Accounting Procedures Manual for Football Association of...

PREFACE Introduction This Accounting Procedures Manual has been prepared by Christopher Mdolo-ACCA(CPAM) for Football Association of Malawi. The manual provides comprehensive accounting policies, systems and procedures to ensure that FAM’s activities are implemented in a transparent and accountable manner using appropriate financial pathways. The Manual will ensure that there is consistency, transparency and accountability on the part of those involved in undertaking the Associations transactions. Objective The broad objective of this Manual is to document, in simplified terms, accounting policies, controls, systems and procedures. The manual also ensures that the activities of the Association are accounted for in a†¦show more content†¦Heads of Departments are responsible for implementing and co-coordinating their areas of operations. FAM will rely on external auditors for evaluating compliance and effectiveness of the accounting procedures and controls. 2 ORGANISATIONAL STRUCTURE OF THE FINANCE DEPARTMENT The Finance department is headed by the Accountant . The Assistant Accountants 1 2 reports directly to the Accountant. Figure 1: Overall Finance Department Structure [pic] 3 ROLES AND RESPONSIBILITIES 1 The Chief Executive Officer The Chief Executive Officer (CEO) of FAM reports to the Executive Members. The CEO responsibilities include among others: ââ€"† ensuring efficiency and effectiveness of operations of the Association; ââ€"† providing leadership and advice in the technical, commercial and administrative functions and in the general management of the organization and its resources; and ââ€"† formulating and implementing short, medium and long term strategic corporate plans. 2 Accountant The Accountant is in-charge of the efficient and effective operation of the Finance Division of FAM and reports directly to the CEO. The responsibilities of the Accountant include: ââ€"† compiling of annual budgets and presenting to the Board for approval; ââ€"† managing the Association’s finances and administration of the Finance Department; ââ€"† presenting quarterly and annual accounts to theShow MoreRelatedPorters Five Forces in Beer Market75399 Words   |  302 PagesDKK DKK % DKK 1,000 1,000 12.5 44.1 17.2 4.0 32 223.6 76,078 87,964 11.7 50.1 25.2 4.0 34 272.8 76,278 94,433 19.9 47.1 48.0 4.8 24 452.9 76,271 94,479 24.3 51.2 -1.0 4.8 20 498.1 76,246 94,466 22.2 65.8 -415.4 3.5 20 171.3 152,554 118,778 The accounting policies were amended with effect from 2005, cf. the section of the 2005 Annual Report on the transition to IFRS. The comparative figures for 2004 were restated accordingly. Financial ratios are calculated in accordance with the Danish Society of

Conflicting Perspectives-to Kill a Mockingbird - 785 Words

The concept of conflicting perspectives is consistently present in Harper Lees’ novel To Kill a Mockingbird. The text asks questions about current trends in society and the attitudes that cause people to ‘act like sheep† and conform while also expressing the need for individuality. It also brings into question the way the judicial system should be beyond reproach no matter what man is on trial, whether they be white or black. In a similar manner it also shows changing attitudes in regards to racism over time and in turn establish a conflicting perspective between the reader and characters of the novel. Written in the 1960’s and set in the 1930’s, the text is removed from its immediate context as it portrays the defence of a black man,†¦show more content†¦Another conflicting perspective is set up between the readers themselves and the characters of the novel. The reader empathises with Atticus’ goal and is shocked and affronted to the racism presented in this novel. In our, the responder’s, context racism is looked down upon however Lee contrasts this to the context of her novel where racism is ever present. The common conception of the 1930’s is shown in the repetition of â€Å"Negro†,Show MoreRelatedTo Kill a Mockingbird and A Time to Kill: Similarities and Differences818 Words   |  4 PagesA Time to Kill and To Kill a Mockingbird both have a number of similarities to be compared and contrasted. Both stories can be compared in their themes about justice and racial prejudice. However, this is where the similarities end. The the mes and ideas in both novels are vastly different in shape and scope. In A Time to Kill justice is the main theme and most of the ideas are focused on justice and the gray in between the lines of black and white set by the law, racial prejudice is also touchedRead MoreTo Kill A Mockingbird Essay1505 Words   |  7 PagesJem. These laws followed the Southern societal ideas of the separation between races, but also demonstrated a division between a community where individuals held different moral ideas. To Kill a Mockingbird explores human morality from the perception of a six year old child, providing a different perspective on important issues of this time period. Scout’s understanding of morality develops from her once simple idea of an individual being either good or evil to a much more complete comprehensionRead MoreSnow Falling on Cedars, The Greasy Pole and To Kill a Mockingbird Compared1164 Words   |  5 PagesThrough composers use of conflicting perspectives, a div erse set of values are presented, offering responders insight and a deeper understanding of political, social and economic incongruities within society. David Guterson’s courtroom drama, Snow Falling On Cedars (1994) utilises the symbolic setting of the court trial and the island of San Piedro as a microcosm to reflect the embedded racial discrimination within American society. The characterisation of Ishmael, as an embittered individual allowsRead MoreLoss of Innocence in Raisin in the Sun and To Kill a Mockingbird1974 Words   |  8 Pages Recently, I have read both a Raisin in the Sun and To Kill a Mockingbird, both considered literary classics. They share a number of similar themes and character that face similar situations. Ultimately, they have extremely different plots, but address the same issues; some that were common around the time they were published, and some that carry relevance into current times. What I wish to bring to light in this essay is that in both novels, there are many characters that lives’ hit a shatter-pointRead More The Theme of Prejudice in To Kill a Mockingbird Essay example2548 Words   |  11 PagesThe Theme of Prejudice in To Kill a Mockingbird ‘To Kill a Mocking Bird’ teaches us about the deceit and prejudice amongst the residents of Maycomb County, all of whom have very contrasting and conflicting views. We are told the story through the eyes of little girl, Scout, and the day-to-day prejudices she faces amongst society. Her father, Atticus, is a white man defending a Negro, even though the town frowns upon such a thing. He is trying to bring order to the socially segregating viewsRead MoreThe Broken Ladder Of Society2580 Words   |  11 Pagesboasts perfection and happiness for all. Throughout history, the human race has gone through periods of injustice, social inequality and morally questionable doings.There are many memoirs and accounts of social injustice, though the novel To Kill a Mockingbird by Harper Lee reflects upon it in a perceptive manner that is difficult to embody. The social hierarchy benefited no one, from the lowest ranked coloured folk’s who were burdened by stereotypes, the outcasts whom fooled their community with

Youth Sports Free Essays

string(53) " and bored of doing the same thing every single day\." According to the Center for Kids First, there are more than 40 million youth athletes that play sports in America today. These youth athletes have a plethora of organizations they can pursue. From super competitive programs like the Amateur Athletic Union (AAU) which includes sports like baseball/softball, basketball, soccer and volleyball to the supposedly fun programs like PAL, POP Warner, and Little League Baseball/Softball there is a league for anyone regardless of their skill level or competitive fire. We will write a custom essay sample on Youth Sports or any similar topic only for you Order Now The big question is do playing youth sports affect the athlete in the long run? There are many factors involved in the competition of youth sports that in the long run may push the athlete away from sports all together. Not only is it the athlete that is involved in this process, the coaches, parents, and fellow competitors play a huge role in the affect youth athletics have on its athletes. As we go along we are going to talk about some of the problems associated with youth athletics, and try to find solutions to these problems. The first thing that comes to mind when you think about problems in youth sport would be the overzealous parents. The parent that goes above and beyond to push their child to his/her limits. A study conducted by the Citizens Through Sports Alliance gave what they call a â€Å"report card† showing the results of how parents effect youth sports (Emmons). This panel of experts essentially based their results on youth sports programs with ages ranging from 6-14(Emmons). Parents received low grades in the areas of a win at all costs mentality and overall parent behavior. Executive director for the Positive Coaching Alliance, Jim Thompson said,† We really hope this is a wake-up call. This is such an important part of kid’s lives and if there is something wrong with youth sports, then we ought to start thinking about the ways we can change it. †(Emmons) The parent’s role in a child’s youth sport experience could range from being the driver to and from practices and games all the way to being the coach of the team and officiating the game itself for that matter (Hedstrom/Gould). But what is really going on? Early studies have shown that the role of the parents in youth sports has become more of a problem as time has passed. Results show that the five biggest problems that parents have involving there child in youth sports include; overemphasis on winning, unrealistic expectations, coaching their own child, criticizing, and pampering there child too much (Hedstrom/Gould). There have been documented accounts of parents arguing with coaches, confronting referees, and even unforeseen altercations while attending a youth sporting event. So how do we attempt to remedy this situation? One approach would be for the parents too fully immerse themselves into the culture of the league. Do some reading, attend informative sessions, and talk to other parents involved in the league to try and get a full sense of the philosophy and goals of the organization (Emmons). Doing this will allow for the parent to get a scope of how the league operates and see what values and goals the league holds true. It is important that the parent be involved in the children’s experience in youth sport, but it’s more important that they don’t pressure the child before, during, and after a contest. Just being there attending games, driving to away games, and joining in team celebrations will show a strong support for the child and enhance their experience in youth sports (Hedstrom/Gould). One final approach that I personally like would be at the very beginning of the season before you even have your first practice, the coach of the team should call a team meeting and have all the parents of the players attend. The purpose of this meeting would be to discuss the main objectives of the season and make sure that everyone is on the same page (Hedstrom/Gould). While running this meeting it is important to stress the roles of everyone involved and stress good sportsmanship. Burnout is said to be one of the biggest factors that attributes to youth athletes quitting. What is burnout? The definition from the text of the book social issues in sport tells us that burnout is the exhaustion of physical or emotional strength as a result of prolonged stress that causes athletes to discontinue competitive sports. Studies have told us that an estimated 73% of athletes drop out of sports by the age of 13 (Adkins). This is a staggering figure that as time has passed continues to grow. Not only is it the fact that the athlete may be getting burned out by playing one sport, they may just give up and quit playing organized sports all together (Adkins). There are a few main explanations that can be attributed to athlete burnout. The first suggestion is the excessive stress and pressure put on the athlete. These days there is such an emphasis on winning and being the best that we see at a younger and younger age that athletes are pressured to win at all costs (Masterson). They are pushed above and beyond what their comfort level may be and exposed to excessive stress and pressure by parents, coaches, and fellow teammates (Adkins). A second theory suggests that the athlete experience what is called entrapment. They invest all this time into their sport but is not seeing any of the rewards or benefits of all the work they have put in. basically what is happening is that the costs are outweighing the benefits which over the long run is causing the athlete to burnout (Masterson). So how do we stop athletes from burning out and eventually dropping out of youth sports all together? In my opinion, it boils down to the factor of specialization. If at a young age you push your child to just play one sport year round your child over time is going to grow tired and bored of doing the same thing every single day. You read "Youth Sports" in category "Papers" I feel that it is important for the parent to encourage their child to participate in multiple sports. This will not only keep them active all year round but it will keep their mind fresh and will allow for them to find different things to do with their time. Another suggestion would be for the parent of the child to not force anything on their child, especially at a young age. In youth sport, if the parent pushes their child to compete in a sport they are not willing or wanting to compete in this will only speed up the process of burnout and more than likely cause a disconnect in the relationship between the athlete and parent (Hill). This leads me into my next problem with youth sports which is the concept of specialization in sport. At younger and younger ages children are beginning to play sports and more and more the parents are pushing their child to focus on just one sport. Specialization is defined as an athlete limiting their athletic participation to one sport which is practiced, trained for, and competed in throughout the year (Hill). There are many arguments for and against specialization in sport. Sport specialization lives by a basic philosophy, if you start them early you can narrow there focus and concentrate on one sport (Hill). With the competitive nature of sports today and the overemphasis on winning, parents and coaches are beginning to feel that sport specialization is needed for athletes to keep up with one another. Especially at the collegiate level where there is such a spot light on athletes they may feel driven to specialize in one sport to enhance their chances of getting a college scholarship. In youth sports, with the overabundance of competitive leagues children can play in year round coaches feel that if you specialize in one sport overtime you will more effectively refine your skills and master your craft through increased practice time in that sport. These are some great arguments that support the sport specialization agenda, but I feel that there are more disadvantages to sport specialization than there are advantages. Bottom line is that a young age no one is 100% positive on what their child is going to be good at when they get older. So it is important that in youth sports children diversify their experience and try many different sports. Some of the disadvantages involved in specialization include psychological burn out which we touched on in the previous section. In some cases, when an athlete specializes in one sport they miss the opportunity to play other sports which may cause them to miss the sport they are best at. So, I feel that at a young age when kids get involved in youth sports that they should try everything (Hill). For example, when I was 6 I attempted to play little league soccer and after the first week of practice I decided to retire because I felt that it just wasn’t the best sport for me. When parents emphasize specialization on their children the child could possibly miss the sport that they are fit to play (Adkins). One of the main problems associated with specialization in youth sport is that if the athlete is playing the same sport year round and using the same muscles throughout the year, those muscles are bound to break down (Masterson). This if one reason why I am a true believer in sport diversification. Athletes who diversify their experience in youth sport are regularly using different muscle groups and have a reduced risk of overuse injury. Sport diversification also does a lot of other positive things to help youth athletes (Masterson). Sport sampling, especially at a young age in youth sports provides them with a variety of options for later sport activity. They are using different skill variations that may transfer from sport to sport. There is a cushion against failure knowing that when one sport ends that another one will be starting up soon (Hill). All these factors of sport diversification are great ways in which children can stay active and fit, stay involved in youth sport, and not get burned out too quickly. Youth sports are definitely a huge force in America today. But, if were not careful the negative aspects that have been mentioned throughout this paper are going to not only drive kids out of playing sports all together, they are going to hurt high school and eventually college athletics. Sport specialization is a huge force behind youth sports burnout and by age 13 you’re seeing more and more kids drop out of youth sports all together. We need to diversify the experience children are having in youth sports and get them to play different sports year round. The trend of overzealous parents is an easy fix if we just sit down with them and clarify exactly what we are looking for at the beginning of the season and continue to stress sportsmanship. We know that there are going to be those parents that can’t be controlled but maybe if we use this method we will reduce the number of outburst and control the overzealous parent. Youth sport is and always was meant to be a fun experience for children to go out play a great game and have fun with their friends. Let’s get back to those days and rebuild our youth sports programs to the fun loving carefree atmosphere they once were. Works Cited Hill, Dr. Grant. â€Å"Sport Specialization: Causes and Concerns. † Utah Sport For Life | Utah Athletic Foundation. Web. 28 Nov. 2010. Adkins, Michael. â€Å"Youth Sports Issues. † EHow | How To Do Just About Everything! How To Videos amp; Articles. Web. 28 Nov. 2010.  http://www. ehow. com Masterson Ph. D, Gerald. â€Å"Problems in Youth Sports. † Family Resource. Web. 28 Nov. 2010.http://www. familyresource. com Emmons/ Mercury News, Mark. â€Å"Adults Hurting Youth Sports. † Ballistic United Soccer Club. Web. 28 Nov. 2010.http://www. busc. org Hedstrom, and Gould. â€Å"The Role of Parents in Childrens Sports. † College of Education – Michigan State University. Web. 28 Nov. 2010. http://www. educ. msu. edu How to cite Youth Sports, Papers

The Potential for Concurrent Liability

Question: Academics and judges have long debated the overlap between the law of contract and tort and the potential for concurrent liability. Explain? Answer: Contract is nothing but a form of agreement which is made among two or more parties and the agreement give rise to obligations which the parties must follow and are enforceable under the court of law (Andrews, 2011). Three basic elements are being included in the process to form a valid contract which can be enforceable under law. Offer: An offer is the term which is used when he parties are willing to get into a contract with the person in order to form a contract under some specific obligations (Anson, 1899). The parties should have the intention to get into a valid contract. A party who is willing to get into a contract is bound to express his willingness to another party with whom the offer is addressed. However, there must prevail an objective expression to intent by the offeror which must be included in the offer. The terms and conditions of the agreement must be included in the offer so that the parties may clear their obligation. In many cases, the third party is associated during the formation of the contract which may be used as a witness in future. As per English law, offer can be addressed to a specific individual, group or in some cases it can be n organisation also. An offer can be made either in oral form or in written form or may be in both the forms (Beale Tallon, 2002). In various cases it i s being observed that offer made by an oferee is confused with the invitation to treat. In cases of invitation of treat, party make offer in order to invite parties which is different from an offer. Thus, invitation to treat is treated as an advertisement (Elliott Quinn, 2007). This can be stated from the case study, Carlill v Carbolic Smoke Ball Company [1893] 2 QB 256 (Simpson, 1985). Acceptance: An acceptance is referred as the final expression of the party in terms of the offer. If the party t whom the offer is addressed agreed with the terms and conditions which are being implemented in the offer, then the party must accept the offer for getting into the contract which will be enforceable under the court of law (McKendrick, 2005). Thus, it is relevant that the party must agreed with the terms for accepting the offer. From various sources it is noticed that offer must be accepted by conduct. As per the law, acceptance has no legal effect unless and until there prevail no communication among the offeree and offeror. In many cases it is being also notice that the postal acceptance takes place whenever the letter of acceptance is being posted by the offeree (Stone, 2003). Consideration: every valid contract must include the term consideration. This is because according to English contract law, a value must be given against the promise and then only that can be enforceable in law. Consideration must be unconditionally in nature and under the contract law, partial consideration is not being considered therefore the contract cannot be referred as a valid contract (Mulcahy, 2008). Past consideration are not considered in a valid contract. Promise is liable to provide the consideration to the promisor. As per the law, if the promise is made by a party for providing a particular service to the party in lieu of a consideration, but the service is provided by some third party then the promise is not liable to pay to the promisor who did not provide the service (Turner, 2006). It is important for the parties to keep in mind that they have an intention to create and establish a valid contract among each other. A contract can be express or implied in nature depending upon the situation. When a party fails to act as per the obligations which are being implemented in the contract, then the party will be responsible for the breach of the contract. Breach of contract can also be happened by the party when the parties act something which differs from the actions which he should act as per the terms and condition of the contract. Incapacitating oneself is also a major factor which leads the party to breach the terms of the contract. In many situations it is being noticed that the party has breached the contract by selling goods to third party in order to earn more profit. Tort is considered to be a civil wrong. Situations where the law of contract is not applicable, and issues are separate from the terms of contract, the law of tort is implied. Tort is applicable in cases like personal injury, economic losses, harm etc (Brennan, 2011). However, it is also relevant that ruining reputation is also included in the law of tort. Claimants are entitles to receive compensation if the claimant able to provide proofs against the defendant in the court that a tort has been taken place. Various cases of law of tort is associated with the owners of the company and the employers and in this situation if the claimant succeed to prove a tort then they are liable to pay the compensation on their part (Faure, 2009). The defences of volenti is a term which is available for the defendant under the law of tort in places where the defendant wished to show that the plaintiff was also partly liable for the issue which has been arose. Cases where both defendant and the claim ant are both negligent on their part, then there are every chance that the claimant may lose that case. The case studies which are refereed for such situation are as follows: Morris v Murray, OReilly v National Rail and Tramway Appliances. In the case study of Nettleship v Wesrton, a driving instructor has committed an accident which caused injury and this had happened due to the negligence of his pupil. In this particular case study, Lord Denning M.R. stated that Knowledge of the risk of injury is not enough....Nothing will suffice short of an agreement to waive any claim for negligence. The Plaintiff must agree, expressly or impliedly, to waive any claim for any injury that may befall him due to the lack of reasonable care by the defendant: or, more accurately, due to the failure of the defendant to measure up to the standard of care that the law requires of him. (Bingham, 2010) In order to submit the proof for showing that the defendant is associated with action of .negligence, the plaintiff is liable to prove a number of things (Greene, 2012). The first and foremost thing which must be done by the plaintiff is to show the court that the defendant owed the duty of care. The concept of duty of care is being established from the famous case study of Donoghue v Stevenson. In this case study, the house of law has rejected the existing law related to liability of careless behaviour. Thus, the plaintiff have to show the court that the damages which the claimant has suffered was made foreseeable so that the court could find hat a duty of care is exist between the claimant and the defendant. The second thing that the plaintiff must prove is that the defendant has breached the duty of care which is owed by the plaintiff. Then the court will try to find out the standard of care that the defendant owed to the plaintiff (Wils, 2004). The standard of care is determined by the care which is associated with the profession of the individual (Priaulx, 2007). Thus, the balance is being done by the court regarding this standard and the risk factors which are being associated with the duty of care. The most important pat which the plaintiff has to produce in front of the court is that the defendant has breached the duty of care and for that reason the plaintiff has to suffer from damages (Samuel, 2010). Cases where the plaintiff succeed to satisfy the court regarding the damages made by the defendant and suffered by him but still he have to show the court that damages are too remote compare to the negligence of the defendant. Thus, according to the law of tort, he defendant is not liable to repay any kind of damages which he could reasonably have foreseen (Turner, 2011). Relationship is being noticed between law of tort and contract law. The breach of contract is mainly take place because of the breach of duty which must be performed by one of the partner in a contract. Both contract law and law of tort are considered under civil law. Contracts which are being established among the contractor and the client have the option where the law of tort can be raised easily. Though the contract between the contractor and the client is being overlapped still there prevail a duty of care on the part of the contractor. If the contractor have build a bridge ad that bridge was damaged after a year after the termination of contract, then in such situation the contractor will be liable for incurring the damages for the bridge. This is because the contractor should perform the duty of care towards the client. If the bridge got damage because of poor workmanship and material, then the contractor is liable to repay the damages or have to take action for the damage whic h is being incurred by the contractor because he has breached the duty of care though the contract is terminated. The principle which is associated with the action where multiple numbers of defendants will be liable for a particular damage is termed as concurrent liability (Ross, 1987). Therefore, in such situation, plaintiff has the option to act against the multiple numbers of defendants who are being liable for the damages. However, according to the law of UK, there prevail different types of concurrent liabilities which are as follows: Joint enterprise Vicarious liability Non-delegable duties Multiple torts causing the same damage The meaning of the concurrent liability explains the situation where the parties have a contractual as well as tortuous liability. Thus, in many situation t is been proved that liability can be held concurrently from both tort and contract. However, in the case study of Donoghue v Stevenson (1932), Lord Macmillan stated that The fact that there is a contractual relationship between the parties...does not exclude the co-existence of a right of action founded on negligence as between the same parties..... Various ways are prevailed which may rise to various liability and in cases where there lies a contractual relationship between the parties. However, it is relevant from the law of UK that the action which is associated with contractual liability is different from tortuous liability. Among them, concurrent liabilities have strive to take advantages from the rules and principle of torts. The legislation which are associated with common law are ambiguous in nature and therefore, in sit uation where there prevail concurrent liability i9n contract as well as tort, there is a high chances of getting problems because of the ambiguous nature of the legislation of the common law. Thus, the decision has been taken by the court that the liability is referred as the breach of duty which must be performed as per the law of tort and contract and thus it is considered as negligence in the relevant statute. Common law which is prevailed in UK is less consistent in nature. However, when the liabilities are raised from the breach of the contractual duty of care and there is no concurrent liability in tort, then the common law will not be applicable in such situation; rather it will become inconsistent in nature. When it comes to contract elated to construction, then the agreement includes various individual like: developer, agent, contractor, and also the sub-contractor. In this situation, breach of contract can happen in many ways (Burrows, 1995). The obligation which a party i s bound to perform as per the contract if fails to do so then they will be solely responsible for the breach of the contract. Three different ways can be involved which may rise to breach of contract are as follows: partial performance, defective performance and total non-performance. The basic remedies for the breach of contract are to repay the damages which are being made due to the action of the party directly or indirectly. From the case study of Esso v Mardon, it is derived that if the adviser act a negligent when he is under the contractual agreement with the victim, then the victim has the option to sue against the advisor under law of tort. In the case study, of Robinson-v- P E Jones Ltd, the issue of tortuous liability has run concurrently to contractual liability. In this particular case study, issue is related among the employee and the contractor since the time limit of contract is much shorter than the time limit prevailed in tort (Ranjan, et al., 2011). As per the law, liability in tort can be easily extended up to 3 years from the time when the breach of contract is identified. When the contract is being established with any architecture, engineers etc then the contract attracts a concurrent duty of care related to tort against the losses, damages of property or person and also economic losses related to repairs will all lodged against the engineer and the architecture. But it is also relevant from various cases, that the cost of repair will not be the liability of the parties who was associated in the contractual agreement. But their exclusions of liability found under the law. Cases which are related to buildin g contracts, the liability regarding the cost of repair of the building for a certain time period will be considered in the court. Therefore, it has been decided by the court that there will not be any distinction between the professional designer and contractor. Moreover, it is also being referred by the court of UK that the contractor can also be held liable for concurrent duty of care in contract along with in tort for the purpose of economic losses. It is also relevant from various sources that there prevail the term of warranty when it comes to the obligation of the contractor (Visser, 2005). This is because the obligation under which a contractor is bound to act is usually derived from implied or express term of the deed of warranty. As per the rule of the tort, a duty of care must also be implied on the contractor. It is normal that the contract is liable for the construction or designing action, but on the other hand he is also liable for constructing with negligence (O'Sullivan, 2011). However, the liability of the contractor also arises if the defects in the construction are made due to the poor workmanship or by the mixture of poor workmanship and negligence. Thus, the client has the option to sue against the contractor on the basis of the breach of contract and also on the duty of care which is being associated with the tort law. The duty of care is breached by the contractor either due to negligence or due to defective performance or from both and this rise to a liability which is held upon the contractor. Following are the possible reasons for which the contractor fails to meet his obligation which are being included in the contract are as follows: The contractor is liable to carry out his task properly with proper care. However, according to law, the material, goods and workmanship is the responsibility of the contractor and therefore he is bound to put proper effort towards the work (Dowlatshahi, 2001). If any kind of breach of the obligation is held by the contractor, then the contractor have to take liability to incur the cost for recovering the damages done because of him. However, if the client engages other people for getting the job done then also the cost must be barred by the contractor. Any kind of economic losses if incurred by the client that will also be the liability of the contractor as per the law as the contractor have to act as per the duty of care. The court made it pass that just if there is an assumption of obligation in connection to any contract, can a case be made in tort for immaculate economic misfortune (Gendel, 1931). Dissimilar to expert contracts, for example, an engineer's or engineer's arrangeme nt, where there is typically such an assumption of obligation, there will for the most part be no such assumption of obligation in a conventional building contract. The court is not arranged to force a co-broad obligation in tort, just to offer a disenthralled buyer a cure it would not generally have had under its building contract. The court was making careful effort to make it pass that the law of contract is the essential law that represents a relationship in the middle of builder and customer. Besides the standard of 'opportunity of contract' is cherished in our law and ought to be maintained. Hence, if parties openly decide to assign hazard between them by going into a contract, the law of tort ought to be ease back to misshape that position and a case for economic misfortune in tort won't be conceivable (Kramer, 2010). On the off chance that the gatherings decide to bar claims for economic misfortune, for example, the expense of repairs under the terms of their contract, then even where UCTA is pertinent, it is the contract that is the essential determinant of each party's obligations and cures and the prohibition will more often than not be upheld. Reference Andrews, N. (2011) Contract law. Cambridge, Cambridge University Press. Anson, W. (1899) Principles of the English law of contract and of agency in its relation to contract. Oxford, Clarendon Press. Beale, H. Tallon, D. (2002) Contract law. Oxford [England], Hart Pub. Elliott, C. Quinn, F. (2007) Contract law. Harlow, Pearson Longman. McKendrick, E. (2005) Contract law. Basingstoke, Palgrave Macmillan. Simpson, A. (1985) Quackery and Contract Law: The Case of the Carbolic Smoke Ball. J LEGAL STUD. [Online] 14 (2), 345. Available from: doi:10.1086/467776. Stone, R. (2003) Contract law. London, Cavendish. Turner, C. (2006) Contract law. London, Hodder Arnold. Bingham, L. (2010) The Uses of Tort. Journal of European Tort Law. [Online] 1 (1), 3-15. Available from: doi:10.1515/jetl.2010.3. Brennan, C. (2011) Tort law. Oxford, Oxford University Press. Faure, M. (2009) Tort law and economics. Cheltenham, UK, Edward Elgar. Greene, B. (2012) Tort law. London, Hodder Education. Mulcahy, L. (2008) Contract law in perspective. London, Routledge-Cavendish. Priaulx, N. (2007) The harm paradox. Milton Park, Abingdon, Oxon, UK, Routledge-Cavendish. Samuel, G. (2010) Law of obligations. Cheltenham, UK, Edward Elgar. Turner, C. (2011) Tort law. London, Hodder Education. Burrows, A. (1995) Solving the Problem of Concurrent Liability. Current Legal Problems. [Online] 48 (Part 2), 103-124. Available from: doi:10.1093/clp/48.part_2.103. Dowlatshahi, S. (2001) The role of product safety and liability in concurrent engineering. Computers Industrial Engineering. [Online] 41 (2), 187-209. Available from: doi:10.1016/s0360-8352(01)00054-7. Gendel, M. (1931) Torts: Concurrent but Independent Wrongdoers: Joint Liability for Entire Damages. California Law Review. [Online] 19 (6), 630. Available from: doi:10.2307/3475668. Kramer, A. (2010) Contract law. Oxford, Hart. O'Sullivan, J. (2011) BUILDING CONTRACTS IS THERE CONCURRENT LIABILITY IN TORT?. The Cambridge Law Journal. [Online] 70 (02), 291-294. Available from: doi:10.1017/s0008197311000407. Ranjan, S., Batar, S. Vadakkeveedu, S. (2011) Role of Intention in Fixation of Tortuous Liability. SSRN Journal. [Online] Available from: doi:10.2139/ssrn.1823483. Ross, M. (1987) Concurrent liability in tort and contract. Structural Survey. [Online] 5 (3), 288-299. Available from: doi:10.1108/eb006260. Visser, M. (2005) The concept of concurrent liability and its relationship with the principle of effectiveness. Wils, W. (2004) Concurrent liability of the Community and a Member State. Yule, D. (1977) Concurrent liability in contract and tort. Vancouver, Continuing Legal Education Society of British Columbia.

Hot Fuss by The Killers free essay sample

Every great album has its own unique elements that separate it from all the others. In this case, Hot Fuss molded the path to a 4 1/2-star rating on iTunes through a murder trilogy, a song about wanting to do something unforgettable, and several tracks about love with aspects to them that you wont find anywhere else. Formed in Las Vegas, Nevada in 2001 by Brandon Flowers (the lead vocalist), The Killers made their ultimate breakthrough with Hot Fuss, their debut album, in 2004. Songs like Mr. Brightside, Smile Like You Mean It, Somebody Told Me, and All These Things That Ive Done gave the album a catchy feel and all ranked in the Top 10 in both the UK and US. So, did the other songs deserve the same attention? Jenny Was a Friend of Mine | The Killers made their murder trilogy tricky, but understandable to those with open ears. The first track is actually the last part of the triumvirate, the first part being Leave The Bourbon on the Shelf (part of their third album, Sawdust) and the second part being one of the later songs in Hot Fuss, Midnight Show. We will write a custom essay sample on Hot Fuss by The Killers or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Jenny Was a Friend of Mine has one of the more literal set of lyrics, discussing how the narrator kills his friend (Jenny) and is going in for frequent questioning. The classic rock vibe mashes excellently with the panicked tone of Flowerss voice, which leads to more signs pointing in the direction of the narrator being guilty. As it is known in The Killers songs, the lyrics in the second verse can unexpectedly alter thus, making the song all the more fascinating. The backstory is revealed in the first two parts, but Jenny Was a Friend of Mine ties up as many loose ends as it can whilst still leaving the outcome vague and pleasantly mysterious. 2. Mr. Brightside | The logical question here would be, Who doesnt know this song? Upon listening to this song on the radio, I instantly fell in love and wanted to look into the band. A week later, I bought the whole album. Nine years after the album was released, and the local radio station is still playing this song? Yes, this song did deserve all the attention it got. The chorus encompasses the overall meaning of the song the narrator finds out his girlfriend is cheating on him (Shes touching his chest, now/he takes off her dress, now), or at least a friend that is with another guy. But, in this case, he doesnt murder her. While the song holds just as much significance as the others, its clear that its known more for its popular lyrics than its simplistic meaning. The perfect use of synthesizers combined with the stuck-in-your-head tune made this the catchiest song on the album for many fans, and rightfully so. 3. Smile Like You Mean It | The intended meaning of this track seals the deal as one of my favorite songs on Hot Fuss. For those wanting to listen to a reflective song about childhood and fast-forwarding into the future, but not having that too-frequently-used, depressing ambience of looking back at the past, Smile Like You Mean It is the perfect fit. Its not even the least bit surprising that this made the top charts in two countries. As Billboard stated, the song seems to deal with coming to terms with growing up and getting older. Each verse, backed by the impressive guitar chords, consists of memories that the narrator had through childhood and adolescence, and the thought-provoking fact about how its vital to think through your decisions and make the best choices you can before its too late. It doesnt sugarcoat reality, but it Smile Like You Mean It still provides the most optimistic outlook on life while simultaneously being realistic. 4. Somebody Told Me | Even though the song has been praised to and fro by critics across the globe, even the biggest fan of The Killers has to admit that its main line is odd. Somebody told me that you had a boyfriend/who looked like a girlfriend that I had in February of last year. For several days of listening to this particular song over and over again, I wondered if it was as unusual as it seemed, so I contemplated alternate meanings that I may have been missing. It turns out, however, that I was over-thinking it. Brandon Flowers is as literal as can be when he talks about an ex-girlfriend that possibly swapped genders. The verses build up to an even bigger picture that ends up being a guy (the narrator) chasing a girl that wont pay any attention to him, and then finding out that little secret. Its obvious that Flowers pours emotion into all his songs, but in Somebody Told Me, it pertains to the order of lyrics, which makes the storyline all the more realistic. In the opening ve rse, Breaking my back just to know your name/seventeen tracks and Ive had it with this game, you can clearly tell, just by the tone of his voice, that the narrator is sick and tired of chasing this girl that seems to not want to be found. Then, in the chorus, he becomes frantic because he wants to know the truth behind the rumor. Not to mention the exceptional use of the synthesizers and guitar, of course. This song is a rock masterpiece, and I applaud The Killers for this stunning track. 5. All These Things That Ive Done | If I had absolutely had to pick one favorite, this would be it. Now, if a song is over five minutes, some of them have a tendency to just be too long. Nobody wants to have that song that theyre inclined to skip over because of the extreme and unnecessarily longevity of it. And then there are those that are very catchy, use every minute to its advantage, and is still loved by thousands of people. All These Things That Ive Done executes that perfectly. Though the meaning is momentous, its also quite basic and very relatable. There are many people who want to do something memorable this songs example is being a soldier, but you can interpret that any way you choose: a soldier could be someone who does something memorable, or it could only be someone in the army. (Yes, theres a difference.) My favorite line, Ive got soul, but Im not a soldier, is the line I would use to represent this song. The narrator feels like he and many others have the potentia l to do something big, but just dont know how to get there, and Im sure weve all felt that way to some extent. Listening to this song sends chills through my spine and Im certain its done the same to others. 6. Andy, Youre a Star | It may surprise some of you, but not all songs with names in the title necessarily mean theyre about love. Brandon Flowers confirmed that the sixth track on Hot Fuss is not about him complimenting a girl, but reassuring a boy. The meaning of this song is so valuable, and provides so much insight into the hellhole that high school can be and one example of that. Andy is one of the top athletes of his school, and has noteworthy skills; but his 10 minutes of fame takes a turn for the worse, because that 10 minutes couldve transformed into something so much bigger. Andy sacrifices this by doing drugs, wasting his time by having sexual interactions with a girl (In a car with a girl/promise me shes not your world), and not concentrating on things of vitality. The people that are glorified for their athletic abilities take that recognition for granted, and the narrator wants Andy to know that he could make it big if he halted these dumb and costly actions. The song is short, simple but I believe that its inspirational. Its not degrading those who are popular, but lifting up the ones who deserve it. The bold bass chords blend remarkably with Flowerss serious tone, making it another favorite of mine on the album. 7. On Top | The interpretations for this particular song have varied, but from what Ive concluded (after a bit of research, I might add), this song is about a mans sexual intercourse with a girl. The first line, Remember Rio, and get down obviously has to do with the hotel/casino in Las Vegas (where the band formed). The narrator has been waiting all night to find a girl he wants to have sex with, and then finds that one girl who seems to be shy and hesitant. From that point on, people seem to interpret the song differently, but I acquired some information about Rio and found out that it has roof access. The title of the song seems to refer to the narrator and the girl he had sexual interactions with going on top of the building. It could be a stretch, but its a theory in progress. Even though On Top isnt one of my favorites of the album, it is, nevertheless, very catchy, and its a nice refresher from the common songs that, unlike this one, dont get down to the nitty-gritty. 8. Change Your Mind | This is definitely one of the more basic songs on the album, but it doesnt lack the the classic rock semblance that all the other songs carry. Sure, its a little slow and not nearly as energetic as, say, Midnight Show, but adding this one track even made it more apparent that the songs dont blend together at all. The lyrics are practically transparent: the narrator is telling how he was in love with a girl, how they tried to make their relationship work, and how it failed. Now, hes burdened by these constant feelings that sneak up on him about how he still feels something for the girl. The result isnt insinuated; the song just discusses the problem itself, which I love. Many beautiful songs tell a thorough story, but this one sticks solely to the predicament, which is uncomplicated yet soothing to listen to. 9. Believe Me Natalie | After talking to many people who have a mutual interest in The Killers (and, more specifically, Hot Fuss), about half those people talked nonstop about Believe Me Natalie. Several of them said that not only was this track their favorite of the album, but their favorite song of all time, which was incentive enough for me to go listen to it. Although I couldnt say that its my favorite of the album, you cant fully understand Hot Fuss without listening to Believe Me Natalie. Its beautiful in its entirety; it consists of The Killers signature rock theme, but has a complex, underlying meaning of the song that leaves fans puzzled at the first listen. Despite the fact that what the narrator is trying to convey seems quite obvious, you end up second-guessing yourself. The compilation of lyrics doesnt just talk about Natalies bucket list or that she should literally dance to disco. Just like in On Top, interpretations start to differentiate from here, so take it as you will: it could be about love, about a girl not daring enough to do the things shed always wanted to do, etc. Its undeniable, though, that Hot Fuss wouldnt be the same without this in-depth and solemn yet gracious song. 10. Midnight Show | The second part of the murder trilogy is my favorite for numerous reasons. The music alone is unpredictable and powerful, but when accompanied by the lyrics, it unites several of the missing pieces of the murder trilogy and then, followed by Jenny Was a Friend of Mine, which completes the sequence. Midnight Show trails the physical events of the murder itself (She turned her face to speak/but no one her cry), but avoids the gruesome details by the flawless use of metaphors. As screwed-up as this trilogy may be to some, Flowers went down a new road that I havent seen before and took his chances. This trilogy is a legitimate example of how, as an artist, you have to learn how to take risks. Taking on a task like this was bold and showed their matur ity, which I loved. Midnight Show is an exciting, thrilling track that provides a one-sided but riveting experience that will change your perspective of The Killers. 11. Everything Will Be Alright This last song formally completes the album with no disappointment. Even as the slowest and longest song on the album (almost 6 minutes long), it doesnt cease to impress. Barely anything is used literally, but thats the beauty of it: uncovering what the song truly means. After some thought and consideration (and research, of course), I finally understood: the narrator has been searching for the one, and when hes given up hope, he meets this girl who seems perfect. The catch? Shes already in a relationship. At least, thats what I got out of it and even though its cliche, I certainly dont expect every song to be out-of-the-box thinking. The Killers make up for that by the alluring use of the synthesizers, and that beat we know all too well that lies within every song of theirs. It may not be the most enthralling track on the album, but it closes the album with a replenished and finished feeling.

Young Goodman Brown Quotes

Young Goodman Brown Quotes Young Goodman Brown is a short story by Nathaniel Hawthorne (author of The Scarlet Letter) that centers around a young Puritan in New England and his deal with the Devil. Young Goodman Brown is famous for being a representation of American Romantic literature and is often studied in American literature classrooms as an important short work involving the Puritans and other essential themes. Read the story and check out some of the most iconic quotes from the story, then compare Young Goodman Brown with another famous American story about a mans Faustian deal with the Devil, The Devil and Tom Walker by Washington Irving. Quotes Prithee put off your journey until sunrise and sleep in your own bed to-night. A lone woman is troubled with such dreams and such thoughts that shes afeard of herself sometimes. Pray tarry with me this night, dear husband, of all nights in the year. The traveler knows not who may be concealed by the innumerable trunks and the thick boughs overhead; so that with lonely footsteps he may yet be passing through an unseen multitude. On he flew among the black pines, brandishing his staff with frenzied gestures, now giving vent to an inspiration of horrid blasphemy, and now shouting forth such laughter as set all the echoes of the forest laughing like demons around him. The fiend in his own shape is less hideous than when he rages in the breast of man. The young man sat a few moments by the roadside, applauding himself greatly, and thinking with how clear a conscience he should meet the minister in his morning walk, nor shrink from the eye of good old Deacon Gookin. With this excellent resolve for the future, goodman Brown felt himself justified in making more haste on his present evil purpose. He beheld the figure of a man, in grave and decent attire. But, irreverently consorting with these grave, reputable, and pious people, these elders of the church, these chaste dames and dewy virgins, there were men of dissolute lives and women of spotted fame, wretches given over to all mean and filthy vice, and suspected even of horrid crimes. It was strange to see that the good shrank not from the wicked, nor were the sinners abashed by the saints. By the sympathy of your human hearts for sin ye shall scent out all the places-whether in church, bedchamber, street, field, or forest-where crime has been committed, and shall exult to behold the whole earth one stain of guilt, one mighty blood spot. The fiend in his own shape is less hideous than when he rages in the breast of man. Now are ye undeceived. Evil is the nature of mankind. Evil must be your only happiness. Welcome again, my children, to the communion of your race.

Project Management Theory Essay Example | Topics and Well Written Essays - 1500 words

Project Management Theory - Essay Example People that studied specific professions such as law, accounting, medical would not fit the profile of union member and there weren’t any unions for these types of workers. In order to meet the social and professional needs of this segment of the workforce professional associations were created to serve them. The project management profession is no exception. The Project Management Institute (PMI) is the organization that serves project managers across the world. The Project Management Institute was created in 1969. The organization has taken been very innovative and its overall reach and has been able to effectively expose the profession worldwide. The Institute has a membership of over 200,000 people from over 125 different countries (Pmi, 2007). Project management is a profession that attracts people from different specialization since within virtually every industry there are always projects that need guidance for successful completion. The PMI realized the needs of professionals from different industries and their assistance is guided towards helping profession in the financial services, aerospace, automobile, pharmaceutical, healthcare, construction, engineering, information technology, business management among many others. The institution has done a great job creating professional standards, conducting research and promoting the profession through certifications, networking and community involvement opportunities (Pmi, 2007). The project management institute has accomplished great social initiatives throughout the community including outreach programs in developing nation such as Brazil. In Sao Paolo, Brazil the local PMI chapter developed a pilot program which offered project management classes to teenagers from low income families. The classes were designed to expose students to the basic principles of project management and to teach them how these principles can be applied to improve their everyday