Saturday, May 23, 2020

Psychopathy and Crime Essay - 821 Words

Psychopathy is a disease of the mind, in which the psychological state of someone has emotional or behavioral problems serious enough to require psychiatric evaluation. Psychopaths have no concern for the feelings of others and a complete disregard of any sense of social obligation. Psychopaths are characterized by lack of empathy, poor impulse control and manipulative behaviors. They use charm, manipulation, intimidation, and the use of severe to mild violence to satisfy their own needs. Psychopathy is derived from two Greek words: psych, meaning soul, and pathos, meaning suffering. They were once used to explain any form of mental illness. Psychopathy was recognized in the early 1800s at which time Pinel explained the condition†¦show more content†¦Psychopaths can seem just like you or me, but when you are not around them this is when their mental disorder kicks in. Psychopaths that have been put in jail committed three times as many crimes per year then non-psychopaths. 97% of convicted psychopathic criminals cause at least one violent crime compared to 74% of non-psychopaths. Psychopaths are shown to be more violence throughout their entire life compared to a regular people. Psychopaths tend to have a greater chance of failing on parole and mandatory supervision and have a faster rate of failing then non-psychopaths. Psychopathy predicts recidivism on conditional release as well as or better than do actuarial risk instruments. Psychopaths recidiva te at a rate of three to four times higher than that of non-psychopaths. Doctors use a simple test to predict psychopathy called a Psychopathy Checklist-Revised or known as the PCL-R test. This is a checklist that has twenty items on it that included: glibness or superficial charm, grandiose sense of self-worth, need for stimulation/proneness to boredom, pathological lying, conning or manipulative, lack of remorse or guilt, shallow affect, callous and lack of empathy, parasitic lifestyle, poor behavioral controls, promiscuous sexual behavior, early behavioral problems, lack of realistic, long-term goals, impulsivity, irresponsibility, failure to acceptShow MoreRelatedPsychopathy And Social Learning Theory And The Copycat Effect1224 Words   |  5 PagesChapters 4 of Adler, Mueller, and Laufer. The topics that will be discussed in this essay are psychopathy and â€Å"social learning theory and the copycat effect. These two topics have me intrigued to learn more about. In Adler, Mueller, and Laufer it left me questioning why these people commit such cri mes and what motives or patterns might be linked to copy others. I also found interesting how â€Å"psychopathy is viewed as a serious illness even though patients may not appear to be ill† (Adler, MuellerRead MorePsychopathy, Sociopathy And Anti Social Personality Disorder913 Words   |  4 PagesAre Psychopathy, Sociopathy and Anti-Social Personality Disorder the same? Psychopathy, sociopathy, and anti-social personality disorder, also known as ASPD, are three very similar disorders; so much so that it is a common question if they are the same disorder or not. All three of them are defined as people who have anti-social behaviours. All of these disorders are very common in people who disregard both the law and social norms, have no shame or guilt, and are occasionally violent; such asRead MoreEssay on Genetics Are the Main Cause of Psychopathy1146 Words   |  5 Pagesdata prove genetics are the main cause of psychopathy. Psychopathy is a personality disorder characterized by a constellation of interpersonal, affective and behavioral characteristics. (Harc, 1998) There are many personality traits that accompany those who are considered to be a psychopath. High levels of aggression or delinquency, and antisocial behaviors are all seen in youth with personalities correlating to those of psychopaths. Child psychopathy has not been emphasized as much within theRead MoreThe Role Of Antisocial And Borderline Personality Disorder928 Words   |  4 Pages2013,191). Another common co morbidly with ANTI SOICAL PERSONLITY DISORDER is psychopathy which is another mental illness though similar to ANTI SOICAL PERSONLITY DISORDER but is more severe. Another article that talks about ANTI SOICAL PERSONLITY DISORDER and psychopathy comorbidity is Criminal behavior and cognitive processing in male offenders with antisocial personality disorder with and without comorbid psychopathy by Riser. The article even thought th e two syndromes are correlated with one anotherRead MoreCharacteristics Of A Cure For Psychopathy952 Words   |  4 PagesPsychopathy is a collection of personality traits, which include callousness, low anxiety, remorselessness, failure to form emotional bonds, and externalization of blame. Although the condition effects ones personality, experts have stated that it has not been coded using the taxonomic system DSM-IV-TR. Furthermore, they have considered that psychopaths are influenced by social factors, environmental, biological and psychological factors. These factors influence social forces and biological predispositionsRead MoreCommon Traits And Characteristics Of Psychopaths917 Words   |  4 Pageschildhood. Purpose and Objectives: The purpose of this research is to examine the common traits and characteristics of psychopaths. It will also discuss the common myths and typologies of psychopaths. The specific objectives are to: 1. Define what psychopathy means. 2. Determine common traits and characteristics of psychopaths. 3. Determine what is different about psychopaths then other killers. 4. Determine who the typical victims are of psychopaths. Limitations: This research is limited to data obtainedRead MoreThe Psychology Classroom And Psychology1631 Words   |  7 Pagesbeen made that not all children who commit malicious crimes are psychopaths, and three main points were addressed to decide whether the statement was true or not. The first point discusses the early signs of psychopathy and what behaviors children with psychopathic tendencies obtain. The second point of the paper discusses what events can take place in early childhood that could possibly influence young children to commit such violent crimes. Finally, the last key point of the paper discussesRead MoreWhat Are Antisocial Behavior? Essay1297 Words   |  6 Pagesschool disciplinary problems, delinquency, and violent crimes indicates a rise in antisocial behavior in general, explains a mental health professional. Also, studies show that 30% to 70% of childhood psychiatric admissions are a result of disruptive behavior disorders, and that the diagnoses of behavior disor ders are generally increasing. The fifth edition of DSM (DSM-5), released in 2013 by the American Psychiatric Association, lists Psychopathy andSociopathyunder the title of Antisocial PersonalityRead MoreAntisocial Personality Disorder ( Dsm V )1672 Words   |  7 Pagestheir victims. This popular idea, however, could not be farther from the truth. The Diagnostic and Statistical Manual of Mental Disorders-V (DSM-V), released in 2013, places psychopathy, along with sociopathy, in the category of ego-syntonic1 personality disorders (Jenkins, 2014). The official term, encompassing both psychopathy and sociopathy, is Antisocial Personality Disorder; this disorder is â€Å"characterized by a long-standing pattern of a disregard for other people’s rights, often crossing theRead MoreThe Role Of Psychopathy And The On Entertainment Industries And Its Effects On The Way Of An Individual Processes Information1299 Words   |  6 Pagessociopathy and psychopathy have been researched for numerous years. Scientists an d Psychologists have come to the conclusion that psychopathy and sociopathy are distinct disorders that affect the way an individual processes information. However, media contentiously uses the terms interchangeably as if they were one disease. Furthermore, Hollywood keeps portraying these disorders wrongly resulting in various misconceptions. It is time to raise awareness in society about them. Psychopathy and sociopathy

Monday, May 18, 2020

Vegetarianism and a Clash of Cultures - Free Essay Example

Sample details Pages: 2 Words: 456 Downloads: 3 Date added: 2019/07/01 Category Health Essay Level High school Tags: Vegetarian Essay Did you like this example? The diet one follows plays a very complex role today in India which hosts a diverse population filled with differences. The discourses on diet in the 21st century India are not only filled with religious, medical, social and moral arguments but are also politically charged. In particular, the conflict between the Vegetarian and the non-vegetarian discourses seem to be never-ending. This paper concentrates particularly on the vegetarian diet which has been prominent in the social, cultural and religious history of India. The definition of Vegetarianism according to the Oxford dictionary is â€Å"The practice of not eating meat or fish, especially for moral, religious, or health reasons†. Vegetarianism traces back to the early 4th century and has its roots in ancient civilizations of India and Greece. As the world is moving towards veganism which stemmed from vegetarianism it is important to discuss the history of vegetarianism in India. The ancient Indian culture was majorly influenced by their religious beliefs which also shaped their diet practices. Many of the Indian religions advocated the view that animals are not meant to be harmed or killed. Ironically it was this factor that made India fall prey to the British Empire’s speciesist beliefs. This research paper resolves to analyze the British’s attitude towards India on the construct of vegetarianism. In this research paper, I will use Christine McKinnon’s definitions of hypocrisy and hypocrite and also the denotativ e meaning of Hypocrisy to analyze the British’s behavior towards India Don’t waste time! Our writers will create an original "Vegetarianism and a Clash of Cultures" essay for you Create order The Clash of the Cultures: The British considered food as a significant bearer of national identity after their Language. Food was considered to be a marker of class and status which in turn provided a key to the hierarchy of races or nations (Gregory, 2007). Vegetables were associated with certain classes. The onions were considered as the staple for the poorest, whose strong and uneducated stomachs required their stimulus (Gregory 2007). The English loved their beef. They bred cattle for meat rather than for dairy trade. According to New Moral World, an early socialist newspaper in the United Kingdom, Britain was a heavy consumer of meat in Europe. Meat eating was woven intrinsically into their culture that they associated it with being â€Å"English† and possessing â€Å"manly English virtues†. The English also identified meat with a man being fit and healthy. For a manual laborer being fit is what will land him a job to provide for his family. This sequentially prompted the consumption of meat to avoid being interpreted unfit for the duty of providing his family. â€Å"The Roast Beef of Old England an English patriotic ballad was written by Henry Fielding for his play The Grub-Street Opera, which was first performed in 1731 clearly portrayed the English’s notions on meat eating.

Tuesday, May 12, 2020

The Horrors of Killing Centers During the Holocaust

Poland was devastated when German forces invaded their country on September 1, 1939, marking the beginning of World War II. Still suffering from the turmoil of World War I, with Germany left in ruins, Hitlers government dreamt of an immense, new domain of living space in Eastern Europe; to acquire German dominance in Europe would call for war in the minds of German leaders (World War II in Europe). The Nazis believed the Germans were racially elite and found the Jews to be inferior to the German population. The Holocaust was the discrimination and the slaughter of approximately six million Jews by the Nazi regime and its associates (Introduction to the Holocaust). The Nazis instituted killing centers, also known as â€Å"extermination camps†Ã¢â‚¬ ¦show more content†¦At extermination camps, the Nazis conducted many medical experiments on the prisoners that resulted in many deaths. Between 1939 and 1945 medical research projects involving cruel and often lethal experimentat ion on human subjects were performed. These projects were supported, well-known organizations in the Third Reich and were categorized into three fields: research intended at cultivating the endurance and rescue of German troops, testing of medical techniques and medications, and experiments that pursued to approve Nazi cultural belief. More than seven thousand victims of these cruel medical experiments have been acknowledged. Targets of the experiments included Jews, Poles, Gypsies, Soviet prisoners of war, homosexuals, and Catholic priests (Medical Experiments ). At many of the killing centers, the Nazis created the Sonderkommando. These were groups of Jewish male prisoners chosen for their youth and good health. Their work was to get rid of corpses from the gas chambers or crematoria. Some did the job to setback their own deaths; some thought they could save their friends and family from harm, and some only did it for the extra food and money these men occasionally were given. The men were forced to do this job. The only other option was death in the gas chambers or being shot by an SS guard (Shields). The SS believed the killing centers to be top secret. In order toShow MoreRelated The Horrors of the Holocaust Essay1170 Words   |  5 PagesThe Horrors of the Holocaust Eighteen million Europeans went through the Nazi concentration camps. Eleven million of them died, almost half of them at Auschwitz alone.1 Concentration camps are a revolting and embarrassing part of the world’s history. There is no doubt that concentration camps are a dark and depressing topic. Despite this, it is a subject that needs to be brought out into the open. The world needs to be educated on the tragedies of the concentration camps to prevent theRead More Children of the Holocaust Essay983 Words   |  4 Pageshistorical precedent for it.† (Lukas, 13 Kindle) About 1.5 million children were murdered by the Nazis during the Holocaust—one million being killed because they were Jews (ushmm.org) The Germans had a clearly defined goal of killing the Jewish children so that there would be no remnants of their race to reproduce, resulting in extinction. Not only were the children that were victimized in the Holocaust persecuted and murdered, but they were all stripped of their childhood. Children were not allowed toRead More Ordinary Germans and the Holocaust Essay example1713 Words   |  7 PagesOrdinary Germans and the Holocaust Synopsis – Hitler’s Willing Executioners is a work that may change our understanding of the Holocaust and of Germany during the Nazi period. Daniel Goldhagen has revisited a question that history has come to treat as settled, and his researches have led him to the inescapable conclusion that none of the established answers holds true. Drawing on materials either unexplored or neglected by previous scholars, Goldhagen presents new evidence to show that many beliefsRead MoreThe Holocaust : 86 Years Later1534 Words   |  7 PagesTHE HOLOCAUST: 70 YEARS LATER Sacrifice by fire. The Greek definition of the word Holocaust still serves as a haunting reminder of the tragic campaign waged by the Nazis during World War II, and their â€Å"systematic, state-sponsored persecution and murder† of six million Jews and others who didn’t fit the specific vision or â€Å"perfect race.† Adolf Hitler, the known anti-Semitic Nazi leader, viewed the Jews as an inferior race and threat to what he viewed as racial purity. Under the guise of the war,Read MoreDehumanization Of Jewish People During The Holocaust1312 Words   |  6 PagesDehumanization of Jewish People during the Holocaust Imagine being treated like cattle - living one’s life inside a fence, starved, killed for no reason. Would one hang on to their humanity, or would they let go of their hope, their compassion, their faith? From 1939 to 1945, the Nazi German military systematically kidnapped, tortured and killed millions of Jews in their twisted effort to racially purify Germany. This genocide has come to be known as the Holocaust. During the Holocaust, millions of Jews wereRead MoreThe World Of The Holocaust1151 Words   |  5 Pagesexamples of this is the genocide know as the Holocaust. All over the world religions usually teach that all of civilization is equal and that we should all be cordial with each other, but monstrosities like Adolf Hitler broke those sacred laws. The Holocaust was a time period where a set of people were persecuted. While they were being persecuted World War Two was used as a smokescreen to conceal the horrors of the Holocaust. What lead to the Holocaust was Nazi i deology. Nazi ideology lead to theRead MoreThe World Of The Holocaust1151 Words   |  5 Pagesexamples of this is the genocide know as the Holocaust. All over the world religions usually teach that all of civilization is equal and that we should all be cordial with each other, but monstrosities like Adolf Hitler broke those sacred laws. The Holocaust was a time period where a set of people were persecuted. While they were being persecuted World War Two was used as a smokescreen to conceal the horrors of the Holocaust. What lead to the Holocaust was Nazi ideology. Nazi ideology lead to theRead MoreGenocides Past and Present Essay1298 Words   |  6 PagesGenocides Past and Present Genocide, a dire event, has been recurring time and time again throughout history. In the past, there was the Holocaust, where Hitler exterminated over six million Jews based on his anti-semitic views. Elie Wiesel, a Jewish author, has become a very influential man in educating the world of the true events of the Holocaust due to his involvement in the disaster. Presently, a genocide is occurring in the Darfur region of southern Sudan, in which according to Cheryl GoldmarkRead MoreThe Death Of The Euthanasia Program1313 Words   |  6 Pagesfaith, or another race? The appalling events that ensued during the cataclysm of World War II still impact many today, grim battle scars passed down the years through morbid tales and painful memories. To this day, many Holocaust horror stories still exist, but one of Hitler s fatal racial extermination plans, a hushed whisper of the atrocities yet to come, truly left its mark in history. Launched only two years before the infamous Holocaust, th e Euthanasia Program, or otherwise known as T-4, wasRead MoreThe Horrible Experiences of the Jewish People during The Holocaust1670 Words   |  7 PagesJewish people during the Holocaust. Each prisoner had undergone sufferings personal to him or her. Due to the unfathomable torture that led to the desolation of the human spirit, most prisoners abandoned their morals to fight for survival. It is hard to measure when and under what circumstances this is â€Å"appropriate† or justifiable. I argue that the ruthless manifestation of evil validates the loss of self and therefore the loss of morality. For those that have survived the Holocaust, there are implications

Wednesday, May 6, 2020

Machiavellis Idea Of Government Essay - 1514 Words

MACHIAVELLI: THE PRINCE: Themes and Ideas nbsp;nbsp;nbsp;nbsp;nbsp;During Machiavelli’s time, society was much different than it had been for previous philosophers. Instead of storing up good works, so as to enjoy paradise, as the medieval man did, the Renaissance man was interested in all things, enjoyed life, strove for worldly acclaim and wealth, and had a deep interest in classical civilizations. He was born at a time of conflict within Florence, Italy, between the republican leaders and the family of the Medici’s, of which the Machiavelli’s, especially, had a history of opposition towards. After years of conflict between powers, Machiavelli was exiled from his country. nbsp;nbsp;nbsp;nbsp;nbsp;It was during this exile that†¦show more content†¦He sees no purpose in restraining and controlling oneself for the society because the society will not prosper if the ruler does not. Ruthlessness, maliciousness, and deviousness are all hailed as being acceptable, in fact encouraged, as means of securing position of power. Through his prioritizing, Machiavelli does not seem to be as concerned with the society and the individual as the previous philosophers in history have been. Rather, he sees power as the one and only goal in life, regardless of the individual or the state. Again, though, he is a reflection of his times. The men of the Renaissance era wanted many things--money, power, enjoyment in life--regardless of the moral cost. Others would argue that these superfluities either meant nothing or would not occur without restraining the desires of both ones self and ones state. One needs balance of everything in order to reach the ideals of perfe ction, but Machiavelli would argue that perfection is not real and so is not worth striving for. Instead, one must live for ones self. He makes the generalization of men that: they are ungrateful, fickle, dissembling, anxious to flee danger, and covetous of gain. So long as you promote their advantage, they are all yours. . .and will offer you their blood, their goods, their lives, and their childrenShow MoreRelatedComparison Between Nicolo Machiavelli And Thomas Hobbs1748 Words   |  7 Pagesbetween Nicolo Machiavelli and Thomas Hobbs There are many philosophers that have different ideals and views on certain subjects and topics. This is often due to the fact that they were alive during certain time periods which were often having problems therefore affecting the philosopher’s views on what is right or wrong. Due to this fact the philosophers Machiavelli and Hobbs had both similar and contrasting ideals on the purpose of the government or kings and the way said government is supposed toRead MoreSocrates And Machiavelli s Views On Violence And Violent Actions1687 Words   |  7 PagesSocrates and Machiavelli hold vastly different views on violence and violent actions, the former advocates strongly that it is always better to be harmed rather than to harm while the latter argues that violence is essential, when used correctly, in order to gain and maintain power. These contrasting views on violence both hold merit, yet the question of which view is more corrupting depends strongly on what corruption is defin ed as, and thus, which view fits this definition. Socrates is determinedRead MoreNiccolà ² Machiavellis Acquisition of Power Essay1327 Words   |  6 PagesNiccolà ² Machiavelli is representative of Renaissance thinkers in his perception of government. No longer was government seen as an institution granted by God but rather governments were largely becoming arrangements or contracts between those that govern and the governed. Thinkers from Aristotle to Francis Bacon would expound on this idea of a social contract, but none would exemplify the realism and ruthlessness of modern politics like Machiavelli. While the word Machiavellian has become partRead MoreAre the Political Ideas of Machiavelli Still Relevant in Todays World?827 Words   |  4 Pagesthe Political Ideas of Machiavelli still relevant in Today’s World? Niccolo Machiavelli was born on May 3, 1469 in Florence. Machiavelli was considered one of the most controversial political philosophers of his time. Machiavelli began working in the Florence government at a young age, employed as a clerk and later as an ambassador to the â€Å"Holy Roman Emperor Maximilan, the King of France and Pope Julius II.† Throughout his employment with the government of Florence, Machiavelli began noticingRead MoreSimilarities Between Machiavelli And Hobbes1205 Words   |  5 Pagesinsanity. (Tolkien) While The Lord of the Rings was simply a fantasy, it conveyed a real message about the danger produced when a man is given power. For centuries, men have pondered over ideas similar to this; how much power is too much power? And how much power should a man employ to hold an ideal government? This governmental â€Å"ideal† is what Niccolo Machiavelli’s The Prince strived to achieve and how Tomas Hobbes’ governmental steps in Th e Leviathan resulted. During the dramatic changes of theRead MoreAdolf Hitler to Machiavellis The Prince1671 Words   |  7 PagesWhen Machiavelli wrote The Prince in the 1500s, his intentions did not apply to the twentieth century. Some very important figures of the twentieth century used basic ideals from The Prince to obtain and maintain their position in power. One of these individuals was Adolf Hitler. Hitler used numerous Machiavellian ideas to win his respective place in Germanys government. The two most important Machiavellian principles that Hitler used were winning the people and how he dealt with cruelty andRead MoreNiccolo Machiavelli s The Qualities Of The Prince And Lao Tzu1198 Words   |  5 Pages Government: A Profound Leader Since the being of time, humans have sought out law, or government. Governments have been set in place all throughout the world to try to maintain peace and order. As easy as it sounds, governments can be demolished without the right leader. However, that is the catch, what makes a good leader? Niccolo Machiavelli’s â€Å"The Qualities of the Prince† and Lao-Tzu’s â€Å"Tao-te Ching† gives some ideas on how a leader should control their government. Although Machiavelli’sRead MoreModern Political Theory: Rousseau and Machiavelli Essay962 Words   |  4 Pages Machiavelli and Rousseau, both influential philosophers, were innovators of their time. They represented different ideas on what the state of nature and government should consist of, having both similarities and differences. Their viewpoints evolved from different time periods, which make them unique. Machiavelli, the sixteenth century Italian diplomat expressed, that a Prince should be unethical in achieving power. He argued that to be successful in politics certain qualities were of importanceRead More Analysis of Mores The Prince and Utopia Essay1545 Words   |  7 Pageswith Raphael Nonsenso and his travels to Utopia. Niccolo Machiavelli was born in Florence, Italy in 1469 to a middleclass family. The time in which Machiavelli lived Italy as a country was not united but divide and split into little providences and republics. He latter became responsible for the Florentine militia against the Medici government and rule. When the Medici power reclaimed Florence Machiavelli was arrested for conspiracy he was tortured and then banished from FlorenceRead MoreAnalysis Of Niccolï ¿ ½ Machiavelli858 Words   |  4 PagesNiccolà ² Machiavelli, shared the qualities that he believed a strong leader should have in order to run a successful government in a piece of writing called The Prince. In this book, Machiavelli lists the main ideas or rules that a leader should follow in order to maintain his principality or government. For centuries, governments have been influenced by the political views that he shares in his manuscript. Even in the United States of America, his teachings impact the way that the government is run

Human Growth Hormone Deficiency Free Essays

HGH You may have never heard of hypopituitarism until your child was diagnosed with it. Hypopituitarism occurs when the anterior (front) lobe of the pituitary gland loses its ability to make hormones. The resulting symptoms depend on which hormones are no longer being produced by the gland. We will write a custom essay sample on Human Growth Hormone Deficiency or any similar topic only for you Order Now The  pituitary gland  controls many hormones including the  growth hormone. A case with hypopituitarism could have symptoms that involve blood pressure, blood sugar, kidney function, sexual drive and multiple other things not just stunted growth, versus a growth hormone deficiency that would only affect growth. Symptoms of Growth Hormone deficiency in children include the following: Short stature, low growth velocity (speed) for age and pubertal stage, increased amount of fat around the waist, The child may look younger than other children his or her age, delayed tooth development Symptoms of Growth Hormone deficiency in adults include the following: low energy, decreased strength and exercise tolerance, decreased muscle mass, weight gain, especially around the waist, Feelings of anxiety, depression, or sadness causing a change in social behavior, thin and dry skin. Successful treatment of the underlying condition causing hypopituitarism may lead to a complete or partial recovery of your body’s normal production of pituitary hormones. The usual treatment for pituitary tumors is surgery to remove the growth. In some instances, doctors also recommend radiation treatment. If hormone deficiencies continue after treatment, then you’ll need prescriptions of one or more hormone replacement medications. These drugs are considered as â€Å"replacement† rather than treatment, because the dosages are set to match the amounts that your body would normally manufacture if it didn’t have a pituitary problem. Treatment is usually lifelong. There is no cure for hypopituitarism. How to cite Human Growth Hormone Deficiency, Essay examples

Business and Transport Law/Commercial and Transport Law

Question: Describe about the Essay for Business and Transport Law/Commercial and Transport Law. Answer: Introduction A contract can be defined as a promise between two or more parties, to do a particular thing or a set of thing, in exchange of a consideration (Treitel, and Peel, 2015). A contract, when formed, is a lawfully enforceable document. The consideration involved in a contract needs to have certain economic value. Another condition for formation of a contract is that the parties to the contract should be of sound mental capacity. Such parties need to form the contract out of free will and there should be a clear absence of any undue influence. Another condition necessary to create legally binding contract is the intent. (Clarke and Clarke, 2016). A contract can be in two forms, written or oral. In a written contract, all the terms and conditions relating to the transaction are stated down on a document (Bonell, 2009). This document is then signed by the parties to the contract. To create verbal contract, an offer is given in a vocal manner and the acceptance is achieved in vocal manner. It is generally advised to form a written contract instead of a verbal contract (Department of State Development, 2016). Verbal contracts have an ease of formation but in case of disagreements, a written contract can clarify the matter of such disagreements. The elements of a contract can be broadly classified as, offer, acceptance, consideration, intent and certainty (The Law Handbook, 2015). To create a contract an offer has to be made by the party. Then the given offer has to be accepted by the party to whom the offer was made. Such offer has to contain a consideration which has a certain economic value. Further, the contracting parties should have a clear intention of forming a contract. Lastly, a certainty is essential about the terms of the contract (Carter, 2007). Body of opinion Facts The facts are as explained in the assignment task. Issues In the given case, the main issue is whether or not a valid contract was made between Joshua and Ernest in relation to the sale and purchase of the unit. There is another issue in this case which relates to the validity of contract between Joshua and Bridget. Law This case revolves around the elements of a contract. To clarify each point of this matter, the issues have been broken down as per the elements of a contract. Overview -a valid contract A contract is a legally enforceable agreement. If a contract contains the elements of a contract, in a lawful manner, then such a contract is considered as valid (Ayres and Klass, 2012). If any party of the contract does not follow the terms of the contract, they are held liable for a breach of a contract. In such circumstances, various remedies are available for the aggrieved party in the form of monetary damages and equitable damages [specific performance and injunction] (Elliot, 2011). To judge the validity of the contract between Joshua and Ernest, and the other contract between Joshua and Bridget, the facts of the case have been reviewed with the elements of the contract. A study of these elements with the case fact would establish whether these contracts were valid or invalid (Paterson, Robertson and Duke, 2012). Intention to create legal relationship In the case of contract between Joshua and Ernest, there was a clear intention to create a legal relationship. Upon the offer of Joshua, negotiations took place and an acceptance was also attained. Joshua had the clear intention to sell the house. This was evident from the advertisement in the newspaper and TV. There was an intention on part of Ernest as he negotiated the deal. Further, he sent his confirmation through both the mediums specified by Joshua in the advertisement in the newspaper. In the case of contract between Joshua and Bridget, there was a presence of intent on part of Joshua as he offered to pay the advertisement fee in exchange of the TV commercial. But, on part of Bridget, there was no intention to form a legal relationship. This can be clarified from his statements where he clearly refused to accept any payment from Joshua for the TV advertisement. Further, Bridget claimed that the advertisement was done as they were good friends. This confirms the absence of intent on part of Bridget. Offer and acceptance In the case of contract between Joshua and Ernest, an offer was made on September 08, 2016 by Joshua for sale of his Unit in form of an advertisement in the newspaper and TV. In the advertisement, the mode of acceptance was stated as a telephone number and a fax. On this offer, a counter offer was made by Ernest on September 09, 2016. A counter offer is not considered as an acceptance as was held by the Court in the matter of Stevenson, Jacques Co v McLean [1880] 5 QBD 346 (Thomson Reuters, 2004). Upon further negotiation, Joshua told Ernest that he would not sell the unit for any amount which is less than AU $180,000 and that he would not sell the house to anyone before September 12, 2016. In the afternoon of September, 2016, Ernest called Joshua to convey his acceptance to the offer. When Joshua failed to pick up the phone, he left a voice message which identified him and conveyed his acceptance in this matter. Further, to ensure his acceptance is conveyed, Ernest sent Joshua a fax on that very instance. However this fax was thrown away by Joshuas 3 year old son. The voice message was accidently deleted by Joshua. In this case, an acceptance was clearly made by Ernest. The reason behind this is that Ernest followed the methods provided by Joshua to convey his acceptance. The acceptance was not received by Joshua due to errors on his part. Ernest had fulfilled the conditions of a valid acceptance and hence, the offer of Joshua was considered as accepted by Ernest. Further a reference should be made to the case of Lucy v. Zehmer, 196 Va. 493; 84 S.E.2d 516 (1954) as per which Ernest was not required to confirm if the acceptance was heard or read by Joshua (WashULaw, 2013). In the case of contract between Joshua and Bridget, Joshua had requested Bridget to produce a TV commercial. This was an offer on part of Joshua. This offer was accepted by Bridget as he agreed to produce a commercial for the sale of unit by Joshua. So, in this case an offer was made and acceptance was attained. Consideration In the case of contract between Joshua and Ernest, the offer was made for a consideration of AU $200,000. But during negotiations, the consideration for the unit was finalized at AU $180,000. A consideration can be any amount which is fixed by the parties to a contract, as long as such amount has an economical value. In the case of Chappell Co Ltd v Nestle Co Ltd [1960] AC 87, it was held by the Court that consideration could be anything which is fixed between the parties (Australian Contract Law, 2010). In this case, the consideration of AU $180,000 has economical value and hence, a valid consideration was made in this contract. In the case of contract between Joshua and Bridget, Joshua had asked about the advertisement fee. Bridget had waived off this fee on basis of being good friends. Here, no consideration was involved. And a good friendship does not have any economic value. Later on, Joshua himself offered to pay AS $10,000 to Bridget. This would not be considered as a valid consideration as the terms of a contract have to be fixed at the time of the contract and not afterwards. So, an absence of consideration invalidates this important element of contract. Capacity of parties In the case of contract between Joshua and Ernest, both parties were free from any duress or mental pressures (Frey and Frey, 2005). None of the parties were a minor or intoxicated. In short, the parties to this contract did have the contractual capacity. In the case of contract between Joshua and Bridget, the parties had contract capability based on the same reasons which have given in the case of Joshua and Ernest. Reality of consent The parties to a contract have to mutually agree to the proposed objectives and terms of the contract. When one party secretly has a different agenda and still gives consent to the contract, there is no reality in such consent. There is no binding contract without the presence of real consent of the parties (Andrews, 2015). In the case of contract between Joshua and Ernest, the consent was real in all aspects. None of the parties had any hidden agenda nor had they provided a partial or half hearted consent. In the case of contract between Joshua and Bridget, the consent to produce the TV commercial was real. And hence, in this case also a presence of reality of consent would be found. Legality of object In the case of contract between Joshua and Ernest, the sale of a unit was the main object of the contract. And this is a totally legal object. Moreover, no other condition or term gave rise to any illegality. In the case of contract between Joshua and Bridget, even though no consideration was fixed for producing the TV commercial but that does not mean that there was some illegality in the objects of the contract. Lack of consideration makes a contract invalid, not illegal or unlawful. So, in both these cases, the objects were completely legal. Application From the writers point of view in the case of contract between Joshua and Ernest, a valid contract was formed. There was a presence of all the elements which makes a contract valid and enforceable (McKendrick and Liu, 2015). In this case, an offer was made by Joshua. Ernest took the stated method for accepting and ensured his acceptance was conveyed by following both the stated mediums stated in the advertisement. The presence of consideration, certainty and intent further make this contract a valid contract. Since a valid contract was formed, the sale of Unit by Joshua to another buyer for a price of AU $190,000 holds Joshua in a breach of contract. And so, Ernest can sue Joshua for a breach of contract. The Court in this case would award the necessary relief to Ernest. This relief is awarded upon discretion of the Court and can be in the form monetary damages or equitable damages. In the writers opinion, the contract between Joshua and Bridget was invalid. This contract lacked the essential element of consideration. Also, there was a lack of intent on the part of Bridget as he was doing the TV commercial out of friendship and not as a commercial dealing. This is confirmed as Bridget waived off the production fees of the TV advertisement. Since in this case, there was no valid contract, Bridget cannot sue Joshua for nonpayment of the TV advertisement fees which was decided by them later on. In the absence of a valid contract, no party has a right to seek redressal. References Andrews, N. (2015) Contract Law.2nd ed. UK: Cambridge University Press Ayres, I. and Klass, G. (2012)Studies in Contract Law. 8th ed. New York: Foundation Press. Bonell, M.J. (2009) An International Restatement of Contract Law:The Unidroit Principles of International Commercial Contracts. 3rd ed. New York: Transnational Publishers, Inc. Carter, J W. (2007) Contract law in Australia. 5th ed. Sydney: LexisNexis Butterworths. Clarke, P. and Clarke, J (2016) Contract Law: Commentaries, Cases and Perspectives. 3rd ed, South Melbourne: Oxford University Press. Department of State Development (2016) Contract Law. [Online] Government of South Australia. Available from: https://www.sa.gov.au/topics/crime-justice-and-the-law/contract-law [Accessed on 09/09/16] Elliot, C. (2011) Contract Law. 8th ed. London: Pearson. Frey, H P. and Frey, M A. (2005) Essentials of Contract Law. 3rd ed, Portland: Delmar Cengage Learning. McKendrick, E. and Liu, Q. (2015) Contract Law: Australian Edition. London: Palgrave Macmillan Paterson, J.M., Robertson, A., and Duke, A. (2012) Principles of Contract Law. 4th ed. Rozelle, NSW: Thomson Reuters (Professional) Australia. The Law Handbook (2015) Elements of a Contract. [Online] The Law Handbook. Available from: https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/ [Accessed on 09/09/16] Treitel, G H. and Peel, E. (2015) The Law of Contract.14th ed, London: Sweet Maxwell. Australian Contract Law (2010) Chappell Co Ltd v Nestle Co Ltd [1960] AC 87. [Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/cases/chappell.html [Accessed on 09/09/16] Thomson Reuters (2004) Stevenson, Jacques Co v McLean [1880] 5 QBD 346. [Online] Thomson Reuters. Available from: https://legal.thomsonreuters.com.au/product/AU/files/720502512/contract_p4_stevenson_v_mclean.pdf [Accessed on 09/09/16] WashULaw (2013) Case Study: Lucy v. Zehmer. [Online] Washington University in St.Louis: School of Law. Available from: https://onlinelaw.wustl.edu/blog/case-study-lucy-v-zehmer/ [Accessed on 09/09/16]

Saturday, May 2, 2020

Critical Analysis Hawkesbury Cabinets Pty Ltd

Question: Discuss about the Critical Analysis for Hawkesbury Cabinets Pty Ltd. Answer: Introduction This essay is based on the subject area of operations management. However, the main focus area of the study is the operation management at Hawkesbury Cabinets Pty Ltd, which is current facing some problems in its business. This particular essay identifies the major problems that the organization is currently facing and at the same time, it also emphasizes on the identification of the roots of the problems. The conclusion of the essay is derived by considering the overall findings of the study. Critical analysis of the problems at Hawkesbury Cabinets Pty Ltd As per the case study, Hawkesbury Cabinets Pty Ltd is operating a successful business since 2008. The company is specialized in manufacturing custom-built kitchen cabinets. The sales volume and the range of clients of the company is increasing day-by-day; however, the company is unable to increase the profit percentage as compared to the sales volume. This situation has made the general manager Mei Chen worried about the operations management of the company. Along with the problems in profit margin, the accountant of the company has also identified that the cost structure of the company is also at increasing stage. In the analysis of the case study, it has been identified that the main reason behind the profit and cost issues of the company is its huge inventory or work-in-progress items. As per the principles of the operations management, a company must organize the resources in such a way so that it can minimize its cost structure (Akalin, Huang Willems, 2016). At the same time, the cut flow time is another basic principle of operations management. As per the cut flow time principle, the business organizations must build such an operational flow that helps to get the finish product within the minimum possible time (Vaughen et al. 2015). However, in case of Hawkesbury Cabinets Pty Ltd, the number of items at work-in-progress stage is huge, which has blocked the manufacturing area of the company. High volume of work-in-progress items denotes that the flow time of the company is high, which indicates the company is failure to manage its operations properly. In this context, Goh and Eldridge (2015) argued that decrease in the flow time requires involvement of more people and improved machineries in the production and operational process, which is not available in all companies. At the same time, the principles of operations management also states about the continual and rapid improvement in the operating and manufacturing activities within the company (Attafar, Shahin Kheradmandnia, 2016). However, in this regard, Akalin, Huang and Willems (2016) noted that rapid improvement is not possible for all type of organization. In the organization like, Hawkesbury Cabinets, if the improvement is made in one section, then it will require change and improvements in the other sections also, which may incur huge cost. For example, if the company that is Hawkesbury Cabinets wants to improve its inventory management system, then it needs to sale its current inventory and needs to reduce it. However, selling the inventory will require investment of huge cost in the distribution and promotion of the products (Valmohammadi Roshanzamir, 2015). The root of the operational problems at Hawkesbury Cabinets is in the products prioritizing system at the company while scheduling the trade-offs made to the products. At the same time, the company has involved the same craftspeople in manufacturing the standards as well as customer kitchen cabinets. Due to the involvement of same craftspeople, the production system takes more time to produce the finished or final products (ÄŒiegis Jasinskas, 2015). On the other side, the company had focus on manufacturing the low volume but high quality standard kitchen cabinets, which required more time and cost. Due to this the cost structure of the company increased at high speed but as the volume was low, the sales and profit margins did not grow much. The Total Quality Management theory of operations management suggests that the companies must operate its business in such a way so that it can achieve the customers satisfaction for long-term by engaging its entire workforce in the improving process of operations (Attafar, Shahin Kheradmandnia, 2016). The theory also suggests controlling and reducing the waste level in order to improve the products and service quality of the company. However, in Hawkesbury Cabinets, the people are less concern about the reduction of waste during the manufacturing process, which can be identified in the trade-off scheduling process of the company. The Theory of Constraints also suggests that the company must identify the major constraints or limiting factors that create barrier in achieving the goal or aim of it (ÄŒiegis Jasinskas, 2015). At the same time, the company must try to improve the system until there is no constraint in the operations system (Akalin, Huang Willems, 2016). At Hawkesbury Cabinets, there are many constraints like, cost, time, which have not been improved by the company. However, Mahmoud et al. (2015) argued that improving and reducing the constraints within the company requires much time and cost. Therefore, at this situation, where the profit margin of Hawkesbury Cabinets is not increasing much, improving and reducing the constraints by involving more time and cost is difficult for the company. Due to several operational problems at Hawkesbury Cabinets, the current performance level is declining. High concentration on the new builders kitchen line has involved more time in the production system. Due to this the number of work-in-progress has increased in the company. At the same time, due to the movement towards the builders production and due to the high inventory, most of the capital of the company is blocked. Apart from that, as the profit margin of the company has not improved with the increasing volume of sales of standard builders the financial health of the company became weak. This will affect the future production capacity of the company (Zhang et al. 2015). If these problems continue in the organization, then in the new future, the company will not be able to produce the quantity demanded and that will affect the goodwill of it. On the other side, due to the excessive lead times in the production, the company is currently unable to receive any contract with shorte r delivery times and the manufacturing capacity of the company has also reduced than before. Conclusion In this essay, it has been identified that the company Hawkesbury Cabinets Pty Ltd is currently facing a major operational issue. The profit margin has not increased with the increased volume of sales. At the same time, the company is becoming unable to produce the products on time. The inventory level of the company is increasing day-by-day, which indicates the inefficiency of the company in managing its business operations. The cost level of Hawkesbury has also increased along with the lead time, which has affected the financial health of the company. The analysis with the help of operations management principles and theories has disclosed that the company has not maintained the principles properly. The company has not used the theories of Total Quality Management and Theory of Constraints of operations management. Moreover, the increased operational problems will affect the goodwill of the company in the near future. Reference list: Akalin, G.I., Huang, Z. Willems, J.R., (2016). Is Supply Chain Management Replacing Operations Management in the Business Core Curriculum?.Operations and Supply Chain Management: An International Journal,9(2), pp.119-130. Attafar, A., Shahin, A. Kheradmandnia, M., (2016). The impact of TQM practices on organizational learning case study.International Journal of Quality Reliability Management,33(5), pp.574-596. ÄŒiegis, R. Jasinskas, E., (2015). Theory of Constraints and its Usage to Evaluate the Governmental Support for.Engineering Economics,49(4). Goh, S.H. Eldridge, S., (2015). New product introduction and supplier integration in sales and operations planning: Evidence from the Asia Pacific region.International Journal of Physical Distribution Logistics Management,45(9/10), pp.861-886. Mahmoud, M. I., Ammar, H. H., Hamdy, M. M., Eissa, M. H. (2015). Production operation management using Manufacturing Execution Systems (MES). In2015 11th International Computer Engineering Conference (ICENCO)(pp. 111-116). IEEE. Valmohammadi, C. Roshanzamir, S., (2015). The guidelines of improvement: Relations among organizational culture, TQM and performance.International Journal of Production Economics,164, pp.167-178. Vaughen, B.K., Downes, A., Fox, J. Belonger, D., (2015). Guidelines for integrating management systems and metrics to improve process safety performance.Process Safety Progress,34(3), pp.259-266. Zhang, N., Wang, Y., Huang, Y., Liu, D., Gao, Y., Li, H. (2015). Large-Scale Distributed Photovoltaic Power Dispatching and Operation Management Review.Journal of Power and Energy Engineering,3(04), 326.