The scope of the doctrine and remedies for frustration of contract in English law Essay Example

The scope of the doctrine and remedies for frustration of contract in English law Paper The courts have interpreted the scope of the doctrine of frustration narrowly, in accordance with the principle pacta sunt servanda agreements must be kept. If the courts readily held that a contract was frustrated, it would cast significant doubt on an array of agreements that make commerical enterprise possible. As Lord Radcliffe advised in Davis Contractors Ltd v Fareham UDC, [f]rustration is not to be lightly invoked as the dissolvent of a contract.i This discussion will first examine the underlying reasons for the narrowness of the doctrine before considering the specific limitations. Here it will be argued that in some instances the courts decisions have been inconsistent and in others they have been unduly harsh. The following part of the discussion will examine the remedies available to parties of a frustrated contract, as found under the Law Reform (Frustrated Contracts) Act 1943. The deficiencies in the statute will be explored, amongst them ambiguity, which has led to the rare use of the Act. Instead, parties have opted to draft out the Act and include provisional clauses of their own. These force majeure and hardship clauses provide for a solution if a supervening event occurs which makes it impossible or more onerous for one party to perform. With the unsatisfactory state of the law governing frustration, it will be posited that these clauses are vital to retain an element of certainty in commercial contracting. We will write a custom essay sample on The scope of the doctrine and remedies for frustration of contract in English law specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The scope of the doctrine and remedies for frustration of contract in English law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The scope of the doctrine and remedies for frustration of contract in English law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The scope of the doctrine of frustration Contract law is founded on the principle that liablity for non-performance is strict. While this seems particularly severe, it is substantiated with the belief that parties receive valuable consideration for taking risks. The allocation of risks provides a major function of the law of contract: it enables individuals and corporations to plan for the future with a moderate degree of certainty and hence to maximise their freedom of action.ii A contract can only be frustrated when performance becomes impossible, or a supervening event takes place that would make performance radically different to that which was contracted to by the parties. If frustration is sufficiently pled, its result is to bring the contract to an end. Given this drastic outcome, the courts have interpreted the scope of the doctrine narrowly in order to preserve the sanctity of contract.iii Paradine v Jane is most frequently cited to demonstrate this: When a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.iv Furthermore, if a party feels that they would be unable to perform if a supervening event occurs, they should provide for it in the contract. Many supervening events that can impede performance are foreseeable and parties should construct their contracts accordingly. There are several circumstances that may qualify for discharging the contract on grounds of frustration. These include the subject matter of the contract being destroyed; illness or incapacity of a contracting party; the non-occurrence of an event that formed the foundation of the contract; supervening illegality.v It is certainly not a rule that these circumstances will frustrate a contract. As Lord Sumner stated in Bank Line Ltd v Arthur Capel and Co, ultimately the frustration of an adventure depends on the facts of each case.vi There are three main limitations to the doctrine. Firstly, if there are provisions in the contract that provide for a solution if an event occurs, then an argument based on frustration is unlikely to be entertained as the parties have already provided for the occurrence.vii Secondly, if the event is foreseeable, the parties are unable to avail of the doctrine of frustration. In Amalgamated Investment and Property Co Ltd v John Walker Sons Ltdviii the claimants sought to set aside a contract for sale of a property, when they found that a day after they had signed the contract, the property became listed and could not be redeveloped. This reduced the value of the property by approximately 90%. The court held that the contract was not frustrated because the claimants were aware of the risk, as evidenced by a pre-contract enquiry as to whether the building could be listed. The supervening event did not fulfill the test set by Lord Radcliffe in Davis Contractors Ltd v Fareham UDCix it did not render [the performance] a thing radically different from that which was undertaken by the contract.x In Krell v Henryxi Vaughan Williams LJ expressed the foreseeability test in terms of whether the event was anticipated or not. Despite the logic of this proposition, it has not been without challenge. In The Eugenia, Lord Denning stated that: It has frequently been said that the doctrine of frustration only applies when the new situation is unforeseen or unexpected or uncontemplated, as if that were an essential feature. But it is not so.xii In stating this, Lord Denning relied upon the judgement in WJ Tatem Ltd v Gamboaxiii where a charterparty was held to be frustrated, even though it was foreseeable that the ship would be seized. It is difficult to reconcile these judgements with previous ones that have been decided, and it is indeterminable as to how future courts will rule on this test. A third limitation on the doctrine of frustration is if the event is self-induced. In Taylor v Caldwell, Blackburn J stated that frustration applied where performance had become impossible without default of the contractor.xiv The way in which the courts have interpreted a self-induced event is not free of controversy. In J Lauritzen AIS v Wijsmuller BV The Super Servant Two Bingham LJ stated that frustration had to arise from some outside event.xv In this case, the defendant contracted to transport an oil rig with either the Super Servant One or the Super Servant Two carrier. The defendant intended to use the latter, but it sank, and the Super Servant One had been allocated to other contracts. The Court of Appeal held that the contract was not brought to an end because of the sinking of Super Servant Two, but because of the defendants election not to use Super Servant One, therefore the contract was not frustrated. Treitel has criticized the reasoning of this judgement on the grounds that after the loss of the ship, it became impossible for the defendants to perform all its contracts during the period in question with only one operable carrier. Treitel further argues that in such a circumstance, where a party has entered into a number of contracts with other parties, and a supervening event does not permit him to satsify all those contracts, he can, provided he acts reasonably, elect to perform some of the contracts, and claim that the others have been frustrated by the event.xvi This argument certainly has merit and would lead to a far more just result than that decided by the court. The Law Reform (Frustrated Contracts) Act 1943 In cases where a contract was frustrated, the common law was ill-equipped to provide a remedy. This lead to unjust decisions, such as Chandler v Websterxvii where a contract was frustrated but the aggrieved party was still liable to pay. The rights of the parties were determined solely on when the obligation to pay arose before or after the frustrating event. If they arose before, then there was still an obligation to pay, regardless of whether there had been a total failure of consideration. In 1943, the Law Reform (Frustrated Contracts) Act [hereinafter the Act] was passed primarily to resolve this situation.xviii Shortly before the enactment of the Act, the House of Lords reversed Chandler in the case of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd.xix Money paid before the event was recoverable when there was a total failure of consideration. This was an improvement in the state of the common law, but it was still not satisfactory as it did not allow the payer to recover money where there was only a partial failure of consideration, and furthermore, the payee could not set off expenses that he legitimately incurred. Under s.1(2) of the Act, money paid before the frustrating event is recoverable and money payable before the event ceases to be payable, subject to legitimate expenses incurred before the event. Section 1(3) further provides that if one party has derived a valuable benefit from anything done by the other party, then the judge may order that party to pay a sum in respect of it. In BP v Hunt, Goff J stated that the fundamental principle underlying the Act itself is prevention of the unjust enrichment of either party to the contract at the others expense and its purpose was not to apportion the loss between the parties.xx As McKendrick points out, this interpretation is not without challenge, and an alternative analysis is that the Act is designed to provide a flexible machinery for the adjustment of loss.xxi The purpose of the Act is therefore still in doubt. There are more specific criticisms levelled by McKendrick.xxii Whilst they cannot all be addressed here, it is important to identify the primary difficulties. Firstly, s.1(2) does not cover money paid after the event; the payor would have to resolve this at common law where there is little respite. Secondly, it is difficult to ascertain how loss will be calculated between the parties. If the payor has given the payee à ¯Ã‚ ¿Ã‚ ½20,000 which has been expended in performance of the contract, how much can the payee retain? McKendrick states that the subsection is not well drafted and that inadequate consideration has been given to the apportionment of any losses.xxiii Section 1(3) is the most controversial part of the Act and was critical in the case of BP v Hunt. The word benefit has been given an unnatural and artificial meaning, and the way in which Goff J resolved the matter in BP can lead to less desirable results. The value of the benefit and the just sum to be awarded is totally left to the discretion of the trial judge, which is liable to lead to inconsistency in the future.xxiv Ultimately this creates further uncertainty and ambiguity, making it difficult for parties to determine their actual remedies under the Act. Force majeure clauses As the law currently stands, it is uncertain as to whether the courts will discharge a contract on the ground of frustration due to a supervening event, and if they do, the remedial position of the parties is entirely unclear. Parties can reduce this uncertainty by agreeing on a list of events beforehand which constitute force majeure. Parties can also widen the parameters of these clauses beyond the scope that the courts would ordinarily allow. For instance, price fluctuations would not ordinarly be held to frustrate a contract in the courts, whereas parties can state in their contract that it will constitute a force majeure event. The importance of force majeure clauses cannot be overstated in the drafting of commercial contracts. In Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA,xxv Mocatta J believed that there was much to be said for Counsels submission that there was no room for the doctrine of frustration to apply when elaborate provisions, by way of force majeure clauses, were in place. During uncertain economic times, businesses will try to rely on the doctrine of frustration and force majeure clauses inserted into their contracts that provide for such events. This was the case in the wake of the terrorist attacks in the US in 2001, when businesses sought to discharge their contractual obligations through reliance on force majeure clauses.xxvi However, they will only be successful if their provision has the clear intention of resolving the consequences that arise out of the supervening event. If a provisional clause is not drafted to properly account for the event, the court will not give it affect. In Thames Valley Power Ltd v. Total Gas Power Ltd xxvii the defendants entered into a 15-year contract with the claimant for the supply of gas, which contained a force majeure clause. In July 2005, due to the sharp increase in gas prices, the defendants informed the claimants that this constituted a force majeure event and they would be unable to supply the gas until the prices fell. The claimants argued that the increase in prices did not fall into the scope of force majeure, and the event had not rendered performance impossible; it merely made it less profitable. In his judgement, Clarke J ruled that the force majeure clause which the defendants relied upon did not sufficiently cover the increase in gas prices. He cited another force majeure case, Tennants Lancashire Limited v Wilson CS Co Ltd, where Lord Loreburn observed that: The argument that a man can be excused from performance of his contract when it becomes commercially impossible seems to me to be a dangerous contention which ought not to be admitted unless the parties plainly contracted to that effect.xxviii In order to make sure that every event is covered under force majeure, some parties draft the clauses in very general terms. However, the courts will not necessarily interpret a force majeure clause to cover every event, despite the wording of the contract. In Metropolitan Water Board v Dick Kerr Coxxix a contract to build a reservoir in six years contained a provision that allowed for an extension in the event of time delays, whatsoever and howsoever occasioned. The courts interpreted this to mean that it gave the builder a period of grace for non-frustrating delays. It did not cover the actual event government intervention in WWI which required him to halt work and sell his construction plant. Hence the builders plea of frustration was successful. Therefore, force majeure clauses can be seen to cover events that have the possibility of resolution within a short period of time, but obviously cannot cover an event that renders performance impossible. When the court rules that a contract is frustrated, it is terminated. As Treitel notes, this inflexibility leads to all or nothing solutions,xxx which is often not what the parties want. Provisional clauses therefore have the further benefit of allowing the parties to stipulate a modification to the contract, allowing for extra time or for an alternative mode of performance at an additional cost. Conclusion The effect of a supervening event is to throw a contract off course. Rather than mitigate the ensuing uncertainty that is caused, the law in its current state creates further ambiguity. The indefinite wording of the 1943 Act creates further uncertainty when it comes to the remedial standpoint of the parties. As McKendrick observes, it is perhaps fortunate that a frustrated contract is a comparative rarity in commercial practice and so the deficiencies in the Act [] rarely come to light.xxxi In light of this, force majeure and hardship clauses provide for a degree of certainty and flexibility in commercial contracting. Not only can parties make provisions for what constitutes a force majeure event, but they can stipulate the consequences of such an event. With contracting parties realising these benefits, it is common for even small businesses to incorporate provisional clauses into their agreements. However, contracting parties must be diligent in drafting these clauses so that they sufficiently account for the supervening event, otherwise they may find that they are still subject to the courts determination and the uncertainty that ensues.

English Media Study of I am Legend.

English Media Study of I am Legend. Free Online Research Papers How effectively does the Director of â€Å"I Am Legend† build suspense and tension? ‘I Am Legend’ is a post-apocalyptic science fiction film directed by Francis Lawrence, starring Will Smith. It was originally a novel by Richard Matheson written in 1954 which was then created as a film in 2006. ‘I Am Legend’ is about Robert Neville (played by Will Smith) who is a virologist living in Manhattan, New York and is supposedly the last man alive. This came about by doctors thinking they had found a cure for cancer but instead it turned the rest of the population into ‘Hemocytes’. The ‘Hemocytes’ are continually watching Roberts moves, waiting for him to make a deadly mistake, as Robert is trying to capture them to use them to find a cure. This is an example of the common film theme ‘hunter or hunted?’ as Robert is trying to hunt them as he wants to cure them, but they’re also hunting him because they don’t want to be cured. The techniques used in ‘I Am Legend’ show how effectively Francis Lawrence creates tension and suspense. He uses techniques like different camera angles, sound, lighting and cinematography to affect the overall mood of the film and to manipulate the audience’s feelings. In this film, Francis Lawrence has done an excellent job in using these techniques to their full effect. 1) USE OF CAMERA ANGLES IN THE PRE-TITLE SCENE TO CREATE TENSION AND SUSPENSE. Camera angles are used throughout the pre-title scene to create tension and suspense.The director in the pre-title scene uses camera angles to show the set. Francis Lawrence uses a wide range of camera angles throughout the film, but in the first minute of the pre-title scene he uses lots of different angles that show the whole set, Manhattan. The pre-title scene starts with an establishing shot of New York City. It shows a lifeless, rundown New York, which creates questions in the audience’s mind. It then shows a low angle shot of Times Square, showing similar things to the first shot of a city which has been neglected and completely deserted of all human life. This is strange for the audience as Times Square is a famous land mark and would normally be crowded and busy with people and cars. He then goes on to show a bird’s eye view of an avenue with sky scrapers, but it is silent again, except from the sound of birds in the distance. After a few seconds, a sports car a ppears and speeds down a main street. This angle gives a deserted feeling to the audience again as there is only one car, instead of a crowded avenue .The camera angle is then changed to a close- up, focusing on a gun, then Robert Neville picking it up inside the car. This is done to show the character Robert Neville’s watching facial expression. The camera also shows a close up angle of Sam, Robert’s dog. These two short camera shots introduce the main characters. It also shows their relationship, as Robert opens the window for Sam, showing Robert cares for Sam’s needs. Even though later on in the film there are signs of the theme of savage human behavior, there is a still shot in the pre-title scene where Robert does not shoot the female lion as she and her family deserve the deer’s meat more. Even though he is still not sure about his decision, he still lowers his gun and gives way. USE OF PROPS AND MISE- EN- SCENE IN THE PRE-TITLE SCENE TO BUILD UP TENSION AND SUSPENSE Francis Lawrence uses props and mise- en- scene skillfully to create atmosphere and tension.Throughout the pre-title scene there are posters saying â€Å"God still loves us† This is a long shot foreshadowing that at the end there are still some people who survive and make it to the fenced off settlement to try and bring back life all over earth. There are also military tanks, meaning something serious and dangerous must have happened giving the audience a clue, but also making them question again and again. There are abandoned police cars representing the lack of law in the city and when Robert drives through red lights and onto pavements this informs this even more. The appearance of the deer jumping in front of the car is another question the audience would be asking themselves. Why Robert is hunting deer? It also causes suspense as the audience is uncertain about the actions coming after. USE OF SOUND IN PRE-TITLE SCENE TO BUILD UP SUSPENSE AND TENSION Looking back at the pre-title scene again and concentrating now the use of sound, you can see the effectiveness of the sound effects. The use of silence, or at points, the sound of birds whistling in the background created an absence of sound. The result of this is causing the audience to question more. The silence is then broken by the roar of a car engine, then the appearance of the car. This would seem to the audience as weird to be able just hear the sound of one single car in New York City. The first words spoken are, â€Å"What do you see, what do you see?† He speaks with anxiety and eagerness. This brings up the theme â€Å"hunter or hunted?† as the audience is not sure at this point if he is going to use the gun to protect him or to hunt with. This creates anxiety and uncertainty in the audience building up suspense and tension. When the deer squeals, it shows the contrast of technology and nature, technology being the sound of the car engine and nature being t he deer’s squeal. The sounds at the end of the pre-title scene have been diegetic but when the title appears on the screen there is a non-diegetic sound which is dark and builds tension as it uses low notes. 2) USE OF CAMERA ANGLES IN THE FLASH-BACK SCENE TO CREATE TENSION AND SUSPENSE The narrative structure of â€Å"I Am Legend† is presented in a non-chronological order, switching from the past to the present and vice- versa. This is because there are several flash backs that the character Robert faces during the film. The first flash back is one of the most important; as it gives the audience a lot of clues but still leaves them uncertain. It also tells us about his family and how his wife isn’t happy about him staying on the island. The argument in the car is stopped by a body hitting the car then the passengers screaming then the next scene going back to the present day. The cars that pull up outside the Roberts’ house in the flash back, and the military members who are also standing outside the house holding walkie-talkies which shows that the situation happening is very important and possibly dangerous. The talk from the president also shows the importance and urgency of the situation. As this scene is shown in a rushed fashion, it again builds up tension and suspense. This is because the audience is feeling anticipation and uncertainty. The camera angles used in the flashback are almost all close-ups or over the shoulder shots. These are used to show the facial expressions up close, as they are truly important in this scene to portray the characters’ emotion. They also draw the audience in t o identify with the hero. USE OF SOUND IN THE FIRST FLASH BACK SCENE TO BUILD UP SUSPENSE AND TENSION Sound is used throughout this scene to build atmosphere and tension. The sounds used in the first flash back are basic and only includes diegetic sounds like the sound of sirens outside of the car and when they approach the house. The only other sounds you hear are dialogue. The director, Francis Lawrence has done this as the conversation between Robert and his wife is important for the audience to figure out what is happening. So we need to focus on the conversation and not be distracted by mood music as it is a important part of the film. Francis Lawrence only uses quiet sounds in the back ground and outside the car to add atmosphere. During the car journey in the flash back, Robert and his wife show irritation towards Carly (Robert Neville’s daughter) and tell her to be quiet while they listen to the radio. They are acting in this manner because they are frightened and scared, so are intent on hearing what the president has to say. This factor, that the characters are frigh tened, causes the audience to be uncertain, building tension and suspense. The innocence of Carly is very obvious as she is questioning everything but stops when told too. She also talks about it being Christmas and her presents having been left in the closet, showing she has very little on her mind that she worries about. Her parents are also too busy arguing and explaining things to one another to answer her questions. Even though she is asking innocent questions, you can tell through her voice and facial expressions that the experience is still worrying her. This again creates tension and suspense because of what the characters are feeling. 3) IN ROBERT NEVILLE’S LABATORY- USE OF CAMERA ANGLES TO BUILD SUSPENSE AND TENSION Camera angles are used skillfully throughout the laboratory scene to draw in the audience to empathize with Robert. After Robert and Sam have been attacked by the Hemocytes’ dogs, the scene changes to Robert’s lab. Sam is seriously injured and Robert is rushing to look after her but doesn’t manage to save her as she turns into a Hemocyte As a result, Robert has to kill her. The camera angles used in this scene change rapidly so the audience can follow all the action and also includes close-ups of facial expressions as it is important to the narrative that we see that the decision to kill is a hard one for him. When it first changes to this scene, the camera is tracking Robert in a medium close-up shot. The tracking effect is used to show how fast he is moving but also shows how he is feeling agitated and distressed. Francis Lawrence uses the same way of building up tension suspense throughout the film. This is an example of how he continuously uses characters, e motions to create tension and suspense for the audience, as this makes the audience feel a mixture between anxiety and anticipation. The shot then changes to a medium shot but starts off tracking to continually show the rush Robert is in. Shown in this shot is Robert holding a needle in front of the injured Sam on the surgery table. The shot shows Robert hesitate and shake his head before he continues with injecting Sam with what might be the cure as he knows he must do this if he has a chance of saving Sam. After this, it turns to a low angle shot of Robert sitting on the laboratory floor while holding Sam tight in his arms. This angle is usually used to make characters look dominant, but it this case it shows Robert as caring and vulnerable. This whole scene makes the audience feel uncertainty about what will happen next, as he is losing his best friend and only companion. The camera then zooms all the way in until it is a close up of Robert’s face. The zooming in was don e very slowly so that the audience can see the nature of Roberts’s relationship with Sam. Their relationship is extremely important to Robert as Sam is his only companion. This goes on the theme, â€Å"Dogs are a man’s best friend†, as the character, Robert has only got Sam left and he relies on him to be there for companionship. Also we recall that Sam belonged to Carly, Robert’s daughter, but she entrusted Sam to Robert before she was rescued by a helicopter and told him to look after Sam. After this, there are several short close-ups which build the tension as they show Robert finding the symptoms of the dog changing into a Hemocytes(losing fur, eyes red and teeth gripped together) In-between these are close- ups of Roberts face which show him questioning what to do and his unhappiness. The camera focuses on his face, showing his distress and sadness and building the dramatic tension as he is forced to make the decision to kill his only companion. T he camera remains in close-up as Robert is killing Sam, showing him clenching his teeth and frowning, trying to keep back the tears. After this shot ,the camera then zooms out again slowly making Robert looking lonely and deserted, with dead Sam lying on the floor next to him. USE OF SOUND IN THE LABORTORY SCENE TO BUILD UP TENSION AND SUSPENSE Francis Lawrence skilfully uses sound in this scene to build mood and tension. The sounds in this scene are mainly diegetic, most of it speech. However, when the character, Robert Neville is sitting on the floor holding Sam in his arms he sings â€Å"Three Little Birds† by Bob Marley, which Robert has sung on numerous occasions throughout the film. Robert is trying to reassure himself that everything will turn out alright, through the meaning of the song. While Robert is killing Sam, you do not see Sam as the sound is enough for the audience to use the rest of their imagination to figure out what is happening. After Sam’s death, the camera zooms out, finding the character, Robert lying on the floor crying. There is a non-diegetic sound which is sad and slow music, making the audience feel empathy for the character, Robert. This brings in the theme of â€Å"The Human Instinct for Survival† as he has been forced by necessity to kill his best friend and only compani on. Throughout the film Francis Lawrence uses tension and suspense to a great level. He uses the narrative and the characters emotions as well as music and camera angles to help to build this up. The camera angles are skilfully use to show the characters looking worried and scared causing there to be a rise in suspense and tension as the audience also feels a combination of anticipation and uncertainty. Overall I believe Francis Lawrence has done an effective job of building up tension and suspense. 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Managing ressources and operations Essay Example | Topics and Well Written Essays - 750 words

Managing ressources and operations - Essay Example Recently, in some studies regarding the demand of consumers for durable goods (Goeree, 2008 and Kim et al., 2009) and non-durable goods (Bruno and Vilcassim, 2008) it was found that while purchasing the goods be it a vehicle as well, consumers consider two aspects i.e. search cost and account travel. Most important factor according to Bucklin et al. (2008) that is considered by the customers is the cost and safety of SUVs. Bucklin et al. (2008) in their study concluded that the car manufacturers need to ensure that their production facilities are in low cost areas so that they are able to manufacture cars at reasonable prices. PPQ parts are planning to do expansion in other countries so that it can provide service to other markets and earn more profits. Currently, the company has profit margin rate of 6% which is on the same level as industry average. In order to help the company expand by following the right strategy, it is suggested that it starts its production in developing country such as China and try to capture SUVs market share in other countries. In order to expand in other countries, it is vital for PPQ parts to do its external analysis so that it has an idea about the hurdles that it might encounter while expansion. The factors that are most likely to impact the production and sales of SUVs are economic, political, social, cultural and environmental factors of the countries. 1. China political environment is very stable and the government encourages foreign companies to set up their facilities in the county. The government also gives grants to the foreign investors so that both the countries get benefited from the investment. However, Chinese government imposes some regulations that the company employs more than 30% of their local residents and the company will have to comply with some rules and regulations. 2. Since

The Way It Should Be Essay Example | Topics and Well Written Essays - 1250 words

The Way It Should Be - Essay Example The author uses different strategies to appeal to the sensibilities of the reader to levels that might not have been reached had the story been rendered in a casual and plain format. The choice of language, use of figures of speech, questions and anecdotes have been used effectively to add strength to the theme of the enduring human spirit, which runs through the short story. The author uses facts and figures to provide authenticity to his claims. For instance, the author situates the story within a specific time frame of the financial crisis in order to create the element of contrast between the bad things and the positive happenings. Mallory’s positive actions are contrasted sharply with the difficult conditions caused by the economic crisis. In some sense, the author sets up the bad times as some kind of reflection against which, Mallory’s graceful qualities are to be seen. The matching of opposites is one of the most effective rhetoric strategies that help bring out the central themes of a story. In this story, the author mixes logical facts and convincing tactics in a manner that captures the different tastes of the readers. There is a remarkable mixture of sense and sensationalism. The use of logical claims to support the rhetoric aspects of the story is evidenced by the various factual analyses, which contribute to the central theme. For instance, in illustrating Mallory’s love for the game the author gives factual information about the level of attachment that the sports girl had for base ball; â€Å"Mallory had a softball scholarship offer from Canisius, a Division I college in upstate New York, bust she chose Central Washington so she could play for Gary Frederick and so her parents could see her play,† (Lake 8). The value of these factual details of Mallory’s attachment to the sport must be seen in light of the eventual sacrifice she later makes for an opponent. The merits of the facts are that Mallory lays aside he r own ambitions in favour of engaging in an activity that whose value is to uplift a competitor whose performance has been rendered hopeless through an accident. Logically, her actions might seem irrational and absurd particularly within the context of the sporting competition. However, the author intends to make the case of her unyielding spirit of humanity even more pronounced. The plot of the story is circular. In some sense the end of the story appears to be at the middle. The author expertly breaks up the story in bits and pieces so that it can only be understood when read in totality. The story line keeps going back and forth. For instance, the description of the game in which Mallory’s spirit of humanity became manifest is largely brought out in bits and pieces. The reader does not learn of how the main game ended until the very end of the story. However, Mallory’s heroism is celebrated much earlier even before the story provides details of about the conclusion of the main game. Through the use of circular plot, the author manages to bring into perspective different aspects of Mallory’s life in terms of how they logically connect with the main episode. Her relations with her family, the peculiar kind of upbringing and her childhood influences are brought in bits and pieces and in a way that interrupts the main story about the game, where her heroism became most

The Tourism Industry Essay Example | Topics and Well Written Essays - 5000 words

The Tourism Industry - Essay Example Urban tourism is a special kind of tourism which is linked to urban lifestyles in relation to a number of tourist activities existing in the cities. It is therefore defined as a set of established resources and activities found in a city and have been availed for the external visitors. The visitors may come with the aim of getting entertained or for business purposes or are on official duties. Other than urban tourism is a form of tourism, it is considered as a fundamental, traditional and characteristic feature of urban life. This is because most cities have changed from being places of population mobility offering tourists just a short break. They have therefore become cultural centers with relaxation and shopping places where people can meet their friends and effectively spend their free time. Tourism activities in cities differ in relation to differences in sizes, available resources and existing features for tourist attraction. The difference can also be in terms of disparity of lifestyles within the various cities. Hence urban tourism is a representation of the fascinating features of a city and resources aimed at attracting visitors and residents. The tourism activities contribute to the development of the cities and urban life. Moreover, it is a requirement for cities to have heritage values coupled with the modern state of the art infrastructure that fully meets the needs and desires of tourists. This means there is a need for aims to be directed at developing good infrastructural services and preserving the historic centers.

Evaluation Of Four Different Learning Theories And Models

Evaluation Of Four Different Learning Theories And Models In this section of the essay I will describe and critically evaluate four broad theories of learning in the context of my subject areas. I have a numerate background with undergraduate degree in Physics and an MSc in Software Engineering. I have a PhD in Ecological modelling and my research is focussed on the simulation and visualisation of complex systems. The subject areas I teach are numerate based, and range from mathematics, statistics, computer programming and visualisation and my teaching activities are across three schools: SCS, CES and IAGM. Learning theories/models The first learning theory to be researched in the 19XXX, based on the work of Pavlov and Skinner, is known as the behaviourist theory. In behaviourist theory learning is a mechanical process of habit formation, by means of frequent reinforcement of a stimuli response sequence, this can be thought of as conditioning. Behaviourist learning has been traditionally used in the teaching of languages. Pavlovs behaviourist theory (Ref) underpinned the Audiolingual Method of the 50s and 60s. Some features of the audiolingual method that align well with the behaviourist theory include: the sequence of learning a new language is rigid and involves, hear, speak, read and write, frequent repetition essential for effective learning and all errors immediately corrected. Other discplines such as Chemistry and Physics have used behaviourist methodologies for practical laboratories. Behaviourist learning is still used in universities today as part of the whole teaching and learning process. In fact i t can be argued that we do indeed reward our students by allocating good grades as a consequence of their demonstration of their learning. In this way good learners get rewarded with good grades. Behaviourist theory was criticised in the 1960s when Chomsky questioned how the mind was able to transfer what it had learned in one stimulus-response sequence to other novel situations. Chomsky (1964) proposed that if thinking was rule governed a small, set of finite rules enabled the mind to deal with potentially an infinite range of experiences it may encounter. The obvious implication of this was to consider learning as the acquiring of rules and not habits as with the behaviourist model. This is stated more recently in Stevick (1992) when he considers that learning is much more than imitatic habit formation. This was the rise of cognitive theory and one of the key features is the process of acquiring new rules i.e. expanding the cognitive network, drawing on the individuals experiences. This way the individual is an active processor of information (Auszibel et al XXXX) rather than passive receiver of information. Cognitive learning is exemplified in basic teaching activities suc h as problem solving which is used, albeit to varying degrees, in most disciplines. The next development in learning theories was constructivist approach, led by Jean Piaget and Bruner. Unlike the cognitive approach which encourages learners to use mental powers, to distill a workable rule from information provided but was teacher centric, the Constructivist approach is very much learner centric and led to the learner-centred educational paradigm. This is highlighted in the Learning Theories text Experiential learning a recent learning models and depending on the teaching activity can be categorised as a cognitivist or a constructivist approach. Kolb (1984) matched types of cognitive processes with specific types of instructional design strategies that encompass four learning styles: Reflector, Activist, Pragmatist and Theorist. In this respect, Kolbs model differs from others since it offers both a way to understand individual learning styles, which he named the Learning Styles Inventory (LSI), and also an explanation of a cycle of experiential learning that applies to all learners. Kolb states learning is the process whereby knowledge is created through the transformation of experience. Knowledge results from the combination of grasping experience and transforming it. This is illustrated in the diagram below. Depending upon the situation or environment, the learners may enter the learning cycle at any point and will best learn the new task if they practice all four modes. Science uses mainly constructivist approach but different models will be used at different. Different domains use different approaches to varying degrees, in order to be a good scientist a degree of curiosity is required which explores ideas and possible solutions, applying the process of science to open minded enquiry and combining new experiences with information already acquired as a personally constructed meaning is formed . Extyensions of Kolbs work include that of Honey and Mumford (1986). The main difference being XXXXXXXX I will now discuss the application of each of the models in my subject areas and describe personal encounters with these models. Within my subject areas behaviourist theory is still applied for example rote memorization, drill and practice. Also the use of a token system to reinforce positive academic performance and student behaviour. A classroom application of using drill and practice includes using computer software, such as Math Blasters. These types of software provide positive and negative reinforcements for answering math problems correctly or incorrectly. A final example highlighting the behaviourist theory is rote memorization. Rote memorization may include memorizing addition or multiplication facts or memorizing state capitals (Woolfolk XXXX).. The behaviourist approach to teaching has practical applications in education. In particular, understanding basic skills and core subject knowledge. The approach of using positive and negative reinforcements to elicit desired behavi ours of students is also useful in establishing and maintaining classroom management. Cognitive theories however move beyond the habit formation process of behaviourism and when teaching mathematics or programming the learner should be provided with the opportunity to spot patterns and infer relationships between concepts in order to construct their own understanding. With cognitive approaches they are usually teacher directed I use this approach in practical classes for both statistics and 3D graphics programming where the first half of the lab is directed to help learners apply the concepts of the lecture and to ensure coverage of specific material. Typical classroom instruction, consistent with the constructivist learning theory that are used in my subject area include: problem-based approach to teaching, hands-on activities, experimentation, and simulations. Hands-on activities are also used in the constructivist model. This example is taken from Bruner (1973): The concept of pr ime numbers appears to be more readily grasped when the child, through construction, discovers that certain handfuls of beans cannot be laid out in completed rows and columns. Such quantities have either to be laid out in a single file or in an incomplete row-column design in which there is always one extra or one too few to fill the pattern. These patterns, the child learns, happen to be called prime. It is easy for the child to go from this step to the recognition that a multiple table , so called, is a record sheet of quantities in completed mutiple rows and columns. Here is factoring, multiplication and primes in a construction that can be visualized. Overall, the constructivist approach to teaching allows students to actively be involved in decision-making and problem-solving scenarios. In 3D graphics students are often given simulations and demo programs of a particular technique i.e. the Phong lighting model that they can manipulate and change to see the effect. The students task would then be to implement their own version of a Phong lighting model. .Prior knowledge and past experiences help shape student connections to new material. Students use higher level processing skills and apply that knowledge to the world in which they live. The use of Kolbs model has been applied in at least two of my reaching activities, teaching computer programming for visualization and the mathematics of 3D graphics. Kolbs model applied to learning a software program: Active experimentation Jumping in and doing it. Reflective observation Thinking about what you just performed. Abstract conceptualization Reading the manual to get a clearer grasp on what was performed. Concrete experience Using the help feature to get some expert tip Kolbs model applied to learning algebra: Abstract conceptualization Listening to explanations on what it is. Concrete experience Going step-by-step through an equation. Active experimentation Practicing. Reflective observation Recording your thoughts about algebraic equations in a learning log. Now when I teach these topics I introduce Kolbs model and encourage student to use it to in order have a more effective approach to learning. In conclusion, I have described the 3 main learning theories and how they can be used in my subject areas. From this it can be concluded that a single core learning theory can not be used in HE alone, even in one specific discipline. It is clear that each of these models has its own strengths and limitations. I hope I have shown that teachers have to adopt a balance between each of the learn ring models paying particular attention to satisfying individual preferences of approaches by developing inclusive teaching materials. Bruner, J. (1973). Going Beyond the Information Given. New York: Norton. Critique the development of a major educational policy and practice in UK Higher Education since 1950 Higher Education has evolved during the last half a century in terms of provision availability and participation and this is partly due to changing policies, practice and the rise of technology. I will describe in this essay the key policy drivers that have been introduced in HE and discuss how they have changed the face of Higher Education. In the 1960s the government (Labour at the time) set up a working committee to identify solutions to the lack of participation in Higher Education and to encourage lifelong learning to cater for the postwar bulge. This committee was chaired by Lord Robbins and were defined with a clear task: to review the pattern of full-time education in Great Britain and in the light of national needs and resources to advise Her Majestys government on what principles its long-term development should be based. In particular, to advise, in the light of these principles, whether any new types of institution are desirable and whether any modifications should be made in the present arrangements for planning and co-ordinating the development of the various types of institution. The committees findings were set out by 180 recommendations that can be summarised into three categories: 1) Courses of higher education should be available for all those who are qualified by ability and attainment to pursue them and who wish to do so: 2)The expansion should be carried out mainly by development of existing kinds of institutions-existing universities, the creation of new ones, the granting of university status to Colleges of Advanced Technology (CATs) and later to some Teacher Training Colleges (TTCs) and Regional Technical Colleges; 3) should be self-governing and financed by grants distributed through an independent Committee like the present. After the recommendations of the report that coincided with the 1960s saw the rise of plate glass universities, incidentally Robbins was not responsible for their foundation, the rates of participation in higher education soared ahead of most expectations. The speed and the scale of the expansion have been unprecedented within the UK and some outstanding achievements deserve to be recorded and celebrated. For example, the statistics show that within one generation the UK has achieved equal proportions of women and men in undergraduate HE. (Edwards 1997, Williams 1977) This was achieved by expanding the university network from the well known ancient and redbrick universities to include the plate glass universities. The number of institutions subsequently rose from 20 to 43 in a X year time frame. The success of the Robins report is much debated, it contributed to the expansion of universities, although it was theUniversity Grants Committee in the later 1950s/early 1960s that was responsible for the emergence of the Plate Glass universities, known as Plate Glass due to architectural style. Moreover, the system has still to develop a strategy for lifelong learning.(Tight 2009), this was later addressed in the Dearing report. Others state the recommendations based on evidence presented was biased and incomplete. And if other statistics and figures had been used that it could have trumpeted the achievements of the British system (Tooley 1996). To address wider access issues in 1969 the UK government founded the Open University on the belief that communications technology could bring high quality degree-level learning to people who had not had the opportunity to attend campus universities. This was a unique and innovative approach to HE in several aspects: its open admissions poli cy and distance learning strategy. There was little major policy renewals and recommendations in the 1970s 80s .Since the Robbins report powerful forces, technological and political, were driving the economies of the world towards greater integration and the Dearing report was commissioned in the 1990s, tasked to make recommendations on how the purposes, shape, structure, size and funding of higher education, including support for students, should develop to meet the needs of the United Kingdom over the next 20 years. In the report titled Higher Education in a Learning Society there were a total of 93 recommendations made and perhaps the most notable change in funding was a shift from undergraduate tuition being funded entirely by grants from the government to a mixed system in which tuition fees were supported by low interest government loans. Those that benefit from HE should pay for it, as it is assumed that better paid jobs will be attainable with a higher degree. This was not b aulked at as in the 90s there had been a lot of uncertaintly in Higher Education and plolicies had lurched from contracting the number of students to increasing them. Underfunding had left universities so stretched they were about to snap (Sheppard and Crace 2007 ) . The amount universities had to spend on teaching had halved, and funding for infrastructure and research had been reduced. The crisis in 1996 was the result of a period of very fast growth in student numbers, financed in very substantial part by severe reductions in the unit of resource [the amount a university spends on each student] for teaching, and massive decay in research infrastructure. Other key issues raised were pursuing quality in our teaching and research and a commitment to high standards and as a result the Quality Assurance Agency (QAA) was set up to monitor standards of education in HE institutions in the UK in all teaching activities. The Research Assessment Exercise initiative was established to assess institutions quality of research. Each institution department receives a score on the quality and impact of their research and mapped to the score are research funds from the UK Research Councils. The RAE is now superseded by the REF which is deemed to be fairer. The Dearing review has been deemed successful and there have been quantitative figfures published by Watson that calculated that 28% of Dearings recommendations have made a difference, 16% have been overtaken by events, 11% were rejected, 29% happened slowly and 16% have seen no specific progress. Since the Dearing report there have been political drivers to ensure that the UK skill market for 2020 can maximise economic growth, productivity and social justice. In 2006 the Leitch report was tasked to consider this and to consider the policy framework required to support it. It reports on skills from level 1 4, level 1, 2, 3, and 4 maps to numeracy and literacy, GCSEs, A levels and higher degrees respectively. One of its goals is that more than 40% of adults should be qualified to Level 4 and above in 2020 (equivalent to degree-level qualifications), up from 29% in 2005. Another issue linked to the Leitch report is tat of graduate employability. There is no debating that a major responsibility for the smooth integration of graduates into professional life and hence society, lies with the HEIs. (Pukelis et al 2007). This is changing the shape of Universities and requires universities to be more outward looking. Recognition of this responsibility has prompted considerable debate within educational, employer and political spheres about the skills and attributes expected of graduates, and how these might be fostered. Universities are devising strategies for ensuring that their graduates possess a set of graduate attributes that can be linked to employability and managing rapid socio-cultural, political, economic and technological change. To summarize HE has changed significantly from the 1960s. The increase and projected further increase in student numbers is one important change. Concurrent with this has been the greater equality and diversity in the profile of HE. students. The advancement of technology and methods for distance learning have evolved, devolving the notion of a central University to a distributed University, aiding the increase in student numbers. As student numbers increased there was a strong focus on maintaining quality via the QAA policies and strategies for ensuring quality of research and teaching have been overhauled and change the manner in which Universitys teaching and research are assessed. There has been a move for universities to be more skill oriented where level 4 generic skills, also termed graduate attributes, can be engendered in students and potentially measured. Finally there is a move for to become more outward looking. http://www.timeshighereducation.co.uk/story.asp?storyCode=92887sectioncode=26 http://www.guardian.co.uk/education/2007/jul/24/highereducation.tuitionfees Edwards T (1997) Educating leaders and training followers?. In Edwards, T et al Separate but Equal? A Levels and GNVQs, London: Routledge. Williams G (1977) Editorial, Higher Education Quarterly, Vol 51, No 1, January, 1-5. http://www.timeshighereducation.co.uk/story.asp?storyCode=92887sectioncode=26 Tight, M. 2009. Higher Education in the United Kingdom since 1945. Society for Research into Higher Education and Open University Press 288pp. Leitch Review Index, HM Treasury, 2006-12-05 http://www.guardian.co.uk/education/2007/jul/24/highereducation.tuitionfees Pukelis, K, PileiÄ ikienÄ-, N, Allan, A and DailidienÄ-, E (2007) European and National Level Strategies for Competency-Based Curriculum Development: summary, HEGESCO, available at: www.decowe.com/static/uploaded/htmlarea/finalreportshegesco/European_National_and_Universities_Strategies_-_Summary.pdf Plan, deliver and reflect on learning and teaching sessions within a particular subject discipline The purpose of a curriculum design methodology is to try and increase the effectiveness and efficiency of the learning process based on current knowledge of how people learn. There are several methodologies available to curriculum design but a basic methodology that can be applied in the design of all types of teaching/learning scenarios is the Systems Approach. The systems approach tries to mould the input of a course/module in such a way to enable the optimal assimilation of knowledge and skills to take place during the learning process and hence maximise the quality output, [Ross TLA guide 3]. A diagram of the systems approach can be found in Appendix A. For the purpose of this report theories must be analysed with respect to the lecturers subject discipline. As an example the curriculum design of SE216 Operating systems and Networks will be discussed. The author ran this module last session but did not write the original module descriptor. The first stage in the systems approach is to consider the target population characteristics and the topic area. The 2nd year cohort will mostly consist of continuing students with a few direct entrants. It is important to profile the different educational backgrounds in terms of their previous knowledge to achieve a balanced approach to the planning of SE216. Another example of this which is indirectly related to the authors experience, is in the design of first year curricula to accommodate changes in the pre university curricula and to provide a smooth transition to higher education in the face of an increasingly diverse student population, (Cox, B. Ingleby, A., 1997). The next stage is to estimate the relevant existing skills and knowledge of learners. Students upon entering University possess a variety of skills all to varying degrees. The 1st year Dip HE Computing and IT, (replaces the HND) students are a mixture of school leavers and direct entrants. These students are given a series of study skill seminars so that they all know what is expected of them and to bring them to a common level. Another example of students bringing different histories to university is apparent in the teaching of first year programming SE111. These students encompass a vast range of abilities from those who have never programmed to the expert programmer. The teaching approach cannot be tailored to meet every students needs however the tutorials/labs were streamed to be aware of the vast individual differences and to ensure that the students received quality teaching, whether they needed to be taught from a beginners level or their knowledge reinforced. After taking these issues into account the next stage is the formulation of objectives/Learning Outcomes. It is the learning outcomes that encapsulate the new skills, knowledge or attitude that the new students will acquire. Listed below are the current objectives and suggested content of SE216 not written by the author: Objectives Understand the role and features of an operating system. Utilise at least one operating system to perform common tasks. Understand network topologies and protocols. On studying these the author felt that the objectives are ambiguous and vague using expressions such as understand and concept which are too illdefined to convey the exact nature of the behaviour being sought. It is extremely important that the objectives and learning outcomes are clear and concise to the student. Learning outcomes should be written in future tense and conveyed by verbs, which describe exactly what the student is, expected to be able to do after completing the learning process. More importantly the LOs should be written in such a manner that the students can easily understand them. A good educational objective is one, which contains an action verb describing an observable measurable performance, (Gronlund 1978, Mayer 1990). Taking this into account the previous objectives were rewritten by the author and are as below: Learning outcomes By the end of this module the student will be able to: Define the role and main features of an operating system. Demonstate the use of at least one operating system to perform simple tasks. Describe various network types, protocols and topologies. Outline the OSI Interconnection model and compare with existing operating system implementations. Once the LOs have been formulated the appropriate teaching method must be selected. There are numerous teaching methods available but one is confined by institutional constraints. The teaching methods must be selected with the appropriate LO/objective in mind and a combination of teaching methods can be used for a particular course. In SE216 a lecture is given which is the practical and most common way to convey information to a large group. The students also participate in a tutorial and lab group. Since one of the LOs is to be able to utilise an operating System it was felt that this learning process was best suited to an active laboratory. In the tutorials group discussions were encouraged also providing the students with an active part in learning the content of the module. It has been researched that group learning and discussions improves the quality of learning, (MCB, 1990). Directed study of material in textbooks is also used however well structured handouts were given out at each lecture which link the content of the lecture to the LOs more closely than the directed study. However it was felt that the directed reading was an important part in developing a culture of independent and deep learning. Students adopting a deep learning approach to their normal studies related new material to their own knowledge and experience, stressing the importance of reorganising new information in terms of existing knowledge structure, (Svennsson, 1977). Independent learning is encouraged as it leads to increased responsibility and autonomy on the part of the learner, (Richardson, J., 2000). There is a multitude of teaching approaches and it is important that the educator must feel comfortable with his/her choice of teaching methods or it will not be successful. Once the teaching methods have been decided the course must be assessed. The aim of assessment is to provide feedback and guidance to the learner and to judge the extent of learning. The assessment should test each LO and it has been found that varied assessment leads to improved learning, (Cox, B. and Ingleby, A., 1997). In the case of SE216 it was felt that the learning outcomes were attainable to two distinct areas the cognitive and the physchomotor domain. The cognitive domain applied to LO 2,3, and 4, which required the acquisition and application of knowledge and understanding. Learning outcome 3 belongs to the physchomotor domain and deals with the development of manipulative or physical skills. The physcomotor LO1 was assessed by a logbook which recorded the students actions and experiences whilst carrying out specific lab sheets. The second part of the assessment dealt with LO 2, 3 and 4, which involved knowledge and understanding of the content, (lower cognitive skills) and was tested in an exam. The exam was structured such that the student had to develop higher cognitive skills in the synthesis and processing of their knowledge i.e the first part of the question was knowledge based and the second part was application of this knowledge in a particular context. It is vital to realise that the systems approach is a cyclic procedure. Poorly achieved objectives/LO lead to a course designer to examine the entire system to see where improvements can be made. In SE216 less ambiguous statements of LO/objectives may improve student learning. Also a prior knowledge of Computer Architecture, SE215 was wrongly assumed even though it is a prerequisite on the module descriptor. A small collaborative group has been set up within the SE division to ensure that a consistent stream of Computing Infrastructure/Networks runs through the 1st 4th year BSc Computing course. The module descriptors of modules have been modified to reflect this. This will ensure that the students upon undertaking SE216 have the relevant background knowledge to do so. As an extra precaution the lectures will be modified this session to include a revision of computer architecture. On evaluation, (via questionnaires) of the module some students felt the module was biased with the bul k of the content on Operating Systems. The updated module descriptor aims to get a more balanced content with respect to Operating Systems and Networks. Finally there are disadvantages associated with the systems model. The main disadvantages being that the course/module may become too prescribed and lack spontaneity with an over emphasis on the LOs, REF. I felt that these disadvantages can be overcome by the educator bearing these points in mind and remembering that the LOs are only a guide to give the student an idea of the content of the module. Evaluation and Reflection The TLA principle, which is the focus of this narrative, is a lecture given to 2nd year BSc Computing students. The lecture is from SE216 Operating Systems and Networks. The module is split into two sections, part one being Operating systems and part two being Networks. This narrative pertains to one lecture given out of seven on Operating Systems. The aim of the series of lectures is to provide the students with the theoretical foundation relating to O/S. Each lecture is not treated independently or in isolation of other lectures but rather each lecture provides the basis for future lectures in the series ultimately building a coherent picture of Operating Systems. The delivery method chosen for this particular module was the traditional approach. This was found to be the most practical considering the large number of students, the type of material being taught and the environmental and staff constraints. The lectures were well structured always stating the aims and objectives of that particular lecture and providing a summary at the end. The lecture was always introduced so that the students were aware of that particular lectures relevance and how it fitted in with the previous lectures and future lectures. The author feels that this encourages effective learning, Bligh 1998. REF holistic approach. The lectures were always written in simple English, which is also thought to help students synthesise the material. It was also felt appropriate to involve the students in the lecture, which encourages active learning stimulating deep learning. Stalling the lectures and providing discussion questions based on important and fundamental issues achiev ed this. The students were also expected to sketch their own diagrams and carry out their own calculations. At the lecture handouts were also given out. It was felt that these were necessary to allow the students to listen and synthesise the material rather than spending most their time writing notes. Writing their own notes has disadvantages such as slow writers are penalised. However on evaluation next session a full set of lecture notes will not be provided. Instead a partial set of notes providing the students with the bullet points will be provided. The students will then be expected to add any details they felt were important which will again provide a more active learning experience. Directed reading was also given to the students to encourage deep learning. The main disadvantage of directed reading is that the student may not be able to relate the information to the LOs. It was felt that the directed reading was necessary so that the student would engage in independent learning which is the main aim of learning. REF Although the traditional approach was utilised it was felt by the author that it incorporated modern flavours making the lectures more interactive, fun and interesting. This hopefully encouraged the students to learn independently and deeply. It was felt that on the whole this was achieved. It is however vital to remember that this did not just depend on the mode of delivery and style of teaching but also on many uncontrollable factors. These include amount of reading, prepar

Creating own signature for use in web :: essays research papers

In this tutorial I will show you how to make a custom user bar. I will be making a Photshop CS user bar. 1) Make a new document with sizes widht: 350 height: 19 with a transparent background. 2) Make a suitable gradient and apply it. 3) Now get a logo, when I usually search for images i use Google Images, find your logo and open it up in Photoshop. 4) Now it's time to remove your logo from the background, get the polygonal lasso tool and carefully cut it out. 5) Now go to Edit > Copy, then open the user bar document (the one where you applied a gradient), then create a new layer and go to Edit > Paste. 6) Now with this layer selected go to Edit > Transform > Scale and resize your logo or reposition it if you wish. 7) Now right click on the layer and select Blending Options and give it a little outer glow with these settings: 8) Now make a new layer and get the Elliptical Marquee Tool and drag it from about point 1 to point 2. 9) Now get the Gradient Tool and use these settings: and now drag it vertical from point 1 to point 2: 10) And now you have a nice light effect, create a new layer and fill it with a 45 degree scanline with opacity from 10% - 15% if you don't have a 45 degree scanline make a new document with dimensions 3x3 with a transparent background and do a maximum zoom, now get the pen tool (make shure your color is set to black) and draw what I've done in this picture: When you are done go to Edit > Define Pattern and name it what you want and click ok. Now you can close this document because the pattern is permanently saved in Photoshop. Here is what you should have so far: 11) Now it's time to put some text, I will use font Visitor which you can get from this link: http://dafont.

Retail Management Exam Notes

World of Retailing Retailing: the set of business activities that adds value to the products and services sold to consumers for their personal use or family use * Retailer: a business that sells products and/or services to consumers for their personal or family use * Supply Chain: set of firms that make and deliver goods and services to consumers * Wholesalers: engage in buying, taking title to, often storing, and physically handling goods in large quantities and then reselling the goods to retailers and other businesses * Vertical Integration: that a form performs more than one set of activities in the channel, as occurs when a retailer engages in wholesaling activities by operating its own distribution centers to supply its stores *Backward Integration: when a retailer performs some wholesaling and manufacturing activities, such as operating warehouses or designing private-label merchandise Why are retailers needed? 1. Provide an assortment of products and services 2. Breaking bulk 3. Holding inventory 4. Providing services Corporate Social Responsibility (CSR): an organization voluntarily taking responsibility for the impact of its activities on its employees, customers, community and the environment * Intratype Competition: competition between same type of retailers * Intertype Competition: competition between retailers that sell similar merchandise using different types of stores, such as discount and department stores *Scrambled Merchandising: When retailers offer merchandise not typically associated with their type of store * Retail Strategy: how the retailer plans to focus its resources to accomplish its objectives 1. Target market, or markets, toward which the retailer will direct its efforts 2. The nature of the merchandise and services the retailer will offer to satisfy the needs of the target market 3. How will the retailer will build a long-term advantage over its competitors * Ethics: principles governing individuals and companies that establish a ppropriate behavior and indicate what is right or wrong Ch. 2 Types of Retailers Variety: number of merchandise bur differ in the variety and assortment of merchandised offered- Breadth of Merchandise * Assortment: number of different items offered in a merchandise category- Depth of Merchandise* Stock-Keeping Unit(SKU): each different item of merchandise * Conventional Supermarket: large self-service retail food store offering groceries, meat, and produce, as wells as nonfood items, such as health and beauty aids and general merchandise- stock about 30000 SKU’s * Limited Assortment Supermarkets or Extreme-Value Food Retailers: stock about 200 SKU’s * Power Perimeter: fresh-merchandise along the outer walls of a supermarket, that include dairy, meat, floral, produce, deli and coffee bar * Fresh Supermarkets: smaller and more convenient than a traditional supermarket and have less space devoted to packaged goods * Fair Trade: practice of purchasing from factories that p ay workers a living wage, and offer other benefits like onsite medical treatment * Locavore Movement: focuses on reducing carbon footprint caused by transportation of food throughout the world * Supercenters: large 185000 sq ft that combine a supermarket with a full-line discount store Ex.Wal-Mart * Hypermarkets: 100000 to 300000 sq ft combine food (60 to 70%) and general merchandise (30 to 40%) * Warehouse Clubs: retailers that offer limited and irregular assortment of food and general merchandise with little service at low prices for ultimate consumers and small businesses * Convenience Stores: provide a limited variety and assortment of merchandise at a convenient location in 3000 to 5000 sq ft stores with speedy checkout * Department Stores: retailers that carry a broad variety and deep assortment, offer customer services, and organize their stores into distinct departments for displaying merchandise * Full-Line Discount Stores: retailers that offer a broad variety of merchandis e, limited service and low prices Ex.Wal-Mart, Target, Kmart * Specialty Stores: concentrate on a limited number of complimentary merchandise categories and provide a high level of service Ex. Victoria Secret * Drugstores: concentrate on health and personal grooming merchandise * Category Specialists: big-box stores that offer a barrow but deep assortment of merchandise Ex. Bass Pro Shops * Category Killers: offering complete assortment, using their category dominance and buying power * Extreme- Value Retailers: small discount stores that offer a limited merchandise assortment at low prices Ex. Dollar Tree * Off-Price Retailers or Closeout Retailers: offer an inconsistent assortment of brand name merchandise at a significant discount off the manufacturers’ suggested retail price(MSRP) Ex. T. J.Maxx * Closeouts: end-of-season merchandise that will not come back the following season * Irregulars: merchandise that has minor mistakes in construction * Outlet Stores: off-price ret ailers owned by manufacturers or retailers * Factory Outlets: own by manufacturers Ex. Coach * Retail Chain: company that operates multiple retail units under common ownership and usually has centralized decision making for defining and implementing its strategy * Franchising: contractual agreement between a franchisor and a franchisee that allow the franchisee to operate a retail outlet using a name and format developed and supported by the franchisor Ch. 3 Multichannel Retailing Multichannel Retailers: retailers that sell merchandise or services through more than one channel * Retail Channel: the way a retailer sells and delivers merchandise and services to its customers* Internet Retailing, Online Retailing, Electronic Retailing or E-Tailing: a retail channel in which the offering of products and services for sale is communicated to customers over the internet * Catalog Channel: a nonstore retail channel in which the retail offering is communicated to customers through a catalog mailed to customers * Direct Selling: a retail channel in which salespeople interact with customers face-to-face in a convenient location, either at the customer’s home or at work * Multilevel System: independent businesspeople serve as master distributors, recruiting other people to become distributors in their network * Pyramid Scheme: develops when the firm and its program are designed to sell merchandise and services to other distributors rather than to end users * Television Home Shopping: a retail channel in which customers watch a television program demonstrates merchandise and then place orders for that merchandise, usually by telephone, via the internet, or via the TV remote* Infomercials: 30 to 60 minutes that mix entertainment with product demonstrations and then solicits orders placed by telephone * Direct-Response Advertising: 1 to 2 minute advertisements on TV and radio that describe products and provide an opportunity for consumers to order them * Automated Ret ailing: a retail channel in which merchandise or services are stores in a machine and dispensed to customers when they deposit cash or use a credit card * Vending Machines: automated retailing machines, placed at convenient, high-traffic locations * Benefits of Store Channel: 1. Touching and Feeling Products 2. Personal Service 3. Risk reduction 4. Immediate Gratification 5. Entertainment and social interaction 6. Browsing 7. Cash Payment * Benefits of Cataloging: 1. Safety 2. Convenience 3.Ease of use * Benefits of Internet Shopping: 1. Safety 2. Convenience 3. Broad and deep assortments 4. Extensive and timely information 5. Personalization * Risks in Electronic Shopping: 1. Security of credit card transactions on the internet 2. Privacy violations * Disintermediation: when a manufacturer sells directly to consumers and bypassing retailers * Channel Migration: consumers collecting information about products on their channel and then buying the product from a competitor Ch. 4 Custo mer Buying Behavior * Buying Process: steps consumers go through when buying a product or services, begins when customers recognize an unsatisfied need *Utilitarian Needs: shopping to accomplish a specific task * Hedonic Needs: shopping for pleasure; entertainment, emotional and recreational experiences * Cross-Shopping: buying both premium and low-priced merchandise or patronizing both expensive, status-oriented retailers and price-oriented retailers * Internal Sources: information in customer’s memory; names, images, past experiences * External Sources: info provided by ads and other people * Every day-low-pricing policy: assure customers that that won’t find an item at a lower price at a different store the next time they shop for it * Multiattribute Attitude Model: based on the notion that customers see a retailer, a product, or a channel as a collection of attributes or characteristics

The Crucible Act 3

The Crucible Act 3 Free Online Research Papers The well known novel, The crucible , is based off true events during the Salem witch trials, which took place in the early 1900’s. Many people were accused of being a witch and/or causing harm to the colonist in the Americas. In the acts that have led up to act III, many women have been accused and charged of immoral crimes. During this time era religion was a major objects in peoples’ life, it is believed that religion had an influence on the witch trials. It is also believed that the trials were to keep women from gaining to much power, they were not suppose to be the upper authority so therefore in the were in jail and/or hung they couldn’t receive power over men. At the beginning of act III Judge Hawthorne is in the court house and the trials for that day have started. First on trial is Martha Corey, accused of witchcraft, but Giles doesn’t agree with this accusation and is convinced that this is Mr. Putnam’s way of acquiring new land for himself. To solve the problem and to see if Giles Corey’s accusation is true the judge, the deputy governor, both the reverends, and Francis join Giles in the vestry room to discuss the matter at hand. While the Corey-Putnam situation is being solved to more people, Proctor and Mary Warren, enter the room. Shortly after Proctor and Ms.Warren enter the room, Mary tells the others that’s the girls and herself were only pretending to be affected by witch craft, nothing had really happened to them. The town’s authority was surprised that the girls would come up with such accusations against the towns people, Judge Danforth has asked Proctor if he has informed the town about the confession of the girl. In reaction to such lies, Paris suggest over throwing the court and Danforth questions John to see if he is conspiring to ignore the courts authority. John calmly states that he only wants to have his wife back. Cheever, who was sitting quietly watching the following events, has no problem in telling the judge that john tore up Elizabeth’s warrant for her arrest, along with the fact the Proctor breaks the law on Sunday and plows his land. Judge Danforth begins to ask John about his religion, and is shocked that John barely goes to church. John doesn’t really show any concern about what happens to himself, he just worries about his wife because he knows she isn’t guilty of witch craft, she is just a good religiously, godly woman that does as she should. To much of Proctor’s surprise the judges tell him not to worry about her, Elizabeth has claimed to be pregnant and won’t be hung until after she births her baby. Procto r is asked to drop his charge against the court but he wont, instead he returns with a protest signed by ninety-one land owning citizens of Salem, each and every person speaks of what good people Martha, Elizabeth, and Rebecca are. Rev. Paris suggest that all ninety-one people be prosecuted for this protest because it seems to attack the court and undermined authority of Salem. Later in act III, Abigail Williams is brought into the court room, she is called there by Judge Danforth. When Ms. Williams and her friends arrive she is questioned about Mary Warren’s confession, Abigail disagrees with all of it. Mary repeats that the girls are only pretending and none of this is real. To prove her true, Hawthorne ask Mary to pretend to faint for the court but she replies she can’t because she doesn’t known how to. Mary Warren is under so much pressure that she quickly says she only thought she saw spirits but it wasn’t really real. Soon Danforth tries to get Abigail to tell them all the truth but she just shivers then states that Mary had send a cold wind upon them. Knowing that Abigail and her girls are lying, Proctor stands up and yells that Abigail is a whore, and admits to his affair with her, which explained why Elizabeth fired her when she found out about the situation. John exclaims that Abigail wanted Elizabeth to be hung so sh e could take his wife’s place in the home. When John Finishes his accusations against Abigail the judge tells both of them to turn around then send for Mrs. Proctor. Upon Elizabeth’s arrival she is asked why was Abigail fired, confused she looks at John for help but is ordered to just look at the judge. Elizabeth states that she thought John had a thing for Abigail and in rage fired the child without a reason, as Mrs. Proctor leaves john yells that he confessed his sin, but the story couldn’t be changed. In all the commotion all the girls shout that Mary is sending spirits at them, that they need help. Mart begs them to stop but they just keep repeating their accusing words over and over. Everybody in the room looks around in fear and excitement, but they are confused about the fake happenings among them. Mary becomes scared with everybody’s commotion and begins to yell and shout as well. Proctor tries to help her but she moves abruptly from him and say s he is the devil’s man. She accuses John Proctor of speaking with the devil and trying to get her to join his evil ways. John is arrested after all the accusation and his confession to adultery and after trial is proven guilty among all the accusations. 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Children-Drugs Persuasion Paper essays

Children-Drugs Persuasion Paper essays Children are affected by their parents. Drugs traumatize children. The drug known as, Crank or meth has become an epidemic in the Western United States. Drugs are not victimless crimes. Drugs affect the addicts' grandparents, parents, children, siblings, law enforcement officers, court workers, and average citizens like you and me. Many experts describe meth addicts as aggressive, belligerent, mean, anxious, fearful and paranoid. These extreme feelings persist for weeks, exacerbated by fatigue. Because of the effects of meth many users do not eat or sleep for weeks. These are troubled people, not caring for themselves or those around them. Most of the women have been sexually molested and are "shattered at a level we know very little about," says Lindy Haunschild, coordinator of the Parent-Child Assistance Program in Spokane. She goes on to say "Children born to these mothers also are likely to be sexually abused. They don't have stable, loving, nurturing parents to keep them safe?" The children are often removed by the state and placed in foster care because of their living conditions. Drug lab decontamination supervisor Bob Webb of MGEC Environmental Solutions has called meth an "Environmental Nightmare." The process used to make the drug is dangerous, toxic and leaves residue that must be removed by a Hazardous Materials Team. The toxic fumes permeate the carpet, drapes, furniture, ceiling, cabinets, flooring and drywall. The chemicals used to make meth include drain cleaner, gasoline, liquid Ammonia fertilizer, Red Devil lye, red phosphorous, toluene, sulfuric acid, hydrochloric acid and xylene to extract meth from diet tablets and over-the-counter cold remedies. The long-term health effects to those exposed peripherally are still unknown. If a house used to make meth is deemed a toxic dump, what about the children that are raised in that environme ...

Rhetorical Analysis Research Paper Example | Topics and Well Written Essays - 500 words

Rhetorical Analysis - Research Paper Example The ethos aspect, emotional appeal, of the article is significantly strong. Mr. Roger Cohen is a renowned author, columnist and journalist. (A General Summary of Aristotle's Appeals . . ., n.d.). He has extensive experience in foreign correspondence and his work reflects his far-reaching credentials. Considering the writer’s authenticity and credibility, the article carries much weight and strength. However, there is a point worth consideration here. To write about Britishers’ sentiments about London Olympics, probably, is a little out of Roger Cohen spectrum of expertise. In a way, this article can be regarded as a casual, off-road piece of writing for a usually seriously-political content-writer such Roger Cohen. His role in the article is important and provides basis for the basic structure of the writing. He sets the tone as casual and light-weighted. More importantly, using his imaginative-fluency, he carefully carves the primary style to be used in the article from start to end. He uses the indirect approach whereby he creates an opposite scenario at first in the initial paragraph to introduce the main scenario of the article that worked well in the general discourse of the whole writing. Moving on to the content of the article, it is safe to say that he articulated this piece with a commendable choice of words and expression to produce an interesting read. He enjoyed the liberty to develop coherent pre-body scenarios and post-body conclusions. The logos aspect (The Rhetorical Triangle: Understanding and Using Logos, Ethos, and Pathos, n.d.) of it considerably appropriate; Cohen’s ability in using logic and rationality in his writing is strongly backed by his extensive experience in journalism and column-writing.

Poems Essay Example | Topics and Well Written Essays - 1250 words

Poems - Essay Example Essentially, Montresor aims to be the jury, a judge, and executioner. Montresor hates Fortunato because the latter had caused many injuries to the former. Due to jealousy, Montresor endeavors to attack Fortunato by skillfully employing a reverse psychology. Notably, Montresor constantly indicates that he has the capacity to ask Luchesi to observe Amontillado although Fortunate detests the obscene scene, and claims that Luchesi does not have the ability to tell Amontillado from Sherry (Poe 745). The audience knows that Montresor is jealous of Fortunato. In order to complete his revenge mission, Montresor tricks Fortunate into coming to his catacombs in order to taste some Amontillado, which is non-existent. Jealousy drives Montresor to endeavor to betray Fortunato by inviting him to taste Amontillado that did not exist. Montresor wishes that he had what Fortunato possessed. Notably, Montresor tells Fortunato that he has the wealth and many people respect, love, and admire him (Poe 744). In effect, Montresor wishes that he had what Fortunate owns. Due to such wishes, Montresor has developed a vengeful spirit catapulted by jealousy (Meyers 202). Montresor thinks that Fortunato is more significant than he is. The protagonist is in deep thought of revenging although he does not indicate the precise reason for executing the deed. The audience can notice that the protagonist intends to kill Fortunato due to mere jealousy and pride. Jealousy is too much in Montresor, and it does not allow him to give his intended action a second thought. Notably, the protagonist proves that he has the highest level of jealousy when he ridicules Fortunato’s attire. Montresor says, â€Å"The man wore mo tley. He had on a tight-fitting parti-stripped dress and his head was surmounted by the conical cap and bells† (Poe 744). The description of the Fortunato’s attire hinges on a pure jealousy. Poe uses irony to underscore the theme of jealously. Notably, Poe’s choice of the