Monday, January 20, 2020
Reactive Oxygen Species Essay -- Biology, Lipids, Proteins, DNA
The formation of reactive oxygen species (ROS) is an unavoidable consequence in aerobic organisms as by products during metabolic respiration (Han et al., 2007, Je et al., 2009). These highly reactive ROS can be considered as strong oxidants and have been shown to induce damage in all cellular macromolecules, such as lipids, proteins and DNA. Over the years dietary polyphenols have been widely studied for their biological activities including antioxidant activity (Ahn et al., 2007, Heo et al., 2009, Kang et al., 2005, Li et al., 2009). Polyphenolic compounds are naturally occurring compounds containing phenolic functionality and this large diverse group of secondary metabolites are exist both in terrestrial and aquatic environments (Shibata et al., 2002, Susanto et al., 2009). Beside the strong antioxidant properties, these naturally occurring polyphenols are known to have numerous biological activities such as anti inflammatory (Ryu et al., 2008), anti allergic (Lee et al., 2009), anti bacterial (Al-Mola, 2009, Suffredini et al., 2004), anti-plasmin inhibitiory (Fukuyama et al., 1990), matrix metalloproteinase inhibitory (Kim et al., 2006) and anticancer (Kong et al., 2009). The high antioxidant power of polyphenols is generally believed to responsible for these activities. Therefore it is very clear that the possibility of use this active compounds in many industrial applications as functional ingredients. Phlorotannins (brown algal polyphenols) are polyphenolic compounds found exclusively in brown seaweeds. Phlorotannins, a subgroup of tannins, are produced entirely by polymerization of phloroglucinol units (Kang et al., 2007, Koivikko et al., 2005). During last two decades, the roles and functions of phlorotannins have been ... ... available proteases and carbohydrases. Further they reported that Alcalase and Viscozyme extractes were more effective than the other extracts tested. With these significant results it is clear that EAE affords big advantage over commonly used classical extraction technique. Taken together, enzyme treatment previous to extraction has resulted in improved yields in the case of bioactive components from seaweeds. In all instances mentioned above, hydrolytic enzymes have been used in different combinations as agents that interact on cell walls, breaking down the structural integrity rendering the intracellular materials more exposed for solvent extraction. Since EAE has attracted growing interest in the extraction of biologically active components, the technique could be explored as a mean to enhance the extraction of particular metabolites from seaweeds. Reactive Oxygen Species Essay -- Biology, Lipids, Proteins, DNA The formation of reactive oxygen species (ROS) is an unavoidable consequence in aerobic organisms as by products during metabolic respiration (Han et al., 2007, Je et al., 2009). These highly reactive ROS can be considered as strong oxidants and have been shown to induce damage in all cellular macromolecules, such as lipids, proteins and DNA. Over the years dietary polyphenols have been widely studied for their biological activities including antioxidant activity (Ahn et al., 2007, Heo et al., 2009, Kang et al., 2005, Li et al., 2009). Polyphenolic compounds are naturally occurring compounds containing phenolic functionality and this large diverse group of secondary metabolites are exist both in terrestrial and aquatic environments (Shibata et al., 2002, Susanto et al., 2009). Beside the strong antioxidant properties, these naturally occurring polyphenols are known to have numerous biological activities such as anti inflammatory (Ryu et al., 2008), anti allergic (Lee et al., 2009), anti bacterial (Al-Mola, 2009, Suffredini et al., 2004), anti-plasmin inhibitiory (Fukuyama et al., 1990), matrix metalloproteinase inhibitory (Kim et al., 2006) and anticancer (Kong et al., 2009). The high antioxidant power of polyphenols is generally believed to responsible for these activities. Therefore it is very clear that the possibility of use this active compounds in many industrial applications as functional ingredients. Phlorotannins (brown algal polyphenols) are polyphenolic compounds found exclusively in brown seaweeds. Phlorotannins, a subgroup of tannins, are produced entirely by polymerization of phloroglucinol units (Kang et al., 2007, Koivikko et al., 2005). During last two decades, the roles and functions of phlorotannins have been ... ... available proteases and carbohydrases. Further they reported that Alcalase and Viscozyme extractes were more effective than the other extracts tested. With these significant results it is clear that EAE affords big advantage over commonly used classical extraction technique. Taken together, enzyme treatment previous to extraction has resulted in improved yields in the case of bioactive components from seaweeds. In all instances mentioned above, hydrolytic enzymes have been used in different combinations as agents that interact on cell walls, breaking down the structural integrity rendering the intracellular materials more exposed for solvent extraction. Since EAE has attracted growing interest in the extraction of biologically active components, the technique could be explored as a mean to enhance the extraction of particular metabolites from seaweeds.
Saturday, January 11, 2020
Memorandum of Agreement
MEMORANDUM OF AGREEMENT This Memorandum of Agreement (herein referred to as ââ¬Å"Agreementâ⬠) is made and entered into the City of Cabanatuan, Philippines by and between: Land Bank of the Philippines ââ¬Å"Land Bank of the Philippinesâ⬠with office address at 3/F Land Bank Building, Gabaldon St. , Cabanatuan City, Represented by its Department Manager II, Nueva Ecija Lending Center, Mr. Eduardo N. Reyes, Jr. , herein after referred to as Land Bank of the Philippines. -and- WESLEYAN UNIVERSITY ââ¬â PHILIPPINES ââ¬Å"WESLEYAN UNIVERSITY ââ¬â PHILIPPINESâ⬠, Mabini Extension, Cabanatuan City, represented by Dean, College of Business and Accountancy, DR.MARIA VICTORIA M. ALVAREZ herein after referred to as WESLEYAN UNIVERSITY ââ¬â PHILIPPINES. WHEREAS, Land Bank of the Philippines in its concern to enhance the training and development of more and better professionals, has teamed up with WESLEYAN UNIVERSITY ââ¬â PHILIPPINES for an On-The-Job Training Prog ram (ââ¬Å"Programâ⬠) to provide training and support to the students of WESLEYAN UNIVERSITY ââ¬â PHILIPPINES, College of Business and Accountancy on the current trends and latest developments in the industry, and, to expose them to actual industry situations, thereby enhancing their formal schooling.NOW, therefore, for and in consideration of the foregoing premises, Land Bank of the Philippines and WESLEYAN UNIVERSITY ââ¬â PHILIPPINES hereby agree on and stipulate the following: MR. EDUARDO N. REYES, JR. DM II ââ¬â Department Manager/Head, NELC A. Land Bank of the Philippines shall: 1. Undertake the selection process of the recommended students in adherence to Land Bank of the Philippines policies and guidelines in the section for its purpose; 2.Provide the venue3 and assign personnel to take charge as well as supervise on-the-job training of students; 3. Provide WESLEYAN UNIVERSITY ââ¬â PHILIPPINES students information, training, and support; 4. Provide stude nts exposure to actual office environment; 5. Accomplish the evaluation forms required by WESLEYAN UNIVERSITY ââ¬â PHILIPPINES in connection with to the on-the-job training of their students; 6. Issue certificate of completion to students who successfully finished their training under this program; and 7.Designate an employee who will coordinate with WESLEYAN UNIVERSITY ââ¬â PHILIPPINES the various activities under this program. DR. MARIA VICTORIA M. ALVAREZ Dean, College of Business and Accountancy B. WESLEYAN UNIVERSITY ââ¬â PHILIPPINES shall: 1. Recommend students who will undergo on-the-job training under this program for final selection,/acceptance by Land Bank of the Philippines; 2. Designate a Representative who will coordinate with Land Bank of the Philippines on the various activities under this program; and 3.Together with the students, faculty and parents concerned renounce and waive any claim against Land Bank of the Philippines for any injury or loss that th e trainees may suffer, personal or pecuniary, in the performance of their duties and functions while under the training not attributable to the negligence or willful act of any of the personnel of Land Bank of the Philippines. The waivers of the concerned parties shall be submitted to Land Bank of the Philippines prior to the commencement of the training, which forms part of this agreement.C. Under this program, the following terms and conditions are likewise included: 1. It is expressly understood that there will be no employer-employee relationship between Land Bank of the Philippines and the trainees of WESLEYAN UNIVERSITY ââ¬â PHILIPPINES; 2. The trainees will be personally for any and all liabilities for damage to property or injury to third persons, which may be occasioned by their international or negligent acts while in the course of their training; 3. WESLEYAN UNIVERSITY ââ¬âPHILIPPINES shall see to it that the trainees complete the agreed scope of work within the a greed duration of the program; 4. It is expressly understood by WESLEYAN UNIVERSITY ââ¬â PHILIPPINES, and the trainees that all the information on technology, manufacturing process, process standards, quality assurance methodologies, quality standards, production capabilities, raw material processing, finance, and all other related documents, manuals, and operational or technical matters that Land Bank of the Philippines shall make available to them shall be used solely for this program.All of these matters are classified as confidential in nature and proprietary to Land Bank of the Philippines. WESLEYAN UNIVERSITY ââ¬â PHILIPPINES and trainees hereby undertake to prevent disclosure or transfer of such information, consciously or unconsciously, to any party outside of institution without the knowledge and written consent of institution. 5. It is expressly understood that Land Bank of the Philippines will only accept OJTs on a case-to-case basis according to vacancy.D. LITIGA TION AND OTHER EXPENSES In case of breach of any confidential information obtained during the training period relative to the task assigned by Land Bank of the Philippines, WESLEYAN UNIVERSITY ââ¬â PHILIPPINES agrees to pay an additional sum equivalent of twenty five percent (25%) for Attorneyââ¬â¢s Fees, plus costs and other fees and incidental expenses of litigation excluding possible monetary damages that may be incurred by reason thereof. E. DURATIONThis agreement shall hold for the duration of the 20122013 School Year of WESLEYAN UNIVERSITY ââ¬â PHILIPPINES, and is automatically renewable every year, provided that Land Bank of the Philippines and WESLEYAN UNIVERSITY ââ¬â PHILIPPINES reserve their respective rights to withdraw their participation in the agreement upon written notice. IN WITNESS WHEREOF, the parties hereto have signed these presents on this ____ day of 2013, in Cabanatuan City, Philippines. FOR: Land Bank of the PhilippinesMR. EDUARDO N. REYES, JR. DM II ââ¬â Department Manager/Head, NELC| WESLEYAN UNIVERSITY ââ¬â PHILIPPINESDR. MARIA VICTORIA M. ALVAREZDean, College of Business and Accountancy| SIGNED IN THE PRESENCE OF:| _________________________________| _________________________________| Republic of the Philippines) City of Cabanatuan) S. S. A C K N O W L E D G E M E N T On this ___________ day of 2013, personally appeared before me, a Notary Public in and for the City of Cabanatuan, the following persons: NAMEVALID I. D. DATE/PALCE Mr. Eduardo N. Reyes, Jr. Dr. Maria Victoria M. AlvarezSSS ID # ll known to me to be the same persons who executed the foregoing document, consisting of three (3) pages including this page and acknowledgement that the same is an act of their free and voluntary will and deed. IN WITNESS THEREOF, I hereunto sign this document and affix my seal of office on this date and place aforementioned. MR. EDUARDO N. REYES, JR. DM II ââ¬â Department Manager/Head, NELC DR. MARIA VICTORIA M. ALVAR EZ Dean, College of Business and Accountancy Doc. No. __________ Page No. __________ Book No. __________ Series of 2010
Friday, January 3, 2020
Commodity Fetishism and Its Impact on Contemporary Society...
What is commodity fetishism as defined by cultural and media theorists? Identify and analyse three images that demonstrate the way commodity fetishism is impacting on contemporary society and culture. ââ¬Å"Commodities are defined as things that are bought and sold in a social system of exchange.â⬠(Sturken Cartwright, 2009, p. 279 )â⬠The concept of commodity culture is intricately allied with the idea that we construct our identities through the consumer products that inhabit our livesâ⬠(Sturken Cartwright 2009, p. 279) The idea of a commodity culture has been described by media theorist Stuart Ewen as a commodity self. He believes that we are constructed through our relationship with and use of commodities in our everyday lives. Karl Marxâ⬠¦show more contentâ⬠¦Not only does it allow the development of a broader social context of devaluing labour, making it hard for workers to take pride in their work but it also allows consumers to remain ignorant of working conditions.â⬠(Sturken Cartwright 2009, p. 280) This image is an example of commodity fetishism because it is ââ¬Å"essentially a process of mystification that not only empties commodities o f the meaning of their production but also fills them with new, appealing meaning.â⬠(Sturken Cartwright 2009, p. 279) The process of making something seem more appealing is used to promote and sell the product. Consumers purchase Calvin Klein jeans because they are a designer label and are promoted as being fashionable and worn by celebrities. Consumers are not purchasing the Calvin Klein jeans because they were mass produced in a different country or because of the people who produced them. This example relates back to the Frankfurt school theory that ââ¬Å"commodities are hollowed out objects that propagated a loss of identity and erode our sense of history.â⬠(Kaplan 2006, p. 105) Image two is the front cover of a book. It shows chocolate and has been chosen as an example of commodity fetishism. Chocolate is associated with desire and is a form of pleasure in peopleââ¬â¢s lives. Chocolate is also a popular gift to give loved ones for birthdays and special occasions. Chocolate is a symbol of love and comes in many shapes and forms which can suit a variety of occasions. It isShow MoreRelatedThe Consumer Society Essay3590 Words à |à 15 Pages ââ¬Å"People recognise themselves in their commodities; they find their soul in their automobiles, hi-fi sets, split level homesâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦social control is anchored in the new needs which the consumer society has produced. (Marcuse,1968:24)To what extent are we controlled by the consumer society we live in? The rise of the consumer culture is a phenomenon characteristic for the twentieth century. The impact of this cultural movement is disputable. The quote above was taken from Marcuseââ¬â¢s book ââ¬Å"OneRead MoreThe Culture of Narcissism.Critical Book Review Essay2284 Words à |à 10 PagesCritical book review: Christopher Lasch (1991) The Culture of Narcissism: American Life in an Age of Expectations The culture of narcissism was widely recognised as a socio-cultural critique of American society when published in 1979. Written by Christopher Lasch, the book analyzes a social phenomenon identified by Christopher Lasch as ââ¬Ëcultural narcissismââ¬â¢, a process by which certain attributes of the pathological branch of narcissism (Bocock, 2002) become societal characteristics (LaschRead MoreSigmund Freud in The Century of the Self Documentary by Adam Curtis1830 Words à |à 8 Pagespractices in entrepreneurial culture deceive the public. False consciousness is resulting from the Marxist belief which recognizes a state of mind of a person or an assembly of individuals who donââ¬â¢t comprehend their class interests. A number of people who are academically affiliated with the Marxist practice trace the notionsââ¬â¢ foundation to a philosophy initially established by Marx, well-known as commodity fetishism. Commodity fetishism is the notion that societies place a worth on merchandisesRead MoreEssay about Consumer Culture and Identity2218 Words à |à 9 PagesIntroduction Fonseca (2008) defines Consumer culture as a process that ââ¬Å"represents a condition in which consumption is seen as having the role of increasingly mediating certain aspects of social relations and consumption has the symbolic ability to represent affiliation to a certain group and its lifestyles, as well as to generate a sense of identity.â⬠The mention of identity in Fonsecaââ¬â¢s definition brings about an understanding of the impact consumer culture can have on social agents, and not just onRead MoreMidterm Paper1344 Words à |à 6 PagesIn contemporary American culture, consuming is as authentic as it gets. Advertisements, getting a bargain, garage sales, and credit cards are firmly entrenched pillars of our way of life. We shop on our lunch hours, patronize outlet malls on vacation, and satisfy our latest desires with a late-night click of the mouse. The idea that consumption is private should not, then, be a conversation- stopper. But what should a politics of co nsumption look like? A right to a decent standard of living. ThisRead MoreLittle Do They Know : The World Of Advertising3080 Words à |à 13 PagesVanessa W 1:00 Nicholas A Zahn University of California, Santa Barbara While the world of advertising has been responsible for creating trends and impacting culture on a monumental level, the constant manipulation and force-feeding tactics behind these agencies has created a capitalist monster that is detrimental to society. Praying on the emotions of citizens, the rent-seekers have created a mentality valuing excess over humility. The food and beverage industries, alcohol in particularRead MoreThe Idea Of Scientific Objectivity1650 Words à |à 7 Pagesideologically. The problem for consciousness is not only its displaced relationship with its surroundings but also its displacement from its own mechanisms. Marx, in the famous arguments about the commodity fetishism in the Capital, compares the way in which we take the product of human labour and turn it into a commodity by saying that it has objective value ââ¬â in and of itself. He extends his argument to religion by illustrating that God is a product of human labour and was brought into meaning the way objectsRead MoreLiberal Pluralism Vs. Modern Society Essay1628 Words à |à 7 Pagesengaging with the examples is is necessary to outline the characteristics of the two political economy paradigms. Liberal-Pluralism is relatively optimistic in its perspectives of capitalist society. Several different interest groups compose society, according to Liberal-pluralism (Louw, 14-15) and within that society, Media can be considered an agent of democracy because the relationship between media and audience is seen as even, in that, media requires large audiences to generate revenue and thus mustRead MoreHow the ââ¬ËCulture Industryâ⬠⢠had Profound Social Impacts in Society2017 Words à |à 9 Pagesphilosophers developed the ââ¬ËCulture Industry Theoryââ¬â¢ in the 1940s, in light of the disturbed society they had seen during this time. They witnessed how Nazi Fascism used mass media such as films, radio and newspapers to brainwash millions into partaking in this ideology. Similarly they saw the rise of Capitalism in America, which also used mass media such as Hollywood films and advertising to disseminate the masses into the capitalist Ideology. This essay will evaluate how the ââ¬Ëculture industryââ¬â¢ had profoundRead More Transcending Herbert Marcuse on Alienation, Art and the Humanities4411 Words à |à 18 Pagesand Paulo Freire have investigated, as the axial human problem, how education is to help us in accomplishing our own humanization. The contemporary search for a genuinely critical theory and an authentically democratic society continues that project. But what can make theory critical, education liberating, society democratic? It is necessary to theorize our society critically if we are to have a vehicle for correctly informed transformative practice. The problem is that much of what is called critical
Thursday, December 26, 2019
Adventure Of Passing High School - 1411 Words
Adventure. A three syllable, nine letter word; greek origin and has the definition that quotes ââ¬Å"An unusual and exciting, typically hazardous, experience or activityâ⬠. Adventures are the exploration of something new and they usually hold valuable life lessons. They teach you something important so you can learn from the experience. Young or old, naive or wise, idiotic or intelligent, anything can happen to you at any given time in life. You can experience almost anything. In life we make many decisions and when we act on those decisions, we make new outcomes for ourselves. Itââ¬â¢s all apart of the adventure. You could have the adventure of passing high school to the adventure of traveling the globe. The skyââ¬â¢s the limit and youââ¬â¢ve got the wholeâ⬠¦show more contentâ⬠¦Every year something new, something exciting comes up, but you never know what it is. Anything could be hit or miss and itââ¬â¢s all based on the decisions you make. My first decisio n was to talk to the new kid at our table. He seemed lonely or like he didnââ¬â¢t wanna be there; I really couldnââ¬â¢t tell. I wouldnââ¬â¢t like being in a new school, after all, that was me a couple years back. Thereââ¬â¢s this certain kind of drawing feeling that pulls you to something, like looking at a new shiny toy and knowing that was the one you wanted for Christmas. Itââ¬â¢s happened plenty of times with friends, material items, or even any random thing. This time, it was different. It was the drawing feeling that made you wanna scream on the top of your lungs with excitement and shy away because youââ¬â¢re too embarrassed to do anything. It fuels you with so many different emotions and drives you insane. After talking to the new kid for some time, we got to know each other. We went out like normal friends do. Bowling, movies, parks, you name it; we did it. It was just a matter of time before we became something more. October 15th, 2014 was the day, an extraordinary day at that. And from then on, we were two slap happy teenagers with a lot of fun ahead of us. You begin to realize more and more things as time goes on and you learn and grow from them. In something like our own in a short amount of time we learned trust, communication, and to let loose. We did everything we could possibly think of. We
Wednesday, December 18, 2019
Organizational Structure Of Functional Managers - 919 Words
Organization Structures relates to Project Management Functional managers have specialties such as engineering and manufacturing. They are usually selected for their technical expertise and ability to control the day to day operations. Functional Managers are considered cross-functional team and are self-directed to assign to a specific task. This type of management have different responsibilities, but all work to perform the same function of the department. Leadership within functional managers is essential, it creates and fosters team unity and leadership is always the key to success. There are a lot of outside pressures involved and the team must have internal strength and commitment to survive throughout the project life-cycle. Matrix organizational structure report the functional manager and one or more project managers. This type of structure represents the middle ground between functional and project structures. This type of structure is a multi-task method where more th an one project is going on and the employees will report to the manager in their department. Matrix organizational structures can be strong, weak and balanced. In this organization method, there are a lot of process steps involved and have to be managed carefully. The matrix organizational structure consist of weak, strong and balance structure. Strong organizational structure allows a company to better focus on set of goals instead of each groups working towards each agenda. This strongShow MoreRelatedOrganizational Design and Organizational Structure Essay1427 Words à |à 6 PagesORGANIZATIONAL DESIGN AND ORGANIZATIONAL STRUCTURE An organization is a pattern of relationships-many interwoven, simultaneous relationships- through which people, under the direction of managers, pursue their common goals. These goals are the products of the decision - making processes. The goals that managers develop through planning are typically ambitious, far-reaching, and open-ended. Managers want to ensure that their organizations can endure for a long time. Members of an organizationRead MoreProject Planning: Questions1450 Words à |à 6 Pages02-Framework-SEC 102 Multiple Choice Identify the choice that best completes the statement or answers the question. ____ 1. The project manager must identify _________, determine their requirements, and then manage and influence those requirements to ensure a successful project. a. stakeholders c. team members b. end users d. functional managers ____ 2. The ____ focuses on different groupsââ¬â¢ roles and responsibilities in order to meet the goals and policies set by top management. Read MoreOrganization Structure and Design1257 Words à |à 6 PagesOrganization Structure and Design Organizing: Arranging and structuring work to accomplish organizational goals. Organizational Structure is the formal arrangement of jobs within an organization. Organization chart: Organization structure shown visually in the form of a chart. Organizational Design: A process that involves decisions about six key elements : Work specialization, Departmentalization, Chain of command , Span of control, Centralization and decentralization and Formalization. PurposeRead MoreMatrix Analysis : Matrix Management Essay1135 Words à |à 5 Pageswhat is a Matrix? A matrix structure describes when we have more than one formal reporting line Matrix management describes where we are managing horizontally across the traditional, ââ¬ËVertical silosââ¬â¢ of functions, geography and organizational boundaries. It can include managing external stakeholders, multifunctional and virtual teams. Thus, in this structure the employment from different departments of the organization temporarily work together. In the matrix structure, there is no particular directionRead MoreProject Management Structure Paper862 Words à |à 4 PagesRunning head: PROJECT MANAGEMENT STRUCTURE PAPER Project Management Organizational Structures Paper University of Phoenix MGT 437- Project Management Roy Chuang December 2, 2012 Project Management Organizational Structures Paper A project organization is a framework of rules and regulations that companies use to facilitate the harmony and finishing point of project activities. Its foremost objective is to generate a atmosphere that will encourage relations betweenRead MoreContingency Theory727 Words à |à 3 Pagessituations favorableness 2. The degree of task structure, which is the second most important input into the favorableness of the situation 3. The leaders position power obtained through formal authority, which is the third most important dimension of the situation ORGANIZATIONAL STRUCTURE An organizational structure consists of activities such as task allocation, coordination and supervision, which are directed towards the achievement of organizational aims. It can also be considered as the viewingRead MoreHow Organizational Structure Is Appropriate For Accommodate Executive Board Members Of A Successful 50 Partner980 Words à |à 4 PagesIntroduction This paper will examine which organizational structure is appropriate to accommodate executive board members of a successful 50-partner firm to diversify and sustain a competitive advantage. This firm already provides accounting services to corporate clients but this firm is also interested in offering management consulting services and expanding these services to smaller clients. Considering a simple, a functional, or a multidivisional organizational structure the firm may be able to diversifyRead MoreOrganizational Structure And Functional Structure999 Words à |à 4 PagesFor traditional organization structures, departmentalization means that ââ¬Å"how to group work positions into formal teams or departments that are linked together in a coordinated wayâ⬠(Victoria management school, 2010, p. 272). These decisions have three types of organizational structure: functional, divisional, matrix and hybrid structures. The definition of functional structure is that making the groups which get the people who have the similar skills together for the similar tasks (Schermerhorn,Read MoreThe Principal Reasons Why Management Has Become Such A Popular Business Tool1118 Words à |à 5 Pagesthat you are in charge of a production line. What is expected of you as a process manager? Now suppose that you are assigned the task of making a radical change to the production process. What then would be expected of you as a project manager? (Objective 1.2) As a process manager you are in charge of making sure the day to day operation is running smoothly and that you meet your immediate quotas. A process manager, especially on the production line level is not involved in big picture thinkingRead MoreMis Project Management At First National Bank1747 Words à |à 7 Pagesis too long and high temporal cost of Priority Committee; 2) The organizational structure is not a matrix; 3) The project manager faced many difficulties and challenges; 4) Low involvement of user department. The researchers Pretorius, Steyn, and Jordaan (2012) in their present that ââ¬Å"project management success is dependent on the following four dimensions: The skills and competencies of the project manager; Organisational structure; Measurement Systems; and Management practices that represent an
Tuesday, December 10, 2019
Business Law Electronics Contracts using Email
Question: Describe about the Business Law for Electronics Contracts using Email. Answer: Several of the rules that are applicable in case of 'paper' contracts are also applicable in case of the electronic contracts that have been created by the parties using e-mail, online or other electronic means. At the same time, more and more businesses and supplies are moving towards electronic and online credit applications including with the customers were not present in Australia, the effect of these rules have become even more significant. A number of these rules have been recently considered by the courts which included the Supreme Court of Queensland that had to go through the issue of electronic signing by e-mail to contract to which an interest in land was created. Therefore the issue of electronic contracts can be divided into three parts regarding the ways in which the issues related with electronic contracts have an impact on consumers. In the first part, the issue is if an e-mail can be considered as a signature; when the credit applications and the terms and conditions of trade and the guarantees should be signed and if the foreign laws can be considered as relevant. In this second part, the issue that needs to be considered is who has the sufficient authority for signing the contract on behalf of a customer or guarantor and what will happen if such a person does not have the required authority. Similarly in partly the issue is related with the time when the parties are considered to be found during the negotiations even if it has been said by them that it is subject to contract? First of all, it has to be seen if an e-mail can be considered as a signature in case of an electronic contract. Generally if the contract or any clause of the contract creates an interest in land or is a guarantee, the law in Australia provides that there should be a memorandum or a note present in writing that has been signed by the relevant party or its agent. This condition is particularly relevant in case of the creditors who have relied on charging clause for lodging caveats on the interests over land or guarantees. For example in Stellards Case, Stellard was willing to buy land off NQF and after a series of e-mails, it sent an e-mail to NQF in which it has mentioned the amount that the company was offering to pay and also the general terms of the offer or in other words the 'offer e-mail'. There was no formal contract document that has been hand written or electronically encrypted signatures that were placed on it. In this regard, the agent of NQF (the director's son) sent an acceptance e-mail in which it had accepted the offer e-mail sent by Stellard and at the end of this e-mail, intentionally, the name Drew has been typed at the end of the e-mail. It was agreed by NQF that the e-mail getting the acceptance has been sent by Drew but it was a memorandum or a note in writing. At the same time, it was also alleged by NQF that the e-mail containing the acceptance has not created an enforceable contract between the parties regarding the land as it was not 'signed'. Therefore the issue arose if the acceptance e-mail can be considered as a signed memorandum or writing. In this regard, a national scheme is present in Australia regarding the electronic transactions law. This is present in the form of Electronic Transactions Act (Vic) 2000. At the same time, similar legislations also present in other countries. Therefore according to the court in Stellard's case, it was stated that in view of the trail of the e-mails between the parties, the acceptance e-mail had a signature and the result was that an enforceable contract regarding land was present between the parties as it was a memorandum or a writing that has been signed by the registered owner or an agent thereof. The result was that the court stated that under the circumstances, where the parties have been involved in negotiations by using e-mail and particularly when an offer has been made e-mail, it is available to the court to infer that consent regarding the use of e-mail has been given by the conduct of the relevant party (Burns and Hutchinson, 2009). Therefore the court noted that in communicating negotiations through e-mail, an implied consent has been present on part of Drew on behalf of NQF regarding the method of signing through the e-mail. It also needs to be mentioned that which relevant electronic transaction log will be applicable to the terms and conditions of the supplier will rely on the words used in these terms and conditions and also on the effective and online system, e-mails or other electronic communications are used by business for credit applications and guarantees, particularly in case an e-mail trail is not present. Therefore if it is done correctly, it is possible to sign the documents by using electronic means apart from the e-mails, provided that a supplier has strictly complied with the provisions of the relevant electronic transactions law. In order to be valid, the basic elements that have been prescribed by the contract law are also applicable in case of electronic contracts. In this way, the requirements of offer and acceptance, consideration and the capacity of the parties to create a valid contract are still regarding case of electronic contracts. However a question may arise as to when the terms and conditions and the guarantees have to be signed in order to be enforceable regarding certain rights. Therefore generally the terms and conditions and guarantees contained express terms for the purpose of securing any payment that is owed towards the supply. Some of the common examples of such a situation include the case where supply will retain the ownership of the goods in the time they have been paid for in full. Similarly, a charge can be granted to the supply regarding any interest in land that the customer may have, either at present or in future. This is also known as a charging clause. The effect of a charging clause is that it allows the supplier to lodge a caveat regarding any interest in land that has been registered in the name of the customer. This has proved to be a significant tool for the purpose of debt recovery. In order to lodge a caveat under the law of Australia, the terms and conditions (as was the case in Stellard's case) have to be signed by the customer. In most of the other countries there is a similar requirement related with the caveat lodgment systems. Similarly in case of guarantees, a charge is generally granted regarding any interest in real or personal property that the guarantor has, or is capable of granting an interest in. This is known as a general charging clause. According to the law of Australia, a guarantee has to be signed by the guarantor on the agent of the guarantor in order to be made enforceable. The test regarding any mail has been signed by guarantor or its agent can be the test that was mentioned by the court in Stellard's case. In the same way, t he requirement according to which the guarantee should be signed is also present in the law of most of the countries. Under these circumstances, it can be said that under the Australian as well as according to the Australian law, the electronic signatures are considered as being valid for the purpose of executing agreements. However, a difficulty may arise in case of electronic signatures when evidence is needed for confirming the identity of the person signing the contract or the intention of the party to be bound by the contents of the agreement. Although these risks may be mitigated by using digital signature tools that incorporated the context of the identity verification and methods of authentication like public-key cryptography but still there are certain significant issues that need to be considered. As a result it can be said that although the electronic signatures are legally enforceable but still they are difficult to prove. As mentioned above, in order to be created validly, there are certain elements that have to be present in an agreement. These elements include the intention of the par ties to create contractual relationships, accepting the offer made by a party in providing consideration under the agreement. Generally in case of commercial transactions, the creation and the execution of a valid agreement through electronic means has to satisfy these elements under the international law and also under the Australian law as is the case with the paper contracts. However apart from the usual requirements that are present in case of a labor contract, a contract that has been created using electronic means is considered as legally valid if the contract has been appropriately stored and it can be accessed after its execution. At the same time, it is also required that they should be consent present between the parties either express or implied that the information will be received electronically. At this point, it is also worth mentioning that according to the law, the purported originator is considered to be bound by the communication if such a communication has been s ent by the purported originator or with its consent. However this results in a problem that deals with establishing that this element is present, especially in the cases where the parties to the transaction have not been dealing with each other face-to-face and as a result, they cannot verify the identity of each other by using traditional means. Under these circumstances, it can be said that e-mail has outnumbered the traditional letters and faxes and has become the preferred communication method for businesses which include the negotiations for contracts. Although generally the courts are considered as being behind the times but in this case, the courts have responded towards this shift in communication and consequently, e-mail has been accepted by the courts as the means of creating a binding in between the parties. On the other hand, all the businesses are not conversant with this fact. In fact there are a number of businesses that are still under a mistaken belief that anything said or agreed to the e-mail is not binding for the parties and the also believe that a legally enforceable contract can only be created when a formal written document has been signed by the parties. But the law provides that if the parties are negotiating through e-mail but they do not want the e-mails to be binding contracts, this fact should be clearly mentioned in the e-mail that no binding contract will be created between the parties unless a formal contract is executed by the parties. On the other hand, if this condition has not been expressly mentioned, it is not likely that such a condition will be implied in the e-mails by the court. The result was that, for example, in Stellard, the court arrived at the conclusion that a binding contract related with the sale of land has been created between the parties through e-mail. More significantly, it needs to be noted that in both the offer e-mail as well as in the acceptance e-mail, it has been mentioned that the offer is subject to contract and also mentioned that it was subject to execution. After the exchange of e-mail between the parties, a contract was sent by the buyer to the seller for executive, but the same was not signed. Later on, the seller withdrew from the deal and had made a contract with another party. Therefore, it was the decision of the court that by the context of the e-mails, it can be said that it was the intention of the parties to be bound by it immediately. This was the case even if the party is expected that the agreement will be substituted by a formal contract which will also contain additional terms. In this regard, the court also stated that the e-mails fulfill the requirement according to which a contract related with the sale of land should be in writing and signed, in view of the provisions of the Electronic Transactions Act, 2001. Therefore, it can be stated that the decision given in this case follows an earlier decision of Western Australian Court of Appeal that was delivered by the court in Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd. (2015). In this case, it was stated that a contract has been created between the parties regarding the lease of commercial premises by using a series of e-mails although it was mentioned in these e-mails that the offer was subject to formal approval. While delivering this decision, the court was not affected by the fact that the parties failed to agree regarding a reinstatement clause and it also ignored the fact that no formal lease was later on signed by the parties although it was the intention of the parties to do so. The trend related with binding e-mail also extends to the settlement negotiations that take place between the lawyers through e-mail. For example in Universal Music Australia Pty Limited v Pavlovic (2015), the NSW Supreme Court arrived at the decisio n that a binding settlement agreement was created through the e-mails that were exchanged between the lawyers. In this case, the court stated that the e-mail of the lawyer in which it was mentioned that the settlement deal will be signed by the client along with the rest of the communications and the conduct of the parties, it was considered that a binding contract has been created. Although the parties had the intention that a deal will be signed later on and it was never signed but a Court refused to find the presence of an implied condition according to which, a binding contract will not be created unless the deed has been actually signed. Therefore in the end, it can be said that as a result of the expansion of Internet and e-commerce, there has been a significant increase throughout the world regarding the formation of electronic contracts. New laws are also being developed for accommodating electronic contracts. However, despite the development of new legal framework for accommodating electronic contracts, still there are certain uncertainties related with the formation of electronic contracts. References Australian Government, Commonwealth Treasury (2006) The Australian Guidelines For Electronic Commerce. Available:https://www.treasury.gov.au/documents/1083/PDF/australian_guidelines_for_electronic_commerce.pdf (September 18, 2008). Benkler, Y. (2000), Net Regulation: Taking Stock and Looking Forward. University of Colorado Law Review, 71 (4), pp.1203 1252 Burns, K. and Hutchinson, T. (2009) The Impact of Empirical Facts on Legal Scholarship and Legal Research Training. The Law Teacher, 42 (3) pp. 153-179 Carter, J. W. and Harland, D. J. (1993) Cases and Material on Contract Law in Australia, pp. 339-40 Cornwilaw (2006), Electronic signatures and Electronic Contracts, Available: https://www.corwinlaw ( 22 May 2011). Forder, J. and Svantesson, D. (2008) Internet and Ecommerce Law, pp. 52-53 Gatt, C. (1998) Comparative Issues in the Formation of Electronic Contracts. International Low and Information Technology, 6 (1), pp. 34 -57 Graw, S. (2005) An Introduction to the Law of Contract, pp. 461-464 Optus, (2009), Buying Online is Easy: A Few Things to Note. Available: https://personal.optus.com.au (December 26, 2009) Perry, D. (2002) Electronic Enforcement Environment and Capability, Internet Law Bulletin, 5 (7), pp. 73- 74 Rahukar, S., (2010), Electronic Contracts (Part-1) Club Hack Mag. Available: https://chmag.in/article/nov2010 (May 22, 2011) Schiano, W. T. (2004) CyberLaw: Text and Cases, pp. 158-159 Starke, J. G., Seddon, N. C. and Ellinghaus, M. P. (1992) Cheshire and Fitfoots Law of Contract pp. 663- 773 Case Law (Stellard Pty Ltd Anor (Stellard) v North Queensland Fuel Pty Ltd [2015] QSC 119 Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd [2015] WASCA 21 Universal Music Australia Pty Limited v Pavlovic, [2015] NSWSC 791 Statute Electronic Transactions Act (Vic) 2000
Monday, December 2, 2019
The Design Argument Does Not Prove The Existence O Essays
The Design Argument Does Not Prove The Existence Of God . Do You Agree? Paley's design argument suggests that complex items don't usually come about by chance. For example, a watch does not grow out of the ground, it needs a watchmaker in order t o exist. This means that complex items would require a complex designer. If we apply this logic to the real world then it has to prove the existence of God because the universe is far more complicated than anything a human can design. Such as , the human eye cannot be created' by scientists. 4995847305700 So, the universe must have a superhuman designer and that designer is God. Although on the other hand, many disagree because they believe that there are many holes in Paley's theory such as the fact that it refutes itself. By this I mean Paley's compares the wait in to the nature around it that is why nature must have been created just like the watch was created but as we go on to humans and how we were created there is nothing to compare us to so no solid evidence that Paley's argument is valid. The Anthropic Principle 576127647905 The anthropic principle states that the reason the universe is so well tuned for life, is because life exists there. As in, because the development of life is such a delicate process, the conditions have to be perfect. If the conditions were not perfect, life wouldn't form, so therefore, bec ause life has formed, this explains why we observe the universe to be perfectly tuned for life. Although there aero argument over whether or not the anthropic principle is a new scientific theory, or merely a statement of the obvious. 8634367436488 9286867-216012 Thomas Aquinas's First Cause Argument Thomas Aquinas's First Cause argument states that there has to be an original cause for all things God is this cause. There is a problem though if God is real God must a lso be included in all things if he is rea l. This being the case God must also need a cause but it is claimed God needs no cause because God has always existed. The second problem is that if God can exist with no cause then so can the universe. If the universe cannot then neither can God if God is real. 48100876275
Subscribe to:
Posts (Atom)