Cases

1. Commonwealth v State of Tasmania http://en. wikipedia. org/wiki/Commonwealth_v_Tasmania 2. Lee v Knapp In Lee v Knapp [1967] 2 QB 442 an Act required that a motorist â€Å"stop† after an accident. The defendant claimed that they did in fact momentarily halt, before proceeding, therefore complying with a commonly accepted literal meaning of â€Å"stop†. The judge found that in this circumstance â€Å"stop† meant halt and wait for police or other officials to investigate the accident. A literal interpretation was against the purpose of the law. 3a Smith v Hughes SMITH v HUGHES (1960) 1 WLR 830 LORD PARKER CJ: These are six appeals by way of case stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by police officers against the defendants, in each case that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to section 1 (1) of the Street Offences Act, 1959. ’ The magistrate in each case found that the defendant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the defendant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the attention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s. 1 (1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. LORD PARKER CJ: These are six appeals by way of Cases Stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by the respondent in each case against the appellant for that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. The magistrate in each case found that the appellant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the appellant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the ttention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s 1(1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. HILBERY J: I agree. 9, Curzon Street, from the papers in front of us, appears to be let to two prostitutes who practise their profession from that address, and the way of practising it is shown by the Cases Stated, as my Lord has said; in one case by tapping on the window pane with some metal object as men passed by in the street in front of her, and then openly inviting them into her room. In the other cases it was done by tapping on the windows of various rooms occupied by these prostit utes and then, if the window was open, giving nvitations by way of solicitation or signals representing solicitation. In each case signals were intended to solicit men passing by in the street. They did effect solicitation of the men when they reached those men. At that moment the person in the street to whom the signal was addressed was solicited and, being solicited in the street, I agree with the conclusion of my Lord and for these reasons I have intimated that these appeals must be dismissed. DONOVAN J: I agree with both the judgments which have been delivered. Cases stated These were appeals by Cases Stated from the adjudications of one of the magistrates of the police courts of the metropolis sitting at Bow Street Magistrates’ Court as a magistrates’ court, before whom informations were preferred on 27 November 1959, 8 December 1959, 5 January 1960 and on a day unknown in 1960 by the respondents, police officers, that the appellants, Marie Theresa Smith and Christine Tolan being common prostitutes, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. There were two informations against Marie Theresa Smith, which were heard on 4 February 1960, when the following facts were found. The appellant was a common prostitute, living at 39, Curzon Street, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 8. 50 pm and 9. 5 pm the appellant solicited men passing in the street for the purposes of prostitution from a first floor balcony of 39, Curzon Street, the balcony being some eight to ten feet above street level. The appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the balcony railing with some metal object and by hissing to them as they passed in the street beneath her, and (ii) having so attracted their attention, to talk with them and invite them to come inside the said premises by such words as ‘Would you like to come up here a little while? ’ at the same time as she indicated the correct door of the premises. That on 9 January 1960, between 12. 0 am and 1 am the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street, the window being some three feet from railings, four feet high, which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) hav ing so attracted their attention, to invite them in for a price which she indicated by extending three fingers of her hand and indicating the correct door of the premises. That on one occasion the price so indicated by the appellant was agreed and the man entered the premises, leaving some fifteen minutes later. On another occasion the price so indicated by the appellant was not agreed by the man concerned, who made a counter-proposal as to price by extending two fingers of his hand. This counter-proposal was not accepted by the appellant and the man walked away. There were four informations against Christine Tolan which were heard on 4 February 1960, two being heard also on 8 February 1960, when the following facts were found. That the appellant was a common prostitute living at 39, Curzon Street, London, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 9. 25 pm and 9. 35 pm the appellant solicited men passing in the street for the purposes of prostitution from a half-open ground floor window of 39, Curzon Street, the window being some three feet from four feet high railings which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by half leaning out of the window towards the men as they passed by in the street in front of her and (ii), having so attracted their attention, to talk with them and invite them inside the premises by such words as ‘A short time for ? 3’ at the same time as she indicated the correct door of the said premises. That on 4 December 1959, at about 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii), having so attracted their attention, to invite them inside the premises by smiling and indicating the correct door of the premises. That on one occasion a man accepted the appellant’s suggestion and went towards the door of 39, Curzon Street, which the appellant was holding open ready for him to enter. However, when a police officer came up, the appellant hastily slammed the door and the man left (not having entered the premises). About five minutes later a second man left the premises. That on 5 December 1959, at about 10. 40 pm the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) having so attracted their attention to talk to them and invite them inside the said premises at the same time as she indicated the correct door of the said premises. That on 15 December 1959, between 10. 30 pm and 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a partly open first floor window of 39, Curzon Street, the window being about ten feet above street level. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street beneath her and (ii) having so attracted their attention, to invite them in by gestures and for a price she indicated by extending three fingers of her hand and indicating the correct door of the premises. It was contended for the appellants that the balcony; the interior of the premises behind a closed or half closed window on the ground floor; and the interior of a building behind a slightly open window on the first floor were not ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly no offence had been committed. It was contended for the respondents that the soliciting had taken place ‘in a street’ within the meaning of that Act. The magistrate was of opinion that the said soliciting had taken place ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly convicted the appellants. 3. Carlill v Carbolic Smoke Ball Co. [1983] 1QB 256 (p259) Background The British influenza epidemic of 1891-92 extracted a heavy toll on human life. To the purveyors of quack medicines it provided a wonderful opportunity. The last decade of the nineteenth century was the golden age of quackey and the carbolic smoke ball patented by Frederick Roe in December 1989 was merely one of a range of devices that were aggressively promoted to a naive public at that time. Roe’s patent application described his smoke ball as ‘An improved device for facilitating the distribution, inhalation and application of medicated and other powder’ Although the patent specification envisaged other powders being used, Roe confined himself to using carbolic acid or phenol in powder form, this being the standard germ killer of the time. Early advertisement for this smoke ball made typically extravagant claims: Will positively cure Influenza, catarrh, Asthma, Bronchitis, Hay fever, Neuralgia, Throat deafness, Hoarseness, Loss of voice, Whooping cough, Croup, Coughs, Colds, and all other ailments caused by Taking cold. Facts An advertisement that offered a reward of ? 100 ‘ to any person who contracts the increasing epidemic, influenza, colds,†¦after having used the ball according to the printed directions’. Gave rise to litigation. The company was so convinced of the infallibility of its product that its advertisement pointed out that it had deposited the sum of ? 000 with its bank as ‘proof of its sincerity’. The advertisement that gave rise to the litigation first appeared in the Pall Mall Gazette on 13 November 1891. Mrs Carlill bought a carbolic smoke ball from a chemist shop, and used it three times daily for two weeks in accordance with the written instructions, she nevertheless c ontracted influenza. When the company refused to pay the ? 100 reward, Mrs Carlill sued for breach of contract. Issues In this defence the Carbolic smoke ball co. raised virtually every possible argument that was available to deny the existence of a contract. In summary he company argued that: †¢ The newspaper advertisement was not an offer †¢ Even if it was an offer, Mrs Carlill had not validly accepted the offer. †¢ Even if she had, the arrangement was not intended to create the legal relations †¢ Even if it was, she had provided no consideration in exchange for the company’s promise †¢ Even if a contract had been formed, it was of no effect since it failed to meet certain statutory requirements. Decision The English court of appeal dismissed all of these arguments and held that a valid contract had been formed and consequently Mrs Carlill was entitled to the ? 100. Implications For present purposes, the main implications of the case are in the way that court of appeal rejected the various arguments advanced to suggest that the advertisement didn’t constitute an offer. The company’s argument that the advertisement was not a statement that people would take seriously (it was a ‘mere puff’) was rejected by reference to the statement that ? 1000 had been deposited with the Alliance Bank to show the company’s ‘sincerity in the matter’. Lindley LJ(at 261) stated: Now, for what was the money deposited or that statement made except to negative the suggestion that this was a mere puff and meant nothing at all? The deposite is called in aid by the advertiser as proof of his sincerity in the matter- that is, the sincerity of his promise to pay this ? 100 in the event which he has specified. I say this for the purpose of giving that point to the observation that we are not interring a promise, there is the promise, as plain as words can make it. The company argued that the advertisement was so vague and incomplete that reasonable people wouldn’t interpret it. To contain any legal promise. For example, the advertisement didn’t specify any time limit within which a person had to contract influenza in order for them to claim the reward. Neither was there any way for the company to check that smoke ball had been correctly used. Bowen LJ held that: The answer to that argument seems to me to be that if a person chooses to make extravagant promises of this kind he probably does so because it pays him to make them, and, if he has made them, the extravagance of the promises is no reason in law why he shouldn’t be bound by them. Lindley LJ conceded that the language was vague and uncertain in some respects but nevertheless considered that ‘business people or reasonable people ‘ would understand it to mean that ? 00 would be paid to anybody who used the smoke ball three times daily for two weeks according to the printed directions, and who contracted influenza within a reasonable time after so using it. In response to the company’s argument that an offer had to be directed at a particular person or persons and couldn not be made to the whole world. Browen LJ stated that: It was also said that the c ontract is made with all the world. †¦that is †¦with everybody, and that you can not contract with everybody. it is not a contract made with all the world. There is fallacy of the argument. It is an offer made to all the world,and why should not any offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition? It is an offer to become liable to any one who, before it is retracted, performs the condition, and although the offer is made to the world, the contract is made with that limited portion to the public who come forward and perform the condition on the faith of the advertisement. 4. Havey v Facey [1983] (p259) 5. Pharmaceutical society of Great Britain v Boots Cash Chemist (p258) 6. Fisher v Bell (p257) 7. Partridge v Crittenden (p257) 8. R. Clarke (p265) Clarke, had claimed ? 1000 from the police in the following circumstances. In May 1926 the commissioner of police gave notice by proclamation that he was authorized by the government of western Australia to ‘offer a reward of ? 1000 for such information as shall lead to the arrest and conviction of the person who committed the murders’ of an inspector of police and a sergeant of police, and that the governor would be advised to extend a free pardon to any accomplice not being the person who actually committed the murders who should first give the information. In June, one Treffene and Clarke were arrested and charged with one statement which led to the arrest of one coulter. Coulter and Treffene were convicted of the murder, Clarke giving evidence in accordance with is statement. Clarke was released and claimed the reward. The R alleged inter alia by way of defence that his statement was not made with a view to obtaining the reward. His petition was dismissed at first instance, the judge finding that he had not acted on the faith entering into any contract, but rather that he acted to save himself from the unfounded charge of murder. The plaintiff failed in an action to claim a reward offered for information leading to the conviction of a murderer. He knew of the reward but be admitted in court he gave the information to save himself from being charged with the murder and with the reward’ not present to his mind’. Higgins J, 241 stated that: The motive inducing consent maybe immaterial but the consent is vital. Without that there is no contract†¦Clark had seen the offer, indeed, but it was not present to his mind.. he had forgotten it, and gave no consideration to it, in his intense excitement as to his own danger. There can not be assent without knowledge of the offer, and ignorance of the offer is the same thing whether it is due to never hearing of it or forgetting it after hearing. (Acceptance must be made in reliance on the offer) 9. Hyde v Wrench June 6. The defendant wrote to the plaintiff offering to sell his farm for ? 1000. The plaintiff’s agent immediately called on the defendant, and made an offer of ? 920 which the defendant wished to have a few days to consider. June 27, the defendant wrote to say that he could not accept this offer. June 29, the plaintiff wrote ‘accepting’ the offer of June 6. The plaintiff brought an action for specific performance. The defendant filed a general demurrer. The Master of the rolls: Under the circumstances stated in this bill, I think there exists no valid binding contract between the parties for the purchase of the property. The defendant offered to sell it for? 1000, and if that had been at once unconditionally accepted, there would undoubtedly have been a perfect binding contract. Instead of that, the plaintiff made an offer of his own, to purchase the property for ? 950, and he thereby rejected the offer previously made by the defendant. I think that it was not fterwards competent for him to revive the proposal of the defendant, by tendering an acceptance of it, and that, therefore, there exists no obligation of any sort between the parties, the demurrer must be allowed. 10. Stevenson Jacques & Co. v McLean The plantiffs and the defendant were negotiating about the sale of a quantity of iron for which the defendant held warrants. Saturda y: The defendant wrote: â€Å"†¦I would now sell for 40s. net cash,open till Monday. † Monday: The plaintiffs telegraphed: â€Å"Please wire whether you would accept forty for delivery over two months, or if not, longest limit you would give. The defendant received the telegram at 10. 01am and subsequently sold the iron to a third party. 1. 25pm: the defendant telegraphed that he had sold the iron. 1. 3pm: the plaintiffs, having had no reply to their telegram, telegraphed again, accepting the offer to sell at 40s. cash. 1. 46pm: the defendant’s telegram arrived. The plaintiff sued for breach of contract, and the defendant objected that the telegram sent by the plaintiffs on the Monday morning was a rejection of the defendant’s offer and a new proposal on the plaintiffs’ part, and therefore that the defendant had a right to regard it as putting an end to the original negotiation. Lush J: Looking at the form of the telegram, the time when it was sent, and the state of the iron market, I can not think this is its fair meaning. The plaintiff Stevenson said he meant it only as an inquiry, expecting an answer for his guidance, and this, I think, is the sense in which the defendant ought to have regarded it. Stevenson, Jacques & Co v. McLean (1880) 5 QBD 346 is an English contract law case concerning the rules on communication of acceptance by telegraph. Its approach contrasts to the postal rule. McLean wrote to Stevenson, Jacques & Co. n Middlesbrough asking if he could get an offer for warrants on iron ore. He said 40s per ton in cash was the lowest price, the offer open till Monday. At 7. 42am, Stevenson telegraphed saying ‘Please wire whether you would accept forty for delivery over two months, or if not, longest limit you could give. ’ McLean did not answer, and sold at 1. 25pm to someone else. Stevenson, before hearing, telegraphed saying he had secured a price. McLean refused to deliver the iron, and Stevenson brought an action for non-delivery. Lush J held that the plaintiffs’ telegram at 9. 42 was not a rejection of the offer but a mere inquiry about whether the terms could be modified. Although McLean was at liberty to revoke the offer before Monday finished, that was not effective until it reached the plaintiffs. Therefore McLean’s offer was still open when Stevenson accepted it. 11. Power v Lee(266) 12. Felthouse v Bindley (p265) 13. Household Fire Insurance v Grant (267) 14. Holwell secutrities v Hughes (p267) 15. Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34 is a leading decision of the House of Lords on the formation of a contract using telecommunication. The Lords largely accepted the earlier leading decision of Entores v Miles Far East Co. [1955] 2 QB 327 on acceptance via telex. Brinkibon was a London company that purchased steel from Stahag, a seller based in Austria. Brinkibon sent their acceptance to a Stahag offer by Telex to Vienna. Brinkibon later wanted to issue a writ against Stahag and applied serve an out of jurisdiction party. They would only be able to do so if the contract had been formed in England. The question at issue was where the contract was formed. The Lords decided that the contract was formed in Vienna. They accepted the principle in Entores v Miles Far East Co where in the case of instantaneous communication, which included telex, the formation occurs in the place where the acceptance is received. Lord Wilberforce, however, did not see the rule as applying to all circumstances: Since 1955 the use of Telex communication has been greatly expanded, and there are many variants on it. The senders and recipients may not be the principals to the contemplated contract. They may be servants or agents with limited authority. The message may not reach, or be intended to reach, the designated recipient immediately: messages may be sent out of office hours, or at night, with the intention, or on the assumption that they will be read at a later time. There may be some error or default at the recipient’s end which prevents receipt at the time contemplated and believed in by the sender. The message may have been sent and/or received through machines operated by third persons. And many other variants may occur. No universal rule can cover all such cases; they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgement where the risks should lie. 16. Dickinson v Dodds (1876) (p261) Dodds offered to sell Dickson some houses for ? 800. This offer was stated ‘to be left over Friday, 9am’. However, Dodds sold the houses to someone else on the Thursday. Dickson heard of this sale indirectly but still handed Dodds a formal acceptance of the offer before 9am. Friday, it was held that no contract was formed with Dickson. The offer had been revoked before acceptance since Dickinson had actually received notice of the revocation even though this was not from the offeror. (General rule: an offer can be revoked (withdrawn or cancelled) by the offeror any time before it is accepted. A revocation is not effective until the offeree becomes aware of it. It is not necessary that offeror personally communicate the revocation to the offeree. It is sufficient if a reasonable person would be aware that the offer had been withdrawn. 17. Byrne & Co. v. Van Tienhoven & Co. October 1: The defendants, in Cardiff, posted a letter to the plaintiffs, in New York, offering to sell them 1000 boxes of tinplates. October 8: The defendants posted a letter revoking their offer. October 11:The plaintiffs telegraphed acceptance October 15: The plaintiffs confirmed their acceptance by letter. October 20: The defendants’ letter of revocation reached the plaintiffs. (Revocation is effective when it arrives. Postal acceptance Rule) 18. Rose & Frank Co. v Crompton & Bros. The defendant manufactured carbon paper in England. The plaintiff bought the defendant's paper and sold it in New York. After dealing with each other for a number of years they entered into a written agreement as to the plaintiff having exclusive rights to buy and sell the defendant's goods. The agreement stated: â€Å"This agreement is not a formal or legal agreement. It will not be subject to the jurisdiction of either the British or American courts. It is a record of the intention of the parties to which they honourably pledge themselves and is to be carried out with mutual loyalty and friendly co-operation. Following a series of disputes the plaintiff claimed that the defendant was in breach of the agreement and the trial judge held that it was legally binding. The defendant appealed and the Court Of Appeal overturned the decision – it was quite possible for parties to agree that a legal relationship would not be formed. Bankes LJ said that an intention to be legally bound was essential. With business arrangements it usual ly follows as a matter of course that legal relations are intended. Whilst it was â€Å"most improbable† that firms engaged in international business arrangements should not have intended legal consequences there is no legal obstacle to prevent them from doing so. He added further that there is no law or issue of public policy that should preclude this rule. Thus after reading the agreement in its ordinary meaning, he said â€Å"it is manifest that no action can be maintained on the basis of it. † (Intention to create relations) 19. Balfour v Balfour (p271) 20. Merritt v Merritt The court held that the presumption that agreements between husband and wife are not intended to create legal relations doesn’t apply when they are not living in amity but are separated or about to separate. H had left W and was living with another woman. He agreed to pay W ? 40 a month. And signed a written agreement that, in consideration of W’s paying off the mortgage on their jointly owned house, he would then transfer it to her sole ownership. W paid off the jointly owned house, he would then transfer it to her sole ownership. W paid off the mortgage, Stamp J, made a declaration that W was the sole beneficial owner. H’s appeal was dismissed. Lord Denning said:’In all these cases the court does not try to discover the intention by looking into the minds of the parties. It looks at the situation in which they were placed and asks itself: would reasonable people regard this agreement as intended to be binding? † (google)A husband and wife separated. They then met to make arrangements for the future. After this the husband agreed to pay ? 40 per month maintenance, out of which the wife would pay the mortgage. When the mortgage was paid off it was agreed he would transfer the house from joint names to the wife's name. He wrote this down and signed the paper, but later refused to transfer the house. It was held that when the agreement was made, the husband and wife were no longer living together, therefore they must have intended the agreement to be binding, as they would base their future actions on it. This intention was evidenced by the writing and therefore the husband had to transfer the house to the wife. 21. Jones v Vernons Pools Ltd (p272) 22. White v Bluett (p277) 23. Roscorla v Thomas (p277) 24. Re Casey’s Patents (google) A and B owned a patent and C was the manager who had worked on it for two years. A and B then promised C a one-third share in the invention for his help in developing it. The patents were transferred to C but A and B then claimed their return. It was held that C could rely on the agreement. Even though C's consideration was in the past, it had been done in a business situation, at the request of A and B and it was understood by both sides that C would be paid and the subsequent promise to pay merely fixed the amount. (past consideration is good if: Must be done at the promisor's request Parties understand that the act was to be rewarded. Payment must have been legally enforceable had it been promised in advance) 25. Collins v Godefroy This case (Collins v Godefroy [1831] 1 BAd 950) is the archetype of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. Godefroy promised Collins six guineas if he would attend court to testify on his behalf. At his agreement, Collins was subpeonaed. Godefroy refused to pay. In his defence, he claimed that there was no consideration moving from Collins, as he was obliged to attend court anyway. This view was upheld by the court. (It was held that as Collins was under a legal duty to attend court he had not provided consideration. His action therefore failed. ) 26. Ward v Byham The father of an illegitimate child agreed to pay the mother a sum of money for maintenance, provided that the child be well looked after and happy, and that the mother offer the child the choice of which parent to live with when she was old enough to understand. The father made payments until the child's mother married, and then he refused. The mother sued for breach of contract. The father's defence was that there was no consideration to the agreement, as the mother was legally obligated to care for the child. The Court of Appeal ruled that the mother had exceeded her statutory duty by bringing up the child in a particular way, and in accordance with the wishes of the father, and this was sufficient consideration. (Do more than public duty is good consideration) 27. Dunton v Dunton (p277) 28. Glasbrook Brothers Ltd v Glamorgan County Council (p278) 29. Stilk v Myrick (p278) 30. Musumeci v Winadell Pty Ltd (p278) 31. Shadwell v Shadwell (279) 32. Hartley v Ponsonby (p279) 33. Pinnel’s case ( ) The plaintiff sued the defendant for the sum of ? 8 10s. The defence was based on the fact that the defendant had, at the plaintiff's request, tendered ? 5-2s-6d before the debt was due, which the plaintiff had accepted in full satisfaction for the debt. payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, a lesser sum can be a satisfaction to the plaintiff for a greater sum: but the gift of a horse, hawk, or robe, etc. in satisfaction is good†¦ [as] more beneficial to the plaintiff than the money. The rule is obiter dicta. In Pinnel's Case itself the debt was paid before the date of satisfaction, which was considered good consideration. 34. Foakes v Beer (p279) 35. Central London property Thust Ltd. v High Tress house Ltd. (p281) 36. Waltons Stores (interstate)Ltd. v Macher (p281) 37. Donoghue v Stevenson (p172) 38. Perre v Apand (p201) 39. Bolton v Stone (p187) 40. Haley v London Electricity Board (photocopy) 41. Pairs v Stepney BC (p190) 42. WATT v HERTFORDSHIRE COUNTY COUNCIL [1954] 1 WLR 835 DENNING LJ: †¦ It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. Full text SINGLETON LJ: The plaintiff was employed in the fire service under the control of the defendants and he was stationed at Watford. He had a serious accident on 27 July 1951, as a result of which he brought this action, claiming damages for negligence. His case is that the defendants undertook to exercise the care which they owed to him and to other men employed in the fire service, and he gives particulars of negligence. There are always firemen on duty at the fire station at Watford, and on 27 July 1951, an emergency call was received there to the effect that there had been an accident and that a woman was trapped under a heavy vehicle about two hundred or three hundred yards away. In view of the nature of the emergency the officer in charge, Sub-officer Richards, gave directions that two teams of men should go out, and he himself went with the first team. It was clear that there might be need for lifting apparatus of some kind, and at the fire station there was a jack capable of raising heavy weights. The jack did not belong to the fire service. It was the property of London Transport Executive, whose practice it is to lend out jacks of this kind to various fire stations, and, perhaps, to other bodies, so that they can be on call in case of need. Thus, the jack was on loan to the defendants at this fire station. It is only on rare occasions that there is an emergency call requiring the services of a jack of this kind. The plaintiff had been in the fire service in Hertfordshire since 1939, and he had only known of one emergency call on which a jack was required. The defendants had an Austin vehicle fitted to carry this jack. The fire station at Watford is not a large one, and it had not a great many vehicles. The Austin vehicle was the only one fitted to carry the jack, but it was not kept purely for that purpose. It had other services to perform during part of the week, and on this day it was properly out on other service. The jack stands on four small wheels, two of which are castored, which means that they may turn all the way round the circle. There was at the fire station only one vehicle on which the jack could be carried in the absence of the Austin vehicle, a Fordson lorry, and before leaving with his team Sub-officer Richards told the leading fireman in charge of the second team, of which the plaintiff was a member, to take the jack on the lorry. Consequently, the five men in the second team lifted up the jack, which weighed between two and three hundredweight, and put it on to the flat Fordson lorry, which had boards at the sides and a tailboard. They got on the lorry themselves, two in the front seat, and three sitting in the body. The plaintiff was in the forward part of the body on the right-hand side, and the other two men there were, perhaps, a little further back and on the other side, and they held the jack somehow. Obviously there might be movement of the jack in the lorry, for there were no means of securing it, no place on which anything could be tied, and no built-in system which would prevent movement. There was, therefore, a risk. The men knew what they were doing. They started their journey, which was only two hundred or three hundred yards. But on the way something happened to cause the driver to apply his brakes suddenly, the jack moved inside the lorry, the plaintiff’s leg was caught, and he was injured. In these circumstances he claimed that the defendants, his employers, were negligent in that they ‘(a) failed to load or secure the said lifting jack in such a way that it could not become dislodged;(b) loaded the said lifting jack in such a way that they knew or ought to have known it was likely that if the said lorry pulled up suddenly the same would become dislodged and cause injuries to any person riding on the back of the said lorry;(c) permitted and/or caused the laintiff to ride on the back of the said lorry on to which the said lifting jack had been loaded as aforesaid;(d) caused or permitted the said jack to be transported on the said lorry which as the defendants knew or ought to have known was not provided with clips straps or other suitable means to secure the same;(e) failed to provide any or any adequate supervision of the loading of the said jack on to the said lorry’; and it was claimed that the plaintiff’s accident was due to negligence, and that he was entitled to recover damages against the defendants. Barry J heard the action, and on 16 December 1953, he gave judgment in favour of the defendants, holding that it was not shown that they had been guilty of any negligence towards the plaintiff or towards their other employees. I am in complete agreement with his judgment. The fire service is a service which must always involve risk for those who are employed in it, and, as counsel for the plaintiff pointed out, they are entitled to expect that their equipment shall be as good as reasonable care can secure. An emergency arose as often happens. Mr Richards, the sub-officer who had given the order, was asked in re-examination: ‘From your point of view you thought it was a piece of luck, with this unfortunate woman under the bus, that the Fordson was available and you could use it? A. – Yes. It is recognised in the service that we use our initiative at all times, and in doing so any reasonable step you take is considered satisfactory if it is a question of saving life. You have to make a sudden decision. ’ It is not alleged that there was negligence on the part of any particular individual, that the driver was negligent in driving too fast, or that Sub-officer Richards was negligent in giving the order which he did. The case put forward by counsel for the plaintiff in this court is that, as the defendants had a jack, it was their duty to have a vehicle fitted in all respects to carry that jack, from which it follows, I suppose, that it is said a vehicle must be kept at the fire station at all times, or that, if there is not one, the lifting jack must not be taken out. Indeed, counsel claimed that, in the case of such an occurrence as this, if there was no vehicle fitted to carry the jack, the sub-officer ought to have telephoned to the fire station at St Albans and arranged that they should attend to the emergency. St Albans is some seven miles away, and it was said an extra ten minutes or so would have elapsed if that had been done. I cannot think that is the right way to approach the matter. There was a real emergency. The woman was under a heavy vehicle. These men in the fire service thought they ought to go promptly, and thought they ought to take a lifting jack, and they did so. Most unfortunately this accident to the plaintiff happened. The duty owed by employers has been stated often. Lord Herschell in Smith v Baker & Sons said ([1891] AC 362): ‘It is quite clear that the contract between employer and employed involves on the part of the former the duty of taking reasonable care to provide proper appliances, and to maintain them in a proper condition, and so to carry on his operations as not to subject those employed by him to unnecessary risk. The employee in this case was a member of the fire service, who always undertake some risk, though, according to counsel for the plaintiff, not this risk. Is it to be said that, if an emergency call reaches a fire station, the person in charge has to ponder on the matter in this way: Must I send out my men with the lifting jack in these circumstances, or must I telephone to St Albans , seven miles away, to ask them to undertake the task? I suppose he must think about his duty, but what would a reasonable man do placed as he was? Would the reasonably careful head of the station have done anything other than that which Sub-officer Richards did? I think not. Can it be said, then, that there is a duty on the employers here, the defendants, to have a vehicle built and fitted to carry this jack at all times, or, if they have not, not to take the jack for a short journey of two or three hundred yards? I do not think that will do. Asquith LJ in Daborn v Bath Tramways Motor Co Ltd & Trevor Smithey said ([4946] 2 All ER 336): ‘In determining whether a party is negligent, the standard of reasonable care is that which is reasonably to be demanded in the circumstances. A relevant circumstance to take into account may be the importance of the end to be served by behaving in this way or in that. As has often been pointed out, if all the trains in this country were restricted to a speed of five miles an hour, there would be fewer accidents, but our national life would be intolerably slowed down. The purpose to be served, if sufficiently important, justifies the assumption of abnormal risk. ’ The purpose to be served in this case was the saving of life. The men were prepared to take that risk. They were not, in my view, called on to take any risk other than that which normally might be encountered in this service. I agree with Barry J that, on the whole of the evidence which was given, it would not be right to find that the defendants as employers were guilty of any failure of the duty which they owed to their workmen. In my opinion, the appeal should be dismissed. DENNING LJ: It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. I agree with my Lord that this appeal should be dismissed. MORRIS LJ: I also agree. The accident in this case came about as a result of a somewhat unusual concatenation of circumstances. There had for a long time been no call for the use of the jack. Any such call, according to the evidence, was extremely rare. It so happened that a call came at a time when the Austin vehicle which would normally have carried the jack was otherwise engaged. I do not think it can be said to have been unreasonable to have had the Austin vehicle for use in the way that was arranged. Had the fire station been larger, had there been unlimited resources, unlimited space, and an unlimited number of vehicles, then it may be that another fitted vehicle would have been available. But that was not reasonably practicable or possible. When the call for the jack came, Mr Richards had to decide what to do, and I do not think that it would have been in accordance with the traditions of the fire service if he had said that he could do nothing other than call on St Albans. What he decided to do was in accordance with the practice of the fire service. Mr Bottin, the assistant chief officer in the London Fire Brigade, speaking of the provision of jacks, pointed out that in London there are twenty-nine sets of lifting gear, one being provided for every two stations. He said in evidence: ‘Q. Can you always undertake that that one vehicle will be available for the transport of a jack? A. – No. Q. – In your view is it reasonably practicable for a fire service to adapt all of its vehicles for the transport of jacks? A. – No. I would not think it was reasonable. Q. – You have been a station officer, have you not? A. – I have. Q. – Supposing you found yourself in charge of a stati on, and supposing the equipment available was not that most suitable for the purpose but you found that human life was in danger and you might save it by adopting a method not entirely suitable, what in your view would be your duty as a station officer? A. – I have had that experience, and I did not hesitate to get the equipment there as quickly as possible. ’ As I have said, I think Mr Richards acted in accordance with the traditions of the service, and I cannot for one moment think that the employers could be held responsible as having failed in the performance of their duties. I agree that the appeal fails. 43. Rogers v Whitaker (p189) 44. Barnett v Chelsea Hospital 45. March v E. & M. H Stramare Pty. Ltd.

Advantages of trade liberalization Essay

During these last decades, the world economy has experienced rapid growth. This growth has been fueled in part by the more rapid growth of international trade. Trade growth, in turn, results from both technological developments and concerted efforts to reduce barriers to trade. Some developing countries have opened their economies to take full advantage of opportunities for economic development through trade, but many are those who abstained. Trade barriers that persist in industrialized countries are concentrated on agricultural products and manufacturing intensive labor, for which developing countries have a comparative advantage. The pursuit of trade liberalization, particularly in these areas, both industrialized and developing countries, help the poorest out of extreme poverty while also benefiting the industrialized countries themselves. Policies that open economy to trade and investment around the world are essential to sustained economic growth. For several decades, no country experienced economic success, demonstrated by the substantial increase in living standards of its people, without being open to the rest of the world. Conversely, opening to trade – as well as foreign direct investment – was an important element in the economic success of East Asia, where over the last 20 years the average import duties fell to a level of 30 % to 10 %. China for example, remained closed in 2003 based on the undivided power of the Communist Party and its black market exchange rate premium, which averaged 36% between 1990-1999 (Easterly and Sewadeh, 2002). In addition, China had a relatively high average tariff rate, 31%, between 1990-1999. Today, we can  admit that China is perhaps the best example of the positive connection between openness and economic growth. Reforms in China transformed it from a highly protected market to perhaps the most open emerging market economy by the time it came into the World Trade Organization at the end of 2001 (1). The opening of their economy to the world market is the key factor that has enabled many developing countries to develop comparative advantages in the manufacture of certain products. In these countries that the World Bank called â€Å"new globalists† the number of people living in absolute poverty has declined by more than 120 million people (14% ) between 1993 and 1998 (2). There is a considerable number of facts showing that countries that are more open to the outside tend to consistently grow faster than those which are closed onto themselves (3). In fact, we can see that the benefits of trade liberalization can be more than ten times higher than its Cost. Countries that have opened their economies in recent years, including India, Vietnam and Uganda, have experienced faster growth and a more pronounced reduction of poverty (4). On average, those developing countries that have strongly reduced their tariffs in the 1980s have grown faster than other growth during the 1990s. Trade liberalization often particularly benefits to poors. The increased growth resulting from trade liberalization tends to increase the incomes of the poors in general at the same proportions as those of the entire population (5). New jobs are created for unskilled workers, enabling them to enter the middle class. Generally, inequality between countries has been declining since 1990 , reflecting the fastest economic growth in developing countries, which is partly due to the trade liberalization. Trade liberalization reduces the cost of living. For example, in the EU Member States, services such as transport, energy, postal services and telecommunications have previously been provided by national organisations with exclusive rights to provide a given service. By opening up these markets to international competition, consumers can now choose from a number of alternative service providers and products. Opening up these markets to competition has also allowed consumers to benefit from lower prices and new  services which are usually more efficient and consumer-friendly than before. This helps to make the economy more competitive (6). The elimination of the remaining trade barriers is likely to provide significant gains. Gains from the removal of all barriers to merchandise trade are estimated between 250 and 680 billion dollars per year. Approximately two thirds of these gains accrue to industrialized countries. But the amount for developing countries would still be more than two times higher than the support they currently receive. Further trade liberalization would benefit more, as a percentage of their GDP, to developing countries than to industrialized countries because their economies are more strongly protected and they face higher barriers. Although an improved access to the markets of other countries has advantages, liberalizing their own market is the most profitable to the countries. For industrialized countries, the main benefits come from the liberalization of agricultural markets. Developing countries benefit equally to liberalize their manufacturing and agriculture. Sources 1. http://blogs.worldbank.org/opendata/bert-hofman-chinas-economy-7-favorite-number For China’s Economy, 7 Is a Favorite Number, video April 24 2014 https://www.imf.org/external/np/apd/seminars/2003/newdelhi/lardy.pdfTrade Liberalization and Its Role in Chinese Economic Growth, Nicholas R. Lardy, New Delhi, November 14-16, 2003 2. World Bank : Globalization, Growth, and Poverty : Facts, Fears and an Agenda for Action 3. Example: Jeffrey Frankel et David Romer, â€Å"Does Trade Cause Growth?†,American Economic Review, juin 1999 4. David Dollar, â€Å"Globalisation, Inequality, and Poverty since 1980†, World bank 5. David Dollar and Aart Kraay, â€Å"Trade, Growth, and Poverty†, World bank 2001 6. http://www.wto.org/french/thewto_f/whatis_f/10ben_f/10b04_f.htm La libà ©ralisation des à ©changes rà ©duit le coà »t de la vie, Organisation Mondiale du Commerce http://perso.univ-rennes1.fr/denis.delgay-troise/CI/Cours/REI111.pdf L’à ©volution des à ©changes internationaux

Globalization, Australia and the Asia-Pacific Essay

In terms of international relationships, â€Å"the end of the second millennium and the start of the third are characterized by two developments of major importance†¦ the successful conclusion of the most ambitious round of multilateral trade negotiations in the history of humankind [and the] proliferation of regional trading arrangements unprecedented at any period in history. † Through it all, Australia has been a major participant in these agreements. Owing to the steady progress of Australia’s economy and politics, it has been involved in all of the international policy-making in that span in history. However, due to these numerous activities, there are different circumstances that require variations of these treaties. Multilateral trade treaties are trade agreements made between multiple nations, over multiple regions, at one time. Although multilateral treaties are generally complex and difficult to negotiate and implement, these treaties are very powerful when all interested parties agree on it. The primary advantage of multilateral treaties is the equal treatment, at least relatively, of all parties, regardless of size or power. Examples of these are Australia’s â€Å"Protocol of 1988 relating to the International Convention for the Safety of Life at Sea†, â€Å"United Nations Convention on Conditions for Registration of Ships† and â€Å"Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation†. Regional trade treaties are parallel to multilateral trade treaties. Both are generally complex and involve multiple countries. However, they do institute a condition that has both advantages and disadvantages. Regional trade treaties are confined to countries within a certain geographic area, such as the Americas, the Atlantic or, in Australia’s case, the Asia-Pacific region. This comes from the perspective of â€Å"conceiving of the world in terms of structures is what some analytical perspectives in international relations and the social sciences more generally suggest. † according to Breslin. The obvious disadvantage of regional trade treaties is that it would exclude other countries from the agreement. There are, however, advantages that outweigh this negative aspect. Regional agreements would be easier to negotiate since countries within a certain geographic area generally have similar or related economic products, conditions and concerns. Such agreements would also mean that the general concerns of that certain area are given due consideration when viewed by the rest of the international community. Examples are the â€Å"Free Trade Area of the Asia-Pacific Region† and â€Å"South Pacific Regional Trade and Economic Cooperation Agreement†. Bilateral trade treaties are the simplest and most basic agreements. These are the agreements negotiated exclusively between to countries. Simple they may be, however, â€Å"the pursuit of discriminatory trading agreements is arguably the most dramatic development in intergovernmental relations in the western Pacific since the financial crises of 1997-98†, in Jayasuriya’s view. An example of this is Australia’s â€Å"Treaty between Australia and the Republic of Austria concerning Extradition† Australia resides in the South Pacific area but has a mixed economy in the pattern of many Western countries. Its main exports are coal, gold, coal, gold, meat, wool, alumina, iron ore and wheat. It has strong relations with countries in Asian, notably Japan and Korea, and Western countries such as Germany and the United States. Bilateral agreements would ensure mutually advantageous situations for Australia and its partner countries. This would go a long way in cementing international political relations as well as economic strength. However, bilateral agreements are limited in their potential to affect great international change. Regional trade agreements would prove to be more advantageous to Australia and the Asia-Pacific region. Their interests would be represented and protected in the international arena. However, the full potential to affect significant change is not realized when only a few countries are involved. Ideally, Australia should prioritize multilateral trade agreements because these are the ones that have to greatest potential to affect positive change in the international community. These are also the agreements the ones that require the most planning and negotiation and should be kept at the forefront for the process to be as quick as possible. BIBLIOGRAPHY Sampson and Woolcock, Regionalism, multilateralism and economic integration: The recent experience United Nations University Press, 2003 Amadeo, Kimberly, US Economy (2005) [http://useconomy. about. com/od/glossary/g/ multilateral. htm] accessed 06/04/08 Treaty Database DFAT online database, accessed: 06/07/08 [http://www. info. dfat. gov. au/info/treaties/treaties. nsf/WebView? OpenForm&Seq=2] Breslin, Shaun et al. , New Regionalism in the Global Political Economy: Theories and Case London: Routledge, 2002 Jayasuriya, Kanishka, Asian Regional Governance: Crisis and Change New York: Routledge, 2004

Movie review Much Ado About Nothing Shakespeare Assignment

Movie review Much Ado About Nothing Shakespeare - Assignment Example The beautiful transition from the comedy to tragedy even made the audience feel the desired effect that are usually created by Shakespeare in his plays (YouTube, â€Å"Much Ado About Nothing (1993)" - full movie†). The movie had several good moments with clear depiction of Shakespeare’s best comedy and hence could easily bring out the humour of the movie. Moreover, the director could successfully depict the different romance between the couples and defined a clear shift from comedy to tragedy. By holding on to the original plot, the director was successful in developing a clear picture of the different cases in that era. However, the movie deviated from depicting the facts of a romantic comedy. There were also several issues regarding characterisation and genre of the play that hindered the picturesque of the play (YouTube, â€Å"Much Ado About Nothing (1993)" - full movie†). The depiction of romance between the young couple was so appealing that it kept the audience glued and created a feel of anxiety. The conspiracies even were quiet appealing depicting the complicacies that were brewing in the minds of the offenders of the couple. The movie had a synchronised flow of events that successfully brought out the humour. The movie is worth watching and should be recommended to others to watch and enjoy the plots (YouTube, â€Å"Much Ado About Nothing (1993)" - full movie†). Dogberry in Shakespeare’s play was depicted to be a constable in charge of Messina. The character is depicted to be a sincere policeman, performing his jobs effectively. The character of Dogberry is depicted to be one of the middle class characters of Shakespeare’s plays and portrays a desire to speak elaborately and formally with the noble men. However, in the paly the character is depicted to be the chief of the police and is portrayed to be a character of high farce. The

Digital natives Essay Example | Topics and Well Written Essays - 1500 words

Digital natives - Essay Example It is quite alarming that modern people seem to forget that digital relationship is virtual and that it is quite different than the real relationship that exists outside the virtual world. The communication on the Internet can only remain at the stage of word exchange and there is no feeling and emotion attached to this type of communication. However, in face-to-face communication, one can hear every word that is articulated by the other person involved in the conversation. Perhaps, some people would argue that we could have video chat on the Internet to see the facial expression and hear the tone of the person. However, video still makes people feel far away from others. The reason why two people have video chat is that there is an unreachable distance between them and they hope to feel the intimacy of face-to-face communication via video chatting. Therefore, we can say that video is an imitation of face-to-face communication, an â€Å"unreal† in plain terms. Recently, I foun d out a kind of phenomenon that happens frequently with me as well as my friends. I usually add some people who go to the same school as me and make friends with them on the social networks, like Facebook and Wechat. I can chat with â€Å"net friend†, who is known for social network, very well, so I think this person has become my friend already. However, when I meet him or her on campus, the only thing that I feel is being strange and awkward instead of having great conversation as with normal friends.

Pointillism of A Sunday on La Grande Jatte Essay

Pointillism of A Sunday on La Grande Jatte - Essay Example ans do not have an idea as to what publications on color that Seurat studied, he undoubtedly relied upon features of these connecting theories in developing pointillism. Georges Seurat’s themes (1859 – 1891) addressed within his paintings were as well impressionist subjects, however, he portrayed them in some resolutely professional way. Seurat developed a disciplined as well as painstaking system for painting, which devoted itself in analysis of color. He had much less concern on immediate color sensations recording than he was with organizing them in some careful into some new type of pictorial arrangement. Seurat disciplined the free as well as fluent play for color, which characterized impressionism into calculated arrangement founded on scientific theory of color. Neo-Impressionism happens to be a term that is practiced on an Avant- garde movement of art, which flourished during the period between 1886 and 1906 in France. The Neo Impression circle artist, led by the good example, Georges Seurat, renounced the accidental spontaneity for impression in favor for some measured method that was grounded within science as well as the study for optics. Fortified by existing the writing on theory of color, the discourses of Eugene Chevreul, Odgen Rood and Charles Henry for instance, it came to the believe of Neo Impressionists that interwoven pigment’s separate touches lead to a superior color vibrancy within the eye of an observer than achieved by conventional pigments’ mixing on the palette. They felt that the careful paint application, as well known as Melange Optigue or optical mixture, would appreciate a lively sparkle of light on canvas. Separation of color through individual pigment strokes became to be referred to as divisionism and on the other hand, application of detailed dots of paint became to be called pointillism (Fred, 664). â€Å"Ile de la Grande Jatte† interprets as the â€Å"Big Bowl Island† as well as the enormous work done by Georges

Discrimination Legislation Essay Example | Topics and Well Written Essays - 250 words

Discrimination Legislation - Essay Example linguistically, as in a school, most individuals spoke different languages so, for better understanding of the lessons, these students had to be separated, and taught the same language, or example English before they joined again to form a set of class understanding the same language, this is just but an example of a positive gesture of an affirmative action. On the same note, employees got divided and taught the same rules, before being joined up again. At that time, affirmative action proved rather indispensable, considering the fact that, people had to be taught, the same language, in order to understand their roles, and duties in the particular organization, though, recently a research conducted by a PhD student at the university of Purdue showed that, some human resource managers have taken advantage of this, to embezzle themselves funds, so how do they do this? Well, one might be wondering the thing is after shuffling workers in a particular work station, the restriction they put is that, for any promotion to be awarded. Although the perpetual dislike for affirmative action, has been established in most countries, some countries more so the developing once, have emulated the idea, and are working out pertinent ways to have it

Evaluate the methods used to obtain qualitative and quantitive Essay

Evaluate the methods used to obtain qualitative and quantitive information on DNA methylation - Essay Example Varied methods for analyzing DNA methylation quantitatively and qualitatively exist, and they entail studying the polymerase chain reactions. Notably, the identified and widely procedures for analyzing DNA methylation both qualitatively and quantitatively include methylation-specific PCR(MSP), combined bisulfite restriction analysis (COBRA), bisulfite sequencing, methylation-sensitive single nucleotide primer extension (Ms-SNuPE), as well as, quantitative real-time MSP (Szyf, 2010 p 29). The use of each technique depends on the efficacy and intended information gain of the analysis process. Methylation-specific PCR technique involves the analysis of DNA methylation patterns in CpG islands. Thus, it is a qualitative technique of obtaining information on DNA methylation. The method involves the modification of the DNA using PCR with two primer pairs that are detectable in methylated and unmethylated DNA respectively (Ip, Canham, Choo, Inaba, Jacobs, Kalitsis, Mattiske, Saffery, Wong, Wong & Mann, 2012, p 9). The study of the methylation patterns focuses on the regulation of gene expressions as they occur in mammalian cells. This technique is useful from its advantages. Notably, it is highly sensitive and highly specific for particulate CpG sites, which makes it remarkably accurate. Additionally, the Methylation-specific PCR (MSP) facilitates for analysis of clinical samples, which have low levels of methylated sequences. The use of the restriction enzymes eliminates the problem of incomplete enzyme digestion; hence, giving accurate findings. The limitation of the techniq ue includes that incomplete bisulfite modification of the DNA gives false positivity results (Szyf, 2010 p 56). Further, poor design of the primers could give inconclusive results. Bisulfite sequencing technique entails the use of bisulphite treatment of the DNA to establish its pattern of methylation. It is a qualitative technique and was the first

Harvard Business Review Website Essay Example | Topics and Well Written Essays - 1000 words

Harvard Business Review Website - Essay Example Harvard Business Review Website The website provides an avenue where readers can access the articles on different business topics. Additionally, readers can follow their favorite topics on the platform quickly using the search button on the website. The online version of the Review provides readers and contributors with an interactive avenue. The users can interact with the contributors of specific articles by writing the reviews of the articles. On the other hand, the contributors can expound on particular aspects of their work to the readers through the comments and reviews section. The website allows users to access different numbers of articles based on their level of subscription. For example, new users on the site have access to only fifteen articles on monthly basis free of charge. Contrarily, subscribers to the website have unlimited access to various articles depending on their area of interest. The subscribers also have the freedom to comment on different articles by asking questions to the contributors. The Harvard Business Review website also allows users to specify the topics they can access. The specific content and updates on the website include sharing and saving capabilities, ability of following specific content and personalized recommendations. The site is designed to accommodate different devices such as tablets and mobile platforms, which provides users with a broad choice of reading platforms. The use of various devices allows users to access the website from various locations across the world.

How dialysis treatment for kidney failure relies on an understanding Essay

How dialysis treatment for kidney failure relies on an understanding of the principles of diffusion - Essay Example Maher states that an infection or physical injury to the kidneys can affect the dialyzing ability of the kidneys. A malfunction of the human kidneys can lead to the accumulation of poisonous molecules such as urea in blood (Maher, 1989). A toxic level of urea in blood is fatal. A dialyzing machine works like the kidneys. The difference between a dialysing machine and the human kidneys is the reverse dialysis, which returns small molecules like glucose to the body. The natural kidneys perform endocrine function, which is not possible in the dialysis machine (Maher, 1989). Chung Lee (2006) explains that dialysis is a short-term treatment option to sustain the lives of patients waiting for a kidney transplant. In 2006, research showed that in the globally there were over 1 million patients dependent on dialysis. In the United States 506,256, citizens were under dialysis treatment. In the United Kingdom data from the UK renal registry indicated that around 45, 484 adults were under dialysis treatment. There are two dialysis procedures available for patients experiencing renal problems: hemodialysis and peritoneal dialysis. Hemodialysis involves pumping the patient’s blood through an artificial dialysis membrane present in the dialysis machine. The waste products in the patient’s blood diffuse through the membrane to the dialysate. This movement occurs due to the presence of a concentration gradient between the two media. In peritoneal dialysis, the peritoneum in the abdominal cavity works as the dialysis membrane. The peritoneum has a dense capillary network, which makes it a suitable media for the dialysis procedure. The dialysate is pumped to the abdominal cavity via a catheter. In peritoneal dialysis, toxic substances diffuse to the dialysate through the blood capillaries semi permeable membrane (Maher, 1989). Cheng explains that a patient can self-administer peritoneal dialysis.

Management Concepts in Hospitals Essay Example | Topics and Well Written Essays - 750 words

Management Concepts in Hospitals - Essay Example Milton Siepman when appointed as the Chief Executive of General Health System, associating with Adventist Health Systems, is confronted with numerous challenges. The major ones that demand urgent attention from Mr Milton are as follows. Problem 1: The major problem that worries the CEO would the rising cost of health care operations that would cause severe constrains on the initiatives of General Health's various community based programmes. As the objective of the system is to ensure the health facilities to the needy and the poorest of the society it is necessary that new approaches need to be devised to ensure the successful implementation of sustainable health care schemes. Options available: The options are also available with Milton Siepman to prepare General health system to tide over such a difficult phase. One of the methods that are envisaged is to have corporate partnership with the various leading drug agencies to support the health cover programmes as part of their corporate responsibility. These medicines would be exclusive to General Health programme and would be explicitly mentioned on the package as an acknowledgement for this noble initiative. This would also be supported by incorporating a preferential sale policy for the products of the above said companies in the pharmacies attached to these hospitals. This would help the corporate houses to boost their medicinal sales volume by creating exclusive sales of their medicines but at the same time using these locations to support the needy and poor by providing the low priced medicines. Appropriate quality control systems would also be enforced to ensure that reduction in cost don't lead to the loss in standards and quality. In addition to this, the hospital services would be projected as a major place for other corporate houses that are not related to medical and health care but could be convinced to take up the role of a partner for their community support services. Problem 2: Employing specialist doctors in most of the needed domains of health care is another issue that demand immediate intervention. With the higher salary and other remuneration required for such type of specialists, to employ them regularly is not a feasible solution considering the General Health's financial performance. But most of the poor patients are undergoing very agonizing moments due to their inability to avail their services due to the very poor economic status. Even the existing government support may not be adequate to give them a reasonable level of comfort to approach a very specialized health care provider. Options available: A massive campaign has been planned among various specialists working across different regions to cooperate with General Health Systems in this connection. It is indented to associate them for the out door health support services of General Health units. These doctors would be contacted and the nearest outdoor unit to their location would be equipped to avail their facility. The patients would be contacted earlier and the profile and the status would be sent to the doctor for an assessment. Based on the reports attached doctors could make a judgment on the list of patients they would prefer to give their service at lesser cost. Problem 3: Improving pain and palliative

Coffee in the Philippines Essay Example for Free

Coffee in the Philippines Essay This Euromonitor market report provides market trend and market growth analysis of the Coffee industry in Philippines. With this market report, you’ll be able to explore in detail the changing shape and potential of the industry. You will now be able to plan and build strategy on real industry data and projections. The Coffee in Philippines market research report includes: Analysis of key supply-side and demand trends Detailed segmentation of international and local products Historic volumes and values, company and brand market shares Five year forecasts of market trends and market growth. Robust and transparent market research methodology, conducted in-country Our market research reports answer questions such as: What is the market size of Coffee in Philippines? What are the major brands in Philippines? How significant is vending in coffee distribution? How does the increasing nuber of speciality coffee shops impact retail sales of coffee? What are the future prospects for instant 2-in-1 coffee, 3-in-1 coffee and 4-in-1 coffee? How are coffee pods performing in Philippines? Why buy this report? Gain competitive intelligence about market leaders Track key industry trends, opportunities and threats Inform your marketing, brand, strategy and market development, sales and supply functions This industry report originates from Passport, our Hot Drinks market research database. Each report is delivered with the following components: Report: PDF and Word Market statistics: Excel workbook SAMPLE ANALYSIS TRENDS Instant coffee mixes continued to gain popularity in both off-trade and on-trade channels in 2010. Rising demand for these products was due to the ease in preparation with minimal time involved, which is highly valued by Filipinos with busy lifestyles and busy consumer foodservice operators as brewing fresh coffee makes it difficult to meet demand. Nevertheless, the type of instant coffee used in on-trade establishments is usually different from off-trade brands as food establishments with high volume consumption commonly work with coffee manufacturers to produce customised mixes made from freshly-ground coffee beans and with added flavours, but come in instant powder format. COMPETITIVE LANDSCAPE In 2010, Nestle Philippines continued to dominate coffee with an 81% share of off-trade volume sales and an 89% share of off-trade value sales. This was mainly due to the strong brand recognition of Nescafe, as its name is synonymous with coffee in the Philippines, and the extensive distribution network in both modern and traditional retail channels. The well-diversified product portfolio of Nescafe in instant coffee has also enabled the company to capture a broader range of consumers – from low-income Filipinos to health conscious coffee drinkers. PROSPECTS Longer working hours and busier lifestyles for Filipinos, along with the desire to streamline operations amongst foodservice establishments, are all expected to increase the demand for instant coffee mixes over the forecast period. Nevertheless, consumption of fresh coffee is expected to improve over the same period. Higher demand should be driven by a niche group of affluent consumers who are willing to pay more and focus on quality rather than convenience.

What is Linguistics?

What is Linguistics? The mighty one creates an extraordinary perfect creature among the other creatures that is called human. Human being has a highly developed brain since Adam who is the first mankind came to the earth. When he was born, God gave him three potential gifts of life in order to live on; they were physical needs, instincts, and mind. Mind as one of three potential gifts that human has; it is a gift that makes human different from other creatures. With this gift makes mankind is able to develop everything that occurred in his life for sake his living. That is a reason why human has been inventing something new time by time. Language as the most significant part in communication, that is able to connect between the human capacities for culture and language and it has been noted as far back as classical antiquity. On Contemporary Linguistics O’Grady, et al., wrote that: â€Å"Language is many things à ¢Ã¢â‚¬ Ã¢â€š ¬ a system of communication, a medium for thought, a vehicle for literary expression, a social institution, a matter for political controversy, a catalyst for nation building. All human beings normally speak at least one language and it is hard to imagine much significant social, intellectual, or artistic activity taking place in its absence. Each of us, then, has a stake in understanding something about the nature and use of language.† In Oxford Advanced Learner’s Dictionary of Current English, Hornby stated that â€Å"Language is the system of communication in speech and writing that is used by people of a particular country†. Language is a mean of mankind’s communication. There are many different genius unique languages in the world, such as Arabic, Bahasa, Dutch, Japanese, Turkish, Walsh, and English. English is a global language in the world; it is extremely growing and spreading in a whole countries. Except for Japan, because he stated that his strenuous Japanese language makes him as his honor and his personality as Nippon people. Based on the linguists, language divided into two parts, they are literature and linguistics. Literature, in cultural context, language is studied as the tool of literature’s birth. Literature is the art of written works. On Oxford Advanced Learner’s Dictionary of Current English, Hornby wrote that â€Å"Literature is pieces of writing that are valued as works of art, especially novels, plays and poems (in contrast to technical books and newspapers, magazines, etc.)†. Oxford Advanced Learner’s Dictionary of Current English, Hornby wrote that â€Å"Linguistics is the scientific study of language or particular languages: a course in applied linguistics†. Linguistics is called Generative Linguistics, studying not also a certain language but pays attention to analyze and comprehend every word, sound, its changes, function and so on in language. That is why linguistics consists of some major aspects of language. Commonly linguistics consists into some major subchapters, the first is anthropological linguistics; the study of the interrelationship between language and culture. Applied linguistics; the application of the methods and result of linguistics in such areas as language teaching. Also Historical linguistics; the study of how language changes through time: the language’s relationship to each other. Morphology is the study of the way in which words are constructed out of smaller meaningful units. The Method of the Research A method that the writer used in this research is descriptive method, regarding in this research the writer analyzes morphology, especially internal change, suppletion, and reduplication. The research describes in morphosemantic analysis of their form, position, function, and meaning as written in the aims of the research. Morphology Morphology is the branch of linguistics that identifying and studying words as grammatical units and word structured that introducing some common morphological phenomenon for modifying of variety of the word’s structure in order to express a new meaning and sign a grammatical contrast, such as internal change that a process in which substitutes one non-morphemic segment to another, suppletion is a morphological process whereby a root morphemes is replacing by a phonological unrelated form for indicating a grammatical contrast, and a process that duplicating part or all of the base to apply for marking a grammatical or semantic contras is called reduplication. Morphology derived from Greek words: morphe means form and logos means knowledge, and it is concerned with describing and explaining how the words are formed; it is the branch of linguistics that studies word formation and composition is called Morphology. McMannis, et al., (1987:117), in Language Files explains that â€Å"The study of how words are structured and how they are put together from smaller part†. Another linguist, Verhaar (2004:97) describes â€Å"Morphology is the branch of linguistics that identifies morphemes as grammatical unit†. Spencer et al., in The Handbook of Morphology (2001:1) describes that morphology as â€Å"†¦ The study of word structure and words are at the interface between phonology, syntax and semantics†. Then O’Grady et al., (1987:132) tell that â€Å"The system of categories and rules involved in word formation and interpretation is called morphology†. Morphology is the analysis, identification, and description of the word structure (words as units in the lexicon are the subject matter of lexicology). Words and Word Structures â€Å"The most reliable defining property of word is that they are the smallest free forms found in language. A free form is an element that can occur in isolation and or whose position with respect to neighbouring elements is not entirely fixed†. (Contemporary Linguistics: 132) In Oxford Advanced Learner’s Dictionary of Current English, Hornby stated that â€Å"Word is sound or combination of sounds that expresses a meaning and forms an independent unit of grammar or vocabulary of a language†. A speech sound or series of speech sounds that symbolizes and communicates a meaning without being divisible into smaller units capable of independent use. Yet word is the smallest of the linguistic units which can occur on its own in speech and writing (Richard et al., 1985:311). Furthermore, word formation is the creation of new words. A word can be stated if that word is in the base form. For example, the word singer ® {sing} + {-er}; sing is the base form. Figure 2.1 Words Consisting of One or More Morphemes Morphemes The traditional term for the most elemental unit of grammatical form is morpheme; from Wikipedia site, it is derived from the Greek word morphe meaning â€Å"form†. Britanica Concise Encyclopedia (www.answere.com) described that Morpheme as â€Å"The smallest grammatical unit of speech†. McMannis, et al., (Language Files: 117), wrote that Morpheme is â€Å"The minimal linguistic unit has a meaning or grammatical function†. While Lyons states that morpheme is â€Å"Such minimal units of grammatical analysis of which words may composed are customarily refered to as morpheme† (Introduction to Theoretical Linguistics: 170). Morpheme Classification Morphemes are divided into two basic categories; freestanding word and morphemes that are bound or attached (affixed) to other words. Each of these major categories can be subdivided further into two types, those morphemes that have more lexical content and those that are more grammatical in function. They are divided into two types: Free Morpheme, is morpheme which can stand alone and it has a meaning. The free morphemes with lexical content represent the major parts of speech, such nouns, verbs, adjectives, and adverbs. The free grammatical function morphemes include the minor parts of speech, such articles, preposition, and conjunction, among others. Based on McMannis, et al., (Language Files: 119) free morpheme is â€Å"A morpheme which can stand alone as words†; Abdul Chaer’s definiton (1994:151), free morpheme is morpheme that can appear in the pronunciation without the presence of other morpheme. Bound Morpheme, is the morpheme that cannot stand alone and it has no meaning, but should be bound (attached) to other morpheme to have a meaning. â€Å"A morpheme that must be attached to another element†. (O’Grady et al.,1987:134) and McMannis stated that bound morpheme is â€Å"The morpheme which are always attached to some other morpheme†. (Language Files: 119) Affixes Affix is a letter or sound or group of letters or sounds, which is added to a word that changes the meaning or part of speech of the word. (Richards, et al., 1985:7); â€Å"Affix is one or more sounds or letters occurring as a bound form attached to the beginning or end of the word base, or phrase or inserted within a word or base and serving to produce a derivative word or an inflectional form†. Different with roots, affixes do not belong to a lexical category and always bound morphemes. Affixes are divided into three types; prefix is affix added to the beginning of the word/morpheme (such as un-, re-, en-, etc.); infix is affix inserted into two other morphemes (such as in tagalong  ®-um, -in, etc.); and suffix is affix added to the ending of the word/morpheme (such as -able, -ness, -ing, -ly) Bases O’Grady, et al., (Contemporary Linguistics: 137) explains that base is â€Å"A base is the form to which an affix is added. In many case the base is also the root†. For example, the word ducks: the element to which the affix –s is added corresponds to the word’s root. Another case, however, an affix can be added to a unit larger that a root which it happens in word blackened that the past tense affix –ed is added to the verbal base blacken –a unit consisting of root the morpheme black and suffix –en. Common Morphological Phenomena Mankind’s language makes use of variety of operations or processes that can modify the structure of word, either by adding some element to it or yet by making an internal change, in order to express a new meaning or to mark a grammatical contrast. 1. Affixation The addition of an affix, a process known as affixation, is common in morphological process in language. Linguist distinguishes the affixation’s process into three types: Prefix, is word or syllable (e.g. co-, en-, ex-, non-, un-, pre-, re-, etc.) placed in front of a word to add or change the meaning of that word, e. g. en in enrich. Prefix also means word (e. g. Dr, Mrs, Mr, Sir, etc.) that paced before a person’s name as a title for someone. (Oxford Advanced Learner’s Dictionary, 1989:976) Infix, is a derivational or inflectional affix appearing in the body of word. (Wikipedia-2010). O’Grady et al., (1987:139) stated that â€Å"Infix is a type of affix that occurs within a base†. Somehow infixes are rarely pretty hard to find them in English. Suffix, is letter or group added at the end of a word to make another word, e. g. –y added to rust to make rusty, or as an inflection, e. g. –en in oxen (Oxford Advanced Learner’s Dictionary, 1989:1286). Suffix means an affix occurring at the end of a word, base or phrase. 2. Compounding Words may also be formed by stringing together other words to create compound words (Wikipedia-2010). On Contemporary Linguistics O’Grady, et al., (1987:143), wrote that â€Å"Compounding is the combination of lexical categories (nouns, adjectives, verbs, or prepositions) to create a larger word†. Compounding in English is unlimited, for examples: Figure 2.2 Samples of Compounding 3. Internal Change On Contemporary Linguistics O’Grady, et al., (1987:141), wrote that â€Å"Internal change is a process that substitutes one non-morphemic segment for another†. For example, look at the table below. Figure 2.3 Internal Change in English In his book, he divided internal change into: Ablaut Ablaut is a systematic variation of vowels in the same root or affix or in related roots or affixes esp. in the Indo-European languages that is usually paralleled by differences in use or meaning. For example, sing (present)  ®sang (past); the term ablaut is often used for vowel alternations that mark grammatical contrast in this way. Umlaut Umlaut is the change of vowel that is caused by partial assimilation to a succeeding sound or that occurs as a reflex of the former presence of a succeeding sound which has been lost or altered (as to mark pluralization in goose ®geese or mouse ®mice). Umlaut involves the fronting of a vowel under the influence of a front vowel in the following syllable. Despite the internal modifications above, the following describes another pattern of internal change (Language Files: 131): The usual pattern of plural formation that is â€Å"To add an infectional morpheme, some English plurals make an internal modification: man but men†. The usual pattern of past and past participle formation is â€Å"To add an affix, but some verbs also show an internal change†; for example: ring, rang, rung; sing, sang, sung, etc. 4. Suppletion Contemporary Linguistics, (1987:142), explained that â€Å"Suppletion is a morphological process whereby a root morpheme is replaced by a phonologically unrelated form in order to indicate a grammatical contrast†. From Wikipedia confirmed that â€Å"In linguistics and etymology, suppletion is traditionally understood as the use of one word as the inflected form of another word when the two words are not cognate†. â€Å"Suppletion is the replacement of one stem with another, resulting in an allomorph of a morpheme which has no phonological similarity to the other allomorphs†. The statement took from SIL International. For an example of this terrific phenomenon in English is the use of went as the past tense form from the verb go, or was and were as the past tense forms from be. In some cases, it is hard to differ between suppletion and internal change as in think (thought) and seek (sought). 5. Reduplication Another magnificent common morphological process in certain language (but not English) is reduplication which duplicates all or part of the base to which it applies to mark a grammatical or semantic contrast. (Contemporary Linguistics: 143) The process of reduplication is dividing into two phenomena types that usually are used in English, the first one is full reduplication and another one is partial reduplication. Full reduplication is the repetition of the entire words. For examples in Indonesian language: orang (man)  ®orang-orang (all sorts of men), anak (child)  ®anak-anak (all sort of children); it is used to indicate intensity. Partial reduplication is copies only part of the word. For example in Tagalog language: takbuh (run)  ®tatakbuh (will run), lakad (walk)  ®lalakad (will walk). The repeating of parts of words to produce new forms is called reduplication. Producing new coinages have often appeared at times of national confidence; when an outgoing also playful nature is expressed in language, for example during 1920’s following the First World War in which when many nonsense word pairs were coined such as the bees knees, heebie-jeebies, etc. The linguists believe that the introduction of such terms begin with Old English and continues today. Willy-nilly, riff-raff, helter-skelter, arsy-versy (a form of vice-versa), hocus-pocus all date from the 16th century. Today, new coinage word is coming up to date; we have bling-bling, boob-tube and hip-hop. The other example of reduplication are ding-dong, see-saw, tick-tock, zig-zag, blah-blah, bye-bye, choo-choo, chop-chop. Hypertension: Signs, Risk Factors, Treatments Hypertension: Signs, Risk Factors, Treatments Contents (Jump to) Introduction Anatomy, physiology and Pathophysiology of hypertension Risk factors that are associated with hypertension i. Age. ii. Gender. iii. Activity level iv. Diet v. smoking vi. Family history Signs and symptoms of hypertension Diagnostics and tests for hypertension Treatment of hypertension 1. Change of lifestyles 2. The use of medicine Complications that may result from hypertension How hypertension process affects the body system Circulatory system Digestive system Nerves system Endocrine system Respiratory system Necessary nutrition for hypertension patients Planning and teaching on patient discharge. References Introduction In his article, â€Å"Hypertension Guide May Affect 7.4 Million†, Gina Kolata observes that approximately two-thirds of American aged above 60 years are likely to server from hypertension. This is supported by the fact that; there are so many people who are admitted to various hospitals suffering from hypertension. Some people have also been admitted to various nursing homes where they are on receiving with medication (Kolata, 2013, December 19). A good example is H.K., who is 80 years old widow female. She was born in India and she only speaks one language, Punjabi. H. K was admitted to a nursing home on 06/07/2013 due to depressive disorder requiring assistance with ADLs. She is on DNR code status and no allergies. I believe she chose for DNR code given that she is at her advanced age. However, it is worth nothing that the decision for a DNR code is not the easiest one any person can make in their lives. Under these instructions, it is evident that H.K treatment only involves the treatment of symptoms that are as a result of pain or rather shortness of breath to just facilitate comfort. This however does not in any way prolong her life. Given her condition, H. K is actually suffering from hypertension. In reference to the case study above, this paper will be giving a comprehensive and consistent facts about hypertension. In support of these facts, this paper will majorly focus on various aspects of the disease. In particular, the paper will be looking at the anatomy and physiology as well as the risk factors that are associated with hypertension. In addition, this paper will also mention the signs and symptoms, diagnostics, treatment and complications of this disease. Moreover, this paper will go further and indicate how the disease process affects the body system, the nutrition information that is necessary for the patients as well as the required planning and teaching on patient discharge. Anatomy, physiology and Pathophysiology of hypertension Commonly known as high blood pressure, hypertension is a prominent blood pressure which clinically is considered to be higher than 140/90 mm/Hg. Once blood pressure in the arteries is high then the heart has a big task of pumping blood throughout the blood vessels (Culpepper, 1983). Basically, the two types of blood pressure that are measured include systolic and diastolic measures. Systolic measure is done when the heart contracts after a beat in order to let blood out of the ventricular while diastolic measure takes place during the relaxation of the ventricular, and thus, being filled with blood. Hypertension occurs when there is an increase resistance of blood flow, even though the cardiac effects remains the same. High blood pressure is normally classified into two; essential/primary hypertension and secondary hypertension. In comparison of these two, primary hypertension does not need any serious medical attention but then a lot of consideration must be channeled towards secondary hypertension because it can result to various effects on the body (Wylie, 2005). There are many pathophysiology mechanisms that are involved in the development of primary hypertension. These include peripheral resistance as well as cardiac output. These two are responsible for arterial pressure. Meanwhile, heart rate and stroke volume are the two determinant of cardiac output. Stroke volume is also influenced by two factors. These include; myocardial contractility in conjunction with the vascular compartment. On the other hand, peripheral resistance occurs as a result of the structural changes of the arteries and arterioles (CEACCP, n.d.). Risk factors that are associated with hypertension Numerous diseases have many risk factors that in one way or another contribute or rather lead to these diseases. Likewise, there a number of risk factors that are known to be associated with hypertension. Some of these factors includes; Age. This is one important risk factor that is associated with hypertension. The more advanced in terms of age an individual becomes, the higher the chances of developing hypertension. Gender. Men forms the large portion of high blood pressure as opposed to females Activity level Individuals who engages in a lot of exercises and who are more active in their old age are less likely to server from hypertension as compared to those people who are in an inactive physically. Diet Salt has been found to have a higher impact of contributing to high blood pressure smoking Smoking is a risk factor in many diseases. Likewise it is also a risk factor and can contribute to hypertension. So people are highly encouraged to quit smoking. Family history Even though research is still being done to confirm the preliminary indications that, an individual who comes from a family which has been diagnosed with hypertension has a high probability of suffering from this disease (Guyton Hall, 2006). Signs and symptoms of hypertension There are a number of signs and symptoms that are associated with high blood pressure. However, it is important to note that there are no direct symptoms that solely can be considered or linked to hypertension. The situation is even made difficult by the fact that most signs that can be deemed to associate with high blood pressure can also result from normal blood pressures. Some of these symptoms include; fatigue, dizziness, nose-bleeding as well as severe headache (Hypertension, n.d). As it can be observed, the above symptoms also occurs in other diseases as well. So when these symptoms start showing up, a person suffering from high blood pressure will also shows some other signs such as vomiting, restlessness, having a blurred vision as well as shortness of breath. Hypertension can now be more suspicious if a person shows other signs like, variation in the mental abilities that is characterized by being confused and eventually leading to a coma. Other signs that will indicate hypertension includes having a heart attack or heart failure, experiencing a lot of pain in the chest, fluids in the lungs, and severe swelling of the brain (Hypertension, n.d). These symptoms are also accompanied by kidney failure, damage of the brain, heart as well as the eyes. Diagnostics and tests for hypertension There are many examinations that can be used to indicate if a patience with above mentioned symptoms and signs is suffering from high blood pressure. The first step is to measure the blood pressure levels. This is done through a series of steps as indicated below; A patient is required to sit down with both feet on the floor for at least five minutes. The patient’s arm should also rest peacefully on the arms of the examination chair. Once the patient is sited relaxing on the chair, a cuff that is attached to the dial is then rubbed around his/her arm. It is important to note that it is the upper arm and not the lower arm. The purpose of dial is actually to show or rather indicate the level of blood pressure. The responsible professional who in most cases is the nurse pumps the cuffs so that blood flow can be stopped. Once this is done, the nurse slowly and carefully loosens the cuff and with the aid of a stethoscope the nurse listens to the blood pressure particularly in the elbow. This is what is refereed to systolic measurement of blood pressure. Eventually the nurse loosens the cuff further and blood start flowing normally until the heart beat cannot be heard through the elbow. This is what is called the diastolic tests. If through these test, there is a convincing indication that indeed the blood pressure of the patient is high, then definitely the doctor will indicate that the patient should return for two to three more similar tests so that the blood pressure can be confirmed (Hypertension, n.d). There are other tests that can be carried out to supplements the tests above. These include; the test for glucose, urine examination, blood tests for determination of potassium levels as well as examination of the kidney functionality (Black, 1999). Treatment of hypertension Generally, there are two approaches that can be used to treat hypertension. These include; change of lifestyles as well as well as the use of medicine. Change of lifestyles There are a number of lifestyle changes that can be adopted and help in dealing with high blood pressure. These include; (a) try as much as possible to reduce body weight. This is because it has been found that high blood pressure is directly proportion to the rate of increase of body weight. In addition, losing weight allows the various medication that are taken to work more efficiently and effectively (b) eating a well-balanced diet that is rich of fruits with reduced salt and fats (c) being active in participating various physical activities. These activities should be undertaken on a daily basis and not just on the weekends (d) reduce alcohol, caffeine as well as tobacco as much as possible (e) avoid all forms of pressure or stress in this case because actually they tend to increase the level of blood pressure (Diseases and Conditions, n.d). The use of medicine Hypertension can also be treated medically using the following drugs; the use of beta-blockers to reduce rate at which the heart beats, use of angiotensin, Diuretics and alpha1-adrenergic (Hypertension, n.d). Complications that may result from hypertension There are numerous complications that may occur due to hypertension. The major common ones include; thickening of blood vessel, this will lead to coronary heart disease, heart failure because of exhaustion of the heart due to the increased load of pumping blood, hypertension also increases chances of cardiac arrhythmias. Hypertension can also lead to stroke as well as diabetes as a result of some drugs that are used to treat it. Men are likely to suffer from sexual dysfunction while females who have high blood pressure have been found to have problems during pregnancies. In addition, blood vessels that supply the brain may be damaged leading to dementia (Simon, 2013) How hypertension process affects the body system Circulatory system One of the most affected body system as a result of hypertension is the circulatory system. This is because, when the heart pumps blood too fast, it may rupture capillaries and arteries (Simon, 2013). Digestive system The digestive system is also affected by high blood pressure. This results due to the fact that, capillaries and arteries are responsible for supplying the stomach with the necessary blood for digestion to take place but once they have been damaged, then the stomach which is part of digestive system is not able to carry its functions well (Simon, 2013). Nerves system The nerves system is also affected by high blood pressure. This occurs due to the fact that arteries are responsible for supplying blood to the brain. If they get damaged due to the high blood pressure from the heart then the functions of the nerves system are impaired and this may definitely lead to dementia (Gregson, 2001). Endocrine system The endocrine system actually has a great contribution to secondary hypertension. This is because, hyperaldosteronism, Cushing’s syndrome as well as pheochromocytoma which are endocrine diseases have been found to contribute to high blood pressure (Gregson, 2001). Respiratory system The respiratory system is also affected by high blood pressure because of the damage that may be caused to the kidney. Poor material flow to muscle tendons as the functionality of different blood vessels is impaired will lead to adverse effects on the muscular system (Gregson, 2001). Necessary nutrition for hypertension patients The major consideration of nutrition is to try and reduce weight. Thus eating more fish, foods which contain fiber, vegetables and fruits is an ideal diet for patients suffering from high blood pressure. In addition all daily fat products should be avoided. Moreover, foods that are rich in calcium, magnesium and potassium are also highly recommended. On top of that, avoid red meet at all cost but then white meet from turkey and chicken is recommendable (Culpepper, 1983). Planning and teaching on patient discharge. Once a hypertension patient has been discharged, it is better for him/her to follow some guidelines which in this case include; taking medicines as directed by the physician, being taught to know the facts of the disease. This will assist the patient to prepare himself psychologically and in the process avoid all forms of stress which may arise. Another important thing that the patient must observe also is to constantly engage in various physical activities. This will also help the patient decrease his blood pressure. The patient also needs to be keen with regard to the foods he will be taking and try to avoid a lot of salt as well as any fat related foods (Diseases and Conditions, n.d). An important fact also the patience should be taught is some symptoms like severe headache, weakness in lower or upper arm, trouble when breathing and difficulties when speaking. Once the patient has experienced these signs, he should call for help immediately References BJA: CEACCP. (n.d.). Hypertension: pathophysiology and treatment. Retrieved March 3, 2014, from http://ceaccp.oxfordjournals.org/content/4/3/71.full Black, E. R. (1999). Diagnostic strategies for common medical problems (2nd ed.). Philadelphia: American College of Physicians. Culpepper, W. S. (1983). Cardiac anatomy and function in juvenile hypertension. 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