Saturday, August 31, 2019

Red bull Essay

Red Bull is a functional beverage founded by Austrian entrepreneur, Dietrich Mateschitz, in 1984. Containing ingredients such as taurine and caffeine, Red Bull beverages are specially developed for those who wish to be physically and mentally active. The various product variants under Red Bull aim to enhance performance, concentration and stimulate metabolism which improves the overall well-being of consumers. Red Bull is currently present in over 162 countries, and holds 65% of the worldwide energy drink market. With a witty slogan â€Å"Red Bull gives you wings†, the product is marketed through advertising, extreme sports tournament sponsorships, sports team ownerships, athlete endorsements, online games and a record label, Red Bull Records. However, in the fast progressing beverage industry cluttered with many substitutes and large competitors, Red Bull might face issues concerning its lack of product variability as well as arising health concerns with regards to its high caffeine content. In order to tackle these issues, we will first conduct a SWOT analysis to determine the internal and external environment which Red Bull is operating in. Secondly, we will conduct an in-depth analysis on Red Bull’s market structure and control systems to determine if these systems are effective complementing strategy implementation. Lastly, we will provide relevant recommendations to address the issues and problems faced by Red Bull in its strive expand and grow globally. 2.0 SWOT Analysis of Red Bull Strengths †¢ Market share leadership with approximately 65% market share in the energy drinks market. †¢ Strong reputation especially backed up by strong customer loyalty from Generation Y †¢ Strong brand identity since its incorporation in 1987 with steady growth into a market giant and is now synonymous with brand and product excellence. Weakness †¢ Small product base as Red Bull markets only 4 branded products (Red Bull Energy Drink, Red Bull sugarfree, Red Bull energy shot and Red Bull Cola), therefore vulnerable to market fluctuations †¢ Lack of product innovation thus being left behind when a number of new energy drinks have been launched in 2004. Opportunities †¢ Could diversify retail outlets and distribution network by means of capitalizing on vending machines as a new route to increase sales as well as keep up with industry trends. †¢ Potential to extend product lines by adding new products, such as new flavours, forms, colours, added ingredients and packages sizes. †¢ Marketing their products as functional drinks so as to capitalize on strong consumer awareness of its brand. †¢ Geographical expansion in the Asia Pacific regions by building upon developing markets such as India. Threats †¢ Imminent threat of new entrants as the energy drink industry has always been considerably attractive due to its high profit margin †¢ Near zero switching cost for consumers makes it even easier and more attractive for new entrants to capture market share †¢ Real threat of substitute products which serve the same functional purpose of Red Bull but main ingredient of caffeine replaced by electrolytes, which is a healthier choice. †¢ Government regulations could pose as a threat to the expansion and penetration plans of  Red Bull as their products is not just another flavoured beverage in the market; the high caffeine content in the drink has always been a concern to certain interest groups. †¢ Recent popularity with organic food and drinks products could eat into Red Bull’s market share, especially when Red Bull’s market is seen to be in the maturing stage. 3.0 Analysis of Red Bull’s Market Structure and Control Systems 3.1 Market Structure 3.1.1 The number of players in the Energy Drink Market  Red Bull belongs to an oligopoly market structure where the market is dominated by a few large players. The degree of market concentration is relatively high with a large % of it taken up by Red Bull. There are currently more than 30 types of energy-drink products in the market, with Red Bull occupying the largest market share of approximately 65%. With the number of players in the market, there is therefore certain degree of interdependence between firms and it is necessary for Red Bull to take into account the likely reactions of other firms during strategy planning. 3.1.2 The Degree of Product Differentiation in the Market Being in an oligopoly market structure, Red Bull produces branded products where advertising and marketing is an important feature of competition. The different types of energy drinks in the market serve as close substitutes to Red Bull. Hence, Red Bull presents itself as a premium product, having â€Å"a unique combination of high quality ingredients† (Red Bull, n.d.) which â€Å"vitalizes body and mind† (Red Bull, n.d.). It segments its market differently from its competitors, focusing on performance-oriented individuals who want to have a clear, focused mind and a fun and active lifestyle. This has resulted in Red Bull pricing its product higher than its competitors. For instance, an 8.4 fl oz. can of Red Bull retail for $2.59 whereas a 16 fl oz. can of Rockstar retails for $1.50, which constitute to about half the price per fl oz. as compared to Red Bull. 3.1.3 The Ease of Entry and Exit Into And Out Of the Energy Drink Market There are huge, though not insurmountable, barriers to entering the energy drink market. One prevalent barrier is brand loyalty which Red Bull has built up over the years. This strong brand loyalty has the effect of reducing consumer  consideration of alternatives in the marketplace. Also, the high initial capital cost associated with research and development prior to formulating energy drinks could deter potential competitors from entering the market. In addition, government policies pertaining to licensing and patents create the biggest barrier to entry, which aids in the dominance Red Bull enjoys today. 3.2 Marketing Control System In order to ensure that the company’s objectives are achieved, Red Bull markets its energy drink in three ways, namely the media advertising, sports and event sponsoring as well as sampling. The three marketing techniques not only increase the brand awareness of Red Bull, but assist the management in terms of market control. Additionally, Red Bull also performs control techniques in the following ways. 3.2.1 Intensive Research Work Firstly, Red Bull conducts on-going research to determine if consumers are satisfied with its product. This includes sampling to its primary target market – tired people who need energy. Through sampling, consumers are able to provide feedback on the product, essentially its taste, packaging and effects. If there is negative feedback received, Red Bull will then look for ways to improve so as to meet consumer needs. 3.2.2 Internal Statistics Secondly, Red Bull uses statistics such as sales, revenue and market share to assess if its marketing strategies are successful. Based on analysis, a total of 4,204 billion cans of Red Bull were sold worldwide in 2010, which signifies an increase of 7.6% against 2009 (Red Bull, n.d.). This can be one of the factors indicating that Red Bull is heading in the right direction in marketing its product. 3.2.3 Marketing and Pricing Strategies Thirdly, Red Bull employs advertising strategies that are suitable to its primary target market. Hence, at this moment, Red Bull does not need to adjust its strategies to change consumer perception. Nonetheless, if Red Bull has decided to introduce new uses for its product, changes have to be made to the advertising strategies to market the new uses. However, unlike most companies which adopt pricing strategies that involve adjusting the  product prices to meet market changes so as to remain competitive, Red Bull does otherwise. Consumer reviews state that Red Bull is being priced steeper as compared to other energy drinks in the market. Despite that, Red Bull continues to maintain its premium price as it has positioned itself as a premium product. 4.0 Solutions and Recommendations Q1. Red Bull should construct a market-oriented mission statement, focusing on customer needs rather than products. A product-centered mission statement is too myopic and does not reflect the long-lasting basic market need. Red Bull’s mission statement has to reflect the company’s core product, position in the market, distinctive competencies, and lastly, it has to be motivating. Our group proposal of Red Bull’s mission statement: â€Å"As a market leader, Red Bull promotes an active lifestyle by providing high-quality energy drinks to the global market, empowering our customers to live to their fullest potential and have the courage to achieve their dreams.† Q2. Red Bull has managed to identify the best target market. Red Bull has segmented the market as follows: Demographic segmentation Red Bull is targeting young teenagers to busy working adults. It targets students who often suffer from exhaustion, blue collared workers who require strength for their manual jobs, and office professionals, who require concentration to focus in meetings and their respective work. Psychographic segmentation Red Bull targets markets based on the consumers’ lifestyles. These consumers include party-goers, sportsmen and gamers. In terms of the personalities of the customers, Red Bull targets those who are able to connect with the brand image of Red Bull, which is to live with zest and lead a fun, happening and risk-taking lifestyle. Product – Red Bull does not have a wide variety of flavours – only original, sugar free, cola and Red Bull shot. The rationale for this is mainly to establish a clear core product. Furthermore, Red Bull is recognized as an energy drink that gives a strong and immediate energy boost to improve performance. In terms of design and packaging, a Red Bull can is small and easy to carry which is chromed, making it reflective and hence, it can catch a customer’s eye easily. As for recommendations, Red Bull could produce an alcoholic beverage of its own, which can be sold over-the-shelf in stores. This would be able to create new product that mixes Red Bull and alcohol. Thus, the non-party-goers can have a taste of an alcoholic Red Bull as well. Promotion – One of the most well-known activities that Red Bull has been involved in for many years is Formula 1. This is a form of above-the-line advertising done by Red Bull to increase consumer awareness of Red Bull. Other than that, Red Bull also engages in â€Å"Opinion Leader Marketing† by having more than 250 agreements with top athletes. This is to attract people who follow and look up to these athletes. Red Bull’s strategy of attracting celebrities to endorse their products is very unique because they do not pay the celebrities a single cent. Instead, they approach athletes who support Red Bull wholeheartedly. Q5. Red bull’s competitors come in two forms – direct and indirect. This is measured by how close these competing products are in relation to Red Bull’s. The direct competitors would be those who produce similar utility/functional products, such as Monster, Rockstar and Naughty G. Indirect competitors would be other drinks that are somewhat similar but do not give the same benefits as Red Bull. Examples would be Pepsi and Coke (caffeinated and soft drinks, but not energy drinks) and 100 Plus and H20(sports and soft drinks, but not caffeinated). Clearly indirect competitors are furthest away in terms of substitutability. Examples are Nescafe (caffeine only), Sprite (soft drink only) and Gatorade (sports drink only). Q6. Currently, we think Red Bull’s marketing strategy is already very successful. In relation to how Red Bull reaches out to ‘tired’ and ‘exhausted’ people by giving them free samples, we feel there might not be such a strong need to raise more awareness about the product as it has already established itself adequately. Instead, Red Bull can invest in product Research and Development, which might enable Red Bull to introduce more flavours and variety to its current line of products. Red Bull can introduce â€Å"limited edition† flavours, where they can bring in new flavours for a limited period of time, and then see how well the sales of the new flavours turn out to be before deciding to permanently add them to their product line. For example, Red Bull can come out with a product comprising of natural ingredients, such as Siberian/American Ginseng(natural alternatives to caffeine), or add in some vitamins like vitamin C to its existing products , which might capture more of the ‘health-conscious’ consumers. Furthermore, this might attract Asian consumers who prefer traditional/herbal ingredients. Control measures: Analysis of how the market share amongst Asian consumers is affected(look at sales, growth, etc.). Red Bull can also give free samples to consumers, just like how it does for its existing products through its Red Bull vehicles. Along with their free samples, they can conduct surveys on the consumers and ask for their feedback. Also, they can conduct online surveys, as the use of online social media is largely pervasive today. Red Bull can build a theme park comprising of extreme rides. It can aim to break the world records for the highest roller coaster drop or have the fastest ride. In this theme park, it can also provide complementary Red Bull drinks to its visitors. This will also be a great avenue for new flavours to be sampled. Such an extreme theme park would create much buzz all around the world, and people who visit the theme park will definitely share their extreme experiences with their friends. Thus, Red Bull would have come out with another form of its already famous buzz marketing. Control measures: By calculating the theme park’s return on marketing investment. Building such a theme park has a lot of fixed costs, like the costs of land and constructions. Hence, it is easy to calculate total cost. Furthermore, sales can also be easily calculated by simply looking the number of tickets sold. Therefore, it would be easy to calculate the theme park’s return on marketing investment. ​ Q7. Small Asian Businesses have relatively lower financial power as compared to big companies. They face difficulty competing with the big companies given similar products. To simply put it, they are the small ‘fishes’ regardless of the size of the market. Firstly, like Red bull, they can focus on a small product base and differentiate their products from the competitors’. They can identify the right market segments and target markets which have been relatively untouched and fit their products to be the most attractive for the consumers in their targeted markets. Like Red Bull, small Asian businesses should create an efficient Marketing Informatics Systems (MIS) and have an  appropriate mix of marketing research and intelligence, so that they are constantly able to discover new opportunities and cater to the needs of consumers, and at the same time be aware of their competitors’ strategies. Also, small Asian businesses can adopt Red Bull’s stealth marketing approach. This eliminates costs such as large scale advertising costs coming from big billboards or banners for example. Red Bull has also shown through stealth marketing that doing something unorthodox and not merely following what everyone else does can also lead to success. Therefore, small Asian businesses can draw inspiration from this and be creative and brave in their marketing strategies. References http://www.redbull.com/cs/Satellite/en_INT/Red-Bull-Energy-Drink/001242937921959 Drawert. http://www.drawert.com/red_bull_1.php

Friday, August 30, 2019

Dose Adjustment in Renal Disease

GENERAL APPROACHES FOR DOSE ADJUSTMENT IN RENAL DISEASE Renal insufficiency can markedly alter one or more of the pharmacokinetic parameters of a drug including oral bioavailability, volume of distribution, drug binding to plasma proteins, and most importantly the rates of metabolism and excretion, i. e. , drug clearance.. To minimize drug toxicity and maximize therapeutic benefits, it is often necessary to adjust drug dosage in proportion to the degree of renal insufficiency. A drug will most likely require dose adjustment in renal disease if: 1. A substantial fraction (> 40%) of the drug dose is excreted by the kidney either unchanged or as an active (or toxic) metabolites. 2. The drug or its active metabolite has a narrow therapeutic window such that drug accumulation cannot be tolerated. 3. The kidney is a major site for the inactivation of the drug. This applies mainly to peptides like insulin, glucagon, PTH, and imipenem. 4. There is a significant drop in the binding of the drug to plasma proteins. For instance, a decrease in the protein binding from 99 to 95% results in a fourfold rise in the unbound, active drug concentration. Dose adjustment may involve one or a combination of the following measures: 1. Extension of the dosing interval. 2. Reduction of the maintenance dose. 3. Administration of a loading dose. 4. Monitoring serum drug levels. FACTORS IN CHOOSING OF DOSE ADJUSTMENT APPROACH: Factors to consider when choosing appropriate dose adjustment approach are the class of drug ,the amplitude of the peak-trough fluctuation relative to the therapeutic index, magnitude of the dose with respect to the dose strength to be marketed and practicality of calculated dosing interval. Pharmacokinetic simulations can be especially helpful in visualizing the impact of various dose and interval changes and interval changes on the concentration time (C-T) profile at steady state. Reduced elimination of a drug prolongs its half life (t? ) as well as the time required for the serum level to reach a steady state (4 times t? ). Therefore, whenever it is clinically desirable to rapidly achieve a therapeutic steady state level a loading dose should administered. To maintain a therapeutic level and, at the same time, avoid drug accumulation and toxicity in a patient with reduced renal function, the clinician must consider reducing the size of the maintenance dose or the dosing frequency or both. In general, this reduction should also be proportional to the degree of renal impairment , but should also take into account adaptive or compensatory changes in the metabolism and excretion of the drug through non-renal routes. MAINTENANCE DOSE REDUCTION METHOD: The maintenance dose reduction method is used whenever a more constant (less oscillating) serum drug level is therapeutically preferable (e. . , ? -lactam antibiotics) Let us assume that one has already defined a safe and effective dose regimen for use in normal patients. This normal dose regimen is then adjusted according to dose fraction by two basic procedures. First method termed as constant interval, dose-reduction (DR) reduces the dose (D) by a factor of the dose fraction. Dose interval is the same as that used in the health person. D renal failure = D normal Kf t renal failure = t normal INTERVAL EXTENSION METHOD The second method referred to as constant dose, interval-extension(IE) extends dose interval by inverse of dose fraction, a value referred to as the dose interval multiplier : t renal failure = t normal (1/ kf) D renal failure = D normal This type of dose adjustment strategy may also be implemented through the use of a nomogram where the dosage interval multiplier for this IE regimen is simply read off a plot of creatinine clearance Interval extension method is used for drugs for which a constant serum level is either unnecessary (eg, vigabatrin) or undesirable (e. g. , aminoglycoside antibiotics). This method is also used for drugs that normally have long elimination t?. However, a combination of the two methods is often used. In addition, for a drug whose therapeutic serum level range is known and routinely measured, dosage adjustment is often guided by monitoring the serum drug level and the patient's response in terms of the therapeutic benefit and adverse drug reactions (toxic ity). Reference:: http://www. hedrugmonitor. com/RIT97. html http://books. google. com. pk/books? id=qXw33GaQF9IC=PA288=PA288=general+approaches+to+dose+adjustment+in+renal+patients=bl=IKsqNAp2nU=jglKfgGimUFQ_xBN9cGKPPRsC2E=en=CxbTStLaAo-QkQX1_N30Aw=X=book_result=result=7=0CCMQ6AEwBjgK#v=onepage=general%20approaches%20to%20dose%20adjustment%20in%20renal%20patients=false http://www. gbv. de/du/services/toc/bs/380847361 http://books. google. com. pk/books? id=9324ILATCgMC=PA288=general+approaches+to+dose+adjustment+in+renal+DISEASE#v=onepage=general%20approaches%20to%20dose%20adjustment%20in%20renal%20DISEASE=false

The Political Arena

A boiling hot international issue nowadays is the upcoming elections in the Philippines which will be conducted on May 10, 2010. The election itself is controversial enough because this time, there are ten presidential candidates, but what is really different about this election is that this is the first time that they will be having the automated elections. The Senate Bill No. 2231 states that the automated election system must be used to ensure transparency, accuracy and credibility.As the elections are drawing nearer, more and more intrigues are appearing. One, and perhaps the most worthy of worry, is the failure of the PCOS machines.2 Just five days before the elections, the testing of the machines produced wrong results. In the mock elections, there were five votes for a certain candidate, and five votes for another candidate. These ten votes were all counted for different candidates.Whether the makers of the machine and the administration, headed by the current president who ha s been accused of cheating in the last elections, are conniving for this, it remains a mystery. People are worried that there might be a failure of elections, and when this happens, the current president stays the president. It has been suggested to have a parallel counting, meaning that aside from the automated counting, there will also be manual counting. This proposal was rejected by the Commission on Elections.In the Philippines, there are many different groups and religions. Recently, they have announced their support statements. The Iglesia ni Cristo group announced that they will be supporting Senator â€Å"Noynoy† Aquino, the son of the late President Cory Aquino (their first woman president).3Senator Aquino made a statement saying that the Commission on Elections indeed denied their proposal because it might open more venues for frauds and protests.4The media, being the primary source for most people, definitely plays a big role in this event. They continue to publis h survey results, which almost always show that there are only two presidential candidates who are in a battle for the spot. Again, these surveys only show the majority votes in a certain area, but for some reason, they have the power to manipulate the voters.Some voters will change their votes because their first choice does not show good results in the surveys posted by the media. The media also consistently gives updates on the failure of the PCOS machines. Last April 29, 2010, there was an article saying that the Office of the President also stood behind the decision of the COMELEC, and this made the citizens wonder more if there is indeed a connection between the two groups.5There have been legal actions already, as the mentioned resolutions of the Senate to the COMELEC, but all have been denied. The reason behind this is most probably the connivance of the administration, the COMELEC, and the producers of the PCOS machines. For me, this is an important issue even though it is happening in a different country.This shows us the dirty game of politics, and if it is happening in the Philippines, it can happen to any other country, as long as there are corrupt and power-hungry officials. If their elections push through without failure, we will get to see a new era in the Philippines, but if there is a failure of elections, who knows what can happen to their country?Choosing the next leaders of a country should not be taken lightly, and amidst the issues happening in their country, there are people still hoping for the best results.Works CitedSenate of the Republic of the Philippines, 13th Congress, Senate Bill No. 2231, Automated Election System, filed March 15, 2006.Noynoy Aquino. http://www.noynoy.ph/v3/index.php.Senate of the Philippines Press Release May 4, 2010.COMELEC Rejects Parallel Manual Count, April 29 2010, Manila Bulletin.   

Thursday, August 29, 2019

Financial Costs of Diabetes Research Paper Example | Topics and Well Written Essays - 500 words - 3

Financial Costs of Diabetes - Research Paper Example Though the structure of the health expenditure survey is not useful for approximating nationwide complications and costs of diabetes, it can however give details of how diabetes has affected individual patients and their families economically. Diabetic patients have been using medical services more than other individuals diagnosed with another disease which makes their medical expense higher. This is especially with their medication where in some circumstances they are forced to use out of pocket expenses. In the year 2007, the economic cost of diabetes was estimated to be $174 billion in the United States of America (Javitt and Chiang, 2001). 116 billion dollars was the estimate of direct medical costs while 58 billion dollars was due to other expenses such as disability brought by diabetes, lost workdays and restricted activities in the health center. At an average, people diagnosed with diabetes use $11,744 annually, with $6649 being attributed to diabetes (Javitt and Chiang, 2001). Approximately 1/5 of health care dollars in the United States is used to care for individuals diagnosed with diabetes while 1/10 of health dollars is contributed to diabetes. People diagnosed with diabetes have higher medical expenditure compared to the rest of the population from health care statistics over the years (Javitt and Chiang, 2001). Diabetic patients and their families are not the only people who are affected economically by the disease but also the community or the society at large. Though they are affected indirectly, the impact is felt even at minimal. When patients are diagnosed with diabetes extra costs are required to cover for their medical care which means a percentage of health care for those who are not diabetic will have to reduce (Javitt and Chiang, 2001).

Wednesday, August 28, 2019

Grunert's Total Food Quality (TFQ) Model Aid Food Essay

Grunert's Total Food Quality (TFQ) Model Aid Food - Essay Example This research will begin with the statement that several attempts have been made to consumers’ perspicacity of food that has facilitated or prohibited the food choice, consumer attitudes and incentives for purchase/non-purchase for UK food firms in designing marketing strategies. According to subsist research, organic food is identified as food without ‘chemicals’ and ‘growth hormones’, that is ‘not severely’ produced and is grown as â€Å"unsophisticated†. People buy food mainly for health motives; in sight of being best for their children because of lesser pesticides and manure residues. Furthermore, very well taste being free from Bovine Spongiform Encephalopathy, genetic amendment and food additives are incentives for buying food. According to the Grunert’s Total Food Quality Model, the propensity towards augmented consumption of food can be correlated to a broader concern with regard to environmental issues. The major r easons that thwart consumers from purchasing food are: high price, be deficient in availability, gratification with conventional food, lack of reliance, the inadequate choice and paucity of perceived value. Although a number of consumers have shown curiosity in food, the food options of comparatively few people have been affected. Hence, expressed curiosity in food does not play a momentous role in food purchase and a disparity between positive attitude and behavior is evident. Thus, the acquaintance of consumers’ cognitive structures and their impact on the purchase decision will indeed shed light on consumers’ food purchases verdict that facilitates UK food firms in devising their marketing strategies. Economic theory has shown some confine in explaining the intricacy and multidimensionality of consumer activities. These bounds not only relate to the supposition of consumer rationality (that is utility exploiting behavior) and flawless information. The majority of ec onomic models use relative prices and disposable income or budget as illustrative variables of consumer deeds and treat every other sway (for instance social, economic and cultural factors) as cloaked or latent variables: quality inspection is one of them. The analysis of Grunert’s Total Food Quality Model guides United Kingdom food firms devising marketing strategies that how consumer attitude deals primarily with predilections and how predilections are formed in the mind of the consumer.

Tuesday, August 27, 2019

Black people appear disproportionately likely to be arrested and Essay

Black people appear disproportionately likely to be arrested and convicted of offences. Why is this so - Essay Example A. 2005). Recent methodologically sophisticated studies that investigated the relationship between race/ethnicity and sentence severity discovered that â€Å"race and ethnicity do play an important role in contemporary sentencing decisions. Black and Hispanic offenders—and particularly those who are young, male, or unemployed—are more likely than their white counterparts to be sentenced to prison; in some jurisdictions, they also receive longer sentences†¦than do similarly situated white offenders.† (Spohn, C. 2000). Research confirms that blacks are more likely to be stopped in traffic by the police, and black women are nine times more likely to be x-ray Institutional racism ed or subjected to intrusive searches by customs officers in airports. (Norris, C., Fielding, N., Kemp, C., & Fielding, J. 1992). Institutional racism can be defined as "the collective failure of an organization to provide an appropriate and professional service to people because of their color, culture or ethnic origin". (Stokely Carmichael) Figures for 2005 released by the home office indicate that members of black and minority ethnic  (BME)  groups were more likely  to be arrested, or stopped and searched, than  white people At a general level, all Black and Minority Ethnic (BME) groups have a higher account as users of the Criminal Justice System (CJS) when compared to their account as members of the population as a whole. This is especially true for black suspects and offenders. Black people experience a greater chance of being stopped and searched Modern day racism can take many forms, including racial profiling. Racial Profiling is â€Å"any police or private security practice in which a person is treated as a suspect because of his or her race, ethnicity, nationality, or religion.† As per the Police and Criminal Evidence Act (1984) stops can only

Monday, August 26, 2019

Being forgotten on Google Essay Example | Topics and Well Written Essays - 1250 words

Being forgotten on Google - Essay Example Google has been hauled in front of European data regulators on the issue of being forgotten. The concept has been established as a right to the status of international ‘universal’ recognition with respect to the right of access to existing information (Mayes, 2014). The controversy is partly due to the prevailing vagueness of current rulings such as the ECJ’s ruling concerning a Spanish man who sued a national newspaper website and Google Spain (Arthur, 2014). Concern emanates from the concerns on the impacts that such rulings portend in reference to another universal right – freedom of expression. An important aspect is the subsequent interactions with the right to privacy, in addition to whether creating the ‘right to be forgotten’ decreases internet quality through such steps as censorship or the rewriting of history (Fleischer, 2011). The firm entity under review – Google, Inc – has in the past followed through with this concept deleting data because of proof of copyright violations as well as in compliance with the Digital Millennium Copyright Act (Google Inc., 2014). Being ‘forgotten on Google’ has become one of the latest concerns in our information age where the freedom of expression, unregulated Internet and our desire to learn from and share on the Internet is greater than ever. Accordingly, in current modern contexts, an increase in internet use and daily application has become a way of life given the different avenues in which individuals are able to socialize regardless of the time and distance factors. Thus, it is understandable that without such technology and technological input life as it is would be quite different (Bernal, 2011). In the 21st century, computing and communication have become critical aspects on which daily interaction and socialization are based upon. In line with this aspect, current business enterprises are hence significantly influenced in terms of management,

Sunday, August 25, 2019

Regulatory and Economic environment Essay Example | Topics and Well Written Essays - 1500 words

Regulatory and Economic environment - Essay Example Based on the current exchange rate of RMB 8.28 yuan to one U.S. dollar, China is now the sixth largest economy in the world. Based on purchasing-power parity, it is the third largest economy after the United States and Japan. All this has taken place during a relatively short time. In fact, one can argue that true economic reform in China only started in the early 1980s.' - [M.W. LUKE CHAN, WENDY ROTENBERG] The Chinese economic environment had shown rapid progress during 1991-1997, it could be said that China experienced double digit GDP growth. However, from 1997 and so on there were economic crisis, yet, the Chinese GDP continued to grow at a rapid rate of 7.8%. Transparency and good supremacy have been the foundation issues observed in the post-crisis years, both in the circumstance of the 1997 monetary difficulties and the recent series of commercial scandals. This suits the accounting and audit profession where efforts have largely focused on "harmonizing standards" within APEC and ASEAN as well as for greater transparency and disclosure. The Chinese financial catastrophe showed that insufficient accounting practices and lack of transparency in financial information still prevail in the region. Usual accounting may no longer adequately reflect the necessary information from the position of regulatory and internal corporate control. Strengthening of accounting and auditing function to properly manage risks is one major task to make the private sector and government agencies competitive and free from corruption. In an internationalized economy, up-to-date accounting and auditing knowledge and skills are the basic institutional infrastructure for private enterprises as well as government agencies to promote good corporate governance and sound public management. The need for transparent information has been heightened, particularly in the situation of managing risks involved. Main challenges for the DMCs are to develop transparent and sound accounting practices to properly manage and regulate the private sector including banks. An overview of the economic framework in China: The economic system of China is based on the Interbank Lending Market, the negotiable instruments market and the Treasury bond repurchase market. Interbank Lending: A nationwide unified interbank lending computer network was put into operation on a trial basis on January 3, 1996. The interbank lending market was not integrated preceding this date. The establishment of unified interbank market helped in connecting all interbank markets through out the nation. Negotiable Instruments: A negotiable instruments market consists of commercial papers as their main instrument. Commercial paper activity started in China in 1981. Since 1981, commercial paper market developed gradually. The acceptance, rediscount and discount process of commercial paper has become standardized. Commercial bills are also another instrument used in China. It has increased drastically in the past few years. Also, the discount and rediscount maturities have increased rapidly providing the funding needs of the national industry development policies and credit policies to flow. Repurchase Transactions - Open Market Operations: The central bank got involved into the

Saturday, August 24, 2019

Decision Support Systems Term Paper Example | Topics and Well Written Essays - 1000 words

Decision Support Systems - Term Paper Example However, even after six months, many of the two million people made homeless still need and are waiting for the supports (Oxfam New Zealand, n.d). Pakistan frequently experiences natural disasters resulting in heavy casualties of life and wealth. The seismic risk is heavy in many major Pakistani cities like Karachi, Rawalpindi, and Islamabad. Poor constructions and lack of building codes enforcement lead to further loss of human life. Further, changes in demography and climate could lead to more damages (Pakistan 2005 Earthquake, n.d, 24) Decision Support Systems: Considering the extent of the devastation caused by the earthquake in Pakistan and the possibility of its reoccurrence in the future, it is necessary that certain strategy should be devised to reduce the deadly effects of these natural catastrophes. Here are some of the steps suggested for the concerned authorities to consider. Identifying the risk: It has been found earlier that there are greater chances of the places around the earthquake-affected area experiencing the tremors of the earth shake. Seismological monitoring does exist in almost every country but it should be modernized. After the recent quake efforts should be made to make new seismic risk analysis in Pakistan. A combined assessment of the potential risk to human lives, infrastructure, and the economy should be made. The authorities in the areas prone to the earthquakes should be made aware of these hazards and instructed to strictly follow the construction rules. In the future development plan, the areas of the earthquake should be shown clearly. Also, there should not only be the seismic recording machines, but there should also be early warning systems. The experienced scientist should closely monitor these systems. The time of warning before the actual occurrence of the disaster should be long enough for the government to take preventive actions like the removal of people from the area of the potential disaster. These early warning systems should be maintained properly and from time to time should be checked for the consistency (Pakistan 2005 Earthquake, n.d, 25) Responding to the Earthquake: A national disaster strategy should be made and implemented. At the time of disaster, there should be close coordination between the national authorities and the local authorities. After the disaster, the local community is generally the first responder. Hence the locals in the disaster-prone areas should be given the training to tackle the emergency situations. They should be trained to protect themselves and also protect others (Pakistan 2005 Earthquake, n.d, 24). The local authorities also should be made competent enough and trained to face such emergency situations. The NGOs should be encouraged to get involved in the emergency, at the earliest. The local community, the NGOs, the local authorities and the national authorities, all should be made to work in tandem without creating unnecessary hassles in the emergency situation. Â  

Friday, August 23, 2019

Successful person interview Essay Example | Topics and Well Written Essays - 1000 words

Successful person interview - Essay Example He goes on to add that there has been a general misconception concerning work, that placing family in a place of importance in one’s life hinders their growth in terms of career. He states that when family is in the right place in one’s life, they are happy and content thereby proving a good working environment for them and support whenever it is necessary. This view, is in live with one of Carvey’s 7 habits of highly effective people that states that they must be able to put first things first. He further explains the concept by looking at his life, stating that even before he became a diplomat, he was already a successful man. He explains how his nomination took place, stating that he did not apply for the job, rather his qualifications and diligence put him in a position of recognition and thereby the appointment, what he called the elevation. When asked what he did to be successful, he failed to answer that question, saying that it purported the wrong idea that he was working towards success, rather, he corrected it, to why he was successful. To this, he answered that he was successful because he had applied himself to wisdom and diligence in his work, choosing integrity over corruption and excelling in the little things he did thus achieving success way before anyone thought him to be successful. He further added that he chose to take the high road that involved tough times and hard days of work, persistence in doing what was right and above all prayer. Further asked whether he was a religious man, he said that he was not, rather he was a Christian. Interested in what would cause a man to make such bold statements, I asked him whether he truly believed that his Christianity had anything to do with his success. To this, he answered that it did not have anything with it; rather, it had everything to do with it. He added that even if he knew that that downplayed his role in his success, it did not matter because, it was the truth. He

Thursday, August 22, 2019

Computational Fluid Dynamic Assignment Example | Topics and Well Written Essays - 2750 words

Computational Fluid Dynamic - Assignment Example It can be used by architects to produce 3D models of their buildings, by engineers to model the production of their outputs and also by designers to improve the aerodynamics of the cars. a. Please list the governing equations of fire simulation and explain the physical meaning of each equation. To solve the equations, do we need to consider boundary conditions? Give three typical boundary condition examples. b. Explain the reasons why CFD codes are written in low speed solver and high speed solvers. A student is simulating an object flying at a velocity of 290m/s in the air using FDS6. Can this student obtain acceptable results and why? (7 marks) The reason why CFD codes are written in low speed solvers and high speed solvers is because the simulation and analysis of the of the flow models is dependent on a number of factors which include the geometry of the model, the size, the velocity and the mesh size of the model. FDS6 solver cannot be used to simulate an object flying at a velocity of 290m/s in the air since this is a relatively high speed and the FDS6 solver is only designed for low speeds making it unsuitable. c. What is background pressure used in FDS? Can different rooms have different background pressures? Please explain using a formula and define two pressure zones using FDS input instructions. (6 marks) The background pressure component can be said to be the background pressure component that is assumed to be applied to the whole domain of computation. A single department assumption was made in the old versions of FDS while new versions of FDS5 make the assumption that the background pressure of the whole system is not the same throughout the whole computational domain but it rather differs from one compartment to the other (Ferziger and Peric, 2006). The value of the pressure can be estimated by decomposing the above equation into perturbation and the background pressure. If one of the volumes of the computational domain is

Perinatal Factors and Schizophrenia Essay Example for Free

Perinatal Factors and Schizophrenia Essay In considering the various statistical tests, the studies have based their analysis on the total population and basically by looking at the factors that encourage the occurrence of Schizophrenia among the offspring following from the effect of these factors on the parents. That is, the factors that are likely to affect the genetic composition that is inherited by the offspring in causing schizophrenia. Various statistical tests were used that include logistic regression, Poisson regression and Mantel-Haenszel test. Systematic review was also used in the case where raw data was not used, and was done by the reviewing of the previous studies. The value of the calculated statistics The factors that were considered in the various studies are statistically significant in explaining the factors that cause schizophrenia depending on the varied populations that the studies used. The factors that are identifiable as being a cause for schizophrenia include; children who are born by the mothers who were exposed to some severe life experiences and more especially the death of a close relative during the first trimester ( Ali K, Kathryn, Roseanne, Marianne, Roger and Philip, 2008). This situation increases the possibility of the the offspring developing schizophrenia. The other factor that encourage the developing of schizophrenia among the offspring is the tendency for the parents to expose themselves to analgesics. The effect of the analgesics in encouraging the development of schizophrenia is independent of either male or female parent exposure to analgesics. The treatments offered to the mother during pregnancy also increase the possibility for schizophrenia to develop among the offspring. The other factor that is identifiable as a cause for schizophrenia among the offspring is when the mothers had a psychotic disorder during their adult life, more especially the mothers who had preeclampsia during their adult life. The place and time of birth also has an influence in causing schizophrenia among the children. The children who are born in urban areas and in some months of the years are at risk of developing schizophrenia compared to the ones born in the rural areas and in the months of the years other than March and early December. The obstetrical complications during pregnant and the infections by influenza virus are also among the factors that lead to the development of schizophrenia among the offspring. Significance to nursing practice The factors identifiable as the cause for schizophrenia are very important in the nursing practice. The nurses are able to provide advice to the mothers on the various practices that they are expected to adapt in protecting their offspring from developing of schizophrenia. Therefore, it will be a preventive measure other than curative. Following the nature of schizophrenia, it is better to prevent than providing a cure, hence significant to the nursing practice. Discussion Interpretation of the results. On analyzing all the articles, it is identifiable that all the studies had focused on the causes of schizophrenia among the offspring following the various factors that surrounded the parents, that is, both the male and the female parents. Therefore, schizophrenia is perceived as being a genetic complication that is transmitted from the parents to their offspring. Implications The main cause for schizophrenia is the genetic distortion that occurs within the parents following some factors, which is later evident in the offspring. Therefore, schizophrenia is an hereditary complication. Study Limitations The information used in some other studies was never complete, that is some information were missing for some objects used in the study. The strengths and the weaknesses of the Study. The studies provide a mixed reaction following the various factors that are considered as a cause for schizophrenia and they have not given the genetic mechanisms that are involved in occurrence schizophrenia, otherwise, they have used an inductive approach. Summary The cause for schizophrenia is attributed to the factors that affect parents of an offspring and more especially during pregnancy. The factors affect the genetic structure that is later reflected in the characteristics of the offspring.

Wednesday, August 21, 2019

Bespoke Form of Contracts: A Scourge or Necessity?

Bespoke Form of Contracts: A Scourge or Necessity? Chapter 1 Introduction Research Rationale The use of standard forms of contract, FIDIC Red book (Red Book Engineer/ employer designed Contractor executed) was introduced in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. Ever since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from lump sum to re-measurement contracts by many large organizations. Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the intended purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a tendency to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15) UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international land marks, having the common feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens (loans and repayment period) and to minimize the risk for escalation due to the construction boom in the region. Also in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall. The multinational construction interface between the parties and culture stipulated the importance of using standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the familiarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost. As mentioned above, one of such standard form of contract, FIDIC 1987 4th edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality general conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contract By the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other place in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and after the current economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong interpretation of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations clauses, leading to claims and disputes on fast track projects. The intended purpose of this dissertation is to identify The essential clauses needed to administer a contract The importance of making right interpretations while using contracts An overview of the bespoke versions of contracts Research Methodology A detailed analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses. Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses. A case study on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contract Proposed study chapters The intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different forms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction Contracts Construction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified into i. A simple exchange of correspondences; ii. A tailor made written agreement; iii. A standard form such as JCT,Fidic etc; iv. Standard terms and conditions of the business. Contract in broader term is defined or expressed as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding promises of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm) and the breach of contract is recognized by the common law and the remedies are available as well. On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in direct violation of state or federal laws of the country. There are several aspects related to valid contracts; in fact, an entire course in law school is often devoted to contract law (http://www.wisegeek.com/what-is-a-contract.htm). John Adriaanse (2007) quoting Lord Diplock who classified construction contract as â€Å" the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of variation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract†. He also stated that â€Å"a construction contract is best described as a complex web of competing interests†. At the same time Charles.S. Philip (1999) defining contracts as â€Å"binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and Contractors for construction / maintenance work done for compensation†. In another definition â€Å"we must understand that a construction contract is merely a set of criteria, or expectations, t hat bind the contracting parties† (Gilbreath, 1992) The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http://www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, makes sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do. Contracts may or may not be enforceable by law. The good example is; the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not. Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in return the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of finding of the car. Here, conditions precedent to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology â€Å"condition precedent† is used in contract law to establish a condition of promise in an agreement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract. In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a smooth administration during the construction period. According to Lord Lathams report 1994, â€Å"constructing the team†, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which specify many details that a construction contract should take care of. Chapter 2 The Importance of using Standard forms of Contract 2.1 Introduction The adversarial nature ([Cheung et al., 2006] and [Cheung and Yiu, 2007]) and inborn risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses ([Broome and Hayes, 1997], [Cutts, 2004] and [Styllis, 2005]) and legalese ([Cutts, 2004] and [Candlin et al., 2002]), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded that contractors need to be well versed in the interpretation and understanding of claus es stated in contracts. Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to prevent the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to promote teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be impossible. The importance of this chapter is to make a improved insight into the need for clarity of contract documents. Furthermore, it will assist contract drafters and experts review and clarify the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract. 2.2 The need for contract clarity The need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes ‘supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, the Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved. In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unless the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7: interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the c ontract by the contracting parties. Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery. 2.3. Understanding the importance of standard form Construction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as ([Thomas et al., 1994], [Semple et al., 1994], [Broome and Hayes, 1997] and [Mohamad and Zulkifli, 2006]). It is simply because of the reason that the parties could not achieve their contractual expectations (Harmon, 2003). Dubai Municipalitys be spoke forms of contract was followed and amended by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red Book 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form. 2.4 History of FIDIC and other Standard forms of Contracts used in UAE Industry The most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into reality by operations. This transaction process requires i.e. from the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract. In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time rela ted, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44) The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of Civil Engineers, GC/Works/1 for Government Contracts, ACA Project Partnering Contract- PPC 2000, FIDIC..etc. A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE. The Fà ©dà ©ration Internationale des Ingà ©nieurs-Conseils (â€Å"FIDIC†) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fà ©dà ©ration Internationale des Bà ¢timent et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract. One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best suited for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the â€Å"Yellow Book† (the traditional one is known as the â€Å"Red Book† it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more appropriate for the manufacture and installation of plant. The revised (second edition) was published in 1980. The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or â€Å"Old Red Book†)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the parties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE. A new form of contract was published (known as the â€Å"Orange Book†) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an â€Å"Employers Representative† who, while determining the value, costs or extensions of times need to: â€Å"determine the matter fairly, reasonably and in accordance with the Contract†. However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer; a fair interpretation is making the Engineer as an assistant to the Employer. The other differences between these two versions will be discussed in the following chapters of this dissertation. Chapter 3 3.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation work During the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents. i. The signed agreement ii. Tender iii. General and particular conditions of contract iv. Drawings v. Bills of Quantities vi. Specification vii. Schedules viii. Program There are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose. Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Hence this clause is essential while drafting an agreement or contract for the administration. Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial completion of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract; the contractor shall be required to finish the work only within a reasonable time(ref: John Uff..). Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalty as mentioned in the contract. Hence it is very essential to have a non-completion clause in agreements and contracts. Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915] AC 79, 86-87, where the House of Lords recognized the principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. â€Å" This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, [1978] 2 S.C.R. 916, 946, and does not allow for any recov ­ery of an amount exceeding the actual damage† (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement. Defects liability- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392). Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev

Tuesday, August 20, 2019

Sociology and Why young people commit crime

Sociology and Why young people commit crime Sociology, along with certain other multidisciplinary focuses, provides a number of reasons for why young people commit crimes. Chief amongst these is a lack of employment, the breakdown of the family, urban decay, social disenchantment, social alienation, drug abuse, and a host of others. For example, it had been proposed that integration be viewed through patterns of role relationships  [1]  however on the other hand it had been argued that new legal powers essentially comprise an extension of punitiveness underpinned by stigmatising and pathologies constructions of working class families.  [2]  In both cases, separated by a number of years, a number of factors are to blame the state, parents, and so on but little if any answers are proposed. Sociology in its broadest forms offers a prescriptive view of the world and this can leave it lacking when tasked with answering questions that arise out of its interests but which its interests cannot qualify. As a 2006 study on you th crime in nova Scotia put it, youth crime is multifaceted. On the one hand, most youth commit crime, and most typically grow out of crime as they age. Longitudinal studies further suggest there are several risk factors that place certain youth at increased risk of offending. At the same time, there are youth with many risk factors who never participate in offending behaviour while there are youth with few risk factors who have established criminal careers.  [3]  It is here that sociology comes unstuck, unable to handle the sheer multi affectedness of youth crime with an academic outlook that seeks to place youth into easily identifiable boxes. It is here That criminology, psychology, psychiatry, and social policy step in to try and make sense of this multiplicity and advise on policies which can both decrease the number of youths committing crimes, whilst encouraging those already in such a position to leave it behind. According to most commentators, growing out of crime is on the increase. Furthermore, a lot of youth crime is to a certain extent, to be expected, quite aside for reasons of social delinquency. The establishment of the new youth justices system was a reaction to this fact. As sociologists noted that certain levels of delinquency were normal, a new policy entered in the UK that sought to treat all crimes as punishable by a formal criminal justice sanction. The effects of this have been to label a young offender as an offender from an early age. On youths, this has a number of effects. The first is to further entrench criminality into the culprit, whilst the other aims to encourage the youth of the pointlessness of crime , providing punishments that equal the crime, but that also aim to dissuade against further criminal acts. Questions also arise about how to differentiate between males and females. Goldson and Muncie  [4]  note that women tend to grow out of crime earlier than boys. Whilst a sociological approach to this seeks to question why this may be, the criminological approach must make do with knowing that after the age of 18, youth offending begins to fall, particularly self-reported offending. As youths mature, they tend to swap certain crimes for others. Thus shoplifting and burglary decrease whilst fraud and workplace theft increase as they enter the labour market. These are questions best answered by the statistician than the sociologist. Theories that rely on concepts of individual pathology are redundant in the light of sociological developments in criminology. In recent years, there has been a wholesale turning away from concepts of individual pathology in sociology, necessitated by advancements in criminology which place a greater social burden on the reasons for crime. Haines draws a contrast between individualised explanations of criminal behaviour and approaches which seek to place crime in its situational and social context.  [5]  However, the positivist view that Darwinian notions of physiognomy may in some way be responsible for defining characteristics of a criminal are by now very outdated. More modern theories of criminality, derived in part from sociological studies, but also from the dismantling of the Darwinian myth of universal positivism, have led researchers to take the view that criminals are made, rather than born. That means that they are socialized in a society that views criminal behaviour as entirely rational and in keeping with the social and cultural norms of that milieu. Whilst exceptions still abound, particul arly in the case of the clinically, ill, this view informs much policy thinking and policies aimed at reducing youth crime. There are of course exceptions to this, but they remain very much the exception. Individual pathology is so closely linked with the notion of pathology that it is too universal, cutting across all classes, as to be specific enough to the rigours of criminological profiling. Criminology in its current incarnation looks at why crime exists in society and in order to do that, it needs to look at the ills of society. Taking their cues from Marx and Engels, the modern idea of criminology seeks to give answers that look at social questions as much as pathological ones. Accordingly, the individual pathology model is a control oriented ideology which serves to locate the causes of problems in specific individuals and which supplies the relevant knowledge and understanding to develop the appropriate technologies and social policies for controlling deviant members. Crimi nological theorizing thereby becomes a means of providingà ¢Ã¢â€š ¬Ã‚ ¦a means of legitimating current policies which become justified as forms of treatment rather than punishment.  [6]  In this argument, the archaic individual pathology view becomes not only outdated, but also unfairly punitive, prescribing a series of judgments upon a larger, unclassifiable group. It strips the moral imperative from those enlisted to uphold it, and takes an awkwardly narrow view of society as a whole.

Monday, August 19, 2019

Management Questions and Answers :: Team Work, Whistle-Blowing, Group Development

Question 1 There are critics of the five†stage group development model. Their main point is that this presentation of a group’s development is too static. Do you agree with this criticism? Why? Numerous critics of the five-stage model of group development contend the model is too static to accurately describe the progression of groups. In their review of the literature, Hurt and Trombley (2007) point out several deficiencies in the model. The model assumes that all groups progress linearly through five stages (forming, storming, norming, performing, adjourning). Critics suggest the model fails to describe groups that do not follow a linear progression. The model also assumes that groups must complete one stage before entering into the next stage, implying that tasks may not be completed. In addition, critical reviews of the model suggest that it ignores a more circular systems perspective. This systems perspective would allow the group to learn from mistakes and be more successful as a whole through the use of â€Å"inputs, outputs, throughputs, and a feedback loop† (Hurt & Trombley, 2007, p. 3). The five-stage group development model does provide some understand ing of the group process, but it seems too rigid to fully explain how groups with diverse individuals form and work together. In that respect, I would have to agree with some of the criticisms of this model. Human beings are by their nature dynamic, not static. Therefore, I question if it is realistic to portray group development in a completely linear, static manner. An individual’s behavior may vary depending on the group’s particular goals and the behavior of the other individuals in the group. Groups have unique personalities depending upon how the all the members interact with each other. For example, it may be possible that some groups skip the storming stage characterized by arguing, conflict, debate, and experimenting with roles (Gibson, Ivancevich, Donnelly & Konopaske, 2012) when some strong-willed individuals unilaterally take over the leadership roles. The model’s assumption that groups do not focus on goals until the performing stage may also be unrealistic. Individuals who are already highly motivated and highly focused on a particular goal from the start may come together and form a group. Group development may also vary based on how important the goal is perceived to be by individual members of the group. It is hard to predict exactly how each group of unique individuals will interact with each other and progress through group development stages.

Sunday, August 18, 2019

Black Holes :: science physics space

In 1916, the German astronomer Karl Schwarzchild attempted to theorize how a star could shrink to become what he called a "Black Hole". Schwarzchild predicted that our sun would have to shrink to less than two miles in radius. He also predicted that even though the sun had shrunk its mass and weight would remain the same, which means that the planets would continue on their orbits, uneffected. Schwarzchild still questioned if stars could become this compact. In 1934 W. Baade and F. Zwicky predicted that the collapse of a star, strips the atoms of their electrons, thus making it a Neutron Star. He also predicted that these are only 10-15 miles in diameter with a density of about a billion tons per cubic inch. The American physicists R. Oppenheimer and H. Snyder, in 1939, realized that Schwarzchild theory was only possible if the star was much bigger than our sun; approximately 3.9 times or larger. In the early seventies, a x-ray source was located in the Constellation Cygnus. The x-ray source couldn't actually be precisely located but was narrowed down to a relatively small area. At this time it was very puzzling for the scientist. Steven Hawking, in the seventies, came up with theoretical arguments demonstrating that black holes aren't entirely black and that it is possible for them to evaporate because they emit radiation. The radiation from a black hole comes from the mass of it, hence the black hole insinuatingly shrinks. While the radiation tediously increases, the mass slowly decreases. So as the radiation from the black hole increases the black hole shrinks and evidently vanishes. In 1972, scientist pinpointed a radio emission in the same area. This is still puzzling to scientist today but all they knew was that it was originated from the same area as the x-ray source and apparently came from open space. The scientist watched this area for months and finally waited until the spot in space came over the star next to it. When it did there was startling results. The spot in space eclipsed the star next to it. The spot was then named Cygnus X-1 and was officially the first Black hole discovered. Even back in Isaac Newton's time, scientist speculated such an object existed. So many questions had been answered by the discovery of this mysterious object, yet so many more generated. A Black Hole is an object that is so dense not even light can escape its gravity.

Saturday, August 17, 2019

Love and Tradition in “Marriage Is a Private Affair”

Marriage traditions vary greatly throughout the world. In some cultures, people’s marriages are traditionally arranged by their parents. In others cultures, the partners make their own choice. This diversity in tradition causes many conflicts within the family as well as in the culture group. A great example of marriage and its importance to different cultures is the story by Chinua Achebe, â€Å"Marriage is a Private Affair. † The story takes place in Africa, a country of great cultural diversity. Old traditions continue to govern life in Nigerian villages, where parents often play a decisive role in choosing mates for their children. In the cities, however, modern practices displace many of the village traditions, including the role of parent as a mate finder. The tension between old and new ways of living sometimes creates conflict within families, especially between generations. The following story focuses on a conflict between a father and son about the choice of the son’s marriage partner. Despite of the strong devotion to the tradition, Okeke the father can hardly resist the love of his family. Firstly, the tradition plays a very important role in that story. Okeke is an old man, who lives in a Nigerian village, where the traditions have very important role in people’s lives. He is first introduced to the readers from the very beginning of the story in a conversation between Nene and Nnaemeka. Although this conversation reveals little about his character, we think of him as an authoritarian father. And, as a traditional Ibo, he does not accept the couple's engagement. For example, â€Å"They are most unhappy if the engagement is not arranged by them† (258) shows Nnaemeka fear of his father’s disapproval of their marriage. As a result, the conversation between Okeke and his son shows both Okeke's deep disappointment and firm objection. After this conversation Okeke does not talk to his son for eight years. This is another example of Okeke’s loyalty of his people’s tradition. As a result, he never accepts his son’s wife: â€Å"I shall never see her† (260). Okeke's actions show the reader that the tradition is stronger than amily relationships. On the other hand, despite of Okeke’s cold description in the first part of the story, he changes his thoughts after he reads the letter from Nene. Nene, his daughter-in-law, sends him a letter and the night after he reads the letter, Achebe points out that Okeke â€Å"hardly slept from remorse and a vague fear that he might die without making it up to his gran dchildren† (262). This conclusion to the story hints that the grandchildren would bring these two generations back together again. In conclusion, this story is a great example of the strong traditions in different cultures that can be stopped only with the great power of a loving family. Nnaemeka’s father was so devoted to the tradition to understand his son’s feelings or the consequences of having grandchildren that he would might never know. The letter that informs him about his grandsons breaks him down and lets the reader think of the happy ending of the story. Achebe teaches us to realize that love can conquer even the strongest traditions.

“Comparing Male and Female Sports ” Eassy

ITCW 11/20/12 Essay from page381 #5 Essay on Male and Female sports teams I personally agree with what the author wrote about in his writing. If you take a look at how both men and women play sports, you will clearly see that not only are men more aggressive with the sports they play; but they also treat each other more aggressively than girls do. If a guy was to be playing football and dropped a pass chances are he will get a lot of grief from his teammates and they might harass him about it for weeks.While if a girl made a mistake playing her sport chances are the girls will try to help her get better. Instead of showing her tough love like their male counter parts would. For the guys I think they act how they act and show tough love and aggression to each other because they normally have to fight and act tough with each other to stand out. Look how guys socialize they normally are insulting and calling each other names.Playing of course but none the less they do it, I believe some forum of that has just carried on to the sports they play. Also guys tend to break into groups more so than their female counter part. Guys who are good at a sport will usually hang out and socialize with other athletes who stand out, leaving the ones who are not as good behind. For girls like I said in my previous paragraph, they normally can keep their cool and know how to talk to each other better during the heat of the moment unlike the guys.This is typically due to the fact that like I previously said the girls tend to help each other more then the guys do. While the guys are cirdasizing each other; the girls who are the stand out stars are helping the girls who are not as good as them. Which in the long run might make it so the girls get a better understanding of the meaning â€Å"Team Sports†? There are also other reasons one must remember when comparing male and female sports teams.For instance Guys normally have to act a certain way and out do his male counter parts when he is in the work field to stand out or even receive a promotion, While normally girls won’t have to act as cut throat as guys in the work field. Which could explain why girl sports teams show more â€Å"team sportsmanship†? All in all both male and female act a certain way when they play sports Now when it comes to how they act, that all just depends on how mature they are and how they are as a person.Me personally I think more so for guys, when they are in the middle of a football game or basketball and a teammate makes a critical mistake. They might over react or say something that might sound a bit harsh but one must remember they are â€Å"In the heat of battle†. So typically what is being said isn’t always how they truly feel about each other. I also believe that girls have more pations then guys do and are more willing to help someone who isn’t as good as them. So that is why girl teams help each other more and show more team sportsman ship.

Friday, August 16, 2019

Lydia Hall

Lydia Hall’s theory of core, cure, and care theory can be easily integrated into practice. The core aspect of her theory describes the person that nursing care is directed towards and the individuals behavior due to their feelings and value system. The cure component is the attention given to patients by medical professions. These include interventions or actions that can be used to treat or cure the illness or disease that the individual may be suffering from. The last element, care, is about nurturing the patient and providing comfort measures. This also includes providing patient teaching.An example used to integrate Lydia Hall’s theory will be a patient that has just found out that he has diabetes type 1. The patient may first be overwhelmed at the thought of managing the disease, fear of being alone and fear of the disease in itself which describes the core aspect of the theory. In the cure component the actions that nurses may take is to perform physical assessmen ts including glucose level, assess respirations for Kussmaul respirations and acetonic breath, monitor temperature, moisture, weight, assess diet compliance, and intake and output.The interventions nurses can provide the patient is to maintain fluid intake at least 2500 ml per day to prevent dehydration. Also, a comfortable environment should be provided and inform of covering at night with a light sheet which would prevent overheating and excessive fluid loss. Lastly, the element of care provides the patient with education and discharge planning such as teaching of how to give insulin, checking blood sugar, exercise rules and dietary changes.Open communication assists the patient in being comfortable in asking questions and expressing fears of disease management, emotional and or social issues due to lifestyle changes. Lydia Hall’s Care Cure Core model suggests that patients have three needs of care: the physical, the medical, and the social needs. This encourages open commu nication between patients and nurses. Nurses responsibility when using this model is to provide physical, emotional or social support, educating patients and through medical managementPatient outcomes would be improved self esteem including confidence and motivation in managing their disease such as in diabetes self injection of insulin. Patients would also be more knowledgeable in the disease process such as importance of checking blood sugar and identifying symptoms of hypo and hyperglycemia. This model helps build rapport between the patient and nurse by assisting them to communicate their concerns and apprehensions pertaining to disease management.