The Same Story Essay Example for Free

The Same Story Essay Write A Detailed Comparison On The Way Of How A Tabloid Newspaper (The Sun) And A Broadsheet Newspaper (The Times) Treat The Same Story. The purpose of this essay is to write a detailed comparison based on the ways of how different newspapers present their data in order to attract custom. I will be looking closely at the presentation, content and style of a tabloid newspaper (The Sun) and a broadsheet newspaper (The Times). To enable this assessment to be fair, I will be concentrating on a particular event, which happened back in 1986. The article in which I will be focusing on is about an Arab man (Nezar Hindawi) who tried to dupe his pregnant girlfriend. The Arab had planted an explosive in the luggage belonging to his intended wife and sent her as a human time bomb to board a jet containing more than four hundred unsuspecting passengers and crew. Newspaper articles always consists of a subject heading; to attract a reader to a story, subheadings; to guide the reader through the story, and paragraph sections which contain necessary details appropriate for the clarification of the story for the reader it targets. The language and visual appearance are the key factors to the contents of a newspaper, and the editors pride themselves on a politically correct informative style of journalism, suitable for the newspaper they are promoting. The visual appearance is a very important aspect of both a tabloid and a broadsheet newspaper layout, as it has to capture the publics eye. If it fails to do this, there will be a decline in public interests and sales would decrease through loss of custom. The standards of the newspaper should be of the same quality each time it comes off the press, otherwise the public turn towards other companies. The consistency of this standard is vital to the consumer who expects a particular style. Newspaper companies often run the beginning of the story on the front page and continue it on a later page. The importance of the story is usually included in the information given on the front page. The story about the human time bomb hit the front pages of the Sun and The Times. The two companies displayed the story in extremely different ways. The Sun used most of the space on the front page for this article. The size of a tabloid newspaper is suitable to fit into small places, and it does not create the problem of folding over when being read, like a broadsheet does. The only other information featured on the page was an advertisement for the Sam Frocks Collection and another for the i 50,000 Bingo prize for that days winner. The journalists managed to fill it with a big, bold WANTED sign stretching from one side of the page to the other as well as a quarter page black and white picture of the Arab, and a twenty-one worded headline placed just above the tiny amount of text that was squashed into the bottom corner. To make the headline eyecatching the W. O. B technique was used. W. O. B is an abbreviation for White On Black. This is effective because it darkens the space around the writing enabling the words to make a dramatic appearance. This technique was used in three different places throughout the front page. It is used in the papers name appearance, the advert featured and the headline of the Arab story. In comparison, The Times displayed many of their articles on the front page. The Times is able to provide more detailed stories, as it is longer and wider than The Sun. Broadsheets are often carried under the arm, as they are too big to store in a handbag or suitcase. The Arab rat article was placed at the top of the page in a tiny space. The other information included on the page is an advertisement for Swindon Enterprise, a cartoon caption and articles such as England Down And Out, Pledge On Terror Even At Cost Of Life, Thousands Seek To Flee Tripoli. Within the space provided for this story the editor inserted a small picture of the Arab, with a caption just beneath it, a headline, a sub headline, and the text. The picture in The Times used for the article was the same picture as the editor of the Sun had used. The only difference between the two photographs is the size.

Bespoke Form of Contracts: A Scourge or Necessity?

Bespoke Form of Contracts: A Scourge or Necessity? Chapter 1 Introduction Research Rationale The use of standard forms of contract, FIDIC Red book (Red Book Engineer/ employer designed Contractor executed) was introduced in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. Ever since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from lump sum to re-measurement contracts by many large organizations. Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the intended purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a tendency to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15) UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international land marks, having the common feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens (loans and repayment period) and to minimize the risk for escalation due to the construction boom in the region. Also in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall. The multinational construction interface between the parties and culture stipulated the importance of using standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the familiarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost. As mentioned above, one of such standard form of contract, FIDIC 1987 4th edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality general conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contract By the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other place in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and after the current economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong interpretation of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations clauses, leading to claims and disputes on fast track projects. The intended purpose of this dissertation is to identify The essential clauses needed to administer a contract The importance of making right interpretations while using contracts An overview of the bespoke versions of contracts Research Methodology A detailed analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses. Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses. A case study on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contract Proposed study chapters The intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different forms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction Contracts Construction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified into i. A simple exchange of correspondences; ii. A tailor made written agreement; iii. A standard form such as JCT,Fidic etc; iv. Standard terms and conditions of the business. Contract in broader term is defined or expressed as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding promises of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http://law.freeadvice.com/general_practice/contract_law/contract_agreement.htm) and the breach of contract is recognized by the common law and the remedies are available as well. On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in direct violation of state or federal laws of the country. There are several aspects related to valid contracts; in fact, an entire course in law school is often devoted to contract law (http://www.wisegeek.com/what-is-a-contract.htm). John Adriaanse (2007) quoting Lord Diplock who classified construction contract as â€Å" the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of variation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract†. He also stated that â€Å"a construction contract is best described as a complex web of competing interests†. At the same time Charles.S. Philip (1999) defining contracts as â€Å"binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and Contractors for construction / maintenance work done for compensation†. In another definition â€Å"we must understand that a construction contract is merely a set of criteria, or expectations, t hat bind the contracting parties† (Gilbreath, 1992) The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http://www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, makes sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do. Contracts may or may not be enforceable by law. The good example is; the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not. Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in return the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of finding of the car. Here, conditions precedent to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology â€Å"condition precedent† is used in contract law to establish a condition of promise in an agreement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract. In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a smooth administration during the construction period. According to Lord Lathams report 1994, â€Å"constructing the team†, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which specify many details that a construction contract should take care of. Chapter 2 The Importance of using Standard forms of Contract 2.1 Introduction The adversarial nature ([Cheung et al., 2006] and [Cheung and Yiu, 2007]) and inborn risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses ([Broome and Hayes, 1997], [Cutts, 2004] and [Styllis, 2005]) and legalese ([Cutts, 2004] and [Candlin et al., 2002]), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded that contractors need to be well versed in the interpretation and understanding of claus es stated in contracts. Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to prevent the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to promote teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be impossible. The importance of this chapter is to make a improved insight into the need for clarity of contract documents. Furthermore, it will assist contract drafters and experts review and clarify the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract. 2.2 The need for contract clarity The need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes ‘supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, the Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved. In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unless the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7: interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the c ontract by the contracting parties. Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery. 2.3. Understanding the importance of standard form Construction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as ([Thomas et al., 1994], [Semple et al., 1994], [Broome and Hayes, 1997] and [Mohamad and Zulkifli, 2006]). It is simply because of the reason that the parties could not achieve their contractual expectations (Harmon, 2003). Dubai Municipalitys be spoke forms of contract was followed and amended by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red Book 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form. 2.4 History of FIDIC and other Standard forms of Contracts used in UAE Industry The most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into reality by operations. This transaction process requires i.e. from the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract. In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time rela ted, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44) The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of Civil Engineers, GC/Works/1 for Government Contracts, ACA Project Partnering Contract- PPC 2000, FIDIC..etc. A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE. The Fà ©dà ©ration Internationale des Ingà ©nieurs-Conseils (â€Å"FIDIC†) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fà ©dà ©ration Internationale des Bà ¢timent et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract. One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best suited for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the â€Å"Yellow Book† (the traditional one is known as the â€Å"Red Book† it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more appropriate for the manufacture and installation of plant. The revised (second edition) was published in 1980. The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or â€Å"Old Red Book†)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the parties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE. A new form of contract was published (known as the â€Å"Orange Book†) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an â€Å"Employers Representative† who, while determining the value, costs or extensions of times need to: â€Å"determine the matter fairly, reasonably and in accordance with the Contract†. However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer; a fair interpretation is making the Engineer as an assistant to the Employer. The other differences between these two versions will be discussed in the following chapters of this dissertation. Chapter 3 3.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation work During the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents. i. The signed agreement ii. Tender iii. General and particular conditions of contract iv. Drawings v. Bills of Quantities vi. Specification vii. Schedules viii. Program There are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose. Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Hence this clause is essential while drafting an agreement or contract for the administration. Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial completion of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract; the contractor shall be required to finish the work only within a reasonable time(ref: John Uff..). Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalty as mentioned in the contract. Hence it is very essential to have a non-completion clause in agreements and contracts. Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915] AC 79, 86-87, where the House of Lords recognized the principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. â€Å" This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd [2005] HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, [1978] 2 S.C.R. 916, 946, and does not allow for any recov ­ery of an amount exceeding the actual damage† (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement. Defects liability- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392). Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev

Food Is A Source Of Cultural Identity

Food Is A Source Of Cultural Identity As we go through life, we travel to countries or meet people from dissimilar cultures, and we naturally question our new environments. By questioning these new societies, we are able to understand more of ones personality and identity. Cultural identity is when certain traditions, customs, beliefs and values are shared through traditional cultural practises and become meaningful and important to oneself1. It contributes to how we see ourselves and the groups with which we identify1. Ethnic foods offer a rich set of metaphors through which individuals can express their cultures. Food is one custom that strongly connects people to their traditions, and has been not only important in Jewish culture and history, it has been central to the Ashkenazi Jews ideas about themselves and about others, as well as their social and communal practices2. Ashkenazis or Eastern European Jews are defined as those who, from long before 1500, lived in Poland, Lithuania, Belarus, Ukraine, and European Russ ia3. This essay explores how food is source of cultural identity for Ashkenazi Jews living in Australia, concentrating on the connection between food and festivals, ceremonies and the Bible. As well as the contrast of how food is not the most identifiable aspect in some Ashkenazi Jews lives. Festivals and Ceremonies: Formerly, Jews came together around a core of religious and ethnic traditions, such as synagogue affiliation, lighting of Shabbat candles and giving charity to Jewish foundations9. However today, Australias Jewish population has encountered an internal breakdown of both the concept of community and the family unit, which have united the Jewish people for so long. Ashkenazi Jews use food as a way to unify family and friends, and reconnect with traditions and culture4. Ashkenazi cuisine tends to use oil, potatoes, inexpensive cuts of meat and simple seasonings4. The importance of food to Ashkenazi Jews can be learnt from the celebrated festivals and rituals. Foods related to festivals are more based on traditions and symbolism passed down generation-to-generation, rather than the Bible. A very special celebration that occurs on the seventh day of the week is Shabbat. Good and homely food is a crucial part of the mitzvah, or good deed, of oneg Shabbat, meaning enjoying Shabbat. Traditio nally, Ashkenazi Jews start the event with a small serving of a fish dish; gefilte fish, poached jelly fish or pickled fish, served as an appetizer before hot soup. A chicken main dish is then served accompanied by cooked vegetables and a kugel4. Finally, dessert is usually fresh or stewed fruits followed by tea and small cakes4. This strongly contrasts the Sephardic Jews take on Shabbat food. Sephardic Jews reflect the foods more typical of many Mediterranean countries since Sephardic Jews are descendents of settlers from the Near East. Meals include fish with avgolemono sauce, chopped eggplant, roasted lamb, stuffed vegetables, rice and, to finish the meal, a honey-soaked cake or pastry nibbled with strong and sweet Turkish coffee4. The ceremonial bread, Challah, is surrounded by folklore and tradition and laden with symbolism. On festive occasions a blessing or Motzi is said over two loaves of challah, symbolising the manna given to the people of Israel during the Exodus from Isr ael on Fridays5. Two portions of the manna were distributed, so the Israelites did not need to work and prepare food on the Shabbat5. Similarly to Shabbat, foods consumed on Rosh HaShanah are symbolic to certain aspects to the event, and are created by the Ashkenazi cultural traditions. Rosh HaShanah means head of the year; it is the New Years festival of the Jewish calendar and features foods to celebrate the hope of a sweet year. A hearty main meal of fish, appetizers, meats and honeyed vegetable (Tzimmes) is conventional4. The iconic foods that signify and rejoice the Jewish New Years are apples dipped in honey and honey cake for a good and sweet year, and the round challah and the head of a fish which represents the circle of life and marks the cyclical nature of the course of a year4. The representations of Rosh Hashanah and Shabbat foods are significant to a majority of Ashkenazi Jews in Australia, because it enables them to link to their ancient religion physically and spiritually3. However, during the most important and solemn holiday in the Jewish calendar, Yom Kippur, the Torah (Jewish scriptures) commanded You shall afflict your souls (Leviticus 16:29)6 and For a soul which is not afflicted on that day will be cut off (Leviticus 23:29)6. This has been interpreted, as Jewish people need to fast from sunset to sunset to atone for the sins of the past year4. It is one of the few holidays that is not dependent on food. Thus it is one aspect which food is not a source of cultural identity. It is also an event when many Ashkenazi Jews who do not observe any other Jewish custom will refrain from work, fast and/or attend synagogue services on this day. Instead of using food as a source of cultural identity, it is the sacred religious day. Although, it is customary for Ashkenazi Jews to make a feast for breaking of the fast. Normally consisting of cakes and hot drink to break the fast, then light salads and dairy foods to aid with digestion3. Proving that Ashkenazi J ews return to food in order commemorate important events that are momentous in the Jewish culture. Impact of Ashkenazi foods on the non-Jewish communities: Jewish foods dont only give Ashkenazi Jews themselves cultural identity, but allows non-Jewish people to recognise the Jewish culture. Australia prides itself as being a multi-cultural country. In 2011, the Census revealed that 26% of Australias population was born overseas and an additional one fifth had at least one parent born abroad7. Throughout the 100 years since the first National Census in 1911, a large component of the Australian population have been made up of migrants7. Even though only 0.5% of Australians identify themselves as Jewish7, this hasnt swayed the impact the Jewish culture has on the Australian diet. After World War II, Jews all over the world, especially in Australia identify the bagel with the Old World and with immigrant Jewish culture10. The bagel was brought to Western societies by the Eastern European Jews from the 1890s and have become one of the most iconic foods that gentiles identify with the Jewish culture8. Most of the other foods mentioned so far, are mostly restricted to those of Jewish faith and hardly are consumed by the wider community8. Other Ashkenazi foods readily available in the main cities of Australia, are baked goods like babka and rugelach, fried potato pancakes known as a Latke and the blintz4,10. Jewish Dietary Laws Kashrut: Jewish people are supposed to follow an intricate system of procedures and taboos in relation to food, derived from a set of commandments said to have been given to Moses by G-d6. These commandments prohibit the eating of particular animals, the most recognised pig; they are prescribed definite methods for the slaughter and preparation of animals that are not banned10. The directives have been augmented by a code of practise, known as Kashrut, intended to ensure that they are never defied9. However, the observance of Jewish Dietary rules have declined sharply, with many Jews observing them only partly and many others rejecting them completely9. This situation has not, however, made these dietary rules irrelevant; on the contrary, it has made them one of the most important ways through which ideas about contemporary Jewish identity and membership can be expressed. Ashkenazi Jews needed to adapt some of the Dietary Laws due to the food accessibility in some areas3. Several changes that have been made are the mixing of fish and milk products, more leniency with the Kashrut for meat than Sephardic Jews and refraining from eating legumes, grain, millet and rice during the Passover festival10. In Australia, Ashkenazi Jews still continue to observe these altered rules because of the strong traditional aspects connected to them, which individualises them as a certain type of Jew. Today, Jews from all different areas and streams, can deem the Kosher Laws to be an ancient form of food regulations that doesnt need to be performed in todays society, because of the new modern methods of cleaning and preparation of foods. Other reasons are some are not informed well of the laws, and/or consider it an added expenditure and inconvenience. More recently, animal rights groups and the Australian media have exclaimed their outrage of the ill-treatment of animals during the process of Koshering meat by companies who do not provide prior stunning11,12. This has strongly influenced Jews to disassociate themselves from obeying Kashrut, and in a few circumstances reject their Jewish identity12. This is because they think the Jewish culture doesnt respect animals12. However, this contradicts what the Jews and the Torah believe. Ritual slaughter, known as shechita, is a fast, deep cut across the throat with a perfectly sharp blade with no hesitations or unevenness12,13. This me thod is regarded as painless by Rabbis because Jews believe that God, would only provide for a merciful and compassionate method of send off for his creatures6,12. The Torah is the first methodical legislation, which prohibits cruelty to animals and authorises that they be treated with consideration and value. Judaism exigencies the humane treatment of animals6,12. As well shechita has been scientifically shown to be painless. Dr. Stuart Rosen MA, MD, FRCP discussed the behavioural responses of animals to shechita and the neurophysiologic studies relevant to the assessment of pain, and concluded, shechita is a painless and humane method of animal slaughter13. Jews should be proud to observe Kashrut and to identify themselves as Jewish because of the humane and clean ways of preparing food. Conclusion: Cultural identity should be meaningful and personal to oneself, as well as an open exploration that should be shared. In multi-cultural societies, like Australia, recognising certain cultures can be done by looking at their foods. Ashkenazi Jews are now identifiable by non-Jewish societies, because they relate the Ashkenazi community with iconic foods, such as bagels. For Ashkenazi Jews, the saying You eat what you are4 applies perfectly. They have special foods and diets for their sacred occasions, and ritual eating at festivals and ceremonies allow Ashkenazi Jews to reflect on and identify with their culture and religion through the symbolic representations of the traditional foods. However, you are what you dont eat as well. The solemn festival of Yom Kippur , is one of the most important Jewish festivals and requires Jews to fast from sunset to sunset4. Also the laws of Kashrut have strict guidelines of forbidden foods, and precise manners of food preparation that need to be obey ed9. Kosher eating is a essential part of food being a source of cultural identity, even though not every Jew observes all the laws.

Sigmund Freud :: essays research papers

Sigmund Freud Sigmund Freud, an Austrian born during the Habsburg Monarchy, was one of the trailblazers of modern-day psychology. The american historiam william johnston sees freud, the father of psychoanalysis, among those personalities "that one made austria a shining example of modernism in a world that had lost orientation." In his function as a neuropathologist freud came to realize that he had no clear understanding of neurotic patterns despite his throrough studies of the human brain. From 1895 onwards he associated intensely with the Viennese internist Josef Breuer. Both discovered that hypnosis removed neurotic symptons. The case of patient Anna O. became famous. By applying this method, Freud came to understand the correlation between emotional disorders and the formation of mental (at that time mainly hysterical) symptoms. Through hypnosis as a method of "mental catharsis" the patient recalls and relives repressed traumatic situations and is eventually relieved and healed. Freud was now convinced that functional diseases had a mental cause. In the following he discovered how mental energies may casue physical symptoms. After breaking with Breuer Freid found out that the abnormal emotional state of neurotics was almost invariably associated with conflicts involving the sexual impulse. Based on these findings he develoepd his theory on repression and defense as well as the sexual aspect of neurotic behaviour. Freud was unjustly blamed with "pansexualism". His theories created a storm in meical circles and were often and heavily rejected. However, what Freud had theoretically taught most of his life was rather a "dialectic of the sexual impulse" than its omnipotence. After breaking with Breuer Freud carried on his research work alone. Instead of hypnosis he applied the method of "free association" with his patients and soon recognized the traumtic impact of early sexual experience during childhood, seducations on the part of adults, above all the parents. In 1877, suffering from his own neurotic crisis, Freud discovered in a brave self-analysis that patients' fantasies and wishful thinking rather than real experiences play an unconscious role in the onset of neuroses. Freud's findings broke new ground in often misinterpreted areas like infantile sexuality and led to a completely new and expanded understanding of sexuality. His epochal achievement was to help prove the existence of the psyche as an independent system. In "Traumdeutung"/"The interpretation of dreams" published in 1900, freud inveiled the dream as a disguised fulfillment of repressed wishes. Within the European culture and civilization was a sensational dsclosure of Freud's (sometimes also personal) fight for self-realization and truth. With his thoughts, Frued not only influenced psychology but also modern time's conception ofthe world. His principles advanced the technique of psychoanalysis, with himself as his first patient.

Comapring George Orwells 1984 and Aldous Huxleys Brave New World Essa

Comapring George Orwell's 1984 and Aldous Huxley's Brave New World   Ã‚  Ã‚  Ã‚  Ã‚  Imagine a world in which people are produced in factories, a world lost of all freedom and individuality, a world where people are exiled or â€Å"disappear'; for breaking the mold. Both 1984 by George Orwell and Aldous Huxley's Brave New World are startling depictions of such a society. Although these novels are of fictional worlds, control of the future may be subtly evolving and becoming far worse than Huxley or Orwell could ever have imagined. Each society destroys the freedom of the individual through various controlling methods such as the denial of language and literature, a caste system and conditioning.   Ã‚  Ã‚  Ã‚  Ã‚  One way in which each society controls is by limiting the language and literature of every citizen. In 1984, a language called Newspeak is devised in order to narrow all thought into one mode. There are three categories of Newspeak vocabulary: A, B and C. The A vocabulary consists of words used in everyday life to express simple thoughts. The B vocabulary includes words meant for political usage, forcing a particular mental state on the person using the vocabulary. Finally, the C vocabulary is based solely on technical and scientific words, constructed of only strict and rigid meanings. Individual thought is completely impossible because the constricted vocabulary is intended to include only principles of the Newspeak language. The vocabulary is constructed so that words of unorthodox meaning such as â€Å"individual freedom'; are eliminated all together. Newspeak is designed to douse the flame of thought and idea, while encouraging collective ideas. Over time, Newspeak destroys any variation of idea from the intention of the â€Å"Party’s';. Literature is also slowly altered so that the author’s original meaning is lost to the meaning of the Newspeak language. Newspeak translations seem to consume thoughts and memories much like a sponge absorbs water.   Ã‚  Ã‚  Ã‚  Ã‚  In the Brave New World, literature and art are taken away in order to destroy individuality and freedom of thought. For as Mustapha Mond says, â€Å"It isn’t only art that’s incompatible with happiness; it’s also science. Science is dangerous; we have to keep it most carefully chained and muzzled'; (Huxley 231). The Controller has made thinking impossible by taking away all science, art and religious b... ...ind-set associated with their castes. They are conditioned to dread being alone, for isolation creates introspection, which in turn fosters a sense of individualism. For example, this is expressed in a scene where Bernard takes Lenina out on a first date. He suggests they go for a walk and talk, but Lenina finds such an activity distasteful. She instead persuades Bernard to take her to the Semi-Demi Finals of the Women’s Heavyweight Wrestling Championships (Huxley 64). Soma tablets are also distributed in order to calm any hint of revolt or occurrence of thought. It is a drug taken to dull the senses of the urgency and desire for action. For as Lenina says, â€Å"Remember one cubic centimetere cures ten gloomy sentiments'; (Huxley 89).   Ã‚  Ã‚  Ã‚  Ã‚  Throughout 1984 and Brave New World, each method of control is intended to keep the individual from questioning their individuality. By limiting language and literature, creating social classes and conditioning, these societies are able to accomplish their goal. Yet, as long as humans continue to desire to acquire knowledge, this will never be allowed to happen. For it is upon the strengths of the individuals that our entire society is built.

Caring for Children Essay

As a social worker, it is important to follow all the legislations which are in the field of children’s rights so that all children can be safely looked after and treated with respect. The Children Act was introduced in 1989 and the Scottish children act was introduced in 2004. This act was initially designed to ensure that all local authorities were making equal provision to support young children, teenagers and their families. This act includes the support of children with disabilities when they are at the age of 18 and this comes under the NHS Community Care Act of 1990. In 1995 the Children Act was updated In Scotland with the same view that the child is still the centre of importance. The act updated the law in Scotland related to looking after children and young people. ECM was introduced in 2003. It stands for Every Child Matters. This legislation considers the well-being of children and young people from births up to age of 19. Five principles of this legislation apply to every child, whatever their background and circumstance is. All children should be healthy, stay safe, enjoy and achieve, make a positive contribution and experience an economic well-being. All organisations working with children and young people must work together to protect children from harm and help them to achieve their goals. Information will be gathered concerning vulnerable groups so that support strategies can be put in place. Children and young people will be involved in the process of decision making. The first Children’s Commissioner for the UK was appointed in the year of 2005 to help give children and young people some input into the government. The Young Persons and Children Act was introduced in 1933. It is an act that puts all the children protection acts together so it comes under as one act. The purpose of this act is to refurbish the statutory framework for the care system in the UK and Wales. This forms a segment of the government’s programme to ensure the children the highest quality of care and support. The Act provides services which are linked to children’s well-being and young people’s well-being, private fostering, child death notification to the Local Safeguarding Boards and suitable national authorities, the powers of the Secretary of State will conduct a research and applications for the discharge of Emergency Protection Orders. United Nations Convention on the Rights of the Child was introduced in 1989. This ac is an international agreement that considers the rights of all  children and young people. It is made up of 54 articles covering a variety of rights, including the right to be free from violence, the right to play, the right to express themselves and have their views taken into account. This convention provides extra rights to ensure that children and young people living away from home and those who have disabilities are treated fairly and their specific needs are met. The Human Rights Act was introduced in 1998. It came into force in England and Wales in the year 2000 and includes the European Convention on Human Rights into the national legislative framework. This Act enables young people, children and adults to look for protection of their rights both nationally and internationally via the European Court of Human Rights in Strasbourg. The Data Protection Act was introduced in 1998 and it prevents private information from being misusedÃ'Ž

Community teaching work plan proposal Essay

Lorenz et al. (2005) define end- of flavour as a chronologic onlyy perplexing part of behavior when perseverings and their guardgivers argon assay with the implications of an advance chronic nausea. Every souls end- of vivification trajectory is assorted and the lead for quality health electric charge services, infirmary or alkali fright interventions, family and affected role legal rights, organization policies and regulations pose some challenges to some patients at the end of their life. Therefore, the provision of good end- of- life business organisation should be driven mainly by the concern to enhance life at end- of life. The important issues for policy correctrs and healthcare services planners and providers are to find a lasting solution that call for thickenings autonomy in determination qualification, excellent healthcare management, love and family fend throughout the end- of-life period. Moreover, the healthcare industries should beneathstand t hat the tallness toward the process of destruction is a reflexion of the social values the society lay on how its members are supported and cared for at the end-of their lives by nurses, caregivers, social worker, and counselors and doctors.Furthermore, the reason majority of our elderly peck die outside their own home are due to the nature of the guardianship and the varying stages and changing needs of the patients, which required certain hospital setting or services that most home caregivers or family members are not trained for or capable to handle. Even with the emergent of lenitive care programs and hospice programs, the majority of elderly race do not die in their home because of their preference to seek unwrap care outside the home in order prolong their lives. Although, family members, friends, partners and neighbors commonly dish up with the care of older relatives, but when the patient become chronically ill or disable and not responding to addressment, the b etter woof is to transfer the patient to the hospital or home care placement. Before making these decisions most families or caregivers factors in some some other problems such(prenominal) as patients lack of fiscal support, patient condition becoming burdensome to the caregivers both financially and times fatigued in taking care of the patient.Furthermore, family members shrewd that the patient is at the point of dying at any moment, the best excerpt would be to place the patient in the hospital or homecare setting where the illness would be managed with special care and slight wo(e)ful services and with dignity out front they die. As a nurse, I would meet first the well- beingof my patient, treat all my patients with compassion and respect, respect patients right and confidentiality, maintain accurate patient clinical records and refrain from denying treatment to patients. On the issue of deciding how I would overhaul my clients at the end of- life care stage, would be based on the guidelines of the ordained positions taken by the American health check Association on end- of- life- actions. AMAs principle of health check Ethics ( AMA,2012-2013) which provides health care physicians with a guidelines on how to deal with issues regarding end- of- life, too the nurses ANAs Code of Ethics (2001) also pass water a guideline on what is expected from nurses when confronted with end of life issues.However, these actions should be based on clients wishes, such as Do- Not- Resuscitate Orders, Futile Care process, note of Life, Withholding or withdrawing life sustaining medical treatment, Optimal Use of Order- not to deputize and Advance Directives in clients living will, health care treatment plan, health care power of attorney and do not resuscitate at home. Furthermore, we all experience that some people are pleasant to leave decisions regarding their death in the detention of the others. By doing so, they expose themselves to the unnecessary treatments and restrictions. Family members are often forced to make decisions slightly life- support and treatment without subtile whether their love one would have wanted these interventions. I would help the patient and the family plan and make the appropriate ethnical choices in ossification with the Hospice and palliative Nursing Association directives.Also, knowing the end of life often involves risks and ethical dilemmas such as in insulation of life- sustaining treatment like dialysis or nourishment tube and the large need of doses of opioids, I would address the patients need based on ANA guidelines, which stated in the case of administering opioids on end-of- life patient, nurses must use rough-and-ready doses of musics prescribed for symptom control and nurses have a moral obligation to sanction on behalf of the patient when prescribed medication is insufficiently managing pain and other distressing symptom.The Agency for Healthcare Research and type (AHRQ) 20 11 CQG series between elderly patients under the palliative care and family evaluation of Hospice care patients who have died, shows the extensive evidence and many interventions available for patients in palliative care, such asapplying many types of medications and other interventions to treat pain are supported by strong evidence of reductions in pain severity and helps to prolong patients life. On the other hand, patients who are in Hospice care forward death has a lot of complaint from the family members and noted that 18.2 percent of the family members stated thoughtlessness to the needs of their love ones and support from hospital among hospices varies from 12.6% to 21.4%, and 9 percent of family members reported that their need for emotional support was not met.ReferencesAMAS Code of Medical Ethics-American Medical Association. www.ama-assn.org/go/codeofmedicalethics.Code of Nurses Ethics for Nurses-American Nurses Association. www.nursingworld.org/codeofethics.