Kelly V. Movie Theater free essay sample

Negligence Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages. Special Duty – Land Occupier Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters the land with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe. Kelly went to the Movie Theater to see a movie. Hence, Kelly is a social guest entering with Movie Theater’s permission and thus an invitee. Because Kelly was an invitee, The Movie Theater owed a duty to Kelly to inspect the premises, discover, and remove any known dangers. Breach The Movie Theater knew that restroom sink pipe was broken and did not warn Kelly, or any other patron, of the leaky sink pipe in the restroom. We will write a custom essay sample on Kelly V. Movie Theater or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Theater did not warn of water in front of the restroom sinks. Their failure to warn Kelly of the dangerous condition was a breach of their duty of due care. However, the Movie Theater will argue that they did call for a plumber to fix the pipe and the plumber could not come until the following day. Further, they sent an employee into the restroom to mop up the water every 15 minutes. However, Movie Theater should have placed some type of warning of the water. Therefore, Movie Theater breached their duty of due care owed to Kelly. Actual Causation â€Å"But for† the failure to warn of the water in front of the restroom sink in the girls restroom Kelly would not have slipped on a puddle of water and suffer a painful shoulder injury. Thus, the Movie Theater is the actual cause of Kelly’s injuries Proximate Causation It is foreseeable if you fail to warn of a puddle of water on the floor, that one could slip and become injured. Therefore, Movie Theater is the proximate cause of Kellys injures. General Damages General damages are those damages that flow from the tort. Plaintiff must have sustained actual damages to person or property to recover for negligence. Kelly suffered a painful shoulder. She should recover general damages for her pain and suffering. Therefore, general damages are recoverable. Special Damages Plaintiff may recover for any medical damages or lost of income if specifically plead. Kelly should be able to recover damages for out-of-pocket expenses related to the hospitalization and other related medical care for her shoulder. Therefore, special damages if plead and proven are recoverable. B. Cindy and Sandy v. Movie Theater Negligence Duty Trespasser A trespasser is one who comes upon the land without the permission of the owner. The general rule is that there is no duty owed to a trespasser. Cindy and Sandy broke into the Movie Theater after it had closed for the night. Thus, they came upon the land without the permission of the Movie Theater. Movie Theater will argue since Cindy and Sandy were trespassers there is no duty owed. Therefore, there is no duty of care owed to Cindy or Sandy. General Duty – Rowland v. Christian However, pursuant to Rowland v. Christian, a minority rule, Movie Theater owes a duty to act as a reasonable person under the same or similar circumstances. Thus, Movie Theater had a duty of due care to make sure that anyone coming onto the premises did so without harm. Therefore, Movie Theater owes a duty of due care to Cindy and Sandy. Breach Since Movie Theater’s employee left the vacuum plugged in and because there were no lights in the Theater, Cindy tripped over a cord that was left plugged in across the aisles and fell head first into a row of seats. Further, Sandy ran to the restroom to get some paper towels for Cindy’s face that was bleeding and slipped on the wet floor because it was dark in the Theater and she did not see the wet sign posted in the restroom. Movie Theater did not act as a reasonable prudent person would have under the same or similar circumstances. Their failure to warn Cindy of the cord across the movie aisle, and the failure to make sure persons using the restroom would be able to see the sign created a dangerous condition which was a breach of their duty of due care. Therefore, Movie Theater breached their duty of due care. Actual Causation â€Å"But for† Movie Theater’s failure to properly warn of the cord running across the aisle and the failure to properly warn of the wet restroom floor, Cindy and Sandy would not have been injured. Thus, Movie Theater was the actual cause of Cindy’s and Sandy’s injuries. Proximate Causation Cindy and Sandy will argue that there injuries from their falls was a foreseeable result from falling over a cord that was across the aisle and a wet floor in the restroom. Movie Theater will argue that the independent contractor who was cleaning the Theater left the plugged cord from the vacuum across the aisle and he was an intervening act. However, the independent contractor may be an indirect act, but foreseeable and thus will not sever causation to relieve defendant of liability of the intervening negligence. As discussed Movie Theater failed to properly warn Cindy of the cord and Sandy of the wet floor, and therefore it is foreseeable one could be injured by water on the floor. Therefore, Movie Theater is the proximate cause of all of Cindy’s and Sandy’s injuries. Damages Defined supra. Cindy and Sandy suffered injury. They will recover general damages for their pain and suffering. C. Ed v Movie Theater Negligence Defined supra. Negligence Per Se – Violation of Statute Negligence per se by violation of statute is where there is a clear intent to legislate in order to protect a class of persons to be protected from the type of injury suffered. To establish negligence per se, you need to look to the intent of the legislature in creating the statute, you must be a member of the class the statute is designed to protect and the injury must be the type the legislature is trying to prevent. Under majority jurisdictions, violation of the statute means the defendant is negligent as a matter of law establishing both a duty and a breach. Under some minority jurisdictions, violation of the statute creates a rebuttable presumption of negligence, while in other minority jurisdictions it is only evidence of negligence. Movie Theater is required to illuminate the auditorium aisle with one candle unit of light per linear foot. The intent of the legislature is to protect persons from being injured in the Theater who need to leave safely in case of an emergency when they leave the Theater. Further, the legislature intended to protect Patrons of the Theater. As such, Ed was a patron of the Theater and is a member of the class that the statute was designed to protect. Although the movie Theater has illuminated auditorium aisles a patron spilled is super giant coke on the floor shorting out the floor lights for the entire auditorium. The movie Theater sells drinks to patron and a spill caused the entire lighting for the aisle to go out. The fact Theater has no lighting shows they violated the statutory requirement of one candle unit of light per linear foot. Since Ed was a patron in the Theater at the time he was injured, the intent of the legislature was to protect him from falling from unseen object on the floor or tripping do to no lighting. Therefore, Movie Theater’s violation of the statutory lightening requirement is negligence per se. Common Law Negligence Duty Defendant has a duty to act as a reasonable prudent person under the same or similar circumstances. Movie Theater owes their patrons a duty to illuminate the aisles in order for patrons to see where they are going. A reasonable prudent person would take steps reasonably necessary to assure that if a spillage does occur that the entire lighting of the aisles does not short out. Thus, a reasonable movie Theater would have lighting throughout the auditorium. Therefore, Movie Theater owes a duty of care to Ed. Breach A breach is a failure to act as a reasonable prudent person under the same or similar circumstances. Patron purchased a drink at the Theater and spilled super coke shorting out all the floor lights for the entire auditorium. A reasonable Theater would either have a backup system for lighting, or when a spillage occurs the lights where the spilled occurred would only be effected versus the entire floor. Thus, Movie Theater’s conduct by failing to have any lights on the entire floor fell below the reasonable person standard of care. Therefore, Movie Theater breached their duty owed to Ed. Actual Cause â€Å"But for† the lights shorting out Ed would not have slipped on the puddle of coke spilled on the floor and suffer from a broken ankle. Thus, Movie Theater was the actual cause of Ed’s damages. Proximate Cause It is foreseeable that if all the floor lighting goes out that a patron could slip on food or drinks that have been spilled by another patron and be injured. Therefore, Movie Theater was the proximate cause of Ed’s damages. Damages Plaintiff must also have sustained actual damages to person or property to recover for negligence. Due to the puddle of coke left on the floor and no floor lights to enable a patron to see the spilled coke Ed would not have suffered a broken ankle. Therefore, Ed will recover damages for his injury to his ankle. Mrs. Witkins v Movie Theater Negligence Defined supra Special Duty – Land Occupier Invitee Defined supra. Mrs. Witkins went to the Movie Theater to see a movie. Hence, Mrs. Witkins is a social guest entering with Movie Theater’s permission and thus an invitee. Because Mrs. Witkins was an invitee, The Movie Theater owed a duty to Mrs. Witkins to inspect the premises, discover, and remove any known dangers. Breach The Movie Theater knew that there could be a potential spillage of drink or food since they did sell them to the patrons who came to their movie Theater. Theater did not warn of the floor lightening being out or of the puddle of coke on the floor. Their failure to warn Mrs. Witkins of the dangerous condition was a breach of their duty of due care. Therefore, Movie Theater breached their duty of due care owed to Mrs. Witkins. Actual Causation – Successive Tortfeasor But for† the successive negligent act of the Patron spilling the coke and leaving it on the floor causing all of the floor lighting to go out and Movie Theater’s act of not having additional lighting or monitoring for spills, Mrs. Witkins would not have sustained an allergic reaction. Thus, Movie Theater is the actual cause of Mrs. Witkins’ injuries. Proximate Causation It is foreseeable if you fail to warn of a puddl e on the floor, or no lights illuminating the floor that one could slip and become injured. Movie Theater will contend that it was not foreseeable that the Dr. Pepper and popcorn would cause anything beyond a mere mess. Mrs. Witkins is suffering from an allergic reaction which was not foreseeable. However, under the thin-skull Plaintiff doctrine, one takes the Plaintiff as one finds her. Thus, Mrs. Witkins’ reaction to the Dr. Pepper and popcorn would be foreseeable. Therefore, Movie Theater is the proximate cause of Mrs. Witkins’ injures. General Damages Defined supra. Mrs. Witkins suffered an allergic reaction to the spill. She should recover general damages for her pain and suffering from her allergy.

Academy of Art University Admissions-Acceptance Rate...

Academy of Art University Admissions-Acceptance Rate... Academy of Art University Admissions Overview: The Academy of Art University accepts students by open admissions. According to the schools website, applicants are required to submit an official copy of a high school transcript, verification of a high school diploma (or GED), an application fee, and the completed application form. While art portfolios are not required, they are strongly encouraged. Students can also apply for the schools online program which allows greater flexibility for students who do not live in the San Francisco area. Will You Get In? Calculate Your Chances of Getting In  with this free tool from Cappex Admissions Data (2016): Academy of Art University Acceptance Rate:  open admissionsTest Scores 25th / 75th PercentileSAT Critical Reading: - / -SAT Math: - / -SAT Writing: - / -Whats a good SAT score?ACT Composite: - / -ACT English: - / -ACT Math: - / -Whats a good ACT score? Academy of Art University Description: The Academy of Art University is a four-year, private, for-profit university located in San Francisco, California. Academics at the Academy are supported by a   to 15 to 1 student / faculty ratio. The school offers a long list of art and design-related programs, including majors like Jewelry and Metal Arts, Game Design, and Multimedia Communication. The Academy of Art University also has plenty of online classes available, and some which offer an Online Award of Completion. To keep students engaged outside the studio and classroom, the Academy of Art has a host of student clubs and organizations, including the Tea Time Animation Club, the Competitive Gaming Club, and the Sequential Imagery Consortium. For intercollegiate athletics, the Academy of Art competes in the NCAA Division II Pacific West Conference (PacWest) with sports like men’s and women’s soccer, track and field, and golf. Enrollment (2016): Total Enrollment: 12,608  (8,303 undergraduates)Gender Breakdown: 43  percent male / 57 percent female58  percent full-time Costs (2016 - 17): Tuition and Fees: $21,252Books: $1,790  (why so much?)Room and Board: $14,912Other Expenses: $3,280Total Cost: $41,234 Academy of Art University Financial Aid (2015- 16): Percentage of New Students Receiving Aid: 53 percentPercentage of New Students Receiving Types of AidGrants: 34 percentLoans: 44 percentAverage Amount of AidGrants: $8,417Loans: $7,346 Academic Programs: Most Popular Majors:  Animation and Visual Effects, Fashion, Illustration, Interior Architecture and Design, Motion Pictures and TelevisionWhat major is right for you?  Sign up to take the free My Careers and Majors Quiz at Cappex. Graduation and Retention Rates: First Year Student Retention (full-time students): 76 percentTransfer-out Rate: 18 percent4-Year Graduation Rate: 5 percent6-Year Graduation Rate: 34 percent Intercollegiate Athletic Programs: Mens Sports:  Soccer, Basketball, Golf, Baseball, Track and FieldWomens Sports:  Tennis, Basketball, Softball, Soccer, Volleyball, Track and Field Data Source: National Center for Educational Statistics If You Like Academy of Art University, You May Also Like These Schools: Applicants interested in attending a top art school may also be interested in  The New School, Bard College,  Massachusetts College of Art and Design, or Maryland Institute College of Art. All of these schools focus on visual and performing  arts, and are fairly accessible, with acceptance rates around 60%. For applicants that are looking for a larger school (with 10,000 or more students) in California, UC Berkeley, the University of San Francisco, UCLA, and San Diego State University are all great choices.

Appraisal Theory The Effects On Skin Psychology Essay

Appraisal Theory The Effects On Skin Psychology Essay This report aims to replicate a classic finding in biopsychology research which proposed, that increases in task difficulty lead to increases in arousal. As well as to present any individual differences that angle off from this, that possibly could be accounted by the appraisal theory. One hundred and two individuals took part in a task called Speedy Pizzas where they had to deliver successfully a vast quantity of pizzas as the level of difficulty increased. The individuals were represented with a total of 5 levels of difficulty, beginning from level 1 (10 pizzas per minute) to level 5 (50 pizzas per minute). This experiment used a repeated measures design where each individual participated at both levels of task difficulty. The outcome showed that there was a significant increase in GSR as task engagement got more challenging. Although, that the overall GSR test showed increase, individual differences might suggest otherwise. Introduction To begin with, this paper will first examin e some relevant background on the former literature on a classic biopsychology discoveries based on task performance and its association with increase in skin conductance in an attempt to replicate its findings. Afterwards, it will address some individual variations that might have a crucial role in that correlation. A number of researchers over the years have shown that task attainment of individuals is closely knit together with increase in skin conductance. For instance, Kahneman, Trusky et al. (1969 cited in Pecchinenda and Smith 1996) experiment, showed the relationship between skin resistance levels and mental arithmetic task at three layers of difficulty and encountered that skin resistance decreased as difficulty of each level increased. Nonetheless, this connection between them is often distinct, there are cases that the individuals disengage from the task by resigning which is shown in the form of decreasing responses in the GSR levels whilst the task engagement becomes pa rticularly difficult. This occurrence can be placed under the theory of the appraisal model proposed by Smith and Lazarus (1993 cited in Pecchinenda and Smith 1996) that suggested that the amount of each individual’s focusing resources is established by their appraisal of task-solving coping potential. The above theory has been adapted in various studies, one of them was measuring accomplishment in a demanding mental task. (Pecchinenda and Smith 1996) Pecchinenda and Smith’s study wanted to demonstrate the direct association between a cognitive task engagement and the appraisal of each individuals coping potential. Thus, subjects were presented by series of anagrams, that they were called to solve, in various circumstances whilst their GSR was continuously observed. The level of difficulty diverse between each anagram by either having an easy, moderately difficult and extremely difficult anagram as well as the amount of time available that participants had to solve it changed between 30 sec and 120 sec. Results showed that participants coping potential varied between them, since the perception that each subject experienced the situation was different. Paradigm, when an individual appraised their task-solving ability with having a high coping potential approached the task with the attempt to achieve their goal and successfully complete the task. On the contrary, people who appraised the situation as overwhelming and the â€Å"task as virtually impossible† (Pecchinenda and Smith, page 486) had low coping potential and therefore disengaged from the task. Hence, apposite to the skin conductance activity there was a general increase in the GSR levels when the task-solving trials were aligned with the participants’ engagement in the trials. However, this increase dropped dramatically when the anagrams level of difficulty was extremely demanding as a result of the paltry levels of task engagement. An interesting feature about this study th at shouldn’t be obscured was that the correlation between skin conductance activity and task engagement is not absolute. There are other aspects that might intrude and mislead this association. As in that the correlation between GSR and other components such as stress, perception of the circumstance, negative feelings etc resulted as having an impact on the GSR, Nikula (1991 cited in Pecchinenda and Smith 1996). Another related experiment was conducted by Bohlin (1976). Bohlin’s study manipulated the levels of arousal by having participants to response after a number of trials whilst they were in physiological habituation state. She divided the subjects into three groups, the first group were told to relax when listening to a tone, the second one were given arithmetic tasks to solve and the third one a threat of shock was added to the task performance. Results showed that the Shock-threat group had the highest mean in conductance level and the Relax group had the lowes t mean in GSR. Thus, this produces some evidence showing how  increases in task difficulty result in various increases in physiological arousal.

SAMPLING Speech or Presentation Example | Topics and Well Written Essays - 500 words

SAMPLING - Speech or Presentation Example Simple random sample? Explain. This sampling plan results in a random sample, but not a simple random sample. The sample collected is a random sample because every school has the same chance of being selected. The sample is not a simple random sample because no teacher will be selected from schools that were not included in the ten schools selected. In other words, some schools have 100% representation in the sample while some schools have no representation at all. 4. A polling company obtains an alphabetical list of names of voters in a precinct. They select every 20th person from the list until a sample of 100 is obtained. They then call these 100 people. Does this sampling plan result in a random sample? Simple random sample? Explain. This sampling plan results in a random sample, but not a simple random sample. This is a case of systematic random sampling. This is a random sample because each person on the list has an equal chance of being selected. This is not a simple random sample because once the first person is selected, the rest of the selections are already determined. 5. The personnel manager at a company wants to investigate job satisfaction among the female employees. One evening after a meeting she talks to all 30 female employees who attended the meeting. Does this sampling plan result in a random sample? Simple random sample? Explain. No, this sampling plan does not result in a random sample and therefore not a simple random sample. This is a case of convenience sampling, as the personal manager only talks to all 30 female employees who attended the meeting that is whoever happens to be

Government's help to troubled homeowners Research Paper

Government's help to troubled homeowners - Research Paper Example The other criteria that needs to be met is in terms of the fact that the displaced person would have lost public assistance if she has dependent children or income from other member of family The argument in favor of the Act is that it is timely help for unemployed or underemployed women whose chances of gaining employment are slim. Besides, it could also be used in lieu of other income assistance that would not be forthcoming. The counterarguments against this Act are that this would first and foremost act as a disincentive to work and people will tend to depend on such assistance instead of working to earn their bread. Besides, this act has been mainly for women and not for men who may also be underemployed or seeking productive work. Therefore, the element of gender discrimination or bias is also quite evident in this Act. While definitely seeking to grant succor to troubled and struggling families, this Act was also intended to offer a new stimulus to women who could not gain any benefits under Social Security or was under the process of losing social security benefits.

Whale Rider Essay Example for Free

Whale Rider Essay The fate of the future of the people, you can not change it, you should accept it, you should be brave enough to face all the problems. Fate WITI Ihimaera novel Whale Rider is a very important topic. Kahus destiny is to become the first female chief of the Maori, the next Whale Rider. However, this fate is very difficult Kahu done alone. Firstly, Kahu get direct help to fulfill her destiny from the the Rehua, nannies flowers and Ravi Lane. Secondly, ironically, Kahu also indirectly help to fulfill her destiny of Koro and ancient cattle whale third , Kahu fulfill her destiny own fate is an important theme of this novel, is the fate of the Maori whale saved Kahu. The help of a lot of people directly Kahu to fulfill her destiny, such as the Rehua, nanny flowers and Ravi inside. First, Rehua Who wants to name the baby Kahu. Even if Rehua is weak childbirth, she is still hope. The Rehua To baby named Kahu, because she wanted children with her husbands tribe, and in honor of her husband. In addition, the fate of Kahu is very important, because the The Kahu ancestor the Kahutia special Rangi name Rehua hope Kahu nobody to tease her. Secondly, the nanny spend is a person who gave permission to the baby named Kahu. Therefore, the nanny spent out of ideas, defrauding Koro, she knew when she thinks Koro, he will go to the ocean ship, so she is only half of the oil in the ship, and Koro will stay in the middle of the ocean. This is very important Kahus fate, which is the name of the nanny spent to get her to support Rehua performance of Maori tribes. Third, Ravi go help nanny spent directly Kahu was born line. The Ravi was directly help the Kahu her bi rth line, this offer is very important kahu the birth of the line next to the the Kahutia special Rangi Kahu from large ancestors, Kahutia special Rangi. The Rehua, nanny flowers and Ravi inside directly fulfill Kahus destiny, they help Kahu is great, so that she can have a better life. Kahu, a lot of people to help her people, but she is also a person is ironic that those who help her. The Kahu been to help the Koro and, ancient cattle the whales through indirect help. First of all, When Koro pushs Kahu, Kahu is trying to make Koro and accept her.Kahu love her great grandfather Koro Moreover, she was always trying to do a good job, so that her great-grandfather is very proud of her. But she always just disappointed, because she knew she was a girl, can not become the next, which is why her great-grandfather does not accpet her, but she believed Koro accpet upcoming day. Secondly, Koro To test the child, who is the next president of the school, so Koro thrown stone carvings, middle-aged people to the ocean, but not brought back LITHOGLYPHS, Koro upsad, Finally, Kahu can find rock carvings in the ocean This Kahus fate is very important, because Kahu found LITHOGLYPHS, on behalf of her next, because no one can be found who are the next marine rock carvings The Kahus n ew lifel changes Koro not know it is Kahu with The back LITHOGLYPHS Koro traditional, he can not accpet next girl. Third, in the ancient bull whale back found to Wangji Glasgow gold master, but the Maori tribe when the whale is dead, they think their life will stop at that moment, when the ancient bull whale to reach the prosperous Glasgow, Maori people is SCARD their lives, they tried to get the whale back into the ocean, but the results whale whale no final Kahu talks, and riding a whale back into the ocean, but in fact, ancient bull whale that she is a gold master old mother she was not the golden egg, and then sent the Kahu back Wang Glasgow who is Whale Rider, let Koro to know the real situation is one of his great-grandson Whale Rider in the future of this offer. Koro and the ancient cattle whale Kahu told the ancient bull whale indirectly to fulfill her destiny, but also to ensure that Kahu is the future of Whale Rider. Kahu indirectly to help her know that she is the next Whale Rider, she completed her fate by her. Kahus destiny to fulfill its first female chief. First, Kahu interested in learning about Maori culture and language, this is the next should be aware of it. The Kahu efforts to understand the Maori culture, their own language, so she and Kahu hope that she can become the next Kahu spent a lot of time in learning all things Maori Koro proud. Second, a person who can negotiate the whale on behalf of his / her next, Kahu, she will speak of the whale, which is the the Kahu fate of the ability of future chief.This quotes is very important, because Kahu You can communicate with whales. This is the part of the chief, should have do.Third, Kahu meet her fate be the the next Whale Rider bite her great-grandfather is the important part: Whale Rider communication whale. First things should be a little Koro toes part become Whale Rider. To meet Kahu fate of almost help her become the first woman Whale Rider. Kahu help fulfill her destiny, she was a different person to complete her destiny. First, they allow direct Kahu great help in her life. Second the Koro and ancient bullfighting whale is ironic that, in order to ensure that Kahu is the future of Whale Rider. Third, Kahu help themselves to become the next Whale Rider. There are a lot of people with different ideas to fulfill Kahus destiny. Fate is very important Kahu fulfill her dream to become the next Whale Rider.

Essay --

Why would a married man pursue a woman in hopes of gaining more than a platonic relationship? Dmitri Gurov is a Russian womanizer that spent two weeks on a vacation resort in Yalta. During his stay, Dmitri always took interest in the new women that arrived in Yalta. He discovered a young lady with a dog walking along the sea-front. Whenever he saw her approaching the public garden, he would always make a presence to meet her there. There are definitely characteristics of his personality that caused Dmitri to venture beyond his marriage. Dmitri was married at a young age. Dmitri was not happy in his marriage. His wife considered herself very intelligent. However, Dmitri considered her unintelligent, non- attractive, and did not like to be home with her. He had been unfaithful to her for a long time. Due to the lost love Dmitri had for his wife, his view for all women took a negative stand. Whenever women were discussed in his presence, he spoke about them in a negative manner. He referred to them as â€Å"the lower race† (252). Dmitri did not like to affiliate with members of the same sex. In the presence of men, he was he was bored and uncommunicative. Although he spoke negatively about women, he felt comfortable in their presence and knew what to say to them. The way he conducted himself in public, as well as his personal appearance grabbed the women attention and lured them to him. However, something about women got his attention and drew him to them. Dmitri meets the lady with the dog while dining in the gardens. While waiting at a table to be served, the lady with the red beret took the table next to him. Dmitri assumed the lady was married by the way she walked; the way she dressed, the way she did her hair, and her expression. ... ... All awhile Anna had been deceived by the man she fell in love with, not knowing Dmitri true feelings for women. However, the two of them shared a common bond. Regardless of how Dmitri felt about other women, his compassion for Anna was something he never experienced with any other woman. To conclude, While on vacation at a resort in Yalta; two people of the opposite sex both married and unhappy, meet and establish a relationship beyond their imagination. When they departed the resort, their relationship never ended. However, it continued to grow. The two would occasionally visit each other to rekindle the relationship previously established. Throughout this man’s life, his view of women took a negative stand. For he had deceived himself by thinking he could never have the feelings of love for a woman. The women that he fell deeply in love with had proven him wrong.

Cure for Aids Case to How to Distribute

Mykon’s Dilemma When I discovered the cure for AIDS, I was so excited. I was finally going to make medical history and I was going to be known for saving so many lives. I never thought I would be sitting before this board about to make the hardest decision of my life. As you all know there are pressures from every angle for me to make a decision that is best for our company and for the whole world. I wish that I could say that this decision is easy, like every other medication decision we have made in the past.I am regretful that I will not be able to make everyone happy and that I feel I have been given the power to determine who will live and who will not. I have come to the decision that I will only release 85% percent of the available Sprattalin and will scale back the production so that in time we will be able to help more people. The focus of this medication, at this time, will be only on those patients who are asymptomatic HIV positive. These patients will see the most benefits and will be an asset to the society and economy.Since I became CEO, I have made it my mission to do what is best not only for our company, but for our consumers and the help in the world that we currently do not help. So many of us have different ideas and suggestions as to how we could and should distribute Sprattalin. I understand all the ideas and angles that have been presented here, but I feel that we need to keep in line with the mission of this company. I personally follow the theorist Immanuel Kant. Kant is the founder of Kantian Ethics, which believes that everyone should be bound by the same duties and rules.There are three principles associated with this theory; Universizability, respect for people, and categorical imperatives. The jest of it is that you have to be able to accept and comply with the same rules that you would put on everyone else. I wish that I could follow this theory in my business practice, but I simply cannot. I have to think about everyone in volved, including my shareholders and stakeholders of the company. In this particular situation I would follow John Rawls’ theory of Egalitarianism. This particular theory is about equality.He has three main principles under this theory; Veil of Ignorance, Equal Opportunity, and Difference Principle. It is the Difference Principle that I am applying to this situation. I cannot help everyone that I would like, but giving those that cannot afford the medication some, is better than giving them none. I have been presented with a global summary of the HIV/AIDS epidemic as of December 2007. The numbers that I have received do not indicate how many of the people living with the disease in 2007 have HIV or full blown AIDS.I will only distribute to the Asymptomatic HIV patients, because they have the greatest chance of living a normal life expectancy. This is the Utilitarian theory, but as I cannot help everyone that I would like, it is not the main theory that can be used to support my decision. I know that many will not agree with this, but will distribute Sprattalin in a manner that will try to take care of everyone. I will first increase the prices by $2. 00 for all over-the-counter medications that we sell. I will then raise the costs of our prescription medications by two percent.The extra proceeds that are generated by the slight price increase will in effect subsidize the costs of Sprattalin that will be given away to low-income and third world countries. I would like to first start selling Sprattalin in the United States and Europe. These two places can afford to purchase our medications and try to help recoup the amount spent on research and development. I will not allow all of the available medication to go to these countries. I know it costs us $20,000 to produce one dosage of the medication and we will sell it for $80,000 in those two countries.I know that this is a steep price, but if countries are willing to pay way more than that for Sprattalin, then I want us to be able to help more people. Two months after the release in the United States and in Europe, I will start to release it to lower income countries. Africa unfortunately will be the last. They have the highest infected population, but are the poorest region. I know that many countries have tried to help stop the spread of HIV/AIDS in that region and they seem to still spread it to more people than die every year. They need additional help to ease the number of people becoming infected.Once Africa begins to receive Sprattalin, some of it will have to be paid for, but most of theirs will come from the price increases of the other medications that we sell. This is so that we can maintain our mission of helping the most people, but maintaining our profits to ensure that our investors stay happy. The reason behind not providing Sprattalin to full blown AIDS patients is because, I can only help fewer of those people and those people have already been battling it for year s. I feel great sympathy for these people and wish that I could help, but I want to help as many people as possible.I know that if I was one of those patients who could have benefited from Sprattalin, I will be pushing to supply me the medication and save my life. I cannot hide behind John Rawls veil of ignorance, because I do not have AIDS or HIV and I cannot imagine what those people are going through. My choices came from several factors that are prevalent to the determination of distribution. First was the company profits, without the investors, I would not have been able to make the discovery, but to the investors, I only ask for patience as this company deals with the costs and losses that may occur.We will find a way to create this medication in the lab so that the costs can be reduced and so that we can produce more Sprattalin. Cultural environment is also prevalent in this decision, because Africa, which in not only the most infected and the poorest, but they are the least educated on the spread of the disease and the ways to prevent transmission of the disease. In 2007 1. 7 million people were infected and 1. 6 million people died from it. I believe that this area of the world needs more help than we, as a company, can provide.I know that discussing Africa in this manner may seem bias to some of you, but it is the cold hard facts, upon which I relied my decision. Mykon has responsibility to try to provide to everyone in the world the lifesaving medication, and though personally I really want to help those in the lower-income countries with the highest rates, I have to think about the longevity of the company, which employs a lot of people. It is here where I had to determine what corporate social responsibility our company will commit to.I know that Milton Freidman would say that I should only think about the company and the company’s profits, but at the same time I want to help everyone. It is for all of these reasons that I have chosen to pr ovide the medication to those patients whom are asymptomatic HIV and not to those who are full blown. Hopefully throughout the next few years, our company will be able to come up with a way to generate more of the medication. The 15% of the available medication that I am keeping for the company is to be used to help regenerate the fungi growth, so that in three years we still have the medication to pass around.

Rhetorical analysis “The Hardest of the Hardcore”

It is believed that the United States allocates approximately 316 billion dollars a year on these groups. Distant from securing companies, they also provide security for the police, and government officials. Most of them are ex-special forces, and veterans. Some are ex-cons. Some people refer to them as mercenaries, and some people call them builders. Others would describe the mission as training other soldiers. They are used all around the world, providing different services in support of the United States Military. What is their role? Student, Dylan Fujitani in his research policy argument, â€Å"The hardest of the hardcore† writes an article suggesting the removal of private contractors from the Middle East. It suggests that there is a common misconception that people are confused between the difference of civilian contractors, mercenaries, people in the military, and that civilian contractors should not adopt a military role. He adopts a serious tone in order to clutch the attention of his audience. There are a lot of misconceptions to what some may believe the key objectives of the support staff/private contractors/ mercenaries are in the Middle East, and Congress must swiftly act to level the playing field between US military personnel and private security contractors. Most of the writer’s points in the essay seem relevant, and consistent with my past experiences in dealing with private contractors. I agree that there is a common misconception about the role of the private contractor/mercenary. Historically, the mercenary is a soldier for hire, however, the private contractor also has different dignitary support roles. Fujitani successfully uses pathos in his essay to persuade his audience particularly when he suggests that the use of mercenaries circumvents public, and congressional scrutiny of some aspects of war (Fujitani 374). The writer’s purpose here is trying to persuade people, by giving an emotional appeal that civilian contractors (who have questionable prior backgrounds) are armed, are given essentially given legal immunity. Another example of Fujitani using pathos is when he said that placing more contractors in the theater of war is a good way to keep US troops numbers down, but politically it’s more expensive. Here he is suggesting that the United States is trying to mask the severity of war. Even though he provided examples from both sides of the case, he’s extremely ineffective in this area because it seems he was not concerned with presenting the counterargument fair-mindedly. Although the writer uses pathos in this particular section part of his essay, most of this paper is logos heavy. These styles of comparison help the writer convey to his audience a sense of importance by using the language that is quite familiar to the military. He indeed uses language that was easy for military, and nonmilitary personnel to understand. The writer seems very prejudiced, however, uses citations to support his opinion. I agree with the writer on the information that was presented, and how he was able to break down the concepts. I understand what he proposes when he references the role of civilian mercenaries. The writer was able to convince readers that his opinion was truly legit using ethos by referencing several published articles from credible sources. The reference New York Times article also gives good examples to support his reasoning. In contrast to what the writer believes, I believe that there is a position that supports the private contracting business overseas. The writer clearly overlooks some important points that should be noted on the contrary. In my experience, I believe civilian contractors provide essential support services to the United States military. It is imperative that the military should not waste valuable resources, and manpower on support positions. To the contrary of what most people think, war is not always shooting at people, capturing prisoners, and kicking down doors 24 hours a day. A lot of essential jobs are in support. The use of private contractors help with convoys, logistics, and food services help free up essential manpower for the military to concentrate on high mission profile assignments. In conclusion, the writer’s essay was ineffective because I believe that his essay appeals to one type of audience. The writer seems to not have any knowledge of how wartime operations are drawn out and conducted. Although not perfect, I believe that the use of private contractors are essential and should not be completely weeded out the process. On the contrary, he was effective because I think he used mostly logos to appeal to his audience. He references essentially six principles on why private contractors/mercenaries should be extremely downscaled. He starts off by reference in how mercenaries disguised the true cost of war. Here he explains how civilian contractors actually disguise the number of deployed troops. He goes on and references how civilian contractors have no loyalties, and ultimately answer only to their employers and not the military. He again uses logos by citing a report on how mercenaries assigned in Saudi Arabia left their post indefinitely, because they were not comfortable. Fujanti then moves to tie the two points together making a clear contrast on how the US military, and civilian mercenaries are accountable to the Geneva Convention. He describes how civilian mercenaries have no accountability to the law to whereas the US military does. The mercenaries are considered â€Å"noncombatants† and therefore it is difficult for them to fall within the Uniform Code of Military Justice (UCMJ). The writer closes his argument by expressing how private contractors frequently hire employees with questionable backgrounds. He appeals to his audience by citing an article from the New York Times how 1500 S. African mercenaries are now in the Iraqi area. He expresses that many of the people that are participating admitted to being former apartheid mercenaries. Fujanti is clearly frustrated knowing that these kinds of practices are frequently carried, nothings done about it, and moves to propose his solution by conveying that the problems that were discussed earlier needs to be addressed by Congress swiftly, and immediately to protect the legitimate uses of war from market forces, lawlessness, and the abuse of power.

Capital Structure Theory Essay Essays

Capital Structure Theory Essay Essays Capital Structure Theory Essay Paper Capital Structure Theory Essay Paper When a firms debt-to- equity ratio maximizes its value and minimizes the firms weighted average cost of UAPITA (WAC), it is said to be at the target or optimal capital structure. Debt usually offers a lower cost of capital because of the ability to deduct tax from Interest, but the companys risk Increases as debt Increases. Part b. (Business Risk) Business risk refers to the risk brought upon the firm by its operations. This can be influenced by many factors such as, cost of production, sales volume, unit price, competition, demand, government regulations, etc. A company with higher business risk should operate with a capital structure that has a lower debt ration to safeguard TTS shareholders by guaranteeing that it can meet all of its financial obligations. A high business risk means a low debt ratio while a low business risk means that a firm might be able to operate with a high debt ratio. Part c. (Operation Leverage) A firm that makes few sales with sales providing a high gross margin is said to have high operation leverage. Operating leverage is dependent on a firms fixed and variable costs. If a firm has a high proportion of fixed costs it has high operation leverage as opposed to a firm with low fixed costs and high variable casts which are unconsidered to have a low operation leverage. A high-end car dealership has high operating leverage while a grocery store has low operating leverage. In a high operating leverage firm or Industry, forecasting Is Incredibly Important. A small error in forecasting could greatly damage the firms BIT. The opposite can be said for a firm with a low operating leverage. A small error in forecasting is accepted and expected. The error will have little effect on the firms BIT. A Company with high operation leverage should finance its operations with a low amount of debt to insure, n the case of a misconception, to protect Its Investors. Business risk and operation leverage often go hand In hand and are used to calculate the firms total risk on ROE. Part d. (Trade-Off Theory) The trade-off theory states that there are benefits to debt within a capital structure up until the optimal, or target, capital structure. The theory takes into effect the tax shield created by interest payments. Interest payments on debt are tax deductible creating a tax benefit for debt financing. A firm reaches optimal capital structure when the marginal tax shield equals the marginal bankruptcy costs. Bankruptcy costs are ten Increased costs AT Talking Witt EOT Instead AT Witt equally which result in a higher probability of bankruptcy. Thus, there is a point where the marginal tax benefits equal the cost of financing with more debt. At this point, we see the firms optimal capital structure. Part e. Asymmetric Information and Signaling) Asymmetric information refers to the realization that managers have more and better information that outside investors do. Signaling is based upon a firms actions and how it is preserved by its investors. Optimist asymmetric information could lead oh firm suddenly taking on more debt or increasing their dividend policy. This would signal that the company is about to experience growth or is at a mature and stable state. Pessimist asymmetric information could lead a firm to issue more stock because they recognize an upcoming loss. By issuing more stock, the loss could be spread over a larger number of stockholders resulting in a smaller loss per share. Investors know this however and are wary when a firm issues more stock. Because of signaling, when a firm tries to adjust their capital structure their investors behave in way directed by the signal given, whether that signal is accurate or not. Part f. (WAC) WAC or weighted average cost of capital is the firms cost of capital with each category of capital weighted proportionately. The more debt that company uses, the higher the WAC. The higher the WAC, the higher the companys risk. When using debt, the WAC begins to fall, but eventually, the costs of debt and equity will cause WAC to increase which will in turn cause the value of the company to drop. This brings us back to the optimal or target capital structure, where the debt to equity Asia maximizes the firms value. Part g. (Reserve Borrowing Capacity) Firms should however, use a lower debt to equity ratio than optimal capital structure suggests. The reason being, that an opportunity may arise where more funds are needed. As previously discussed, the issue of more stock sends a negative signal whether the signal is accurate or not, but to issue more debt past the optimal capital structure ratio would decrease the firms value which would also send a negative signal. Therefore, a firm should have a reserve borrowing capacity in the case of such an opportunity. Part h. (Windows of Opportunity) A window of opportunity is a time period where a normally unreachable opening exists. An example is todays interest rates. The windows of opportunity theory suggest that because interest rates are so abnormally low, now is a good time for businesses to issue debt. On the contrary, when stock market prices are exceptionally high, firms should issue more equity. Part I. (Personal Application) It is of the utmost importance that managers know and understand their firms risk and how it breaks down into operation leverage and business risk. This might be eased solely off their particular firm or off their industry as a whole. Managers should also consider the benefit of deducting interest on debt to use as a tax shield. Managers should take the asymmetric information theory and signaling into consideration. They should be aware of what certain actions signal and how they can avoid sending the wrong signal and use signaling to their advantage. The WAC should also be considered when determining the corporations debt to equity ratio. They should know that at a certain point, WAC will begin to increase as at this point ten Tall Is Klan on too much EOT IT a corporation wants to take advantage AT an opportunity but does not have the funds necessary, they should issue more debt to take benefit. For this reason managers should have a reserve borrowing capacity and have a lower initial debt to equity ratio than the optimal capital structure suggests. Managers should also be watchful and aware of windows of opportunities in which they can maximize the corporations growth. As one can see, there are many aspects one needs to consider when determining a firms capital structure and this essay only slightly begins to scratch the surface of capital structure theory.

Fogbusters inc Essay Example | Topics and Well Written Essays - 500 words

Fogbusters inc - Essay Example The territory to investigate and give an innovation proposal and settle on a discriminating choice is the assembling and supply benefits Some of the items transformed by FOGBUSTERS Inc framework incorporate Goslyn. This is an immiscible fluid separator which works under hydro static weight and does not have any moving parts. Creative (patent pending) innovation has the proficiency to constantly and for all time uproot Fats, Oils & Greases from waste gushing. It keeps empties free as a bird while killing the requirement for unreasonable splashing frameworks or oil trap pumping. It additionally uproots the strong flotsam and jetsam that move beyond empty wicker bin. It is ordinarily these solids, blending with the fats, oils and oils that cause the lions share of channel blockages. FOGBUSTERS Inc System is altogether "greener" than the elective frameworks focused around various supportability favorable circumstances, It gets water cleaner (more level ppm of FOG), essentially diminishes the utilization of chemicals and decreases the era of oil ooze that overall obliges trucking expenses. Also, it decreases landfill use, lessens the glitch of downstream wastewater medicine frameworks, and encourages reusing of waste FOG for biodiesel generation and different employments. Most biofuel feedstocks (corn, canola, oil palm and other oil products) occupy cropland and different assets from sustenance preparation (the nourishment vs. fuel situation) come as a bi-result of Fogbuster. A business’s technological advancement plays a huge role in choosing where to locate a business. A well-developed internet, communications, and technology makes doing business across borders easy. It is like removing all boundaries that exist whether physical or imaginary. Most businesses have developed their technological infrastructure thus greatly easing the way of doing

A Mighty Fortress Is Our God by J. S. Bach A Musical Report Essay

A Mighty Fortress Is Our God by J. S. Bach A Musical Report - Essay Example This "â€Å"A Mighty Fortress Is Our God† by J. S. Bach – A Musical Report" essay outlines the work of Johann Sebastian Bach. â€Å"A Mighty Fortress Is Our God† still holds popularity owing to the versatile musician J. S. Bach had become as he traveled frequently to several places, and his encounter of diverse cultures undoubtedly makes a significant impact on the musical artistry that presents the unfading memory of such music from his period. Besides being an organist, he was also recognized for possessing a beautiful soprano voice which, along with his special skills in playing the violin, continuo, and church choir performance, had withstood severe criticisms. His determination to pursue not just a career in music but also create an entire unique world around it as if a wonderful abode for an auditory refuge managed to build for him an enduring impression in which the heart of audience was drawn to a type of music readily capable of engaging human nature with profound sensibility as in the well-crafted â€Å"A Mighty Fortress Is Our God.† It would also amount to an inevitable appreciation of Bach regardless of the listener’s background on account of the flexibility his rendition took, for instance, when he came up with a musical composition which was styled in French at Luneberg. Bach’s influence on the baroque style in music is quite signified in the monophonic texture and volume of the hymn shaped out of its initially severe complex rhythmic structure. This piece shaped the baroque society by being the â€Å"Battle Hymn of the Reformation.†... Just as how a harpsichord was intended to establish the identity that is uniquely baroque for musical creations, the organ was similarly used to yield to the common objective of bringing a grotesque form in â€Å"A Mighty Fortress Is Our God.† This piece shaped the baroque society by being the â€Å"Battle Hymn of the Reformation,† which even during the early part of the 16th century had been sung upon entry to the Imperial Diet of the Worms when Luther defended his theses and critical beliefs against Catholic misdeeds. In a way, J.S. Bach’s rendition of the hymn (Ein’ Feste Burg ist unser Gott) reflected the erudite traits present in the opposing major religions that were tested in the midst of extravagant progress and by high philosophical intellects within the baroque society after the Age of Enlightenment in Europe. Being a music piece of the period of 1600-1750, Bach’s â€Å"A Mighty Fortress Is Our God† projects an essential attribute o f the baroque style as perceived through its grandiosity, irregularity, and strangeness. Compared to the music of the preceding Renaissance age, baroque music is found to be rich in various textures, levels of intensity, and melodies that seemed to form more embellished or intricate sound. To normal listeners, the characteristics of the original musical pieces of this era appeal to the senses not only emotionally but also experimentally. In either approach, a genius baroque musician had a particular unity of mood, form or style, and selection of instruments. By unity of mood, composers followed a specific kind of affection in generating rhythmic and melodic patterns such as those constituting â€Å"A Mighty Fortress Is Our God† and this affection unified the mood in music,