Governmen assistance programs

Thousands of people rely on these services daily, without these programs for some daily life is not possible. I for one oppose these government assistance programs and agree with the statement † Welfare has become a system that creates dependency and is a crutch for which individuals never aspire to do better†. Food Stamps otherwise known as Supplemental Nutritional Assistance Program (SNAP). It is a federal aid program, administered by the U. S. Department of Agriculture.SNAP is the largest nutrition assistance program and is estimated to eave served more than 40 million low income Americans per year. The program started in 1939 due to unmarketable food surpluses and widespread unemployment. I believe Food Stamps are being abused in our society by most, and have become a free pass for Junk food, I think the government should stop funding it. WICK was created in 1974 as a response to the realization that hunger and poverty were widespread in this country and that inadequa te nutrition poses a real threat to the human body.The program is aimed at low-income pregnant women, breastfeeding women, and infants and children under the age of five. WICK started in 1968 when physicians described to the Department of Health, Education and Welfare and the USDA that young women, often pregnant, came to their clinics with various ailments that were caused by a lack of food. The doctors would prescribe needed foods, with the prescription acting as a sort of food voucher. I believe WICK keeps low Income families stable and should continue being funded.Public Housing Is housing administered by federal, state and local agencies to provide subsidized assistance for low-income households. According to Wisped â€Å"Permanent, federally funded sousing came Into being In the United States as a part of Franklin Roosevelt New Deal. Title II, Section 202 of the National Industrial Recovery Act, passed June 16, 1933, directed the Public Works Administration (PAW) to develop a program for the â€Å"construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects†¦ . However most of current-day public houses or â€Å"projects† have degenerated Into areas of poverty. I believe that public housing needs to be updated because of this reason. As according to Businesslike. Com most republicans agree that governmental orgasm should stop being funded such as Food Stamps. They claim the program Isn't tax-friendly. Democrats claim The programs help vulnerable people at a time when It Is difficult to find Jobs and feed families.Nonetheless I think these federal programs should stop being funded because they create a dependency and some waste taxpayer dollars, however I think there should be cheaper, and more thought- through alternatives that actually solve peoples problems or help to an extent without the programs being taken advantage of. Government assistance programs By playfello ws the prescription acting as a sort of food voucher. I believe WICK keeps low income families stable and should continue being funded.Public Housing is housing low-income households. According to Wisped â€Å"Permanent, federally funded housing came into being in the United States as a part of Franklin Roosevelt New public houses or â€Å"projects† have degenerated into areas of poverty. I believe that As according to Businesslike. Com most republicans agree that governmental isn't tax-friendly. Democrats claim The programs help vulnerable people at a time when it is difficult to find Jobs and feed families. Nonetheless I think these federal

Contract Formation

Part A Contracts are an integral part of business and everyday life, and are fundamental to construction as the industry relies on the formation of contracts for business agreements. â€Å"Contracts are based on the idea of a bargain, where each side must put something into the bargain. A contract may be defined as ‘an agreement which is binding on the parties’† (Galbraith, 1998, pg78). There are a number of key components which must be present in the formation of such contracts. Firstly, there needs to be an initial offer made by one party for the formation to begin. An offer exists when one party effectively declares his readiness to be bound by a set of terms without any further negotiation† (Galbraith, 1998, pg79). It is interesting to note also that there is generally no requirement that the offer be made in any particular form, it may be made orally, in writing or by conduct (McKendrick, 2007, pg33). The exception to this is with speciality contracts s uch as the sale of land or estates or when deeds are formed between parties giving them twelve years liability instead of the six on simple contracts, and are frequently used within construction (Owen, 1998, pg47).However there is a fine line between what constitutes an offer, and an invitation to treat. â€Å"An invitation to treat is simply an expression of willingness to enter into negotiations which will lead to the conclusion of a contract at a later date† (McKendrick, 2007, pg33). There is much confusion between the two, as shown in the cases of Gibson v. Manchester City Council [1978] and Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953].An example of an invitation to treat in construction is the tendering process, in which the employer will invite contractors to make an offer based on the project information, which the employer can then choose to accept to form a binding contract. In terms of the enforcement of contract law, when case s are examined McKendrick (2007, pg32) states â€Å"the courts adopt the ‘mirror image' rule of contractual formation, that is to say they must find a clear offer which is matched by an equally clear acceptance†.Acceptance is also defined as â€Å"an unqualified expression of assent to the terms proposed by the offeror† (McKendrick, 2007, pg43). Therefore a contract can only be legally binding if the offer includes clear terms and is declared to the offeree, with communication of a clear and firm acceptance to be bound by these terms given back to the offeror. These two factors combined culminate in the agreement of the contract. However contract formation is rarely simple, and often the offeree will wish to introduce their own terms to the agreement as part of the negotiations, communicating this back to the offeror.This is known as a counter offer. Galbraith (1998, pg80) points out that â€Å"the offer – counter offer situation arises frequently in busi ness where each side in the negotiations may be trying to make the contract on the basis of their own ‘pro forma' standard documents. This gives rise to what us known as battle of the forms† The battle of the forms scenario succinctly defines the rules of offer and acceptance, in that any counter offer destroys the original offer making it irretrievable, with agreement of contract resulting when the last offer is accepted by the offeree.An example of this is evident in the case of Butler Machine Tool Ltd v Ex-Cell-O Corp [1979]. It is also important that there is an element of certainty to the terms of the contract, with the parties expressing their agreement in a form sufficiently certain for the courts to enforce (McKendrick, 2007, pg57). If there is an element of vagueness in the terms of the contract, it could be judged there is no valid contract at all, an example being the vague use of the term ‘hire-purchase' in the case Scammell v Ousten [1941].However if t he parties have contracted with each other previously, it could be deemed as stated by Owen ( 1998, pg55) â€Å"a previous course of dealings will control some of the matters not expressly agreed in the present case, e. g. the amount of pay which could be the same as that paid on a prior occasion†. One particular problem in construction is the ‘letter of intent', widely used between employers and contractors as a form of pre-contract agreement. Following on from the tendering negotiations, Adriaanse (2010, pg55) writes â€Å"the purpose of a letter of intent is to express an intention to enter into a contract at a future date†.These are the result of failing to negotiate on certain terms in time for the project start date, and are introduced to allow the commencement of work, keeping within the projects' completion target. As these are often not legally binding contracts they cause disputes in the future if one of the parties does not carry out their duties, as i n British Steel Corporation v. Cleveland Bridge & Engineering Co. Ltd (1981). Owen ( 1998, pg50) writes that â€Å"all simple contracts must have consideration given by each party to the other as the price of each other's promises.It may take the form of money, goods, services, promises not to sue etc. † For example party A must receive something from party B, in return for party A providing something to party B. However McKendrick (2007, pg88) states that â€Å"consideration must be sufficient but does not need to be adequate†, meaning for example something must be offered to the other party in return to satisfy the rules of consideration, but does not need to be of an equal value as shown in the cases Chappell & Co Ltd v Nestle Co Ltd [1960] and Thomas v Thomas [1842].Consideration given also cannot be past, stated by Owen ( ) in that â€Å"you cannot make a contract in which one person promises to do something for another in exchange for a consideration which has a lready been performed†. This is clear in the cases of Lampleigh v Brathwait [1615] and Roscorla v Thomas [1842].Consideration is of huge importance in the construction industry, as Adriaanse writes this is due to â€Å"a number of factors such as the length of the contractual chain stretching beyond the parties to their subcontractors and suppliers, as well as the system of competitive bidding meaning one party may under-price the cost of the work, raising the possibility that one party may wish to renegotiate the agreement†. This can lead to the question of whether consideration was given when the contract was formed and whether the party is legally entitled to expect renegotiation to occur.However even when consideration has been given by parties and agreement reached this does not mean there is an enforceable contract in place. For a contract to be valid there must also be present the intention of all parties to enter legal relations with one another. Galbraith (1998 , pg91) explains there are two categories, â€Å"commercial arrangements where the parties are presumed to have intended to create a contract, and family, domestic and social arrangements where they are presumed to have not†.In the field of construction only the former is relevant, where the courts would initially look at a case between the parties and presume an intention to enter a contract exists. Conflict can occur when one of the parties seeks to rebut the presumption, in which the party will need to show evidence no contract was intended. An example of such a rebuttal is the case of Rose and Frank Co. v. Compton Bros where it was indicated the written document drawn up was merely a ‘gentleman's agreement' and not a legally binding contract (Galbraith, 1998, pg92). The legal capacity of the parties to enter into a binding agreement also must be present.Minors under the age of 18, and the mentally incapacitated are not able to enter into contracts to protect them fr om their own inability or inexperience (McKendrick, 2007, pg348). Companies are deemed to have full capacity to enter into legal contracts and are not restricted in any way. In conclusion, in order for the formation of a legally binding contract to occur there must be an offer from a party which is followed by acceptance from another party. Certainty must exist within the terms of the agreement, and due consideration must be given by both parties for the price of the promises received.The intentions of all parties to enter into legal relations must be present, as well as the capacity to qualify as valid party to the agreement. Part B a. ) When determining if there is a legal contract agreed between two parties there needs to be examination of whether the key elements of contract formation have been satisfied. In the case of Caroline v. A. W Electrical, the question is if at any point an offer was accepted and therefore a contract agreed between the two parties on the terms given. Wh en A. W Electrical placed the advertisement in the newspaper for the ZR250 Smart Television at ? 80 via mail order, this is a clear invitation to treat and should not be classed as an offer. As discussed in part A, an invitation to treat is where a party will indicate they wish to enter into negotiations which may lead to receiving an offer and an agreement if they choose to accept. Advertisements are a prime example of an invitation to treat as they are an indication of what goods or services that party may be willing to negotiate over, with the price of ? 480 an estimate to invite offers. Subsequently when Caroline saw the advertisement and sent in a cheque for the ? 80, this equates to an offer being made to A. W Electrical. As Galbraith (1998, pg79) states â€Å"an offer exists when one party effectively declares his/(her) readiness to be bound by a set of terms without any further negotiation†. Caroline has effectively done this by sending the cheque for the amount on th e advertisement, the terms being if she gives ? 480, A. W Electrical will send the item without any further negotiation if they accept Caroline's offer. Due to the nature of the terms, A. W Electrical will be judged to have accepted if they go ahead and send Caroline the ZR250 Smart Television.As explained in part A above, there needs to be communication of a clear and firm acceptance to be bound by these terms given back to the offeror. This will be deemed to be communicating via accepting by conduct, in which their actions equates to acceptance of the terms. However instead of sending Caroline the ZR250 model, A. W Electrical sent a ZR200 and a letter the following day with a cheque for ? 80 explaining the ZR250 was not available and unless Caroline returned the item within two weeks they would assume she was satisfied with the deal. A.W Electrical have not accepted Caroline's offer, but introduced a counter offer which is binding to their terms and not Caroline's. As explained by McKendrick (2007, pg43) â€Å"a purported acceptance which does not accept all the terms and conditions proposed by the offeror but which in fact introduces new terms is not acceptance but a counter-offer, which is then treated as a new offer which is capable of acceptance or rejection†. Due to not being able to reply as she was departing on a two week holiday, upon her return Caroline returned the item with a note explaining it was not what she ordered, however A.W Electrical refused to accept the item or provide any further refund as she had not returned the item within two weeks. This raises the question whether Caroline did actually accept the offer by not returning the item within two weeks. For this to be enforceable, the law of contract needs to govern that acceptance by silence is a valid form of coming to agreement. Galbraith states (1998, pg82) â€Å"the rule that acceptance must be communicated means that silence cannot usually amount to acceptance† This ma y mean that in the context of this case, Caroline did not accept the offer made by A. W Electrical and therefore is not bound by the terms.However, full clarity on the matter can be taken from a case law example of Felthouse v. Bindley [1862], where it was judged accepting by silence cannot equal a clear communication of acceptance, unless it is totally clear the offeree intended to do so. In Caroline's case, it is most definitely not clear she wished to accept, due to A. W Electrical not providing the item she requested on the terms given in her original offer. Therefore, there was no contract formed between the two parties as at no point an offer was accepted, rendering the contract void and no terms binding on either party. . ) If however we were to assume a contract was formed between Caroline and A. W Electrical at the point the two week period elapsed, there would be terms binding and these can be separated into two types, express terms and implied terms. McKendrick (2007, pg1 84) explains that â€Å"express terms are the terms agreed specifically by the contracting parties and implied terms are those not specifically agreed but which are implied into the contract by the courts or by Parliament†. The express terms of Caroline’s contract included the price being ? 00 for a ZR200 television given that she sent a cheque initially for ? 480 with an ? 80 cheque sent to Caroline with the item, and that A. W Electrical reserve the right to repair or replace the goods at its discretion if any dispute over the quality of goods were to arise. The implied terms of the contract will include elements of the Sale of Goods Act 1979, which will enforce A. W Electrical to adhere to certain conditions relating to the quality of goods and defects, and the description of the goods sold. S. 4(2) of the Act states there is an implied condition that goods supplied under the contract are of satisfactory quality. This is clearly contradicting the express term made b y A. W Electrical regarding the right to repair or replace the goods, however in order to protect consumers rights the Unfair Contract Terms Act 1977 means that implied terms cannot be excluded in contracts with consumers (McKendrick, 2007, pg205). Therefore the express term is not valid in the contract, and A. W Electrical have broken this implied term by stating this.Furthermore the Sale of Goods Act 1979 s. 13(1) states an implied condition that goods sold by description shall correspond with the description. The advertisement was for a ‘smart’ television however the item provided to Caroline did not possess any ‘smart’ features, therefore this term has been broken due to the item not matching the description advertised. In relation to the right to return the item, when Caroline sent this back to A. W Electrical they refused to accept stating the two week period has passed.We are assuming the contract came in effect and was accepted by Caroline’s silence at the end of this period however the Consumer Protection (Distance Selling) Regulations 2000 s. 10 and s. 11(1-2) explains she has the right to a seven day cancellation period starting from the date the contract was concluded, expiring seven days later. This is another implied term of the contract A. W Electrical have broken in refusing to accept the returned goods. c. ) There are remedies available to Caroline in order to resolve the fact A. W Electrical have broken the terms of the contract.The main issue to her is she is not able to return the television either in exchange for the model she asked for, or for a full refund. This breach of contract is likely to be classed as a breach of warranty, where a warranty is a term in the agreement not fundamental to its existence and therefore the contract cannot simply be terminated due to the breach. However Caroline could recruit the services of a lawyer or solicitor to take legal action against A. W Electrical in the form of a specific performance order, which will require A.W Electrical to perform their primary obligations under the contract (McKendrick, 2007, pg451). This would enforce the implied term from the Consumer Protection (Distance Selling) Regulations 2000. Caroline could also contact the Office of Fair Trading to make a complaint, which could lead to an application to the courts for an injunction against A. W Electrical, ultimately resulting in the same effect of enforcing the contract (Office of Fair Trading, 2012). Bibliography Reference list Adriaanse, J. (2010). Construction Contract Law (3rd ed. Basingstoke: Palgrave Macmillan. Davenport, A. , Galbraith, A,. Stockdale, M. , Wilson, S. (1998). Galbraith’s Building & Land Management Law For Students (4th ed. ) Oxford : Butterworth-Heinemann 1998. McKendrick, E. (2007). Contract Law (7th ed. ) Basingstoke : Palgrave Macmillan 2007. Office of Fair Trading. (2012). Relevant Legislation – The Office of Fair Trading. Retrieved 28 November 2012, from http://www. oft. gov. uk/about-the-oft/legal-powers/legal/#. ULY4v8UTDwM. Owen, S. (1998). Law For The Construction Industry (2nd ed. ) Harlow : Longman 1998. Cases Gibson v.Manchester City Council [1978]. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953]. Butler Machine Tool Ltd v Ex-Cell-O Corp [1979]. Scammell v Ousten [1941]. British Steel Corporation v. Cleveland Bridge & Engineering Co. Ltd (1981). Chappell & Co Ltd v Nestle Co Ltd [1960]. Thomas v Thomas [1842]. Lampleigh v Brathwait [1615]. Roscorla v Thomas [1842]. Rose and Frank Co. v. Compton Bros [1925]. Felthouse v. Bindley [1862]. Statutes Sale of Goods Act 1979 Unfair Contract Terms Act 1977 Consumer Protection (Distance Selling) Regulations 2000

The Substance of Justice Assignment - Sex Offender Records

The Substance of Justice - Sex Offender Records - Assignment Example The sentence for this offence is highest among the penalties subjected to sex offenders. Indecency with a minor is another offence. It involves exposing an adult’s private parts in front of children. In addition, touching the genital of a person of the opposite sex without consent is a sex offence documented in the State department for public safety. Unfortunately, sex offences are mostly targeted at children. In the registry, most of the victims are under the age of 16. It is disturbing to note that male adults sexually harass children aged as low as 7 years. However, there are cases of male adults harassing elderly women with a sample case of an assault on a woman aged 71. The assaults on middle aged women are minimal. Sex offenders are deemed to be dangerous to the community. Actually, I wouldn’t feel safe living among sex offenders. However, taking into consideration the rights of each individual to live in a free country without discrimination lures me to rebel against the stigma that sex offenders are subjected to. Human being are prone to change if given a chance. The community should thus integrate them into the society and engage them if they desire to live normally (King 61). Sex offender records are damaging to the self-esteem and also the future of the convicts after parole. When records remain in the public domain, the offenders are prone to prejudice, and stigma from the public. Integration into the society seems hard to them due to the records. In this regard, the department of public safety should have the records of paroled individual erased if they pose no threat. The cause of the offence each individual committed should be the starting point in gauging the validity of the information in the database. Despite the proposition to erase the criminal records of individuals, there are records that are necessary for public safety. Paroled criminals who have a high chance of repeating the crime

International Developments That Have Critical Implication for Essay

International Developments That Have Critical Implication for International HRM - Essay Example A number of important international developments are presently taking place that has critical implication for international HRM. They include; (a) the growth of multinationals in the emerging markets, (b) constant increment levels of foreign direct investments, (c) the growing power of cross-border alliances (M&As) that involve companies from the emerging markets, (d) a growing trend in business process outsourcing, and (e) the challenges posed by the current financial crisis and the way to manage effectively in difficult times. The emerging international economic scenario characterized by the rise of economically stronger emerging markets is creating serious challenges for the IHRM policymakers; however, the same scenario lays immense opportunities for the IHRM researchers. The model of strategic international HRM (SIHRM) is based on the earliest and most famous article by Schuler, Dowling and De Cieri. The model describes endogenous and exogenous factors and strategic components th at have an effect on SIHRM policies, issues, functions, and practices. They, in turn, affect the MNC goals such as efficiency, learning, flexibility, effectiveness, responsiveness, and transfer. According to the model, the external factors (industry characteristics, country-regional characteristics and inter-organizational networks) have an effect on the internal organizational factors, strategic HRM and MNE (multinational enterprise) concerns and goals. The internal organizational factors, strategic HRM and MNE concerns and goals affect each other. The internal organizational factors include; (a) MNE structure – structure of the international operations, intra-organizational networks, mechanisms of coordination, and modes of operations, (b) MNE strategy – corporative level strategy and business level strategy, (c) experience in the management of international operations, and (d) headquarters international orientation. Strategic HRM entails HR function strategy and HR practices. MNE concerns and goals entail competitiveness, efficiency, the balance of local responsiveness and international integration, and flexibility.

Anycity Ambulance Patient Transfer Service Essay

Anycity Ambulance Patient Transfer Service - Essay Example Basically I have tried to incorporate the different interaction styles, so that the user would have a better way of system manipulation. I have emphasized on the Visible Navigation style in the system. For this task I have used the Standardize Task Sequences to ensure that embedded links are descriptive. Here also a use of the unique and descriptive headings and checkboxes for binary choices, I have also tried to use thumbnails to preview larger images. This also facilitate in the visible navigation. To incorporate the feedback feature I have designed the system in such a way that it offers informative feedback. This feature is implemented through designing and incorporating a dialogues feature to yield closure for the system users. This can be done by permitting easy reversal of actions and by offering the support internal focus of control. I have kept one point in mind during incorporating the feature of the error prevention that I have to reduce short-term memory load from the system user. This point is really supportive to the error prevention. The system help at any point during the use is very essential. For this purpose I have designed the tool tips and a help menu that is useful in case of any ambiguity during the system working. I suggest for the embedding of the information on the system interface. When curser goes to any point on the screen the system has to tell about that particular menu or function. System manual or documentation is really essential for the trouble shooting and error handling. So we have to provide this feature

Leadership themes in World and American Hist Essay

Leadership themes in World and American Hist - Essay Example Subsequently, Deng implemented a development plan for the foundation of the Chinese economy known as the ‘Four Modernization policy’ (Benson, 2013). The approach focused on key development sectors such as agriculture, defense, industrialization, science, and technology. According to Benson (2013), Deng paid more attention to agriculture since it was the main economic and social activity in China (80%). Investing in agriculture would reduce poverty and hunger levels; hence, increasing the national economic growth. The modernization of the industry had more setbacks compared to other policies leading to a slow growth (Benson, 2013). However, agriculture provided a foundation for science and technology that would be used in mechanization of agriculture and production of ammunition for the military. Additionally, it also attracted urban and rural workers due to the high pays leading to higher rates of economic development. In the long-run, the economic growth under Deng’s reign attracted foreign investors that also contributed positively to the development. China also signed international treaties that linked its market to the global markets. The foundation of the CPP was a major political revolution in China under Deng (Benson, 2013). However, he had to change the political ideologies of most of the leaders. Consequently, he initiated a plan to eliminate some of the higher-ranking leaders in the party to ensure that the new members would follow his rule. He slowly dismantled China’s socialist ideas by adopting the Marxist-Leninist thought. The proposal had both political and economic benefits since his network of leaders made sure that it infiltrated the Chinese villages (Benson, 2013). China was under an imperial leadership structure that did not allow for any uprising from the public. Deng presented a political ideology that was recognized internationally mostly due to the previous notion of the enemy and

Martin Luther King Jr.,Malcolm X, and the Civil Rights Movement of the Essay

Martin Luther King Jr.,Malcolm X, and the Civil Rights Movement of the 1950s and 1960s - Essay Example and Malcolm X. Although, both King and Malcolm X are historically known to be advocates for the rights of African Americans their approaches and perception were shaped from different perspectives. The ideologies of King and Malcolm X though similar in fighting for the right of African Americans, were different in a number of ways both socially and culturally as a result of different avenues of development they experienced King and Malcolm X came from families that had significant differences socially, culturally, economically and ideologically. King was brought up in a rather financially stable family where his father was able to provide for them for a comfortable life. According to Darby, King was brought up in a middle-class family where they lived in a good house and never lacked in food and clothing (8). Martin’s parents had completely black heritages and Martin’s father was a Minister of the Baptist Church. King also enjoyed formal education and later became a respectable member in his community. Malcolm X on the other hand did not enjoy the kind of stability King had. Although Malcolm X’s father had a complete black heritage and is actually described as being proud of his heritage, Malcolm’s mother had a white father, was a bit light skinned and was ashamed of her mixed heritage. According to Wainstock, Malcolm’s mother would instill in her children the import ance of being black and actually favored her black children â€Å"over the light skinned Malcolm (5). Malcolm’s encounters with racism were charcterized by violence and outright hatred. In his early years their house was burnt by the racist group called the Black Legion (Wainstock 6). Malcolm also felt that his imprisonment was not primarily due to burglary but because of his involvement with white women from the upper class (Wainstock 19). After the death of his father and the