Eating Behaviour In Schools Education Essay

Unhealthy eating behaviour can do obesity disease. This disease can happen both in kids and grownup. Fleshiness in kids or childhood fleshiness is an energy instability between Calories consumed and Calories expended. Unhealthy life style during childhood can be causes disablement in maturity and diabetes. The prevalence of fleshy kids around the universe has increased dramatically in recent old ages. In 2010 the figure of fleshy kids under the age of five, is estimated to be over 42 million. Close to 35 million of these are populating in developing states ( WHO, 2011 ) . WHO recognizes that the increasing prevalence of childhood fleshiness consequences from alterations in society. Childhood fleshiness is chiefly associated with unhealthy eating and low degrees of physical activity. Children and game is ever something together. Educational games â€Å" are games designed with specific course of study aims in head † ( Royle, 2008 ) frequently games that have been used in instruction have been developed to back up the pattern of factual information. Educational game might be the most suited game for the pre-school kids which bring cognition to the kids. Computer-based instruction games are the combination of instruction and amusement and copy the real-life environment. Game based acquisition ( GBL ) is remains one of the most effectual instruction schemes to advance acquisition. Among all application package, computing machine games are holding a shorter larning curve. If used efficaciously in a coherent and relevant manner, GBL can back up both the option of more pick for how the scholar can larn every bit good as offering the potency for personalising the acquisition experience ( Sugimoto, 2007 ) .PROBLEM STATEMENTOverweight and fleshiness is an emerging job among kids worldwide. In Thailand, the prevalence of fleshiness in 5-to-12 twelvemonth olds kids rose from12.2 % to 15.6 % in merely two old ages ( Rerkuppaphol, 2010 ) . To forestall childhood fleshiness is non really hard. The kids must devour healthy nutrient, particularly the pre-school kids in the age 3-7 old ages old they may non cognize what they should eat or should non because of their unequal ability has limited and deficiency of experience ( Zhang, 2009 ) .RESEARCH QUESTIONThis survey aims to reply the undermentioned inquiries: Do kids larn about healthy nutrient and nutrition? Is kids has ability to retrieve the healthy nutrient after playing game-based acquisition courseware?RESEARCH OBJECTIVEThe chief aim is to develop an synergistic game based larning courseware about healthy feeding. To accomplish this aim, the following sub-objectives have been identified: To supply cognition about nutrient foods to kids. To measure learning ability of kids after playing healthy eating game-based courseware.ScopeThis GBL merchandise is developing for pre-school kids in kindergarten, Thailand. The name of courseware is Happy Healthy Meal. It is about learning kids what healthy nutrients are. Before kids start the game, they will larn nutrition of each nutrient. Each nutrient will stand for nutrition to assist pupil easier to understand. There are 2 chief bill of fare for this courseware. First bill of fare is the presenting nutrient that will be used in the game. It will learn kids larn about healthy nutrient and nutrition. It will demo the image and nutrition of each nutrient in text. After finish all the nutrient debut, it will endorse to the chief bill of fare. Second is the game bill of fare where the kids will get down to play game here. It will supply direction how to play before kids start to play. This merchandise usage nutrient as a chief object. In this game, healthy nutrient and unhealthy nutrient will drop from the top. The kids need to snap on healthy nutrient merely before it gone. There is a male child as chief character. If the kids click on unhealthy nutrient, the character will be acquiring fat till game is over. But if the kids on the healthy nutrient, the character will be healthier like ruddy cheek, smiling, leaping. The position of character can promote kids larning actively. ( Zhang, 2009 ) This merchandise is deliverable in Cadmium and will be presenting in Thai linguistic communication.LITERATURE REVIEW6.1 Game-based acquisitionIn this literature will demo how GBL can pull kids. Rieber ( 2005 ) indicates â€Å" larning is believed to be achieved through active battle in which the instructor provides support, resources and encouragement † . Normally, pupils show their battle in playing complex computing machine games much more than they show in their school work. Prensky ( 2005 ) said that in order to do acquisition occur, pedagogues must first motivate and prosecute pupil in their acquisition activities. For battle to happen, pedagogue must make an environment that encourages student-teacher contact, cooperation among pupils and active participants between. Sing the difference in battle, the factor between media and GBL environments is the integrating of the game features. Hence, the intent of this GBL is besides to look into if a game is a better attack for actuating the involvement acquisition than other multimedia map entirely. Computer games provide a good environment for larning. The theories of larning are behavioural larning theory, cognitive acquisition theory and motive theory ( Sugimoto, 2007 ) .6.2 Educational game designCordova et Al. ( 1996 ) have shown that enhanced larning which is merriment can be more effectual. Using some simple educational undertakings, they demonstrated that larning embedded in a motivation puting improved learning results and that battle can ease acquisition. Learning occurs when the scholar is mentally involved and actively interacts within the game, where a balance of challenge and possible classs of action is provided. Harmonizing to Alessi & A ; Trollip ( 1991 ) educational game can be divided into three chief parts such as the debut, the organic structure of the game and the decision. Figure 6.1 show these parts. games.tiff Figure 6.1: The general construction and flow of the gamesGame in Health attentionGame for wellness attention is the games that move beyond the educational stage to the longer-term support of kids with chronic status. Games can utilize to actuate the kids by â€Å" reenforcing healthy picks, reminding of intervention particulars, deflecting their attending, and keeping more complete wellness position and intervention record † ( Watters et al. , 2006 ) . Pollak et Al. ( 2010 ) had developed a game â€Å" Time To Eat † a nomadic phone based intended to better adolescent eating behaviour. They designed the game like virtual-pet attention. The game focuses on pet attention as portion of a kid ‘s day-to-day modus operandi, which fits good with behavior alteration theoretical accounts in which repeated support. Watter et al. , ( 2006 ) has developed the long term intervention game. The participant will hold ain pet that kept in the back pack. If the participant neglects to take attention of the pet at appropriate times during the twenty-four hours the pet begins to look ailment. The nutrient pick is presented during the drama of this game to feed the favored become wellness.MethodologyMethodology describes the stages involved in developing the games based acquisition. There are more than 100 different ISD theoretical accounts, but about all are based on the generic â€Å" ADDIE † theoretical account, which stands for Analysis, Design, Development, Implementation, and Evaluation, as illustrated in the Figure below. Each measure has an result that feeds the subsequent measure. Figure7.1 shows the ADDIE procedure. addieModel Figure 7.1: ADDIE Model7.1 AnalysisThe Analysis stage is the most of import stage in the ADDIE theoretical account. It identifies countries pre-school kids necessitating to larn about this merchandise, restraints exists, when this undertaking will be completed and what will pre-school kids make to find their competence. Developer will analyze the ends and aim of the presentation and the nature of participants to seek to find the rightness of the instructional design.7.2 DesignThe Design stage is concerned with capable affair analysis, game planning and media choice. It besides involves planing elaborate storyboards to ease the media development and content integrating. The user interface is an of import constituent and is the chief nexus between the pre-school kids and the acquisition courseware. In this stage, all the consequences from the analysis stage to make a design for direction.DevelopmentIn this stage, all sound, image, and nutrition content are collected, prepared, created and ready to be tested. Adobe Flash CS3 will utilize to make life and do the game expression synergistic. Sound Forge will utilize as audio tools. The content development squad develops instructional media based on the results of the design stage.ExecutionThe execution stage consists the testing of the undertaking with the pre-school kids. The kids will utilize Graphical User Interface ( GUI ) to take portion in developing direction. As we know, new merchandise normally represents a going from the manner concern is presently done.EvaluationEvaluation stage the kids and the instructional system are investigate to make up one's mind whether alterations are necessary or non. This stage include kids and instructor provide feedback on the effectivity of the games.Undertaking SIGNIFICANTUsing GBL can give large impact because these games differ from another game in the market. Furthermore, this is a manner to make something that is impressive plenty for people to stand up and take notice of GBL merchandise. Teaching utilizing GBL technique can assist teacher particularly to pull kids because this GBL merchandise was apply multimedia component by utilizing 2 Dimension ( 2D ) and sound. This courseware might promote the instructors and parents to improvize their ICT accomplishments and hands-on acquisition as a learning tool.

Diseases Found Through Fecalysis And Urinalysis In The Philippine Women’s University Community

The researchers thought of a topic wherein the researchers could benefit and relate the study to their field which is Medical Technology. The chosen study was entitled Diseases Found through Fecalysis and Urinalysis in the Philippine Women’s University Community. According to the researchers, the goal of the study is to determine the common disease of the PWU students since knowing the common disease through urinalysis and fecalysis can help bring out awareness to everyone that these tests should not just be ignored because if so, the diseases could affect one’s daily living.Thus, fulfilling it was a big thing. Objectives were listed, researches were conducted, limitations were seen and the study was further analyzed; the data were gathered and the procedures were done. The researchers conducted the study by using a tabular questionnaire as seen in Table 1 and sent it to the clinic. The researchers calculated the mean of the infected students in the tabular presentation data and the calculated Mean of the UTI-infected students was 9 while none of the respondents were infected in their fecal samples.In the end, the researchers concluded that urinalysis and fecalysis were definitely beneficial and that these helped spread awareness of living a healthier way even in the littlest ways viable. It is recommended for future researchers to know the common cause of UTI and how to prevent such. Lastly, the researchers could extend the time of study and so there would be increased number of respondents to be examined. INTRODUCTION The first laboratory test performed in medicine and has been used for several thousand years was Urinalysis.Today, urinalysis keeps on to be a great tool in obtaining important information for diagnostic purposes in medicine. Urine is an unstable fluid, and changes to its composition begin to take place as soon as it is voided. As such, collection, storage, and handling are important issues in maintaining the integrity of this spec imen. In the laboratory, urine can be characterized by physical appearance, chemical composition, and microscopically. Physical examination of urine includes description of color, odor, clarity, volume, and specific gravity, and this is taken from Echeverry, Hortin, and Rai.(2010).Routine and Microscopy (R&M) is commonly known as Urinalysis. It is an array of tests performed on urine and one of the most common methods of medical diagnosis. It can reveal diseases that have gone unnoticed because they do not show striking signs or symptoms. Examples of the diseases include diabetes mellitus, various forms of glomerulonephritis, and chronic urinary tract infections. The physical, chemical, and microscopic examination of urine is called urinalysis.It involves a number of tests to detect and measure various compounds that pass through the urine. Shtasel’s (2000) book entitled, Medical Tests and Diagnostic Procedure, Fecalysis is known as stool analysis. It refers to a series of la boratory tests done on fecal samples to analyze the condition of a person's digestive tract in general. Among other things, fecalysis is performed to check for the presence of any reducing substances such as white blood cells (WBCs), sugars, or bile and signs of poor absorption as well as screen for colon cancer.The accuracy of fecalysis can be compromised if a patient has not been properly educated about what he can and cannot do before or during the test. Fecal analysis is performed mainly to identify parasites. Sometimes, stool may be checked for dangerous bacteria, like salmonella, or for viral infections like parvovirus and corona virus. These tests are usually only performed when the pet is suspected of having these diseases and are not routine.According to Kee and LeFeve‘s (2001) Handbook of Laboratory and Diagnostic tests, the purpose of Urinalysis and Fecalysis are performed for several reasons: general evaluation of health; diagnosis of metabolic or systemic diseases that affect kidney function; diagnosis of endocrine disorders; diagnosis of diseases or disorders of the kidneys or urinary tract; monitoring of patients with diabetes; testing for pregnancy screening for drug abuse. This study only focuses on knowing the diseases which fecalysis and urinalysis will show.Moreover, the researchers intend to find out if the said tests are really needed to be conducted. Due to complexities and limited time, the researchers neither engage themselves into studies that deal on the causes of the diseases nor into ways on how to cure the diseases. Our primary objective in our study is to provide information regarding health awareness. Furthermore, the parameters of this study are set only from the two tests conducted, arranged procedures, written statements of the problem, listed recommendations and up to the feasibility of accomplishing a research paper. Diseases Found Through Fecalysis And Urinalysis In The Philippine Women’s University Community ABSTRACTThe researchers thought of a topic wherein the researchers could benefit and relate the study to their field which is Medical Technology. The chosen study was entitled Diseases Found through Fecalysis and Urinalysis in the Philippine Women’s University Community. According to the researchers, the goal of the study is to determine the common disease of the PWU students since knowing the common disease through urinalysis and fecalysis can help bring out awareness to everyone that these tests should not just be ignored because if so, the diseases could affect one’s daily living. Thus, fulfilling it was a big thing. Objectives were listed, researches were conducted, limitations were seen and the study was further analyzed; the data were gathered and the procedures were done.The researchers conducted the study by using a tabular questionnaire as seen in Table 1 and sent it to the clinic. The researchers calculated the mean of the infected students in the tabular pres entation data and the calculated Mean of the UTI-infected students was 9 while none of the respondents were infected in their fecal samples. In the end, the researchers concluded that urinalysis and fecalysis were definitely beneficial and that these helped spread awareness of living a healthier way even in the littlest ways viable. It is recommended for future researchers to know the common cause of UTI and how to prevent such. Lastly, the researchers could extend the time of study and so there would be increased number of respondents to be examined.INTRODUCTIONThe first laboratory test performed in medicine and has been used for several thousand years was Urinalysis. Today, urinalysis keeps on to be a great tool in obtaining important information for diagnostic purposes in medicine. Urine is an unstable fluid, and changes to its composition begin to take place as soon as it is voided. As such, collection, storage, and handling are important issues in maintaining the integrity of t his specimen. In the laboratory, urine can be characterized by physical appearance, chemical composition, and microscopically. Physical examination of urine includes description of color, odor, clarity, volume, and specific gravity, and this is taken from Echeverry, Hortin, and Rai. (2010).Routine and Microscopy(R&M) is commonly known as Urinalysis. It is an array of tests performed on urine and one of the most common methods of medical diagnosis. It can reveal diseases that have gone unnoticed because they do not show striking signs or symptoms. Examples of the diseases include diabetes mellitus, various forms of glomerulonephritis, and chronic urinary tract infections. The physical, chemical, and microscopic examination of urine is called urinalysis. It involves a number of tests to detect and measure various compounds that pass through the urine. Shtasel’s (2000) book entitled, Medical Tests and Diagnostic Procedure, Fecalysis is known as stool analysis. It refers to a ser ies of laboratory tests done on fecal samples to analyze the condition of a person's digestive tract in general.Among other things, fecalysis is performed to check for the presence of any reducing substances such as white blood cells (WBCs), sugars, or bile and signs of poor absorption as well as screen for colon cancer. The accuracy of fecalysis can be compromised if a patient has not been properly educated about what he can and cannot do before or during the test. Fecal analysis is performed mainly to identify parasites. Sometimes, stool may be checked for dangerous bacteria, like salmonella, or for viral infections like parvovirus and corona virus. These tests are usually only performed when the pet is suspected of having these diseases and are not routine.According to Kee and LeFeve‘s (2001) Handbook of Laboratory and Diagnostic tests, the purpose of Urinalysis and Fecalysis are performed for several reasons: general evaluation of health; diagnosis of metabolic or systemic diseases that affect kidney function; diagnosis of endocrine disorders; diagnosis of diseases or disorders of the kidneys or urinary tract; monitoring of patients with diabetes; testing for pregnancy screening for drug abuse.This study only focuses on knowing the diseases which fecalysis and urinalysis will show. Moreover, the researchers intend to find out if the said tests are really needed to be conducted. Due to complexities and limited time, the researchers neither engage themselves into studies that deal on the causes of the diseases nor into ways on how to cure the diseases.Our primary objective in our study is to provide information regarding health awareness. Furthermore, the parameters of this study are set only from the two tests conducted, arranged procedures, written statements of the problem, listed recommendations and up to the feasibility of accomplishing a research paper.

Christian muslim relation Essay Example | Topics and Well Written Essays - 1000 words

Christian muslim relation - Essay Example My prayers have really improved after I gained an understanding of the Surah that declares Tawheed, Du’a, and the practical aspect of the Muslim conduct. The entire Surah stresses the importance of making supplication for all. When I read the Surah I learn that Allah has anger towards those that reject the truth since they go astray due to their ignorance. I believe the knowledge of the tafsir will enable one to know the consequences for sins while Muslim faithful can ask to guide them to a straight path. The words You alone we worship and from you alone we seek help give me comfort during salah and the rest of the day since Allah helps me out in my difficult situations. I have learned that Allah has chosen this Surah as the second pillar of Islam since it opens some of the greatest miracles. The Surah summarizes the purpose of life as I worship Allah since he is always merciful. May Allah always keep my feet on Siraat al-Mustaqeem, Inshallah. Ayah 76 of the Surah state that, â€Å"And when Jews met the Muslims they assert, we believe†, but they met in privacy they cite, â€Å"Shall we tell the Muslims what Allah has revealed to us Jews concerning the characteristics and the description of Prophet Muhammad (Peace be upon him), Muslims argue concerning the writing of the Torah before the Lord. Have the Jews got no understanding? This ayah Allah informs us concerning the children of Israel, the nation where Jews and Christians originated. Allah charged this nation with the duty of carrying his message to humanity. Allah did this and showed the nation many signs and miracles to convince them that he is a rational person while they became unreceptive to the truth and hardened their hearts. The nation failed to accept the message from Allah since the Message was the Truth and they did not submit to it. The nation had immense love of the worldly pleasures and love of themselves as they rejected the Message since they ha rdened their hearts.

How legal cultures differ from England to Germany Essay

How legal cultures differ from England to Germany - Essay Example In the cases provided, it is imperative to understand case proceedings depending on the legal culture of the land and identify the various means used by the courtroom in the identification of the respective rulings The first case is that involving Lord Bernstein against Mr. Ashby in court. The plaintiff, Lord Bernstein, states that the defendant, Mr. Ashby failed to observe Mr. Bernstein’s right to privacy when he flew around his house taking photographs of the premises without his consent. In this case, there is the protection of the plaintiff’s privacy by the laws of the land through the fact that the owner has a right over the immediate air space above his land. This makes sure that he has some authority over the activities that take place above that area. This protection of privacy is accorded directly referring to Winfield on Tort (Frank, 2010, 25). Winfield on Tort is one reputable source of enactments provided by the British constitution, it is clear that the pla intiff in this case had protection of privacy as it stated that the activities carried out were an act of trespass. This information is cited from the constitution through which England is run. Chapter 2 in the bill of rights after the fourth amendment in 1996 also provides for this (Steinfield, 2010, 77). It is important to understand that the judge was fast to dismiss any claims stating that the defendant had committed a criminal activity by disturbing the plaintiff’s peace. This is from the fact that for someone to provide a case stating any form nuisance the airplane had to have been flying at a certain height and this was not clearly stated (Baron, 1978, 484). It is from this that the judge found it rather excessive to go for the nuisance charges on top of the trespass ones already provided. The judge was also clear to identify the Air Navigation Act 1920, Section 9 replaced by the Civil Aviation Act 1949 which states that the claims to both nuisance and trespass are exc essive and should not hold up in any legal process (Lemmings, 2011, 167) This was the point where there is the identification that the judge did not have the ability to make a decision based on his views but rather had to refer to the act. Despite this being the law that governed his decision, it is important to note that the judge had the ability to express his views in that he stated that going for the nuisance charge was rather outrageous. This independence was rather clear and concise in that he also had the ability to fully follow the act and go for both charges but after looking at the facts of the case, there was the identification of various issues allowing a much lesser charge (Baron, 1978, 486). The issues identified in the case that had the judge extend his independence as to not follow the act entirely are such as the level at which the airplane was flying. The defendant had not gone around the premises enough times for the plaintiff to state that there was disturbance. This is from the fact that the plaintiff stated that he had not noticed the airplane circling around his house all through until it came to his attention that the defendant had photographed the premises (Baron, 1978, 488). According to the Civil Aviation Act of 1949 trespassing is identified when the defendant flies as low as getting in contact with private material on the premises of the plaintiff such as trees and

Indigenous Culture Coursework Example | Topics and Well Written Essays - 500 words

Indigenous Culture - Coursework Example Kunz & Vibha (2008) explain that the Naga people were traditionally hunters and gathers. They lived on hilltops and therefore enjoyed a vantage position, which they in turn used to raid other communities in the plains. They carried out systematic raids for cattle and food. With time, they began farming and rearing livestock. This way, farming became their main pattern of subsistence. The various tribes of the Naga people have egalitarian societies. They live in villages that are closely-knit units (Stirn & Peter, 2008). The units comprise of clans and families that intermarry thereby strengthening their villages. Families in the Naga culture were monogamous with society considering fidelity to spouses a major virtue. The culture does not permit people to marry from their own clans. The culture considers such unions as incest and therefore encourages inter-clan marriages. The Naga culture is a preliterate culture owing to the lack of writing abilities of the populace. The Naga people had unique religious beliefs that included the worship of ancestors and a supernatural being. They believed that their ancestors protected them and therefore invested in appeasing the spirits of the ancestors. They offered animal and crop sacrifices with some people dropping portions to the ground before they eat with the view to appeasing the spirits. As explained earlier, the Naga people have a warrior tradition with the society’s youth joining a class of warriors who traditionally raided neighboring societies. The societies are patriarchal and the family is the basic social unit. Respect for fathers among other male elders in the society is paramount with women having distinctive roles. The culture expects women to show both obedience and humility to their men. The culture had a unique attire with the man’s clothing remaining distinctive. Men’s clothing

Definition of the Word Family Essay Example | Topics and Well Written Essays - 1250 words

Definition of the Word Family - Essay Example The paper tells that family means a number of different things to different individuals- family may cross a number of generations, change, as a result, of certain changes in life events such as remarriage, divorce and children relocating from their parental homes, and might even span several households. In most cases, people find it easier to define a family by not how it looks or how it is structured but by its roles and functions- supporting, loving, caring and protecting those in a family. In defining a family, it is essential to realize that children and marriage are not prerequisites for the formation of a family. In the past few years, there has been a development to a boost in the amount of childless couples and smaller families, as well as, lone- person families or households. It is also critical to remember that extended families might cross or span more than one household, and that individuals living by themselves are not necessarily living without families. More and more i ndividuals are forming more than one family across their lifetime, because of the greater rates of re- partnering and separation. A number of types of families, and families at certain points in the family life- cycle, may have different needs, strength and vulnerabilities. Some of these include one- parent families, jobless families, indigenous families, families from different, diverse linguistic and cultural backgrounds, families with responsibilities in caring, and families in remote and rural societies. It is clear from the points noted here that family is a complex unit that has no one specific definition (Forbes 2-34). The purpose of this article, consequently, is to draw attention to the different kinds of definitions of the family unit in regards to its functions, what it is, what it is not and according to how authorities define it. In addition to this, the paper will benefit exceedingly from examples derived from the book Journey by Sonia Nazario, which is a story about a certain family that will serve as an excellent example of what a family is and of different kinds of families. Family can be defined as the most fundamental unit. It represents individuals living together by ties of blood, marriage or adaption, therefore, representing a single household. According to sociology, the family unit as a key role of reproducing and expanding the society, both socially and biologically. There are numerous different structure of families based on the associations that exist between parents and children. There are different kinds of families present which are determined by who makes up the family. There are those families that only consist of the father and children; others are consisted of the mother and children. Other families consist of a mother, her children and other people who are in most cases derived from the mother’s family. Other families consists one or more mothers living together with their children, with other people and their spouses (Fine 65- 79). In this case, an example is the family described in the book the Journey, which at first was composed of the mother and her two children and member’s of Lourdes’ family. Relationships that exist between a family, and those that determine the type of the family, are those mainly between parents and children and they are different from culture to culture. One of the most common family types is the nuclear family. This family type is composed of the marital couple living with their children separate from other individuals. The joint family usually is the extension of the nuclear family, and exists when children of one sex stay at their parental home. In such a case, the children bring along their spouses to live with them in their parental home even after marriage (Fine 65- 79). These are only handful cases of the numerous types of families. Other kinds of families include only child families, large families, single parent families, blended families, gay an d lesbian parent

Individual Strategy Assignment Essay Example | Topics and Well Written Essays - 1750 words - 1

Individual Strategy Assignment - Essay Example Value proposition, which states the specific benefits that a product or service provider offers the customer, is a necessity for every organization. Indeed, a company that lacks a clear and singular value proposition is similar to an individual without energy and power, and, therefore, lacks the ability to champion the occurrence of various aspects. Additionally, it is only through the value proposition that a company is able to convince the customers that indeed the products and services offered are the best among the other competitors and that the customers should only make purchase choice on their products and services. Apple is such a company with great brand and value proposition. Based on the above perspective, this paper discusses the development of Apple’s value proposition and factors supporting the value proposition including organizational task statements. One critical aspect that every company or organizations put in the minds of the consumers is that their lives will improve significantly by the purchase of the company’s brand. Such is usually the idea that centers on company’s brand building. However, in the case of Apple, the company has gone overboard by creating products that seem like consumers must have. Additionally, in building their brand, Apple works on establishing an idea in the minds of their customers that there were no products and services like any other in the market, and as such, the customers never had an alternative but to buy their products. Ideally, Apple success rests in the building of assets that distinguish them from the rest, enabling the consumers no any alternative to their products. As such, Apple has developed its value proposition with a perception on the consumers’ minds that Apple’s products and services remain the best in the industry. Whenever a customer asks for a reason as to why they should buy a particular company’s product or need their service, the company’s value proposition

The Field of Loss Prevention Essay Example | Topics and Well Written Essays - 2000 words

The Field of Loss Prevention - Essay Example As a consequence my early life experiences were molded by a blend of a â€Å"doing right† and a â€Å"doing well† philosophy. I thus grew to understand to importance of doing the right thing in life and doing it well. From my father’s perspective, what was right was related in part to what was right legally, but also what was right from a moral standpoint. One factor that influenced me towards law was the sense of strength and duty that I learnt from my father. As a consequence of his job, there was always the chance that one day he wouldn’t come home, and I deeply admired the strength and courage that drove him to take those risks. A particular incident that I remember vividly was the 9/11 terrorist attacks in New York. Although my father was not involved at all, I remember watching the heroic attempts of the officers of both the New York Fire Department and the New York Police Department and the risks that they took. Many of these lost their lives in the World Trade Centre, and whenever I think of them, I feel a strong sense of duty and purpose and am determined to follow the example that they set and to put my chosen career above my own personal desires. The idea of law and justice was strong in my family, not only was my father a firefighter, with strong opinions about what was right and what was just, but also three of my uncles work with the police, two work in New Jersey, one as a police officer and the other as a County Sheriff’s Officer and the last one is a Police Detective.

Problems in the Public School System Research Paper

Problems in the Public School System - Research Paper Example A more pressing observation, which most people have failed to acknowledge, is the collective failure of the American public to hold not only learners to standards but also the government and its policy towards education. Learner Apathy Learner apathy in the American public school system may be blamed on a variety of factors. Most students of today have come to put things such as sports and other activities such as T.V watching and going out to be of more importance than an education. Issues from home such as divorce or poverty make the learner unable to learn and compete effectively in the classroom (Long 54-61), plague some students. While educational psychologists have acknowledged these problems as having the potential to impair learning, very little has been done by parents and teachers in trying to prevent emotional and mental disabilities, which ultimately result into apathy in school. According to Griffith, the education system is to blame since it makes learners have misguide d perceptions on education. Many learners know that colleges take into consideration the grades of the eleventh and twelfth grades and thus they tend to relax and only start getting serious during those final years, which results, into failure (231-4). Since the American system is based on the traditional approach of classroom learning, many students may feel neglected since they may be more inclined to the practical aspects of learning. The system is also to blame for some of the apathy among students. Students in the lower classes are required to attend compulsory classes some of which they may not have an interest. Since overhauls of the system are also few and far between some of the content being learned may not give learners the challenge they require at a certain level. Accountability One of the foremost issues in the American public education system is the lack of holding of students accountable. Many public schools teachers and parents do not hold students accountable to at taining high academic standards as before. Many public schools are only interested in the dissemination of information and covering of the syllabus without caring whether the learners attain the set goals or they fail (Scovronick 186-7). Many learners in the public schools only attend school at their own volition since parents do not care whether they attend school or they do not. Many learners are known to keep away from school on many instances without receiving any reprimand or any kind of punishment from either the parents or teachers. In days of old, such behavior was expected to elicit heavy punishment and consequences for the student not only from the parents but also from teachers. Many of the parents and teachers of today lay the blame of a lack of student accountability on changing attitudes about child punishment, which makes the enforcement of student accountability difficult if not impossible. A review of research done however shows that there are a variety of methods t hat may be employed by teachers and parents in holding learners accountable in education apart from corporal punishment (Hood 345-53). Changing lifestyles of American parents such as having two jobs lead to poor relationships between the learner and the parent. Such lifestyles also leave no room for the parent to appraise the learner’s performance. Political Interference Political interference in the public system of American schooling has to be

Moving from organisational employment to self-employment Assignment

Moving from organisational employment to self-employment - Assignment Example Therefore, Deborah and Yasmin’s career could be described as internal, that is, subjectively constructed by the individuals themselves. For instance, in the case of Deborah, she envisioned a career that she would be able to attain professional growth and at the same time provide high-quality medical care and personal attention for her patients. However, after the hospitals became more focused on financial gains than on quality service provision for patients she became disheartened. As a result, she decided to start her own nursing home where she could practice what according to her is ‘real nursing’. Hence, her career decision was based on the feelings, opinion and perspective about the value for high-quality healthcare and personal attention for patients as opposed to business-like healthcare. Similarly, Yasmin did not actually plan where she would work or what she would do, but all she envisioned was a continuous career development process that would involve acq uiring knowledge, a range of skills and experiences, and the applying these to various employment contexts. This is why she got fed up with her position at the local authority when she realized that there was no room for development and enhancement of her career, for example, she felt marginalized and powerless to make any policy changes. Therefore, her decision to go enroll for Masters course and eventually start her own consultancy firm was all based on her feelings and opinion that as an employee of the local authority she was not gaining any professional growth and career achievements. Moreover, she felt deskilled instead of gaining a range of skills, and the reason according to her perspective was that the local authority was highly politicized. Question 2 Career anchor is an individual’s self concept that consists of his/her basic values, talents and abilities, and perception of needs and motives with regard to their career. Schein identified 8 career anchors, which are security, independence, technical-functional competence, entrepreneurial creativity, service to cause, general managerial competence, pure challenge, and finally, lifestyle (Schein, 1996). It is clear these career anchors to some extent apply to Yasmin and Deborah’s accounts. For example, Deborah’s career is driven by service/dedication to cause. This is because she is determined and believes in provision of quality healthcare service, as well as personal attention of patients. Thus, her career is fulfilled by helping and satisfying the needs of other people. Deborah’s career is also driven by independence/autonomy whereby she would prefer to work under her own steam and rules to attain career achievements. Likewise, Yasmin’s career is also driven by Schein’s career anchors to some extent, for example, she could be described as general managerial competence. This is because she is the kind of person who likes to deal with other people, thrives at responsibility and problem-solving. In addition, she values the concept of home-life balance, as well as personal time, thus, her career is driven by lifestyle career anchor. This can be clearly understood by her statement, â€Å"I mean there is work life, and there is the rest of your life, and there are your children† (Gallos, 1989, p.273). Question 3 Gallo’s quote resonates with Yasmin and Deborah’s story because it touches on several aspects that these women encountered during their career life.

Black Swan Report Essay Example for Free

Black Swan Report Essay Unreliable narrator is a narrator who can’t be trusted, because of a bias point of view, ignorance or self-interest. In the other hand, a reliable narrator is trustworthy, impartial, and most of the times omniscient. I loved the point of view of this movie because it all happened from the point of view of Nina, the protagonist. If you have some general knowledge about psychological disorders you will suspect of Nina having schizophrenia or dissociative identity disorder. Nina is not a reliable narrator, because her point of view of reality is altered. I believe that Nina doesn’t die at the end. We can’t trust her as a narrator. If she suffers schizophrenia, probably the scene in which she breaks the mirror and attacks Lily isn’t truth; therefore she couldn’t have stabbed herself. I also find it hard to believe the fact that she danced with a big blood spot the whole presentation and no one in the crew or crowd notice and she never fainted while dancing because of the loss of blood. I don’t believe the ending is real. I think the ending is symbolic and Nina â€Å"dying† as the white swan is actually Nina accepting that the world is not that good and she’s losing her innocence. Another thing can be that she lost her rational side and became totally insane. About the film, I believe some of the scenes were not necessary; they could have been less explicit. It was a great film and I loved the theme.

Reflection of Personal Art Therapy Experience as Facilitator

Reflection of Personal Art Therapy Experience as Facilitator Brett Cartwright Description I have chosen to do my reflection on the Art Therapy Focusing model in which I facilitated a process for my client, who for the purpose of confidentiality we will call ‘Jemima’. This session was conducted at the Phoenix Institute of Australia as a part of the learning model presented by my lecturer within the Art Therapy Module. During the â€Å"setting up† (Malchiodi 1998) the space process I went about finding an appropriate area and making sure there were sufficient items conducive of an Art Therapy session, such as pastels, paper, and markers, as well as a cabinet in the corner filled with Art Therapy supplies, should Jemima wish to use something different. Upon the completion of the setting up process, I quickly checked in with myself to ensure I was capable of holding space for my client before walking into the waiting area to greet Jemima, inviting her to join me in the room. Once in the room I enquired about how she felt regarding the comfort of the space and offered her the opportunity to rearrange it in any way she saw fit, also pointing out that there were many more art supplies in the corner cabinet. Jemima nodded and said â€Å"I’m actually quite happy with this† making a bodily gesture toward the previously setup space. Now sitting, we began to talk about how her day was going so far and if there was anything specific she would like to focus on. Upon creating an intention for the session I suggested that we try an Art Therapy Focusing process and proceeded to explain what would be involved. We began by drawing her attention into her body, in search of a ‘Felt Sense’ (Gendlin 1996) eventually finding an image that had an ‘emotional quality’ fitting to the intention we had set for the session. I then extended an invite to open her eyes and bring the image to concretised form on the paper, inviting her to open up a dialogue with me about the process if she saw fit at any time, which she ackn owledged but declined. The rest of the session was quite silent and required little more than my presence, â€Å"unconditional positive regard† (Rogers 1980) and holding of the space to facilitate. Jemima indicated when she had finished her image, at which time I asked her to close her eyes again, inviting her to bring her awareness back to the room and slowly drawing her out of the focusing process. At this point I asked her if she could share with me how the process was for her. I let Jemima know that the session was coming to a close, offering her the opportunity to express anything else that might have come up for her during the process, and we closed the session. I then invited Jemima to give reflection on my performance as a therapist, took some notes, and the entire process was complete. Feelings I felt quite comfortable entering into this process as I am reasonably familiar and confident with the focusing process from both the ‘Focuser’ and ‘Companion’ perspectives. Also, I have worked with Jemima on a number of occasions and have developed a good amount of rapport with her, which makes for a productive and healthy therapeutic relationship. Having said that there were, and always are, a certain amount of nerves for me when stepping into the role of therapist, as I have recently discovered via an empty chair process that I have a dominant inner critic that has created really strong insecurities around professionalism. This was, however, coupled with intense feelings of excitement about acting out the entire process of a therapy session and the learning that comes from the experience. At the end of the session, as always, I found myself left with mixed feelings. I became highly stressed and critical about how I performed as the therapist, and some of the feedback I received from Jemima, again coupled with an element of excitement about having made it through the process without any major hiccups on my end. Evaluation At the time I felt things went reasonably well for both the client, and myself. It seemed that the client had really managed to embody the Art Therapy Focusing process. The â€Å"Coming in† process (Purton 2004) was smooth and seemed to flow quite well as we slowly drew Jemima’s awareness toward her inner-world, searching for a Felt Sense that eventually matched that of a ‘Protector’ (as referenced in the Analysis section below). Throughout the creation of the artwork I made a few observations about certain things, such as the way Jemima smiled when the image of her protector came to her; the movements and motions of her strokes on the paper which were reflected as being â€Å"helpful for meaning making† by the client; and the pressure she seemed to apply to different areas of the page. The end of this session felt a bit rigid and clunky upon reflection, as I always seem to have some amount of trouble tying things off without interrupting the clientà ¢â‚¬â„¢s process. Analysis Upon analysis of the session and the feedback given by the client, it would seem that it was a productively therapeutic session that helped the client in â€Å"clearing space† (Gendlin 1996) and creating a â€Å"safe space† using an image of a â€Å"protector† as tools created by Judith Herman and described by Rappaport (1998), which the client can now refer to in consecutive sessions to help return to that feeling of safety, if the client resonates strongly with that image. There was the possibility for a couple of intersubjective responses, as I had a couple of images with protective qualities come up for me when I was witnessing the client’s process unfold, which I held back due to some nervousness around projection and interpretation as I did not want to influence the client’s process in any way. Conclusion In Conclusion, upon reflection of the content of the session from both my perspective and the feedback given, I realise that there is a level of incongruence, and slight lack of unconditional positive regard in not sharing my intersubjective responses with the client. Thus putting distance between myself and the client, and in turn creating a lack of attunement. As a final note, there is very little I would change about the process apart from exercising more congruence and working on developing better skills around closing the session. References Malchiodi, C.A. (1998). Setting up: Drawing on Environment and Materials. The Art Therapy Sourcebook: Art Making for Personal Growth, Insight, and Transformation. (p.79 – 102) Rappaport, L. (1998). Focusing And Art Therapy: Tools for Working Through Post-Traumatic Stress Disorder. Focusing Folio, Vol. 17 (1), (p.2-3) Gendlin, E.T. (1996). Focusing-Oriented Psychotherapy: A Manual of the Experiential Method. New York: Guildford Press. (p.57-58) Purton, C. (2004). Focusing as a Taught Procedure. Person-Centred Therapy: The Focusing-Oriented Approach. United Kingdom: Palgrave MacMillan. (p.90) Rogers. C. R. (1980). Characteristics of the Person-Centred Approach. A Way of Being. Boston: Houghton Mifflin. (p.115-116)

Comparison of Drug Delivery Systems

Comparison of Drug Delivery Systems 1. INTRODUCTION 1.1. Current Status of Drug Delivery Systems During the past two decades, Drug development technology in Pharmaceutical Industry with innovations in formulation development have received a lot of attention. Drug delivery as an opportunity to extend product life cycles has indeed proved its place in the market with significant advantages of therapeutic gains as well as commercial success. In India drug development technology is still in nascent stage with academia and research institutes collaboration as main stay of the development of novel products. The main motto of Indian companies, in the development of newer pharmaceutical formulations by using NCE in order to achieve by providing cost effective, therapeutically effective with short term and long term options. While development in the oral route is still the main focus, pulmonary, cutaneous, transdermal and other multiple routes are gaining increased attention1. The application of modern technology in the field of drugs administered via oral, parenteral, pulmonary and intra-ocular finds a newer, better than the conventional dosage forms is an important era in the drug delivery. The health scenario in India demands Novel Drug Delivery Systems (NDDS) for more than 20 diseases and conditions for which rationale for such system is established. More than half of these conditions are prevalent in India and other developing and under-developing countries only and offer a great challenge and opportunity for the Indian Pharmaceutical Industry2. A number of drug delivery platform technologies currently exist that may be adapted to various drug molecules to yield superior medicines. Such medicines while offering obvious benefits to patients will also generate a more stable and patent protected revenue stream3. Although the drug delivery concept is not new, a great progress has recently been done in the treatment of variety of diseases. Targeting delivery of the drugs to the lesions and controlling the release rate at the site of action is the most important aspect of Drug Delivery System. Research is being carried out throughout the world at a great place, devising strategies for drug delivery to overcome biological barriers and the physiochemical properties of the modern drugs. Above all the prominence of drug delivery systems can be understood by the variety that out of the $250 billion worldwide value of pharmaceuticals, 10% is attributed to it4. In this context controlled drug delivery along with targeted drug delivery forms the essence of modern and future drug delivery systems. 1.2. Controlled Drug Delivery Systems As the name implies, CDDS serves two functions. First it involves transport of the drug to particular part of the body and the second function is that of the controlled release. The main advantages of Controlled drug delivery systems are: Maintenance of optimum therapeutic drug concentration in the blood with minimum fluctuations. Predictable and reproducible delivery for extended duration. Enhancement of activation duration for short half life drugs. Minimizes the side effects. Reduce the frequent dosing. Reduce the wastage of drug. Better patient compliance. 1.2.1. Oral Controlled drug Delivery Systems Oral controlled release technology was evolved with matrix technology. Several research papers in the 1950s and 1960s reported as simple matrix tablets or monolithic granules. In 1952, a new formulation â€Å"spansule† a timed- release formulation was introduced by Smith Kline French which launched a widespread search for other applications in the design of dosage forms. Advances in oral controlled release technology are attributed to the development of novel biocompatible polymers and machineries that allow preparation of novel design dosage forms in a reproducible manner5. For controlled release systems, the oral route has by far received most attention and success because of the fact that gastro-intestinal physiology offers more flexibility in dosage form design than other routes6. Apart from that owing to patient acceptance, convenience of administration, cost-effective manufacturing, and generally long product shelf-life is a continuous emphasis to develop oral formulati ons will persist. Some of the marketed oral controlled release products were listed in table no.1.1. Table No. 1.1. Marketed oral controlled release products7 1.2.2. Particulate Oral Drug Delivery System In any drug delivery system the use of carriers to convey a certain dose of the drug is important as drug itself. Various carrier systems in application till date are macromolecular drug carriers, micellar systems, liposomes, red cells and microparticulates. These were used to carry a wide variety of pharmaceutical agents in a number of different therapeutic situations. Among these chiefly microparticulate carriers has been accounted for an important potential application in the administration of therapeutic molecules such as sustained drug delivery in cancer and infectious disease or for the administration of gut labile drugs8. Moreover, due to their size microparticulates are not usually administered through intravenous routes but via alternate routes. Thus, inclusion of drugs in microparticulate carriers clearly holds significant promise for the improvement in the therapy of several disease categories. They serve many purposes9 such as: Protecting the incorporated components from degradation Controlling drug release Increasing adjuvancy Targeting to the specific sites. Due to the unique physiological conditions in the GI tract, the particulate systems are required to meet the following criteria before they can be used as effective oral delivery vehicles10. Firstly they should be resistant to undergo degradation in GI tract. The encapsulated drug in the particles need to be absorbed with high efficiency in GI tract to be therapeutically effective. Currently it is believed that, less than 1% of the particles can be absorbed after oral administration. 1.3. Biodegradable polymers and Mucoadhesion Mucoadhesive polymers Mucoadhesive polymers11 have properties to get adhered to the mucus membrane and hence capable of prolonging the contact time of the drug with a body tissue. The use of mucoadhesive polymers can significantly improve the performance of many drugs. This improvement ranges from better treatment of local pathologies to improved bioavailability and controlled release to enhance patient compliance. Ideal characteristics of mucoadhesive polymers12 It should be able to accommodate both oil and water soluble drugs for the purpose of controlled drug delivery. It should possess an optimum molecular weight to the mucoadhesive. It should demonstrate local enzyme inhibition and penetration enhancement properties. It should show specificity for attachment to an area or cellular site. It should show specificity and stimulate endocytosis. It should be inert and compatible with the environment. It should be easy and inexpensive to fabricate. It should have good mechanical strength. It should possess a wide margin of safety both locally and systemically. Microspheres can be defined as solid, approximately spherical particles ranging in size from 1 to 1000 ÃŽ ¼m. They are made of polymeric, waxy or other protective materials, i.e. biodegradable synthetic polymers and modified natural products such as starches, gums, proteins, fats and waxes. Microspheres are small and have large surface to volume ratio. At the lower end of their size range they have colloidal properties. The interfacial properties of microspheres are extremely important, often dictating their activity. Microparticles are of two types Microcapsules: The entrapped substance is completely surrounded by a distinct capsule wall. Microspheres: The entrapped substance is dispersed throughout the microsphere matrix are shown in the Fig: 1.1. Fig: 1.1. Differentiation between microcapsules and microspheres Microsphere carrier systems made from the naturally occurring biodegradable polymers have attracted considerable attention for several years in sustained drug delivery. However, due to short residence time at the site of absorption, the success of these microspheres is limited. By providing the drug delivery system a means of intimate contact with the absorbing membrane, these delivery systems would be advantageous which can be achieved by coupling mucoadhesion characteristics to microspheres and developing mucoadhesive microspheres13,14.

How the Elderly Cope with the Death of a Spouse Essay -- Spousal Berea

Ever noticed an elderly couple performing normal daily activities and think to yourself, what would they do without one another? Many of us have elderly relatives who are either married or have someone with whom they have a tight bond with, such as a best friend, and we believe they keep each other alive. We are all born to die, but how we cope with death is different. When someone dies, persons affected may feel depressed, sad and even angry. Looking at death from a different perspective, such as a loved one going to a better place, instead of a loss can cause relatives to celebrate. This is usually the case when the cause of death is natural. When death of a spouse is because of a traumatic event, love ones are left with many questions that they can live with for the rest of their lives. We may continue to live normal lives once the emotional pain is suppressed. I use the term suppress, because it is not clear that anyone ever "gets over" the death of a loved one . Bereavement in the elderly can cause the partner to become lonely, fall ill, and often times die soon after. When an older adults life long partner dies, what is their mental state? According to Lund, the mental health of many older spouses is not as devastating as expected, although loneliness and problems associated with the tasks of living are the most common and difficult adjustments of the adult (Meiner, 2011). Research reported to Journal of Gerontologic Nursing (JOGN) indicates that the assessment tool, Inventory of Complicated Grief (ICG), can asses the thoughts, feelings, and behaviors associated with separation distress including †¦ excessive loneliness (Barron & Minton, 2008). Additionally, another test can be done to assess the pro... ... to make the person feel better too quick. Instead you should assist the older person through the grieving process which is normal and healthy (Meiner, 2011) Works Cited Barron, C., Minton, M. (2008). Spousal Bereavement Assessment: A Review of Bereavement- Specific Measures. Journal of Gerontologic Nursing, Vol. 34, No.8, 34-48. Retrieved from EBSCOhost Elwert, F., & Christakis, N. (2008). The Effect of Widowhood on Mortality by the Causes of Death of Both Spouses. American Journal of Public Health, Vol. 98(11), 2092-2098. Retrieved from EBSCOhost. Howie, L., Mcintyre, G. (2002). Adapting to Widowhood Through Meaningful Occupations: A Case Study. Scandinavian Journal of Occupational Therapy, Vol. 9, 54-62. Retrieved from EBSCOhost Meiner, S. (2011). Loss and End-of-Life Issues. In P. Burbank and J. Miller (Eds.), Gerontologic Nursing (pp. 351-365)

A discussion of the theory that class-based differences in educational

A discussion of the theory that class-based differences in educational achievement are mainly due to familial factors. Throughout the twentieth century, there have been many changes made to the structure of the education system. These include the 1944 Education act which made secondary education compulsory and introduced the tri-partite system of school, though the move to a comprehensive system of schools in the 1960’s, to the introduction of the National Curriculum in 1988. While official statistics have shown that all these measures have served to increase the overall levels of educational attainment (as defined by attainment of qualifications), both official and sociological evidence indicated that class-based inequalities in educational attainment have shown no tendency to decline. It has been suggested that class base differences in educational success are due to home and familial factors: that children from lower social backgrounds are more likely to fail because of what they experience inside the home environment. This approach is based on the belief that those from different social classes have significantly differing home lives. It is possible to split home and family based factors into two categories: material factors and cultural factors. As educational success generally rises with family income, many researches see material deprivation as the major cause of inequality in educational success. Hasley, Heath and Ridge examined the education careers of males, and found that those from higher social backgrounds were much more likely to stay in education past the minimum leaving age than those from working class backgrounds. They pointed out that a major reason for this was the cost of stayin... .... Similarly, Bernstein’s theory of language codes, although regarded as a structuralist explanation of education failure, owes much to primary socialization within the family. It may therefore be argued that family factors are the root cause of other explanation of failure. Finally, it has been suggested that class-based differenced in education attainment are purely to do with the genetic distribution of IQ and therefore family factors (and any other social factors) are irrelevant. In conclusion, there are many different explanations of class-based differences in educational success. However, they are not necessarily isolated, and the factors identified on one theory may be a cause of the factors outlined in another. The reasons for class-based differences may therefore be very complex, and not able to be explained by a single factor in isolation.

Rocky Mountain High :: essays research papers

â€Å"Rocky Mountain High†   Ã‚  Ã‚  Ã‚  Ã‚  Swish, swish, flap, swish, flap. The walls of my tent begin to shake vigorously. I roll over, rub my eyes, and try to figure out what in the hell is going on. Waking up from the long, cold nights sleep at 10,000 feet, my senses are not exactly what I would call â€Å"sharp as a tack†. I unzip my sleeping bag and a rush of cold mountain air sends shivers down my spine. I scramble around the tent, frantically trying to find some warm clothes. As I hop out of the tent, I realize the shaking was coming from the other members in my group giving me a camper’s wake up call. Still in a morning daze, I ask, â€Å"What’s for breakfast?† After the laughter dies down, I realize the Clif bar I packed the day before will be the only breakfast I get.   Ã‚  Ã‚  Ã‚  Ã‚  As I scramble around camp, I notice the first glints of sunshine shoot over the ridge to the east and the moon slowly tucking itself into bed behind the ridge on the west. I wipe the dew off the face of my watch, 6:03am. I take a deep breath of the mountain air, as clean as pure spring water and then I feel nature begin to call. With the first task of the day accomplished, I pack up camp and prepare for the days hike. The higher up the mountain I go, more and more of my group members began to fade. Some of the members stop to rest on a log that has fallen victim to Mother Nature. Others pause to take pictures of themselves, overlooking the valley below. The lake glimmers from the sun’s rays and the cool north winds push the clouds across the sky. Feeling excited now, I want to keep going to get the view from the top. Sitting on a log to rest or taking pictures just does not seem so appealing anymore. I do not know what about hiking in the mountains that became so addicting to me, but there is definitely something about it. Maybe it is the way that all my worries and troubles seem to disappear into the land. I run around all day climbing peak after peak, not thinking twice about the rest of the world. All the TV’s, cell phones, palm pilots and other gadgets of the day that seem to keep me entertained at home are like a candle in the wind when compared to Mother Nature, who offers plenty to keep me occupied.

Chico Mendes

The life of Chico Mendes. Born: December 15, 1944 Xapuri, Brazil Died: December 22, 1988 (aged 44) Xapuri, Brazil â€Å"At first I thought I was fighting to save rubber trees, then I thought I was fighting to save the Amazon rainforest. Now I realise I am fighting for humanity. † Chico was many things, he was a steward to this earth, a unionist,an enviromental activist , a father, a husband and the list carrys on. This story starts with Chico being a rubber tapper. Following his father, he was â€Å"a seringueiro†, a rubber tapper.He farmed a small clearing, but relied on the sale of rubber from several hundred native rubber trees in the rain forest itself to provide income for him and his family. Chico inherited the land and the trees from his father who had begun tapping them in the 1930s. Two long v-shaped cuts made with care in the bark of each rubber tree would produce one or two cups of the rubber. Chico also collect other natural forest products, such as fruits a nd Brazil nuts, allthough this didn't make much of a difference to his income.There was approximately 100,000 other rubber tappers living throughout the rain forest, and this is what they do as well. It is sustainable harvest which does not destroy the forest. When Chico was a young boy, him and his father would go rubber tapping together because it was one of the very few job available. At that day and age, the rubber tappers were conned out of their money by the people who bought the rubber. Becaue of the little education they all recieved, they couldn't do basic things, like reading or writing.The man that bought the rubber would lie about how much rubber he was given and the price the rubber was worth. This was changed when Chico met a man called Wilson, Wilson came to the rainforest because he was told you could get rich from rubber tapping and told Chico that if he taught him how to tap rubber than in return, Wilson would educate Chico about things like, reading, writing and m aths. A union was later formed by Wilson. Because of this union it helped the people get a better a education aswell as protecting their rights.On the first speach Wilson gave, he told everyone about how if everyone sticks together, than they are stronger than if they are apart. Wilson demonstrated this by using sticks, he snapped the one that was seperated, easily but not the bundle of many sticks. Land speculators and large cattle ranching buisnesses are more interested in the short-term profit than the lively hood of all the rubber tappers so they wanted to cut and burn the rubber trees down so they could build a road and ranches, this of course was so the rich, could become richer. The didn't care for the poor.When the union found out about the plans they fought back and organised protests and speaches, the leaders of the operations didn't appreciate this and sent Wilson (who was the leader of the union at that time) a goats head, this was a death promise. Wilson and his union d idn't back down though, this was the cause of Wilson's death, he was shot in the head. The leaders of the companies thought this would scare the union, it did. The leaders of the companies thought that this would scare the union so much that Chico would back down, but instead he did the opposite, Chico lead the union from then on.Chico Mendes and the Union fought to end this destruction of the tropical rain forest. The made many political inroads, gaining influence with the public. His main enemy was Darli Alves da Silva, a cattle rancher who had begun acquiring forest land in Acre. Darli vowed that Mendes would not live out 1988. In one protest, a man thought Chico was going to be killed by a man with a chain saw, so the man stupidly stepped infront of the chainsaw and later the man had to have his arm amputated. This made the class laugh.In many of the protest Chico told the memebers of the union to sit down and not fight back, because if they fought back, their enemies would say it was â€Å"self defence† when they harmed the inoccent union memebers. The man that was buying the forest for ranches, ambushed the union and shot a boy dead, putting 9 bullets in his body. Chico later ran for governour, his wife did not approve and she begged Chico not to draw attention to himself. Chico didn't get enough votes to become govenour and his opponent was giving away free chainsaws which made Chico lose some votes from his once loyal friends.When Chico was already a father to one child, his daughter. His wife once again became pregnant to two boys, sadly only one of his sons survived, the other passed away. When Chico went to Miami, he become more well known, which showed people about how the companies wanted to exploit the rainforest. Because Chico was becoming a threat to the companies plans, people came to negotiate what was going to happen,†For a negotiation, there needs to be a give, and a take. † Explained one of the men. â€Å"Fine, give us back or land, and take away the chainsaws. † Replied Chico as he laughed at his own joke.The men, after alot of negotiating decided that the land would be reserved for the rubber tappers and each generation off them. When the negotation was over, Darli and his family were chased of the land. Darli, obviously he was angry about this and supposedly sent Chico a death threat, once again, it came in the form of a goat's head. Chico, his wife, and two policemen assigned to guard him were playing cards at his home on December 22, 1988. Chico stepped outside for a moment and was killed by a shotgun blast to the chest from a waiting assassin.The local police claimed no clues or suspects in the case, but local and international protests forced the Brazilian government to enter the investigation. Evidence led them to the ranch of Darli da Silva. In the summer of 1989 indictments for murder were handed down to Darli da Silva, his son Darci Pereia da Silva, and Jerdeir Pereia, one of da S ilva's ranch hands. Testimony indicated that Darli ordered the murder and that Darci supervised as Jerdeir carried out the plot. There is evidence that other prominent ranchers may have been involved in the plot, and they are currently under investigation.

Religious Differences in the Early New England Colonies Essay

New England Colonies were established by people who were exile because of their religious beliefs, Most were known as separist. Most wanted to escapes and break free from the Anglican Church which was also known as the Church of England. They wanted the freedom to worship God in their own way. Yet, they however did not want to extend the freedom to everyone. Those who wanted to â€Å"purify† the Church of England were known as the puritans. They believe the Church of England was too similar to the Catholics in structure and ceremony. The puritans specially were intolerant to those who did not believe in their beliefs. The puritans were known as the non separists, the separists were people who wanted to completely break free from the Church of England. Also there was a group called the Antinomians in which Anne Hutchinson and her supporters opposed to the rule of law. The Quakers whom believed that they did not need to learn from ministry, since one person’s interpretation of the scripture was as valid as anyone else’s. It was religions such as these and others that caused different people to break free and go to different parts of the New World so that they can be free to practice their beliefs, In the new world most were able to practice their own beliefs while yet some were exiled, driven out, or accepted into their colonies. Regardless of which, religion was the common factor for people leaving the old world and forming New England Colonies in the New World.

Law and Cases

Page 1 All ER Reprints/[1914-15] All ER Rep /Hickman v Kent or Romney Marsh Sheep Breeders' Association and another – [1914-15] All ER Rep 900 Hickman v Kent or Romney Marsh Sheep Breeders' Association and another [1914-15] All ER Rep 900 Also reported [1915] 1 Ch 881; 84 LJ Ch 688; 113 LT 159; 59 Sol Jo 478 CHANCERY DIVISION ASTBURY J 4, 25 MARCH 1915 31 MARCH 1915 Arbitration – Submission – Article of company – Application for membership of company and acceptance Rule for all disputes between company and members to be referred.Company – Articles – Effect – Contract between members and company and between members inter se. In 1905 the plaintiff was elected a member of the defendant association, and he then agreed to conform to its rules and regulations. By art 49 of the articles of association differences between the association and any of its members relating to any of the affairs of the association must be referred to the decision o f an arbitrator.In 1914 the plaintiff issued a writ against the association and its secretary claiming injunctions and declarations in respect of matters which related to the affairs of the association and for certain other relief, which in substance was to enforce his rights under the articles. On an application by the defendants for a stay of the action pursuant to s 4 of the Arbitration Act, 1889, and to refer the matters in dispute to arbitration in accordance with the terms of art 49,Held: (i) art 49 must be treated as a statutory agreement between the members and the association as well as between themselves inter se, and it constituted a submission to arbitration within the Arbitration Act, 1889; (ii) the application for membership by the plaintiff and its acceptance by the association constituted a contract between the plaintiff and the association by which the plaintiff agreed in writing to conform to the regulations of the association, one of which regulations was that all ifferences between the association and a member should be submitted to arbitration, and that contract also constituted a submission to arbitration; therefore, on both those grounds a stay of the action would be granted. Notes Applied: Anglo-Newfoundland Development Co v R, [1920] 2 KB 214. Considered: Agricultural Wholesale Society v Biddulph and District Agricultural Society, [1925] Ch 769; Beattie v Beattie, Ltd, [1938] 3 All ER 214. Applied: Kanssen v Rialto (West End) Ltd, [1944] Ch 154. Considered: Rayfield v Hands, [1958] 2 All ER 194.Referred to: London Sack and Bag Co v Dixon and Lugton, Ltd, [1943] 2 All ER 763. As to the effect of memoranda and articles of association, see 6 HALSBURY'S LAWS (3rd Edn) 127-130, and for cases see 9 DIGEST (Repl) 85-88. As to submissions to arbitration and stay of proceedings, see 2 Page 2 HALSBURY'S LAWS (3rd Edn) 3 et seq, and for cases see 2 DIGEST (Repl) 421 et sec. For Companies Act, 1948 see 3 HALSBURY'S STATUTES (2nd Edn) 452, and for Arbitration Act, 1950, see ibid, vol 29, p 89. Cases referred to: 1) Willesford v Watson (1873) 8 Ch App 473; 42 LJ Ch 447; 28 LT 428; 37 JP 548; 21 WR 350, LC & LJJ; 2 Digest (Repl) 452, 190a. (2) Re Tavarone Mining Co, Pritchard's Case (1873) 8 Ch App 956; 42 LJ Ch 768; 29 LT 368; 21 WR 829, LJJ; 9 Digest (Repl) 85, 362. (3) Melhado v Porto Alegre Rail Co (1874) LR 9 CP 503; 43 LJCP 253; 31 LT 57; 23 WR 57; 9 Digest (Repl) 53, 152. (4) Eley v Positive Government Security Life Assurance Co (1875) 1 ExD 20; 45 LJQB 50; 33 LT 743; 24 WR 252; affirmed (1876) 1 ExD 88; 45 LJQB 451; 34 LT 190; 24 WR 338, CA; 9 Digest (Repl) 87, 372. 1914-15] All ER Rep 900 at 901 (5) Browne v La Trinidad (1887) 37 Ch D 1; 57 LJ Ch 292; 58 LT 137; 36 WR 289; 4 TLR 14, CA; 9 Digest (Repl) 87, 374. (6) Kelner v Baxter (1866) LR 2 CP 174; 36 LJCP 94; 15 LT 213; 15 WR 278; sub nom Kelmer v, Baxter, 12 Jur NS 1016; 9 Digest (Repl) 682, 4498. (7) Re Famatina Development Coops, Ltd, [1914] 2 Ch 271; 84 LJ Ch 48 ; 30 TLR 696, CA; 10 Digest (Repl) 978, 6731. (8) MacDougall v Gardiner (1875) 1 Ch D 13; 45 LJ Ch 27; 33 LT 521; 24 WR 118, CA; 9 Digest (Repl) 619, 4130. (9) Pender v Lushington (1877) 6 Ch D 70; 46 LJ Ch 317; 9 Digest (Repl) 609, 4039. 10) Imperial Hydropathic Hotel Co, Blackpool v Hampson (1882) 23 Ch D 1; 49 LT 150; 31 WR 330, CA; 9 Digest (Repl) 553, 3655. (11) Johnson v Byttle's Iron Agency (1877) 5 Ch D 687; 46 LJ Ch 786; 36 LT 528; 25 WR 548, CA; 9 Digest (Repl) 350, 2243. (12) Bradford Banking Co, Ltd v Briggs & Co, Ltd (1886) 12 App Cas 29; 56 LJ Ch 364; 56 LT 62; 35 WR 521; 3 TLR, 170, HL; 9 Digest (Repl) 85, 363. (13) Word v Odessa Waterworks Co (1889) 42 Ch D 636; 58 LJ Ch 628; 37 WR 733; 5 TLR 596; 1 Meg 265; 9 Digest (Repl) 86, 364. (14) Salmon v Quin and Axtens, Ltd, [1909] 1 Ch 311; 78 LJ Ch 367; 100 LT 161; 25 TLR 164; 53 Sol JoPage 3 150, CA; affirmed sub nom Quin and Axtens, Ltd v Salmon, [1909] AC 442; 78 LJ Ch 506; 100 LT 820; 25 TLR 590; 53 Sol Jo 575; 16 Man s 230, HL; 9 Digest (Repl) 498, 3283. (15) Welton v Saffery, [1897] AC 299; 66 LJ Ch 362; 76 LT 505; 45 WR 508; 13 TLR 340; 41 Sol Jo 437; 4 Mans 269, HL; 9 Digest (Repl) 203, 1293. (16) Bisgood v Henderson's Transvaal Estates, Ltd, [1908] 1 Ch 743; 77 LJ Ch 486; 98 LT 809; 24 TLR 510; 52 Sol Jo 412; 15 Mans 163, CA; 9 Digest (Repl) 201, 1288. (17) Re Lewis, Ex parte Munro (1876) 1 QBD 724; 45 LJQB 816; 35 LT 857; sub nom R v Munro, Re Lewis, 24 WR 1017, DC; 42 Digest 126, 1211. 18) Caerleon Tinplate Co v Hughes (1891) 60 LJQB 640; 66 LT 118; 7 TLR 619; 2 Digest (Repl) 423, 27. (19) Baker v Yorkshire Fire and Life Assurance Co, [1892] 1 QB 144; 61 LJQB 838; 66 LT 161; 2 Digest (Repl) 423, 28. Also referred to in argument: Morgan v W Harrison, Ltd, [1907] 2 Ch 137; 76 LJ Ch 548; 97 LT 445, CA; 2 Digest (Repl) 445, 170. Borland's Trustee v Steel Bros & Co, Ltd, [1901] 1 Ch 279; 70 LJ Ch 51; 47 WR 120; 17 TLR 45; 9 Digest (Repl) 99, 446. Re Wheat Buller Consols (1888) 38 Ch D 42; sub n om Re Wheal Buller Consols Ltd, Ex parte Jobling, 57 LJ Ch 333; 58 LT 823; 36 WR 723; 4 TLR 282, CA; 9 Digest (Repl) 469, 3071.Adjourned Summons by which the defendants applied for a stay of the action under s 1 of the Arbitration Act, 1889 [see now s 4 of the Arbitration Act, 1950]. The defendants, the Kent or Romney Marsh Sheep Breeders' Association and their secretary, W W Chapman, applied for an order staying all proceedings in the action pursuant to s 4 of the Arbitration Act, 1889, and referring the matters in dispute in the action to arbitration under art 49 of the articles of association of the association.The Kent or Romney Marsh Sheep Breeders' Association was incorporated under the Companies Acts in the year 1895 as an association not for profit, the defendant [1914-15] All ER Rep 900 at 902 W W Chapman having been the secretary since the incorporation of the association. On 8 November 1905, the plaintiff, Alfred John Hickman, wrote to Chapman as such secretary stating he wished to become a member of the association, and in reply on 10 November 1905, Chapman wrote to the plaintiff inclosing a form of application for membership.This form, completed and signed by the plaintiff, was received by Chapman on or about 12 November 1905, and was as follows: Page 4 â€Å"Kent or Romney Marsh Sheep Breeders' Association (Incorporated). – Application form for membership. – I, Alfred J Hickman, of Court Lodge, Egerton, in the county of Kent, am desirous of becoming a member of the Kent or Romney Marsh Sheep Breeders' Association (Incorporated) as a flock owner, and I engage when elected to pay the entrance fees, annual subscriptions, nd such fees for entry of ewe flocks and individual sheep as may then be in force or subsequently adopted, together with all such costs for inspection and tattooing as may be sanctioned by the council for the time being, and to conform to the rules and regulations of the association until I by notice in writing to the secretary cease to be a member of the association. – Signature, ALFRED J HICKMAN. – Dated Nov 11, 1905. † The plaintiff was elected a member of the association on 12 December 1905, and he was informed of such election by letter on 14 December 1905.By art 49 of the articles of association of the defendant company: â€Å"Whenever any difference arises between the association and any of the members touching the true intent or construction or the incidents or consequences of these presents or of the statutes, or touching anything then or thereafter done, executed, omitted, or suffered in pursuance of these present, or of the statutes, or touching any breach or alleged breach of these presents, or any claim on account of any such breach or alleged breach, or otherwise relating to the premises or to these presents, or to any statute affecting the association, or to any of the affairs of the association, every such difference shall be referred to the decision of an ar bitrator to be appointed by the parties in difference or if they cannot agree upon a single arbitrator, to the decision of two arbitrators, of whom one shall be appointed by each of the parties in difference, or an umpire to be appointed by the two arbitrators. â€Å"On 18 December 1914, the plaintiff issued the writ in the present action claiming, inter alia, an injunction to restrain the defendants from taking any steps to expel him from the association or doing any act or acts in derogation of his rights as a member of the association, and damages for refusing to register his sheep, and a declaration that he was entitled to have his sheep registered. A summons for directions was issued, but before it was heard or any further step taken is the action, the defendant association and Chapman issued this summons far the hearing of an application by them that all further proceedings be stayed, pursuant to s 4 of the Arbitration Act, 1889, and that the matters in question in the action should be referred to arbitration in accordance with art 49 of the articles of the association.By s 4 of the Arbitration Act, 1889 [see now Arbitration Act, 1950, s 4]: â€Å"If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court, or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred is accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, [1914-15] All ER Rep 900 at 903 and still remains, ready and willing to do all things necessary to the proper conduct of the arbitrat ion, may make an order staying the proceedings. † By s 27 [see s 32 of Act of 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. â€Å"By s 14(1) of the Companies (Consolidation) Act, 1908 [see now s 20 of Companies Act, 1948]: â€Å"The memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe all the provisions of the memorandum and of the articles, subject to the provisions of this Act. † Page 5 Micklem, KC, and F Hinde for the defendants. Frank Russell, KC, and HS Simmons for the plaintiff in the action. Cur adv vult, 31 Mar 1915 ASTBURY J: (read the following judgment) This is a summons by the defendants to stay proceedings in the action under s 4 of the Arbitration Act, 1889 [see now s 4 of Arbitration Act, 1950].The plaintiff, by his writ in the action, which is brought against the defendant association and their secretary, claims injunctions, a declaration, and certain other relief in respect of matters which arise out of and relate solely to the affairs of the association, which relief is, in substance, to enforce the plaintiff's rights under the articles of association of the defendant company. It is admitted by the plaintiff that the action is against, the association and the second defendant as its officer, and no point is made by the plaintiff of there being two defendants. The association is a limited company registered under the Companies' Acts, and by its memorandum of association it is provided (inter alia) that the objects of the association are â€Å"the encouragement of the breeding of Kent or Romney Marsh sheep at home and abroad and the maintenance of the purity of the breed† Further: The es tablishment and publication of a flock book of recognised and pure-bred sires which have been used, or ewes which have been bred from, and of such other flock books (if any) which the council may think fit and the annual registration of the pedigrees of such sheep as are proved to the satisfaction of the council to be eligible for entry. †¦ The undertaking of the arbitration upon and settlement of disputes and questions relating to or connected with Kent or Romney Marsh sheep and the breeding thereof, and for other subsidiary purposes. † By art 49 disputes between the association and any of its members are to be referred to arbitration.This is a common form of article in private companies, and, the objects of the association being what they are, it and its members might he seriously prejudiced by a public trial of their disputes. If this summons fails, as the plaintiff contends that it should, these arbitration clauses in articles are of very little, if any, value. The pl aintiff became a member of the association in 1905. It is clear on the authorities that if there is a submission to arbitration within the meaning of the Arbitration Act there is a prima facie duty cast upon the court to act upon such an agreement: per LORD SELBORNE in Willesford v Watson (1) 8 Ch App at p 480.In the present case the defendants contend, first, that art 49, dealing as it does with the members of the company in their capacity of members only, constitutes a submission within the meaning of the Arbitration Act, or, alternatively, that the contract contained in the plaintiff's application for membership and the company's [1914-15] All ER Rep 900 at 904 acceptance of it amounts to such a submission. The plaintiff contests both these propositions. Independently Page 6 of the particular dispute in this case, the arguments, especially upon the first of these contentions, have raised questions of far-reaching importance and of great difficulty. I will deal with the question a s to the effect of art 49 first. Section 14(1) of the Companies (Consolidation) Act, 1908 [see new s 20(1) of Companies Act, 1948], says: The memorandum and articles shall, when registered, bind the company and members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe, all the provisions of the memorandum and of the articles, subject to the provisions of this Act† It is laid down in text-books of the highest authority that the articles are not a contract between the members and the company, but a contract with the other members. The articles are a contract only as between the members inter se in respect of their rights as shareholders.The exact nature of this covenant – that is, the covenant referred to in s 14 – has given rise to considerable discussion and is even now very difficult to define; but it is now settled that it is not equivalent to a contract between the company, on the one part, and the members, on the other, on which either a member can sue the company or the company can sue a member. The principal authorities in support of these propositions are Re Tavarone Mining Co, Pritchard's Case (2); Melhado v Porto Alegre Rail Co (3); Eley v Positive Government Security Life Assurance Co (4); and Browne v La Trinidad (5) In Pritchard's Case (2) by the articles of association of a mining company it was provided that the company should immediately after incorporation enter into an agreement with the vendor of the mine for the purchase of the mine, and the price was fixed.The articles were signed by the vendor and six other persons, and the directors allotted shares to the vendor, but no further agreement was made with him. It was held, affirming the decision of WICKENS, V-C, that the articles of association did not constitute a contract in writing between the vendor and the company within s 27 of the Companion Act, 1867, and that certain shares should not, therefore, be considered as fully paid up. MELLISH, LJ, in giving judgment, said (8 Ch App, at p 960): â€Å"But I am of opinion that the articles of association cannot be considered as a contract in writing between De Thierry and the company for the sale of the mine to them.It may no doubt be the case if no other contract was entered into, and if De Thierry signed these articles and they were acted upon, that a court of equity would hold that as between him and the company – from their acting upon it – there was a binding contract; but in themselves the articles of association are simply a contract as between the shareholders inter as in respect of their rights as shareholders. They are the deed of partnership by which the shareholders agree inter se. † In Melhado v Porto Alegre Rail Co (3) the articles of association of a joint stock company provided that the company should defray such expens es incurred in its establishment as the directors should consider might be deemed and treated as preliminary expenses to an amount not exceeding a sum named. The plaintiffs, who were promoters of the company, had incurred preliminary expenses in its establishment, and it was held that no action would lie at the suit of the plaintiffs against the company under the articles. LORD COLERIDGE, CJ, said (LR 9 CP at p 505): The action is brought on a clause in the articles of association, by which the directors are authorised to pay certain expenses if they should consider them [1914-15] All ER Rep 900 at 905 to be properly deemed preliminary expenses. The declaration avers that all conditions were. performed, necessary to entitle the plaintiffs to be paid, their expenses; and therefore I think we must take it that, they, were expenses which, if the directors had thought proper to pay then the articles would have justified them in paying. The question therefore is whether an action will li e for the payment of these expenses, in pursuance of the articles of association, to which the plaintiffs were not parties.I have come to the conclusion that no such action will lie – I must say somewhat reluctantly, because though I wish to â€Å"press no opinion on the merits of this particular case, having no materials for forming such Page 7 an opinion, it does seem just, in general, if a company takes the benefit of the work and expenditure by which its existence has been rendered possible, and voluntarily comes into existence on the terms that it shall be liable to pay for such work and expenditure, that a cause of action should be given. I can find, however, no legal principle upon which such an potion can be maintained. It appears to me that there is no contract between the plaintiffs and the defendants.The doctrine of ratification is inapplicable, for the reasons given in the judgments in Kelner v Baxter (6). † MELLOR, J, said (ibid at p 506): â€Å"The plain tiffs were not in any way parties to the articles of association, and there was not, therefore, any express contract to pay them. † BRETT, J, said (ibid at p 507): â€Å"There is no contract, in my judgment, of any sort upon which they can sue, and unless there be a contract of some sort between them and the company I do not see that they can have any cause of action. No contract made with them before the existence of the company can be ratified by the company for the reasons pointed out in the case of Kelner v Baxter (6) with which I fully agree. â€Å"In Eley v Positive Government Security Life Assurance Co (4) the articles of association contained a clause in which it was stated that the plaintiff, a solicitor, should be the solicitor to the company and transact its legal business. The article were registered and the company incorporated. The plaintiff was not appointed solicitor by any resolution of the directors, nor by any instrument bearing the seal of the company, th at he acted as such for a time. Subsequently the company ceased to employ him, and he brought an action for breach of contract against the company for not employing him as its solicitor. The first count of the declaration stated that it was agreed by and between the plaintiff and the defendants that the plaintiff should be employed by the defendants as, and appointed by them to the office of, solicitor of the company.During the argument it was contended that the contract declared for was not the contract purported to be contained in the articles. AMPHLETT, B, in his judgment, said (1 ExD at pp 26, 28): â€Å"The articles, taken by themselves, are simply a contract between the shareholders inter se, and cannot, in my opinion, give a right of action to a person like the plaintiff, not a pasty to the articles, although named therein. If authority were wanted for this proposition, the cases cited in the argument, Pritchard's Case (2) and Melhado v Porto Alegre Rail Co (3) are, in my op inion, quite conclusive on the subject. †¦ For these reasons, I think that there was no contract at all between the plaintiff and the company to the effect stated in the declaration. â€Å"CLEASBY, B, confined his judgment to the last points raised in the case and said (ibid at p 30): â€Å"I am of opinion that cl 118 of the articles cannot by itself be taken to operate as a contract between the solicitor and the company. † [1914-15] All ER Rep 900 at 906 KELLY, CB, said (ibid at pp 31, 32): â€Å"I forbear to pronounce any opinion as to whether these articles, with the fact of the subsequent employment, constitute a contract on the terms contained in them, because, were I to so hold, there would be a difficult question behind, whether it was not ultra vires for the directors to attempt to bind the company to employ a solicitor to transact, for all his life, all the legal business of the company.Passing by this, I come to consider the objection raised under s 4 of the Statute of Frauds. I do not see how anyone can doubt that this agreement was not to be performed within a year. It was for the life of the plaintiff, subject to a defeasance on the possibility of his being guilty of some misconduct. But, assuming, as I think we must, that this was not to be performed in a year, the question arises whether there is any memorandum or note in writing of it signed by the defendants. The signatures affixed to the articles were she intuitu and it can hardly be suggested that the directors had any idea that in signing the articles they were signing a note of this contract. † Page 8This case went to the Court of Appeal, and LORD CAIRNS, LC, said (1 ExD at pp 89, 90): â€Å"I wish to say, in the first place, that in my opinion a contract of the kind suggested to exist in this case ought not to receive any particular favour from the court. The statement is that Baylis was endeavouring to form a joint stock insurance company upon a new principle, and ap plied to the plaintiff to make advances to meet the expenses of getting up the company, and it was arranged between them that in the event of the company being formed the plaintiff should be appointed permanent solicitor to the company. That is to say, a bargain is made between a professional man and Baylis, which, so far as the case is concerned, does ot appear to have been communicated to those who were invited to join the company, that if the former will advance money for the formation of the company he shall be appointed permanent solicitor, and the company shall be obliged to employ him as their professional adviser. When the articles are prepared, they are so by the plaintiff, and in them he inserts a clause which no doubt informs those who signed the articles of the arrangement, but does not appear to have been brought to the notice of those who joined from receiving circulars. This, I repeat; is not a proceeding which the court would encourage in any way. I also wish to rese rve my judgment as to whether a clause of this kind is obnoxious to the principles by which the courts are governed in deciding on questions of public policy. †¦ This case was first rested on the 118th article.Articles of association, as is well known, follow the memorandum, which states the object of the company, while the articles state the arrangement between the members. They are an agreement inter socios, and in that view, if the introductory words are applied to art 118, it becomes a covenant between the parties to it that they will employ the plaintiff. Now, so far as that is concerned, it is res inter alios acts, the plaintiff is no party to it. No doubt he thought that by inserting it he was making his employment safe as against the company, but his relying on that view of the law does not alter the legal effect of the articles. This article is either a stipulation which would bind the members or else a mandate to the directors.In either case it is a matter between the directors and shareholders, and not between them and the plaintiff. † In Browne v La Trinidad (5) before the formation of the company an agreement was entered into between B. and a person as trustee for the intended company by which it was stipulated (inter alia) that B should be a director and should not be removable till after 1888. The sixth clause of the articles provided that the directors should adopt and carry into effect the agreement with or without modification, and that subject to such modification (if any) the provisions of the agreement [1914-15] All ER Rep 900 at 907 should be construed as part of the articles.The agreement was acted upon, but no contract adopting it was entered into between the plaintiff and the company. Held, that treating the agreement as embodied in the articles, still there was no contract between B and the company that he should not be removed from being a director, the articles being only a contract between the members inter as, and not b etween the company and B COTTON, LJ, towards the end of his judgment, said (37 Ch D at pp 13, 14): â€Å"Assuming that an unlimited power is given to the meeting by art 91, ought we, having regard to the contract entered into by the memorandum of Nov 24, 1884, and art 6, to interfere by injunction to restrain the company in general meeting from acting under that power?I do not give any opinion upon the question how far the court would have interfered by injunction in order specifically to enforce an agreement between the company and the plaintiff that he should be an irremovable director. That point raises questions upon which I should not like to give any opinion without having them fully discussed. In my opinion we ought not to interfere in the present case, because there is no such contract between the plaintiff and the company. The memorandum of agreement of Nov 24, 1884, is in no way a contract between the plaintiff and the company. It is said that it was adopted and incorpora ted into the articles, but I cannot accede to that. The company by its directors acted upon the agreement, but that does not make it binding on the company.Then is it incorporated into the articles in such a way as to entitle the plaintiff to say, ‘I have such a contract between me and the company as can be enforced by a court of law, and as I might enforce in equity by way of specific performance'? That point is clearly settled, I think, by Eley v Positive Government Security Life Assurance Co (4). There two of the members of the court of first instance held, and the other member did not express dissent, that the articles are merely a contract between the shareholders inter se, and that though a person in whose favour a stipulation is made in the articles may afterwards have shares allotted to him, he does not by that means become in the same position as if he had entered into a contract with the company. † LINDLEY, LJ, said: â€Å"Having regard to the construction put upon s 16 of the Companies Act of 1862 in the case of Eley v.Positive Government Security Life Assurance Co (4) and subsequent cases, it must be taken as settled that the contract upon which he relies is not a contract upon which he can maintain any action, either on the common law side or the equity side. There might have been some difficulty in arriving at that conclusion if it had not been for the authorities, because it happens that this gentleman has had shares allotted to him, and is therefore a member of the company. Having regard to the terms of s 16, there would be some force, or, at all events, some plausibility, in the argument that, being a Page 9 member, the contract which is referred to in the articles has become binding between the company and him.Of course, that argument is open to this difficulty, that there could be no contract between him and the company until the shares were allotted to him, and it would be remarkable that upon the shares being allotted to him a contract between him and the company, as to a matter not connected with the holding of shares, should arise. † In these four cases the article relied upon purported to give specific contractual rights to persons in some capacity other than that of shareholder, and in none of them were members seeking to enforce or protect rights given to them as members in common with the other corporators. The actual decisions amount to this, that an outsider to whom rights purport to be given by the articles in his capacity as such outsider, whether he subsequently becomes a member or not, [1914-15] All ER Rep 900 at 908 cannot sue on such articles treating them as contracts between himself and the company to enforce such rights.Such rights are not part of the general regulations of the company applicable alike to all shareholders and can only exist by virtue of some contract between such non-member and the company, and the subsequent allotment of shares to an outsider in whose favour such an article is inserted does not enable him to sue the company on such an article to enforce rights which are res inter alios acta and not part of the general rights of the corporators as such. The language of some of the judgments appears, however, to go further, as recognised, for instance, by SARGANT, J, in Re Famatina Development Corpn (7) ([1914] 2 Ch at p 279). The wording of s 14(1) of the Companies (Consolidation) Act, 1908, which is in the same terms as s 16 of the Act of 1862 [see now s 20(1) of Companies Act, 1948], is difficult to construe or understand. The company cannot in the ordinary course be bound otherwise than by statute or contract, and it is in this section that its obligation must be found, so far as the members are concerned.The section does not say with whom they are to be deemed to have covenanted, but the section cannot mean that the company is not to be bound when it says it is to be bound, as if, , nor can the section mean that the members are to be unde r no obligation to the company under the articles in which their rights and duties as corporators are to be found. Much of the difficulty is removed if the company be regarded, as the framers of the section may very well have so regarded it, as being treated in law as a party to its own articles. It seems clear from other authorities that a company is entitled as against its members to enforce and restrain breaches of its regulations: see, for example, MacDougall v Gardiner (8) Pender v Lushington (9) and Imperial Hydropathic Hotel Co, Blackpool v Hampson (10). In the last case BOWEN, LJ, said (23 Ch D at p 13): â€Å"The articles by s 16 are to bind the company and all the shareholders as much as if they had all put their seals to them. â€Å"It is also clear from many authorities that shareholders as against their company can enforce and restrain breaches of its regulations, and in many of these cases judicial expressions of opinion appear which, in my judgment, it is impossible to disregard. In Johnson v Lyttle's Iron Agency (11) in an action by a shareholder against the company, JAMES, LJ, said (5 Ch D at p 693): â€Å"The notice did not comply strictly with the provisions of the contract between the company and the shareholders which is contained in the regulation of Table A† In Bradford Banking Co, Ltd v Briggs & Co, Ltd (12) the articles gave the company a lien on its members' shares, and, in an action by the company to enforce such lien, LORD BLACKBURN said (12 App Cas at p 33): Page 10 The only one of the articles of association which I think it material to notice is the 103rd article, which is as follows: ‘The company shall have a first and permanent lien and charge, available at law and in equity, upon every share of every person who is the holder or one of several joint owners thereof for all debts due from him, either alone or jointly with any other person, whether a shareholder or not in the company. ‘ John Faint Easby, a coa l merchant, became a proprietor of a number of shares in the respondent company, and obtained certificates for them. This property in the shares was, by virtue of s 16 of the Companies Act, 1862, already quoted, I think, bound to the company as much as if he had (at the time he became holder of these shares) executed a covenant to the company in the same terms as art 103, but I do not think it was bound any further. † [1914-15] All ER Rep 900 at 909In Wood v Odessa Waterworks Co (13) which was an action by the plaintiff on behalf of himself and all other shareholders against the company, STIRLING, J, said (42 Ch D at p 642): â€Å"The articles of association constitute a contract not merely between the shareholders and the company, but between each individual shareholder and every other. † In Salmon v Quin and Axtens, Ltd (14) FARWELL, LJ, referring to this last statement, said ([1909] 1 Ch at p 318): â€Å"I think that that is accurate subject to this observation, tha t it may well be that the court would not enforce the covenant as between individual shareholders in most cases. † In Welton v Saffery (15) LORD HERSCHELL, who dissented on the main question from the rest of the House, made the following general observation ([1897] AC at p 315): â€Å"Section 16 of the Act of 1862 provides that the articles of association, when registered, shall bind the company and the members hereof to the same extent as if each member had signed his name and affixed his seal thereto, and there were in such articles contained a covenant on the part of himself, his heirs, executors, and administrators, to conform to all the regulations contained in such articles, subject to the provisions of this Act. The articles thus become in effect a contract under seal by each member of the company, and regulate his rights. They cannot, of course, diminish or affect any liability created by the express terms of the statute; but, as I have said, the statute does not purp ort to settle the rights of the members inter se; it leaves these to be determined by the articles (or the articles and memorandum together) which are the social contract regulating those rights. I think it was intended to permit perfect freedom in this respect.It is quite true that the articles constitute a contract between each member and the company, and that there is no contract in turns between the individual members of the company; but the articles do not any the less, in my opinion, regulate their rights inter se. Such rights can only be enforced by or against a member through the company, or through the liquidator representing the company; but I think that no member has, as between himself and another member, any right beyond that which the contract with the company gives. † In all these last-mentioned cases the respective articles sought to be enforced related to the rights and obligations of the members generally as such, and not to rights of the character dealt with in the four authorities first above referred to.It is difficult to reconcile these two classes of decisions and the judicial opinions therein expressed, but I think this much is clear – first, that no article can constitute a contract between the company and a third person; secondly, that no right merely purported to be given by an article to a person, whether a member or not, in a capacity other than that of a member, as, for instance, as solicitor, promoter, or director, can be enforced against the company; and, thirdly, articles regulating the rights and obligations of the members generally as such do create rights and obligations between them and the company respectively. Page 11 In Bisgood v Henderson's Transvaal Estates, Ltd (16) BUCKLEY, LJ, said ([1908] 1 Ch at p 759): â€Å"The purpose of the memorandum and articles is to define the position of the shareholder as shareholder, not to bind him in his capacity as individual. † By s 27 of the Arbitration Act, 188 9 [see now s 32 of Arbitration Act, 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. † [1914-15] All ER Rep 900 at 910The defendant's first contention is that art 49 is, on the authorities, a written agreement within the meaning of this section. In Re Lewis, Ex parte Munro (17) which was an action on the Attorneys and Solicitors Act, 1870, it was held that: â€Å"A document containing the terms of an agreement as to the amount of costs payable by a client to his solicitor, assented to by the client, but signed by the solicitor only, is not ‘an agreement in writing' within the Attorneys and Solicitors Act, 1870. † LORD COLERIDGE, CJ, said: â€Å"It is quite clear that there was no agreement in writing within s 4 of the Act. †¦ An ‘agreement in writing' within s 4 must be an agreement by both parties, and both parties must sign their names upo n the agreement. â€Å"In Caerleon Tinplate Co v Hughes (18) in an action for the price of goods sold, the bought note signed by the defendants contained a provision for arbitration in case of dispute, while the sold note signed by the plaintiff contained no such provision. It was held that there was no submission within the meaning of the Act, for an agreement to submit to arbitration must be in writing and signed by both parties. Re Lewis (17) was referred to, and DENMAN, J, referring to s 27 of the Arbitration Act, 1889, said (60 LJQB at p 641): â€Å"In my judgment, there can be no written agreement unless in writing signed by the parties as their agreement, and that ‘written agreement' means one in which the terms on both sides are reduced into writing.It is useless to discuss the doctrines here, for the bought and sold notes differ in the essential particular that the former contains a provision which is wholly absent in the latter. † WILLS, J, said (ibid): †Å"Supposing there were a contract and the parties were ad idem [which in fact they were not in this case] yet there was no submission under the Act unless there was an agreement in writing by both parties. Re Lewis, Ex parte Munro (17) is conclusive on this point. In the present case the agreement is to be in writing under s 27, and we must hold that both parties must sign their names to it; otherwise there might be a conflict of evidence, and a discussion as to what was understood by either party. â€Å"In Baker v Yorkshire Fire and Life Assurance Co (19) an action was brought on a fire policy which was executed in the usual way by the company, but not by the assured, and it was held that the policy, though not signed by the plaintiff, amounted to a submission to arbitration within the meaning of the Act LORD COLERIDGE, CJ, who had been a party to Re Lewis (17) said ([1892] 1 QB at pp 145, 146): Page 12 â€Å"The plaintiff sues on the policy, and by so suing affirms it to be his contract; he cannot disaffirm a part of the very contract on which he is suing. He contends that in order to bring into operation the arbitration clause contained in the policy, the policy must be signed by both parties; but the Act of Parliament says nothing of the kind, and the only apparent justification for the contention is to be found in Caerleon Tinplate Co v Hughes (18). That decision must be interpreted, however, with regard to the particular facts of that case.There was there no complete contract; the two documents constituting the contract differed materially in their terms, and the court said it was plain that the parties were never ad idem. † A L SMITH, LJ, said (ibid at pp 146, 147): â€Å"It is said, however, that by the interpretation clause a submission must be a written agreement to refer disputes to arbitration. This, however, is not a [1914-15] All ER Rep 900 at 911 higher interpretation than was necessarily put on the language of the old Act, under which it was the universal practice to refer these cases, and does not mean that in all cases the written agreement to refer must be signed by both parties. It is quite unnecessary to say more as to the decision in Caerleon Tinplate Co v Hughes (18) than that it turned entirely upon the peculiar facts of the case. â€Å"The result of these decisions is, I think, that if the submission is in writing and is binding on both parties as their agreement, or as the equivalent in law to an agreement between them, the statute is satisfied. In the present case the plaintiff's action is, in substance, to enforce rights as a member under the articles against the company. The 49th article is a general article applying to all the members as such, and, apart from technicalities, it would seem reasonable that the plaintiff ought not to be allowed, in the absence of any evidence filed by him, to proceed with an action to enforce his rights under the articles which in itself is a breach of his obligation contained therein to submit his disputes with the company to arbitration, and, if the case falls within the Act, I see no reason for exercising my discretion under s 4 in his favour.In my judgment, art 49, for the reasons above referred to, creates rights and obligations enforceable as between the plaintiff and the company respectively, and such rights and obligations are contained in a written document, but whether such document is a contract or agreement between the plaintiff and the defendants within s 27 of the Arbitration Act, 1889, depends upon whether the decision in Eley v Positive Government Security Life Assurance Co (4) and the other cases of a similar character above referred to ought to be regarded as only dealing with and applying to articles purporting, first, to contain an agreement with the company and a third person, or, secondly, to define the rights of a shareholder in some capacity other than that of a member of the company.To reconcile the decisions and express ions of judicial opinion above mentioned, some such view should, I think, be adopted, and general articles dealing with the rights of members â€Å"as such† treated as a statutory agreement between them and the company as well as between themselves inter se, and in my judgment, art 49 in the present case does constitute a submission to arbitration within the true meaning and intent of the Arbitration Act. Having regard, however, to the conclusion to which I have come on the second contention raised by the defendants, it is not necessary for me to base my decision upon this ground alone and upon the opinion I have so expressed.The defendants' second contention is that the contract contained in the plaintiff's application for membership, and the defendants' acceptance of it, amounts to a submission within the Act. On 8 November 1905, the plaintiff wrote to the company, through its secretary: â€Å"I wish to become a member of the Kent Sheep Breeders' Association. Will you kind ly take the necessary steps? † That was answered by a letter from the secretary, in which he said: â€Å"If you will fill in the inclosed form †¦ I shall have great pleasure in submitting it to the next council meeting. † Page 13 The form inclosed was signed by the plaintiff. It stated that the plaintiff wished to become a member of the association and agreed to pay an entrance fee, subscriptions, and fees for entry of sheep, and to conform to the rules and regulations of the association.At a meeting of the council of the association held on December 12 the plaintiff's offer was accepted and he was elected a member of the defendant company. Notice of such acceptance was given to the plaintiff in a letter of December 14 by the secretary, which informed him he was elected a member of the association at the council meeting held on the 12th. In consideration of being elected a member and of his offer to join the association being accepted, the plaintiff contracted in w riting with the association to conform to its rules and regulations. One of such regulations was a general submission to arbitration of all differences between the [1914-15] All ER Rep 900 at 912 ssociation and any of its members as such, amply wide enough to cover the matters in dispute in this action. The association at the date of the contract was already bound to each and all its corporators to act in conformity with such regulations, and was at the date of the writ in this action, and has been since, ready, and willing to so act It is submitted on behalf of the plaintiff that at the date of this contract he may have known nothing about art 49, and that as the council of the association have power under its articles to make further by-laws and regulations as to certain matters therein referred to, the plaintiff's offer may have referred to these.The plaintiff has, however, filed no evidence in support of this, and the articles not only constitute the rules and regulations of the company, but refer to the rules and regulations of the association as, contained in them, and I am unable to accept this contention. In my judgment, the contract so made between the plaintiff and the association is also a submission in writing within the true meaning and intent of the Arbitration Act, and I make an order to stay under s 4 and direct that the matters in dispute in this action be referred to arbitration accordingly. Solicitors: Walters & Co; Ernest Simmons & Co. Reported by GP LANGWORTHY, ESQ, Barrister-at-Law.