Monday, September 30, 2019

Break even

Breakeven is the point at which the company is not generating either profits or losses. This is the point at which the company is generating just the level of revenue which compensates for both the variable costs and the fixed costs. Variable costs fluctuate with the level of patients arriving for the scans. The greater the number of incoming patients for MRI scans, the greater the variable costs. However the fixed costs, which involve the lease payments, which are periodic, will not vary regardless of the number of patients coming in for the scan.Therefore, while greater number of patients means greater variable costs, it also means that there will be greater scope for the company to cover the fixed costs. That is of course given the fact that the price is higher than per unit variable cost. That is the case under the present scenario. The price that each customer pays for an MRI scan is $2100 while the cost that the company has to incur for each scan is $1200. The difference betwee n the price and the variable cost goes towards covering the fixed costs. That is why the breakeven equation stands as it does.As mentioned before, breakeven is the point at which there are neither profits nor loses for the company. As a result profit at this point can be considered as zero. The level of sales at which profit is zero means that under the present circumstances, the number of MRI scans that the hospital has performed cover for not only the variable costs but fixed costs as well. In the present scenario the payment that the hospital receives in return for performing the MRI scan is $2100 which is much higher than the cost of performing that scan which is $1200. Therefore, the company will have no problem in covering for the variable costs.What the hospital has to worry about is covering the fixed cost. Therefore the objective here is to determine the number of patients at which the difference between total revenue and total variable costs equals the fixed costs. The equ ation generates the 100 patients that R Squared must scan each month to cover not only the variable costs of performing each scan but also the fixed costs of operating the MRI scan equipment. 100 patients indicate the minimum number of patients that R Squared must scan each month in order to be able to stay in business, i.e. get back both the variable cost and the fixed costs. However General Hospital is ensuring 125 patients each month. This is very good for R Squared because at that number of patients, the hospital will be generating a level of profit that is higher than the $10000 calculated in question 2. Therefore R Squared will accept this contract. Question 4 If R Squared does not accept this contract it could reach an agreement with General Hospital whereby part of the costs for operating the equipment could be borne by General Hospital.This will reduce both the variables costs and the fixed costs for R Squared. In that scenario the management of the company could afford to accommodate a lower number of patients as it has to cover for a lower level of costs. Of course since 125 patients on a monthly basis means nearly $22500 of profits, there is no reason for the management not to accept this contract. However the management could be targeting a higher level of profits from its MRI division. In that case, a strategic alliance in the form of cost sharing as mentioned before could help both parties reach an agreement.

Sunday, September 29, 2019

Case study of the old family bank Essay

Macro The major problem presented in this case is that The Grayson Chemical Company is experiencing a decline in earning and sales. The board of directors of the company has brought in a new company president to help in turning things around for the company. The new president now faces the enormous task of returning the company into a growth path and profitability. Micro There are also micro-problems that emerge in this case that may hinder the new president from solving the macro-problem. One of these micro-problems is an existing culture of conservatism and rigidity in running the activities of company. The new president views this culture as a challenge that may hinder him from implementing appropriate strategies for turning the company around. The second micro-problem is existing sharp differences in opinion among the directors of the company. Each is offering different advice to the new president. Causes The main cause of the problems identified in the case is lack of flexibility and adoptability by the organization to new changes (Reeves & Deimler, 2010). It is stated in the case that the company had in the past experience a stable and profitable spell before things standing going bad. There is clear picture that the company still continued to rely on strategies that gave it past success despite times and market conditions having changed. This lack of adaptability has seen the company fail to improve it competitiveness by embracing new opportunities and addressing new challenges that come with time. System Affected The reliance by the company on old traditional ways of doing things has affected almost every aspect of the organization. It has become part of the organization culture to do things because they have always been done that  way and this culture has affected the entire organization (Organizational Culture, 2010). When a problem arises from the culture of the organization it usually cuts across the entire organization. Recommendations What is needed in order to turn the fortunes of the organization around is a complete change of the existing cultures (Organizational Culture, 2010).. The culture of doing things as have always been done, needs to go and its place taken over by a culture of flexibility, adaptability and innovativeness. This calls for a change of policies and retraining of workers. Reference Anonymous (2010). Organizational Culture. September 8, 2011. Retrieved from http://managementconsultingcourses.com/Lesson35OrganisationalCulture.pdf Reeves M. & Deimler M. (2011). Adaptability: The New Competitive Advantage. September 8, 2011. Retrieved from http://hbr.org/2011/07/adaptability-the-new-competitive-advantage/ar/1

Saturday, September 28, 2019

Applicability of Visualization and RFID Technology -myassignmenthelp

The work scenario is that in my organization different individuals and units perform several functions independently. Each work station is served with a computer and one server. The company is to provide each workstation with integrative linkage to facilitate communication.  Ã‚   The information technology infrastructure provides a chance of using a multiple different service system. The Radio frequency identification (RFID) tags network system helps to come up with different service systems. Huang et.al (2014, p.497) defines RFID as a technology using radio waves in identifying of signals, and virtualization as a technical architecture that links different resources into one single environment. Both visualization and RFID technologies are important. The visualization system is useful because it reduces physical readers and operational costs when using information technology systems. The RFID is useful in business in tracking and identification of network infrastructures signals. The virtualization of RFID tag network system is useful in business because it provides social infrastructure like the internet. Example is the global internet network architecture that uses RFID visualized tag network system (Huang et.al. 2014, p.490). The use of RFID visualized tag network system purpose is to allow multiple service systems users to share the same infrastructure. Technologies in the world are creating are virtual networks or systems are compatible to devices and RFID tag network system (Al-Kassab et.al. 2014, p.420). Visualization is used to create virtual network address in combination with RFID infrastructure which is used to create service center location. Al-Kassab et.al (2014, p.495) explains further that business use service engines to obtained information and creating social network systems with the aid of the two technologies. Al-Kassab, J., Quertani, Z and Neely, A 2014, visualization and support management decisions models, Journal of information technology & decision making, 13 (02), pp. 407-428 Huang, W., Ding, C., Wang,S., Jing, X and Zhang, Z 2014, RFID indoor visualization positioning data, International conference systems and informatics, (pp.497-504), IEEE.

Friday, September 27, 2019

Case study in business competitve strategy Essay

Case study in business competitve strategy - Essay Example The main problem was the hygiene factor that the plant lacked in and CFIA recommended shutting down the plant in Winnipeg for the purpose of deep cleaning and revised cleaning protocols (Ewing, 2006). The external constraints in this case are that after the news became prominent in the media and newspapers, the customers were reluctant to buy their products. The Company CEO however assured the mass that the health and safety of the million Canadian families are their responsibility and they will take care of it. But few internal constraints made it difficult for the company to improve its grounded image before the customers. One of the employee of another plant of Oaktree Mills tweeted confidential news on social networking site. The female employee did not limit herself to the leakage of the confidential news of the company only but also blamed the company for using unsafe practices for processing of meat. She even informed the mass by tweeting not to trust the company and their pro ducts and to beware of the company’s false assurance. The Director of Communications and the Human Resource Head of Oaktree Mills are shocked to see the deed of the employee. The problem that was faced by the company was mainly because it did not have any social media policy. As the company did not have the policy thus they could not take any step against the female employee. The CEO of the company has the least to do other than ordering the director and human resource head to look after the situation seriously and take appropriate steps for handling the situations (Ewing, 2006). Situation analysis Oaktree Mills is a family owned large meat processing company based in Calgary and the processing firms are in Winnipeg, Montreal and Toronto. The company is famous for the product quality it serves to its customers. It has created good relation with their employees and concentrates highly on the retention of the employees, when other companies go for layoffs. It has also undertake n corporate social responsibility activities, so as to take care of the environment it works in and also their neighbours. Recently, the uninterrupted business faced a serious situation, which harmed the image of the company. About 13 peoples in Saskatchewan were hospitalized after being affected from salmonella poisoning. The situation was noticed by Canadian Public Health Authority, who informed the matter to the Canadian Food Inspection Agency (CFIA). CFIA investigated the matter and found that the illness was due to consumption of the sandwich meats. They identified the fact that the methods that are undertaken by the Winnipeg processing plant are not adequate for the hygiene factor that a processing plant should possess. The agency reported that the two industrial meat grinders are not clean and thus it processed the meats in an unhygienic manner. The agency even recommended the company to shut down the plant in Winnipeg for deep cleaning and for revising the cleaning protocols . Oaktree declared the suspension of operation of the plant and assured full cooperation with CFIA. Thus, 1.2 million kilogram of processed meat products was recalled. The Director of Communication, Ashok Fraser worked together with the senior management for controlling the situation and informed the public to avoid causing panic

Thursday, September 26, 2019

Managing innovation and technology case study Essay

Managing innovation and technology case study - Essay Example The phone was called IBM Simon and it is regarded as the first Smartphone (Sager, 2012). The concept of Smartphones however dates back to 1970s. IBM Simon was the first commercial cell phone to have a touch screen interface. Since the launch of IBM Simon, the market for Smartphones has grown tremendously. After the launch of I Phone in 2007, the market for Smartphones changed significantly. Companies started to come up with innovative designs and features for customers. I Phone actually showed cell phone manufactures the potential market of Smartphones. Since then the market has grown at a greater pace and many big companies have entered the market of Smartphones like Google and HTC (Market Research, 2012). Smartphones are different from regular cell phones because of their superior features and enhanced connectivity. They are based on mobile operating systems that provide users with greater speed, innovative features, and enhanced internet connectivity. Smartphones usually have touch screen interface which adds to the features and design of the phone. All these unique characteristics of Smartphones make them popular among the general public. There are many advantages of Smartphones like portability, better internet connectivity, increased memory space, and user friendly operating systems. Smartphones combine, to some degree, features of a regular phone and a computer. They allow users to send and receive emails, and also to browse the internet (Jones, 2012). These phones also have mobile based operating system that allows better integration with applications of different manufacturers. The main advantage of a Smartphone is its portability as one can carry it almost anywhere and can enjoy its features even on the move. Smartphones also have some disadvantages. Smartphones have made us increasingly dependent on technology. There seems to now work life balance in our lives as we are always ‘connected’ to the world. Smartphones also

Doing history essay Example | Topics and Well Written Essays - 1500 words

Doing history - Essay Example Finally, a process of purification followed. The process also involved isolation of lepers from the society with the aim of ensuring purity. The plague, however, is a symbol of modern measures for ensuring a disciplined society. Response measures to a plague symbolize mechanisms and authorities for identifying and evaluating indiscipline for adequate corrective measures. Operation of similar forces to brand those who are not disciplined and to transform them towards an organized society is then discussed (Foucault 195- 199). Foucault also discusses Bentham’s panopticon, another symbol for the modern day authority. In the figure, each prisoner was placed in a room that could be watched from a centralized tower. Each room had two windows, one directed towards the tower and another in the opposite direction and open to light. The light would then illuminate prisoners and allow an observer at the tower to see whatever happened in the rooms. No communication is however possible bet ween prisoners or between prisoners and the observers. Unlike the previous approach to isolation, the panopticism model offered access to light and visibility and improved efficiency of discipline. It allowed for use of lesser personnel and effectiveness of administration (Foucault 200- 204). The author’s discussion of the two imageries, the plague and Bentham’s panopticon, are ways of seeing history and developed bases for the author’s exploration of history. Based on the images, the author explores many questions that form major themes of the article. The first question can be framed as follows, how is power attained and managed in ensuring discipline? The author uses both imageries to answer this question. From the plague imagery, the author reports that power is attained through mobilization of authority for extensive influence and through isolation of subjects. The panopticon approach is a replica of the approaches but

Wednesday, September 25, 2019

Chapter 8 summary-business ethics Term Paper Example | Topics and Well Written Essays - 1250 words

Chapter 8 summary-business ethics - Term Paper Example Moreover the concepts of business ethics have been successfully illustrated with many of the examples from business world. A person becomes liable to a firm when he signs the contract at the first place when he is employed. A contract that is signed at the time of hiring sets the rule for an employee. The rules must be followed by the employee in any case because it is agreed by both the parties. An employee is liable to reach certain targets in order to get fair remuneration. The clauses of a contract not only includes the framework that is supposed to be followed by an employee but it further includes even the smallest matters such as holding the prospects regarding dresses clearly. There is always a combination of comments and acceptability when it comes to loyalty towards the company from an employee. Some of the writers of business ethics believe that an employee needs to be highly loyal to the company whereas on the other hand it is believed that there is a non acceptance of the fact that loyalty should be exercised to the diminished social life of an employee. It is quite depending upon the nature of the job and what type of the organization would an employee would be working. There are some of the jobs nature that require over times. The need of defending the interest of an employer is far more significant and required than just being loyal to the company. There could be a certain points and instances where the interest of an employee would surely collide with the interest of an employer. In this chapter, the issues between the interest of employee and employer have been referred to conflict of interests. The conflict of interest of could be in terms of employee’s desire of wearing clothes the way he wants, coming late at work or could be a conflict in the attainment of remuneration. The conflicts could be solved for sure but there could be instances where the conflicts would be unacceptable for the company

Tuesday, September 24, 2019

Reserach paper Essay Example | Topics and Well Written Essays - 2250 words

Reserach paper - Essay Example President Bush takes over leadership from bill Clinton. Economic wise, taxation is the major player in the field. Principles related to the handling and imposing of tax vary between the two presidents. This is exhibited when the change in taxation is implemented by Bush. He introduces lower taxation rates contrary to the bill that had higher taxation system. America prepares to make control over the world as they aspire to be the best in war technology. The establishment of research in the sector of biological toxins as weapons targeting specific people is established. The control of these toxins is also put in check in order to avoid attacks from within. This is father enhanced by restricting the ownership of some transport vessels. These are done through fast legislations. This document relies on research findings and analysis of the changes during 2000-2001 in the US. There are changes that were realised during this period. Among which, the legislations that were directed towards ensuring safety of the Americans after the attack in Yemen. These included restrictions and developments in research sectors. Some changes involved the attack on the terror groups. This was targeted at eliminating the Taliban and al-Qaeda who were the arch enemies of the states. This was the time when elections held, and to some extent, it disputed within states. Bush emerged the winner as Clinton left office. The economy is said to have had a surplus budget then. This was due to the high taxation rate that was imposed by bills administration. Bush, however, lowered the rates after taking over the office. In this same period, the genetic code was cracked. This gave a lime light to a discovery of drugs to treat ailments related to genetic composition of the humans. The other changes that were realised in this period were the development of legislation that restricted ownership of defined commodities. This was as a result of an attack on the naval ship. Measures were

Sunday, September 22, 2019

Comparing and Contrasting 2B or not 2B and Digital Media in Changing Research Paper - 1

Comparing and Contrasting 2B or not 2B and Digital Media in Changing Language - Research Paper Example In fact, texting has been confirmed to be one of the leading activities that have generated a lot of revenue for most telecommunication companies around the globe. Easy access to mobile phones to youths and school going students and pupils has seen increased use of text messages. This has raised concerns and has even led to debates on the issue of texting and how it would affect learner’s ability to read and write. Teachers and other experts in the field of education would want to know whether the use of text as a form of communication improves or negatively affects the literacy skills of the learner. Some people including authors have condemned texting and even gone an extra mile termed it as a digital virus. Texting has been associated with the invention of and access to mobile phones and personal computers with,n the past 20 years. This writes up looks at some of the reasons as to why texting has been condemned by various people and some of the devices facilitating its prol iferation within the young generation. In relation to 2B or not 2B, texting has been seen as an innovation that is destroying the English language. In fact, it has been perceived as an aspect that not only savages sentences but also rapes vocabulary in English. In addition to this, some writers say that texting encompasses poor spellings, hides dyslexia and is a clear indication of mental laziness in those using texts as a form of communication. People who employ texting as a form of communication make use of abbreviations, digits and even shortened words. Some authors and writers have seen no novelty in these aspects. They oppose texting because they believe that some of its aspects are meaningless and can be understood by people of one generation. An example of this is the use of texting in among the youths who are conversant with some of the texts used. On the other hand, parents and the older generation may not be able to connect some of the numbers, words or even short forms us ed to get the right meaning of the text.

Saturday, September 21, 2019

Background check of hiring employee Essay Example for Free

Background check of hiring employee Essay In nowadays, background check of hiring employee is practicing by almost all agencies. Point is that, the skills of the applicant can be, somehow, figured out. It is much more difficult to assess the level of trust, honesty, mental toughness, and loyalty. Reading through chapter 9, and conducting a slight research, my answers to the questions of the given scenario are as follows: 1.Do temporary agencies have a â€Å"duty† to run background checks? If so, did Robert half â€Å"breach that duty?† Why or Why not? According to the law of negligence, temporary agencies should follow the duty policy on background check on pre-employment, in order not to satisfy an element of negligence. In case of Robert Half International Inc., and Fox Associates, Inc., I don’t think, that duty was breached, the company trusted to provided information by Ms. Ross about herself, and she got good recommendations from her former employers. At some extend, it is a background check. 2.The court ruled against Fox Associates. Was the court correct? Do you think Fox should have done its own background check? Why or Why not? I agree with the court decision, that it was determined that duty is not breached, because it happened unknowingly. Even though the company recommended the employee, Fox could do its own background check as well. 3.The fact pattern mentions that Sunbeam suffered similar damages when it failed to do its own background check on Mr. Dunlap, its former CEO. Who was more at fault, Sunbeam or the Executive search agency? In this case, the fault has an Executive search agency more, than Sunbeam, as it its straight duty to check background before approve for hiring. However, Sunbeam is liable for its losses also, because it should request and check the information about hiring employer. 4.Strategically and legally speaking, why do you think the former employers said nothing about Ms. Ross’ history and gave her good recommendations? There could be some reasons: 1). the former employers might feel sympathetic towards Ms. Ross, and they don’t believe that she has stolen any funds; 2) Ms. Ross, indeed a good specialist in her field; and the last 3) The former employers just didn’t tell the truth. 5.Develop one  unique background check policies for your company on employees hired through a search firm or temp agency. The main idea on background check which I’d like to develop, besides gathering information, confirmation of address, criminal records searches, is that pre-employee will answer some â€Å"simple† questions, which will ask him/her the same, but in different manner, and maybe I would add some psychological tests, which will let me know if that employee was capable to do something unethical in his past work experience.

Friday, September 20, 2019

Evaluate the concept of normal and abnormal behaviour

Evaluate the concept of normal and abnormal behaviour To most people abnormality is described as being different from other people in other words it is seen as different from what is recognised as normal or unusual in society. Psychologists have described several approaches for standard behaviour but an evaluation of three different categories and their concept is going to be discussed. Different societies have their own set standards of behaviour and attitudes so anything that would fall outside the set criteria would be considered to be abnormal, psychologically referred to as deviation from social norms. Another theory of abnormality can be explained by referring to people who deviate from statistical norms. This definition groups people together, based on certain measured characteristics, and put this information into a distribution pattern to classify whether people fit into the average, or whether they fall outside the average, for example, if intelligence quotient is measured, the results would show that on average most people would fall around the middle, so those with either low or high scores statistically would be considered to be abnormal, though the assumption of intelligence can be portrayed in tow ways, for example if a person has a high IQ , they are regarded positively and do not fall in the abnormal criteria, whereas if others fall under the low score there are viewed negatively and therefore considered to be abnormal. Physical examples can also be taken into account, especially in terms of height or foot size. In other words manufacturers would produce products accord ing to the statistical numbers that fall into the normal criteria. Psychologists do have an overall assumption of how mental health, gender and culture issues are referred to statistically. Though they are several factors of mental health problems, there some such as anxiety or depression which are statistically considered to be normal human conditions whereas, if one is clinically disorganised with severe anxiety, or found to be clinically depressed can be described as someone with a mental disorder which is abnormal in a statistical sense. In terms of gender, some psychologists have argued that males are less likely to consult their doctors when suffering from mental disorders, which makes the females score highly in statistical data. Bennett (1995) believed that this would be due to matters of socialisation especially in industrialised societies. In regards to culture Cohen (1988) gave a description of how Indian mental patients are highly discriminated, so this would leave many patients without seeking any clinically help for their mental disord ers so this would lead to wrong statistical measures. Another definition would refer to those people whose behaviour is maladaptive or dangerous. This looks at the effects of the behaviour problems either to the wellbeing of an individual or any social group. We have to remember that defining abnormality is usually limited by cultural differences. This means that what may be classed as normal in one culture could be defined as extremely abnormal in another and this limits the definitions accuracy in being able to define abnormality as a whole so the three definitions above do not consider cultural differences. The concept of abnormal can be brought to a conclusion by evaluating the above approaches as they all help society identify abnormalities in other individuals which helps promote an overall safe living environment. For example, if an individual deviates from social norms, adequate help may be given to them as soon as their behaviour is detected from what is considered to be normal but on the other hand defining abnormality as deviation from social norms, can be used to justify the removal of those people who are considered to be abnormal from society. Statistically, it has been found out that though statistical frequency or infrequency is important to the population it is not effective when applied to mental disorders, so this makes it difficult to determine what is normal in the statistical sense. ANALYSE THE DIFFICULTIES INVOLVED IN DIAGNOSING MENTAL ILLNESS AND DISCUSS THEIR USEFULLNESS. A neurological examination, which helps physicians identify structural and psychiatric abnormality is usually carried out on patients with psychiatric disorders, and later gives an understanding of the wellbeing of the persons brain, mental function, nerves and muscles. Psychologists have developed two classification systems that help classify abnormality into mental disorders and also diagnose them clinically. They are known as Diagnostic statistical Manual of Mental Disorder (DSM) and the International Classification of The Causes of disease and Health Related Problems (ICD). Both these systems classify abnormal patterns of thinking, behaviour and emotion into mental illnesses. A significant feature of the DSM classification is the 5-axis diagnostic system, which gives a systematic evaluation of the patient and then gives a full account on the general medical condition of the patient or personality disorders, psychosocial and environment problems, as well as the level of functioning of the individual. The ICD on the on the other hand includes diagnoses for all the systems in the human body and is not popularly used in clinics as the DSM. Both classifications have the same e definition of mental disorders, so they both have their focus on the patients personal distress other than on what the rest of society react to any type of behaviour of the individual. The above classifications tend to be objective, but in society fear arises to the fact that those individuals who are classified and their families may be prejudiced against. The approach of classifications has been approved for its successfulness to the treatment of physical illnesses but not is found not to be very effective in treating mental disorders and this is because symptoms from those suffering with mental illnesses are usually subjective, meaning it is always what they feel and this may be diverse between individuals. Psychiatrists and clinical psychologists have very limited information to assess the well being of an individual compared to those who treat physical illnesses, for they carry out extra laboratory examinations like x-rays and blood tests to find the symptoms and then diagnose the individual. This shows that cause of a disease in mental patients is partially known whereas in those patients with physical disorders causes are fully known. David Rosenhan (1973) carried out a study on eight people who were normal but complained of hearing voices, they were diagnosed with schizophrenia, so he argued that psychiatrists could only rely on their observation methods because they could not verify the patients symptoms. Therefore he drew a conclusion that psychiatric classification could be very inaccurate. Scheff (1966) also criticised the classification method in his labelling of theory. He argued that a psychiatric label to a patient may worsen their condition, because they might be treated as though they are mentally ill. On the other hand, psychologists have found it advantageous, and insist that DSM classification has helped in terms of developing and understanding the causes of mental illnesses in different patients. According to Gelder et el. (1996), The use of classification can certainly be combined with consideration of a patients unique qualities, indeed it is important to combine the two.{Pg 648 Eysenck M, (2000) Psychology A Students Handbook, Psychology Press}. According to ICD classification, 11 major categories can be identified for mental disorders. But they are found to be more general than those of DSM. Therefore, it has some extent of reliability, but very limited information on its validity. EVALUATE THE USEFULNESS OF DIFFERENT MODELS OF ABNORMAL BEHAVIOUR The models of abnormality are theories that help to describe the cause of psychological disorders. There four models known as Biological, Psychodynamic, Behavioural and Cognitive approaches, and each model has a distinct view which helps to provide extra research and treatment approaches as a result. However, psychologists have split views in terms of analysing the disorders; some believe that disorders must originate from psychological causes whilst others believe that the disorders could be based on biological causes. A brief description and an evaluation is going to be looked at for both, Biomedical and Psychodynamic models and an outline of their usefulness will also be accounted for. Biological psychologists would explain that mental disorders are the consequences of biological systems due to the fact that, they regard abnormal behaviour in terms of abnormal biology. In fact the biological model is also known as the medical model because it categorises abnormality as a physical condition and it is the model that addresses mental disorder as an illness. Since it is see seen from the perspective of medicine, its concept for mental disorders, resemble that of physical illnesses, which means psychological disorders have under lying biological or biochemical causes. These are thought to arise from Infection by germs, inherited systemic defect, neurochemical factors and effects of trauma. The Psychodynamic model, was developed by Freud, though some of other psychologists changed some of its emphasis, most of the original assumption for this model is still actively used. Freud believed that humans are born with the id part of our personality and later on in life when people socialise into the moral standards of their culture then our super ego is developed. Freud explained that a well adjusted person develops a strong ego and therefore able to manage their personality. Although the biological approach is known to have fairly witnessed astonishing success in treating mental disorders with drug cures, it has also been criticised for having its main focus on the symptoms and therefore whenever drugs are stopped, the symptoms return which means the root of the problem is not being addressed. This approach tends to use classification systems such as DSM and ICD which have been doubted for their consistency and validity. Its scientific standing and links with medicine, the medical model is known to have gained popularity and credibility, but on the other hand danger of over diagnosis of mental illness and long dependency on drugs, which risks severe side effects, has also been addressed. The Psychodynamic model on the other hand has also been criticised for its validity, the fact that it carries out clinical interview and case studies for its experiments, it does not subject to scientific, empirical analysis. This means the central forces of the brain are unconscious, therefore making it difficult to directly be observed. Its theory is referred to as deterministic because it finds childhood attachments to parents, in the very early stages is crucial for personality development. Apart from the above criticism, the model is identified as the origin of modern day cures. . DESCRIBE AND EVALUATE THE MAIN APPROACHES TO THE TREATMENT OF MENTAL ILLNESS. The biological model treats mental disorders as physical illnesses. Somatic drugs such as minor and major tranquillizers or antidepressants are widely used. Chemotherapy is also regarded as effective and the main treatment of mental illnesses because of the assumption that chemical balance is the main cause of the problem. However, some psychologists have disagreed, and assume that the chemical imbalance to be the effect, rather than the cause of mental problems. For the Psychodynamic model, Freud developed a method of treatment called psychoanalysis, which is a type of therapy that seeks to uncover the underlying causes of abnormal behaviour. The belief was that unresolved emotional conflicts from early childhood could be withdrawn, so by talking to bring out and work through unconscious conflicts would bring it out to the conscious level and therefore be dealt with accordingly. It is also believed within the psychodynamic theory, that the unconscious can be revealed in dreams, so analysis of dreams is one of the techniques used in the treatment of mental disorders in psychodynamic theory. DESCRIBE AND EVALUATE PRACTICAL AND ETHICAL IMPLICATIONS OF THERAPIES AND TREATMENTS

Thursday, September 19, 2019

Humorous Wedding Speech by Brother of Groom -- Wedding Toasts Roasts S

Humorous Wedding Speech by Brother of Groom Good evening, ladies and gentlemen. On behalf of the bridesmaids, I must thank Donald for his kind words. I must also thank all of you for coming today - I know how hard it is to get a day release. As Donald’s lighter brother – sorry, I meant little brother, which is simply a reference to the fact that he is older than I am, and nothing else – I would also like to welcome Liz into the family. I think you’ll find the Endeans to be a warm and open family - but never play cards with any of us. Historically, June is the traditional month to marry, and these origins actually date back to medieval times when people only properly bathed once a year, typically during May when the weather improved. It’s true. June therefore became a popular marriage time, mainly because that's when people smelled their best. And if you know Donald at all, you’ll believe why June is a good month for him to marry as well. And if you don’t know him, just take it from someone who shared a bunk bed with him for 4 years. As Donald’s younger brother, it’s wonderful for me to be doing this job today. And, in being asked by Donald to be best man, I think it’s an admission from him that I am the best person and therefore the best son. So, in my role as best son, I’d like to inform my mother and father that it was not me who drove your car into the side of the house. It was not me who broke th... ...ternoon - that’s for Liz later on this evening. Donald, you are an extremely lucky man to have met Liz, and I’m slightly dumbfounded as to how you persuaded her to agree to marry you. But I’m delighted that you did. And Liz, it is a wonderful pleasure to welcome you to our family today. And whilst I continue on this uncharacteristically sincere note, I'd like to express my heartfelt congratulations to you both, and to thank you for choosing me as best man. You may well now regret it, but of course – it’s too late. Ladies and gentlemen, it gives me great pleasure to invite you all to stand and raise your glasses in a toast to my brother, Donald, and his new wife, Liz – to the new Mr and Mrs Endean.

Wednesday, September 18, 2019

The Sweet Hereafter written by Banks :: essays research papers fc

Of all the novels I've read, not that I've read a lot, but 'The Sweet Hereafter';, written by Banks, is by far the best. I especially enjoyed the first person narration used. The plot in this novel was dependent on three main events: the bus accident, Mitchell Stevens, Esq. (the lawyer), and the testimony of Nichole Burnell.   Ã‚  Ã‚  Ã‚  Ã‚  The bus accident is first mentioned by the bus driver, Dolores Dricsoll. She talks about he past for a while and then goes on to describe the accident, '…it was then that I saw the dog…. I am almost sure it was an optical illusion or a mirage…. I had made my choice, as I wrenched the steering wheel to the right….';(Banks, 33,34) It turns out that the choice she made killed  ½ of the children on the bus. Dolores was let go from her job and alienated by her town, Sam Dent.   Ã‚  Ã‚  Ã‚  Ã‚  In come the lawyers. After the accident everyone in town was mourning, and looking for some way to get over the pain. For a lot of these people, the answer was money; at least they thought it was. Mitchell Stevens Esq. was the lawyer most of the people in town chose to trust. He felt that he had a good negligence case against the state. The more he talked to his clients, the more they believed that he did. However, this was all put to rest when Nichole Burnell testified. Nicole was sitting the closest to Dolores at the time of the accident, and could see all the gauges, including the speedometer. Her testimony went a little like this, 'Yes I understand. Dolores was driving too fast, and it scared me…It seemed to me that we were going very fast down the hill there. I was scared…I know she was going seventy-two miles an hour. The speedometer is large and easy to see…'; With that testimony, Nichole put the law suits to rest. She didn't do it out of selfishness, but more out of the benefit for everyone in Sam Dent.

Parts Of Automobile :: Car Parts

Air Filter – a device that reduces the concentration of solid particles in an airstream to a level that can be tolerated in a process or space occupancy; a component of most systems in which air is used for industrial processes, ventilation, or comfort air conditioning. Automobile self starter – the bell housing is part of the transmission system on a gasoline (also known as petrol) or diesel powered vehicle. It is bolted to the engine block and contains the flywheel and the torque converter or clutch of the transmission. The starter motor is usually mounted here engaging with a ring gear on the flywheel. On the opposite end to the engine is usually bolted the gearbox. Bucket seat – a seat contoured to hold one person, distinct from bench seats which are flat platforms designed to seat multiple people. Bucket seats are standard in fast cars to keep riders in place when making sharp or quick turns. Bumper – a part of an automobile designed to allow one vehicle to impact with another and to withstand that collision without severe damage to the vehicle's frame. Brush guards, push bars, etc. were added "after-market" to bumpers of automobiles, pickups, trucks, and utility vehicles since at least the 1920s to provide additional protection to the vehicle. While bumpers were originally made of heavy steel, in later years they have been constructed of rubber, plastic, or painted light metal leaving them susceptible to damage from even minimal contact. For the most part, these vehicles cannot push, or be pushed by, another vehicle. An entire after-market industry has developed which now produces various guards to protect these vulnerable modern bumpers. Buzzer – or sometimes called beeper is a signaling device, usually electronic, typically used in automobiles, household appliances such as a microwave oven, or game shows. Car battery – a type of rechargeable battery that supplies electric energy to an automobile. Usually this refers to a SLI battery (Starting - Lighting - Ignition) to power the starter motor, the lights and the ignition system of a vehicle’s engine. This also may describe a traction battery used for the main power source of an electric vehicle. Car door – an opening to enter to the car (or their compartments or partition), often equipped with a hinged or sliding panel which can be moved to leave the opening accessible, or to close it more or less securely. Clutch – a machine element for the connection and disconnection of shafts in equipment drives.

Tuesday, September 17, 2019

Ethnographic Paper

On November Seventh, 2012 at 1:39 PM I went to Naan Stop to continue my observations from before. I went in and it was the same employee who has been working there all eight times I’ve gone in. As usual I was the only person there, the radio was playing a popular pop song by the band One Direction. The owner of the store was in the back and popped out to say hello to me and ask how I was doing. I got my usual, a small mocha Boba and I waited as the employee, a young Mexican probably in his 20’s made the Boba with the same frown he has on every time I come in.I stayed in Naan stop for twenty minutes and no one came in. On November Sixth 4:50 PM I went to Naan stop with my friend and we got Boba. We were the only ones in there at first but then two Indian men in their late twenties came in and greeted the owner. They spoke in what I assumed was hindi and then switched to english and then back to hindi. I gathered that both the Indian men were graduate students at UCSB at some point and had returned for the weekend to say hello to old friends. I found it odd that they didn’t order anything from Naan Stop, they chatted with the owner and took a picture with him and then left.The music playing during their encounter was again pop culture. If there wasn’t Indian food and a couple of small cultural Indian statues one would never know it was an Indian Restaurant. My friend waited ten minutes after the Indian men left for new people to come in but got frustrated and left. I stayed for 40 minutes and within my 40 minutes two undergrad students came in and got pick up Indian and left, four girls all wearing their Alpha Phi letters came in ordered Boba and left. A middle aged man and his wife came in, I recognized them from two weeks ago when I was doing observations.The wife, similar to last time, was wearing an extremely low cut shirt and her breasts were actually spilling out. The man was in a wife beater, they ordered Indian food and were th e first customers I’d seen in the last two days to actually eat the food at the restaurant. They were very loud and I’d assume that they were lower class or lower middle class. The woman went on and on about her â€Å"fancy† sister going to Mexico. She kept saying fancy with such disdain, the one Mexican employee perked up at the name of Mexico but then got uninterested and went back to staring at his phone as the lady went on and on how her sister had a better life.The man kept staring at me and I felt pretty uncomfortable, I believe he was aware that I was observing them. He whispered something to his wife and they both turned around and stared at me as I was pretending to text someone. They finished their dinner shortly after and as they threw out their trash the woman rolled her eyes at me. They resented being the objects of my observation and I’m pretty sure their anger stemmed from embarrassment. As soon as they left and were out of eye sight I pack ed up my things and left.

Monday, September 16, 2019

Mumbai attacks Essay

INTRODUCTION The day of 26th November, 2008 would have been as usual and pleasant as any other day for Mumbai but the terror attacks by the members of Lashkar-e-Taiba, considered as terrorist organisation by India, who wreaked havoc in the India’s largest city. There were ten gunmen, nine of whom were subsequently shot dead and one captured by security forces. Witnesses reported that they looked to be in their early twenties, wore black t-shirts and jeans, and that they smiled and looked happy as they shot their victims. It was initially reported that some of the attackers were British citizens, but the Indian Government later stated that there was no evidence to confirm this. Similarly, early reports of twelve gunmen were also later shown to be incorrect. On December 9, the ten attackers were identified by Mumbai police, along with their home towns in Pakistan: Ajmal Amir from Faridkot, Abu Ismail Dera Ismail Khan from Dera Ismail Khan, Hafiz Arshad and Babr Imran from Multan, Javed from Okara, Shoaib from Narowal, Nazih and Nasr fromFaisalabad, Abdul Rahman from Arifwalla, and Fahad Ullah from Dipalpur Taluka. Dera Ismail Khan is in the North-West Frontier Province; the rest of the towns are in Pakistani Punjab. Ajmal Kasab was the only attacker captured alive by police and is currently under arrest. Much of the information about the attackers’ preparation, travel, and movements comes from his confessions to the Mumbai police. Mohammed Ajmal Amir Kasab was born on July 13, 1987. He briefly joined his brother in Lahore, who worked as a labourer, and then returned to Faridkot. He left home after a fight with his father in 2005. He had asked for new clothes on Eid, but his father could not provide them, which made him angry. He then became involved in petty crime with his friend Muzaffar Lal Khan, soon moving on to armed robbery. On Dec 21, 2007, Bakr-Eid day, they were in Rawalpindi trying to buy weapons when they encountered members of Jama’at-ud-Da’wah, the political wing of Lashkar-e-Taiba, distributing pamphlets. After a brief chat, they decide to sign up for training with the Lashkar-e-Taiba, ending up at their base camp, Markaz Taiba. According to Deputy Commissioner of Mumbai Police he spoke rough Hindi and barely any  English. Some sources said his father asked him to join the militant group, Lashkar-e-Taiba so that he could use the money they gave him to run the family. When asked ab out this, Ajmal Amir’s father told reporters, â€Å"I don’t sell my sons.† Even David Coleman Headley is charged for scouting the locations for 2008 Mumbai terror attacks by Laskar-e-Taiba. He is alleged by FBI for conspiring to bomb targets in Mumbai, India; providing material support to Lashkar-i-Taiba, a militant Pakistani Islamist group; and aiding and abetting the murder of U.S. citizens. Training Ajmal Amir is alleged to be among a group of 24 men who received training in marine warfare at a remote camp in mountainous Muzaffarabad in Pakistan-administered Kashmir. Part of the training is reported to have taken place on the Mangla Dam reservoir. Zaki-ur-Rehman Lakhvi, a senior commander of the Lashkar-e-Taiba, reportedly offered to pay his family Rs.150,000 for his participation in the attacks. Another report said the 21-year old man was recruited from his Punjab, Pakistan home in part based on a pledge by recruiters to pay USD $1,250 US (Rs. 62,412.50) to his family when he became a martyr. Other sources put the reward to USD $4,000. Stages of training This batch of 25 went through the following stages of training: †¢ Psychological: Indoctrination to Islamist propaganda, including compiled footage of ‘Indian atrocities’ in Jammu & Kashmir, and imagery of the atrocities suffered by Muslims in India, Chechnya, Palestine and across the globe. †¢ Basic Combat: Lashkar’s basic combat and terror methodology course,  the Daura Aam. †¢ Advanced Training: Selected to undergo advanced specialised training at a camp near Mansehra, a course the organisation calls the Daura Khaas. This includes advanced weapons and explosives training supervised by retired personnel of the Pakistan Army, along with survival training and further indoctrination. †¢ Finally, an even smaller group selected for specialised marine commando and navigation training given to the fidayeen unit selected to target Mumbai. From the batch of about 25, 10 were handpicked for the Mumbai mission. They also received training in swimming and sailing, besides the use of high-end weapons and explosives under the supervision of LeT commanders. According to a media report citing an unnamed former Defence Department Official of the US, the intelligence agencies of the US had determined that the former officers from Pakistan’s Army and Inter-Services Intelligence agency assisted actively and continuously in training. They were given blueprints of all the four targets – Taj Mahal Palace & Tower, Oberoi Trident hotel and Nariman House. The type of training which he got completely washed his brain and it was enough to make him think only of destruction and only destruction. Feeling of hatred incited him against India to that level that he only wanted to kill Indians and to destroy India. Pakistanis give these terrorist institutions the name of militant organisations to hide these from the eyes of the world but these are recognised as terrorist groups in India, USA and UK. These institutions give militant training to those individuals who do not have sufficient money and gradually prepare them as a ‘militant terrorist’ in the name of ‘jihad’. ATTACKS Entry into India According to investigations the attackers traveled by sea from Karachi, Pakistan across the Arabian Sea, hijacked the Indian fishing trawler ‘Kuber’, killing the crew of four, and then forced the captain to sail to Mumbai. After killing the captain, the terrorists entered Mumbai on a rubber dinghy. The captain of ‘Kuber’, Amar Singh Solanki, had earlier been imprisoned for six months in a Pakistani jail for illegally fishing in Pakistani waters. The first events were detailed around 20:00 Indian Standard Time (IST) on 26 November, when 10 Urdu-speaking men in inflatable speedboats came ashore at two locations in Colaba. They reportedly told local Marathi-speaking fishermen who asked them who they were to â€Å"mind their own business† before they split up and headed two different ways. The fishermen’s subsequent report to police received little response. Involvement in Attack He was captured on CCTV during his attacks at Chhatrapati Shivaji Terminus along with another terrorist, Ismail Khan. Ajmal Amir reportedly told the police that they wanted to replicate theIslamabad Marriott hotel attack, and reduce the Taj Hotel to rubble, replicating the 9/11 attacks in India. Ajmal Amir and his accomplice Abu Dera Ismail Khan, age 25, attacked the Chhatrapati Shivaji Terminus (formerly Victoria Terminus) railway station. They then moved on to attack a police vehicle (a white Toyota Qualis) at Cama Hospital, in which senior Mumbai police officers (Maharashtra ATS Chief Hemant Karkare, Encounter Specialist Vijay Salaskar and Additional Commissioner of Mumbai Police Ashok Kamte) were traveling. After killing them in a gun battle and taking two constables’ hostage in the Qualis, Ajmal Amir and Ismail Khan drove towards Metro cinema. Ajmal Amir joked about the bullet proof vests worn by the police and killed one constable when his mobile phone rang. They fired some shots into a crowd gathered at Metro Cinema. They then drove towards Vidhan Bhavan where they fired a few more shots. Their vehicle had a tire puncture, so  they stole a silver Ã…  koda Laura and drove towards Girgaum Chowpatty. Earlier, the D B Marg police had got a message from police control at about 10pm, saying that two heavily armed men were at large after gunning down commuters at CST. 15 policemen from D B Marg were sent to Chowpatty where they set up a double barricade on Marine Drive armed with 2 self-loading rifles (SLRs), two revolvers and lathis (or batons). The Skoda reached Chowpatty and halted 40 to 50 feet from the barricade. It then reversed and tried to make a U-turn. A shootout ensued and Abu Ismail was killed. Ajmal lay motionless playing dead. Assistant sub-inspector Tukaram Omble, who was armed only with a lathi(gapp), was killed when the police charged the car. Umbale took five bullets, but held on to Ajmal’s weapon, enabling his colleagues to capture him alive. A mob gathered and attacked the two terrorists. This incident was captured on video. Some reports said that Ajmal Amir was shot and had bullet wounds in his hand or both hands. There are other reports by doctors who treated him that he had no bullet wounds. While it is reported that he told the police that he was trained to â€Å"kill to the last breath†, when he was arrested, he pleaded with the medical staff: â€Å"I do not want to die. Put me on saline†. Later, after interrogation in the hospital by the police, he said: â€Å"Now, I do not want to live†, requesting the interrogators to kill him for the safety of his family in Pakistan who could be killed or tortured for his surrender to Indian police. Fidayeen terrorists are strictly instructed by Lashkar commanders not to be captured and interrogated, use aliases instead of their real names and hide their nationality. He is also quoted as saying â€Å"I have done right, I have no regrets†. Reports also surfaced that the group planned to escape safely after the attack, ruling out this being a suicide mission. It is also reported that he expressed to Indian police his willingness to switch loyalties, saying: â€Å"If you give me regular meals and money I will do the same that I did for them†. Ajmal Amir has told interrogators that right through the fighting, the Lashkar headquarters from Karachi, Pakistan remained in touch with the group, calling their phones through a voice-over-internet service. Investigators have succeeded in reconstructing the group’s journey through the Garmin GPS set that has been seized from him. The mail sent from a bogus group calling itself the Deccan Mujahideen claiming responsibility has been traced to a Russian proxy which was then traced back to Lahore, Pakistan with the help of the FBI. It was in fact the Lashkar-e-Toiba operating under an alternate name after being banned by U.S. Methodology The attackers had planned the attack several months ahead of time and knew some areas well enough for the attackers to vanish, and reappear after security forces had left. Several sources have quoted Kasab telling the police that the group received help from Mumbai residents. The attackers used at least three SIM cards purchased on the Indian side of the border with Bangladesh, pointing to some local collusion. There were also reports of one SIM card purchased in New Jersey, USA. Police had also mentioned that Faheem Ansari, an Indian Lashkar operative who had been arrested in February 2008, had scouted the Mumbai targets for the November attacks. Later, the police arrested two Indian suspects, Mikhtar Ahmad, who is from Srinagar in Kashmir, and Tausif Rehman, a resident of Kolkata. They supplied the SIM cards, one in Calcutta, and the other in New Delhi. Type 86 Grenades made by China’s state-owned Norinco were used in the attacks. Blood tests on the attackers indicate that they had taken cocaine and LSD during the attacks, to sustain their energy and stay awake for 50 hours. Police say that they found syringes on the scenes of the attacks. There were also indications that they had been taking steroids. The gunman who survived said that the attackers had used Google Earth to familiarise themselves with the locations of buildings used in the attacks. DISPUTE ON NATIONALITY Dispute There was a dispute on the matter regarding the issue of nationality of Ajmal Kasab in the court. After the attacks, India asserted that Ajmal was a Pakistani national based on his confession and evidence gathered due to the information provided by him. Several reporters visited the village in Pakistan where Ajmal Amir said his family lived, and verified the facts provided by him. Former Pakistan Prime Minister, Nawaz Sharif confirmed that Ajmal Amir was from Faridkot village in Pakistan, and criticized President Zardari for cordoning off the village and not allowing his parents to meet anyone. Investigative journalist Saeed Shah travelled to Ajmal Amir’s village and produced national identity card numbers of his parents, Mohammed Amir and Noor Elahi soon after they themselves disappeared on the night of December 3, 2008. Also, the Mumbai Police said that much of the information that Ajmal Amir provided had proved to be accurate. He disclosed the location of a fishing trawler, MV Kuber, that the terrorists used to enter Mumbai’s coastal waters. He also told investigators where they would find the ship captain’s body, a satellite phone and a global-positioning device, which they did. Despite mounting evidence, Pakistani officials, including President Asif Ali Zardari, initially denied the assertion that Ajmal Amir was Pakistani. Pakistani government officials attempted to erase evidence that there was a Lashkar-e-Taiba office in Deepalpur, near Kasab’s village. The office was hurriedly closed in the week of December 7. Moreover, at Faridkot many residents and local plainclothes police appeared to be trying to hurriedly cover up Ajmal Amir’s connection with the village. The atmosphere turned hostile, and several reporters who went to Faridkot were roughed up. In early December, dealing a major blow to Pakistan’s claims, Ajmal Amir’s father admitted in an interview that the captured terrorist was his  son. In January 2009, a month after the attacks, Pakistan’s national security advisor Mahmud Ali Durrani admitted to Ajmal Amir being a Pakistani citizen while speaking to the CNN-IBN news channel. The Pakistan Government then hastily acknowledged that Ajmal was a Pakistani, but also announced that Prime Minister Yousaf Raza Gilani had fired Durrani for â€Å"failing to take Gilani and other stakeholders into confidence† before making this information public, and for â€Å"a lack of coordination on matters of national security.† This is a satire on the administrative system of Pakistan. Kasab’s confession on Nationality The statement made by the Pakistani minister was contradicted by their own official and even Kasab. Kasab even admitted before the court that he is a Pakistani and belong to Faridkot in Pakistan. Kasab accepted before the trial judge that he was a Pakistani national and told the court that he is fine with government-provided lawyer to defend him. Kasab appeared before special judge M L Tahiliyani via video link from the Arthur Road jail where he is presently lodged in a high security cell giving the media the first glimpse of the surviving terrorist who along with his nine accomplices were involved in the carnage. Tahiliyani asked Kasab to identify himself and asked him where he was from. Kasab replied that he was from Faridkot, in Pakistan’s Punjab province. LEGAL PROCEEDINGS Kasab’s confession Pakistani terrorist Mohammed Ajmal Amir Kasab, in his dramatic confession before a special court Monday, said that he was a decorator by profession but since his income was little, he was attracted to ‘jehad’ (holy war). Through some contacts, he came in touch with the terror group Lashkar-e-Taiba (LeT) and later underwent training under Zaki-ur-Rehman Lakhvi, Abu Hamza, Abu Kafa and Abu Jhundal, the masterminds of the Nov 26, 2008, Mumbai terror attacks, at a place called Battal in Pakistan. Recounting how he joined terrorism, Kasab said he worked with Haji Sultan as a small-time decorator in Jhelum in Punjab province. It was a month before the Bakr-Eid festival, that co-worker Muzaffar and he spoke of how they were not making enough money from the work. Muzaffar suggested that they could indulge in thefts or dacoity to make more money. While on a visit to Rawalpindi, Kasab had approached some LeT activists whom they located in the Raja market. â€Å"I told them that I wanted to become a ‘jehadi.’ One of them enquired about where we stayed and asked us to bring our belongings there. Another accompanied us with a piece of paper on which Markaz Taiba Murqui was written and gave us some money,† he said. There they met more boys and joined them. After 21 days, Kasab was sent to Mansera, and then to Mankheda Aksa. Later, all the boys were taken to a hilly place called Battal where they were trained to operate pistols, guns, AK-47s and other weapons for 21 days. Later, they were sent to Daura Khaas for three months. Kasab said three people trained them – Abu Ansa, Abu Basheer and Abu Abdul Rehman. From Battal, he travelled to â€Å"Azad Kashmir†, the Pakistan-administered Kashmir, where he met Sayeed. All the boys were taken to another camp and trained for three months by Abu Maviya, Abu Saiful Rehman, Abu Talaah and Abu Sariya. Here they learnt to operate rocket launchers, grenades and other deadly weapons. Later, Kasab said, he was given a week’s break to go home. Upon return, Sayeed, Abu Hamza and Abu Kafa selected some of the boys to go to Kashmir.  They also learnt swimming from Abu Imran and were for a month taken to Karachi, where they were trained to get acclimatised to the sea. They returned to Muzaffarabad in PoK, were given identity cards and clothes which they wore on the day of the Mumbai terror attacks. Kasab and Abu Ismail were the first to get out after landing at Colaba in south Mumbai that evening. They hailed a cab to go to Chhatrapati Shivaji Terminus (CST), as instructed by Hamza and left one bomb in the taxi and another at CST. After entering the CST, they opened fire as instructed by Hamza; Ismail lobbed grenades inside the station premises and opened fire from his AK-47. The duo continued firing and throwing grenades at regular intervals and continued moving ahead even as the security forces started confronting them and later surrounded them. Seeing little or no retaliation from the stunned police forces that night, the duo decided to take the CST subway, but Ismail beckoned him to go to Platform No. 1 where a train was waiting. They continued moving ahead in the direction of the bridge at the end of the station. They tried to force open some vehicles parked outside in a small lane. They saw a person coming from the opposite direction and Kasab killed him. Ismail started firing ahead and the duo jumped a short wall there and entered one of the wards of Cama Hospital. Ismail asked Kasab to wait at the hospital gate and he went inside, firing and later led him in. As they went inside, Kasab held a person as a shield after the police forces confronted them. They started firing and throwing grenades, outside the main gate they fired at a car and encountered firing from a jeep nearby. They hid behind a bush and later dragged out the limp bodies of three policemen and hijacked the jeep to go towards the Metro cinema junction. It was in Cama Hospital that Kasab and Ismail gunned down Anti-Terrorist Squad (ATS) chief Hemant Karkare and his associate Vijay Salaskar. They also killed another senior police official, Additional Commissioner of Police Ashok Kamte, before hijacking the police jeep. However, they kept moving in circles and by then, the jeep had developed a flat tyre. Kasab was also injured on his right elbow and left wrist and pleaded that he could not do anything more. Ismail urged him on and said that even he had sustained a bullet on his knee. Then they saw a Skoda car, they ordered the passengers – a couple, to stop, forcibly took the keys from them and took the vehicle, blindly following another car as they did not know where to proceed. At a point on the road (Girgaum Chowpatty), they saw a police barricade, and when they were ordered to stop, Ismail attempted to take a u-turn on the road, but failed. The police rushed towards them and dragged out Kasab and hammered him with a baton, snatched his gun and attacked him in the tummy with the butt. Kasab claimed that he did not fire at anyone at that juncture and had lost consciousness. When he revived, he found himself at Nair Hospital, under arrest by the Mumbai police. TRIAL Chargesheet Indian investigators filed a formal 11,000 page Chargesheet against Kasab on 25 February 2009. Due to the fact that the chargesheet was written in Marathi and English, Kasab had requested that an Urdu translation of the charge sheet be given to him. Kasab has been charged with murder, conspiracy and waging war against India along with other crimes. His trial was to have started on April 15 but was put off as his lawyer, Anjali Waghmare, had been dismissed for a conflict of interest. He has gotten a new lawyer named Abbas Kazmi. On 28 April, he wrote a letter through his lawyer to the magistrate  requesting a perfume bottle, a toothpaste, Urdu Times newspaper and permission to walk in the adjacent varandah alongside his barack. He also requested the court to deposit the amount (given to him by the terrorists) seized from him by police into his jail account. Time line of Proceedings On 26 Nov 2008, Ujjwal Nikam was appointed as Public Prosecutor. In Jan 2009, M L Tahiliyani was appointed as judge to conduct the trial. In Feb 2009, an 11,000-page charge sheet was served on Kasab. In Mar 2009, advocate Anjali Waghmare was appointed as Kasab’s lawyer. Kasab appeared through video-conferencing. In Apr 2009, Waghmare was removed as Kasab’s lawyer. Abbas Kazmi was appointed as defence lawyer in mid-April. Trial began on April 17, 2009. On 20 Apr 2009, the prosecution submitted a list of charges, including the murder of 166 people. On 6 May 2009 Kasab pleaded not guilty to 86 charges. In May 2009, an eye witness identified Kasab in court. Another said he saw Kasab and nine others arrive by boat. Two doctors who treated him, identified him. On 2 June 2009, Kasab told the judge he now also understood Marathi. In June 2009, the special court issued non-bailable warrants against 22 absconding accused including Jamaat-ud-Dawa (JuD) chief Hafeez Saeed and chief of operations of Lashkar-e-Toiba, Zaki-ur-Rehman Laqvi. On 20 July 2009 Kasab retracted his non-guilty plea and pleaded guilty to all  charges, but his trial will continue. Visiting US Secretary of State Hillary Clinton said in an interview with Thai publication The Nation during the ASEAN conference in Phuket in July 2009 that had Kasab been educated, he wouldn’t have been a terrorist. On 18 December 2009, Kasab says he is innocent, he was framed and tortured by Indian Police. In a surprising U-turn he claims to have come to Mumbai 20 days ago and was simply roaming at Juhu beach when police arrested him. Details of proceedings Ajmal Amir has written to the Pakistani High Commission in India requesting help and legal aid. In the letter, he confirmed the nationality of himself and the nine slain terrorists as Pakistani. He also asked the Pakistani High Commission to take custody of the body of fellow terrorist Ismail Khan, who was killed in an encounter in south Mumbai on the night of November 26. Pakistani officials confirmed the receipt of the letter and were reported to be studying its details. However, no further updates were given on the matter by Pakistan. Kasab’s trial was delayed due to legal issues, as many Indian lawyers were unwilling to represent him. A Mumbai Bar Association passed a resolution proclaiming that none of its members would represent Kasab. However, the Chief Justice of India stated that Kasab needed a lawyer for a fair trial. A lawyer for Kasab was eventually found, but was replaced due to a conflict of interest. On February 25, 2009, Indian investigators filed an 11,000-page Chargesheet, formally charging Kasab with murder, conspiracy, and waging war against India among other charges. Kasab’s trial began on 6 May 2009. He initially pleaded not guilty, but later admitted his guilt on 20 July 2009. He initially apologized for the attacks and claimed that he deserved the death penalty for his crimes, but later retracted these claims, saying that he had been tortured by police to force his confession, and that he had been arrested while roaming the beach. The court had accepted his plea, but due to the lack of completeness within his admittance, the judge  had deemed that many of the 86 charges were not addressed and therefore the trial will continue. Kasab could, and will almost certainly, be hanged if given the maximum penalty of death. Indian and Pakistani police have exchanged DNA evidence, photographs and items found with the attackers to piece together a detailed portrait of the Mumbai plot. Police in Pakistan have arrested seven people, including Hammad Amin Sadiq, a homeopathic pharmacist, who arranged bank accounts and secured supplies, and he and six others begin their formal trial on 3 Oct 2009 in Pakistan, though Indian authorities say the prosecution stops well short of top Lashkar leaders. In November 2009, Indian Prime Minister Manmohan Singh said that Pakistan has not done enough to bring the perpetrators of the attacks to justice. On the eve of the first anniversary of 26/11, a Pakistani anti-terror court has formally charged seven accused, including LeT operations commander Zaki ur Rehman Lakhvi. Ujjawal Nikam, public prosecutor in the matter of Kasab, said there was ample evidence to show Kasab and the two arrested accused, Faheem Ansari and Sabauddin Ahmed, were part of the conspiracy hatched in Pakistan to strike terror in the financial capital. He said foreign experts would be examined but their names and addresses should be kept secret. Nikam also said that further investigations in this case were on and supplementary chargesheet would be filed later. Special Public Prosecutor Ujjwal Nikam told the court that Kasab, the prime accused in the case, would be charged with murder of 166 persons in the attack unleashed by Pakistan-based terror outfit LeT on November 26, 2008 here. Although he was not directly involved in killing all 166 persons, Kasab was an active member of conspiracy hatched in Pakistan to commit terror attacks in India, Nikam said in his brief preliminary address to open the case. Kazmi who had earlier defend to 30 accused in the 1993 Mumbai serial bomb blast trial, told the court he was willing to defend Kasab. Nikam said 1,820 witnesses had been cited but only potential among them will be examined. Prosecution would place 750 articles and 1350 documents as  evidence. Nikam told the court that Kasab was directly involved in seven different cases of terror attacks. These pertain to murder of five crew of ‘Kuber’ boat, including its navigator Amar Singh Solanki, bomb blast in a taxi at suburban Vile Parle, firing at Chhatrapati Shivaji Terminus, Cama Hospital firing attack, killing of three police officers near Cama Hospital and theft of Skoda car and attack on police team near Chowpatty, he said. In all these cases, Kasab was involved with co-conspirator Ismail Khan, who was killed in police encounter near Chowpatty, Nikam alleged. He said there are five other cases in which Kasab has been charged with murder conspiracy, although he had not directly participated in them. These are firing in Hotel Taj Mahal, Hotel Oberoi, Restaurant Leopold Cafe, Nariman House and bomb explosion in a taxi at Mazgaon. The court took on record advocate Ejaz Naqvi as defence counsel for Faheem Ansari and Ahmed. Since Naqvi did not appear in morning session and Faheem sought time to appoint another lawyer, the court asked Faheem’s wife to call Naqvi to the court. Later, he came and told the court that he would continue to defend Faheem. Demanded trial by International Court The alleged gunman in the 2008 bloody siege of Mumbai said he should be tried by an international court because he does not expect justice in India. Mohammed Ajmal Kasab, 21, told a special court that police had falsely implicated him in the case. â€Å"I should be tried in an international court,† he told Judge M.L. Tahiliyani. Earlier Kasab retracted his confession that he sprayed gunfire into a crowd at the railroad station. He also said police tortured him into admitting having a role in the attacks. Kasab also said thathe wanted to call witnesses from Pakistan for his defense, and that he should be allowed to meet Pakistani officials. Witnesses would include a passport officer, he said, without providing other details. The judge asked him to file a petition through his attorney. Kasab could face the death penalty if convicted. Murder and conspiracy to wage war against India are among the charges he faces. Kasab told the judge he came to Mumbai as a tourist and was arrested 20 days before the siege began. On the day the attacks started, Kasab said police took him from his cell because he resembled one of the gunmen. They then shot him to make it look as if he had been involved in the attacks and re-arrested him, Kasab said. ANALYSIS It is mockery of the Indian Judicial System that even the charge is proved on the convict but the trail is going on. In the month of July last year the convict pleaded guilty of all the charges, but the Judge said that the other 86 cases have not been addressed therefore the trial should continue and in the month of September he again told the court that he was forced to plead for guilty by the Indian police. Has anyone think over it that if the verdict would have been given as soon as he pleaded guilty what would happen? Such kinds of questions were raised, and will raise on Indian Judicial System if it will continue to follow such kind of path. The Court should has given its verdict on the basis of the evidences produced by the public, eye witnesses and moreover the acceptance of the charge by the convict. The other matters could have been addressed later on. Even there was news that Kasab giggle over the question asked by the judge and made fun of it. This is a satire on the discipline of the courts. The judge has to order him to  behave in the court. This clearly shows that giving a chance of fair trial to convict made him to perceive as nothing is going to happen to him for the next ten years. People have such kind of mentality towards the Judicial System. If a suit has been filed in a court then the guilty has nothing to do with it for many years. Our Judicial System needs changes. This system has to be discarded and a new system should be introduced. Indian Police is not required to file a charge sheet of 11,000 pages and judges are needed not to give judgements running through thousand of pages. A simple and logical statement is sufficient for the parties involved in it and for the general public as well. In my view this trial of Ajmal Kasab should be finished because there is nothing more to think over it. Otherwise it will lead to expenditure of more and more money of the government on such a heinous criminal, which is of no worth.

Sunday, September 15, 2019

Practice management and law

Section 1Clearly explain what peculiar demands must be in topographic point for a Contract to be between two parties?For a contract to be between two parties there must be grounds of three cardinal rules.An purpose between all involved parties to organize a lawfully adhering relationship.A consideration ( normally pecuniary ) for the understanding.The offer and credence of the declared understanding.The purpose of a lawfully adhering relationship from each party must be formal ; a moral duty entirely is deficient. As such, articles such ‘The Memorandum of Agreement ‘ lineation the demands of parties when meaning to come in a contract. For a contract to be the promise must be enforceable with a consideration. It is the party who provides this deal who enforces the contract. Once a consideration is provided, all parties are drawn into privity of contract. The consideration is decided by the parties involved and the degree of adequateness is irrelevant, it must be offered and accepted for the understanding to maturate into a contract. As such, an offer without an credence is simply a pre-contractual understanding, non adhering in jurisprudence. In any instance, for a contract to be all footings of the offer must be accepted and a consideration provided. However, there is no demand for a written papers for most types of contract. An unwritten contract is lawfully adhering supplying at that place has been credence of an offer. From a legal stand-point, trouble can be avoided if documental grounds is provided of an understanding. The ‘four corners ‘ regulation allows a contract to be recorded and later is easier to implement in jurisprudence.Explain what is meant by the term ‘Duty of Care ‘ and what are the deductions upon the designer?A responsibility of attention is a legal duty in civil wrong jurisprudence imposed on the Architect necessitating they exercise a criterion of sensible attention and diligence whilst transporting out professional work that could foreseeably harm others. Any failure in an Architect ‘s responsibility of attention can ensue in an action in carelessness where they become apt in civil wrong jurisprudence. Furthermore, a responsibility of attention is besides applicable in bureau outside of any contractual agreement. It is non required that a responsibility of attention be defined by jurisprudence, nevertheless, it frequently develops through the law of common jurisprudence. In this regard, a responsibility of attention can be interpreted as a formalization of the societal contract and inexplicit duties of the single towards others in society. It is an ARB demand that Architects adhere to the established criterions of the profession and ‘exercise due accomplishment, attention and diligence, ‘whilst transporting out professional work within agreed time-frames and without unneeded hold. For a responsibility of attention to be breached, the undermentioned must be true:Injury must be ‘reasonably foreseeable ‘ of the suspect ‘s behavior.A relationship of ‘proximity ‘ between the suspect and the claimant.It must be ‘fair, merely and reasonable'to impose liability.Explain the term ‘Joint and Several Liability ‘ and how does it impact upon peculiar signifiers of architectural Practice?Under Joint and Several Liability, a client may prosecute an duty against any individual party as if they were jointly apt. The duty so passes to the suspects who must set up their several per centums of liability and pecuniary payment. Therefore, if a claimant pursues a individual suspect and receives all the amendss, that suspect must so prosecute the other calumniatory parties to obtain parts proportionate to their portion of liability. Joint and Several liability is most relevant in civil wrong claims and most frequently invoked in instances of carelessness. Architects seek to set up a clear and decently defined understanding with specific mention to the apprehension and outlooks of the client. These understandings provide an assured footing on which the committee can be undertaken. Furthermore, the chosen signifier of assignment will find the bound of the Architect ‘s liability and answerability. Architects besides seek to restrict their hazard and liability through their chosen signifier of architectural pattern. For Example, Limited Liability Partnerships and Companies can non be jointly or several apt with its members liability determined by their stakehold in the partnership or shareholding in the company.Explain what is meant by the term ‘Lean Construction ‘ .Thin building is a method of planing production systems to minimise the clip, attempt and material waste of a undertaking to bring forth the maximal sum of value. The procedure itself is derived from the ‘lean production system ‘ within the fabrication industry. It is cardinal that the production system is designed through a coaction of undertaking participants ( Client, Architect, Engineer, Contractor, Building Owner ) at the earliest phases of the undertaking. It is based on the premiss ‘that desired terminals affect the agencies to accomplish these terminals, and that available agenc ies will impact realized terminals. † The rules of Thin Construction are as follows:Allow value to flux by consistently taking obstructions to value creative activity and dispensable procedures that create no value.Optimization of the system through coaction and systematic acquisition.Precedence on presenting the Client/End-user/Building Owner ‘s expected value.Making Pull Production.The chase of perfection/continual betterment, affecting everyone in the system.Thin building addendums traditional building direction by sing stuff and information flow, concentrating on the sweetening of the production system ‘s value coevals. Therefore, a undertaking utilizing the Thin Construction method should:Deliver maximal functionality.Profit end-users with the lowest optimal cost of ownership.Extinguish the inefficiency and waste in the usage of labor and stuffs.Involve specializer providers in design from the beginning to accomplish integrating and buildability.Establish public presentation and betterment accomplishment s by measuring.Use a individual point of contact for effectual co-ordination and clear duty.Explain and specify what is meant by a Letter of Intent. What are the fortunes under which it may be issued, what may be its aims and what are the chief affairs that it should incorporate?A Letter of Intent is a papers that outlines an understanding between two or more parties before the understanding is finalised. They resemble written contracts but are non lawfully adhering for the parties involved. However, letters of purpose can incorporate commissariats that are legal binding such as a compact to negociate in good religion, non-disclosure understandings and stand-still commissariats that promise sole dialogue rights. It can besides be interpreted as binding if it resembles a formal contract excessively closely. Therefore, the missive of purpose is enforceable by the tribunals both in footings of the wage and the act. However, the missive of purpose is non a contract ; alternatively it is a one-sided understanding in which one party confirms an purpose to come in a contract with another party. Most significantly, it must incorporate an direction to move and verification of a consideration as payment. Letterss of purpose are normally issued to:Clarify the nature of complex minutess for the convenience of the parties involved.Provide precautions in instance of collapsed dialogues.Officially declare involvement or purpose.Allow work to go on rapidly based on trust.Architects chiefly use letters of purpose for the intent of dialogue. For illustration, following the first phase of stamp, a missive of purpose possibly issued to inform a contractor of their blessing based on their proposal. The contractor can so lend to the design before the 2nd phase of tendering by supplying elaborate pricings and an overall edifice cost. Once the 2nd phase of tendering is complete, a formal contract can be established between the parties.What are the chief factors that determine the pick of a peculiar contract signifier?To find the most appropriate contract signifier, the Architect and client must first see the precedences of the undertaking in footings of clip, cost and quality. These three factors are linked through a trade-off paradigm:Time consequences in increased cost and reduced quality.Cost consequences in increased clip and reduced quality.Quality consequences in increased cost and increased clip.They are all related and inter-dependant.If clip is the precedence, so the procurance method must let sufficient clip to see all of the design issues decently at the pre-contract phase. The client is afforded predictability and extra clip can be saved by leting the contractor to resource their ain stuffs, effectual direction, real-time planning and overlapping elaborate design stages with existent building. If cost is the precedence, so a fiscal bound must be established that a contract amount can non transcend. Certainty of cost is dependent upon comprehensive design, drawings and specification that accurately assesses cost at the stamp phase. If quality is the precedence, the issue and grade of quality in the finished edifice must be clearly defined and established from the beginning through a specification. Besides, the step of quality must besides be defined. The pick of contract type is besides straight related to the chosen type of procurance. Each type of procurance type uses standard contract signifiers that are known and accepted by the industry. Most designers choose to utilize these standard signifiers as they are comprehensive, address common building state of affairss and take history of current legal determinations. Factors such as the complexness, size and overall value of the undertaking may besides inform the procurement path or contract type. In all state of affairss the Architect as the lead adviser has the responsibility to rede the client of the long-run deductions of their determinations.Section 2The Design and Build procedure of procurance has been endorsed by the Public Sector as the preferable procurance option, on the footing that it is claimed that it offers certainty of contract amount and brings certain cost benefits. Consider and discourse the virtues or otherwise of this attack in comparing with the Traditional method of procurance with peculiar mention to the function of the designer. ( 70 Markss ) . Design and Build is a procurement method for undertaking bringing whereby an single contractor is contractually responsible for both the design and building of a undertaking. In recent old ages, the public-sector has moved towards Design and Build as the chosen procurement way as opposed to the traditional, tripartite agreement where design and building are individually contracted. The public-sector ‘s involvement in Design and Build can be attributed to several possible benefits that are non ever gettable through alternate procurance methods. The undermentioned points outline the advantages. The Design and Build procurement path provides a individual beginning of duty as the contractor is singularly responsible for any defect in both the building and design of the undertaking. This is of peculiar benefit to the edifice proprietor or client, who does non hold to specify whether such defects are brought about by a lack in design or building. Alternatively, the contractor is jointly and severly apt for the complete plants. In a traditional contract, it is the client who must foremost find the nature and cause of a job, before make up one's minding whether it is the interior decorator or contractor who is at mistake. Design and Build is besides a popular path for the public-sector client as the contractor is obliged to bear any extra cost that consequences from unequal or faulty programs provided by the design squad. In a traditional contract, the client warrants the sufficiency of the programs and as such is apt for any increased cost because of unequal design. In the Design and Build contract, it is the contractor who is responsible for the undertaking ‘s design every bit good as the building. They are hired to run into the client ‘s specific public presentation specifications instead than simply build the edifice as in the traditional contract procurance. Hence, if the programs are inadequately drafted or designed, the contractor is unable to seek compensation from the client. It is widely recognised that Design and Build contracts enable a undertaking to be completed within a shorter time-period than the traditional tripartite agreement. The interface between the interior decorator and contractor, frequently adversarial in the traditional method, can go more unfastened and therefore foster a more co-operative agreement and exchange of thoughts that can do the undertaking a faster procedure. Time nest eggs are besides made by ‘fast-tracking ‘ building of known elements before the specifications and drawings of unknown elements are complete. The phased-nature of the design basically allows work to get down on site whilst the ulterior stages of the undertaking are still being designed. The same time-savings are unable to be made within a traditional contract as the contractor does non normally even subject a stamp, allow alone get down work on-site, before the design and drawings of the Architect are finalised. The duty for run intoing local cont rols such as planning, bylaws and statute law is placed with the contractor, which normally consequences in increased efficiency. The phased nature of the Design and Build method besides allows the contractor to hold increased control of the undertaking and can ensue in lower costs for the client. The specific control of elaborate design enables the contractor to utilize familiar building methods and stuffs which increase the efficiency of the build procedure. By reeling the building procedure, the contractor is able to order stuffs for approaching stages, in front of clip and at a lower cost. The nest eggs made on labor, stuffs and clip are all passed on to the benefit of the client. It is considered that the Design and Build method reduces the demand for independent professional representation. Public sector clients frequently prefer to restrict the figure of ‘points of contact ‘ to curtail the sum of clip, attempt and in-house staff it requires to set about a undertaking. Often it will utilize Design and Build in concurrence with denationalization, whereby it contracts an independent party to set about duties antecedently held by the Government, such as land acquisition, undertaking finance, design, building, operation and ownership. This method, in its most complete signifier is represented by the prison guard and bundle trade options, whereby the client is uninvolved for the bulk of the undertaking and presented with the completed edifice. However, it is desirable to hold an independent 3rd party ( normally an Architect ) for the intent of quality control. Without a 3rd party, the contractor, who is hired to finish the undertaking quickly and economically, besides has the undertaking of measuring the quality and measure of its ain work. Hence, the contractor has a possible struggle of involvement and is likely to cut down quality in order to fulfill the client ‘s other demands. With the presence of a third-party, the client/owner ‘s involvements are represented during the design and building. Clients choose Design and Build contracts as normally a fixed monetary value and contract amount can be negotiated. The client specifies the maximal monetary value it is willing to pay for the undertaking before it solicits a proposal from the Design and Build contractor for its specifications, constellation and stuffs. However, trouble can originate when there is an addition in the cost of work and building. The contractor can sometimes mistreat the state of affairs by reimbursing costs in other countries of the undertaking and without a 3rd party, the client finds it far more hard to observe and command such state of affairss than in a traditional contact signifier. Therefore, most Design and Build contracts are lump-sum and fixed monetary value, but payments are completed on a cost-plus footing to ease possible additions in cost. Besides, payments tend to be dependant on the accomplishment of undertaking mileposts. This allows the contractor ‘s advancement to be measured and assessed by the client, leting easier dialogue in footings of compensation where costs have significantly increased under a fixed-price contract. However, the Design and Build path is non without possible jobs. Many designers, clients, edifice proprietors and contractors have changing sentiments about the successes of this procurance type. The undermentioned points are amongst the possible disadvantages to utilizing Design and Build in the public-sector. If a public-sector client chooses the Design and Build procurement way it is hard to actively compare preliminary proposals from multiple contractors. The contractor is merely responsible for fulfilling the client ‘s public presentation specification ; therefore the designs may be wide-ranging in aesthetic and prioritise different issues depending on the contractor ‘s single stand-point. As in the prison guard attack, the client or eventual edifice proprietor has small input into the design and concluding visual aspect of the edifice and as such, may be unsatisfied with the consequence. Besides, as the contract is entered into by dialogue instead than competitory tendering, the client may non ever achieve the lowest cost for the edifice. Therefore, unlike the traditional path, if a client wants to pull multiple preliminary proposals, they must supply an single consideration for each contractor that submits a design bundle. This is a cost frequently overlooked in debating the value of Traditional vs. Design and Build procurance, as these fees are separated from the contract amount in the instance of Design and Build. Another job with tendering a Design and Build contract is the possible for the edifice to go a competition in under-design. Contractors will seek to run into the client ‘s lineation demands whilst giving quality, life-span, easiness of care, and value in a command to offer the minimal monetary value. In puting duty for both the design and building in the contractor ‘s custodies, the client forfeits control. Therefore the client has small input in measuring sub-standard work, claiming for fluctuations, debating extensions of clip or even utilizing a expiration clause due to inordinate hold. To battle against this, it is once more advisable to utilize a third-party design professional who can look into the value and pragmatism of the tendered command. However, the pecuniary and clip nest eggs built-in to Design and Build contracts so become nominal as the time-period and expertness needed by the third-party to look into the work of the contractor is both expensive and time-consuming. Such a 3rd party can be appointed independently by the client, or be appointed through adviser switch or novation if they are the original designer/design squad. Besides, contractors seek to reimburse the spending of unsuccessful stamps with their successful stamp ‘s ; hence, the client will ever pay a little premium for the work of their chosen contractor. Another disadvantage to the Design and Build agreement is the trouble of obtaining long-run contractual protection in footings of the suitableness of the work. Many contractors use contracts where such insurance is prohibitively expensive and resultantly, commercially unviable for the client. Therefore, it is the client ‘s duty to be cognizant of the extent of coverage of the contractor ‘s liability insurance. In the event of a defect in the design or building of the undertaking, the client may be unable to recover anything if the contractor ‘s insurance coverage or assets are deficient to pay compensation, irrespective of whether liability can be determined. Public sector clients frequently choose the Design and Build procurement path as the available fiscal resources of a contractor are usually greater than that of the professional person or architectural pattern, in the event of a post-completion failure. A possible job with liability can originate when the Design and Build contractor hires an Architect as a sub-consultant. Most contractors ‘ professional insurance insurance does non cover amendss caused by faulty design or specifications prepared by the Architect. Conversely, the Architect ‘s professional insurance insurance does non cover amendss caused by faulty labor, stuffs or operations during the contractor ‘s building procedure. Therefore, the contractor offers a guarantee for an agreed ( but normally limited ) time-period based on the impression of carelessness. However, the commercial and fiscal force per unit areas of the Design and Build contract compel the contractor to basically under-design the edifice every bit far as possible devising failures within the edifice an increased likeliness. As a consequence, there is frequently a demand for judicial proceeding to specify whether the economic system of the undertaking surpasses the expected degree of professional duty at the clip of design and building. Therefore in order to protect their edifice, the client should seek to obtain a guarantee that guarantees the completed edifice is suited for its intended intent, irrespective of defects incurred by the contractor. In the populace sector, Design and Build contracts are normally awarded on subjective standards such as value, experience and making. The public sector in peculiar has developed contractor rating and choice policies that try to extenuate against the hazard of such subjective judgements. In many instances this is achieved by presenting contracts based on a point-scoring system with the highest scorer being appointed. However, this discretionary points system implemented by public directors offers small objectiveness in finding the equal point allotment for single elements of the proposed strategy. For case, there is barely any manner to make up one's mind whether one contractor ‘s foundation system warrants 20 points or a different contractor ‘s warrants 22, it is wholly subjective. Besides the standards used for taging by and large do non associate to the specific edifice type, hence analyzing a contractor ‘s makings and experience nowadayss a step of competency but does non vouch a successful undertaking result. There is besides trouble in moderately comparing alternate design proposals in an attempt to find which represents the best value. For illustration, some contractors may offer higher quality plumbing whilst others offer better electrical systems. Therefore it is impossible to pull sensible decisions from dissimilar commands in footings of which proposal offers best value. Often, value can merely be determined after the edifice has been completed. In decision, public proprietors look for procurance systems that meet the demands of the public whilst extenuating against legal jobs and cut downing administrative load. The public-sector has favoured the Design and Build attack as the client can vouch a entire fixed undertaking cost early in the procedure and the edifice can be constructed in a shorter time-period with more efficiency than other procurement systems. The contract type besides allows an geographic expedition of new solutions through an unfastened duologue between designer and contractor, in which the populace benefit from the invention and lower costs. As a consequence, the public-sector ‘s engagement with Design and Build has increased over recent old ages. Basically, the public requires its building undertakings to be lasting, environmental, functional and most significantly, tantrum for intent. At the same clip, it expects the authorities funded undertakings to stand for good value and be economic in nature. Therefore, the populace itself has small engagement or involvement in which procurance system is utilized, nevertheless, they expect each undertaking to carry through its declared demands within its allocated budget. It is the position of the public-sector, that Design and Build is the system best equipped to run into the populace ‘s outlooks and supply the most crystalline value for undertakings that are finally funded by the tax-payer.BibliographyLupton S. ‘Architects ‘ Job Book. ‘ ( RIBA Enterprises 7th erectile dysfunction. )Chappell D & A ; Wills A. ‘The Architect in Practice. ‘ ( Blackwell Publishing 10th erectile dysfunction. )ARB. ‘Architects Code: Standards of Conduct and Practice . ‘ ( November 2002 )hypertext transfer protocol: //en.wikipedia.org/wiki/Design_and_Buildhypertext transfer protocol: //www.lao.ca.gov/2005/design_build/design_build_020305.htm