Ruhling Manufacturing Company Essay -- Business Management

1. Why might negotiation be favored over competitive bidding in certain procurement situations? Based on the textbook and my understanding, whenever there are negotiations between a procurer and a supplier regarding a competitive bidding, the first thing that might be favored is the scope of the project, meaning both will sit down and discuss the entire project prior the work begins. Meanwhile, during the negotiations, evaluation criteria should be clear, and stated and defined. As the evaluation is based on the criteria stated and the procurer can request or ask the supplier’s opinions on certain specifications and where things can be improved. There are two characteristics to be considered when negotiating over competitive bidding: a) Must be flexible and allow changes to make and specify the designs of the projects. b) Knowledge is very important because if a project is based or awarded on competitive bidding then a contractor may not know the information about possible design flaws, submit a low bid, and recoup profits when changes are required. 2. Considerations of Epsilon's alternative proposal: a. What is the applicability of a requirements contract from Ruhling’s point of view? Assume that Epsilon will still make a profit resulting from economics of long runs and learning curves From Ruhling's point of views, the applicable of a requirements contract are both legal and mutually satisfactory, as long as performance is met and buyer's requirements exist, it gives certain protection against price increases, and the possibility of a market predictable. b. Assuming Ruhling is now interested in a requirements contract, how should Ruhling proceed with the bidding/award process? Ruhling should start a ... ...anged innumerable times over the project's life. Continual rework and time delays had hampered progress. Bolger had reported design errors that necessitated the refitting of complex equipment and rework of the aluminum welding. Materials requirements included the use of welded aluminum. Bolger normally employed only steel welders; aluminum welders were in short supply and impatient during work stoppages. The Bolger contract was cost based plus a fixed fee. A particularly disturbing problem was Bolger's cost reporting system. Bolger contract negotiators waited for up to three weeks for cost data. Works Cited http://www.fns.usda.gov/tn/Resources/equip08.pdf http://faculty.haas.berkeley.edu/stadelis/aucvsneg07_15_07.pdf http://www.nextlevelpurchasing.com/articles/dual-source.html http://corpslakes.usace.army.mil/employees/omcontracts/pdfs/section12.pdf

Agent Orange :: essays research papers

Agent orange was an herbicide used in Vietnam. It was use to kill overgrown trees and shrubs that were in the way of advancing United States troops. Agent orange got its name from the barrel it was transported in; the barrel had a large orange stripe running across it.   Ã‚  Ã‚  Ã‚  Ã‚  Agent orange was heavily used; in fact, it was the most used of all herbicides in Vietnam. From 1962 until 1971 over 20 millions gallons were used to cover a large 6 million acre area. The most heavily covered areas were those where very thick brush was present; it would give the enemy cover, as well as hindering the troops ability to move. The areas were located in South Vietnam, the transportation areas of Laos and Cambodia, and the forests of the demarcation zone.   Ã‚  Ã‚  Ã‚  Ã‚  Agent orange, along with its brothers, Agent White and Agent Blue, did a great job clearing away the brush. It did this with severe costs; people exposed to Agent Orange have had many problems.   Ã‚  Ã‚  Ã‚  Ã‚  Before you know what Agent Orange did to people, you have to understand what it was made of and how it worked. Agent orange contained a mixture of many plant hormones, which would confuse the plants metabolism and cause the plants to lose flowers, leaves and fruit within two to three weeks. Not only did it have bad effects on plants, it did things to humans, especially the ground troops who carried it and the airplane crew that dropped it.   Ã‚  Ã‚  Ã‚  Ã‚  Dioxin, what was created in the mixture of hormones, has been proven to be very dangerous and poisonous. In lab tests, Agent Orange has given animals cancer and causes birth effects. This is also thought to be true in humans, as many veterans complain about things like; cancer, birth defects, liver infections, tumors, elevated blood pressure, blood deficiency, enlarged head, club feet and many other illnesses. Although it hasn’t been proven 100% sure that Agent Orange is the cause for this, it is the one linking factor for all the people involved.   Ã‚  Ã‚  Ã‚  Ã‚   The United States government has handled this outbreak rather well, in 1978 the Veterans Administration set up the Agent Orange Registry program. This allowed concerned veterans to enroll in a program that would test them for all known effects and allow them to seek treatment.   Ã‚  Ã‚  Ã‚  Ã‚  The Agent Orange story is not over yet, in 1994, the National Academy of Sciences (NAS) found that the level of dioxin was not high, and most people could tolerate it well.

Role of Finance in Parle G Company

COMPANY PROFILE INTRIODUCTION Vertex Technologies Pvt. Ltd. is a leading IT solutions and service providing center. Established at Nadiad, today we are technically advanced and ready to serve even the toughest of the technical IT challenges. Along with providing IT solutions in terms of both Hardware, Software, Networking, Security solutions(IT), Project works, Solar & Wind energy Solutions, Energy Saving Products & Green Energy Products in Information Technology, Led Lighting and in day to day routines.Our integrated and organized efforts render quality and reliable products and services. We provide solutions, suggestions, software, hardware and other products as per customer needs that are of high quality yet economically viable. We have a highly skilled force of engineers who are at their toes to provide services at the click of a button. Our maintenance and up gradation services are highly reliable and just a phone-call away. Achieving success in a short term Vertex Technologies Pvt. Ltd. has expanded its operations in Gujarat State and moving towards National & International market.VTPL has established its corporate office at Nadiad for National and International operations. At present VTPL has offices in Ahmedabad, Vadodara and Surat. In today’s world, energy is a great concern due to a gap between demand and supply. We need to save energy in order to reduce the cost of operation. Thus, we are in the field of supplying Energy Saving Products. Our energy saving products is tested and certified by various agencies and government authorities. Our products have a high quality, reliability and consistency. ASSOCIATONAlong with providing IT solutions in terms of both hardware and software, we are also preferred partners with SOLAR Panel manufacturer like Vikram Solar, PAE Ltd, Warree, Kotak Urja, Thermal Solutions Redren, Solar Lighting solutions and other technological partners. HISTORY Vertex Technologies Pvt. Ltd. was established with a vision to serv e the IT industry by providing solutions to technical challenges. The company was set initially by three people having vast experience in the computer field for the past 20 years. OBJECTIVES In our efforts to satisfy our valued customersWe at Vertex believe in being at the forefront of technology and provide the best and the latest to our customers at affordable costs. Our Customers always get a winning – edge over their competitors through our services and solutions. In our desire to innovate through research Our team is constantly engaged in Research and Development which culminates into deployment of latest and cutting-edge technology in our products. In our aspirations to provide the best of quality Vertex and its team are committed to achieve customer satisfaction by ensuring competitive and cost-effective solutions and services delivered in time.Our team continuously controls reviews and enhances its performance and thus sustains an effective Quality Management System. In our dream to create a nature friendly world We provide Energy Saving Products that are beneficial to the society as well as nature. Focusing on today’s lifestyle, our products facilitate both energy saving and user satisfaction. In our vision to lead We aim to be the top IT solution providing company. Our biggest asset is our valued customer list. Their satisfaction is our prime requirement. STRENGTHS AND ACHIEVEMENTS Our strength lies in: †¢ Experience since 1989 Intel GID †¢ Support Services †¢ Strong and Innovative R&D team †¢ Technology partners. Important Milestones: †¢ Companies development and expansion going day by day from establishment †¢ Bank of Reputed customers †¢ Operation at Baroda, Surat and other cities in Gujarat. †¢ Providers of N-Computing Products †¢ Overseas operations with CBSI †¢ Software solutions with VBSOFT Talent: †¢ Highly efficient and motivated young team †¢ Out spoken and always rea dy for challenges †¢ Innovation in self OUR VISION †¢ To provide cutting edge technology and build business for our customers. HR We have facilitates to develop employers skills and make them market leaders to have an edge over competitors. Our Green Energy Projects: 1. Vertex Office at Nadiad – 1000w Solar panel installed in May 2010. 2. Palitana Hill Solar power solution 10Kw in progress given for approval MNRE – Delhi. 3. Metro City- Bagodara 2. 4 Kw off-grid solar power plant 2 nos for Hoardings and Lighting. 4. Nirmit Flora & Nirmit Home 1. 0 Kw each at Sanand and Gandhinagar sites. 5. Solar Street Lights at Chhota- Udaipur, Gujarat- in Rural and Jungle area. Solar Products: Solar : †¢ Home light kit †¢ Solar lantern †¢ Solar blinkers †¢ Solar road studs Solar garden lights †¢ Solar water pump †¢ Solar cooker †¢ Solar water heater Led : †¢ Aviation lights †¢ led down lights †¢ Led Lighting Fixtures †¢ led tube light †¢ led wall washers †¢ led flood lights †¢ led high bay light †¢ led RGB †¢ Led street light Solar Panels & Accessories: †¢ Solar panels †¢ Charge controller †¢ Inverters †¢ Dc controllers Solar Solutions: †¢ Off grid solar power plant o 1kw to 2 Kw Solar Power Pack o 10 50 Kw Solar Power Pack o Above 50 Kw to MW level Solar Power Plant Off-Grid & Grid Tie †¢ Wind power solution †¢ Solar wind high-brid solution †¢ Hoarding & Bill board †¢ Centralized Lighting †¢ Water pumping system Roof top MNRE & DGS&D approved products †¢ Led street light †¢ Led home light kit †¢ Led lantern Customize solutions †¢ Led lights †¢ Led with solar power †¢ Led with solar n wind power †¢ Enlighting building with colorful led lights †¢ For architect construction for the projects. IT PRODUCTS AND SERVICES KEY ACTIVITY AREAS: †¢ Computer System & Hardware Peripherals Sup ply. †¢ Vertical & Customized Software Development. †¢ Licensed Software Marketing, Installation & Maintenance. †¢ Maintenance and Up-gradation. †¢ Internet & Intranet Solutions. †¢ Email & Communication. †¢ Anti Virus Solutions. †¢ Wireless & Broad Band Connectivity. Data Base Administration. †¢ Marketing Energy Saving Products †¢ Energy Saving Products †¢ Annual Maintenance Services †¢ E- Commerce Applications †¢ Web Designing and Development †¢ Corporate Design Work †¢ ERP Solution PROJECT WORK: †¢ Networking Setup †¢ Call Center †¢ Cyber Cafes †¢ VPN Solutions †¢ Intra-networking †¢ Wireless network SERVICES: †¢ Out Source Projects †¢ Data Processing †¢ Data Entry †¢ Printing Jobs (Laser Printers, LMP) †¢ Annual Maintenance Services †¢ Job placement †¢ Preventive Maintenance Services †¢ Repairing of Computers and its Peripherals †¢ NRI seminars and hospitality VALUE – ADDED PRODUCTS AND SERVICES: †¢ Ncomputing Security Surveillance †¢ RFID attendance †¢ Biometric Access †¢ VOIP Solutions †¢ Storage Solutions ENERGY SAVING: †¢ Centralized Lighting †¢ Air Condition †¢ Induction Motor †¢ LED Lighting Products SOFTWARE PRODUCTS: †¢ Vidyalaya School Management Software. †¢ Production ERP Software. †¢ Samay Attendance system. †¢ E-Commerce Solutions †¢ Hospital Management System. †¢ E-Panchayat. †¢ Banking Liquidation Process System †¢ Shopkeeper †¢ Web base management software †¢ Customized Software Solutions VALUED CLIENT LIST [pic][pic][pic][pic] [pic][pic][pic] [pic] [pic] [pic][pic][pic][pic][pic][pic][pic] [pic] [pic][pic] [pic] * AND GROWING DAY BY DAY

Confidentiality of Health Information Essay

1. Should corrections be date and time stamped? Yes, it is very important to keep track of when changes are made to an individual’s medical records. Any correction made to confidential medical information should be time and date stamped. In addition, the name of the person who makes the changes should be recorded with the time and date change. should there not be a note of who makes changes to the medical record. An example of the negative consequences of not date and time stamping medical records, electronic or otherwise, is that in a court of law, one’s medical records could be inadmissible due to this simple negligence. A medical malpractice case, in which the patient deserves compensation for being diagnosed incorrectly, or not diagnosed at all, could hinge on this incredibly important detail. Whether or not the patient’s medical records was date and time stamped, as well as signed by the individual working on the patient’s electronic medical record. 2. When should the patient be advised of the existence of computerized databases containing medical information about the patient? A patient should be advised of the existence of computerized database containing medical information about the patient , before the patient’s physician releases said information to the entity keeping the computer bases. All medical information must be shared with the patient before any treatments are performed, so that the patient may give their informed consent for the treatment or procedure to be administered. If patients were unaware of the existence of their medical information stored in computerized database, they obviously would not have the knowledge to access their own records, which is highly unprofessional and detrimental to the patient’s health care in the future. According to the American Medical Association (AMA), patients have the right to know where their records are being stored and who has access to them for safety and privacy of the individual. 3. When should the patient be notified of purging of archaic or inaccurate information? States â€Å" procedures for purging the computerized data base of archaic or inaccurate data should be established and the patient and physician should be notified before and after the data has been purged.† It is essential that the patient and physician always know what is going on with their confidential medical records. Care must be taken to make sure that the medical record are never accidently mixed with other computer based record. With technology growing faster than most of us can keep up, most of today information is on computer. Either being stored on a disk, on websites, or even online storage . The American Medical Association (AMA), has issued opinion 5.07 confidentiality for computers. 4. When should the computerized medical database be online to the computer terminal? The computerized medical database is online to the computer terminal only when authorized computer programs requiring the medical data are in use. According to the (AMA ) policy, External individuals or organizations should not have online access to these computerized database. containing identifiable data from medical records patient. Access should be controlled through security measures. Some examples of these are encryption of the file, password to gain access to the file, or other user identification. In addition, leaving a terminal online to the database when it is not necessary can make it easier for hackers to get into the system. 5. When the computer service bureau destroys or erases records, should the erasure be verified by the bureau to the physician? I believe that when the computer services bureau destroys or erases the record, the physician should be notified in writing that it has taken place. Before records can be destroyed or erased the bureau has to establish that the physician has another copy, of some form, in his possession. The patient and the physician have the right to know any little alteration on any record. This will help in knowing what information has been erased and what significance it has as far as patient’s medical process is concerned. 6. Should individuals and organizations with access to the database be identified to the patient? Yes, all individuals and organizations with some form of access to the computerized databases, and the level of access permitted should be specifically identified in advance. Full disclosure of this information to the patients is necessary in obtaining consent to treatment. patient data should be assigned a security level appropriate for the data’s degree of sensitivity, which should be used to control who has access to the information. The patient has the right to know who have an access to his/her information and why. This will for the respect of the patient’s right to privacy and confidentiality. 7. Does the AMA ethics opinion mention encryption as a technique for security? Yes, the computerized data systems have a compromising information security. The (AMA) opinion is that â€Å" there should be controlled access to the computerized database via security procedures such as encryption (encoding), passwords, and other user identification including scan able badges†. Confidentiality agreements should be made with other healthcare professional whom the office networks with encryption is recommended if the network entails public channel of communication such a radio waves, telephone wires, and microwaves. This will increase the changes of information confidentiality. 8. In regard to electronic medical record (EMR), what is the policy for disclosing authorized data requested by third parties? The patient must give consent in writing authorization for disclosing any information about his/her medical record. the individual or groups requesting the data required to obtain the expressed consent of the patient. The dissemination of confidentiality medical data should be limited to only those individuals or agencies with a bona fide use of the data. As well as the fact that, the third parties receiving the Electronic – PHI , do not have the authorization to disclose the information to additional sources. Then , the database should disclose the least amount of E-PHI possible to serve the purpose , while also limiting the period of its use. Finally, the policy for disclosing the E-PHI is clear, the database must acquire consent for the dissemination of the least amount of information possible , the database must maintain the patient’s confidentiality, and, the third parties receiving the data may not disclose the data to any other organization or individual. American Medical Association, (AMA) opinion 5.07. REFERENTS: www.ama-assn.org/ Search box type, opinion 5.07 www.ahima.org/ www.ama-assn.org/ama/category

Franklin D. Roosevelt vs. Barack Obama

Franklin D. Roosevelt vs. Barack Obama The economy of the 1930s was a devastating financial situation that the American public will never forget. However, this doesn’t mean that history will cease to repeat itself. The political policies of Franklin Delano Roosevelt are often acknowledged for the relief of our country’s depression and some of which are still in effect today. To avoid our current recession, will Barack Obama choose to base his policies off of FDR’s in hopes that the same plan will work twice?There are some similarities and differences between the political action today and the action during the Great Depression. Within just the first 99 days of his election as President, Roosevelt’s New Deal was put into action with the support of Congress. The New Deal was proposed to help relieve those who were unemployed or in danger of losing their homes and recover agriculture and business. Programs such as the Tennessee Valley Authority, Social Securi ty, and Medicare were created because of Roosevelt’s action in the Great Depression.Herbert Hoover, the preceding president, did not feel that government spending should be given directly to citizens. He believed that ‘helping’ the American people in this way would actually hurt their morale and cause them to become more like a socialist nation. Certain ideas such as enforcing fixed pricing, controlling businesses, and manipulating the value of currency were suggested and quickly declined by Hoover who believed all were Socialist ideas. Though many people saw Hoover as an evil man that refused to give away federal money, he was actually quite accurate with his predictions.For example, Welfare, which is a program used today that was created in the New Deal, is often misused today by people who are capable of working, but are too lazy to actually make their own income source. I believe that a lot of Americans today are spoon fed because of the government ‘hel p’ that they receive. Though Roosevelt did help in the Great Depression, his temporary ideas were turned into permanent solutions that have caused new damages today. Now our current President is forced with the decision to either help the public with temporary ideas like Roosevelt’s or look out for what is best for our future like Hoover.It’s not an easy decision. Barack Obama has made an impact in our economy in areas similar to Franklin Roosevelt. He has created jobs and packages, like Obamacare, that he believes will help American citizens. Obama helped bail out the auto industries similar to how Roosevelt helped bail out the banks during the depression. However, Barack passed the Wall Street Reform (which helped the American financial system be less confusing and more apparent) to make sure that we would never have to bail out the banks again.Barack has also eliminated tax breaks for companies who ship overseas to try and promote American companies to create more jobs for the citizens who are here. In his term, Obama has added over 479,000 jobs which is the most growth we’ve had in a decade. He has spoken many times on how he plans to build â€Å"from the middle class out† rather than from the top down. Our middle class is of high importance to Barack and because of this, he has gained a tremendous support from the public.It seems that our current president has taken a few ideas from Roosevelt with the added caution of the foreseeable future. Our country looks like it’s headed in the right direction, but we may never know whether the help provided will be temporary until we live through it. As citizens, it would be the best for us to learn how to live on our own without the help of our government. If we were to become too dependent on our welfare checks or social security, then we could end up being controlled instead of governing ourselves.The best solution would to be to save our money and work hard at what we do . Though it may seem that there are no jobs available to us at the moment, we do have to trust that the companies around us will see it better to provide domestic jobs rather than sending them overseas. Though I don’t entirely agree with how Franklin D. Roosevelt tried to solve the Great Depression, I have to admit that what he did he thought he was doing for the best. Great presidents like Obama, Roosevelt, and even Hoover are great because they think of us and not themselves.

Tort Assignment

Notwithstanding that Fred may have provoked Ivan by his behavior towards Van's fiancee, however, this is not a defense to intentional wrong doing tort and there is not any reasonable ground for defense of the person of another. Therefore, it would be found that Ivan is liable for battery. There was no actual damage suffered by Fred, hence Fred can only claim for nominal damages. Ivan v the parking attendant – negligent trespass for battery A negligent battery Is committed when there is a negligent, direct, and unlawful contact or without consent to another's person.Prima ice, the injury suffered by Ivan was a direct injury negligently conflicted through the carelessness and negligence of the parking attendant. It would be reasonably foreseeable that someone might be standing under the shutter door. However, there has not been any precedent to support the view of negligent battery, or the interrelationship of fault and trespass. In my view, as long as the elements of negligent trespass are satisfied, the parking attendant would be liable for negligent battery and Ivan might claim for compensatory damage to compensate his medical bill and economic loss.Assault Ivan v Fred Assault is the intentional creation of an apprehension of an immediate physical violence or unlawful contact. Fred subjectively intended to create an apprehension to carry out force toward Ivan. The nature of his act was clearly manifested to batter Ivan; which hands clenched Into fists towards someone's face In close physical proximity would prove the apparent ability of Fred to carry out threat. However, concurrently, Fred intentionally made the statement â€Å"you wait till you're outside tonight, you d*head-you'll regret this†.Although the verbal threat could ultimately kook away the immediacy, and the fact that Fred went to sleep suggested that there was no clear evidence for imminent physical violence. However, Fried's threatening gesture was satisfied to cause reasonable app rehension of unlawful physical contact on any ordinary man's mind even If the act might happen later. So It would be found that Fred is liable and hence Ivan might claim for nominal damages as there was no actual injury suffered. Officer v Tony Referring to the definition, the threatening statement constituted an intentional act which aimed to threaten the officer with some kind of harm.The verbal threat of immediate force, and were not even mere words, which has all the essential elements Tort ten emcee to apprehend Immediate unlawful contact, although Tear Is not required. Tony subjected the officer to intimidation by threatening to apply force in a circumstance that the officer had no right to block the way out. However, the threat was made in an improper way of enforcing his right. On the on hand, it may be said that there has been restrained on Tony by his wife. Yet, this still constituted assault by possessing the means of carrying immediate violence.Tony would be liable for a ssault without any reasonable defenses. Again, the officer can claim for nominal damages only without any actual damage or feeling injury. Rosins v Fred As previously defined, Fred voluntarily blocked Rosin's way which sufficed as the intentional act. The act of unlawful photographing would not constitute an assault itself (intrusion of privacy instead), however, blocking someone with a â€Å"display of force† would carry means of threat into effect, which was reasonable for Rosins to apprehended that the threat would be carried out without her consent.Therefore, Fred would be liable for the tort of assault and Rosins likely to claim for nominal damages. False imprisonment Richard v State Immigration Department [SIDE] False imprisonment is defined as intentional and unauthorized restraint or deprivation of a person's liberty. SIDE was intentionally wrongful used its authority to cause confinement on Orchard's liberty. Although there has been no application of physical force, there was evidence of complete submission by Richard to the control of SIDE, which eventually satisfied the test drawn from the High Court's decision inBellman New Ferry Co Ltd v Robertson. Through the presence of officers, it was apparent that if Richard refused to follow, he would be restrained by force. So the requirement of total restraint was abundantly satisfied. SIDE took the action without any requisite warrants or reasonable evidence; a tip-off was not enough to satisfy, so an imprisonment was unlawful since the beginning as they barred exit. No minimum time limit is specified for constituting of the action on false imprisonment, therefore 20 minute of detention or even less than that would still constitute an action for false imprisonment.There will be no relevant defenses since the action was unlawfully carried out, without any authorized license or statutory authority. So SIDE would be liable for false imprisonment; Richard can claim for nominal damages to signify the in fringement of his right and inconvenience without any forthcoming apology from SIDE; and aggravated damages for the injury of his dignity and feelings upon the false imprisonment.There is no evidence to suggest that Richard suffered any special loss; however, the conduct of SIDE was considered to be arbitrary, oppressive and unconstitutional, hence exemplary damages would be claimed People in Bar Aroma v State Immigration Department [SIDE] Referring to the definition, as followed concurrently with the false imprisonment of Richard, the liberty of people in Bar Aroma was deprived totally; which could be proved through the fact that Tony was not able to leave.Again, SIDE had no right to imprison people without any requisite warrants; hence an imprisonment was unlawfully carried out. SIDE may argue of people's unawareness at the time the action took place. However, a person could be imprisoned without his knowing it. And the residence of an official stationed at each door would reasona bly allow people to recognize the total restraint on their liberty. Based on the fact, the mean of escape exalters tongue ten sloe door; never, tens was not apparent; nonce It wall not De regarded as reasonable.So SIDE would be found to be liable for false imprisonment. The people would expect to recover no more than nominal damages due to their unawareness of falsely imprisoned condition and no actual harm suffered. The local people v State Immigration Department [SIDE] As previously defined, the elements of total restrained through unlawful conduct ere abundantly satisfied by barring the exit doors and without any requisite warrants. However, there is no false imprisonment where a person has consented to a restraint on liberty.It appeared that the local people were aware of the situation and of the purpose in which it was carried out. It was therefore determined that they had given implied consents which surrendered of a portion of their liberty for a certain period. If the cause of action is a restraint in accordance with that surrender, they cannot complain. Furthermore, by knowing the side door, there was a reasonable mean of escape. Hence, an action for false imprisonment might not lie.Rosins v Fred Referring to the definition, Fred intentionally blocked Rosin's way, which illustrated his unlawfulness by stopping her right from passing the way. However, on the same fact, Fred did not amount to a total restraint of Rosin's liberty, as she could go different directions in order to avoid Fried's contact; hence through merely obstructed the passage of Rosins in a particular direction and not preventing her from going in another direction, Fred will have a good defense to any claim in false imprisonment rough by Rosins. Tort Assignment Notwithstanding that Fred may have provoked Ivan by his behavior towards Van's fiancee, however, this is not a defense to intentional wrong doing tort and there is not any reasonable ground for defense of the person of another. Therefore, it would be found that Ivan is liable for battery. There was no actual damage suffered by Fred, hence Fred can only claim for nominal damages. Ivan v the parking attendant – negligent trespass for battery A negligent battery Is committed when there is a negligent, direct, and unlawful contact or without consent to another's person.Prima ice, the injury suffered by Ivan was a direct injury negligently conflicted through the carelessness and negligence of the parking attendant. It would be reasonably foreseeable that someone might be standing under the shutter door. However, there has not been any precedent to support the view of negligent battery, or the interrelationship of fault and trespass. In my view, as long as the elements of negligent trespass are satisfied, the parking attendant would be liable for negligent battery and Ivan might claim for compensatory damage to compensate his medical bill and economic loss.Assault Ivan v Fred Assault is the intentional creation of an apprehension of an immediate physical violence or unlawful contact. Fred subjectively intended to create an apprehension to carry out force toward Ivan. The nature of his act was clearly manifested to batter Ivan; which hands clenched Into fists towards someone's face In close physical proximity would prove the apparent ability of Fred to carry out threat. However, concurrently, Fred intentionally made the statement â€Å"you wait till you're outside tonight, you d*head-you'll regret this†.Although the verbal threat could ultimately kook away the immediacy, and the fact that Fred went to sleep suggested that there was no clear evidence for imminent physical violence. However, Fried's threatening gesture was satisfied to cause reasonable app rehension of unlawful physical contact on any ordinary man's mind even If the act might happen later. So It would be found that Fred is liable and hence Ivan might claim for nominal damages as there was no actual injury suffered. Officer v Tony Referring to the definition, the threatening statement constituted an intentional act which aimed to threaten the officer with some kind of harm.The verbal threat of immediate force, and were not even mere words, which has all the essential elements Tort ten emcee to apprehend Immediate unlawful contact, although Tear Is not required. Tony subjected the officer to intimidation by threatening to apply force in a circumstance that the officer had no right to block the way out. However, the threat was made in an improper way of enforcing his right. On the on hand, it may be said that there has been restrained on Tony by his wife. Yet, this still constituted assault by possessing the means of carrying immediate violence.Tony would be liable for a ssault without any reasonable defenses. Again, the officer can claim for nominal damages only without any actual damage or feeling injury. Rosins v Fred As previously defined, Fred voluntarily blocked Rosin's way which sufficed as the intentional act. The act of unlawful photographing would not constitute an assault itself (intrusion of privacy instead), however, blocking someone with a â€Å"display of force† would carry means of threat into effect, which was reasonable for Rosins to apprehended that the threat would be carried out without her consent.Therefore, Fred would be liable for the tort of assault and Rosins likely to claim for nominal damages. False imprisonment Richard v State Immigration Department [SIDE] False imprisonment is defined as intentional and unauthorized restraint or deprivation of a person's liberty. SIDE was intentionally wrongful used its authority to cause confinement on Orchard's liberty. Although there has been no application of physical force, there was evidence of complete submission by Richard to the control of SIDE, which eventually satisfied the test drawn from the High Court's decision inBellman New Ferry Co Ltd v Robertson. Through the presence of officers, it was apparent that if Richard refused to follow, he would be restrained by force. So the requirement of total restraint was abundantly satisfied. SIDE took the action without any requisite warrants or reasonable evidence; a tip-off was not enough to satisfy, so an imprisonment was unlawful since the beginning as they barred exit. No minimum time limit is specified for constituting of the action on false imprisonment, therefore 20 minute of detention or even less than that would still constitute an action for false imprisonment.There will be no relevant defenses since the action was unlawfully carried out, without any authorized license or statutory authority. So SIDE would be liable for false imprisonment; Richard can claim for nominal damages to signify the in fringement of his right and inconvenience without any forthcoming apology from SIDE; and aggravated damages for the injury of his dignity and feelings upon the false imprisonment.There is no evidence to suggest that Richard suffered any special loss; however, the conduct of SIDE was considered to be arbitrary, oppressive and unconstitutional, hence exemplary damages would be claimed People in Bar Aroma v State Immigration Department [SIDE] Referring to the definition, as followed concurrently with the false imprisonment of Richard, the liberty of people in Bar Aroma was deprived totally; which could be proved through the fact that Tony was not able to leave.Again, SIDE had no right to imprison people without any requisite warrants; hence an imprisonment was unlawfully carried out. SIDE may argue of people's unawareness at the time the action took place. However, a person could be imprisoned without his knowing it. And the residence of an official stationed at each door would reasona bly allow people to recognize the total restraint on their liberty. Based on the fact, the mean of escape exalters tongue ten sloe door; never, tens was not apparent; nonce It wall not De regarded as reasonable.So SIDE would be found to be liable for false imprisonment. The people would expect to recover no more than nominal damages due to their unawareness of falsely imprisoned condition and no actual harm suffered. The local people v State Immigration Department [SIDE] As previously defined, the elements of total restrained through unlawful conduct ere abundantly satisfied by barring the exit doors and without any requisite warrants. However, there is no false imprisonment where a person has consented to a restraint on liberty.It appeared that the local people were aware of the situation and of the purpose in which it was carried out. It was therefore determined that they had given implied consents which surrendered of a portion of their liberty for a certain period. If the cause of action is a restraint in accordance with that surrender, they cannot complain. Furthermore, by knowing the side door, there was a reasonable mean of escape. Hence, an action for false imprisonment might not lie.Rosins v Fred Referring to the definition, Fred intentionally blocked Rosin's way, which illustrated his unlawfulness by stopping her right from passing the way. However, on the same fact, Fred did not amount to a total restraint of Rosin's liberty, as she could go different directions in order to avoid Fried's contact; hence through merely obstructed the passage of Rosins in a particular direction and not preventing her from going in another direction, Fred will have a good defense to any claim in false imprisonment rough by Rosins.

Art, Science and Technology ( A Cabinet of Curiosities ) Essay

Art, Science and Technology ( A Cabinet of Curiosities ) - Essay Example This can be found in the Weisman Art Museum on the East Bank. While the title of this piece is Silent Music, it looks to me like a bookshelf with different shapes in each cell. Five of the objects I chose for my cabinet of curiosities may be grouped under the heading of â€Å"modernizing the traditional.† This is a suitable heading because these objects are based on traditional human tools which have played a specific function in human development. These objects have been modernized to portray a superfluous modern aesthetic which is entirely unnecessary for the object to function. The black hat, found in the Goldstein Museum has the same traditional function of all hats: it covers the head for warmth and protection. What makes this piece unique is the height, texture and shape. While a stocking cap would perform the same function as this beaver hat, this piece could be worn as a representation of social status, wealth or culture. Muslim males wear hats similar to this called Songkoks to social functions like weddings or funerals. New World fur traders may have worn these hats as evidence of their trade. The cultural significance of the Songkok or Fr ench beaver pelt overshadow the traditional role of other hats. The Eyeglass Sketches also have a traditional function which has been styled and designed. These glasses retain their function as medical devices that help humans see, but the superfluous aesthetic which makes a wearer look like Buddy Holly is a modern addition. Silent Music VII completely loses its function as a series of shelves because of the decorative contents of each box. The shapes which each shelf contains function provide an aesthetic touch which renders the actual shelves useless. The X-Ray tube is also robbed of its functionality because it exists outside of a medical center. It is not plugged in and it is not in the hands of medical professionals or physicists. Even though the tube is