the back cover of their lone CD (properly clogging the used CD racks of the Bay Area). While they do have a song titled "Peace & Quiet, " I would have bestowed them all with "Superstar Reader" awards if they recorded a concept album where every song had a library theme.

Thursday, October 24, 2019

Contract and Invitation

1. Offer 1. Offer means a proposal by a person in which he makes his willingness to enter into a legally binding contract for some conside ¬ration. 2. An offer is made with the object of getting consent of the offeree. 3. An offer can be accepted by the offeree. 4. An offer when accepted becomes an agreement. Invitation to Offer 1. An Invitation to offer means an intention of a person to invite others with a view to enter into an agreement. 2. An invitation to offer on the other hand is made with . An invitation to offer cannot be accepted by the person to whom it is made. 4. An invitation to offer cannot be accepted at all. 2. An offer / proposal are necessarily for the formation of an agreement. Section 2(a) of Contracts Act 1950 said when person signifies to another his willingness to do / to abstain from doing anything, with a view to obtaining the assent of that other to act / abstinence, he is said to make a proposal and invitation to treat means an invitation to make an offe r.A) There are many distinguishing between offer and invitation to treat. The first distinguishing is from meanings. Offer is an expression of willingness to contract on certain terms made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the offeree. Invitation to treat different with offer it means an invitation to make an offer. An invitation to treat is not an offer, but an indication of a person's willingness to negotiate a contract.Based on the case: COELHO v. THE PUBLIC SERVICES COMMISSION[1964] M. L. J. 12 In this case, the applicant, a Health Inspector under the Town Board, Tanjong Malim, applied for the post of Assistant Passport Officer in the Federation of Malaya Government Oversea Missions advertised in the Malay Mail dated 19 February 1957. Consequently, the applicant was informed that he was accepted and, after undergoing training, he was posted to the Immigration Office,Kuala Lumpur, where he remained unt il December 1958 when he was transferred to the Immigration Office at Johor Bahru. On 5 November 1959, the Secretary to the Public Services Commission in a letter addressed to the applicant as ‘Assistant Passport Officer on Probation' informed him that, following a report from the Controller of Immigration concerning his conduct in the irregular issue of certain passports, disciplinary action was being taken against him with a view to his dismissal.The applicant made representation as invited by the said letter and, on 24 December 1959, the applicant was informed that the respondent had decided that he should not be dismissed but that his appointment on probation be terminated forthwith by payment of one month's salary in lieu of notice. The applicant now moved the court for an order of certiorari to quash the decision of the respondents on the grounds of error in law, want of jurisdiction, and failure to observe the principles of natural justice. An order of certiorari is an order of the court directing that something be done; in this case, the court order applied for was one directing that the decision of the respondents be overturned). It was held that: 1. That the Malay Mail advertisement was an invitation to qualified persons to apply and the resulting applications were offers. 2. The information conveyed to the applicant was an unqualified acceptance to join the overseas mission and he so understood it.B) Second distinction between offer and invitation to treat is an offer maybe made orally in writing or by conduct such as example of an offer made by conduct is where a customer in a supermarket chooses goods and hands them to the cashier, who then accepts the customer's offer to buy. Invitation to treat may made by displaying goods in shop windows, on shelves, advertisement, tender / auction or a statement of price. Based on the case of: PHARMACEUTICAL SOCIETY OF GREAT BRITAIN v. BOOTS CASH CHEMIST LTD[1953] 1 A11 ER 482. In this case the Defendant was being charged for failing to comply with one of the Great Britain Laws, i. . The Pharmacy and Poisons Act, 1933 which stated that it was illegal to sell specified poisons without under supervision by registered pharmacist. The Defendant operated self-service shop where a customer may select any goods, which were being display in the shop. When the customer has picked the goods, after that, the payment was to be made at the cashier's desk. At the cashier's desk, the operator of the shop can't stop the transaction since the display of goods as regarded as proposal and when the customer picked the goods as regarded as acceptance, therefore, the self-service shop failed to comply the above-said law.The self-service shop operated according to the above-said law display of goods only be regarded as invitation to treat and the customer was the one who made the proposal. Later on, at the cashier's desk a registered pharmacist supervised the transaction and was given authority to refuse the contract of sale, if violated any provisions in the above-said law. It was held that the Defendant was not made an illegal sale since display of goods only be regarded as invitation to treat and the customer was the one who made the proposal.Later on, at the cashier's desk a registered pharmacist supervised the transaction and was given authority to refuse the contract of sale, if violated any provisions in the above-said law. C) Another is an offer have a termination. There is based on counter-proposal, by using notice of revocation, lapse of time, by failure of acceptor to fulfill a condition precedent to acceptance and by the death of mental disorder of the proposer. For an invitation to treat there is no circumstances or conditions to termination a proposal. The termination of proposal is based on cased:MACON WORKS AND TRADING SDN BHD v. PHANG HON CHIN & ANOR[1976] 2 M. L. J. 177. In this case, the defendants gave an option to A her nominees to purchase a piece of land. The option was exercisable only after one LK showed no more interest in the land. The plaintiff's, A's nominee, exercised the option and claimed specific performance. The defendant resisted, contending inter alia, that the offer had already lapsed. It was held that where no time was fixed, an offer would lapse after the expiration of a reasonable time (section 47 of the Contracts Act 1950).What is reasonable is a question of fact depending on the actual circumstances of each case and the nature of the business. Failure to accept within a reasonable time implies rejection by the offeree. D) Otherwise, an invitation to treat is an action inviting other parties to make an offer to form a contract and it just a first step to negotiate, or indication of a person's willingness to negotiate a contract but an offer is a creates a binding contract, subject to compliance with the terms of the offer. It refers to the case:M & J FROZEN FOOD SDN. BHD & ANOR v. SILAND SDN BHD & ANOR[1994] 1 M. L. J. 303. In this case that Siland Sdn. Bhd (the first respondent) was the registered owner of a piece of land which it charged to the second appellant, Eu Finance Bhd. Due to a default on the part of the first respondent, the second appellant applied to the senior assistant registrar (the SAR) and obtained an order for sale of the property by public auction. M & J Frozen Food (the first appellant) was the highest bidder and was pronounced the purchaser of the property.The first appellant paid a 25% deposit of the total purchase price as provided under the conditions of sale, while the balance of purchase money was to be paid into court within 30 days from the date of sale. However, this was not done. It was held that the provisions of the National Land Code 1965 showed that the sale at this juncture (at the fall of hammer) had only be concluded in the sense that the goods would no longer be offered for a sale to prospective buyers and the successful bidder could not be permitted to ret ract his acceptance.Thereafter, each party to the contract of sale must perform his part of the obligation and until then no executed or actual sale had been concluded. Therefore a reference to a sale being concluded at the fall of the auctioneer's hammer could only refer to that stage of the transaction of sale when there was concluded an agreement between the vendor and the highest bidder, the former to sell and the latter to purchase the goods. E) In addition, statement of price is not necessarily an offer because offer only has a termination on proposal between invitations to treat; statement of price is necessarily in an invitation to treat.It referred to the case of: HARVEY v. FACEY[1893] AC 552. In the case that the plaintiff telegraphed to the defendant, ‘Will you sell us Bumper Hall Pen? ‘ ‘Telegraph lowest cash price'. Defendant telegraphed in reply ‘Lowest price for Bumper Hall Pen $900. The plaintiff then replied ‘We agree to buy Bumper Hall Pen for $900 asked by you. Please send your title deeds. No reply from the defendant. Plaintiff claimed that there was a contract between himself and the defendant. It was held that there was no contract. The second telegram was not an offer but in the nature of an invitation to treat.The final message could not be looked upon as an acceptance. F) Offer involved one party (unilateral) or more parties (bilateral). Bilateral contract is an agreement in which each of the parties to the contract make a promise or promise to the specific person and public at large. On the invitation to treat it only involve to the one party (unilateral). It means that only one party, make an offer but it depends to a person to form a contract. It based on case of: CARLILL v. CARBOLIC SMOKE BALL CO. LTD[1893] 1 QB 256.Facts of the case that the defendant made an advertisement in the newspaper where the defendant willing to pay 100. 00 Pounds to anyone who still suffering influenza after taking the medici ne according to the prescription sold by the defendant. On top that the defendant has deposited 1000. 00 Pounds in the special account in the Alliance Bank for the above-mentioned purposes. The plaintiff used the above-said medicine, unfortunately, she still suffering the influenza. Then, the plaintiff asked for the compensation that had been promised by the defendant in the newspaper.It was held that the plaintiff was entitled for the promise that amount 100. 00 Pounds made by the defendant since the defendant's advertisement being considered as proposal addressed to public at large and the plaintiff has accepted the proposal by purchased the medicine and used the medicine according to prescription. The defendant advertisement being considered as proposal because in the advertisement there was an element of willingness where the defendant has deposited money that amount 1000. 00 Pounds in special account in the Alliance Bank for the above said purposes.G) The offer must be communic ated to the offeree if the offeror want to revoke his or her proposal before it can be accepted and the offeror will bind to a legal after the acceptance but invitation to treat there is does not communicated before the acceptance and the invitation to treat can revoke anytime without mention to another party. It based on cased: BANQUE PARIBAS v. CITIBANK NA[1989] 1 M. L. J. 329, CA. In this case, a company, Selco Salvage Ltd, wrote a letter dated 14 October 1985, offering to sell to the respondents the salvage claims in respect of nine vessels.By a letter dated 31 October 1985, Selco offered to sell to the appellants salvage claims in respects of five vessels which were also part of the nine salvage claims offered for a sale in their 14 October 1985 letter to the respondents. The appellants accepted the offer and purchased those five salvage claims. Subsequently, on 7 November 1985, Selco again wrote to the respondents offering to sell their salvage claims in respect of four vessel s which were listed in the 14 October 1985 letter.They further stated in their letter that ‘ this letter will supersede our previous letter dated 14 October 1985'. The respondents accepted the offer and purchased the salvage claims regarding these four vessels. A dispute arose between the appellants and the respondents as to the ownership in respect of the five salvage claims and the respondents claimed that on 20 November 1985, they had purchased the five salvage claims without any notice of the appellant's prior purchase of them from Selco.The respondents agreed that although they purchased the salvage claims of four vessels on 7 November 1985, Selco's offer to sell the balance five salvage claims contained in the 14 October 1985 letter still remained open and available for acceptance by them, and that they finally accepted the offer on 20 November 1985. It was held that the 7 November 1985 letter written by Selco to the respondents contained the vital paragraph namely, â₠¬Ëœthis letter will supersede our previous letter dated 14 October 1985'.The only meaning one can give to this paragraph is that the 14 October letter had been replaced or substituted by the 7 November letter. The effect of that is any offer contained in the 14 October letter which had not been accepted had been withdrawn. Selco had, on 7 November 1985, in clear and unequivocal terms, withdrawn or cancelled the offer contained in the 14 October letter and henceforth there was no offer which remained upon and available for acceptance by the respondents on 20 November 1985 or any other date.Where the communication of acceptance is made by the acceptor through a course of transmission such as post, telegraph, telegram, then the communication of the acceptance is deemed complete as against the proposer, when it is put into a course of transmission to him, so as to be out the power of the acceptor. Read more: http://wiki. answers. com/Q/Difference_between_offer_and_invitation_to_offer_is #ixzz252JB0My1 3. As per the Halsbury's Laws of England. an offer is an expression by one person or group of persons, or by agents on his behalf, ade to another, of his willingness to be bound to a contract with that other on terms either certain or capable of being rendered certain. [Halsbury's Laws of England- Para. 632] An invitation to offer, on the other hand, may also be called an invitation to treat (as it is, under English Law) and merely indicates the interest of one party to enter into negotiations and is by no means supposed to form a binding contract. [Halsbury's Laws of England- Para. 633 4. Difference between AN OFFER and an INVITATION TO TREATAn invitation to treat is to be distinguished from an offer as it merely indicates a willingness to deal but does not display an intention to be bound. Broadly speaking, an invitation to treat is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer whilst an offe r is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the â€Å"offeree†.The indication of willingness to enter into a contract may manifest itself in a variety of ways. The indication can be contained in a letter, a newspaper, a faxed document, an e-mail or it may even be inferred from someone’s behavior. An offer is something which must be done or refrained from being done which is accepted to become a contract. For example, you offer your car for sale for a price say for $9,000. 00, your offer to the world at large is $9,000. 0 consideration for your car. Your term is simply if you give me $9,000. 00 you can have my car. An invitation to treat simply means an invitation to make offers, so using the example above; if instead of the price you just said – â€Å"offers considered† that become an invitation to treat, then you are i n a position to accept or reject offers. It is important to distinguish between an offer and an invitation to treat.

Wednesday, October 23, 2019

School Health Plan

School health programs are becoming more and more popular as health concerns grow. Students need to be aware at younger ages of the concerns that face our society, and the ways that they can combat these concerns through good health knowledge. Several school districts have implemented comprehensive health curriculums and programs, and many states have standards regarding health education. The following articles detail different health programs and concerns. In Michigan, there exists state content standards in the area of health education. The Michigan curriculum calls for health education to occur at least 50 hours per year from pre-kindergarten through twelfth grade, with a curriculum that is developmentally appropriate at every level and builds on skills and knowledge each year. Further, it calls for school staff to collaborate on healthy behaviors with the school health teacher, so that health can be a priority within the school. The article suggests that classroom teachers, gym teachers, cafeteria workers, classroom teachers, and other professionals work together to help students with healthy behaviors and knowledge (Michigan Board). There is a general concern that although students’ unhealthy behaviors are fewer than they previously were, there are still too many students who are engaging in these unhealthy behaviors. The target behaviors the program is looking at are healthy eating, physical activity, social/communication, sexual behavior, alcohol and drugs. The program aims to teach students specific knowledge about how certain behaviors can be harmful, and how they can make healthier choices. It also aims to teach them general health principles and how to apply these in social, school, and family relationships (Michigan Board). This curriculum is to be taught by qualified health instructors. A qualified teacher will have a certification in health education or family and consumer science, in addition to a teaching license, and/or will have undergone another type of training program. The teacher will not act alone, but will collaborate with other teachers in the building in order to incorporate healthy choices into all aspects of the school day. The article is careful to say that this collaboration must not take the place of health classes, but must be in addition to them (Michigan Board). The article’s research shows that students who are involved in effective health classes show fewer risk behaviors and more pro-social behaviors. They are also more on-task in the school environment and less likely to be distracted by health problems (Michigan Board). Two professors of health education wrote an example lesson plan for integrating health into the math curriculum. Students can study the number of fruit and vegetable servings needed in a day, and can practice adding and subtracting the number of servings needed depending on how many have been eaten so far. They can also look at what constitutes a serving, and some basic nutritional information about different fruits and vegetables. This lesson neatly involves both math and nutrition, and ends with students being able to taste fruits and vegetables that they have brought in from home. Lessons like this can be created to integrate health into any subject area (James and Adams). Different student groups have different needs, and educators have different concerns for them. For example, students with special needs may have certain dental concerns that typical students don’t have. Students with disabilities may experience drooling, teeth grinding, problems swallowing, or have to take a lot of sugary medication. There are several other oral issues that may affect them as well, depending on the disability. What’s more, these students may not have the comprehension, or physical skills to engage in typical oral hygiene, and their caretakers may not see it as a priority. For that reason, health teachers need to emphasize the role that oral hygiene plays for these students, and encourage either them or their caregivers to help them maintain good oral health, as appropriate. Health teachers can also help these students to obtain proper dental care and, if necessary, orthodontic care (Perlman and Miller). The authors outline a program that can be implemented for each student to encourage good oral hygiene. Students should be given reinforcers when they complete the target behaviors, i. e. brushing, flossing, etc. This plan can be implemented in a variety of ways to encourage good oral health (Perlman and Miller). Other states have different issues with health care. Texas, for example, has been having problems paying for teachers’ health plans. They have recently begun offering teachers an additional $1000 that can be used for additional health care coverage, or whatever else they want. This is only one measure that is necessary to help the people make good health decisions. Having enough money to pay for health costs will enable people to have more options (Keller). Texas is not the only state that is having problems, however. Many school districts are having issues in negotiations over health care, including districts in Ohio, Wisconsin, Rhode Island, and New Jersey. Money is tight in all of these districts, and teachers in some cases are going on strike to protect their rights to health care and appropriate salaries. Funding is a serious issue in the area of health care right now (Ponessa). Another major concern in the area of health is that teenagers don’t have enough access to health care, especially preventative services. A recent article details the problems. Students whose families do not have health insurance cannot afford to see regular doctors. Even though who do see regular doctors are at a possible disadvantage, because the doctors are not trained to handle actual preventative care, such as weight loss counseling, cholesterol reduction counseling, sexual health screenings (including for STDs and more routine Pap smears for women), quitting smoking, and HIV awareness. Doctors address these issues in less than 5% of cases in which students go to the doctor for preventative care purposes (Santelli et al). Additionally, teenagers do have access to certain specialized clinics, like public health clinics, Planned Parenthood, etc. Even teens without insurance can go see doctors at these places, but again, preventative care is rare. Also, many of these clinics are set up for adults, and may not be friendly to the teens who enter them. Instead, more health care options need to be available to teenagers so that they can take advantage of preventative care and make healthy decisions with their doctors. Teens see doctors as a reliable source of information, and they trust doctors, so it is obvious that doctors need to be involved in this situation (Santelli et al). Ideally, the authors think, schools should provide health services, because: â€Å"School health programs provide health services, health education, a healthy school environment, social and psychological services, physical education programs, school nutrition program, health promotion for teachers and staff, and integrated efforts with parents and the community† (Santelli et al). That is, schools can provide a totally comprehensive program, which reaches out to all aspects of a student’s life. School-based programs can increase access to health services for students who need them most, including poor and minority students. There is not yet any consensus on how and why schools should provide these services, but the opportunities and benefits are obvious. In addition to reaching certain populations of students, schools also feature a captive environment for students. This means that the delivery of services is easier, since students are already there, and spend several hours in school everyday. For students who may live several miles from the nearest public clinic, school-based services are much more convenient, and much more likely to draw students in (Santelli et al). The study then looks at which health programs are effective, and why. Schools and managed care operations will not want to provide services if they are not cost effective, so the study of benefits is important. One finding is that traditional hearing and vision screening is not particularly beneficial, as these conditions are not considered a threat to the school population. However, newer research shows that when schools attempt to vaccinate students, they are able to get up to 75% to participate. Along these lines, should a contagious disease (like measles) break out among students, schools can quickly identify the source, and vaccinate and/or treat students to stop the spread. Additionally, there is some evidence that STD screenings and pregnancy-prevention education has reduced the spread of STDs and the number of teen pregnancies. The authors recommend that local public health concerns be taken into account when schools are choosing what services to provide (Santelli et al). Schools and managed care organizations continue to be concerned with cost. Because no true studies on cost effectiveness are available, researchers have had to look at how well programs have done in changing behaviors. Also, health expenditures for major issues, like hospitalizations related to chronic conditions or STDs, pregnancy, etc. ay mean that organizations cannot stretch funding to provide appropriate preventative care, even after acknowledging that doing so may reduce these costs. So, further research on cost effectiveness and ways to treat adolescents is needed (Santelli et al). Examples of communities where health programs have been put in place successfully are possibly a mong the most encouraging stories available. A community in Michigan had low attendance rates and test scores, and high dropout, teen crime, teen pregnancy, and suspension rates. Their goal was to turn the school community around. To do so, they consulted community members, and ultimately settled on a plan that reflected Maslow’s hierarchy of needs. They offered better school lunches, more physical education, more health education, counseling services, health screenings and partnerships with local doctors, free daycare for teen parents, and preschool programs for three and four year olds. Over a five year period, the school saw a significant rise in attendance and graduation, and a significant drop in crime rates, dropout rates, and more. Test scores rose as well, because students were feeling better and were better cared for within the school. This community shows that by focusing on the students’ real needs instead of test scores, they were able to improve the quality of their programs and their positive effect on students’ lives (Cooper). The final article looks at how to create a health plan within a school, specifically relating to individual student needs. Many students have chronic health concerns, such as epilepsy or diabetes. In treating student health concerns, schools must be aware of any existing medical conditions their students have, and be prepared to treat them as needed. This includes administering any necessary medication, as well as knowing any specialized emergency procedures (EP). II. School Health Plan In developing a health plan for my own school building, I am looking to all of this research to see what is appropriate. First of all, it is obvious that the school needs a health program, because these show a significant benefit to students at all levels and in all areas of their lives – social, academic, health-wise, etc. When proposing this plan to school employees, the board of education, and the community, I will refer to these studies to show the need for such a plan. First, all students within the school need to have health education on a continuing basis. That is, health education should ideally be offered for about ninety minutes per week (three thirty-minute sessions) throughout the school year. In secondary schools, where schedules are more limited, health education should be offered everyday for one semester per year. Health classes will begin in kindergarten and carry through twelfth grade. Topics are to include current nutritional guidelines, selecting and preparing healthy meals, the role of physical education in health, anti-smoking, anti-drugs, frank information about teen sex and its consequences (to include HIV, all other STDs, pregnancy, and also social/emotional concerns), alcohol consumption, pro-social behavior, eating disorders, and any other community concerns. No students should be excused from these classes unless parents insist on religious grounds. Additionally, all students should attend physical education everyday from kindergarten through twelfth grade. Younger students need only twenty minutes; older students (middle school and high school) should have thirty minutes. Physical education must cover not only the basic sports, but also alternative fitness activities, like weight lifting, swimming (if there is access to a pool), walking, cardio equipment, etc. Physical education should take into account each student’s needs whenever possible (i. e. if a student is already physically fit, more opportunities can be given; if a student is overweight, starting slow should be allowed). Physical education teachers should coordinate with coaches of intramural teams, and encourage all students to participate. Some of these teams should be non-competing. The school should also offer health and counseling services. All students should be screened for any diseases that are spreading within the community (STDs, meningitis, pertussis, etc. as necessary) and immunized if appropriate. Students should also be offered the opportunity to see the school nurse (one should be in every building; ideally, one per every 400 students) if they are ill or have other health concerns. Preventative care should be emphasized and available, especially for athletes. Counseling should be available for any students with concerns about eating disorders, suicide, depression, relationship difficulties, abuse, unwanted pregnancy, or any other reason. Students should be encouraged to seek help if they need it, and if other students report that someone needs help, counselors should follow up with that student within the week. Anonymous reporting should be available for students who are concerned about others. Special programs for students who are seeking to quit smoking, alcohol or drugs, or who are pregnant should be provided. If possible, free daycare should be provided to keep teen parents in schools. Finally, any and all students who have health concerns or preexisting conditions should be able to get whatever help they need, whether it’s a permanent bathroom or nurse pass, or scheduled times during the day to take medication. All school personnel involved with the child (classroom teacher, nurse, special teachers, etc. ) should be aware of the student’s health concerns, including emergency procedures and allergies. With this plan in place, students should have their needs met in all different ways, and this will increase their focus in the classroom setting.