Meeting the patient’s spiritual needs

Rebecca Brown is a 35 year old mother with a gynecological cancer and currently undergoing treatment for a year now. However, her medical condition is not improving and causing alarm to her physicians and family. She is now at the end-of-life care by nurses and doctors in a hospital. In addressing her special needs, the hospital placed Rebecca under Hospice Care. Hospice care treats the person rather than the disease; it highlights quality rather than length of life. It provides family-centered care involving the patient and family in making decisions. (ACS, 2007,  ¶2). It is a philosophy that enables patients to spend their remaining days with dignity surrounded by their loved ones. Hospice treatment creates an environment where the patient is listened to and that the people around him are ready to share his concerns. One of the elements of this innovative medication is spiritual care. Evidence shows that patient facing serious illness would shift attention from biomedical to spiritual sources for answer and comfort. At this stage, they would ask spiritual questions and reflect the meaning of life. Dying patients generally voiced out their fear of uncontrolled pain, concern of being a financial burden to the family, anxiety of what happens after death, and worry of not being able to fix some unfinished business. Realizing all these necessities, hospitals are now integrating spiritual care services for early intervention. Spiritual Care Spiritual Care tries to answer a patient’s quest for the meaning and purpose of life, his feelings of isolation, and his interconnectedness with himself, to others and to God. It fulfills specific needs of the patient to give him strength when facing death and uncertainties. In meeting the spiritual needs of Mrs. Brown, we have shown her compassion by being attentive to her fears, hopes, pain, and dreams. We treated her as a whole person including her physical, emotional, social, and spiritual dimensions. Providing spiritual care can help Mrs. Brown cope up with her inabilities and feel close to God giving her optimism. With this support, Mrs. Brown can make sense out of her illness, acknowledge that death is near, and maintain a positive outlook. More often we grant her wish for a priest who is readily available to help in counseling and answering spiritual questions. We maintain our trustworthiness and kindness with Mrs. Brown at the same time give her inspirations by helping her understand what it means to live. We have enriched our knowledge with the Catholic faith to comprehend her spiritual needs. As a result, we have permitted Mrs. Brown to visit the chapel inside the hospital whenever she wants to, let her friends and loved ones pray with her inside her room, and attend Sunday masses where she can receive communion. In addition, she reads the Bible before sleeping at night; write her spiritual journal, and at times request for religious movies. We continue to care for her even though there is no more curative therapy available. Spiritual Assessment Spiritual assessment is essential so that medical staff may understand the religious practices of patients and be able to respect their beliefs and not impose their own religion. In this way, physicians can formulate proper strategies to enhance positive response from the patients during diagnosis and treatment. In assessing Mrs. Brown, we simply asked her a series of open-ended questions relating to her Catholic faith and the practices or rituals that are important to her. Our informal interview would revolve around the topics like death and the afterlife, her prayer life (what does she pray for), does her faith give her hope, does she feel abandoned by God, does she find comfort in her belief amidst her illness, the need to be forgiven, was she a member of religious organization within the community, what gives meaning and purpose to her life, and her personal beliefs. The information we gathered helped us determine the kind of spiritual care service we would give her. Results and Benefits. In its 1996 meeting, 90% of the American Academy of Family Physicians declared that the spiritual beliefs of patients are helpful in their medical treatment. Several studies and surveys have already shown the many benefits of spirituality in healing. The National Institute for Healthcare Research reported that those who regularly attend religious activities live longer. According to the 1998 Research in Spirituality and Health Coping, prayer is the number one non-drug method in managing pain. These findings can now be seen in Mrs. Brown’s case. After giving her spiritual care, Mrs. Brown showed signs of reduced anxiety, depression, and distress. She does not feel lonely anymore as she is constantly surrounded by her family and caring nurses. She adjusted well to follow-up treatment of her cancer and has now the confidence of enjoying life. In addition, she somehow improved her physical condition exhibiting high levels of self-respect and less worries about her health. She also demonstrated stronger coping mechanisms and personal values giving her quality of life that she now enjoys. After going through all sorts of counseling, Mrs. Brown is now capable of forgiving and be forgiven. This feeling, she said, resolved all her guilt and restored her good relationships with those she had disagreements in the past. Because of her faith, Mrs. Brown is now ready to face her final day and is very much prepared to the uncertainties she may encounter. She has already accepted her fate wherever it may lead her to. Her seven children and loving husband are likewise prepared for the event that they may not see her again. Her love grew stronger each passing day and felt the presence of God in her bedside. Despite in the worst situation, she feels good about herself. Reference (ACS) American Cancer Society, Inc. (2007). What Is Hospice Care? Making Treatment Decisions. Retrieved January 28, 2007, from http://www.cancer.org/docroot/ETO/content/ETO_2_5X_What_Is_Hospice_Care.asp?sitearea=ETO Gilbert, R. B. (2001). Health Care & Spirituality: Listening, Assessing, Caring (Death, Value and Meaning). Baywood Publishing Company, New York. ISBN-10: 0895032503 University of Virginia. (2006). The Benefits of Spiritual Care Provided by Professional Chaplains. Health System. Chaplaincy Services and Pastoral Education. Retrieved January 28, 2007, from http://www.healthsystem.virginia.edu/internet/chaplaincy/whitepapersection4.pdf            

Surface runoff

Wind and water erosion are now the two primary causes of land degradation. The most effective known method for erosion prevention is to increase cogitative cover on the land, which helps prevent both wind and water erosion. Vegetation acts as an interface between the atmosphere and the soil. It increases the permeability of the soil to rainwater, thus decreasing runoff. It shelters the soil from winds, which results in decreased wind erosion, as well as advantageous changes in micrometer.The roots of the plants bind the soil together, and interweave with other roots, forming a more solid mass that is less susceptible to both water and wind erosion. The removal of vegetation increases the rate of surface erosion. De Beats, Oppose, J. Glasses, G. , Knap, A,(2006) Effects of grass roots on the readability of topsoil during concentrated flow-Geomorphology Volvo. 76 Issue 1/2, pop-67. The results indicate a negative exponential relation between the relative soil detachment rate and root d ensity as well as root length density, independent of the applied flow shear stresses.A comparison between the effects of vegetation cover on sheet and rill erosion rates and those of the root area ratio of grass roots on relative soil detachment rates reveals that grass roots are very effective in reducing soil detachment rates. Objective of the Study This study aims to come up methods on how to reduce soil erosion in mountainous areas using locally or commonly known plants or garden plants. Some examples of these plants may be grass, corn and root crops. Specifically, it answers the following: 1) TO identify the soil losses Of the soil properties Of the plant covered land. ) To elucidate the effects of residue cover on run off and erosion. 3) To assess the likely impact of soil erosion in mountainous areas. Significance of the Study The study will provide alternative ways in mitigating soil erosion by using different commonly known plants or garden plants. It would also enumerate some ornamental plants or edible plants that can be used to mitigate erosion and that they are locally available and abundant. This study will also be beneficial to future engineering as it provides studies and information of how effective vegetation cover as a method for erosion reduction.Literature Review Soil Erosion Reduction Using Grass De Beats, Oppose,J. Glasses, G. Knap, A. (2006) studied effects of grass roots on the readability of topsoil during concentrated flow. . The main objective of the study is to investigate the impact of root density and root Engel density of grass on the readability of root-permeated saturated top soils. And found out that the results indicate a negative exponential relation Lewis, Timothy D. Rowan, John S. Hawse, Cathy McKenzie, Blair M. (2013) studied assessing the significance of soil erosion for arable weed seed bank diversity in agro-ecosystems.The main objective of the study is to assess the likely impact of soil erosion on the composition a nd abundance of the arable weed seed bank, and presents an overview of erosion mechanisms affecting arable land coupled with an outline of the main factors influencing arable deed seed bank abundance and composition. And found out that net erosion data conceal within-field sediment deposition within swales, foot slopes, buffer strips and hedgerows which provides a further dimension of spatial restructuring of weed assemblages. Seed size and shape also influence hydrodynamic behavior through selective entrainment and preferential deposition.

Meeting the psychological needs of teaching staff Essay

Meeting the psychological needs of teaching staff - Essay Example In April 2000, Pamela Relf, a teacher with over 36 year’s experience, took her life after an Ofsted inspector criticised her teaching at Middlefield Primary School in Eynesbury, Cambridgeshire. For a teacher of her experience to be criticised like this, was more than a rebuke. Pamela, the school’s senior most teachers left behind a note echoing the sentiments of many teachers, saying "I am now finding the stress of my job too much. The pace of work and the long days are more than I can do." Similarly, three other teachers have also been linked to stress, bullying and Ofsted inspections. They are Janet Watson (33) of Northwick, Cheshire, Jenny Knibb (47) of Exeter, and James Patton (29) of Birmingham. Though the numbers of casualties are unknown and definitely much more, the above cases alone characterise the heat teachers undergo in the face of prolonged stress and bullying. Though these teachers took their lives because of the workload and pressure to perform, it is ar gued that their suicide was because of mental health problem. But this can also come about due to the result of psychiatric injury caused by prolonged negative stress. Psychiatric injury is not the same as mental illness (Tim Field, 2006). The cases of stress and strain are numerous and would go beyond many, many pages. In order to understand the impact of stress and strain on teachers, the above cases were quoted. To overcome the negative thoughts of leaving the profession, teachers had to be offered perks and cordial work environment for retention.

Acquisition Strategy Research Paper Example | Topics and Well Written Essays - 500 words

Acquisition Strategy - Research Paper Example I’ll pick two of the most important ones and discuss them; Walmart and Google. Both these companies are from totally different industries and have made a benchmark for the rest of the business world. It’s not an unusual thing to hear Google taking its business to new levels by massive buyouts such as YouTube and DoubleClick, or even partnership with huge companies such as with AOL and MySpace. However, Google’s acquisition strategies are different from most of the other companies. Many of their acquisitions seem to come out of nowhere and seem totally random. The secret of Google’s success is to follow the numbers. With their data acquisition and statistical gathering technologies —Web Search, AdWords, Blog Search, Maps, GoogleBot, Finance, AdSense, and so on — Google calculates and analyze the following and then work on the acquisition strategy: Walmart has laid out its core strategies to create the â€Å"Next Generation Walmart† as the company approaches deliverance on founder Sam Walton’s dream of giving the world â€Å"an opportunity to see what it’s like to save and have a better life†. Wal-Mart mostly works on overseas acquisitions as U.S based companies acquiring would face anti-trust problems. Walmart’s biggest acquisition strategy is to move into new cities and countries and sell high range of products in low prices. After building trust among the local customers walmart goes for acquiring other companies. One of the most substantial things that play a significant role in walmart’s acquisition strategy is its goodwill. I don’t think there would be anyone in any part of globe who would not know about the walmart chain of stores. This is what helps walmart in applying their acquisition strategy and give them their desired results. In easy words; walmart Moves in, sets u p, sell high range of products in low prices, drive the competition out and take over other companies such as ASDA. Thus, acquisition

CONTINUES PAPER FOR WRITER ID 70138- LOGISTIC AND SUPPLY CHAIN Essay

CONTINUES PAPER FOR WRITER ID 70138- LOGISTIC AND SUPPLY CHAIN - Essay Example With the advent of time and increased trend of globalisation across the world, the trade barriers are fading out and favourable trade policies are promoting fast and quick exchange of goods and services (European Commission, 2010). Due to globalisation, all communication procedures have also increased their pace and this world is now considered a global village which has no boundaries or barriers of communication present. Globalisation has also increased the level of competition amongst firms, and all businesses strive in one way or the other to gain a strong competitive edge. The latest trend in the market is creation of an integrated logistics and supply chain infrastructure that is supported by the technologically advanced systems such as SAP, Enterprise Resource Planning (ERP), E-Retailing, Radio Frequency Identification (RFID) and many more (European Logistics Report, 2012). All leading corporations that are operating on an international level have ensured that they have a well-coordinated Supply Chain Management and Logistics system that will employ the best systems for procurement, warehousing, inventory management, storage and inbound and outbound logistics (Johnson & Turner, 2006). A systematic logistics and supply chain management system ensures that products are manufactured according to the requirements and in a systematic mode as well. In high demand seasons, if the supply chain is running in a systematic mode, the organisation can successfully meet its demands without any loop holes or any compromises in quality. This reflects upon the fact that a proper and systematic supply chain management system can prove to be highly advantageous for the organisation. In order to gain competitive edge in the market especially in the European market, the logistics and supply chain system has to be developed after exploiting all available options so that the

Tabacco use Essay Example | Topics and Well Written Essays - 1000 words

Tabacco use - Essay Example 250 billion this has outpaced the growth in national income and foreseeable future. Tobacco is mostly used by the young generation or the youth in the community. This population are the most focused group that have become addicts of the use of tobacco. The role of population in the community depends highly on upon the goals of the initiative, the context and leadership of the community, and the capabilities and resources available. T population is responsible for development aspects that address long term needs and promotes the community development. This would require a long term outlook on drug usage as well as paying particular attention to the group in the early years. Integrators role is not one size fits all, but rather must be flexible to adapt in response to the needs of the needs of the community or population it serves (McGuire, Leypoldt & Ward, 2007). The population availability is important to be considered since they provide basis for research of the effects of usage of tobacco I the community. With the growing population the government of the USA has passed the health care reform bill that have created incentives for health care organizations to manage more health and financial risks that are associated with the use of tobacco in the society. Discussion The youth group are found beyond any boundaries of any community therefore they exist within the available neighbourhood. But in some areas there are geographic boundaries that separate these communities, but the only thing that makes the difference is the difference in the state regulation within these geographical boundaries. The group’s characteristics do not change despite the geographical boundary. This community is not limited to any setting since the state regulation lies within the US statutes therefore the effect of limit is not available. The group of teenagers that are highly involved in the use of tobacco are located in Miami in Florida since it is a beach that is more exposed to drug importation. Community assessment can be done at any time and to some extend the community need assessment so to provide local stakeholders with the information they need to prioritize their most pressing needs and to identify approaches to address the available concerns. The population of the Miami was found to be 399,457 in 2012 compared 362,563 in 2000. This has indicted a population increase of 10.2% from 2000 to 2012. When discussing the demographic of the community it is important to consider the language that is being spoken in the discussed community. There are 25% of people speaking English, 67% speaking Spanish, while 46.7% are married. Understanding the community requires basic demographic results, many of which are available in the US Bureau of the census. The comparison of this population within the periods will enable the community to assess short term trends in the age and distribution of the available resources in the society. To assess the community values you are as well required to have an up-to-date profile of the community. The data available should be able to compare city level information. After identification of key questions that regards the geographical boundaries of a community it is important to answer through the community needs assessment, considering the best data collection option that can be used to verify

Consumption is a site of social struggle between structure and agency Essay

Consumption is a site of social struggle between structure and agency - Essay Example According to the research findings ever since, women and men have always been conscious of how they look. In business too, the image one portrays is extremely beneficial in business and may depict his or her personality. Therefore, the fashion and design industry often provide ways in which individuals could fit into various occasions. In the community, one would be surprised at the rate which people consume commodities, especially clothes and beauty products. In addition, as one walks across the street, one can be impressed by the number of people wearing fashionable clothes and jewellery. Fashion has become part of the society. Many people have derived advantages from the fashion industry. The fashion and design culture started in the past limited to certain aspects in the society. For instance, in the past, it was easy to judge from the quality and the fabric used on a given clothe the social status of a certain person. Nowadays many more dimensions have evolved and considered as under the following: conservative or progressive, low or high educational level, low or high ecological awareness or more. Culture is a unique entity and fashion got its way to its heart million of years ago. With fashion, people often regard it to some cultures that have been there since time immemorial. Take for instance wearing of skirts by the Scottish people. In as much as fashion has more been likened to language since the past, still there is a vast gap existing between them. Language has grammar, and the sequence of the words provides meaning. Clothing, on the other hand has constantly perceived as one entity, not as a sequence, plus has no grammar. In the society, there are some impression regarding language and the clothes people wear (McCracken 2009, p.34). Another example could be the association Kanzus to Arab speaking people. Different languages have in the past been associated to certain fashions. Take for instance the Maasai speaking people in Kenya with their fashio nable clothes. As much as the fashion industry is trying not to associate certain clothes with languages, still in some reasons they become forced to do so. Fashion and culture have always been intertwined. In the society, people refer to certain fashion and designs as attributed to certain cultures. For example, sneakers get associated with the American culture (Douglas & Goodman 2004, p.78). There are some clothes which people associate them with hip hop culture, rock culture and the rest. Fashions get always attributed to certain cultures in the society. Individuals often associate with different cultures for the sake of identity (McCracken 2009, p.36). It is the love for identity that people often look for in certain clothes and materials. The items help them to associate with a given culture. In addition, there are some fashions that are unique, and it is only people who could afford them could possess them. Therefore, some fashion and design industries produce items that are u nique to the specifications of such people (McCracken 2009, p.40). Over time, consumption has proved to be site for social struggle between the agency and the structure. The fashion and design industry have at times have a problem with getting consumers for their products. Finding the right consumer for your product requires a lot of marketing into the lives of people living in the society. In regard to culture, sometimes fashion and culture have clashed. Take for instance the wearing of jeans by women in the Muslim community (Yurchisin 2010, p.33). The societies in some regions are against certain cultures. Majorly, the fashion and design industry often are in the move to create newer things, but the problem, which they often await is, will it be sold or not. There have been cases of outstanding designs and fashions rejected in certain

Environment ethic Research Paper Example | Topics and Well Written Essays - 1500 words

Environment ethic - Research Paper Example â€Å"Ethics has something meaningful to do with the environment. It questions humanity's relationship to the environment, its understanding of and responsibility to nature, and its obligations to leave some of nature's resources to prosperity† (Pojman, 1997). These ethical questions are dealt as environmental ethics, a sub-discipline of philosophical science.† Environmental ethics is concerned with the moral relations that hold between humans and the natural world† (Taylor, 2011) and the ethical principles lays down the principles which direct human activities, responsibilities and other obligations to the natural around. Should we destroy invasive species? Should we destroy forest lands to build roads and medical centers? Should we exterminate wild plants to grow food for humans? These questions give us a good understanding as to what ethics are. To answer each of them appropriately it is essential to have knowledge about ethical theories. Traditionally, most eth ical perspectives were anthropocentric in nature i.e. the value of human beings were of great importance while the role of other living things as well as nonliving ones were purely instrumental in nature, this makes up the Value theory. However, with the emergence and popularity of environmental ethics, the traditionally anthropocentric perspective has been met with criticism. Questions have been raised about the purpose of the assumed supremacy of the human race over all other living beings. The sole purpose of environmental ethics, â€Å"is to provide moral grounds for social policies aimed at protecting the earth’s environment and remedying environmental degradation† (Brennan & Lo, 2008). In spite of being a philosophy sub-discipline, environmental ethics is multi-disciplinary in nature and requires specific knowledge in biology, physics, law, psychology and philosophy. In the 21st century, environmental ethics has new perspective that is not human-centric at all an d is known as Ecologism. Axiology of Environmental Ethics The Axiology approach is also known as the Value theory. Philosophers and environmentalists have long argued on the values to be assigned to the components of the biosphere. The axiological perspective comprises of three kinds – Anthropocentrism, Sentientism and Ecologism. The issue faced in the 21st century is the confusion whether or not to assign equal intrinsic values to humans, nonhuman living things and non-living things. The Anthropocentrism perspective puts humans’ above all living things as well as non-living things. If there is a pollution problem today, then according to this approach, the problem of pollution will only be identified as an ethical issue if it affects humans in any way. Sentientism approach is based on the measurement of pleasure and pain, but the perspective lacks in the sense that it is obviously not possible to judge the extent of either of the feelings in non-human living things. A ccording to Ecologism, all living creatures as well as non-living entities such as mountains, rivers, seas etc should be assigned intrinsic value. Thus, the entire biosphere has high intrinsic value. Thus, any action for example destruction of forests is considered an ethical issue because even if the forests are destroyed for human advancement, it affects the habitats of wildlife. The intrinsic values of both humans and wildlife being at par, makes forest

Does the internet strengthen social connections Essay

Does the internet strengthen social connections - Essay Example The sources that were used for the analysis of the two sides of the debate came from both scholarly sources from Google Scholar, and from popular media sources like blogs and articles from the world wide web. May introverts feel that they can better express themselves online and are therefore more likely to form relationships in such a setting, and this is because they feel much safer, more comfortable and more confident online (Burke, Kraut & Marlowe, 2011). Moreover, online contact naturally brings about like-minded souls who share particular interests in this world of hyperpluralism, ideological diversity and widening social diversity (Stern & Adams, 2010). The Internet, with its bonding and bridging abilities, also fosters ways to build new relationships by somehow removing or reducing particular barriers like those of geographical in nature. Furthermore, by focusing only on like-minded group members and without considering other irrelevant differences, the Internet can bypass several cultural and social differences (Stern & Adams, 2010). Another advantage of the Internet when it comes to strengthening social ties is that it can link those who are interested in the same type of volunteer activities as well as the organizations that take charge of such activities. Moreover, the Internet can actually foster volunteer and community participation because it performs well its role in â€Å"supplementing real-life community gatherings† (Stern & Adams, 2010). Social interactions on the Internet have also been found to be correlated with satisfaction with school life as well as one’s degree of self-esteem. In short, the authors have concluded that the use of Facebook may actually overcome barriers faced by students who are known to have low satisfaction as well as low self-esteem (Ellison, Steinfield & Lampe, 2007). Moreover, another way by which the use of the Internet can foster and

Developed Country and American Means Essay Example for Free

Developed Country and American Means Essay For hundreds of years the United States has been attracting immigrants from a variety of different countries, races, and religions to come live in a land full of freedom and opportunity. These people were looking for more than just rights and privileges. Their real desire was to become something that depicts pride and honor, an American. Being an American means much more than living in the United States to me. It means to me having freedom of speech to express your own opinion, freedom of religion, and equality for all, including different sexes, races, religions and status. But most of all it means having different benefits such as, being proud of the privileges we possess, it means a sense of pride for our country , and to be able to choose. First being an American means to me is to be proud of the privileges we possess because many other countries are not fortunate enough to have all these freedoms. Our freedoms are what set Americans apart from other citizens. Americans have the opportunity to acquire a good education and receive a satisfying career. Apart from some countries, American people of all different races and religions can live and work together because everyone is allowed an equal opportunity. This is what being an American means to me. Next being an American means to me that we are united with a sense of pride for our country. All Americans should be proud of what the United States has accomplished. Our country has become a major influence to other countries. For example country like Korea, Japan and China all have things that they try to do the way we do here in America. Our country is the most developed, wealthy, and most advanced country in the world. On the other hand, there are some barriers that divide the American people. But what being an American means to me is too able to choose, no matter who you are. A major dispute found among Americans is political issues. Some Americans may favor the Democratic Party as some Americans may favor the Republican Party. People will have different opinions on issues in their community, and this could cause friction or barriers between the groups. A common example of this division is the ongoing dispute over prohibiting abortion. Americans are divided into two groups over this issue. Pro-life members believe abortion is a wrong and should not be done, and pro-choice members believe that the woman deserves a choice to keep her baby. Although it is very uncommon Americans can seldom be divided by religion or race, but this division is never an extreme occurrence or conflict. But all of this defines me as an American. I have the right to choose what every I want too no matter how others may feel. Being an American has a lot of meaning to me, freedom of speech to express your own opinion, freedom of religion, and equality for all, including different sexes, races, religions and status. By studying our history we could get a better understanding of what being an American means to me. I think it is very important that all Americans study the history of their country because many important and altering events happened hundreds of years before we were born. All Americans should be reminded of what our country and its people have endured. After all the conditions we live in today are the effects of our past.

Paternalism To Tell Or Not To Tell Nursing Essay

Paternalism To Tell Or Not To Tell Nursing Essay Mr. White is a 70 year old male patient who has been pretty healthy throughout his whole life besides some issues with pneumonia in the past few years. He was driving along the road last Monday where he hit a patch of black ice, swerved off the road, and crashed into a tree. He lost consciousness and suffered minor abrasions to his arms, legs, and face. When he regained consciousness, he stated he felt very cold, numb, and fatigued as several paramedics hovered over him placing a collar around his neck and a spinal board underneath him. He was very confused and was told to not move as they oriented him to person, place, and time. He was taken to the emergency room where he was placed him on oxygen via face mask and D5 Â ½ normal saline 100ml/hr. He was transferred to the ICU after lung complications and a tracheotomy was inserted to open his airway and allow for oxygen exchange. Each day his family has been at the hospital supporting him and praying he will recover from this severe accident. The nurse caring for him was reviewing his medical records and saw that he is a do not resuscitate patient and that he does not want to receive any life sustaining treatments that will prolong his life. The patient has been awake, alert, and oriented and confirmed competent two days ago, which enables him to make decisions for himself. His daughter, Mrs. Black, told the nurse that she doesnt know what she would do without her dad because he is the rock that holds their family together. The rest of the family replied that these are his wishes and we will have to accept what he has requested, even though it saddens us to think we may lose him soon. During a routine test a few days ago the physician noticed that his labs were not within normal limit and ordered stat tests to determine the problem. The chest x-ray ordered confirmed he had pneumonia, but also revealed he was suffering from metastatic lung cancer. The physician informed the nurse of the cancer and stated that Mr. White is still very weak and fighting for his life. We will inform him and his family when he is more stable and able to be strong enough to take the news. Identify the Problem The nurse is informed of the confirmation that the patient indeed is suffering from cancer secondary to his car accident and pneumonia. Does she advocate for the patients right to autonomy in delivering the news to him and his family or does she follow the doctors orders and withhold the news since the physician believes that telling him will only worsen his condition and result in a loss of hope for all involved? The nurse believes that withholding information is going against the patients rights to make his own decisions. The nurse wants to do what is best for the patient and believes that keeping this information from the patient is being dishonest and is not what any practical nurse would do in this situation. However, she is unsure of the best approach in addressing the issue. Gather Relevant Facts A sound doctor-patient relationship is an essential component when carrying out decisions based on a patients care for treatment. Studies have shown a correlation between the quality (communication) of physician-patient relationship and better (healthcare) outcomes (Stewart, 1995). The doctor and the patient need to have a strong relationship with the patient that includes sound communication, fidelity, knowledge based learning, beneficence, and Nonmaleficence. There are four different styles to a doctor-patient relationship which include consumeristic, default, paternalistic, and mutuality relationships. The mutualistic approach is considered the optimal relationship to have when both the patient and the doctor bring both of their ideas and resources to the table and make a commitment to work with one another to solve disagreements in a respectful way. Paternalism involves physician focused care because the decision is based on what the physician believes is best for the patient and not necessarily what the patient wants. In the scenario, the physician believed that it would be in Mr. Whites best interest to hold off telling him the news of his cancer until he was healthier and stronger, but this might not have been what Mr. White would have decided (Roter and Hall, 2006). At the beginning of the 1960s, medical procedures were beginning to address the ethical issues with paternalism by a patients right to autonomy and informed consent. Issues with paternalism began to arise due to an increase in consumerism, the womens movement, and laws passed that allowed for the rights of patients in their health care. The patients wanted to be more involved in their care in knowing about their health, quality of life, survival, and mortality rates of their condition. As a result, a physicians violation in duty to the patient caused an increase in lawsuits. Healthcare workers began to be faced with a difficult decision in determining what pertinent information the patient needed to know about their condition (Wear, 1993; Charles, Whelan, Gafni, 1999). Legal and more paternalism were in conflict from the example used with Mr. White. Legal paternalism base decisions around following laws and regulations created by federal, state, or local level while moral paternalism base decisions using ethical principles. The physician was going against legal paternalism because truth-telling is now considered a legal matter and the competent patient is to be informed of all matters related to their health, except if the patient is deemed incompetent. The physician was trying to practice moral paternalism because he believed that withholding the information from the Mr. White was beneficial in a sense that he would not be strong enough to handle the news of his cancer and cause his condition to worsen or not improve (McCarthy and Schafermeyer, 2004). The debate today about paternalism is whether it is acceptable for doctors to make choices about patients treatments in their health care when they may believe that the patient may possibly refuse the decision if they were correctly informed. Is it justifiable for doctors to go about the treatment since they feel the long term benefits to the patient would be provided and at some point the patient would concur that the actions of the doctor were suitable? Certain situations makes it challenging to know exactly what is best for the patient, and it is hard to know when a physician is carrying out an intervention that is in the patients best interest or their own interest. Mills is a strong believer of autonomy and fights for patients rights. He believes that each individual has the ability to identify what makes them happy and that independent exercise of aspirations is a large part of their happiness. Kant also supports patients rights and believes that every human has a responsibilit y to communicate their autonomy. (McKinstry, 1992). The Patient Bills of Rights of 1973 included the physicians responsibility to inform the patient on all matters related to their condition enabling the patient to make decisions based on this knowledge. The Bill was carried out to decrease the occurrence of malpractice by reducing the dissatisfaction of patients that meet the criteria for more liability from their providers (Faden and Beauchamp, 1986). The law entails that medical information presented to the patient be in plain language that can be voluntarily comprehended and adequate in quantity. A doctor who is unsuccessful in attaining informed consent may suffer criminal offense charges. In 1998, the Consumer Bill of Rights and Responsibility Act was carried out by President Clinton to help consumers get involved in their own health care by increasing consumer confidence in the health care system, to give support in identifying the reasoning for a sound healthcare provider and a sound provider-patient relationship, and to help the consumer realize the important role they carry related to their rights and responsibilities of their heath care and recovery. The guidelines included several rights of the patient to create the best quality health outcome. (Shalala,1999). Patients are competent to give informed consent unless examined and evaluated to have mental deficits and incapacity. Informed consent must follow several steps in order to be valid which includes informing the patient on the diagnosis, the suggested intervention, major benefits, risks, the consequences or prognosis if an intervention is not carried out, and any significant options along with their risks and benefits. Informed consent will need to hold true and be carried out in all cases except when the patient is susceptible to serious harm or death if the intervention is not carried out immediately, the patient voluntarily gives up their right, and if disclosure would cause serious physical or psychological harm to the patient or another person (Wear, 1993). At UPMC hospitals such as Magee and Presbyterian hospitals patients have certain rights and responsibilities that they are given such as the right to respected and quality care from staff, the right for information in medical records to be kept confidential, the right to pain control and management, the right to know diagnosis, prevention, and treatment options and alternatives given in simple language, the right to informed consent before any procedures, the right to refuse any medications, treatments, procedures, and several more . This allows the patient to decide what information they would want to know and to carry out care based on their wishes (UPMC, 2010). Identify Methods of Ethical Justification A person who practices consequentialism believes that a morally right act is one that produces a good outcome. The doctor was practicing a consequentialitic approach in that he believed that not telling the patient that he had cancer until he was stronger would cause a better outcome for the patient in the long run. He believed that Mr. White would give up all hope and stop fighting to survive if he was informed of the news. In deontological theory, an act is right or wrong based on fulfilling a moral duty and cannot be justified by their effects. Even though the physician was trying to do the right thing by not telling the patient that he had cancer because he believed that this would help save his life, the act was against the rules and duty of the physician to inform the patient on information related to his health (Gert et al., 1997). Several principles come into play in the scenario such as beneficence, nonmaleficence, fidelity, and autonomy. The nurse will have to advocate for the patient that keeping this information from him and is family is not doing good. It may in fact cause more harm to the patient since he is unaware of his cancer. The patient may be able to determine treatments that could delay the spread of cancer, which could allow him more time to spend with his family. The competent patient has the right to autonomy in deciding what information he would want to know about his health and the doctor should not be the one to make this decision. The physician is keeping essential information from Mr. White that may result in a break in their commitment and destroy the patients trust in his healthcare provider (Cassells and Gaul, 1998). Clarify Relevant Values, Rights, Duties, of Patient, Self, and Significant Persons The patient has the right to informed consent if he is seen as competent to make decisions based on his healthcare. It is the physicians duty as well as the nurse to respect the patient and inform him of all matters concerning his healthcare and making sure the patient demonstrates understanding. If Mr. White was deemed incompetent he may have appointed a family member as a substituted surrogate decision maker to make decisions in his health care based on the patients values, beliefs, and wishes. If Mr. White did not appoint someone to be a surrogate then the best interest principle would come to play and decisions on the patients healthcare would be determined by what is the best interest for any reasonable patient in this situation. The family will need explanations on the patients status and what the future will look like for him. The family may be the ones taking care of him and they will need sound education on how to care for the patient. Identify If There Is an Ethical Dilemma The nurse faces an ethical dilemma because the alternatives are between two equally insufficient solutions which display incompatible testimonies. Does the nurse take away the patients right to autonomy in keeping Mr. Whites new diagnoses of lung cancer from the him because the physician believed it was in the his best interest or should the nurse take the issue to higher authority to advocate and make every effort to protect the health, safety, and rights of the patient (Cassells and Gaul, 1998). Identify Guidelines from Nursing and Professional Codes of Ethics The American Nurses Association code of ethics for nurses was created to help guide nurses behavior when an ethical dilemma would occur. The requirements in the code advocate the nurses commitment to their patients autonomy, while still keeping in the safety of the patient (American Nurses Association, 2001). Provision 1 states that the nurse needs to practice with compassion and respect each patient regardless of their beliefs, ethnicity, class, age, etc. The patient was a 70 year old African American who was a practicing Southern Baptist and retired bus driver. The Caucasian, Catholic nurse had to make sure she didnt treat Mr. White differently because of his skin color, the religion he practiced, or his age (American Nurses Association, 2001). Provision 2 states that the nurses devotion is to the patient and anyone associated with the patient such as family and friends. The nurse has the ability to advocate for the patient in communicating their wishes to the doctor in carrying out treatment pertaining to his care. The nurse will need to communicate with the patient and determine what information the patient will want specific friends and family to know. The nurse with her high level of skill and knowledge can help educate his family on his condition and care (American Nurses Association, 2001). Provision 3 states the nurse will need to do all she can to protect the patient from any harm or unsafe events. The nurse would make sure the patients requests were followed through while maintaining his safety, health, and prevention from any harm. If she believed that the patient was not well informed of his disease and all treatment plans possible to help delay the progression of the disease, then she would need to address this issue (American Nurses Association, 2001). Identify and Use Relevant Interdisciplinary Resources First, the nurse should go to the doctor and see if they can work something out to determine the patients rights. If the doctor doesnt agree with the nurse then the nurse should then talk to the nurse supervisor and move up the latter until the highest person is able to confront the issue. If this does not work, the nurse can also get in touch with the people who deal with ethical concerns/ dilemmas. The nurse can also talk to lawyers and get legal matters in place for the patients rights to informed consent to be granted. The nurse can also get a psychiatrist involved who would speak on behalf of the patient to confirm that the patient is competent. The nurse may want to get social workers and counselors to help the patient and family finds ways to cope with grief and also determine the best care for the patients prognosis of his such as a skilled facility, home health, or hospice care. Identify and Prioritize Alternative Actions/Options The nurse can speak directly to the patient and his family about the information that has been withheld. This should not be carried out since this is not solving the conflict between the nurse and the physician and it is going behind the physicians back. The nurse can make the decision of not informing the patient or family of the news. She could convince herself that the doctor knows what is best for the patient and bringing up the issue would only cause chaos. This is also going against the code of ethics of a nurse in her lack of being a patient advocate (ANA, 2001). The nurse could talk with the physician about the issue she has with the patients right to autonomy and try to work out their differences. Communication is essential for the nurse and the physician to have a sound relationship and work together to resolve issues. If the doctor believes this is something Mr. White does not need to know right now, then the nurse will have to take the issue to higher authority which was addressed above (nurse supervisor, the ethics committee, social workers, court system and reference hospital policy, legal, and ethical principles on the matter). The nurse can be there for moral support and help build a trusting relationship with the Mr. White when told of the new diagnosis of cancer and the betrayal from his doctor. The patient may feel hurt, confused, angry, and may have lost trust in the health care providers. The nurse can also talk to the family about the matter as well and offer all the alternative treatments that can be carried out to help the patient decide what is best for Mr. White. This can be carried out but only after the patients rights are addressed. Select a Morally Justified Action/Option from Alternatives Identified The nurse will have to make a decision as to what she feels any reasonable nurse would do in this situation and carry out the patients wishes accordingly. She will need to advocate for his rights in decision making and converse with the physician. If this doesnt get resolved then take it to higher authority. The nurse needs to address the patients wishes and needs and then the families. If Mr. White determines that he does not want to carry out any treatments, then his wishes need to be addressed. If he decides he wants to start treatments immediately for his cancer, then these wishes would need to be followed through. The nurse talked with the physician about the issue, but the problem was never resolved. As a result, nurse took the matter into her own hands and talked with the nurse supervisor who confronted her boss and the case was then taken to court. The judge along with the help of the jury determined the patient must know all information related to his health care and he was properly informed of his cancer. Mr. White understood that his cancer was terminal and that he decided that he only wanted palliative means of care. He wanted to remain comfortable and spend the rest of his time with the people he loved dearly. The family agreed on his decision because they knew this was what he wanted. He was able to make decisions based on his care and was content at being in control one thing in his life. He was given quality care by his nurse and he remained comfortable throughout his illness. Mr. White passed away peacefully 3 months later at home surrounded by his family.

Antimatter :: physics antimatter matter

What is Antimatter? Albert Einstein came up with the famous equation, E=mc^2 And thus defined mass as highly concentrated energy. With sufficiently high concentrations of energy, that energy can form matter. However when this matter is created it is balanced out by the creation of antimatter. When matter and antimatter come into contact they annihilate each other and release large amounts of energy. A teaspoon of antimatter, reacting with matter, would run a car continuously for 100,000 years. Not all particles have equivalent or rather, separate antiparticles. The electron and proton, as well as quarks, have antiparticles, such as the positron and antiproton because they have a charge to reverse. The neutron has an antiparticle because, although it has no charge, it has a magnetic moment to which the antineutron is opposite. The photon, however has only mass and directional velocity, thus there is no antiphoton. Protons and neutrons also have a baryon number and their antiparticles have an equal but opposite baryon number. The History of Antimatter The existence of Antimatter was first predicted when Paul Dirac combined quantum theory and special relativity in one equation. This equation, however presented two 'solutions' to the electron. Dirac interpreted this to mean that not only was there an negatively charged electron, but there was a positively charged antielectron which had all the characteristics of an electron but an opposite charge. In 1932 Carl Anderson detected the first antielectron. While studying the tracks of cosmic particles Anderson noted a track left be something with the exact same mass as an electron, but with a positive charge. It wasn't until 1955 that the first antiproton was detected. This discovery rested on the Ernest Lawrence's creation of the Bevatron which could accelerate two protons and collide them at energies of 6.2 MeV (Mega electron Volts). The detection of the antineutron came 5 years later in 1960. It wasn't until 1955 that the first antiproton was detected. This discovery rested on the Ernest Lawrence's creation of the Bevatron which could accelerate two protons and collide them at energies of 6.2 MeV (Mega electron Volts). The detection of the antineutron came 5 years later in 1960. The next step in testing the symmetry between matter and antimatter was resolved concurrently by CERN and the Brookhaven National Laboratory in 1965 with the creation of the antidueteron. A deuteron is a nucleus from by a proton and a neutron, the antidueteron was formed by combining an antiproton and an antineutron. Antimatter :: physics antimatter matter What is Antimatter? Albert Einstein came up with the famous equation, E=mc^2 And thus defined mass as highly concentrated energy. With sufficiently high concentrations of energy, that energy can form matter. However when this matter is created it is balanced out by the creation of antimatter. When matter and antimatter come into contact they annihilate each other and release large amounts of energy. A teaspoon of antimatter, reacting with matter, would run a car continuously for 100,000 years. Not all particles have equivalent or rather, separate antiparticles. The electron and proton, as well as quarks, have antiparticles, such as the positron and antiproton because they have a charge to reverse. The neutron has an antiparticle because, although it has no charge, it has a magnetic moment to which the antineutron is opposite. The photon, however has only mass and directional velocity, thus there is no antiphoton. Protons and neutrons also have a baryon number and their antiparticles have an equal but opposite baryon number. The History of Antimatter The existence of Antimatter was first predicted when Paul Dirac combined quantum theory and special relativity in one equation. This equation, however presented two 'solutions' to the electron. Dirac interpreted this to mean that not only was there an negatively charged electron, but there was a positively charged antielectron which had all the characteristics of an electron but an opposite charge. In 1932 Carl Anderson detected the first antielectron. While studying the tracks of cosmic particles Anderson noted a track left be something with the exact same mass as an electron, but with a positive charge. It wasn't until 1955 that the first antiproton was detected. This discovery rested on the Ernest Lawrence's creation of the Bevatron which could accelerate two protons and collide them at energies of 6.2 MeV (Mega electron Volts). The detection of the antineutron came 5 years later in 1960. It wasn't until 1955 that the first antiproton was detected. This discovery rested on the Ernest Lawrence's creation of the Bevatron which could accelerate two protons and collide them at energies of 6.2 MeV (Mega electron Volts). The detection of the antineutron came 5 years later in 1960. The next step in testing the symmetry between matter and antimatter was resolved concurrently by CERN and the Brookhaven National Laboratory in 1965 with the creation of the antidueteron. A deuteron is a nucleus from by a proton and a neutron, the antidueteron was formed by combining an antiproton and an antineutron.

Nuestra Familia Essay -- Violence

A gang is an organized group with a recognized leader whose activities are either criminal or, at the very least, threatening to the community. (Walker, 2011) Throughout history there have been some infamous gangs that have gotten media attention and others that have gone under the radar. One of the more underground gang structures are prison gangs. The Nuestra Familia may not be in the news as much anymore compared to other gangs, but they are nothing to be taken lightly. Prison gangs have been around since the late 20th century and only seem to be getting stronger if nothing is going to be done to prevent them. Gangs in prison have members in and out of prison. One of the more popular gangs that has been gaining steam recently is the mainly Hispanic gang La Nuestra Familia. The purpose of this paper is to write about the history of the NF, the structure in which it operates, and some good preventative tactics that could prevent prison gangs from becoming stronger. Nuestra Familia (NF, Spanish for Our Family) was created in the late 1960’s at the Soledad Correction Training Facility in California. (NF 2011) Nuestra Familia was created because some of the Spanish inmates had gotten tired of the abuse handed out by the Mexican Mafia to fellow Mexicans. (Nuestra Family (2011)) Nuestra Familia was created as protection from the Mexican Mafia for young Mexican-American from rural areas. The first members of Nuestra Familia were strictly from Northern or Central California. (NF 2011) The all-out prison war between the Mexican Mafia and Nuestra Familia occurred in 1968 when Sonny Pena was stabbed to death by a member of the Mexican Mafia at San Quentin state prison. The recruitment for the two gangs split California in two. ... ...reventionservices.org/nf.asp Nuestra familia . (2001, March 15). Retrieved from http://www.gangs187.com/lanuestrafamilia.html Geniella, M. Us ca: inside pelican bay. (2009, February 05). Retrieved from http://www.mapinc.org/drugnews/v01/n707/a04.html Morales, G. (2007). Nuestra Familia. Retrieved from http://www.gangpreventionservices.org/nf.asp Nuestra Familia. (2005). Retrieved from http://prisonoffenders.com/nuestra_familia.html Nuestra Familia. (2011). The History Channel website. Retrieved 2:17, December 4, 2011, from http://www.history.com/shows/gangland/articles/nuestra-familia. The History Channel. (Producer) (2008). Blood in, blood out [Television series episode]. In Gangland. New York: History. Retrieved from Reynolds, J. (2008, July 1). Nuestra familia: Our family. Retrieved from http://www.nuestrafamiliaourfamily.com/pages/glossary.html

Civic league :: essays research papers

Civic League   Ã‚  Ã‚  Ã‚  Ã‚  Helen Sykes, a resident of the Norfolk area, feels that the tight community neighborhood is drastically decreasing. She is among many home owners whom feel this way. In order to restore our community we must work from every angle including those areas that may be less fortunate. Many of the children in this area have no where to go after school therefore they are becoming latch-key children because their parents have to work long hours. We all must work together to better this community not just our specific neighborhood. In order to bring that tight knit community we have to live and work together in harmony. Now many to disagree like John Mitts, who feels that helping the minority neighborhoods is just a lost cause and we can not help them unless they help themselves.   Ã‚  Ã‚  Ã‚  Ã‚  Jim English, President of the Wards Corner Civic League, feels that rebuilding the community will appeal to everyone in every neighborhood. We will be helping those less fortunate then us to have a nicer and safer place to live. At the same time the neighborhood’s real estate value will increase because of the new appeal. If the neighborhood does not pull together and want this change then no one can benefit. Think about how you would feel if you were in a home were there is constant drugs and violence and you don’t even feel safe letting your children outside to play. No one can begin to imagine how bad these people really need our help and at the same time you are helping to reshape your neighborhood as well.   Ã‚  Ã‚  Ã‚  Ã‚  Everyone must do their part in order to change the outlook of the neighborhood. This change will take time but the end result will be amazing. We will be constructing and shaping the lives of our future generations who will live here after us. I am a strong believer in second chances and I feel that is exactly what this neighborhood needs. We should be able to go back to the time when everyone would sit on their porches and talk for hours and children would play until their little bodies became to weak. Those were the good times and we can all make them into the great times. All we need is a little team work.   Ã‚  Ã‚  Ã‚  Ã‚  Many will disagree to restoring the community for various reasons. Some just feel that we should move and let the neighborhood be taken over by the crime and filth of some other areas.

Bachelor’s Degree and Partial Fulfillment Essay

Adviser Approved in partial fulfillment of the requirements for the degree in Bachelor of Science in Computer Science by the Committee of Oral Examiners. Chairman Member Member Accepted and approved in partial fulfillment of the requirements for the degree in Bachelor of Science in Computer Science March, 2013 Dean, CITE Department ACKNOWLEDGEMENT This thesis will not be possible without the help and support of the following individuals who gave their guidance and assistance in the development of this study. From the , we express much gratitude to our dean, , our adviser who aided us with all the academic requirements and greatly inspired us as we passed all the obstacles throughout the completion of this work. The Discipline Office especially for being compliant to our queries regarding the manual system they have and about their specifications for the new system. The people we most wish to thank are our families, for whom our education would not have been possible and who held faith in us and pushed us to achieve success in everything we do. This example of success is a great chance that we will stride for the victory of our lives. To our respective colleagues and to the members of the group, for the endless brainstorming from dusk till dawn and coming up with concepts that helped us with this research. Lastly, of all the hardships and challenges that we encountered, we are humbly thankful because the Lord Almighty showered us knowledge, courage, and passion to endure and succeed in the completion of this work. Abstract The purpose of this study is to improve the manual record management system of the Discipline Office in by transforming it as a web-based system. The research study focuses on simplifying the difficult and time-consuming task of managing, tracking, and handling student discipline records and helps improve discipline by ensuring that students are held accountable for their actions effectively. Advantages and disadvantages of both systems were identified by conducting this work. To gather the needed data, interview and survey methods were used and analyzed by means of descriptive approach. The results showed that the respondents agree that an online system is more preferable to have than the other, as it gives benefits to the university by enabling them to efficiently handle discipline-related tasks. As stated from literatures, these findings clearly emphasize the need for the conversion of the office’s manual system to ensure the reliability and validity of records.

Business Strategy for Easyjet

Table of Contents 1. Introduction 2 2. Mission statement, Aim & Objectives 2 3. PESTEL Analysis 2 3. 1 Political 2 3. 2Economic 3 3. 3Social 3 3. 4Technological 3 3. 5Legal 3 3. Environmental 3 4. SWOT Analysis 4 4. 1 Internal Analysis 4 4. 2External Analysis 4 5. Porter’s five forces 4 6. Porter’s value chain 5 7. Stakeholders Mapping 6 8. Ansoff Matrix 7 9.BCG Matrix 7 10. Strategy position and selected strategy 8 11. Conclusion 11 12. Appendices 12 13. Reference 15 1. Introduction Easyjet Airline Company is a British airline headquartered at London Luton Airport which operating domestic and international scheduled services on 500 routes between 118 European, North African, and West Asian airports (Theairdb, 2005).The company was founded in 1995 by Stelios Haji-loannou. And currently the management of easyjet is formed by Andrew Harrison as CEO, Cor Vrieswijk as COO and Jeff Carr as CFO (Easyjet, 2009). Up to 2009, easyjet had nearly 7000 employees throughout Europe. Apart from low-cost tickets, easyjet has improved in network quality, lower cost deals with key suppliers and enhancements to easyjet. com and so on (Easyjet, 2009). 2. Mission statement, Aim & Objectives Mission statement of easyjet is â€Å"to provide customers with safe, good value, point-to-point air services.To effect and to offer a consistent and reliable product and fares appealing to leisure and business markets on a range of European routes† (Easyjet, 2002). The company will develop its people and establish lasting relationships with its suppliers. Vision| Easyjet’s vision of the future is built on developing its strength to be the largest and best low cost airline in Europe (Bized, 2002). | Value| 1. Safety 2. Teamwork 3. Pioneering 4. Passionate 5. Integrity (Easyjetcareers, 2010)| The aim & objectives of Easyjet are similar to its mission statement.The company underpins its long-term prospects matter its business with safety, customer satisfaction, future f inancial performance, people and environment (Easyjet, 2009). 3. PESTEL Analysis 3. 1 Political The political environment includes tax policy such as Air Passenger Duty and carbon tax. â€Å"APD tax is raised about ? 2. 4bn for government every year. The airline Easyjet also supported for a green tax on air travel based on carbon produced (BBC, 2007). Increasing tax is not effective for customers to pay more but â€Å"easyjet has realized it and apologized to customers† (Easyjet, 2007).Cheap first and expensive later is what Easyjet always does. According to appendix 1, more immigration coming to UK gives easyjet more marketing opportunity. However, national insurance puts employees wage up so that increases company’s costs (Telegraph, 2010). 3. 2 Economic According to appendix 2, â€Å"some experts predict that the UK interest rate will increase to 3% in 2010 and 2011† (Marketoracle, 2010). Customers may pay higher for tickets if they borrow money. Meantime, a ccording to appendix 3, it is bad for easyjet because â€Å"some experts assert that Euro may depreciate in the next 6 months from January, 2010† (Marketvector, 2010).People maybe fail to choose easyjet up to this viewpoint. Additionally, it gives a burden to the company as fuel price may go up year by year (see appendix 4). 3. 3 Social Attitude of customers impact on easyjet’s business. According to appendix 5, more customers prefer to travel by air these years and it hits 2000 million in 2004 (Grida, 2007). The phenomenon makes easyjet arrange more flights. Meantime, â€Å"nearly 28% people choose to search tickets information online everyday so that the company’s business online can be developed quickly† (Alexa, 2010). 3. 4 TechnologicalThere are nearly 200 airplanes in the company and easyjet is working closely wth all the relevant airframe and engine (Easyjet, 2009). The safety can be guaranteed. The company also offers online check-in system for bag gage with codes and buying tickets which is pretty convenient to customers (Azureholidays, 2009). 3. 5 Legal The company follows mostly European law such as safety law. But there is a piece of bad news recently that easyjet needs to pay 1. 4m euros in damages for violating French labour laws (BBC, 2010). It is not only negative to financial condition but also to reputation.At the same time, the company supports carbon law that cut carbon emissions. 3. 6 Environmental The global standards for aircraft that can lead to carbon emissions of aviations being cut by 40%, Easyjet seeks the legislation for cleaner aircrafts is demanded by his firm to stop the flight of old and inefficient planes (Gray, 2009). It is good for passengers’ health. Meantime, the average aircraft age is 2. 2 years which makes up the youngest, cleanest and quietest fleets in the world (Easyjet, 2009). 4. SWOT Analysis 4. 1 Internal Analysis Strengths| Weakness| Leading airline with low-cost flights which acr oss most big city in Europe such as Berlin, Milan, Paris and so on (Easyjet, 2008). * Being seen as an innovative and flexible organization and has a strong e-business which offers full and fast price plan to customers. * Image, differentiation on price and brand (Mayer, 2007). * Quick turnarounds at the airports with more flights, better productivity. * Internal job mobility (Kernchen, 2007). | * Low frequency of routes. * More outsourcing might affect customer satisfaction (Kernchen, 2007). Sometimes longer flights without frills might be hard to implement successfully like no food service (Fifield, 2007). | 4. 2 External analysis Opportunities: Low-cost airline industry has a promising future. If Easyjet can establish itself as the low-cost number 1 airline, Easyjet will continue its success with its strong position and prove takeover opportunities (Kernchen, 2007). Threats: Economic downturn may lead to a decrease in casual flyers (Businessteacher, 2006). Increased competition l eads to greater difficulties in demanding incentives from communities such as low fees Easyjet received at Luton (Mayer, 2007).To enter new markets like Germany and France, Easyjet also end to spend much money than in the UK (Kernchen, 2007). The cost is pretty higher. 5. Porter’s five forces The threat of substitutes = Low The threat of substitutes for easyjet comes from other transport tools such as trains, cars, boats and so on. Minimal threat from train and car on domestic routes (Mayer, 2007). Eastjet does not need to worry too much about other transports tools if easyjet improves online system continually. The threat of entry = low It is difficult for a new company to enter in the low-cost airline industry. Easyjet has quite a comfortable position in the UK low-cost market as the biggest operator. High capital requirements also negate threat to some extent for easyjet† (Mayer, 2007). The threat of buyers = Moderate Customers will often choose better price particul arly with the online tickets system (Capon, 2008). Customer loyalty is necessary so that easyjet must keep a regular check on prices all the time (Mayer, 2007). The threat of suppliers = High Easyjet have no power to alter the price of fuel as an individual company (Mayer, 2007).Without Boeing and Airbus, Easyjet lose planes so that Easyjet must keep good relationship with them. Sometimes, airports also easily raise charges to airline. The threat of competitive rivalry = Moderate It is pretty rivalrous with many competitors who also operate short-haul market in the European such as Palmair, Germanwings, Ryanair and so on (Which, 2010). A numbers of tour operators like Thomas Cook may threat the market by selling scheduled seats (Subiotto and Snelders, 2007). All in all, â€Å"the growth of individual airlines and the expectation that competition among low-cost airlines will intensify† (Chris, 2010). . Porter’s Value Chain As a low fare airline, Easyjet makes the most o f its assets and its competencies to develop advantages and create much value compared with other airlines Inbound Operation Outbound Marketing Sales Tickets sales online After-sales service Ticketless service Catering Internet Fuel Aircraft Baggage handling Maintenance Inbound * Easyjet uses outside catering supplier to offer in-flight service (Dfnionline, 2007). * Easyjet spent a great deal of money on fuel. * Easyjet buy or rent airplanes mainly from Boeing and Airbus (Easyjet, 2009). There is another company who is mainly responsible for respire easyjet’s airplanes (Viploan, 2005). Operations and Outound * With ticketless service, customers just need a code and bring it to airport for boarding number (Ciao, 2000). * Internet is more important for Easyjet than call centre. * Easyjet does well in online check-in facility with hold baggage (Easyjet, 2009). Marketing and Service Easyjet has its own marketing department to publicize the company. And the company mainly focuses on lost baggage and speedy boarding for customers (Easyjet, 2009). . Stakeholder Mapping Low Interest High Interest | Suppliers: Boeing and AirbusCustomersCommunity Groups| | InvestorsGovernment AgencyShareholders: Stelios Haji-Ioannou who owns 22% shares. | Low Power High Power It is obviously that Boeing and Airbus has lots of interest so that they cooperate with Easyjet frequently. Customers prefer to low-cost tickets and convenient online system. However, they have less power as Easyjet can buy or rent planes from other airline. The company also has founded its largest UK airline position.Investors are really into Easyjet’s service and its growth markets, and they also have powers to buy shares to make its share price up. For shareholders, Stelios Haji-Ioannou owns 22% of the whole company (Easyjet, 2009). He gets big power. 8. Ansoff Matrix Market Penetration: Easyjet can make the most of its existing products to achieve growth of market share such as â€Å"put ticket p rices to some domestic destination down continually and add more seats in planes† (Columbia, 2008). Market Development: Easyjet hopes to get growth by using its existing product to into new markets.The company is launching new flights to Australia, Romania and Germany which have been travel spotlights with its low-cost tickets and frequent flights (Easier, 2007). Product Development: Easyjet is adding flights and developing new flight routes to more places across the European even northern Africa (Easyjet 2009). Therefore, it develops the product range. Diversification: Easyjet is not only operates airline service but also does other related transportation service such as easycar, airport parking. Apart from transportation field, the company is also responsible for hotel booking, travel guide and so on.Diversification makes easyjet consolidate existing market and accmulaing experience for new fields. 9. BCG Matrix StarSpeedy Boarding| Question MarksBaggage terms| Cash CowsClub cards| DogsFood| Star: An enhanced version of its fast boarding service attracts more customers (Travel Trade Gazette, 2007). It is a high growth market. Question Marks: There is baggage allowance that Easyjet offers to speed its market up. Cash Cows: Customers get club cards of Easyjet so that they can get savings for credit purchasing of tickets (Travel Trade Gazette, 2007).Interest rate generally affects this so that there is not any growth. Dogs: Easyjet gets little money in catering according to the annual report (2009annualreport, 2009). 10. Strategic position and selected strategy The strategic position of Easyjet is similar to the aim & objectives. â€Å"Turn Europe Orange† that Easyjet expands its employer presence across Europe (2009annualreport, 2009). The company aims to cut more carbon emissions and add more seats in the planes so that improving quality of its service (2009annualreport, 2009).The objective has covered SMART because up to now Easyjet has been the largest airline in UK and the second largest airline in Europe 10. 1 Identify and evaluate alternative strategies * Easyjet can develop new routes from local airports in UK to Romania in 2011. This strategy meets Easyjet’s network position for refreshing new routes all the time. It covers suitability, feasibility and acceptability well. Suitability| The strategy conforms objectives of easyjet and makes the use of company’s resources on providing cheaper short-haul service within Europe (Pender, L. nd Sharpley, R. 2005). | Feasibility| It is achievable as Easyjet has been the second biggest airline around Europe so that passengers may choose because of its good reputation (Pender, L. and Sharpley, R. 2005). | Acceptability| Low-fare airports with cost-benefit and more marketing opportunities. | * Easyjet will offer British Airways Executive Gold card holders free speedy boarding plus (priority check-in and boarding) on the days that BA crew strike. Most passengers wish to use this free offer on that day (Easyjet, 2010).This strategy meets Easyjet customers proposition for building appeal to business travelers. By the way, it is also a kind of marketing campaign to offer more speedy boarding to customers. It covers suitability, feasibility and acceptability well. Suitability| It is profitable for the company to reduce check-in time and sell seats for leisure customers. Make the most of resources to earn money. | Feasibility| It is easily achievable that passengers who hold British Airways Executive Club Gold Card wish to accept this free offer (Easyjet, 2010). | Acceptability| | Easyjet is going to work closely with CAE which is a good flight school to use 5000 Series simulator for A320 pilots training at CAE’s Burgess Hill facility (Atwonline, 2008). The strategy meets Easyjet safety requirements to improve pilots training. It covers suitability, feasibility well but not acceptability. Suitability| Providing customers with well-trained pilo ts and good safety system. | Feasibility| CAE helps with qualified training simulators so that the quality and service can be guaranteed (Krishnan, A. 2008). | Acceptability| Easyjet spends money to make agreements with CAE.It may give additional strain on staff. | 10. 2 Select one strategy and describe the implementation & monitoring plans In my opinion, it is appropriate for Easyjet to develop new routes to Romania. There are only two routes which departure from Madrid and Milan to Romania (Easyjet, 2010). It is not enough. Firstly, Easyjet is the UK’s largest airline measured by the number of passengers flown (Easyjet, 2010). But in the Europe, there are several competitors such as Ryanair, BMI and so on. More people choose to go on holidays to Romania which known as the â€Å"Paris of the East† (Easyjet, 2009).Developing new routes gives rise to more marketing opportunities. Secondly, choosing low-fare airports such as Bucharest meets the organizational objectives. The company is able to make good use of its resources of new aircrafts and employees. Thirdly, developing new routes which departure from native airports in UK gives local people opportunities to go on holidays to Romania directly. Thus, it helps Easyjet to consolidate its UK largest airline. Implementation The route starts from UK airport such as Liverpool, Bristol, Stansted, it is necessary for Easyjet to make good deal with the airports.The company needs to pay a sum of money for airport fees which involves aircraft parking, administration fees and airport parking, airport lounges for passengers (Easyjet, 2007). The native airports in UK offer low cost parking such as ? 4 per day at Bristol. The airports in other European cities such as Milan, Paris will cost a little more for these fees (Easyjet, 2007). Then Easyjet may prepare how many flights will departure from each route with arranged pilots, in-flight staff and the first departure date. The company needs to publicize the n ew routes to passengers in time online with detailed ticket price include or exclude tax.For example, many people are attracted by the Bucharest’s architecture (Easyjet, 2009). The company can develop a route from Liverpool in summer vacation or winter vacation, 2011. Thus, there will be more customers who would like to have a view of Romania during holidays. Monitoring Plan In order to operate these new routes better, the company is able to monitor the routes carefully. To ensure every flight should be arrived to the airports on time, using global online service to anticipate weather-related delays at departure and destination airports (Metoffice, 2010).Work out optimizing schedules and scan customers’ feedback carefully so that if there is someone who feels bad for easyjet’s service, the company can improve immediately. If the new routes are operated well with lots of numbers of passengers and minimizing level of delays times, Easyjet can consider opening more new routes across Europe. It is appropriate for easyjet to operate 70 new routes in 2010 (Easyjet, 2010). The company can add more routes departure from different local airports such as Luton, Bristol to Romania and then add some routes which departure in other countries such as Paris to Romania.Therefore for customers at any places, there will be more choices. 11. Conclusion In order to become the largest low-cost airline in Europe, Easyjet also needs to enhance its online system and â€Å"fly outside Europe† strategy. This may give rise to more marketing opportunities. However, up to now, Easyjet operates successfully and gets profit up to 80 million pounds with 9% up of market shares in 2009 (2009annualreport, 2009). The company must be growing continually and has a promising future. 12. Appendices Appendix 1 Appendix 2 Appendix 3 | | Irish Pound to US Dollar Currency Exchange Rate Forecast|Appendix 4 Appendix 5 13. Reference Books Capon, C. (2008), Understanding Strategi c Management, Prentice Hall: Essex. Fifield, P. (2007), Marketing strategy: the difference between marketing and markets (3rd Edition), Elsevier: Oxford. Krishnan, A. (2008), War as business: technological change and military service contracting, Ashgate Publishing Limited: Hampshire. Kernchen, N. (2007), Marketing differences between traditional airlines and low-cost airlines in Europe, GRIN: Paris. Mayer, F. (2007), A Case Study of EasyJet and the Airline Industry, GRIN: Paris. Pender, L. nd Sharpley, R. (2005), The management of tourism, SAGE Publications Ltd. : London. Subiotto, R and Snelders, R. (2007), Antitrust Developments in Europe 2007, Kluwer Law International: Netherlands. Journals Chris, T. (2010), LOW-COST COMMODITY, Airline Business  Feb2010, Vol. 26 Issue 2, p28-30 Gray, C. (2009), Easyjet seeks carbon laws, Travel Trade Gazette UK & Ireland  12/4/2009, Issue 2892, p26-26 Travel Trade Gazette, (2007), Extra boost profits, 11/23/2007, Issue 2794, p14-14 Websites 2009annualreport, (2009), Annual report and accounts 2009, [Online] http://2009annualreport. asyjet. com/business-review/review-of-strategy/safety. html (13/04/2010). Atwonline, (2008), CAE to offer pilot training in India, earns Level D certification, win $53 million in FFS contracts, [Online] http://www. atwonline. com/channels/airlineprocurement/article. html? articleID=2265 (16/04/2010). Azureholidays, (2009), Easyjet launches online check-in for hold baggage, [Online] http://www. azureholidays. com/Article. aspx? ArticleID=19488267 (05/04/2010). Alexa, (2010), Daily research, [Online] http://www. alexa. com/siteinfo/easyjet. ch (04/04/2010).Automotivedigest, (2009), Fuel Price Forecast 2008 To 2011, [Online] http://www. automotivedigest. com/content/displayArticle. aspx? a=65572 (04/04/2010). Bized, (2002), what is the company’s vision for growth, [Online] http://www. bized. co. uk/compfact/easyjet/easyindex. htm (28/03/2010). BBC, (2007), Easyjet supports green air taxe s, [Online] http://news. bbc. co. uk/1/hi/uk/7000103. stm (02/04/2010). BBC, (2010), Easyjet in French court over labour laws, [Online] http://news. bbc. co. uk/1/hi/business/8475204. stm (08/04/2010). Ciao, (2000), Easyjet-great service, [Online] http://www. ciao. co. k/easyjet_com__Review_71098 (08/04/2010). Columbia, (2008), Deal or No Deal: Should Economy Airline Offer Last-minute Bargains? [Online] http://www4. gsb. columbia. edu/ideasatwork/feature/102579/Deal+or+no+deal:+Should+economy+airlines+offer+last-minute+bargains%3F (11/04/2010). Dfnionline, (2007), The company replaces Alpha Flight Services as the airline’s onboard retail and catering operator, [Online] http://www. dfnionline. com/article/Gate-Gourmet-wins-Easyjet-inflight-retail-contract-1462747. html (11/04/2010). Easier, (2007), Easyjet announces new flights to Austria and Romania, [Online] http://www. asier. com/50798-easyjet-announces-new-flights-to-austria-and-romania. html (13/04/2010). Easyjet, (2007), The government has made easyjet the tax collector, [Online] http://www. easyjet. com/en/book/airline_has_been_made_tax_collector. html (02/04/2010). Easyjetcareers, (2010), Our Vision & Values, [Online] http://www. easyjetcareers. com/about-us/vision-and-values. asp (28/03/2010). Easyjet, (2010), Route map, [Online] http://www. easyjet. com/en/routemap/ (16/04/2010). Easyjet, (2010), Easyjet to launch a further 70 new routes for 2010, [Online] http://corporate. easyjet. om/en/media/latest-news/news-year-2010/04-01-10en. aspx (19/04/2010). Easyjet, (2010), Free Speedy Boarding Plus for BA Gold card holders on strike days, [Online] http://corporate. easyjet. com/media/latest-news/news-year-2010/Free%20Speedy%2 0Boarding%20Plus%20for%20BA%20Gold%20card%20holders%20on%20strike%20days. aspx (14/04/2010). Easyjet, (2009), Cheap flights to Bucharest, [Online] http://www. easyjet. com/en/cheap-flights/Bucharest (16/04/2010). Easyjet, (2009), Annual report and accounts 2009, [Online] http:/ /2009annualreport. easyjet. com/files/pdf/easyJet_AR09. pdf (26/03/2010).Easyjet, (2009) The â€Å"easyjet ecojet†: to cut CO2 emissions by 50% by 2015, [Online] http://www. easyjet. com/en/news/easyjet_ecojet. html (05/04/2010). Easyjet, (2007) Airport Parking, [Online] http://parking. easyjet. com/ (19/04/2010). Easyjet, (2002), Easyjet Mission Statement, [Online] http://www. easyjet. com/en/about/ (26/03/2010). Grida, (2007), The boom in air travel, [Online] http://maps. grida. no/go/graphic/the-boom-in-air-travel (04/04/2010). Metoffice, (2010), Easyjet set for ClearFlight, [Online] http://www. metoffice. gov. uk/corporate/pressoffice/2010/pr20100201a. tml (19/04/2010). Marketoracle, (2010), UK Interest Rate Forecast 2010 and 2011, [Online] http://www. marketoracle. co. uk/Article16450. html (02/04/2010). Marketoracle, (2010), U. S. Dollar to Euro Currency Exchange Rate Forecast, [Online] http://www. marketvector. com/exchange-rate/euro. htm (02/04/2010). Telegraph, (2010 ), Election 2010: George Osborne says easyjet would be hit by ‘job tax’ on airport visit, [Online] http://www. telegraph. co. uk/news/election-2010/7560181/Election-2010-George-Osborne-says-easyJet-would-be-hit-by-jobs-tax-on-airport-visit. html Read also: My Ambition Is To Become a Collector

Grocery, Inc. Essay

Grocery, Inc. is a retail grocery store chain based in Any State; U.S.A. Grocery has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. Vendors range from individuals to international corporations. Tom works as the produce manager for the store in My Town, U.S.A. Jeff, 17 years old, is spending his summer vacation working for Tom in the produce department. A.) Does Article 2 of the Uniform Commercial Code (UCC) apply to the contracts between Grocery and its vendors? Do common law contracts apply? Explain, in detail, why or why not. Your answer should compare and contrast common law contracts and UCC Article 2 contracts. Yes Article 2 of the UCC does apply to the contracts between Grocery and their vendors. Article 2 applies to all contracts for the sale of goods (2-102). The code contains a somewhat complicated definition of goods (2-105); the most important thing to understand is that the term goods means tangible personal property. Article 2 does not apply to contracts for the sale of real estate or stocks and bonds and other intangibles. The drafters of the code also tried to promote fair dealing and higher standards of behavior in the marketplace. They attempted to do this in several ways in Article 2. The Code imposes a duty on everyone making agreements under the Code to act in good faith (1-203). The Code also imposes certain standards of quality on sellers of goods as a matter of law. Common law contracts would also apply to the Grocery and their vendors, due to the mixture of goods and services. Common law would apply to the service element that is predominant in the contract with regards to the delivery of the goods. (Barnes, J). The difference between Article 2 and common law is that if the contract is for the sale of goods then Article 2 would apply, if it is not then the principles of common law under contracts would apply. Article 2 reflects an attitude about contracts that is fundamentally  different from that of the common law. The Code is more concerned with rewarding people’s legitimate expectations than with technical rules, so it is generally more flexible than traditional contract law. A court that applies the Code is more likely to find the parties had a contract than a court that applies contract law (2-204). In some cases, the Code gives less weight to technical requirements such as consideration than is the case in contract law. (Barnes, J). B.) Grocery contracted with Masterpiece Construction to renovate the store on Main Street in My Town. Masterpiece, unable to complete the renovation within the six month time limit due to a sudden increase in jobs, sub-contracted the entire job to build them to fall. Grocery was unaware of the sub-contract. When Grocery realized (due to poor quality of work) that Build, not Masterpiece, was handling the renovation, Grocery petitioned the court for an injunction and then sued Masterpiece for breech of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or in the alternative, to discharge the contract due to commercial impracticability. Who wins? Explain your answer. Based on the information provided by Grocery would win the case based on breech of contract and specific performance. Under breech of contract, promissory must perform their contractual duties in the manner they have promised to perform them. Since Masterpiece did not perform the duties in the manner in which they promised they are liable for breech of contract. The courts recognize that there are three basic degrees of performance: complete or satisfactory performance, substantial performance, and material breech of contract. (Barnes, J). A contract consists of both rights and duties. A contracting party has the duty to perform his or her own promise and the right to receive the other party’s promised performance. These rights and duties can usually be transferred to third persons. When rights under a contract are transferred, this is called assignment. The transfer of duties is called a delegation. Not all contracts are assignable  over the objection of the promissory. The promissory who delegates duties is still liable to the promise if the party to whom the duties were delegated fails to satisfactorily perform them. This would make Masterpiece liable for the quality of work that Build them to fall produced for Grocery. The only exception to this rule would have been if the parties had entered into a novation which is a new, separate agreement by the promisee to release the original promissory from liability in exchange for a third party’s agreement to assume the promisor’s duties. As for Masterpieces claim that they had a right to delegate the duties to Build them to Fall under commercial impracticability they would have to show that unforeseen conditions would have caused a delay or inability to make delivery of the goods (make performance impracticable), then they would have been able to claim commercial impracticability. In the absence of compelling circumstances, the courts do not readily excuse parties from their contractual obligations, particularly where it is clear that the parties anticipated a problem and sought to provide for it in the contract. Since Masterpiece had contracted to perform the work for Grocery and then had a sudden increase in jobs this would not be considered compelling circumstances for sub-contracting the job to a company that would perform a poor quality of work. C.) At the end of the summer, Jeff had earned enough money to put a down payment on a car. He decided to continue working part time during school to earn money for the car payments. Jeff purchased a car from Steve at the local used car lot. Steve did not ask Jeff how old he was; but assumed he had reached the age of majority. Jeff paid the down payment and signed the contract stating that he would make payments of $200 each month. Six months later Jeff lost his job and could no longer make the payments. Jeff took the car back to Steve and said he wanted to cancel the contract and that he wanted his money back. What are the possible outcomes? Explain your answers. Jeff was a minor at the time of the contract. Therefore, Jeff is considered not to have the capacity to enter into contracts. Steve made the deal in â€Å"good faith† that Jeff was old enough to enter into the contract.  Unfortunately, the contract is voidable. Jeff was correct that he could disaffirm the contract. And upon the disaffirmance, Jeff had to return the vehicle to Steve. Even though the right to disaffirm a contract was meant to protect minors, some states have rejected that idea because that view creates a hardship on the adult involved. Under the case of Dodson v. Shrader, 824 W.2d 545 Tenn. Sup. Ct. 1992), Steve would be allowed to recover the depreciation of the vehicle from the monies that Jeff has paid. Especially considering the fact that Jeff has had the vehicle for six months or more. The states defer on the idea that the minor needs to be reimburse the â€Å"innocent adult† for dealing with the minor. However, many times minors can pass as adults at approximately 14 years of age and up. Minors also get fake IDs to get things like buying beer. Therefore, by allowing the minor to get away with not paying the debt he or she willing entered or lied to the adult to sign a contract, is not in the best interest of society to allow the minor not to suffer the consequences. Therefore, holding the minor responsible for his or her actions is one way for the minor to learn responsibility. D.) Grocery has a written contract with Cereal, Inc. to purchase 20 cases of cereal per month at $22 per case. The contract does not state the types of cereal or how the 20 cases will be divided up between Grocery’s 20 stores in Any State. After a flood, Cereal suffers severe water damage in its warehouse. With the exception of Soggy Flakes, Cereal does not have enough undamaged cereal to comply with its Grocery contract. On the day delivery was due, Grocery receives 10 cases of Soggy Flakes at the three stores located in My Town and two stores in Your Town. Twelve days before delivery was due, Grocery had requested, by facsimile, that 15 cases containing a variety of cereals be delivered to the five stores listed above with the remaining five cases going to Grocery’s warehouse in Corp Town. Grocery wants to reject the shipments of Soggy Flakes and cancel its contract with Cereal. Discuss Grocery’s rights under contract law. Cereal argues that based on the gap-filling rule, it had the right to modify the terms of the  contract. Analyze the gap filling provisions of UCC Article 2 as they pertain to the terms of this contract. What rights and/or defenses, if any, does Cereal have under contract law? Analyze the remedies available to Grocery and/or Cereal. Explain all answers in detail. Grocery has the right to reject the shipment. Grocery has to notify Cereal that the shipment was not adequate and is being rejected pursuant to Article 2-602. The notice must be accomplished â€Å"within a reasonable time† and preferably in writing [Article 2-602]. Grocery has the right to reject the shipment and cancel the contract.. However, Cereal must notify Grocery that due to unforeseeable circumstances, the shipment will consist of Soggy Flakes and only ten cases of cereal will be delivered. Cereal must notify Grocery that Cereal intends to replace the shipment within a reasonable time (gap-filling rule). However, under the circumstances, Cereal may not know how long Cereal may be without the correct product. Furthermore, Cereal needs to decide what it wants Grocery to do with the product (whether to sell the product, destroy the product, or store the product for later pick-up). Grocery does not have to pay for return shipment. If Grocery feels that Cereal cannot meet the obligations incurred, Grocery can demand an assurance that the contract will be performed. If the assurance is not forthcoming within 30 days, then Grocery can repudiate the contract [Section 2-609]. If Grocery later decides the Cereal can meet the terms of the contract, Grocery can decide to continue wit the contract if Cereal can show that Cereal intends to meet the obligations of the contract. E.) Tom spent his time away from work on his hobby, model trains. His train set was very large and consisted of rare and one-of-a-kind trains. One day, while visiting with a fellow train hobbyist Harry, Tom said, â€Å"When I retire in two years from Grocery, I’m going to sell my trains and spend the rest of my years traveling on real trains.† Tom then told Harry that he was the only person he planned to offer his trains to because he knew Harry would take good care of them. Harry said he looked forward to the day when he could buy the trains. Harry then spent the next two years and most of his savings  building a new 2,000 sq. ft. room onto his house to make room for the trains. When Harry told Tom that he was building the new room, Tom just smiled. Tom also heard that Harry had borrowed money from his aunt to buy the trains. When Tom retired, he sold his trains to David. Harry sued Tom claiming breach of contract, or in the alternative, for promissory estoppels. Who wins? Explain your answer. Although Tom and Harry did not have a written contract about the purchase of the trains, they did have a verbal contract. Breach of contract is described as any failure to perform that is not excused (Mallor, Barnes, Bowers, Langvardt, 2004). When Tom told Harry that Tom would sell his trains to Harry, Harry had the reasonable expectation that Harry would receive the trains. Harry then spent a large amount of money building an addition to his house in order to have room for the trains. Harry also had borrowed the money to purchase the trains from his aunt. â€Å"Promissory estoppel is an equitable doctrine that protects those who foreseeably and reasonably rely on the promises of others by enforcing such promises when enforcement is necessary to avoid injustice, even though one or more of the elements normally required for an enforceable agreement is absent† (Mallor, et al, 2004, glossary). In this case an injustice to Harry did exist because of the money he spent in building onto his house and expectation he had of receiving the trains. Harry wins the case based on the recognition of promissory estoppels in section 90 in the first Restatement of Contracts in 1932 (Mallor, et al, 2004, 338). The court would see the injustice to Harry by Tom failing to fulfill his promise to sell his trains to Harry. F.) Jason shipped a truckload of peaches from his orchard to Grocery using an independent trucker. In route, the truck broke down and the shipment was delayed three days. The peaches were spoiled when they arrived. The terms of the contract were F.O.B. Who bears the risk? Explain your answer. F.O.B. (Free on Board) means the seller is responsible to deliver the goods  free of expense and at his own risk to the designated place of delivery. In this case Jacob was responsible for the shipment until it reached Grocery. Grocery would be able to file a suit against Jason for damages. Jason would, however, be able to file a suit against the independent trucker for the damages to the peaches. This case is similar to the case in the textbook Windows, Inc. v. Jordan Panel Systems Corp. In this case, however, the term FOB is not used. The windows were to be properly packed and shipped, but were damaged due to load shift during transport. The buyer, Jordan, expected to receive the windows in good condition, ready to install. When the windows were delivered in bad condition, Jordon filed against the trucking company and did not pay Windows for the order. Jordan then ordered a duplicate order to be shipped that Jordan received with no problem. The error in this case was that Jordan did not pay Windows for either order and Windows had to file suit against Jordan in order to be paid for the shipments. Judgment was affirmed in favor of Windows. G.) Discuss the different warranties that apply to Grocery’s business. Explain your answer in detail. Grocery’s business operates under the implied warranty of merchantability. This warranty is one that the legal community has created, not one that is operating under a written or accepted contract. The warranty operates under UCC section 2-314(l) . Section UCC 20314(l) reads: â€Å"[A] warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. (Mallor, Barnes, Bowers and Langvardt, 2007). Under this warranty, Grocery’s implied warranty is that the products sold will be useable for the purpose intended. Grocery would be held responsible for products like canned goods, meats, bakery items, and the like because Grocery is in the business of selling these goods. Section 2-314 states the products must meet the following criteria. (1)In the trade, the product must pass inspection without objection. (2)The product must be fit for the purpose for which the product wasintended;(3)The product must be of even kind, quantity (same size unit), and kind (like boxed cereal). (4)The product must be adequately packaged and labeled (must list things like the calories per serving). (5)The product must conform to the packaging and labeling regarding any promises or statements that may be stated (the cereal must be Rice Krispies and not Cheerios if the box is marked Rice Krispies). (6)If a product is perishable, the product must be of fair quality. If goods do not conform to the above standards, a consumer may pursue legal remedies. Goods that do not function as intended are not merchandisable and would not meet the above standards. Furthermore, Grocery would be responsible for the goods sold at the store, not for computer products since the normal business of Grocery would be for canned goods, bakery items, meats, and the like. H.) Supplier Inc., a large wholesaler, had a contract with Grocery. Supplier sued Grocery for breach of contract when Grocery failed to place an order for goods by a specific date as specified in the contract. Each order was worth at least $550. Grocery contended that the contract Bill Green signed was a standard preprinted supply contract without specifics regarding time of order and quantity. Green had authority to sign a standard supply contract, but could not authorize specific terms. This was unknown to Supplier. Supplier argued that terms were â€Å"boilerplate† and therefore could be modified by acceptance. Supplier offered oral testimony at trial to prove that Green agreed to the modifications. Is there a contract? If so, what are the terms? Explain your answer. 1. Yes, there is a contract. The contract that Green claims to be a standard  preprinted supply contract and Suppliers claim can be modified by acceptance. 2. The terms are that Grocery was supposed to purchase goods by a specific date. 3. Each order is worth at least $550. a.) Also, discuss the use of Suppliers oral testimony at trial. 1. The use of Suppliers oral testimony can go either way. Oral testimony can be very effective if Supplier can prove that what Supplier is saying is true. Oral testimony can also be detrimental to Supplier’s case if it is proven that Supplier is lying. 2. Presenting to the courts and the jury that the copy of the actual contract is always a good idea. It will be up to the courts to decide if the original contract stands or if it is void. References Edition e-text] Prentice-Hall Publishing. Retrieved August 25, 2005, from University of Phoenix, Resource BUS/415-Business Law Web Site:https://ecampus.phoenix.edu/content/eBookLibrary/content/eReader. Mallor, J.P., Barnes, A.J., Bowers, T., & Langvardt, A.W. (2007). Business law: The ethical, global and e-commerce environment, 13e. The McGraw-Hill CompaniesUniversity of Phoenix. (Ed) (2005). Business Law [University of Phoenix Custom]