Pearl Harbor – Address to the Nation

In the United States back in 1941, the nation was already under stress. The nation survived the baby boom, but also just suffered the â€Å"Great Depression† which led American’s to being on their toes. The United States thirty-second president, Franklin D. Roosevelt, was elected for a third term in 1940. After a horrible decade; the Great Depression, Baby Boom, the Race Riots in Chicago and the Holocaust occurring in Germany, the United States was very permissive. In the year 1941, President Roosevelt signs the Lend-Lease Act, which in turn allows the United States to aid allies in military supplies.On December 7th, 1941 a horrible even took place on Pearl Harbor, which is the Naval Base for the U. S. Pacific Fleet, which is located on southern coast of Oahu, Hawaii. The Japanese suddenly attacked the United States. On that cold December 7th day in 1941, Pearl Harbor was at it’s usual pace. From flying aircrafts to sailing military ships. Then the Japanese aircr aft planes launched bombers and torpedoes on Pearl Harbor. There were three separate waves executed for conquer against Pearl Harbor. Although the attack was unexpected at that time. All the facts were presented in a timely manner.In which the actions of the US military when they stopped shipments of airplanes, machine tools, parts, and aviation gasoline from China. The Japanese saw this as a hostile act. After the attacks from the Japanese the rises in fatalities was devastating to the Americans. About 2,402 military personnel were killed, 57 civilians killed, 1,247 military wounded, and 35 civilians wounded. This was the start of World War II. After the attacks on Pearl Harbor, President Roosevelt performed a speech to the American’s that he was called Pearl Harbor Address To the Nation, given on December 8th, 1941.This announcement was published in the United States under the watchful eye of the President, his cabinet members and the people of congress. The potential audie nce for this argument is the people of America. This is because one the attack occurred on US soil, two it would affect everyone as a whole nation, and three many people were involved in the military. FDR first gave a speech to Congress to declare war with Japan, and then later presented the speech with Congress by his side.

The Duties of an Agent to Principal

THE DUTIES OF THE AGENTS TO PRINCIPAL The duties of an agent depend primarily on the contract of agency if there is one. Subject to any such express terms, the agent owes a number of implied duties or obligations to his principal. It is the agency relationship as such that gives rise to these obligations so that, as a general rule, they fall as much on the gratuitous agent as on the paid agent. 1. Obey the Principal’s instructions Section 164 states, The agent must obey the instructions given to him by his principal even if he thinks the instructions are wrong.Sometimes of course the principal may expect the agent to advise him and indeed he may be employing an agent to use skill and care. The agent must not delegate his duty to another person unless such delegation has been agreed with the principal, or is the custom of the trade, or the delegation merely takes pace in relation to purely administrative matters. Case Example : In Turpin v. Bilton (1843), an insurance broker ag reed for consideration to obtain a contract of insurance on the plaintiff’s ship. But he failed to do so. The ship was lost and the broker was held liable to the plaintiff.In Fraser v. B. N. Furman (Production) Ltd (1967), insurance brokers agreed for consideration to effect an employer’s liability policy and failed to do so. The employer was held liable for $3000 damages in an action brought against him by an employee for breach of the Factories Act, and the Court of Appeal held that the brokers must indemnify the employer in that sum for breach of contract. Betram Armstrong & Co. V. Godefray (1830) 1 Knapp 381 Facts : The agent was a stockbroker. The principal told the agent to sell stock when the market price reached a certain figure per unit of stock.The agent did not heed these instructions and held on to the stock. When the market dropped the agent was forced to sell at a loss. Decision : The principal successfully sued the agent to recover the difference between the price at which he was instructed to sell the stock and the price at which the stock was eventually sold. 2. A duty to exercise reasonable skill and diligence Section 165 states, The degree of skill and diligence required of an agent depends on whether the person is a gratuitous agent or a non-gratuitous agent. A gratuitous agent is not paid for their services whereas a non-gratuitous agent is paid.A non-gratuitous agent is required to exercise a degree of skill equal to that which a reasonable person would expect an agent of that type to exercise. For example, a real estate agent is expected to display the qualities and expertise of a competent real estate agent. If the agent fails to meet this standard, the agent will be liable to the principle for any loss caused by this breach of duty. A gratuitous agent is not expected to exercise any special degree of skill. The agent must exercise the same degree of care and diligence as they would use in attending to their own affairs.If that person has some special knowledge, they are expected to use that knowledge. Case Example : In Keppel v. Wheeler (1927), agents were employed to sell a block of flats and received an offer from one party which was accepted â€Å"subject to contract†. The agents later received a higher offer but, instead of telling the owners, arranged a resale from the earlier party to the later after the original sale to the earlier party was effected. It was ruled that the agents had acted in breach of their duty to obtain the best price available, and that duty included passing on details of better offers until a binding contract was concluded. . To render proper accounts when required Section 166 states, An agents owes a duty to the principal to keep proper accounts and make them available for inspection. For example, travel agents and real estate agents are required by statute to keep accurate and proper accounts. This duty imposes an obligation on agents to keep their property and money separate from that of their principal. Case Example : In Harry Parker Ltd v Mason [1940] 2 KB 590, where the principal conspired ith agent to make shame bets on the course and bets with street bookmakers contrary to the existing law but agent had failed to apply, as agreed the money that the principal handed to him. The Court of Appeal held that the principal could not recover it from agent on the general principal that money paid under an illegal contract is irrecoverable. 4. To pay his principal alls sums received on his behalf Section 171 states, However, an agent may retain or deduct from such sums received, advances made / expenses incurred by him in carrying out his duty, his commission and other remuneration payable to him for acting as agent. . To communicate with the principal Section 167 states, In cases of difficulty, an agent must use all reasonable diligence in communicating with and in seeking to obtain instructions from the principal. However, in emergencies, th e agent may use his own discretion in adopting a course of action to safeguard the interest of the principal. 6. Not to let his interest conflict with his duty Section 168 states, An agent must not allow the possibility of personal interest to conflict with the interests of his or her principal without disclosing that possibility to the principal.Upon full disclosure, it is up to the principal to decide whether or not to proceed with the particular transaction. If there is a breach of his duty, the principal may set aside the contract so affected and claim any profit which might have been made by the agent. Case Example : In McPherson v Watt (1877), a solicitor used his brother as a nominee to purchase property which he was engaged to sell. It was held that, since the solicitor had allowed the conflict of interest to arise, the sale could be set aside. It was immaterial that a fair price was offered for the property.The corollary to the above case is that the agent must not sell his or her own property to the principal without fully disclosing the fact. This lead into the next duty. 7. Not to make any secret profit out of the performance of his duty In discharging the agents, an agent can’t take any secret profit as corruption in the form of commission payments on a confidential basis, coffee money or â€Å"kickback†, tips and so on. If the agent take the secret profit, the profit must be submitted to the principal. In other words, the agent can’t use the property of the principal to do something against the contract that agent for selfish motives.That means agents can create a profit, only the principal agents are prohibited from using the property for personal gain. Section 168 states, If the principal knows and agrees on a secret, the agent can save profit because the profit is not a secret anymore. It should be noted that the secret profit is the profit earned outside the knowledge of the principal. If the principal give consent, the a gent can take the profit. In situations where the principal does not agree with a secret profit, the principal has the option as follows: I. The agency contract may be terminated, if the contract is not to profit member.For example, A has ordered B to sell the estate belonging to A. B has reviewed the estate before sale, find some of the mines in the estate is not known to A. B tells A that he wanted to buy the estate for himself, but conceals the discovery of the mine. A, when knowing this, can either refuse to sell the estate or otherwise manage the sales out of choice. II. Principal may recover the secret profit from an agent For example, as happened in the case of Tan Kiong Hwa vs S. H Chong. Plaintiff has purchased a flat from a company in which the defendant was the managing director.Plaintiff has ordered the defendant as agent to sell the flat at RM45000 but the defendant has successfully sold at RM54000. The difference in price of RM9000 has been credited to the company acco unt. Soon the company is wound up. The court ruled the plaintiff entitled to recover from defendants for RM9000 has defaulted in carrying out his duties as an agent. III. Principal may refuse to pay a commission or other remuneration to the agent. Section 173: An agent was found guilty of misconduct in successful agency not entitled to receive any advice relating to the business he was one proceeds. In the case of Andrews vs Ramsay & Co. the principal was member instructions to agents to sell the property and agreed to pay a commission of ? 50. The agents have to find the buyers and was given a ? 100 deposit. Agents then have to pay around ? 50 to the principal and keep the rest of the ? 50 commission. In the transaction, the agents have to get ? 20 from buyers. The court ruled the principal right to demand a secret agent commissions earned from buyers. IV. Principal reserves the right to expel the agent for breach of duty. Principal reserves the right to expel the agent if the agen t was using the property for profit secrets principal from agency business.Principal has such rights as the agent had failed to discharge its duties entrusted. If the principal has suffered loss as a result of the actions of the agent, he is entitled to claim damages. Principal reserves the right to expel the agent because duties. V. Principal may sue the agent and the third party to recover damages corruption if it is a loss of the contract. What happens in the case Mahesan vs The Malaysian Government Officers Cooperative Housing Society, the plaintiff was its director defendants. Defendant had purchased a piece of land worth $ 944,000 from a landlord who has obtained the land at $ 456,000 only.Plaintiff to know the fact but did not inform the defendant. As a result, the plaintiff has obtained $ 122,000 in bribes from land owners for the sale and purchase agreement. The court ruled that the defendant is entitled to claim the amount of loss suffered by the crime. 8. A duty not to di vulge confidential information To maintain confidentially about any matters communicated to him as agent, and not to disclose them to prospective third parties or anyone else. The relationship between principal and agent is a fiduciary relationship, depending upon mutual trust. Case Example :In Robb v Green [1895] 2 QB 315, an injunction was obtained against a former manager of a business to prevent him using for his own purpose a list of customers of the business which he had copied out while he was the manager. Faccenda Chicken Ltd v Fowler [1986] 1 AER 617, the duty of good faith is broken if an employee makes or copies a list of his employer's customers for use after his employment ends or deliberately memorises such a list even though, except in special circumstances, there is no general restriction on an ex-employee canvassing or doing business with customers of his former employer. . A duty to act personally An agent is not permitted to delegate to another person the tasks th e agent has been appointed to perform. A principal has chosen an agent because of that person’s expertise. The rule with respect to delegation can be relaxed by express agreement between the parties. If an agent delegates authority without permission, then the agent will not be entitled to be paid commission for any delegated acts. However, the rule has no application in relation to minor clerical or administrative tasks.These tasks can be delegated. Case Example : De Bussche v Alt (1878) 8 Ch D 286 ,agent was appointed by the principal to sell a ship in China at an agreed price but the agent was unable to effect such a sale and obtained the principal's permission for the appointment by agent of a sub-agent to sell the ship in Japan. The Court held there was no breach of duty by agent in appointing a sub-agent as delegation was expressly agreed.

Bipolar Disorder

Bipolar Disorder Essay The phenomenon of bipolar affective disorder has been a mystery since the 16th century. History has shown that this affliction can appear in almost anyone. Even the great painter Vincent Van Gogh is believed to have had Bipolar Disorder Essay. It is clear that in our society many people live with bipolar disorder; however, despite the abundance of people suffering from the it, we are still waiting for definite explanations for the causes and cure. The one fact of which we are painfully aware is that bipolar disorder severely undermines its victims ability to obtain and maintain social and occupational success. Because bipolar disorder has such debilitating symptoms, it is imperative that we remain vigilant in the quest for explanations of its causes and treatment.Affective disorders are characterized by a smorgasbord of symptoms that can be broken into manic and depressive episodes. The depressive episodes are characterized by intense feelings of sadness and despair that can become feelings of hopelessness and helplessness. Some of the symptoms of a depressive episode include anhedonia, disturbances in sleep and appetite, psycomoter retardation, loss of energy, feelings of worthlessness, guilt, difficulty thinking, indecision, and recurrent thoughts of death and suicide (Hollandsworth, Jr. 1990 ). The manic episodes are characterized by elevated or irritable mood, increased energy, decreased need for sleep, poor judgment and insight, and often reckless or irresponsible behavior (Hollandsworth, Jr. 1990 ). Bipolar affective disorder affects approximately one percent of the population (approximately three million people) in the United States. It is presented by both males and females. Bipolar disorder involves episodes of mania and depression. These episodes may alternate with profound depressions characterized by a pervasive sadness, almost inability to move, hopelessness, and disturbances in appetite, sleep, in concentrations and driving.Bipolar disorder is diagnosed if an episode of mania occurs whether depression has been diagnosed or not (Goodwin, Guze, 1989, p 11). Most commonly, individuals with manic episodes experience a period of depression. Symptoms include elated, expansive, or irritable mood, hyperactivity, pressure of speech, flight of ideas, inflated self esteem, decreased need for sleep, distractibility, and excessive involvement in reckless activities (Hollandsworth, Jr. 1990 ). Rarest symptoms were periods of loss of all interest and retardation or agitation (Weisman, 1991).As the National Depressive and Manic Depressive Association (MDMDA) has demonstrated, bipolar disorder can create substantial developmental delays, marital and family disruptions, occupational setbacks, and financial disasters. This devastating disease causes disruptions of families, loss of jobs and millions of dollars in cost to society. Many times bipolar patients report that the depressions are longer and increase in frequency as the individual ages. Many times bipolar states and psychotic states are misdiagnosed as schizophrenia. Speech patterns help distinguish between the two disorders (Lish, 1994).The onset of Bipolar disorder usually occurs between the ages of 20 and 30 years of age, with a second peak in the mid-forties for women. A typical bipolar patient may experience eight to ten episodes in their lifetime. However, those who have rapid cycling may experience more episodes of mania and depression that succeed each other without a period of remission (DSM III-R). The three stages of mania begin with hypomania, in which patients report that they are energetic, extroverted and assertive (Hirschfeld, 1995). The hypomania state has led observers to feel that bipolar patients are ;addicted; to their mania. Hypomania progresses into mania and the transition is marked by loss of judgment (Hirschfeld, 1995). Often, euphoric grandiose characteristics are displayed, and paranoid or irritable characteristics begin to manifest. The third stage of mania is evident when the patient experiences delusions with often paranoid themes. Speech is generally rapid and hyperactive behavior manifests sometimes associated with violence (Hirschfeld, 1995). READ: Englands Greatest Poet And Playwright Was Born At Essay When both manic and depressive symptoms occur at the same time it is called a mixed episode. Those afflicted are a special risk because there is a combination of hopelessness, agitation, and anxiety that makes them feel like they ;could jump out of their skin;(Hirschfeld, 1995). Up to 50% of all patients with mania have a mixture of depressed moods. Patients report feeling dysphoric, depressed, and unhappy; yet, they exhibit the energy associated with mania. Rapid cycling mania is another presentation of bipolar disorder. Mania may be present with four or .

The New Changes in the Structure and Administration of the Business Research Paper - 68

The New Changes in the Structure and Administration of the Business - Research Paper Example The merging of the three businesses in the UK has strained the managers’ efforts towards establishing an effective workforce body. With the new structure, some of the employees have to be retrenched since tasks have been redistributed. In addition, the number of departments has been reduced significantly. Before the merge, each business had an established structure of various departments and offices. In addition, the three businesses had varied categories of employees in the various established departments. However, after the merger, the operations of the three business were brought together under one management. Some departments were merged, and others eliminated in the new system. Due to the reduced number of departments, a huge number of employees have been retrenched, and others given lower positions than the ones they held in their previous respective business settings. In this regard, it can be observed that the new structure of the human resource has led to the loss of jobs and decline in earnings for some employees. The new structure of the UMGUK requires employees to work together with an aim to boost performance. Adjusting to the new system is a challenging HR issue that the company faces. The employees of UMGUK are not used to the new system and, therefore, the company cannot realize the benefits of the new structure fully in the first phase of implementation. In this regard, the HR department is tasked with the responsibility of ensuring that the employees get acquainted with the new system with the shortest time possible.

Culture and Technology-Sheila Coursework Example | Topics and Well Written Essays - 2250 words

Culture and Technology-Sheila - Coursework Example The distributed teams are also affected by these two in different ways. This paper is going to discuss the influence of technology and culture on the performance of organizations. A general definition of culture is that it is a shared platform of characteristics, beliefs and interactions. What this definition implies is all members of a particular culture have same behaviors, beliefs and way of socializing with others. The people forming a particular culture can be those operating in the same working environment, or those that are from the same geographical region. Workers of an organization usually have a culture that guides their operation in the firm. Therefore, they became members of this organization’s culture. Since they are operating in the same culture, these workers have similar traits and ways of operation that are connected to the organizational culture (Daim, 2012). The culture in which a team or organization carries out its activities would always influence the performance of this team or firm. There are various ways through which the team performance can be affected by culture. Even though most of the effects are positive, some of them are negative effects. One way in which culture influences the performance of a team is by creating a specific code of conduct that would regulate the operations of team members or employees in an organization. The restriction on what people can do in the firm is very important when it comes to maintaining relevance among team members as they work. If members are always participating in relevant activities within the group, the performance of the team is expected to go up (Wai On, 2013). A good organizational culture is also responsible for teamwork and collaboration among team members and stuff in a business firm. A good culture will always advocate for members to work together towards achieving the goals of the team. Teamwork is one factor that contributes so much to the performance of the

Ec 4 Essay Example | Topics and Well Written Essays - 500 words

Ec 4 - Essay Example These two definitions are summarized as historical genesis and current utility. This presents a dilemma of incorporating distinct criteria of current utility and historical genesis under a single phrase. Biologists have failed to to acknowledge the confusion between these two distinct definitions for they tend to observe natural selection as a dominant evolutionary progression, making the historical process and the current utility seem as combined (Gould & Vrba 7). An outstanding instance of how linking these two definitions has caused misunderstanding is Darwins’ and Williams’ failure to label the infused sutures as adaptation since they were not built by selection to function as they do in mammals (Gould & Vrba 7). Williams calls this feature as an accidental effect that aids in the survival of mammals and not an adaptation. Nonetheless, these biologists failed to give the features that develop as a result of fitness to a current role a name (Gould & Vrba 7-9). Since the new features that develop in organisms to aid in the survival of the descen dants re not considered as an adaptation, they develop due to capability and not natural selection and are referred as exaptation. This, then, generates a variance between those features that develop due to natural selection and fitness to a current role. In this case, the mammalian sutures are an exaptation and not adaptation (Gould & Vrba 7-10). Exaptation offers a solution to the dilemma of preadaptation. Evolutionists and biologists have experienced trouble with the concept of preadaptation. Most of them have connected the features that develop to assist in performing a new role as preadaptation. If adaptation were developed for a current use, then structures functioning in a distinct and subsequent way cannot be preadaptations. In this case, preadaptation has been associated with indeterminate teology. Teology implies a description of the role of a given

Strategy in the Current Business Environment Research Paper

Strategy in the Current Business Environment - Research Paper Example This paper researches the business elements of Unilever extensively and compares it to one of its major competitors, Proctor and Gamble. Unilever is a British–Dutch multinational and a large-scale company offering consumer goods. The products offered by the organization include the beverages, foods, personal care products and cleaning agents. Unilever is the third-largest consumer goods company in the entire world in terms of its 2011 revenues. Procter & Gamble and Nestle follow the company with respect to their profits and sales generation. Proctor and Gamble Proctor and Gamble is a consumer goods company listed in the Fortune 500 list of the companies and is an American multinational corporation headquartered in downtown Cincinnati, Ohio. The company, according to the 2011 statistics, witnessed $82.6 billion dollars in sales. In the list of â€Å"World’s Most Admired Companies† in Fortune magazine, the company is graded sixth in 2010 and has come up to fifth pl ace in 2011. The huge sales for Proctor and Gamble come from more than 160 countries all over the globe and this amount is balanced between the domestic and international markets of the company. Proctor and Gamble market and sells over 300 brands in its product line. The company has more than 120,000 employees who are divided into three business units of the organization worldwide. These business units include P&G beauty, P&G household care, and P&G family health. The company produces a wide variety of deodorants, colognes, skin care brands, personal cleaning and other products. Business Environment The business environment of an organization refers to the micro and macro environment in which it undertakes its operational and functional activities. This might include the basic legal, social and economic environments of the business at broader levels.