Management of Strategic Operations

Management of operations in a business setting relates to the control of activities or procedures that facilitate the production and delivery of goods and services (Greasley 2007, p. 12). It is a function that is found in every organization since every organization engages in the production of some goods or services.Advertising We will write a custom assessment sample on Management of Strategic Operations specifically for you for only $16.05 $11/page Learn More Operations management influences the cost of production and the quality of products. Thus businesses must focus on effective operations management strategies in order to improve their competitiveness. This paper will focuses on the concept of strategic operations management by analyzing Coca-Cola Company and its product, coca-coal soft drink. Product Profile Volume Volume relates to the quantity of a product that is produced and sold by the company (Greasley 2007, p. 86). The production volume at Coca-Cola is high since millions of its products are produced and sold per day. This is based on the fact that the company serves the global market and thus it has to produce very many units in order to meet the high demand (Coca-Cola 2011). The implications of this characteristic on production include repetition and systematization of procedures in order to improve efficiency. Besides, the firm focuses on capital intensive production in order to increase output. The high volume has resulted into low cost per unit. Variety Variety refers to the various types of products that are manufactured by the company (Greasley 2007, p. 89). The firm produces a wide variety of soft drinks. As at 30/12/2010, the company had a product portfolio of over 2000 different types of soft drinks. Thus it has a high level of product variety (Coca-Cola 2011). This has impacted on the production operations in two ways. First, the company uses a flexible system in order to take the needs of the customers int o consideration during product development. Second, the production process has become very complex as new products are introduced. Variety in Demand Coca-Cola’s products have a high variation in demand (Coca-Cola 2011). This is because the consumption of soft drinks is affected by weather or seasons. For example, the sales are usually high during summer and holiday seasons. However, the sales usually fall during the winter. The implications of this trend on production are as follows.Advertising Looking for assessment on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More First, the company has adopted a flexible production capacity in order to respond appropriately to changes in demand. Second, the firm is always in touch with the market in order to understand the changes in demand (Coca-Cola 2011). Finally, it has led to an increase in costs per unit as the company adjusts its capacity in response to changes in demand . Visibility Visibility refers to the degree to which the customers can follow their orders from the time the orders are placed up to the time when the goods are delivered (Stevenson 2008, p. 45). The visibility of Coca-Cola’s products is high. This is because they are usually delivered within the shortest time possible through an efficient distribution system (Coca-Cola 2011). The main impact of the high visibility is a focus on customers’ needs as the basis for evaluating satisfaction. Activities Undertaken in Order to Display the Operational Characteristics A high product variety has been sustained through research and development that enables the firm to develop new products. The firm has invested in modern communication and information technology in order to reduce the order processing time. This has enabled the firm to maintain high product visibility. In order to maintain a high production volume, the company has embarked on automating most of the production and delivery activities (Coca-Cola 2011). This involves the use of machines in various stages of production in order to increase output. The workers are also being trained regularly in order to improve their competence. This results into high productivity. During the low demand seasons, the firm usually embarks on intensive sales campaign and promotional activities. This indicates the high level of variation in the products’ demand. Attempts to Change the 4Vs First, the firm is implementing its expansion plan by establishing new production plants especially in the overseas markets. This is meant to increase productivity (volume) of the company. Second, the firm has launched its e-marketing website in order to strengthen its relationship with customers (Johnston 2009, vol. 29, pp. 564-587).Advertising We will write a custom assessment sample on Management of Strategic Operations specifically for you for only $16.05 $11/page Learn More This enables it to increase the variety of its products by incorporating the customers’ suggestions in product development. Finally, the company is focusing on improving the quality of the drinks by controlling the calorie levels (Coca-Cola 2011). This aims at making the products a necessity that can be consumed in all seasons. This strategy aims at reducing the high level of variation in the products’ demand. Conclusion The above assessment shows that management of operations has a direct impact on the cost of production and profits (Stevenson 2008, p. 67). Coca-Cola has been successful in the market since it has a high product visibility, volume and variety. However, the variation in the demand for its products is high and this has a negative effect on its profits since the sales usually decline during the low demand periods. References Coca-Cola 2011, Products, https://www.coca-cola.com/. Greasley, A 2007, Operations management, SAGE, New York. Johnston, R 2009, ‘Establishin g and developing strategic relationship: the role of operations manager’, International Journal of Operations and Product Management, vol. 29, no. 6, pp. 654-587. Stevenson, W 2008, Operations management, McGraw-Hill, New York. This assessment on Management of Strategic Operations was written and submitted by user The Hunter to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

is america a success essays

is america a success essays At the first of the year Miss Schoonmaker asked us if we thought America was a success or not. This got me thinking what are we going to learn that will make us think our country isnt a success? Well throughout the year I learned things that made me believe America is not a success. Things that made me not believe in America were how we go against things we pledge. Like the Constitution and how we treated blacks in the Civil Rights era. Another example is the American dream. The Dream was all centered primarily around money. Has it not been said that money is the root of all evil? Do we really believe in a country thats dream is evil? I believe the thought of the American dream brought us into civil war. The North and the South both had their views on what the American dream was. The Northern States wanted the "American dream" achieved for the whole country to be industrial, anti-slavery, and very federalist. Upon these institutions they planned to make the U.S. a superior nation in the world. The South wanted to achieve the same ultimate goal for the U.S. but with agricultural, pro- slavery, and states sovereignty institutions. These are the differences between both sides in achieving "the American Dream." In order to resolve the conflict of interests, North and South had to go to war to prove superiority thus proving which side is "the city upon the hill in which the losing side would follow. The American dream later made us build the suburbs like Levittown where the country was trying to make us all the same. We had the same house just different colors than everyone else. This all brought up the issue of conf ormity. America was trying to live up to an ideal that was not securing the blessings of liberty. In the best document ever written the opening clause is a big fat lie. It says we will ...establish justice, insure domestic tranquillity, provide f ...

Vicarious Liability -Legal Aspects in Health Care Essay

Vicarious Liability -Legal Aspects in Health Care - Essay Example It further defines and discusses apparent agency and the impact the status of the agent/employee versus independent contractor have on the analysis of liability. When it comes to criminal prosecution of negligence in the medical field, the law is in no way lenient. Murthy defines negligence as carelessness in a situation where the law mandates one to be careful. A breach of this gives the patient a right to file a case in court. In a case between Poonam Verma and Ashwin Patel in India, the terms negligence, acting in a rash and being reckless were defined. Negligence was defined as when one excludes or goes against a positive responsibility unintentionally. On the other hand, a reckless person was defined as one who is aware of the results of his or her actions but chooses not to care. Finally, a rash person was described as one who is aware of the results of his or her deeds, but assumes they will not happen. With regard to this, a doctor should not be criminally charged for the death of an individual until there is evidence of negligence or incompetence. In cases of malpractice, there are two damages provided. One is the compensatory damag e where the hospital compensates the patient and the other is the disciplinary or punitive damage where the hospital is punished for the negligence or omissions that led to malpractice. In fact, the Indian Penal Code, section 304(a) reads that any person who causes a patient to depart this life either due to an act of negligence or rash behaviour should serve two years in prison, pay a fine or receive punishment of the two (Murthy, 2007). In healthcare, a health providing institution can be held liable for any harm done to a patient. According to Donoghue, a hospital can be held liable either directly due to their negligence or vicariously for the negligence of an employee in cases of hospital malpractice. When hiring a member of staff, a hospital has to take great care. The hospital is supposed to

Read Devil in a Blue Dress by Walter Mosley and compare the advantages Essay

Read Devil in a Blue Dress by Walter Mosley and compare the advantages and disadvantages of first person point of view to point - Essay Example 2. Devil in a Blue Dress by Walter Mosley Every work of fiction is an amalgamation of fiction and reality where reality acts as a source of inspiration for the writer to enter the realm of fiction and twist the harsh veracity of life into a less brutal and bearable depiction of this world. â€Å"Devil in a Blue Dress† is a novel about the tale of Easy Rawlins who is a black American and is a self-made detective by profession. After fighting in World War 2 the protagonist of the novel settles in segregated Los Angeles and he is shown to be an individual who is haunted by his memories of the trauma of the war although he is fiercely proud of his home and overall achievement in life. The novel portrays the corrupt human existence and the degeneration that is gradually engulfing human beings and is turning them into robots that are channelized to attain monetary security, the more the better. The novel is narrated in first person narration which presents the readers with a myopic view of the whole situation i.e. the narrator Easy is the guide for the readers to understand the whole situation. ... This explanation about Albright might be true yet the readers do not have any evidence about this piece of information to be true or false because it is Easy’s personal point of view rather than an objective fact. However it cannot be denied that this form of narrative style establishes a close relation between the protagonist and the reader as it gives a chance for the audience to closely examine the protagonist’s actions and understand him well, as compared to rest of the characters who are introduced and described by the protagonist rather than an unbiased portrayal of every other character in the novel. The reader’s perception of Easy’s character can also be figuratively interpreted as the situation of majority of his fellow black men in real life i.e. his character is easily relatable to the hardships and problems that were faced by most of the American Blacks during and after World War 2 as it is stated in the novel, â€Å"I always tried to speak pr oper English in my life, the kind of English they taught in school, but I found over the years that I could only truly express myself in the natural, 'uneducated' dialect of my upbringing† (Mosley 10). It is such a common and heartfelt problem that has been faced by most of the Black Americans which not only makes such descriptions autobiographical but also help in forming a close bonding between the reader and the protagonist as Mosley rather than depicting farfetched or intangible ideas focusses on the mundane daily life of a black man and the problems he faced while growing up as well as an adult. At another place in the text it is stated, â€Å"A job in a factory is an awful lot like working on a plantation in the South. The bosses see all the

Modern historial narrative Essay Example | Topics and Well Written Essays - 1250 words

Modern historial narrative - Essay Example This is because Giovanna was well known to be a beggar and professional poisoner. Often, circumstances have lead us to take paths that have landed us in trouble, as this was the case for Giovanna, who started and ended her days at the market place either trying to sell some concoction that could do this or that or begging for food and money for herself and her children after she become a widow. Despite her bad luck in life, Giovanna had a keen interest in business. She noted that the only reason people (mostly women) went to her, was for her portions and magic despite her numerous protests of her incompetence in the practice. She learned to embrace her newly found ‘skill’ and even accepted the role in time. News about her spread in Palermo- of course in secret among her clients and potential clients- and soon, she was a typical witch. She had all the classical characteristics of a witch, in that she was old- seventy-five years old to be precise- a widow and a beggar. People even said that she went out at night with â€Å"the women from beyond† (donna di fura) who were supernatural whose unpredictable decisions and fickle desires, people believed were responsible for their good or evil fortunes. Lavack1 says that more and more women visited Giovanna despite her persistence for incompetence. Moreover, the magic they sought was lethal and had to kill its victim through occult powers, thus leaving whoever understood or mediated those powers morally and legally without blame. In short, those who went to Giovanna went with the intent to murder. Even when her mixtures and spells did not attain their desired effect, the intent to kill remained. Challenged by the pressure from her customers, Giovanna dedicated herself to perfecting her skill in spells and magic potions. Giovanna soon made a casual discovery that changed her

Standard American Diet Versus a Nutritarian Diet

Standard American Diet Versus a Nutritarian Diet Essential Nutrients Macronutrients include carbohydrates, proteins, and fat; they supply the calories to our body for energy and growth. Micronutrients include vitamins, minerals, and phytochemicals; they do not contain calories but are essential for health and growth. They are found in whole foods, vegetables, beans, berries, and seeds. Standard American Diet In the standard American diet (SAD) about 85 percent of calories come from low-nutrient, high-calorie processed foods, animal products, dairy products and sweets. All these foods contribute to weight gain, atherosclerosis, high cholesterol, and high blood pressure. Only 10 percent of the SAD is from natural plants such as vegetables, beans, seeds and nuts, which contain micronutrients that help protect blood vessels and prevent cancer. Thats why we have an epidemic of obesity, diabetes, heart disease, and cancer. The Nutritarian Diet, Health Equation, and ANDI Scores A nutritarian diet is a diet plan rich in micronutrients based on the health equation: Health (H) = Nutrients (N) / Calories (C) This means the more nutrient dense your diet, the healthier you become. The Aggregate Nutrient Density Index (ANDI) ranks the nutrient value of many common foods based on the amount of nutrients per calorie. This system ranks foods on a scale from 1 to 1,000, with the most nutrient-dense cruciferous leafy green vegetables (kale, collard greens, mustard greens, and watercress) scoring at 1,000. The table in Dr. Fuhrmans ANDI Scores (https://www.drfuhrman.com/learn/library/articles/95/andi-food-scores-rating-the-nutrient-density-of-foods) is a list of ANDI Scores of many common foods. The Eat to Live Plan is a nutritarian diet plan with the following features: Large portions of green vegetables, raw or cooked Animal products limited to no more than three small servings per week No dairy, white flour, and white rice No processed foods, cold cereals, and sweets No sweeteners, except fruits and limited unsulfured dried fruits Carbohydrates with high ANDI scores, such as beans, peas, squashes, lentils, and intact whole grains Protective foods such as walnuts, mushrooms, onion, berries, and seeds. Food Pyramid Beef, sweets, cheese, milk, processed food, hydrogenated oil Rarely Poultry, eggs, oils Once a week or less Fish/Fat-free dairy Twice a week or less Raw nuts/Seeds 10-20% of calories Fruits 15-25% of calories Beans/Legumes 20-30% of calories Vegetables half raw and half cooked 30-70% of calories Glycemic Index (GI) and Glycemic Load (GL) Refined grain products-such as bagels, white bread, pasta, white rice, most breakfast cereals, and other processed grains- have low nutrient value. These foods are rapidly digested and converted to sugar, raising the glucose level in the bloodstream in the same way as if you had consumed a cube of sugar. Studies have shown that long-term intake of refined grain products causes weight gain and increases the risk of type 2 diabetes. The glycemic index (GI) ranks food on a scale from 0 to 100 according to their impact on blood sugar levels after eating. Foods with a high GI are digested and absorbed rapidly, producing steep rises in blood sugar and insulin levels. Low-GI foods are digested and absorbed slowly, producing gradual rises in blood sugar and insulin levels. The glycemic load (GL) measures the actual calories of glucose produced by a serving of the food. Carrot is a good example of the lack of precision inherent in using only the GI measure. Carrots GI is 35, which is fairly high. But when carrots are eaten raw, their glycemic effect is lessened as the body does not absorb all the calories in raw foods. Carrots GL is only 3. It is not a negative food, even for the diabetics. The Glycemic Index (GI) Food Chart (http://documents.hants.gov.uk/hms/HealthyEatingontheRun-LowGlycemicIndexFoodList.pdf) shows the GI for many common foods. Studies have shown that a diet with a higher GL is associated with a greater risk of colorectal, endometrial, and breast cancers. Refined grain products, soft drinks, and fruit juices can cause weight gain and lead to diabetes. Studies also show the this link becomes stronger as the individuals weight and insulin resistance increases.

The Battle of Bougainville :: essays research papers

The Solomon Islands campaign began with the taking of Guadalcanal in December 1942. In February 1943 the Russell Islands fell, and the New Georgia group followed in August 1943. At the end of 1943, the campaign reached its goal when American troops gained a solid foothold on the island of Bougainville. The Russells, New Georgia and Bougainville were objectives Objective: Isolate Rabaul The objective of the Solomon Islands campaign was to cut off Japan's major forward air and naval base at Rabaul, on the island of New Britain. Rabaul was the hub of Japanese air power in the south Pacific--a stopping point for planes coming from New Guinea in the southwest and Truk, the home of the Japanese Combined Fleet, in the south central Pacific. Bougainville was key to neutralizing Rabaul. Preliminary Attacks The first attack on Bougainville occurred Aug. 15, 1943. Eight Corsairs from Marine Fighter Squadron 214 (later known as the Black Sheep) flew up from the Russell Islands to strafe the Kahili airfield during American amphibious landings on the island of Vella Lavella. The lightning strike--a surprise so complete the Japanese did not have time to shoot back--damaged aircraft and refueling equipment on the ground and forestalled a night attack on the American amphibious force. because of their value as air bases. Battle of Empress Augusta Bay The evening of the landing, Army reconnaissance aircraft reported that a large Japanese surface force was heading for Bougainville. Task Force 39 intercepted it about 2:30 the following morning 45 miles west of Empress Augusta Bay. The American ships, executing maneuvers at breakneck speeds in the darkness to avoid Japanese long-range torpedoes, sank two enemy ships after three hours of heavy fire. With two other ships damaged in collisions while trying to avoid American torpedoes, the scattered Japanese chose to retreat. The American force had only two ships hit, both of which sustained moderate damage. The Japanese Response Battle of Empress Augusta Bay The evening of the landing, Army reconnaissance aircraft reported that a large Japanese surface force was heading for

Ecotourism & people Essay

Ecotourism is a branch of tourism which seeks to extend the concept of sustainability to the tourism industry. In recent years, concerns such as the planet’s sustainability, preservation of its natural resources, balancing human activities with Mother Nature’s needs and so on, have reached all-time highs. It is exactly concerns such as these which have led to the development and growth of ecotourism. There is no single universally accepted definition of ecotourism. Indeed, several researchers, tourism providers, environmental agencies and local bodies have formulated different definitions, which vary slightly in their scope and breadth. However, three key elements are central to most of the definitions encountered in a review of the existing literature, namely: sustainability of the ecotourism location; creating an appreciation among ecotourists of the need to preserve the natural environment; creating respect and/or contributing to the development of the local cultures (Eastwood, 2009). These characteristics of ecotourism quite obviously place it into sharp contrast with traditional mass tourism. Mass tourism often attracts tourists to locations that have been extensively developed in terms of infrastructure, facilities, communication networks and so on. In doing so, the natural and physical environment of such locations is dramatically altered, in ways that are irreversible. Moreover, large amounts of energy may be consumed to sustain such establishments. In contrast, ecotourism seeks maximum preservation of the natural environment of designated locations. Indeed, the very charm for an ecotourist lies in visiting a location that still remains largely untouched by modern development. Mass tourism also makes no claims to educate tourists with regard to the environment. The main offering of mass tourism is typically entertainment and leisure. Individuals availing this form of tourism typically use their holidays to take a temporary break from their commitments, choosing to relax and unwind during the interval before returning to their routine lifestyle. Unless the tourists specifically choose to embark on an educational journey in areas of personal interest, most journeys do not have serious objectives, and this factor is reflected in the marketing appeals used by mass tourism providers. Finally, while tourists in the realm of mass tourism are most certainly exposed to different cultures and people, this interaction is generally viewed as more of an exotic exposure rather than anything more meaningful or substantial. There is no pressing need felt by the tourists or the mass tourism providers to contribute to the different communities visited or to be concerned about their development. On the other hand, most genuine ecotourism initiatives are geared to the development of host communities, with long term planning and financial resources being channeled towards this objective (Schellhorn, 2010). Part Two: The Ecotourist Experience The unique aspects of the ecotourist experience and its implications for host communities are explored next. Motivations are not homogenous: It would be misleading to assume that all tourists visiting ecotourism locations have the same motivations. An analysis of tourists at Al Maha, an ecotourist resort in Dubai, revealed that the average tourist is simply motivated to come and enjoy the desert setting more than anything else. Many of the tourists are rich individuals, primarily businessmen and women, who simply desire an exotic temporary accommodation as an alternate to hotels in the city. While at the resort, such individuals do not sever ties with their corporations, or typically immerse themselves in the indigenous culture as the ideal ecotourist is expected to do. Another segment of tourists at this resort consists of honeymooning couples looking for a romantic getaway – again, not the stereotype of the dedicated ecotourist (Ryan & Stewart, 2009). Since the motivation itself is lacking, the Al Maha ecotourist resort is hardly able to change the tourists perceptions regarding sustainability or the need to preserve and appreciate the natural environment and local cultures. Scale of development: The Al Maha resort example discussed above also raises an import concern: the scale of development within ecotourism locations. Al Maha is extensively projected as an ecotourist destination; however, it has been extensively developed, almost resembling a luxury resort! The resort also consumes vast amounts of energy in maintaining its facilities, which runs somewhat contrary to the concept of sustainability of resources. Those in support of large scale ecotourist destinations claim that expansion of such projects is almost a prerequisite if such projects are required to have a substantial impact globally (Buckley, 2009). Tourist behavior may be counter-productive: A study conducted at three ecotourist destinations in the Himalayas revealed that, in some instances, so called â€Å"ecotourists† were actually creating compounding problems of pollution by littering and improper disposal of non-biodegradable items. Ironically, the management of hotels was doing no better either – discharge of untreated waste water was rampant (Batta, 2006). Such behavior is in complete violation of the spirit of ecotourism. It not only spoils the experience of true ecotourists who may also be frequenting such resorts, but is also a social issue since it creates discomfort for the local residents. New income may not be channeled in sustainable activities: Whereas income generation for the local community members at ecotourism locations is an expected and desired outcome, this new income may defeat the objectives of sustainability if it is channeled in undesired activities. For example, a case study conducted in Brazil and Peru revealed that locals used the income generated from employment at ecotourism locations to engage in needless, extravagant consumption of goods. Moreover, earning income from this means did not deter them from engaging in activities such as hunting or unsustainable exploitation of natural resources (Stronza & Pegas, 2008). This study highlights the need to educate the local communities involved in ecotourism initiatives if the full benefits of these initiatives are to be realized. The negative impacts of overcrowding: The ecotourist’s experience is most fulfilling if the location is perceived to offer a serene, calm environment, where one can get away from hustle-and-bustle and really connect with nature. This is precisely the reason why overcrowding can seriously deter the ecotourist’s enjoyment of his/her experience (Ormsby & Mannle, 2006). Managers of ecotourism locations are placed in a quandary, particularly if they are aiming to generate significant amount of funds from attracting tourists. On the one hand, they want their destination to become popular and attract the optimal level of tourists; on the other hand, if overcrowding occurs, then the destination loses its appeal for true ecotourists. Ethical dilemmas: In her article entitled â€Å"Ethics and ecotourism: connections and conflicts†, Stark (2002) proposed a series of questions pertaining to ethical concerns in the realm of ecotourism. A few summarized questions, pertinent especially to those in the tourism industry who provide travel packages claiming to be ecotours, are as follows: What is the â€Å"carrying capacity† of a specific site (or in other words, how many tourists it can support), beyond which the local environment would be prone to harm? Is ecotourism simply being projected as a fashion statement or something which is â€Å"in†? Are local cultures simply being objectified rather than truly appreciated? What are the net costs and benefits of ecotourism activities? Do local communities benefit, and are they involved at each level of implementation? Is care being taken, particularly in developing countries, that sites which have rich traditional or cultural heritage are not being exploited for commercial purposes? These are just some of the numerous questions which come to the fore when choosing a destination for ecotourism and designing and implementing a strategy which is ethically sound. It is an accepted fact that the development of any form of tourism, even ecotourism, has long-lasting impacts on local communities. Therefore, it is vital for ecotourism development agencies to take the locals on board and determine in advance what nature and level of changes are acceptable to them (Butcher, 2006). Unsuitable nature of education provisions: Stem et. al (2003), in an article entitled â€Å"Ecotourism and education for sustainability: a critical approach†, that most of the insights and educational experienced provided at ecotourism locations currently are not up to par and sufficient to generate a proper understanding of sustainability and environmentally friendly activities among tourists. Some tours provide theoretical data, others provide adventure and thrill, whereas still others merely encourage tourists to immerse themselves in their surroundings and appreciate natural beauty. What is lacking is the kind of education which would motivate attitudinal and behavioral change among tourists, not only while they are on tour but something which they can appreciate, act upon and tell others about as well once the tour has ended. Longitudinal studies could be employed to find out whether ecotourists actually change and maintain their changed behavior over an extended period of time after a given trip, but such studies have largely been lacking to date (Buckley, 2009).

Westdeutsche Landesbank Girozentrale

Previously, the courts had only allowed awards of compound interest if the claimant could establish a property right (though this was later reversed in Samara Metals Ltd v IIRC[I]). Accordingly Westchester bank argued that when it paid over the money a re us Ting trust arose immediately, because the bank plainly did not intend to make a gift. Among t he arguments, counsel for the bank submitted that a resulting trust arose on all unjust enrichment claim s, which this was, given that the basis for the initial contract had failed.The council contended that on trade sectional trust law principles here could be no resulting trust (and therefore no property right, and comps undo interest) because the council's conscience could not be affected when it could not know (before the judgment in Hazel) that the contract was void. A resulting trust needed to be linked to a deemed intent Zion of the parties that money be held on trust, but there was none because the bank had intended t he money to pass under a valid swap agreement (even though it did not turn out that way).It followed t hat compound interest could only begin accruing from the later date of the council's conscience been g affected. On the 18 February 1 993, Hoboes J held the bank could recover the money because the council had been unjustly enriched at the bank's expense, and could recover compound I interest. Hazel v Hammerheads and Pelham LABEL] was considered and Sinclair v Brougham] was applied. On the 17 December 1993, the Court of Appeal, with Dillon U, Elegant LLC and Kennedy LLC, upheld the High Court, with Andrew Burrows acting for Collision LB, and Jonathan Assumption ICQ for Westchester.The council appealed. Judgment The House of Lords by a majority (Lord Brownstone's, Lord Slyly and Lord d Lloyd) held that Westchester bank could only recover its money with simple interest because e it only had a personal claim for recovery in a common law action of money had and received. But the e bank had no pro prietary equitable claim under a resulting trust. There was no resulting trust because t was necessary that the council's conscience had been affected when it received the money, by knoll edge that the transaction had been ultra fires and void.Consequently it was necessary that there would d be an â€Å"intention† that the money be held on trust, but this was not possible because nobody knew that the transaction would turn UT to be void until the House of Lords' decision in Hazel v Hammerheads and Pelham LB in 1991. [4] In his Lordship's view all resulting trusts (even those described by Meagerly a s â€Å"automatic† in Re Bandleader's Trusts (No depended on intention and were not connected with the law of unjust enrichment. It followed that no trust arose, and there was only a personal claim m for the money back.This meant, said the majority, that only simple interest, and not compound interest t was payable (a controversial decision that was overturned in Samara Meta ls Ltd v IIRC[6]). The two dissenting judges, Lord Goff and Lord Wolf, also thought that there would be no resulting trust of the money because if a proprietary claim were available, in other case s like this it would have an unfair impact on other creditors of an insolvent debtor, and similarly because it could potentially be unfair if assets could be traced.However, they would have held that compound d interest should be available on personal claims. Lord Goff, however, expressly did not enter into a discussion of the points about unjust enrichment that went beyond the scope of the present case. Lord d Wolf quoted De Havilland v Powerboat[7] where Lord Mansfield CA stated, â€Å"that though by the common law, book debts http://en. Kipped. Org/wick/ do not of course carry interest, it may be payable in consequence of the usage e of particular branches of trade; or of a special agreement†.There was no reason why compound intern SST should not be awarded if it was ordinary com mercial practice. Lord Goff gave his judgment first, agreeing that there was no resulting trust of r different reasons, but in dissent arguing that compound interest should be awarded on personal claim (2) A proprietary claim in restitution have already stated that restitution in these cases can be achieved by means off personal claim in restitution. The question has however arisen whether the Bank should also have the benefit of an equitable proprietary claim in the form of a resulting trust.The immediate reaction must be why should it? Take the present case. The parties have entered into commercial transaction. The transaction has, for technical reasons, been held to be void from the beginning. Each party is entitled to recover its money, with the result that the balance must be repaid. But why should the plaintiff Bank be given the additional benefits Lord Goff. Which flow from a proprietary claim, for example the benefit of achieving priority in the event of the defendant's inso lvency?After all, it has entered into a commercial transact Zion, and so taken the risk of the defendant's insolvency, just like the defendant's other car editors who have contracted with it, not to mention other creditors to whom the defendant t may be liable to pay damages in tort. Feel bound to say that I would not at first sight have thought that an equitable proprietary claim in the form of a trust should be made available to the Bank I n the present case, but for two things.The first is the decision of this House in Since air v Brougham [1 914] AC 398, which appears to provide authority that a resulting trust may ended arise in a case such as the present. The second is that on the authority sees there is an equitable jurisdiction to award the plaintiff compound interest in cases who ere the defendant is a trustee. It is the combination of those two factors which has pr vided the foundation for the principal arguments advanced on behalf of the Bank in sup port of its submission that it was entitled to an award of compound interest.Lord Goff considered points about compound interest, suggesting there as no particular reason why compound interest should not be awarded for persona I claims. He then continued on the issue of proprietary restitution†¦ In a most interesting and challenging paper published in Equity: Contemporary Y Legal Developments (1992 deed. Goldstein). Professor Birds has argued for a wider roll e for the resulting trust in the field of restitution, and specifically for its availability in ca sees of mistake and failure of consideration. His thesis is avowedly experimental, writ ten to test the temperature or the water.I feel bound to respond that the temperature o f the water must be regarded as decidedly cold: see. E. G. , Professor Burrows in [1995] RL R 15. And Mr.. W. J. Swaddling in (1996) 16 Legal Studies 133. In the first place, as Lord Brownstone's points out, to impose a resulting try just in such cases is inconsistent with t he traditional principles of trust law. For on re accept of the money by the payee it is to be presumed that (as in the present case) the Eden itty of the money is immediately lost by mixing with other assets of the payee, and at the at time the payee has no knowledge of the facts giving rise to the failure of consideration.By the time that those facts come to light, and the conscience of the payee may there ebb be affected, there will therefore be no identifiable fund to which a trust can attach h. But there re other difficulties. First, there is no general rule that the property in money paid under a void contract does not pass to the payee: and it is difficult to escape the con occlusion that, as a general rule, the beneficial interest to the money likewise passes to the p aye.This must certainly be the case where the consideration for the payment fails after the payment is made, as in cases of frustration or breach of contract: and there a appears to be no good reason why the sa me should not apply in cases where, as in the pres .NET case, the contract under which the payment is made is void ABA monition and the considerate on for the payment therefore fails at the time of payment. It is true that the doctrine of mistake might be invoked where the mistake is fundamental in the orthodox sense of that word.But that is not the position in the present case: moreover the mistake in the p resent case must be classified as a mistake of law which, as at the law at present stands, c rates its own special problems. No doubt that uncircumcised doctrine will fall to be race insider when an appropriate case occurs: but I cannot think that the present is such a case, since not only has the point not been argued but (as will appear) it is my opinion the t there is any event jurisdiction to award compound interest in the present case.For all of these reasons I conclude, in agreement with my noble and learned friend, that there e is no basis for holding that a resulting tru st arises in cases where money has been paid u ender a contract which is ultra fires and therefore void ABA monition. This conclusion has t he effect that all the practical problems which would flow from the imposition of a rest Ting trust in a case such as the present, in particular the imposition upon the recipient o f the normal duties of trustee, do not arise.The dramatic consequences which would occur re detailed by Professor Burrows in his article on ‘Swaps and the Friction between n Common Law and Equity' in [1995] RL 1 5, 27: the duty to account for profits accruing f room the trust property; the inability of the payee to rely upon the defense of change of position: the absence of any limitation period: and so on. Professor Burrows even goes so far as to conclude that the action for money had and received would be rendered otiose SE in such cases, and indeed in all cases where the payer seeks restitution of mistaken p aments.However, if no resulting trust arises, it al so follows that the payer in a case such h as the resent cannot achieve priority over the payee's general creditors in the even OTF his insolvency a conclusion which appears to me to be just. For all these reasons conclude that there is no basis for imposing a resulting trust in the present case, and I therefore reject the Bank's submission that it was here .NET title to proceed by way of an equitable proprietary claim. I need only add that, in area Chining that conclusion, I do not find it necessary to review the decision Of Colluding J. N C hash Manhattan Bank AN v Israelites Bank (London) Ltd [1 981] Chi 105. Lord Brotherliness's judgment, agreed with by the majority, followed. Was there a Trust? The Argument for the Bank in Outline The Bank submitted that, since the contract was void, title did not pass at the date of payment either at law or in equity. The legal title of the Bank was extinguish d as soon as the money was paid into the mixed account, whereupon the legal title be came me vested in the local authority.But, it was argued, this did not affect the equitable inter est., which remained vested in the Bank (â€Å"the retention of title point†). It was submitted t hat whenever the legal interest in property is vested in one person and the equity blew interest n another, the owner of the legal interest holds it on trust for the owner of the e equitable title: â€Å"the separation of the legal from the equitable interest necessarily import TTS a trust. † For this latter proposition (â€Å"the separation of title point†) the Bank, of course, relies on Sinclair v Brougham [1914] AC 598 and Chase Manhattan Bank [1981] Chi 105.The generality of these submissions was narrowed by submitting that the trust t which arose in this case was a resulting trust â€Å"not of an active character†: see per Vise count Holland L. C. In Sinclair v Brougham, at p. 421. This submission was reinforced , after implosion of the oral argument, by sen ding to your Lordships Professor Pete r Birds' paper Restitution and Resulting Trusts,† Goldstein, Equity: Contemporary Leg al Developments (1992). P. 335. Unfortunately your Lordships have not had the advantage of any submissions from the local authority on this paper, but an article by Wi Lima Swaddling â€Å"A new role for resulting trusts? 16 Legal Studies 133 puts forward c enter arguments which I have found persuasive. It is to be noted that the Bank did not found any argument on the basis that t he local authority was liable to repay either as a constructive trustee or under the in p reason liability of the wrongful recipient of the estate of a deceased person establish deed by In re Diploid [1 948] Chi. 465. Therefore do not further consider those points. The Breadth of the Submission Although the actual question in issue on the appeal is a narrow one, on the AR GU meets presented it is necessary to consider fundamental principles of trust law.

Switch Statement in Ruby

How to Use the Case/Switch Statement in Ruby In most computer languages, the case or conditional (also known as  switch) statement compares the value of a variable with that of several constants or literals and executes the first path with a matching case. In Ruby, its a bit more flexible (and powerful). Instead of a simple equality test being performed, the case equality operator is used, opening the door to many new uses. There are some differences from other languages though. In C, a switch statement is a kind of replacement for a series of if and goto statements. The cases are technically labels, and the switch statement will go to the matching label. This exhibits a behavior called fallthrough, as the execution doesnt stop when it reaches another label. This is usually avoided using a break statement, but fallthrough is sometimes intentional. The case statement in Ruby, on the other hand, can be seen as a shorthand for a series of if statements. There is no fallthrough, only the first matching case will be executed. The Basic Form of a Case Statement The basic form of a case statement is as follows. As you can see, this is structured something like an if/else if/else conditional statement. The name (which well call the value), in this case inputted from the keyboard, is compared to each of the cases from the when clauses (i.e.  cases), and the first when block with a matching case will be executed. If none of them match, the else block will be executed. Whats interesting here is how the value is compared to each of the cases. As mentioned above, in C, and other C-like languages, a simple value comparison is used. In Ruby, the case equality operator is used. Remember that the type of the left-hand side of a case equality operator is important, and the cases are always the left-hand side. So, for each when clause, Ruby will evaluate case value until it finds a match. If we were to input Bob, Ruby would first evaluate Alice Bob, which would be false since String# is defined as the comparison of the strings. Next, /[qrz]./i Bob would be executed, which is false since Bob doesnt begin with Q, R or Z. Since none of the cases matched, Ruby will then execute the else clause. How the Type Comes Into Play A common use of the case statement is to determine the type of value and do something different depending on its type. Though this breaks Rubys customary duck typing, its sometimes necessary to get things done. This works by using the Class# (technically, the Module#) operator, which tests if the right-hand side is_a? left-hand side. The syntax is simple and elegant: Another Possible Form If the value is omitted, the case statement works a bit differently: it works almost exactly like an if/else if/else statement. The advantages of using the case statement over an ​if statement, in this case, are merely cosmetic. A More Compact Syntax There are times when there are a large number of small when clauses. Such a case statement easily grows too large to fit on the screen. When this is the case (no pun intended), you can use the then keyword to put the body of the when clause on the same line. While this makes for some very dense code, as long as each when clause is very similar, it actually becomes more readable. When you should use single-line and multi-line when clauses are up to you, its a matter of style. However, mixing the two is not recommended - a case statement should follow a pattern to be as readable as possible. Case Assignment Like if statements, case statements evaluate to the last statement in the when clause. In other words, they can be used in assignments to provide a kind of table. However, dont forget that case statements are much more powerful than simple array or hash lookups. Such a table doesnt necessarily need to use literals in the when clauses. If there is no matching when clause and no else clause, then the case statement will evaluate to nil.

Plato and Descartes on the Soul Essay Example | Topics and Well Written Essays - 1000 words

Plato and Descartes on the Soul - Essay Example † to which the former replied, â€Å"No, by God, I haven’t. Are you really in the position to assert that?† (Lorenz), is also the modern man’s rebuttal. There perhaps can never be an end to the discussion of the topic until one soul will come and show us all where we could have been wrong and where we could have been right in our arguments about it. As the soul is not a physical being that we can say where it is while we know its existence or can we tell where it has gone or what happens to it when we know its demise. However, although the issue has never been quite resolved, enlightenment on the issue have been initiated by such great philosophers like Plato and Descartes whose thoughts would be the main sources of this paper, seeing where they meet and where they contrast. Plato is the well known student of Socrates who carried with him most of his mentor’s philosophies and brought them to the existence it enjoys until this day. The son of wealthy Athenians, he sought education from well known philosophers during his time and has learned a great deal from them, taking his education seriously. He had been a good student, looking to the benefits of education rather than squandering their wealth in the pursuits of young men his age when he was seriously following his teachers. Rene Descartes on the other hand is not just a French Philosopher but also a Scientist, Psychologist and Mathematician who is popularly known for his Cartesian system. He also known for his philosophy of ‘cogito ergo sum’ meaning, ‘I reflect, therefore I am’ meaning. This, he uses to support his stand in the existence of the soul whether in the body or after the destruction of the body. Having been influenced by the early Greek philosophers who believed that a person is not just a body but has a soul, both Plato and Descartes believed the same notion, yielding to the idea that the soul is immoral in contrast to what some Greeks he ld like Glaucon. While Glaucon believed that the soul is like breath or smoke that can be extinguished during death, Plato most agreed to his mentor, Socrates, when it comes to the understanding of the soul. In Phaedo, Plato displayed his conversations with Socrates which expressed the two philosophers’ agreements and disagreements. They argue that the soul is immortal because it is life and is life in itself as fire is heat and is heat by itself. Descartes on the other hand does not offer much to his belief about the immortality of the soul but probably has adopted the general notion that truly, the soul is eternal and he approached his philosophy with the help of Science. During his time, the pineal gland was a subject for study among philosophers and scientists and he held it as the seat of interaction of the soul and body but not the abode of the soul (Lokhorst). The pineal gland, to him is th place where all thoughts are formed (custance.org). He believed that the brain is different from the soul and made a distinct separation among the body, soul and brain. The body an brain are to simply mechanistic, taking for example the animals who do not have souls, act mechanically in response to the circumstances in their surroundings. Human beings on the other hand differentiated from the animals through their souls because even if they have bodies and brains like the animals, they have sense perceptions and physical passions. He further explains that though these passions are expressed through the body, the awareness of the actions lies in the soul. Similarly or more on the contrary, for Plato, the soul distinguishes animate from inanimate. He claims that it is what makes a body, living, breathing and moving (Lorenz). Plato then considers animals and plants to

Who should receive experimental treatment (of Ebola) Essay

Who should receive experimental treatment (of Ebola) - Essay Example One such mechanism is the emergency Investigational New Drug (IND) initiative (Centers for Disease Control and Prevention, 2014). The Ebola virus has been principally restricted to underdeveloped nations of the world. Consequently, no vaccine or drug to address it has been produced, despite its presence for nearly four decades. The current outbreak of this disease has been of such gravity that the developed nations have been seriously striving to produce vaccines and drugs to deal with it. The rapidity with which this dread infection is spreading has necessitated an approach that ignores the existing rules governing the delivery of new drugs. The WHO clearly stated that when certain conditions were satisfied, it would not be unethical to provide vaccines and drugs, in the experimental stage to prevent infection (The Economist, 2014, p. 85). The experimental serum ZMapp, developed by the US, was injected to two missionaries of the US, after they had been infected with the Ebola virus in Liberia. These missionaries were subsequently relocated to the US and were undergoing treatment in that nation. In the aftermath of this incident, the WHO conducted a meeting to discuss the ethical issues involved in administering experimental drugs to individuals infected with the Ebola virus (Dionne, 2014). In addition, this drug had also been given to a small number of US health officials who had been infected with the Ebola virus in West Africa. The apparent success of this drug in combating the dread Ebola virus induced the US health officials to ask some of the most advanced biology laboratories to present it with plans for producing it (The Guardian, 2014). As such, the provision of healthcare is biased, and the above evidence demonstrates it adequately. The American missionaries had been given the promising new drug, whereas no attempt was