Tuesday, December 31, 2019
Change in American Social Values in Thomas Mertons Rain...
A query from Thomas Merton: ââ¬Å"Canââ¬â¢t I just be in the woods without any special reason?â⬠(TMSM, 391). The question returns with each reading of Mertonââ¬â¢s earlier works. And, the commonplace response of the newly introduced student to Merton comes not from the Trappist Monk, but from Dorothee Soelle in her book Theology for Skeptics: Reflections on God: ââ¬Å"But must we really speak in this way?â⬠(SoÃËlle, 15). No doubt the gifted theologian realizes the truth in this hypothetical Socratic dialogue; even the most humdrum reader, too, should find the words contradictory but necessary. Indeed, Merton asked his rhetorical question in ââ¬Å"Rain and the Rhinoceros,â⬠an essay written in response to the changing of American (and International) social values,â⬠¦show more contentâ⬠¦He sought to focus upon the individual as a precursor of change, rather than the institution, or the Church, as the sole mechanism to accomplish informed action. Prec isely. Merton challenged convention. My thesis stands thus: Merton existed allotropically in his early years, focused on a monastic and contemplative life while at the same time promoting social change. Yet, his writing style strongly reflects the modernist thinkers he studied while at Columbia. The paper shall focus on the essays ââ¬Å"Rain and the Rhinocerosâ⬠and ââ¬Å"Fire Watch, July 4, 1952,â⬠and present passages from his journals. It will also draw attention from other sources other than Mertonââ¬â¢s own. Finally, it will conclude with the ideas of the author. ââ¬ËIt will talk as long as it wants, this rain.ââ¬â¢ ââ¬Å"But they must know that there is wetness abroadâ⬠(TMSM, 391). A Thoreauvian statement. A Thoreauvian note as well in the laconic Mertonian reason: ââ¬Å"Perhaps they even feel it. I cannot sayâ⬠(TMSM, 391). An essay populated by surreptitious tendencies, ââ¬Å"Rain and the Rhinocerosâ⬠depicts the culmination of a man leaving the modern world on his own accord. The aspect of the essay is about the attempt, by the hermit, to break away from the herd of everyday civilization and bask in the rain, a gift from the heavens that for the time Merton can simply enjoy, away from ââ¬Å"a womb of collective illusionâ⬠(TMSM, 393). Itââ¬â¢s an essay of prodigious strength concerning a
Monday, December 23, 2019
The Film Rocky Horror Picture Show The Character Dr. Frank...
In the film Rocky Horror Picture Show the character Dr. Frank-N-Furter sings the words, ââ¬Å"So Iââ¬â¢ll remove the cause, but not the symptomâ⬠(Oââ¬â¢Brien). In this cult classic musical written by Richard Oââ¬â¢Brien follows a newly engaged couple through a sexual journey as they lose their innocence and start to conform to traditional gender stereotypes. Today the youth of America are being bombarded with conflicting ideas about gender, race and sex. These conflicting ideas can lead to skewed visions on what defines masculinity and furthermore what defines femininity. Furthermore, sexual assault on college campuses by men and particularly student athletes have come to the forefront of many news headlines in recent years and while some believe that sexual assault stems from ââ¬Å"locker room cultureâ⬠, rather it stems from a skewed sense of masculinity that has been created over the years of consuming media. Many try to educate these same men on what defines consent and how to properly act in sexual situations, but this is merely trying put a temporary solution on a much larger issue. If people wanted the systemic issue of sexual assault to be reduced, then the root cause must be removed. A twisted view of masculinity is the root cause of many sexual assault because a twisted view of masculinity causes unhealthy understanding of sexuality and consent. Three main terms will be used in this essay and require a definition as to avoid confusion. Masculinity is defined by Merriam-Webster as,Show MoreRelatedProject Managment Case Studies214937 Words à |à 860 PagesEDITION - PROJECT MANAGEMENT CASE STUDIES, SECOND EDITION HAROLD KERZNER, Ph.D. Division of Business Administration Baldwin-Wallace College Berea, Ohio John Wiley Sons, Inc. This book is printed on acid-free paper. @ Copyright O 2006 by John Wiley Sons, Inc. All rights reserved. Published by John Wiley Sons, Inc., Hoboken, New Jersey Published simultaneously in Canada No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form
Sunday, December 15, 2019
Shower Gel Marketing Free Essays
Soap, Bath and Shower Products Issues in the Market The soap, bath and shower category straddles two worlds ââ¬â at once it falls into the arena of must-have consumer goods, which consumers see as integral to their everyday wellbeing, while at the same time it has an opportunity to tap into a consumer desire for escapism and fantasy. Close to half of women who use bath additives, for instance, cite a long bath as their ultimate pampering treat. How many fast-moving consumer goods segments can claim to satisfy such lofty needs with such a low ticket price? The beauty industry often cites the resilience of the colour cosmetics category in times of crisis ââ¬â otherwise known as the lipstick index. We will write a custom essay sample on Shower Gel Marketing or any similar topic only for you Order Now It is time for the beleaguered bath additives segment to do the same and position their products as a luxury indulgence at prices accessible to most. Q: How is the economic environment impacting sales of soap, bath and shower products? A: Value sales of SBS products grew in single digits between 2006 and 2011 (with the exception of 2010 when year-on-year growth was more or less flat). The category is buffered somewhat from he inclement economic climate because of the must-have nature of daily cleansing products. At the same time, consumers are clearly under pressure to keep a close eye on household budgets. A third of adults who use shower products are paying more attention to how much they spend on such items because of the economic situation and the same is true for four in ten bath product users and three in ten soap users. Looking ahead, Mintel forecasts the SBS category will grow by 11% between 2011 and 2016, while in real terms (excluding inflation) sales will slip very slight ly. Q: Which segments have most potential for growth? A: There is a clear divide between two promising segments ââ¬â liquid soaps and shower gels ââ¬â and two less buoyant ones ââ¬â bar soaps and bath additives. Mintel expects liquid soap and shower gel sales to grow by 28% and 17%, respectively, between 2011 and 2016, whereas we expect bath additives to slump by 4% and bar soaps by 15% in the same timeframe. The differing performances come down to consumer preference. Adults are much more inclined to use shower gels and creams over bath additives, for instance, likely because showering is uch more convenient and is a quicker option for todayââ¬â¢s time-poor consumer. In addition, half of soap, bath and shower product users have switched to taking showers rather than baths in an effort to save water. Meanwhile, liquid soaps have an edge over the more traditional bar format with 89% of women using liquid soaps compared to 77% who use bar soap. While they potentially offer a cost saving over liquid varieties, Brid Costello Senior UK Beauty Analyst bcostello@mintel. com Tel: +44 (0) 20 7606 4533 A self-confessed beauty junkie, Brid tracks the UKââ¬â¢s fast-moving beauty market. Before joining Mintel in 2010, she spent a decade as a beauty editor for fashion and beauty trade newspaper Womenââ¬â¢s Wear Daily. Based in the Conde Nastowned titleââ¬â¢s Paris office for five years before transferring to its London bureau, Brid acquired expertise across the beauty spectrum. Brid studied Journalism at Dublin City University (DCU). à © 2012 Mintel Group Ltd. All rights reserved. Confidential to Mintel. Soap, Bath and Shower Products Issues in the Market bar soaps suffer from a somewhat old-fashioned image. With no sign of consumersââ¬â¢ habits changing in the hort term, there is unlikely to be any reversal of these sectorsââ¬â¢ performance. A third of bath and shower product users buy whatever product is on special offer, while half stock up when their favourite brands are on special offer. Q: What are consumersââ¬â¢ primary concerns when it comes to buying soap, bath and shower products? A: While the basic premise of SBS products is to cleanse, such items now go above and beyond that call of duty. More than three quarters of adults who use shower products, for instance, want their gels and creams to moisturise or soften their skin, while just over half are looking or an invigorating or refreshing showering experience. When it comes to bath additives, pampering and relaxing are the key concerns for two thirds of bath product users. Women are particularly keen on luxurious soaks, with just over half considering a long bath to be their favourite pampering treat. Soap, meanwhile, has a much more pragmatic bent. Close to half of liquid and bar soap users say that cheap or good value products are their top priority, while suitability for the whole family comes second. Q: Which consumer demographics are most important to the category and how will opulation changes impact sales going forward? A: Changes in the UKââ¬â¢s population make-up will impact the SBS sectors to differing extents between 2011 and 2016. Shower product and liqu id soap sales will likely be buoyed, for instance, given that these sectorsââ¬â¢ highest volume users ââ¬â adults aged 25-34 ââ¬â will grow in number by 872,000 in the period. Population changes are less favourable for bath additives and will do little to bolster the category, which is already in the doldrums (sales dipped by 2% in 2011). In general, however, the countryââ¬â¢s population will increase y more than 3% (or 1. 7 million) between 2011 and 2016. Given the high penetration rates of soap and shower products, this is some good news for the category in general. Q: What influence do promotions have on the market? A: The SBS category is highly promotional with multi-purchase offers and discounts top priorities for consumers. For instance, a third of bath and shower product users buy whatever product is on special offer, while half stock up when their favourite brands are on special offer. It is little surprise then that the multiple-door grocery hains dominate the retail landscape and account for close to half of category retail sales. With large chains ââ¬â such as Sainsburyââ¬â¢s, Tesco, Asda and Morrisons ââ¬â frequently basing advertising on their commitment to low pricing and vying with each other to offer headline-grabbing discounts, itââ¬â¢s unlikely the situation will change anytime soon. This will continue to put pressure on the category vis-a-vis growing value sales as consumers have become accustomed to finding their preferred goods at preferential prices. à © 2012 Mintel Group Ltd. All rights reserved. Confidential to Mintel. How to cite Shower Gel Marketing, Essay examples
Saturday, December 7, 2019
Internal Controls in an Organization-Free-Samples-Myassignment
Question: Discuss about the Impact of Implementation of Internal Controls in an Organization. Answer: Introduction A document which sets out the obligations of the parties to a construction project is known as known as a construction contract. A construction project consists of both contractual as well as tortious liabilities for the parties to it. It is in the best interest of the parties understand about the rights and obligations which they have in relation to a construction project so that any further dispute can be avoided. It is essential for the parties to ensure that they document all the rights and obligation which they have in relation to a construction project and oral agreements have to be avoided at all cost. Parties to the construction projects can select a standard form of construction project for the purpose of carrying on with their operations. One of the best standard form of contracts which are used in the United Kingdom is the Joint Contract Tribunal (JCT) standard form of contract. This reports deals with a major construction project in relation to the construction of a flags hip hotel in Springville and therefore the JCT Major Project Construction contract (MP) has been selected for the purpose (Hughes, Champion and Murdoch 2015). The parties to the construction project also owe a duty of care towards each other to ensure that they are not subjected to undue losses or detriments and therefore they are also subjected to the obligations under the law of torts (Burr 2016). The paper discusses the contractual and tortious liabilities in a contraction project by discussing the impacts of major clauses in a construction contract in the light of relevant case laws and legislations. JCT standard Form of contract (MP) This type of contract has been formulated for construction projects which operate on a large scale and which involve major work. Employers who procure large scale construction projects on a regular basis use this type of contract. on the other hand the contractors who have the ability to manage high risk which may be considerably less under other forms of JCT contracts and have experience in relation to large construction projects choose this type of contract. Projects which have been procured through the design and building method are best suitable under this form of contract. Therefore in the given situation the where Madeleine Li is planning a flagship hotel which is worth millions of pounds and the contractor selected for the project Monroe Construction (UK) Ltd (MCUK) is also a big company the JCT MP contract is best applicable. In this form of contract the contractor and the employer have in-house procedures which have been developed by themselves and therefore the contract conditions requires only limited procedures to be set out. As in this case the contractor is subjected to increased risks as compared to other forms of contract they along with the employer and subcontractors are efficient in undertaking projects which are commercially large (Williams et al. 2013). The contractor under this contract has the responsibility of designing and the completion of the project. The extent to which the designing work is to be carried out by the contractor is subjected to variations. The contractor in this case may also be asked to complete the design based the concept which has been given by the employer or their advisors. In other cases the contract imposes a liability on the contractor to undertake the work starting from design till the contraction project is completed through the employment of sub-contractors or through their house teams. Generally this type of contract has a novation agreement which allows the designer or architecture who worked with the employer initially to continue and complete the design under the responsibility of the contractor (Cartigny Lord 2017). Important clauses in JCT MP Standard Form Contract There are various clauses in the JCT standard form contract however this part of the report only discusses about the most importance causes which can have a significant effect on the parties to the construction project in terms of legal and financial liabilities. The MP is divided into four sections which acts as helpful guidance which are the contract conditions, the contract particulars, the third party rights schedule and the pricing document (Eadie et al. 2013). The contract conditions which are set out in section headed format so that similar clauses are kept together contains the primary terms of which the construction work is to be carried out such as time of completion, method of payments and contract variation clauses. The contract particulars which were formerly included in appendix set out all particular information which includes default option wherever applicable (Cooke and Williams 2013). The their party rights schedule sets out the terms in relation to the rights of the third parties and finally the pricing documents set out information required to allow the calculation of valuation of changes and the contract terms. The major areas where the parties need to be careful in relation to the contract includes scope of work, payments, price variation, time variation, project type variation, warranties and bonds, indemnification (Keane and Caletka 2015). Variations A variation order is an order under the construction contract for the purpose of altering the scope of work in a construction project by adding, substituting or omitting the original scope of work. Almost all large construction projects alter to some extent form the original scope of work. The change may however not be easy for the parties to the contract and therefore these in event of such orders the aggrieved party has to be compensated for any loss which have been incurred by them in relation to the change. Variation may also take place when the contract document does not contain specific work which need to be performed and in such cases the other party loses the right to claim any compensation. Therefore it is recommended that all such information is properly documented. Variation can also be in relation to the time when the project is to be completed and in case the project is not completed in the provided time the aggrieved party may be entitled to compensation (Thomas and Wri ght 2016). Indemnification Indemnification clauses are incorporated by the parties to the contract so that the parties are not made liable beyond a set limit. Through these clauses the parties to the construction contract limit their liability to a certain extent and therefore cannot be held liable beyond the Set liability. As the MP has provisions for an indemnity clause the parties to the contract must be very careful while negotiating the close as at the time of any breach the wrongdoer may use such clause to limit the liability which may be detriment to the aggrieved party (Potts and Ankrah 2014). Payments The provisions in relation to how payments are to be made with respect to the construction contract had to be set out specifically and clearly through the terms of the contract. Large construction project may require periodic payment by the employer to the constructor and therefore the provisions in relation to search payment should be clear in order to avoid any dispute. Under the MP it is not allowed to incorporate a term into the contract according to which the payment for the contract would depend upon the performance of any other contractual obligation arising in some other contract (Adriaanse 2016) Adjudication The MP sets out provisions in relation to a statutory adjudication. No parties to the contract is allowed to add a clause into the contract through which only one party would be liable to pay the cost of the process until and unless it is provided by the arbitrator. Dedication has to be done mandatorily before the parties seek any other way of resolving the contractual dispute such as litigation (Tomlinson and Woodward 2014). Construction law cases and legislation in UK Construction contracts in UK are covered the by Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act). The provisions of Housing Grants, Construction and Regeneration Act 1996 have been significantly amended by the new legislation. Which was applicable on most of the construction contracts in the United Kingdom since 1998. The new legislation contents fallback provisions in situation where the construction contract expressly does not contain terms in relation to payments and adjudication. The legislation was a result of constant demand from the interested party with respect to enhancing the perceived weakness in construction projects which fall into mainly two provisions of payment and adjudications. One of the most significant changes in relation to the act has been section 107 which expressly provided that for the act to be applicable the construction contracts have to be in writing which excluded those contracts which were not in writing and subjected search parties to detriment. The new legislation no longer makes it mandatory for a construction contract to be in writing in order for that to be applicable. In the case of Bridgeway Construction Ltd v Tolent Construction Ltd [2000] CILL 1662 it was held by the court that construction contracts can have a Tolent clause in which the cost of adjudication would be borne by the party who has referred the dispute graduation. The provisions was present to prevent a party from referring a dispute to adjudication the new legislation to Section 108 prevents the use of the tolent clause and render any such clause ineffective in relation to construction contracts until and unless power is provided to the adjudicator to allocate the cost of the proceedings. The legislation introduces provisions of statutory at dedication which means that it is binding on the parties to the construction contract until they try to resolve the dispute through the process of litigation. The new legislation also address is the issue of incorrect ruling by introducing slip rule which enables the adjudicator to correct typographical of clerical error in a decision. The previous legislation supported the pay-when-paid clause however the new legislation sets out provisions to invalidate the use of such clause. The rule had been discussed in the case of Midland Expressway Ltd v Carillion Construction Ltd [2005] EWHC 2963 with the court describe the process pay-when-certified, however under the new legislation the payment provisions in a construction contract cannot be linked to the provisions of any other contract until and unless there is an agreement between the parties for doing the construction operation through another party rather than one of the parties to the contract. According to the case of Cavendish Square Holdings BV v Talal El Makdessi and ParkingEye Limited v Beavis [2015] UKSC 67 a penalty clause in a construction contract is added to prevent the other par ty to the contract from breaching and provisions however the real damages are still assessed from the actual loss which has been faced by the aggrieved party to the contract. In the case of MT Hojgaard A/S v EON Climate and Renewables UK Robin Rigg East Limited [2015] EWCA Civ 407 it was ruled by the court that where a contract has an absolute warranty it is the liability of the contractor to achieve a specific result even in case he had complied with specific design guidance where the absolute warranty in the contract is clear and consistent with the other provisions of the contract in the case of SSE Generation Ltd v Hochtief Solutions AG [2015] CSOH 92 it was held by the court that it is necessary for the parties to take into account the impact and purpose of any necessary joint names insurance in the initial stages of the contract and set out in the contract weather the policy is a substitute to any contractual liability or they exist together. Negligence in construction projects The import of a number of professionals are required in most of construction project where is of the professionals have a different role to play in the project starting from designs till the project is completed. Each professional for the duty of skill and care towards the other party. In addition the input of non-professional such as building contractors are also required for the purpose of successfully completing the project (Walker 2015). There are significant risk associated in the construction project which may lead to damages due to the negligence of those who are involved in the project. Who has been at fault in relation to the damages with respect to the input of professionals and non-professionals complicate the argument further. Negligence cases in the construction industry can result in significant damages and therefore the parties to the project have to be very careful in the way in which they carry out the operation. In addition they must always have and insurance in pla ce to mitigate the risk of any negligence which has been committed by their agents. The Architects who has the role of designing the whole construction project would be considered negligent failed objective test and are not able to deploy the skill and diligence which a reasonable professional architect would have done in the same situation. These Architects automatically over duty of care towards the employer and the constructor according to the principles laid down in the landmark case of Donoghue v Stevenson 1932 AC 522. According to the principles of this case any person whose action can cause harm to the other was the duty of care towards each other person. The but for test is also applied in the construction industry to ensure that the elements of negligence have been fulfilled. The test is used to determine the last element of negligence which is causation. According to the test if the damages would have not been caused if the negligent Act was not in place then the person ow ing the duty of care is not liable for negligence. Terms in relation to negligence in construction project must be incorporated into construction contract so that the liability of the parties to the project is clear from the outset. However it is to be noted that under the law of negligence in UK a person is not allowed to add an exclusion clause in the contract with respect to the liability of negligence. Therefore construction contracts and only have exclusion clause in relation to contractual liability but not for the liability of negligence by the parties involved in the project (Brook 2016). Conclusion From the above discussion it can be concluded that construction projects in the United Kingdom are governed by common law horse contract and negligence as well as specific legislations enacted by the parliament. For the purpose of carrying out any major construction work which is to be done in this case one of the most suitable form of standard contracts is the JCT major project contract. The contract provides flexible clauses which can be determined by the parties to it. However the clauses cannot be of such a nature where they are contrary to any existing common law or legislative provisions. Therefore Madeleine Li have to take into consideration the above discussed provisions in relation to construction projects to carry out the operations of the new hotel in Springvill References Adriaanse, M.J., 2016.Construction contract law. Palgrave Macmillan. Bridgeway Construction Ltd v Tolent Construction Ltd [2000] CILL 1662 Brook, M., 2016.Estimating and tendering for construction work. Taylor Francis. Burr, A. ed., 2016.Delay and disruption in construction contracts. CRC Press. by Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act) Cartigny, T., Lord, W. (2017). Defining social value in the UK construction industry.Proceedings of the Institution of Civil Engineers-Management, Procurement and Law,170(3), 107-114. Cavendish Square Holdings BV v Talal El Makdessi Cooke, B. and Williams, P., 2013.Construction planning, programming and control. John Wiley Sons. Donoghue v Stevenson 1932 AC 522 Eadie, R., Browne, M., Odeyinka, H., McKeown, C., McNiff, S. (2013). BIM implementation throughout the UK construction project lifecycle: An analysis.Automation in Construction,36, 145-151. Hughes, W., Champion, R. and Murdoch, J., 2015.Construction contracts: law and management. Routledge. Keane, P.J. and Caletka, A.F., 2015.Delay analysis in construction contracts. John Wiley Sons. Midland Expressway Ltd v Carillion Construction Ltd [2005] EWHC 2963 MT Hojgaard A/S v EON Climate and Renewables UK Robin Rigg East Limited [2015] EWCA Civ 407 ParkingEye Limited v Beavis [2015] UKSC 67 Potts, K. and Ankrah, N., 2014.Construction cost management: learning from case studies. Routledge. SSE Generation Ltd v Hochtief Solutions AG [2015] CSOH 92 Thomas, R.W. and Wright, M., 2016.Construction contract claims. Palgrave Macmillan. Tomlinson, M. and Woodward, J., 2014.Pile design and construction practice. CRC Press. Walker, A., 2015.Project management in construction. John Wiley Sons. Williams, T., Bouchlaghem, D., Loveday, D. and Law, C., 2013. Principal contractor involvement in post-occupancy evaluation in the UK construction industry.Facilities,31(1/2), pp.39-55.
Subscribe to:
Posts (Atom)