The History Of Alcatraz essays

The History Of Alcatraz articles In spite of the fact that Alcatraz sits in San Francisco Bay, just a little over a mile from the city, the island appeared as far off as though it were a thousand miles out to the ocean. The island appears to be uninviting and as a result of its unappeal, it assumed a significant job throughout the entire existence of California. The island had various employments. Alcatraz was the site of a ground-breaking post, a military jail and a government jail. The island is encircled by slippery cross flows and five-tie tides with a savage undertow. The water temperature around Alcatraz midpoints fifty-four degrees which is freezing enough to actuate hypothermia. Notwithstanding the frosty temperature, there are infrequent sharks and whirlpools sufficiently able to suffocate a man. Despite the fact that not speaking to a vacationer, the geology of the zone was ideal for a jail as it caused get away from about difficult (To blush, 165). The California dash for unheard of wealth prodded the structure of a beacon on the island. Riches from gold expanded San Franciscos transport traffic and populace and a managing light was expected to take the boats securely through the straight. In 1850, the military utilized the island as a protection. Spots for guns and weapon positions were cut out of the land inclines. In excess of 400 warriors were positioned on the island, guarding it from outside assault. The militarys Rodman gun could fire fifteen inch, 440 pound cannonballs to the extent three miles. The military moved off the island when the guard framework got obsolete (Golden Gate National Park Association, Discover Alcatraz, 2). During the Civil War, troopers sentenced for departure, robbery, assault, murder and treachery were detained on the island. During the Spanish War of 1898 military convicts were housed there. Afterward, gatherings of Native American activists involved the island on three distinct events. Their stays ran from four hours to nineteen months. The Native Americans guaranteed the island for the Indians... <!

Experiments in Group Conflict by Muzafer Sherif free essay sample

Social analyst Muzafer Sherif got inspired by mentalities and intergroup struggle in 1935. Sherif considered preference by presenting issue between gatherings of youths. Sherif was conceived in Turkey and moved to United States during 1929. He was a teacher at the University of Oklahoma when he led his examination in â€Å"The Robbers Cave Experiment: Intergroup Conflict and Cooperation. Sherifs examine has filled in as a model for considering the turn of events and subsequent decrease of bias in gatherings. The proposal of this paper is that contention expands brutality between gatherings yet in addition that savagery is decreased when gatherings are compelled to cooperate to take care of a typical issue. Sherifs work demonstrates that collaboration to arrive at objective is significant. Strife between bunches is established somewhere down in close to home, social, monetary, strict and authentic powers. The exploratory investigations of gatherings that he began in 1948, he worked with Sussman, Huntington, Harvey, White, Hood and Carolyn Sherif. We will compose a custom paper test on Trials in Group Conflict by Muzafer Sherif or on the other hand any comparable theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page They needed to work with gatherings of the casual sort, where bunch association and perspectives would come out normally and precipitously. The examination occurred in a segregated day camp since it would make a brilliant trial setting. This outdoors choice prompted picking young men around the age of 11 or 12 years of age. They chose typical young men of homogeneous foundation who didn't have the foggiest idea about different subjects. The young men didn't know that they were in a test gathering. They directed every one of their tests through ordinary camp exercises and games. Sherif watched the children conduct and tracked it. The investigation began with the young men turning into a lucid gathering. They were all living respectively at one huge bunk-house. They immediately framed bond with one another and picked certain individuals to be their â€Å"best companions. † The article was to limit the measure of individual fascination in the development of the gatherings and were placed in various lodges. They isolated the young men from their closest companion and put them in an alternate gathering and lodge. In each gathering the young men pooled their endeavors, sorted out obligations and split errands in work and play. One kid exceeded expectations in cooking, another prompted sports and the others were not exceptional in any one ability. A few young men filtered toward the base of the pile, while others maneuver for higher positions. As the gathering became association, the young men instituted monikers. Be that as it may, individuals who neglected to do things the right way or who didn't contribute their bit to the normal exertion wound up accepting the â€Å"silent treatment†, scorn or even dangers. They did a little investigation with a ball game. The young men overestimated the exhibitions by the most exceptionally respected individuals and belittled the scores of those of low social standing. The two gatherings in the camp had created bunch association and soul. The speculation made by Sherif was that when two gatherings have clashing points, their individuals will get threatening to one another despite the fact that the gatherings are made out of typical composed people. To cause discussion they made competition of games and the games began in a soul however before long blurred. They despised the individuals from inverse gathering and didn't need anything to do with them. The â€Å"superordinate† objective will have both of the gathering cooperating in light of the fact that it requires exertion from the both group. They made a progression of critical, and regular, circumstances which tested our young men. The primary circumstance was the breakdown in the water flexibly. The two gatherings met up elected to scan the water line for the difficulty and cooperated on it. Later on Sherif did a meeting on the children and it was a lovely amazement. In the meeting the young men affirmed that after the gathering exercises, the both gathering individuals began preferring one another and referenced their closest companion to be from the contrary gathering. Before the finish of the outdoors trip the gatherings continued attempting to discover chances to blend with each other. Individuals from the two gatherings mentioned that they return home together on a similar transport. I think this was a phenomenal method of educating individuals about preference and gathering exercises. I firmly concur with the analyst and his hypothesis. I do accept individuals begin loathing others with no genuine explanation. I have done that previously, I wound up loathing individuals since I was in an opposition with them and simply continued abhorring them for reasons unknown. Individuals can be isolated through rivalry however they can likewise be joined a similar way. I preferred greetings analyze especially on the grounds that it was carefully observational and exceptionally cryptic, so the young men didn't understand they were a piece of a test. This drove them to watch the young men in their genuine state and not some phony practices of theirs. I think this was outstanding amongst other trial, since it was straightforward, straightforward and contained no conceivable blunder.

Quantifying Angst

Quantifying Angst Three weeks ago in 6.009 (Fundamentals of Programming), we had to code a lab called Autocomplete. It was about implementing a data structure called a Trie (pronounced either “try” or “tree” depending on who you ask), which is “a type of search tree that stores an associative array (a mapping from keys to values).” One of the functions that we had to implement takes in any text file and spits out a list of tuples of all the words in that file and their respective frequencies of occurrence. So if the input to this function is a text file that contains: “hi hi hi hi hi bye bye” then this will be the output: [(“hi”, 5), (“bye”, 2)] After we submitted the lab, we thought about the power of this function and what we can do with it! What if we can somehow make our text messages into a text file and feed it into this function to see what words we use most frequently in our day to day lives?! We immediately thought of doing this to the group chat we have with our friend Charlotte M. ‘20, because it is a truly angsty experience that has been in the works for almost a year prime real estate for data analysis! When we suggested this idea to Charlotte, she actually started jumping up and down and did her omgomgomg-I’m-so-excited hand gesture. Then Allan did his omgomgomg-I’m-so-excited hand gesture. Then Charlotte’s friend, Katie O. ‘19, commented on our hand gestures, since she works in a lab that analyzes hand gestures. Danny was working on 18.03 and looked up confused by all the hand gestures and talk surrounding them. This school is full of wonderfully nerdy people if that wasn’t clear yet. The first step was figuring out how to turn our facebook messenger chat into a text file. We looked this up and apparently you can download all of your facebook data (including all of your messenger chats) super easily! After it downloaded, and we found the right file in the downloaded folder, all we had to do was convert it (since it downloaded as html from facebook). We just used an online converter for this. Then, we put the text file into the correct directory on one of our laptops so that our lab file with the function would have access to it, used terminal to run the function, and got the data! The output that we got was an extremely long list of ALL the unique words we ever used in our group chat. This is a small screenshot of what part of the data initially looked like. We cant include the code for the function we used to get this data, because that would be the solution to a pset that will probably be reused in the future. But we can include and explain the code that we used to make this above ugly and hard-to-read data into pretty and informative visual representations! After thinking about what we could get from this data set, we decided it would be cool to pick certain phrases that we use often and graph the frequency of their multiple variations. Take the above image. At just a glance, you can see multiple variations of aaahhhhhh. So we wanted to make a graph showing how frequently each of those variations occur. Using  these  websites  as reference, we made the code below to make pie charts! Lines 553, 554, and 555 are how we filtered the data to get all the variations of aahhhh. To get all the other graphs, we would just change the if statements of those three lines of code to include the prefixes of the words we were graphing, and also to filter out words with particular letters that we did not want (like how the if statement on line 555 is filtering out the words with ts). We also thought about what information to display where, and decided that the legend would have both the word and its raw frequency (how many times it was actually used), and the pie chart would show the percentage that that particular variation of the word occured. The legend labels were done with lines 556 and 557. The pie chart percentages were done with lines 568 576. Now get ready, because we’re about to serve you some *quantified* angst. we scream a lot these omgs are accompanied by hand gestures of course so many nos we are a patient bunch this graph literally says nothing about us, except that we need to get more creative and frequent in our whom- construction and usage also its amusing to see a graph that is 100% whomstve yeah can be used in a pretty chill way. we dont use it that way we are easily amazed lol/rip is a gem its also interesting that so many seemingly random variations of lol, like lololol and lolol were used so frequently we discuss cute wholesome things and awwww accordingly a very fun word to say/use tbh   it makes us happy to see that we yeesss and yaassss more frequently than nooo. Its around a 13:1 yes/yas to nooo ratio! Hopefully this gave you some insight into our angsty group chat. Post Tagged #6.009

Buy Essay Online Comparing Homers Odyssey and Joyces...

Comparing Homers Odyssey and Joyces Ulysses This essay will analyze the style, genre and plots of the Hades episodes found in Homers Odyssey and Joyces Ulysses. Before entering this small treatise, it is important to understand the etymology of the word Hades, since it is the setting for both Joyce and Homer (of course in Homers case, he was speaking of the literal aidhs and Joyce was referring to the graveyard, where Bloom attends the funeral of Paddy Dignam and broods about the death of his only son ). Homers use of the word Hades was to refer to the abode of the dead or the unseen nether world; where we find Odysseus searching for Tiresias, to find out how to return to Ithaca safely. The Homeric Hades†¦show more content†¦With Homer, we find narration (when needed), good sentence structure, understandable plots, proverbial wisdom, Greek history, Greek mythology, and true heroines. In Joyce, we dont find an omniscient narrator; nor a consistent sentence structure but rather a stream of consciousness; we dont re ally find a clear plot; we dont have any true heroines as defined by the standards of the Western world because the two main characters (Leopold Bloom and Stephen Dedalus) dont accomplish any feats or beat any obstacles in the nineteen hours Joyce gives them . Among the eighteen episodes in Ulysses, little happens; however, in the eighteen episodes of the Odyssey, adventure is at its best, as far as Greek literature is concerned. Its funny though, even though Joyces writing is cluttered with streams of consciousnelss there is an ironic structure that can only be understood while wearing the spectacles of Homer. In Joyces Voices, Kenner, professor of Humanities at Johns Hopkins University, writes that Joyce was Homers scrupulous apprentice. It was Homer, weve seen, who held his wild book together . If we are to find any structure whatsoever, we must look to Homer, for only in Homer will we find salvation in Joyce. Joyce, much like Hegel and Nietzsche, helped father existentialism in the literary world. Just as Picassos synthetic cubism changed the art worldso Joyce shaped the twentieth century literary world

Internship At School Leadership Questions For...

ELAD615 Internship in School Leadership Questions for consideration during the 3-way Phone Conference with you, your Mentor and MSU Professor: †¢ What will I learn from creating and completing my project? By creating and completing my project, I believe I will learn about numerous aspects of school leadership, as well as gain skills in working within a department in which I have little prior experience. I chose a student learning problem involving special services, and will learn about how special education students are provided with services, the challenges this entails, the legalities of this area of education, and how to take on a leadership role with staff members. I will learn about the gathering and analysis of relevant data, how it drives decisions in an educational setting, and will learn about the differences in instruction for special education students vs. general educations students. In addition, I will learn about the nuances that are present within our community, potentially involving the stigma that parents struggle with when their child is in need of special services, and how a school leader can address these issues with each child’s best interests in mind. †¢ What solid data supports the need for my project? The Collaborative Support Intervention (CSI) department has the benefit of multiple sources of data to support the need to evaluate its student entrance criteria. Assessments ranging from benchmark scores, report card grades, teacherShow MoreRelatedInduction Program, Performance, and Morale of Teachers in Selected Schools in Deped, Cavite City16840 Words   |  68 PagesChapter 1 THE PROBLEM AND ITS BACKGROUND Introduction â€Å"The DepEd shall pursue to institutionalize the Teacher Induction Program in the division and school levels of DepEd†¦ - MTPDP, 2004-2010 The Department of Education is known as the biggest bureaucracy in the country. As a beginning professional teacher, it is advantageous to know the legal bases of education and the programs and projects of the department. It must also be clarified about the rights, responsibilities, and accountabilities asRead MoreHoliday Inn Analysis8960 Words   |  36 PagesAppendix 2 Porters five forces 26 Appendix 3 total children from 9 to 11 26 Appendix 4 Total inhabitants Valencia 27 Appendix 5 Overview income Spain 27 Appendix 6 Questionnaire 28 Appendix 7 Price study 31 Appendix 8 old brochure 32 Appendix 9 New brochure 38 Executive Summary This report will contain information about Holiday Inn Valencia. With its 200 rooms one of the biggest hotels in Valencia. 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By applying statistical procedure of multivariate analysis of variance (MANOVA) to the Work Values Inventory (Super 1970) a measurement can be made of the null hypothesis showing the mean vector of 15 work values. Univariate tests of each variable were used to address the other research questions: 1. Creativity 2. Management 3. Achievement 4. Surroundings 5. Supervisory relations 6. Way of life 7. SecurityRead More65 Successful Harvard Business School Application Essays 2nd Edition 147256 Words   |  190 PagesBUSINESS SCHOOL HARVARD SUCCESSFUL 65 APPLICATION SECOND EDITION E S S AY S APPLICATION BUSINESS SCHOOL HARVARD SUCCESSFUL 65 ECSNS A IYI O N S SE O D ED T With Analysis by the Staff of The Harbus, the Harvard Business School Newspaper ST. MARTIN’S GRIFFIN NEW YORK 65 SUCCESSFUL HARVARD BUSINESS SCHOOL APPLICATION ESSAYS, SECOND EDITION. Copyright  © 2009 byThe Harbus News Corporation. All rights reserved. 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To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey 07458, or you may fax your request to 201-236-3290. Many of the designations by manufacturers and sellers to distinguish their products are claimed as trademarks. Where those designations appear in this book, and the publisher was aware of a trademark claim, the designationsRead MoreH2O Can Expand Operations from Germany Into the Us30890 Words   |  124 PagesCorporation By Kibitzer Inc. 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Writing a Victorian Mystery Novel Free Essays

Victorian novels are literatures written with the neo-Victorian theme. During the Victorian era, named after the reigning British monarch, Queen Victoria, novels were the leading form of English literature. Many English writers, sometimes referred to as â€Å"Victorian novelists†, created legacy as their works were very much appealing to the English speaking communities as well as countries like France and Russia. We will write a custom essay sample on Writing a Victorian Mystery Novel or any similar topic only for you Order Now Until today, works of these novelists still continue to attract people in reading novels as well as writing Victorian murder mystery novels. This essay is about writing novels using the key elements of the Victorian murder mystery style. In writing a Victorian murder mystery novel, there are important elements that should be taken into consideration. The Little Professor has written some â€Å"Rules for Writing Neo-Victorian Novels† which are very much useful in the writing process. I will be using Sir Arthur Conan Doyle’s The Adventure of the Speckled Band as an example of a novel written in the neo-Victorian murder mystery style. It is in the form of detective fiction which indeed was very popular. Perhaps the most important element of the neo-Victorian novels is the use of female role models. Victorian wives are usually portrayed as unfulfilled in their emotional and sexual needs resulting to illicit love affairs which create tension in the story—the flesh and blood of the Victorian novels. Other issues also arise from hostile treatment of women especially in the countryside. The Adventure of Speckle Band used this idea though in a different way. Dr. Roylott, the main perpetrator of the novel, was determined to kill his step daughters as soon as they were engaged for the annuity they were about to receive from their late mother. Of course, any case could never be solved without the help of the main character. In The Adventure of Speckle Band, Doyle’s presentation of the fictional character, Sherlock Holmes, and his amazing deductive and inductive abilities always bring the readers into the scenes drawn into the character’s mind. Throughout the novel, and the whole Sherlock Holmes series, the character was held mysterious but was a great man. Victorian murder mystery novels have heroes and heroines who possess great analytical abilities as the Victorian novels are not much of picturesque and burlesque which were common in the Renaissance literature. Finally, endings must be less of a happy ending. Victorian novels talk about grim experiences of women (and men) living in cities and hostile treatments in the fast-paced changing of female role models in the countryside. Although the Victorian novels were patterned through grim experiences, the endings still show that â€Å"hard work, perseverance, love and luck†, dubbed as good characteristics, win against evil schemes. Reference Rules for Writing Neo-Victorian Novels. 15 March 2006. The Little Professor. 9 May 2007 http://littleprofessor. typepad. com/the_little_professor/2006/03/rules_for_writi. html. The Adventure of the Speckled Band. 24 April 2007. Wikimedia Foundation, Inc. 9 May 2007 http://en. wikipedia. org/wiki/The_Adventure_of_the_Speckled_Band . How to cite Writing a Victorian Mystery Novel, Papers

Hollate Company free essay sample

The analyzed case study refers to the Hollate Manufacturing company, which belonged to the home construction industry since 1950s. The company operated in the United States and Canada with 14 divisions spread throughout the countries. Hollate’s performance was significantly better than its peers, resulting in $1 billion sales. The company maintained its growth over the years due to growth-through-acquisition strategy. However, the home construction industry suffered downturn in recent years. Hollate manufacturing faced a problem with audit as far as with personnel. Four suggestions are given along with answer to the question how to avoid alike situations. Problem statement After initial public offering Jack Brennahan took the position of the chief executive officer in the company. It resulted in hiring an experienced and well-educated William Blackburt, who took Brennahan’s former position as chief financial officer. Subsequently the board was reorganized and the board committees were created. The rapid growth of the company was not followed by hiring more auditors and had only four at that time, moreover, internal audit did not test financial reporting. We will write a custom essay sample on Hollate Company or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Jonas Durand, the chief audit executive met often with the CFO instead of with audit committee. The CEO seemed too optimistic about the downturn ending soon. Additionally, new external auditor took Hollate as its client. Data analysis: Members of the audit committee, apart from chair of the audit committee, were not well-versed in accounting rules, even the basic ones. The suggestion of providing them with instructions in basic accounting matters was rejected. This was a serious case, as audit committees should be aware how Hollate’s books were constructed, so they could justify its correctness. Furthermore, the CAE failed to hire more internal audit personnel and had difficulties in fulfilling his tasks in time, which was a serious issue because Duran could not cope with amount of tasks he was given. He met regularly with the CFO asking him questions, when he did not understand something. That caused Durand to have little communication with audit committee to which Blackburt reported on Durand’s behalf. What is more the CEO did not want to make huge cuts due to downturn, as he believed it would end soon and wanted to be prepared for quick return to full capacity production, therefore, personnel as worried of losing their jobs due to tough competitive climate. Due to continuous downturn in the industry Hollate’s performance started to slip. Previously taken $150 million credit line to finance acquisitions was violated as the company failed to meet covenants. As fourth quarter earnings were to be announced the new external audit company LPS LLC started to ask qu estions about unexplained accounting transactions to which they did not receive answers nor from controller nor from Blackburt, who was believed to know everything about Hollate’s financials. This was a serious situation as figures in the journals turned out to be significant and Blackburt acted with anger and frustration, which was not common for him. Solutions to the problems: The CEO should organize the accounting course for all those in the board, who are unfamiliar with accountancy rules and make sure the audit committees are fully capable of understanding it and it sources. Additionally, more personnel in the internal audit should be hired to assure its tasks being completed correctly and in the full extent. Moreover, it has to be assured that controllers always respond to external auditors questions, so a situation like mentioned above never occurs again. The CEO should take a precise insight into William Blackburt’s actions. It is highly recommended that the CFO does not interfere with the CAE’s job to provide feedback directly to the audit committee. Moreover, the company’s strategy should be discussed to assure that COO, marketing and sales VP and general counsel do not take passive roles. Additionally, the CFO should not focus so greatly on opposite strategy as presented by the CEO, as now the CEO wanted to maintain secure growth via acquisitions, securing gap in production and more geographic coverage, and on the other had the CFO wanted only more and more new acquisitions, which was not the right approach because his subordinates may have been confused about company’s strategy. Most importantly, the external audit should be given straight answers to their question to be fully aware of Hollate’s situation, as far as the company is quoted on the stock exchange and there is no place for uncertainty in the books or even a small suspicion of a fraud. Actions mentioned above should be implemented quickly to secure Hollate’s market position. Q1. First move of Jack Brennahan should be to investigate the reasons why did William Blackburt and the controller refuse to answer the questions asked by external auditors, followed by clearing out the uncertainties in the books which were a subject of concern to them. Q2. Hollate ended in situation like that due to

What I Believe Life Lessons Learned as a Child Essay Example For Students

What I Believe Life Lessons Learned as a Child Essay As a child, one of the most difficult things I had to deal with was when my father abandoned our family. In my family there had always been financial difficulties, which leads to a lot of fighting and bickering between my parents. I just believed that how things were, though, of course it hurt to see it. However, as time progressed I saw the emotional distance between my parents grow, until there was nothing but silence. Not too long after I noticed this silence is when my father left. To be honest, what I felt most upon coming home from school and seeing all his belongings gone was relief. I was relieved to think the tension between my parents would no longer be there. I was relieved to not have to tiptoe around my father out of fear he might become angry. The relief eventually turned to fear and anxiety. Growing up in a home filled with tension, I learned early on to take on the worries and anxieties of my parents, and then mother. After my father left, I knew money would become an even greater issue than it was before. We will write a custom essay on What I Believe Life Lessons Learned as a Child specifically for you for only $16.38 $13.9/page Order now I knew my mother would have to work even harder to support us financially. I then decided that I would do what I could to help out. While I was too young to go out and get a job, I found I could do small things, at home to help out. I helped to clean and keep watch over my younger siblings. I learned to cook, which is an activity I enjoy till this day. Even at a young age I found I was able to contribute to help our family manage. In reminisces, I find it hard to believe that I did overcome the handful responsibilities which I could not imagine these days. As I grew older, and when things got really tough, we found food pantries would donate to us and when we could, we donated to these pantries. As a teenager an after graduating from high school, I returned the favor that was given to us by volunteering at food pantries or participating in food drives to help gather canned food to be distributed to those in need. The biggest lesson all of this has taught me is that we, as humans, cannot and were not meant to survive on our own. One of the biggest problems I think that lays at the heart of American culture is our individualistic nature. We pride ourselves on doing thing on our own and â€Å"rugged individualism. † These are good qualities, in moderation. The problem is, many of these notions have been taken to the extreme. People were meant to thrive in community with one another. As a child, I learned that people are stronger and better when they work together. This is a life lesson I will carry with me until the end of my life because it is what I truly believe in.

How to Pick a Blade Length for Your Chainsaw

How to Pick a Blade Length for Your Chainsaw When selecting a blade length for your chainsaw, it is important to take into consideration the nature of your work and the size of your work area. For most simple jobs, such as backyard pruning, a chainsaw with a saw bar or blade that can cut through an average tree limb will be adequate. For other work, consider several factors before selecting a chainsaw: blade length and the power of the saws engine displacement, which is measured in cubic centimeters (cc). It takes substantial power to drive a chain on a longer, heavier bar through dense wood. The length of your blade should ultimately be determined by the horsepower of your saw. You should also take into account the type of work you will be doing with your chainsaw. A saw that would be perfect for a sawyer on a logging deck might be very awkward in the hands of someone working in a tree. Possibly the most important safety issues to keep in mind are your experience, physical condition, and health. The blade size and power of your chainsaw should match your experience and ability. Small saws can still be dangerous but are more forgiving to new chainsaw users. Electric Chainsaws Electric chainsaws attach to a power outlet using a length of cord or are powered by a strong battery. If you are using a chainsaw for the first time, you should start with an electric chainsaw to gain some practical experience. The standard blade sizes are relatively small, at 8 to 12 inches. Electric chainsaws are perfect for yard work such as limb thinning, trimming and pruning. They are also adequate for larger limb removal and cutting down smaller trees. This type of chainsaw should not be used for storm damage cleanup, felling larger trees, or cutting firewood. Light-Duty Chainsaws Light-duty chainsaws are also good tools for beginning chainsaw users looking to gain some practical experience. For many users, they are all you will ever need. The standard blade sizes are 10 to 14 inches, with engine displacements of 30 to 45 ccs. Like electric chainsaws, these tools are great for yard work, and they come with greater power than their plug-in counterparts. They are also adequate for the removal of larger limbs and smaller trees.  As with electrics, these tools should not be used for storm damage cleanup, felling larger trees, or cutting firewood. Medium- to Heavy-Duty Chainsaws Here is where things start to get more complicated. Larger saws should only be operated by people who have experience using chainsaws. In the wrong hands, these tools can be very dangerous, so newcomers should train with smaller saws before handling them. The standard blade sizes for medium- to heavy-duty chainsaws are 14 to 18 inches, with engine displacements of 40 to 50 cc. Heavy-duty saws with long blades are adequate for heavy yard work, though in many cases they tend to be overkill and can actually hinder you on a small job. Large saws are best for cutting larger limbs, bucking medium tree trunks for removal, and working on storm damage. Chainsaws with longer blades (18 to 20 inches) are workhorses best reserved for  felling larger trees  or cutting firewood. Professional Chainsaws Professional chainsaws are mainly for people who use a chainsaw every day, usually in the process of a regular work routine. If you depend upon a chainsaw for your livelihood, this is the tool for you. Most professional saws will range from 60 cc-sized engines on up to more than 120 ccs. Sometimes property owners choose a professional chainsaw to meet the demands of constant heavy work or if the cutting jobs on the property require a larger powered saw. These tools are also used as the power and saw for portable chainsaw mills.

Short Paper on Male Health Essay Example | Topics and Well Written Essays - 250 words

Short Paper on Male Health - Essay Example According to Botswick et al. (2004), there is a number of risk factors which can increase the possibility of prostate cancer. First of all, men who have close relative with prostate cancers are twice as likely to develop have it in their future. Hormonal levels of androgens and alterations in their metabolism also increase the risks; it changes with age. Aging is a very important risk factor as men after 60 have higher risks of prostate cancer development. The race (African American) is also a great risk factor. Finally, such factors as diet, lifestyle, ecology and occupation can significantly contribute to the disease epidemiology. The first symptoms of the prostate cancer include increased frequency of urination, difficulties related to start and stop urinating, burning and painful sensations. Blood can appear in urine or semen. Significant weight loss and tiredness are also related to prostate cancer as its symptoms (Derrer, 2014). The chances to survive after the diagnosis are high if cancer is diagnosed at its early stage. 100% of men recover successfully. However, if advanced prostate cancer is diagnosed, the chances to survive merit only 28% (Derrer, 2014). This data is not a verdict; treatment for prostate cancer is advancing steadily. More men have chances to survive with advanced prostate cancer diagnosis if they receive quality healthcare and contribute to their health personally by making healthy choices. The study by Ho et al. (2012) suggest that special diet can reduce the chances of prostate cancers. Consumption of low-fat products and reduction of animal fat in daily ration contributes to overall health condition. Vitamins and microelements such as folate, zinc, selenium and B-12 protect men’s organism from cancer. Green tea contains natural phytochemicals which are very important for prostate cancer prevention. Ho, E., Beaver, L. M., Williams, D. E., & Dashwood, R. H. (2011). Dietary factors and epigenetic regulation for prostate

Dorothea Orems Self-Care Model Essay Example | Topics and Well Written Essays - 500 words

Dorothea Orems Self-Care Model - Essay Example This theory held a number of major assumptions. The most overarching consideration was that the theory believed that people should be self-reliant and responsible for their own care. In this mode of understanding, she viewed people as distinct individuals. Orem believed that nursing was a form of action, specifically between two or more people. As Orem believed that self-care was a human need many of the theoretical tenants of this nursing theory considered ways that nurses could facilitate self-care. This theory then considered that the role of nursing was to ensure that the patient or members of their family were able to meet the patient’s care needs. Orem’s theory placed great emphasis on the notion of wholeness. This wholeness encompassed health concerns including biological, social, and symbolic elements. Orem was then concerned with establishing the differing means by which nurses could aid the patient with self-care. In this way, she was concerned with self-care, self-care agency, therapeutic self-care, and self-care requisites. Self-care agency refers to the extent that the patient is capable of taking control of their care needs. Therapeutic self-care is the â€Å"totality of self-care actions to be performed for some duration in order to meet self-care requisites by using valid methods and related sets of operations and actions† ("Dorothea Orem's self-care," 2012). Finally, self-care requisites are the steps the patient needs to take to assume greater self-care. In conclusion, these comprehensive elements formed Orem self-care theory of nursing. This model would greatly influence nursing theory throughout her time and continues to influence contemporary contexts.

Water Management Of The Thar Desert Environmental Sciences Essay

Water Management Of The Thar Desert Environmental Sciences Essay The Thar Desert, also known at the Indian Desert is located partly in Rajasthan state, northwestern India, Punjab province, Sindh province and eastern Pakistan in Asia. (Britannica) Its precise location is between latitudes 24 ° and 28 ° north and between longitude 68 °and 71 ° east. (Irrigation) This desert is considered one of the smallest hot deserts in the world only, 77,000 square miles (200,000km ²) (Britannica) yet it has the highest human population of all deserts in the world. (Kuma) Other deserts have a population density of less than ten people per square kilometer, while Thar has a density of more than eighty people per square kilometer. (BBC) With such a large population which continues to grow, it can put a great strain on the environment and the resources it provides. One very important resource that the environment provided is water. Water is the bases for life on Earth and without it humans would not be able to survive. Not only do humans demand water direc tly, they demand it indirectly for the growth of their livestock and crops. Water management in the Thar Desert has to be constantly looked after to ensure that the supply of water will always be present. There are three main ways to get water in the Thar Desert. First, is the rainfall distribution. Second is the terrain type. Third is importing water from outside the area. (Dhir) All of the water management techniques that the Thar people use can be categorized into one of these ways. No one individual method of obtaining water is fully effective by itself. It takes a combination of many techniques to keep a water supply that can sustain the people who are using it. Some techniques rely solely on the weather conditions in a given year and can fluxuate from year to year and are not always dependable. This is why multiple techniques are used to obtain water, in case one fails there are others to fall back on. The soils in the Thar Desert does not allow for water to remain at the ground surface. The soil is made up of loose and porous sand. This allows for the rainwater to quickly be absorbed by the soil and any extra water moves straight down to the ground water reservoirs, via percolation. Unless the water is captured before it hits the soils surface or contained in something at the surface there is no way to access it without going into the ground water reservoirs. (Irrigation) Capturing rain water would be much easier if more of it came to the Thar Desert. The rainfall that is received is relatively low. In the west, the desert receives 4 inches or less of rain fall and in the east about 20 inches of rainfall. (Britannica) The amount of rainfall an area gets is dependent upon where it is located. The rain is sporadic in most parts. Up to nine-tenths of the rain received by the Thar Desert comes between June and September which is the monsoon season. (Agrican and Irrigation) Due to the fluxuation in rain, in regards to when it arrives, it causes agriculture to fluxuate with it. Before the rains arrive the land production is very poor and after the rains have arrived the land is very productive. In a sense the rainfall determines whether or not there will be an opportunity to grow crops effectively. The more rainfall means there is more availability for crop production and the less rainfall means there is less availability for crop production. After a good rainfall when the desert is full of nutrients and succulent grasses a large number of cattle from the Nara Valley in Pakistan and adjoining areas come to graze in the desert. (Irrigation) Herders also take advantage of the rainfall and move their cattle to areas where the grasses are plentiful and nutritious. When there is not a good rainfall herders must find others areas to grazer their cattle which might include irrigated areas. Other ways to make use of the monsoon rains are to cultivate patches of land that is suitable in the low ground. These low grounds are found between sand-mounds (talis, tals or dhars). When the rains are deemed adequate for cultivating crops these areas are taken advantage of. Budgeting the water can be an effective way to manage the water that is available and relate it to the potential crop production it could yield. A formula was derived consisting of four variables: the availability of reserve supply of soil profile moisture (M), in a given period varies under the influence of rainfall (P), runoff (S), percolation (U) and evapotranspiration (ET). (Sen) The equation for the balance of water is P = S  ± M  ± U + ET. Water budget studies have shown that evapotranspiration accounts for 75-80 percent of the rainfall, percolation accounts for 5-10 percent, and 10-15 percent of the rainfall contributed to increasing the moisture of the soil profile when there is no water going to run-off. Techniques used to balance water on an agricultural farm in the Thar Desert include improving infiltration, deep percolation, control of evapotranspiration, and harvesting run-off. Infiltration can be done by bunding, shattering of hard pan or preparatory tillage. Deep p ercolation can be improved by soil compaction. Improving the control over evapotranspiration can be established by control of evaporation. Harvesting run-off can be improved by inter-plot water harvesting or inter-row water harvesting. By improving the means of which water is budgeted can cause the water that is acquired to be used more effectively for farming practices instead of being acquired by the land where is becomes more difficult to obtain. Irrigation is a means of importing water in from another area and can be used in combination with water budgeting of the rain fall of an area. It is the main way that the people of the Thar support their agriculture. Between 1951 and 1980 there were at least 1,127 irrigation projects that were classified as major or medium that were taken up. Of the 1,127 projects 506 were complete, 17 were almost completed and the others were yielding partial benefits. (Prakash) There was a goal set to achieve 1,130 lakh hectares of grass irrigation potential which was the assessed target. This goal caused an increase in the development of policy for implementing irrigation projects. Irrigation projects have been going on in the Thar Desert long before the 1950s. The Gang Canal Project was started in 1920 and completed in 1928. The project consisted of the construction of a canal that would irrigate the north western part of Ganganagar and have a total length of 1,251 km in Rajasthan. The Bikaner Ca nal would feed into the newly constructed Gang Canal and potentially provide water to the extent of cultural command area (CCA) of three 07,692 ha. (Kuma) This is just one irrigation project that was created and currently still operating in the Thar Desert. Another irrigation project is the Indira Gandhi Nahar Pariyojana (IGNP). This projects main goal was to fetch the river water to the waste stretches of desert in western Rajasthan from the Himalayas. (Kuma) The water would be diverted in Punjab from the Hari-ke-Barrage and travel to Rajasthan. This project started in 1958; one of the 1,127 projects developed and was considered a partial irrigation facility in 1961. The project was separated into two different stages. The first stage focused on the 0-74 km of the main canal and stage 2 focused on the 74-189 km of the main canal. The completion of this irrigation project would potential bring irrigation to 15.85 lakh hectare of semi-arid and arid desert wasteland in a cultural command area spanning across four districts of the Thar Desert of Rajasthan, namely Ganganager, Bikaner, Hanumangarh and Jaisalmer. (Kuma) This project would help to irrigate almost the entire western side of Rajasthan by merely diverting the water from another a rea. In the area of Nagaroarkar, specifically the inland section, the Sind government set up experiments to try to improve water availability. These experiments took place between 1968 and 1969 and possibly could have been included in the 1,127 irrigation projects. The Sind government developed six flood irrigation schemes and four tank construction schemes, Gordharo Bhatiani flood scheme, Ranpur Basin-cum-Inundation Scheme, Surachand Flood irrigation scheme and Bhodosar, Tobiriyo, Nabisar and Ghartiara tanks. (Irrigation) These experiments were successful and provided water reservoirs in these inland sections of Nagarparkar. The reservoirs were used for multiple months after the initial water was stored. The success of these experiments showed that ideas such as these need to be replicated and applied to other areas and try to increase the performance of the ideas. (Agrican and Irrigation) Other areas in the Sind portion of the desert presented promising ideas for the improvement and development of water availability. One development was to repair the existing well and ponds that can be repaired and this action is suitable for the entire desert. A second development was to dig deeper wells and it is mostly suitable for areas along the aquifers in the central and eastern portion so the desert. A third development was to dig a canal from the Indus River which once completed would allow for more expansion of the canal system reaching a wider area. A fourth development was the collection of the rainwater in more effective ways specifically focused on the construction of reservoirs with supporting deep tube-wells. These four developments along with the expansion of the irrigation experiments were compiled in 1985 and fall into the three ways of obtaining water; rainfall, terrain and importing. So over the years since 1920 the development of irrigation projects and other mea ns of acquiring water availability has been an ongoing process. (Agrican and Irrigation) Besides irrigation systems there are also means of conserving what surface water is available from the rainfall. Surface water can be gathered in traditional nadis (small ponds), tankas (underground covered tanks) or khadins (water harvesting structures for agriculture). The nadis are one of the major sources of drinking water both for human and livestock consumption. The nadis are dug by villagers in locations that are deemed natural for catching water in higher yield potential. They are constructed to an optimum size, in dune areas from 1.5 meters to 4 meters and in sandy plain 3 meter to 12 meters, and their depth is typically to the zone of calcrete formation. The nadis are used for an entire village if possible and the water supply that is stored in them could last anywhere from two months to a year after the rains depending on the water usage of the villagers (Centre for Science and Environment). Tankas on the other hand might be owned by an individual family or by the communit y. Tankas are being replaced with pipe-water supplies now since they were mostly used in remote areas. (Dhir) Tankas are underground tanks that are built within a main house or the courtyard of a house. They are constructed during the winter and summer seasons when there is available labor since people are not needed for agricultural labor during these seasons. The tanks consist of a hole dug into the ground about ten feet deep that is circular and is lined with fine polished lime. The catchment area of about 30 feet radius is made sloping towards the tank inlet. (Jhunjhunwala) In the tank rainwater is collected by means of gravity and it the rain falls directly into the tank. To keep the water that is collected cooler, they decorate the tankas with tiles. The water that is collected in the tankas is used for drinking water only for a single family. The water stored in the tank can last for six to nine months. In years when there is less rainfall the tankas can be filled by transporting water from nearby wells and tanks. This means of collecting rain water is used mostly in areas far from ot her water sources. The positive effects of tankas include the women not having to leave the home to obtain water, there is an assured supply of water for domestic use, the construction of a tankas is cheaper than paying for water and having to transport it, and having a tankas can be considered a means of social respect. The main negative effect of tankas is that they take up land that could otherwise be used for agriculture. (Centre for Science and Environment) (Jhunjhunwala) Khadins are water harvesting structure used for agriculture. They are also known as dhora. Their purpose is to catch the surface runoff water. Its main feature is a very long (100-300m) earthen embankment built across the lower hill slopes lying below gravelly uplans. (Centre for Science and Environment) This allows the excess water to drain off and be gathered and used to on the land to assist with crop production. http://www.rainwaterharvesting.org/Rural/img/Khadins-img.jpg (http://www.rainwaterharvesting.org) Water management all comes down to the techniques used and if they are effective in that specific area and if there an opportunity to apply the technique to other areas or possibly improve upon the technique. Projects and experiments have been used to establish these techniques in irrigation but they have the potential to be used to discover and improve upon techniques to manage rain fall. One example of an improvement made to a technique that is already practiced is the modification of tankas. The modification consists of collecting rain water from the roof and by means of pipes transports it into the tank for storage and later use. This allows the land that would be used to construct the tankas can be used for agricultural use. (Jhunjhunwala) The water tank schemes that were tested by the Sind government were shown to be effective and tanks were implanted in other areas. The water tank is also known as johad and they provide water for both humans and cattle. They are constructed on public land and all of the people in the community have equal right to use the water in the johad, because of the common use of the johad they are often placed in areas not far from the majority of the people. To construct a johad the land has to be level and there must be clay soil so that the rain water will collect in the tank. The johad is made between January and June must be cleaned out every year as well. (Jhunjhunwala) The source of water supply can be categorized into the three main sources. These sources are rainfall, ponds and wells. In some cases there might be lakes of water also available. The rain water is collect in tarias (ponds) which only last about three to nine months. Tarais are short lived because of their size, the amount of rain water received, how fast the water is evaporating and how permeable the layers beneath the water are. The water that is contained in the tarais is fresh and used for domestic purposes of drinking and cattle watering too. Tarais are very common, in fact most villages has a tarai. Tarais also have a positive effect; their significant influence to the top seated aquifers, namely their water seeps slowly down to the ground water reservoir and freshens the brackish or saline in situ water, making it suitable for drinking and other purposes. (Irrigation) Due to this positive effect wells are often dug close to tarais. The wells are created to reach the water supply more effective. They provide almost 95% of the water that is required for an area. Wells that are built too shallow can cause problems through. They can turn brackish after time and this is a waste of money in the construction of shallow wells. (Agrican and Irrigation) The construction of a well consists of a wooden foundation in the bottom of the well in the shape of the wheel. The sides of the well are lined with green branches and brushwood in a wicker work formation. Depending on the localities in the interior of the well, such as wells between 40-100 meters, these well are lined with burnt bricks. (Irrigation) Since there has been no systematic hydrogeological investigation in the Thar Desert, there is no way of knowing if all the aquifers that exist have been discovered and put to use. Aquifers are part of the terrain aspect of obtaining water. Aquifers horizons have been assumed to exist and are grouped into three categories. The shallowest aquifers have a water table depth between a few meters and 20 meters. The medium aquifers have water table depths between 20 meters and 50 meters. The deepest aquifers have water table depths between 50 meters and over 100 meters. It is believed that the deep aquifer is present in the central and eastern parts of the Thar Desert and might be continuous or discontinuous with a mono or multi-layered structure. In most parts of the aquifer the water quality is fresh to slightly brackish but some parts of the aquifer are severely brackish and unfit for use. (Irrigation) Water in the Thar Desert is saris and a valued environmental resource. A great deal of effort has gone into designing developments, testing experiments and implementing projects to increase the water availability in the Thar Desert. The water is used for both domestic use and farming use for cattle and crops. Ideas and projects can always be built upon and improved to increase their effectiveness. Water management techniques can date back to at least the 1920s with the first project title but they occurred long before that time and they will continue to occur to support the Thar peoples way of life.

Society and Sexuality in Waiting for the Barbarians and The History of

Society and Sexuality in Waiting for the Barbarians, and The History of Sexuality  Ã‚   Within our modern minds reside two very different ways in which we deal with the subject of sexuality. The conceptual framework of modern society, to some extent, has developed out of past notions about the body. We can see that springing from our historical roots, issues concerning sexuality have been dealt with through mutual feelings of desire and disgust. The relationship between these two opposed feelings arises from a dual sense of our awareness of our sexuality. One direction we are pointed in, is to view anything sexual in content, as socially digressive. The other crosses to the opposite extreme. Sexuality is something which is talked about constantly, but usually not openly. We are also, in some ways, drawn by our sexuality to feel desire for our "other side"--the side which we do not show to many other people. Both of the poles represent aspects of a spectrum on which all of us lie, at once drawn to both extremes. The fact that we fall somewhere on that scale in the first place, points to another reason outside the reaches of the immediate family. The situation we are placed in as individuals of modernity, is an arena of pre-constructed rules and regulations regarding our sexuality. The doctrine of sex in our world has been determined by the actions and thoughts of past generations. We build upon their conceptual machinery to g enerate our own meaning within the world. The duality between desire and disgust, in relation to sexuality, is something which has been passed down to us through generations of social learning. In his book, The History of Sexuality, Michel Foucault presents evidence pointing to the connection between... ...nterest in the subject as a hidden part of human existence. The double mechanism of distancing one’s self and the desire to personally experience something, serves to formulate the ways in which we view our sexuality. Through the creation of this binary relationship, we as a society, have been taught that there are parts of ourselves which are off limits in normal discussion. To go past those lines is to travel in realms which hint of "perversion" or of experiencing an "alternate lifestyle". This societal creation tells us that some parts of our personality are ones which we should not explore, though we might be driven to. It is because of those drives, which exist in all of us, that we are forced to come to terms with ourselves, and what it means to be a part of our society. Works Cited: Coetzee, J.M. 1980 Waiting for the Barbarians Harmondsworth, Penguin.

Cosi Essay

Moreover, Nowra displays black comedy through the character’s uncouth and crude dialogue. The approach of a play within a play is used to mirror the life of Lewis within the play itself. It is only through the use of these structural techniques. It is only through the utilisation of such structural techniques that Nowra is able to accentuate the intensity and dramatic impact of Cosi The initial and most dominant structural technique used by Nowra to vividly and visually depict to the audience love and our compassion for ‘others’ in our society, is his use of structure in the text. Act one begins with the play opening in an old and burnt out theatre; theatre; this symbolises the presence of confusion and uncertainty in the atmosphere. However, the theatre undergoes a slow transformation for the characters as the rehearsals gradually progresses. The first act of the play is used to depict the relationship of the characters and their perception of the outside world, â€Å"Will outsiders see the show? † by asking this, Cherry acknowledges the difference between the world she exists in and the rest of society, distancing herself from the outside world and the people in it. Act one show the internal relationships of the characters, which eventually applies the dramatic impact. Moreover, the second act of the play is designed to portray the inner workings of the character’s minds. Nowra uses employs the technique of contrasting the two acts in order to not only show the transformation experiences by the characters, but to also show the two different perspectives of mental health in the 1970s. Thus, Nowra asserts through this technique that there are in fact two competing perspectives of mental health, one within the institution and also an ‘outside’ perception, hence challenging the characters own values and beliefs. *** It can be understood that Nowra uses the structural techniques of contrasting two acts, in order to show a transformation undergone by the characters and to show the inner working verses the outside perspective of mental health in the 1970s. They face their own challenges and values as they learn more about their own abilities. Nowra also demonstrates to the audience that these are ‘extraordinary people’ not judgmentally insane, â€Å"Cosi gave me something to think about, something to do, see I’m happy coming to this burnt out theatre†. Through the use of the two contrasting acts, the audience is Shown the character’s extraordinary change which is accentuated by the use of structural techniques such as the juxtaposition of the two acts, Which allows the characters to transform and finally â€Å"come out of their shells†. Nowra also uses dialogue to contrast characters and highlight to the audience that they are people worthy of viewing in a play. Nowra challenges the audience’s perception of mental health in the twentieth century when he introduces the character Doug, who is a ___(frail and broken young man who perceives life as ‘nothing more than a pile of crap’). Doug’s dialogue is direct and blunt but also intelligent and socially correct when he says _________________________________________________________ the way ‘outsiders’ deal with mental illness in the institution. His use of uninhibited directness highlights that the patients are not afraid to say what they are thinking and that what they are thinking is the same as a person in a broader society. â€Å"You’re not deaf are you? † this type of dialogue indicates that he knows how to behave socially, as he asks the right questions, in fact Lewis seems as if he is mental, hence why Doug asks if he is deaf. In the conversation with Doug and Lewis we see Doug asking questions, which seem to be inappropriate, Lewis ________________quote for when he uses synonyms_______hesitantly replies. Do you love her? , does she sleep around†¦. † From this we see that Doug has good mental agility, as his sequence of Questions are in fact, socially correct.. Moreover, Dough is portrayed as intelligent which is highlighted when he articulates synonyms for ‘location’ and ‘dwelling’. The directness comes at his question, â€Å"are you a poofta? † which ultimate ly gets the laugh from the audience; It is these uncensored, blunt and awkward lines that create the desired shocked but amused response from the audience. The Play within a play is a technique employed to mirror Lewis’ life with the words of an opera and escalate the desired dramatic response by Nowra. When mirroring Lewis’ life, Nowra touches on the theme of love and compels the audience to assess their own attitudes to love at the conclusion of the play. We are encouraged to empathise with the characters as they discover the value of love and loyalty. (Find a quote research play within a play. ) â€Å"What is going to happen to the couples in the future: a life of torment and adultery†. Nowra purposely draws on the consequences of immorality through Zac to show the generalisation on the modern world, towards the end of the play this statement ironically contests’ the final events of Cosi fan tute. Another effect that the play within a play acts as is a filter which allows the audience to see the issues of the external world through the behaviours of the characters. Nowra anticipates the audience to tap into the worries and dilemmas that they face from the actors, â€Å"It’s just that in here you miss out on a lot of changes in society’s morals†. The audience are also involved in the actor’s reality and are able to relate to their lives and reconsider and redefine their own morals and values. Consequently, the audience are drawn into the play to such a real level that they are affected by the character’s problems, feelings, motivations and search for reality. Thus, the technique of mirroring the character’s lives creates a surreal and realistic impact on the audience, hence heightening the vivid effect of Cosi. In order to create an intense and dramatic impact of the play, Nowra utilizes various structural techniques throughout Cosi. The use of two contrasting acts displays the transformation of many significant characters and invites the audience to the concept of transformation of the individual. Moreover, the frank and straightforward dialogue assigned to the characters prove to the audience that Cosi is a play worth viewing and create the desired ‘shock’ response by the audience. Furthermore, Nowra scripts a ‘play within a play’ to compare and contrast the parallel between the play and the lives of the characters, thus extending the dramatic impact of Cosi to each member of the audience.

Unconscionability as the Basis of Rendering a Contract - Free Essay Example

Sample details Pages: 9 Words: 2560 Downloads: 1 Date added: 2017/06/26 Category Law Essay Topics: Contract Law Essay Did you like this example? ASSIGNMENT à ¢Ã¢â€š ¬Ã…“Discuss whether the doctrine of unconscionability is appropriate to form the underlying basis for a claim of voidable contract on the ground of undue influenceà ¢Ã¢â€š ¬Ã‚  TABLE OF CONTENT Introduction Common Law Countriesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Position England Australia Canada Malaysiaà ¢Ã¢â€š ¬Ã¢â€ž ¢s position Conclusion Bibliography Introduction According to the Contract Act[1], in section 16(3) when a person entered into a contract with a person who has the position to dominate the will of another, and the transaction appears to be unconscionable, the burden to prove that the contract is not by undue influence lie on the person who has the will to dominate another. Here, it seems that the act was saying the unconscionability is an element of undue influence. However, do the doctrine of unconsionability can be regarded as an underlying basis of the Undue Influence? Doctrine of unconscionability is application of consent based obligations, where someoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s consent to bargain was only procured through external pressure that another person exploited. Basically, unconscionable contract is held unenforceable because no reasonable person would agree otherwise to it. The perpetrator is not allow to benefit, as the consideration is lacking, and to enforce the contract will be unfair. For the defe nce of unconscionability to apply, contract has to have been unconscionable, that later, the circumstances make the contract irrelevant Unconscionability is understood by jurists as a doctrine used by the court of equity to correct menà ¢Ã¢â€š ¬Ã¢â€ž ¢s conscience against unconscionable. Until now, inspiring writings and discussions have been made concerning the supposed or probable definition, description, criteria and application of the doctrine Undue influence is the use of power or influence by one person over another in such a way that the stronger party acquires a benefit, either for himself or for some other person.[2] The equitable construct of fiduciary relationships is associated with the doctrine of undue influence, which is distinguished from duress, the threat or use of excessive force. Cases of undue influence are founded upon the principle that one party is in a stronger bargaining position,[3] or has superior knowledge, or superior mental capacity than the other, weaker party who, as a result, relies on the stronger party. Common Law Countriesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Position For the purpose of this assignment, I will firstly discuss the position of the Common Law countries, which are England, Canada and Australia on the use of doctrine of unconscionability as the basis of undue influence. England In cases of undue influence, a relationship exists where one party owes the other an obligation of candor and protection, where the former acquires over the latter a measure of influence, of which the ascendant person then takes unfair advantage. Allcard v. Skinner,[4] took place in the religious climate of nineteenth century England.Back then courts themselves had only recently been reformed then, the case highlighted the growth of undue influence in the nineteenth century as a factor which could spoil a contract. In the case, Miss Allcard gave virtually all her money to a religious sisterhood who devoted themselves to works of charity. Mis s Allcard became a sister and left the sisterhood and waited six years before she initiated action for the return of her money. After the trial judge held for the defendant, the case was appealed by raising two questions: (1) whether the gifts were revocable; and (2) if so, whether revocation was competent years after leaving the religious order. Although the majority of the Court of Appeal dismissed the appeal, the enunciation of the equitable rule of undue influence became a vital doctrine. In another case, Earl of Chesterfield v. Janssen[5] involved an unfair agreement for the sale of an inheritance expectancy by an improvident young heir. à ¢Ã¢â€š ¬Ã…“no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other.à ¢Ã¢â€š ¬Ã‚  That view has been echoed in England.à ¢Ã¢â€š ¬Ã‚ Thus here, it can be conclude that England does agrees that the doctrine of unconscionability is the requirements of Undue Influenc e. Australia The Australian position commencing with the established High Court decision of Commercial Bank of Australia Ltd v Amadio[6]. Amadio involved two plaintiffs who were elderly migrants with limited knowledge of English and lack of understanding of guarantee documents proffered by the bank, a circumstance that court described as a à ¢Ã¢â€š ¬Ã…“special disability.à ¢Ã¢â€š ¬Ã‚  Amadio has been accepted as stating the law on unconscionability in Australia, as the court in Gregg v Tasmanian Trustees Ltd had held, à ¢Ã¢â€š ¬Ã…“at least, the emergence from the shadows of this ground of equitable relief has relegated the doctrine of undue influence to a position of relative unimportance.à ¢Ã¢â€š ¬Ã‚  The reasons given by the House of Lords for rejecting the case based on undue influence in National Westminster Bank Plc. v. Morgan that unconscionability as an independent ground of relief does not appear large on the English scene[7]. Unconscionability and undue infl uence overlap, the latter being more limited in scope, concerned as it is with the exercise by the contracting party of an independent and voluntary will.[8]While undue influence has been demoted to a position of relative unimportance in Australia, has an unmistakably defined doctrine of unconscionability. Thus, it may be concluded that in Australia, doctrine of Unconscionability is not the basis of Undue Influence as it stands alone. Canada In Canada, an evolved doctrine of unconscionability ought to identify material distinctions and similarities with the doctrine of undue influence. Otherwise, a blurred distinction might have a deterring effect. For example, one difference is the obligation of a party to refute undue influence where that incident exists by inference or presumption, as opposed to the evidentiary burden on a party pleading unconscionability to show there has been an improper use of power on the facts. The influential case on unconscionability was Fry v. La ne[9] and, although it was decided in 1888, over a year after Allcard v. Skinner,[10] Fry did not mention Skinner in the law report. Fry v. Lane considered future interests, setting set aside a deed taken from a poor and ignorant man at a considerable under value, the vendor having no independent advice. In the case of the equitable doctrines of undue influence and unconscionability, both are said to be à ¢Ã¢â€š ¬Ã…“separate and distinct doctrines with closely related principles,à ¢Ã¢â€š ¬Ã‚ [11] both are separate causes of action, leading to the equitable remedy of rescission. Cases of unconscionability, however, often contain elements of undue influence[12] and the doctrinal distinction is blurred. In Canada, undue influence remains universal compared to unconscionability, but the distinction is unclear. For example, it was stated in MacKay v. Bank of Nova Scotia, that à ¢Ã¢â€š ¬Ã…“unequal bargaining power, together with an unfair contract, create a presumption of un due influence.à ¢Ã¢â€š ¬Ã‚ [13]This statement is at odds with the earlier statement in Norberg v. Wynrib that the à ¢Ã¢â€š ¬Ã…“doctrine of unconscionability and the related principle of inequality of bargaining power are evolving.à ¢Ã¢â€š ¬Ã‚ [14] In conclusion, the boundaries between undue influence and unconscionability have been shifting or evolving, arguably affecting the standard of judicial decision making. While successful cases of unconscionability appear less frequently, the doctrine appears broader in scope than does undue influence. However, for now, the distinction remains unclear, resulting to a very wide interpretation of the doctrines. Malaysianà ¢Ã¢â€š ¬Ã¢â€ž ¢s Position In Malaysia, the doctrine of unconscionability is considered as still at its infancy but the awareness of the existence of this doctrine seems to be gaining ground. Section 16(3) of the Contract Act placed unconscionable as a mere part of proving undue influence. The Privy Council de cision in an Indian case of Poosathurai v Kannappa Chettiar,[15] observed that an agreement is considered `unconscionable when the lender is in a position to dominate the will of the borrower, and the bargain was `unconscionable within the meaning of s 16(3).. The decision in Poosathurai was further reaffirmed by Visu Sinnadurai J in Polygram Records Sdn Bhd v The Search Anor[16]. Malaysian courts are grappling with arguments based on inequality of bargaining power amidst the statutory provision on undue influence in the Contracts Act 1950. In Saad Marw[17]is case, the Court of Appeal had adopted a different approach. Gopal Sri Ram JCA started his judgment as follows: This is an important case. It has to do with whether our jurisprudence recognises a doctrine of inequality of bargaining power independent of the well-established doctrine of undue influence. This is the first time, at least as far as I am aware, that this issue has come up for decision at the appellate level. T he appellant, a farmer, had rented some land from the respondents (the leased land) from which he harvested coconuts. The appellant also held two pieces of land (the property) by prescriptive rights under the land law in force in Penang at the material time. This meant that the appellants title was defeasible and this defeasibility was confirmed by an indorsement on the title Then, he entered into agreement with responded, but the agreement is in English, and had deceived him. The appellant purported to terminate the agreement with the respondents. The appellant defended the action on a ground that the agreement was vitiated by undue influence.The trial judge rejected and the appellant appealed against the order of the trial judge. On appeal, the appellant argued that while the trial judge was entitled to reject the defence of undue influence, he ought to have held that the appellant had established a case of unfair advantage under section 21(2)(a) of the Specific Relief Act 1950 [18].According to the Court, this brought to focus the doctrine of inequality of bargaining power falling short of the proof of undue influence under section 16 of the Contracts Act. With this, the Court went on to consider whether Malaysian law recognises a general doctrine of inequality of bargaining . The Courts reference to both the doctrine of inequality of bargaining power and the doctrine of unconscionability in Saad Marwis case, read literally, would mean that the Malaysian position is wider than the English position where Lord Dennings attempt to invoke the principle of inequality of bargaining power to set aside transactions in Lloyds Bank Ltd v Bundy[19] was clearly rejected by the House of Lords in Westminster Bank Plc. However, in Canada, Lord Dennings principle of inequality of bargaining power has remained an important element in the development of unconscionability even after its rejection in the United Kingdom This has resulted in the Canadian doctrine being a fl uid and flexible one, and as described by Gopal Sri Ram JCA in Saad Marwis case, one which achieves practical justice.Some legal commentators suggest that à ¢Ã¢â€š ¬Ã…“the doctrine of undue influence is about impaired consent, not about wicked exploitation.à ¢Ã¢â€š ¬Ã‚ [20] A blurred distinction between undue influence and unconscionability exists, however, to the extent that recent cases on unconscionability restate the doctrine with a à ¢Ã¢â€š ¬Ã…“kind of legal shorthand expression.à ¢Ã¢â€š ¬Ã‚ [21] Whether it is possible for unconscionable bargain or transaction to exist separately from the doctrine of undue influence? Apparently, there are several Malaysian cases that provide this answer in positive. The early case of Chait Singh v Budin b Abdullah[22], showed how court was willing to justify the existence of unconscionable bargain on the basis of the position of the parties, without the need to prove the requirement under section 16(1). This case apparently suggest s the independency of the doctrine of unconscionable bargain from the doctrine of undue influence in s 16. Gopal Sri Ram JCA suggests in Saad Marwi v Chan Hwan Hwa Anor that it is possible for Malaysia to import the wider doctrine of unconscionability independent of the doctrine of undue influence into the Malaysian contract law. The proposed wider doctrine is according to the English doctrine but tailored to the broad and liberal Canadian way because of the vulnerability of many Malaysians in matters of commerce and of the insufficiency of statutory protection afforded to Malaysian consumers. It is worth to point that Saad Marwi is held in Koh Yen Bee to be correctly decided based on the merits of the case. There is the possibility that Saad Marwi and Koh Yen Bee have looked at the doctrine of unconscionability from a narrow perspective. However, towver, Hbnusshe Court of Appeals decision in Saad Marwi v Chan Hwan Hua Anor [2001] 3 CLJ 98 has brought Malaysia nearer to this front in its recognition of a wider doctrine of inequality of bargaining power and the adoption of the English doctrine [of unconscionability] but apply it in a broad and liberal way as in Canada. Conclusion Unconscionability as an independent doctrine or as a doctrine of wider application is still at its infancy despite the historical evidence that it had been used to correct mens conscience in cases involving equitable frauds. There were several setbacks in its growth, which was hindered particularly by the common laws adherence to the doctrine of freedom of contract and the will theory. Even though the purpose of the doctrine is different from freedom of contract, it contributes towards ensuring security of the contract. 1The fact that the word unconscionable itself is in the Contract Act showed that the legislative wanted it to be a part of the doctrine of Undue Influence, either as a basis or as an element. However, based on the decision by the cases, Doctrine of unco scionability can also be a separate element from undue influence, being an independent equity itself. It is up to the court to interpret the law in section 16(3), and to really draw a line between unconscionability and undue influence. However, for now, the doctrine of unconscionability is appropriate to form the base for a claim of voidable contract (according to section 20 of the Contract Act) on the ground of undue influence but, it is still open for wider interpretation and alteration. BIBLIOGRAPHY TEXT BOOKS Don’t waste time! Our writers will create an original "Unconscionability as the Basis of Rendering a Contract" essay for you Create order Cheong May Fong, Contract Law in Malaysia (Malaysia, Singapore, Hong Kong: Sweet Maxwell, 2010) Sinnadurai, Visu, Law of Contract, 4th ed (Butterworths: Lexis Nexis, 2011) Guest, AG (ed), Chitty on Contracts, Volume 1, General Principles, 31st ed (London: Sweet Maxwell, 2004) JOURNALS Sykes, N. A. Deakin University.à ¢Ã¢â€š ¬Ã‹Å"Unfairà ¢Ã¢â€š ¬Ã¢â€ž ¢ results and unfair doctrines: Structuring the application of the equitable doctrines of undue influence and unconscionable dealing. Retrieved on 28th March 2014 Low Hang Yen, Malayan Law Journals Article. Unconscionability As A Ground For Withholding Payment In Demand Guarantees: Should The Exception Be Extended To Letters Of Credit?(2008) Retrieved on 28th March 2014 Black. J. A.Undue Influence And Unconscionability In Contracts And The Equitable Remedy Of Rescission In Canada. Retrieved on 28th Match 2014 Cheong May Foong, Malayan Law Journal Article; A Malaysian Doctrine of Inequality of Bargaining Power and Unconscionability after Saad Marwi. (2005) Retrieved on 30 April 2014 ACTS Act 137 Act 136 [1] Act 136 [2] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary 743 (3d ed. 2006). [3] Business Dictionary, Inequality of bargaining power, ://www.businessdictionary.com/definition/inequality-of-bargaining-power.html [4] [1887] 36 Ch.D. 145 (Eng.). [5] 28 Eng. Rep. 82 (Ch. 1750). [6] (1983) 151 CLR 447 [7] [1985] AC 686 [8] Gregg v Tasmanian Trustees Ltd., (1997) 73 F.C.R. 91 (Austl.) (citing Sir Anthony Mason, The Place of Equity, 110 L. Q. Rev. 248, 248 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 9 (1994)). Sir Anthony authored this article long after his judgement in Amadio, but before he retired in 1995 as Chief Justice of the High Court of Australia. [9] [1888] 40 Ch. D. 312 (Eng.). [10] [1887] 36 Ch. D. 145 (Eng.). [11] Morrison v. Coast Finance Ltd., [1965] 54 W.W.R. 257 (Can.). [12] Floyd v. Couture, [2004] A.J. No. 377, n.98 (Can. Alta.). [13] 1994] O.J. No. 2498 (Can.). [14] [1992] 2 S.C.R. 226 (Can.). [15] (1919) L.R. 47 Ind. App. [16] [1994]3 MLJ 127 [1 7] [2001] 3 CLJ 98 [18] Act 137 [19] [1975] QB 326 [20] Birks and Chin, On the Nature of Undue Influence Good Faith and Fault in Contract Law (Beatson Friedmann eds. 1995). [21] Smyth v. Szep, [1992] 2 W.W.R. 673, 681 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 2 (B.C.C.A.) (Can.). [22] (1918) 1 FMSLR 348