Law Essay Example | Topics and Well Written Essays - 750 words - 3

Law - Essay Example Similarly, in CTN Cash and Carry Ltd v. Gallaher Ltd, the court ruled that the practical benefit accruing to the promisor constituted consideration for the additional payment.2 Moreover, in the Central London Property Trust Ltd V. High Trees House Ltd, The tenants relied upon the principle of estoppel against the landlord and prevented him from enhancing the rent.3 Furthermore, in Tool Metal Manufacturing Co Ltd v. Tungsten Electric Co Ltd, the Law Lords ruled that the promise was binding during the period of suspension, and that after furnishing reasonable notice, the owners could receive the compensation payments.4 In our case, the Idyllic Hotels Limited stood to realise a considerable profit, if the work were to be completed in time. At the same time, if there was any delay in the construction, the room bookings would have been cancelled, leading to considerable loss to Idyllic Hotels Limited. This practical benefit constitutes the consideration for extra payment. Exclusion clauses fall under the purview of the Unfair Contract Terms Act 1977 and the Unfair Terms of the Consumer Contract Regulations 1999. The Unfair Contract Terms Act 1977 renders businesses liable for violation or circumvention of statutory obligations, in the normal course of business. In Thornton v. Shoe Lane Parking the court held that the exclusion clause was not applicable, since the exemption clause had not been included in the contract. Hence, the company was held liable for the personal injury caused due to its negligence.5 In Hollier v Rambler Motors (AMC) Ltd, the latter’s attempt to evade liability by resorting to an exclusion clause was disallowed by the Court of Appeal, which held that the defendants were liable for any damage caused by fire, due to their negligence.6 The Vitus Equipment Hire Ltd had provided a defective ladder to Urban. The outcome

Examining Ethnic Differences in Achievemen Essay Example for Free

Examining Ethnic Differences in Achievemen Essay 1. The definition of an ethnic group is a group of people of the same race or nationality that share the same cultural norms and values. 2. Three ways in which the education system may encourage separation between children of different ethnic backgrounds are: Labelling and teacher racism, many teachers label their students and studies by interactionist sociologists found out that many teachers labelled black children as disruptive and they didn’t want them in their class. Another reason is the ethnocentric curriculum. Troyna and Williams describe the curriculum in British schools as ethnocentric because it gives priority to white culture and the English language; this causes separation between white pupils and other ethnic pupils. A final reason is the selection and segregation available to schools. David Gillborn argues that marketization has given schools greater scope to select pupils. This puts some ethnic minority pupils at a disadvantage because selection gives more scope for negative stereotypes to influence decisions about school admissions. 3. There are many ways in which factors in children’s home background may lead to differences in achievement levels between ethnic groups. The first way is cultural deprivation; this is split into 3 aspects. The first is intellectual and linguistic skills. Cultural deprivation theorists argue that many children from low-income black families lack intellectual stimulation and enriching experiences. Bereiter and Engelmann consider the language spoken by low-income black American families as inadequate for educational success. The next aspect is attitudes and values. Cultural deprivation theorists say that some black children are socialised into a subculture that instils a fatalistic ‘live for toady’ attitude that does not value education and leaves them unequipped for success. The final aspect of cultural deprivation is family structure and parental support. Daniel Moynihan argues that because many black families are headed by a lone mother, their children are deprived of adequate care because she has to struggle financially in the absence of a male breadwinner. Also Ken Pryce claims that Asians are higher achievers because their cukture is more resistant to racism and gives them a greater sense of self-worth. However, he argues, black Caribbean culture is less cohesive and less resistant to racism. As a result, many balck pupils have low self-esteem and under-achieve. Another reason is Material deprivation and class. According to Flaherty; Pakistani’s and Bangladeshis are over three times more likely than whites to be in the poorest fifth of the population, as a result statistics show that Pakistani and Bangladeshi boys are among the lowest ethnic groups in the country to obtain 5 A-C GCSE’s. A final reason is racism in wider society. David Mason says â€Å" discrimination is a continuing and persistent feature of the experience of Britain’s citizens of minority ethnic origin. † 4. The differences in educational attainment between different groups of pupils have been a major focus of much sociological research. These differences can often be seen to be largely due to different social class, but also gender or ethnicity. Social class is the most significant and dominant factor when looking at these differences, but ethnicity also has a relative impact on educational achievement. Education has a key role to play in eradicating racism and valuing diversity and it a responsibility for all educational establishments, including those with few or no ethnic minority pupils. Promoting racial equality demands a whole school approach and commitment from all those who are involved in the life and work of their school. Racism is linked to the educational achievement of minority ethnic groups, however the connections are complex. Gilborn and Mirza conclude that ‘social class and gender differences are also associated with differences in attainment but neither can account for persistent underlying ethnic inequalities: comparing like with like, African Caribbean, Pakistani and Bangladeshi pupils do not enjoy equal opportunities. ’ They also argue that in promoting educational inclusion as a means of raising standards, there is a need ‘for clarity and guidance in translating the commitment to equality and inclusion into policy proposals and practice at the local and school level. Many cultural deprivation theorists see the lack of intellectual and linguistic skills as a major cause of under-achievement. Gordon Bowker identifies their lack of standard English as a major barrier to progress in education and integration into wider society. However the Swann Report found that language was not a major factor in under-achievement. Other cultural deprivation theorists suc as Charles Murray argue that a high rate of lone parenthood and a lack of positive male role models lead to the under-achievement of some minorities. Also Anthony Flew believes that ethnic differences in achievement stem from cultural differences outside the education system, not discrimination within it. However Geoffrey Driver criticises the cultural deprivation theory for ignoring the positive effects of ethnicity on achievement. He shows that the black Caribbean family, far from being dysfunctional, provides girls with positive role models of strong independent wome Driver argues this is why black girls tend to be more successful in education than black boys. Some socilogists that the ethnic differences in education are cause by racism. John Rex shows how racial discrimination leads to social exclusion and how this worsens the poverty faced by ethnic minorities. In housing, for instance, discrimination means that minorities are more likely to be forced into substandard acoomodation than white people of the same class. This creates separation due to the ethnic children not being able to study at home and therefore getting lower grades than the white children who are able to study at home.

History of Contract Law

History of Contract Law Contract Law In Brief – History of Contract Law The development of contract law into its modern conception is fundamentally based on the Latin principle of ‘pacta sunt servanda’ (‘all pacts must be kept’) dating back to when trade first began in earnest. Therefore, with this in mind, as the law has developed, breach of contract has come to be recognised by the common law legal system. As a result, it is to be appreciated that remedies can then be effectively provided as a consequence for all manner of agreements that are reached by parties at various levels from individuals to corporations to countries themselves leading to the establishment of obligations between the said parties entered into freely with the aim to create legal relations. This is because of the fact that clearly, in view of the nature of the relationships that are formed, it is important to look to take steps to effectively guarantee equality in these relationships so that the party that is seen to be in the most superior position cannot simply ride ‘roughshod’ over the consumer simply because it suits them. As a consequence, the common law and the legislation that has since been developed through the years in this area has served to establish where a contract has been effectively and legally formed and as to how and when it can be reached and the remedies that are said to be available in such circumstances for the party that is injured by the breakdown in the relationship. Therefore, with this in mind, it is generally believed that the system is effective but, with ongoing technological advancements, only will tell how long it will take before the law is changed in recognition of this. In the development of the concept and principles of the law of contract in this country the courts, in relation to various aspects of the topic, have reached many significant decisions. By way of illustration, one of the most famous cases in the whole of the law of contract must be the seminal decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, in relation to the distinction between an offer and an invitation to treat, that must be closely followed by the decision in Adams v. Lindsell (1818) 1 B Ald. 681, that served to establish the ‘postal rule’ that has since been somewhat adapted, through technological advancements, so as to also be read in accordance with Entores v. Miles Far East Corporation [1955] 2 QB 327. Moreover, the issue of mistake, as a reason for considering a contract to be void, was effectively illustrated by Bell v. Lever Bros Ltd [1932] AC 161, HL, that was also supported by the decision in Derry v. Peek (1889) 14 App Cas 337, HL, in r elation to the concept of misrepresentation. Finally, in relation to consumer protection, the decision in Saphena Computing v. Allied Collection Agencies [1995] FSR 616 is reflective of the need for quality in the goods that are offered by way of contract so that there are standards to be adhered to that can be redressed. In looking to consider whether a valid contract has been formed it is generally considered to be a good idea to look at the negotiations that have taken place between the parties. But this can be quite problematic where there there is a lengthy course of negotiations between the parties because it may be difficult to effectively determine when they have actually reached an agreement, supported by Kennedy v. Lee (1817) 3 Mer 441. Nevertheless, inspite of a prolonged period of continuing negotiations, the courts may be willing to find a concluded bargain; and, if so, a continuance of the negotiations thereafter will not necessarily terminate that agreement, illustrated by Davies v. Sweet [1962] 2 QB 300. However, in making their decision in relation to any series of negotiations put before them, the courts will also look to consider the three fundamental aspects that are recognised as part of any contract – (a) offer; (b) consideration; and (c) acceptance – in order to make their decision about whether an agreement has been fromed leading to a binding contract. (a) Offer The offer is considered to be concerned with the making of a written or oral proposal to give or do something as part of an agreement that may be deemed to be a legally binding contract in certain circumstances that may be express or implied from the conduct of the parties in any given case. As a consequence, it is important to understand that the person making the offer is the offeror, whilst the person to whom the offer is made is the offeree and any given offer must adhere to the following rules – (i) it must be made to a definite person, class or person, or even the world at large; (ii) it must be effectively communicated to the offeree before acceptance; but (iii) the offer is only considered to have been made when it actually reaches the offeree – see, by way of illustration, the decision in Adams v. Lindsell (1818) 1 B Ald. 681. (b) Consideration The element of consideration within a contract refers to that which is actually given or accepted in return for a promise as part of an agreement in the form of a â€Å"right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other†, in keeping with the decision in Currie v. Misa (1875) LR 10 Ex 153. Consideration is executed when the act that is considered to constitute the consideration in a given case is performed and is deemed to be ‘executory’ when it is yet to be performed in the future. But regardless of this, any element of consideration must be legal, not be past, and move from the promisee to the promisor, supported by Lipkin Gorman v. Karpnale [1991] 3 WLR 10. (c) Acceptance The idea of acceptance relates to the idea of where an offer is made by one party that is considered to be acceptable to another without qualification in words or through conduct to the offeror in conformation with the indicated or prescribe terms of the offer that has been made, in keeping with the decision in Hyde v. Wrench (1840) 3 Beav 334. But it also must be recognised that it is possible to have an acceptance ‘subject to contract’ where the parties will only be bound where a formal contract is prepared and then signed, according to Chillingworth v. Esche [1924] 1 Ch 97. Moreover, the acceptance of goods within the remit of section 2 of the Sale Supply of Goods Act 1994 takes place when the buyer indicates to the seller that they have accepted them or, when they have been delivered, acts in a way that is considered to be inconsistent with the sellers ownership or retains them for a substantial period without rejecting them. (a) Counter Offer A counter offer is usually taken to refer to the occasions where the offeree makes a response that serves to effectively suggest that there is only likely to be an agreement on terms that are considered to be substantially different from those that were originally put forward. Therefore, with this in mind, this idea is perhaps best illustrated by way of a practical example – i.e. where Party A says to Party B â€Å"You can have my horse for  £10,000† and Party B thinks about this and then says â€Å"I like this horse, but I am only willing to go to  £8,000† that is effectively a counter offer that is also supported by the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. (b) Invitation to Treat The idea of an invitation to treat is effectively based on the premise of an offer to receive an offer and whilst this principle of the law of contract was considered to have most famously been considered in the decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, it is important to appreciate that, in Fisher v. Bell [1961] 1 QB 394, Lord Parker most effectively served to summarise the concept. This is because of the fact that, in this case, he said that, by way of illustration, â€Å"the display of an article with a price on it in the shop window is merely an invitation to treat. It is in no sense an offer for sale, the acceptance of which constitutes a contract†. (c) The ‘Postal Rule’ As an important aspect of contractual theory, the ‘postal rule’ was an early nineteenth-century common law doctrinal development. Therefore, it served to hols an epistolary acceptance of a contractual offer will be said to become binding when it is put within the course of the postal service, according to Adams v. Lindsell (1818) 1 B Ald. 681, as the fairest method of allocating the risk, supported by Household Fire Insurance Co. v. Grant (1879) 4 Ex. D 216, and to avoid the revocation of the offer that was made leading to the acceptance until it was received, illustrated by the decision in Re Imperial Land Co of Marseilles (1872) LR 7 Ch App 587. Consequently, it is to be appreciated that a complete contractual agreement was said to exist when the properly stamped and addressed ‘letter’ is put in the course of postal transmission, supported by Henthorn v. Fraser [1892] 2 Ch 27, and beyond the power of the acceptor so it is immaterial whether it reaches the offeror or not, illustrated by Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666. Consequently, the ‘Postal Rule’ is usually considered to be somewhat advantageous for the offeree since they will not be responsible for delay because the burden of uncertainty of waiting is with the offeror. Whilst the Internet does not require a direct physical link between the users, it does allow the user to be notified if a message is successfully sent and/or received by another machine. But, whilst it is imperative for the user to re-send their message where it has not been successfully sent or received, in keeping with the decision in Entores v. Miles Far East Corporation [1955] 2 QB 327, intention to formulate e-contracts effectively is still open to debate, illustrated by Pretty Pictures Sarl v. Quixote Films Ltd (2003) All ER (D) 303. Such a view has arisen because the contract in such cases comes into existence where acceptance is received, supported by Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293. Therefore, generally, for revocation of acceptance of an offer to be effective in this area, revocation would take effect when it is communicated if they were considered to be revoking the ‘offer’ to take the goods, illustrated by Byrne v. Van Tienhoven (1880) 5 CPD 349. But this is not the case with ‘electronic contracts’ formed under the ‘postal rule’, so anyone contracting on this basis would need to be advised the acceptance of an offer is complete as soon as the acceptance is ‘posted’. However, there is some controversy in this area because such a revocation would usually in no way have prejudiced the offeror if they were to receive the revocation before the acceptance and the only direct authority is that of the troubling decision in Countess of Dunmore v. Alexander (1830) 9 S. 190 so the better view is that such acceptance is generally irrevocable, in keeping with Wenkheim v. Arndt (1873) 1 JR 73 (NZ). But statutory provisions have provided for a ‘cooling off’ period since the Consumer Credit Act 1974 with one of the most recent examples found in the Consumer Protection (Distance Selling) Regulations 2000. Therefore, on the basis of the Consumer Protection (Distance Selling) Regulations 2000, it is possible to cancel an order because the effective date of cancellation is when the cancellation is sent, but this is usually after acceptance has been received, making it difficult to resolve on the basis of how their contract was formed. The concept of ‘quasi-contracts’ generally arises in cases where the law imposes on someone an obligation, through the creation of another contractual arrangement, to make repayments on grounds of unjust benefit at the expense of someone else, in keeping with the decision in Shamia v. Joory [1958] 1 QB 448. Therefore, with this in mind, more specifically, in the case of building and construction contracts in particular, situations may arise where the party that is paying for the work may draft the contract to derive ‘money benefits’, illustrated by Twinsectra Ltd v. Yardley [2002] 2 WLR 802 and, on analogy, Westdeutche Landesbank v. Islington LBC [1996] 2 All ER 961, HL and may be considered voidable if they entered into it under duress or undue influence, supported by Barton v. Armstrong [1975] 2 All ER 465, PC. But if the contract is voluntarily acted upon, it must also be recognised that it will usually be considered to be binding, in keeping with the dec ision in Ormes v. Beadel (1860) 2 De GF J 333, unless it is voidable on grounds of restituion. Letter of Intent In the past, it has been argued a letter of intent could be considered to be akin to conditional contract, illustrated by British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504. But the success in this particular case can also be contrasted with the decision in Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 where there was an unsccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work in respect of a contract that also never materialised. Such a differing view is largely based on the fact that these cases are not analogous because, whilst one party, in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, requested the other to perform services and supply goods that would have been required under the expected contract, the costs that Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 sought reimbursements for arose in an effort to put itself in a position to obtain and then actually perform the contract itself A breach of contract generally arises where there is a recognised failure or refusal by one of the parties to a contractual agreement to fulfil one of the obligations that have been imposed on them under the remit of that contract. Therefore, with this in mind, in such circumstances the contract will be discharged where the breach of contract in question has been found to lead to the innocent party to the agreement treating it as having been rescinded and also, where it has been found to have the effect of depriving one of the parties of the whole benefit of the agreement with undertakings still to be performed, supported by the decisions in Hong Kong Fir Shipping v. Kawasaki Kisen Kaisha [1962] 2 QB 26 and Photo Productions Ltd v. Securicor Transport Ltd [1980] AC 827. The concept of mistake in the context of contract law serves to negative, or to nullify, consent by preventing the parties involved from reaching agreement and nullifying consent where the parties reach agreement, according to Bell v. Lever Bros Ltd [1932] AC 161, HL. But it is also important to appreciate equitable remedies do not serve to distinguish between mistakes negativing, and nullifying, consent, as well as where a party who paid money seeks to recover it in restitution, illustrated by Kelly v. Solari (1841) 9 M W 54. However, mistake will not negative consent unless it is material to the agreement’s formation, according to Dennant v. Skinner Collom [1948] 2 KB 164. This is because, without the assent of both parties, in most cases each party will look as though they are assenting to the proposed terms; so the objective test will preclude any party from denying an agreement, supported by OT Africa Line Ltd v. Vickers plc [1996] 1 Lloyd’s Rep 700. Nevertheless, if one party is, to the knowledge of the other in a given case, mistaken as to the terms, evidence of subjective intention is admitted, according to LCC v. Henry Boot Sons Ltd [1959] 3 All ER 636, HL, so there will be no agreement in the objective sense and may be even no agreement at all, illustrated by Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761. However, it is also to be appreciated that there seems to be no reason why there should not be a subjective agreement where the other party is estopped, according to Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA, and equitable remedies have been granted, supported by A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555. The concept of misrepresentation refers to the situation where a false statement of fact is made and is considered to be fraudulent if is is made either recklessly or with the intent to deceive, in keeping with the decision in Derry v. Peek (1889) 14 App Cas 337, HL, so anyone induced to enter a contract may then rescind the contract, claim damages or even both, according to S Pearson Son Ltd v. Dublin Corpn [1907] AC 351, HL. Moreover, it is also to be appreciated that a contractor induced to enter a contract by reason of an innocent misrepresentation may also rescind the contract or claim damages. Nevertheless, whilst the court has discretion to award damages in lieu of rescission, under section 2(2) of the Misrepresentation Act 1967, the measure of damages payable is generally the sum of money that placed the representee in the position they would have been in if the representation had not been made, supported by Gran Gelato Ltd v. Richcliff (Group) Ltd [1992] Ch 560. However, it must be recognised that a contractor who continues to act upon a contract after discovering a statement was false loses their right to rescind, accoridng to Long v. Lloyd [1958] 2 All ER 402, CA, so they will only be entitled to the price agreed under that contract, supported by Glasgow South Western Rly Co v. Boyd Forrest [1915] AC 526, HL. (c) Frustration It is also to be appreciated, however, that the doctrine of frustration has evolved so as to serve to mitigate the rigour of the common law’s insistence on literal performance of absolute promises, in keeping with the decision in J Lauritzen AS v. Wijsmuller BV, The Super Servant Two [1990] 1 Lloyd’s Rep 1, so as to be able to give effect to the demands of justice to escape from injustice where it would result from enforcement of a contract. Moreover, the concept of frustration also effectively ‘kills’ the contract and discharges the parties to any agreement from further liability under it, so the doctrine cannot be lightly invoked but must be kept within very narrow limits, since it brings the contract to an end forthwith, without more and automatically. Therefore, with this in mind, it must be recognised that the essence of frustration should not be the act or election of the party seeking to rely upon it, but due to some outside event or extraneous chang e of situation, without blame or fault on the side of the party seeking to rely upon it, supported by Kissavos Shipping Co SA v. Empressa Cubana de Fletes, The Agathon [1982] 2 Lloyd’s Rep 211. (d) Restitution It is also to be appreciated that, generally, where someone is found to have gained unjustly from another’s conduct, those gains should be returned as a result of, what may be considered apt in this context, for example, a breach of contract. Accordingly, by way of illustration, in the decision of Attorney-General v. Blake [2001] 1 AC 268, the defendant in this case had made a sizable profit from the act of breaching his contract with the claimant who was undoubtedly entitled to claim compensatory damages but had suffered little or no identifiable loss. Therefore, with this in mind, the claimant sought restitution for breach of contract and the defendant was ordered to pay over his profits although restitution is still only available in exceptional circumstances. Wrongful Termination Nevertheless, it is also to be appreciated that a wrongful termination does not ipso facto serve to amount to a repudiation of the contract, in keeping with the decision in ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23. But then it must also be recognised that if the employer ousts the contractor from the site or otherwise shows an intention not to be bound by the contract, the contractor may claim the value of the work done and damages. Such a view has arisen on the basis of any instalment payments, supported by Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL, together with payment at contractual rates or prices for work not already included, illustrated by the decision in Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA. Moreover, a reasonable sum will be assessed and payable as a contractual entitlement, with an abatement of the sum otherwise due if the work done is defective, according to Slater v. CA Duquemin Ltd (1992) 29 Con LR 24. Moreover, such an action may also lead to a claim for specific performance of the contract where it should not have been terminated, in keeping with the decision in Beswick v. Beswick [1968] AC 58, HL. As has already been alluded to, there are other kinds of contract outside of the business to consumer, or business to business, agreement that must be recognised. Therefore, with this in mind, it is to be appreciated that within these other concepts of contract, it must be recognised that construction contracts have certain principles that may be considered to very specific to this kind of contract aside from the general principles identifeid for all contracts. (a) Sub-contractors Quantum Meruit By sub-letting part of the work, it is important to appreciate that, within the context of a construction contract, the main contractor impliedly contracts with the sub-contractor that they will not prevent the sub-contractor from doing their work otherwise they will have a claim for damages against them, in keeping with the decision in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, under the principle of ‘Quantum Meruit’. However, it is also to be appreicated that the sub-contractor is also liable to the main contractor for defective work, as the relationship between them is similar to that of employer and contractor, supported by Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461. Therefore, this effectively means that where the sub-contractor is in breach and this has caused injury to a third party, they will be liable even if both have been held liable to the third party in tort, illustrated by Sims v. Foster-Wheeler Ltd [1966] 2 All ER 313, CA. On this basis, it must be recognised that the sub-contractor’s liability in contract may include damages and costs the contractor has had to pay to the third party, in keeping with the decision in Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809. (b) Sub-contractors liability A construction contract is also considered to be particularly useful in such cases where, in breach of a contract, the sub-contractor then proceeds to delay completion of the overall work, having known at the date of contracting that the main contractor is liable to liquidated damages or forfeiture for delay, the liability of the sub-contractor to the contractor is increased, in keeping with the decision in Hadley v. Baxendale (1854) 9 Exch 341. Therefore, with this in mind, the main contractor will then be able to recover the damages they have had to pay out to the client owing to the delay caused by the sub-contractor, or profit they would have made, together with the cost of work, supported by Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA. However, it is also to be appreciated that knowledge of the main contract is not sufficient to prove the sub-contractor agreed with the main contractor to be bound, so if the sub-contractor properly completes their work, their right to payment will not depend upon the certificate of the architect, notwithstanding it is a condition precedent to payment to the main contractor, in keeping with the decision in Southern Water Authority v. Carey [1985] 2 All ER 1077. But where the sub-contractor expressly contracts to be bound by the terms of the main contract, provisions as to retention money will be applied to them proportionally, supported by Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudson’s BC (4th Edn) 382, CA. Nevertheless, it must also be recognised that a sub-contractor who voluntarily undertakes extra work or uses better materials than those stipulated has no claim, according to Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudson’s BC (4th Edn) 462. (a) Sale of Goods Act 1979 The remit of the Sale of Goods Act (‘SGA’) 1979 effectively applies to sale of goods contracts with its implied terms in relation to quality and fitness for purpose with regards to both business-to-consumer and business-to-business sale of goods contracts. But whilst, in view of the changes made by the SGA 1995, the standard covering issues such as freedom from minor defects and durability seems to have become quite high, this may, in fact, be something of a misnomer, according to, for example, Saphena Computing v. Allied Collection Agencies [1995] FSR 616. Moreover, there is an old legal maxim, ‘nemo dat quod non habet’, which means ‘no one can give what he does not have’, that was enshrined in the SGA 1979 long ago in 1893 so that if someone sells goods that are not there’s, or which they do not have the authority to sell, the buyer cannot acquire ‘good title’, so that the ability to pass property and the time of its passin g are very important. In looking to appreciate the significance of the Unfair Contract Terms Act (‘UCTA’) 1977, it must be recognised that, whilst, generally, the law of contract has created a range of ways for the individual terms of a contract to be avoided or ‘blunted’, the remit of UCTA 1977 is actually almost entirely focussed upon contractual provisions and notices that look to effectively limit or exclude liability, or its equivalent. As a result, whilst some of UCTA 1977’s controls apply universally and strike down particular terms unconditionally, other controls actually allow a ‘term’ to be effectively justified as ‘reasonable’, so a large business can still impose onerous terms, because there is no statutory protection provided for. This is supported by the fact courts in this country have also looked to apply principles to make contracts work, according to the principle established in G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 at p.27 that â€Å"the transaction †¦ performed on both sides will also make it unrealistic to argue that there was no intention to enter into legal relations Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or alternatively, it may make it possible to treat a matter as not finalised in negotiations as inessential†. Therefore, with this in mind, each and every case that comes before the court in this country must be decided solely on the specifics of its facts and the construction of its agreement. As a result, some surprisingly draconian exclusion clauses have been upheld, supported by SAM Business Systems v. Hedley Co [2002] EWHC 2733, despite the fact English case law developed no general principle allowing terms apparently agreed by parties to a contract to be attacked solely on grounds of unfairness, illustrated by Mitsubishi Corp v. Eastwind Transport Ltd [2004] EWHC 2924. This is because, according to the Law Commission’s ‘Second Report on Exemption Clauses’ ((1975) (Law Com No. 69)), a contract term â€Å"bears its natural meaning of any term in any contract (and is not limited to terms in a contract between the instant parties)†. But it is also to be appreciated that a contract term or notice may amount to a contractual exclusion clause which is apt to exclude or restrict liability for breach of either a contractual or tortious duty of care, supported by Johnstone v. Bloomsbury Health Authority [1992] QB 333, or a disclaimer notice apt only to exclude or restrict tort liability, dependent on the nature of the contract (c) The Consumer Protection Act 1987 In keeping with this line of thought, it is also important to appreciate that the remit of the Consumer Protection Act (‘CPA’) 1987, between sections 10 and 19, supported by the decision in R v. Liverpool City Council, ex p Baby Products Association Ltd [2000] LGR 171, DC, has looked to effectively establish a system so as to be able to impose liability in relation to unsafe consumer goods and a standard of saftey that all maufacturers and retailers must look to comply with or risk committing an offence. Therefore, on this basis, the CPA 1987 has also served to establish that any breach of the safety regulations is an offence that not only provides a consumer with even greater scope to reject the goods, but also serves to give the Secretary of State the power to be able to serve prohibition notices. ‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007) Law Commission’s ‘Second Report on Exemption Clauses’ (1975) (Law Com No. 69) A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555 Adams v. Lindsell (1818) 1 B Ald. 681 Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudson’s BC (4th Edn) 462 Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461 Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL Barton v. Armstrong [1975] 2 All ER 465, PC Bell v. Lever Bros Ltd [1932] AC 161, HL Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761 Beswick v. Beswick [1968] AC 58, HL Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293 British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504 Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Byrne v. Van Tienhoven (1880) 5 CPD 349 Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Countess of Dunmore v. Alexander (1830) 9 S. 190 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Dennant v. Skinner Collom [1948] 2 KB 164 Derry v. Peek (1889) 14 App Cas 337, HL Entores v. Miles Far East Corporation [1955] 2 QB 327 ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23 Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA Fisher v. Bell [1961] 1 QB 394 G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudson’s BC (4th Edn) 382, CA Glasgow

The Louvre :: Essays Papers

The Louvre T h e A r t M u s e u m s of P a r i s Paris is renowned worldwide for its art museums. There are so many, each with its own unique pieces of art, this report will only cover two of Paris’ most famous museums. Which are of course The Louvre and Museum d’Orsay. The Louvre History The Louvre was originally built in 1190 AD as a fortress for protection to the city of Paris during the Crusades. It was a fortress for nearly 500 years until it became an elegant palace. By the 1400’s France’s Royalty gathered at The Louvre to enjoy banquets and tournaments. Elaborate gardens were added along with an aviary and many wild, exotic animals. In 1415 France was captured by the British and The Louvre was ravaged by vandals. It fell into disrepair and was left unoccupied for nearly 150 years. This is when Francis the first tore down the original structure and erected an exquisite and prosperous palace. Every king since then on added an addition to The Louvre. It also served as their home until the French Revolution of 1789. The Louvre officially became a museum in 1793. The government opened it to the public which no longer meant art was only available to the upper-class. All through the previous centuries the government had collected priceless pieces of art and now displayed them in The Louvre. The collection was growing so big that more buildings had to be built to display the great and precious collection that was accumulated over so many years. This period was known as â€Å"The Restoration† as Napoleon established remodeling of the interior and exterior of the Louvre and eliminated all the shops that filled the Louvre from the 18th century. The Louvre Today Today The Louvre is one the World’s most famous Art Museums. It houses many famous masterpieces such as: The Mona Lisa Winged Victory of Samothrace Venus De Milo The Seated Scribe

Kids vs Disabilities

Down syndrome affects many people in this world. Not only does it affect the person diagnosed as Downs, but it also affects their family and everyone around them. There are physical characteristics that help you identify somebody with Downs. There are also some health concerns that you need to worry about. In this essay I will give you a clearer understanding of what Downs syndrome is, and what it means to have Downs. Down syndrome can be caused for three different reasons. The most prevalent reason is called trisomy 21. This means that rather than having 46 chromosomes you have 47. This is the cause for approximately ninety- five percent of the people affected by Down syndrome. The extra chromosome is usually found on the twenty-first pair. The next cause only affects 1 percent of the Downs population. It is known as mosaicism. This is caused from an error during cell division right after conception has occurred. It has been seen that with mosaicism some of the cells have 47 chromosomes while other cells only have 46 chromosomes. The last reason can be traced back to the parent’s. It is known as translocation. The twenty-first chromosome is translocated on to another chromosome. The parents could be carrying the chromosome that translocates. This form of Down syndrome affects only 3-4 percent of the people living with Downs. There are some health concerns that you should also be aware of when dealing with someone with Downs syndrome. It has been found that between sixty and eighty percent of people with Down syndrome has a hearing deficit. If you were dealing with a young Downs syndrome child it would be a good idea to have their hearing checked. It is also common to have a congenital heart disease. Unfortunately many children need surgery and will be under a doctor’s care their whole life. Children with Down syndrome are more likely to have problems with their vision than other children. A lot of children with Down syndrome have cataracts at birth that need to be removed. Due to the fact that intestinal abnormalities is also more common in children with Downs, one of two things occur. Either they do not eat and fail to get the nutrition they need as infants, or they tend to focus on food and have a problem with obesity. Another contributing factor to this could be the fact that Down children are also more prone to thyroid dysfunctions. This could also affect their central nervous system so it needs to be monitored closely. Some other problems that may occur but are not as likely are: leukemia, seizure disorders, skin disorders, sleep apnea, and early onset of Alzheimer disease. I work very closely with an adult with Down syndrome. I personally see many of these things affect her everyday. Medication can help most of the disorders, but even so, it seems like your life is then controlled by the times that you have to take medication. On the other end of the spectrum, I have found people with Down syndrome to be very loving, and ask nothing more of you than your friendship. To me, this quality makes them very special people. There are some physical characteristics that would help a doctor to identify a child affected by Down syndrome. I think the most prevalent is that of a â€Å"flat† face. It appears that they do not have the same curvature on their face as we do. It seems to be flattened. Next, would be that the back of their head is also flattened. It goes straight down rather than having a curve to it. They also have smaller ears, decreased muscle tone, smaller mouth, a gap between their first two toes, and skin folds in the corner of their eyes. None of these physical features causes any disability or decreases their function. In personal experience I have found that people with Down syndrome also have an enlarged tongue. Because of this they let their tongue hang out of their mouth a lot. Like most things if you start early it can be corrected. In one instance that I have seen, as soon as the child started sticking out her tongue the mother would gently put it back in her mouth. She continued to do this until the child no longer let her tongue hang out of her mouth. If you start to work with Down syndrome children when they are young they seem to go further in life. Children with Down syndrome need just as much attention as other children, and enjoy the same things as other children. Children with Down syndrome must be taught individually though according to what their strengths and weaknesses are. They use certain meetings in order to set their new goals and to see what the child has achieved. The first one is known as the Individual Education Plan (IEP). This will decide what type of education the child will get and how it will be taught. Next is the Individual Family Service Plan (IFSP). The family plays a large role in the child’s development and these meetings show the parents how they can be more involved and help in the child’s learning. This will continue through their whole life. When they become adults they will have what is known as an Individual Service Plan (ISP). This occurs once a month. The adult with Down syndrome sets their own goals, sees what goals they have met, and decides where they want to go from there. As you can see a person with Down syndrome may entail more of your time and energy, but in my experiences I have found it to be worth the time and energy. They are very loving people that deserve a chance in life just like everyone else. Just remember they have to work twice as hard to get half as far in life as you do. So maybe there is something we can learn from them like how to appreciate the little things, while still doing our best in life.

Bank Failures over Last 25 Years Essay

The banks began to fail because of misappropriation of funds and loose lending practices to the majority of the US citizens living above their means. The government estimated 2,657 closures from bank failures from 1987 to 2012 (http://bankvibe. com). Currently, there is a total 7,074 FDIC insured banks (http://www. mybankertracker. com/banks). This caused was from credit stipulations were lowered to allow the subpar credit working Americans to obtain personal loans, car, homes or other amenities. Most banks were very stable but were not prepared for the financial bubble to burst in the distance near future. Moreover, in my experience with working for a few financial institutions, I observed the credit parameters amended to fit a customer’s financial state. These loans stipulations were as follows: no documentation, no income, no assets, or no verification job; underwriting went only off credit score in some cases. The small, mid-size, and corporate banks are all competing for the public’s business which caused disarray of bad banking decisions. Hence, the banks that failed from 1987 until present time in researching last 25 years; we don’t read much about these failures in our daily newspapers, simply just; there is an over abundant of banks failures every day and this has become very common (www. davemanuel. com/history-of-bank-failures-in-the-united-states. php) Nevertheless, these banking behaviors caused a massive failure of mortgage banks and commercial banks. This caused the government to become very involved when Freddie Mac and Fannie Mae were affected by these lending behaviors (Johnson, 2010, p. 4-28). My research will display the trend of failing banks over the last 25 years and data will give insight on the numbers of banks. The Federal Reserve had centralized banking responsibility to save the banks, they deemed too big to fail. The depositors decide to simultaneously withdraw their funds from banks, which resulted in a bank panic. If several banks experience these actions at same time, this throws the banks into a bank panic. The Feds loan the banks money at a discounted rate to sustain these indiscretions (Hubbard & O’brien, 2010, p. 37). Consequently, the US Congress started holding hearings, and questioning these huge corporate banks whose bonuses, incentives, and other loose business practices. These banks closed, sold, or merged with other banks to survive inevitable reality of failing (NAOAKI, 2011, p29). The investment banks were also involved in the buying and selling of bundled mortgages, investments, or other banking products to raise their capital. Lehman Brothers, Bear Stearns, and Countrywide were guilty of such practices as seen all over the TV national news. These companies have been either sold or closed down after the hearings on Capitol Hill. Currently, In order to resolve this crisis, banks have drastically changed their lending practice and the closure of failing banks has slowed down. Corporate banks were also beginning to receive stimulus funds to save them from failing. The government found themselves in a position of using the Feds to prevent catastrophic melt down of financial industry. The 12 districts are replenished to keep the general public getting loans; thus, keeping money in circulation (Hubbard & O’brien, 2010, p. 438). All banks did not take the stimulus funds, but devised a plan to prevent failure. Therefore, banks had to pay back the loans in the billions, but were not charged interest if they paid the funds back early. The small to mid-size banks were left to fail, because they were not too big to fail. A double standard was shown to small businesses the backbone of America (http://economics. bout. com/). A bank of ineffective practices has shown small mom and pop banks they should not try to compete with Corporate Banking in America. They are not going to be bailed out, and allowed to fail. These small or mid-size banks are microeconomics not in macroeconomics equation of America big businesses. In conclusion, the bank failures are significant to our economy tremendously regardless the size, from the housing market, investments, or checking/savings accounts. The Feds saved the banks worth saving to boost the economy and slow down inflation. Perhaps, further research conducted to answer the following questions, and ask the questions: Do you think if people were given the stimulus funds instead of the banking institutions? What kind of economic boost would banks have, if the citizens were given stimulus funds? How does the government determine who receives funds to survive a financial set back? Why are parts of corporate America deemed too big to fail?

Five Pillars of Islam Essays

Five Pillars of Islam Essays Five Pillars of Islam Essay Five Pillars of Islam Essay Checkpoint: The Five Pillars of Islam What are the central beliefs of Islam, and how are they reflected in the Five Pillars† (McInerney, 2003)? Which of the Five Pillars do you feel would be easiest to fulfill, and which would be the most challenging (McInerney, 2003)? A central belief of Islam is monotheism. This is a belief of only one God, Allah. The believer’s purpose is to serve Allah and live a moral life by following the Five Pillars. Muslims are obligated to follow these Five Pillars in the Qur’an, the holy book to all Muslims. The Five Pillars are faith, prayer, Zakat, the fast, and hajj. All of these Pillars show devotion to Allah. The first of the pillar of Islam is faith or Shahadah. The believer must profess God is the only god and Muhammad is His messenger. Muhammad is not a god but a messenger of God for guidance. The Qur’an requires believers tell others of Islam in order for them to make an intelligent choice. The second pillar is prayer. The believer recites a series of prayers and passages from the Qur’an while kneeling and bowing five times a day while facing Mecca. : When the prayers are recited by a congregation, all stands and bow shoulder to shoulder, without any class distinction. During the prayer, the kneeling and bowing shows submission to Allah. Repeating the prayers is believed to strengthen one’s belief in God’s existence and carry this belief deep into one’s heart and all aspect of external life. Prayer is also used to purify ones heart, develop the mind and conscience, stop evil in a person, and awakening higher aspiration and morality (Fisher, 2005). Zakat, spiritual tithing is the third pillar. At the end of the year the believer donates two and half percent of all their income to the less fortunate. This is done for purification and growth. The belief is to help decrease the inequalities in wealth and prevention of personal greed. Charity is a necessity for Muslims. The fourth pillar is fasting. Although frequent fast are recommended the only fast required is during Ramadan. This is to honor the first revelation of the Qur’an to Muhammad. The believer must abstain from sexual relations, drink, food, and smoking from dusk to dawn during the entire month of Ramadan. Muslim’s lunar calendar is 354 days so Ramadan moves through all seasons. Muslims believe fasting purges the body of impurities and provides clarity and a light body to move and act. It teaches one not to allow anything to enter the mind and heart to distract one away from God. Fasting help controls one body’s desire while mastering the lower emotions of jealousy and anger. The pilgrimage to Mecca, hajj, is the fifth pillar. All Muslims who can financially afford this trip is expected make the trip at least once in their lifetime. The series of symbolic rituals are designed for the believer to experiences a closeness with God like never before. The males dress in special garments not sewn, all looking alike. No distinction is detected. Circling of Ka’ba seven times symbolizes the continual rotation around the One by the angels of all of creation, to the seventh heaven. The pilgrim’s heart should be filled with the remembrance of Allah. The pilgrim visits the sacred field of Arafat. This site is believed to be where Adam and Eve were taught that humans were created exclusively for worshipping God (Fisher, 2005. ) Here prayer is from noon to sunset for the forgiveness of anything that has separated them from God. The central belief of Islam is, monotheism, prayer, tithing, charity, fasting, and visiting Mecca, echoed in the Five Pillars of Islam. Although I am not of the Islam faith, the easiest pillar to follow is Zakat. Charity and tithing is a part of my life. I believe in it with all of my heart. It helps me to stay grounded, not put a high level of importance on materialistic objects, and level headed. I also believe God would approve. God does not want His children to be greedy. God want us to help others. I do believe in one God. However, I don’t believe Muhammad should have all the emphasis shown, a self proclaim messenger. I believe in only one God. Therefore I believe the first pillar would be the hardest. Fisher, M. P. (2005). Living Religions (6th ed. ). Pearson Education: Prentice Hall

The Roman Social War 91-88 B.C.

The Roman Social War 91-88 B.C. Definition: The Social War was a civil war between the Romans and their Italian allies. Like the American Civil War, it was very costly. When the Romans wouldnt grant the Italians equality, most of the allies attempted to secede, although Latium and northern Campania remained loyal to Rome. The rebels made their headquarters at Corfinium, which they renamed Italia. Poppaedius Silo headed the allied Marsic troops and Papius Mutilus headed the Samnites, altogether about 100,000 men. The Romans divided their roughly 150,000 men under the 2 consuls of 90 B.C. and their legates. The Romans in the north were headed by P. Rutilius Lupus, with Marius and Cn Pompeius Strabo (Pompey the Greats father under whom Cicero served) under him. L. Julius Caesar had Sulla and T. Didius under him, in the south. Rutilius was killed, but Marius was able to defeat the Marsi. Rome fared worse in the south, although Papius Mutilus was defeated by Caesar at Acerrae. The Romans made concessions after the first year of the war. The lex Julia gave Roman citizenship to some possibly all Italians who stopped fighting or just those who had remained loyal. Next year, in 89 B.C., the Roman consuls were Strabo and L. Porcius Cato. They both went north. Sulla headed the Campanian forces. Marius had no commission despite his successes in 90. Strabo defeated 60,000 Italians near Asculum. The capital, Italia, was abandoned. Sulla made progress in Samnium and captured the Italian HQ at Bovianum Vetus. The rebel leader Poppaedius Silo regained it, but it was defeated again in 88, as were other pockets of resistance. Supplemental laws gave the franchise to the remaining Italians and people of the Italian regions of Gaul by 87. There was still a grievance, though, since new citizens were not equitably distributed among the 35 tribes of Rome. Main Source:H.H. Scullard: From the Gracchi to Nero. Also Known As: Marsic War, Italian War Examples: Military preparation for the Social War took place over the winter of 91/90. It was called the Social War because it was a war between Rome and its socii allies.

Chapter 6 Flashcards Example for Free (#6)

Chapter 6 Cramped quarters on a ship’s lower deck for passengers paying the lowest fare person who enters and becomes established in a country other than that of his or her original nationality a tiny island in new york harbor, european passengers disembarked here a danish- born journalist. Observed in 1890 that a map of new york, â€Å"colored to designated nationalities, would show more stripes on a skin of a zebra† contributed the most to the design of the skyscraper one of new york cities most powerful party boss, defended what called, â€Å"honest graft† the thought that no matter what a persons background was, they could still become secessful A social theory which states that the level a person rises to in society and wealth is determined by their genetic background. providing money to support humanitatian or social goals A center in an underprivileged area that provides community services Belief that assimilating immigrants into American society would make them more loyal citizens Change in a kind of organism over time; process by which modern organisms have descended from ancient organisms. Time period after Reconstruction. Looks great on the surface, but if one scratches the surface it is very different. Term coined by Mark Twain This was a book written by Carnegie that described the responsibility of the rich to be philanthropists. This softened the harshness of Social Darwinism as well as promoted the idea of philanthropy. A movement in the late 1800s / early 1900s which emphasized charity and social responsibility as a means of salvation. 1860-1935. Founder of Settlement House Movement. First American Woman to earn Nobel Peace Prize in 1931 as president of Women’s Intenational League for Peace and Freedom. the political doctrine that supports the rights and powers of the common people in their struggle with the privileged elite Name for Union paper money not backed by gold or silver. Value would fluctuate depending on status of the war (plural) A general and progressive increase in prices A decrease in the general price level Organized groups that borrowed money from the government to pay for installing electrical services a method of taxation that taxes people at different rates depending on income A financial security that represents a promise to repay a fixed amount of funds Coins and paper bills used as money In 1873 the Grangers founded this. Their goals promote social gatherings/education opportunities, organize against abuse, form cooperative/women played a significant role, and wanted political pressure. This later led to the founding of the populist party. Formed in 1892, the populist party was created by farmers’ alliances. The peoples’ party supported the abolition of national banks and the government ownership of railroads. Democratic candidate for president in 1896 under the banner of â€Å"free silver coinage† which won him support of the Populist Party. republicans decided to nominate him as their candidate, governor of ohio A tax of a fixed amount per person and payable as a requirement for the right to vote Separation of people based on racial, ethnic, or other differences Laws designed to enforce segregation of blacks from whites putting to death a person by the illegal action of a mob Behaving differently, usually unfairly, toward the members of a group. African American journalist. published statistics about lynching, urged African Americans to protest by refusing to ride streetcars or shop in white owned stores Believed that self help was the best plan for African Americans over half was from eastern and southern Europe 1. avaliable jobs 2.escape poverty and restrictions of social class 3. avoid forved military services (draft) 4. high food prices 5. religious percecution 6. moving to the us was cheap 7. to live under democratic government where did the passangers disembark at the end of the 14-day journey Most immigrants booked passage on _____ by 1890s immigrands mad a large population of cities such as new york, chicago, milwaukee, and detroit neighborhoods that were seperate in ethnic groups The most destructive civil war in China before the twentieth century. A Christian-inspired rural rebellion threatened to topple the Qing Empire. Leader claimed to be the brother of Jesus. why did japanese immigrate to the us the wave of immigrants brought an increase in Reasons Nativists opposed immigration 1.feared that us would become mostly catholic 2.thought took american jobs for those on strike increased feelings of nativism led to anti-immigrant orginazations, such as the APA 1. horsecars 2. cablecars 3. electric trolley 4. elevated railroads (over a bridge) 5.subway syste what was a growing problem in american cities crime, alcohol, diseas and pollution Why did political machines come about cities grew much faster than their governments they were warning others that something might appear to sparkle by the inside is probably made of cheaper material One of the strongest beliefes in the gildena age who wrote more than 100 rages to riches stories new moviment in arts and literature what played a major role in male workers what became popular in the late 1800s amusement parks, watching professional sports, playing tennis golf and croquet, and ragtime music How did Rutherford B. Hayes try to end patronage firing officials who had been given their jobs under the spoils system Serious economic depression beginning in 1893. Began due to rail road companies over-extending themselves, causing bank failures. Was the worst economic collapse in the history of the country until that point, and, some say, as bad as the Great Depression of the 1930s. How did William Mckinley win the presidential election of 1896 who became convinced americans will never excel in life becaues of the stron racism Why did Singleton urge african americans to move to the west (kansas) How did southern states make it harder for african americans to vote 1.$12 poll tax 2. require a literacy test There was an average of 197 _____ per year in 1890 and 1899 Nativism in the late 1800’s was focused on Asians, Jews, and By the 1890’s, immigrants made up a significant percentage of some of the country’s largest_____ Where did many Chinese immigrants settle? What law prevented Chinese immigrants already in the United States from becoming citizens? The processing center for the vast majority of immigrants arriving on the East Coast was at What was the famous New York Democratic political machine called? No one contributed more to the design of skyscrapers than Chicago’s America’s industrialization made some people wealthy and created a growing In response to urban congestion, Boston and New York built the first Who rose to become one of New York’s most powerful party bosses? When President Rutherford B Hayes attacked the practice of patronage, his supporters were called By calling their era the Gilded Age, Mark Twain and Charles Warner were During the presidential campaign of 1888, Benjamin Harrison received large contributions from Popular Culture changed in the late 1800’s, because industrialization improved the standard of living for many people, enabling them to spend more money on The purpose of the cooperatives was to What organization formed exchanges? In 1892, the People’s Party called for a The People’s Party was also known as the Granger laws supported the interests of Between 1890 and 1899, the majority of lynchings each year occurred in In 1886, African American farmers formed the Mississippi took the first step to prohibit African Americans from voting when it required that all citizens registering to vote To win the votes of poor whites, Democratic leaders in the South began appealing to In 1883, the Supreme Court set the stage for legalized segregation by overturning the We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy We will write a custom sample essay on

Different Approaches to developing strategy Essay

Different Approaches to developing strategy - Essay Example It can also give a message to employees, project the image before customers, bring intention for future etc. i.e. what should the business to do?. Objectives: Objectives are firm achievable goals / targets of the business in terms of results like growth in earnings, increase in production etc. in medium and long terms. They are measurable and can be monitored and corrected for their progress. Values / Situation Analysis: It is desirable that a strategic developer should take stock of the present status of the business both in terms of its weaknesses and strengths and devise a strategic plan to achieve the objectives already set forth. Weakness of the business could be in any area like management, finance, markets / sales, operations, offerings etc. Strength or success area of the business can include sound financing / cash flow, average or good profitability in terms of capital investment, scope for enhancing targets & market share, brand awareness development, provision to invest in R&D or any other innovation, good customer care, facing strong competition without increase in prices etc. Both external and internal environments should be considered to devise a strategic plan. These environments can be assessed through analysis of ‘SWOT’ elements. SWOT stands for Strengths, Weaknesses, Opportunities , and Threats. Strategic Development: The strategic development differs for different businesses and specific business alternatives can be applied that can serve its best interests. Different types of business development strategies include: Implementation: Strategic planning implementations access to make changes in the organization. A well drawn plan for clear objectives, activities, targets, budget, responsibilities, timings including deadlines etc. would provide a blue print for the organization to combat the implementation plan challenges. However some unexpected or unforeseen circumstances both external and internal can always

Analyzing an image and text - assignment Example | Topics and Well Written Essays - 250 words - 1

Analyzing an image and text - - Assignment Example The painting was able to capture the different emotions of the narrow street through the expressions of the people in the scene. The colors of the picture and the strokes that had been used by the painter also contributed to the message of vibrant activities of the people in the narrow street. But the said painting was given a deeper meaning by the poem. Every part of the picture was given meaning, the child and the ball, the baker, the couple, the child and the mother, and the other elements of the picture. Though the written words, the meaning of the picture was elevated to the point that the audience can perceive that the narrow street is bursting with emotions of excitement, love, etc., which is more than a painting can ever express. The two works elevated the normal activities of the people in the narrow street and gave it more life, color and importance. Although the painting was able to capture the emotions that gave the audience a better and more exciting perspective, the written words was able to create a higher level of understanding. On a personal note, the written words can give a higher perspective because it can lead to the limitless imagination of the audience or the reader. Although the painting can elicit an emotion, the picture that it creates is more exact and leaves less space for the mind to explore. It can make the mind think of meanings behind the painting but the imagery it can stimulate is limited to the scenarios in the

Getting to know Bigger Essay Example | Topics and Well Written Essays - 1500 words

Getting to know Bigger - Essay Example s vanishing on her darling, a Communist; he tries to gather a payment from her guardians; after the body is discovered he kills his Negro paramour to keep her from deceiving him to the police. The one day from now he is caught on the snow-secured top of a South Side dwelling, while a crowd wails in the road below. Bigger is a character made to show us the issue of racism that was then present in America. The situation of the racial groups, the condition they went through, and their feelings their tough situations have been shown through the character of Bigger Thomas. Bigger, he demonstrates, had been prepared from the earliest starting point to be a terrible resident. He had been taught American beliefs of life, in the schools, in the magazines, in the modest film houses, yet had been precluded any methods from claiming accomplishing them. All that he needed to have or do was held for the whites. "I simply cant get accustomed to it," he lets one know of his poolroom pals. "I vow to God I cant†¦ Every time I contemplate it I feel like some persons jabbing a super hot iron down my throat. His every day presence is smudged with apprehension of white individuals, dread of life itself, and disgrace at the way his family exists. In spite of the fact that we know hes picked up another employment, even the new occupation offers little trust for a superior life. His family will keep on lying in the same rodent plagued one-room condo and battle to put sustenance on the table, a reality that fills Bigger with a miserable feeling of his own weakness. The Daltons, the well off white family that utilizes him, recommend that Bigger has an open door to increase an instruction through night school while he lives and works for them. In spite of the fact that this is an open door that few blacks at the time are offered, the Daltons liberality is moderated – actually, demolished – by their racism. Bigger realizes that the well off white family possesses the condo in which

Reflective journal about Building high self-esteem Essay

Reflective journal about Building high self-esteem - Essay Example It is a term used to describe human being’s emotional evaluation of their worth (Mind, 2013). It can be explained as an attitude or a judgment towards self. There are various emotions encompassing self-esteem such as pride, despair, triumph and shame. Self-evaluations can be negative or positive. It can be influenced by the external environment or can be completely self-generated (Reece, 2013). Self-esteem can also be associated with self-consciousness. Resent research in self-esteem has suggested that it has a power influence on academic achievement, different exercise behaviour, workplace development and increasing employee morale (Bragar, 2009). The fact that presence or absence of self-esteem can be an important factor influencing the success or failure of an individual makes it an interesting topic. This study is basically intended to critically reflect upon the learning I received from the teachers and trainers. In the course module, we have mainly read about the theorie s and importance of self-esteem and critical evaluation of what I have learned during the programme and how can I apply this in my future career. In order to do this analysis, self reflection methodology will be adopted. In this study, I will demonstrate real life experience of my learning which was during my work in the bank and how I could relate the concepts and theories with practical learning. I will reflect upon how I can use those learning for my professional career.

Information Security Policy Document (ISPD) Assignment

Information Security Policy Document (ISPD) - Assignment Example Organizations are dependent on these digital communication channels for transferring and exchanging classified information such as confidential information, mission critical information and information that is published for the people. As information is a blood life of any organization, it is vital to protect information by implementing physical, logical and environmental controls. In the context of protecting information security, three fundamental factors must be considered to make use of digitized information in an effective manner i.e. Confidentiality, Integrity and Availability. As there is a requirement of protecting this digital information internally and externally, policy is a control that provides necessary steps, procedures and processes to protect information. These are also considered as high level statements derived from the board of the organization. â€Å"Information security policy is therefore considered an essential tool for information security management† (Ilvonen 2009). However, information security policy is customized by company to company and department to department. Different factor that may influence to tailor the policy includes organization size, dependence on information systems, regulatory compliance and information classification scheme. For addressing all issues related to information security via a single policy is not possible, however, to cover all aspects related to information security, a set of information security policy document focusing on different group of employees within the organization is more suitable. This paper will discuss different factors that must be taken in to account when constructing and maintaining an information security policy. However, there are many methods available for constructing an information security policy, the initial step before adopting any one of the methods is to identify the current maturity level of the policy construction process within the organization. The outputs will be either no information security policy development process in place or there is an extensive policy development process exists. As University of Wales has inaugurated a new bespoke digital forensic and information security laboratory, we will use a phased approach that will use a basic policy framework that will address key policies followed with the development of more policies. Likewise, the phased approach will also revise the existing policies that are already in place. In the current scenario there is no policy in place, as the laboratory is new. One key element for a policy development process is the process maturity level. For instance, a newly derived comprehensive and complex security policy cannot be successful because organizations need time for compliance. Common pitfalls for compliance are different organization cultures, lack of management buy-in, insufficient resources and many other factors. For a newly inaugurated forensic laboratory, the initial

Getting to know Bigger Essay Example | Topics and Well Written Essays - 1500 words

Getting to know Bigger - Essay Example s vanishing on her darling, a Communist; he tries to gather a payment from her guardians; after the body is discovered he kills his Negro paramour to keep her from deceiving him to the police. The one day from now he is caught on the snow-secured top of a South Side dwelling, while a crowd wails in the road below. Bigger is a character made to show us the issue of racism that was then present in America. The situation of the racial groups, the condition they went through, and their feelings their tough situations have been shown through the character of Bigger Thomas. Bigger, he demonstrates, had been prepared from the earliest starting point to be a terrible resident. He had been taught American beliefs of life, in the schools, in the magazines, in the modest film houses, yet had been precluded any methods from claiming accomplishing them. All that he needed to have or do was held for the whites. "I simply cant get accustomed to it," he lets one know of his poolroom pals. "I vow to God I cant†¦ Every time I contemplate it I feel like some persons jabbing a super hot iron down my throat. His every day presence is smudged with apprehension of white individuals, dread of life itself, and disgrace at the way his family exists. In spite of the fact that we know hes picked up another employment, even the new occupation offers little trust for a superior life. His family will keep on lying in the same rodent plagued one-room condo and battle to put sustenance on the table, a reality that fills Bigger with a miserable feeling of his own weakness. The Daltons, the well off white family that utilizes him, recommend that Bigger has an open door to increase an instruction through night school while he lives and works for them. In spite of the fact that this is an open door that few blacks at the time are offered, the Daltons liberality is moderated – actually, demolished – by their racism. Bigger realizes that the well off white family possesses the condo in which

Information Security Policy Document (ISPD) Assignment

Information Security Policy Document (ISPD) - Assignment Example Organizations are dependent on these digital communication channels for transferring and exchanging classified information such as confidential information, mission critical information and information that is published for the people. As information is a blood life of any organization, it is vital to protect information by implementing physical, logical and environmental controls. In the context of protecting information security, three fundamental factors must be considered to make use of digitized information in an effective manner i.e. Confidentiality, Integrity and Availability. As there is a requirement of protecting this digital information internally and externally, policy is a control that provides necessary steps, procedures and processes to protect information. These are also considered as high level statements derived from the board of the organization. â€Å"Information security policy is therefore considered an essential tool for information security management† (Ilvonen 2009). However, information security policy is customized by company to company and department to department. Different factor that may influence to tailor the policy includes organization size, dependence on information systems, regulatory compliance and information classification scheme. For addressing all issues related to information security via a single policy is not possible, however, to cover all aspects related to information security, a set of information security policy document focusing on different group of employees within the organization is more suitable. This paper will discuss different factors that must be taken in to account when constructing and maintaining an information security policy. However, there are many methods available for constructing an information security policy, the initial step before adopting any one of the methods is to identify the current maturity level of the policy construction process within the organization. The outputs will be either no information security policy development process in place or there is an extensive policy development process exists. As University of Wales has inaugurated a new bespoke digital forensic and information security laboratory, we will use a phased approach that will use a basic policy framework that will address key policies followed with the development of more policies. Likewise, the phased approach will also revise the existing policies that are already in place. In the current scenario there is no policy in place, as the laboratory is new. One key element for a policy development process is the process maturity level. For instance, a newly derived comprehensive and complex security policy cannot be successful because organizations need time for compliance. Common pitfalls for compliance are different organization cultures, lack of management buy-in, insufficient resources and many other factors. For a newly inaugurated forensic laboratory, the initial

Great Expectations Essay Example for Free

Great Expectations Essay Great Expectations by Charles Dickens is a novel that focuses on the life of Philip Pirrip and his expectations. Throughout the book these expectations change and as they do, the reader comes to realise the key theme of how a characters upbringing and environment can dehumanise them. This essay will examine this key theme and how it demonstrates and helps the reader understand Pips growth as a character.  Initially, Pip is a very compassionate and sensitive character. We see this right from the start as the first scene describes him at his families grave crying. The reason for this behaviour at this stage of the book is Pips sister and guardian Mrs Joe Gargery. She concluded by throwing me- I often served her as a connubial missile-  This quote shows that Pip feels in most ways inadequate to his sister and that this domination is the reason for his sensitive and compassionate appearance at this stage of the book.  However, when Pip receives his expectations from Mr Jaggers, and he moves into lodging with Herbert, this domination is no longer valid. As Pip falls deeper and deeper into debt with his flippant spending, he moves further away from Joe and his old home. This gap becomes more apparent after Mrs Joes funeral, when Pip has an awkward conversation with his used to be good friend Biddy. In this conversation Pip presents himself as much more of a selfish and uncompassionate young man: Biddy, said I in a virtuously self-asserting manner, I must request to know what you mean by this?  This quote demonstrates Pips growth as a character as it shows the speed at which he has changed into more arrogant and self-righteous Pip since his childhood. It helps the reader understand the theme of how a characters upbringing and environment can dehumanise them, by showing that in his new, wider-boundary environment, Pip has become somewhat dehumanised. This dehumanisation is demonstrated in this conversation, as Pips manner is made to seem selfish and arrogant to underline the gap between Pips humanised place of upbringing and his somewhat dehumanised state in London. After Mrs Joes death, Pip seems more compassionate and thoughtful. This is because his visit back to his place of birth has helped him realise the change that he has undergone while he has been away by showing him the emotional distance he has put between himself and his family, and the consequences these distances have had on his relationships with his friends and family back home. This compassionate change is reinforced when he sets up Herberts job in a bid to see his friend more financially stable. I did really cry in good earnest when I went to bed, to think that my expectations had done some good to somebody.  This quote shows that Pip has realised the main theme of how a characters environment and upbringing can dehumanise them, by acting in this compassionate and thoughtful way. Also by referring to Herbert as somebody at the end of this quote, Pip shows the reader that he does not believe that his expectations have done himself that much good. In conclusion, Pip reacted throughout the novel towards his environment and upbringing in both negative and in the end positive ways. At the beginning of the novel, he seemed a very modest and sensitive young boy. However when he receives his expectations this marks the beginning of the changes and dehumanisation that he undergoes whilst he is in London. Thankfully though, after his experience at Mrs Joes funeral Pip realises these changes that he has undergone and endeavours to be more compassionate and thoughtful. This shows the reader that Pip has almost completed a full circle of growth, in terms of his behaviour in relation to his upbringing and environment, and this was reinforced by the main theme of how a characters upbringing and environment can dehumanise them.

Diagnosing Depression In Ethnic Minority Groups Social Work Essay

Diagnosing Depression In Ethnic Minority Groups Social Work Essay The essay title is curious and could be interpreted in a number of ways. Firstly, it invites me to decide whether the essay should be from the perspective of a client, or the therapist, or both. I have chosen to present the essay from the point of view that it is the client who is a member of an ethnic minority group. Perhaps what drew me to this title over the others is of personal significance, being from a multicultural family and having lived and worked in countries in the Far East and West Africa where culture and society is vastly different to that of the UK. Essentially, I have experienced being an ethnic minority member in the opposite context and hence was eager to explore the essay from a clients perspective in the UK. I chose to focus on depression rather than psychosis, as I was less aware of current research linking ethnicity to depression and felt this would balance out my motivations and be beneficial for my development as a trainee. As for the content, I will begin with a discussion on what is meant by an ethnic minority group and by the term depression. I will then present my view of how ethnicity affects the diagnostic process, initiated with a brief health warning about the implications of racial stereotyping. Following this I will focus on presentation of symptoms and the formulation process of depression. The second half of the essay will be about the treatment process, looking closely at the influence of ethnicity on help-seeking behaviour and psychological treatments. Finally I will end the essay with a reflective account containing my thoughts about finishing the essay and a conclusion. What is an ethnic minority group? When translated literally, the term ethnicity means people or nation (i.e. ethnos; Franklin, 1983). Senior Bhopal (1994) highlight that is now used as a variable to describe health data. On closer inspection, the concept of ethnicity is not simple or easy to understand. Firstly, ethnic minority status does not account for changes over time and context. There are also many different terms used for groups. McKenzie Crowcroft (1996) highlight a good example of this: à ¢Ã¢â€š ¬Ã‚ ¦a Black Baptist born in the UK whose parents were born in Jamaica might be called Afro-Caribbean, black British, of Caribbean origin UK born, West Indian, and of course, Jamaican. Furthermore, ethnic categorization does not inform us of whether the individual is of first or second generation descent, not to mention the migrant status of the individual. Given our multicultural climate, the meaning of ethnicity is a source of continuing debate and is also likely to change with national trends and politics. For example, the Irish have only recently be recognized as an ethnic minority in the UK. Although the National Institute for Mental Health (NIMH, 2003) has advised that ethnicity should be self-identified, this does not always happen in the process of research. McKenzie Crowcroft (1996) point out that this leaves many researchers in the position of assigning membership of an ethnic minority group on an informal basis in order to have comparable data. Indeed, defining an ethnic minority group is problematic due to the lack of consensus. Despite these issues it was necessary for me to attach myself to a concrete definition for the purpose of this essay. Furthermore, I have selected a particular ethnic minority group (African-Caribbeans) when specific examples are needed. The definition I am following regarding an ethnic minority group is: Those with a cultural heritage distinct from the majority population (Manthorpe Hettiaratchy, 1993). What is Depression? Depression is a term used both clinically and in everyday discourse (Valente, 1994) to describe a host of unpleasant feelings which people experience, ranging from a low mood to describing a situational feeling (Keller Nesse, 2005). When depression is considered clinically significant is it quite different from the common experiences just narrated. A person may be diagnosed with clinical depression if they are experiencing depressed mood or loss of interest and pleasure plus at least five other adverse feelings during a two-week period or longer (DSM-IV-TR; American Psychological Association, 2000). When depression is at its worst, it can make people withdraw from ordinary pleasures and concentration may become very poor. Some people with depression report a sense of hopelessness and can experience suicidal feelings or ideations as a result (APA, 2000). Clinical depression can occur alongside different disorders and be multifaceted in its presentation (e.g. Akiskal et al., 2005). It is probably fair to say depression does not occur in every country across the world in the way we view it in the West. Other cultures may label it as something different. For example, Kleinman (1980, as cited in Bentall, 2003) found Western depression and a Chinese condition called Neurasthenia to be the same thing, although expressed in different ways. Given this, I question how useful our depression label is. This essay is however, directed by the title and the focus of this essay will therefore follow the DSM-IV-TR definition of depression. According to the Office for National Statistics clinical depression is experienced by 10% of the British Population at any one time. Depression is a diagnosis of increasing popularity, and was once referred to as the common cold of psychiatry (Seligman, 1975 as cited in Hawton et al., 2000). It is estimated that there are over 6 million people in England alone who are designated as from minority ethnic groups (Department of Health (DoH), 2003). Much of our current knowledge of depression in UK African-Caribbean people relies on limited research showing inconsistent results. I feel such statistics often lead to misdiagnosis, as clinicians are informed by research and policy. In order to avoid statistical discrimination I have therefore not included any data displaying suggested prevalence rates of depression in this population. Chakraborty McKenzie (2002) points out that early studies were criticized for methodological problems, but argues that more recent studies have attempted to advocate more rigorous methodology. More recent studies tend to suggest a high prevalence of depression in African-Caribbean populations (e.g. Nazroo, 1997 as cited in Chakraborty McKenzie, 2002). Interestingly, it is also thought that depression is underecognised and undertreated in African- Caribbeans, especially in primary care (Ahmed Bhugra, 2006). To what extent is membership of an ethnic minority group influential in the process of diagnosis of people experiencing depression? In the recent Inside Outside UK national initiative (Department of Health, 2003) a well-established link between health care disparities and ethnicity is claimed and structures are recommended which target this. I question the wider implications of producing such documents as it appears to suggest people should be viewed differently according to their ethnic status. As Lewis-Fernandez Diaz (2002) rightly point out, even people who share the same ethnic minority status can differ, as ethnic groups are culturally heterogeneous. As noted above, membership of an ethnic group is not a static thing and there are vast differences within an ethnic group as well as outside of it. I can relate to this as I often have difficulties when completing the ethnic status box on equal opportunities forms. Although I would class myself as white-British my father is Italian-American and my mother is Swiss, hence I have four passports. I normally choose to categorize myself as British however this someti mes changes to white-other or white-American depending on where I have been living. In my experience, I feel the desire to categorize people in society outweighs the usefulness of doing so. Given the increasingly multicultural climate of the UK it may not always be accurate to state that white people are of the dominant origin however statistically that is currently the case. This means that the relatively recent surge in interest and attention on differences of ethnic groups in mental health is often taken from an essentialist perspective (Giles Middleton, 1999), where differences are observed from my or our perspective. Claims made in research detailing differences between ethnic groups also encourage categorizing of individuals, which simply creates an othering between groups. Othering has been explained as a way to serve and mark those thought to be different from oneself (Weis, 1995 as cited in Grove Zwi, 2005). There is a concern for me that by focusing on the differences between African-Caribbeans and whites, or any other ethnic minority simply serves to reinforce the idea of racial differences and segregation. Institutional racism is a form of discrimination, which stems from the notion that groups should be treated differently according to phenotypic difference (McKenzie, 1999). It has been suggested that it is widespread in the UK (Modood et al., 1997). It seems to me that if we are to eliminate racial disparities in mental health care; concordant with the aims of the recent Department of Health initiative (2003), we all need to look at the way we are talking and presenting our ideas around this. For the reasons just discussed I will now attempt to present a view that is balanced and allows disparities of depression in African-Caribbean people to be seen in a relational context. Whilst I will describe potential areas of difference, the aim is not to stereotype people according to their ethnicity. Presentation The bodily styles of experiencing and expressing distress may be different for some people of African-Caribbean origin living in the UK than people from other ethnic backgrounds. Some studies suggest they experience and present more somatic symptoms of depression, e.g. headaches, achy limbs (Comino et al, 2001). Comino and colleagues also contend that idioms of distress differ linguistically and can take the form of cultural metaphors. If clinicians do not recognize these symptoms as signs of distress I imagine some clients may be left feeling quite frustrated. For us, as therapists, this does make the process of diagnosis more complex. An awareness of the possibility of somatic presentations, with a view to enquiring about the clients understanding of them seems helpful. A unique approach for the assessment and understanding of somatic symptoms of depression and idioms of distress has been developed (Lewis-Fernandez Diaz, 2002). There have also been attempts at identifying the core symptoms of depression across different ethnic groups, although the last one is most probably outdated now. In their large cross-cultural study, Jablensky et al., (1981 as cited in Bhugra Ayonrinde, 2004) found nine common international symptoms of depression; sadness, joylessness, anxiety, tension, lack of energy, loss of interest, poor concentration and ideas of insufficiency, inadequacy and worthlessness. Perhaps doing more studies like this could help in us developing a more universal approach to symptom recognition. Despite the evidence, I do believe that symptom presentation of depression can vary for a number of reasons completely unrelated to an individuals ethnic minority status. Children were once considered a difficult and under diagnosed population as they often present with somatic symptoms (e.g. failure to make expected weight gains in very young children; Carson Cantwell, 1980) which makes it difficult to diagnose. Subsequently, rating scales and measures have been devised which are appropriate for different age groups and enable a conventional diagnosis to be made (Goodyer, 2001). People living with HIV may also present somatic symptoms of depression. Kalichman et al., (2000) suggest available methods for distinguishing overlapping symptoms should be utilised when assessing such individuals. It seems obvious to me that we have to adapt standard methods of recognizing depressive symptoms when dealing with the diversity that naturally occurs in human beings. Language is also thought to be a potential barrier (e.g. Unutuzer, 2002) in the diagnostic process of depression. African-Caribbean people may not always speak clear English but speak multiple local languages or with an accent. Whilst I know this happens, I could not find any research investigating the percentages of African-Caribbean people in the UK and their language abilities. This so-called barrier could therefore be perceived rather than actual; however I will briefly discuss methods to work with this in the clinical context. As stated in the aforementioned Inside Outside document (2003) mental health services now aim to be culturally capable, which includes tackling difficulties with language. There is no doubt in my mind that communication is a key element in diagnosis, and I know from personal experience that not being able to communicate in a locally understood language can cause people to feel isolated. Thus, ensuring language access for people who speak a language other t han English through appropriate interpreting/translating services is crucial. However, I do feel that this parallels a need for people who have other difficulties with language. For example, I am sure it can be difficult to identify depression in individuals who have suffered severely dehabilitating strokes or physical injuries where speech is severely impaired. My point is that there are an array of factors which influence the way people talk about their difficulties and how they are understood by clinicians. Not being able to speak the English language in a clear English accent is simply one of those factors. I feel the issue raised here is more related to how we work with diversity rather than how we work with ethnicity. Formulation As a trainee clinical psychologist involved in the diagnostic process of depression I am also concerned with the formulation process and how this is affected. The beliefs people have about the nature and causes of depression do differ between cultures. For example, Bhugra et al., (1997) identified some African and Asian cultures view depression as part of lifes ups and downs, rather than a treatable condition. From this perspective, many psychological models which aid us in understanding depression can account for the differing beliefs and experiences of people. For example, the Cognitive model of depression (Beck, 1967, 1976) suggests that peoples early experiences lead people to form beliefs or schemata about themselves and the world. These assumptions are thought to cause negative automatic thoughts which perpetuate symptoms of depression on five different levels; behavioural, motivational, affective, cognitive and somatic. Despite this model being quite flexible at face value, ho wever, the negative cognitive triad (Beck, 1976) is directed by the beliefs and experiences of the individual. This may not fit in with those from more collectivist cultures. Indeed, we know that social networks often play an important part in the belief systems of ethnic minority members (Bhugra Ayonrinde, 2004). Therefore, thinking more systemically may be particularly useful when considering individuals from ethnic minority groups. However, we do need to be cautious in making assumptions about what beliefs people from ethnic minorities have. There is a danger that in doing so, we may be able to formulate quicker but may also cause considerable distress to the client. I recently attended a mental health awareness course as part of my placement where an African Caribbean service user came to talk to us about her experiences of being in the mental health system. She described her first traumatic admission to hospital after a close suicide attempt at the age of nineteen. She told us it was persistently assumed by mental health staff that she had attempted suicide because she did not understand or fit in with the predominantly white community in her area. She told us how upset and misunderstood this made her feel, as this was not the case at all. On reflection, this highlights the importance of service-user feedback in clinical practice. The question I see appearing with regards is how we as clinicians in the UK can best explore the beliefs, experiences and background of the multicultural population we are working with in order to diagnose appropriately. As Fernandez Diaz rightly point out, to do this we need a systematic method for eliciting and evaluating cultural information in the clinical encounter (Lewis-Fernandez Diaz, 2002). There is a paucity of information debating ways to take this forward and models to encapsulate these ideas are currently being developed and tested in the USA. One such model is the Cultural Formulation model (Lewis-Fernandez Diaz, 2002), which is an expansion on the depression guidelines, published in the DSM-IV-TR. This innovative model consists of five components; assessing cultural identity, cultural explanations of the illness, cultural factors related to the psychosocial environment and levels of functioning, cultural elements of the clinician-client relationship and the overall impact of culture on diagnosis and care. I find this model very inclusive as it can still elicit very useful information about culturally-based norms, values and behaviours even when there is no ethnic difference between the clinician and the client. Whilst cultural differences exist within an ethnic group, they are not necessarily ethnicity-bound. For example, they can equally be associated with an individuals age, gender, socioeconomic status, educational background, family status and wider social network (Ahmed Bhugra, 2006). If this is the case, then I would say that it is important for clinicians to have a very exploratory and curious approach when assessing and diagnosing an individual in a mental health service, whether they are from an ethnic minority or not. To what extent is membership of an ethnic minority group influential in the process of treatment of people experiencing depression? Some people with depression get better without any treatment. However, living with depression can be challenging as it impacts many areas of an individuals life including relationships, employment, and their physical health. Therefore, many people with depression do try some form of treatment. This process usually begins at primary care level and then a collaborative decision is made between the patient and the clinician as to what treatment suits them best. It has been suggested that Africa-Caribbean people are less tolerant to antidepressant medication than whites (Cooper et al., 1993). Therefore this section of this essay will focus on the process of psychological treatments of depression. Treatments vary and have altered radically with the growing use of Cognitive Behavioural Therapy (CBT), which is based on the scientist-practitioner model and routinely offers outcome data (Whitfield Whitefield, 2003). In CBT, and in the majority of other talking therapies, treatment usually involves seeing a therapist for a number of sessions on a regular basis. Seeking help There appear to be two main potential barriers when it comes to the treatment of depressed clients from ethnic minorities. Firstly, the help-seeking behaviours of African-Caribbean and other ethnic minority groups have attracted considerable attention in the research domain. Members of the African-Caribbean population are thought to be less likely to seek professional treatment for psychological distress (e.g. Bhui et al., 2003). Whilst reading a mountain of papers listing reasons why the help-seeking behaviour of people from ethnic minorities is so different, a few ideas sprung to my mind. From my own experience when people are very depressed they may struggle to get motivated and make less use of the support available to them. Moreover, I wonder whether one it is a possibility that African-Caribbeans do not approach services as much because of negative experiences of the UK mental health system. I recall seeing an elderly Jamaican gentleman for an assessment last year whilst working as an Assistant in a Clinical Health department. Following the very limited referral information I had, I elicited his ideas about what brought him to our service. He told me that he had felt unable to cope with his low mood and intrusive thoughts for some while, however he did not feel able to seek help because a family member of his had been treated unfairly by mental health staff before. Perhaps the reasons for people not acc essing treatment are simpler than we think. In their study of reasons for exclusion of African-Caribbean people in mental health services, Mclean et al., (2003) found the types of interactions between staff and patients strongly associated with disparities in treatment. They encourage positive, non-judgmental interactions as the first step on the path to social inclusion of mental health services (Mclean et al., 2003). Their study reminded me of a report I read recently on placement about the Circles of Fear (Salisbury Centre for Mental Health, 2002). Essentially, this report stipulates that people from ethnic minorities tend to have a more negative experience of the mental health system. People may then fear the consequences of becoming involved with it and avoid contact. This leads me to believe that we (the health service) are very much part of the reason why such individuals may not seek help. Geography may also be a reason for varying help-seeking behaviour. People living in rural areas are thought to be at risk of facing isolation and discrimination in mental health treatment (Barry et al., 2000). I do think there is something valuable about looking at populations which services are not reaching. However, it has just struck me that writing about the help-seeking behaviour of people can come across as quite blaming and puts the responsibility very much with the individual. Whatever the reason, if minority members are less likely to get appropriate care, I feel the focus should be on how to engage different members of society in effective care for depression. Fortunately, depressed people who fail to seek help for treatment can often be identified and treated in general medical settings (Shulberg et al., 1999). One study also suggests that the majority of people who are depressed do want help, regardless of their ethnicity (Dwight-Johnson et al., 1997). What I find particu larly interesting is that the desire for help seems to be related to the severity of the depression in precedence of their ethnic minority status. Thus it appears that ethnicity, severity of depression, geographical location, previous experiences with the mental health system and beliefs about what help is available all influence help-seeking behaviour. Psychological Treatment The second claimed difficulty in the treatment of African-Caribbean people who are depressed is poor attendance rates and incompletion of treatment (Bhugra Ayonrinde, 2004). There are also claims that African-Caribbean people are more likely to experience a poorer outcome from treatment. Given that the search for a biological cause for disparities in treatment success rates has not been fruitful we must turn our focus to other explanations. For example, we now know that the relationship between the therapist and client is a key component of treatment outcome (Hovarth Greenberg, 1994). As such, I am going to focus on those explanations which link to the therapeutic alliance. There are few empirical studies which explore how ethnic differences affect the therapeutic alliance and these have consisted mostly of client preferences. Cultural unfamiliarity may act as interference to some African-Caribbean people staying in psychological treatment (Davidson, 1987). In their study of secondary school students, Uhlemann et al., (2004) looked at how being an ethnic minority therapist affected relationships in a counselling setting. They found ethnic minority counsellors were perceived more favorably than white-Caucasian counsellors. Most students believed therapists were less able to understand or empathize with them if the therapist was ethnically different. In another study Coleman et al., (1995) surveyed studies comparing ethnic minority clients preferences of therapists, being ethnically similar or ethnically dissimilar. They found that in most cases clients preferred therapists of similar ethnic background, particularly those with strong cultural attachments. I acknowledge that this may be something to be aware of as a therapist; however I do not think this in itself would put people off psychological treatment. It might be useful for us as therapists to address this issue and to do so early on in the treatment process. One way of doing this could be to address any obvious ethnic differences and explore together how it may affect the given relationship. This may also help the process of understanding which is deemed very important in strengthening the therapeutic alliance. Whilst this is something I will try and be aware of in my practice, I also feel it is important to present this discussion in a realistic and in context. From my experience as a trainee, the age and amount of experience a therapist is far more valuable and influential than the ethnic status of a therapist. One lady I saw recently had difficulty accepting me as her therapist for the simple fact that she worried about how much I would be able to help her in comparison to a qualified clinical psychologist. There was also an ethnic difference between us but this was did not cause her concern. Similarly, Coleman et al., (1995) asked clients individuals in their study to list the characteristics of a competent therapist in order of importance. Sure enough, they found that people placed ethnic similarity below that of other characteristics such as educational ability, maturity, gender, personality and attitude. I think this illuminates just how important it is for us to tailor the treatment process to the individual needs and concerns of the client. Is a more holistic approach to psychological treatment of depression the answer? I do wonder whether CBT, the current preferred model of treatment, will soon lose its popularity. The somewhat prescriptive nature of CBT for depression may mean the varying needs of people in our multicultural climate are not being met. Rather than creating new and separate treatment models or services for ethnic minority clients, perhaps we should be embracing ones which encourage clients to lead the treatment. One model I find demonstrates this is the Recovery model. Recovery from mental illness is seen as a personal journey and the unique experiences of each individual are valued and explored (Jacobson Greenley, 2001). Treatment using this model works around helping the client gain hope, a secure base, supportive relationships, empowerment, social inclusion, coping skills, and finding meaning to their experiences. Although used more with individuals experiencing major mental health problems, I think the principles are very inclusive and useful for the treatment of any mental health problem, including depression. Of course, I have only touched upon one model and there are many more which embrace individual differences. Reflective statement As a current trainee on my adult mental health placement, I cannot pretend that I am able to provide an objective nor extensively experienced view. I am also aware that I am at the beginning of my first placement, in a service which very much promotes recovery from mental illness through understanding the individual rather than categorically through their psychiatric label. Whilst this may have had an influence over my stance towards the essay topic, I have witnessed the positive effects in my clinical work of not categorizing people and feel that this has indicated some valid concerns. Upon finishing this essay it came to mind that that the buoyancy of the essay may be a reflection of the ideas and questions I have been grappling with as part of my practice on placement. However, these ideas are by no means a closed deal and I continue to work with them in an applied context. Furthermore, I acknowledge that had I chosen to present this essay assuming that it was the therapist who was a member of an ethnic minority, my essay and conclusions may be very different. How will writing this essay affect my practice as a Trainee Clinical psychologist? I do feel we are in a contentious situation. If we treat people differently according to any issue of diversity we run the risk of perpetuating institutional racism. On the other side of the coin, if we work with everybody in exactly the same way and try and fit people in to Eurocentric systems then we run the risk of ignoring important cultural differences. What I will take from this is the importance of being sensitive to peoples backgrounds and experiences and investigation of what makes them who they are. I will definitely attempt to bring more flexibility, curiosity and receptiveness to my practice and acknowledge when there is a noticeable difference between myself and the client in the therapeutic setting. Conclusion In conclusion, membership of an ethnic minority group may influence the diagnosis and treatment process in how people experience depression, present to services and possibly how they proceed with psychological treatments. If we are to diagnose and treat depression through a Euro centric lens, we should be embracing the use of models which allow for cultural diversity in the diagnosis and treatment of depression. However, as I hope I have demonstrated in my writing, no two people in a therapeutic setting will ever be exactly the same. So how useful is it to continually focus on ethnic differences when they are just one drop in the ocean of diversity? Perhaps instead we need a shift in the dominant discourses surrounding ethnic differences in mental health? The real challenge I think we face is understanding how the identity of the individual contributes to the diagnosis and treatment of depression.