Memories of My College Life Essay

When I was younger and someone asked me what I wanted to be when I grew up it was always the same response, a Nurse. In fifth grade I broke my wrist on Thanksgiving Day. I was jumping on the bed and got pushed off and of course I had to immediately go to the hospital. Once we got there the Nurses were super nice and took care of me the whole time. Since that moment, I have just wanted to have the same effect on other people as they did for me. Also I want to be the first to graduate from college in my family. I want to show my family that I will succeed in life just like they want me to. My family wants to me to get a good job and not have to worry about money so much unlike they have. My parents showed me how important it is to continue schooling. They live paycheck to paycheck and I know what it feels like to not be the kid with more money. I don’t want to have to live like that or have my future family have to live like that. I want to show everyone that I can do it and make a difference in people’s lives. College will help me become a Nurse and do what I have always wanted to. I want to be able to be a travel Nurse and help people in poorer areas that can’t travel to hospitals and help them get better and know that they have a chance to live again. I have always wanted to make a difference and fortunately JJC will help me do that. Right now especially it is important to get a degree in something because our economy is not the best and you need a lot of schooling to go far. That’s why I am here at JJC to better my life and other people’s life too.

My Fieldtrip

My Visit to Muir’s Chapel On February 28, 2010, I went on a fieldtrip to a Methodist church called Muir’s Chapel United Methodist Church (UMC). The church was founded in 1822 when Jeremiah Dodson, a local preacher from the west, held services under brush arbors and the shade of oak trees on the grounds. The church grounds were located behind where the current building is located at 314 Muir's Chapel Road Greensboro, NC 27410. After his services and charge began, the charge was organized and passed on to the Reverend Thacker Muir.Reverend Muir cut the first log for the first structure known as the â€Å"Log Meeting House. † In Reverend Muir’s honor the name was changed to Muir’s Chapel. After the deterioration of the log structure, it was replaced in 1875 by a one-room weatherboard building. Weatherboard is the cladding or ‘siding’ of a house consisting of long thin timber boards that overlap one another, either vertically or horizontall y on the outside of the wall, thus making the building waterproof.This building was eventually moved across the street to the cemetery when the present sanctuary was constructed in 1903. During the years of 1929 thru 1932 the Log Meeting House was enlarged, remodeled and brick-veneered, along with the first landscaping of the grounds. There is a replica of the Log Meeting House remaining on the grounds today. In the honor of Reverend Thacker Muir, the current building is still known as Muir's Chapel. In 1940, the first educational building, called the Smoak Building, was built and the following year the church received its first full-time pastor, W.Kenneth Goodson. There were annual Camp meetings at harvest time held in the Smoak Building until they were replaced by revivals, which were replaced at the turn of the century by Pre-Easter services. In the fifties, The Smoak Building was attached to the church, although it was then and currently still considered the educational wing of the church, it still carries the name â€Å"The Smoak Building,† which now houses the church offices. Year 1960, there was another addition added to the church called the Boren Building.This building was also dedicated to Reverend Thacker Muir in 1960. Since 1960 the Church has been rebuilt and remodeled several times, with the present sanctuary being completed in 1980. The latest addition to Muir’s Chapel is the Kale Christian Center which houses the Playschool, classrooms, and the contemporary worship auditorium. After doing careful research, I am still which I not sure when this addition began and when it was completed.Now that my readers have learned a little history of the church I visited for my field trip, I am now going to talk a little about what I experienced at Muir’s Chapel, which was a great experience I might add. As I was on the way to the church I made sure I did not have any pre-conceptions of my visit to this church. I wanted to be open-minded so that I could take in my experience and learn from it no matter if was good or bad. When I pulled into the parking lot I noticed there were not many â€Å"luxury† cars.In my opinion, this was the first sign of the members being non-materialistic. Then the church itself looked to be old with quite a few new additions, yet it is really appealing on the outside. But, when I got out of my car there was a white lady walking through the walkway across the lawn that immediately stopped and asked me how I was doing, and if I needed help. I immediately felt welcomed and I had only met one of the members of this church. She told me how to get to the sanctuary for the â€Å"Traditional Service† which started at 8:45 A. M.Once in the sanctuary and sitting down, a senior gentleman who looked to be around fifty or sixty years of age, as most of the congregation seemed to be, tapped on my shoulder and said it is good to have you here this morning, and if you do not already have a c hurch home please come back here with us. As readers can see this was the beginning of a very warming experience for me. The service began a little different from what I am used to. For starters there were only about 25 people at this service and they were all Caucasian, as I am used to an all African-American congregation.Nevertheless, the service began with the welcoming of the congregation and congregational concerns as I had never seen this in a Sunday morning service before. At my church I am used to praise and worship team singing songs of praise to open the service. There were no concerns, so immediately they went into song. The choir director stood in the pulpit directing the congregation to sing, not an actual choir, but the congregation. Still, I could not believe the choir director was directing from the pulpit. Later I was told congregation is the choir as there is no choir for this service.As I listened to the song and tried to take part in the singing of the song, I fo und it difficult to follow as it was sung like an opera song; very high-pitched. But once the preacher began to preach, by the way he preached on the strength to forgive, which by the way was the title of his message. Everyone became extremely quiet and sat still as possible. Me being Black, I was definitely not used to this. I am used people talking back to the preacher, saying for example: â€Å"You better preach preacher, tell them what the word says! At Muir’s Chapel it was a quiet as could be. Needless to say I did not say anything back to the preacher while he was preaching. In case some of my readers are wondering how I managed to choose this church being African-American and this church being predominately white, I was invited by my classmate Lisa Tanico who is one of the ministers of this great church. Anyway, once the service was over I met with Lisa and she began to take me on a tour of Muir’s Chapel. What I saw was amazing.Lisa and I had to pass through th e fellowship hall where there were refreshments offered such as coffee, juice, and biscuits with a side of bacon or sausage. This very rarely happens at my church unless it is a special occasion of some sort. I was astonished to find out there were several different refreshments served after each service. Lisa then took on a quick tour of the rest of the church as she needed to readily available to the members if one needed to talk or maybe ask for prayer. So we scurried on to the Contemporary service that was going on in one of the newer parts of the church.I was in this service for only about 15 minutes as this service started at 9:00 A. M. , and the Traditional service I attended started at 8:45 A. M. What little I saw was interesting. There was an actual choir at this service, and the choir had a Pop sound, which is closer to what I am used to hearing. At the end of this service Lisa had to leave to attend to some of the members of the church and I had to go to a dedication at m y church. But before my departure, Lisa did tell me that Muir’s Chapel was very involved in the community.This church is part of the Urban Ministry, inviting homeless and the less fortunate to come in and eat on certain days of the week. Muir’s Chapel also has several educational, sporting and biblical programs for the community, or just any one who may want to take part in participating. I am not sure which days, but either way just to know this church extends its arms out to the community in such away as this, if for no other reason at all makes me feel welcomed and privileged to have had the chance to visit this great Methodist church known as Muir’s Chapel.

Basic Elements in Research Assignment Example | Topics and Well Written Essays - 1000 words

Basic Elements in Research - Assignment Example On the other hand when conclusions about societies, groups and nations are made through evidences gathered from individuals then it gives rise to individualistic fallacy (Frankfort-Nachmias, 2008). 6. Write three researchable hypotheses, identifying their independent, dependent, and control variables. Clearly indicate the expected change in the magnitude and direction of the dependent and independent variables. A relationship that can be defined by variables in addition to those mentioned in the hypothesis is called a spurious relationship. Control variables are used to experiment that an observed relationship between dependent and independent variables is actually influenced by the independent variable mentioned in hypothesis (Frankfort-Nachmias, 2008). Co-variation is defined as those characteristics which are common in the two related variables, for instance, individuals with higher income have better lifestyle. This helps the social scientists to conduct research and determine whether the characteristics of one research variable are related to the characteristics of other variables (Frankfort-Nachmias, 2008). 9. when we speak of direction in social science research, what do we mean? What is the difference between positive and negative relations? What is meant by magnitude and by zero versus perfect relations?   When we speak about a particular direction in social science research we refer to the variable relationships which are either negative or positive. A positive relationship defines that when the value of one variable increases then other values also increase. Contrary to this a negative relationship explains that if value of one variable increases then all other values decrease. Magnitude defines the positive or negative co-variation of variables. The lowest magnitude is called zero relation and highest magnitude is known as perfect relation (Frankfort-Nachmias, 2008). Hypotheses are

Compare and contrast the civil rights movement with the harlem Essay

Compare and contrast the civil rights movement with the harlem rennaisance, - Essay Example ly-built suburb of Harlem.† Most of these people were educated, nonetheless, to their white neighbors they were just †Negroes.† At this time Harlem was still a predominantly white neighborhood. You guessed it, yes, the whites left Harlem making it vacant for more blacks to occupy. Blacks in the south, especially the educated ones, realized that they were not really freed; what was given to them was a pseudo-emancipation. Accepting this plight, most of them immigrated to the northern cities, mostly Harlem. And, Harlem became the most populated black city in America, and the most populated city in the north. ..steady deterioration of the races social and political position in America.... Although in the half century following emancipation a number of blacks successfully accumulated property and acquired an education, most remained poorly educated and mired in rural poverty. Even those who had achieved some material success saw these accomplishments threatened by the growth of segregation and racial violence. Supreme Court reinterpretations of the fourteenth and Fifteenth Amendments left blacks defenseless against the segregationist enactments of southern legislatures (6). Black writers from all over the country began writing about their oppression. By the middle of the 1920s they had began to meet in Harlem, and was known as the new black literary movement. This movement later become the Harlem Renaissance. Chief promoters of this movement were James Walden Johnson, Alan Locke, and Charles Johnson. Fortunately for these writers, owners of white magazines and newspapers were ready to publish their work. Their cry for justice was not only within the realm of writing, but in music and acting (Wintz, 64). Between the 1950s and 1960s Georgia gave birth to a new movement, the most successful and the most publicized event in the history of modern America. The civil rights movement, unlike the Harlem Renaissance, this was very organized; its goals

Understand the nature of the national environment in which businesses Essay

Understand the nature of the national environment in which businesses operate - Essay Example Understand the nature of the national environment in which businesses operate Moreover, these organisations are able to meet the market demand effectively. P&G complies with all the state and federal laws including the Honest Leadership Act, Lobbying Disclosure Act and Open Government Act. Effective environment funding helps the organisation to avoid political challenges. Economical The recent financial crisis and global economic recession have affected the economic environment of the country. The organisation tries to implement a competitive pricing strategy to support the low purchasing power of people. On the other hand, infrastructure development supports the FMCG industry. The infrastructure followed by the company supports the industry. The target of the company includes growing the organic sales from 1% to 2% at a faster rate than that of the market and delivering the highest earnings per share. It also targets to generate free cash productivity of free cash flow of 90% or greater. Social The organisation tries to introduce healthy goods to target healt h-conscious people. For example, UNICEF and Pampers are working together to maintain good health of babies. The company follows good governance and contributes for the benefit for the society. They have offered healthier products for the health conscious society and the targets set by the company for the future are always in line with the objectives of societal benefits. Technological Leading global business organisations try to implement advanced technology in business process to enhance their business performance. P&G uses latest and developed technology to attract customers. Moreover, random technological innovation has provided P&G with a significant competitive advantage. The company uses latest technology in order to attract the customers. The company offers tremendous competition to other competitors in the market. The degree of competition is backed by use of advanced technologies. Environmental The organisation has developed several business operation objectives in order to reduce the level of carbon emission. They try to reduce the level of GHG emission in order to bring sustainability into their business operations. The goal of the company includes building at least 550 billion in cumulative sales in the product category of sustainable innovation. This category of products follows an improved environmental profile. Legal The organisation maintains health, safety and environmental standards to avoid legal chaos. The customers are becoming more and more aware of the health and safety requirements and hence try to opt for the products that are healthier and safer. The company maintains the regulations existing in the countries of operation. P2. 1 The United Kingdom is one of the largest global economies. The UK economy is a mixed one. Over the last two decades, the strength of public ownership has been significantly reducing. The United Kingdom is known for the Industrial Revolution in the 18th century. Slowly and gradually, the economy of UK has shift ed towards the service sectors (Lipsey and Chrystal, 2011, p.16). Tourism, banking, insurance and other business services are considered as the major growth driver of the UK economy. A mixed economy presupposes a unity of public and private control. It reflects the characteristics of both command economy

Women in GoT Essay Example | Topics and Well Written Essays - 250 words

Women in GoT - Essay Example However despite some of these obviously demeaning portrayals, the Game of Thrones gives women a significant placing in the land of Westeros. Daenerys emerges as the leader of a powerful army that goes about freeing slaves. She is supported by men but retains the counsel of her handmaiden Missandei. It shows the faith she places in her fellow woman above all else (Game of Thrones). Catelyn Stark and Cersei Lannister are also examples of the way women in the series show considerable strength to navigate their various families. Arya is also a major character as she shows she is strong enough to survive as a prisoner and then with the Hound and finally in Braavos (Game of Thrones). Her sister Sansa also grows up from a frightened and abused girl at Joffrey’s hands to a cunning companion to Littlefinger. Even Melissandre is shown to be the real power behind Stannis Baratheon (Game of Thrones). From these examples it is possible to see that the show can be viewed from two distinct p oints of

Adult Education in America Term Paper Example | Topics and Well Written Essays - 1500 words

Adult Education in America - Term Paper Example Adult education as a concept had undergone a systematic evolution in the history of education in the United States of America. The adult education programs are made available to the interested populations through varied avenues and are designed in consonance with the academic background and the language proficiency levels of the specific adult learners. Technology has made adult education more accessible in the current times. I am interested in the field of adult education, because it is in consonance with my personal philosophy and vision pertaining to education. Adult Education in America Since I have been actively engaged as a single parent and a full time executive, and that at present I am student pursuing a Masters in Education with a specialization in Family/Community, adult education is a concept that has always been close to my heart. It goes without saying that since I joined the 1st Class; I have emphatically come to the realization that my previous experience as a full ti me employee and a mother has aided me with ample insights as to the relevance and value of adult education in the contemporary societies. I have a deep seated conviction that in case of the adults dealing with family and professional responsibilities, adult education is sometimes not merely a viable option, but rather a chance to excel and move ahead in life. While I was pursuing my undergraduate level degree in social work, back in the early 80s, it was my innate passion and zeal to be able to help others. Now, my resolve as to pursuing a career oriented around working with families and communities, while aiding an empowering the individuals and groups through enhancing awareness pertaining to adult education has strengthened and bolstered with each passing day. Both in a present and past perspective, in the United States of America, adult education are the most potent and feasible tool to augment and upgrade the quality and potential of the local human resources. Enabling people t hrough the medium of adult education manifold enhances the possibilities as to what they know and what they can do with that knowledge, information and skills. The people who are not educated and skilled are increasingly finding it difficult not only to earn a decent living, but also to navigate their way through a system that increasingly requires them to engage in complex paper work and formalities pertaining to healthcare, social security, and everyday finance and retirement benefits. Besides, the United States of America being an immigration friendly country, with the changing demographics, things could get more stressful, if the programs oriented around adult education are not encouraged and pursued with ample zeal and commitment. Going by the fast changing technologies and the high frequency, with which people tend to change jobs, adult education is an issue that could be expected to accrue much importance, not only to enable the adults to seek access to and succeed in the nat ional work force, but also to empower them to serve as the worthy and well informed members of the society. Just because in the present context, so much stress is being laid on the education of children and teenagers, people often do tend to ignore the fact that most of the illustrious personalities in the Western history, be it Jesus, Socrates or Benjamin Franklin, happened to be the teachers of adults. It was way back in 1826, when the first lyceum at Millbury, Mass was organized by Josiah Holbrook, that envisaged the organization of the local adult study groups (Knowles, 1994). In 1911 America witnessed the setting up of The State Board of Vocational and Adult Education in Wisconsin (Knowles, 1994).

How may the teacher encourage more learner involvement in the lesson Essay

How may the teacher encourage more learner involvement in the lesson - Essay Example We shall review some language acquisition theories and chiefly the factors that affect language learning in the classroom. These factors are internal, like the personality of the learner, his motivation to learn the TL, and his aptitude for language learning. External factors like the curriculum, its relevance to the learner and the learning strategies will also be studied. Finally, we will study classroom interaction between various aspects and try to conclude what can be the ways of increasing learner involvement in the classroom. Classroom is an essential element of the formal system of education. Individuals learn many things outside the classroom. But the classroom is a place where optimal efforts are made to utilize every moment of the teaching session fruitfully. Books, teaching aids, methods and content are specially prepared according to learner needs. The aim is to achieve maximum positive results in minimum time. A language class is different. Language may be taught as a special subject. But language is a tool that enables students to approach other subjects and also to communicate with others. Language is skill based more than theory. Language learning is a life-long, eternal process. So what is the function of a second language classroom? Quite simply, the role of second language classroom is to bring a student to a point where he can begin to use the outside world for further second language acquisition. The language classroom can provide the students with enough comprehensible input to bring their second language competence to the point where they can begin to understand language heard outside, read independently and participate in conversations. Since they will be less than fully competent, it will be necessary to provide them with tools for encouraging and regulating input. In other words, all second language classes are transitional and no second language class can be expected to do t he entire job. Second language classes are best

Crisis intervention centre Essay Example for Free

Crisis intervention centre Essay The need for a crisis intervention centre is in line with the Danville public needs. The society here is facing housing, despondency and declining social welfare amenities. The model crisis centre is a compound unit of physiological, social and economic advisory and counselling services. These services are to help alleviate frustration, the problem of social classes discourse and increased despondency which are resulting to high stress levels which have led to increased mental cases, besides, to create a welfare sense in this society. This will gradually resolve the impeding social-ethnic storms, unemployment and through increased lobbying through this centre, invite social welfare stakeholders to proffer services and amenities to help the victims of various social problems including domestic violence. Model The crisis intervention centre will be an office with qualified crisis management officers. It will be established to foresee, counselling of abused, domestic violence subjects, despondent and homeless people. They will also foresee the implementation of social integration policies in this society as well as networking with reliable social welfare referrals to counter the problem of declining social welfare. They will also work with the local police force to stem crime and advice of social integration so as to help maintain law and order in Danville. This way, the crisis intervention centre will offer professional advice, minimize liability through plans; provide order and options to the health and welfare problems in Danville. The inception of this centre is due to the sad situation in the society of Danville. The objective is to close the gap of increased poverty and social disintegration through enlightening people about their rights and their economic well being and social welfare needs. Operation and networking procedure The purpose of this crisis intervention centre is to counter arising social problems and addressing them urgently. The team of professionals will check and arrest arising emotional or physical health and safety of the members of the society is at risk. Offering referral to health providers in case of a health risk case, violence and chaos in the settlements where people are living, domestic violence and other physical health risk eventualities; also alerting the police and local medics on the same. Objectively, we will be managing the crisis from two perspectives, one; helping the ones affected to survive the crisis and secondly, to build capacity on alleviation of crisis. Building capacity will be aimed at making the society try preventing arising social crisis, build good relationships and co-exist peacefully. We aim at helping the members of the society self-manage arising crisis through knowledge and skills like demonstrating maturity, good decision making, mediation and avoiding trouble. The professionals will have to be ready to work at odd hours and adhere to the principals of the crisis centre quick response initiative. The quick response initiative will be a special unit of the Crisis intervention centre and will be laden with the duty of rushing to rescue and resolve crisis upon calls of distress and so forth. As such, the centre will be networking with the society and the other social welfare stakeholders to safeguard both lives and the health of the society. This plan is evenly collaborative with rising needs of the Danville society and environment. Operating System The centre cannot be run in an empty office, as such; we have a budget which is meant to accommodate various necessities which will enable the dissemination of our objective effectively. We will buy and install an emergency calls receiving centre and a computer system that will support our networks objectives. †¢ An office from which we have counselling and capacity building advisory lessons and one which will house our staff and operating system †¢ A radio communication system to coordinate with each of the professionals and the rapid response unit †¢ A computer system that will support a databank for clients and give immediate referrals to cases †¢ A van to ferry possible critical cases to nearest healthcare facility and also another van to ferry the rapid response unit Crisis intervention We will be managing Danville crisis based on strength of the Danville society perspective and the problem based perspective. Using our resources, liaising with healthcare providers, social welfare stakeholders, society and government to manage and minimize crisis. We also aim at assessing the risks through risk assessment based on social perception and projections on sensitive social issues. Through planning and holding meetings with various members of the society so as to understand the various weaknesses in the society and they can be managed. We will also use all the resources at all levels of the Danville area. Management of the crisis is issue based and we intend to tackle issues through assessment and capacity building. This way we will alleviate the suspect and the conflicting social behaviour. By capacity building we will foster social-environmental change and subsequently stop bad social behaviour like, domestic violence, robberies, mugging, ethnic discontent and related social discords. Capacity building will replace these bad aspects of social behaviour with alternative skills which will benefit the members of the society. Activities like social-economics, education and active participation recreational activities replace the behavior with alternative skills that serve the same function for the individuals with the weaknesses as well as the segments of the society affected or portraying similar bad behavior.

Overview Of Information Systems Essay Example for Free

Overview Of Information Systems Essay Information Systems Types Description / Benefits Example of Each (Including Vendor Name / Vendor Website) How have you seen them used in your organization or an organization that you are familiar with? 1. Databases A database is a computer mechanism for storing and retrieving data. It gives one true command of their data, enabling one to retrieve it, sort it, analyze it, summarize it, and report results in changes. Example: Google Cloud Website: cloud.google.com/ I have seen them used by businesses, and individual users who want to utilize their data across different IT systems. 2. Networks A network is a group of two or more computer systems linked together. The benefits of networking include more convenient file sharing and Internet connection sharing. Example: Examples include local-area networks (LANs) and wide-area networks (WANs). University of Phoenix www.phoenix.edu/ I am currently using a wide area network to download and post my assignments to the university of phoenix website. 3. eBusiness Electronic Business, is the administration of conducting business via the Internet. This would include the buying and selling of goods and services, along with providing technical or customer support through the Internet. The benefit is ebusiness allows people to carry out businesses without the barriers of time or distance. Example: Amazon www.amazon.com I have owned my own business and ecommerce was a great way to provide  services without actually physically being there. 4. Wireless Wireless is communications sent without wires or cables. the benefits to wireless are productivity, convenience, and cost advantages over wired networks. Example: wireless phones www.att.com The use of wireless technology in business and everday life is prevelant in today’s society as a whole. I have a wireless phone use, use Bluetooth and wireless internet on my laptop, as well as being able to transmit ans share internet, in my home and business. 5. Social Media Social Media is the websites and applications that enable users to create and share content or to participate in social networking. One main benefit is the ability to seek out potential clients and networking opportunities. Example: LinkedIn www.linkedin.com I am am member of the site and it is a great tool in networking and finding clients and potential employees. 6. Customer Relationship Management (CRM) Customer relationship management is the strategy that a company uses to handle customer interactions. It is beneficial by creating various platforms to meet customers needs and receive feedback. Example: rewards card program Best Buy www.bestbuy.com/site/rewards/pcmcat102500050032.c?id Best Buy uses their rewards cards to track purchases ans other consumer information that helps in the promotion of certain products and services that they offer. 7. Supply Chain Management (SCM) Supply chain management is the the oversight of materials, information, and finances as they move in a process from start to finish. This is very beneficial as it shows a log off all happenings with a specific good or service. Example: The U.S. Department of Agriculture www.usda.gov/ The U.S. Department of Agriculture developed a Web-based solution for farmers and ranchers seeking to communicate with distributors and wholesalers. 8. Business Intelligence Business intelligence is a term that refers to a variety of software applications used to analyze an organizations raw data. It is beneficial by helping companies be more efficient, spot areas for cost savings and identify new business opportunities. Example: the board is an all encompassing BI tool that has helped many companies. http://www.board.com/us/ I have seen a list of and have gotten goods and services from some of the companies that have employed the board’s BI tools.

Contract of Hire Purchase Answer

Contract of Hire Purchase Answer FOUNDLING FINANCE LIMITED Claimant and MISS DIANE DALY and MR DEREK DOBSON Defendant OPINION I am asked to advise Miss Diane Daly and Derek Dobson (â€Å"the defendants†) with regard to their contract of hire-purchase with Foundling Finance Limited for the purchase of a ‘Nuffield’ knitting machine from Saffron Supplies Limited. This contract is the basis of an action in the Dover County Court against Miss Daly and Mr Dobson for repayment of arrears, and interest thereon, for the period from 3rd January to 3rd April. I am asked to advise whether Miss Daly and Mr Dobson are still bound by the terms of the hire-purchase contract, and if not, what type of compensation they may recover by way of damages. Conclusions In summary, I would advise that the defendants were entitled to disregard the hire-purchase contract after they found out the representations of Mr Stone about the fitness of the ‘Nuffield’ for the intended type of work were false. That this right probably subsisted and was exercisable on the 16th January 2006 but can only be determined with further information. The compensation available largely depends on the success of the rejection action. If the defendants are successful then they will be able to recover their money that they have paid and hand back the knitting machine as if they had never been in the contract. If they are unsuccessful they will be left with the residuary claim in damages for the purchase price of the ‘Newmark’ knitting machine and breach of contract but will be liable to keep paying the hire-purchase contract. I have also advised that some more investigation may be required to ascertain whether any further losses have been incurred. Finally, I have been cognisant of Miss Daly’s concerns surrounding the high APR of the hire-purchase agreement and have therefore attached a consideration of whether the bargain may be considered extortionate. Contract On the 3rd October 2005 the defendants went to Saffron Supplies in Sandwich. They entered into a hire-purchase contract for the supply of a ‘Nuffield’ knitting machine for their fashion design business. According to Miss Daly, their business specialises in the knitting of thick wool garments. They took samples of their wool and made it clear to Mr Stone that the sewing machine had to be capable of knitting those types of fibres. Mr Stone replied that the machine was ‘man enough’ to handle such fibres and on the back of which the defendants entered the hire-purchase contract with Foundling Finance Limited. A matter of importance in the formation of this contract is whether or not you entered as a consumer. If you’re not then clause 12 of the hire-purchase contract may exclude any implied term of fitness for purpose. It appears as though the key matters are whether the contract is one which is regularly entered into by the buyer or bought for a distinctive business purpose (R B Customs Brokers Co Ltd v. United Dominions Trust [1988] 1 ALL ER 847). This will depend on the nature of the business and whether this particular sewing machine was integral to the defendants business. These are again facts which the Instructing Solicitors will need to ascertain in particular look at whether there have been any other sewing machines purchased? How was the ‘Nuffield’ used in the business? Was it used for any personal purposes? Breach of Contract The first issue is whether or not the hire-purchase contract was breached when it became evident that the ‘Nuffield’ knitting machine was unfit for knitting the type of fibres that the defendants use in their business. The difficulty will be whether or not we can establish the conversation between the defendants and Mr Stone as to its fitness for the knitting of the thick wool because it was purely oral. The evidence of both the defendants will be critical – Could instructing solicitors please ascertain more details of the conversation. Was Mr Dobson party to the conversation with Mr Stone? If so, what did he hear? How much was the issue of fibres stressed as important to Mr Stone? The obvious difficulty will be that the evidence of Mr Dobson could turn out to be hearsay unless he was party to the conversation. The strength of this argument will become clearer when we have an indication of Foundling Finance’s or Mr Stone’s stance on the issue; currently I only have Miss Daly’s statement as to the matter. It would seem pragmatic to assume that Mr Stone will be a difficult witness for two reasons; he presumably deals with many customers which may make his recall of a conversation that he had seven months ago rather vague and a fear of losing his job could cause him to be a completely useless witness for us. It isn’t clear from my instructions whether Foundling Finance have acknowledged this claim by the defendants but it seems safe to assume that they will deny it given that an admission would bar their current action in the County Court. However if we can establish the oral assurances by Mr Stone then breach of contract will be more likely. The Implied term of fitness for purpose under Consumer Credit Act 1974 will have been breached as long as the facts bear out consumer status, as I advised above. If we cannot establish consumer status we may have to rely on more general common law considerations .In particular Harlingdon Leinster Ltd v. Christopher Hull Fine Art Ltd [1991] 1 QB 564 which argues that even where the Unfair Contract Terms Act 1977 doesn’t apply the totality of the negotiations will be looked at and the exclusion of an implied term of fitness for purpose, as Foundling Finance Limited have done, maybe disregarded. The strength of this argument will largely depend on the oral evidence which is lead at trial and will depend on the information which I have requested above. Repudiation of Contract The success of maintaining the breach of contract will also rely on whether we can establish the defendants effectively rejected the contract by their letter of the 16th January. This is fundamentally an issue of fact which will need to be ascertained by the Instructing Solicitors. Short of an outright denial, as suggested above, Foundling Finance will likely attempt to argue that either the defendants accepted the breach through acting inconsistently with the ownership of the seller or through lapse of a reasonable time. In order to give my opinion on the strength of this argument could the Instructing Solicitors ascertain facts regarding the dates of the various repairs and more details about the communications between Saffron Supplies and the defendants regarding the repairs. What date was the third repair? Were the repair men’s concerns communicated to the defendants orally or in writing? Were both defendants present at all of the repairs? Was the Knitting machine used at any point between the third repair and the purchase of the ‘Newgate’ knitting machine? The ‘lapse of a reasonable time’ is the test for acceptance of a breach under the Consumer Credit Act 1974 therefore these factors will be critical. If there was a significant period of time between the third repair and the 16th January then I would advise that the Defendants attempt to argue rescission by misrepresentation under the Misrepresentation Act 1967 which is not subject to the same time-constraints as the rejection argument under the Consumer Credit Act 1974. However, I have some doubt as to the strength of this argument not least because it appears never to have been attempted in any reported cases. A critical issue for the success of refuting any defences by Foundling Finance will be the ability to prove that the letter was actually sent. Therefore could the Instructing Solicitors please find out whether Miss Daly has any proof of postage or proof that Foundling received the letter? The copy letter that I received looks as though it was word processed and it may be possible to establish postage through the creation date of the file. According to Miss Daly, she also telephoned the finance company to express her concerns; it would be extremely useful if the Instructing solicitors could ascertain more details about these telephone calls. Does Foundling Finance record phone-calls? When were they made? What exactly was stated in those telephone calls? In my opinion, in order to clarify the issues in dispute between the parties, we should contact Foundling Finance’s representatives to see whether they dispute either the letters or the telephone calls. It maybe that we could then avoid applying for disclosure of evidence Compensation There is a distinction to make between the situation where we can establish that the defendants effectively rejected the contract and where they failed to do so therefore I have treated the separately under this heading. Many of the grounds of damages will be interlinked between the various substantive claims in law. However, if we cannot realistically establish a breach of contract at all then as I am sure Instructing Solicitors will appreciate we have no defence or counterclaim to the current action. If the latter occurs my opinion is that you enter a defence and counter-claim in any case and attempt to settle and avoid some of the interest. (i) If rejection is effective The difference between the two grounds turns on whether or not the sums paid, by my calculation  £3194.57 (that being the November, December and January payments and the two-thousand pound deposit paid on 3rd October 2005), will be recoverable and whether the hire-purchase contract is at an end. I appreciate what a big difference this will make to the defendants. If the rejection is effective then the aim of the court is to put the two parties back in the same position so the money paid will be recoverable and there will be no obligation to continue paying the hire-purchase agreement. However, if rejection is not effective there is in most cases still an action for damages for breach of contract but there is no possibility of ending the contract other than the statutory termination powers in the Consumer Credit Act 1974. (ii) If rejection is not effective As the Instructing Solicitors will appreciate in these circumstances we are limited purely to claiming for purely breach of contract financial losses rather than any emotional losses. However, it is clear that there have been certain losses that will have been caused by the breach in contract. The defendants will remain liable to pay the instalments, including the arrears, if they fail to establish their rejection this is because all the express conditions of the contract will still be enforceable and as a result the defendants will be in breach of contract until they remedy the arrears, along with interest which has been contractually included. (a) Purchase of the ‘Newgate’ It is unclear whether the defendants can claim for the purchase of the ‘Newgate’. It certainly can be characterised as a cost of mitigating the loss which they had initially suffered by Foundling’s breach of contract (as per Bacon v. Cooper (Metals) Limited [1982] 1 ALL ER 397). However, the question of whether it is reasonable will depend on a number of factors which would perhaps require the opinion of an expert. It would be necessary to quantify whether the price paid was reasonable for the product? Whether there were cheaper alternatives available on the market? It seems likely that it would be possible to claim for the whole purchase price of the ‘Newgate’ despite the fact that it may be a better product and leave the defendants in a better position. It seems analogous to Bacon where the court held that replacement of a new item for an old item which became broken didn’t entitle the defendants to reduce the damages to the value of the old item. (b) Loss of Earnings / Damage to Wool. Aside from the purchase of the ‘Newgate’ Miss Daly is of the opinion that her business has not suffered through the breach of contract. However, with all respect to Miss Daly, she is not to my knowledge legally qualified and it would be a breach of professional ethics if we just accept her judgement on this issue. It would be useful if the Instructing Solicitors can check this. In particular: Did the machine not stop being workable for at least three separate twenty-four hour periods? Was there any wool damaged by the machine? What about wasted time waiting for repairmen? It is likely that we can claim these as damages and I am of the opinion that there will be something other than the replacement sewing machine which the defendants can claim for. (c) Extortionate Bargain According to Miss Daly, she feels horrified at the level of the interest that she had to pay for the knitting machine which naturally leads to concerns over whether this hire-purchase agreement could be considered extortionate under the Consumer Credit Act 1974. This could form part of the counter-claim if it can be established. The salient point of the credit agreement is the extremely high APR of 46.2%. In line with A.Ketley Limited v. Scott [1981] ICR 241 the correct approach is to look at whether the rate of interest is extortionate in comparison to other sorts of transactions. I am of course not an expert and thus not qualified but given that the amount repayed will be 161% of the value of the item and that the APR seems to be extremely high at a period of time when interest rates are relatively lower than they have been in the last couple of decades it certainly seems arguable. I think it would be necessary for the Instructing Solicitors to obtain some sort of expert evidence on this point or perhaps some diligent research. In particular – what level of risk is assumed by Foundlings Finance? What sort of experience and means did the defendants have at the time of the agreement? The purpose of arguing this would not so much be as compensation but if Miss Daly was unable to establish a rejection of the contract it could be extremely useful in making the remainder of the payments more equitable. In particular I could ask the court to alter the terms of the credit agreement under s.139 of the Consumer Credit Act 1974. I am not overly confident about the success of this argument because generally the court have been reluctant to find bargains extortionate because of the ordinary principles of fair dealing and even where high APR’s have existed such as in Grangewood Securities v Ellis (unreported 23 November 2000) an APR of 35.4% on its own was not held to be extortionate. My largest reservation is that both Miss Daly and Mr Dobson will be construed by the court as business people who ought to have been more aware (this was a factor in A.Ketley). Next Steps I would advise that we enter a defence and counter-claim to the current action that Foundlings Finance has risen. However, before it calls I would suggest that a letter setting out the key elements of our case be sent to the other side because until now they haven’t appeared to have responded to our claims. I would hope that the Instructing Solicitors would be able to settle this case in the meantime. In that event I would be happy to advise on the terms of such a settlement or a Part 36 offer. In particular, it would put the defendants in a strong bargaining position if they can establish whether or not any other damages were sustained by the defendants such as loss of earnings or destruction of property. If you do wish me to advise then please could such instructions include further items of evidence that I have requested throughout this opinion. IN THE DOVER COUNTY COURT Case No. DV6/49215 BETWEEN FOUNDLING FINANCE LIMITED Claimant / Part 20 Defendant and MISS DIANE DALY MR DEREK DOBSON Defendants / Part 20 Claimants DEFENCE AND COUNTERCLAIM Paragraphs 1, 2 and 3 of the Particulars of Claim are admitted. Save that the Defendants admits that they have not paid instalments on all the relevant dates, it is denied that they are due to be paid as alleged in Paragraph 4 or at all. On 16th January 2006 the Defendant’s rejected the contract for breach of the implied condition of fitness for purpose under the Consumer Credit Act 1974 . A copy of the Defendant’s letter to the Claimants confirming the above is attached to the defence and counterclaim. Paragraph 5 is admitted. The defendants are and were at all relevant times a partnership carrying on business as fashion designers. The Claimants are and were at all relevant times a limited company carrying on business as a provider of consumer credit. The ‘Nuffield’ knitting machine was supplied to the defendants by Saffron Supplies Limited, 6 Shadwell Street, Sandwich (â€Å"the suppliers†) in terms of the Consumer Credit Act 1974. Whereas it is admitted that a hire-purchase contract was entered into as set out in Paragraph 5 of the Particulars of Claim, prior to the signing of said contract, on 3rd October 2005, it was orally agreed by Mr Scott Stone of the suppliers that the said ‘Nuffield’ knitting machine would be capable of knitting specific thick wool as used in the Defendants fashion design business. A sample of said wool was exhibited to Mr Stone by the first defendant for the confirmation of the same. It is averred that in consequence of this conversation, the defendants entered the said contract and that it was implied term that the said knitting machine would be fit for the said purpose. On the 3rd October 2005 The Defendants paid a deposit of  £2000 to the Claimants and paid instalments on 3rd November 2005, 3rd December 2005 and 3rd January 2005. The amount of these instalments plus the deposit was  £3194.57 Between 3rd October 2005 and 16th January 2006 the Defendants complained on three occasions to Saffron Supplies Limited that the said knitting machine had broken. On the first two occasions representatives of the suppliers diagnosed the same as being due to minor problems which were rectified without charge. On the third occasion they diagnosed the breakage as being due to the inability of the said knitting machine to knit the said thick wool fibres. The Defendants refused to pay for the cost of repairing said knitting machine in consequence of which the suppliers thereafter failed and/or refused to repair the said knitting machine at the time. By various phone-calls to the Claimant in or about January 2006 the Defendants demanded the repair of the said knitting machine. Despite this, the Defendant thereafter unlawfully failed and / or refused to arrange repair of said knitting machine. By reason thereof the Defendant sent the said letter of the 16th January 2006 which duly informed the Claimants within a reasonable period of time of their intention to reject the said hire-purchase contract because they had breached the said implied condition and the Defendants are consequently not liable thereon, further the Defendant’s demanded (without prejudice to his claim for damages herein) return of the said  £3194.57 and stated that they would exercise a lien over the said knitting machine until the same had been done.. In the circumstances it is denied that the Claimant is entitled to the relief claimed or any relief for the reasons alleged or at all. Further or alternatively, the Defendants will seek to set off against the Claimant’s claim the matters set out in the Counterclaim below, so as to reduce it or extinguish it altogether. COUNTERCLAIM The Defendants repeat their Defence herein. The hire-purchase agreement has an Annual Percentage Rate (APR) of 46.2% which it is averred is much higher than hire-purchase agreements for other knitting machines and comparable items. In the Circumstances, the said hire-purchase agreement is extortionate pursuant to section 139, Consumer Credit Act 1974. By reason of the Claimant’s said breach of contract the Defendant’s were unable to knit their wool fibres and by reason thereof the Defendants have suffered loss and damage. PARTICULARS By reason of the Defendant’s said breach of contract, the Claimant suffered additional loss and damage, in that they were forced to purchase a similar knitting machine elsewhere, about January 2006 the Defendants purchased a ‘Newgate’ knitting machine at a price of  £9,500. Wasted Time during said repair visits. Cost of Wool Material damaged by said ‘Nuffield’ knitting machine.[1] Further the Defendants are entitled to and counterclaims interest on the sum found due to them for such period and at such rate as the court may think fit pursuant to section 69, County Courts Act 1984. The value of this action exceeds  £5,000 but does not exceed  £15,000. AND the Defendants Counterclaim: Refund of the said Deposit and three instalments of  £3194.57 Interest pursuant to statute as aforesaid. Further or Alternatively; Damages for breach of contract Further or Alternatively; An order that the said hire-purchase agreement is extortionate and that the APR be judicially altered to a more reasonable APR. Statement of Truth I believe (the Defendant believes) that the facts stated in this Defence and Counterclaim are true. Signed†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ DATED thisDay of2006 Bibliography Atiyah, P.S., Adams, John MacQueen, Hector ‘The Sale of Goods’ 2005 / Pearson-Longman / 11th edition. Bridge, Michael ‘The Sale of Goods’ 2000 / Oxford University Press / 1st edition Doonan, Elmer Foster, Charles ‘Drafting’ 2000 / Cavendish Publishing / 1st edition. Inns of Court School of Law ‘Opinion Writing’ 2003 / Oxford University Press Marshall, Enid ‘Scots Mercantile Law’ 1997 W.Green / Sweet Maxwell Edinburgh / 3rd edition. Rose, William M. ‘Pleadings Without Tears: A Guide to Legal Drafting Under the Civil Procedure Rules’1999 / Blackstone Press Limited / 5th edition. 1 Footnotes [1] I have added these in the case that they can be proved as per my opinion.

Genghis Khan :: essays research papers

From the high, windswept Gobi came one of history's most famous warriors. He was a Mongolian nomad known as Genghis Khan. With his fierce, hard-riding nomad horde, he conquered a huge empire that stretched through Asia from the Yellow Sea to the Black Sea. Genghis Khan was born on the Gobi, in a yurt, or felt tent, on a bank of the Onon River in northern Mongolia. His father, Yesukai, was the chief of several desert tribes and had just slain a foe named Temujin. In triumph Yesukai named his newborn son Temujin. Yesukai died when Temujin was about 13 years old. The boy succeeded him, but the fierce, restless nomads would not obey so young a chieftain. The chief of another tribe proclaimed himself leader of the Mongols and captured Temujin. Guards forced Temujin into a kang, a wooden yoke that shackled his shoulders and wrists. In the dark he slowly twisted himself to reach above a guard and smashed the kang down on his head. Then Temujin ra Temujin's bold courage and resourcefulness began to win followers. When he reached manhood, he conquered the Tatars and added them to his tribes. In 1203 he defeated the Keraits. Seizing their cities of mud and stone, he made Karakorum his capital. In 1206 a council of his tribes named him Genghis Khan. It means "greatest of rulers, emperor of all men." Genghis Khan then put all his Mongolian realm under Yassa, a body of laws he assembled from various tribal codes. These laws demanded obedience to Genghis Khan, unity of the tribes, and pitiless punishment of wrongdoers. Through Yassa, Genghis Khan achieved the discipline that welded his wild tribesmen into merciless, successful armies. On his march of conquest Genghis Khan overran North China from 1208 to 1215.

Caffeine is a Psycoactive Drug Essay -- essays research papers fc

Have you ever been so tired that you’ve dozed off at work? Or tried to stop yourself from falling asleep while you’re driving or even worse – got caught sleeping in class? These instances could have been prevented by doing what 90% of Americans do every day – by consuming CAFFEINE. If anyone here feels you can’t make it though your day without a cup of coffee, you are probably addicted to it (I’ll discuss more on that later). Here’s an interesting fact: both words caffeine and coffee are derived from the Arabic word â€Å"QAHWEH.† The origins of the words reflect the spread of the beverage into Europe through Arabia and Turkey from North-East Africa. Coffee began to be very popular in Europe in the 17th century and today it’s the most popular psychoactive drug in the world. Almost everyone in our society today uses caffeine regularly, in one form or another. According to Jennifer Warner of WebMD Medical News, nearly 90% of adults and 76% of children drink some kind of caffeinated beverage every day. More than half of all American adults consume more than 3 cups of coffee. Also, a 1994 survey by the Agriculture Department found that on average, 64 gallons of soda are consumed by children and teenagers every year. Researchers have found that soft drinks have surpassed tea as the second leading source of caffeine for adults while being the top source of caffeine for children. People are not only getting their caffeine from coffee, soda and tea, but from other sources such as energy beverages, caffeinated water, herbal supplements and chocolate. You may not realize how much caffeine you are consuming on a daily basis because caffeine is not listed as an ingredient on the food or drink label, and the Nutrition Facts label does not show how much caffeine is i n the product. In addition, beverages marketed as high-energy drinks may contain more than one type of caffeine extract, and in herbal sources, caffeine may not be listed as an active ingredient. So you can see why half of American adults consume more than 300mg of caffeine per day. All you need to consume to get that amount are just 2 mugs of coffee and a couple of cookies. If you sit down and calculate your caffeine consumption during a typical day, you may be surprised. Many people consume a gram or more of caffeine every day and don’t even realize it. Now that the widespread u... ...nd the globe, is a mild drug stimulant, has the potential to become addicting and gives people the opportunity to be social. The bottom line is that caffeine is the most widely accepted and legal way to get that all important energy boost. So, the next time you down that can of Red Bull or take that last sip of cappuccino from Starbucks, take comfort in the fact that you’re getting your fix legally Works Cited †¢ Bealer, Bonnie K., and Bennet A. Weinberg. The World of Caffeine: The Science and Culture of the World's Most Popular Drug. New York: Routledge, 2002. 208-212. †¢ Centre College. "Students get a Caffeine and Culture Boost." Yubanet.com 14 Feb. 2005. . †¢ Gordon M. Wardlaw. Contemporary Nutrition: Issues & Insights. New York: McGraw-Hill, 2003. P 556. †¢ HSW Media Network. â€Å"How Caffeine Works.† HowStuffWorks.com. 28 Dec. 2004. . †¢ Jennifer Warner. â€Å"Caffeine Sources Shifting† CBSNEWS.com 28 Dec. 2004. WebMD Inc. . †¢ T.R. Reid. "Caffeine." Nationalgeographic.com. June 2000. .