ACC 291 Week 5 Discussion Questions and Responses Essay

ACC 291 Week 5 Discussion Questions and Responses www.paperscholar.com DIRECT LINK TO THIS STUDY GUIDE: http://www.paperscholar.com/acc-291-week-5-discussion-questions-and-responses/ Instantly Download! Get Better Grades in Less Time! 100% Satisfaction Guarantee DESCRIPTION FOR THIS STUDY GUIDE: Week 5: DQ 1: Why are companies required to prepare a statement of cash flows? What are the three sections of the statement of cash flows and what does each section tell you about the operations of a company? DQ 2: Class, the statement of cash flows is the only required financial statement that is not prepared from an adjusted trial balance. What are the sources of information for preparing a statement of cash flows? Explain how†¦show more content†¦ACC 291 Week 5 Discussion Questions and Responses www.paperscholar.com DIRECT LINK TO THIS STUDY GUIDE: http://www.paperscholar.com/acc-291-week-5-discussion-questions-and-responses/ Instantly Download! Get Better Grades in Less Time! 100% Satisfaction Guarantee DESCRIPTION FOR THIS STUDY GUIDE: Week 5: DQ 1: Why are companies required to prepare a statement of cash flows? What are the three sections of the statement of cash flows and what does each section tell you about the operations of a company? DQ 2: Class, the statement of cash flows is the only required financial statement that is not prepared from an adjusted trial balance. What are the sources of information for preparing a statement of cash flows? Explain how the accrual basis of accounting affects the statement of cash flows. DQ3: Horizontal and vertical analyses are analytical tools frequently used to analyze financial statements. What type of information or insights can be obtained by using these two techniques? Explain how the output of horizontal analysis and vertical analysis can be compared to industry averages and/or competitive companies. DQ4: Now that we are nearing the end of this class, tell me what did you find the most and least interesting in this class (this could be subject matter or particular assignments, how the class was facilitated or anything else related to theShow MoreRelatedSupporting the Development of English Literacy in English Language Learners22851 Words   |  92 PagesINTRODUCTION Immigration has brought about significant changes in the U.S. student population. In particular, the number and percentage of immigrants in schools have increased dramatically since 1970. From 1970 to 1995, the number of immigrant children, ages 5 to 20, living in the United States more than doubled, from 3.5 to 8.6 million. As the number grew, immigrant children represented a larger percentage of students in U.S. schools, increasing from 6% in 1970 to 16% in 1995 and 19% in 1997 (Ruiz de VelascoRead MoreExploring Corporate Strategy - Case164366 Words   |  658 Pagesidentiï ¬ ed in the case. There are also over 33 classic cases on the Companion Website. These are a selection of cases from recent editions of the book which remain relevant for teaching. The case studies are intended to serve as a basis for class discussion and not as an illustration of either good or bad management practice. They are not intended to be a comprehensive collection of teaching material. They have bee n chosen (or speciï ¬ cally written) to provide readers with a core of cases which, togetherRead MoreInternational Financial Accounting155754 Words   |  624 Pagestest your knowledge of what you ve studied in quick quizzes We examine your understanding in our exam question bank We reference all the important topics in our full index T E X T BPP s i-Learn and i-Pass products also support this paper. 2457 FOR EXAMS IN DECEMBER 2009 AND JUNE 2010 www.ebooks2000.blogspot.com First edition 2007 Third edition June 2009 ISBN 9780 7517 6364 5 (Previous ISBN 9870 7517 4723 2) British Library Cataloguing-in-Publication Data A catalogue record forRead MoreIncome Taxation Solutions Manual 1 300300 Words   |  1202 Pagescorporation with a value equal to $1,140,000 plus the value of the other assets substituted for the property transferred out. While certain steps could be taken to perhaps alleviate this problem, they are rather complex and beyond the scope of this question (see section 55). However, by tracing the process of moving out the land and building, the student will see the roadblocks that appear. A much simpler approach is to transfer the business assets (inventory, equipment and goodwill) to a separate entity

Performance of Cardboard Carton Forms Free Essays

PERFORMANCE OF CARDBOARD CARTON FORMS Abstract: Cardboard carton forms (void boxes) are commonly used to form the void space between the bottom of grade beams and slabs over expansive soils. However, other than laboratory compression tests and 100% humidity tests, there is little documentation for the actual performance of these boxes in place. This paper summarizes field tests done in an attempt to simulate actual conditions to answer the following questions: †¢ Do the boxes deteriorate at an acceptable rate? Does the wax coating or impregnation and a polyethylene vapor barrier affect deterioration? †¢ Will the boxes fail under heave conditions? Are trapezoidal boxes appropriate and do they perform in an acceptable manner? †¢ Which type of boxes are appropriate in each situation? †¢ What are some of the construction considerations necessary to insure proper function of the boxes? Two configurations of boxes were used: Vertical Cell and Diagonal Type II. We will write a custom essay sample on Performance of Cardboard Carton Forms or any similar topic only for you Order Now Initial Test 1 procedure: It was initially decided to pour a test slab over 4 sets of void boxes. Each box was 4 ft x 4ft x 8 in deep. Concrete was poured on top and all around each box to simulate actual conditions. Four 1 ft x 1 ft steel forms were placed on top of each box for the purpose of loading each box at different intervals to determine if they had deteriorated. All boxes for the first test were vertical cell. Each box was placed with different conditions: †¢ Void box with no poly anywhere †¢ Void box with poly wrapped all around †¢ Void box with poly on top only †¢ Void box with poly on bottom only Test set up with boxes and loading pads Placing concrete over boxes. The procedure was to pour the concrete and test the capacity of the boxes once a week to determine the rate of deterioration. Description of results: †¢ Week 1: Each box was loaded with 200 psf and no deflection was observed †¢ Week 2: Each box was loaded with 400 psf with no deflection †¢ Week 3: Each box was loaded with 400 psf with no deflection. The box with poly on bottom was flooded with water to accelerate deterioration †¢ Week 4: Each box was loaded with 400 psf. The box that had been flooded with water had 3/8† deflection. All the other boxes had no deflection †¢ Week 5: The test pad on the boxes with no poly and the one with poly on bottom were removed to view the boxes. It was discovered that the top of the cardboard had stuck to the concrete causing the cardboard to span across the opening thus giving erroneous information. Both of the boxes appeared to have significant strength but were destroyed in the removal process and could not be tested. †¢ Week 6: The two remaining boxes, the one with poly all around and the one with poly on top had the concrete removed to expose the boxes. The boxes were tested with over 400 psf and still had plenty of capacity with little deterioration. The box with poly wrapped all around had a little water in the box, maybe a cupful, but this did not deteriorate the box. The source of the water is unknown, possibly from when the adjacent box was flooded with water. III. Test 2 Procedure: 1. Two vertical cell boxes with no wax were buried in sand and uncovered after one week to view the rate of deterioration: The boxes and loaded with a 50 pound weight and they immediately. 2. A Vertical Cells beam box with wax and a Diagonal Type Beam Box with wax were buried in sand for one week. The buried boxes were tested by standing on them, there was nominal deflection which indicates the wax has a definite impact on the deterioration rate. 3. Two vertical boxes with wax were buried in sand for three weeks. One was completely covered in poly and the other had no poly. Both boxes showed no appreciable deterioration after three weeks. Since the boxes with no wax failed after one week under the same conditions, it is assumed that the wax and the poly significantly slow deterioration. IV. Test 3 Procedure: Two boxes, one diagonal type box and one vertical cells were wrapped in poly with a cup of water added to simulate a 100% humidity condition. The next day, the vertical box collapsed immediately. The Diagonal box did not collapse Two boxes with no wax were buried in sand Box after one week sitting 50 pound block in middle except on the sides. A box with a capacity of only 200 psf was tested and failed with normal construction loads and therefore, considered not acceptable. V. Summary of Observations From Tests 1-3: 1. Testing the boxes from the top gives unsatisfactory results. . The bottom of the boxes deteriorate first and destroys the glue between the verticals and the bottom on the Vertical boxes. 3. Covering the bottom of the boxes with poly (the top of the sub-grade) slows down or stops the deterioration of the boxes. 4. There is not enough moisture coming out of the slab to deteriorate the boxes. 5. The Diagonal boxes are very weak on the sides and very s trong in the middle. 6. The Diagonal boxes deteriorate slower because of the wax impregnation. 7. Boxes with no wax seem to deteriorate at an acceptable rate. 8. Covering the entire box with poly stopped any deterioration. VI. Initial Conclusions: 1. Boxes should be tested from the bottom, not the top. Since expansive soil heaves, the boxes should be tested from the bottom. The initial deterioration is on the bottom and therefore, the box is weaker when loaded from the bottom. 2. Boxes under the slab should be constructed with no wax if possible. 3. Diagonal Type boxes which are wax impregnated and have strong vertical and diagonal members deteriorate much slower and they possibly stay too strong under slabs. . New tests were devised using waterbeds to load the void boxes from the bottom. Refer to the description of waterbed tests. VII. Test 4: Water Bed Test It was determined by the initial testing procedure that the void boxes need to be tested in place from the bottom. A 25 ft x 37 ft test slab was built with one of the purposes to test the void boxes and another purpose was to test analytical methods of designing flat slabs for houses. Fi ve waterbeds were placed below the sub-grade under the void boxes. One was queen size and four were twin size. Three of the waterbeds had Vertical Boxes with no wax on top of them, one had fully waxed Vertical beam boxes and one had a Diagonal slab box. The purpose of using the waterbeds was an attempt to simulate actual heaving of soil and to test an in place situation on an actual project. The waterbed was buried in the subgrade while constructing the slab. After a period of time, the waterbeds were filled to see if the void boxes collapse or if pressure is exerted on the slab indicating full capacity boxes without deterioration. Steel rods were welded to plates which rested on top of the sub-grade above the waterbed. This rod was sleeved through the slab with pvc pipe. The purpose of these indicator rods was that when the waterbed filled up, if the top of the rod raised up also, the void boxes collapsed. VIII. Results The Water Bed Test: Three weeks after the slab was poured, the waterbeds were filled. All five waterbed indicators rose quickly and to a maximum height of 7 inches. The void boxes were 8 inches deep at these points, therefore, the boxes were fully collapsed. No deflection or distress was observed in the slab therefore, the test was successful. Three of the test were done with a subgrade that had ? nch rain on it the night before placing the concrete. The waxed boxes were placed in a very dry, sandy subgrade in over 100 degree weather, trying to simulate the driest of conditions. Observation holes which were 4 inch in diameter were located to monitor the deterioration of the void boxes. It was observed that for approximately two weeks after the slab was poured, the humidity was very high in the void space with a great deal of heat generated. Slab indicators showing the â€Å"heaving† of the soil and therefore the failure of the boxes IX. Conclusions From Water Bed Tests: 1. After three weeks all boxes had lost enough strength to protect the slab from pressure. 2. After three weeks, even boxes which are waxed will fail adequately. All boxes tested were of the vertical cell type. 3. This test was very successful and the use of waterbeds is an excellent method to test void boxes. X. Test 5: Effect of Integral Retainers and Earth Forming: As published in the Fall, 1997 Proceedings of the Texas Section of The American Society of Civil Engineers, Mr. Robert Davis, P. E. tested trapezoidal void boxes to determine if they fail under construction loads. His conclusion was that trapezoidal boxes of the diagonal type fail when used under a grade beam. We have also seen this in the field and agree with the findings. However, some engineers still use the integral concrete retainers. This test was to determine if earth formed grade beams with trapezoidal boxes and the integral concrete retainers are appropriate. A testing apparatus was constructed to test different box and retainer configurations. The test was constructed to push up from the bottom with highly expansive fat clays below the simulated grade beam. Hydraulic jacks were used under the expansive soil to simulate the heaving of expansive soil. A weight equivalent to 200 psf was applied to the grade beam. The friction of the soil plus the bearing on the end of the concrete retainer caused the box to freely move upward. XI. Project Experience-Performance of Boxes under Grade Beams About the time of our tests, a construction project was completed using diagonal type beam boxes under formed concrete beams. Approximately 1000 feet of grade beams were set up in dry weather and normal conditions. The concrete was placed at inch slump and vibrated. After the forms were removed, it was discovered that approximately 20 percent of the void boxes failed. The contractor was instructed to chip off all excess concrete that invaded the void space which took approximately three days to accomplish. The next 1000 feet of grade beams were set up using vertical cell boxes under the same conditions with the same contractor. No boxes failed on this seco nd pour. View of failed boxes XII. Suggested Procedure for Filling Gaps The weakest point of failure for void boxes is on the ends and especially at the intersection with piers. After experimenting with several methods, I have found that common expandable foam as found in hardware stores works excellent in filling gaps and providing a tight form during construction. I recommend all gaps and holes between boxes and at the intersection with piers be filled with this foam. The cost is nominal for a typical project. Expandable Foam used to fill gaps XIII. Final Conclusions and Recommendations 1. All boxes must have moisture in order to deteriorate properly. Therefore, the boxes should not be completely wrapped in poly which is a common practice of contractors. . The moisture from the subgrade plus the hydration of the concrete appear to provide adequate deterioration of the boxes. The void boxes appear to fail from the bottom to the top. 3. A moisture barrier (polyethylene) should not be used below the boxes because it does not allow deterioration from the subgrade below. 4. A moisture barrier (poly) on top of the boxes may affect the hydration of the concrete a nd therefore the humidity in the void space. This barrier also increases the probability of excessive shrinkage cracks and therefore should not be used for that reason. The question of if this barrier is necessary to prevent moisture migration through the slab and thus affect any floor covering is not a subject of this paper. However, this author has not encountered this problem and therefore, does not recommend placing a vapor barrier on top of the boxes. 5. A layer of ? inch thick masonite should be used on top of all boxes under a slab area. This distributes the concentrated loads due to the rebar bolsters and construction loads. It is our experience that the cardboard cover sheets supplied by the box manufacturers are not adequate for the construction loads. Masonite of less thickness will curl and is not recommended. Plywood or OSB board is not recommended because of termites. 6. Trapezoidal boxes should not be used because the concrete retainers transfer forces from the expanding soil to the concrete beam above. There is also evidence that these boxes fail during construction if they are of the diagonal cell configuration. 7. Expandable foam should be used to fill all gaps between boxes and at pier locations. REFERENCE: www. foundationperformance. org AUTHOR NAME _ DAVID K. ISBELL, P. E. How to cite Performance of Cardboard Carton Forms, Essay examples

Marlon Brando free essay sample

Introduction to Acting Technique 17, February 2012 Biography: Marlin Brando WC: 288 Words â€Å"I don’t stretch my hand out anymore, but I never get tired of waiting for the next magic†(Brando, 1994,p. 468). These words, coming from a man who produced his own magic through his acting while the world watched and waited. As one of the world’s most prolific examples of a â€Å"method actor†, Brando dazzled audiences beginning on the stage and later on the screen. Though his off stage life story trumped any of those he played, we have yet to see another actor who can display the emotion and passion of their characters as Brando did. His performances in The Godfather, On The Waterfront, The Wild One, and earlier and more notably in Tennessee Williams’ A Streetcar Named Desire, displayed to us his excellence and ability (Manso, 1944). From Inception to death Marlin Brando had his ups and downs but nothing was more up then his role as Stanley Kowalski in Streetcar named desire. We will write a custom essay sample on Marlon Brando or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Before auditioning for the part Brando saw success in small productions throughout New York, namely I Remember Mamma (Kanfer, 2008,p. 68). The story is told that in 1947 young Brando set off to Provincetown to meet with Williams for a reading for the part in Streetcar Named Desire, with nothing but a twenty that was lent to him. Before he even left the city he spent the money and was forced to hitchhike, but it is undoubted that Brando left his mark on Williams as he was cast in the play and Williams later said that, â€Å"The reading overwhelmed him†(Kanfer, 2008,p. 9). For his performance, Brando was nominated for an academy award for best actor, and for the next three years for his roles thereafter (Brando, 1994,p. 136). It’s hard to deny that his role in Streetcar named Desire didn’t began his rise to fame and make way to a long illustrious career. Works Cited Brando, Marlon, and Robert Lindsey. Brando: Songs My Mother Taught Me. New York: Random House, 1994. Print. Kanfer, Stefan. Somebody: The Reckless Life and Remarkable Career of Marlon Brando.

The concept of impossibility Essay Example

The concept of impossibility Essay Introduction This essay will dwell in an effort to analyze the philosophy of impossibleness and its operation in relation to contracts. It will look closely at both the construct of initial impossibleness originating from a common error on the portion of both parties as to the province of things before the contract was agreed and the construct of subsequent impossibleness and defeat. The latter trades with a state of affairs whether the parties enter into understanding on footings both express and implied and so a supervening event renders the public presentation of that understanding radically different from that which was envisaged by both parties at the beginning. These subjects will be discussed in greater item in the first subdivision and will run throughout the work. The essay will analyze the construct of nonsubjective and subjective impossibleness, and the regulations associating to dispatch of contractual duties and allotment of hazard. It will look at the state of affairs when either th e capable affair or a thing indispensable for public presentation is destroyed or unavailable, either partly or wholly. It will so look at how the decease or supervening incapacity of a party will impact a personal contract. Towards the latter portion of the essay, it will discourse the jobs that arise when a method of public presentation becomes impossible or a peculiar beginning becomes unavailable. It will reason by looking at the consequence of hold and impermanent impossibleness on a contract. We will write a custom essay sample on The concept of impossibility specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The concept of impossibility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The concept of impossibility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The construct of impossibleness The construct of impossibleness in contract jurisprudence can be split into two distinguishable classs. There are the instances where the parties neer really make a true understanding because they are mistaken as to some component of the contract before the contract is concluded and the instances where the contract becomes impossible to execute subsequent to the understanding holding been reached. By and large talking, in the first case, the contract is null Bachelor of Arts initio and in the 2nd, an otherwise valid contract is brought to an terminal from the point when the impossibleness arises. A basic illustration to exemplify the difference would be a contract for the sale of a auto. If unknown to the parties, the auto had blown up 5 proceedingss before the contract was signed the contract would be null Bachelor of Arts initio, whereas if the auto blew up 5 proceedingss after the contract was signed, the contract would be valid, but brought to an terminal by the fact that its cap able affair no longer existed. Basically the tribunals are connoting into the contract a status case in point that the capable affair exists and is capable of transportation. This construct of implied status case in point has been regarded with considerable agnosticism among observers in visible radiation of the traditional common jurisprudence position that the tribunals should neither do nor amend a deal. The chief job arises when covering with the first type of impossibleness. It is non ever wholly clear how the tribunals will explicate the implied status case in point. Smith and Thomas suggest three possibilities: A impliedly promised B that the thing existed. A impliedly promised B that he had taken sensible attention to determine that the thing existed. A and B proceeded on the common premise, for which neither was more responsible than the other, that the thing existed and its being was a status case in point of the contract.[ 1 ] Which of these options it will be, depends mostly on the comparative agencies of cognition of the parties and whether one is trusting on the other. This will be discussed at length through the class of the work. It besides may be that on proper building of the contract either, or both of the parties have made absolute promises. In that event, the tribunals will non pardon non-performance for either type of impossibleness. There are besides instances where the contract has non become wholly physically or lawfully impossible, but an event has occurred which strikes at the base of the contract so as to thwart its purpose. [ 2 ] This is normally referred to as defeat and it operates as a signifier of subsequent impossibleness. Objective and Subjective Impossibility The contract will hold to be objectively impossible to execute before it is held to be null. The instance of Thornborow v Whitacre( 1705 ) 2 Ld Raym 1164held that a party can non get away liability on the evidences of impossibleness strictly associating to his single ability or fortunes. Neither will he be discharged from his duties merely because he finds the contract peculiarly hard or burdensome to execute: It is non hardship or incommodiousness or stuff loss itself which calls the rule of defeat into play[ 3 ] Subsequent impossibleness will likewise non pardon the parties from public presentation if it was brought approximately by the behavior of one of the parties. The instance of Southern Foundries ( 1926 ) Ltd V Shirlaw [ 1940 ] AC 701 held at 717 per Lord Atkin: †¦conduct of either promiser or promisee which can be said to amount to himself of his ain gesture, conveying about the impossibleness of public presentation is in itself a breach. Clearly, any impossibleness that can be attributed to either party will be considered a breach of contract and the defaulting party will go apt in amendss in the usual manner. Where the impossibleness brought approximately by one of the parties existed at the clip of the contract he is likely to be held to hold warranted possible public presentation of the contract and held to be in breach of that guarantee. As discussed above it is sometimes possible for the tribunals to keep that a party made an absolute promise and hence accepted the hazard of the fact that the contract might be impossible to execute. Whether a contract is considered to be absolute will be a affair of nonsubjective building of the footings of the contract. If the contract is held to be absolute, the party will be held to his public presentation whether or non the impossibleness is his mistake or non. In the instance Paradine V Jane( 1647 ) Aleyn 26a leaseholder was held apt to pay lease even though he had been evicted from the belongings by armed forces during the civil war. A rental is a type of contract that is normally regarded as being objectively absolute without mention to the subjective purposes of the parties. Overall the contract must be objectively impossible to execute, the subjective positions of the parties as to their fortunes and their personal ability to execute the contract will non normally be taken into history. Similarly, if a party is active in conveying about the impossibleness the contract will non be seen as objectively impossible, but as holding been breached. Conversely, some contracts will be held to be objectively absolute and the subjective purposes of the parties in organizing the contract and their degree of mistake in conveying about the impossibleness of public presentation will non be relevant. Destruction of the Subject Matter In the instance ofTaylor V Caldwell( 1863 ) 3 B A ; S 826the claimants granted the suspects the usage of a music hall and gardens for a series of music concerts. After the contract had been concluded, but before the concerts had begun the music hall was destroyed by fire and the concerts could no longer be held at that place. The claimants argued that the suspects were in breach of the contract for neglecting to supply the music hall and sought to retrieve ?58, which they had spent on publicizing the concerts. The tribunals nevertheless held that the contract had become impossible to execute and was hence defeated. Both parties were hence released from their duties under the contract. In coming to this decision Blackburn J referred to the pronouncement of Pothier [ 4 ] saying that: The debitor is freed from duty when the tinkle has perished, neither by his act nor his disregard and before he is in default, unless by some judicial admission he has taken on himself the hazard of the peculiar bad luck which has occurred. He recognises that the civil jurisprudence is non adhering on English Courts, but states that it is a utile index of the rules on which the jurisprudence is grounded. Blackburn J besides refers to a line of authorization affecting bailment. For illustration the instance ofWilliams V LloydW.Jones 179the claimant had delivered a Equus caballus to the suspect on the status that it be returned on petition. Without mistake on the portion of the suspect, the Equus caballus became ill and died and was hence non able to be returned on the petition of the claimant. It was held that bailee was discharged from his promise by the fact that the Equus caballus had died. Blackburn J stated that it was a settled rule of English jurisprudence that in contracts for loans of movables or bailments, if the promise of the bailee or borrower to return the goods becomes impossible because the goods have perished through no mistake of his ain, the bailee is excused from this promise. It is noted that in none of the instances associating to bailment was it expressly agreed that the devastation of the capable affair would let go of either party from their duty, the alibi is by jurisprudence implied [ 5 ] This rule established in Taylor and subsequent instances [ 6 ] is now contained in subdivision 7 of the Sale of Goods Act 1979 Where there is an understanding to sell specific goods and later the goods, without any mistake on the portion of the marketer or purchaser, perish before the hazard passes to the purchaser, the understanding is avoided. Partial Destruction of the Subject Matter It is interesting to observe that the contract in Taylor was for the usage of Surrey Music HallandGardens’ . It was hence lone portion of the capable affair that was destroyed by the fire ; the gardens were still in tact. However, it was held that the devastation of the music hall rendered public presentation of the contract impossible. This implies that when portion of the capable affair is destroyed the tribunals will look into the intent of the contract. If the portion that is destroyed renders that purpose impossible the contract will be held to hold been frustrated by its devastation. Discharge and Rules Governing Hazard As discussed above a contract, which is the topic of a error made by both parties prior to its formation that makes public presentation impossible, will be null ab initio. This is non the instance if the impossibleness arises after the formation of the contract, i.e. the contract is frustrated. In that event, the contract is said to be discharged from the clip when the frustrating event arose. The parties are discharged from any future public presentation without holding to elect that that will be the instance. [ 7 ] Where the nucleus of the contract is the occurrence of some future event and that event is cancelled the clip of defeat will be the clip when the cancellation is announced. In the instance ofKrell V Henry[ 1903 ] 2 KB 740the suspect hired a level on Pall Mall to watch the enthronement emanation of Edward VII, though this intent was non expressed in the contract. The emanation was cancelled before the formation of the contract, but the proclamation was non made until afte r the contract had been agreed. If the contract is dissociable, it may be that lone portion of the contract is frustrated and the other parts remain in force. It seems that even when an full contract of sale is held to be discharged because it has become impossible to present some of the goods, the purchaser can waive’ this and demand bringing of the remainder of the goods. This was the instance in HR A ; S Sainsbury Ltd v Street [ 1972 ] 3 All ER 1127. Supervening events may besides do the suspend the contract without really dispatching it. [ 8 ] Temporary impossibleness will be discussed in greater item in a ulterior subdivision. Furthermore, illegality may thwart a minor duty without dispatching the full contract. The deductions of things like this for a possible philosophy of partial defeat will besides be discussed subsequently. The essay will now travel on to look at who should bear the hazard and therefore the loss of a frustrating event. For a long clip it was thought that the losingss ensuing from the defeat of a contract should lie where they fell. This led to the decision that any money paid before the frustrating event occurred was unrecoverable and conversely any money already due under the contract for services provided was enforceable. In the instance of Chandler V Webster [ 1904 ] 1 KB 493, CA, a room was hired to see the enthronement emanation, the monetary value being collectible instantly. When the emanation was cancelled, ?100 had been paid on history. It was held that the contract was frustrated thereby let go ofing the parties from farther public presentation, but go forthing promises performable before the frustrating event still standing. On the other side a party who had merely partly performed the contract could non retrieve anything for his services even when he had conferred a benefit on the other side. [ 9 ] It is possible nevertheless that a party who, after a frustrating event, takes sensible stairss to protect the other party’s involvement will be entitled to retrieve wage for his outgo on a restitutionary quantum meruit footing. This was the instance in Societe Franco-Tunisienne dArmement V Sidermar SpA [ 1961 ] 2 QB 278 [ 10 ] . Until 1942 it was besides considered that there could be no recovery for entire failure of consideration. This was on the footing that up until the point of defeat the party who had paid any money had the benefit of a executory contractual promise and that was consideration adequate [ 11 ] . However, in the instance of Fibrosa Spolka Akcyjna V Fairbairn Lawson Combe Barbour Ltd [ 1943 ] AC 32 the House of Lords held that a party could retrieve where there had been a entire failure of consideration. This was an betterment on the Chandler place discussed above, but two rule defects in the jurisprudence remained. The first was that the rule merely applied when there was a entire failure of consideration ; where there was a partial failure the claimant could non retrieve anything. [ 12 ] The 2nd defect was that the payee could non put off any outgo that he had incurred in the public presentation of his side of the contract. These defects were rectified by subdivision 1 ( 2 ) of the Law R eform ( Frustrated Contracts ) Act 1943. The subdivision provinces: All amounts paid or collectible to any party in pursuit of the contract before the clip when the parties were so dismissed ( in this Act referred to as the clip of discharge ) shall, in the instance of amounts so paid, be recoverable from him as money received by him for the usage of the party by whom the amounts were paid, and, in the instance of amounts so collectible, cease to be so collectible: Provided that, if the party to whom the amounts were so paid or collectible incurred disbursals before the clip of discharge in, or for the intent of, the public presentation of the contract, the tribunal may, if it considers it merely to make so holding respect to all the fortunes of the instance, let him to retain or, as the instance may be, retrieve the whole or any portion of the amounts so paid or collectible, non being an sum in surplus of the disbursals so incurred. This deals with the defects in the common jurisprudence by saying that monies paid before the frustrating event are recoverable, amounts collectible prior to the clip of discharge cease to be collectible and the payee is entitled to put off disbursals moderately incurred in their public presentation of the contract. Goff and Jones note that whilst the Act does cover in lineation with the lacks of the common jurisprudence it does non wholly decide the issues. [ 13 ] For illustration, the Act does non state what principles the tribunal ought to use to make up ones mind how much the payee is entitled to put off. In the instanceGamerco SA v ICM/Fair Warning Agency Ltd[ 1995 ] 1 WLR 1226Garland J felt that the court’s undertaking was to: †¦do justness in a state of affairs which the parties had neither contemplated nor provided for, and to extenuate the possible abrasiveness of leting all loss to lie where it has fallen. Section 1 ( 2 ) does allow the payee to retrieve or retain more than he has been paid up to the tine of defeat. I.e. for disbursals incurred in outlook of future payment. They may be able to retrieve such outgo under subdivision 1 ( 3 ) , which takes consequence when 1 party has conferred a valuable benefit on the other party ( other than money ) before the clip of discharge. In that event, he will be able to retrieve a merely amount, which shall non transcend the value of the benefit conferred. Robert Goff J held in the instance ofBP V Hunt[ 1979 ] 1 WLR 783that there were two stairss to measuring a claim under subdivision 1 ( 3 ) , the first was placing and valuing the benefit conferred. Goff J held that normally the benefit would be the end merchandise of any services. In some contracts the services were the terminal merchandise themselves, for illustration, a contract for the transit of goods. He held that if the terminal merchandise is destroyed by the frustrating event so no benefit is conferred because the other party does non hold the merchandise either. This reading has been to a great extent criticised as neglecting to give consequence to the purpose of the Act. [ 14 ] This subdivision of the Act was intended to extenuate against the rough effects of the common jurisprudence regulation of entire obligations’ . In the instance ofAppleby and Myers( 1876 ) LR 2 CP 651the claimants contracted to do machinery in the suspects mill and to keep the machinery for two old ages. Payment was upon completion of the work. After portion of the machinery had been erected, a fire destroyed the whole mill and all the machinery. The claimants could non retrieve anything, as they had non completed the work. Goff J’s reading of subdivision 1 ( 3 ) would take to the same consequence. However, this reading has besides been adopted in the Commonwealth [ 15 ] . It does look to harmonize closely with the diction of subdivision 1 ( 3 ) , which draws a differentiation between the public presentation by on party and the benefit conferred on the other. This implies that the claimant must really hold received the benefit of any public presentation on the portion of the suspect before the suspect can retrieve or retain any money. The 2nd measure Goff J laid down was the measuring of a just sum’ . Contractual allotment of hazard will of class be a factor. Goff J thought that it ought to be every bit much as is necessary to forestall the unfair enrichment of the other party. This attack was rejected by the Court of Appeal in the same instance, who merely held that it was in the about unrestricted discretion of the test justice. In decision, the Act is unhappily lacking in its counsel as to the allotment of hazard and loss between the parties to a contract that has been discharged for defeat. It is possible for the parties to apportion the hazards contractually. This is one of the chief grounds that the tribunals have kept a tight reign on the philosophy of defeat. Parties are expected to be able to anticipate the possibility of dramatic monetary value additions and the eruption of labour differences etc. Contracts hence on a regular basis include clauses which allocate the hazard of such an unanticipated event happening. One common illustration is a force majeure clause’ . In the instance ofChannel Island Ferries Ltd V Sealink UK Ltd[ 1988 ] 1 Lloyd’s Rep 323the relevant clause stated: A party shall non be apt in the event of non-fulfilment of any duty originating under this contract by ground of Act of God, disease, work stoppages, Lock-Outs, fire and any accident or incident of any nature beyond the control of the relevant party. The advantages of such clauses are that they provide a grade of certainty and the parties can hold to a wider scope of fortunes than are presently available under the philosophy of defeat. For illustration, an unexpected addition in monetary values is non considered to be a frustrating event, [ 16 ] but it is common in a commercial contract to see a force majeur clause incorporating proviso for abnormal addition in monetary values and wages.’ It besides allows the parties to find their hereafter relationship. The defeat philosophy discharges the contract regardless of the wants of the parties, but they can supply for a continuing, adapted relationship if they so wish. Inaccessibility of the Subject Matter Where both parties are mistaken as to the handiness of the capable affair at the clip of the contract, this may be sufficiently cardinal to avoid the contract. The taking instance on this issue is that ofCourturier V Hastie( 1856 ) 5 HLC 637in which the parties entered into a contract for the sale of a lading of maize, which was believed to be in theodolite from Salonica to England. Unknown to both the parties, the corn’s quality had deteriorated to such an extent that the maestro had sold it. The House of Lords held that the affair turned on the building of the contract reasoning that: The contract obviously imports that there was something which was to be sold at the clip of the contract, and something to be purchased, no such thing bing, †¦ judgement should be given for the defendants.[ 17 ] The exact legal footing for importing this term has been the topic of some argument among observers and will be discussed briefly now. The draughtsmans of subdivision 6 of the Sale of Goods Act 1979 appear to hold interpreted the determination as saying that a error as to the being of the capable affair of the contract necessarily renders it void: 6 Goods which have perished Where there is a contract for the sale of specific goods, and the goods without the cognition of the marketer have perished at the clip when the contract is made, the contract is null. The tribunal in Couturier did non nevertheless advert the word error ; they based their logical thinking on the building of the contract and the fact that there was a entire failure of consideration on the portion of the Sellerss. Lord Denning applied a different reading in the instance ofSolle V Butcher[ 1950 ] 1 KB 671 at 691in which he held that there was an implied status case in point that the contract was capable of public presentation. He reasoned that in Couturier the parties had proceeded on the premise that the goods were capable of being sold, when in fact they were no longer available for sale. Lord Denning’s reading does look to give consequence to the most likely purpose of the parties. However, in the absence of a clear purpose to let go of each other from the understanding if the capable affair is non available, it is non clear when Lord Denning is proposing a term of this nature should be implied into the contract. The 3rd reading is that whether or non the contract will be null, depends on the its building. This was the reading put on Couturier by the High Court of Australia in the instance ofMcRae V Commonwealth Disposals Commission84 C.L.R. 377. The suspects invited stamps for the purchase of an oil oiler described as lying on the Jourmand Reef off Papua, together with its contents, which were stated to be oil. The Claimants won the stamp and spent a considerable sum of money modifying a vas for the salvage work. In a eccentric bend of events it was subsequently discovered that no such oiler had of all time existed. The tribunal held that: The merely proper building of the contract is that it included a promise by the committee that there was a oiler in the place specified. On that building the Commission had assumed the hazard of the oiler non bing. They distinguished Couturier, keeping that this was non a instance in which both parties had entered the contract on a common premise. The Commission had assumed the being of the oiler, but the purchasers had merely relied on their averment. In policy footings there can be small uncertainty that the attack taken in McRae is a sound one and one which ought to be followed by the English tribunals, but its is slightly hard to accommodate with subdivision 6 of the Sale of Goods Act. There is the possible statement that McRae does non fall under subdivision 6 because the oiler had neer existed and hence could non hold perished’ . This differentiation does look slightly unreal and non within the purpose of the tribunal in McRae. If the capable affair becomes unavailable after the contract has been concluded this may besides render the contract frustrated for impossibleness. For illustration in the instance ofBank Line Ltd V Arthur Capel A ; Co[ 1919 ] AC 435a charterparty was held to be frustrated when the ship was requisitioned and so unavailable to the charterer. Impermanent inaccessibility may besides do, but this will be discussed subsequently. Destruction or Inaccessibility of a Thing Essential for Performance Lord Atkin in the instance ofBell v Lever Brothers Ltd[ [ 1932 ] A.C. 161, discussed the fortunes in which 1 might wish to connote a status into the contract. He states that a status derives its efficaciousness from the consent of the parties, express or implied. He supposes a possible term: Unless the facts are or are non of a peculiar nature, or unless an event has or has non happened, the contract is non to take effect. If there are express words in the contract such as a foundation necessity to the existence’ , there need non be any farther question, but when there are no such words the tribunal must look into the fortunes of the understanding to see whether any such status can be implied. Lord Atkin uses the illustration of the hire of a professional singer whose continued wellness would be indispensable to the public presentation of the contract. The instance ofKrell V Henry[ 1903 ] 2 KB 740has been discussed earlier. For present intents it can be described in the undermentioned footings: The contract was for the hire of a room on Pall Mall to watch the enthronement emanation of Edward VII. The capable affair of the contract was the room and that was still in tact. However, the intent of the contract was to watch the emanation and without the emanation the contract was non capable of full public presentation. Vaughn Williams LJ refers in his judgement to the instance ofNickoll v Ashton[ 1901 ] 2 K.B, which is authorization for the proposition: English Law applies the rule non merely to instances where public presentation of the contract becomes impossible by the surcease of being of the thing which is the capable affair of the contract, but besides to instances where the event which renders the contract incapable of public presentation is the surcease or non being of an express status the continued being of which is necessary for the fulfillment of the contract, and indispensable to its performance. This construct was extended in Krell to include a state of affairs in which that peculiar set of fortunes ( the screening of the enthronement ) was non expressly mentioned in the contract. The contract in Krell was, nevertheless a unusual one ; the room was merely hired out by the twenty-four hours, non the dark, and the intent for the contracton bothsides was the screening of the enthronement. It is clear that the peculiar set of fortunes must hold been in the contemplation of the parties and one that they both realised was necessary for the full public presentation of the contract. There is some difference environing the Krell instance. Cheshire and Fifoot point out that the cancellation was likely non in the contemplation of the parties, but with respect to the proposition that the purchaser should be discharged from his duty to pay on cancellation: It is incompatible with the character of a difficult trader to state that the proprietor of the room would hold agreed to this proposal if it had been put to him during negotiations.[ 18 ] It is more likely that the proprietor would hold told the boss that that was a hazard he would hold to take. It seems slightly unreasonable to import to the marketer a province of head which he may good non hold been in had he thought about it. McElroy and Williams, on the other manus say that the contract was impliedly for the hire of rooms to see the procession , the fact that there was no emanation hence amounted to a complete failure of consideration on the portion of the proprietor of the suites, dispatching the boss from his duty to pay. [ 19 ] The fortunes in which Krell will use are highly limited. The set of fortunes, which the parties assume to be go oning, must be the common foundation of the contract. In the instance ofHerne Bay Steamboat Co v Hutton[ 1903 ] 2 KB 683the claimant hired a ship from the suspect to watch the naval reappraisal and for a day’s sail around the fleet. After the contract, the naval reappraisal was cancelled owing to the same unwellness of Edward VII, but the contract was held non to hold been frustrated. This is thought to be because the boss could still see the fleet and the boat had non been hired out by the proprietor for the specific intent of seeing the Naval Review. This meant that seeing the Naval Review was non thecommonintent of the contract and its cancellation was non hence a frustrating event. Therefore interpreted, Krell can be seen as a really narrow determination and as so been distinguished in more recent instances. [ 20 ] The Death of a Person Essential to Performance In the instance ofGalloway v Galloway( 1914 ) 30 TLR 531the suspect thought that his first married woman had died and married the claimant. The suspect and claimant later separated and entered into a title of separation under which the suspect agreed to pay the claimant a hebdomadal amount in care. The suspect so discovered that his first married woman was really alive and stopped paying the care payments to his 2nd married woman. When she sued for recovery of the arrears, it was held that she could non make so as the colony understanding had been entered into under the common error that she had been married to the suspect, when in fact she could non hold lawfully been. Consequence of Death on a Personal Contract Under general contract jurisprudence, the decease of a party will hold no consequence whatsoever on the contract or any of the rights accrued under it. [ 21 ] The personal representatives of the asleep individual are bound to finish public presentation on his behalf, in so far as the estate allows [ 22 ] and they may action for the return side of the understanding. This is non the instance when personal dealingss are the foundation of the contract. In that event, the decease of one or other of the parties, the contract is leading facie discharged. Importantly, the Law Reform ( Frustrated Contracts ) Act 1943 will use in some state of affairss. Where portion of the contract can be severed and those parts of the contract had been performed before the contract was discharged due to the decease of the party, or they were discharged but for payment of an discoverable amount, the tribunals must handle that portion as a separate contract that had non been frustrated. This proviso keeps in tact dissociable duty already performed, but departs from the common jurisprudence refusal to let the recovery of money paid or benefits conferred. [ 23 ] Contrac

Briskly and self-confidently Essay Example

Briskly and self Briskly and self-confidently Essay Briskly and self-confidently Essay He doesnt realise that his little pink light of family happiness is about to be stepped on and soon destroyed. Before Birlings speech ended he was interrupted with a sharp ring of the front door bell. At this stage little do the audience know is, that this man is about to change their lives. With a sharp ring he has timed his entrance correctly and so far he is successful and next he is to teach them all a lesson, a lesson they shall never forget. Before the inspector says a word, Priestley includes a really important stage direction about him. The stage directions are absolutely essential, not only in this play but in every play. A stage direction is important as every direction directs the character and creates a personality and what actions to proceed with. They give every character guidance and how the play is set up. The stage directions give the actor more insight into the character theyre playing and how to portray them to the audience. During this specific stage direction we are told, The inspector needs not to be a big man but he creates at once an impression of massiveness, solidity and purposefulness. Priestley includes this to tell us about the inspectors personality, temper and attitude. It tells us that the character will constantly be taking charge and will be determined to do anything to receive any information necessary. Soon after, Edna introduces the inspector and explains that his name is Inspector Goole. Priestleys technique of using this name signifies to us that Goole sounds like Ghoul a spirit who has a morbid interest in death, a spirit that is said to take fresh life from corpse. Its like this characters existence is due to Eva Smiths death. Priestley also makes us explore even deeper into the situation. Goole is also a small fishing town and this suggests that he is about to fish for information and take as long as it needs which we soon recognise in his methodical line of inquiry. Throughout this stage direction Priestley says, The inspector need not be a big man but he creates an impression of massiveness, solidity and purposefulness. These words states that the inspector grows and remains solid while each of the other characters breaks down as he is becoming more successful. These words tell us that the inspector is here to act as a conscience and take no nonsense and constantly keep taking charge of the conversation. These words give an impression of someone who is both an outsider and omniscient. This makes him appear more mysterious and powerful. Priestley also gives the inspector the ability to unnerve people before he speaks. The inspector makes things happen and allows secrets to be revealed. He controls everyone and their actions. Before he speaks he strongly looks at his victim, letting them know that he is here for a reason and he will break anything that they maybe trying to build. Priestley gives the inspector the power to fish out anything that is required. The stares of his eyes, lets the other characters know that this isnt a man to be contradicted. By the stare of his eyes he lets them know that he will eventually get what he wants. I shall now focus on how the inspector has the ability to interrogate each of his suspects and how he has a methodical way of questioning each of the characters and how he has the ability to receive any information he requires from them by using his economical choice of words. Although I have insignificant time to concentrate on all five characters, but however I shall concentrate in two in detail, which are Mrs Birling and Shelia. He interrogates them one by one in order to complete his mission and stop confusion. The first character I will focus on will be Mrs Birling. As she enters the room she enters briskly and self-confidently, as if she is not going to be broken down. But as she is shown the picture of the girl the inspector straight away realises that the picture has been recognised. Its an organisation to which women in distress can appeal for help in various forms. Isnt that so? At this particular point there was no wealth fare state and so people turned to charities and organisations for help. This is one of the questions that begin to break down Mrs Birling, which she fails to realise. Priestley is getting his own political views across and criticising the government for failing to provide for the less fortunate members of society. Afterwards the inspector asks questions that begin to frustrate and put Mrs Birling under pressure so from this he receives the information by his economical use of questions. As time moves forwards the inspector keeps his victims case under control and massively takes charge as he is constantly being interrupted which tells this family that they will all gain the equal amount of respect no matter who the characters are. At Eva Smiths death we get a glimpse at society at the time through each of the characters. Through the inspector and as Mrs Birling is one of his suspects he is attempting to show his attitude towards human morality and responsibility. He is teaching the audience an important point about society and the different generations attitude towards it. Priestley wanted to express the fact that everybody has a responsibility but some dont face up to it as shown through Mrs Birling. As the inspector, Priestley was trying to show the differences between the older generation and the younger generation. Through Mrs Birling he tells us how she thinks she is more superior to others, a girl of that class, she only had herself to blame. These quotes tell us that Priestley is highlighting that the more superior look down on people as worthless and nothing better to do, and they dont take responsibility for their actions upon others. Priestley uses the technique of cliff-hangers at the end of each scene in order to keep the audience engrossed and full of tension and suspense. At the end of each scene the audience are sitting at the edge of their seats waiting for the curtains to reopen to find out whether or not if the inspector is successful in breaking the faà ¯Ã‚ ¿Ã‚ ½ade between him and this family and find out if they will face up to their responsibilities.

Bluebells of Scotland

Compelled by society’s negative opinion of the trombone, Pryor composed â€Å"Bluebells of Scotland† in order to display the capabilities of the trombone and to emphasize that it could play very difficult pieces. This piece is a little more upbeat and physical than other pieces of the same time period, but what makes this piece particularly unique is that it is the only piece with a high level of difficulty for trombone that was composed in the time of its conception. The piece is intended to be accompanied by an orchestra but can be played with piano accompaniment as well. The characteristics of this piece are very dynamic and free. The expressivity of the piece is left up to the interpretation of the performer which allows for a large amount of freedom and creativity. There are quite a few cadences that allow the performer to take control of tempo and dynamics. â€Å"Bluebells of Scotland† includes both very slow and lyrical passages as well as many very quick and difficult runs, double-tonguing, octave jumps, lips slurs, and a vast amount of high register notes. The introduction of the piece begins with a triumphant cadence peaking at a high register C, which slowly decays into a very lyrical melodic sequence that takes the shape of the original lyrics, which read: â€Å"Oh where, tell me where, is your highland laddie gone? Oh where, tell me where, is your highland laddie gone? He’s gone with streaming banners where noble deeds are done. And it’s oh! in my heart I wish him safe at home. † The piece then moves into a much more difficult technical variation of the original melody and progressively builds in speed until the also very triumphant ending. Around the time the then eighteen or nineteen year old Arthur Pryor composed â€Å"Blue Bells of Scotland†, he had only been playing the slide trombone for three to four years. Pryor was given the slide trombone as a payment to a debt and taught himself to play it fairly quickly. Amazingly, Pryor wrote the piece with the knowledge of only a few slide positions and would use false tones and alternate positions for notes in the fifth, sixth, and seventh positions. Despite this, â€Å"Blue Bells of Scotland† is still one of Pryor’s most memorable pieces and is still widely known today. A few years after composing â€Å"Bluebells of Scotland† he arrived in New York by invitation of John Philip Sousa. After arriving to be in Sousa’s new concert band, Pryor was offered by Frank Holton the position of principle chair trombonist. When Holton left the position, Pryor became the featured soloist of over 10,000 solos as principle trombonist for Sousa’s band. â€Å"Blue Bells of Scotland† serves as a constant reminder of the trombone’s capabilities as a very lyrical instrument and its ability for technical prowess as well. Arthur Pryor inspired interest in the trombone with his virtuoso playing, and â€Å"Bluebells of Scotland† in particular has been a standard of trombone literature for decades and a favorite challenge for advanced players†(Kleiner). The piece will always have a special place in the hearts of all trombonists, both past and future. Works Cited http://www. celticscores. com/sheet-music/628_Blue_Bells_of_Scotland http://bluebellstrilogy. com/blog/2010/05/arthur-pryor-blue-bells-and-trombone/

Talent Development and Capability in Sunny Optical Dissertation

Talent Development and Capability in Sunny Optical - Dissertation Example When the four dimensions of emotional intelligence pursuant to Coleman’s model are examined, the value for talent retention and attraction is obvious. These four dimensions of emotional intelligence are the cornerstone of â€Å"effective primal leadership† (Pahl 2008, p. 8). Leaders will not be able to manage their emotions if they are not aware of their own emotions. As a result, their ability to cope with and manage organization relationships will be compromised. Also tied to self-awareness is self-confidence. A confident leader inspires trust from within the organizations. This is important because, talented employees are more likely to remain with an organization lead by a self-confident leader (Pierce and Newstrom 2002). The self-management dimension of emotional intelligence is also important to talent retention and attraction because it is tied to control of one’s emotions and will likely be accompanied by transparent leadership, the ability to adapt, high achievement, initiative and optimism. What this means is that by being transparent, Wu exhibits key elements of trustworthiness: honesty and integrity. Being able to adapt means that Wu has the necessary ability to adapt to the new labour law and low available talent and to overcome these challenges. Achievement means that Wu has the determination to enhance performance and talent and to meet these objectives. Being possessed of initiative, Wu is ready to act and to take advantage of any opportunity that arises (Pahl 2008). Social awareness is perhaps the most important trait associated with emotional intelligence for resolving the challenges for SO. Social awareness involves empathy and manifests the basic ability to sense and predict the emotions of others and to show understanding and interest... The paper demonstrates how the emotional intelligence is a good way to retain and attract talent and thus if channelled properly. The drive to attract and retain talent is important for the success of any organization. Ultimately, organizations will stand or fall on its talent. The key issues are whether or not Wu and the remainder of the management team at SO are making the correct decisions relative to where to invest finances and human capital and whether or not they have the wherewithal to ensure that the organization is innovative and competitive. This report identifies the challenges for achieving this objective and recommends ways that SO can overcome these challenges to meet its talent retention goals. As a result of the difficulties associated with coming into direct contact with leaders, the following recommendations are made so that SO capitalizes on its CEO’s emotional intelligence for the purpose of retaining and attracting talent. To start with, SO is a knowledge intensive organization with its emphasis on quality products and innovation. Finally and more importantly, as the paper says, Wu should take steps to ensure that he is personally available to his staff so that they can be influenced by his emotional intelligence. It is not enough that he meets weekly with other management. In the meantime, funds and resources should be allocated to training and education so that all staff members will have the opportunity to develop talent.

Psychology Laboratory Report Essay Example | Topics and Well Written Essays - 1500 words

Psychology Laboratory Report - Essay Example Perceptions of body image are of research concern for psychopathologies such as anorexia nervosa and bulimia, amongst both women and men (Fallon & Rozin, 2985). Body-image can be defined as a person's self-concept of their physical appearance (Strickland, 2004). Investigation of the sociocultural differences between genders in body image perception is increasing (Fallon & Rozin, 2985). Fallon and Rozin (1985) report that women tend to weigh themselves more often, are more likely to consider themselves as fat, are more likely to be on a diet, and tend to seek medical assistance with weight issues more frequently, as compared to men. These results, state Fallon and Rozin, may be related to women on average being less satisfied with their appearance than men. Further, studies appear to indicate body image perception in general for women and men is focused on issues of weight (Fallon & Rozin, 1985). Fallon and Rozin cite a study by Gray in 1977 that found women were more likely to consid er themselves overweight as compared to objective measurements, whereas men were likely to perceive themselves as underweight. Gray concluded that across the genders participants misperceived their weight when compared to their own gender, and make judgments about their weight based on standards that do not incorporate the health model (Fallon & Rozin, 1985). An example of such a standard is the perceptions of the ideal body image as judged by the opposite gender (Fallon & Rozin, 1985).Later research supports conclusions that many people experience a discrepancy between their perceptions of an ideal body image and their actual body image (Byrne & Hills, 1996). Sociocultural influences on perceptions of body image may be attributed to media portrayals of the ideal body within a western industrial nation (Fallon & Rozin, 1985). Traditionally targeted at the female form, media portrayals of a body ideal now extend to both women and men (Yang, Gray & Pope, 2005). Fallon and Rozin (1985) found that on average men tended to rate their current, ideal and attractive body-image as very similar. Whereas, women's ideal image tended to weigh less, than both current and attractive ratings. Fallon and Rozin highlighted in their results that perceptions of what the opposite sex consider an ideal body-image are usually wrong. They found that women considered men to desire a slimmer female form as compared to what men reported they liked, and men perceived women to be attracted to a heavier male form than what women reported.Studies have investigated methods to quantify the difference between an individual's perception of ideal and actual body image as a measure of body-image disturbance (Byrne & Hill, 1996). Importantly, it is necessary that such instruments be standardized for the populations they are used for, for example females and males, or differences in age or ethnicity (Byrne & hill, 1996). The Stunkard Body Shape Figure Scale (Stunkard et al., 1980 as cited in Strick land, 2004) is one such scale. The patterns of ranking perceived ideal and actual body image have provided insight into how females or males as a group differ amongst themselves, as well as in

Philip Randolph in civil right movement Essay Example for Free

Philip Randolph in civil right movement Essay Asa Philip Randolph is well known for organizing labor power as well as for leading civil rights movement. 1889 born Randolph was an ardent spokesperson of non violent activism against the American racism which led the improvement of the position of blacks in 20th centaury. He firmly believed that the black progress could be achieved through black working class. He always raised the voice for social justice which paved the way to his political activism. From the college days, he began his mission. When he was in college, he started an employment agency with fellow student Chandler Owen, for those blacks who arrived in New York from South. After graduation, with the influence of W. E. B. Du Bois The Souls of Black Folk, Randolph joined the socialist party and started addressing the crowd about socialism and importance of militant class consciousness. In 1917 he published the first issue of the magazine â€Å"messenger’ which was later termed as one of the most brilliantly edited magazines in the history of American Negro journalism. In 1925, he formed an organization of Brotherhood of sleeping car porters in the wake of refusal of membership of blacks by American Federation Labor . The organization was consisting of those black porters worked for Pullman Company. The Pullman an employer of blacks denied the organization of the blacks in earlier period. There was a case of firing the employees who marched for wage increase and improve working conditions. Randolph as the president of Brotherhood of sleeping car porters laid down a unrelenting and dignified negotiation meetings with Pullman authorities which led the sanction of the first union of black, Brotherhood of sleeping car porters and subsequent wage increase of $2 miilion. Moreover Randolph could achieve a contract of railroad with this particular company in 1937. Randolph moved forward with the motto of complete equality and economic opportunity for blacks’ . He explained his activities as the idea of separatism is harkening to the past and it is undesirable even if it could be realized, because the progess of mankind has been based upon contact and association, upon social, intellectual and cultural contact. (Ebony magazine, 1970)(1) A year after the successful negation with Pullman co. Randolph initiated an action to end the employment discrimination against blacks in the federal government . He put pressure on the President Franklin D. Roosewelt in this matter. Moreover he analyzed the recruitment process of US military for World War II to put an end to racial discrimination. Since all the efforts regarding federal and military hiring turned in vain, he carried out the famous 1941 march to Washington with 50thousand blacks. Consequently Roosevelt issued an order banning discrimination in the defense ministry. Even though the committee established for improving the condition of the blacks, it could not meet the effective means of enacting it. The racial equality had continuously been violated. This pulled Randolph to move ahead with his civil right movement. He founded the League for Nonviolent Civil Disobedience against Military Segregation. He warned the Congressional committee that the black and white youth would be insisted to boycott the military if the condition of racial inequality mitigated. . The march on Washington went on. In 1942, at Detroit conference he called for the strategy and tactics of the people of India with mass civil disobedience and non-cooperation. In 1943, he insisted the delegates to adopt the policy of non-violent good-will direct action. He challenged President Harry Truman to take an effective action in this regard. Finally Truman issued another order to desegregate the military. In 1950’s and 1960’s also Randolph was actively participated in civil rights movement against the racial discrimination. Through march on Washington movement and the civil disobedience movement to end the segregation in military ,Randolph insisted the new generation of civil right activists that the violent protests are no longer a suitable way to attain the goal. It never mobilizes the public pressure. The movement recognized him by referring the chair of the March on Washington in which Martin Luther King Jr. rendered his famous I Have a Dream speech. In 1955, Randolph was elected as a vice president of the AFL-CIO. Asa Philip Randolph was a notable reformer. His vision and commitment is always inspiration for the young generation. Nobody can deny the fact that Randolph’s firm and peaceful strategic ideas are the major factor which ultimately led success of his mission.

Essay --

Tam Kevin Do English AP – Period 4 Ms. Ridley January 6th, 2014 Winter Break Assignment: Of Mice and Men Title: Of Mice and Men Author: John Steinbeck Period/Settings: 1930’s / Soledad, California Narrative Stance / Point of View: Third Person Omniscient Brief Description of Main Characters: George: George is a small man with restless eyes, strong hands, slender arms, and a thin nose. Although he expresses a tense and grumpy attitude most of the time, he never backs away from his duty of protecting his friend, Lennie. Lennie: Lennie, in contrast with George, is a large man with pale eyes, wide shoulders, and a shapeless face. He possesses physical strength of monstrous proportions and he is fond of petting small creatures. Because he usually finds trouble from his words and actions, he allows his partner to do all of the talking for him. Brief Description of Minor Characters: Slim: Slim is a tall skinner who is well known in the business. He is the person to go to when there are conflicts because the rest of the workers view him as the leader. Crooks: A black man who goes by â€Å"stable buck†. He is often alone in the stable due to his skin tone and is isolated from the rest of the men. His name originates from obtaining a crooked back by being kicked by a horse. Candy: An old worker who lost his hand in a farm accident. He has a weak voice and cannot stand up for himself or for others. Carlson: A powerful, big-stomached man who has a short temper when it comes to smelly dogs. Curley: An aggressive son of the boss that owns the ranch. Curley is thin young man who has a brown face, brown eyes, and curly hair. He loves to pick fights on innocent people to boost his ego. Curley’s Wife: She is a character that doesn’t... ...d hit to the blacks. Steinbeck attempts to convey the theme: segregation leads to insecurity and loneliness. Implied in the passage, Crooks had more space than the other men but this space makes up for the isolation between him and the white men. Instead of feeling grateful for have a room for himself, he expresses loneliness because he is not allowed to spend time with the other men. Steinbeck utilizes setting in this passage to parallel the lonely lives of others such as Candy by giving insight to Crooks’ life of abandonment. In addition he uses imagery to depict the simple yet incomplete life of Crooks by mentioning the scattered personal possessions of his. The dominant impression that Steinbeck conveys is that discrimination leads to a life of imprisonment and loneliness. He also exposes a tone of solitude to help reiterate Crooks’ diminishing lifestyle.

Life during the Great Depression Essay

The 1930’s were a time of depression, the Great Depression. The Great Depression lasted from the late 1920’s all through the 30’s. During this period, many people were unemployed, and many families didn’t have much food. When our company told me that they had to let me go I begged them not to. At some point I even thought about jumping from a skyscraper or a bridge like some others did, but I knew it would just give my family more problems to deal with. In this time, many other events occurred in our world, like the Dust Bowl, which lasted until 1936. The mud dried up and turned into dust, and that was the start of The Dust Bowl. Although the dust was bad there still was some good news, some of my farmer friends told me they heard that in California there was gold, so most of the farmers tried to go there. Daily life in the thirties was hard and stressful for everybody. Some of my friends I used to work with came home and their wife yelled at them because they had no job, which made some families fall apart. Most people in the thirties were miserable. The lines for bread were long and they lasted long too, because of the shortage of bread. The jobs were very hard to get especially in 1933, even for me even though I had lots of experience and had a master’s degree in business from Harvard. In 1931, the television was starting to come along and at this time we didn’t realize that in 50 years televisions would be the main entertainment object of the century. Another big hit in the 1930’s was for the whole family to gather around the radio. It was our main way to hear the news, except for going into town, which was a place people didn’t go every day. On May 1st 1931, the world’s tallest building, the Empire State Building, was opened by President Hoover in New York. It was and still is 380 meters high and 102 stories with a solid steel frame. It was an impressive structure for us at this time and to this day it still stands, used and improved. In 1937 the German Hindenburg air ship burned to the ground in less than two minutes by a spark the size of an ant, leaving 33 people killed, 12 people injured, and only 64 people got away not badly hurt. The development of new types of fibers in the early 30’s was finally bearing fruit. In 1937 the Du Pont Company in the USA was able to make nylon stockings for the first time, which became a big hit with the ladies, but they were not yet available in stores to the general public. In the 1930’s there was the first clinical use of Penicillin and insulin was used to control diabetes. In 1932 President Roosevelt was elected, and again re-elected in 1936. Roosevelt built our country’s economy and is known to be one of many people’s favorite presidents. The famous American women pilot, Amelia Earhart, disappeared on a flight around the world in July of 1938. She was two thirds of the way around when her plane was believed to crash in the middle of the Pacific Ocean. She was an inspiration for many of us, especially for the women. The fashion we had in the 1930’s was very different than the fashion today. Women wore long halter topped dresses, lace frocks, negligees, and corsets, while we men wore suits with a matching top hat and over coats. For entertainment we had Shirley Temple, known for her blonde ringlets and her ability to sing and tap dance. She became a favorite celebrity in 1934 and by the end of the year she received an Academy Award, and was declared a favorite for the whole family! By the end of the decade, one of the first color motion pictures was released. Let’s not forget about sports like baseball, where the legendary Babe Ruth entertained our nation. At first the great depression was very tough on the whole nation, but with the great leadership of President Roosevelt and the people’s will power we were able to rebuild our economy.

Coke & Pepsi in india Essay

Q1) Identify the issues that are going on in this case with respect to issues management, crisis management, global business ethics, and stakeholder management. Rank these in terms of their order of priorities for Coca-Cola and PepsiCo. Q 2) Evaluate the corporate social responsibility (CSR) of Coke and Pepsi in India. Q 3) Are these companies ignoring their responsibilities in India? Or is something else at work? Q 4) why does it seem that Coke has become a larger and more frequent target than Pepsi in India? Did having and Indian born CEO help Pepsi’s case? Q5. How do companies protect themselves against non-stop allegations from special interest groups that have made them a target? Q 6) What should the companies have done differently in 2003 to address the water allegations? What should the company now do as it moves forward? Q 7) what lessons does this case present for MNC’s doing business in the global marketplace? The following lessons can be learned from this case for MNC’s doing business in the global marketplace: Coke & Pepsi in India Q1) Identify the issues that are going on in this case with respect to issues management, crisis management, global business ethics, and stakeholder management. Rank these in terms of their order of priorities for Coca-Cola and PepsiCo. Q 2) Evaluate the corporate social responsibility (CSR) of Coke and Pepsi in India. Q 3) Are these companies ignoring their responsibilities in India? Or is something else at work? Q 4) why does it seem that Coke has become a larger and more frequent target than Pepsi in India? Did having and Indian born CEO help Pepsi’s case? Q5. How do companies protect themselves against non-stop allegations from special interest groups that have made them a target? Q 6) What should the companies have done differently in 2003 to address the water allegations? What should the company now do as it moves forward? Q 7) what lessons does this case present for MNC’s doing business in the global marketplace? The following lessons can be learned from this case for MNC’s doing business in the global marketplace: Coke & Pepsi in India Q1) Identify the issues that are going on in this case with respect to issues management, crisis management, global business ethics, and stakeholder management. Rank these in terms of their order of priorities for Coca-Cola and PepsiCo. Q 2) Evaluate the corporate social responsibility (CSR) of Coke and Pepsi in India. Q 3) Are these companies ignoring their responsibilities in India? Or is something else at work? Q 4) why does it seem that Coke has become a larger and more frequent target than Pepsi in India? Did having and Indian born CEO help Pepsi’s case? Q5. How do companies protect themselves against non-stop allegations from special interest groups that have made them a target? Q 6) What should the companies have done differently in 2003 to address the water allegations? What should the company now do as it moves forward? Q 7) what lessons does this case present for MNC’s doing business in the global marketplace? The following lessons can be learned from this case for MNC’s doing business in the global marketplace: Coke & Pepsi in India Q1) Identify the issues that are going on in this case with respect to issues management, crisis management, global business ethics, and stakeholder management. Rank these in terms of their order of priorities for Coca-Cola and PepsiCo. Q 2) Evaluate the corporate social responsibility (CSR) of Coke and Pepsi in India. Q 3) Are these companies ignoring their responsibilities in India? Or is something else at work? Q 4) why does it seem that Coke has become a larger and more frequent target than Pepsi in India? Did having and Indian born CEO help Pepsi’s case? Q5. How do companies protect themselves against non-stop allegations from special interest groups that have made them a target? Q 6) What should the companies have done differently in 2003 to address the water allegations? What should the company now do as it moves forward? Q 7) what lessons does this case present for MNC’s doing business in the global marketplace? The following lessons can be learned from this case for MNC’s doing business in the global marketplace:

Big Brothers Big Mouth Essays

Big Brothers Big Mouth Essays Big Brothers Big Mouth Paper Big Brothers Big Mouth Paper This would mean that its audience are socially diverse, open-minded, and slightly merciless. This is reflected by the increasing diversity of housemates (i. e. tourettes sufferer Pete), the increasingly shocking events taking place and the vindictive and merciless competitiveness of the programme. Big Brother is the perfect example of cultivation theory, that is, through repeated exposure to former taboo subjects and issues the audience has become desensitised and almost view such issues as normal or acceptable. This is one reason why Big Brother has become one of the phenomenons of the 21st century; because our society has become so much more diverse and accepting Big Brother is allowed to flourish where as if it had been shown during the 1950s for example, it would have been met with disgust and uproar. Even today Big Brother often stirs up controversy but in an era in which controversy is almost the norm, it is just something to read about in newspapers, and perhaps argue about with friends. Another important consideration is Big Brothers target audience which is extremely diverse; its primary audience is 18 to 35 year olds, of both genders. This is reflected by the housemates who fit into this category themselves, which is important in order for the audience to be able to relate to the them. I would consider the target lifestyle to be mainly aspirers. This is because Big Brother is essentially a shortcut to fame, with only a very select few making it onto the programme. Therefore the people watching Big Brother aspire to the housemates an the supposed fame that awaits them. I also believe that Big Brother appeals to explorers due to the fact that it is such a revolutionary show. I t offers something that no other genre offers, which satisfies explorers want for new experiences. As for the Uses and Gratifications theory, Big Brother offers its audience a form of escapism, social identify, and a reflection of social relationships. The audience find an escape from their own problems and worries through the exaggerated and dramatised ones of the Big Brother housemates. It is also an extremely unlikely situation, giving its audience a temporary escape from reality. Due to the fact that Big Brother is based on social interaction of the housemates it is a reflection of social relationships. Much of the public can relate to the relationships between characters, e. g. the romance between Grace and Mikey. These relationships often reflect the audiences own social relationships making it interesting and often informative viewing. The diversity of the Big Brother house ensures that it is extremely likely that there is at least one character in the house that the audience can relate and feel a connection to. This social identity is an important factor, as everyone wants to feel that they can relate to another person or group; the need for acceptance is a key part of human nature. Big Brother recognise this need and addresses it with its uniquely diverse household. The ideology promoted by Big Brother is a shallow one, with the importance of fame, popularity, and winning being either embedded or promoted by the housemates. It implies that society is based on competition, and that personal relationships can be used as a tool to get what you want. These ideologies have prompted much criticism from the media. However, the institution behind Big Brother, Endamol, will continue with its controversial winning formula so long as it keeps audience figures up. This is because Endamol is a major commercial institution meaning that its main priority is profit. It is behind many other successful TV productions such as Desperate Housewives and Lost. The popularity of Big Brother has resulted in it branching off into a mini-subculture with supporting programmes such as Big Brothers Big Mouth, Big Brothers Little Brother and Diary Room Uncut. It has even got its very own column or page in most tabloid newspapers dedicated the happenings inside the Big Brother house. This reflects the amazing popularity and influence Big Brother holds in todays society, the key to its success? It is a reflection of society and we as a race are constantly trying to analyse and explain our own behaviour, Big Brother is essentially a glass cage in which we can curiously peer.

Mediation process Essay Example | Topics and Well Written Essays - 250 words

Mediation process - Essay Example Mediation, however, has evolved from its North American origins as an organizational development instrument to international use as an alternative dispute resolution method as it offers a less-costly alternative to court proceedings. The increasing complexity of the mediation process is compounded by the fact that parties involved even the mediator can come from different cultures. Avruch and Black (1993) notes that most cases of mediation processes has the mediator failing in considering cultural differences as they are inclined to adhere to the supposed notion that there are universally acceptable models of mediation. The pervading view among mediator scholars is that there is a tendency to adapt a superficial view of culture as behavioral stereotype wherein different ethnic groups can be managed with proper etiquette and tolerance. Nonetheless, there is an increasing literature that shows that multiculturalist perspectives have great impact on the mediation process. This paper aims at looking into the incorporation of multiculturalism in the mediation process. I will be looking at how culture can affect the conflict resolution process and identify how multiculturalism can be used in the mediation process.

Ottomans Essay Example | Topics and Well Written Essays - 1500 words

Ottomans - Essay Example The Turks conquered the Byzantine city Bilecik in the year 1299. Subsequently, several other cities, villages and forts in Byzantium were conquered by these warriors. These developments took place, in the earlier years of the 1300s. In addition, several of the Turkish principalities and tribes were also annexed (Parry 65). As such, the origin of the Ottoman dates back to the year 1299, when it evolved from a frontier principality of Anatolia. In the years that followed, it emerged as an important empire of the world. Its territory extended from Eastern Europe and the Arabian Peninsula to North Africa, in the sixteenth century. Thereafter, it underwent a gradual decline and was extinguished in the year 1922 (Gocek 3). This was due to the formation of Turkey on its central lands. The merging of western influences with the extant social structure resulted in a divided bourgeois. This brought about fragmentation of its bureaucratic and commercial classes, which in turn resulted in the decline of the Ottoman Empire (Gocek 3).Kosovo was under the control of Serbia for different spells of varying duration, until a final defeat in the year 1455. Thereafter, both these nations became Turkish allies and part of the Ottoman Empire (What is History of Kosovo). Subsequently, Bayezid II became the Ottoman Sultan in the year 1481. He continued in his father’s footsteps, by promoting both eastern and western culture. This was in distinct contradiction to the practices of the other Sultans. In addition, Bayezid II spared no pains in his efforts to have a smooth political culture in the nation. This earned him the well – deserved sobriquet of the Just (Bayezid II). The empire of the Seljuk Turks was undergoing a systematic breakdown. The outcome was the emergence of several Turkish states in Asia Minor. The Ottoman state had its humble beginnings in

Performance and Reward Management Assignment Example | Topics and Well Written Essays - 3000 words

Performance and Reward Management - Assignment Example The above issue is critically discussed in this paper. Reference is made particularly to the potential decrease of the payroll costs without the corporate plans to be affected. The reward practices, as a tool for supporting employee motivation, are analytically explained because of their high contribution in the increase of payroll costs. Particular emphasis is given on the problematic relations between the reward policies and practices since the above problems can negatively affect the payroll costs of organizations. A series of studies related to the issues under discussion have been studied. It is made clear that the limitation of payroll costs, as a strategic target of firms in different industries, is feasible; however, it is not clear whether the above finding involves in all organizations or whether there are organizations where the limitation of payroll costs is more difficult – especially when the need for increased profits, even in the short term is high and the limi tation of payroll costs would negatively affect such effort. In any case, the decrease of payroll costs should be adopted by all organizations, which are interested in establishing a long-term growth. The use of specific strategies, as indicatively suggested below, could help these firms to be protected from failures in their plans, as a potential consequence of the limitation of payroll costs across their departments. 2. Reward policies – role and forms In everyday business practice, the term ‘reward’ is used instead of the terms ‘salary’ and ‘wages’ (Cowling et al. 1998, p.173). In other words, the particular term is used in order to show all the potential benefits of an employee from his work in a specific organization. Moreover, the term reward can include both the monetary and the non-monetary benefits of employee in the workplace (Cowling et al. 1998, p.173). It should be noted that reward, as described previously, is part of a gre ater framework, the reward system, which has specific structure and rules as explained below. Moreover, in the context described above, reward can affect the payroll system of each organization (which under these terms is considered equal to the reward system). For this reason, the evaluation of the potential limitation of the payroll costs of a particular organization requires the reference to the reward system of the specific organization. The reward system of each organization can be differentiated, in accordance with the organizational culture and goals but also with the resources available for the realization of the relevant plans. In accordance with Armstrong (2007) the reward system established in modern organizations is likely to include a series of policies and practices, as for example: a) a reward strategy including the future plans of the organization regarding the payroll of employees, b) a reward strategy that refers to the terms on which the payment of employees in va rious organizational departments is based – compared to the average salary of employments within the same industrial sector; the particular strategy needs to be based on the relevant provisions of the law – referring both to the type of the reward given to each employee but also to the level of the reward, c) a reward practice referring to the techniques used for estimating the effectiveness of job evaluation techniques – as developed within the local or the international

Improving your cardiovascular endurance Essay Example | Topics and Well Written Essays - 750 words

Improving your cardiovascular endurance - Essay Example There are also other factors that lead to cardiovascular diseases such as obesity, high blood pressure, smoking, and abnormal values of blood lipids. Nonetheless, research shows that the risks factors mentioned could be reduced. Additionally, reducing factors mentioned above decreases chances of having cardiovascular disorders. Other cardiac causative disorders such as stroke can also be minimized by avowing sedentary lifestyle (Myers, 2003). Regular exercise is one favorable way of curbing risks that lead to cardiovascular disorders. Weight reduction can be done by performing regular exercise. As such, regular exercise reduces blood pressure because bad cholesterol is minimized in the blood. Diabetic patient have found exercise as the most effective way of improving their lifestyle. Regular exercise to them is a sure way because it affects the body’s ability to make use of insulin in controlling glucose in the blood (Myers, 2003). Exercise is beneficial to many of us in many ways; some include physiological and health benefits. One of these benefits is the improvement in functionality of muscles. Additionally, physiological benefits of exercise improve the ability of the body’s to take in and make use of oxygen. An individual benefits from such because the ability to take in oxygen and use it improves, as such, the person can perform regular activities without getting tired (Silberman, 2015). Cardiovascular endurance is important for our physical fitness. In this regard, it refers to a capability of the heart to perform better or the strength of the heart. The heart plays a significant role in the body. Therefore, it is important to keep it healthy in order to avoid diseases associated with heart mentioned earlier in this paper. Additionally, cardiovascular endurance is important in the sense that the heart function is to pump the blood to all parts of the body. Also, it controls the circulation

Network Attacks in Real Time Scenario Over Campus Network

Network Attacks in Real Time Scenario Over Campus Network Amit Mahajan* Vibhakar Mansotra** ABSTRACT This paper presents study of attacks in real time scenario over the campus network. The attacks were monitored over a time and analyses were made. The paper discusses about the dependency over the IDS/IPS signatures and proposes for a solution which records the events with raw traffic and visualizes the traffic to give better understanding of the behavior of the traffic flow over the network. Keywords: UTM, Attacks, Visualization, Afterglow, tcpdump. I INTRODUCTION Networks have been under attack from the time Internet came into existence. There is consistently some lack of determination connected with the effect of these attacks. In the present situation of PC innovation, any institution can have enormous machine frameworks of distinctive natures. With the advancement of technology, Organizations have started facing difficulties due to different types of computer viruses and attacks. This resulted in tremendous loss of the internal assets like data and utility of time. Thus there is an urgent need to study these attacks and network breaches by means of which one will be able to devise preventive measures and thereby protect the internal assets. In view of the above objectives one has to understand the networks and how they expand widely. Also one has to understand the attacks and breaches. Mostly the internet is one of the sources of the viruses and attacks but quite often the local network is also a major source of threats for campus networks. Generally administrators and organizations safe guard their networks from outside threats but the internal attacks and breaches are very crucial. The IDS/IPS ( ) are installed over the gateway level to scan the outgoing and incoming traffic. Where these kind of mechanism to study the behavior of internal attacks is vague. One is very much interested in knowing the kind of traffic flow, and its identification etc in the network. This kind of approach will help the user community to adopt preventive measures or in other words one has obtain a solution by studying the internal attacks and network breaches and thereby how to minimize and protect the internal assets . Analysis of the netw ork can be used as a tool to scan the network traffic. The behavior of the network may be understood through penetration tools, simulations etc. Alternatively a tool like IPS having capability of network behavior analysis also can be of great help in understanding the problem. SURVEY OF WORK Asmaa Shaker Ashoor and Sharad Gore in their research differentiated the Intrusion Detection System and Intrusion Prevention System (IDS/IPS) technology which is used in the computer networks. They compare the stability, performance and accuracy wise result of IDS and IPS. They highlighted that the major difference between the IDS / IPS is among their deployments over the network. IDS technology works on out band system which means it is not lined with the network path but IPS technology works on in-line with the system, means it can pass through in between the devices in real time. Jared Holsopple, Shanchieh Jay Yang, and Moises Sudit discusses about the Present run-through for fighting cyber-attacks which are typically used by the Intrusion Detection Sensors (IDS) to inactively detect and block multi-stage attacks. The algorithm, TANDI, helps in reducing the problem difficulty by separating the simulations of the attacker’s capability and opportunity and thus fuses the two to determine the attackers intent. The results of the research demonstrate that the algorithm TANDI predicts that the future attack action precisely as long as it is not a coordinated attack and which contains no internal threats. In the presence of the malicious attack events, the algorithm TANDI, will give alarm to the network analyst for further analysis. This can be further analysed with the help of simulation. Nilima R. Patil and Nitin N. Patil in their paper discussed about the importance of attack graph to check the possible attacks in the network. Using attack graph, analysis can be done effectively. This helps the administrators to further analyze the attack graphs deeply to know where their system weaknesses lie. Accordingly help them to decide what kind of security measures can be opted for effective deployment. They study different ways to analyse attack graphs and to provide future scope for research on these attack graphs. Rosslin John Robbles, Tai-hoon Kim, Seung Lee in their paper have shown that a second level in addition to access control intrusion confinement can dramatically enhance the security especially integrity and availability of a system in many situation. It showed that intrusion confinement can effectively resolve the conflicting design goals of an intrusion detection system by achieving both a high rate of detection and a low rate of errors. Developing a more concrete isolation protocols will further be studied in the future research. Meera Gandhi and S.K Srivastava in their paper highlighted the importance of Intrusion detection in business sector and in active area of research. They describe IDS as important tool for information security. An IDS is intended to identify and fight with some common attacks over the network systems. In such systems log displays the list of attacks to the administrator for ambiguous action. This system works as an observant device in the event of attacks directed towards an entire network. In the light of the above available information a need has been felt to undertake similar type of work in the University of Jammu as well. This will help in study of attacks received by the network of the campus. The network is setup on optical fiber backbone with around 100 distributed switches across the campus. Which also has WI- FI wireless Connectivity with access points around 200 approx. Such an ICT facility available over the network is plays an important role in helping the students, researches, teacher and staff. The number of users in the UOJ campus network appxo 3000. Thus the analysis of the attacks is taken up in this campus. II EXPERIMENTAL SETUP USING UTM University of Jammu is one of the pioneer higher educational institutes in the state of Jammu and Kashmir, India. Whose vision is to be an internationally competitive academic and research institution? To achieve University of Jammu has lot of focus on the information technology. In 2003 university started its initiatives to be an IT enabled university by setting up a university campus network on optical fiber backbone. Later this network was further converged with Jammu University JU Wi-Fi. This facility is playing a very crucial role in order to help the students, teachers, researchers and administrative staff to use the ICT facilities available over the network. University of Jammu is having huge internet bandwidth connectivity’s to cater the needs of the university fraternity. This internet bandwidth connectivity’s constantly keeps on upgrading from time to time. At present university is having 40 mbps Internet bandwidth 1:1 OPTICAL FIBER lease line from reliance an d 1 Giga optical fiber connectivity from National Knowledge Network. Students, researchers and teaching faculty are able to access the scholarly contents online from any location within the campus. There are around 37 departments comprising of teaching and centers other than administrative blocks which are connected through this optical fiber back bone network. All the three girls and boys hostels are also connected through the optical fiber backbone. There are around 100 distributed switches (Cisco and Dlink) and approx. 200 indoor wireless access points (Linksys and Dlink) and 18 outdoor access points (Dlink) which are installed at the various locations of these departments / blocks of the university. All the equipment’s are connected through optical fiber backbone to the control room campus network of the university with Cisco catalyst switches 4507R, 4506. In order to maintain such vast network and ICT Facilities University has deployed a UTM device in the network. This UTM device helps the university it administrators to maintain the university campus network more efficiently. UTM installed at the university is a product from world’s top IT security company Cyberoam. This UTM is installed almost all the major academic institutes of the country. The UTM device has multiple solutions in a single box. It comprises of load balancing of internet bandwidths, Antivirus and anti-spam scanning at the gate way level, User identity based firewall rules, gateway level IDS and IPS scanning and AAA authentications etc. This UTM device is installed between the ISPS Routers and Cisco catalyst switches so that the whole traffic gets scanned through the UTM device. All the policies are applied on the firewall rules as per the requirement of the University network. Figure: 1 UTM Deployment in Gateway Mode With the increase in the University network and ICT facilities over this network, it is observed that the ratio of attacks also gets increased. These attacks reduce the performance of the University Network and other ICT facilities available. Thus to study the kind of attacks, their significance and a solution how to reduce them is proposed in this paper. UTM device installed in the University network is considered for collecting the IPS attacks data. Since it has the ability to produce the Attack reports, this will help the University IT administrators to see the trend of the attacks how they are generating and affecting the system. The critical IPS attacks will be studied over a time to find the patterns of the attacks and their significance over the network applications and ports to which they are associated. This study will help the university and other institutes which are using the same UTM to fine-tune the rules and other parameters so that network bandwidth and other services performance does not get affected with the attacks and users of the ICT facilities should have performance oriented service. III DATA COLLECTION AND ANALYSIS USING UTM As described in the previous about the network system university campus. The information on the number of IPS attacks has been collected since 1 July -2013 to 2-dec -2013 (22 weeks). The total number of attacks is 1301567. Out of these the type of attacks having frequency more than approx 100 is 1299646 lakh. These 13 lakh IPS attacks have been classified into 5 categories broadly example HTTP/ HTTPS, ICMP, UDP, FTP, TCP based on the signatures. The display of the number of IPS attacks belonging to each category is shown in figure-2: Figure -2 Classifications of Attacks Out of the above 13 lakh of the attacks the top 14 critical attacks from the five major categories have been identified to 162810 by the IPS and them display is shown in figure-3: From the figure-3 it may be noted that the prominent attack having a frequency greater than equal to 4.38% are 6 types (responses 403 forbidden type is 45.62% , 17.38 % web misc handler access 8.57 % is https/ssl renegotion , 7.38% web php , 7.34% web cgi count , 4.38% info ftp bad login) . While rest of the 16 attacks less than 10 % are having very small frequencies. The percentage of attacks each of the 22 weeks is shown in the bar diagrams in figure series: Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week7 Week 8 Week 9 Week 10 Week 11 Week 12 Week13 Week 14 Week15 Week 16 Week 17 Week 18 Week 19 Week 20 Week 21 Week 22 Out of 22 weeks, the percentage of Attack Responses 403 Forbidden is the most dominant one. Forbidden attack response is the highest attacks with 45.62% overall in the 22 weeks, this incidence is generated when a 403 error response code is returned to a client by a web server, which indicates that an effort is made to take an unauthorized access to a web server or an application running on a web server. The 400 series error messages indicate an error on the part of the browser client making the request to a web server. The 403 response shows a request for a forbidden resource which cannot be gain access to even with authentication identifications. Many events can show a determined effort to exploit vulnerability on the victim’s server. Certain applications do not perform strict checks when confirming the credentials of a client host linking to the services offered on a host server. It can lead to an unauthorized access and probably escalated rights to that of the administrator. Information stored on the machine will be compromised and trust relationships established between the victim server and the other hosts that can be exploited by an attacker. In such Attack Scenarios; attacker can access the authentication mechanism and provide his/her own credentials to gain access. On the other hand the attacker can exploit the weaknesses to gain the administrator access without any exploit code.While the other prominent attacks are:- ICMP trace route: This attack is generated when a Windows trace route (tracert) is detected. A trace route is be used to discover live hosts and network topologies. A Windows trace route command uses an ICMP echo request with a lower than normal Time to Live (TTL) value to identify live hosts and network topologies. Web- MISC handler Attacks: this attack is generated when an attempt is made to exploit a known vulnerability on a web server or a web application resident on a web server. The other attack which has very high severity level is the SNMP attack. From the figure- 4 shown below , it is noted that there is a peak in the number of attacks in the 8th (19-0ct-2013 and 9th week).It may be noted that this peak is due to SNMP attack responded by UDP with application whose activity is pronounced. Figure: 4 shows16 different types of attacks out of 22 attacks per week are shown Figure –5 different types of major attacks per week Figure: 5 Shows 16 different types of attacks out of 22 attacks per week are shown over the entire period. Of these 6 are found to be more conspicuous: ATTACK-RESPONSES 403 Forbidden (ATK-RES403F) 71067, ICMP trace route (29205), WEB-MISC handler access (13959), SNMP request UDP (11954), SNMP public access UDP (11952), HTTPS/SSL Renegotiation DoS (7062) IV FRAME WORK FOR EVALUATION AT THE GATEWEY LEVEL TO STUDY THE ATTACKS USING RAW PACKETS GENERATED BY THE NETWORK To study the attacks more affectively, a frame work was deployed using open source software like Ubuntu, tcpdump with visualizing software like afterglow to capture real time at the core switch. This will help to monitor and analyze the network traffic in real time scenario. Data was evaluated for two hundred thousand packets captured using tcpdump –nnelr data.pcap l wc –l at the root. This will capture the raw traffic for two hundred thousand packets for data analysis and visualization. The data captured by the tcpdump will be converted to a csv file with all fields. Tcpdump-vttttnnelr ju.pcap|./tcpdump2csv.pltimestamp sourcemac destmac sip dip sport dport flags len proto ttl id offset tos ipflags > ju.csv. The Csv file is then exported to Mysql database. load data infile ’ju.csv’ into table analysis fields terminated by ’,’ lines terminated by ’n’ (timestamp, sourcemac, destmac, sourceip, destip, sourceport, destport, proto, tcpflags, length, ttl, ipid, iptos, ipflags, offset); Further, ju.csv file was converted to dot file, which was converted to png file. tcpdump -vttttnnelr Ju.pcap |./tcpdump2csv.pl|./afterglow.pl-c color.properties > Ju.dot Cat Ju.dot | neato -Tpng –o Ju.png Figure 6 shows Whole Traffic captured for network Figure-6 shows that the outgoing traffic is greater than incoming traffic, which states that traffic is compromised. Therefore there is need to identify the port 80 traffic and identify the machines which are compromised. From figure 7 we identify visually that the out traffic on port 80 is very high. Therefore, needs to identify machines which are compromised. Figure 7 shows the out going traffic of port 80 Figure -8 shows ATTACK from IP 192.176.2.25 Figure-8 Shows visualization of machine with IP 192.176.2 25 that is connected over the network which is compromised and sending malicious traffic outside. This helps the administrators to identify the machine irrespective of any signatures within the IPS database. Similarly other machines can be identified. V CONCLUSION AND FUTURE SCOPE IDS/ IPS are installed in almost every organization but they are designed to work on signatures. To study attacks which exist other than signatures, we need to further do the analysis through the frame work created with high end hardware which is required to capture and analyze the traffic for longer duration. So that fine tuning of the IDS/IPS as per the campus network requirement will be done to further increase the network performance. VI REFERENCES [1] Paxson. Bro: A System for Detecting Network Intruders in Real- Time. In Computer Networks, volume 31 (23– 24), pages 2435–2463, 1999 [2] G. Stein, B. Chen, A.S. Wu, and K.A. Hua, â€Å"Decision Tree Classifier for Network Intrusion Detection with GA- Based Feature Selection,† Proc. 43rd ACM Southeast Regional Conf.—Volume 2, Mar. 2005. [3] Schwartz, Matthew, â€Å"Beyond Firewalls and IPS: Monitoring Network Behavior.† February 2006, available on http://esj.com/articles/2006/02/07/beyond- Firewalls-and-ips-monitoring-networkbehavior.aspx [4] S. J. Yang, J. Holsopple, and M. Sudit, â€Å"Evaluating Threat Assessment for Multi-stage Cyber Attacks,† in Proceedings of IEEE MILCOM: 2nd IEEE Workshop on Situation Management (SIMA), Washington, DC, Oct 23-25, 2006 [5] Z. Yu and J. Tsai, â€Å"An efficient intrusion detection system using a boosting-based learning algorithm†. International Journal of Computer Applications in Technology, Vol. 27 (4), 2007, 223-231. [6] Meera Gandhi, S.K.Srivatsa â€Å"Detecting and preventing Attacks using network intrusion detection systems† International Journal of Computer Science and Security, Volume (2) : Issue (1) June 2009 [7] Asmaa Shaker Ashoor, Prof. Sharad Gore, â€Å"Intrusion Detection System (IDS) Intrusion Prevention System (IPS): Case Study†. International Journal of Scientific Engineering Research Volume 2, Issue 7, July-2011 [8] Rosslin John Robles, Tai-hoon Kim,SeungLee,† A Study on Intrusion Confinement for Internal Network†, Journal of Security Engineering), vol.5issue no1, P73, 2008 [9] Patil, Nilima R.; Patil, Nitin N, † A comparative study of network vulnerability analysis using attack graph† World Journal of Science Technology; 2012, Vol. 2 Issue 3, p91 *University of Jammu, e-mail id :[emailprotected] , **University of Jammu, email id: [emailprotected] 1