Free Essays on Federico Garcia Lorca

The Artists: Federico GARCIA LORCA (1898 - 1936) "LAMENT FOR IGNACIO SANCHEZ MEJIAS" In 1927, Lorca and his friends (Bergamin, Alberti, Guillen...) were invited to Seville to commemorate the 300th anniversary of the death of the poet, Gongora. They were guests at the estate of Ignacio Sanchez Mejias, who had just retired from the bullring and who hosted them lavishly. Lorca painter, musician and poet and his host, Sanchez Mejias famous bullfighter, writer, passionate lover of literature and music were destined to become friends. Ignacio had a close relationship with Encarnacion Lopez Julvez, the famous dancer and singer who was known as "Argentinita" (this poem is dedicated to her) and it was she who really sealed the friendship between the two men. Two years later, they would be seen together often, in New York, and on their return to Spain, Lorca would arrange popular songs for "La Argentinita". In 1934, perhaps for material reasons, perhaps to recapture the emotions of victory and of facing death, Sanchez Mejias, at the age of forty-three, returned to the bullring. He had to lose fifteen kilos in order to put on his "suit of lights". With just three more engagements as the Toreador-Poet, he had decided to quit the ring, once and for all. But the shadow of fate hovered over him. The wounded Domingo Ortega asked him to replace him at Manzanares on August 11th. Because of pride, Ignacio reluctantly agreed. At the beginning of the corrida, he was gored in the thigh. Lorca was in Santander. Alberti was travelling. Bergamin was present at the corrida and stayed by the wounded toreador's bedside. Ignacio was moved to Madrid, where he died on the morning of August 13th. Lorca was shattered by the news and, in September, wrote the poem. It was published in November of the same year. "There is nothing in the Spanish language more beautiful than this poem." To such praise, Lorca replied : "It is not the equal of four small verses su... Free Essays on Federico Garcia Lorca Free Essays on Federico Garcia Lorca The Artists: Federico GARCIA LORCA (1898 - 1936) "LAMENT FOR IGNACIO SANCHEZ MEJIAS" In 1927, Lorca and his friends (Bergamin, Alberti, Guillen...) were invited to Seville to commemorate the 300th anniversary of the death of the poet, Gongora. They were guests at the estate of Ignacio Sanchez Mejias, who had just retired from the bullring and who hosted them lavishly. Lorca painter, musician and poet and his host, Sanchez Mejias famous bullfighter, writer, passionate lover of literature and music were destined to become friends. Ignacio had a close relationship with Encarnacion Lopez Julvez, the famous dancer and singer who was known as "Argentinita" (this poem is dedicated to her) and it was she who really sealed the friendship between the two men. Two years later, they would be seen together often, in New York, and on their return to Spain, Lorca would arrange popular songs for "La Argentinita". In 1934, perhaps for material reasons, perhaps to recapture the emotions of victory and of facing death, Sanchez Mejias, at the age of forty-three, returned to the bullring. He had to lose fifteen kilos in order to put on his "suit of lights". With just three more engagements as the Toreador-Poet, he had decided to quit the ring, once and for all. But the shadow of fate hovered over him. The wounded Domingo Ortega asked him to replace him at Manzanares on August 11th. Because of pride, Ignacio reluctantly agreed. At the beginning of the corrida, he was gored in the thigh. Lorca was in Santander. Alberti was travelling. Bergamin was present at the corrida and stayed by the wounded toreador's bedside. Ignacio was moved to Madrid, where he died on the morning of August 13th. Lorca was shattered by the news and, in September, wrote the poem. It was published in November of the same year. "There is nothing in the Spanish language more beautiful than this poem." To such praise, Lorca replied : "It is not the equal of four small verses su...

Actions that the MLRO of BCD should take

Given that Radovan Rankovich (RR) is allegedly wanted by the authorities in the Ukraine for criminal actions against the state, and has received a recent transfer of ?15 million from a Corporate Service Provider in Cyprus, it is likely that this would warrant a disclosure to NCA for investigation. In accordance with this, the MLRO will be required to file a Suspicious Activity Report (SAR) with NCA and subsequently liaise with them to deal with this matter accordingly (Ellinger et al; 2011: 97). Part 7 of POCA makes it a requirement for banks to make a disclosure to NCA if they reasonably suspect that a person is involved in money laundering (s. 329). If the MLRO fails to make such a disclosure then he or she may be found criminally liable under this Act for a failure to disclose (s. 331). This is because a person commits an offence under s. 329 if they; acquire, use or have possession of, criminal property. Since a bank would fall within the scope of this section, it is possible that BCD Bank would be subject to criminal proceedings if they failed to take the appropriate action and thus make the relevant disclosures. If the MLRO does not believe that the grounds of suspicion are sufficient to report the matter to NCA, then the MLRO will be required to make further inquiries (International Monetary Fund, 2011: 65). Once the MLRO has made a report to NCA, the report will be ‘protected’ under s. 337 so that nothing in the report shall be taken to breach any restriction on the disclosure of information. Given that BCD Bank may have engaged in money laundering by allowing RR’s transactions to take place, they may have a defence under s. 338 if they make demonstrate that they made the disclosure as soon as possible. Similar provisions also apply under th e TA if the person is also suspected of terrorist financing. As Christian has received a text message stating that RR is wanted by the authorities in the Ukraine for criminal actions against the state, it is likely that the MLRO will also be required to comply with the provisions under the TA for a reasonable suspicion of terrorist financing. An obligation to report under the TA will therefore arise which means that the MLRO will be required to disclose the identity of RR, any information that relates to the matter and the whereabouts of the laundered property. There are two different types of report that may be made by the MLRO, namely protected reports and authorised reports. A protected disclosure is made by a person during the course of their trade, profession or employment. This type of disclosure is generally made by a person who is carrying our professional activities. An authorised disclosure is made by a person who is about to commit a prohibited act or has already committed a prohibited act (Bastable and Yeo, 2011: 108). Since the bank has already dealt with the property that is suspected of being laundered, it is more appropriate for an authorised disclosure to be made. The MLRO will also be required to obtain consent from NCA under ss. 335 and 336 to determine whether Christian can action any further transfers out of RR’s account. This will be done by making a ‘consent report’ to NCA, which will then block any transactions for seven working days. If NCA gives consent to the MLRO, the MLRO will then be able to give consent to Christian to carry out the transactions (Bastable and Yeo, 2011: 108). If NCA refuse consent, however, the proposed transactions will be frozen for a further 31 days, unless consent is granted during that period; R (on the application of UMBS Online Ltd [2007] WL 1292620. The Risks and Issues for the Bank This particular issue regarding RR is likely to be problematic for the BCD Bank as they will want to act in the best interests of their customer, namely RR, so that they remain in business with them whilst at the same time they are required to fulfil certain obligations imposed upon them by law. Because BCD will be required to disclose their suspicions even if RR has not acted in a criminal manner, this will have a damaging effect upon RR’s reputation and as put by Hislop (2009); â€Å"absent bad faith, little more than a â€Å"bad feeling† can trigger a banks disclosure obligations under POCA 2002, with in some cases catastrophic commercial consequences for the customer and a damning of his hitherto â€Å"good name† in the business community.† If the banks suspicions are incorrect, this can be significantly detrimental for RR. As such, the bank will need to be careful that they are striking a balance between the interests of RR with its duties to disclose . In the recent case of SHAH and another v HSBC private bank (UK) Ltd (2009) EWHC 79 (QB) the implications Part 7 has upon the rights of the individual and the banking business was clearly highlighted. Here, it was demonstrated that where a bank makes a SAR in respect of a suspicious transaction, they may not be provided with protection if the customer decides to challenge the banks suspicions in the future. This is so, despite the fact that a criminal offence may have been committed if the bank failed to make such a disclosure. Customers will have a right to challenge the banks suspicions with the bank then being required to prove that the suspicion was reasonable. It may be difficult to determine how the bank can justify making a disclosure since it was made clear by the court in this case that â€Å"the defendant must think that there is a possibility, which is more than fanciful, that the relevant facts exist. A vague feeling of unease would not suffice.† The bank will therefore be taking a risk in many any disclosure, especially this one since it will have to be shown that the text message was sufficient enough for a disclosure to be made. Furthermore, even if the circu mstances do render a disclosure justified, the bank’s decision may still be challenged which can be costly and time consuming. In K Ltd v National Westminster Bank plc [2007] 1 WLR 311 it was noted by the Court that; â€Å"to intervene between a banker and his customer in the performance of the contract of mandate is a serious interference with the free flow of trade. But Parliament has considered that a limited interference is to be tolerated in preference to allowing the undoubted evil of money-laundering to run rife in the commercial community.† Therefore, even though such a disclosure may interfere with the relationship between the bank and RR, such interference will be necessary if it will be likely to prevent money laundering from taking place. The bank needs to be clear that an interference of RR’s account is appropriate on the circumstances, since a frozen bank account for a period of time has in the past been considered a ‘grave injustice’ in the case of Squirrell Limited v National Westminster Bank plc (Customs and Excise Commissioners intervening [2006] 1 WLR 637. Here, the customer’s funds were frozen resulting in the customer being unable to afford the legal fees it would cost to challenge the decision. Therefore, if RR’s funds were frozen, which subsequently prevented RR from challenging the decision; it is unlikely that this would be deemed appropriate by the court. In accordance with this, it has been said that the test for suspicion is â€Å"a purely subjective matter† ( Medroft, 2010: 190). The decision as to whether the suspicion is reasonable will therefore depend upon whether Christian actually believed that the transaction was suspicious. If it cannot be found that this is the case, the interference cannot be considered justifiable and a breach of the customer’s human rights may also be established as in K Ltd. The bank will therefore be required to consider whether ‘reasonable grounds’ do actually exist, having regard to the elements constituting market abuse offences (Hudson and Hutchinson, 2009: 1). There are many inherent risks that are associated with disclosures and as such, it is vital that the bank is aware of its exact rights and obligations. In SHAH the court found that the bank did not act in an unreasonable manner which is likely to be the case in the instant situation. As such, it will most likely be difficult for RR to show that the bank had not acted in good faith. However, it could be argued that there was an unreasonable delay by the bank to make the disclosure under s. 338(2). As a result of this, the bank could be exposed to liability for breach of its duty of care (Medroft, 2010: 190). Whether this is acceptable remains an arguable subject but as expressed by Benjamin (2007: 62); â€Å"here the objective is not informed consent to risk but combating crime.à ¢â‚¬  Accordingly, it is therefore generally accepted that a bank’s interference will be justified on public policy grounds. The bank will still be subjected to many risks when making a disclosure, nonetheless, and must therefore consider whether the consequences of making a disclosure can be justified (Ellinger et al. 2010: 114). In addition, if the bank decides to make a disclosure, they must be careful not to allow the customer to find out as they can be found liable for ‘tipping off. This is another issue that may arise since a customer could become aware that a disclosure has been made simply due to the fact that their account has been suspended. It could be said that the bank is in a difficult situation as whatever option it takes, sanctions may still be imposed. As one judge noted in Governer Company of the Bank of Scotland v A Ltd [2000] Lloyd’s Rep Bank 271, 287; â€Å"the bank may commit a criminal offence if it pays or if it refuses to pay.† Furthermore, if the bank makes a disclosure based on its suspicions, which later turn out to be unfounded, the bank risks civil liability for breaching its contract with its customer (Ellinger et al: 2010: 114). This is because the bank will have frozen the customer’s account which would have prevented payments from being made in and out of the account. Because the banks have a significant burden imposed upon them when it comes to dealing with money laundering, some attempt has been made to ensure that banks acting in good faith will not face criminal liability. For example, it was held by the court in C v S [1999] 2 All ER 343 that â€Å"it would not normally be an abuse of process to prosecute a bank which was doing no more than obeying a court order for disclosure.† Still, it is necessary for the bank to consider all of the risks before considering whether to make a disclosure or not. Overall, it is necessary on the facts for the MLRO of BCD Bank to make a disclosure to NCA since it does appear that the suspicions are reasonable. This is based upon the transaction of ?15 million that was made recently as well as the text message that Christian has received. Whilst the bank would be required to examine the potential issues with disclosing such information and freezing the account of RR this appears necessary and in the public interest. It will most likely prevent money laundering activities from taking place and will ensure that Christian, the MLRO and the bank are complying with their obligations. References Bastable, G., and Yeo, N., (2011). Money Laundering Law and Regulation: A Practical Guide, Oxford University Press. Benjamin, J., (2007). Financial Law. OUP Oxford. Ellinger, E. P., Lomnicka, E., and Hare, C., (2011) Ellinger’s Modern Banking Law, (Oxford University Press. Ellinger, E. P., Lomnicka, E., and Hare, C., (2010) Ellinger’s Modern Banking Law. 5th Edition. OUP Oxford. Hislop, D., (2009). ‘Banks, SARS the Customer’ 159 New Law Journal 1099, Issue 7380. International Monetary Fund., (2011) Banking and Insurance, Business Economics. Medcroft, N., (2010). A Banker’s Liability for Damages Arising from Compliance with PT 7 POCA’ 4 Journal of International Banking and Financial Law 227, Issue 4. Medcroft, N., (2009). Refusing to Execute Payment Instructions Where a Bank Suspects Money Laundering. 4 Journal of International Banking and Financial Law 190, Issue 4. Hudson, D., and Hutchinson, K., (2009). Suspicious Transactions Reports: Reporting Obligations of Financial Institutions in the UK. Complinet, [Accessed 07 June, 2014]. Cases C v S [1999] 2 All ER 343 Governer Company of the Bank of Scotland v A Ltd [2000] Lloyd’s Rep Bank 271, 287 K Ltd v National Westminster Bank plc [2007] 1 WLR 311 R (on the application of UMBS Online Ltd [2007] WL 1292620 SHAH and another v HSBC private bank (UK) Ltd (2009) EWHC 79 (QB) Squirrell Limited v National Westminster Bank plc (Customs and Excise Commissioners intervening [2006] 1 WLR 637 Actions that the MLRO of BCD should take Given that Radovan Rankovich (RR) is allegedly wanted by the authorities in the Ukraine for criminal actions against the state, and has received a recent transfer of ?15 million from a Corporate Service Provider in Cyprus, it is likely that this would warrant a disclosure to NCA for investigation. In accordance with this, the MLRO will be required to file a Suspicious Activity Report (SAR) with NCA and subsequently liaise with them to deal with this matter accordingly (Ellinger et al; 2011: 97). Part 7 of POCA makes it a requirement for banks to make a disclosure to NCA if they reasonably suspect that a person is involved in money laundering (s. 329). If the MLRO fails to make such a disclosure then he or she may be found criminally liable under this Act for a failure to disclose (s. 331). This is because a person commits an offence under s. 329 if they; acquire, use or have possession of, criminal property. Since a bank would fall within the scope of this section, it is possible that BCD Bank would be subject to criminal proceedings if they failed to take the appropriate action and thus make the relevant disclosures. If the MLRO does not believe that the grounds of suspicion are sufficient to report the matter to NCA, then the MLRO will be required to make further inquiries (International Monetary Fund, 2011: 65). Once the MLRO has made a report to NCA, the report will be ‘protected’ under s. 337 so that nothing in the report shall be taken to breach any restriction on the disclosure of information. Given that BCD Bank may have engaged in money laundering by allowing RR’s transactions to take place, they may have a defence under s. 338 if they make demonstrate that they made the disclosure as soon as possible. Similar provisions also apply under th e TA if the person is also suspected of terrorist financing. As Christian has received a text message stating that RR is wanted by the authorities in the Ukraine for criminal actions against the state, it is likely that the MLRO will also be required to comply with the provisions under the TA for a reasonable suspicion of terrorist financing. An obligation to report under the TA will therefore arise which means that the MLRO will be required to disclose the identity of RR, any information that relates to the matter and the whereabouts of the laundered property. There are two different types of report that may be made by the MLRO, namely protected reports and authorised reports. A protected disclosure is made by a person during the course of their trade, profession or employment. This type of disclosure is generally made by a person who is carrying our professional activities. An authorised disclosure is made by a person who is about to commit a prohibited act or has already committed a prohibited act (Bastable and Yeo, 2011: 108). Since the bank has already dealt with the property that is suspected of being laundered, it is more appropriate for an authorised disclosure to be made. The MLRO will also be required to obtain consent from NCA under ss. 335 and 336 to determine whether Christian can action any further transfers out of RR’s account. This will be done by making a ‘consent report’ to NCA, which will then block any transactions for seven working days. If NCA gives consent to the MLRO, the MLRO will then be able to give consent to Christian to carry out the transactions (Bastable and Yeo, 2011: 108). If NCA refuse consent, however, the proposed transactions will be frozen for a further 31 days, unless consent is granted during that period; R (on the application of UMBS Online Ltd [2007] WL 1292620. The Risks and Issues for the Bank This particular issue regarding RR is likely to be problematic for the BCD Bank as they will want to act in the best interests of their customer, namely RR, so that they remain in business with them whilst at the same time they are required to fulfil certain obligations imposed upon them by law. Because BCD will be required to disclose their suspicions even if RR has not acted in a criminal manner, this will have a damaging effect upon RR’s reputation and as put by Hislop (2009); â€Å"absent bad faith, little more than a â€Å"bad feeling† can trigger a banks disclosure obligations under POCA 2002, with in some cases catastrophic commercial consequences for the customer and a damning of his hitherto â€Å"good name† in the business community.† If the banks suspicions are incorrect, this can be significantly detrimental for RR. As such, the bank will need to be careful that they are striking a balance between the interests of RR with its duties to disclose . In the recent case of SHAH and another v HSBC private bank (UK) Ltd (2009) EWHC 79 (QB) the implications Part 7 has upon the rights of the individual and the banking business was clearly highlighted. Here, it was demonstrated that where a bank makes a SAR in respect of a suspicious transaction, they may not be provided with protection if the customer decides to challenge the banks suspicions in the future. This is so, despite the fact that a criminal offence may have been committed if the bank failed to make such a disclosure. Customers will have a right to challenge the banks suspicions with the bank then being required to prove that the suspicion was reasonable. It may be difficult to determine how the bank can justify making a disclosure since it was made clear by the court in this case that â€Å"the defendant must think that there is a possibility, which is more than fanciful, that the relevant facts exist. A vague feeling of unease would not suffice.† The bank will therefore be taking a risk in many any disclosure, especially this one since it will have to be shown that the text message was sufficient enough for a disclosure to be made. Furthermore, even if the circu mstances do render a disclosure justified, the bank’s decision may still be challenged which can be costly and time consuming. In K Ltd v National Westminster Bank plc [2007] 1 WLR 311 it was noted by the Court that; â€Å"to intervene between a banker and his customer in the performance of the contract of mandate is a serious interference with the free flow of trade. But Parliament has considered that a limited interference is to be tolerated in preference to allowing the undoubted evil of money-laundering to run rife in the commercial community.† Therefore, even though such a disclosure may interfere with the relationship between the bank and RR, such interference will be necessary if it will be likely to prevent money laundering from taking place. The bank needs to be clear that an interference of RR’s account is appropriate on the circumstances, since a frozen bank account for a period of time has in the past been considered a ‘grave injustice’ in the case of Squirrell Limited v National Westminster Bank plc (Customs and Excise Commissioners intervening [2006] 1 WLR 637. Here, the customer’s funds were frozen resulting in the customer being unable to afford the legal fees it would cost to challenge the decision. Therefore, if RR’s funds were frozen, which subsequently prevented RR from challenging the decision; it is unlikely that this would be deemed appropriate by the court. In accordance with this, it has been said that the test for suspicion is â€Å"a purely subjective matter† ( Medroft, 2010: 190). The decision as to whether the suspicion is reasonable will therefore depend upon whether Christian actually believed that the transaction was suspicious. If it cannot be found that this is the case, the interference cannot be considered justifiable and a breach of the customer’s human rights may also be established as in K Ltd. The bank will therefore be required to consider whether ‘reasonable grounds’ do actually exist, having regard to the elements constituting market abuse offences (Hudson and Hutchinson, 2009: 1). There are many inherent risks that are associated with disclosures and as such, it is vital that the bank is aware of its exact rights and obligations. In SHAH the court found that the bank did not act in an unreasonable manner which is likely to be the case in the instant situation. As such, it will most likely be difficult for RR to show that the bank had not acted in good faith. However, it could be argued that there was an unreasonable delay by the bank to make the disclosure under s. 338(2). As a result of this, the bank could be exposed to liability for breach of its duty of care (Medroft, 2010: 190). Whether this is acceptable remains an arguable subject but as expressed by Benjamin (2007: 62); â€Å"here the objective is not informed consent to risk but combating crime.à ¢â‚¬  Accordingly, it is therefore generally accepted that a bank’s interference will be justified on public policy grounds. The bank will still be subjected to many risks when making a disclosure, nonetheless, and must therefore consider whether the consequences of making a disclosure can be justified (Ellinger et al. 2010: 114). In addition, if the bank decides to make a disclosure, they must be careful not to allow the customer to find out as they can be found liable for ‘tipping off. This is another issue that may arise since a customer could become aware that a disclosure has been made simply due to the fact that their account has been suspended. It could be said that the bank is in a difficult situation as whatever option it takes, sanctions may still be imposed. As one judge noted in Governer Company of the Bank of Scotland v A Ltd [2000] Lloyd’s Rep Bank 271, 287; â€Å"the bank may commit a criminal offence if it pays or if it refuses to pay.† Furthermore, if the bank makes a disclosure based on its suspicions, which later turn out to be unfounded, the bank risks civil liability for breaching its contract with its customer (Ellinger et al: 2010: 114). This is because the bank will have frozen the customer’s account which would have prevented payments from being made in and out of the account. Because the banks have a significant burden imposed upon them when it comes to dealing with money laundering, some attempt has been made to ensure that banks acting in good faith will not face criminal liability. For example, it was held by the court in C v S [1999] 2 All ER 343 that â€Å"it would not normally be an abuse of process to prosecute a bank which was doing no more than obeying a court order for disclosure.† Still, it is necessary for the bank to consider all of the risks before considering whether to make a disclosure or not. Overall, it is necessary on the facts for the MLRO of BCD Bank to make a disclosure to NCA since it does appear that the suspicions are reasonable. This is based upon the transaction of ?15 million that was made recently as well as the text message that Christian has received. Whilst the bank would be required to examine the potential issues with disclosing such information and freezing the account of RR this appears necessary and in the public interest. It will most likely prevent money laundering activities from taking place and will ensure that Christian, the MLRO and the bank are complying with their obligations. References Bastable, G., and Yeo, N., (2011). Money Laundering Law and Regulation: A Practical Guide, Oxford University Press. Benjamin, J., (2007). Financial Law. OUP Oxford. Ellinger, E. P., Lomnicka, E., and Hare, C., (2011) Ellinger’s Modern Banking Law, (Oxford University Press. Ellinger, E. P., Lomnicka, E., and Hare, C., (2010) Ellinger’s Modern Banking Law. 5th Edition. OUP Oxford. Hislop, D., (2009). ‘Banks, SARS the Customer’ 159 New Law Journal 1099, Issue 7380. International Monetary Fund., (2011) Banking and Insurance, Business Economics. Medcroft, N., (2010). A Banker’s Liability for Damages Arising from Compliance with PT 7 POCA’ 4 Journal of International Banking and Financial Law 227, Issue 4. Medcroft, N., (2009). Refusing to Execute Payment Instructions Where a Bank Suspects Money Laundering. 4 Journal of International Banking and Financial Law 190, Issue 4. Hudson, D., and Hutchinson, K., (2009). Suspicious Transactions Reports: Reporting Obligations of Financial Institutions in the UK. Complinet, [Accessed 07 June, 2014]. Cases C v S [1999] 2 All ER 343 Governer Company of the Bank of Scotland v A Ltd [2000] Lloyd’s Rep Bank 271, 287 K Ltd v National Westminster Bank plc [2007] 1 WLR 311 R (on the application of UMBS Online Ltd [2007] WL 1292620 SHAH and another v HSBC private bank (UK) Ltd (2009) EWHC 79 (QB) Squirrell Limited v National Westminster Bank plc (Customs and Excise Commissioners intervening [2006] 1 WLR 637

Valid Contracs Essay Example | Topics and Well Written Essays - 1500 words

Valid Contracs - Essay Example In the given case, on Monday, Eddie asked Adele for a quote on the price of wild boar piglets. This is not an offer but a mere inquiry. Simple queries for information do not amount to offers. Adele replied that the piglets would cost ?13,350 including delivery charges. Eddie said that the price was acceptable. This means that Eddie did not accept the price. There is a huge difference between accepted and acceptable. He further asked if Adele could deliver the piglets on Wednesday. This is again not an offer but a statement made in negotiation. Such offers also do not amount to offers. In Harvey V Facey [1893] AC 552, the plaintiff was interested in buying some land from the defendant. He asked the defendant the minimum price that he would accept. The defendant replied with a price. The plaintiff attempted to accept that price but the defendant refused to sell. It was held that the defendant’s reply was just a step in negotiation and not an offer. Adele told Eddie that she woul d fax her answer on the next morning i.e. Tuesday. Adele faxed her answer as promised but Eddie was not his office. Adele had agreed to deliver the piglets on Wednesday at the same cost. Adele did not wait for Eddie’s response and sent her driver to deliver the piglets.... The defendant refused to pay for them. A suit was brought by the plaintiff for breach of contract. It was held that the mistake made by the defendant did not entitle him to breach the contract. It was because his conduct was such that a reasonable person could have easily believed that he wanted the same oats as he was shown as a sample. Also in Plate v. Durst (1896) 32 LRA 404, the defendant was promised ?1000 and a diamond ring if she would remain his domestic servant for 10 years. She fulfilled the promise. It turned out that the defendant intended his statement to be a joke. It was held that the parties had entered into a contract because the defendant’s statement was such that a reasonable person could have easily construed it as a promise. The above mentioned case helps in determination of the fact whether a contract has been made between Eddie and Adele. From the facts, it can be seen that Eddie never made an offer to Adele clearly. It can be seen that Eddie wanted the piglets to be delivered on Wednesday but there is no statement that can establish the fact that if Adele could deliver the piglets on time, Eddie was ready to purchase them from her. His statement is just a step in negotiation; an intimation of his intentions. Eddie’s contract with Peter is not a breach of contract with Adele because there was no contract formed with her. The relationship between Eddie and Adele is devoid of the essentials of a valid contract. Therefore, Eddie would not be held liable for damages and the additional ?400. Answer 2 According to the given facts, Adele was hit by a fork-lift truck at Bambi Stores. The truck was being driven by Reggie, an employee of the store. Bambi Stores claim to have no liability for loss caused to Adele because they had written

Ethnograph Essay Example | Topics and Well Written Essays - 1750 words

Ethnograph - Essay Example The researchers’ decision to use observational and qualitative research method directly addressed the research questions such that research interview is the best choice to determine what care is like from the patients’ point-of-view whereas observational method is the best choice in determining how a patient receives assistance from the unit staff aside from determining the nurses’ perception about the patient satisfaction and quality of care and how care on the unit was organized, pure observation method was used in the study. Upon going through how the researchers conducted the ethnographic study in evaluating the patient satisfaction with the quality of care they received from the health care professionals, readers are expected to have a better understanding about the factors that could significantly affect the quality of care each patient is receiving in the surgical-medical unit. Ethnography is a common research strategy used in the study of social sciences like description of individual cultures (Dictionary.com, 2010). By conducting participant observation, research interviews, distribution of research survey questionnaires, and the collection of supplementary data like photographs, measurements, and patient records, this particular research strategy gathers empirical data regarding the nature and issues about the history of human culture and societies in writing (Maynard & Purvis, 1994, p. 76). In terms of biological sciences, the use of ethnography is similar to a case report or field study except that the study focuses on the patterns of thoughts and behavior of the research participants (Berwick, 2004; Boaz & Wolfe, 1997, p. 150). In relation to the use of ethnography, the article â€Å"Dance of the Call Bells† which uses ethnography in evaluating patient satisfaction with quality of care will be evaluated in terms of its accuracy and efficiency in

Alumni Essay Example for Free

Alumni Essay GENERAL BACKGROUND Information system (IS) is the study of complementary networks of hardware and software that people and organizations use to collect, filters, and process, create, and distribute data. The study bridges business and computer science using the theoretical foundations of information and computation to study various business models and related algorithmic processes within a computer science discipline. Computer information system (CIS) is a field studying computers and algorithmic processes, including their principles, their software and hardware designs, their applications, and their impact on society while IS emphasizes functionality over design. Any specific information system aims to support operations, management and decision making. In a broad sense, the term is used to refer not only to the information and communication technology (ICT) that an organization uses, but also to the way in which people interact with this technology in support of business processes. Some authors make a clear distinction between information systems, computer systems, and business processes. Information systems typically include an ICT component but are not purely concerned with ICT, focusing instead on the end use of information technology. Information systems are also different from business processes. Information systems help to control the performance of business processes. Alter argues for advantages of viewing an information system as a special type of work system. A work system is a system in which humans and/or machines perform work (processes and activities) using resources to produce specific products and/or services for customers. An information system is a work system whose activities are devoted to processing (capturing, transmitting, storing, retrieving, manipulating and displaying) information. As such, information systems inter-relate with data systems on the one hand and activity systems on the other. An information system is a form of communication system in which data represent and are processed as a form of social memory. An information system can also be considered a semi-formal language which supports human decision making and action. NEED OFINFORMATION SYSTEM Information systems help provide structure and access to information. Since libraries build, manage, and maintain information systems, librarians and LIS students are often propelled onto the front lines of interactions between library users and technology. But what do librarians need to know to best meet their patrons needs? Information expert Ratzan uses plain language, humor, and everyday examples like baseball and arithmetic to make sense of information systems . He also explores their characteristics, uses, abuses, advantages, and shortcomings for your library. Fun exercises and appendices are provided to illustrate key points in the book and measure understanding. You can be a technophobe and still learn about systems and subsystems to represent, organize, retrieve, network, secure, conceal, measure, and manage information. This expert sourcebook addresses both theoretical and practical issues, and is complete with exercises, examples, terms, and charts that help clarify concepts to make your information system a success. ADVANTAGES OF INFORMATION SYSTEM Information systems have significantly transformed the way business is conducted. In todays society it would be pretty difficult to find an organization that does not use some form of technology, automation or information system to help run its operational and daily transactional processes. Computer technology has become so highly integrated in the business environment it is often hard to remember a time when organizations operated without it. The benefits technology offers are very valuable and this is the primary reason why many businesses opt to invest in information systems. Increased Productivity When automation takes over some of the burden of the more mundane and routine tasks, the rapid speed increases productivity. In addition employees are free to work on other important tasks that require human thinking. The time computer information systems frees up also gives both management and their staffs the ability to have time to brainstorm and come up with new and innovative ideas since the burden of some of the everyday tasks are lifted. Less Redundancy and Better Data Integrity Computer information systems can be programmed to have amazing ability to eliminate duplicates, point out inconsistencies and merge data together to make it more manageable. This heightens the ability for higher degrees of accuracy and efficiency. Data integrity means the data is more reliable due to the capabilities of automation. Inputting data into information systems where it can be sorted, filed and processed is highly efficient. Long gone are the days of filing cabinets, missing papers, misfiled documents and other important details. If information is needed, all it takes is a few clicks of the mouse or a few works typed in and all the information immediately pops right up. Instead of having separated computer systems for different parts of a business, modern information systems allow systems to be streamlined. No longer do different staff members have to input and file the same information for their own purposes and needs. Instead data goes into one central place and IT personnel set up user privileges which are typically on a need to know basis and employees can access which areas of the information system they need to perform their jobs. Initially investing in computer information systems is a large investment, but when strategically planned through proper system analysis, the investment in information systems can pay off handsomely over the long term. The key is to think of the organizations mission, objectives and overall business plan and ensure the implemented information system meets these goals. With proper planning a company can simultaneously maximize profit while decreasing overhead costs. The possibilities of using information systems in business are endless. While  there are some challenges to overcome when making the transition to new kinds of automation, with strategic thinking, good technical planning and an overall willingness to embrace change through technology, there are many terrific advantages of integrating information systems in any organization. ALUMNI INFORMATION SYSTEM Alumni information system is an example of web application which is under the information systems. It helps an academic institution in tracking its alumni. Also, it helps the alumni to communicate with the institution through the use of the internet. It also helps the alumni to get updated with the latest news and upcoming events of the institution. This application can easily be accessed through the use of the internet which will be very useful to the alumni because they can keep in touch with the institution even if they do not visit the school. This application can be very useful especially to those alumni who are now living abroad because they can still get connected with their fellowmen and the institution. Nowadays, computer has infiltrated all the aspects of our society. The computer is most likely one of the great technological mechanism for future change. It can now simply make our works easier and lighter. With this great thing it won’t be more useful without the computer’s software. Software is a generic term for organized collections of computer data and instructions, often broken into two major categories: system software that provides the basic non-task-specific functions of the computer, and application software which is used by users to accomplish specific tasks. SCOPE OF THE PROJECT WORK A website requires attractive design and proper arrangement of links and images, which enables a browser to easily interpret and access the properties of the site. Hence it provides the browser with adequate information and functionality about the organization, community, network etc. This sites use to view information of alumni, job vacancy details. The current happening information showing in the page. The alumni are old students are registering their information in the  department. Here the department organizing the any activities is inserting in the site. This web site is totally full of information and details of person joined with that institute. This project is to modify, add store data of each and every individual. ABOUT THE ORGANIZATION Introduction A to Z Computech is one of the foremost technical and well experienced Computer Institute. It offers Diploma Courses, Higher Diploma Courses, Post Graduate Diploma Courses, Certified Courses, Individual Courses, Project Works, Implant Training, Soft Skill Training, Web Designing, and Software Development in various streams and Aims to provide Quality Computer Education. The Institute was established in June 1996 in Chennimalai, headed by J. Senthil Kumar, The Managing Director, and a visionary with 18 years of experience in the Field of IT. The Institute was certified by International Standard Organization (ISO 9001:2008). A to Z Computech aim to provide superior Computer Education in convivial and artistic environment with disciplined, Dedicated and Corporate regulations. Vision Vision is to bring up the computer skills, Innovative ideas and talents of each and every individual student from rural area and make them to participate in team for the Development of our nation. By providing Quality, time bound and cost-efficient Computer Education. Mission [The ultimate goal of A to Z Computech is to have its own identity in the Computer Training industry as a most trusted trainer in all aspects and a one stop solution for high quality, time bound and cost effective Institute. A to Z Computech is committed to maintain 100% student’s satisfaction by certain values Deep Integrity Ensuring Code of Conduct. Precious Timekeeping Highest level of Training Potential Leadership with an Energetic Team Sufficient Infrastructure for anytime Expansion Continuous Growth 100% Success Leadership and Team A to Z Computech are an Institute with diverse talents skills. Our Institute offers a Job Oriented Courses, College Project Works (All UG PG Courses), In Plant Training in which talented, creative motivated students can be employed by us. A to Z Computech dont just acknowledge hard work achievements; A to Z Computech reward it groom it. A to Z Computech have an experienced team of ambitious, vibrant, young professionals having ability to update with latest trends requirements of students. A to Z Computech teams passion is to take challenges and to deliver to Students expectations. ORGANIZATION OF THE PROJECT REPORT This project report is subdivided into six main chapters and some appendix. Chapter I â€Å"INTRODUCTION† includes the introduction about information system, need of information system, advantages of information system, alumni information system, about the organization and organization of the project report. Chapter II â€Å"SYSTEM ANALYSIS† includes description of the Existing System and proposed system. It’s employed to provide a systematic proposed method and principles to achieve the objectives of the report. Chapter III â€Å"SYSTEM SPECIFICATION† includes hardware and software requirements, front end and backend details. Chapter IV â€Å"SYSTEM DESIGN† includes system and data flow diagram, module description, database, input and output design. Chapter V â€Å"TESTING IMPLEMENTATION† includes testing plan and schedule, implementation details. Chapter VI â€Å"CONCLUSION FUTURE WORK† includes the conclusion and general evaluation of the project and suggestion of the future work.

The Importance of the Warrior Class Exposed in Funeral Oration of Peric

There are two important matters that the "Funeral Oration of Pericles" proves, these two matters are, the great respect that Athenians have for their warrior class and how the Athenians were exceedingly proud of their city and its customs. The following paper discusses the way of life of Athenians and how the Funeral Oration of Pericles influenced it. It is a well-known fact that the Athenians had a great deal of respect for the warrior class and believed them to be among the top members of their society. The warriors were seen as the top portion of their classes. They are classified as hero's and/ or idols. The Athenians were also extremely proud of their city and its traditions. To the people of Athens their country was at the top and there was no other country that could be superior. The purpose of the funeral oration was not only to respect the departed but also to reward the citizen's national pride and their passion to defend their country. The oration was a eulogy that focuses on the prominence of Athens and her ancestors. A member of the family gave the eulogy, generally it was a son if possible. It was required by the law for the dissertation to have some necessary components. The speech had to be in regard to the lives of both the deceased and the ancestors of the deceased. At the end of the eulogy that Pericles gave he spoke in reference to the soldiers and the ancestors of Athens. Although it seemed that he was not sure if he had an impact on the people and he was unsure as to if he had been able to get through to the citizens of Athens. He states, "My task is now finished. I have performed it to the best of my ability, and in words, at least, the requirements of the law are now satisfied." (Thucydides, 109) ... ... die for their country and it's people. Athenians set a goal for themselves, they wanted to love and shield their state in all ways possible and they wanted to choose the most honourable way to die, that being during battle. The reason this way of death is seen to be so honourable is because it showed that the soldiers fully loved their country and it meant that they had completed their goal. "And where the rewards for merit are greatest, there are found the best citizens." (Thucydides, 109) In conclusion, it can be said that the Funeral Operation proved how important and significant the warrior class was in Athens and how the people of Athens had a great respect for their city and it's customs. Works Cited Thucydides, The Peloponnesian War. Web 6 April 2015 http://www.perseus.tufts.edu/hopper/text?doc=Perseus%3Atext%3A1999.01.0200%3Abook%3D2&force=y

Belonging: ‘Feliks Skrzynecki’, ‘Migrant Hostel’ and Photo Essay ‘Belongings: Felt, Presented, Challenged’

Belonging is the ability of an individual to reconcile identity with their social environment. Peter Skrzynecki’s poems Feliks Skrzynecki and Migrant Hostel from the anthology ‘Immigrant Chronicle’ explore this concept in relation to migrants during the post WWII period and are reflections of Henri Tajfel’s social identity theory. The photo essay entitled Belongings; felt, presented, challenged transfers these same principles to a modern context, illustrating the enduring nature of the struggle humanity faces in the endeavour to belong.Feliks’ gardening in Feliks Skrzynecki can be seen as a response to the years of forced labour in Germany which left him at the mercy of bigger tides in the affairs of humanity. Once in Australia as part of the post WWII influx of migrants, Feliks devotes himself to creating an environment which he can control. Stanza one and two establishes a sense of comfort and familiarity within the niche he has created for himself . Feliks recognises that belonging is gained through the possession of particular socially valued and accepted criteria.In an Australian context, uniformity is made the criteria for belonging, something which Feliks himself does not value highly, as expressed in â€Å"Did your father ever attempt to learn English? † The condescending tone employed portrays the perceived societal value of assimilation and the representation of an unwelcoming society as seen from a migrant’s perspective. Henri Tajfel’s social identity theory states that a person’s sense of self is based on their group membership(s); that in order to increase our self-image we enhance the status of the group to which we belong (in group) and discriminate against the groups that we do not (out group).Peter Skrzynecki presents a contradictory self-categorisation in the poem Feliks Skrzynecki. â€Å"His (fathers) Polish friends always shook hands too violently† connotes cultural exclusiv ity and the affinity of the persona with a non-Polish culture. Child voice serves to highlight the generation divide between Feliks and his son as Peter seeks to strengthen his sense of belonging in his new Australian culture by establishing his father and â€Å"his Polish friends† as the ‘out group’.Conversely and simultaneously, the persona distinguishes himself from the Australian bureaucracy through the use of derogatory, stereotypical language: â€Å"A crew cut, grey haired department clerk who asked me in dancing bear grunts†. This highlights the difficulty of establishing a sense of belonging when conflicted with two cultural identities. The poem Migrant Hostel (Parkes 1949-51) explores the alienation of and animosity shown towards ‘newcomers’ to Australian society. â€Å"Nationalities sought each other out instinctively† connotes the importance of familiarity, as expressed in Feliks Skrzynecki.Individuals are more able to reconc ile their personal identity with the inherent need to belong to a group in a known and familiar environment. The emotional and physical security provided by one’s own cultural group is evidence of the pre-programmed biological need to form ‘tribes’. The migrants are dehumanised through a lack of information- â€Å"left us wondering† and â€Å"unaware†. The migrants pose a threat to current Australian pattern of existence and the construct of social Darwinism dictates that the new threat must be eliminated.In order for the individuals to maintain their feelings of belonging, the two groups are in a constant state of competition; hence the hostility felt by the migrants is a result of competing identities. Consequently the perception that we must learn our right to belong permeates society. Belonging is not an inherent right of the human being, but something that is earned through socially valued criteria. Just as Feliks is denied acceptance by Austra lian society in Feliks Skrzynecki, so too are the migrants by â€Å"a barrier at the main gate†¦.Pointed in reprimand or shame†. The migrants are made to feel prisoners, subverted to authority and â€Å"needing its sanction† to live their lives. Due to their alternate cultural identity migrants are excluded and alienated from society, revealing that t concept of belonging is heavily based on dominant culture. Belongings: felt, presented, challenged explores perhaps the most conflicting yet thought provoking aspect of belonging; that of the struggle between society’s expectations of conformity and the individuals search for a unique sense of identity.The photo essay is compiled of images taken by victims persecuted for choosing not to belong to the popular vision of society. In the post 9/11 context, where choosing not to belong can result in civil wars and racial persecution, this simultaneous need to belong to society and an individual’s own search for identity are harshly conflicted. Individual torment and dislocation is experienced by thousands of people as they become the casualties of an internal jihad of ethics and instinct.The control exerted over these people is a gross exaggeration of the control portrayed in Migrant Hostel and represents the dire consequences of the inability of the individual to reconcile personal identity with their social environment. The ability is indeed affected by the nature of the individual’s context. The ideas about belonging communicated in Belongings: felt, presented, challenged are such that some milieu do not foster individual thought but rely solely on conformity as a basis for belonging. Any deviance from this structure results in persecution and in extreme cases, genocide.To a lesser extent, Peter Skrzynecki experienced these feelings of oppression and conveys the emotional isolation involved in the process of migration and assimilation. Migrant Hostel reveals the perception th at we must earn our right to belong and the opposition faced by competing groups. Feliks Skrzynecki further explores this concept, looking at the effects of conflicting cultural identities on an individual and the affiliation with competing ‘in’ and ‘out’ groups. Thus belonging is determined by the ability to reconcile personal identity with social environment.