Progressive Era Essays - American Political Philosophy,

Progressive Era Philips US History II During the Progressive Era in the United States, there were many changes happening. Some were happening with the people in the United States, some with the people controlling the United States, and some changes were just going on around both of them. This Era of time for the United States helped them out a lot. They were tired of things going bad for them. They wanted the good 'ol times back. They wanted to be happy again and they would do anything to make this happen. We had two new presidents during the Progressive Era in the United States. They both knew that people of their country wanted to be happy. The people believed in the governments ability to cure bad things. So the presidents came in and took over the country, starting to control things more and more. This is what was making the people happy. Women also started speaking out against the laws that were set against them. They started club meetings. They wanted to the same rights as the men did. They also helped with he child labor laws and with the minorities. They got everything under good condition for the minorities. They also wanted prostitution cleared up on the streets. Women wouldn't have a lot of rights that they have now, if it wasn't for the women in the Progressive Era. The working class started looking up on life. People believe in the advancement of the United States as a whole and not just individual. The working class knew they'd have a chance to make it in life. A lot of p eople started believing in the church. They knew that church would make things better. They started going a lot more. Everything in the United States was starting to look up. People were happier and the United States was getting back on track to be the good nation it knew it could be.

Why Energy Conservation

Why Energy Conservation Free Online Research Papers Because of the limited amount of nonrenewable energy sources on Earth, it is important to conserve our current supply or to use renewable sources so that our natural resources will be available for future generations. Energy conservation is also important because consumption of nonrenewable sources impacts the environment. Specifically, our use of fossil fuels contributes to air and water pollution. For example, carbon dioxide is produced when oil, coal, and gas combust in power stations, heating systems, and car engines. Carbon dioxide in the atmosphere acts as a transparent blanket that contributes to the global warming of the earth, or greenhouse effect. It is possible that this warming trend could significantly alter our weather. Possible impacts include a threat to human health, environmental impacts such as rising sea levels that can damage coastal areas, and major changes in vegetation growth patterns that could cause some plant and animal species to become extinct. Sulfur dioxide is also emitted into the air when coal is burned. The sulfur dioxide reacts with water and oxygen in the clouds to form precipitation known as acid rain. Acid rain can kill fish and trees and damage limestone buildings and statues. You can help solve these global problems. In the U.S., the average familys energy use generates over 11,200 pounds of air pollutants each year. Therefore, every unit (or kilowatt) of electricity conserved reduces the environmental impact of energy use. Renewable energy effectively utilizes natural resources such as sunlight, wind, tides and geothermal heat, which are naturally replenished. Renewable energy technologies range from solar power, wind power, and hydroelectricity to biomass and biofuels for transportation. A non-renewable resource is a natural resource that cannot be re-made, re-grown or regenerated on a scale comparative to its consumption. It exists in a fixed amount that is being renewed or is used up faster than it can be made by nature. Fossil fuels (such as coal, petroleum and natural gas) and nuclear power are non-renewable resources, as they do not naturally re-form at a rate that makes the way we use them sustainable and consumer materials to produce electricity What can we do to help the environment? 1. Plant and protect trees to moderate building temperatures Trees conserve energy by shading, cooling the air through evapo-transpiration and reducing the velocity of wind. Selecting and placing trees to shade adjacent buildings in the summer or protect them from the prevailing winter winds can moderate building temperatures. Choose as large a tree as possible but be sure it can grow to its natural size in the space allotted to it, when properly placed; mature trees can reduce the interior temperature of a building by as much as 20 degrees, reducing summer cooling costs by 25-40%. 2. Reduce the heat island effect: shade paved areas Parking lots and streets are significant sources of heat and pollutants (parked cars emit hydrocarbons that contribute to the formation of ground level ozone), as well as often being unattractive. Trees reduce the amount of heat stored in or reflected from paved surfaces, which can contribute to increased building and car temperatures. Many cities in California have ordinances that require shading of paved area by trees. 3. Shade air conditioners limiting the sun that shines directly on an air conditioner will keep it cooler and running more efficiently. You or your clients utility bill will be reduced. 4. Design lighting carefully Outdoor lighting consumes a large fraction of the electricity used in the United States. Site lighting can be designed to use less energy and minimize light pollution. Operating costs savings can often recover costs of newer more efficient lamps. 5. Choose and maintain equipment for fuel conservation Equipment is most often selected for its speed, cost and ease of use. However, reducing fossil fuel consumption is one of the most important practices the landscape professional can do to protect the environment, while lowering the cost of operation the equipment. Choose the smallest, most efficient equipment required to get the job done: bigger is not always better. Manual labor may make the most economic sense for many landscape operations. You can cut the cost of fuel while protecting local air and water quality. 6. Specify local products suppliers transporting items the least distance reduces fuel consumption and air pollution. Buying local reduces the hidden environmental costs of transporting materials. The way the government can be more involved is by giving us more funding to conservation efforts, and by helping us save energy. Stop using the money on unnecessary things. This is the most important part of everyone life, and without energy how are we going to live. No matter where on Earth you livewhether the crowded streets of Delhi or a sprawling suburb of New York Cityyour lifestyle has an impact on the global environment. Decisions, such as where you reside and how you get around, have repercussions on the planet well beyond your neighborhood. Research Papers on Why Energy ConservationThe Spring and AutumnPETSTEL analysis of IndiaBionic Assembly System: A New Concept of SelfGenetic EngineeringRelationship between Media Coverage and Social andRiordan Manufacturing Production PlanOpen Architechture a white paperIncorporating Risk and Uncertainty Factor in CapitalMind TravelCapital Punishment

Is that possible all students and techers or professers have a healthy Research Paper

Is that possible all students and techers or professers have a healthy insurance from their university or college - Research Paper Example The students as well as the professors spend the maximum time of their day in the college or the university which enhance the probability of accidents, being the main reason why health insurance is not only a possibility rather a necessity. Firstly, as a general rule health coverage is found to be directly correlated with better health outcomes amongst individuals (Bovbjerk & Hadley 2007), this being the main reason for acquiring a reliable insurance plan. Students and even professors work under high pressure situations in a competitive college environment which increases the risks of acquiring health problems. Thus, the need for a reliable health insurance plan by the universities increases as better health outcomes will lead to a high production. Nowadays, the cost for education is being increased by every passing day which puts a lot of pressure on the students. Besides, there is a lot of competition in the job market which further stresses out the students. An average student is found struggling to balance school life, work life and the social life which increases the risks of anxiety and depression. To counter this condition, universities and colleges should ensure a health insurance plan along with regular checku ps as basic requirements to make sure that the students are in best health. Secondly, depending on the degree and the college environment, various activities pose different threats to the health of an individual (Baker 2010). For instance, sports are the basic components of the school as well as university life of many students. Some of these sports are highly aggressive in nature and chances are that a severe injury might occur. It is the sole responsibility of the college in this case to keep the students covered under a reliable health insurance policy. Also, students conducting experiments in the lab handling highly toxic chemicals are also at a high risk of getting mild injuries. In such a scenario, the college or the university is responsible

Miderm worksheet Essay Example | Topics and Well Written Essays - 250 words

Miderm worksheet - Essay Example n to the visual craft in this feature, the sum of the ensembles and surroundings were vibrant and delightful, and there wasnt anything that I would not like to take a gander at in light of the fact that it was all so exquisite and rich. I needed to recollect everything about the feature on account of the extent to which it invigorated my psyche. After sketching this out I learned that the content that stuck in my head was the part of her dancing for the man while he smokes his cigar. I learned that much of this video is about sexuality, the female nude, the male gaze and how woman can use their sexiness to gain the attention of a man. I also learned that I am a terrible drawer. 7. List descriptive details in the work that you find significant (angles, colors, focal points, characters, motion, sound, attire, shapes, mood, lighting, etc.) that help you understand the work. You need to understand and describe specific details of the work in order to derive meaning from it and interpret it. Otherwise, an interpretation likely has little grounding. The garments was unquestionably extremely noteworthy to help me comprehend this work, this music feature was honestly alluring and much of it is simply Beyoncà © moving in constrained dress for her spouse Jay-Z. I think having him in the music feature was additionally a tremendous a piece of this and seeing as this was her first collection discharged since conceiving an offspring I think having her spouse in the feature spoke to how she could in any case be an attractive lady considerably in the wake of having a child. The lighting in one of the parts is made to show simply her shape as she moves exposed on a seat, the bends in her body and point from her heel make her extremely engaging the eye. I could see why Jay-Z might need to gaze at her throughout the night Sexy, seductive, womanly, stimulating, empowering, risky, revealing, showy, burlesque, at the same time this video was also very degrading to women, needy for

ARTICLE REFLECTION Essay Example | Topics and Well Written Essays - 500 words

ARTICLE REFLECTION - Essay Example One of the biggest hindering factors to poor decision-making Mauboussin points out is overconfidence. People make poor decisions because they tend to think they are above-average; are optimistic; and have the illusion of having control over the situation. The experience and training people gain over the years influence their perceptions which inevitably lead to poor judgments and predictions. Another, major factor which influences decision-makers is the perception of the outside world. When decision-makers are confused by their internal information, they turn towards the outside world to gauge how others have dealt with similar problems. People try to find trends and events to base their own decisions on. Sometimes this is effective but at other times miscalculation can occur due to wrong interpretation of data, information bias and sometimes simply because trends do not account for ad hoc situations. Nevertheless, this outside view, according to Mauboussin is a more realistic approach because it gives a "reality check" to decision-makers. It offers decision-makers the opportunity to evaluate and contemplate which is an important in decision-making. However, I am of the view that decision-making is a combination of both internal and external knowledge. One cannot negate the fact that internal knowledge, ones professional experience and learned processes are also critical for decision-making. Mauboussin seems to have leaned on external factors more as opposed to internal factors for effective decision, a bias in my view. If all decision-makers start to rely exclusively on external information and trends, then it would be difficult to make instantaneous decisions in the field such as in the case of doctors, paramedics, firefighters and other life-saving professionals. Furthermore, I feel that Mauboussin has overly relied on his financial background in writing

The Rivalry Between India And Pakistan History Essay

The Rivalry Between India And Pakistan History Essay If there were only two men in the world, how would they get on. They would help one another, harm one another, flatter one another, slander one another, fight one another, make it up; they could neither live together nor do without one another. Voltaire, Philosophical Dictionary, 1764. INTRODUCTION 1. The South Asian region, which includes states of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka has long been significant in world affairs. It is a region of great racial diversity with innumerable cultures, languages, and religions. No other region in the world possesses such unique distinctions and characteristics. India has common boundary with all other six states of this region, but no other country has a common boundary with each other. So India is assumed as the core of the South Asian system. This geo-strategic reason has made India a regional power. 2. Throughout history, South Asia has faced many wars. In the 8th and 12th century, Arab and Turkish Muslims took over the control of this region from Hindus fighting many wars. Religion and expansion of territory were the main causes of those wars. Then came the Mugals in the 15th century and fought innumerable wars for establishing control and expanding their territory. In the 17th century the British came and gradually took over the region through numerous wars in establishing their colonies. Though Nepal was the only the nation that the British Empire failed to colonise. Then the people of this sub-continent started their movements for independence against British Imperialism inspired by nationalism. Ultimately the British had to leave the region in 1947. 4. After India becoming independent, this region also faced different conventional and unconventional wars. There were four conventional wars fought in this region: between India and Pakistan in 1948, 1965 and in 1971 and between India and China in 1962. There were many unconventional wars in this region: Sikh, Naga, and Mizo problems in India, Baluch and Sindh problems in Pakistan, Chakma insurgency in Bangladesh, Tamil insurgency in Sri Lanka, and Maoist insurgency in Nepal; etc. Interestingly, India is assumed as one party of this conflict within this region directly or indirectly. 5. South Asia, the most poorest region of the old utilising their budget mostly in other sector like defense and solving conflicts instead of in the development sector. In the case of Nepal, she is also using a good amount of budget in the peace process and conflict management. CAUSES OF WARS IN SOUTH ASIA 6. Study of the conflicts in South Asia shows that the numbers of conventional wars are less in number and in severity than the unconventional wars. There were multifarious causes of wars in South Asia. No single cause was directly responsible for any war or conflict in this region. The causes of wars in South Asia in general are discussed in the following paragraphs. Consequence of the Cold War 7. Since independence of the countries of this region, it has been an arena of clashing interests and economic, political and diplomatic competitions of the major powers. But those powers did not engage themselves in direct large-scale military confrontation. For all the countries of South Asia, large and small, relations with the United States, the former Soviet Union, and China are extensive and of great significance. 8. In 1947 India established good relation with USSR. In 1949 Pakistan also established good relation with Soviet Union as a result of Indias relation with USA. A Cold war was introduced in this region when Pakistan joined South East Asian Treaty Organization (SEATO) in September 1954 and the Baghdad Pact in September 1955. India and Pakistan both took the chance of strained relations between the two super powers due to the cold war. In this context the USA supported Pakistan and the USSR supported India. India and Pakistan both received Military aid worth of billions of dollars from these two super powers. Pakistan also established good relation with China to counter India and was supported substantially. 9. It can easily be deduced that in addition to heavy economic assistance, vast quantities of military supplies flowed into the sub-continent, which led to the endless arms race between India and Pakistan since independence. Nuclear tests by both the countries in 1998 were a clear example of the severity of the arms race between these two countries. Also both of them were competing as a nuclear country that they made nuclear tests one after another. The arms race between India and Pakistan and the role played by the major powers due to the cold war situation were responsible in leading to the Indo-Pakistani wars (in 1965 and 1971). These were also responsible for the border war between India and China in 1962. India Factor 10. Geo-strategically India has a greater advantage than other states of this region. This region is Indo centric, which is unique in the world system. Geographically, economically and population wise India is largest country in this region. India occupies 72% of the area of this region and bears 77% of its population. She also generates 78% of the gross national product of this region. So India is known as the regional super power for South Asia. Its assumed that India was the one of the participants of all conventional and unconventional wars fought in this region directly or indirectly. 11. India is in advantageous position to intervene in the internal affairs of other countries of this region. Study of insurgencies and communal violence in this region also proves that it is India, who directly or indirectly helped the militants. Involvement of India can be clearly understood in the Tamil crisis in Sri Lanka, the Chakma crisis in Bangladesh, the Nepalese exiles; etc. 12. India as a regional power always wanted to dominate the region. She also wants to limit the influence of outside power, upon her neighbours, as she takes into account her neighbours as an integral part of her security. India was always sensitive about the presence of extra-regional power in South Asian politics. Rise of Sub-State Nationalism 13. The South Asian region is one of the most populous areas in the world. There are numerous communities in this area who are from different religions, tribes, and speak in different languages. Since the primitive days there were conflicts between the communities. In a multi-racial and multi-cultural society when a particular group of people establishes domination over power and hampers equal distribution of resources and other amenities, trouble starts within a country. Indians fought their British rulers as one entity, but once near the freedom they were split and become two countries as Pakistan (Muslim majority) and India (Hindu majority). Lately in 1971 West Pakistan also separated as Bangladesh (Bengali majority). Most countries within this region were/are facing internal conflict; e.g. Maoist problem of India in some states, Tamil problem of Sri Lanka, Maoist and Terai problem in Nepal. 14. In present context the Janajati leaders of Nepal are uniting for a caste system state. Madhesi parties are uniting for Terai demanding one Madhesi state. Far western people say that they need a undividable far eastern state and some demand Tharuhat, Limbuwan, Tansaling, Tamuwan, Newa State; etc. This shows the rise of sub-state nationalism. Not only Nepal, but most of the South Asian countries are facing this sort of problem; e.g. Gorkhaland state fighters at Paschim Bengal India. Neo-Colonialism 15. Nowadays the concept of domination by capturing the land physically is almost over. Today powerful states try to exert their influence on less powerful states by neo-colonizing them; i.e. by controlling them economically as well as politically. Market domination is one of the major measures for neo-colonizing other states in this age. India always wanted South Asia as her secured market for industrial as well primary products. She is almost successful in achieving her purpose, only Pakistan is in a challenging position. Rivalry between India and Pakistan 15. South Asian conflicts revolved basically around the traditional and endless conflicts and rivalry between India and Pakistan and their respective relationship with other states of the region. The roots of the conflict are complex and can be traced back to the demand for a separate homeland for the Indian Muslims. The organizing principles of the two states are different; one based on religion and the other on secularism. This has affected their internal politics. They also have disputes over territories, have mutual suspicions and distrust. At present a situation of low intensity conflict is prevailing between India and Pakistan on the Kashmir issue. But it is not expected to achieve anything bilaterally due to the nature and state of relations between the two; also the stalemate over Kashmir is likely to continue for an indefinite period. 16. The nuclear tests by both the countries in 1998 have further complicated the situation. The conflict between India and Pakistan is too emotional. They are also lacking sophisticated command and control system for nuclear weapons. All these might spark an accidental nuclear war between these two countries, which may have spill over effect on all other countries of the region. Poverty of South Asia 17. This region is the most poorest in the world. Every Nation bearing this problem because of bad governance, internal conflicts, corruption; etc. Per capita income of all nations is low and GDP is also low. Because of poverty, living standards of the majority of the people within this region is horrible. Some of the internal conflicts of the region are just because of poverty; e.g. insurgency in Nepal, Maoist problem in some states of India; etc. Conclusion 18. Causes of wars varied with the changes of world systems in different ages. In the primitive days people used to fight wars for very simple causes. But with the technological and social advancement these causes have become complex and multi-dimensional. Today the contemporary schools of war divide the causes into two groups. Sometimes the State itself becomes the cause of war. Nationalism also considered as a major cause of war. Role of special interest groups in a state cannot be ruled out both in developed and under-developed countries. 19. The South Asia region has long been significant in the world affairs. Throughout the history this region was the focal point of the western interest, which caused many wars. These ranged from minor irritants and non-violent disputes to full-scale wars since the World War II. So far four conventional wars were fought in this region of which three were between India and Pakistan. 20. Poverty within South Asia is one of the most challenging problems in the region. Boarder disputes, rivalry between India and Pakistan, sub-state nationalism are also the problems for this region which may cause wars. Solving this problem requires good leadership in each nation, regional cohesiveness and far sight vision of regional leaders is necessary.

chlamydia Essay -- essays research papers

CHLAMYDIA What is Chlamydia? Chlamydia is a sexually transmitted infection caused by bacteria. It is estimated that chlamydia is the most common STD with 3 - 4 million new cases each year. Rates of chlamydia are highest in the West and Midwest, part of the contry. How is it Spread? Chlamydia is spread by direct person-to-person contact. It is almost always transmitted through sexual contact. It is also possible for pregnant women to pass the bacteria to their infant during birth. How Do you Know if you are Infected? Because symptoms are not always present, you may be infected with chlamydia and not know it. You can be tested for chlamydia and other sexually transmitted diseases at your local doctor. To test for chlamydia, the physician will use a cotton swab to collect cells from your genitals. What are the Symptoms? If present, symptoms may appear in a week to a month after infection. Seventy-five percent of persons with chlamydia may show no symptoms. Men are more likely than women to show signs of infection. Chlamydia in Men Painful urination. Mild, sticky, milky or mucus-like discharge from penis Testicular pain Irritation around opening of the penis Symptoms may seem to "come and go" Chlamydia is often silent in women, with up to 90% of women asymptomatic. Women can carry the bacteria for months or even years without knowing it. This makes screening very important. When symptoms do present, they include the following: Chlamydia in Women Mild, milky or ...

Cases

1. Commonwealth v State of Tasmania http://en. wikipedia. org/wiki/Commonwealth_v_Tasmania 2. Lee v Knapp In Lee v Knapp [1967] 2 QB 442 an Act required that a motorist â€Å"stop† after an accident. The defendant claimed that they did in fact momentarily halt, before proceeding, therefore complying with a commonly accepted literal meaning of â€Å"stop†. The judge found that in this circumstance â€Å"stop† meant halt and wait for police or other officials to investigate the accident. A literal interpretation was against the purpose of the law. 3a Smith v Hughes SMITH v HUGHES (1960) 1 WLR 830 LORD PARKER CJ: These are six appeals by way of case stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by police officers against the defendants, in each case that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to section 1 (1) of the Street Offences Act, 1959. ’ The magistrate in each case found that the defendant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the defendant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the attention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s. 1 (1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. LORD PARKER CJ: These are six appeals by way of Cases Stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by the respondent in each case against the appellant for that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. The magistrate in each case found that the appellant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the appellant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the ttention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s 1(1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. HILBERY J: I agree. 9, Curzon Street, from the papers in front of us, appears to be let to two prostitutes who practise their profession from that address, and the way of practising it is shown by the Cases Stated, as my Lord has said; in one case by tapping on the window pane with some metal object as men passed by in the street in front of her, and then openly inviting them into her room. In the other cases it was done by tapping on the windows of various rooms occupied by these prostit utes and then, if the window was open, giving nvitations by way of solicitation or signals representing solicitation. In each case signals were intended to solicit men passing by in the street. They did effect solicitation of the men when they reached those men. At that moment the person in the street to whom the signal was addressed was solicited and, being solicited in the street, I agree with the conclusion of my Lord and for these reasons I have intimated that these appeals must be dismissed. DONOVAN J: I agree with both the judgments which have been delivered. Cases stated These were appeals by Cases Stated from the adjudications of one of the magistrates of the police courts of the metropolis sitting at Bow Street Magistrates’ Court as a magistrates’ court, before whom informations were preferred on 27 November 1959, 8 December 1959, 5 January 1960 and on a day unknown in 1960 by the respondents, police officers, that the appellants, Marie Theresa Smith and Christine Tolan being common prostitutes, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. There were two informations against Marie Theresa Smith, which were heard on 4 February 1960, when the following facts were found. The appellant was a common prostitute, living at 39, Curzon Street, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 8. 50 pm and 9. 5 pm the appellant solicited men passing in the street for the purposes of prostitution from a first floor balcony of 39, Curzon Street, the balcony being some eight to ten feet above street level. The appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the balcony railing with some metal object and by hissing to them as they passed in the street beneath her, and (ii) having so attracted their attention, to talk with them and invite them to come inside the said premises by such words as ‘Would you like to come up here a little while? ’ at the same time as she indicated the correct door of the premises. That on 9 January 1960, between 12. 0 am and 1 am the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street, the window being some three feet from railings, four feet high, which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) hav ing so attracted their attention, to invite them in for a price which she indicated by extending three fingers of her hand and indicating the correct door of the premises. That on one occasion the price so indicated by the appellant was agreed and the man entered the premises, leaving some fifteen minutes later. On another occasion the price so indicated by the appellant was not agreed by the man concerned, who made a counter-proposal as to price by extending two fingers of his hand. This counter-proposal was not accepted by the appellant and the man walked away. There were four informations against Christine Tolan which were heard on 4 February 1960, two being heard also on 8 February 1960, when the following facts were found. That the appellant was a common prostitute living at 39, Curzon Street, London, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 9. 25 pm and 9. 35 pm the appellant solicited men passing in the street for the purposes of prostitution from a half-open ground floor window of 39, Curzon Street, the window being some three feet from four feet high railings which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by half leaning out of the window towards the men as they passed by in the street in front of her and (ii), having so attracted their attention, to talk with them and invite them inside the premises by such words as ‘A short time for ? 3’ at the same time as she indicated the correct door of the said premises. That on 4 December 1959, at about 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii), having so attracted their attention, to invite them inside the premises by smiling and indicating the correct door of the premises. That on one occasion a man accepted the appellant’s suggestion and went towards the door of 39, Curzon Street, which the appellant was holding open ready for him to enter. However, when a police officer came up, the appellant hastily slammed the door and the man left (not having entered the premises). About five minutes later a second man left the premises. That on 5 December 1959, at about 10. 40 pm the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) having so attracted their attention to talk to them and invite them inside the said premises at the same time as she indicated the correct door of the said premises. That on 15 December 1959, between 10. 30 pm and 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a partly open first floor window of 39, Curzon Street, the window being about ten feet above street level. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street beneath her and (ii) having so attracted their attention, to invite them in by gestures and for a price she indicated by extending three fingers of her hand and indicating the correct door of the premises. It was contended for the appellants that the balcony; the interior of the premises behind a closed or half closed window on the ground floor; and the interior of a building behind a slightly open window on the first floor were not ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly no offence had been committed. It was contended for the respondents that the soliciting had taken place ‘in a street’ within the meaning of that Act. The magistrate was of opinion that the said soliciting had taken place ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly convicted the appellants. 3. Carlill v Carbolic Smoke Ball Co. [1983] 1QB 256 (p259) Background The British influenza epidemic of 1891-92 extracted a heavy toll on human life. To the purveyors of quack medicines it provided a wonderful opportunity. The last decade of the nineteenth century was the golden age of quackey and the carbolic smoke ball patented by Frederick Roe in December 1989 was merely one of a range of devices that were aggressively promoted to a naive public at that time. Roe’s patent application described his smoke ball as ‘An improved device for facilitating the distribution, inhalation and application of medicated and other powder’ Although the patent specification envisaged other powders being used, Roe confined himself to using carbolic acid or phenol in powder form, this being the standard germ killer of the time. Early advertisement for this smoke ball made typically extravagant claims: Will positively cure Influenza, catarrh, Asthma, Bronchitis, Hay fever, Neuralgia, Throat deafness, Hoarseness, Loss of voice, Whooping cough, Croup, Coughs, Colds, and all other ailments caused by Taking cold. Facts An advertisement that offered a reward of ? 100 ‘ to any person who contracts the increasing epidemic, influenza, colds,†¦after having used the ball according to the printed directions’. Gave rise to litigation. The company was so convinced of the infallibility of its product that its advertisement pointed out that it had deposited the sum of ? 000 with its bank as ‘proof of its sincerity’. The advertisement that gave rise to the litigation first appeared in the Pall Mall Gazette on 13 November 1891. Mrs Carlill bought a carbolic smoke ball from a chemist shop, and used it three times daily for two weeks in accordance with the written instructions, she nevertheless c ontracted influenza. When the company refused to pay the ? 100 reward, Mrs Carlill sued for breach of contract. Issues In this defence the Carbolic smoke ball co. raised virtually every possible argument that was available to deny the existence of a contract. In summary he company argued that: †¢ The newspaper advertisement was not an offer †¢ Even if it was an offer, Mrs Carlill had not validly accepted the offer. †¢ Even if she had, the arrangement was not intended to create the legal relations †¢ Even if it was, she had provided no consideration in exchange for the company’s promise †¢ Even if a contract had been formed, it was of no effect since it failed to meet certain statutory requirements. Decision The English court of appeal dismissed all of these arguments and held that a valid contract had been formed and consequently Mrs Carlill was entitled to the ? 100. Implications For present purposes, the main implications of the case are in the way that court of appeal rejected the various arguments advanced to suggest that the advertisement didn’t constitute an offer. The company’s argument that the advertisement was not a statement that people would take seriously (it was a ‘mere puff’) was rejected by reference to the statement that ? 1000 had been deposited with the Alliance Bank to show the company’s ‘sincerity in the matter’. Lindley LJ(at 261) stated: Now, for what was the money deposited or that statement made except to negative the suggestion that this was a mere puff and meant nothing at all? The deposite is called in aid by the advertiser as proof of his sincerity in the matter- that is, the sincerity of his promise to pay this ? 100 in the event which he has specified. I say this for the purpose of giving that point to the observation that we are not interring a promise, there is the promise, as plain as words can make it. The company argued that the advertisement was so vague and incomplete that reasonable people wouldn’t interpret it. To contain any legal promise. For example, the advertisement didn’t specify any time limit within which a person had to contract influenza in order for them to claim the reward. Neither was there any way for the company to check that smoke ball had been correctly used. Bowen LJ held that: The answer to that argument seems to me to be that if a person chooses to make extravagant promises of this kind he probably does so because it pays him to make them, and, if he has made them, the extravagance of the promises is no reason in law why he shouldn’t be bound by them. Lindley LJ conceded that the language was vague and uncertain in some respects but nevertheless considered that ‘business people or reasonable people ‘ would understand it to mean that ? 00 would be paid to anybody who used the smoke ball three times daily for two weeks according to the printed directions, and who contracted influenza within a reasonable time after so using it. In response to the company’s argument that an offer had to be directed at a particular person or persons and couldn not be made to the whole world. Browen LJ stated that: It was also said that the c ontract is made with all the world. †¦that is †¦with everybody, and that you can not contract with everybody. it is not a contract made with all the world. There is fallacy of the argument. It is an offer made to all the world,and why should not any offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition? It is an offer to become liable to any one who, before it is retracted, performs the condition, and although the offer is made to the world, the contract is made with that limited portion to the public who come forward and perform the condition on the faith of the advertisement. 4. Havey v Facey [1983] (p259) 5. Pharmaceutical society of Great Britain v Boots Cash Chemist (p258) 6. Fisher v Bell (p257) 7. Partridge v Crittenden (p257) 8. R. Clarke (p265) Clarke, had claimed ? 1000 from the police in the following circumstances. In May 1926 the commissioner of police gave notice by proclamation that he was authorized by the government of western Australia to ‘offer a reward of ? 1000 for such information as shall lead to the arrest and conviction of the person who committed the murders’ of an inspector of police and a sergeant of police, and that the governor would be advised to extend a free pardon to any accomplice not being the person who actually committed the murders who should first give the information. In June, one Treffene and Clarke were arrested and charged with one statement which led to the arrest of one coulter. Coulter and Treffene were convicted of the murder, Clarke giving evidence in accordance with is statement. Clarke was released and claimed the reward. The R alleged inter alia by way of defence that his statement was not made with a view to obtaining the reward. His petition was dismissed at first instance, the judge finding that he had not acted on the faith entering into any contract, but rather that he acted to save himself from the unfounded charge of murder. The plaintiff failed in an action to claim a reward offered for information leading to the conviction of a murderer. He knew of the reward but be admitted in court he gave the information to save himself from being charged with the murder and with the reward’ not present to his mind’. Higgins J, 241 stated that: The motive inducing consent maybe immaterial but the consent is vital. Without that there is no contract†¦Clark had seen the offer, indeed, but it was not present to his mind.. he had forgotten it, and gave no consideration to it, in his intense excitement as to his own danger. There can not be assent without knowledge of the offer, and ignorance of the offer is the same thing whether it is due to never hearing of it or forgetting it after hearing. (Acceptance must be made in reliance on the offer) 9. Hyde v Wrench June 6. The defendant wrote to the plaintiff offering to sell his farm for ? 1000. The plaintiff’s agent immediately called on the defendant, and made an offer of ? 920 which the defendant wished to have a few days to consider. June 27, the defendant wrote to say that he could not accept this offer. June 29, the plaintiff wrote ‘accepting’ the offer of June 6. The plaintiff brought an action for specific performance. The defendant filed a general demurrer. The Master of the rolls: Under the circumstances stated in this bill, I think there exists no valid binding contract between the parties for the purchase of the property. The defendant offered to sell it for? 1000, and if that had been at once unconditionally accepted, there would undoubtedly have been a perfect binding contract. Instead of that, the plaintiff made an offer of his own, to purchase the property for ? 950, and he thereby rejected the offer previously made by the defendant. I think that it was not fterwards competent for him to revive the proposal of the defendant, by tendering an acceptance of it, and that, therefore, there exists no obligation of any sort between the parties, the demurrer must be allowed. 10. Stevenson Jacques & Co. v McLean The plantiffs and the defendant were negotiating about the sale of a quantity of iron for which the defendant held warrants. Saturda y: The defendant wrote: â€Å"†¦I would now sell for 40s. net cash,open till Monday. † Monday: The plaintiffs telegraphed: â€Å"Please wire whether you would accept forty for delivery over two months, or if not, longest limit you would give. The defendant received the telegram at 10. 01am and subsequently sold the iron to a third party. 1. 25pm: the defendant telegraphed that he had sold the iron. 1. 3pm: the plaintiffs, having had no reply to their telegram, telegraphed again, accepting the offer to sell at 40s. cash. 1. 46pm: the defendant’s telegram arrived. The plaintiff sued for breach of contract, and the defendant objected that the telegram sent by the plaintiffs on the Monday morning was a rejection of the defendant’s offer and a new proposal on the plaintiffs’ part, and therefore that the defendant had a right to regard it as putting an end to the original negotiation. Lush J: Looking at the form of the telegram, the time when it was sent, and the state of the iron market, I can not think this is its fair meaning. The plaintiff Stevenson said he meant it only as an inquiry, expecting an answer for his guidance, and this, I think, is the sense in which the defendant ought to have regarded it. Stevenson, Jacques & Co v. McLean (1880) 5 QBD 346 is an English contract law case concerning the rules on communication of acceptance by telegraph. Its approach contrasts to the postal rule. McLean wrote to Stevenson, Jacques & Co. n Middlesbrough asking if he could get an offer for warrants on iron ore. He said 40s per ton in cash was the lowest price, the offer open till Monday. At 7. 42am, Stevenson telegraphed saying ‘Please wire whether you would accept forty for delivery over two months, or if not, longest limit you could give. ’ McLean did not answer, and sold at 1. 25pm to someone else. Stevenson, before hearing, telegraphed saying he had secured a price. McLean refused to deliver the iron, and Stevenson brought an action for non-delivery. Lush J held that the plaintiffs’ telegram at 9. 42 was not a rejection of the offer but a mere inquiry about whether the terms could be modified. Although McLean was at liberty to revoke the offer before Monday finished, that was not effective until it reached the plaintiffs. Therefore McLean’s offer was still open when Stevenson accepted it. 11. Power v Lee(266) 12. Felthouse v Bindley (p265) 13. Household Fire Insurance v Grant (267) 14. Holwell secutrities v Hughes (p267) 15. Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34 is a leading decision of the House of Lords on the formation of a contract using telecommunication. The Lords largely accepted the earlier leading decision of Entores v Miles Far East Co. [1955] 2 QB 327 on acceptance via telex. Brinkibon was a London company that purchased steel from Stahag, a seller based in Austria. Brinkibon sent their acceptance to a Stahag offer by Telex to Vienna. Brinkibon later wanted to issue a writ against Stahag and applied serve an out of jurisdiction party. They would only be able to do so if the contract had been formed in England. The question at issue was where the contract was formed. The Lords decided that the contract was formed in Vienna. They accepted the principle in Entores v Miles Far East Co where in the case of instantaneous communication, which included telex, the formation occurs in the place where the acceptance is received. Lord Wilberforce, however, did not see the rule as applying to all circumstances: Since 1955 the use of Telex communication has been greatly expanded, and there are many variants on it. The senders and recipients may not be the principals to the contemplated contract. They may be servants or agents with limited authority. The message may not reach, or be intended to reach, the designated recipient immediately: messages may be sent out of office hours, or at night, with the intention, or on the assumption that they will be read at a later time. There may be some error or default at the recipient’s end which prevents receipt at the time contemplated and believed in by the sender. The message may have been sent and/or received through machines operated by third persons. And many other variants may occur. No universal rule can cover all such cases; they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgement where the risks should lie. 16. Dickinson v Dodds (1876) (p261) Dodds offered to sell Dickson some houses for ? 800. This offer was stated ‘to be left over Friday, 9am’. However, Dodds sold the houses to someone else on the Thursday. Dickson heard of this sale indirectly but still handed Dodds a formal acceptance of the offer before 9am. Friday, it was held that no contract was formed with Dickson. The offer had been revoked before acceptance since Dickinson had actually received notice of the revocation even though this was not from the offeror. (General rule: an offer can be revoked (withdrawn or cancelled) by the offeror any time before it is accepted. A revocation is not effective until the offeree becomes aware of it. It is not necessary that offeror personally communicate the revocation to the offeree. It is sufficient if a reasonable person would be aware that the offer had been withdrawn. 17. Byrne & Co. v. Van Tienhoven & Co. October 1: The defendants, in Cardiff, posted a letter to the plaintiffs, in New York, offering to sell them 1000 boxes of tinplates. October 8: The defendants posted a letter revoking their offer. October 11:The plaintiffs telegraphed acceptance October 15: The plaintiffs confirmed their acceptance by letter. October 20: The defendants’ letter of revocation reached the plaintiffs. (Revocation is effective when it arrives. Postal acceptance Rule) 18. Rose & Frank Co. v Crompton & Bros. The defendant manufactured carbon paper in England. The plaintiff bought the defendant's paper and sold it in New York. After dealing with each other for a number of years they entered into a written agreement as to the plaintiff having exclusive rights to buy and sell the defendant's goods. The agreement stated: â€Å"This agreement is not a formal or legal agreement. It will not be subject to the jurisdiction of either the British or American courts. It is a record of the intention of the parties to which they honourably pledge themselves and is to be carried out with mutual loyalty and friendly co-operation. Following a series of disputes the plaintiff claimed that the defendant was in breach of the agreement and the trial judge held that it was legally binding. The defendant appealed and the Court Of Appeal overturned the decision – it was quite possible for parties to agree that a legal relationship would not be formed. Bankes LJ said that an intention to be legally bound was essential. With business arrangements it usual ly follows as a matter of course that legal relations are intended. Whilst it was â€Å"most improbable† that firms engaged in international business arrangements should not have intended legal consequences there is no legal obstacle to prevent them from doing so. He added further that there is no law or issue of public policy that should preclude this rule. Thus after reading the agreement in its ordinary meaning, he said â€Å"it is manifest that no action can be maintained on the basis of it. † (Intention to create relations) 19. Balfour v Balfour (p271) 20. Merritt v Merritt The court held that the presumption that agreements between husband and wife are not intended to create legal relations doesn’t apply when they are not living in amity but are separated or about to separate. H had left W and was living with another woman. He agreed to pay W ? 40 a month. And signed a written agreement that, in consideration of W’s paying off the mortgage on their jointly owned house, he would then transfer it to her sole ownership. W paid off the jointly owned house, he would then transfer it to her sole ownership. W paid off the mortgage, Stamp J, made a declaration that W was the sole beneficial owner. H’s appeal was dismissed. Lord Denning said:’In all these cases the court does not try to discover the intention by looking into the minds of the parties. It looks at the situation in which they were placed and asks itself: would reasonable people regard this agreement as intended to be binding? † (google)A husband and wife separated. They then met to make arrangements for the future. After this the husband agreed to pay ? 40 per month maintenance, out of which the wife would pay the mortgage. When the mortgage was paid off it was agreed he would transfer the house from joint names to the wife's name. He wrote this down and signed the paper, but later refused to transfer the house. It was held that when the agreement was made, the husband and wife were no longer living together, therefore they must have intended the agreement to be binding, as they would base their future actions on it. This intention was evidenced by the writing and therefore the husband had to transfer the house to the wife. 21. Jones v Vernons Pools Ltd (p272) 22. White v Bluett (p277) 23. Roscorla v Thomas (p277) 24. Re Casey’s Patents (google) A and B owned a patent and C was the manager who had worked on it for two years. A and B then promised C a one-third share in the invention for his help in developing it. The patents were transferred to C but A and B then claimed their return. It was held that C could rely on the agreement. Even though C's consideration was in the past, it had been done in a business situation, at the request of A and B and it was understood by both sides that C would be paid and the subsequent promise to pay merely fixed the amount. (past consideration is good if: Must be done at the promisor's request Parties understand that the act was to be rewarded. Payment must have been legally enforceable had it been promised in advance) 25. Collins v Godefroy This case (Collins v Godefroy [1831] 1 BAd 950) is the archetype of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. Godefroy promised Collins six guineas if he would attend court to testify on his behalf. At his agreement, Collins was subpeonaed. Godefroy refused to pay. In his defence, he claimed that there was no consideration moving from Collins, as he was obliged to attend court anyway. This view was upheld by the court. (It was held that as Collins was under a legal duty to attend court he had not provided consideration. His action therefore failed. ) 26. Ward v Byham The father of an illegitimate child agreed to pay the mother a sum of money for maintenance, provided that the child be well looked after and happy, and that the mother offer the child the choice of which parent to live with when she was old enough to understand. The father made payments until the child's mother married, and then he refused. The mother sued for breach of contract. The father's defence was that there was no consideration to the agreement, as the mother was legally obligated to care for the child. The Court of Appeal ruled that the mother had exceeded her statutory duty by bringing up the child in a particular way, and in accordance with the wishes of the father, and this was sufficient consideration. (Do more than public duty is good consideration) 27. Dunton v Dunton (p277) 28. Glasbrook Brothers Ltd v Glamorgan County Council (p278) 29. Stilk v Myrick (p278) 30. Musumeci v Winadell Pty Ltd (p278) 31. Shadwell v Shadwell (279) 32. Hartley v Ponsonby (p279) 33. Pinnel’s case ( ) The plaintiff sued the defendant for the sum of ? 8 10s. The defence was based on the fact that the defendant had, at the plaintiff's request, tendered ? 5-2s-6d before the debt was due, which the plaintiff had accepted in full satisfaction for the debt. payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, a lesser sum can be a satisfaction to the plaintiff for a greater sum: but the gift of a horse, hawk, or robe, etc. in satisfaction is good†¦ [as] more beneficial to the plaintiff than the money. The rule is obiter dicta. In Pinnel's Case itself the debt was paid before the date of satisfaction, which was considered good consideration. 34. Foakes v Beer (p279) 35. Central London property Thust Ltd. v High Tress house Ltd. (p281) 36. Waltons Stores (interstate)Ltd. v Macher (p281) 37. Donoghue v Stevenson (p172) 38. Perre v Apand (p201) 39. Bolton v Stone (p187) 40. Haley v London Electricity Board (photocopy) 41. Pairs v Stepney BC (p190) 42. WATT v HERTFORDSHIRE COUNTY COUNCIL [1954] 1 WLR 835 DENNING LJ: †¦ It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. Full text SINGLETON LJ: The plaintiff was employed in the fire service under the control of the defendants and he was stationed at Watford. He had a serious accident on 27 July 1951, as a result of which he brought this action, claiming damages for negligence. His case is that the defendants undertook to exercise the care which they owed to him and to other men employed in the fire service, and he gives particulars of negligence. There are always firemen on duty at the fire station at Watford, and on 27 July 1951, an emergency call was received there to the effect that there had been an accident and that a woman was trapped under a heavy vehicle about two hundred or three hundred yards away. In view of the nature of the emergency the officer in charge, Sub-officer Richards, gave directions that two teams of men should go out, and he himself went with the first team. It was clear that there might be need for lifting apparatus of some kind, and at the fire station there was a jack capable of raising heavy weights. The jack did not belong to the fire service. It was the property of London Transport Executive, whose practice it is to lend out jacks of this kind to various fire stations, and, perhaps, to other bodies, so that they can be on call in case of need. Thus, the jack was on loan to the defendants at this fire station. It is only on rare occasions that there is an emergency call requiring the services of a jack of this kind. The plaintiff had been in the fire service in Hertfordshire since 1939, and he had only known of one emergency call on which a jack was required. The defendants had an Austin vehicle fitted to carry this jack. The fire station at Watford is not a large one, and it had not a great many vehicles. The Austin vehicle was the only one fitted to carry the jack, but it was not kept purely for that purpose. It had other services to perform during part of the week, and on this day it was properly out on other service. The jack stands on four small wheels, two of which are castored, which means that they may turn all the way round the circle. There was at the fire station only one vehicle on which the jack could be carried in the absence of the Austin vehicle, a Fordson lorry, and before leaving with his team Sub-officer Richards told the leading fireman in charge of the second team, of which the plaintiff was a member, to take the jack on the lorry. Consequently, the five men in the second team lifted up the jack, which weighed between two and three hundredweight, and put it on to the flat Fordson lorry, which had boards at the sides and a tailboard. They got on the lorry themselves, two in the front seat, and three sitting in the body. The plaintiff was in the forward part of the body on the right-hand side, and the other two men there were, perhaps, a little further back and on the other side, and they held the jack somehow. Obviously there might be movement of the jack in the lorry, for there were no means of securing it, no place on which anything could be tied, and no built-in system which would prevent movement. There was, therefore, a risk. The men knew what they were doing. They started their journey, which was only two hundred or three hundred yards. But on the way something happened to cause the driver to apply his brakes suddenly, the jack moved inside the lorry, the plaintiff’s leg was caught, and he was injured. In these circumstances he claimed that the defendants, his employers, were negligent in that they ‘(a) failed to load or secure the said lifting jack in such a way that it could not become dislodged;(b) loaded the said lifting jack in such a way that they knew or ought to have known it was likely that if the said lorry pulled up suddenly the same would become dislodged and cause injuries to any person riding on the back of the said lorry;(c) permitted and/or caused the laintiff to ride on the back of the said lorry on to which the said lifting jack had been loaded as aforesaid;(d) caused or permitted the said jack to be transported on the said lorry which as the defendants knew or ought to have known was not provided with clips straps or other suitable means to secure the same;(e) failed to provide any or any adequate supervision of the loading of the said jack on to the said lorry’; and it was claimed that the plaintiff’s accident was due to negligence, and that he was entitled to recover damages against the defendants. Barry J heard the action, and on 16 December 1953, he gave judgment in favour of the defendants, holding that it was not shown that they had been guilty of any negligence towards the plaintiff or towards their other employees. I am in complete agreement with his judgment. The fire service is a service which must always involve risk for those who are employed in it, and, as counsel for the plaintiff pointed out, they are entitled to expect that their equipment shall be as good as reasonable care can secure. An emergency arose as often happens. Mr Richards, the sub-officer who had given the order, was asked in re-examination: ‘From your point of view you thought it was a piece of luck, with this unfortunate woman under the bus, that the Fordson was available and you could use it? A. – Yes. It is recognised in the service that we use our initiative at all times, and in doing so any reasonable step you take is considered satisfactory if it is a question of saving life. You have to make a sudden decision. ’ It is not alleged that there was negligence on the part of any particular individual, that the driver was negligent in driving too fast, or that Sub-officer Richards was negligent in giving the order which he did. The case put forward by counsel for the plaintiff in this court is that, as the defendants had a jack, it was their duty to have a vehicle fitted in all respects to carry that jack, from which it follows, I suppose, that it is said a vehicle must be kept at the fire station at all times, or that, if there is not one, the lifting jack must not be taken out. Indeed, counsel claimed that, in the case of such an occurrence as this, if there was no vehicle fitted to carry the jack, the sub-officer ought to have telephoned to the fire station at St Albans and arranged that they should attend to the emergency. St Albans is some seven miles away, and it was said an extra ten minutes or so would have elapsed if that had been done. I cannot think that is the right way to approach the matter. There was a real emergency. The woman was under a heavy vehicle. These men in the fire service thought they ought to go promptly, and thought they ought to take a lifting jack, and they did so. Most unfortunately this accident to the plaintiff happened. The duty owed by employers has been stated often. Lord Herschell in Smith v Baker & Sons said ([1891] AC 362): ‘It is quite clear that the contract between employer and employed involves on the part of the former the duty of taking reasonable care to provide proper appliances, and to maintain them in a proper condition, and so to carry on his operations as not to subject those employed by him to unnecessary risk. The employee in this case was a member of the fire service, who always undertake some risk, though, according to counsel for the plaintiff, not this risk. Is it to be said that, if an emergency call reaches a fire station, the person in charge has to ponder on the matter in this way: Must I send out my men with the lifting jack in these circumstances, or must I telephone to St Albans , seven miles away, to ask them to undertake the task? I suppose he must think about his duty, but what would a reasonable man do placed as he was? Would the reasonably careful head of the station have done anything other than that which Sub-officer Richards did? I think not. Can it be said, then, that there is a duty on the employers here, the defendants, to have a vehicle built and fitted to carry this jack at all times, or, if they have not, not to take the jack for a short journey of two or three hundred yards? I do not think that will do. Asquith LJ in Daborn v Bath Tramways Motor Co Ltd & Trevor Smithey said ([4946] 2 All ER 336): ‘In determining whether a party is negligent, the standard of reasonable care is that which is reasonably to be demanded in the circumstances. A relevant circumstance to take into account may be the importance of the end to be served by behaving in this way or in that. As has often been pointed out, if all the trains in this country were restricted to a speed of five miles an hour, there would be fewer accidents, but our national life would be intolerably slowed down. The purpose to be served, if sufficiently important, justifies the assumption of abnormal risk. ’ The purpose to be served in this case was the saving of life. The men were prepared to take that risk. They were not, in my view, called on to take any risk other than that which normally might be encountered in this service. I agree with Barry J that, on the whole of the evidence which was given, it would not be right to find that the defendants as employers were guilty of any failure of the duty which they owed to their workmen. In my opinion, the appeal should be dismissed. DENNING LJ: It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. I agree with my Lord that this appeal should be dismissed. MORRIS LJ: I also agree. The accident in this case came about as a result of a somewhat unusual concatenation of circumstances. There had for a long time been no call for the use of the jack. Any such call, according to the evidence, was extremely rare. It so happened that a call came at a time when the Austin vehicle which would normally have carried the jack was otherwise engaged. I do not think it can be said to have been unreasonable to have had the Austin vehicle for use in the way that was arranged. Had the fire station been larger, had there been unlimited resources, unlimited space, and an unlimited number of vehicles, then it may be that another fitted vehicle would have been available. But that was not reasonably practicable or possible. When the call for the jack came, Mr Richards had to decide what to do, and I do not think that it would have been in accordance with the traditions of the fire service if he had said that he could do nothing other than call on St Albans. What he decided to do was in accordance with the practice of the fire service. Mr Bottin, the assistant chief officer in the London Fire Brigade, speaking of the provision of jacks, pointed out that in London there are twenty-nine sets of lifting gear, one being provided for every two stations. He said in evidence: ‘Q. Can you always undertake that that one vehicle will be available for the transport of a jack? A. – No. Q. – In your view is it reasonably practicable for a fire service to adapt all of its vehicles for the transport of jacks? A. – No. I would not think it was reasonable. Q. – You have been a station officer, have you not? A. – I have. Q. – Supposing you found yourself in charge of a stati on, and supposing the equipment available was not that most suitable for the purpose but you found that human life was in danger and you might save it by adopting a method not entirely suitable, what in your view would be your duty as a station officer? A. – I have had that experience, and I did not hesitate to get the equipment there as quickly as possible. ’ As I have said, I think Mr Richards acted in accordance with the traditions of the service, and I cannot for one moment think that the employers could be held responsible as having failed in the performance of their duties. I agree that the appeal fails. 43. Rogers v Whitaker (p189) 44. Barnett v Chelsea Hospital 45. March v E. & M. 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The 21 Best Social Media Reports Every Marketer Should Read

The 21 Best Social Media Reports Every Marketer Should Read Every content marketer needs data from time to time. Your articles need to be authoritative and convincing, and good data makes this possible. And sometimes, finding this information can be a real pain in the neck. Which is the last thing you need when youre on a deadline. So weve tracked down a whole host of quotable statistical research reports. The kind that give your writing a little extra potency. Youll have all the ammunition you need for your next killer social marketing post. And best of all none of these studies were published before 2017. So you know youre getting the most up-to-date information available. Time to dive in! + Mention = Social Media Success: Did you know you can plan, publish, and measure all your social media posts using ? See how you can manage social media better using the industrys favorite all-in-one marketing manage platform. Instagram Mention: The Instagram Engagement Report 2018 Looking for Instagram data based on real user behavior? Mention took more than 115 million Instagram posts, crunched the data, and came away with some pretty extraordinary findings. This is different from many of the other reports in this list, because its based on actual user behavior These are real posts, with real engagement numbers. Highlights: Instagram hashtags do  not  increase engagement on average. #ad is the most engaging hashtag on Instagram, which proves the power of influencer marketing. Tagging other Instagram users in posts does  increase engagement rates Video posts have the highest average engagement rate of any post formatGet the latest stats from this #social media report from @Mention via the @BlogLater: The State of Instagram Marketing 2018 This is a great example of a state of report. Later polled more than 3,500 businesses, brands, and influencers, wanting to know what the trends would be for 2018. This is powerful stuff for marketing writers, because it lets you speak with authority about what brands care about when it comes to to Instagram. The data is especially useful for discussing how businesses plan to allocate their resources. Youll find questions on Instagram advertising spend, promotion versus community building, and influencer marketing. Highlights: 86% of businesses that currently partner with influencers  plan to do more of this in 2018. 16% of influencers still dont disclose their affiliations  when posting on behalf of a brand. 22% of brands have used Instagram Live, but 55% of brands plan to do so in 2018.Get the latest Instagram statistics from @latermedia via the @BlogInstagram: 2017 Year in Review At the end of the year, Instagram likes to post a roundup of the previous 12 months. It includes information relevant to marketers like the most popular hashtags, most-liked posts, and top videos of that year. It also includes more fun facts like the most popular filters used, and even the top pet accounts on the platform. Dogs are clearly a big hit on Insta! Highlights: Disneyland (Anaheim) was the most instagrammed location  in the world. Cristiano Ronaldo added the most followers in 2017   30 million. The most followed pet on Instagram is a dog named Jiffpom. The pooch has more than 7 million followers! View this post on Instagram ðŸ’â€" A post shared by jiffpom (@jiffpom) on Feb 1, 2018 at 4:10am PSTGet the latest Instagram statistics from Instagram Press via the @BlogExpanded Ramblings: 250 Amazing Instagram Statistics and Facts If youre looking for quotable facts and stats, this is the page for you. It doesnt contain original findings; instead, it pulls out key numbers from all over the web. Couldnt you just use Google? Well, sure. But this site saves you from bouncing around. Plus, they keep it updated, so you can safely assume that your data is up to date. Recommended Reading: Everything You Need to Know About Instagram Analytics to Smash Your Goals Twitter Statista: Twitter User Statistics Click that link above and youll land on a specific Statista report: the number of active monthly Twitter users worldwide. Which is nice. But you really need to explore all of Statistas numbers. Scroll down a little and youll find links to user demographics, mobile usage, and Twitter use by brands. Basically, youve got a lot of clicking around to do, but its worth it! Statista also has a ton of great information about the other social networks, industry marketing trends, and plenty more. Check it out! Highlights: Katy Perry is still the most followed Twitter user  (108 million), but Justin Bieber is close behind (105m). In 2016, $1.1 billion was spent on mobile Twitter advertising in the US. Bleacher Report has the most Twitter engagement following of any brand, more than twice the second highest.Get the latest Twitter stats and research from @StatistaCharts via the @BlogOmnicore Agency: Twitter by the Numbers This ones perfect if you need a quick source of Twitter information. It may not be as surprising as the next two on the list, but its helpful to color in your next post. This page has all the basics: number of monthly Twitter users, percentage of those on mobile, Twitter users in the UK and US, and plenty more. These are all statistics you can find elsewhere, but Omnicore has put them all together for you! Highlights: Twitters revenue per employee is $488,913. Twitter can handle 18 quintillion  user accounts.Get the latest Twitter stats and research from @OmnicoreAgency via the @BlogTwitter: Transparency Report This one is very different, but the data may prove interesting to brands and marketers. Twice a year, Twitter releases data about a whole host of issues facing the network. This includes requests for information (from governments or otherwise), the number and location of blocked users, copyright requests, and more. For writers interested in the bigger Twitter picture, this can be valuable and interesting insight. Highlights: The USA had the most information requests from governments  in the first half of 2017 2,111. Japan was next with 1,384, and the United Kingdom was third with 606. 64,021 tweets were taken down  between January June 2017 for copyright reasons. Twitter received 715 court orders from Turkey  to remove content. The next highest number was 14 (Brazil).Have you read the Twitter Transparency Report from @Twitter? Find it here via the @BlogTwiplomacy: Twiplomacy Study 2017 Another study for writers with a particular angle or niche. This one looks specifically at Twitter use among governments and world leaders. And it goes into remarkable detail, looking at things such as mutual connections between world leaders, whether they favor text or more visual communications, and hashtag use amongst these powerful people. Highlights: The Israeli government is a big fan of social media. In 2016 it asked Twitter users to use the hashtag #IsraelRetweetedMe, and the best responses were retweeted by all 153 government accounts. Perus foreign ministry follows 461 other world leaders, the most in the study. Clearly an effort to forge ties! The New York Times is the news organization most followed by world leaders.Curious how Twitter impacts global diplomacy? Read the 2017 @Twiplomacy Study here via theFacebook Facebook IQ: The Annual Topics and Trends Report Facebook releases two monthly reports: Topics to Watch and Hot Topics. These cover a range of topics (duh!) and tell you whats trending on the social network. At the end of the year, Facebook IQ takes these reports, fills in a few blanks, and releases an overarching study to sum of the year. Thanks to the breadth of topics covered, its a potential goldmine for most marketers: Highlights: Conversations about cryolipolysis have trended up sharply for more than a year, and grew 19x in 2017. Blockchain  conversations were up 146.9x in 2017, compared with 2016. Mixed reality  saw 122x growth in conversations.Read the annual Facebook IQ Topics and Trends Report from @facebook via the @BlogBuzzsumo: Facebook Engagement for Brands and Publishers 2017 Buzzsumo does a lot of social media analysis. In this study, they looked at more than 880 million Facebook posts from July 2016 June 2017. And they found something startling. Engagement for posts of all types plummeted in January 2017. The study attributes this to a greater emphasis being placed on Facebook advertising, and organic reach becoming harder to achieve. The study has plenty of great nuggets, which will help any marketers who needs to know about Facebook engagement rates. Highlights: Even as companies focused on video posts during this period, video only made up around 10% of all posts. Image posts saw the biggest drop in engagement rates. The 2016 presidential election  may have played a role in this drop in engagements.Read the Buzzsumo: Facebook Engagement for Brands and Publishers 2017 report from @BuzzSumo via theCPC Strategy: Facebook Consumer Survey 2017 As you can probably guess, CPC Strategy is focused on social media advertising. So this study is all about consumer behavior as it relates to advertisers. If you want to know why Facebook users click here  and not there, this study is a great place to start. The company partnered with Survata for a 1,500-person survey. While this isnt a huge number, we get a great idea of how Facebook users respond to ads. And of course, there are some excellent numbers for those looking for quotable tidbits! Highlights: 18-24 year-olds are the least likely group to click on Facebook ads. 26% of users who clicked on an ad  went on to complete a purchase. 47.4% of users discovered a new product through Facebook.Read the CPC Strategy: Facebook Consumer Survey 2017 report from @CPCstrategy via theWordstream: 75 Super-Useful Facebook Statistics for 2018 Lets end on a super-quotable piece. Similar to the Omnicore page above, Wordstream has scoured the web for a whole heap of digestible Facebook stats. If you need a few numbers for your blog intro, or to strengthen an argument, this is an excellent resource. Highlights: 42% of customer service responses on Facebook happen within the first 60 minutes. Brands post on Facebook 8 times per day, on average. Facebook users only consider 28% of their Facebook friends to be genuine friends.Read the 75 Super-Useful Facebook Statistics for 2018 report from @Wordstream via theSnapchat Business of Apps: Snapchat Revenue and Usage Statistics 2017 Heres another nice piece tying together lots of different data. Snapchat was a media and marketing darling in very recent memory, and has since faded from view somewhat. But that doesnt mean that marketers dont care about the platform they just need away to make it work. This post has 4 main sections: user statistics (demographics), usage statistics (number and types of snaps sent), Snap Inc. revenue, and Snapchat versus Instagram. So if any of these float your boat, give it a look! Highlights: As of 2017, Snapchat users send 3 billion snaps per day. Twice as many users prefer Snapchat Stories  (45%) over Instagram Stories (21%). 45% of college students say they would open a snap from a brand they dont know.Read the Business of Apps: Snapchat Revenue and Usage Statistics 2017 report from @BusinessofAppsSocial Report: Instagram Stories vs Snapchat Stories 2017 Statistics One of the key social media trends of late is Instagram Stories. Instagram marketing is hotter than ever, and brands are looking for ways to better leverage the image platform. Naturally, theyre turning their attention to Stories, a feature that takes up a lot of valuable real estate in the Instagram layout. But as we know, Instagram Stories are basically Snapchat Stories, and perhaps marketers shouldnt be too quick to ignore the original. This piece uses data to comlets the two, which is perfect for marketers unsure of the main differences. Highlights: Snapchat usage and engagement have gone down 15 to 40 percent since the release of Instagram stories. 11 out of 12 top social media influencers posted more Instagram Stories than the Snapchat equivalent. Instagram influencers report engagement rates 3-5x higher than on Snapchat.Read Social Report: Instagram Stories vs Snapchat Stories 2017 Statistics from @TheSocialReportThe Daily Beast: The Data Snapchat Doesnt Want You to See This one is a double-whammy. The Daily Beast got its hands on 5 months of daily user data from Snapchat, which gives you some nice statistics to work with. Thats the link above. But this is accompanied by a scintillating article  detailing the company culture and work life at Snapchat, and explains why this data was never supposed to be released. Both are worth checking out (and quoting), but theres plenty of interesting activity data for those not interested in the juicy details. Highlights: Snapchat employees are not allowed to use Snapchat at company parties!  They even have to tape over their phone cameras. Snap Maps usage has been consistently declining since its launch. Saturday is easily the most popular day of the week to post to Snapchat Stories, followed by Friday.Read The Daily Beast: The Data Snapchat Doesnt Want You to See via the @Blog here:Youtube Social Bakers: YouTube Statistics This is a very nice resource! Its interactive, which is nice, and lets isolate the statistics you really care about. Choose data for large countries like the US, UK, or India, pick your industry, or select from a range of categories like celebrities, sport, or brands. Highlights: T-Series an Indian music and film studio has the most YouTube views of any channel. It also has more than 20 million subscribers. Justin Bieber, Katy Perry, and Taylor Swift have the largest celebrity audiences on YouTube (in that order). Fourth is KondZilla, a Brazilian music video producer.Read the Social Bakers: YouTube Statistics report from @socialbakers via the @BlogFilmora: Mind Numbing YouTube Facts, Figures and Statistics 2017 Sometimes, you just want a nice visual breakdown of social stats. Filmora has done exactly this. This study provides both standard data points (number of daily users, number of videos uploaded daily), and some less obvious ones (video removals for copyright reasons, average length of video by genre, and more). As always, the goal is to find easy-to-use data about social media, and this post has you covered for YouTube. Highlights: 62% of YouTube users are male. 32% of videos are taken down within 24 hours  for copyright reasons. 18% of the time, the user account is also terminated. Despacito is the most viewed YouTube video  of all time.Get the latest @YouTube facts and stats from @Filmora_Editor via the @BlogStatista: YouTube Statistics Facts Weve included a Statista report above, and, really, couldve probably found one for every section of this post. Seriously, its a great site and worth clicking around. Some of the data needs to be paid for, but theres plenty available gratis. The YouTube section of the site includes data on channels and creators, YouTube usage, marketing and advertising spend, so all of the must-know data points for marketers. Highlights: The highest-earning YouTuber is Michelle Phan, with a reported net worth of US$50 million. Controversial star PewDiePie is next at $18 million. The most subscribed-to channel in 2017 belongs to PewDiePie, with nearly twice as many new followers in 2017 than the runner-up (Hola Soy German). The fastest video to go viral is still PSYs Gangnam Style, which hit 100 million views in four days.

Exchange Trip Tragedy

Exchange Trip Tragedy What is important for ensuring the safety on school field trip? Hashtag: #Germanwings Exchange Trip Tragedy Two teachers and 16 of their 10th-grade students perished when German Wings Flight 4U9525 crashed in the French Alps last March 24. These high school students spent a weeklong exchange trip in a town near Barcelona and on their way back to Haltern, a rural town, 80 kilometers North East of Dusseldorf, Germany when the tragedy occurred. School-sponsored off school field trips are designed to enhance classroom learning, cultivate a variety of interest among students, and expose them to a different culture. An â€Å"Exchange Trip† exclusively provides students with an opportunity to study language and gain overseas experience. For instance, the 10th graders who were on board Flight AU9525 were given the opportunity to learn Spanish language and culture in a town near Barcelona. However, although the objective of school field trip greatly benefits students in terms of knowledge and skills, such activity is risky and involved several health and safety concerns. Most parents are worried about field trip’s inherent risk of injuries such as falls, slips, and others and the ratio of teachers to students in ensuring the safety of each participant. The above concerns are legitimate as in reality, a significant number of students perished or were severely injured during their field trips. For instance, seven students of a State University crossing a river during their educational tour died when the water suddenly surged and swept them away. Two middle school students on a field trip were severely injured when the small aircraft carrying them skidded off the runway and went down on a steep embankment at Rock Airport in Pennsylvania, U.S. in 2011. In 2014, hundreds of Korean high school students on a field trip to Holiday Island drowned when their ferry suddenly sank and swept away by subsequent strong currents and underflow. Why Are You Not in Class and There Bleeding Ensuring the Safety on School Field Trip Most schools’ field trip policy holds trip leaders directly responsible for the safety of all students, staff, and volunteers, during a field trip. Under this policy, trip leaders are commonly expected to perform several basic duties such as warn and inform, provide instructions and safety equipment, supervise, and provide swift and appropriate post-injury care. Supervising hundreds of students at all times and exercising close control over them during a field trip seems nearly impossible for field trip leaders but it can be done through systematic accounting and assigning the right number of supervisors for a particular field trip. For instance, a number of students, age, maturity, type and duration of a field trip, transportation, and emergency requirements are factors for determining the number of chaperones required. Since field trips concern parents, it is critical for trip leaders or teachers to acquire permission and provide parents with necessary information such as the purpose of the trip, food and clothing requirements, and others. Controlling students during a field trip is much easier when they are well informed and committed to their own safety. For instance, students who clearly understand the reasons for safety guidelines are likely to internalize a commitment to safeguard themselves and others and become a vigilant teacher’s partner in safety. For as long as safety measures are strictly followed, air travel according to study is still one of the safest forms of travel. In fact, although surviving an aircraft accident is low, commercial airlines accidents are relatively rare. School-sponsored exchange trips, therefore, should continue and not be discouraged by the recent German Wings crash.

A Dialogue with the Daughter Essay Example | Topics and Well Written Essays - 500 words

A Dialogue with the Daughter - Essay Example In his podgy, dirty hands, he held a small note that read: "Will stop by in the afternoon for visit. Sandy." SANDY. That name almost struck lightning in his chest. How long ago had he last called out that name How does she look like now In his mind ran thoughts about Sandy, his eldest daughter. How he missed her. He and his wife named her Sandy because of the color of her hair. She used to dance while he played "Old McDonald" in numerous versions for her. He remembered how Sandy cried when he left to try his luck in New York City. He never heard about Sandy or his family for a long time. They left the house and him for they did not understand that he left because of them --- because of his dreams for them.There was a soft knock on the door. The once immobile head jerked towards the sound. For the first time in many minutes, he showed obvious signs of nervousness and excitement. This was Sandy, for sure. Her soft knock did not change since she was young. When he was in his room, she u sed to knock softly at his door before entering to ask him to play music for her. He got up and moved quickly to the door to open it. "Dad," she says. "Come inside," he mutters, barely able to keep the excitement in his voice.There was a moment of silence. He could imagine Sandy taking in the view of their old home. Nothing has changed except for a couple of furniture that he supposed to have bought for them

Annotated Bibliography Research Paper Example | Topics and Well Written Essays - 1000 words - 1

Annotated Bibliography - Research Paper Example In the article, the author sees organizations as agent of culture in the global domain. For this reason, this article provides a first-hand understanding of culture and how managers can adapt their expansions strategies to benefit from rational global culture. Notably, this article can equip managers of organization with the necessary understanding of cultural rationalization of the global business environment. Borges, L., & Tian, K. (2011). Cross-cultural issues in marketing communications: An anthropological perspective of international business. International Journal of China Marketing, 2(1): 110-121. In this article, two college professors discuss the role of culture and its impact on communication in global business. Borges and Tian (2011) reveal that many global cultures are focused on retaining their culture rather than accepting new culture. The article further explains why this tendency can impose extra challenge on business expanding in the global front. Indeed, this explai ns why many organizations must understand how culture affects their communication process in order to tailor their messages to suit the needs of the local communities. Most importantly, the article describes how cultural values affect communication and the necessity of business to learn cultural values of foreign cultures. Boyer, M. A., & Lavalee, T. M. (2006). Globalization and local governance: Implications from Wal-Mart’s expansion. International Studies Perspectives, 7: 254–266. The article makes use of Wal-Mart to illustrate the effect of culture on expansion of business in new business environment. Boyer and Lavalee (2006) reveal that business which expands to global market often faces local forces that are not willing to trade their local culture. In this journal article, the authors emphasize that understanding the local culture is paramount in business expansion. Written by renowned university scholars, the article serves as an example to managers on how they can face local culture and prevent failure of business as they expand to new global frontiers. This suitable article can galvanize the ability of managers to succeed in global markets. Deleersnyder, B., Dekimpe, M. G., Steenkamp, E.M., & Leeflang, P. S. H. (2009). The role of national culture in advertising’s sensitivity to business cycles: An investigation across continents. Journal of Marketing Research, 21: 623–636. In this journal article, the author discusses the intricate relationship between advertising and culture. The authors posit that national culture can affect advertising and multination businesses must be aware of these cultural variations to adapt their advertising strategies. The article overemphasize that decisions to set advertising can affect the success of business expanding into new global markets and business must understand how culture shapes their advertising. Written with a focus on managers and their role in advertisements, this article offers new insight on advertising in the global market. Garvin, D. A. (2004). What every CEO should know about creating new businesses. Harvard Business Review, 82(7/8), 18-21. In this article, Garvin (2004) illuminates several reasons that limit the creation of business and culture is one of them. In particular, the article faults the lack of cultural awareness as one of the proxy for business