Change of Position Defence

The defendant may claim the defence of change of position. Whether the defendant can successfully establish this defence depends of whether he can prove that his position is so changed that he will suffer an injustice if called upon to repay or repay in full (Lipkin Gorman v Karpnale) * In order to prove a change of position defence, first there must be an adverse change of position by the recipient in good faith and in reliance on the payment (New Zealand Banking Group v Westpac Banking Corporation) * The current position in Australia with regard to the availability of the defence is that the defendant must have (1) changed their position (2) irreversibly (3) in reliance on its receipt (4) in good faith (Australian Financial Services)(1) CHANGE THEIR POSITION / SUFFER DETRIMENT * The defendant must first be able to prove a change in the relative net assets of the defendant which shows that the defendant has acted to his detriment on the faith of the payments received from the plaint iff. In other words, the change must involve a net loss.FACTUAL GAIN BUT NET LOSS * Even where a woman who had purchased new furniture and had got rid of her old furniture on reliance on her receipt, where the court accepted that she was factually enriched by her receipt since her net assets were worth more than what she had before, the change of position defence would nevertheless apply since if she was required to make restitution, she would be left with a net loss. * The mere fact that she continues to benefit from the money does not defeat the defence of change of circumstances. The furniture acquisitions represent replacement of items the plaintiff had in her possession when she would not have replaced the items except for the error. The expenditures were not to meet ordinary expenses or pay existing debts.(RBC Dominion Securities v Hills Industries)IS SPENDING ON ORDINARY LIVING EXPENSES CHANGING YOUR POSITION? In general, expenditure on ordinary living expenses will not be re garded as a detriment or that the defendant changed his position because the defendant has to prove that he acted differently from how he would have ordinarily acted on the faith of the belief that the benefit conferred by the plaintiff was the defendant’s to spend (Australian Financial Services & Leasing v Hills Industries) * However, a defendant is not precluded from relying on the defence of change of position merely because she has spent the money on ordinary living expenses, provided the expenditure is a substantial detriment stemming from her reliance on receipt of the payment. The defence can apply where the defendant does not simply spend the money on such expenses but applies for and is denied benefits to which she is entitled as a result of her receipt (TRA Global Pty Ltd v Kebakoska) In that case, the respondent had been made redundant by her employer who told her she was entitled to a redundancy payment equivalent to 12 weeks pay on severance and accordingly p aid her the sum. She in fact had no such legal entitlement.She subsequently applied for unemployment benefits from Centrelink but was denied them because she had declared receipt of the redundancy money. She was forced to used the bulk of the redundancy money to pay living expenses until she found work eight months later. When the appellant employer sought restitution of the payment on grounds of mistake, the court held that the plaintiff had a defence of change of position despite having spent the money on ordinary living expenses since the expenditure is a substantial detriment stemming from her reliance on receipt of the payment and was denied benefits to which she was entitled as a result of her receipt.DISCHARGING AN EXISTING DEBT * It is not a detriment to pay off a debt which will have to be paid of sooner or later (RBC Dominion Securities v Dawson) In that case Mr Dawson had a Visa debt which he liquidated in a manner he would not have otherwise done had it not been for the mistake on the part of the appellant to overpay him. However, since the Visa debt and those to family members was incurred prior to the mistake, it would have been paid in any event and cannot be said to be to Mr Dawson’s detriment because the payment would be a payment of a debt already owed. (2) IRREVERSIBLY * The second element is that actual, non-speculative and irreversible detriment (Australian Financial Services & Leasing v Hills Industries) The nature of the change must be such that it cannot now be undone such as money received which has been irretrievably paid away or incurring unconditional contractual obligation as a result of receipt. In Australian Financial Services, the plaintiff finance company was duped by a fraudster and two of his companies into advancing money to several legitimate businesses including that of the second defendant to whom the fraudster and his companies owed money so as to discharge their debts. The plaintiff was led to believe that th e purpose of the money being advanced to the defendants was to finance the purchase of equipment they were supplying to the first company when the equipment never existed. Each of the defendants was accustomed to receiving payments for their equipment from finance companies so they were not immediately suspicious of receiving money from the plaintiff.The plaintiff then claiming unjust enrichment against the defendants on the ground that it had made payments under the mistaken belief that the invoices made by the fraudster to the plaintiff, purporting to be from each of the defendants, were genuine and that it would obtain title to the equipment named in the invoices. * In this case, the court held for the defence of change of position to succeed that there must be evidence of an irreversible detriment. The second defendant having foregone default judgments already obtained against one of the fraudster’s companies was in reliance on receipt of the money from the plaintiff was such evidence. * In TRA Global Pty Ltd v Kebakoska, the detriment to the plaintiff such that she was denied benefits to which she was entitled to stemming from her reliance on receipt of the payment was irreversible. In RBC v Dawson, the fact that the purchased new furniture and had got rid of her old furniture on reliance on her receipt would have caused her in the circumstances a loss that is unjust for her to bear and which is not easily reversible. * Thus it seems that the defendant must show at the very least, significant hurdles to getting the money back. (3) In reliance on the receipt/on the faith of receipt * This third element shows that there must be a causal correlation between the detriment suffered and the receipt of the payment. A BUT-FOR TEST IN UK * The mere fact that the recipient may have suffered some misfortune is not a defence unless the misfortune is linked at least on a but-for test with the mistaken receipt (Scottish equitable) There a variety of conscious de cisions which may be made by the recipient in reliance on the overpayment.A CAUSAL CONNECTION IS SUFFICIENT IN AUSTRALIA – ONE CAUSE * In Co-Buchong v Citigroup Pty Ltd, it was held that for the purposes of a change of position defence, a payment is made ‘on the faith of the receipt’ if it is causally linked to the receipt. This requires that the payment would not have been made unless the receipt has been recognised as valid. There is no further requirement that the information upon which the payer was acting be such that, if it were true, the payer would have been entitled to pay the money away in the way that id did. * In this case, Citibank had received instructions purporting to be from the plaintiff to transfer 500,000 from his account to a second account in his name at the NAB.Citibank examined the instruction and determined that it was genuine and paid. NAB then received similar instructions to pay the money away to various overseas bank accounts. Here th e instructions were all forgeries perpetrated by an unknown third party. Citibank claimed restitution of its payment to NAB on grounds of mistake. The issue was whether NAB was entitled to a defence of change of position and whether those payments had to various overseas bank accounts had been made ‘on the faith of its receipt’ of the money from Citibank. It was held that NAB did make those payments on the faith of its receipt and all that was required was a causal link between the payment and the receipt. The fact that a third party fraudster had instructed the bank to make out the payments should not necessarily negate the causal connection between the receipt and its payment so as to defeat the defence (rejecting State Bank v Swiss Bank Corporation) * In such a case, the bank’s good faith receipt may still be a cause of a change of position even if it was not the only cause and this should be enough. * This follows the reasoning in the NSWCA case of Perpetual Trustees Australia Ltd v Heperu. Perpetual had paid away sums to Mrs Cincotta funds represented by the units credited on the faith of the receipt of payments by the respondent who had been induced by fraud to do so.The respondents submitted that Perpetual had not proven that the payments of funds out of the account were made on the faith of the receipt because it paid out the funds represented by the account on the faith of what it was told to do by Mr Cincotta in the original forgery of Mrs Cincotta’s signature at the opening of account and in telephone redemptions. * This was construed to be far too narrow an analysis of what is meant by â€Å"on the faith of the receipt†. Payments on the faith of the receipt meant that they would not have been made unless the receipts had been recognised as valid. Just because there was the element of dishonesty of Mr Cincotta which also was the occasion for the withdrawal of funds, this did not negate the causal connection between the receipt and the payments. The change of position remain causally linked to the receipt. Thus while the test seems to involve a causation element, this is not a but for test but rather that the payments of the money were caused or linked to the receipt of payments from the plaintiff. ANTICIPATORY EXPENDITURE – DOES IT COUNT? * Can a defendant be said to rely on the faith the receipt when there is anticipatory expenditure on the part of the defendant? * Can reliance be understood as something other than an essentially causal concept where the effect of the defendant’s expenditure follows the cause which is the defendant’s receipt of the enrichment? Or does it mean that the defendant can be said to have acted on the faith of the receipt where it had a reasonable expectation of receipt? * In the case of Dextra Bank, Dextra Bank drew a cheque on its bankers, Royal Bank of Canada in favour of the Bank of Jamaica.Dextra drew its cheque intending to lend the sum spe cified to the Bank of Jamaica against the security of a promissory note executed by the Bank of Jamaica. The Bank of Jamaica intended to buy the specified sum of US dollars in exchange for the equivalent in Jamaican dollars which it paid to individuals understood to be nominated by Dextra. Dextra sued BOJ for restitution of the moneys paid. BOJ claimed that it had the defence of change of position. However Dextra argued that BOJ was relying on actions performed by BOJ before it received the benefit from Dextra and this amounted to anticipatory reliance which could not amount to a change of position. The issue was thus whether anticipatory reliance on the plaintiff’s payment can amount to expenditure on the faith of the benefit of the payment and thus whether an effective change of position defence can be made out. * It was held that it is no less inequitable to require a defendant to make restitution in full when he has bona fide changes his position in the expectation of rec eiving a benefit which he in fact receives, than it is when he has done so after having received the benefit.The court thus held that there should be no effect on the availability of the change of position defence whether the payment is made when the benefit is received or on a reasonable expectation that it is to be received. Anticipatory expenditure can be recognised as payments made on the faith of the benefit of the receipt. This was also recognised in South Tyneside v Svenska Internation where the court held that it does not follow that the defence of change of position can never succeed where the alleged change occurs before the receipt of money, as seen from the facts of Lipkin Gorman where the defence succeeded despite the winning being paid out before getting other gambling bets in. * In Commerzbank, the court held that the relevant question in whether the change of position defence would succeed was whether his decision to change his position was caused or contributed to b y the receipt of the payment. The crucial point the courts have emphasised is the causal relationship between the detriment and the receipt and not the strict when the detriment and the receipt or occurred. 4) In good faith * The defence is not open to a recipient who had changed his position in bad faith as where the defendant has paid away the money with knowledge of the facts entitling the plaintiff to restitution (Lipkin Gorman) * What is crucial to the good faith element is whether the payee had actual knowledge of all the facts constituting the wrongdoing or else had knowledge of such facts as would reasonably raise a suspicion of wrongdoing so that the payee was put on enquiry (Mercedes-Benz v National Mutual Royal Savings Bank Ltd) * Does a person act in good faith unless he acts dishonestly? (Niru) * NO. A person can act in bad faith where the recipient knows that the payer had paid the money to him as result of a mistake of fact or mistake of law and it will in generally b e unconscionable or inequitable to refuse restitution. Just because he is not guilty of dishonesty does not make him innocent. Will knowledge of the mistake bar the defence? * Waitaki- mere knowledge of the fact that the money is not due probably doesn’t bar the defence if d acts reasonably: d knew that the money was not its money to keep and in fact put the money on deposit, ready to repay. D was allowed the defence (albeit partially) when the money was lost through the collapse of the company with whom the sum had been deposited, even though it knew about the mistake when it put the money on deposit. * Lipkin Gorman: In cases where the payee had grounds for believing that the payment may have been made by mistake but cannot be sure, good faith may well dictate that an enquiry be made of the payer.The nature and extent of the enquiry called will of course depend on the circumstances of the case but I do not think that a person who has good reason to believe that the payment was made by mistake will often be found to have acted in good faith if he pays the money away without first making enquiries of the person from whom he received it. * English courts to date appear generally more relaxed about defendant fault, although they have tended to be thinking about fault with regard to the initial receipt of the money (â€Å"should defendant have known about the error†? ), as opposed to fault with regard to what is then done with it. * Whether fault is relevant to good faith? * In both Dextra and Niru, the CA aid that the defendant will only be denied the defence if he was in bad faith when paying away the money * The way the CA in Niru defines bad faith actually comes quite close to a negligence standard – acting in a â€Å"commercially unacceptable way† or with â€Å"sharp practice falling short of outright dishonesty†. If negligence in not realising the mistake is insufficient to bar the defence, then it seems unlikely that negl igence in a decision about how to dispose of the money will be. Also, it would seem strange if a good faith payment to charity could give rise to the defence, but a good faith (but negligent) investment couldn’t? * A different approach is taken in NZ . In Waitaki, fault is relevant. The facts are that the defendant received 50,000. He takes the money and puts it into an investment with the finance company which eventually goes under.The bank then realises they paid him the money under mistake and sue him. * The defendant had relied on the receipt because the bank had forced him to take it. However he had never thought it was valid. The court held that the defendant had partly been at fault in the ultimate loss of the enrichment because he had chosen an insecure investment. Where defendant failed to obtain sufficient security for a risky investment, he had defence reduced by 10%. This introduces the uncertainties of the â€Å"contributory negligence† model of COP, which requires a relative balancing of the fault of p and d in proportioning the amount repayable. The approach was expressly rejected in Dextra as being â€Å"hopelessly unstable†.DEFENDANT WHO ILLEGALLY CHANGES HIS POSITION AS A WRONGDOER * Recently suggested that a defendant who changes position illegally is a ‘wrongdoer’ cannot invoke the defence (Barros Mattos) * The recent case of Barros Mattos now indicates this is highly likely to be the case. In reaching this conclusion, Laddie J drew support from Lord Goff’s ‘wrongdoer’ limitation in Lipkin Gorman: this indicates that defendant can be disqualified from the defence either because of his knowledge of the claimant’s rights before changing his position, or because the change of position itself is â€Å"wrongful†. * Should this affect civil wrongs? This result does not specifically affect restitution for wrongs, since civil wrongs are not considered illegal as such.Despite the co ncept of ‘illegality’ by its very nature being hard to define, it is clear from both Tinsley v Milligan [1994] 1 AC 340 and Nelson v Nelson (1995) 184 CLR 538 that it relates to claims which would run seriously counter to public policy. In Lipkin, Goff suggested that COP should not be open to wrongdoers, but it is not clear that he was referring to those guilty of an innocent breach of duty. DEFENDANT WHO INDUCES THE MISTAKEN PAYMENT IN THE FIRST PLACE * Deliberate: No defence- Goff in Lipkin Gorman- defendant will be in bad faith and bad faith precludes reference to the defence. Note that it is assumed in Niru that dishonesty is sufficient to amount to bad faith, even if it is not always necessary.It is clear from Niru that dishonesty amounts to bad faith, even if defendant can sometimes be in bad faith even where there is no actual dishonesty. * Negligent: No clear authority on this. Defence probably still available, but not if it amounts to â€Å"bad faith† as defined recently in Niru. There, defendant was denied defence on the basis that it had documents in its hands which were forgeries, which it ought to have realised might be forgeries and into which it had failed to make reasonable inquiries. This amounted to failure to act in a â€Å"commercially acceptable† way, tantamount to bad faith and denying the defendant access to the defence, even though defendant was not dishonest in the sense of appreciating the risk of fraud.It is arguable that in the light of Niru, plaintiff would be in a strong position to argue that the defence should be denied to defendant here on the grounds that defendant’s inducement was not â€Å"commercially acceptable† behaviour. * Innocent: Defence probably still applicable, since, if inducement was â€Å"innocent† in the sense of being non-negligent, it might be commercially acceptable behaviour, as per Niru. DOES THE DEFENCE ACT AS A COMPLETE DEFENCE? * No it can apply pro tanto. (Australian Financial Services & Leasing Pty Ltd v Hills Industries) * Meaning you give back to the extent of what you still have. * How does this compare with estoppel? * Estoppel by representation remains available as a total defence to restitutionary claims even in circumstances in which the defence of change of position is available.Properly understood, it does not undermine the defence of change of position as they are based on different elements. In estoppel, one had to prove representation and detrimental reliance. Whether one can plead estoppel however depends on how equitable it is for to make such a claim to the overpayment received. In TRA Global, the court held that equity may intervene to prevent the latter’s unconscientious assertion in certain circumstances. It may be inequitable to assert a full defence of estoppel when you are overpaid 1000 and remain in possession of 500 which was mistakenly paid to you. * Under a defence of change of position, your ent itlement will be 500. |

Women in Psychology Mary Calkins

What does it take to be number one? As we know everyone loves a winner. Most people if they were asked who the fastest man in the world was? They would correctly answer with the name Usain Bolt. Nobody remembers number two right? However, let us imagine Mr. Bolt being told that he could compete in track and field but he could not officially win any medal because he was Jamaican. Sounds far-fetched today and against our values and everything we stand for in the 21st century? Well in the 1800s, things were very different especially for women and Mary Calkins was no exception. Mary Calkins not only made countless contributions to the field of psychology, her perseverance changed many perceptions resulting in her indirectly becoming a champion for women’s rights and equality. In this assignment, we will examine Mrs. Calkin’s background, theoretical perspectives and the integral role she played in the field of psychology. Mary Calkins, the oldest of five children was born to Wolcott and Charlotte Calkins on March 30, 1863, in Hartford, Connecticut. Her parents placed a great emphasis on education so in addition to elementary school, she took private lessons so she could learn German. After graduating high school Mary enrolled in Smith College in 1882, but took a hiatus her junior year in 1884, due to the untimely death of her sister and her mother being gravely ill. Mary did not make waste of this time. While at home she decided to learn Greek which was pivotal to her journey in the field of psychology. After Mary finally earned her degrees in Classics and Philosophy, she took a trip to Europe with family and had already decided when she returned that she would be a teacher and as well as tutor students in the Greek Language. However, her plans changed when she was offered the opportunity to teach Greek, at Wellesley, College, one of the few higher learning educational institutions for women in the country. At Wellesley, she taught not only Greek, but philosophy and psychology as well. This ultimately resulting in the university creating a new position for her in the experimental psychology department, although she had no credentialed training in psychology. This was crucial because many schools back then did not even admit women as students much less allow them to hold such a prestigious osition. For Mary to be successful, she knew she would have to further her education and learn more about psychology. Her ambition led her to enroll in two psychology seminars, one being at Clark University and the taught by Edmund C. Sanford and was taught by William James at Harvard University. Initially she was denied entry into Harvard because she was a woman. However, she had the president of Wellesley and her father both write letters on her behalf and was accepted. In 1891, her determination began paying dividends as she was able to set up a psychological laboratory at Wellesley and added scientific psychology to the program of study. From 1892 to 1895, she attended Harvard University. This is where she received some of the greatest resistance to everything she was trying to accomplish. Men and society during this time did not believe that women were fit for any job unless it was something that assisted a man i. e. doctor-nurse, boss-secretary, and homemaker. While Mary was allowed to attend Harvard, it was not without conditions. She could take classes and test, but in the University’s eyes she would be considered as guest. Undeterred and ready for the challenge, Mary enrolled in William James seminar on psychology; all the other students who happened to be men dropped the course in protest. What they believed is that if they did this the professor would boot her from the program because he would not want to lose his other students. Instead Professor James taught her individually and became her mentor. She also studied in the psychological laboratory at Harvard. She did all this while remaining a professor at Wellesley College herself. Mary completed all the required work and passed all her exams to earn a Ph. D. However, she was not awarded one due to the fact the she was a woman and women were not allowed to officially register at Harvard back then. She was later offered a Ph. D. , by Radcliffe College which was the female equivalent of Harvard, but she turned it down, believing that she done all of her work at Harvard, so it should be Harvard that awards her Ph. D. In 1898 is when Mary became a full time professor at Wellesley College focusing on philosophy and psychology publishing a slew of articles. When ten leading psychologists in the field of psychology were asked to rate their contemporaries by the measure of their work, Mary Calkins was listed 12 out of 50. Mary Calkins has given much to the field of psychology. For example there were only twelve colleges that had psychological laboratories in the entire United States and she created one. In her laboratory she had fifty four students dissect sheep brains and carry out studies on sensation, space perception, memory and reaction time. All of which are things that are used today by other scientists and different medical communities. For example, we are always hearing that drunk driving skews your space perception, sensation, memory and reaction time. One has to think this is not a coincidence that her work contributed to their findings. It was the first at a woman’s college and she did this with a mere $200. From 1891-1892 at the behest of G. Stanley Hall who has the editor of the American Journal of Psychology, her articles were normally studies and experiment by her and her studies that included everything from children’s emotions, moral consciousness, drawings, psychological anesthetics, and dreams. From her research in dreams she discovered there was a close relationship between her patient’s dreams and what happens in real life. Her work would not be appreciated during its early stages by most scholars as they were on board with Freudian thought process on dreams. Later this same community would dismiss Freud’s method and make Calkins research integral to dream researching. Through all of her research while pursuing her doctorate one of her most significant things she have to psychology was the Paired Technique. This technique is explained is putting to paired numbers in different colors on cards and flashing them to see what the subject could remember. What she found was bright colors were retained better as well as a new memorization method. It later became a standard means for human learning and remnants of it are still used today by psychologists. Of all of Mary Calkins contributions to psychology, she was most interested in self-psychology and ignited the brainstorm over this that caused many to take up research on the subject. She even published an autobiography in 1930, where her goal was to get psychologists to become self-psychologists. In 1900, she even wrote and published a paper expressing her belief that psychology is a science of the self. This was immediately followed by criticism from other academics. Mary Calkins was never afraid of a challenge and answered those criticisms in work that followed and in her presidential address at the American Psychological Association meeting in 1905. For all that she tried to do in self psychology, unfortunately Dr. Kohut, Dr. Honess, and Dr. Yardley failed to credit to give her any credit in this arena. During her career Mary was really busy evidenced by her writing 67 articles on psychology and 37 in philosophy. She also wrote and had 4 books on psychology published. Mary Calkins exemplary work preceded her and resulted in her being the first woman named president of the American Psychological Association and the American Philosophical Association. What Mary Calkins was able to accomplish in her day and age was simply amazing. She had to overcome numerous obstacles that would have made any other person give up and pursue a different profession. She worked and went to school, dealt with sexism and static thinking, in terms of a womens’ place in society. I say to Mary Calkins you are a winner and we remember you. Not only for your contributions that you have to the respective field of psychology, but the barriers that you broke down so that other women were allowed to be more easily accepted and respected. From my research on Mary Calkins I learned that a group of Harvard alumni petitioned for her to be awarded her doctorate in 1930, but they were denied. I think that it would be fitting if this cause was taken up once again today. For everything Mary Calkins has meant to the field of psychology it is the least we could do to honor all of the blood, sweat, and tears that she put into her work.

Relationship between christmas and religion Essay

Relationship between christmas and religion - Essay Example which were not directly related to Christianity, but were inspired from the former popular religion Pagan are Christmas tree, decoration on it and around it, gathering around it, stuffing stockings with goodies and hanging them on the top of fireplaces. Nevertheless, in the past exchange of presents and opening them on the day of Christmas was also not a part of Christmas tradition, but was supposed to be linked with New Year celebrations. In the contemporary world this occasion is not only associated to Christian faith only, but non-believers also celebrate it due to its global popularity, adaptability by the Western society, business and media publicity and promotion and eventually its acceptability by all faith holders. Now Christmas is a time of national holidays, time to bond with families, eat turkey, shop endlessly and exchange of gifts. It’s a time for which business entrepreneurs plan carefully and media gives full coverage to it worldwide. It gives a chance to job-tied people to relax and mingle with family and friends. Hence, Christmas holidays are celebrated around the globe with or without relating it to the Christian

Distribution of Beverages to its Retail Customer Case Study

Distribution of Beverages to its Retail Customer - Case Study Example If it offers a discount or charges less price for its products from one of its customers then it has to charge a lower price for its entire customer which will result in a loss for the company. The current costing method that is adopted by Johnson Beverage Inc in order to analyze the costing and profitability of the business and understanding the cost of the business that is underlying in order to analyze the cost and the income drivers. Therefore an in-depth knowledge is required in order to understand the profitability as per the stock keeping unit. For the improvement and development of the costing and profitability of the business, the company has adopted job order costing. JBI uses or adopts this costing as it assists JBI in analyzing and evaluating the net cost of its manufacturing process over a definite period of time. Under this method of costing the accurate cost that is incurred in the cost of production of the particular unit are maintained. JBI adopts both job order costing and process costing for different parts of its operations. The main disadvantages of applying or adopting this method of costing are it is very difficult or critical in identifying the overall activities that are undertaken that influences the cost of performing this activity. It is very critical in identifying the preferable cost drive that will evaluate or analyze the cost on the basis of the various activities. JBI mainly adopts fixed cost method for its billing purpose in order to analyze the fixed cost for all its activities and it analyzes and finds out the reason for variations in price. It allows the company in leveraging its efficiency and expertise in order to gain competitive advantage. Relevant costing may be defined as the cost that will influence the decision making of the company. The most relevant and best-costing method that JBI  should adopt on the basis of Exhibit 1 and Exhibit 2 is Activity-based costing. It can be observed that in Exhibit 1 that the cost of the goods is subtracted or deducted from the revenue in order to generate the gross margin. It also calculates the customer profitability of the company.  

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Physical Assesment Case Study # 2 - Research Paper Example For instance; diabetes can be detected first through an eye examination (Lavine, 2001). Before admission of the patient, it is important to present a comprehensive document containing the history and exam findings of the patient. Additionally, a medical plan should be outlined in addressing the issue which led to hospital visit by the patient. In the document, the information should be arranged in a logical order. The data that has immediate relevant information about the patient’s conditions should be given priority. This information is important to the medical service providers that are going to attend to this particular patient. Finally, this document is crucial for medical purposes (Blanco et al., 2002). Jessica, 32 years lady, has experienced a decrease of vision in her left eye. The condition started this morning and it has worsened progressively over the past few hours. In the past, a month ago, she had blurring of her vision. She has been experiencing some pain when trying to move her eye. When the eye is rested there is no such pain. She also has problem of determining colors. The condition just came and it was not triggered by exposure to chemicals. The eyes do not show any sign of redness or tearing. In her argument, she thinks that past condition is related to the present condition. Additionally, she has observed that the problem might be related to overheating since the vision improved when she went to a cool air condition environment. She has always been physically healthy. It is only in her childhood that at 10 years she had chickenpox. She also had tonsillectomy at age 11. She has never been hospitalized in the past. It has also been noted that her father had coronary artery disease and her mother suffered from hypertension. Currently she has no other medical problems. In the area of education and career; she is a trained mathematics teacher at undergraduate

Discuss the phenomenon of failed and failing states in the 21st Essay

Discuss the phenomenon of failed and failing states in the 21st century, and explore how their citizens and the rest of the worl - Essay Example Almost 100 people were killed in Libya following protests, including one incident where police simply fired into a crowd and 18 people were killed instantly. In addition, numerous countries—including, but not limited to Iran, Bahrain, Yemen, and Thailand, have been making the news headlines lately—for their people having protested governments that are in dire straits and are in danger of failing or are already failed. A discussion of the failed and failing states of Somalia, Chad, and Afghanistan will be held, including in this discourse an evaluation, for each nation: the phenomena of the failed and failing state; how the citizens should react; and how the rest of the world should react to the challenges failing states pose. II. Somalia A. The Phenomena Nonprofit research & educational organization , Fund For Peace publishe[s] [the] Failed State Index every year. â€Å"Somalia [is] featured in [the] most unstable country... It tops [the] failed state list for third co nsecutive time. Somalia's pirates have become problem for all countries while civil war has displaced thousands of people† (â€Å"Top Ten Failed States,† 2010, pgh. 5). Many people remember years ago when Somalia came into the spotlight due to the famine there, and food was airlifted to the Somalia from the United States. Now Somalia is facing scrutiny again, mainly this time due to the pirate problem on the high seas as well as people having been left homeless after the civil war that happened there. B. How Citizens Should React Somali citizens should probably react by using grassroots organizing strategies in order to better their communities. They should also form societal organizations that encourage the fomentation of education. If there were a more educated populace, it might be true that a lot of the problems associated with living in abject poverty could be eliminated, except for perhaps other than poverty itself. In bleak cases, Somalians should take refugee st atus and emigrate to another country where there are less problems with social unrest. C. How the Rest of the World Should React People should give support to the Somalians. They should stand with them in their quest for justice. People should support their attempt to become a country that can compete in the African and international economies. Right now they are languishing in squalor and ignorance. The UN should take some sort of action in order to ensure that Somalia does not stay on the list of failed states, because if it does, this could affect the country’s ability to be recognized as a competent nation. III. Chad A. The Phenomena Chad is a failed state that also has multiple problems. Regarding Chad, Fund for Peace also reported that â€Å"†¦[the] Republic of Chad is [a] landlocked African country. Chad has been facing humanitarian crisis. Refugees from Sudan, [the] Central African Republic, and [its] own internally displaced people make half a million. [The] Un ited Nation is highly concerned about the matter† (â€Å"Top Ten Failed States,† 2010, pgh. 6). Being just south of Libya, the same kind of thing that happened in the â€Å"Days of Rage† in Libya could also just as easily happen in Chad if there is an uprising. B. How Citizens Should React It makes more sense that citizens should try to do grassroots organizing while, at the same time laying low—out of sight of people like the military, who are likely to open fire on protesters, like what happened in Libya. It

Eight steps of decision making process in management Research Paper

Eight steps of decision making process in management - Research Paper Example Under this process, policy makers must identify the problem under consideration, and clearly state it out, in a sentence that describes the causes of the problem and its consequences. This process also involves an identification of what an organization wants to achieve in case the problem under consideration is eradicated. This stage needs a consensus amongst everybody involved within the decision making process. The second step is the identification of the criteria (Robbins and Coulter, 2012). This involves identifying the various requirement needed for purposes of solving the problem under consideration. Under this stage, policy maker identify what the solution to the problem must accomplish. For example, if an organization is making losses, then the solution that the organization seeks is on how to increase the profitability of the business organization. On this basis, the solutions to be identified are methods of increasing the profits of an organization. The criterion therefore is that the solution must have the capability of increasing the profitability of the business organization. The third step in the decision making process is allocating weights to the criteria identified (Robbins and Coulter, 2012). This involves setting up of goals for the purpose of achieving a desirable outcome. For example if the problem under consideration is loss making in an organization. Allocation of weights will involve; how or at what percentage a criterion identified can increase the profitability of an organization. At this stage, terms such as high profit, low profit, or even 100% profit can be used. The fourth step is the identification of the various alternatives to the solution. It is important to denote that there are various solutions to a problem identified. For example in our case above, if a company is making losses, the organization can come up with a variety of solutions. These solutions include reducing operational costs, injecting more capital into the organ ization, or even diversifying its business operations. Under this fourth stage, policy makers only identify the various solutions available for purposes of solving the problem under consideration. They do not carry out an analysis of the problems. The fifth stage involves analyzing the alternatives presented. This stage involves an analysis of the various alternative solution to the problem identified. The method to use in analyzing these alternatives will emanate from the criteria identified at the second stage (Lynch, 2012). For instance, in a loss making organization, the criteria of identifying a solution is based on how a method will increase the profitability of a business organization. On this note, policy makers will analyze the various alternative solutions to the problem. At this stage, policy makers must rank the various alternatives to the solution from the most effective, to the least effective. Under this stage, policy makers can analyze the alternatives by using eithe r qualitative or quantitative methods, or a combination of both. The intention here is to find the most effective solution to the problem identified. For example, the solutions identified to increase the profitability of a company are, reduction of operational costs, injecting capital into the organization, or even diversifying the operations of the business. Policy makers will analyze all these options, and grade them from the most eff