Journal article Essay Example | Topics and Well Written Essays - 2000 words

Journal article - Essay Example reasing workloads and time constraints, many of the functions solely performed by radiologists are now being performed by radiographers, leading to increased medical malpractice claims. Hence the specific objectives associated with this study are as follows: Since the introduction of the new NHS Plan in 2000, based upon reforms in the way the staff of the NHS worked, nurses and staff members were allowed to extend their roles beyond their traditional boundaries, in the expectation that it would make care more patient centred. Greater workforce flexibility and a team approach have contributed towards the provision of a high quality patient service (Woodford, 2006). The availability of skilled radiologists is limited, but financial constraints, increases in workloads and financial imperatives in the NHS have mandated a transfer of some of the functions of the radiologist to radiographers (Price, 2007). To specifically address the needs of radiographers, the proposed method was to introduce a four tiered service delivery model, wherein advanced practitioners, i.e., radiographers, were to play a key role.(Buttress and Marangon, 2008). In a recent editorial (2010), it has been argued that there is a need for a wider service perspective that can be provided by radiographers, but there is little evidence available to suggest that individual radiographers have grasped the full implications of the nature of leadership and vision that is required to perform these roles successfully. The distinction between an â€Å"advanced† versus â€Å"extended† role for radiographers has been clarified by  ­Ã‚ ­Ã‚ ­Ã‚ ­Ã‚ ­Ã‚ ­Ã‚ ­Ã‚ ­Hardy and Snaith (2006), who point out that role extension is the acquisition of additional skills, duties and responsibilities beyond those expected of the post while â€Å"advancement† assumes the attainment of a higher level of professional knowledge and ability. Radiographers fall under the category of extended practitioners while radiologists conform to the advanced

Market segmentation in the airline industry Essay

Market segmentation in the airline industry - Essay Example This research will begin with the statement that success in marketing can be achieved by matching the organizational capabilities with the requirements of the marketplace. This matching is based on market segmentation. Market and their segments are clusters of potential customers. Market segmentation is a proactive process which involves the application of analytic techniques. Market segmentation has been defined as the process of dividing the total market into a number of smaller, more homogeneous submarkets, termed market segments. A heterogeneous group of customers is grouped into homogeneous groups or segments. Each of these segments requires a different marketing mix to service their needs. The concept of segmentation comes naturally to human beings. This categorization reduces uncertainty and simplifies procedures. This very principle, when applied to marketing, is known as market segmentation, which helps to unify groups of consumers. The market has to be first defined in term s of the product’s end users and their needs. It is then divided into various groups according to different characteristics. To reach the customers in the most effective way, market segmentation can be based on general variables like demographics, socio-economic, geographical, or psychographic. While demographics look at the general characteristics of the age, income, education, and occupation, psychographic variable delves deeper into people’s lifestyles and attitudes.

The History of Saudi Women In Sports Essay Example | Topics and Well Written Essays - 1250 words

The History of Saudi Women In Sports - Essay Example You would never find any women spectator in any sports event in Saudi Arabia. History of women participation in Saudi Arabian sports would only furnish a blank page. The celebrated participation of Saudi Arabian women in the London Olympics is just the result of the brilliant strategy of International Olympic Committee. They need men and women participation from each and every country. Thanks to International Olympic Committee, for they made the impossible possible. Participation of women in sports is considered as a negligence of Islamic laws concerning women. Hard rules for women in Saudi Arabia pushed them to the backyard. Sports became something that is exclusively for men in Saudi Arabia. After 2012 Olympic in London, women of Saudi Arabia made a determined move to persuade lawmakers to allow a better participation of women in sports. They fought for women participation in sports, promising a compliance with Islamic rules. The changing perspectives about the participation of women in sports have enabled the participation of women in different international sports competitions. Saudi Arabia agreed to the women participation in sports because of the international pressure to enable female participation in sports. Even though the conservatives did not remain silent to the new move, the nation had to allow its female athletes to participate in the London Olympics. Saudi Clerics made a big protest against female participation, stating that improper clothing and immodest movement in sports activities would destroy the purity and morality of Saudi women who are supposed to follow the Islamic rules concerning women. According to them vigorous movements would hamper the health and purity of Islamic women. The cruel and insane gender apartheid followed in Saudi Arabia gave no room for women to involve in sports activities. A certain move that planned women’s sports activities as a part of Ramadan celebrations was highly rebuked by clerics and

Situational analysis and action plan Essay Example | Topics and Well Written Essays - 2500 words

Situational analysis and action plan - Essay Example Through the efforts of our dedicated teachers, the school will manage to increase total pupil retention levels by a wide margin. This, unfortunately, is not enough to maintain the positive competitive edge needed to stand out as an educational leader in the 21st Century. Teachers will need to put their many talents together with the dedicated school leadership and parents and assist the school in meeting the new educational mission. That’s what we intend to find out. A series of strategy seminars are planned, as an initial path forward, to identify which teachers maintain the specific skills most appropriate for different student age groups. These strategy seminars are designed to let teachers know where the school is specifically moving as part of a path forward mentality (Bush, 2004). It is important to develop a team-based philosophy between different teachers, leaders, students and parents areas, and this intervention program will be beneficial in improving the relationship between teachers and students. These will further be designed as open forums in which questions can be proposed to teachers, school managers and concerned parents who might attend these publicized strategy seminars. Improving parent-teacher relations will only enhance the educational goals of the school and make it excel in the interpersonal group dynamic. The long-term benefits of these initial strategy sessions are to identify k ey skills with different teachers and apply relationship-based learnings to motivate students. The school requires the adopting of a systems-oriented organisation in which various interdependencies exist, such as the linkage between teacher skills and student learning. In order for one area of the school to stand as a leader, it involves personal mastery of job role function. Personal mastery refers to focusing on spirit, patience, and the

The Things They Carried Essay Example for Free

The Things They Carried Essay Tim O Brien develops the theme of identity in The Sweetheart of Song Tra Bong. He uses the character of Mary Anne in order to bring about this theme. In Milan Kundera s Identity, the theme involves a character losing her identity and finding it later on in the story. But in Tim OBriens The Sweetheart of Song Tra Bong, Mary Anne finds her lost identity once she travels to Vietnam. OBrien describes Mary Anne as the typical American white girl. A tall big boned blonde. At best, Rat said, she was seventeen years old, fresh out of Cleveland Heights Senior High. She had long white legs and blue eyes and a complexion like strawberry ice cream. Very friendly too. It can be seen that even the colour scheme matches the colours of the American flag. Shes got on culottes and this sexy pink sweater. She is also described as to having a bubbly personality and a happy smile. This description of Mary Anne fits the perfect image of a girl, which is expected by society. In other words, the identity of Mary Anne was no different from the typical female image. She can be seen as a conformist. Due to this conformity, we cannot see anything unique about Mary Annes character in the first part of the chapter. The fact that Mary Anne is highly curious also matches the personality of any ordinary girl. But this personality trait leads her to undergo many changes in her life. No cosmetics, no fingernail filing, she stopped wearing jewellery, cut her hair short and wrapped it in a dark green bandanna. These were some of the physical changes Mary Anne underwent after spending time in Vietnam. But the change is dramatic once she moves to the Green Beret hooch. In part it was her eyes: utterly flat and indifferent. There was no emotion in her stare, no sense of the person behind it. But the grotesque part, he said, was her jewellery. At the girls throat was a necklace of human tongues. This dramatic description of Mary Anne differentiates shockingly from the image of a teenage female, which is accepted by society. It would most certainly be considered taboo. But we can see that Mary Anne does not find this disturbing. In fact she enjoys it. I know what you think, but its not bad. I feel close to myself. When I am out there at night, I feel close to my own body, I can feel my blood moving, my skin and my fingernails, everything, its like I am full of electricity Here Mary Anne justifies her change. It can be seen that Mary Anne has found her true identity. This is implied when she herself states, I feel close to my own body. In the past Mary Anne was tied down from finding her true identity due the conformities. But once she came to Vietnam, she was given the opportunity to gain her individuality. Tim OBrien uses strong, and vivid imagery to show how different a person can really be when not tied down by social conformities. In the beginning, Mary Anne did not appear to have any uniqueness. But once the conformities were taken away, she had the opportunity to be herself and in fact enjoy being an individual. When considering Milan Kunderas Identity and Tim OBriens The Things They Carried. Sweetheart of Song Tra Bong, both texts deal with the issue of personal identity in different perspectives. The character of Chantal in Milan Kunderas Identity, loses her identity, and then under the influence of another character- Jean Marc, regains her identity. The character of Mary Anne in Tim OBriens The Sweetheart of Song Tra Bong, finds her true identity once she comes to Vietnam, where social conformities do not exist. The common factor in both texts being that the personal identity is lost due to social conformities, the two characters in the two texts have two different approaches regarding the issue of ones identity.

Business Law Essay Example for Free

Business Law Essay What is Business Law? Businesses interact in many and varied ways. To name just a few types of business transactions, there are contracts, mergers and acquisitions, leasing, etc. How these transactions are carried out is overseen by Business Law. Additionally, how businesses are formed is a large part of Business law. This area of law is very wide-ranging, although it deals primarily with defining the rights and responsibilities of businesses, rather than enforcing these laws. Because of its extensive scope, Business law has spawned a large number of legal practice area subcategories, which include Sales and Secured Transactions, Banking, Landlord-Tenant, Mortgages, Real Estate Transactions, Debtor and Creditor, Bankruptcy, Consumer Credit, Negotiable Instruments, and Contracts. Business law and Commercial law are very closely related, so much so that the terms are often used interchangeably and the legal issues they address frequently overlap. The Uniform Commercial Code (UCC) is the principal presiding authority over commercial transactions. * Business.gov Business.gov helps small businesses understand their legal requirements and locate government services from federal, state and local agencies. Business.gov is an official site of the U.S. Small Business Administration. * Commercial Law / Business Law Definition Commercial law (sometimes known as business law) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. * Compliance with Business Laws Most aspects of running a business have some legal consequences. Whether your business is just starting up, expanding, or winding down, you must comply with the federal, state, and local laws that govern your business activities. * Employment Law for Businesses A great many common law rulings, statutes, administrative rules and legislation make up the practice and interpretation of employment law. Its governance falls under the umbrella of both federal and state statutes, as well as administrative regulation and judicial precedent. When workers file claims for employment discrimination, unemployment compensation and workers’ compensation, these claims fall under employment law. Likewise, overseeing workplace safety and standards, fair wages, retirement and pensions, employee benefits, and much more, are part of this wide-ranging legal area. Employment law deals with both the employer and the employee’s actions, rights and responsibilities, as well as their relationship with one another. A well-known, prevalent administrative regulatory body for employment law is the Department of Labor, which exists on both the federal and the state level.The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given. * Self-Employment Assistance Self-Employment Assistance offers dislocated workers the opportunity for early re-employment. The program is designed to encourage and enable unemployed workers to create their own jobs by starting their own small businesses. Under these programs, States can pay a self-employed allowance, instead of regular unemployment insurance benefits, to help unemployed workers while they are establishing businesses and becoming self-employed. Participants receive weekly allowances while they are getting their businesses off the ground. * Model Business Corporation Act A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to promulgate laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act.State corporation laws require articles of incorporation to document the corporations creation and to provide provisions regarding the management of internal affairs. Most state corporation statutes also operate under the assumption that each corporation will adopt bylaws to define the rights and obligations of officers, persons and groups within its structure. States also have registration laws requiring corporations that incorporate in other states to request permission to do in-state business.There has also been a significant component of Federal corporations law since Congress passed the Securities Act of 1933, which regulates how corporate securities are issued and sold. Federal securities law also governs requirement s of fiduciary conduct such as requiring corporations to make full disclosures to shareholders and investors. The law treats a corporation as a legal person that has standing to sue and be sued, distinct from its stockholders. The legal independence of a corporation prevents shareholders from being personally liable for corporate debts. It also allows stockholders to sue the corporation through a derivative suit and makes ownership in the company (shares) easily transferable. The legal person status of corporations gives the business perpetual life; deaths of officials or stockholders do not alter the corporations structure.Corporations are taxable entities that fall under a different scheme from individuals. Although corporations have a double tax problem both corporate profits and shareholder dividends are taxed corporate profits are taxed at a lower rate than the rates for individuals.Corporate law has important intersections with contracts and commercial transactions law. * Securities law A generic term for shares of stock, bonds, and debentures issued by corporations and governments to evidence ownership and terms of payment of dividends or final payoff. They are called securities because the assets or profits of the corporation or the credit of the government stand as security for payment. However, unlike secured transactions in which specific property is pledged, securities are only as good as the future profitability of the corporation or the management of the governmental agency. Most securities are traded on various stock or bond markets. Securities law exists because of unique informational needs of investors. Securities are not inherently valuable; their worth comes only from the claims they entitle their owner to make upon the assets and earnings of the issuer or the voting power that accompanies such claims. The value of securities depends on the issuers financial condition, products and markets, management, and the competitive and regulatory climate. Securities laws and regulations aim at ensuring that investors receive accurate and necessary information regarding the type and value of the interest under consideration for purchase. Securities exist in the form of notes, stocks, treasury stocks, bonds, certificates of interest or participation in profit sharing agreements, collateral trust certificates, preorganization certificates or subscriptions, transferable shares, investment contracts, voting trust certificates, certificates of deposit for a security, and a fractional undivided interest in gas, oil, or other mineral rights. Certain types of notes, such as a note secured by a home mortgage or a note secured by accounts receivable or other business assets, are not securities. * The Setting for Buying and Trading Two principle settings for buying and selling securities exist issuer transactions and trading transactions. On the one hand, issuer transactions are the means by which businesses raise capital. These transactions involve the sale of securities by the issuer to investors. On the other hand, trading transactions refers to the purchasing and selling of outstanding securities among investors. Investors trade outstanding securities through securities markets that can be either stock exchanges or over-the-counter. Stock exchanges provide a place, rules, and procedures for buying and selling securities, and the government heavily regulates them. Generally, to have their securities sold and bought on a stock exchange, a company must list its securities on a given exchange. The Securities and Exchange Commission (SEC) must approve the stock exchanges rules before they take effect. Transactions that do not take place on a stock exchange occur in the the residual securities market, known as the over-the-counter market. Only dealers and brokers registered with the SEC may engage in securities business both on stock exchanges and in over-the-counter markets. Most of the broker-dealers serving the public used to be members of the National Association of Securities Dealers (NASD), which served the NASDAQ stock market, but in 2007, the NASD merged with the dealers from the New York Stock Exchange to form the Financial Industry Regulatory Authority (FINRA) a national securities association registered with SEC. * Securities Regulation Securities regulations focus mainly on the market for common stocks. Both federal and state laws regulate securities. On the heels of the Great Depression, Congress enacted the first of the federal securities laws, the Federal Securities Act of 1933, which regulates the public offering and sale of securities in interstate commerce. This Act also prohibits the offer or sale of a security not registered with the Securities Exchange Commission and requires the disclosure of certain information to the prospective securities purchaser. Then, needing an agency to enforce those regulations, Congress established the Securities Exchange Act of 1934, which created the SEC. Since then, Congress has charged the SEC with administering federal securities laws. The 1933 Acts registration requirements aimed to enable purchasers to make reasoned decisions by requiring companies to provide reliable information. The Securities Exchange Act of 1934 also regulates officers, directors, and principal share holders in an attempt to maintain fair and honest markets. The Act requires that issuers, subject to certain exemptions, register with the SEC if they want to have their securities traded on a national exchange. Issuers of securities registered under the 1934 Act must file various reports with the SEC in order to provide the public with adequate information about companies with publicly traded stocks. The 1934 Act permits the SEC to promulgate rules and regulations to protect the public and investors by prohibiting manipulative devices and contrivances via the mail system or other means of interstate commerce * Partnership Law A partnership is a for-profit business association of two or more persons. Because the business component is defined broadly by state laws and because persons can include individuals, groups of individuals, companies, and corporations, partnerships are highly adaptable in form and vary in complexity. Each partner shares directly in the organizations profits and shares control of the business operation. The consequence of this profit sharing is that partners are jointly and independently liable for the partnerships debts.Creation, organization, and dissolution of partnerships are governed by state law. Many states have adopted the Uniform Partnership Act. A partner relationship is generally the result of a contract either express or implied with no formal requirements (such as a signed document). This is not the case of a limited partnership where one or more general partners manage business operations and assume personally liable for partnership debts while other contributing/profit sharing partners take no part in running the business and incur no liability beyond contribution obligations.) Limited partnerships are governed in many states by the Uniform Limited Partnership Act . State property law also impacts partnerships by defining ownership in a partnership and determining how the death of a partner changes the partnership structure. Federal law plays a minimal role in partnership law except in the context of a diversity action, or in instances where a partnership agreement contains an effective choice-of-law provision designating the application of federal law. Federal law also governs whether a partnership exists for federal tax purposes. For state and federal tax purposes, a partnership is not a taxable entity. Partnership income is taxable to the partners in proport ion to their share in the companys profits. * Small Business Advocacy Despite their importance to the economy, small businesses are heavily burdened by the costs of government regulation and excessive paperwork. Advocacy research shows that firms with fewer than 20 employees annually spend 45 percent more per employee than larger firms do to comply with federal regulations. Advocacy is an independent voice for small business within the federal government and is the watchdog for the Regulatory Flexibility Act (RFA). Advocacy advances the views and concerns of small business before Congress, the White House, the federal agencies, the federal courts and state policy makers. * Mortgage Law An arrangement under which a borrower puts up the title to real estate as security (collateral) for a loan to buy the real estate. The borrower typically agrees to make regular payments of principal and interest to repay the loan. If the borrower falls behind (defaults) on the payments, the lender can foreclose on the real estate and have it sold to pay off the loan. A mortgage involves the transfer of an interest in land as security for a loan or other obligation. It is the most common method of financing real estate transactions. The mortgagor is the party transferring the interest in land. The mortgagee, usually a financial institution, is the provider of the loan or other interest given in exchange for the security interest. Normally, a mortgage is paid in installments that include both interest and a payment on the principle amount that was borrowed. Failure to make payments results in the foreclosure of the mortgage. Foreclosure allows the mortgagee to declare that the entire m ortgage debt is due and must be paid immediately. This is accomplished through an acceleration clause in the mortgage. Failure to pay the mortgage debt once foreclosure of the land occurs leads to seizure of the security interest and its sale to pay for any remaining mortgage debt. The foreclosure process depends on state law and the terms of the mortgage. The most common processes are court proceedings (judicial foreclosure) or grants of power to the mortgagee to sell the property (power of sale foreclosure). Many states regulate acceleration clauses and allow late payments to avoid foreclosure. Some states use instruments called deeds of trust instead of traditional mortgages. Three theories exist regarding who has legal title to a mortgaged property. Under the title theory title to the security interest rests with the mortgagee. Most states, however, follow the lien theory under which the legal title remains with the mortgagor unless there is foreclosure. Finally, the intermediate theory applies the lien theory until there is a default on the mortgage whereupon the title theory applies. The mortgagor and the mortgagee generally have the right to transfer their interest in the mortgage. Some states hold that even when the purchaser of a property subject to a mortgage does not explicitly take over the mortgage the transfer is assumed. Mortgages employ due-on-sale and due-on-encumbrance clauses to prevent the transfer of mortgages. These clauses allow acceleration (having the principal and interest become due immediately) of the mortgage. The law of contracts and property govern the transfer of the mortgages interest. If the mortgage being foreclosed is not the only lien on the property then state law determines the priority of the property interests. For example, Article 9 of the Uniform Commercial Code governs conflicts between mortgages on real property and liens on fixtures (personal property attached to a piece of real estate). When a mortgage is a negotiable instrument it is governed by Article 3 of the Uniform Commercial Code. A mortgage may be used as a security interest by the mortgage. * Strangely enough, the word mortgage comes from the French word â€Å"mort† which means â€Å"dead† and â€Å"gage† from Old English, which means pledge. The term came from the doubtfulness of whether or not the mortgagor would pay the debt. In the 1500’s, if the mortgagor did not pay, then the land pledged as security for the debt was taken away. The land was then considered â€Å"dead† to the mortgagor. Nowadays, the term mortgage is used as a term for purchasing a property. We no longer associate anyone’s death with it. Although a few lucky people may be in a position to pay all cash for a property, home mortgages are required to purchase a home. Mortgages all have a term (typically 15, 20 or 30 years) representing the length of time before your home is paid off and a rate which determines the principal and interest payment that will be required to be paid during this term. * Bankruptcy Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its Constitutional grant of authority to establish uniform laws on the subject of Bankruptcy throughout the United States.States may not regulate bankruptcy though they may pass laws that govern other a spects of the debtor-creditor relationship. There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Bankruptcy involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code a lso establish the priority of creditors interests. * Small Business Financing Loans and Grants Federal, state and local governments offer a wide range of financing programs to help small businesses start and grow their operations. These programs include low-interest loans, venture capital, and scientific and economic development grants. * Uniform Commercial Code The Uniform Commercial Code (UCC or the Code), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. The goal of harmonizing state law is important because of the prevalence of commercial transactions that extend beyond one state. The UCC therefore achieved the goal of substantial uniformity in commercial laws and, at the same time, allowed the states the flexibility to meet local circumstances. The UCC deals primarily with transactions involving personal property (movable property), not real property (immovable property). * US Department of Commerce The U.S. Department of Commerce has a broad mandate to advance economic growth and jobs and opportunities for the American people. It has cross cutting responsibilities in the areas of trade, technology, economic development, environmental stewardship and statistical research and analysis. The products and services the department provides touch the lives of Americans and American companies in many ways, including weather forecasts, the decennial census, and patent and trademark protection for inventors and businesses. What is the UCC? The Uniform Commercial Code (UCC), a comprehensive code addressing most aspects of commercial law, is generally viewed as one of the most important developments in American law. The UCC text and draft revisions are written by experts in commercial law and submitted as drafts for approval to the National Conference of Commissioners on Uniform State Laws (now referred to as the Uniform Law Commissioners), in collaboration with the American Law Institute. The Commissioners are all attorneys, qualified to practice law, including state and federal judges, legislators and law professors from the United States and its territories. These quasi-public organizations meet and decide whether to endorse these drafts or to send them back to the experts for revision. The revision process may result in several different revisions of the original draft. Once a draft is endorsed, the Uniform Law Commissioners recommend that the states adopt these rules. The UCC is a model code, so it does not have leg al effect in a jurisdiction unless UCC provisions are enacted by the individual legislatures as statutes. Currently, the UCC (in whole or in part) has been enacted, with some local variation, in all 50 states, the District of Columbia, and the Virgin Islands. UNIFORM COMMERCIAL CODE Act 174 of 1962 AN ACT to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper,bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect there to; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts. * 1-101. Short Titles. (a) This [Act] may be cited as the Uniform Commercial Code. * 1-102. Scope of Article. This article applies to a transaction to the extent that it is governed by another article of [the Uniform Commercial Code]. * 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes and Policies: Applicability of Supplemental Principles of Law. (a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: (1)to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, fraud, misrepresentation,mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. * 1-104. Construction Against Implied Repeal. [The Uniform Commercial Code] being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. * 1-105. Severability. If any provision or clause of [the Uniform Commercial Code] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of [the Uniform Commercial Code] which can be given effect without the invalid provision or application, and to this end the provisions of [the Uniform Commercial Code] are severable. * 1-106. Use of Singular and Plural; Gender. In [the Uniform Commercial Code], unless the statutory context otherwise requires: (1) words in the singular number include the plural, and those in the plural include the singular; and (2) words of any gender also refer to any other gender. * 1-107. Section Captions. Section captions are part of [the Uniform Commercial Code]. * 1-108. Relation to Electronic Signatures in Global and National Commerce Act. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that Act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that Act. * 1-201. General Definitions. (a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof, have the meanings stated. (b) Subject to definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof: (1) Action, in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined. (2) Aggrieved party means a party entitled to pursue a remedy. (3) Agreement, as distinguished from contract, means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303. (4) Bank means a person engaged in the business of banking and includes a savings bank, savings and loan association , credit union, and trust company. (5) Bearer means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or indorsed in blank. (6) Bill of lading means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. (7) Branch includes a separately incorporated foreign branch of a bank. (8) Burden of establishing a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence. (9) Buyer in ordinary course of business means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the sellers own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the busine ss of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. (10) Conspicuous, with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is conspicuous or not is a decision for the court. Conspicuous terms include the following: (A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language. (11) Consumer means an individual who enters into a transaction primarily for personal, family, or household purposes. (12) Contract, as distinguished from agreement, means the total legal obligation that results from the parties agreement as determined by [the Uniform Commercial Code] as supplemented by any other applicable laws. (13) Creditor includes a general creditor, a secured creditor, and any representative of creditors, including an assignee for the benefit of creditors, a receiver in equity, and an executor or administrator of an insolvent debtors or assignors estate. (14) Defendant includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim. (15) Delivery, with respect to an instrument, document of title, or chattel paper, means voluntary transfer of possession. * International trade law Includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments has become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is important part of the WTO activities, this latter branch of law is now very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, the law for merchants on land and the law for merchants on sea. Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of â€Å"international legislation† and new lex mercatoria, regulating relations in international trade. â€Å"International legislation† – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria the law for merchants on land. Alok Narayan defines lex mercatoria as any law relating to businesses which was criticised by Professor Julius Stone. and lex maritima the law for merchants on sea. Alok in his recent article criticised this definition to be too narrow and merely-creative. Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. Contract: the elements of a contract The first step in a contract question is always to make sure that a contract actually exists. There are certain elements that must be present for a legally binding contract to be in place. The first two are the most obvious: * An offer: an expression of willingness to contract on a specific set of terms, made by the offeror with the intention that, if the offer is accepted, he or she will be bound by a contract. * Acceptance: an expression of absolute and unconditional agreement to all the terms set out in the offer. It can be oral or in writing. The acceptance must exactly mirror the original offer made. * A counter-offer is not the same as an acceptance. A counter-offer extinguishes the original offer: you can’t make a counter-offer and then decide to accept the original offer! But†¦ * A request for information is not a counter-offer. If you ask the offeror for information or clarification about the offer, that doesn’t extinguish the offer; you’re still free to accept it if you want. It is very important to distinguish an offer from an invitation to treat – that is, an invitation for other people to submit offers. Some everyday situations which we might think are offers are in fact invitations to treat: * Goods displayed in a shop window or on a shelf. * When a book is placed in a shop window priced at  £7.99, the bookshop owner has made an invitation to treat. * When I pick up that book and take it to the till, I make the offer to buy the book for  £7.99. * When the person at the till takes my money, the shop accepts my offer, and a contract comes into being. * Adverts basically work in the same way as the scenario above. Advertising something is like putting it in a shop window. * Auctions: * The original advertising of the auction is just an invitation to treat. * When I make a bid, I am making an offer. * When the hammer falls, the winning ‘offer’ has been accepted. The seller now has a legally binding contract with the winning bidder (so long as there is no reserve price that hasn’t been reached) An offer can be revoked at any time before it is accepted, so long as you inform the person you made the offer to that the offer no longer stands. * Consideration: each party to the contract must receive something of value.Consideration is the price paid for the other’s promise. There are four legal maxims that apply to consideration: * Consideration must move from the promisor; * Consideration need not move to the promisee; * Past consideration is not good consideration; * The consideration given must be sufficient, but it need not be adequate. Arrangements of a social nature are presumed not to be legally binding, whilse commercial arrangements are presumed to be intended as binding contracts. Of course, these presumptions can always be rebutted in court by producing evidence to the contrary. * Importance of Business Law It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business.. There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships. Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking. Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close. Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business. Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws. Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business. Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business. Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business. Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate. The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority.

Loan Application for Water Desalination Plant

Loan Application for Water Desalination Plant Kelly Crossen Committee: The World Bank Country: Japan on behalf of Yemen Total Amount: US$50,000,000 Type of Loan: IBRD 1. Total Amount of Loan: US$50,000,000 2. Proposed Project- The purpose of this loan is for the constructing of a water desalination plant in the coastal city of Mokha, 54 miles west of the water scarce city of Taiz. At full capacity the plant would be able to pump a total of 100,000 cubic meters of water per day, more than enough to meet the daily needs of Taiz city, which they estimated to be 55,000 meter. Located along the Mokha coastline, the plant would be connected to a pipeline running from Mokha to Taiz and then later to Ibb and Sanaa cities, serving all small towns and villages located along the way. The Japanese government is presenting this loan to the World Bank to strengthen the economy through increase production of Yemen nature resources, such as the coffee, corn, and wheat coming from the Haraz Mountain, which would reduce the dependency on the yearly humanitarian aid received from the UN and other foreign countries. Today, Yemen receives nearly 200 million in foreign aid per year. In addition, the lack of clean water had increase the spread of water-borne disease on a scale not seen in decades. Cholera, diarrhea and dengue fever have spread at shocking rates in rural areas where access to clean water is limited. 3. Background According to Yemen Water and Environment Minister, Abdulsalam Razzaz Yemen suffers with the most water shortages in the Arab region. He pointed to Yemens increasing population growth rates and limited rainfall for the exacerbation of the country water crisis, noting that at its current state Yemen would soon be unable to sustain its supplies. Today about 25 million Yemenis which is around 70% of the population, struggle daily to find or buy enough clean water to drink or grow food. As a result 14.7 million Yemenis currently depend on humanitarian aid. A senior expert at Yemens water and environment ministry states ordinary Yemenis now pay more than 30 % of their income just to get water in their houses. Prices have more than tripled since March, reaching 10,000 Yemen rials ($47) for a four cubic meter tank of water. According to a report by the U.N. Development Programme (UNDP), Yemen is withdrawing almost 169 % of its renewable water resources, meaning that it is using water far faster than it can replenish its supplies. According to the reports conducted by the UNDP the gap between the countrys demand for and supply of water has widened to 1.4 billion cubic meter per year as a result of one of the highest population growth rates in the world and peoples extensive use of water. Only a tiny proportion of Yemeni household are connected to the municipal supply. The state run municipal company only supplies some household in the city while 70% of Yemeni lives in rural area. In the capital of Sanaa only 40% of houses are connected. The pipe network is old and an estimated 60% of water is lost through leaks. 4. Rationale- Without this loan, the water crisis in Yemen has the potential to cause great destruction to the nation. Access to clean water and sanitation is one of the most cost-effective development interventions and critical for reducing poverty which is one of the World Bank decisive goal. With clean water readily available, women no longer have to spend hours every day collecting water, agricultural production can increase, the cost of services and goods could go down and the reduction of water-borne diseases. Studies have shown with proper management, not only would construction of the plant help fill the ever widening gap in the citys dwindling water supply, but that it would also be able to provide consumers with high purity water at cheaper rates than consumers were currently spending. The project will be managed by the Ministry of Planning and the International Cooperation Secretariat. The timeline for the project will be 5 years from planning to implementation. There will be quarterly report made to the World Bank on all phases of the project. The project will be broken down in four phases. The first phase will be the project planning in which a project scope will be put in writing. Next will be project execution where resources are tasks and teams are formed with responsible. Next will be project performance and control where project managers will compare project status and progress to actual plan. Finally, project close after all tasks are completed and the project is up and running. 5. Allocation- US$100 million for construction of the pipeline leading from Mokhta to Sanaa US$150 million for construction of the desalination plant. US$50 million for construction of pipe network to the rural communities. US$25 million each will come from Japan and EU; UNDP will provide US $200 million and IDA will provide US$50 million.   6. Environmental Impact This project will have a positive impact to the environment by helping to reduce climate change in the region. The increase water supply will aid in the increase of the natural resources and the reduction of humanitarian aid to the country. 7. Credibility Japan became a member of the World Bank in 1952; the World Bank has provided more than 30 loans totaling US$850 million to the country, which all were paid back on time. The last loan taken by Japan was issued in 1966 by the 1970s they transition from borrower to now a source of finance. Japan became the second-largest shareholder of the World Bank in 1984, gaining a greater voice as one of the most important partners. Over the last forty years, approximately US$150 billion of World Bank bonds have been sold to Japanese institutional and individual investors. Japan holds an 8.90% voting shares in the International Bank for Reconstruction and Development. 8. Co-Financing Government of Japan.US$25 mil EU.. US$25 mil UNDP. US$200 mil IDA.. US$50 mil 9. Maturity The terms are as follows:Amount: $50,000.00 from IDAGrace Period : 3-5 years Fixed RateInterest Rate: 1.15% Maturity : 5 years