Questionary Essay Example | Topics and Well Written Essays - 500 words

Questionary - Essay ExampleThe distinction is typically limited between human nouns and non human nouns that rear to inanimate objects. Noun classes refer to an extension of the grammatical gender concept such that nouns atomic number 18 classed on a yield of distinctions other than human and non human. These classes could be composed of any number and styles of distinctions from one language to another. Numeral classifiers tend to count objects by placing them in specific classes while counting them at the same time. This tradition is more super C in East Asian languages.4. The best method to test for a noun is to allow the informant to construct as many morphological forms as realizable for each formulate. It is advisable to allow the informant to use gender classifications as well as other grammatical devices to discover as many variations as possible. In contrast, to test for pronouns, it is relevant to see if adjectives or certain other grammatical forms are able to modify the word. If modification with this method is possible, then the word is a pronoun and vice versa.5. Phonological differences as in the Polish case mean that the field worker may assume that the few tried phonologic variations are all that is required for classification. However, this may not be true at all and further classification may be required depending on the languages peculiarities.6. Suppletion refers to the use of a particular word in the inflected form of another particular word when both words are not cognate in any manner. Suppletive forms tend to be highly irregular as the gap in the paradigm is provided by an unrelated paradigm. For exercising the plural of girl is girls in English but the plural of man is not mans. Instead, it is men.8. When carrying out elicitation, it is impractical to go through each and every unmarried word being related by the informant since it would affect the efficiency. However, if too much

History and Development of Air-conditioning Research Paper

History and Development of Air-conditioning - Research Paper ExampleA close ascendent to the modern air conditioner units made in 1902, by an American locomotive engineer by the name of Willis Carrier. The machine at that time called Apparatus for Treating Air and make for the Sackett-Wilhelms Lithographing and Publishing Co. in Brooklyn, New York. Chilled coils social functiond in machines to reduce air and lower humidness to 55%. Although the apparatus made with enough precision that the humidity level desired was adjustable. (History of Air Conditioning)The article explains how air conditioners started becoming a commercial product as it became increasingly in use for industrial purposes. The real breakthrough achieved when Carrier had the benign dielene together with a central compressor replacing the ammonia thus reducing the size of the unit. Willis Carriers invention came young in the 1900s, but before that, several attempts to air conditioning existed.In 180 AD, Ding Hua n discovered the first ventilation system that was sports fan powered. The fan passed air from cold water and the air then spread in the house manually (Paventi). Later fountain water utilise to power the engine of the fan, thus reducing manual labor. Apart from the cooling effect of the water, the air became humid too (Paventi).In 1820 Michael Faraday, a British scientist, made a compressor that used ammonia (Paventi). Exhaustion of the toxic ammonia fumes became difficult and thus the cooling effect was unsafe. However, up to date his compressing technology is still in use.

Organizational Behavior Essay Example for Free

Organizational Behavior EssayThe official words of japan is lacquerese. The official piety is Buddhism. A meal always has rice, even breakfast. White rice is called gohan. Meals often consist of gohan, a bowl of pickles called tsukemono, a bowl of soup, and a variety of other dishes like fish, meat, and vegetables. This is called okazu. Since Japan is an island country they consume a lot of seafood including squid, crab, octopus, shrimp, whale, lobster and seaweed. Slurping your soup or noodles shows the Japanese that you are enjoying your meal. When doing craft men should slang dark and conservative attire. Shoes should be easy to remove as this will be done often. When using a bathroom in mortals home, you will be required to wear a specific pair of slippers before using it. Women should wear low heeled shoes to revoke be taller than men. Pointing is considered rude. It is custom to arrive late, punctuality is not expected. Money is not openly displayed, use an envelope. The number fourteen is bad luck, it sounds like the Japanese word for death. business and individualal gift giving is very important and should be done at the end of the visit. Business cards should be printed in your home language on one side and in Japanese on the other. A bow, not a handshake is the proper way to greet.EGYPTIn Egypt the predominant religion is Islam. Foreigners are expected to dress modestly, do not wear Egyptian clothing. Jackets and ties are required for men, women must also dress modestly. Egyptians stand very stiff to each other, moving away from them is seen as an act of aloofness, however, opposite sexes stand further apart than we do in the United States. Showing your shoe repair is considered an insult to the other person you are meeting, do not cross your legs during your meeting. Smoking in public is very common, present and offer your cigarettes. Arabic is subscribe from the right to the left. Books begin on what Americans consider to be the last page. Business cards should be printed in Arabic on one side of the card, and in English on the other side of the card.BRAZILIn Brazil, Portugese is the official language, although others speak Spanish, Italian, and other languages. No official religion is listed, however most Brazilians serve Roman Catholic. Brazil is the worlds fifth largest country in population and landmass. Half of Brazils population is under the age of twenty. When conducting business three piece suits should be worn by men and women, and womens nails should be manicured. You should avoid wearing the colorize green and yellow together, as it is the colors of the Brazilian flag. The okay hand signal is considered rude to express appreciation you should pinch your earlobe between your thumb and forefinger. Schedule all appointments at to the lowest degree two weeks in advance, to them, time is money. Never discuss business before your host does.Brazilians entertain business cliental in a restaurant, never in their homes. turn over giving is not required. When sending a bouquet of flowers, avoid the color purple as it used for funerals. Tipping in Brazil is very common and is ordinarily about ten percent. When greeting, handshaking for men is very typical while women exchange kisses by placing themselves cheek to cheek and kissing the air. When greeting the other person using titles are very important to them. When you are trying to strike up a conversation with them good conversation topics are soccer, their families and children. Conversation topics to avoid are politics, religion, and the rain forest.After reviewing these three countries and there cultures I would have to say that Japan would be the country with the most employment satisfaction. Although very populated, Japan passed a constitutional law just after World War II that gave women the right to choose their occupation. Since that law, more women have gone into the workforce and standard the education and training possib le to hold high end executive jobs that were once held by man alone. Even though Brazil and Egypt have high levels of women in the workforce most of the jobs are domestic, like cleaning and cooking.Referenceshttp//www.cyborlink.com.Retrieved January 14, 2013.

Crescent Case Essay Example for Free

rounded Case EssayA. Segmentation and TargetingWhen Looking at what market should be targeted the thing that stuck step up most was there is not a healthy alternative for strength drinks. Most of these drinks are full of high fructose corn syrup and flush with extreme amounts of caffeine. Crescent give the consumers a healthy alternative to this option. The trend these days is towards more organic and healthier choices. Crescent is just that. It gives the option for a healthy version of an cipher drink which is much needed. The Energy Drink market is growing at a much faster rate than the sportswoman drink market as well as the fitting into a much better price point for marketing. With the market for these brawniness drink creation on average $2.99 the price of $2.75 for crescent is be secondary the market average as well as being a slight bit diametric by marketing a healthy alternative option to most other sport drinks on the market now.B. PositioningWhen Looking over the two perceptual Maps the thing noticed is that most of these products hit extremes of each category. For example a sport drink is high on the hydration direct but low on the energy. As for the energy drink the moorage is the exact opposite. When looking at nutrition and taste the nutrition and taste are higher on sports drinks and energy drinks are low on nutrition but the 50/50 on the taste. When looking at crescents studies it would seem that they would be the best shimmy for the average consumer as they would be better than average in wholly of these categories. The nutrition would be higher than the sports drinks and close to what swish and drip are pertaining to nutritional value and the taste would also fall higher similar to Drip or Razor. When looking at the Hydration and Energy Crescent would also be above average for both. With the equivalent of a cup of coffees worth of caffeine Crescent would fall similar to where torque and Drip are for energy levels.As for lo oking at hydration Crescent would be up closer to the sports drinks with is electrolytes and natural ingredients closer to where Glean and Watr+ are. Each marketing promotion has positives and negatives. When marketed as an energy drink there is the Pros of being a drastically growing market which has grown by 40% already and is project to hit 13.5 billion by 2018 as well as no single product being marketed as a healthy alternative energy drink. Another pro is that the cost of theproduct is less than the market average. The con of an energy drink market would be that current news stories are foreground the health risks of Energy drinks and the diminishing number of consumers who are now drinking them. The sports drink market have a much larger population of consumers ranging from jr. ages of 12-24.Also with the average sports drink being much cheaper people may not be willing to pay the $2.75 for a sports drink. With Crescent being an all organic product being an alternative to hig h fructose corn drinks would increase their market audience. The threats would be the increase in childhood obesity who key out up a large portion of the sport drink market the option of just proving water to children is easier and more economically sound for parents rather than continually paying for sports drinks. Lastly as an Organic Drink they are able to market it as a healthy sports/energy drink for the body consecutive adult who wants to stay away from non-organic products. This also works as a con where if they market solely to this small group of people they may be losing a lot of consumers who may be avoiding the new fad of vegan, healthy organic products.C. Contribution MarginThe contribution margin per case of Crescent would be $5.28 or 18%. This is figured by taking the selling price per can and minusing the cost per can. Which would bring the profit of 22 cents per can and a case of 24 would bring the profit to $5.28 per case. You would then take that number and divi de it by the Price per case of $29.76 which would give you 18% profit.D. BreakevenTo match the national level of marketing it would require putting in 6.66 times the budget that it took to market 15% which would be a total marketing budget of 5 one million million million dollars. With a Total budget of 5 Million dollars it would take selling 946970 Cases of Crescent to break even on the National Level. To address the break-even market luck for energy would be .07% of the Market Share. This is figured by taking the Market of 9.58 Billion dollars and dividing that by the Marketing budget of 5 Million Dollars.E. RecommendationThe factors that should be used to determine positioning are, Similarities incompetitors, Forecast of market increase, pricing of products and marketability of product. I would Recommend Marketing Crescent as an organic energy drink. This would withstand to a large number of people and would give a different option to the Energy Drinks that are currently on th e market. This product could increase the consumers ideas of what energy drinks are especially focusing on bringing up the areas of healthiness, hydration and natural. With these areas only having the highest percentage at 11% Crescent would be a great product to diversify the market. Having a below average market price for product pricing makes Crescent an even better market to explore. Crescent provides a great break from the normal high fructose high caffeine energy drinks while still hydrating and tasting great.

Strategic Management Essay Example for Free

Strategic Management EssayToyota Motor Corporation is a famous Japanese multinational corporation, and is considered the worlds second largest car energiser of automobiles, trucks, buses, robots, and providing financial services. When Toyota and other Japanese carmakers entered the American market, they were not considered as a threat to the American auto industry because it was believed their cars had no appeal to American consumers However, in the 1970s, due to several problems like environmental regulations, and quality control issues with American cars, a good number of American car owners began searching for alternatives to poorly make American cars. In response to these changes, Toyota and other Japanese carmakers aggressively marketed their cars to Americans as being fuel-efficient, environmentally friendly, and having better build quality than American cars. In addition, Toyota marketed their cars with commercials involving youthful Toyota drivers jumping in the air. As a result, the Japaneses marketing campaign along with continuing problems from the Big Three auto manufacturers, al sufferinged import cars to make up about 20 percent of the US car market by 1980. Stage1.General Motors, Ford and Daimler-Chrysler focused in the late 1990s on mergers and acquisitions for improving their business positions to meet future challenges. Toyota, meanwhile, centered its business strategy on technological innovation and persistent environmental product development. The price of vegetable oil was not especially high during the 1990s when Toyota started its loan-blend car program. Oil prices were below US $20 barrel in 1994 and were to fall to a 50-year low around 1997 when the Toyota Prius was primary sold in Japan.Clearly something else was driving Toyota and other Japanese companies to invest so heavily in hybrid car development. there are three probable reasons 1 . High petrol taxes in Japan, due to the Japanese government wanting to reduce the depende nce of Japan on imported oil. While this would have certainly driven the Japanese development of hybrid cars, petrol was cheap in the key US market at this time. 2) The potential to gain a market advantage by developing the key technologies required to successfully commercialize hybrid cars, and then owning these developments via patents.3) The expectation that monomania of these key fuel savings technologies would become very valuable when world oil prices rise from the lows of the mid-1990s, which was a fair long-term assumption to make during this period. Stage2 last Making Process In 1994, the executive group acknowledged the potential threat of depleting oil reserves and climate change and change their strategy or products to meet the call fors of future customers. Course of ActionToyota set up a group tasked with meeting the challenge of creating a vehicle for the 21st century, which would crap within the parameters of natural resource constraints and environmental issues . Commitment to course of action Toyota pioneered the concept of Hybrid (petrol/electric) technology to mass produce the worlds first eco-efficient vehicle, the Toyota Prius. Evaluation of decision/re-engineering The first prototype of the car had even faced starting problem. It took almost six months to roll the car. Finally, when the car started, it moved for a some yards only.It was hard to imagine that Toyota, which was known for its efficient production systems, was facing such trouble. Initially it felt that Prius was a case of technological problems, impossible demands and multiple miscalculations. It turn up how a great company could overcome obstacles and turn a dream into reality. Though Prius represented only a small fraction of the nine jillion cars and trucks that the Japanese company planned to produce in 2006, it would be the first vehicle to provide a serious alternative to internal combustion engines, knowing for a world of scarce oil and was branded as The car for the future.Stage3 Toyota carefully studied the US market and sees there is a exploitation oil crisis and foresees a need for change in the structure for cars, converting their needs to oil saving cars. While American car manufactures lacked producing such cars, then Toyota caught that chance and tried to occupy this niche market. By 2002, it was being sold in North America, Japan, Europe, Hong Kong, Australia and Singapore. Analysts opined that the demand for hybrid cars would rise because of the unstable oil prices and the exploitation need for environment friendly products.Post Evaluation By examining the external environment and acknowledging the potential threats of depleting resources and increased maintenance over environmental issues, Toyota have turned a threat into a business opportunity, make headwaying their reputation both as an environmentally conscious and as technological innovators and established themselves as leaders in this growing market. The car industr y faces many complex issues, but the introduction of the Prius provided Toyota with a competitive advantage. RoadMap to the development Process of Toyota Prius.Stage1 Stage2 Stage3 Executive level 1 Expressed concern about the future of the automobile2. Embarked a modern project called G21 to the team3. Communicated the vision and priorities to the team 1. The executive team acknowledged the potential threat of depleting oil2. Challenged the team for the innovation of new model using new technology 1. Toyota unveiled the Prius in Japan in October 1997, two months ahead of schedule. 2. Made strategy plans for introducing cars to US and other likely continents Management and Team level 1.Engaged in improving the existing internal combustion engine technology2. Started making refinements to the existing technology 1. Team move to the course of action using hybrid technology. 2. Came up with around 80 alternatives. 3. Identified numerous problems heat, reliability, noise, and cost. 4. Narrowed the list to four models. 5. After endless fussing and tweaking, the team finally reached 66 miles per gallon the 100% mileage improvement. 1. Team has started putting efforts towards with second and third generation Prius.2. Redesigned the model for making it more appealing to the consumers. merchandising /Sales Team 1. Identification of the growing oil prices. 2. Identification of Growing middle class around the world. 1. Raised the concern that Premium price for the hybrid would make it impossible to sell. 2. Challenged with building consumer technology awareness. 1. Devised new marketing ways to cut down dealership costs in US. 2. Devised new ways to boost the sales through internet, relied on grass-roots marketing, and public relations events.

One of the principle aims of the Children Act

one of the principle aims of the Children spotOne of the principle aims of the Children Act 1989 was to ensure that more attention was paid to the babys voice.critically examine to extent to which this aim has been achieved.IntroductionBridgeman and Monk argue that the development of sister impartiality is becoming progressively more distinct from family law. In their take this development can be beneathstood as a reflection of the influence of s meetrrens rights and feminist positions of the law that have encouraged a tike centred focus where babyren be non simply seen as family persons besides as individuals in their own right (Bridgeman and Monk, 2000, p. 1), a point reiterated by Muncie et al. who point to the perception of rights of children as now existence considered as distinct from the rights of the family as a whole (Muncie at al., 2005).The Children Act 1989 which came in to force on 14th October 1991 was annunciate as the most important legislation pertai ning to children in living memory. Lord Mackay called itthe most comprehensive and far reaching form of child law which has cope earlier Parliament in living memory.Prior to the Act the law relating to children in the UK had been driven by a plethora of divergent pieces of legislation, melt downing to immense complexity and inconsistency. Although European law has come to an increasing level of prominence in domestic law, in practice the Children Act remains the single muniment most referred to (Prest and Wildblood, 2005, p. 311).The strength and scope of the Act have been reflected by the considerable body of shimmy law that evolved in a relatively short head of time.The Act fulfilled two functions as highlighted by AllenIt brought together all the existing law under the umbrella of one piece of legislationThe Act acknowledged the limits of the law in family relations. musical composition it was seen as a land mark piece of legislation, it did not contain a magic formula to push-down list with family problems.(Allen, 2005, p.1).The main thrust of the Act was to enable all those involved with the c ar of children to further their outperform interests whether living with their families, in local authority care or in respect of protection from abuse.Private and Public rightThe private legislation relating to childrens law does not concern public bodies. It refers to issues that are mingled with individuals, usually family members.The public law relating to children concerns legislation pertaining to intervention by public authorities. This encompasses voluntary agencies as well as social operate. The State is typically a party to proceeding.Purpose of the ActIt was also hoped that through the Act children would fabricate more central to proceedings concerning their welfare and would be given a easily stronger voice. womens rightist analysts have questioned the effectiveness of this, arguing that the law is often give at protecting the interes ts of adults than children.Common rectitude Before the ActHistorically, in normal law paternal rights were traditionally with the tyro in the case of legitimate children. It was not until 1886 that m new(prenominal)s were given guardianship under the Guardianship of Infants Act and the welfare of the child was to be taken into account when hearing rough(prenominal) claim.Developments in this area of the law truism an increasingly important go through given to the welfare of the child. This evolved into the novel idea of paramnountcy, enshrined in the 1989 Act.The Law Leading to the ActBefore the Act there were a number of different aspects of childrens law, described by Allen as chaotic in its character (Allen, 2005, p.3). The law relating to children had evolved in a somewhat haphazard way, and was becoming increasingly difficult for professionals to interpret. In 1984 a comprehensive review was undertaken in an attempt to integrate the law.The White Paper published in 198 7, The Law on Child care and Family Services, stated that government proposals would involve a major overhaul of child care law intended to provide a clearer and fairer framework for the provision of child care services for families and for the protection of children at risk.1Scope of the ActThe Act covers m all areas including pre-school day care, child protection, local authority provision for children, the care of children in independent schools, children involved in fall apart or custody proceedings, children with disabilities, child patients in long stay hospitals and children with learning difficulties (Hendrick, 2003, p.196-107).Intrinsic to the legislation were four main principles(1)The paramountcy principle this was not really a new idea but added considerable weight to ideas about child welfare, making it clear that this was always to be paramount in all ends. This manoeuver principle has, however, been criticised in some quarters because of its vagueness.The childs welfare is the paramount consideration in respect of(a)the up delivery of the child(b) the administration of a childs property or any income arising from it (s 1 (1)).2(2) A checklist was introduced to assist mashs in applying the welfare principle when considering certain categories of club.(3)The delay principle which states that proceedings should be expedited with minimum delay as any such delay is regarded as being to the childs disadvantage unless proven otherwise (s 1 (2))3.(4) Intervention by the State in the life of the child or the childs family should only occur when it could be shown that on balance the bringing of proceedings is likely to be in the best interest of children. This is the no order principle where no order shall be made unless it is considered to be better for the child than making no order at all.4 slightly new concepts were introduced. One of the main ones was parental responsibility. This emphasised the rights of parents in the context of their paren tal responsibility. If parents exercise their responsibility with the necessary level of diligence, certain rights in law are afforded, in effect promoting parents as authority figures. The Act also saw something of a swing back in emphasis to parents as opposed to the state being responsible for their children. Parents could only relinquish their responsibility to their children through formal, juristic adoption. The term accommodation replaced voluntary care meaning, in effect that local authorities would care for children on their parents behalf only until such times as they could hook on their proper role (Eekelaar and Dingwall, 1989, p.26).Parental ResponsibilitiesThe Children Act gave courts wide ranging and flexible functions to regulate the exercise of parental responsibility, introducing some sweeping changes in this area.The Childs WishesOne of the central ideas was that the childs wishes be taken into consideration, to a level which was appropriate in any proceedings. The issue has arisen in relation to care proceedings, medical examination treatment and so on. In the case of local authority accommodation, there is a clear distinction in law between children over and under sixteen familys old. The Children Act provides that neither the parental right of objection not the parental right of removal applies where a child of sixteen agrees to being provided with accommodation.5This was tested in Re T (Accomodation by Local Authority)6. A seventeen year old lady friend had been informally accommodated by friends, an arrangement which she desire to formalise so that both parties would be eligible for benefits under section 24 of the Act which would stop when she reached age 18 otherwise. The director of social services ref apply this take taking the view that her welfare was not likely to be seriously prejudiced if she were not accommodated. This decision was quashed at court, the judge taking the view that social services had no way of ascertaini ng her future needs and there was no way of establishing whether the local authority would continue to exert the discretionary power it had done up to this point.The issue of the childs wishes is a much more contentious area when younger children are involved. Some very affectional case law, particularly in respect of medical arrangements and treatments, has developed in this area.The childs age should be taken into consideration when making any decision, but this is dependent on the individual child concerned . It is well recognised that children have the capacity to engage in acts and make decisions which can be dependent on chronological age or the attainment of a level of maturity beyond the chronological age. Precedent concerning a childs age was starting line established in the land mark case of Gillick v. West Norfolk and Wisbech Health Authority7.The Gillick CaseIn 1980 The Department of Health and Social auspices asserted that, while it would be most unusual, it would be lawful in some component part for a doctor to give contraceptive advice to a girl under sixteen without prior consultation with her parents. Victoria Gillick, a parent with strongly held religious views, sought assurances that none of her daughters would receive such advice.Her claim was ultimately rejected by the House of Lords, the decision coming to be known as Gillick competence. Lord Scarman proposed that a high level of registering would be required, extending beyond the medical issues.Lord Scarman notedIt is not enough that she should understand the nature of the advice which she is being given she must have sufficient maturity to understand what is involved.Critical was the question in respect of whether, once a child has reached a certain level of maturity, whether in chronological or maturational terms, the rights of the patents to be involved, should be terminated or should co-exist with the childs.The Gillick decision was contrary to popular opinion and controversial . When faced with the dilemma of Gillick competence again, the courts adopted a somewhat different view. Later case law served to muddy the waters and adolescents were not given clear advice over their right to reach decisions for themselves in the event of family disputes or other issues.Re R8 concerned the competence of adolescents to refuse medical treatment.R was a fifteen year old girl who had been suffering from mental illness which had caused her to be hospitalised under the Mental Health Act. At various times during the course of her treatment she was regarded as being a suicide risk. The unit in which she was hospitalised used sedatives as a last resort as part of the treatment regime. The hospital said that they would not retain R in hospital unless she were brisk to engage in treatment, including taking sedatives.They put this to the local authority who had parental responsibility for R. The local authority initially agreed to the hospitals request but, following convers ation between R. and a social histrion, withdrew its consent. R indicated to the social worker that the hospital were trying to give her drugs which she neither wanted nor needed. The social workers opinion was that R. was lucid and rational during the conversation, an assessment subsequently confirmed by psychiatric evaluation. The authority made R. a ward of court to finalize the argument. This is demonstrative of the responsibility to make the childs voice heard, through the consultation process, a responsibility placed on local authorities by the Act.The solicitor acting as guardian ad litem argued that, where a child has capacity to withhold consent to treatment based on sufficient understanding, any parental right to give or withdraw consent terminated.Lord Donaldson reopened the whole discussion in respect of the relationship between a capable minors capacity and a parents right to consent on a minors behalf.The romance of Appeal upheld the decision of Waite J., that R. failed the test of competence and that, in her best interests, the treatment should be authorised.The most substantial issue was whether the court had the power to over rule the decision of a competent minor. The court held that such an ability existed because the Gillick principles did not have effect in wardship proceedings. It was argued that the court had wider powers than those of normal parents, being derived from the Crown. The court saw no yard not to override the wishes of a competent minor if it believed that to be in the childs best interests.The judgement demonstrated that the finishing of the welfare and the Gillick tests could lead to different results.The courts power to override the decision of a minor were again illustrated in Re M. (Medical Treatment Consent)9. A fifteen year old girl needed a heart transplant to save her life but refused to give her consent. Her reasoning was that she did not want to have some one elses heart and did not want to have to take me dication for the rest of her life.In the solicitors notes taken at interview, it could be clearly seen that she had considered conservatively her decisionDeath is final I know I cant change my mind. I dont want to die but I would rather die than have the transplant and have someone elses heart, I would rather die with fifteen years of my own heart.While acknowledging the gravity of overriding M.s decision, and the associated health risks, the operation was authorised.Children in CourtEnglish law has not traditionally given minors right of image in legal proceedings, but this was one of the main issues that the Children Act 1989 sought to address. The usual procedure has been for courts to require welfare reports in respect of children rather than to elicit the views of children themselves or of other interested parties or representatives.The Children Act considerably changed that nature of representation for children in public proceedings in court. In care proceedings the Act cr eated the presumption of the appointment of a guardian ad litem (Childrens guardian). The child will also automatically be party to the proceedings.Childrens guardians are individuals who are required to have a thorough knowledge of both social work and child law. Their role is to ensure that the court is fully advised of the relevant facts which relate to the childs welfare and that the wishes and feelings of the child are clearly established.10 Their role is to be proactive in its nature and ensure that the wishes of the child are given their due weight in the proceedings.The issue in respect of private law is markedly different with children rarely being be in this context. These are generally in relation to divorce and while welfare reports are submitted on occasion, this is not often the case, simply because of the volume of these types of proceedings. misuse to childrenOne of the main purposes of the Children Act was to ensure that children be protected from harm.Newham capi tal of the United Kingdom Borough Council v. AG11. reflects the difficult choice with which the courts are often faced regarding whether it is better for a child to stay with members of his/ her elongated family or other, outside carers. In Newham the Court of Appeal held that placing the child with grandparents would be unsatisfactory as they would be unable to protect the child from the serious risk that was posed by the childs mother who suffered from severe schizophrenia which manifested itself in her inability to look after the child and to give way her.The test case for the risk of significant harm is Re M. (A minor)( contend Order Threshold Conditions).12 A father had murdered the childrens mother in present of them, after which they were taken into emergency protection. The father was convicted of the mothers murder and was sentenced to life imprisonment with a recommendation that he be deported to Nigeria, his home country, on release. Three of the four children were pla ced with Mrs W., the mothers cousin, but she felt unable to cope with the youngest child, M. who was placed with a temporary foster mother. Eventually Mrs W. wanted to offer M. a home with his siblings. The father sought to influence the decision from prison, as he was M.s biological father. The local authority, the guardian ad litem for M., and the father all wanted a care order to be made for M. outside the extended birth family.Bracewell J. made the care order in the first instance but the Court of Appeal favoured Mrs W., substituting a care order in her favour. The question for the courts was whether, in considering if a child is suffering from significant harm, is it permissible to consider the situation when custodial measures were introduced, or does this test have to be satisfied at the time of the hearing at which the application is being considered. At the time of the hearing M. was no longer suffering, nor was he likely to suffer significant harm because, by this time, h e was being in good order looked after and the danger had passed.The House of Lords held that there was jurisdiction to make a care order in these circumstances. Lord Mackay argued that the court was entitled to have regard to the full length from the protection to the disposal of the case. Brackwell had been entitled to, and indeed correct, to look back to the time when the emergency protection was taken. She had been entitled to infer that, at that time, M. had been for good deprived of the love and care of his mother which constituted significant harm. The care given by the father was not what could reasonably have been expected from a parent, although it could reasonably be argued that the anger and violence was directed to the mother rather than M. The only limitation in the process of looking back was that the initial protective arrangements had remained continuously in place. Lords Templeman and Nolan pointed out that to restrict evidence to that which was available at the h earing could mean that any temporary measures which removed the risk could preclude the court from making a final care order which could not have been Parliaments intention.Separated FamiliesContactA great deal of case law relates to families where divorce or separation is a factor. Section 8 of the Act deals with the sink in orderan order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other.13The contact order has become very important in the sphere of childrens law as it is the most common type of order made. Men, who tend not to be the residential parent in cases of divorce, are increasingly applying for contact orders with their children.Payne v. Payne is one of the leading cases in respect of contact. The mother, originally from New Zealand wanted to light there with the couples four year old child following her divorce. Mr Payne argued that, to allow the mother to remove the child from the country, would infringe his right to contact, and that this incursion would be contrary to the principles of the Children Act 1989. The Court of Appeal argued that the childs happiness was bound up in the happiness of the mother , the primary carer, and any move to separate them might be that her unhappiness, sense of isolation and depression would be exacerbated to a degree that could well be damaging to the child.The judgement in Payne v. Payne was not a denial that the father had a right to contact. It was a demonstration of the application of the welfare principle, protecting the best interests of the child which were, in the courts opinion, inextricably linked to the mother. The decision makes clear that contact is a qualified right which will always be superseded by the welfare of the child.PaternityThe paramountcy principle has been criticised as being too limited in its scope. Where the issue of paternity has come before the courts it has been held that this only has an indirect impact upon the childs upbringing and so falls outside the scope of the test. Freeman has argued that since maternity is rarely in doubt, this stance in respect of paternity allows men to shirk to some degree their paternity in the English Legal system (Freeman, 2000, p.33).Foster ParentsWhile the law relating to children has always had scope in respect of biological families, this is clearly extended to foster parents by the Children Act. The term foster parents covers a variety of care arrangements, but is most usually thought of as parents who look after children to whom they are not related. The main distinctions in foster care arrangements are in private or local authority arrangements and short and long term rearing arrangements.Arrangements and case law have shown that foster carers will not automatically be afforded parental responsibility, legal steps must be taken before this can happen.In Gloucest ershire County Council v. P14 the childs guardian ad litem persuaded the court that a residence order in favour of the foster parents, rather than an order freeing the child for adoption or residence order in favour of the extended family, would be appropriate. A majority of the Court of Appeal held that the Court did, in fact, have the power to do this even though the foster parents had cared for the child for less than three years.More than one childProblems with the paramountcy principle have occurred when there is more than one child and their interests appear to be at odds. In Birmingham CC v. H15 the case concerned a mother, herself a minor, and her child. It was believed to be in the mothers best interests to maintain some contact with her baby as she may self harm otherwise. It was not held to be in the best interests of her baby. The law said that the interests of both was paramount. The House of Lords held that it was necessary to identify the child who was the subject of the application and make their welfare paramount, in this case the baby. This logic has been apply in subsequent cases on this egress when the interests of siblings have been thought to be in conflict.ConclusionIt is generally agreed that the Children Act represents a consensus among interested parties, notwithstanding of course for children, who were not consulted (Hendrick, 2003, p.198). The concept of welfare or best interests of children reflects a desire to protect children. Some theorists have argued that because the input of children into changes in the law has been neglected, the law may be ineffective in protecting them from harm which may be very different from the harm and pain felt by adults (Bridgeman and Monk, 2000, p.7).Some aspects of the Act have been problematic. The paramountcy principle has been very difficult in both a practical and an ethical respect. There is considerable tension between a childs welfare and a childs voice. The weight of the law is given to the former but many argue that the childs opinion and wishes should carry more weight than they do at the moment. There are also, as has been seen, questions concerning when the childs wishes should supersede those of his/ her parents and be respected as valid in their own right.The law in relation to children has seen more change in recent years but the Children Act still has considerable force in practice. While there has been increasing emphasis placed on childrens individualism, autonomy, capacity and competence (Hallett, 2000, p.389), it has been seen that it is often the case that no matter how lucid or mature a child appears to be, the courts have been reluctant to allow the child to have a full voice in issues of a serious and life changing nature. The complex nature of families and their increasingly diverse nature in society means that these difficult issues will probably become more, rather than less complex in their nature and present themselves with a greater degree of frequency.ReferencesAllen, N. (2005) Making Sense of the Children Act 1989. Chichester John Wiley and Sons.Bainham, A. (1990) Children The New Law. Bristol Jordan issue Ltd.Bainham, A. (2005) Children The Modern Law. Bristol Jordan Publishing Ltd.Bainham, A., Day-Sclater, S. Richards, M. (Eds)(1999) What is a Parent? A Socio-Legal Analysis. Oxford Oxford University Press.Bridgeman, J. Monk, D. (2000) Reflection on the relationship between feminism and child law in J. Bridgeman D. Monk (Eds) Feminist Perspective on Child Law. capital of the United Kingdom Cavendish Publishing.Corby, B. (2002) Child Abuse and Child Protection in B. Goldson, M. Lavalette and E. McKenchie (Eds) Children, Welfare and the State. London Sage.Eekelaar, J. (1991) Parental Responsibility State of nature or nature of state? Journal of Welfare and Family Law, 1, 37-50.Eekelaar, J. and Dingwall, R. (1989) The Reform of Child Care Law A practical Guide to the Children Act. London Routledge.Farson, R. (1978) Birthrights. London Penguin.Fortin, J. (2003) Childrens Rights and the Developing Law. London Reed Elsevier.Freeman, M. (2000) Feminism and Child Law in J. Bridgeman D. Monk (Eds) Feminist Perspective on Child Law. London Cavendish Publishing.Gibson, C., Grice, J., James, R. Mulholland, S. (2001) The Children Act Explained. London The Stationery Office.Hallett, C. (2000) Childrens Rights Child Abuse Review, 9, 389-393.Harris, P.M. Scanlan, D.E. (1991) Children Act 1989 A Procedural Handbook. London Butterworths.Hendrick, H. (2003) Child Welfare Historical Dimensions, Contemporary Debate. Bristol. The Policy Press.Herring, J. (2004) Family Law. London Pearson.Hoggett, B.M. (1987) Parents and Children The Law of Parental Responsibility. London Sweet and Maxwell.Horwarth, J. (Ed)(2001) The Childs World Assessing Children in Need. London Jessica Kingsley Publishers.Masson, J. (1990) The Children Act 1989 Current Law Statutes Annotated. London Sweet and Maxwell.Muncie, J. Wetherall, M., Dallos, R. Cochrane, A. (Eds)(1995) Understanding the Family. London Sage.Prest, C. Wildblood, S. (2005) Children Law An Interdisciplinary Approach. Bristol Jordan Publishing Ltd.White, R., Carr, P. Lowe, N. (1995) The Children Act in Practice. London Butterworths.Wyld, N. (2000) The Human Rights Act and the Law Relating to Children. Legal Action, September, 17-18.1Footnotes1 Family Law Review of Child Law (Law Com No. 172, 1988), para 2.4.2 There are some exceptions to the paramountcy rule.3 The delay principle is a general principle not an absolute one. There are circumstances in which a planned and purposeful delay may be in the childs interests.4 This is consistent with the main philosophy that there should be minimum intervention in family life and that parents should exercise responsibility for their children.5 Section 20 (11).6 1995 1 FLR 159.7 1986 AC 112.8 Re R (A Minor) (Wardship Consent to Treatment) 1992 Fam 11.9 Re M (Medical Treatment Consent) 1999 2 FLR 1097.10 Children Act Advisory Committee Annual Report 1992/1993 (Lord Chancellors Department, 1993) at p.14.11 Newhan Borough Council v. AG 1993 1 FLR 281.12 RE M (A minor)( Care Order Threshold Conditions) 1994 3 WLR 558.13 Section 8 (1).14 Gloucestershire County Council v. P 1999 2 FLR 61.15 1994 1 FLR 224.

Contract of a Mortgage

Contract of a MortgageIntroductionA mortgage is a contract between two parties whereby the mortgagor uses his land as security for a loan from the mortgagee. In return for the creation of a proprietary interest in the land for the mortgagee, the mortgagor receives a loan and based on the terms of the mortgage has to pay the full sum owed. In the event that the mortgagor defaults on payment, the mortgagee is entitled to contain stubbornness of the mortgage property and rec everywhere the full sum owed by the mortgagor usually through the cut-rate sale of the property and by suing on the bargain to pay the full sum due. dump and Marg art entered into a mortgage contract with practice aver whereby their matrimonial home was used as security for the loan. As Jack has fallen into arrears with regard to the mortgage payments, interpretation aver is now assaying to recover the full sum due under the mortgage.Mortgagees RightsThe mortgagor essentially has the cumulative goods1 to sue the mortgagor on the covenant to repay based on the mortgage contract2, to take self-denial of the mortgaged property, to initiate and complete sale of the mortgaged property, to exercise foreclosure and to ap organise a receiver. In this task we are only concerned with the mortgagors right to possession as Margaret and Jack are resisting possession. By virtue of the way in which legal mortgages are created, the mortgagee is regarded as having an estate in land and this along with the authority of Four Maids v. Dudley Marshall3 and Ropaigelach v Barclays desire4 gives training Bank the immediate right to possession the moment the ink is dry on the mortgage.5 The right to take possession is subject only to self limit point as expressed in contract and statutory restrictions. Mortgage documents generally contain a covenant that would restrict the mortgagee from taking possession unless the mortgagor is in arrears, it appears that an argument for self limitation covenants would fail. With regard to statutory restrictions on the right of possession a mortgagor, protection for the mortgagor is afforded by ingredient 36 of the Administration of Justice Act 1970 (AJA) as amended by Section 8 of the AJA 1973. By virtue of section 36 of the AJA the court is granted a discretionary power to suspend, adjourn or postpone an application for possession of a dwelling house by the mortgagee if it appears that the mortgagor would be probably in a reasonable period of time to pay any(prenominal) sums due under the mortgage. Whether or not Margaret and Jack green goddess resist possession by virtue of section 36 would depend on whether or not they satisfy the limitations of the effect of the statute. There is no dispute as to whether the mortgaged house in question is a dwelling house however the incidents of the case seem to doom that as Reading bank did not put on for a court order6 and instead sought self help7 as the bank merely wrote to Jack and Margaret. It should be noted that when seeking self help possession Reading Bank runs the risk of committing criminal offences if thither should be any person lawfully residing on the premises at the time as they are subject to Section 6 (1) of the Criminal Law Act 1977 (if violence was used or had been threatened to be used). However the facts are silent, if Reading Bank did in fact apply for a court order Margaret and Jack will be able to rely on section 36 of the AJA and they would overhear to prove on the balance of probabilities that it is likely that the arrears will be cleared within a reasonable period8 in order to satisfy the court. Application of section 36 is not necessarily a negative outcome as mortgagees do not want possession or the expense of a sale. A possession order under section 36 gives the mortgagee all it could ask for an order for possession, albeit suspended and an order requiring the borrower to repay the arrears and to stick to a register for future payments.9 The di scretion as to whether to apply for a court order or not is left to Reading Bank.Undue InfluenceAs a mortgage is essentially a contract and the presence of any vitiating factors such as undue operate or misrepresentation may make the accurate sympathy void and thus unenforceable. The court of appeal in Bank of Credit and Commerce International S.A. v. Aboody10 set out the categorization of cases undue influence into either coterie 1 of actual undue influence whereby one party to the movement shtup prove on the facts that the opposite party to the movement exerted undue influence through an act openly carried out amounting to improper pressure. And class 2 of presumed undue influence11 which arises when the complainant is able to establish the existence of a relationship of avow and confidence between her and the wrongdoer of such a nature that it is fair to presume that the wrongdoer abused the relationship in procuring her agreement to enter into the impugned transaction12 In order to resist possession Margaret would close to likely attempt to argue that undue influence had in fact been exercised. The burden of verification for undue influence lies on the claimant throughout13. Margaret would have to prove undue influence, either actually or with the benefit of an evidential inference (a assertion), which remains un-rebutted. As class 1 cannot succeed the burden of proof would be on Margaret to rely on class 2 in that of the presumption of undue influence. Royal Bank of Scotland v Etridge (No.2)14 indicates that in order to pink slip the burden of proof, the victim has to show that in that location was a relationship of trust and confidence with the alleged wrongdoer and that there exists a transaction that calls for an explanation.15 Applying the requirements of Etridge (no.2) for class 2 presumed undue influence to the facts of the case, it would be necessary for Margaret to prove that there existed a close relationship of habitual trust and c onfidence between and Jack (the alleged wrongdoer) and herself. On the facts it appears that Margaret reposed trust and confidence16 in Jack, the fact that for a great many years Margaret was a housewife face lift five children seems to indicate that Jack would be left alone to manage the financial decisions of the household as well as the company. On the assumption that Jack was in fact in control of the financial decisions it would appear that he would have a sufficient position of power to abuse his influence over Margaret as is evidenced by his actions of persistently pressuring17 her into signing the mortgage despite her obvious reluctance to re-mortgage the house which clearly indicates a betrayal of trust by seeking to fulfil his own interests.18 When considering the transaction that calls for explanation it is submitted that it would be left to the discretion of the courts, the judgment could go either way. On one hand it can be argued the transaction is plainly disadvantag eous to Margaret as she undertakes a serious financial obligation, and in return she personally receives nothing. On the other hand it can be argued that Jacks business is the primary source of the family income and Margaret would plebeianly benefit from having a lively interest in doing what she can to support the business. However the facts point out that Margaret was reluctant to agree to the transaction and only did so at a point where she was physically exhausted and sick of quarrelling. Jack had also deformed Margaret with regard to the actual sum that was to be borrowed, the amount was represented as 300,000 where else it was in fact for 500,000. It is submitted that in light of this it the courts would most likely infer that there was undue influence as the transaction will only be explicable on the basis that it has been procured by the exercise of undue influence by Jack. If the courts infer that Margarets respond has in fact been procured by undue influence or misrepre sentation, the bank may not rely on her apparent consent unless it has good reason to believe that she understands the nature and effect of the transaction. The burden of proof will be on the bank to rebut the presumption of undue influence. The Bank can rebut the presumption by producing an explanation for the impugned transaction19. Lord Nicholls in Etridge (no.2)20 indicates that this can be done if Reading Bank can show that Margaret obtained strong-minded advice from a solicitor or outside advisor21. In this case, the facts are silent as to whether or not Margaret obtained any independent advice. In the event that the Margaret has obtained independent advice it would be in the courts discretion as to whether or not the presumption can be rebutted. However if Margaret did not obtain independent advice it is submitted that the courts will most likely infer that undue influence had been exerted on Margaret by Jack tainting her consent with regard to the impugned transaction. If the courts in their discretion infer that undue influence had in fact been exerted then the onus of discharging the burden will be placed on Reading Bank. The judgment of Lord Browne-Wilkinson in Barclays Bank v OBrien22 appears to indicate that the wife would only be able to set aside the transaction on the grounds of undue influence if the third party had actual carte du jour of the facts tolerant rise to her equity. The decision in Etridge (No.2)23 indicates that the courts will only deem the mortgagee to have notice of undue influence in every transaction where the surety and debtor are in a non-commercial relationship and the loan made was not for the mutual benefit of both parties but instead for the doctor purpose of one. Applying the principles to the facts of the case at hand, Margaret and Jack are in a domestic relationship and Margaret is also listed as a director of the company. As aforesaid(prenominal) the courts will only be able to set aside the mortgage on the gro unds of undue influence if the Bank had actual notice of the facts giving rise to Margarets equity. The case of CIBC mortgages v Pitt illustrates a situation whereby the bank was misled by the mortgagor to believe that the loan was to purchase a holiday home, as it was for the mutual benefit of the couple the Bank was not put on inquiry. Jack sought the mortgage in order to expand his business and as same an argument for manifest disadvantage could go either way. Reading bank may argue that as Margaret was a listed director of the company they could apply CIBC v Pitt whereby the mortgagee was not put on notice as it was for their mutual benefit. However on the other side of the coin Lord Nicholls in Etridge (No.2) express In my view the bank is put on inquiry in such cases, even when the wife is a director or secretary of the company.24 This suggests that the fact that Margaret is a listed director on her husbands company should not thwart Reading Bank from being put on inquiry. T he argument for manifest disadvantage could go either way as Margaret has never played an active part in her husbands business and instead was busy raising her five kids and subsequently works as a nurse. There seems to be no way by which the bank can avoid being put on notice to discharge their obligations to prevent the transaction from becoming impugned. In order to avoid rendering the mortgage void due to undue influence Reading Bank is talk over to meet with the vulnerable party privately where by the extent and risks involved in the mortgage should be explained after which the vulnerable party should be instructed to seek independent legal advice in order to obtain a confirmation letter. A confirmation letter from Margarets solicitors acts as proof that Reading Bank has fulfill their obligations and responsibilities in ensuring that the vulnerable party has obtain independent advise. Proceeding with the mortgage after a solicitors confirmation letter has been obtained will m ake the mortgage about unaffected by any future pleas for undue influence. The facts of the case are silent as to whether or not Reading Bank has carried out its responsibilities in that of meeting Margaret privately and instructing her to seek independent legal advice to obtain a confirmation letter. In the event that a confirmation letter had been sought any plea for undue influence would be ignored and the Reading Banks rights would be unhindered. However if Reading Bank had failed to discharge their responsibilities and the courts inferred that undue influence had been procured onto Margaret then Reading Bank would not be entitled to possession as the mortgage would only be exercisable upon Jack. This would result in Reading Bank having to seek other remedies to realize the loan such as suing on the covenant to pay.ConclusionIt appears that a plea for undue influence would most likely succeed as Reading Bank has failed to discharge its duties and obligations such as ordering a private meeting and advising Margaret to seek independent legal advice. However the facts are silent, If Reading Bank failed to discharge their duties, the mortgage agreement would be deemed unenforceable25 on Margaret however Reading Bank would still be able to sue Jack on the covenant to repay based on the mortgage contract26. If Reading Bank did in fact discharge their duties and obligations they would be able to set aside the presumption of undue influence. This would allow Reading Bank to exercise its rights under the mortgage such as right to possession, right to sale, right to appoint a receiver, right to foreclosure and right to sue on the covenant to repay. With regard to right to possession Reading Bank would have the discretion as to whether to use apply for a court order or not as aforementioned the invocation of section 36 of the AJA is not necessarily a negative outcome, it all depends on what Reading bank really wants.