Thursday, November 28, 2019

Managing Employee Relations Essay Example

Managing Employee Relations Essay Section 1: Evaluate three major external constraints placed upon your Organisation’s approach to employee relations (1,018 words) Section 2: Analyse management’s approach to employee relations in your organisation making reference to appropriate academics models (1,023 words) Section 3: Evaluate whether the approaches identified in Section 2 above are the most effective for your organisation in the near future (3-5 years), justify any recommendations you make for a different approach (1,043 words) Introduction This report is in three sections. The first section outlines the external constraints that impact upon employee relations within the organisation. A brief summary of this organisation can be found within Appendix 1. The second section outlines management’s approach to employee relations and the final section evaluates the effectiveness of this approach. External Constraints on Employee Relations Three key external constraints on employee relations within the organisation are recognised trade unions, legislation and competition. These constraints have been chosen as they are all very different to each other and impact upon the organisation in very different ways. Trade Unions Trade unions are recognised within an organisation as representing of all, or a group of employees for the purpose of jointly determining the terms and conditions of employment (Salamon, 2001). There are three unions that are recognised by the organisation for the purposes of collective bargaining. These unions represent the 3 main groups of staff. Those on a local contract are not represented by a recognised union. We will write a custom essay sample on Managing Employee Relations specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Managing Employee Relations specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Managing Employee Relations specifically for you FOR ONLY $16.38 $13.9/page Hire Writer These unions negotiate on a national basis to determine the national framework of pay and conditions of members. (Farnham, 2000) These negotiations are an external constraint to the university, as they determine amongst other things, the level of the annual pay award. The impact on employee relations of these negotiations depends upon whether the university wishes to adopt national recommendations or choose to negotiate locally on a variation. For example if the pay award could not be afforded by the organisation. Should funding be available, then relations between employee and employer will not be affected, however should the funding not be available for the size of the award agreed, then this can cause problems with employee relations and can lead to the unions going into dispute with the university. (Farnham, 2000) This can lead to industrial sanctions being taken by the union and its members. This occurs because it is believed that this is the only by imposing their unilateral power on the management that the unions can achieve their employee relations objectives. The form of industrial sanctions can include * Working to contract Going Slow * Strikes The impact of these industrial sanctions on the organisation would be that students do not get the lectures they require for their degrees or that assignments go unmarked or marks unrecorded. In the long-term this may impact upon reputation and have a long term effect on recruitment and marketing as well as impacting on relations between emplo yees, employers and unions. Legislation Legislation is an external constraint that affects organisations. It is concerned with * the relationship between employer and employee * the relationship between employer and union and the relationship between the union and its membership (Rose, 2001) One recent piece of legislation that has recently come into affect is that of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. This legislation, which came into force on 1st October 2002, required institutions to reduce significantly the use of these contracts. The Bett Report (The Report of the Independent Review of Higher Education Pay and Conditions – June 1999) recommended that institutions review carefully the reasons for such contracts in order to limit their use. The purpose of this legislation is: to protect employees on fixed-term contracts from being treated less favourably than comparable employees on indefinite contracts * to prevent the pot ential abuse of continuous use of fixed-term contracts by limiting the overall duration of a series of fixed term contracts to 4 continuous years after which the contract automatically becomes indefinite The organisation depends on a range of funding sources, all of them variable and insecure. It needs to make full use of modern and flexible work organisation and to adopt patterns of work that will fit challenges in the future. One group of staff that this affects particularly is sessional lecturers (hourly paid teaching staff). These staff are employed year on year to deliver an agreed number of teaching hours. This group of staff is used to give the university flexibility. Sessional lecturers have commonly been used to cover absences. The impact of this legislation is that sessional staff, who have been with the university for over 4 years, have been offered indefinite contracts, whereas staff that have durations of less than 4 years have not. The impact of this is to cause a poor relationship between employer and employee and as such the number of grievances are on the increase. Competition The extent to which the market influences employee relations and styles depends upon competitive pressure and customer pressure (Marchington amp; Parker, 1990; cited by Rose, 2001). Lack of competitive pressure can dictate terms to the customer because of the absence of alternative suppliers. The existence of competitive pressure may influence management styles as the organisation may have to make decisions affecting the workforce, including possible redundancies (Rose 2001). Customer pressure is dependent upon customer demand and customer profile. The more stable the demand by customer, and the more predictable the customer profile, the easier it is for managers to predict what is going to happen and therefore make the necessary changes to the workforce (Rose 2001). For many years The organisation has been the sole provider of business courses within the city. From September 2002, a competitor has emerged. This now means that the two organisations are now offering similar courses and thus competing for the same students. There are only a certain number of students wanting to go to study. Given this, it means that there will be a risk of fewer students going to the organisation to study their business courses. As Rose stated above, the competitive pressure is being increased on the university and this in turn will have an impact on employee relations. Fewer students on courses would mean less funding for the university. One option may include reducing the number of staff, or the number of hours each member of staff works. Analysis of Managements Approach to Employee Relations This section of the report will identify the current approach by management to employee relations within the organisation. Employee relations can be defined as â€Å"the study of the regulation of the employment relationship between employer and employee, both collectively and individually, and the determination of substantive and procedural issues at industrial, organisational and workplace levels† (Rose, 2001) Management style can be defined as â€Å"a distinctive set of guiding principles, written or otherwise, which set parameters to signposts for management action in the way employees are treated and particular events handled. Management style is therefore akin to business policy and its strategic derivatives. † (Purcell, 1987; cited by Salamon, 2000) Therefore it is management style that dictates the boundaries and direction of acceptable management action in its dealing with employees (Feltham, 2000). Pluralist Approach Management approach within the organisation has a pluralist perspective. A pluralist perspective believes that * there are rival sources of leadership and attachment within organisations * conflict can be functional if recognised and contained within the organisations procedures e. . ‘creative tensions’ * trade unions are legitimate, useful and an integral part of the organisation (Feltham, 2000) The staff within the organisation are made of 4 staff groups. Each of these staff groups have different terms and conditions and as such the organisation is in a ‘permanent state of dynamic tension’ (Salamon, 2000), this, together with perception of role, purpose a nd value (teaching versus non-teaching, faculty versus centre, school versus faculty) result in the conflict of interest between the various groups of staff. Within the organisation, there are 3 recognised unions; these unions represent the different groups of staff with the organisation. Local contract staff are not represented collectively by a union, it is up to individuals to join a union on an individual basis and as such do not have any collective bargaining rights with the organisation. Individual bargaining is in effect. The unions negotiate nationally the pay awards for their members and agree the best terms and conditions for their members The model defined by Dunlop (1958) and later modified by Woods (1975) identified the inputs that go into employee relations, including the actors, contexts and ideology that form the employee relations system. The processes which have been implemented and the outputs that exist are highlighted by the model. Internal and external conflicts are represented by the inputs, whereas conflict resolution is represented by the outputs. With reference to the organisation, the actors are the managers, the employees and the various legal bodies. The political, legal and economic contexts influence the various processes that happen within employee relations, such as conciliation, arbitration, negotiation and bargaining. Sources of conflict within the university could include new working practices (for example those introduced because of the use of new technology), rising absence levels, bullying and harassment. the organisation have very clear employment relations policies, including disciplinary, grievance and capability. These policies are written to promote good practice, to comply with legislation, and to provide a positive ethos. Soft Approach the organisation has a soft approach human resource management. The soft approach sees employees as valued assets and are proactive and capable of development, worthy of trust and collaboration, through participation and informed choice. (Legge, 1996) This is because the organisation has a strong emphasis on developing and multi-skilling its staff; it recognises unions and values them as assets of the organisation. Management expects employee commitment and gains this through strong leadership, communication and motivation. Rose 2000) the organisation is currently in the process of realigning its staffing profile, to meet the needs of the students, its customers. For example, the demand for one type of degree programmes is declining, whilst the demand for another is on the increase. To overcome this problem, the organisation would first consider the re-training of lecturers from one discipline to another, in preference to a harder solution such as redundancy. Descriptiv e-Functional Model Personnel management within the organisation can be described as following the ‘descriptive-functional’ model (Rose, 2001). This model defines personnel management in terms of the functions it actually serves, rather than what these functions should be. Torrington and Hall (1987) describe this as a series of activities which: enable working people and their employing organisations to agree about the nature of their working relationships and it also ensures the agreement is fulfilled. This model is most common in a pluralist organisation. Under this model, the personnel department is a mainly administrative based personnel department that is more reactive rather than pro-active. Consultative Style Purcell and Sissons (1983) identified five typical management styles; authoritarian, paternalistic, consultative, and constitutional and opportunist. The consultative style describes an organisation that operates through a mixture of formal and informal mechanisms in its employee relations, but both are based upon forward planning and pro-activity in managing people. Trade unions are considered to be partners and are central to communication process as well as representing employees’ opinions. the organisation fits into the consultative style where trade unions are used on a regular basis to assist with problem solving. Staff are consulted and asked for their opinions through the use of staff questionnaires and focus groups. In summary the organisation, as a pluralist organisation recognises trade unions as being a useful part of large organisations. Conflict is inevitable, but is functional within the context of the university, it is therefore necessary to structure and accept it. Sophisticated Modern Approach Fox (1974) identified six sub-categories of patterns of employee relations management. The style the best represents the organisation is that of ‘Sophisticated Modern’. Sophisticated Moderns are described as accepting a trade union presence, even though this may limit managements’ perceived freedom of decision making. There is a strong emphasis upon the development and operation of formal and informal procedures on order to handle and resolve conflicts of interests. (Rose 2001) Procedures are in place within the organisation for dealing with issues such as poor attendance, managing performance, capability or gross misconduct. These procedures are detailed in the employment handbook and require a series of meetings between managers, employees and personnel staff. Evaluation of the Effectiveness of Managements Approach to Employee Relations in the Near Future In order to evaluate managements approach to employee relations in the next 3 to 5 years, the challenges and factors that will affect employee relations need to be identified. These challenges can be summarised as financial pressures, implementation of a new HR Strategy (including job evaluation and a reward strategy) and EU and government regulations. Hard versus Soft Approach Funding from the government, within the sector is likely to follow the trend of gradual decline over the coming years. With less money, the soft approach (Legge, 1996) to employee resourcing becomes under pressure. the organisation would have to start looking at a hard approach, and to start treating its employees as expense of the organisation. The ‘hard’ model emphasises the importance of integrating human resource policies with the business strategy. (Rose, 2001) The hard approach sees human resources as passive and reactive rather than creative and proactive. (Storey, 1987; cited by Rose, 2001). This approach is used by organisations to become more competitive, to become a market leader. Management would put the business first and the employees second. In this situation, re-profiling of staff through retraining and natural wastage would not be able to continue in the current fashion. Management would need to consider downsizing issues such as effectiveness, value etc. (Staff are the highest cost within the organisation ? 65m, from a turnover of ? 110m) Other methods that management may look at, as a way of saving money, include not paying the cost of living award to staff and not paying overtime. All these methods heavily impact upon the employee relations within the organisation. The impact of this approach could be a loss in motivation by staff, an increase in staff turnover and an increase in the sickness levels. The hard approach may also be adopted to increase the organisation’s position competitively within the higher education sector, together with an improved marketing strategy, which would in turn improve student numbers, and thus increase funding. (Funding for universities is directly related to the number of students) Recommendation: That a harder approach to human resources be implemented, through integration of the human resource strategy with the business strategy. This will give the university competitive advantage, should the funding continue to decline. Pluralistic versus Unitary Approach The continuing involvement of EU and UK legislation in the areas of employee rights and allocation of financial resources requires the organisation to operate a pluralist approach to employee relations, in order to agree policies and processes with the unions. This is the process used to implement new legislation. Moving towards a unitary perspective would require the organisation to take on a paternalistic approach. However, the paternalistic approach requires the employer to take a ‘fatherly’ interest in its workforce. These organisations are described by Rose (2001) as neo-paternalistic. This is practised by organisations such as Marks and Spencers and tends to be the style of non-union companies which display a sense of caring, high growth, single status and profit sharing (Blyton and Turnbull, 1998 cited by Rose, 2001). the organisation has a heavily unionised workforce, a lack of profit and as such would not be able to fully adopt this paternalistic/unitary approach. However, the organisation should strive to build a more effective, â€Å"high performing† culture over the coming few years, by smoothing the differences between teaching and non-teaching staff, to see each others as equals, to make things better. Recommendation: That the organisation begins a move towards a more unitary approach by removing some of the differences that are apparent between the teaching and non-teaching community’s. the organisation currently has 3 unions representing various groups of staff. These unions currently represent the organisation staff independently of each other, negotiating separately for their own staff. This is a time consuming method and one way forward for the university is for these unions to form a single bargaining unit and to operate single table bargaining. Single-table bargaining is the process whereby there is one set of negotiations between unions and the employer, in a multi-union setting, covering both manual an non-manual workers. (Rose, 2001) Single-table bargaining allows for all unions to keep their recognition status. The single bargaining unit would consist of representatives from each union and could be used for information and consultation. Single-table bargaining would give management the following advantages:- * To make the bargaining process more efficient, remove potential sources of conflict within the organisation and to build trust and co-operation of between management and the unions * To support changes in working practices * To achieve consistency between different groups of staff (Salamon, 2000) This process would look at harmonisation of terms and conditions between the groups of staff, for example the hours per week, holidays and sick leave and would reflect what is happening nationally. However the problems that may be encountered if single table bargaining is bought in, include:- * Unions needing to have a common bargaining strategy, which would mean that, any differences that existed between them would have to be resolved. * The status differences that exist between groups of staff; academics and non-academics; manuals and non-manuals * Management not being able to reward specific groups of staff who are making above average contributions to the organisation As many of these issues are those that nationally are trying to be resolved, then single table bargaining seems a natural way forward at the organisation. Recommendation: That single table bargaining be considered at the organisation, to facilitate the process of harmonization of terms and conditions. Consultative Style There is pressure from the sector for all institutions to implement a job evaluation scheme. National negotiations between unions are also working towards a new pay modernisation framework. The outcomes of these negotiations will need to be implemented within the next 5 years. The effect of these changes on employee relations will depend upon the individual concerned. Some staff may gain an increase in pay, whilst others may have their pay frozen for a period of time. the organisation currently has a consultative style (Purcell amp; Sissons, 1983), whereby the unions are central to the communication process. This will need to continue, in order that these outcomes are implemented. Recommendation: That the consultative style of management be continued. Conclusion From this report it can be seen that managements approach to employee relations over the next 3 to 5 years may need to change in order to increase he competitive advantage of the organisation. These changes can only be implemented if management, staff and unions all work together for the benefit of the organisation. Bibliography Blyton, P. amp; Turnbull, P. (1998) The Dynamics of Employee Relations. London, Macmillan Fox, A. (1974) Beyond Contract: Work Power and Trust Relations. London, Faber and Faber Feltham, D. (2000) Employee Relations in Context, 2nd edition, CIPD Legge, K. (1995) Hu man Resource Management: Rhetorics and Realities, London, Macmillan Marchington, M. amp; Parker, P. (1990) Changing Patterns of Employee Relations. London, Harvester, Wheatsheaf Purcell, J. amp; Sisson, K. (1983) Strategies and Practice in the Management of Industrial Relations, Journal of Management Studies Purcell, J. (1987) Mapping Management Styles in Employment relations, Journal of Management Studies, 24(5) September Rose, E. (2001) Employment Relations, London, Financial Times Prentice-Hall Salamon, M. (2000) Industrial Relations, London, 4th edition, Financial Times Prentice-Hall Storey, J. 1987) Developments in the Management of Human Resource Management: an interim report, Warwick Papers in Industrial Relations, no 17. Coventry, University of Warwick Torrington, D. amp; Hall, L. (1987) Personnel Management: A New Approach, London, Prentice-Hall Tyson, S. (1987) The management of the personnel function, Journal of Management Studies, 24(5) Woods, S. J. , Wagner, A. , Armstr ong, E. G. A , Goodman, J. F. B. amp; Davis, J. E. (1975) The Industrial Relations System concept as a basis for theory in industrial relations, British Journal of Industrial Relations, vol 13, p295

Wednesday, November 27, 2019

Gray vs. Grey

Gray vs. Grey Gray vs. Grey Gray vs. Grey By Maeve Maddox A reader asks, Would you please explain the variation in spelling of the word gray vs. grey? Short answer: gray is standard American spelling and grey is British spelling for the same color. The spellings have bounced back and forth. The Old English stem was spelled grÇ £g. According to the OED, †The variation between spellings in ei, ey, etc., and in ai, ay, etc., in later Middle English results from the general Middle English merger of the ei and ai diphthongs.† Examples of spellings that evolved from the merger are clay, gray, grey, and whey. In Dr. Johnson’s 1755 dictionary, the entry for the adjective is spelled gray: â€Å"white with a mixture of black.† A note in the OED describes an informal inquiry made in 1893 that found differences among the usage of British publishers: the printers of The Times stated that they always used the form gray; Messrs. Spottiswoode and Messrs. Clowes always used grey; other eminent printing firms had no fixed rule. Many correspondents said that they used the two forms with a difference of meaning or application: the distinction most generally recognized being that grey denotes a more delicate or a lighter tint than gray. Others considered the difference to be that gray is a ‘warmer’ colour, or that it has a mixture of red or brown.’ Various attempts have been made at different times to establish different colors for gray and grey. Here’s one from 1867: G. W. Samson Elem. Art Crit. v. i. 483.  Professional, if not primitive English usage has made a distinction between gray and grey. The spelling gray may with propriety be employed to designate admixtures in which simple black and white are employed. The form grey may indicate those admixtures which have the same general hue, but into which blue and its compounds more or less slightly enter. Individuals may prefer one spelling to the other, but the rule is, American spelling gray; British spelling grey. Note: The grey in greyhound has nothing to do with the animal’s color. The OED tells us that this grey is â€Å"apparently a first element cognate with Old Icelandic grey, â€Å"bitch.† The Old Icelandic word for a female dog is greyhundr. In English the word came to mean a particular kind of dog: A breed of fast-running, keen-sighted dog having a long slender body and head and long legs, long used in hunting and coursing, and now used in racing; a dog of this breed. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:How Many Tenses in English?Proved vs. ProvenThe 7 Types of Possessive Case

Sunday, November 24, 2019

Contract Law The WritePass Journal

Contract Law Introduction Contract Law : 316). In spite of this, the practical application of economic duress has been subject to much confusion and it has been questioned when, if ever, renegotiations should be enforced. It would seem, under the doctrine of consideration, that renegotiations can never be enforced on the basis that no additional consideration supports the promise to pay more or accept less (Chen-Wishart, 2012: 316). Under the promissory estoppel doctrine, the promise to pay the same for less can be enforced in limited circumstances, though this does not apply if illegitimate pressure has been exerted. Therefore, if it can be demonstrated that illegitimate pressure has been applied to the renegotiation of a contract, that contract will not be enforceable. Because commercial contracts are extremely competitive, it is likely to be the case that some form of pressure will always be applied. Though the question to be determined is whether the pressure that has been applied is legitimate or not. This is likely to be ex tremely problematic and thus cause a great deal of complexity for the courts. As exemplified in the cases above, threats to blacklist a ship and refuse its release may constitute duress. Further examples of where economic duress has occurred can be seen in the cases of North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 and Pao On v Lau Yiu Long [1979] UKPC 17 where threats to terminate a contract in the absence of a renegotiation is also illegitimate unless it can be legally justified. What will be deemed legally justified is largely a matter to be determined based upon individual facts and circumstances, though there is likely to remain a lot of confliction in this area. In Williams v Roffey Brothers Ltd [1991] EWCA Civ 5 the Stilk case was severely limited by the courts.   Here, the consideration requirement was extended to include practical benefits and thereby covered the promise to perform an existing contract. Here, a number of contractors promised to refurbish 27 flats with a sub-contractor performing the carpentry. Before the flats were finished, the sub-contractor realised that he had under-priced the contract and was resultantly facing financial difficulty. The main contractors offered the sub-contractor a financial inducement to finish the contract on time. It is trite law that consideration is needed for a party to that contract to be able to sue on it. Since the sub-contractor was doing no more than he was already bound to do under the contract, consideration was lacking. Surprisingly, it was held by the court that because the contractors had received a benefit from the sub-contractor, in that they avoided the penalty clause of the main contract, the sub-contractors claim was successful. This did not mean that consideration was present as the benefit did not move from the promisee, although there was a clear departure from the orthodox principle of consideration principle. The doctr ine of consideration maintains that a contract will not be supported by the performance of an existing duty unless that duty exists by virtue of a third party contract (Noble, 1991: 141). This decision conflicts with the decision in Stilk which demonstrated that consideration needs to be of economic value to be deemed good consideration and that it needs to move from the promise as also shown in; White v Bluett (1853) 23 LJ Ex 36; Thomas v Thomas (1842) 2 QB 851; Shadwell v Shadwell (1860) 9 CBNS 159; and Scotson v Pegg (Scotson v Pegg (1861) 6 H N 295). It has also been argued by Cheshire et al; that; the time has come to recognise formally the alternative definition of consideration and admit that the rationale behind the refusal to enforce some types of consideration is pure policy (Cheshire et al; 2012; 77). Arguably, it appears that the consideration principle is rather outmoded and in need of reform so that a more robust approach to economic duress can be taken by the courts. At present, much confusion arises as to when economic duress can be used as a defence. Judges thus need to err on the side of caution to prevent commercial pressure being mistaken for economic duress and vice versa. Still, as stressed by the court in Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481; â€Å"the list of matters to be considered in assessing legitimacy is not exhaustive, and the weight to be attached to each of them will depend on the facts of the individual case. Furthermore, it was also stated in the case that the decision to be made will involve some element of value judgement when considering whether the pressure that was exerted on the claimant crossed the line from that which must be accepted in normal robust commercial bargaining. It is clear from the decision in this case that the courts have made some attempts to provide clarity in this area and that each case will be decided on its own facts. In the more recent case of Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 it was evidenced that a contract variation between a supplier and a customer will unlikely amount to duress if the supplier is unable to perform a contract as a result of financial difficulties that will cause the supplier to become insolvent. Another problem that arises when it comes to economic duress is whether lawful conduct can amount to illegitimate pressure. Whilst it is possible, it is also extremely rare as shown in CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19; GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) and Wright v HSBC Bank plc   [2006] EWHC 930 QB. Consequently, economic duress will continue to pose many problems as there will always be a debate as to whether particular circumstances may or may not give rise to a claim for economic duress. Because of the uncertainty within this area, it is evident that a more robust approach needs to be taken so that greater clarity and consistency can be provided. Economic duress has also been criticised for being causation-led, thereby meaning that a lack of causation will prevent a successful claim from being made. In Pao On v Lau Yiu Long [1979] UKPC 2 it was pointed out by Lord Scarman that in deciding whether causation was present, it will need to be considered whether the claimant; a) protested; b) had a practical alternative open to him; c) received independent advice; and d) acted promptly. This decision has been criticised for being inconclusive and failing to take into account the fact that claimants may not think that there is any point in protesting. This was recognised by Chen-Wis hart when it was argued that; these factors are inconclusive. The victim may not protest because he sees no point in it or he may not wish to antagonise the coercing party whose performance he needs (Chen-Wishart, 2012: 318). It is clear that the facts and circumstances of each case will be the determining factor as to whether the claimant has suffered economic duress or not. Because of the uncertainty that exists in this area, however, it is often difficult for those entering into commercial contracts to acknowledge that they are exerting pressure that is considered illegitimate, especially when there is a possibility that lawful pressure will also be capable of amounting to economic duress. As a result of this, Young warns against exerting commercial pressure that the courts may possibly consider economic duress: Abusing your upper hand can leave the strong open to claims (Young, 2012: 23).   Conclusion Overall, whilst the doctrine of duress is well established in English law, the doctrine of economic duress still remains largely uncertain. This generally arises from the difficulty of distinguishing between legitimate and illegitimate economic duress. As such, it is up to the courts to decide when a persons economic interests have been damaged from being forced or coerced into entering into a contract. Hence, the court will be required to consider whether the re-negotiation of the terms of the contract were lawful and whether the person being subjected to the economic duress, should be entitled to rescind the contract that they entered into. This is an important defence in ensuring that parties to a contract have equal bargaining power. Nevertheless, the practical application of economic duress has been subject to much confusion over the years, which may result from the reasoning that has been provided by the courts. There appears to be a lack of consistency that is being provided, which highlights the need for future reform to this area. Whilst there is a difference between commercial negotiation and illegitimate pressure, it has proven extremely difficult to distinguish between the two, especially since lawful conduct can also amount to illegitimate pressure. In order to provide clarity to this area, it seems as though a more robust approach is therefore needed by the courts. References Business Dictionary. (2014) Economic Duress, [Online] Available: businessdictionary.com/definition/economic-duress.html [07 July 2014]. Card, R. Murdoch, J. and Murdoch, S. (2003) Estate Management Law, OUP, 6th Edition. Carr, N. (2011) Walking the Line – The Balance Between Legitimate Negotiation and Economic Duress, Available [Online]: lexology.com/library/detail.aspx?g=ee935c57-32ac-471f-ae37-4f65a4912b9c [07 July 2014]. Chen-Wishart, M. (2012) Contract Law, Oxford University Press. Cserne, P. (2009) Duress in Contracts: An Economic Analysis, Contract Law and Economics, Volume 6, 2nd Edition. Furmston, M. P.   Cheshire, G C. and Fifoot, C H. (2012) Cheshire, Fifoot and Furmstons Law of Contract, Oxford University Press: London. Dictionary. (2014) Duress, [Online], Available: yourdictionary.com/duress [07 July 2014].    Noble, M. (1991) For Your Consideration, New Law Journal, Volume 141, Issue 1529. Ohrenstein, D. (2013) Key Developments in Contract Law: Economic Duress, Radcliffe Chambers, [Online] Available: radcliffechambers.com/media/Misc_Articles/Key_Developments_in_Contract_Law_-_Economic_Duress_2013.pdf [07 July 2014]. Young, A. (2012) When Pressure Turns to Duress, Construction Law Journal, Volume 23, Issue 5.   Cases Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481 Collins v Godefroy (1831) 1 BAd 950 CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19 Dimskal Shipping v International Works Federation (The Evia Luck) [1992] 2 AC 152 DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 Pao On v Lau Yiu Long [1979] UKPC 17 Scotson v Pegg (Scotson v Pegg (1861) 6 H N 295) Shadwell v Shadwell (1860) 9 CBNS 159 Siboen and The Sibotre [1976] 1 Lloyds Rep 293 Stilk v Myrick (1809) 2 Camp 317 Thomas v Thomas (1842) 2 QB 851 Universe Tankships v International Workers Federation (The Universe Sentinel) [1983] 1 AC 366 White v Bluett (1853) 23 LJ Ex 36 Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 Wright v HSBC Bank plc   [2006] EWHC 930 QB

Saturday, November 23, 2019

US Federal Court System Primer

US Federal Court System Primer Often called the guardians of the Constitution, the U.S. federal court system exists to fairly and impartially interpret and apply the law, resolve disputes and, perhaps most importantly, to protect the rights and liberties guaranteed by the Constitution. The courts do not make the laws. The Constitution delegates making, amending and repealing federal laws to the U.S. Congress. Federal Judges Under the Constitution, judges of all federal courts are appointed for life by the president of the United States, with the approval of the Senate. Federal judges can be removed from office only through impeachment and conviction by Congress. The Constitution also provides that the pay of federal judges shall not be diminished during their Continuance in Office. Through these stipulations, the Founding Fathers hoped to promote the independence of the judicial branch from the executive and legislative branches. Composition of the Federal Judiciary The very first bill considered by the U.S. Senate the Judiciary Act of 1789 divided the country into 12 judicial districts or circuits. The court system is further divided into 94 eastern, central and southern districts geographically across the country. Within each district, one court of appeals, regional district courts and bankruptcy courts are established. The Supreme Court Created in Article III of the Constitution, the Chief Justice and eight associate justices of the Supreme Court hear and decide cases involving important questions about the interpretation and fair application of the Constitution and federal law. Cases typically come to the Supreme Court as appeals to decisions of lower federal and state courts. The Courts of Appeals Each of the 12 regional circuits has one U.S. court of Appeals that hears appeals to decisions of the district courts located within its circuit and appeals to decisions of federal regulatory agencies. The Court of Appeals for the Federal Circuit has nationwide jurisdiction and hears specialized cases like patent and international trade cases. The District Courts Considered the trial courts of the federal judicial system, the 94 district courts, located within the 12 regional circuits, hear practically all cases involving federal civil and criminal laws. Decisions of the district courts are typically appealed to the districts court of appeals. The Bankruptcy Courts The federal courts have jurisdiction over all bankruptcy cases. Bankruptcy cannot be filed in state courts. The primary purposes of the law of bankruptcy are: (1) to give an honest debtor a fresh start in life by relieving the debtor of most debts, and (2) to repay creditors in an orderly manner to the extent that the debtor has property available for payment. Special Courts Two special courts have nationwide jurisdiction over special types of cases: U.S. Court of International Trade - hears cases involving U.S. trade with foreign countries and customs issues U.S. Court of Federal Claims - considers claims for monetary damages made against the U.S. government, federal contract disputes and disputed takings or claiming of land by the federal government Other special courts include: Court of Appeals for Veterans ClaimsU.S. Court of Appeals for the Armed Forces

Thursday, November 21, 2019

Political science Political culture Essay Example | Topics and Well Written Essays - 500 words

Political science Political culture - Essay Example (Miller 2008) This is the Newsweek cover story for the December 15, 2008 issue. An examination in regard to how Miller has written the piece would demonstrate how the story could be classified not strictly as a news story owing to the biased reportage – one undertaken to advance the liberal view on the subject. Miller wrote and investigated an outline of the reasons why the religious arguments in opposing gay marriage are unfounded and unreasonable. The author’s involvement in the story underscores how this issue has divided American society, rousing the active political participation of stakeholders from both sides of the political spectrum in political debates and other initiatives so as to influence legislations in this area. The conservatives are rallying against gay marriage while the liberals are mustering its force to support it. The intensity of the debate is essentially driven by the fact that gay marriage concern two fundamental American values that are protected by the Co nstitution – family and freedom. Conservatives want to uphold the traditional concept of marriage as a union between a man and a woman. For this sector, allowing gay marriage is tantamount to redefining family and violating its function of procreation. Needless to say, much of the rationale behind their position is rooted on moral arguments and religious beliefs and doctrines, reasoning that the preservation of the traditional family is important in the stability and health of the society. With this, the liberals, such as the case of Miller’s article, are quick to refer to several passages of the Scripture that encourages inclusion, regardless of age, sex, race, etc. Furthermore, the liberals are emboldened by the recent favorable court rulings that put significant weight on freedom, choice, right and equality rather than the strict and conservative doctrines that may have been founded on religion. A specific legal foundation of

Fair Trading Assignment Example | Topics and Well Written Essays - 1000 words

Fair Trading - Assignment Example The Office of Fair Trading is the most important government body in this connection. It has the power to impose penalties on those found breaching the law. The amendments made to this Act in May 2004 assigned greater powers to OFT so it can now conduct investigations in case a business is suspected of violating the prohibitions. Apart from Chapter 1 and II prohibitions, business need to be mindful of the anti-competitive activities outlined in Articles 81 and 82 of the EC Treaty. These prohibitions are similar to those contained in Chapter I and II but contain some additional information. Company directors are under increased pressure from the government now with amendments to Company Directors Disqualification Act 1986 under the Enterprise Act 2002 whereby individuals found of breaching the law may face Competition Disqualification Orders. This can prevent them from managing a company for 15 years. Some key implications to remember include the power of OFT officials to demand documents that can establish the status of a firm and its trade practices. Any breach of fair trade practices can result in 10 percent fine for your business on an annual basis. Third parties can claim damages. The Enterprise Act 2002 has given additional force to compliance laws by making some anti-competitive activities criminal. The cartel offence clause can make some monopolistic activities liable to criminal prosecution. OFT gives priorities to cases of cartel offence and if found involved in a cartel, your business can face serious charges. The Fair Trading Act had initially granted power to Competition Commission for making monopoly references. However under Enterprise Act 2002 those powers have been assigned to Office of Fair Trading, which can now work as a statutory body in tandem with a Board. The Competition Commission is still an important body in this connection as it had the power to investigate monopolies on direction of Director of Fair Trade agency. However most of those powers have now been granted to Office of Fair Trading. It can still make investigations when appeal is registered on some decision taken by OFT. The Director General of Fair Trading has the power to investigate alleged breaches and if it finds that prohibitions have been violated, companies can be charged 10 percent of their annual revenue for 3 years. This is something that you will have to be very careful of since these charges can erode your profits for many years. That will consequently affect your share price and might result in a takeover. With the agencies and bodies that would try to control your monopolistic activities, there are some safeguards available which you should be aware of. If your company is concerned about possible monopolistic charges, you can instantly notify the Office of Fair Trading of agreements and any other activities that might constitute anti-competitive behavior. This can help you in seeking exemption by explaining how it might help and benefit other players. Secondly some agreements may actually not be in the jurisdiction of the agency and notification can help you understand where

Wednesday, November 20, 2019

History week 7 Assignment Example | Topics and Well Written Essays - 250 words

History week 7 - Assignment Example At this time, individual liberty and responsible government was evident. His administration combated party tension and slavery most. Madison faced problems with conflicts with Britain, especially the interception of American merchant ships and impressing sailors, believed to be British, for service in the British Navy. He also had to face economic problems that resulted from the War of 1812. He also faced a divided cabinet and a militia that refused to fight outside their state. There was a serious problem in national and administration unity. During the American Revolution, the fight for independence brought a rebellion fighting against Britain. However, since there was lack of a professional army and navy, it has become a challenge for the Americans. During the Revolution, to face the problem against the Barbary pirates, the United States entered and alliance with France to protect their merchant ships and other American vessels from all violence and attacks. However, eventually the United States also faced a quasi-war or an undeclared war against France when it started to seize American ships trading with Britain, when America and Britain declared a neutrality of conflict. With this, a more diplomatic stance was taken to lessen the war

Tuesday, November 19, 2019

CONTEMPORARY CASES IN PUBLIC POLICY Essay Example | Topics and Well Written Essays - 1500 words

CONTEMPORARY CASES IN PUBLIC POLICY - Essay Example The need to have public policy comes as a result of various events that have culminated or are likely to lead to future problems among the public. Public policy in this case gives measure and courses of action that ought to be taken in order to prevent similar issues from occurring (Howlett and Perl 2009). The United States of America has had a huge share of both internal and external problems that have necessitated creation of public policies to help individuals deal with emerging issues in the contemporary world. One of the most recent issues the American government has had to deal with is terrorism. The government has experienced terrorism attacks and threats to that effect from various extremist groups (Bacchi, 2009). The most recent round of attacks was the bombing of the World Trade Center in New York, commonly known as the twin towers, and the Pentagon on September 11th, 2001. There have been other threats of similar terrorist attacks recurring in the near future on American c itizens on the American soil as well as those in other countries considered to be allies of the US. Since the twin tower attacks on September eleventh 2001 in the United States of America, terrorism has been a very delicate issue all over the world specifically in the United States of America. In fact it is safe to say that it has been one of the biggest issues given attention by the United States of America in preventing such attacks on American soil. This has resulted in the government of the United States of America Adopting policies in a measure to combat terrorism (Le Grand, J 2003). Such policies include the surveillance policy adopted by the United States of America Government. However, in the adoption and implementation of this policy there have been various issues that surround it prompting for the need of reforms in the United States Surveillance policy (Human Rights watch, 2013). In the wake of the these terrorist attacks, the American government perceived the establishme nt of domestic surveillance policy as the best way of planning and preparing and responding to any future threats or acts of terrorism. The impact of this policy has been very huge among the citizens and various interest groups. In order to make the policy effective, several pieces of legislation had to be passed, including the USA patriot Act of 2001 and the Homeland Security Act (2002) among others alongside the Foreign Intelligence Surveillance Act (FISA) of 1978 that has undergone various amendments to make it responsive to contemporary issues in terrorism. The main aim of FISA is to collect foreign intelligence information, that is, the information which is necessary in protecting America and its allies from attacks or sabotage by other foreign countries or groups (Considine, 2005). The Patriot Act of 2001 empowered the federal government through its agencies to collect and analyze private data and information about American citizens and analyze it so as to detect any informati on linked to terrorists. The Act also gave the president more powers to act against any terrorist groups that was deemed a security threat to America and its citizens. There are various issues involved in this move by the government to access private information of its citizens. Proponents of the move argue that it is necessary because it enables the government to

Sunday, November 17, 2019

Religions (two traditions) and the Modern World Essay

Religions (two traditions) and the Modern World - Essay Example However, almost all religions look for the spread of peace, justice, equality and freedom of thought and action for the sustenance of order in the world, as well as for the moral and spiritual uplift of the humans. Abrahamic religions enjoy very respectable status among the long list of prevailing faiths, which include Judaism, Christianity and Islam. Since all these three faiths regard Abraham as their ancestor and the source of spiritual guidance and inspiration, they are generally called Abrahamic faiths. (Hemeyer, 222) The fundamental set of belief, concept of the Creator, His angels, prophets and heaven and hell-fire etc are almost same in these religions, which distinguish them from the rests of the faiths of the world. Judaism is the oldest of these three faiths, while Islam is the last one among the three. Islam is the second largest religion of the present world, which seeks its origin in the Middle East like its predecessor Abrahamic religions. It has its unique ideology, teachings, methods and manners of worship and basic set of belief. Being the monotheistic faith, Islam vehemently lays stress upon worshipping of One God, the Creator and Sustainer of the entire universe and each and everything existing in it. (Hemeyer, 224) Since God has created humans for His worship, declaring other gods as similar to Allah as well as worthy of adoration is the greatest sin according to Islamic thought. Islamic teachings command the followers of the religion to have unabated and unconditional belief in the Oneness of God, and revering the Holy Prophet Muhammad (peace be upon him) as the Seal of all the prophets sent by the Lord time and again for the guidance and welfare of humanity. Hence, belief in the Oneness of God, praying to God five times a day, keeping fast, paying Zakat (tax according t o the income), and performing of the pilgrimage of the Sacred House of God (Al-Haraam Mosque situated in the city of Makkah)

A management meeting Essay Example for Free

A management meeting Essay Locate and book room/s with suitability for the meeting (teleconference facilities, IT equipment etc). Ideally, 1 large room with 3 smaller meeting rooms for the group activities later in the day. Seating would need to be arranged as there will be people on teleconference, they will need to hear anything being said in the meeting. 2. Send out meeting invites to all attendees. This would list the venue, date and time, speaker, contact details. An agenda of the meeting would be the best way to send out these details as it lists all that information and lets attendees knows how the meeting will be run. 3. Any travel/accommodation for interstate attendees would need to be arranged. Also the same for the guest speaker (if needed). Transfers to and from the airport would be advisable. 4. They would need to ensure if there are any special requirements for the attendees (dietary, mobility, language etc.) and make special arrangements if anything is required – Vegetarian food, wheel chair access, interpreter etc. 5. Arrange IT equipment to be made available for presentation. This could be either through your company if they have the available resources. If not, they may be available already in the meeting rooms you have booked or you could us a 3rd party. 6. Lunch will need to be ordered. Again this may be able to be arranged with the meeting rooms you have booked or you can organize a local caterer. At the same time you could organize refreshments for afternoon tea (and morning tea if required). 7. Ensure all stationary available and if not it will need to be ordered. This could also be for group training later in the day. Butcher paper, whiteboards etc. could all be used if it’s a brainstorming session. 8. Name tags could be organized if managers do not know each other and also may help the presenter for the group meetings. 9. On the day of meeting, all IT equipment should be tested prior to the meeting taking place. Room should be set up according to needs and re-arranged if it’s not correct. 10. A chairperson would need to be selected to run the meeting. The CEO will be the chairperson for this meeting. As the chairperson, they would need to ensure the meeting runs on time, stays on topic and stick to the agenda. 11. The chairperson (the CEO in this case) would need to select a minute taker – this could be a PA or  someone else from the company. It would be helpful if they have taken minutes before or at least are capable of recording a high level of detail at a high pace. They could either take 12. minutes in short form at the meeting and expand on it after or type directly to a PC in the meeting and print out directly after the meeting to be review. 12. Prior to the meeting, the CEO and selected minute taker would need to sit down and discuss what will be spoken about in the meeting, the order of events and just a brief overview of all the key points that will need to be recorded. This way the minute taker knows what they should be focusing on when making notes. 13. Once the meeting is finalized the minutes of the meeting will need to be read through and expanded into a format that can be distributed to all attendees and anyone who may benefit from them. It would be best for the CEO and the minute taker to go through these soon after the meeting to ensure the notes are correct and no key points or discussion points are left off. Once they have had a chance to go through the notes – the minute taker can put into a format which the company uses and can then look at distributing via email, fax or mail. This is also best to be done as soon as they can so it is fresh in everyone’s mind. The minutes from this meeting (and others) should be stored electronically so they can be referenced to in future meetings if needed. 14. All the bookings/arrangements need to be checked off to ensure they are still booked/on time and that no problems are going to arise. This could be done by either the CEO’s PA or generally it would be organized and checked by the Marketing department for the company as they deal with these things on a day to day basis. They would need to call the caterers, travel agents, taxi companies, audio visual people and meeting facility to ensure everything is ok – this needs to be done around 2 days before. Any earlier and there could be problems between when you call and the actual function – any later and if any problems arise it could be too late to make alternative arrangements. 15. From the minutes of the meeting, reports may need to be created to be handed out to relevant employees of the firm. These may have the same details as what is in the minutes but in a more condensed format. It may also include graphs if figures/dates were mentioned and tables to make it easier to understand. They could also include any tasks that have  been assigned so people know who needs to be followed up.

Friday, November 15, 2019

The Potential Of The Kalabagh Dam Environmental Sciences Essay

The Potential Of The Kalabagh Dam Environmental Sciences Essay Should the government commence the construction of Kalabagh Dam or should the project be abandoned? Kalabagh Dam, one of the largest projects pending in Pakistan, is to be located on river Indus at a site about 100 miles away from the capital city of Pakistan, Islamabad. The project was first conjured by the Government of Pakistan under the regime of Ghulam Muhammad in 1953. However, its project report which intended to inform and convince everyone about its economic and technical feasibility was completed by 1984 during the rule of the military leader Muhammad Zia-ul-Haq. The Kalabagh Dam project was designed with the support of the United Nations Development Program under the supervision of the World Bank. Having a live storage capacity of 6.1 million acre feet of water and producing 2400MW of electricity, Kalabagh Dam appears like the only solution to the water related issues facing Pakistan. Since the inception of this project till today, all four provinces continue to argue abou t the projects potential disadvantages and advantages. The benefits of building and running this dam which include obtaining cheap energy and increasing crop yield are tempting; however, after conducting an unbiased cost benefit analysis, it appears that the projects harmful effects like the displacement of people, damage to the environment, high cost, and no significant control over flood water flow outweigh the few advantages that might be achieved through its construction. The first and foremost important purpose for the Kalabagh Dam is considered to be the filling up of the huge gap in the demand and supply of electricity. According to PEPCO, Pakistan Electric Power Company, the total electricity shortfall in Pakistan is 3000 to 4000 MWs; supply from various sources being 11,815 MWs and the demand being 14,904 MWs. Pakistans population suffers greatly due to this deficit because it has to face long hours of load shedding also in areas which face unbearably hot summers. Electricity shortage to industries is detrimental to the economy, reducing exports in a country which already faces an alarming negative balance of payments. Not only is industrial load shedding disconcerting, threatening to destabilize the economy drastically if supply is not urgently met, or programs are not put into action immediately, but household shortage of electricity is also upsetting the social and economic infrastructure of the country. A study carried out by the Competition Commission of Pakistan (CCP) on the development of the power sector found that presently only 65 to 70 percent of 172 million people have access to electricity. The dire need for the demand of electricity to be met, then, cannot be ignored. The study by the Competition Commission of Pakistan also detailed that the country can generate a total of 40,000 MWs from Hydel resources, but owing to lesser exploitation, only 6500 MWs have been utilized from this energy source. The Kalagbagh Dam can hence be seen as a project that is immediately required in order to extract electricity from Pakistans natural resources. However, alternative, less controversial and hence more readily implementable plans to meet energy demands are also prevalent. Various small plans that cater to meeting the demand for electricity cannot be ignored; for instance wind energy projects, nuclear power reactors, coal power projects as well as solar energy utilization projects are also present. Solar energy panels covering several rural areas of Pakistan are under construction right now, with some of them near completion. These projects as a whole are expected to generate electric power of at least 3500 MWs together. Similarly Pakistan has a total of abou t 185,000 metric ton reserves of coal, while only 3300 metric tons have been exploited as yet for power generation. China has agreed to build several other power plants in Pakistan which are set to complete in the coming years; these plants, including Nandipur (425 MWs, Thermal), Guddu(800 MWs, Thermal) and Neelam-Jhelum(1000 MWs, Hydro), Chashma (1200 MWs, Nuclear) will add more than 3000 MWs of power generating capacity. Therefore Kalabagh dams importance as the only source for filling in the energy shortage is diluted; furthermore the heightened debate over it which has been stretching over for many years now stalls the process of implementing more energy generating programs. At the same time, the Kalabagh Dam project is considered to act as a cheap alternative source of energy. However, this cheap energy advantage in the production of electricity conversely will not benefit the population because WAPDA (Water And Power Development Authority) and KESC (Karachi Electric Supply Company) are both under debt incurring losses of 28% and 40% respectively.(Forex) This means that any cost advantage earned by both of these bodies due to using a relatively cheaper hydro-electric energy source will not be passed down to the customers. Additionally, Pakistan has abundant coal in the Thar reservoir in Sindh from where coal can be extracted and used to produce cheap electricity; foreign investment has been attracted over the years to exploit such reserves providing a feasible alternative to the much disputed Karbala Dam. The problem posed by diminishing storage capacities of dams due to silting which occurs over the years must be taken into account as well. A study carried out by TAMS-Wallingford in March 1998 explains that the capacity lost in Tarbela and Mangla Dams is approximately equal to the proposed capacity of Kalabagh Dam. The study says that a de-silted Tarbela Dam will yield the same benefit as the Kalabagh Dam; however the cost incurred would be one seventh of that than in the case of the construction of a new dam in net present value terms. Therefore, the Kalabagh Dam will only be a more expensive replacement providing storage capacity that is equal to that provided by the construction of new outlets at Tarbela dam which will enable sediments to flush out from the reservoir and will be far more beneficial as indicated by the study as well. Thus it appears that Kalabagh Dam is merely amongst one of the many options available when it comes to filling the energy gap and not the only solutio n possible, and certainly not the most viable one. Additionally, the proposed Kalabagh Dam Project is an expensive one. Pakistan, being the 54th poorest country in the world has recently been struck with a devastating flood which has exacerbated the prevalent poverty among the populace.(Aneki) The total expected cost of the Kalabagh Dam project was estimated to be about 6 billion dollars in 2000.(Khan) Pakistan expects to meet this cost by private funding, government funding, and foreign aid, the latter forming the major portion. However, Pakistans lower credibility and high rate of corruption makes it unlikely to be a candidate for private funding. Additionally, 6 billion dollars invested in Kalabagh Dam can rather be spent on the development of smaller projects costing lesser and directed at uplifting and benefiting the poverty struck masses. However, proponents of the Kalabagh Dam argue that Pakistan is facing an acute water shortage which is negatively affecting its agro-based industries. Pakistan relies heavily on rain water for irrigation and due to irregularity in the rain pattern agriculture output is suffering. Water is not only needed for irrigation purposes but also to increase crop production; the NCS report states: at present 12.2 million hectares of land are available for double cropping, as against the 4.38 million hectares that are double cropped clearly water is the constraining factor. This report tells us about the significance of the water shortage faced in Pakistan. However it needs to be assessed whether the shortage of water really is the problem or if the inefficient use of available water is the actual cause of reduced output. Excess water seepage in Pakistan has resulted in the issues of water logging and salinity which renders fertile land unusable. Rather than building a new dam, if the emphasis is laid on a more efficient use of the available water, the chances for water logging and salinity will lessen, resulting in a more cost efficient and beneficial course of action. The World Commission on Dams reported that lower irrigation efficiency than expected resulted after the construction of the Tarbela Dam, one of the largest dams in Pakistan; it seems unlikely that a new dam can cater to the irrigation problems being faced currently when the efficiency level of the existing dam is poor. Money should instead be spent on devising efficient ways of water distribution to the agricultural land. A widespread notion amongst the masses is that dams help to prevent floods. It is commonly held to believe that if the Kalabagh dam had been constructed and was running at the time when the flood hit Pakistan, it would have helped in reducing the extent of damage that occurred. This thought was further reinforced when the Prime Minister of Pakistan, Yousaf Raza Gilani, gave a statement in Multan after visiting a flood affected area that deaths and destruction in the floods could have been averted if the Kalabagh Dam had been built.(Daily Times). However, a former chairman of the Indus River System Authority (IRSA), Fatehullah Khan Gandapur, who headed IRSA from 1993 to 1998 said, The dams effect on floods would have been contrary to what the prime minister claimed. Gandapur elaborated on how he thought that Kalabagh dam would have resulted in increased flooding; he also claimed that the dams construction would have caused reverse flow in Kabul River, water logging in the entire Pesha war valley and the submersion of the Nowshera district. His statement shows how the idea that the Kalabagh dam could have prevented or reduced the damage of the flood may not be entirely true. Politically driven statements can lead the general public to form an uninformed and uneducated opinion. The flood which began in July 2010 and resulted at one point in one-fifth of Pakistan being under water was estimated to have floodwater of volume approximately equal to 100 Million Acre Feet whereas Kalabagh dam has a capacity to hold just 6 Million Acre Feet of water. It may be indeed troubling to see how the Prime Minister of Pakistan thought that Kalabagh dam with capacity almost 17 times less than the floodwater would have considerably averted the damage caused by the flood. Moving on to the environmental aspect, the construction of the Kalabagh dam would disrupt the Delta ecology and the Mangrove forest. Environmentalist Muhammad Tanveer warns that large dams have depleted wetlands in the Indus Delta and destroyed marine life; the effects spread over 300 square kilometers. Mangrove forestation is also suffering; mangroves are salt tolerant trees that grow on river deltas and in coastal areas and are important economically and environmentally. They help clean the soil and water containing excess salt by taking it up through the roots and later excreting it by shedding its leaves. Also Mangroves are a natural habitat to a large number of insects, birds, micro organisms, different mammals as well as snakes; further advantages include protection of coastal areas from cyclones and hurricanes, reducing sedimentation in the sea and acting as a breeding ground for fish and crabs. Mangrove forests have reduced to 100,000 hectares from 3 million hectares and the primary reason Tanveer quotes is the impediment upstream in Indus delta. He goes further and claims that Riverine forests on the banks of the Indus also face extinction. If another large dam is built, forests will have to face the consequences which will eventually upset the balance of the whole ecosystem. Reduced water flow in the River Indus which will result if the Kalabagh dam is constructed will also adversely affect forests and the ecosystem they support. The cost of land acquisition and resettlement of the displaced people is also necessary in deciding about the construction of the Kalabagh Dam. The newspaper Dawn reported in 2008 that the dam would take up 110,200 acres of land and displace about 120,000 people; the land acquisition and resettlement cost had been estimated to be 68 billion rupees. According to the World Commission on Dams, the Tarbela Dam directly affected 96,000 people from 120 villages while those people indirectly affected were not quantified. Out of those 96,000 people displaced in 1953 with the promise of land at another place, many affectees hold valid allotment letters but have not been given land due to non-availability. If all the affectees of 1953 have not been given lands by now, guaranteeing land for 120,000 more people seems like a flimsy commitment, and would result in greatly increasing the number of the homeless. In any case, even if all the harmful effects of the project are ignored, the project cannot be carried out without the consent of all the provinces. Without political agreement over this controversial topic, this project will turn into a disastrous one in the history of Pakistan. Building a dam at the cost of national unity does not seem like a reasonable course of action. Although China and India when faced with similar problems went ahead with the projects and did benefit from them, unparalleled political instability is at stake in the case of Pakistan. Since 1953, all four provinces are at a conflict over its construction with Punjab being in its favour while the other three rejecting it, Sindh being the strongest opponent. Officials in other provinces have blamed Punjab of only being concerned in its own water requirement at the cost of harming other provinces. About 11 members of Jiye Sindh Qaumi Mahaz (JSQM) went on a hunger strike demanding the immediate shutdown of the Kalaba gh project over which chairman Bashir Qureshi said that his movement is backed by the 40 million people of Sindh. The Sindh assembly and all political, religious and nationalist parties, irrespective of ideology, have given the thumbs-down to the controversial water projects. (OneWorld South Asia). This shows that going ahead with the Kalabagh Dam project will jeopardize national unity and thus abandoning the project in favour of another hydro-electric dam or other alternative energy source seems like a much viable option. Kalabagh Dam projects cost benefit analysis shows that it is not economically and environmentally feasible. If the project is carried out, not only will national unity be threatened but agricultural land, mangrove forests and in turn the eco system will also be harmed; additionally 120,000 people will be at risk of becoming homeless. Furthermore, the advantages of the Kalabagh Dam can be obtained in other ways which do not have significant costs attached to them. The benefit of increased water storage capacity can be obtained by de-silting the Tarbela and Mangla dams, increased crop yield can be achieved by improving the efficiency with which water is utilized and the energy gap can be filled by completing and starting new small projects and making use of abundant coal reservoir in Thar. The Kalabagh Dam project is not a necessity, it is just one proposal, formed during the process of finding solutions to the problems Pakistan faces, which seems to have taken the shape of an irresolv able dispute. As such then, it is evident that this dam rather than being a viable solution to the energy crisis has instead stalled the urgently required process of exploring Pakistans natural resources.

Christian Discipleship :: Religion Jesus Christianity Essays

Christian Discipleship Discipleship means ^one who follows^ or ^one who learns^ and this meaning has not changed over the centuries. The first disciples must have felt very special just as do today. Also, the first disciples were not fully understood and were rejected. This is true for disciples today aswell. The Bible is the most important reference for a Christian today. It contains all sorts of stories from the Old Testament and the New Testament. The New Testament concentrates on the life of Jesus which is probably more important to Christians than the Old Testament because Jesus^ death means that everyone has a chance to have all of their sins forgiven. The book I will be concentrating on is the gospel of Mark. Mark ^zoomed in^ on whom Jesus chose to be his disciples and what they were like. When people read Mark^s gospel they realise that you can be a disciple of Jesus no matter who you are. Jesus said, ^It is not the healthy who need a doctor but the sick. I have not come to call the righteous but the sinners^ (Mark 2:17) Many people today see this and are inspired. They see that they too can be forgiven for all of their sins and lead a better life. Being a disciple today is nearly the same as being a disciple in the time of Jesus. As a disciple today you still have to have a true belief in God and to follow the word of Jesus. This is also true for disciples 2000 years ago. Christians today do not suffer as much as they did in the time of Jesus but in some countries Christians do get persecuted and even attacked or killed. The first twelve disciples are not so sacrificial and some probably wouldn^t give their life for God. However, there are still Christians who would do anything for God but this is only a small percent of Christians. The first twelve disciples weren^t just Christians straight away, they dropped all of their things to follow Jesus and spent years learning about God. Nowadays, many people wouldn^t just drop all of their things to follow someone they know nothing about. Many people are told about God and Jesus for a long time before becoming a Christian, just like in Emmanuel College in assemblies and in tutor prayer. Jesus told taught crowds of people that they must sacrifice everything to be a proper disciple. Some people want to learn more about Christianity but don^t want to be sacrificial in their living making them unable to be a disciple.

Wednesday, November 13, 2019

Free Oedipus Rex Essays: The Role of Characters :: Oedipus the King Oedipus Rex

The Role of Characters in Oedipus the King Characters play a very important role in the play "Oedipus the King" by Sophocles. Without characters, the play would lack a certain dimension and be very difficult to read. The presence of characters in the play make it more easily understood. If characters did not appear in the play it would be close to impossible to understand it since everything that takes place is through the words of the characters. Also if there were no characters the outcome of the play would be different. The significance of characters in the play is very obvious. Without them the play would be much shorter and much more boring. The role of characters is very important to the play. Characters make the play possible just by the virtue of existing. If they did not exist the play would not either. If the play did not exist then the characters would not either. The characters and the play are codependent and need to have a symbiotic relationship to ensure their mutual survival. A lack of characters in the play would make very difficult reading and perhaps more difficult viewing. A lack of characters would necessitate some other device to be used and a substitute has not been found that replaces the role characters play in a play. An example from the play is when Oedipus was speaking to Teiresias: "I did not know then you would talk like a fool ­or it would have been long before I called you". If there had not been any characters in this play, this could not have happened. If the play did not have characters the outcome would be much different. All the actions and conversations could not have taken place without the use of characters. Characters made the play and its tragedy possible. Without characters nothing could have taken place. They made it possible for Oedipus to kill his father and have sex with his mother and for everything that was bad to happen. If Jocasta or better Oedipus did not exist within the context of the play everyone would have been much happier and the tragedy could have been avoided. Even if the herdsman who saved Oedipus as a child did not exist or the messenger from Cithaeron the tragedy of the play would have been avoided and made for a much happier ending.

Tuesday, November 12, 2019

Child Welfare Information Gateway Essay

In every state in the United States, teachers are subject to mandatory reporting laws (Smith 2006). In most cases that means the teacher is required to contact a law enforcement agency or child protective services regarding the allegations of abuse.   The law is rapidly changing regarding the requirements for reporting abuse and in many cases mandatory reporting laws have been extended from child care professionals and medical professions to the clergy as well (Smith 2006). Each state’s definition of when a teacher must report suspected abuse varies, but there is no state that penalizes a teacher who, acting in good faith made a report that turned out to be wrong. In the case of Mary, once her friend tells the teacher that Mary’s new step-father is â€Å"doing bad things to her†, the teacher is under a legal and moral obligation to report the suspected abuse to the proper authorities for investigation. If the teacher has reason to question the validity of Mary’s friend’s statement, she should explain that to the investigating authority as well, but making the report is an indisputable necessity. Teachers and others who are listed as mandatory reporters can face civil and criminal penalties for failing to report suspected abuse if something untoward should happen to the child. More importantly, though teachers are trained to spot early signs of abuse and neglect and report them, teachers do not have the extensive training necessary to investigate the accusations and make a determination whether abuse is happening. In this way, a teacher is not only protecting the child, but also protecting herself in reporting (Smith 2006). The issue for the teacher can be one of legal protection and emotional protection. Most people, including teachers, would feel tremendous guilt if they determine no abuse was happening, failed to report it to other authorities and then the child was injured through abuse. The decision then to talk to Mary about the accusations is a difficult one. Obviously, if Mary has been a student that the teacher is close with and has routinely shared her private life with her teacher, then approaching the subject delicately can let Mary know there is someone on her side. However, if talking with Mary is mishandled, it could hamper her future school relationships and potentially hamper the official investigation into the abuse. The correct way for a teacher to handle this would be to talk to the student privately at a time when it does not appear that talking with the teacher is punishment. Talking with her over a recess break or during a fun classroom activity could lead a seven-year-old to believe that she had done something wrong and was being punished for it. Therefore, given Mary’s age it might be appropriate to begin the conversation in as non-threatening a manner as possible. Selecting Mary for a chance to offer â€Å"special assistance† to the teacher might be an easy way to arrange to have the conversation. If Mary is helping the teacher to retrieve supplies or set up a fun classroom segment, she might be more at ease than if a formal meeting were set up. Remember, the key is making Mary comfortable. Once the when has been established, the how of the discussion becomes less arduous, though it is still a difficult task. The teacher must again continue to be as non-threatening as possible and must be certain not to betray Mary’s friend’s trust. If Mary believes her friend is â€Å"tattling† on her, she is likely to become more withdrawn and less willing to talk.   One approach that might work is to ask Mary about the symptoms she was exhibiting in a non-accusatory way. For example, asking Mary if she’s having trouble sleeping or casually discussing Mary’s home life. A teacher could consider an opening question like, â€Å"Mary, I noticed you seemed really sleepy this morning (last week, Tuesday, whenever). Do you have trouble sleeping at night like I do?† The teacher immediately establishes a common thread with Mary and does not appear to be asking about troubling or scary situations. Then, the teacher should ask deeper more pertinent questions based on the flow of the conversation. If it is determined that Mary has been abused, the consequences for her could be grave. Most studies report that the age and amount of psychological development at the time of the abuse largely affect the long-term consequences. (Child Welfare 2006). In Mary’s case, long term physical effects can include poor health or injury, depending on what types of bag things her step-father is doing to her. Children who are exposed to sexual abuse face a danger of sexually-transmitted diseases in addition to the physical effects of the abuse. Psychological consequences of the abuse can be even more damaging, long term.   An abused child is likely to have inappropriate social boundaries, either being to gregarious and open sexually or becoming withdrawn. They often also face cognitive development problems and mental health issues. As teens, children who were abused face greater risks of drug and alcohol abuse and greater instances of juvenile delinquency and crime. In short, if this is occurring, then Mary needs to be protected as soon as possible. (Child Welfare 2006). Longitudinal studies have shown that the longer the abuse continues, the more drastic the consequences might be. REFERENCES Child Welfare Information Gateway, 2006 , http://www.childwelfare.gov/pubs/factsheets/long_term_consequences.cfm, July 24, 2007. Smith, Susan K. â€Å"Mandatory Reporting of Child Abuse and Neglect† Nov. 2, 2006, July 24, 2007.

Sunday, November 10, 2019

Pirates of Silicon Valley Essay

1. How would you describe both Jobs’ and Gates’ innovation process? a. Internal: An innovation process must have a defined goal, mission, and vision to keep the innovation competitive and successful. A firm should start with internal planning and move on to the execution of their innovation once goals and objectives have been defined. Steve Jobs was a rebel who built illegal blue boxes and spent his youthful energies pulling pranks that repeatedly got him suspended from high school. He wasn’t a technical genius (that was his partner Steve Wozniak) but he had an intuitive sense of design and usability, and an almost improvisational approach to business decisions. Jobs was, in essence, a jazz musician who relied on his innate creativity, and turned his lack of formal training into a strength rather than a weakness. His vision, to create a computer for ordinary people’s use, seemed wildly far-fetched to most people at the time. Furthermore, IBM laughed at this idea and even questioned why an ordinary person would need a computer. Finally, despite being turned down by investors and laughed at for his ideas, Apple was born in his garage, and the Macintosh was born. Jobs believed in closed-systems (or fully-integrated systems), meaning that one company designed the computer, the software and all connected devices and peripherals. This belief is what gives Apple products their unique look, and also why Apple products work so well together. Jobs had a successful internal innovation process because he had the technological expertise, a clear vision guiding him to success, and a supportive team that was prepared to work late nights and long days to make this vision become a reality. Bill Gates’ internal innovation process began with the help of his friend Paul, writing code for computers. They eventually dropped out of Harvard to pursue their passion of programming and with the invention of BASIC a new vision was born. They got signed by MITS and convinced competitors, IBM, Xerox, and Apple that they needed his exper tise to write code for their computers. Once Gates had his foot in the door at Apple, he had access to new code and ideas, which got him thinking he could do it better than Jobs was doing at Apple. He was able to infiltrate and leave unscathed with Apple’s operating system. Furthermore by  pirating his competitors’ operating systems, he gained enough knowledge and expertise to start his own company, Microsoft. It appears Gates was more unorganized than Jobs in the sense that he lacked proper preparation. He had an incomplete operating system until he stole code from other systems like Xerox and Apple. Consequently, Bill Gates’ internal innovation process was largely due to replicating other companies’ code. Although this was a dishonest plan, he succeeded by tricking his competitors and ultimately joined Apples team in the end, keeping his project hidden on the side. b. External: External innovation involves enhancing or adding to something that already exists. In Jobs’ case, he is creating the first personal computer as opposed to creating the first computer. In Gates’ case, he is enhancing the computer with programming and integrating a â€Å"language† for computers that already exist. Steve Jobs’ mai n external pressures in his innovation process were his competitors. While he did not notice it at the time, his biggest competitor, Bill Gates, was pirating his software behind his back. Steve Wozniak also quit at one point because of Jobs’ poor leadership and self-obsession. Jobs demanded too much of his workers and in return his company despised working for him. Ultimately, Jobs succeeded in his external innovation process but at the cost of losing friends, and good employees. Unlike Steve Jobs, Bill Gates was more successful through his external innovation process. The Microsoft model was a product of imitating his competitors. Bill Gates convinced his competitors that they needed his talents and in return he gained invaluable knowledge. He did not collapse under pressure and stayed humble throughout his success to ultimately take advantage of his competitors and land on top. 2. For both internal and external acquisition of technology, how was implementation handled? What areas were Jobs and Gates Hardware and Software particularly lacking? Implementation was handled fairly well by both Jobs and Gates. Although they did not have much of a â€Å"written plan† they still seemed to have a plan of what they wanted to do with the information they knew, and in what direction, more or less, they wanted to go in. Jobs had a somewhat fairly  well thought out plan in the sense that he went around everywhere for loans and eventually changed his image in order to better his chances. Luck also struck Jobs’ when the investor came to his garage and offered him a $250,000 investment to help him with the Apple Computers. Jobs implemented his first innovation, Lisa through Apple. He had reputable tangible assets including capital, technology, office space, and many technicians. While the technicians were vital assets to Jobs, they were being over worked and were under appreciated. Throughout the movie it is clear that there was a negative company culture emerging, which inversely impacted his intangible assets. Jobsâ€⠄¢ narcissistic personality got him punched in the face at one point. This displays how Apple workers disliked Jobs as a leader and were constantly on edge from lack of sleep and high expectations. The film portrayed Bill Gates as a superior leader than Jobs because he remained loyal to his team throughout the film. Beginning in his garage and eventually moving towards a partnership with Apple, Gates was able to continuously motivate his team and keep morale high. He focused on engaging his team and explained to competitors how they needed his expertise to create a programming language. Gates gained all the resources he needed through gaining access to his competitors software and ended with great a implementation process for Microsoft. In both of their implementation processes, they lacked a bit of control and awareness. Gates’ had somewhat better control and awareness in the sense that he saw the flaws in Jobs’ reign. Jobs (once Apple computers became bigger than just two guys in a garage) was not fully aware of what he was becoming and what he was doing to his company internally. He had two different sides in his company competing against each other and he also treated his employees like machines rather than people. Gates (along with Jobs’ friend Wise) was aware of this p roblem and helped Jobs overcome it. 3. How well did Jobs and Gates understand the environment in which they were trying to compete? What specific areas challenged their chance of success in the environment? In understanding the environment that Gates and Jobs were competing in, they understood it very well. Both Steve Jobs and Bill Gates had extensive  knowledge about building and coding computers. Jobs had a vision of giving the public access to computers. He was very knowledgeable in starting Apple and turning his vision into reality. Similarly, Gates was skilled in computer programming and was able to build Microsoft with the help of his competitors. Steve Jobs’ main challenge was dealing with employees and becoming a true leader. He was forced to grow up very quickly and without the experience, his image as a leader suffered. In one scene of the movie, Jobs walks into an interview barefoot and tells the candidate that he does not belong at Apple and then makes inappropriate personal attacks. This lack of professionalism shows that Jobs did not have managerial skills or leadership experience. On the other hand, it is clear Gates had business experience or had at least studie d business topics. Gates knew how much he could get away with. His sneakiness got him the information he needed but at the expense of jeopardizing his integrity. Gates’ understood that he needed to convince people (IBM) that they not only did not have what he was offering and creating, but that they needed what he was offering. The areas that challenged their chance of success in the environment were consumers and IBM. IBM said no one would use personal computers because average everyday people had no use for one. It was key that Gates knew how to sell his ideas and products, even if they hadn’t even been produced or built yet. Finally, while both had extensive computer technology knowledge, Jobs lacked personal business skills and Gates lacked a defined plan of action. They both knew they were on to something bigger than the both of them and this is not always an easy idea to cope with.

Lotus Car Rental Alternative Fuel Assessment Essay

Introduction The creation of a fleet of alternative fuel sourced automobiles would be a wise decision for the Lotus Car Rental Company. There are two major issues that are on the minds of people these days, the environment and money. By creating a fleet of alternative fuel based automobiles the Lotus Rental Care Company can help ease the fears of people in both categories. By having the ingenuity to have a fleet of alternative fuel automobiles; the Lotus Car Rental will set themselves apart from the rest of the rental car companies. Lotus Car Care will be the leaders in environmentally safe car rentals. The following research paper will discuss the background of this topic, the costs of working with alternative fuel automobiles, the technical aspects of alternative fuel, the environmental aspects of alternative fuel as well as discuss some recommendations for the Lotus Car Rental Company. Background The Lotus Car Rental Company is looking into adding a fleet of alternative fuel sourced vehicles to their supply. Alternative fuel sourced vehicles are classified as being resources other than petroleum. A few of these sources are produced here locally and some are derived from renewable sources. They often produce less pollution than does gasoline. (â€Å"Alternative Fuel Vehicles†, 2012). Hybrids are also considered to be an alternative sourced vehicle. A Hybrid vehicle is one that utilizes more than one form of onboard energy to achieve propulsion (â€Å"Edmunds.com†, 2009). Financial Feasibility Several factors influence the financial feasibility of adding alternative fuel vehicles to the fleet: vehicle cost, maintenance, advertising, and return on investment. Additional considerations include: market share, future growth, and implementation cost. The first consideration is the cost of adding hybrid vehicles to fleet inventory. Individual vehicle cost ranges from $23,000 to $37,000 and the models available include Honda Civic, Volkswagen Jetta, Lincoln MKZ, and Lexus ES300H (Almeida, 2009). Fleet costs would be less depending on number of units purchased and vehicle upgrades. Lotus Rental Car’s rentals fall into three categories: economy, mid-size, and luxury. Based on a cursory review of Lotus Rental Car’s primary income producers, the number of hybrid vehicles added should fall within the three to five percent range for each category. The initial outlay should equal or be less than the number of vehicles within each specific category that will be retired within the purchase year. For instance, if ten percent of economy vehicles will be retired then five percent of the new vehicles purchased will be hybrid. By timing the introduction of the new hybrid vehicles with inventory retirement the initial cost outlay will be mitigated. The anticipated maintenance costs will be similar to the previous year’s cost and no change is expected. Income from vehicles retired is expected to equal the same percentage as non-hybrid automobiles and will not constitute a negative financial impact. Advertising is a major consideration, although the cost is not expected to increase. Target markets will be in major cities where Lotus Rental Car’s already has a large presence. Urban centers with environmentally conscious drivers are the best place to begin a new hybrid product line. Adding information regarding the new line to existing websites provides maximum exposure with minimal cost. Other markets include environmentally conscious corporate businesses that already have a corporate account with Lotus. Market share and future growth is connected to advertising and return on investment. The implementation costs are minimal. The monthly return on investment is tied to advertising, environmental activity, and rental cost. Advertising includes national campaigns and local markets. The rental market incorporates online sales and local customers. The majority of travelers will book a rental vehicle prior to arriving at the rental company. Pricing will play an important factor in a rental commitment. Up-sale will increase income potential. Economy vehicles rentals begin at $9.99 and increase, depending on the current sales program. The cost may decrease, depending on the number of days booked, special pricing, and additional sale of navigation, XM radio, and infant seats. However, the average rental price for an economy vehicle is $29.99 per day and hybrid vehicles rent from $65.99 to $159 per day. The return on investment per day would range from $35 to $129. It is clear the automotive industry is offering a variety of hybrid vehicles in response to customer demand. The future of the automotive industry includes alternative fuel vehicles of all models. As the automotive industry embraces hybrid sales that increase their market share, so should the vehicle rental industry. Entry into a new product line will have higher costs than non-alternative vehicles until the product becomes well immersed into the market. In the case of hybrid vehicles it is prudent that Lotus Rental Car adds hybrid vehicles to their urban centers and joins the environmental movement along with major vehicle manufacturers. It is clear that as time passes, a portion of new business will gravitate toward rental car companies that offer alternative fuel vehicles. Lotus Rental Car company will lose future market share and the expense of entering the hybrid market will increase if Lotus Rental Car company enters the market after its competitors (Schueneman, 2009). Technical Aspects One of the many advantages of owning a hybrid vehicle is saving money at the pump. Unlike your standard gas running car, this on average would do about 21 mpg highway and city driving. Hybrids on average are doing 30 mpg highway and city. An article written on nationalgeographic.com it shows the actual fuel saving over a year span â€Å"The average American driver between the ages of 34 and 55 drives 15,291 miles annually. Divide this annual mileage figure by 21 miles to the gallon for the standard model, and you will find that you would buy about 728 gallons of gasoline a year. In contrast, if you divide the annual miles figure by 30 for the hybrid, you would determine that the annual gas purchase would be of about 510 gallons. You would save 218 gallons of gas a year with the hybrid. Multiply this by a conservative $3.50 a gallon for a dollar savings of $763. By selecting the hybrid over the standard model, you would make up for the $5,560 difference in sticker price in seven to eight years. Subtract the maximum tax incentive and you could recoup the $2,160 difference in less than three years. Thus, in this example, you would save money either by paying full price and driving your hybrid for more than eight years, or by driving it for more than three years with a tax credit.†(Nationalgeographic.com by Lynne Haley Rose). So although the price tag is little higher on hybrids you will easily make your money back in the gas savings. Most people may think,† Yeah, you save on gas, but don’t get the as much horsepower when you purchase a hybrid vehicle.† The idea of combining electric and gas does seem to leave much room for speed and maneuverability. This assumption is not true; yes hybrids do have smaller gas engines, but they make it up with their electric engine. Coupled with the gas engine, the electric engine can send power to various parts of the car, mainly the wheels. This is a very good advantage over standard horsepower, because it could actually supply more power to the car; which increases its speed. With all this talk about horsepower and speed, we begin to think about maintaining a hybrid car. Once again, just because it’s a hybrid doesn’t mean it’s more expensive. Most of the basic normal maintenance requirements like oil changes and tune ups cost about the same as standard cars. They even have their own perks. A standard car requires an oil change every 3,000 miles; whereas hybrids are every 6,000 miles. One of the most expensive items on a hybrid is the car’s battery; which can run you up to 3,000 dollars. Don’t let this number scare you, because these batteries have no real recorded life expectancy â€Å"a long time† is what I kept seeing in my research. As said in (8 Reasons to Buy a Hybrid Car) â€Å"There’s no difference between a hybrid and the gas-powered car parked in your garage — it can accelerate just as quickly and cruise just as fast on the highway, and it handles just as smoothly. Most important, hybrids are just as safe to drive.† (By Alan Rider Parents.com). Hybrids have come a long way since the first Prius 10 years ago. They’ve excelled in mpg, horsepower and style. There are a number of hybrids out there now and many styles to choose from in the standard and luxury lines. As far a comfortable ride, hybrids and standard cars are the same. Now, of course, if you go out and get a Lexus hybrid you’re going to have more luxuries than if you purchased a Toyota hybrid. Most cars you get know have all of the technical capabilities available and if they don’t they can be added. Technology will not stop growing and with that so will the new age of hybrids. Environmental Aspects Petroleum based fuels can create harmful emissions like carbon dioxide; nitrous oxides, and particulate matter, all of which degrade the environment (â€Å"5 things you need to know about alternative fuel vehicles,† 2008). These methane, carbon dioxide, nitrous oxide and other gasses are known as greenhouse gases. When these gasses build up they contribute to global warming. HybridCar.org claims that Hybrid vehicles produce 80 percent less greenhouse gases than conventional fuel based vehicles (â€Å"Hybrid Cars And Pollution†, 2005). Toxicity is another problem with petroleum fuel based vehicles. The producing of some forms of alternative fuels can create fewer toxins than those produced by traditional fuel vehicles. For instance, biodiesel is a fuel that is created from leftover vegetation like corn stalks. Biodiesel is biodegradable and non-toxic which makes it safe for the environment. Noise pollution is also a form of pollution. Car engines can produce 110 decibels of noise, which is twice as loud as a normal conversation.. The noise will come from the fuel pump, pistons and compressors that create the combustion and cycle the fuel. Vehicles with alternative fuel sources such as hydrogen fuel cells will produce no sound or vibration as they require no moving parts to produce fuel. Recommendations The research has shown that a fleet of alternative fuel sourced vehicles would be the best idea for everyone involved. The positive feedback generated by offering this fleet of vehicles would be astounding. The market for rental cars with alternative fuel capabilities is very small and the Lotus Car Rental Company would have the market cornered. The cost of maintain a fleet of these vehicles are no different than that of petroleum fueled vehicles. The consumer that is able to rent these vehicles will also benefit by being able to save more money on energy for the vehicle. The environment will also benefit from this addition to the Lotus Car Rental fleet. The amount of pollution and emissions that can be cut back will be helpful to the surrounding community and the future generations to grow up in the community. Conclusion The creation of a fleet of alternative fuel sourced automobiles would be a wise decision for the Lotus Car Rental Company. After conducting much research, the decision to incorporate a fleet of alternative fuel sourced automobiles would be in the best interest of the public as well as the company. The research has shown the monetary benefits, the technical benefits as well as the environmental benefits of acquiring a fleet of alternative fuel sourced automobiles. The benefits of having a positive company reputation are enormous. Having an environmentally friendly car rental company has the potential of being a lucrative decision. Living a green lifestyle has become an important thing in this day and age. The Lotus Car Rental Company will have cornered the market by having an entire fleet of environmentally friendly automobiles. References Alternative fuel vehicles. (2012). Retrieved from http://www.fueleconomy.gov/feg/current.shtml Edmunds.com. (2009). Retrieved from http://www.edmunds.com/fuel-economy/what-is-a-hybrid-car-how-do-hybrids-work.html Almeida, A. (2009, August 13). Average Cost of a Hybrid Car. Retrieved from CarsDirect: http://www.carsdirect.com/car-pricing/whats-the-average-cost-of-a-new-hybrid-car Schueneman, T. (2009, February 12). Enterprise Rent-a-Car Adds 5000 Hybrids to its Fleet of Fuel Efficient Cars. Retrieved from sustainablog: http://sustainablog.org/2009/02/enterprise-rent-a-car-adds-5000-hybrids-to-its-fleet-of-fuel-efficient-cars/ 5 things you need to know about alternative fuel vehicles. (2008, July). greencar.com, (), . Retrieved from http://www.greencar.com/articles/5-things-need-alternative-fuel-vehicles.php Hybrid cars and pollution. (2005). Retrieved from http://www.hybrid-car.org/hybrid-cars-pollution.html