Wednesday, October 30, 2019

Visitor management (Heritage sites) Essay Example | Topics and Well Written Essays - 2000 words

Visitor management (Heritage sites) - Essay Example tions are majorly designed with strategic tools and approaches to improve visitors’ experience within a particular heritage tourism site (Shackley, 2009). The primary objective of this study is to develop a critical understanding about the different types of strategic processes of managing visitors in global cultural heritage sites. In this regard, the essay tends to identify the strategic directions as well as different managing and controlling tools or approaches used by the organisations or managing committees to offer exceptional visiting experience to each group or individual customers in the heritage sites. In relation to the modern competitive scenario in the tourism business industry, the process of managing visitors especially in the heritage sites ranges from cultural to urban destinations. According to the recent visitation and conservation strategies of the global destinations, there are numerous objectives to why the process of visitor management has been recognising as an increasingly important area to be undertaken by the groups responsible to manage visitors in the heritage sites. World Heritage Sites (WHS) conserve an Outstanding Universal Value (OUV) with adequate authenticity and integrity that grasp the attention of the visitors irrespective of their geographical locations. Therefore, the WHS can be widely accepted as a core and the most valuable drivers in the tourism industry to generate major financial contribution in the global economy. In this regard, the key purpose of the management departments in the WHS is to ensure that the nominated properties are effectively p rotected for bringing major economic and socio-cultural development on the present and the future generation (Leask & Fyall, 2006). In relation to the recent changes in the pace of globalisation, an effective management of the WHS includes a strong cyclic process with long-term and day-to-day activities with the aim of protecting and conserving wellness of the nominated

Monday, October 28, 2019

Competition in Energy Drinks, Sports Drinks, and Vitamin-Enhanced Beverages Essay Example for Free

Competition in Energy Drinks, Sports Drinks, and Vitamin-Enhanced Beverages Essay The strength of these companies had been growing strong but had a slight decline in recent years. SWOT for the Industry Strength: Product Expansion – many new products have been developed Distribution Channels – Can use convenience stores, grocery stores Able to deliver with carbonated soft drinks Weakness: Price is high compared to soft drinks Unhealthy ingredients Caffeine is not regulated – like in soft drink industry Opportunity: Consumer demand Supplier Channels – ingredients, cans, labels Product Innovation – provides differentiation. Brand Loyalty – taste, image, energy boosting Brand building skills needed 2 oz. energy shots Threat: Economy Scientific evidence that some products are not healthy Effect people with heart arrhythmias and insomnia Mix with alcohol Relaxed Drink Niche – abuse with prescription cough syrup As we look at this SWOT analysis of the alternative beverage industry we notice that there are some opportunities that they have created and are able to use in the future. Consumers’ choices are changing from the standard soft drink to alternative beverages. The key is to be sustainable by building up these products. The main opportunity to help with sustainability is to build brand loyalty. Try building up the knowledge and uses of your brands will help you gain the skills needed to continue building the brand. Porter’s five-forces model reveals that the overall alternative beverage industry attractiveness is high. Some beverage companies, such as PepsiCo and Coca-Cola, have mastered the art of brand building in the alternative beverage market and have been rewarded with rapid growth rates. The rising population of health conscious consumers is increasingly leaning towards alternative beverages that are believed to offer greater health benefits. The strongest competitive force, or most important to strategy formulation, is the threat of entry of new competitors. Competitive pressure from rival sellers is high in the alternative beverage industry. The number of brands competing in sports drinks, energy drinks, and vitamin-enhanced beverage segments of the alternative beverage industry continue to grow each year. Both large and small vendors are launching new products and fighting for minimal retail shelf space. More and more consumers are moving away from traditional soft drinks to healthier alternative drinks. Demand is expected to grow worldwide as consumer purchasing power increases. Another strong competitive force is buyer bargaining power. Convenience stores and grocery stores have substantial leverage in negotiating pricing and slotting fees with alternative beverage producers due to the large quantity of their purchase. Newer brands are very vulnerable to buyer power because of limited space on store shelves. Top brands like Red Bull are almost always guaranteed space. This competitive force does not affect Coca-Cola or PepsiCo as much due to the variety of beverages the stores want to offer to the customer. As a result of this certain appeal, the two companies’ alternative beverage brands can almost always be found shelf space in grocery/convenience stores. Distributors, like restaurants, have less ability to negotiate for deep pricing discounts because of quantity limitations.

Saturday, October 26, 2019

Hablando de Inteligencia Exitosa (aprendizaje) :: essays research papers

Hablando de Inteligencia Exitosa by Dumar Là ³pez CONTORNO Tesis: La base del aprendizaje, se encuentra en la confrontacià ³n que se realice entre los conceptos propios y los ajenos, sustentados en fuentes verà ­dicas que proporcionen una informacià ³n exacta. Sin embargo, para el à ©xito se hace necesaria la correcta transicià ³n entre informacià ³n y conocimiento, que se logra dando significado propio a la primera. I. Trabajo en grupo #1: Ideas propias, no siempre la mejor opcià ³n 1) Descripcià ³n: a) Sin bases sà ³lidas. b) Auto didactismo. 2) à mbito cognoscitivo a) Aproximacià ³n al salà ³n de clase. II. Trabajo en grupo #2: Experiencia, distracciones y proposiciones 1) Descripcià ³n: a) Puntos de comportamiento. 2) à mbito cognoscitivo a) Los profesores como facilitadotes. b) Conformar conocimiento. III. Trabajo en grupo #3: El papel de las tecnologà ­as de la informacià ³n 1) Descripcià ³n: a) Útiles para la educacià ³n. b) En constante desarrollo. 2) à mbito cognoscitivo a) Mà ºltiples funciones del hipertexto y el chat. IV. Caracterà ­sticas del à ©xito: 1) Descripcià ³n: a) Confianza en sà ­ mismo. b) Parte de la inteligencia. 2) à mbito cognoscitivo a) Mentes creativas y prà ¡cticas. Hablando De Inteligencia Exitosa La base del aprendizaje se encuentra en la confrontacià ³n que se realice entre los conceptos propios y los ajenos, sustentados en fuentes verà ­dicas que proporcionen una informacià ³n exacta. Sin embargo, para el à ©xito se hace necesaria la correcta transicià ³n entre informacià ³n y conocimiento, que se logra dando significado propio a la primera. Primeramente, basado en experiencias propias afirmo que el trabajar solo y sin colaboracià ³n o pensamientos diferentes provoca el encasillamiento en ideas y conceptos en la mayorà ­a de las ocasiones errà ³neos. En este caso, no existe correccià ³n por alguien talvez mà ¡s experimentado o sapiente del tema a tratar. Personalmente, la aficià ³n por los computadores sà ­ funciona en estas ocasiones con las facilidades del hipertexto y el Chat permitiendo variados contrastes con ideas diferentes. Segundo, como afirman algunos autores tales como Klausmeier (1915), Vygotsky (1978), y Piaget (1950), el trabajar en un ambiente solitario aunque es efectivo para evitar distracciones, no es lo mejor para generar conocimiento. Por lo tanto, en determinadas situaciones estudiando solitariamente no se logra encadenar y dar un significado correcto a la informacià ³n. Finalmente, la palabra à ©xito siendo tan extensa no puede conformarse de una sola letra, sino del conjunto coherente de estas ademà ¡s de una tilde que genera su correcta pronunciacià ³n, a la tilde le proporcionamos el papel de la experiencia y a las demà ¡s letras, conceptos propios y ajenos. Asimismo, significa el porquà © de conformar la unidad (significado) a travà ©s del agrupamiento de algunas partes (conceptos). Para concluir, al compilar algunos conceptos junto a informacià ³n proporcionada por fuentes experimentadas con ideas propias se genera un texto coherente y no teà ³rico, demostrando lo que segà ºn Robert Sternberg (1997) serà ­a el producto de una â€Å"inteligencia prà ¡ctica y creativa† determinante del à ©xito.

Thursday, October 24, 2019

Clinical Analysis: One Flew over the Cuckoos Nest

This is strongly exhibited in the film, through nurse Ratchet's cold, dominating manner of inning of the ward. In the film Chiefs character is written off as deaf & dumb by both the staff and other patients, he often appears catatonic. Broaden does not participate In the therapy circle and appears to be only treated regularly through drugs. He Is presented In the story as a patient with the longest tenure at the institution. The film also alludes to him having had large numbers of shock treatments during his stay.In the novel his character is described as having paranoid hallucinations of dense overwhelming fog generated by The Combine, a massive piece of machinery that intros people. The Chief isolates himself through his facade of being deaf and dumb. Eventually when Macarthur is able to get him to speak, the Chief reveals a story about his father being â€Å"worked on† by society. When he opens up, the Chief also lets on that he appears to see people as either big or small, he views people of confidence and strong spirit as large.The Chief describes himself as a small man, his perception of himself speaks of feelings of weakness or low self efficacy and depression. To properly diagnose Broaden today, a Callahan Is likely to conduct preliminary ABA work & tests to rule out other possible causes for the schizophrenia like symptoms. A clinician would test him for commonly abused drugs that cause schizophrenia like symptoms for example, & conduct a basic physical to rule out medical illnesses that may be causing these symptoms as well as review medical history.A clinician would take note of Broadens very apparent symptoms of Psychosis: marked by hallucinations & delusions (The Combine), disturbances in sensory perception (the fog strongly held personal beliefs (The Combine controls people, reception of people as either being small or big) as well as emotional expression (his blunted flat affect, even when speaking to Macarthur ( speech Is flat, monotone & lacking in signs of typical emotion).A clinician would also pickup on less obvious thinking behavior problems (in this case voluntary lack of speech). They would also need to determine whether Bromide's prolonged depressed mood is a symptom of schizophrenia or one of major depressive disorder or bipolar disorder. Psychosocial treatments would include: rehabilitation, individual psychotherapy, Emily education, self help & support groups and antispasmodic drugs. Social and vocational training would be administered early on after the antispasmodic medication has been administered.As it deals with the immediate issues of isolation and helps teach the individual how to readjust to life outside of the sheltered/ controlled environment of a hospital setting, rehabilitation would be an integral step in eventually returning to life in the outside world. In the film Broaden appears to benefit greatly from forced social interaction with Macarthur. Macrographs character takes on the role of th erapist with The Chief. He treats Broaden with respect and speaks to him instead of at him, which creates a bond of trust.Macarthur also takes the time to involve Broaden in social activities like conversations and group activities (basketball games). The scene where Broaden successfully dunks the ball in the game against the orderlies exhibits the great effect of these simple therapeutic exercises. At the end of this scene Broaden no longer moves at a slow & sluggish pace, appears to come out of his catatonic state and even wows a change in affect with appropriate smiling after scoring in the game.Receiving personal social attention, as well as being involved in the basketball game seems to do wonders for Broaden' isolation & self efficacy issues. Individual psychotherapy would involve regularly scheduled talks between the patient and therapist, to focus on current or past feelings, problems and experiences. Regular interaction with an empathetic person could guide the patient into a more grounded state and put them in touch with the outside world/reality. Problem solving ND coping skills could be learned from reality based therapeutic exercises.As patients are often released and into the care of family members, it is important that they are educated on schizophrenia, relapse prevention & troubleshooting. Learned coping problem solving skills could result in a more successful outcome of care and readjustment of their family member. Self help and support groups would be used to provide mutual support and continued safe & empathetic social outlet for the patient. Patient support groups allow the patient to develop a sense of community with other patients as well as a resource of growth and learning from the sense that they are not alone in their condition.In a way Macarthur follows the psychosocial treatment pattern with The Chief, who at the end of the movie describes the way he perceives himself as â€Å"big as a damn mountain† and has developed proble m solving skills, clearly resolved his self able to make the decision to and accomplish escaping the ward. This comes in stark contrast to the methods exhibited by Nurse Ratchet that focused on maintaining control of the patients, & order of the institution, with a disregard for support/care of the progress of the individual patient.

Wednesday, October 23, 2019

Case Laws for Commercial Laws

LGEAL PERSONALITY Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company, the proper claimant is the company itself. This is known as â€Å"the rule in Foss v Harbottle†, and the several important exceptions that have been developed are often described as â€Å"exceptions to the rule in Foss v Harbottle†. Amongst these is the ‘derivative action', which allows a minority shareholder to bring a claim on behalf of the company. This applies in situations of ‘wrongdoer control' and is, in reality, the only true exception to the rule. The rule in Foss v Harbottle is best seen as the starting point for minority shareholder remedies Judgement The court dismissed the claim and held that when a company is wronged by its directors it is only the company that has standing to sue. In effect the court established two rules. Firstly, the â€Å"proper plaintiff rule† is that a wrong done to the company may be vindicated by the company alone. Secondly, the â€Å"majority rule principle† states that if the alleged wrong can be confirmed or ratified by a of members in a general meeting, then the court will not interfere, Edwards v Halliwell [1950] 2 All ER 1064 is a UK labour law and UK company law case about the internal organisation of a trade union, or a company, and litigation by members to make an executive follow the organisation's internal rules Some members of the National Union of Vehicle Builders sued the executive committee for increasing fees. Rule 19 of the union constitution required a ballot and a two third approval level by members. Instead a delegate meeting had purported to allow the increase without a ballot. Jenkins LJ granted the members' application. He held that under the rule in Foss v Harbottle the union itself is prima facie the proper plaintiff and if a simple majority can make an action binding, then no case can be brought. But there are exceptions to the rule. First, if the action is ultra vires a member may sue. Second, if the wrongdoers are in control of the union's right to sue there is a â€Å"fraud on the minority†, and an individual member may take up a case. Third, as pointed out by Romer J in Cotter v National Union of Seamen[1] a company should not be able to bypass a special procedure or majority in its own articles. This was relevant here. And fourth, as here, if there is an invasion of a personal right. Here it was a personal right that the members paid a set amount in fees and retain Salomon v A Salomon ; Co Ltd [1897] AC 22 is a landmark UK company law case. The effect of the Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders to pay up outstanding debts. membership as they stood before the purported alterations. Facts Mr Aron Salomon made leather boots and shoes in a large Whitechapel High Street establishment. He ran his business for 30 years and â€Å"he might fairly have counted upon retiring with at least ? 10,000 in his pocket. † His sons wanted to become business partners, so he turned the business into a limited company. His wife and five eldest children became subscribers and two eldest sons also directors. Mr Salomon took 20,001 of the company's 20,007 shares. The price fixed by the contract for the sale of the business to the company was ? 9,000. According to the court, this was â€Å"extravagent† and not â€Å"anything that can be called a business like or reasonable estimate of value. † Transfer of the business took place on June 1, 1892. The purchase money the company paid to Mr Salomon for the business was ? 20,000. The company also gave Mr Salomon ? 10,000 in debentures (i. e. , Salomon gave the company a ? 10,000 loan, secured by a charge over the assets of the company). The balance paid went to extinguish the business's debts (? ,000 of which was cash to Salomon). Soon after Mr Salomon incorporated his business a series of strikes in the shoe industry led the government, Salomon's main customer, to split its contracts among more firms (the government wanted to diversify its supply base to avoid the risk of its few suppliers being crippled by strikes). His warehouse was full of unsold stock. He and his wife lent the company money. He cancelled his debentures. But the company needed more money, and they sought ? 5,000 from a Mr Edmund Broderip. He assigned Broderip his debenture, the loan with 10% interest and secured by a floating charge. But Salomon's business still failed, and he could not keep up with the interest payments. In October 1893, Mr Broderip sued to enforce his security. The company was put into liquidation. Broderip was repaid his ? 5,000, and then the debenture was reassigned to Salomon, who retained the floating charge over the company. The company's liquidator met Broderip's claim with a counter claim, joining Salomon as a defendant, that the debentures were invalid for being issued as fraud. The liquidator claimed all the money back that was transferred when the company was started: rescission of the agreement for the business transfer itself, cancellation of the debentures and repayment of the balance of the purchase money. Lee v Lee’s Air Farming Ltd [1961] AC 12 is a UK company law case, concerning the veil of incorporation and separate legal personality. The Privy Council reasserted that a company is a separate legal entity, so that a director could still be under a contract of employment with the company he solely owned. Facts Mrs Lee’s husband formed the company through Christchurch accountants, which worked in Canterbury, New Zealand. It spread fertilisers on farmland from the air, known as top dressing. Mr Lee held 2999 of 3000 shares, was the sole director and employed as the chief pilot. He was killed in a plane crash. Mrs Lee wished to claim under the Workers’ Compensation Act 1922, and he needed to be a ‘worker’, or ‘any person who has entered into or works under a contract of service†¦ with an employer†¦ whether remunerated by wages, salary or otherwise. The company was insured (as required) for worker compensation. The Court of Appeal of New Zealand said Lee could not be a worker when he was in effect also the employer. North J said[1] â€Å"the two offices are clearly incompatible. There would exist no power of control and therefore the relationship of master-servant was not created. ADVICE The Privy Council advised that Mrs Lee was entitled to co mpensation, since it was perfectly possible for Mr Lee to have a contract with the company he owned. The company was a separate legal person. Lord Morris of Borth-y-Gest said It was never suggested (nor in their Lordships’ view could it reasonably have been suggested) that the company was a sham or a mere simulacrum. It is well established that the mere fact that someone is a director of a company is no impediment to his entering into a contract to serve the company. If, then, it be accepted that the respondent company was a legal entity their Lordships see no reason to challenge the validity of any contractual obligations which were created between the company and the deceased†¦ It is said that the deceased could not both be under the duty of giving orders and also be under the duty of obeying them. But this approach does not give effect to the circumstance that it would be the company and not the deceased that would be giving the orders. Control would remain with the company whoever might be the agent of the company to exercise†¦ There appears to be no great difficulty in holding that a man acting in one capacity can make a contract with himself in another capacity. The company and the deceased were separate legal entities. Perpetual Real Estate Services, Inc. v. Michaelson Properties Facts Aaron Michaelson formed Michaelson Properties, Inc in 1981. Aaron was the sole shareholder and the corporation's president. It was a business for real estate joint ventures. It entered a joint venture with Perpetual Real Estates (forming a partnership called â€Å"Arlington Apartment Associates†) to build condominiums. As they were building, further finance was needed. Michaelson Properties Inc could not put up its share, so Perpetual loaned it $1. 05m, and got a personal guarantee from Aaron. The apartments did not turn out to be built that well. Purchasers sued the partnership successfully for $950,000. Perpetual Real Estates paid it off on the partnership's behalf. Then they sought Michaelson Properties Inc to contribute its share. It did not have the money, and went bust. So they sued Aaron to pay. He argued that Michaelson Properties, Inc was a separate legal person to him, and it was inappropriate to pierce the corporate veil. At first instance the jury held Aaron should pay. Aaron appealed. Judgment Wilkinson J noted that Virginia law had assiduously upheld the â€Å"vital economic policy† of respecting a corporation as a separate legal entity, since it underpinned the operation of vast enterprises. He emphasised that the veil would only be lifted where a defendant exercises â€Å"undue domination and control† and uses the corporation as â€Å"a device or sham†¦ to disguise wrongs, obscure fraud, or conceal crime. â€Å"[1] He said the description of the law which the jury had heard was in a â€Å"rather soggy state† and emphasised that it was not enough that â€Å"an injustice or fundamental unfairness† would be perpetrated. â€Å"The fact,† he continued, â€Å"that limited liability might yield results that seem â€Å"unfair† to jurors unfamiliar with the function of the corporate form cannot provide a basis for piercing the veil. Because there was no evidence that Aaron was attempting to defraud anybody, the veil could not be lifted. There was no â€Å"unfair siphoning of funds† when Aaron paid himself a dividend, because distribution was entirely foreseeable when the money was given, and the distribution happened well before any suit was filed. The fact that Aaron had given personal guarantees strengthened the corporate veil presumption, because the transactions recognized it existed. Veil lifting by the courts (1) Where company is a Sham or Facade Adams v Cape Industries English law has suggested a court can only lift the corporate veil when (1) construing a statute, contract or other document; (2) if a company is a â€Å"mere facade† concealing the true facts, or (3) when a subsidiary company was acting as an authorised agent of its parent, and apparently not so just because â€Å"justice requires† or to treat a group of companies as a single economic unit, in the case of tort victims, the House of Lords suggested a remedy would in fact be available. In Lubbe v Cape plc[1] Lord Bingham held that the question of proving a duty of care being owed between a parent company and the tort victims of a subsidiary would be answered merely according to standard principles of negligence law: generally whether harm was reasonably foreseeable. the decision in Yukong Line Ltd of Korea v Rendsburg Investment Corpn of Liberia (No 2) [1998] 2 BCLC 485 was timely in pointing out that creditors have no standing, individually or collectively to bring an action in respect of any such duty. Toulson J, held that a director of an insolvent company who, in breach of duty to the company, transferred assets beyond the reach of its creditors owed no corresponding fiduciary duty to an individual creditor of the company. The appropriate means of redress was for the liquidator to bring an action for misfeasance (the Insolvency Act 1986, section 212). ?Notwithstanding the logistical issue of locus standi raised by Toulson J. the question of directors’ duties to creditors again emerged in two recent decisions of the Companies Court 2) Where the company is used for a fraudulent purpose Sri Jaya Berhad v RHB Berhad The courts in Singapore thus far have been reluctant to pierce the corporate veil when called upon to do so and indicated that they would only exercise their power when called upon to do so sparingly . Re Darby, ex parte Brougham [1911] 1 KB 95 is a UK company law case concerning piercing the corporate veil. It is a clear example of the courts ignoring the veil of incorporation where a company is used to conceal a fraudulent operation. Facts Darby and Gyde were undischarged bankrupts with convictions for fraud. They registered a company called City of London Investment Corporation Ltd (LIC) in Guernsey. It had seven shareholders and issued ? 11 of its nominal capital of ? 100,000. Darby and Gyde were the only directors and entitled to all profits. The company purported to register and float a company in England called Welsh Slate Quarries Ltd, for ? 30,000. It bought a quarrying licence and plant for ? 3500 and sold this to WSQ for ? 18,000. The prospectus invited the public to take debentures in WSQ. It stated the name of LIC, but not Darby and Gyde, or the fact that they would receive the profit on sale. WSQ failed and went into liquidation. The liquidator claimed Darby’s secret profit, which he made as a promoter. Darby objected that the LIC and not him was the promoter. Judgment Phillimore J rejected the argument. LIC ‘was merely an alias for themselves just as much as if they had announced in the Gazette that they were in future going to call themselves ‘Rothschild ; Co’. They were ‘minded to perpetrate a very great fraud’ __________________________ Creation of Agency (1) Actual Authority The doctrine of estoppel comes into play here to prevent a principal from asserting to a third party that the agent has authority when in fact he does not, and then subsequently the principal seeks to renege on an agreement on the basis that the agent never had actual authority. In law, apparent authority refers to the authority of an agent as it appears to others,[3] and it can operate both to enlarge actual authority and to create authority here no actual authority exists. [4] The law relating to companies and to ostensible authority are in reality only a sub-set of the rules relating to apparent authority and the law of agency generally, but because of the prevalence of the issue in relation to corporate law (companies, being artificial persons, are only ever able to act at all through their human agents), it has developed its own specific body of cas e law. However, some jurisdictions use the terms interchangeably. In Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 the director in question managed the company's property and acted on its behalf and in that role employed the plaintiff architects to draw up plans for the development of land held by the company. The development ultimately collapsed and the plaintiffs sued the company for their fees. The company denied that the director had any authority to employ the architects. The court found that, while he had never been appointed as managing director (and therefore had no actual authority, express or implied) his actions were within his ostensible authority and the board had been aware of his conduct and had acquiesced in it. Diplock LJ identified four factors which must be present before a company can be bound by the acts of an agent who has no authority to do so; it must be shown that: 1. a representation that the agent had authority to enter on behalf of the company into a contract of the kind sought to be enforced was made to the contractor; 2. uch a representation was made by a person or persons who has ‘actual' authority to manage the business of the company, either generally or in respect of those matters to which the contract relates; 3. the contractor was induced by such representation to enter into the contract, i. e. that he in fact relied upon it; and 4. under its memorandum or articles of association the company was not deprived of the capacity either to enter into a contract of the kind sought to be enforced or to delegate authority to enter into a contract of that kind to an agent. The agent must have been held out by someone with actual authority to carry out the transaction and an agent cannot hold himself out as having authority for this purpose. [5] The acts of the company as principal must constitute a representation (express or by conduct) that the agent had a particular authority and must be reasonably understood so by the third party. In determining whether the principal had represented his agent as having such authority, the court has to consider the totality of the company's conduct. 6] The most common form of holding out is permitting the agent to act in the conduct of the company's business, and in many cases this is inferred simply from allowing the agent to use a particular title, such as ‘finance director'. The apparent authority must not be undermined by any limitations on the company's capacity or powers found in the memorandum or articles of association, although in many countries, the effect of this is reduced by company law reforms abo lishing or restricting the application of the ultra vires doctrine to companies. 7] However, statutory reforms do not affect the general principle that a third party cannot rely upon ostensible authority where it is aware of some limitation which prevents the authority arising, or is put on enquiry as to the extent of an individual's authority. [8] In some circumstances, the very nature of a transaction would be held to put a person on enquiry. Facts Lord Suirdale (Richard Michael John Hely-Hutchinson) sued Brayhead Ltd for losses incurred after a failed takeover deal. The CEO, chairman and de facto managing director of Brayhead Ltd, Mr Richards, had guaranteed repayment of money, and had indemnified losses of Lord Suirdale in return for injection of money into Lord Suirdale's company Perdio Electronics Ltd. Perdio Ltd was then taken over by Brayhead Ltd and Lord Suirdale gained a place on Brayhead Ltd's board, but Perdio Ltd's business did not recover. It went into liquidation, Lord Suirdale resigned from Brayhead Ltd’s board and sued for the losses he had incurred. Brayhead Ltd refused to pay on the basis that Mr Richards had no authority to make the guarantee and indemnity contract in the first place. Roskill J held Mr Richards had apparent authority to bind Brayhead Ltd, and the company appealed. That has been done in the judgments of this court in Freeman ; Lockyer v Buckhurst Park Properties (Mangal) Ltd. [1] It is there shown that actual authority may be express or implied. It is express when it is given by express words, such as when a board of directors pass a resolution which authorises two of their number to sign cheques. It is implied when it is inferred from the conduct of the parties and the circumstances of the case, such as when the board of directors appoint one of their number to be managing director. They thereby impliedly authorise him to do all such things as fall within the usual scope of that office. Actual authority, express or implied, is binding as between the company and the agent, and also as between the company and others, whether they are within the company or outside it. Ostensible or apparent authority is the authority of an agent as it appears to others. It often coincides with actual authority. Thus, when the board appoint one of their number to be managing director, they invest him not only with implied authority, but also with ostensible authority to do all such things as fall within the usual scope of that office. Other people who see him acting as managing director are entitled to assume that he has the usual authority of a managing director. But sometimes ostensible authority exceeds actual authority. For instance, when the board appoint the managing director, they may expressly limit his authority by saying he is not to order goods worth more than ? 00 without the sanction of the board. In that case his actual authority is subject to the ? 500 limitation, but his ostensible authority includes all the usual authority of a managing director. The company is bound by his ostensible authority in his dealings with those who do not know of the limitation. He may himself do the â€Å"holding-out. † Thus, if he orders goods worth ? 1,000 and signs himself â€Å"Managin g Director for and on behalf of the company,† the company is bound to the other party who does not know of the ? 00 limitation (2) Apparent Authority An ‘apparent’ or ‘ostensible’ authority, on the other hand, is a legal relationship between the principal and the contractor created by a representation, made by the principal to the contractor, intended to be and in fact acted upon by the contractor, that the agent has authority to enter on behalf of the principal into a contract of a kind within the scope of the ‘apparent’ authority, so as to render the principal liable to perform any obligations imposed upon him by such contract. To the relationship so created the agent is a stranger. He need not be (although he generally is) aware of the existence of the representation but he must not purport to make the agreement as principal himself. The representation, when acted upon by the contractor by entering into a contract with the agent, operates as an estoppel, preventing the principal from asserting that he is not bound by the contract. It is irrelevant whether the agent had actual authority to enter into the contract. In ordinary business dealings the contractor at the time of entering into the contract can in the nature of things hardly ever rely on the ‘actual’ authority of the agent. His information as to the authority must be derived either from the principal or from the agent or from both, for they alone know what the agent’s actual authority is. All that the contractor can know is what they tell him, which may or may not be true. In the ultimate analysis he relies either upon the representation of the principal, that is, apparent authority, or upon the representation of the agent, that is, warranty of authority. The representation which creates ‘apparent’ authority may take a variety of forms of which the commonest is representation by conduct, that is, by permitting the agent to act in some way in the conduct of the principal’s business with other persons. By so doing the principal represents to anyone who becomes aware that the agent is so acting that the agent has authority to enter on behalf of the principal into contracts with other persons of the kind which an agent so acting in the conduct of his principal’s business has usually ‘actual’ authority to enter into. | First International v Hungarian International Bank| An agent who had no apparent authority to conclude a transaction might nevertheless have apparent authority to make representations of fact concerning it, such as the fact that his principal had given the necessary approval for it. The Court of Appeal dismissed an appeal by the defendant, Hungarian International Bank Ltd, and upheld a decision of Judge Michael Kershaw QC, sitting as a deputy High Court judge in the Commercial Court on 23 October 1991, giving judgment for the plaintiff, First Energy (UK) Ltd. The case concerned an alleged contract under which the defendant was to provide the plaintiff with business finance. One of the issues was whether the defendant's agent had ostensible authority to communicate the offer upon which the contract was based. The judge held that he did, and that the plaintiff accepted that offer, so creating the contract. Mary Arden QC and Michael Todd (Chaffe Street, Manchester) for the defendant; Giles Wingate-Saul QC and Andrew Sander (Davies Arnold Cooper) for the plaintiff. LORD JUSTICE STEYN said a theme that ran through the law of contract was hat the reasonable expectations of honest men must be protected. It was not a rule or principle of law. But if the prima facie solution to a problem ran counter to reasonable expectations of honest men, this criterion sometimes required a rigorous re-examination of the problem to ascertain whether the law did compel demonstrable unfairness. In the present case, if their Lordships were to accept the implication s which the defendant had placed on observations of the House of Lords in Armagas Ltd v Mundogas SA (1986) 1 AC 717, it would frustrate the reasonable expectations of the parties. The plaintiff's case was that the defendant's agent, while not authorised to enter into the transaction, did have ostensible authority to communicate his head office's approval of the financing facility. He had sent the plaintiff a letter to this effect, which the judge held amounted to an offer capable of acceptance by the plaintiff. The law recognised that in modern commerce an agent who had no apparent authority to conclude a particular transaction might sometimes be clothed with apparent authority to make representations of fact. A decision that the agent did not have such authority would defeat the reasonable expectation of the parties. It would also fly in the face of the way in which in practice negotiations were conducted between trading banks and trading customers who sought commercial loans. RATIFICATION The agent whose act is sought to be ratified must have purported to act for the principal: Keighley, Maxstead ; Co v Durant [1901, UK], endorsed by Crowder v McAlister [1909, Qld] per Cooper CJ – â€Å"There can be no ratification of a contract by a person sought to be made liable as a principal, unless the person who made the contract professed to be acting on behalf of the other at the time. Keighley, Maxstead ; Co v Durant [1901, UK]: An agent had authority to purchase grain up to a particular price. Ended up contracting to pay too much, KMCo first decide to ratify, then change their minds. Problem was that the contract was in the name of the agent and of D. D sues, but loses. a. At the time the act was done the agent must have had a competent principal: Corporations Law – s 131(1). b. At the time of ratification the principal must be legally capable of doing the act himself. c. The principal must have full knowledge of all material facts relating to the act to be ratified. Ratification must take place within a reasonable time of the agent’s act unless the contract stipulates another more specific timeframe. The principal has no right to see if market conditions improve, or similar, before ratifying: Prince v Clark (1823). Ratification: entering into an unauthorised contract The principles of ratification Where an agent enters into an unauthorised contract, the principle may be happy to adopt it. This can be done by the process of ratification. For ratification to be available, however, the agent must purport to act on behalf of a principle, the principle must be in existence at the time of the contract, and the principle must have capacity. The agent must purport to act on behalf of a principle Because the agent must purport to be acting on behalf of another, ratification is not available where the principle is undisclosed. The third party must know that there is, or is supposed to be, a principle in the background. If the third party thinks that the agent is acting on his or her own account, no later ratification will be possible. The principle must be in existence at the time of the contract The second requirement for ratification, that is, that the principle is in existence at the time of ratification, arises mainly in relation to contracts made on behalf of new companies which are being formed. In Kelner v Baxter, it was held that if the company was not existence (in that it had not been incorporated) at the time of the contract, it could not later ratify the agreement. The purported ‘agents’, the promoters of the company, were therefore personally liable. Such personal liability is now imposed by statute, by virtue of s 36C of the Companies Act 1985. The principle must have capacity The final requirement is that the principle must have capacity. There are in theory two aspects to this rule. The first rule is that the principle must have capacity to make the transaction at the time of the contract. This has most obvious relevance to minors, who want to ratify after reaching majority. It could also apply to contracts made outside the powers of a company. The second aspect is that the principle must have capacity at the time of ratification. This was applied in Grover and Grover Ltd v Matthews. A contract of fire insurance was purported to be ratified after a fire had destroyed the property which was the subject of the insurance. It was held that this was ineffective because at the time of the purported ratification the principle could not have made the contract himself (because the property no longer existed). ‘Capacity’ is thus being given a rather broader meaning than usual, to cover the issue as to whether the principle would have in practice been able to make the contract in question. Ratification is retrospective in its effect, and the original contract must be treated as if it had been authorised from the start. This was confirmed by the Court of Appeal in Presentaciones Musicales SA v Secunda. The implications of this rule are clear from the decision in Bolton Partners v Lambert. Bolton Partners owned a factory, which Lambert offered to buy. This offer was accepted by the managing director, though in fact he had no authority to do this. On 13 January, there was a disagreement, and Lambert withdrew his offer. On 17 January, Bolton Partners started proceedings for breach of contract. On 28 January, the Board of Directors of Bolton Partners ratified the actions of the managing director. Lambert argued that this ratification came too late, but the Court of Appeal held that it had retrospectively validated the original contract, and that Lambert’s attempt to withdraw was therefore ineffective. INDOOR MANAGEMENT RULE and LIABLITY OF CRIMINAL and TORTOUS ACTS Royal British Bank v Turquand (1856) 6 E;B 327 is a UK company law case that held people transacting with companies are entitled to assume that internal company rules are complied with, even if they are not. This â€Å"indoor management rule† or the â€Å"Rule in Turquand's Case† is applicable in most of the common law world. It originally mitigated the harshness of the constructive notice doctrine, and in the UK it is now supplemented by the Companies Act 2006 sections 39-41. The rule in Turquand's case was not accepted as being firmly entrenched in law until it was endorsed by the House of Lords. In Mahony v East Holyford Mining Co[1] Lord Hatherly phrased the law thus: When there are persons conducting the affairs of the company in a manner which appears to be perfectly consonant with the articles of association, those so dealing with them externally are not to be affected by irregularities which may take place in the internal management of the company. So, in Mahoney, where the company's articles provided that cheques should be signed by any two of the three named directors and by the secretary, the fact that the directors who had signed the cheques had never been properly appointed was held to be a matter of internal management, and the third parties who received those cheques were entitled to presume that the directors had been properly appointed, and cash the cheques. The position in English law is now superseded by section 40 of the Companies Act 2006,[2] but the Rule in Turquand's Case is still applied throughout many common law jurisdictions in the Commonwealth. According to the Turquand rule, each outsider contracting with a company in good faith is entitled to assume that the internal requirements and procedures have been complied with. The company will consequently be bound by the contract even if the internal requirements and procedures have not been complied with. The exceptions here are: if the outsider was aware of the fact that the internal requirements and procedures have not been complied with (acted in bad faith); or if the circumstances under which the contract was concluded on behalf of the company were suspicious. However, it is sometimes possible for an outsider to ascertain whether an internal requirement or procedure has been complied with. If it is possible to ascertain this fact from the company's public documents, the doctrine of disclosure and the doctrine of constructive notice will apply and not the Turquand rule. The Turquand rule was formulated to keep an outsider's duty to inquire into the affairs of a company within reasonable bounds, but if the compliance or noncompliance with an internal requirement can be ascertained from the company's public documents, the doctrine of disclosure and the doctrine of constructive notice will apply. If it is an internal requirement that a certain act should be approved by special resolution, the Turquand rule will therefore not apply in relation to that specific act, since a special resolution is registered with Companies House (in the United Kingdom), and is deemed to be public information. Liability In English law, a corporation can only act through its employees and agents so it is necessary to decide in which circumstances the law of agency or vicarious liability will apply to hold the corporation liable in tort for the frauds of its directors or senior officers. If liability for the particular tort requires a state of mind, then to be liable, the director or senior officer must have that state of mind and it must be attributed to the company. In Meridian Global Funds Management Asia Limited v. Securities Commission [1995] 2 AC 500, two employees of the company, acting within the scope of their authority but unknown to the directors, used company funds to acquire some shares. The question was whether the company knew, or ought to have known that it had acquired those shares. The Privy Council held that it did. Whether by virtue of their actual or ostensible authority as agents acting within their authority (see Lloyd v Grace, Smith ; Co. [1912] AC 716) or as employees acting in the course of their employment (see Armagas Limited v Mundogas S. A. [1986] 1 AC 717), their acts and omissions and their knowledge could be attributed to the company, and this could give rise to liability as joint tortfeasors where the directors have assumed responsibility on their own behalf and not just on behalf of the company. So if a director or officer is expressly authorised to make representations of a particular class on behalf of the company, and fraudulently makes a representation of that class to a Third Party causing loss, the company will be liable even though the particular representation was an improper way of doing what he was authorised to do. The extent of authority is a question of fact and is significantly more than the fact of an employment which gave the employee the opportunity to carry out the fraud.

Tuesday, October 22, 2019

General Patton essays

General Patton essays General Patton was one of the greatest commanders in World War 2. George Smith Jr. Patton was born in San Gabriel, California on November 11, 1885. His parents were George Patton and Ruth Wilson. Patton was in a family of distinguished soldiers. Patton as a little boy wanted to become a hero. When his dad Read to him about ancient Greece, Patton would always dream about being a big hero as his favorites Homer, Iliad, and Odyssey. He was a smart boy Patton at the age seven he had learned how to read maps. Unusual for a normal child, though Patton didnt read words until he was twelve. Later he was sent to Stephen Cutter Clarks Classical School, where he caught up on all the missed work. He always wanted to go to West Point, to reach all his goals as a general. There were no openings so he had to attend a Military Institute in Virginia. As soon as there was an opening at West Point, he jumped for the opportunity. There in west Point he played football. While playing football he, suffered from broken nose and arms. He was a great athlete. In 1909 he graduated, ranked 46th out of 103. Later in that same year he met Bee Ayer and married her. Soon afterward, in 1942 he commanded for one year in World War 2. Patton and his anger got him delayed until August for slapping a soldier in 1944. That same year he was promoted to be the permanent rank of major general in 1944, he was also given command of the 3rd Army. He was removed in October 1945 to take control of the U.S 15th Army. Also in July 1943 he commanded the 7th Army invasion. Through all his wars and armies he got the name of Old Blood and Guts because of all his tough language. In 1942 1943 North African campaign was against Field Marshal Pommels forces in Tunisia. His help liberated five towns in just a month. General Patton was a great Man for all the battles he fought during his ...

Monday, October 21, 2019

Parents Roll in Preventing Child Obesity

Parents Roll in Preventing Child Obesity Free Online Research Papers Sadly, child obesity has become one of the major health problems world wide. As I began my research, there was no doubt in my mind that proving the parent’s lack of taking responsibility for the health of their children was going to be an easy point to prove. As I dug deeper and deeper, I found that I was quite wrong, and that it is unfair to place blame on the parents alone when there are so many other factors that have to be considered first. There have been actual cases, that will be mentioned later in this paper, where parents have been charged with felony charges and faced up to 15 years behind bars before authorities even considered the possibilities that there could be health issues within the individual that suffers from obesity that are beyond the control of the parents or the child. (Dolgoff 2010). Is breaking up a family, or parents being sentenced to prison the answer to solving the growing problem of child obesity? I think not. March 23-A South Carolina woman was charged with 2 felony charges of neglect as her 14 year old reached an outrageous weight of 555lbs. (Dolgoff 2010). My first initial response to that was to immediately blame the mother and father allowing this to happen. Apparently, it was the same initial thought of authorities as well. Who’s to say that this 14 year old did not have other health issues leading to being obese? Where do we draw the line when it comes to charging the parents for neglect when there could actually be an unknown genetic abnormality within an individual? Some individuals are deficient (or resistant to) the effects of a protein called leptin. Leptin is what tells our brain that we are full and no longer need to eat. (Dolgoff 2010). It has been shown in studies with mice that when having such deficiency, it is possible to never have the feeling of â€Å"being full† and always remain hungry resulting in overeating and in turn becoming obese. How is it possible to place blame on one’s parents before knowing for sure that a child does not suffer from this genetic abnormality? I feel that the topic I have researched is so important because of the number of children growing up with low self-esteem, children who are picked on, and judged by their peers, suffer from isolation, low school attendance, along with the dangers of future health problems. In my research, I give examples of why it is or is not fair to place blame on parents of obese children, especially when it comes to children that attend school daily. Although it is the parents’ obligation to see that they are meeting the needs of their child’s nutritional intake in the home, it is out of their control as to what they are eating outside of the home. How is a parent to know that the money that is sent with their child to buy a turkey sandwich is not spent buying ice cream and a soda instead? It is easy for a child that goes to school every day to have access to food that can be a factor in their weight gain, but if a child has not grown up with junk food readily available on a daily basis in the home (since birth), it is not likely for that child to crave or desire the junk food away from the home. Below are a few important, simple, yet so significant things that were listed by several of the researchers that parents can do to prevent their child from becoming overweight: Pay attention to your child. Show them that you care and let them know that they are important. (Lissau I, Sorensen 1994). Don’t use food as a comfort measure. (Burch H. 1973). Don’t closely monitor the amounts your child eats ornag your child to eat at mealtime. This can interfere with your child’s response to hunger and feeling full. The two most important basis for healthy eating behaviors. Don’t focus on the weight. Instead, focus on healthy living: good eating habits physical activity. Girls whose moms were worried that their daughter would be overweight were more likely to have abnormal eating behaviors. (Epstein LH, Myers MD, Raynor HA, Saelens BE 1998). Gayatri Chatrath, a nutritionist at the Centre for Dietary Counseling, also feels that a diet plan for children should not be rigid or else there are chances they wont stick to it. (Mail Today 2009). Ana Lindsay, Katarina Sussner, Juhee Kim, and Steven Gortmaker argue that interventions aimed at preventing childhood overweight and obesity should involve parents as important forces for change in their childrens behaviors. They begin by reviewing evidence on how parents can help their children develop and maintain healthful eating and physical activity habits, thereby ultimately helping prevent childhood overweight and obesity. They show how important it is for parents to understand how their roles in preventing obesity change as their children move through critical developmental periods, from before birth and through adolescence. (Bosely 2010) Researchers, policymakers, and practitioners should also make use of such information to develop more effective interventions and educational programs that address childhood obesity right where it startsat home. Evaluating school-based obesity-prevention interventions that include components targeted at parents is on the rise. Although much research has been done on how parents shape their childrens eating and physical activity habits, surprisingly few high-quality data exist on the effectiveness of such programs. Programs and cost-effectiveness studies aimed at improving parents ability to shape healthful eating and physical activity behaviors in their children are also on the rise. Preventing and controlling childhood obesity will require multifaceted and community-wide programs and policies, with parents having a critical role to play. Successful intervention efforts must involve and work directly with parents from the earliest stages of child development to support healthful p ractices both in and outside of the home. (ERIC 2006). In one early study, Hughes and colleagues worked with data from 718 low-income Black, White, or Hispanic parents of 3- to 5-year-old preschoolers in Texas and Alabama. Parents filled out Hughess feeding-styles questionnaire. Kids heights and weights were measured to determine their BMI, or body mass index-an indicator of body fatness. Among other findings, the team determined that the indulgent feeding style was significantly associated with higher child BMI. Hughes, along with Theresa A. Nicklas of the Houston center and other co-investigators, documented the study in a 2008 article in the Journal of Developmental and Behavioral Pediatrics. Hughes also collaborated in another analysis of data from the same volunteers. For that study, led by Michigan State University nutrition researcher Sharon O. Hoerr, scientists scrutinized the relation between feeding styles and how much of a given type of food kids ate-between 3 p.m. and bedtime-on three different days. In an article published in 2009 in the International Journal of Behavioral Nutrition and Physical Activity, the scientists report that kids whose parents feeding styles were either indulgent or uninvolved ate the least fruit, 100-percent-fruit juice, vegetables, or dairy foods, as compared to kids whose parents had authoritarian feeding styles. Ironically, the least-eaten foods were those that experts agree are the most helpful for weight management, Hughes notes. The studies are among the most extensive of their kind for this demographic. Hopefully the research will help shape meal-time parenting across America for the better. (Woods, Marcia 2010). Experts warn that diabetes and heart diseases could rise dramatically in the next 25 years unless the problem is tackled, overwhelming Indias already over- burdened healthcare system. If steps are not taken to reverse the course, the children of each successive generation seem destined to be fatter and sicker than their parents. (Mail Today 2009). Blaming fast foods and TV addiction for this epidemic is both convenient and shifts the onus, the experts say. The real culprits are parents, who have a huge role to play in preventing their children from becoming obese. It is the prime responsibility of parents to ensure healthy meals at home encourage an active lifestyle and become good role models for their kids through their own actions, (Dr. Misra 2009). Nutritionists say parents must be more involved in what their child is eating and monitor his/ her food intake. Parents are too busy these days to pay attention to their kids diet. They hand out large amounts of pocket money to relieve their guilt, which kids spend on junk food, says Nilanjana Singh, consultant nutritionist at the Pushpawati Singhania Research Institute for Liver, Renal Digestive Diseases. Now that I have touched a little on the parents’ role in preventing child obesity, I would like to take a minute to touch on the flip side of the coin. Although ninety percent of obese children are obese as a result of the parenting roles and influences, there are other factors that can cause obesity that have nothing to do with the parents. There needs to be an awareness of the occasions in which a child may be suffering from the resistance of the protein leptin. It is important that before blaming the parents with their children being obese, every angle has been evaluated first. I feel that it’s important for us to not stereotype, judge, blame, or talk about an obese individual until the underlying possibilities of other health issues have been considered or until you yourself has had to walk in the shoes and live the life of an obese child. References Burch, H. (1973), Eating Disorders. NY: Basic Books; pg 1of5. Retrieved Oct 4, 2010, from www.med.umich.edu/yourchild/topics/fightobesityc.htm Boseley, Sarah. (2010, July 17). Child obesity ‘could amount to neglect. The Hindu. Retrieved September 21, 2010, from ProQuest Newsstand. (Document ID: 2082838771). Dolgoff, Joanna. MD. (23 March). Child Obesity 2010: Parents Face Abuse Charges. McClatchy Tribune Business News. Retrieved September 21, 2010, from ProQuest Newsstand. (Document ID: 1990992441). Gortmaker, Steven; Kim, Juhee; Lindsay, Ana C.; Sussner, Katarina M., (2006) The Role of Parents in Preventing Child Obesity, Future of Children, v16 n1 p169-186 Spr 2006., Retrieved September 26, 1010 from ERIC database. (Document EJ795887) Kashani IA, Nader PR. The role of Pediatricians in the Prevention Coronary Heart Disease in Childhood. Jap. Heart J (1986), 27:911. Retrieved from Med umich.edu/your child/topic/fightobesithy.lhtm. October 4, 2010 Mayo, Olivia. (2010, March 28). Get involved. Sun Journal,. Retrieved September 21, 2010, from ProQuest Newsstand. (Document ID: 1996795311). Mission: Readiness; Retired Military Brass Support First Ladys Call to Reduce Child Obesity, Improve Nutrition. (2010, February). Biotech Business Week,4221. Retrieved September 21, 2010, from ProQuest Health and Medical Complete. (Document ID: 1964174191). West, F., Morawska, A., Joughin, K.. (2010). The Lifestyle Behavior Checklist: evaluation of the factor structure. Child Care, Health and Development, 36(4), 508. Retrieved September 21, 2010, from ProQuest Education Journals. (Document ID: 2068068651). Widdowsow, E.M.,(1974), Changes in pigs due to under nutrition before birth, and for one, two, and tree years, and the affects of rehabilitation. In Roche AF, Falkner F., editors. Medicine and Biology: Vol. 49. New York and London. Plenum Press: 1974.165. Retrieved from Med umich.edu/your child/topic/fightobesithy.lhtm. Oct. 4, 2010 Wood, M.. (2010). HEY MOM, WHATS FOR DINNER? Parents Feeding Styles May Affect Kids Obesity. Agricultural Research, 58(3), 6. Retrieved September 28, 2010, from Career and Technical Education. (Document ID: 1995208771). Research Papers on Parent's Roll in Preventing Child ObesityPersonal Experience with Teen PregnancyEffects of Television Violence on ChildrenComparison: Letter from Birmingham and CritoHip-Hop is ArtGenetic EngineeringStandardized TestingThe Effects of Illegal ImmigrationThe Relationship Between Delinquency and Drug UseInfluences of Socio-Economic Status of Married MalesTrailblazing by Eric Anderson

Sunday, October 20, 2019

Molarity Definition as Used in Chemistry

Molarity Definition as Used in Chemistry In chemistry, molarity is a  concentration unit, defined to be the number of moles of solute divided by the number of liters of solution. Units of Molarity Molarity is expressed in units of moles per liter (mol/L). Its such a common unit, it has its own symbol, which is a capital letter M. A solution that has the concentration 5 mol/L would be called a 5 M solution or said to have a concentration value of 5 molar. Molarity Examples There are 6 moles of HCl in one liter of 6 molar HCl or 6 M HCl.There are 0.05 moles of NaCl in 500 ml of a 0.1 M NaCl solution. (The calculation of moles of ions depends on their solubility.)There are 0.1 moles of Na ions in one liter of a 0.1 M NaCl solution (aqueous). Example Problem Express the concentration of a solution of 1.2 grams of KCl in 250 ml of water. In order to solve the problem, you need to convert the values into the units of molarity, which are moles and liters. Start by converting grams of potassium chloride (KCl) into moles. To do this, look up the atomic masses of the elements on the periodic table. The atomic mass is the mass in grams of 1 mole of atoms. mass of K 39,10 g/molmass of Cl 35.45 g/mol So, the mass of one mole of KCl is: mass of KCl mass of K mass of Clmass of KCl 39.10 g 35.45 gmass of KCl 74.55 g/mol You have 1.2 grams of KCl, so you need to find how many moles that is: moles KCl (1.2 g KCl)(1 mol/74.55 g)moles KCl 0.0161 mol Now, you know how many moles of solute are present. Next, you need to convert the volume of solvent (water) from ml to L. Remember, there are 1000 milliliters in 1 liter: liters of water (250 ml)(1 L/1000 ml)liters of water 0.25 L Finally, youre ready to determine molarity. Simply express the concentration of KCl in water in terms of moles solute (KCl) per liters of solute (water): molarity of solution mol KC/L watermolarity 0.0161 mol KCl/0.25 L watermolarity of the solution 0.0644 M (calculator) Since you were given mass and volume using 2 significant figures, you should report molarity in 2 sig figs also: molarity of KCl solution 0.064 M Advantages and Disadvantages of Using Molarity There are two big advantages of using molarity to express concentration. The first advantage is that its easy and convenient to use because the solute may be measured in grams, converted into moles, and mixed with a volume. The second advantage is that the sum of the molar concentrations is the total molar concentration. This permits calculations of density and ionic strength. The big disadvantage of molarity is that it changes according to temperature. This is because the volume of a liquid is affected by temperature. If measurements are all performed at a single temperature (e.g., room temperature), this is not a problem. However, its good practice to report the temperature when citing a molarity value. When making a solution, keep in mind, molarity will change slightly if you use a hot or cold solvent, yet store the final solution at a different temperature.

Saturday, October 19, 2019

Criminal law Coursework Example | Topics and Well Written Essays - 500 words

Criminal law - Coursework Example As such Ben will be guilty of unlawful manslaughter, which becomes manifest when one focuses on committing a less crime yet ends up killing someone. As such, it is evident that death arises from an act of omission. Indeed, the stipulations indicate that the criminal may have embraced dangerous activities, which in turn resulted in death. It is evident that Ben’s intention was noble since he was propagating nobility among the populace whilst dealing with animals. However, using a bomb was rather dangerous since the likelihood of death is increasingly high. According to Michaelides-Mateou and Mateou (2010, p 25) Ben may have acted in conformity with mens rea since the act arose from recklessness and failure to foresee the likely repercussions of his actions. In order for Ben’s action to constitute constructive manslaughter, it is paramount to acknowledge that Ben must have committed an unlawful act. As such, the placing of the bomb is unlawful since it distorts the working capacity of the individuals. Such an unlawful act ought to be combined with recklessness. It is evident that Ben failed to consider that a bomb specialist might be dispatched to the area to address the fears. Ben’s intellect failed since he was focusing on the broader picture whilst shunning the chances of individual sufferers. An analysis of diverse cases such as (R v Franklin [1883]) offers insight into constructive manslaughter (Michaelides-Mateou and Mateou 2010, p 25). In such a case, the defendant’s actions were objectively determined to discover their motive, which turned out to be appropriate but fuelled by recklessness. The second crime pertains to criminal negligence since Ben acknowledged the danger that may have arisen from his actions but went ahead instituting such a crime. This means that Ben knows that his omission would lead to death. This is

Friday, October 18, 2019

The Cross Cultural Implications For a UK Manager Undertaking an Essay

The Cross Cultural Implications For a UK Manager Undertaking an International Business - Essay Example If the cross- cultural effects are not addressed, this can lead to conflict and lack of business resolution especially by business managers. There are various forms of cultures that influence the performance of a business manager in another different culture. These factors are widely categorized as group culture, organizational culture and national culture. The national culture in a different country greatly influences the way in which a manager performs and hence the need to assess the cross cultural implications of a UK manager who is undertaking an international business assignment in another country. This will be done with reference to Hofstede and bond theories and also according to Trompenaars and Hall theories (Moody, Bebensee and Carter, 2008, p. 89). Hofstede (2001) Theory Of Cross Cultural Implications Culture is the way of life of a people and for a business manager to work competently in a cross cultural environment he needs to learn how to understand the cross culture an d competently perform in the different cultural environment. It is important that he learns the implications of cultural diversity. Hofstede four cross cultural implications that may aid business managers on international businesses to competently perform despite the change in culture. ... United Kingdom being a developed country has Low Power Distance (LPD) since the level of integrity, education and ethics is high. However, African countries are characterized by High Power Distance (HPD) since the margin between the intellect and the poor is very great. In a situation where a UK based manager is posed in an African country, embracing HPD will be a difficult task for the manager to accomplish. This is since the manager is used to power balance and following protocols to accomplish business deal. However, in Africa, superiors make the core of the decisions with minimal consultation to the managers. The running of the business is a top level endeavor hence challenging the performance of the UK based manager. Moreover, despite being assertive, the UK manager is inculcated into a community whereby subordinates are not consulted in decision making and the top level administration is not questioned. The issue of power distance is an example of a cross cultural implication t hat a UK based manager carrying out an international business in an African country will face during his business in Africa (Lim, 2004, p. 27). Secondly, individualism and collectivism is another cross cultural concept that Hofstede emphasizes in his cross cultural theory. According to him, individualists are more concerned about themselves and their gain while collectivists are concerned about the gain of the whole group. A country where individualism is rampant is in the United States, UK and Germany while the countries will collectivism are Asia and African countries. Basing on this documented evidence, the UK based manager has individualistic aspect and he has gone for an international

Research Topics with Explanations Assignment Example | Topics and Well Written Essays - 500 words

Research Topics with Explanations - Assignment Example Furthermore, the existence of various regulations regarding the use of cell phones especially while driving in the various states in the country is a major cause of confusion. As such, the research investigates the nature of the regulations in various states and analyzing the effects of such disparities. The audience for the research will include road users and legislators who make laws in the country. The research argues that standardizing the regulations will enhance uniformity thereby improving road safety (Sturnquist, 2006). The outbreak of measles in numerous states within the United States has been a major source of concern for both parents and legislators. The refusal by most parents to take their children for vaccination further heightens the safety concern especially in such public places as schools among any others (Link, 2005). The research investigates the most probable ways of encouraging and compelling parents to take their children for the vaccination (Wells, 1984). The audiences for the research are school administrators, parents and legislators among many other interested parties (Levine, 1997). The research argues that the government should adopt a radical measure such as banning unvaccinated pupils from attending public schools. The United States is the leading democracy and economy globally. Additionally, the country is a leading champion for the improvement of the treatment of such vulnerable groups as children, women and the LGBT community. As such, the country has a role to play in encouraging the adoption of fair labor laws globally (Jackson & Management Information Service, 1985). The adoption of fair labor laws is the surest way of enhancing the economic freedom of such communities. Such laws protect employees thereby creating a conducive environment for the employees to work and enhance their productivity. The research investigates the appropriate ways for the American

Thursday, October 17, 2019

Describe and assess the evolution of China's science, technology, Essay

Describe and assess the evolution of China's science, technology, legal system and innovation policy - Essay Example As such, the Chinese government promotes the development of science and technology through increased funding, reforms in all sectors of economy. Currently, China has made significant advances in areas, such as high-tech manufacturing, education, patents, infrastructural development, commercial applications and academic publishing, some of which it has become the world leader. Currently, China is reportedly focusing on indigenous innovation, while at the same time trying to address the weaknesses in the area of science, technology and innovation in the country (Simon and Goldman 11). However, China has come a long way to reach where it has in terms of science, technology, and innovation. This paper analyzes the history of the Chinese science, technology, innovation, and legal system. Historically, China was a global leader in innovation, science, and technology. This was particularly so during the Qing Dynasty where China made significant innovations, including gunpowder, papermaking, compass and printing. These Chinese innovations contributed significantly to the economic growth of Europe and Asia. However, the Chinese focus on science, technology, and innovation soon faded from the wake of fourteenth century. The decline occurred since the Chinese scientists failed to form scholarly communities that would have helped them advance their research skills and development (Elman 43). At the same time, instead of focusing its effort on science, technology, and innovation, China concentrated on public administration, literature, and arts. In this regard, the Chinese people restricted science and technology only to limited practical applications. The increased focus on art, literature, and public administration resulted in a decline in Chinese intellectual with mathem atical and scientific skills who could carry out experiments. Lack of

Model health promotion or wellness plan Research Paper

Model health promotion or wellness plan - Research Paper Example Hence, in community settings, this model is important in the health promotion campaign of enhanced success levels. In Montana, a community partnership had been forged between the Montana Department of Public Health, Benefis Healthcare, and Montana State University Social Norms Project in constructing a program that addresses the alarming epidemiology of high cardiovascular health-related risks. In particular, the Montana Cardiovascular Health Program had been established with several goals in mind. The program is formulated to elevate health community awareness on specific manifestations in cardiovascular and cerebrovascular diseases, reduce the need for treatment time, and enhance intervention outcomes through increased system efficiency in emergency response. In particular terms, community residents are further educated on what to look for in individuals for possible worsening heart and stroke conditions that need emergency care and treatment, as well as the risk factors that must be avoided before such incidents may develop.

Wednesday, October 16, 2019

Describe and assess the evolution of China's science, technology, Essay

Describe and assess the evolution of China's science, technology, legal system and innovation policy - Essay Example As such, the Chinese government promotes the development of science and technology through increased funding, reforms in all sectors of economy. Currently, China has made significant advances in areas, such as high-tech manufacturing, education, patents, infrastructural development, commercial applications and academic publishing, some of which it has become the world leader. Currently, China is reportedly focusing on indigenous innovation, while at the same time trying to address the weaknesses in the area of science, technology and innovation in the country (Simon and Goldman 11). However, China has come a long way to reach where it has in terms of science, technology, and innovation. This paper analyzes the history of the Chinese science, technology, innovation, and legal system. Historically, China was a global leader in innovation, science, and technology. This was particularly so during the Qing Dynasty where China made significant innovations, including gunpowder, papermaking, compass and printing. These Chinese innovations contributed significantly to the economic growth of Europe and Asia. However, the Chinese focus on science, technology, and innovation soon faded from the wake of fourteenth century. The decline occurred since the Chinese scientists failed to form scholarly communities that would have helped them advance their research skills and development (Elman 43). At the same time, instead of focusing its effort on science, technology, and innovation, China concentrated on public administration, literature, and arts. In this regard, the Chinese people restricted science and technology only to limited practical applications. The increased focus on art, literature, and public administration resulted in a decline in Chinese intellectual with mathem atical and scientific skills who could carry out experiments. Lack of

Tuesday, October 15, 2019

Libyan Revolution Essay Example | Topics and Well Written Essays - 1500 words

Libyan Revolution - Essay Example Through the end of the paper, the reasons of the tyrant leader behind the desire to stay in power are tackled and the implications the regime has brought to Libya and the possible dreadful effects if the current tyrant leader will remain. Qaddafi’s Failure Libya’s leader for more than four decades, Muammar Qaddafi, has failed to protect its people. Under the emergent international law, it is the duty of a nation’s leader to protect its people at all costs. As a leader, it is a responsibility to serve the country and the people in it without self-vested interests. Unfortunately, Qaddafi failed in all these. (http://www.csmonitor.com/World/terrorism-security/2011/0223/Libya-corruption-cult-of-personality-drive-Qaddafi-s-grip-on-power-WikiLeaks-cable) Before entering Benghazi, Qaddafi vowed that he will show no mercy to those people who express negative thoughts about the tyrant regime. Reports show a number of unmerciful executions, indiscriminate shootings and rap es. He called the military action to put an end to these revolts. The actions of this regime are unbecoming for Surname 3 someone who is supposed to protect its people. A huge picture of injustice is vividly present in the soil of Libya. As a result, a massive uprising has started. He ignited the fire that’s burning in the hearts of his people to unite themselves and hold such upheaval against his tyranny. The world has witnessed tremendous change in the minds of a Muslim world. The rejection of Al-Qaeda’s preaching and the act of embracing the ideals of freedom that republic countries highly cherish are visible now in the actions of the Libyan citizens. http://www.dailytelegraph.com.au/news/libyan-forces-fire-on-mourners-at-funeral-again-as-death-toll-rises-to-more-than-200/story-e6freuy9-1226009324524 Corruption in Libya is also widespread. According to the Transparency International’s Corruption Perceptions Index in 2009, Libya ranked a130th of 180 countries. (United Nations, 2010) The Qaddafi government’s integrity has been undermined by favouritism that is based on connections – family and personal. The Qaddafi clan is exercising a near-full control of the major government decisions. See table below Surname 4 The wealth that the Qaddafi clan has accumulated through the assistance of international corporations in the years of the leader’s regime helped ensure his control of Libya. The tens of billions of dollars is said to be the source of payment to his soldiers, mercenaries and allies that help him to stay in power or at least delay his removal form his position. (Unknown, 2011, p 65) This clearly shows how corrupt the Qaddafi government is and one the many grounds for his removal. The Qaddafi government has exploited not only the business sector that is willing to do business with him but also the willing governments. Banks in Libya have gathered profitable fees by helping Iran launder massive sums of wealth in violation of the international sanction sin Tehran. Staying in Power Shutting down communications, refusal of foreign press and killing protesters are some of the ways of the dictator, Qaddafi, in order to sustain power over Libya. Just like any other dictator, Qaddafi would like to stay in power. Hundreds of supporters have offered themselves to be his human shield in case of bombings inside the Qaddafi compound. Supporters say that they are one with the leader and if someone tries to shoot

Monday, October 14, 2019

China today Essay Example for Free

China today Essay China today would not miss the inquisitive recognition of an observative eye. Ranging from the political, economical and social, China has moved from some of its early concepts, thoughts, philosophies and forms of ruling. Today, much more influence from the outside world has had major impact on the outlook of the modern Chinese people and their culture. To talk about China without reflecting about their ancient culture and the dynasties would be to do a great injustice to the Chinese people. Although, the concern of this essay is to look at individualism, thus it would be not possible not to generally mention the emperors ruling and the culture which has dominated China since 221 BCE. The Chinese society was largely an agricultural settled society that was propagated by the Confucius thought. Many of those who have written the history of China have at instances tried to compartmentalize it into culture, politics and society. This loses the value of their study since being a Chinese before the eighteenth and nineteenth century involved culturalism as opposed to nationalism. These are a people who largely had a shared identity and collective rituals. Confucius ideas, self development, among others and negative attitude to profit making had an impact and an expression of individualism. Culturalism impeded the growth of the state because it emphasized on ones ties to the family, region or city. In other words China was fragile due to ethnic nationalism which made it a very unstable state especially under the poke of other countries. The ethnic nationalism was responsible for the revolution of the 1911 because of anti Manchurian Han oriented ideas that they, Manchuria courts were not in a position to defend the Chinese people. It is at the twentieth century that China was faced by threats from Western and Japanese capitalism and imperialism. Therefore it had to define its position on the national stage and set itself a much a country to be consulted in matters of the world (Wang, pp ix 211). The importance of the individualistic view in the Confucianism tradition helped to set China in preparation of later developments and changing realities that could not allow it to retain the empire style. Thus, it is by the negation of Confucius ideas that led to the rise of new culture thus the birth of state nationalism. Closely following this era is the period of Chairman Mao who was an ardent socialist. During his time era, from 1949 it was considered behaving like a bourgeoisie when one showed interests in self. China was a collectivist state that suppressed the individual desires advocating for the society’s plight. The changes in China today are as a result of the government outlook reforms of the 1980’s. Mostly the youth in China mirror more of the Western culture more than the older generation thus sometimes causing conflict between the two groups. The Western culture has brought individualistic thought and perspectives that even in education politics and all other parts of the society reflect an outlook of self. In education as an example most the parents are urging the sons and daughters to pursue high paying courses for the sole purpose of personal better placement. Post Mao China has overcome the collective notions of the society to emphasis on individualism. No longer will you see workers donning the same color or style clothes (Robert, para 8, 9 10). The fact that the modern Chinese society was formed on the foundations of the West does not mean that the Confucius thought completely was exterminated. The power of the community is still in force as Wei-ming Tu puts it, that there is group solidarity which is involved decision making through consensus can d conflict resolutions. There is no distinction between personal and public lives of the people. The classical outlook of the family by the Confucius thought still forms as the major connection of politics education capitalism and social lives. This has the implications of a sense of duty responsibility obligation relationship independence and autonomy. Thus, in the wake of being the best person through self respect and dignity such a person does not fall short of having the role of taking care of his fellow neighbor family community state and the state. This is seen as the modern psychological approach to the new China in the fact that if one is found falling less of this, then you loose your place in the public hence a sense of personal guilt. It is therefore evident that the Chinese value collective individualistic aspects for the betterment of the society (Tu, pp 7, 8, 9 10). Bibliography: Robert L. , M. Ethnology: Generation KU: individualism and Chinas millennial youth, 22nd September 2005. Retrieved from http://goliath. ecnext. com/coms2/gi_0199-5616321/Generation-KU-individualism-and-China. html#readmore on 25th April 2009 Tu, W. Confucian Traditions in East Asian Modernity: Moral Education and Economic Culture in Japan and the Four Mini-Dragons. ISBN 0674160878, 9780674160873, Harvard University Press, 1996. Wang, K. Modern China: An Encyclopedia of History, Culture, and Nationalism. ISBN 0815307209, 9780815307204, Published by Taylor Francis, 1998.

Sunday, October 13, 2019

Cross Culture Understanding And Tourism Cultural Studies Essay

Cross Culture Understanding And Tourism Cultural Studies Essay Analyse three important aspects of cross-cultural understanding which affect tourism. No one would challenge the fact that tourism has become an international phenomenon of global consequence (Uysal, 1994, p.123). The internationalization of the tourism industry is complex and wide ranging. It is a type of cross-cultural communication and understanding. For instance, tourists who come from all over the world may have numerous encounters while visiting a destination such as accommodation, transportation, attractions and catering. Meanwhile, the tourism industry has to organize tourism resources well and also fulfil tourists satisfaction (David Jackie, 2009, p.139) from their different cultural backgrounds. Cross-cultural communication is based on languages, customs, foods and religions. Thesis Statement: Cross-cultural communication has lead to the growth of the tourism market in the last decades and is booming in 21st century. International tourism is typical cross-cultural communication. Millions of people have encountered other cultures primarily to pursue a vacation (Kim, 2001, para. 3) to experience various cultures and customs. Purpose Statement: The purpose of this essay is to analyse three important aspects of cross cultural understanding which affect global tourism in terms of communication methods, foods as well as religions. First, it will outline the most important aspects of cross-cultural understanding in the industry. Secondly, it will explain why they are important for both tourists and hosts by providing some examples. Finally, some suggestions will be given for running a successful global tourism business. Body A Language 1. Language is very important for a tourist Language is the code (Wagen, 1997, p 41) in cross-cultural communication, it is important in tourism for both tourists and hosts because it is the means by which meaning is constructed between them. It has been viewed as exchange of information and cultural differences. If they cant understand the same language the tourist experience will be unsatisfactory. Furthermore, the hosts wont be able to provide a quality product or experience and their business and reputation depend on doing so. For example, if we look at the experience of Japanese tourists who visit Australia, they need to be able to get accurate information for visiting the places they want to see. Since the tourists speak Japanese and the people in the tourism destination speak English, it can give rise to problems in terms of no communication and misunderstanding. In addition to that, other situations where language is very important to tourists are accidents or crises of some kind like losing a wallet or getting lost i n the situation of tourists cannot understand the information which have been provided on the signage (du Cros, 2007. p. 228) as well as they cant communicate in English. These can be very serious matters. 2. Language is an important factor that tourism hosts have to take into consideration. In order to obtain cross-cultural understanding and make tourism satisfied with their overseas travel. Language is an important factor. Tourism hosts should be aware of tourists language habit and tradition. In the case of Japanese visit Australia, it is important that the host enterprises provide some on-site interpretation (du Cros, 2007, p. 235) service. They basically tend to remove the confusion between difference languages. In addition, to provide some Japanese information, for example, Japanese version of warning, introduction as well as catalogues will help them to understand. In case of some accidents will happen during the traveling. The travel agency also needs to provide some Japanese document which including information of embassy, police offices and other organizations. On the other hand, despite Japanese tourists can speak English while they travel in Australia, their way of expression is different from native speakers. Therefore, to understand Japaneses verbal communication skills and traditions plays a significant role in tourism industry especially for hosts. FitzGerald (1998, p.23) provided the fact that the way of answer the questions in terms of you dont, do you we cant, can we. To native speaker, their answer is No when they agree with this sentence. But Japanese peoples answer is yes, which is opposite meaning to English speakers. It is because there is no rhetorical question in Japanese dialogue. The answer is following the question in Japanese whereas it is in according to the fact in English. Therefore, it is better to avoid offering these sorts of questions to Japanese, otherwise it will lead to misunderstanding. Furthermore, Japanese people who travel in Australia would give their opinion by translate Japanese to English directly, whic h means the style (FitzGerald, 1998, p.23) of answer is different from English. According to FitzGerald, when Japanese give feedback, they prefer repeat yes instead of OK or I got it. Those are examples of different verbal communication in Japanese and English which make hosts to take into consideration when they provide tourism service. Non-verbal communication Non-verbal communication is very important for a tourist. According to Reisinger (2002, p.31) Cross-cultural difference are not only refers to verbal communication, but also existed in all sorts of human activities between foreigner tourist and local hosts. Non-verbal behavior is a significant element for a tourist because it is easier to be noticed and understood than verbal communication. Mehrabian(as cited in wagen,1997, p43)state that less than 10% of the message is communicated by words recording, as twice as much that of the message expressed by languages and 70% of through non-verbal language in terms of posture, gesture and facial expression. What is more, the behaviors of greeting, formality as well as body touching are important means of non-verbal communication which are reflected by tourists. Non-verbal communication is an important factor that tourism hosts have to take into consideration. Likewise the verbal communication which is indispensable, to tourism hosts, non-verbal communication is important as well. According to FitzGerald (1998, p.xii), for the Asian people who visit Australia, the hosts should be aware of their sensibilities of their own cultures and customs. For instance, for Chinese people, there is not too much body touch between male and female. They prefer to smile and pad without touching. The only touching is hands shaking while first meet which is widely being accepted recently. Therefore, hosts should avoid much body contact. This names cards which be considered the representation of persons face should fully aware by hosts. It is suggested to pass them with two hands as well as accept them in a similar fashion (FitzGerald, 1998, p.63) when give name cards to customers. Meanwhile, they should be accepted respectfully and reading carefully the names cards of their customers, which is a sort of etiquette in international business. It is better, espe cially for tourists who from Japan and Korea, to pass and receive all the objects to use both hands. What is more, gesture in terms of a kind of body language can easily be identified by hosts. People from different cultural backgrounds have different speculations of body languages. Several examples are provided below which present the different features of body languages of Asian people. Table 1.1 Body Language gestures from around Asia. (Van der Wagen, L, 1997) China Sucking air through the teeth occurs when something is surprising or difficult. In China it is best to change the request to avoid the embarrassment of having to say No. The host always has his back to the door while the chief guset faces the door. To beckon someone, the palm faces downward and the fingers are moved in a scratching motion. Bones are often left alongside the dish. When finished eating the custom is to place the chopsticks parallel across the bowl. Indonesia Indonesians rarely disagree in public and will laugh together and hold them over their heads. Guests do not drink until the host begins. Where the table is large, rapping the knuckles on the table is a form of restaurants people may share tables. Japan Direct eye contact can be seen as intimidating. Bowing in greeting is customary. Waving the hand in front of the face signals I dont knowor I dont understand. A waiters attention is attracted by catching his eye and dipping the head. Listening without interruption is polite. A Japanese person wearing a mask in public probably has a cold. Korea The Western gesture for come here is only used for dogs. To beckon someone in Korea the arm is extended, palm down and a scratching motion is used. Drunkenness is quickly forgiven. Thailand Showing the soles of the feet or pointing with a foot is insulting as the foot is seen as the dirtiest part of the body. The head is the most sacred part of the body, and children should not be patted on the head. The left hand is unclear and is not used to pass objects or food. (Source: Van der Wagen. 2002, p. 44) Food What food means to a tourist. Food is considered as an aspect of cultures. It is important to tourist because they can experiment the local culture via taste local food. There are increasing recognition that tourist who travel around are aim to enjoy the variety of local cuisine, drink as well as snack. Sim (as cited in Urry Wang, 2007.p.328) argued that tourists is going to obtain typical signs which representative a place that comfort to their own expectations, foods and drinks would be a good example. Therefore, tourists are likely to perchance regional specialities (Sim as cited in Urry Wang, 2007.p.328) as well as sit in the famous local restaurant to enjoy the authentic local food. Meanwhile,it also be argued that the to develop the local catering is a kind of connection between consumers and the local residents. Tourists are looking for commodities that can give them an insight into the nature of a place and people who living there. so that they will encounter the dialect, customs, life styles and people s dressing code while they visit these restaurants, which is a powerful part of an integrated tourism experience. Local specialities as a sort of souvenir are different from other objects, for example, tickets. They provide both visible memories (local words, pictures) as well as sensory memories (Sim as cited in Urry Wang, 2007.p.328) which has stronger association with the local culture they have experienced. How a tourism host has to think about food for tourists. Sims (2009, p.328) states that to designing and provide high-quality catering or distinctive local food products is one way of promote local food brands. Normally, there are several famous local restaurant can be introduced to tourists during their travelling. Hosts should be aware of successful tourism management have to develop a range of local catering service which can be distinguished from other tourism management and attract a constantly visitors streaming. Meanwhile, it is vital for hosts to master the food restrictions which belong to different customers. In the Christian calendar, two significant events must be remembered: Easter day and Christmas. Both of them are the commemoration of Jesus Christ whereas Ester day follows a lunar cycle (FitzGerald, 1998, p. 7) and Christmas day is fixed every year. Despite of some of them would avoid red meat on Friday there is no particular food restriction for Christines. Some special food should be prepared and provided in Hotel and res taurant on Easter day and big family Christmas feast (FitzGerald, 1998, p.7). In addition, most of the Buddhists are vegetarian because vegetarianism (FitzGerald, 1998, p.13) is the single restriction for food of this religion. This issue should be noticed by people who running international tourism business. Religions and Philosophies How these religion might affect tourists. Religions and Philosophies take part into a significant role in the human beings civilization and history. Every religion has its own characteristic and philosophy. Therefore, for tourists who going to make an overseas traveling, they may encounter situations which is different from or even disobey with their believing. Meanwhile, tourists who have their own religion will always be obedient. No matter which area they were or they will be. The religious philosophies and behaviors would never be changed. For example, in Islam, all the individuals behaviors have been controlled in their social, economic and political lives. They are not allowed to eat pork, animals blood and even have one month for Ramadan (FitzGerald, 1998, p.4) which demands all the Muslims be fast during the daytime. The Muslim women who wear hijab might not suit to go to the beach while they are travelling. Some potential dangers would be existed participate some recreation activities as well. How a tourism host has to cater for religious differences As FitzGerald (1998) has indicated that to understand the different religions and their philosophies would improved the communication in global tourism industry for both tourists and host. What is more, to show respect to each religion and offer special tread for them are very important for hosts. As it mentioned before, Muslins have to worship five times every week. As a result, hosts need to make sure they know where the mosque is or even provide a quiet corner for them to complete the mission. Buddhism, which is a pan-Asian religion and philosophy (FitzGerald, 1998, p. 11) has affected in the field of spirit, social life and national culture in the eastern world over a long period of time. Buddhists are promising not to kill or harm any living things. Undertaking family and sex loyalty and refraining from get something which doesnt belong to them. Conclusion: In conclusion, it is clear that cross-cultural communication and understanding not only affect to international tourists, but are also important to the hosts who running the global tourism business in the field of language, customs, food and regions. Essentially, tourists who travel in the intercultural environment can be affected by the differences between other cultures and their own. Meanwhile, the different languages give rise to some misunderstanding or even non-communication. Therefore, the hosts must be aware of these cultural differences such as different languages, different non-verbal communication and different religions they have. Above all, in order to eliminate the communication problems and maintain an atmosphere of peace and enjoyment in international tourism circumstances. It is necessary for hosts to take these into consideration in this industry by supply interpreters, foreigner information translation. People who work in this industry must know very well about the characteristics of different customs and religions, which can help to avoid cultural conflicts. In addition to that, tourism business owners have to provide ideal service which can give international tourists a unique local cultural experience. Meanwhile, customers cultures and customs should be respected. The cross-cultural understanding in global industry may never be completely taken into consideration by hosts, however, further studies to identify potential problems and solutions, as well as an improvement in cross cultural communication for global tourism industry, should result in a better understanding and more enjoyable experiences for both hosts and tourists.