History and Development of Equity Essay

It is important to appreciate, especially when reading older cases on the law oftrusts, that there were, until 1873 in England, two main separate courts – courts of lawand courts of equity. Trust law was a product of courts of equity. We will thus look at:(i)the meaning of â€Å"equity† that is associated with courts of equity;(ii)the origins of courts of equity; (iii) the development of the law of uses and trusts; (iv) the transfer of equity jurisdiction to Canada; (v) the current status of the fusion of law and equity. II. Objective: Be able to describe four different meanings that might be associated with â€Å"equity† andthe definition of â€Å"equity† that is important for our purposes. The word â€Å"equity† has several different meanings. Let’s examine some of thosemeanings and then focus on the meaning that is important to us in understanding the lawof trusts. A. Equity as â€Å"Fairness† One meaning of the word â€Å"equity† is â€Å"fairness† or â€Å"justice†. This is oftenreflected in expressions such as â€Å"employment equity†, â€Å"pay equity† or â€Å"distributionalequity†. People speak in terms of what is â€Å"fair† or â€Å"just† but there is often considerabledisagreement as to what is fair or just. This concept of â€Å"equity† is not the concept ofâ€Å"equity† that we mean when we speak of what courts of equity did. B. Equity as Net Worth The word â€Å"equity† is also used to mean net worth. That is, the amount one retainsafter creditors have been paid. For instance, shares in a corporation are often describedas â€Å"equity investments†. The shareholders are entitled to what is left over after thecreditors are paid off. Similarly, people speak of having â€Å"equity† in their house. Forexample, a person might buy a $400,000 house by making a $100,000 downpayment andborrowing the remaining $300,000 to pay the rest giving the lender a security interest (orcollateral) in the house by way of a mortgage. The $100,000 would be that person’sequity in the house. If the person were able to pay off $50,000 on the loan then theperson’s equity in the house would rise to $150,000 (i. e. the value the person would have 2 invested in the house net of paying the lender (or creditor)). The person’s equity in thehouse would, of course, vary with the market value of the house. This use of the word â€Å"equity† has its origins in a creation of courts of equity. Courts of equity developed the concept of the equity of redemption. To borrow money aborrower often had to provide some form of security interest (or collateral). A commonmethod of doing this was to convey the legal title to the lender until the debt was paid. The agreement under which the loan was made required the lender to reconvey theproperty to the borrower if the debt was paid by a specified date. If the borrower failed topay by that date the lender could keep the legal title to the property. Often lenders wouldretain the property even though the borrower was just a day late in paying. Courts ofequity addressed this by allowing the borrower to pay in a reasonable period of time,often allowing the borrower as much as several years to complete payment on the debt. This was known as the equity of redemption – the right of the borrower to pay off thedebt and get the property back (and thus the value of the borrower’s interest (or equity ofredemption) was the value of the property less the amount of the unpaid debt. While the equity of redemption was a product of the courts of equity it is still notthe concept, or definition, of equity that we are looking for. C. Equity as a Corrective to Law Legal rules can work injustices in situations that weren’t anticipated when the rulewas created. All legal systems need some mechanism to address this problem. In civillaw systems it is usually a combination of broadly drafted code provisions and liberalinterpretation together with a concept of non-binding precedent. In England courts ofequity arguably had their origins in the performance of this corrective to law function. But as courts of equity developed they developed their own rules that were often rigidlyinterpreted and thus arguably came to no longer perform this corrective function. D. Mere Equities There are also what are referred to as â€Å"mere equities†. These are defences to legalactions that were created by courts of equity. Consider, for instance, the defence of setoff in the context of an assignment. In the 17 th century courts of equity developed the concept of assignment. Suppose, for example, A owed B $10,000. B could assign to Cthat right to receive $10,000 from A. But suppose that B owed A $3,000 in a separatetransaction. If B had claimed the $10,000 from A, A could have set the right to receive$3,000 from off against B’s claim for $10,000 (i. e. allowing A to just pay $7,000). C wassaid to take â€Å"subject to the equities† when B assigned to C the right to receive $10,000from A. That allowed A to assert the right of set off against C thus allowing A to just payC $7,000. C would have to seek the other $3,000 from B. Other â€Å"mere equities† that Ctook subject to would include claims that A might have as defences to B’s claim. Forinstance, A might have claimed against B that the debt arose due to duress, mistake,misrepresentation or fraud. A could also assert these defences against C. In other words, 3 C took subject to the equities of the situation between A and B. These defences of Awere so-called â€Å"mere equities†. E. Maitland’s Definition of Equity The meaning of equity that is relevant for our purposes is the meaning thatMaitland gave: â€Å"Equity is now that body of rules administered by our †¦ courts of justice which,were it not for the operation of the Judicature Acts, would be administered onlyby those courts which would now be known as Courts of Equity. † Equity came to be a body of rules. Here is a simple story that perhaps roughlycaptures how this came about. Spouses A and B have two children, X and Y. Oneevening X goes to spouse A and asks to stay up beyond the specified bedtime of 8:00p. m. X argues that there are special circumstances that particular night in favour of beingable to stay up beyond the normal bedtime. A says no. The rule, according to A, is thatbedtime is 8:00 p. m. – no exceptions. X goes to spouse B, the established ultimateauthority in the house, and makes the argument in favour of extending bedtime to 8:30p. . on the particular evening. Spouse B thinks the arguments in favour of extending thebedtime are fair and allows X to stay up until 8:30 p. m. The next night child Y goes tospouse A to ask for an extension of bedtime beyond the normal bedtime of 8:00 p. m. Spouse A sticks to the rule of 8:00 p. m. so Y goes to spouse B. Y makes arguments infavour of extend bedtime on this particular night to 9:00 p. m. The perceptive spouse B(whose pe rception greatly shortens the story) sees the potential for things to unravelthrough a series of claims for exceptions. Spouse B realizes that some restrictions, orrules, will be needed on just when the decisions of spouse A will be interfered with. Spouse A in the story is, of course, intended to be somewhat analogous to a court of lawwhile spouse B represents a court of equity. While spouse B, or a court of equity, mightbegin with the simple notion of doing what is â€Å"fair,† or providing a â€Å"corrective† to thelaw, eventually some rules are created as to when a â€Å"corrective† order will be provided. TheChancellor would draft new writs for actions in the common law courts but by 1350 thecommon law courts had begun refusing new writs on the basis that they were not inconformity with the law. This led to more substantive bases for complaints wherelitigants felt they could not get justice in the common law courts. It was in the context ofthese complaints that the Chancellor began performing equity in the sense of a correctivejustice. For example, courts of law at the time took written documentation of a debt asirrefutable evidence that the debt was owed. Normally when the debt was paid thewritten document would be cancelled. Sometimes, however, the document was notcancelled and the lender would claim again on the debt. Because the written documentwas irrefutable evidence of the debt, the debtor could not prove by other means that thedebt had been paid. The debtor could then file a bill with the Chancellor and provideother evidence that the debt had been paid. The lender would then be called upon toanswer a series of questions posed by the Chancellor. If the defendant (the lender) couldnot provide satisfactory answers the Chancellor would make an order telling thedefendant not to enforce the judgment received from the common law court. This cameto be known as a â€Å"common injunction. † 5 3. Equity Follows the Law and Acts in Personam Here one can see a couple of important things about equity. First, equity followsthe law. The Chancellor did not say the common law rule that written evidence of thedebt was irrefutable. That rule remained. Thus equity took the common law as given andsimply acted in response to decisions of the common law courts. This is sometimesreferred to as the rule that equity follows the law. Second, equity acts in personam. Theorder of the Chancellor did not create a legal right or a property right. If the Chancellorfound in favour of the plaintiff the Chancellor would make an order against thedefendant. 4. From Ecclesiastic Chancellors to Non-ecclesiastic Chancellors Until the early 16 th century chancellors were bishops, archbishops or even cardinals. They were thus usually trained in Roman law and canon law (perhaps lendingsome weight to the notion that the law of trusts may have had its origins in Roman lawand canon law concepts). After the early 16 th century chancellors were seldom ecclesiastics. By the mid 15 th century (around 1430) a court of chancery was set up at Westminster. B. Development of the Law of Uses and Trusts Objectives: 1. Note the early form of the â€Å"use. † 2. Identify and explain three ways in which the â€Å"use† was employed in its earlydevelopment. 3. Note the non-recognition of the use and one of the benefits of its non-recognition. 4. Briefly discuss the recognition of the use. 5. Discuss the reasons for the Statute of Uses and its effect. 6. Note two word formulas that were used in an attempt to avoid the Statute of Uses andthe eventual recognition of these formulas. 7. Explain the reason for the enactment of the Statute of Wills. . â€Å"Uses† – Franciscan Friars, Crusades and the Form of the â€Å"Use† Uses and trusts was an area in which the Chancellor began developing a body ofsubstantive law. As noted earlier, early forms of trusts may have included the concept ofthe use employed by donors to Franciscan friars or by owners of estates leaving on thecrusades. These early forms of t rusts were expressed as conveyances to the use ofanother. In other words, X would convey property â€Å"to A to the use of B† (â€Å"use† derivingfrom the Latin term opus, ad opus meaning â€Å"on behalf of†). In addition to the possible 6 early employment of uses by Franciscan friars or in relation to the crusades, people cameto realize a number of other ways of employing â€Å"uses† to their advantage. 2. Other Ways in Which the Use was Employed a. To Avoid the Feudal Burdens of Wardship and Marriage For instance, the use could be employed to avoid the feudal burdens of wardshipand marriage. The male heir of a tenant under the age of 21 and the female heir of atenant under the age of 16 became the ward of the Lord if the tenant died. The Lord tookthe profits of the land until the child reached the age of 21 (or 16 in the case of a female)and had the right to determine the marriage of the child. This could be avoided byputting the land in the hands of one’s friends, say A, B and C, for one’s own use (i. e. Xconveys to A, B and C for the use of X). This way if X died the feudal burdens ofwardship and marriage did not apply to X’s children since X did not â€Å"own† the land (i. e. was not the legally recognized tenant). A, B and C were the legally recognized tenantsand it was they who owed the feudal burdens. If A died, however, A’s children did notbecome wards of the Lord because the rights in the land passed to B and C by right ofsurvivorship. b. To Avoid the Feudal Requirement of Forfeiture for Treason or Escheat for Felony Feudal land law required that the rights to land be forfeit for treason or wouldescheat to the Lord if the tenant commited a felony. This could be avoided by theemployment of the use since once X conveyed the property to others for the use of X, Xwould no longer be the legal owner (or tenant). Thus commition of treason or a felonycould not result in forfeiture or escheat since X had no property to forfeit. X, however, could still enjoy the profits or use of the land by virtue of the device of the use. c. To Avoid Creditors The use also allowed one to avoid creditors. X would convey to A, B and C to theuse of X. If creditors sought to claim the rights to the land as an asset of X, X’s simpleanswer was that the rights to the land did not belong to X. This was facilitated in theearly days not only by courts of aw not recognizing the use but by the fact thatChancellor also did not, in those early days, recognize the use. Thus X had no legal titlethat the creditors could seize and also had no equitable title that the creditors could claim. d. To Effect Testamentary Dispositions of Land Courts of law held early on that one could not, on one’s death, make a gift of landby testamentary disposition. This was avoided by conveying the property during one’slife to another for the use of oneself and then, on death, to the use of those to whom onewished to make a gift. In other words, X would convey the property to A for the use of Xduring X’s life and then to the use of Y. 7 3. Non-recognition in Courts of Law or byt the Chancellor The use was not recognized in courts of law. Initially it was also not recognizedby the Chancellor. Thus there was no legal mechanism for enforcing uses. It was largelya matter of honour and one had to rely on other mechanisms of enforcement rather thanan order for damages from a court of law. On the other hand, it was the non-recognitionof the use in courts of law that gave it some of its advantages. For instance, theavoidance of creditors or feudal burdens depended on the law not recognizing the cestuique use as having any right or title to property enforceable in a court of law (or even anequitable interest recognized in the Court of Equity). 4. Subsequent Recognition by Chancellor This reluctance of courts of law to enforce uses led to appeals to the King toenforce the use. Appeals to the King were made on the basis that the King was theresidual source of justice. The King could provide justice where the courts wereunwilling to (or unable to because the complaint did not fall within the recognized formsof action). Initially the Chancellor did not recognize the use but, with an increasingnumber of complaints against faithless trustees, the Chancellor began to recognize usesby about the beginning of the 15th century (in 1420). The Chancellor would make anorder against the feoffee to uses (trustee) to comply with the obligations they had agreedto in favour of the cestui que use (beneficiary). For example, if A conveyed land to B forthe use of C but B retained the profits of the land to himself C could complain to theChancellor. The Chancellor would call upon B to explain why he had kept the profitsand if he had no good explanation then he would be ordered to restore the profits to C(i. e. , what we would now call the remedy of â€Å"accounting†). The right of the cestui queuse was against the feoffee to uses and thus a personal (or in personam right) but later itwas held that these beneficial rights could be enforced against third parties other than abona fide purchaser without notice and thus the right of the beneficiary came to lookmore like a proprietary (or in rem) right. 5. Later Statute of Uses to Prevent â€Å"Uses† The recognition of the use by the Chancellor led to an increased employment ofthe use. The employment of the use to avoid feudal burdens led to a reduction in thefeudal rights to Lords, most notably to the ultimate Lord, the King. There was also theconcern that rights created through the use could be created without writtendocumentation (i. e. , orally or by an oral direction to the foeffee to uses). The King’sresponse was to urge Parliament to pass the Statute of Uses in 1535. This statuteprovided that the person in whose favour the use was made became the legal owner of therights to the land. In other words, prior to the Statute of Uses when X conveyed to A for the use ofB, A was the legal owner of the land but it was to be used for the benefit of B. After theStatute of Uses when X conveyed to A for the use of B the conveyance to A was ignored 8 and the whole expression was treated as a conveyance directly to B. Thus B became thelegal owner. So let’s go back to the employment of the use by X to avoid the feudal burdens ofwardship and marriage. X conveys to A, B and C for the use of X. This conveyance onlyoperated to convey property from X to himself and thus was no conveyance at all. Inother words, X could no longer avoid feudal burdens by the employment of the use. Xstill had the legal title to the land in spite of the purported conveyance. 6. Ways Around the Statute of Uses As suggested above, the use had a number of advantages. Not surprisinglyattempts were made to recapture its benefits despite the Statute of Uses. It was not longbefore creative ways were found to avoid the effect of the statute. Of the techniques ofavoiding the Statute of Uses perhaps the most important was the employment of a useupon a use. The use upon a use was effected by conveying â€Å"A to B for the use of C in trust forD† or â€Å"A unto and to the use of B in trust for C†. In the first wording the Statute of Usesoperated to make C the legal owner of the land. But C held the land in trust for D. Courts of law did not recognize the second use (or trust) since it was repugnant to the usegranted to C [Tyrrel’s case (1557), 73 E. R. 336]. Initially Courts of Chancery alsorefused to recognize the second use. Courts of Chancery, however,later came torecognize the second use [in Sambach v. Dalston (1634), 21 E. R. 164]. The effect of this was that the use was restored to its pre Statute of Uses statesimply by the addition of a few words in the form of conveyance. 7. The Statute of Wills One of the advantages of the use was to effect a testamentary disposition of rightsin land. With the enactment of the Statute of Uses, and before the recognition of the useupon a use, the use could no longer be employed to effect a testamentary disposition ofproperty. The apparent abolition of the testamentary employment of the use was not wellreceived. It led to a rebellion which resulted in the Statute of Wills in 1540 whichpermitted a person make a testamentary disposition of property. 9 C. Development of Equity and Trusts After 1550: From â€Å"Conscience† toâ€Å"Equity† Objective: Briefly describe the development of Equity and trusts from 1550 to 1700. 1. Growing Popularity of Courts of Equity and Conflict with Courts of Law The early simplicity of procedure in Chancery courts made them popular. Thenumber of matters brought before the court of chancery in the 16 th century grew significantly. This led to competition between Chancery and common law courts. Judges in common law courts did not like the common injunctions issued by Chancerycourts. In Finch v. Throgmorton in 1598 [3 Bulstr. 118] the validity of commoninjunctions was referred to all the judges of England and were pronounced by them to beinvalid. Lord Chancellor Ellesmere continued to issue common injunctions. Lord Coke,who became chief justice of the Court of King’s Bench in 1613, criticized commoninjunctions claiming that the tendency of courts of equity to re-examine common lawjudgments and to issue orders against the enforcement of common law judgments tendedto subvert the common law. In Heath v. Ridley in 1614 [2 Cro. 335] Lord Coke broughtthe issue to a head when he refused to accept a common injunction issued by LordEllesmere. The King ruled in favour of Lord Ellesmere and Lord Coke was laterdismissed from office. 2. Courts of Equity Survive the Civil War and Removal of the Monarchy After the English Civil War in the 1640s and 1650s Parliament voted in favour ofthe abolition of the court of chancery (in part because of its close association with themonarchy) but the House could not agree on legislation to transfer chancery jurisdictionto the common law courts. Thus the court of chancery survived through to the restorationof the monarchy. 3. Seventeenth Century Developments – Equity as a Body of Substantive Law By the late 17th century the role of Chancery was expanding with control overwardship and the development of fiduciary guardianship, the equity of redemption, andassignment of choses in action. In other words, the court of chancery was developing itsown substantive law. The court was applying â€Å"equity† as a body of substantive law ithad developed and was less the court of â€Å"conscience† it had been in the past. Many developments in equity came to be reflected in the â€Å"common law† itself oftenthrough legislation (e. g. Statute of Wills), but sometimes by common law courtsborrowing concepts from equity. The development of reporting of Chancery decisionsafter 1660 contributed to the development of a body of principles of equity. By the endof the 17th century the court of chancery had developed concepts such as the equity ofredemption and the assignment of choses in action. 10 The way the trust was being used was also changing. By the late 17th century thetrust was being used not just to hold property but to manage property by giving trusteeswide powers to manage the property, improve it, mortgage land, pay off debts, provideincome for widows and dependants, educate children, etc. D. Equity and Trusts, 1700-1900: Disaffection, Reform and FusionObjective: Briefly describe the development of Equity and trusts from 1700 to 1900. There were developments of equity in the 18th century. Equity was the mainsource of protection of copyrights and trademarks since these could be protected throughthe equitable remedy of injunction. Equity† was becoming more and more a body ofsubstantive law rather than just a collection of equitable maxims. The 18 th century also saw the development of of the business trust in part inresponse to the Bubble Act of 1720 that had prohibited an early precursor to thecorporation referred to as a joint stock company (which was really a large partnership). Trusts in the 18 th century in creasingly took the form of a fund of investments, such asstocks and bonds, that the trustee would administer for the benefit of others rather thanbeing used primarily for the holding of land. However, growing procedural complexity caused the court of chancery to becomeincreasingly slow and inefficient resulting in a reduction in cases. The Chancellor dealtwith all cases directly. Proceedings were done by way of written interrogatives followedby written depositions in response. Copies were made for all parties and werehandwritten by law writers. Fees were paid instead of salaries which gave personsinvolved an incentive to prolong proceedings. The slow process was remarked on by aToronto lawyer (Skivington Connor) in 1845 concerning the process of the court ofchancery in Ontario at the time, That’s the business I like, the pace slow and dignified, the pay handsome, and agentlemanly understanding among practitioners to make it handsomer. †There was some response to the slow pace of the court of chancery prior to the enactmentof the Judicature Act of 1873. In 1813 a vice-chancellor was appointed. A Court ofAppeal in Chancery was created in 1851 and the Court of C hancery was given powers touse juries to try facts. Similarly in the 19 th century common law courts were given powers to grant injunctions and admit equitable defences. Thus there was somemovement toward fusion of courts of law and courts of equity. Eventually the Court ofChancery was abolished in 1873 and the common law courts took over the administrationof both the common law and equity. 11 III. HISTORICAL DEVELOPMENT OF EQUITY IN CANADA Objectives: Be able to briefly trace the history of the exercise of equitable jurisdiction in the Atlanticprovinces, Ontario, Quebec, the West and the North. The reception of equity jurisdiction in Canada varied from province to province inthe eastern provinces. The timing of the settlement in and creation of most of the westernprovinces was in the latter part of the 19 th century when the merging of courts of law and courts of equity was already being considered in England. A. Atlantic Provinces In Nova Scotia the Governor, as Keeper of the Great Seal, exercised equityjurisdiction (as early as 1751 when the first bill in equity was filed). This approach wasextended to Prince Edward Island and New Brunswick when these colonies were created(in1769 and 1784 respectively). In Nova Scotia matters were decided on the advice of acouncil until 1764. In 1764 three â€Å"Masters in Chancery† were appointed to assist theGovernor. Initially these Masters in Chancery were not legally trained but by later in the19th century legally trained masters of the rolls were appointed in Nova Scotia, NewBrunswick and Prince Edward Island. The merging of law and equity jurisdiction occurred in New Brunswick and NovaScotia well before the enactment of the Judicature Act in England in 1873. In NewBrunswick in 1854 and in Nova Scotia in 1855 the position of master of the rolls wasabolished and equity jurisdiction was transferred to the Supreme Court. The merging ofcourts of law and courts of equity in Prince Edward Island did not occur until 1974. Newfoundland did not follow the model of the Governor exercising equityjurisdiction. Instead equity jurisdiction was exercised by the Supreme Court and thispractice was later codified in 1825 (almost 50 years before the merging of courts of lawand courts of equity in England). 12 B. Ontario and Quebec Quebec Equity jurisdiction lasted only briefly in Quebec. From the Royal Proclamationof 1763 the Governor of Quebec sat as Chancellor until Quebec Act of 1774 restored thecivil law system to Quebec. Ontario Governors in Ontario, curiously, refused to exercise equity jurisdiction. It hasbeen suggested that this may have been due to pressure from lenders since without theexercise of equity jurisdiction there would be no equity of redemption in favour ofdebtors. Eventually pressure from debtors mounted and a legislative form of equity ofredemption was adopted. The establishment of a Court of Chancery followed shortlyafterwards in 1837. This may have been in response to pressure from lenders again. Thelegislature having created a legislated equity of redemption for borrowers, the lendersmay have wanted to have the corresponding right of foreclosure which was also adevelopment of equity cutting off the right of redemption after a reasonable period oftime. The Ontario Court of Chancery was later absorbed into High Court of Ontario in1881. C. The West and North When courts were being established in the west and north the move towardsunifying courts of law and equity was well advanced. Thus when courts were establishedin these jurisdictions they were given jurisdiction over both law and equity. It was,however, the practice in Manitoba and British Columbia to have divisions of the courtwith a division administering law and another division administering equity with theusual restrictions on courts of law not being able to give equitable remedies. Later thesedivisions were abolished (e. g. , in Manitoba in 1895). 13 IV. FUSION Objectives: Be able to: (i)Distinguish between procedural and substantive concepts of fusion. (ii) Provide an example of the potential practical effect of the distinction. (iii) Briefly discuss the current status of the debate over the fusion of law and equity. A. Procedural vs. Substantive Fusion What did the Judicature Act in England in 1873 do? Did it merge the rulesapplied by courts of law and the rules applied by courts of equity into a single body oflaw? Or did it simply allow for court proceedings to be started in one court that hadjurisdiction to apply rules of law and rules of equity without any formal merging of thetwo bodies of rules? In other words, did it provide for substantive fusion or proceduralfusion? Substantive fusion means that the rules of law and equity are merged into a singlebody of rules. Procedural fusion means that one can apply to a single court following asingle court procedure and that court could administer both rules of law and rules ofequity and apply remedies of the sort that were formerly available in either a court of law(e. g. damages) or a court of equity (e. g. injunction, specific performance, accounting). The difference is often captured by the Ashburner’s [Principles of Equity (London: Butterworths, 1902)] so-called fluvial metaphor: â€Å"The two streams of jurisdiction, though they run in the same channel, run side byside and do not mingle their waters.In that metaphor law and equity are perceived as two separate streams (courts) that cometogether (in one court). Ashburner’s statement using the fluvial metaphor says that thefusion was procedural only. In other words, the two streams came together but the watersof the two streams (rules of law and rules of equity) did not intermingle but ran side byside in the same channel (i. e. could be applied by the same court). In the metaphorsubstantive fusion is perceived as an intermingling of the water from the two streams intoa single integrated stream. The Judicature Acts dealt with some areas of conflict and provided a general rulethat where rules of law conflicted with rules of equity the rules of equity were to prevail. Cases: [Walsh v. Lonsdale (1882)] [United Scientific Holdings v. Burnley Council, [1978] A. C. 904 (H. L. )] 14 [Fusion resulting in equity prevailing over common law or was it in fact common lawprevailing over equity] [LeMesurier v. Andrus (1986) Ont. C. A. ] B. An Example of the Practical Legal Effect Canson Enterprises Ltd. v. Boughton [1991] 3 S. C. R. 534 In Canson Enterprises Ltd. . Boughtonthe plaintiff had purchased land and thenbuilt a warehouse on the land. The warehouse was severely damaged when thesupporting piles began to sink. The plaintiff successfully sued the engineers but theyturned out to be judgment proof. The plaintiff then sued its solicitor who had made asecret profit from the purchase of the land. They claimed that as a solicitor the solicitorowed them a fiduciary duty not to make a secret profit from a transaction in which thesolicitor was acting on behalf of the plaintiff as purchaser. That claim was based onprinciples developed by courts of equity which had long held solicitor’s to owe fiduciaryduties to their clients and had drawn on the fiduciary duty principles they had developedin the context of trustees in setting out the scope of a solicitor’s fiduciary duties. The defendant solicitor claimed that while he would be required in equity toaccount for the profit he had made he would not be liable for the damages to thewarehouse (which were much greater than the secret profit) because his secret profit didnot ause the loss to the plaintiff from the damage to the warehouse. The plaintiff arguedthat since the claim for breach of fiduciary duty was a claim in equity principles such asremoteness, mitigation, and causation which were principles developed by courts of law,did not apply. In other words, the plaintiff was saying that there was procedural fusiononly. If a claim was based on principles that had been developed in courts of equity thenthe appli cable rules were only those drawn from developed by courts of equity not thosedeveloped by courts of law. C. The Current Status of the Fusion Debate A majority of the Supreme Court of Canada held that there was no real distinctionbetween damages in a common law claim and equitable compensation in a claim inequity and thus common law concepts of remoteness and causation could be used inassessing the remedy. In other words, they did not stick the solicitor with the fulldamages to the warehouse. Madam Justice McLachlin, as she was then, felt that theresult could be reached on equitable principles with respect to equitable compensation. Neither the majority judgment nor the judgment of Madam Justice McLachlin make itclear whether law and equity were substantive fused or merely procedurally fused. Theyboth seemed to feel that the application of common law principles and equitableprinciples in the particular case were consistent so their was no need to draw on commonlaw principles into an equitable claim. However, Madam Justice McLachlin did note thatâ€Å"we may take wisdom from where we find it, and accept such insights offered by the lawof tort, in particular deceit, as may prove useful. It thus appears that where there is aconflict one the court will resolve it with broader policy considerations. 15One should thus be alert to the potential differences between rules of law andequity and how they may impact the result but also be ready to argue for a particularresult from a policy perspective (much as the plaintiffs did in Canson by arguing that toensure that fiduciaries are held to high ethical standards they shou ld be strictly liable forall losses flowing from a breach of duty).

Associate Degree in Nursing Essay

Healthcare systems and the way safe, quality health care is delivered are continually changing to better serve patients and communities. Professional nursing practice is a large component in the healthcare system today. Back in the 1960s, professional nursing leaders tried to adopt the bachelor degree programs as the only educational track to become a registered nurse (Creasia & Friberg, 2011). Due to nursing shortages and demands this motive did not hold fast. Individuals entering the nursing profession today must first decide which educational pathway to take to become a Registered Nurse (RN). Although there are studies that suggest nurses with a higher level of education have better overall outcomes, there still exist different educational pathways one can take to become a registered nurse. The two most popular educational programs today are the Associate Degree in Nursing (ADN) and the Bachelor of Science in Nursing (BSN). Both programs prepare students to sit for the state’s NCLEX exam and obtain a registered nurse license. Each educational pathway poses different advantages and disadvantages. The associate level degree can be obtained in two to three years and offered through community colleges and technical schools. Because the length of the program is shorter than the BSN program, this can be viewed as an advantage, saving both time and money. ADN nurses are typically educated to be direct care providers, usually employed by hospitals and long term care facilities. The course of study includes general education and clinical nursing classes (Creasia & Friberg, 2011). Technical skills are emphasized in the ADN programs, leaving little time for critical thinking skills. According to the American Association of College of Nursing (AACN), ADN nurses are better suited to work at the bedside in less complicated plans of care (Baccalaureate Degree, 2000). The associate degree nurse does possess good technical skills. The bachelor level degree can be obtained in four years by attending a college or university. Obviously, the BSN program will take more time and money over the ADN program. Although most colleges and universities offer traditional four year nursing programs, some offer accelerated programs. It will usually cost the same, however you are able to enter the nursing profession sooner. Unlike the ADN program, â€Å"the BSN nurse is better prepared to practice in all health care settings – critical care, outpatient, public health, and mental health† (Baccalaureate Degree, 2000, para. 8). In addition to the content taught in ADN programs, the humanistic BSN education encompasses more of the physical and social sciences (Impact of Education, 2011). The BSN nurse is better prepared to work more independently, therefore is well qualified to practice in healthcare systems outside of the hospital. Bachelor programs â€Å"prepare professional nurse generalists for acute care settings, community-based practice, and beginning leadership /management positions† (Creasia & Friberg, 2011, p. 32). This course of study is crucial to the delivery of good, safe, quality patient care. There have been several research studies completed to see if there is a correlation between higher RN education level and better patient outcomes. Several studies concluded there is decrease in mortality rates within hospitals that employee a greater percentage of bachelor prepared nurses (Creating a More, 2011). There are several patient care situations within hospitals in which a BSN nurse would be better qualified to create and manage a patient’s plan of care. Suppose a 28 year old American Indian female was admitted for preterm labor at 32 works gestation with a history of non-compliant diabetes since age 15. Both the ADN and BSN nurse could clinically perform a thorough assessment of the patient, monitor fetal condition and uterine activity, and administer medications. This patient needs more than just acute clinical care; she needs education and resources on how to maintain a healthy lifestyle for her and for the child she will soon be raising. A BSN practitioner has extensive training in cultural, social, and economic areas and would be a much better provider of care than the ADN nurse. Both ADN and BSN nurses will usually start at the same salary in the hospital or long term care facility, the ADN nurse will be limited to career advancements and opportunities. Charge nurse positions may be available in some organizations; however any position of higher level will almost always require an advanced education. Years of experience will sometimes be of relevance for a higher level position, but ultimately, these positions go to individuals who hold a bachelors and/or masters degree. As healthcare settings and delivery of care change, more nursing positions require the Bachelors of Science degree to be hired (Baccalaureate Degree, 2000). Overall, studies and research have proven the BSN nurse to be better prepared professionally for the ever changing healthcare systems of our world today and tomorrow. There have been great strides by nursing leaders and organizations around the nation to increase the number of bachelor degree nurses from 50% to 80% by the year 2020 (Employment of New Nurse, 2011). Even though deciding which educational pathway to take now is still up to the individual, research points to the BSN program. Choosing the BSN educational pathway over the ADN not only provides a broader spectrum of education to better serve patients and communities, but also opens many doors of opportunity for growth and advancement.

Generational Poverty Paper Essay

There are several issues that I have learned about this week. There are several factors that are involved in overcoming generational poverty such as education and relationships. Migrant and seasonal farm workers work very hard but yet live in generational poverty. They face several challenges when working and their families also are at risk in repeating the pattern. I also learned about the challenges that older people face when there is a lack of access to employment. Women also face unique challenges through the different life stages. Generational poverty families are often times large families. The reason why they are so large is because the more people in the family, the more money and the more people there are to take care of aging parents. The parents of these families are usually uneducated and they become intimidated that if their children get educated then they will move away. The fear of their children becoming educated means that they tend to hold their children back from breaking the cycle. When these children get to a certain age, they will drop out and get jobs with low pay. Many children stay with their families and are more prone to getting addicted to drugs. In order to prevent the cycle from continuing it is important that the children of these families become educated. The schools need to develop positive relationships with these children in order for them to be encouraged in continuing their education. In single parent households, the parent most likely will have a low paying job and often work several jobs or hours which impact their ability to provide adequate structure for their children. Many single parents have significant stress just to make ends meet. Generational poverty is also seen in migrant and seasonal workers. Migrant and seasonal workers face several challenges when working out in the fields. Migrant and seasonal farm workers travel throughout the country, they live in temporary housing. The places these workers live in are in areas that they are needed to plant, maintain, and harvest crops. Migrant and seasonal farm workers have one of the most dangerous jobs in the United States. They are  overworked and are often in inclement weather. The ethnicity of the farm workers are mostly Mexicans, Mexican-Americans, Central Americans, Cubans, and Puerto Ricans. More than half of the farm workers earn less than $7,500 per year. Because these farm workers must travel, their families travel with them. The ways farm workers impact their children are that because of travel from school to school, it negatively impacts their stability and education. The job of the farm worker is very important of American society because the farm workers are responsible to providing society with food. If it were not for the farm workers, America would not have anything to eat. Although the farm workers job is very important, they do not get the respect that they deserve. Farm workers have many dangers when it comes to working in the fields. Not only do they have dangers when working in the field but their families are also at risk for being exposed to some of the dangers of the farm workers job. Farm workers are exposed to the pesticides that are used to protect the crops from damage. The pesticides poison the farm workers and cause the farm worker to suffer from headaches, skin and eye irritations, nausea, and breathing problems. The farm workers families are also at risk from being exposed to pesticides because the worker carries the pesticides on their clothing. An injury that occurs when working as a migrant and seasonal farm worker is that they get injuries such as musculoskeletal injuries. They are prone to injuries because they are required to do repetitive movements and uncomfortable body positioning. They get carpal tunnel syndrome, tendonitis, and back pain. Most of these workers do not seek help right away because they try home remedies and over the counter treatments first because many are undocumented and fear being deported. The ones that do seek medical help often wait until the injury gets worse, which makes it harder to help them feel better. Many of these workers are uneducated and will use their children to help with translating information they need. Sometimes their children will quit school to help their parents financially and will drop out of school to work in the fields. Women face several unique challenges. Two choices that women are faced with are when they get married both they marry men who provide lifetime financial support, and they will be able to prevent destitution at the latter part of their lives. Another choice is that if a woman decides that she wants to get a higher education and establish lifetime careers, along with deciding to get  married and have children, she will be able to prevent lifetime destitution. When women decide to have a career, be a wife, and have children, they often times struggle with balancing family and work. If a woman decides to marry a man who provides lifetime financial support then she must focus on her family and take care of all responsibilities for the family. The aged face several challenges when there is lack of access to employment. In order for a person to retire they must work until they are 67 years old. When they are able to retire the aged my receive Social Security and Medicare. Many of these older people that work for companies have been there many years and tend to be paid higher than a younger person. There is a history of companies that lay off their higher paid workers that are over the age of 50 or they will force these workers to retire early so that they can hire someone younger and pay them less. The majority of the workers that are laid off or forced to retire early, leave companies with no health insurance and must use their savings early. When the aged are laid off and go to find a new job they face active age discrimination from other companies. Many companies see the aged as people who do not have the same energy or the ability to perform the job duties that a younger person can do. When the aged is unable to find a job over 50 years old, they are forced to use their life savings before they expected to and some do not have any savings because they have to support their families. I have changed my perspective on several of the topics that where discussed. I work with older staff and I now understand that ageism happens and it is better to understand what they go through than to discriminate against them. Instead of complaining how slow an older person is, it is important to help them. When an aged person loses their job it becomes extremely difficult for them to find another job because companies discriminate against the aged. Generational poverty is an issue that can be reduced by educating families and building relationships with them in order to encourage these families to continue their education. The reason why some generational poverty families are big is so that the more people there are in the family the more money and the more people there are to take care of the aged. I have also learned about the many unique challenges that women have when it comes to living their life. A woman can chose to get married and let the man support her financially or chose a higher education and a career and raise a family. References Anthony, M. J. (2011). Caring for Migrant Farm Workers on Medical-Surgical Units. MEDSURG Nursing, 20(3), 123-126. Understanding the Depth of Challenges People Face Power Point Presentation Hatch, L. (2005). Gender and Ageism. Generations, 29(3), 19-24

Marshall Berman; the Contradictions of Modernity Essay

Marshall Berman; the Contradictions of Modernity - Essay Example As the research declares in describing the modern human, Berman says â€Å"they are moved at once by a will to change – to transform both themselves and their world – and by a terror of disorientation and disintegration, of life falling apart†. Through this statement, it is easy to see the conflicting emotions of an individual undergoing change of any kind. Relating it to everyday life, an individual might strive to pursue a dream career by quitting their job and launching a business of their own, but at the same time be paralyzed by the fear of this new venture failing, or worse, succeeding. Either way, it represents a change in the way things have been. â€Å"To be modern is to live a life of paradox and contradiction. This paper stresses that in the capitalistic society, it is greatly argued that man has control of the market, the customer is always right and the consumer is the master by reason of making the choice to purchase or not purchase. Berman points out that often this is not really the case. Although we might have our choice of traveling by plane, train or automobile, sometimes that ‘choice’ boils down to just one option based on the availability of flights, trains or roads. Idealistically speaking, we have free choice in which doctors to see for various complaints, however, it is actually the insurance companies that dictate to whom we can go and how much can be charged based on the conditions listed.

Northern Rock Disaster Case Study Example | Topics and Well Written Essays - 3000 words

Northern Rock Disaster - Case Study Example One of the major UK shares, Northern Rock has been most horrible exaggerated by the troubles in the fiscal system. It was enforced to go to the Bank of England for emergency financial support after its customary representation of accessing resources from the money marketplace bankrupted over the summer. It is now lumbered with a 25bn credit from the Bank of England and prolongs to endeavor whereas the administration and its executives fight over the finest path of action for the suffering bank. It will be seated at the base of the FTSE 250 index of average sized organizations, barely staying away from the humiliation of falling into the index that follows diminutive businesses. The thought of setting up Northern Rock Foundation appeared in the mid of1990s throughout the deliberations at the then Northern Rock Building Society about demutualization. In April 1996, the chairman of the society namely, Robert Dickinson, proclaimed the construction of the organization as part of its proce dure to turn out to be a plc. The offer was to create a bountiful organization with just about fifteen percent of the concerned share resources and an agreement of five percent of the new plc's yearly earnings. In October 1997, together the bank and the organization became veracity. Officially establishe... In the subsequently few years other parts of significance were added such as offspring, elder people and society renewal. In 2000, the organization started granting elevated report culture systems. From the beginning, along with its assurance to approachable endowment making, the organization intended to take other more tentative looms and to update the thoughts and development of provincial and general strategy creators. In 1999, the trustees founded a 1 million huge thoughts preserve whose subject would change yearly. In the initial year, the focal point was the area's coalfield societies, though in 2000 it was severe improvement. (Bank of England, September 14, 2007). The subsequent year, the endowment was dedicated in retort to the outburst of foot and mouth sickness. As it urbanized its endowment making, the organization in addition saw necessitate sustaining charitable and group of people organizations in additional means. Guidance and enlargement, all the way through very litt le funding was obtainable, permitting organizations the chance to stopover a comparable development somewhere else, to depart on a route or to purchase in a number of external aid. The organization moreover specially made elevated quality teaching on ascendancy, administration and features of regulation influencing the charitable zone. As the organization reached its fifth bicentennial, the trustees determined to gaze once more at its exertion and its field. An exacting disquiet was that some programs related to definite positions and sorts of job while others did not. From 2003, the trustees determined that they would propose financial support solely in the North East and Cambria. They in addition initiated innovative agendas which sustained many

National Security, Energy Resource Scarcity and Climate Change in the Essay - 1

National Security, Energy Resource Scarcity and Climate Change in the upcoming decades - Essay Example Now, when we come to national security and foreign policy we must have an idea as to what it is. By national security we mean the integrity of a state and securing of its boundaries without hindrance from the other states. Foreign policy is the basic guideline upon a country will interact with other states and maintain relationship with them. Various analysts see the changing climatic conditions as possible threat to the future peace of the world. This is because with increased famines and limited food there will be fights within a state as a result the police will come into action. In adverse cases we may even need the army to control the situation which would create a civil war condition. It will basically be a fight for survival and of course as we know might is power the person or the state in general with more power would emerge victor. All of it will definitely spoil the peaceful environment of the planet earth and the countries with greater influence will even try to establish themselves by taking the weaker nations under them and exploiting them. In short, we may say that in the near future keeping view the changing climate and decreasing quantity of fossil fuels a war like situation where the person with force will be the winners and enjoy while the majorities will suffer from the scarcity of almost every basic necessity. The two countries on which we will be focusing on is the US and China. This is because both of them are the current super powers one in the West and other in the East. They are the biggest emitter of the green house gases a major cause for the drastic change in the climate with its devastating impact on earth. All of it which has complicated the national security concerns and the foreign policy for both these super powers. Both of these nations are trying to increase their influence on the African nations and

Final Exam Questions Essay Example | Topics and Well Written Essays - 250 words

Final Exam Questions - Essay Example Congress, were convened to stop the Coercive Acts. Though, the contemporary Congress still performs this duty, it has failed the American people in passing certain laws that are supposed to improve the quality of life of Americans. This is the case of the health care reform debate. Congress, in the view of many Americans, plays politics with the health care reform proposal without putting the interest of Americans in mind. Second, the founding fathers felt that a bond should exist between the people and their representatives. This is to ensure that representatives present the local concerns of their constituency at the national level for solution. Many Americans believe their representatives do not actually represent them but rather represent special interests. The debate on health care reform substantiates this point. Third, the contemporary members of Congress earn much more than the median American income. For instance, non-officer members of Congress earned $169,300 annually whil e the yearly income of most Americans is $45,113 for men and $35,102 for women (Steven et al., 2006). This seems out of place in the opinion of many Americans, given that congresspersons were supposed to represent the people. Fourth, the fact that Congress concealed their pay raise by slipping them into a large bill makes many Americans to distrust them (Steven et al., 2006).

Japan's recession Essay Example | Topics and Well Written Essays - 500 words

Japan's recession - Essay Example The government of Japan in May 2009 approved a stimulus of 2 trillion packages for Japanese corporations that were weak as well as less stable. It is ordinary for Japanese government to help weaker companies. Nevertheless, Japan’s latest recession cannot actually be attributed to a singular occurrence, experts, however believe that one of the leading reasons could be associated to a fourteen year high for the Yen in comparison to the dollar. The effect of Japan’s recession greatly altered the country’s market values on nearly all goods and their property market. Nevertheless, Japan was not the only nation that experienced the effect of recession, other countries like the US and Britain also lost a great amount of exports that were being traded to Japan, in addition to several other imports. Additionally, several Japanese stocks trading in foreign markets also plunged because traders feared losing totally especially the ones who had invested in Japan’s secu rities market (Koo, 2011). The Japanese government apart from organizing money for stimulus package also set up a system of strategies to assist in ensuring that the finances were being utilized efficiently. The government of Japan also spoke on how they were planning to assist those who recession had affected by providing various steps aimed at bringing the economy back to usual national standards. These steps included offering reduced mortgage interest rates, decreased requirements especially for businesses doing application for subsidies, extended subsidies by 6 months for energy efficient vehicles, extended subsidies for appliances that were energy-efficient, expanded government supported protection for corporations that needed funding from the government and finally offered incentives for freshly built houses as well as the ones renovated with appliances that were energy

Evidence and Practice Assignment Example | Topics and Well Written Essays - 250 words

Evidence and Practice - Assignment Example ic change process, the issue of employee’s participation has been stipulated to have a number of positive results, effective responses and success achievement in the change implementation process. Thus, it is crucial to involve teams and individuals to ensure a successful change process (Weber, Reichert, & Rinderle-Ma, 2008). In response to this, my practice change that I would like to initiate and implement in my workplace that is in the operating room as an operating room nurse is in the reduction of infection prevention specifically by limiting the number of people in the room during surgical operations. Health care practitioners have a responsibility of enhancing the care of the patients through quality care and safe delivery (Howard & Hanssen, 2007). Often in the operating room do you find many students and health care personnel when an operation is ongoing, and this puts the patients at a risk of acquiring infections, as they are very susceptible. The operating room should be free from disease causing organism and in achieving this, there should be a limited numbers of personnel as well as limited movements to limit bacteria spread (Hurlbert & Garrett, 2009). In attaining my stipulated change process, I will encounter resistance from my own healthcare practitioners and I will encounter it through e ducation on the importance and standards of infection prevention in the operating room (Hon, Bloom, & Crant, 2011). To ensure success, I will involve individuals and team members. Weber, B., Reichert, M., & Rinderle-Ma, S. (2008). Change patterns and change support features–enhancing flexibility in process-aware information systems. Data & Knowledge Engineering, 66, 438–466.

Gold has long been a popular investment choice in emerging and Essay

Gold has long been a popular investment choice in emerging and developed economies. While portfolios become more diversified, allocations to gold remain significant - Essay Example It will also consider its place in credit driven economies, and its significance in compensating flaws of the banking system. Using survey, first hand observation and expert research; this paper will show that gold retains its popularity as an investment tool, which compares favorably with bank savings products. As a credit controller at the National Commercial Bank of the Kingdom of Saudi Arabia, I observed many misinformed invertors putting money in inappropriate investment products. These observations prompted my consideration of allocation to commodities such as gold. In order to diversify my portfolio I invested in gold at 1286 USD/Oz on April 28, 2014, and I have observed a 26 dollar per ounce increase in price following news of the escalation of the Ukraine crisis, the US job report, the devaluation of the Yuan and an increase in gold imports from China. However on June 2, 2014 gold dropped to around 1234USD per ounce after a sever hedge fund selling. Gold was sold, to cover losses on bonds as result of the rising yields. Simultaneously people were selling gold to buy stocks as good economic data boosted the US stock market. By June 10, 2014 the price of gold rose again to around 1260 USD/Oz, following a decrease in the US stock market. From this we can clearly see that gold prices are influenced by contrasting economic and political forces. From the behaviors of investors under negative world economic events, it is very clear that gold has an effective hedge against these assets and, therefore, it can provide diversification benefits to inves tors. As investors start questioning equity under these negative economic events gold will still remain a popular option. The survey was conducted to further investigate; the different attitudes to investments in gold, type of preferred investments, expectations of the market, and allocation to investments. In the survey, the main target was on professional and retail investors. The

Employment Law Essay Example | Topics and Well Written Essays - 2000 words - 3

Employment Law - Essay Example The contract of employment is the cornerstone of the employment relationship. In Gascol Conversions Ltd., v Mercer1 Courts found that contracts of employment, like all other contracts, consist of express and implied terms and the written statement is only evidence of the various contractual terms and, unless the employee has agreed that it accurately represents those terms, it is not binding on the employee. Here the argument is that at the time of recruiting the employee, employer can impose these restrictive clauses. Restrictive covenants are terms in a contract of employment that limit the employees activities following termination of their employment. Now it need to consider the capacity of Balmoral to change or impose new restrict covenant. In RS Components v Irwin2, a case before the National Industrial Relations Court the employer decided that it needed to introduce restrictive covenants. The NIRC held that held that there was nothing in the section to preclude the tribunal from finding. The dismissal on the grounds of the needs to impose the new restriction fells within the some other substantial reason category. If employees refused to sign, the new contract could therefore be dismissed. Here the Court noted that the employer would have to devise covenants that were not void. It is a landmark case that decided in 1973 should demonstrate best practice, rather than Windsor Recruitment v Silverwood and others3, which decided in 2006. Employment law still has the capacity to spring a surprise. In Hanover Insurance Brokers Ltd v Schapiro4 the CA Dillon LJ argued that a restriction that seeks to prohibit a defendant from poaching any employee, irrespective of expertise or juniority and including those who entered employment after the defendant left, is invalid5. In Living Design (Home Improvements) Ltd. v Davidson6 the CA has recognized the possibility of a restrictive covenant sufficient to

iPhone 6 Essay Example for Free

iPhone 6 Essay Apple working on 4. 7-and-5. 7-inch iPhones for 2014 Reuters cites ‘four people with knowledge of the matter’ and as well as claiming the larger display models under consideration they also point to cheaper variants being considered too. Again, we have heard whispers of a budget iPhone for a very long time. Apple is said to be considering such products for the usually cited reason: Samsung. The report suggests Apple is starting to think it needs a broader product portfolio to compete with the Samsung. Apple’s thoughts on the subject are said to include the idea of introducing both 4. -inch and 5. 7-inch iPhone variants in 2014. Asian supply networks claim suppliers have been approached by Apple on the subject of larger smartphone display panels. At present, it’s quite normal to see any rumour surrounding Apple’s next iPhone to be pegged for both the iPhone 5S and the iPhone 6, such is the uncertainty. However, it’s also true that a few select rumours have been aimed at just the iPhone 6 specifically, particularly in cases which suggest the iPhone 6 will come on its own, later, and after a separate and distinct iPhone 5S launch. With the news that Apple is now actively looking into larger display sizes for its iPhone, T3 has created a rather awesome concept video detailing what the end result might look like. Featuring a 5. 7-inch 1080p display and Apple’s A7 chipset, the iPhone 6 concept is one of the best we’ve seen to-date. It also outlines many of the benefits – better gaming, video, and web browsing – that are associated with having a larger screen. The video concept compares the iPhone 6 to the iPhone 5, hinting at how Apple could modify the design of its existing handset to accommodate a larger 5. -inch display. The video even references Apple’s white-background video style in a bid to further suspend belief that what you’re looking at is indeed an official Apple product (FYI – this is definitely not an official Apple video). Whether we’ll one day see an iPhone of this size remains to be seen – 5. 7-inches does seem like quite a jump from the 4-inch iPhone 5. That said, Apple is rumoured to be in talks about producing a suitably larger iPhone for release sometime in 2014. Reuters says this handset will be the iPhone 6. Apple’s next flagship, the iPhone S, is expected to carry much the same design as 2012’s iPhone 5. It’ll keep the same 4-inch display and premium chassis but see some of the internal specs and hardware updated. iPhone 6 Hardware The most recent, and arguably most prominent rumour surrounding the iPhone 6 points to the idea that it’ll feature a next-gen Apple A7 processor, which may or may not, be a quad-core model. The story goes that Apple is soon to begin work on the 20 nanometre A7 chip with the help of TSMC, but that it won’t be ready for production until the first quarter of 2014. In the meantime we’ll be treated to an iPhone 5S on an A6 chip, or possibly an A6X. This does sit with some rumours which say the iPhone 5S will land in June or July, though equally similar rumours claim the model which arrives this summer will be the iPhone 6, which in turn would imply it’ll be the one toting the A6 or A6x chip. Other reports say Apple has been in talks with Intel over a possible manufacturing deal. It’s not clear whether Intel would simply fabricate Apple’s ARM-based designs or if it would create a completely new Intel-based chipset for the iPhone 6. Apple’s iPhone 6 was also name-dropped in reports about next-generation hardware carrying new 5G Wi-Fi and Bluetooth chips, suggesting it’ll hook up to nearby routers and remote devices at much faster speeds. It’s expected the iPhone 6 would have the same storage options as its predecessors – 16GB, 32GB or 64GB with no microSD slot. Could we see a 128GB version, too? Maybe although very little has been said about this aspect so far. A camera upgrade is possible and we could see a 13-megapixel sensor, although there’s some suggestion Apple will stick to 8-megapixels and simply improve the aperture, sensor array and capture features. Allegedly Apple has scheduled to have components for the next iPhone shipped by the end of May in order to hit the Q3 target. It will apparently have an improved processor, which could be the A6X chip found in the iPad 4. The camera will also be updated to a higher megapixel rating, presumably 13-megapixels. The latest rumour suggests a 16-megapixel sensor though.

The Challenger Shuttle Disaster Engineering Essay

The Challenger Shuttle Disaster Engineering Essay Abstract The National Aeronautics and Space Administration (NASA) is a global leader in the field of space flight and space science. NASA as an organization is exclusive in terms of mission, vision, objectives, magnitude, control, risk, and complexity. NASAs space flight program is the most complex and difficult task in their history. It is well known that the accident of Challenger space shuttle on 28th January 1986 was attributed to organizational failure. The breakdown of Columbia space shuttle in February 2003 points out again how even minute details play important roles in complex and high risk organizations. Many major organizational failures are result of poor decision making, adverse conditions, and poor assumptions. This paper focuses on Challenger Columbia space shuttle disaster, and validation behind calling it as an organizational failure. If NASA is sincerely thinking about reducing failure, they should consider organizational change to reduce probability of occurrence of such m ishaps. Introduction An organization exists when a group of people work together to achieve goals (Daft, 2007). Organizations are all around us and shape our lives in many ways. Organizations can be classified on the basis of scope, size, clientele, and nature of services. Even though the work culture of every organization is different, the basic principle of operation is same. With rapid globalization, there is added pressure on organizations to outperform each other. The pressure on a firm is the direct pressure on employees to perform. Every individual react to this pressure differently and at times can affect decision making skills in a poor manner. Organizational failure can be described as a single major incident, or chain of incidents, resulting from the action or inaction of individuals associated with the organization (Gillespie and Dietz, 2009). Organizational failures are unavoidable, and it can be consequence of a single cause. The enormity of failure depends upon number of causes. The basic reasons for organizational failures are poor planning, management, and corporate culture. Organizational characteristics of NASA The National Aeronautics and Space Administration (NASA), an organization with 18,000 employees and a budget of US$ 15 billion was set up in 1958. It is exclusive in the terms of size, mission, and motivations. The motivation factor ranged from winning the SOVIET/US space battle during the 1960s, to becoming a leader in all the areas of spaceflight and space science at present. NASA is considered to be a closely path dependent organization (Bruggeman, 2002). Path dependence implies to the inclination of an organization to make decisions based on their history. During 1960s space race between United States and Soviet Union for technological superiority, cost concerns were less important. During this period the importance of human spaceflight for a successful space program was realized. There were significant budget cuts for NASA by the end of the cold war era; even then the focus was on human spaceflight. To counter budget cuts, some portions of the shuttle program were contracted out to private suppliers (Hall, 2003). The key point is that, even today space shuttle is an experimental vehicle. Lessons are still learned from each shuttle returning to earth. The official development stage for the space shuttle was from 1980 to 1982. After that period, it was considered operational, but still shuttle engineers had contradicting opinions. They considered it to be a developmental aircraft because of constantly changing technology and inexplicable problems that cannot be predicted from design. The unexpected problems continued to occur during shuttle missions, but no disasters occurred. Due to budget constraints, management was not keen on finding the root causes of the problem. NASA allowed these technical flaws to pass, as analyses were costly and time consuming. Even at the suppliers end, due to incessant production pressure, problems were often neglected. The Challenger Tragedy On 28 January 1986, around seventy-six seconds into the mission, the Space Shuttle Challenger was destroyed, killing all seven crew members (Rogers Commission report, 1986). This happened due to a design flaw in shuttles solid rocket booster and disintegration of an O-ring on its right solid rocket booster (Lighthall, 1991). The problems mentioned above were significant, but there were many other reasons which contributed to the destruction of Columbia space shuttle. Components of Shuttle The Columbia space shuttle, officially called as Space Transportation System (STS), has three major components; the Orbiter, External Tank (ET), and two Solid Rocket Booster (SRB) motors as shown in Figure 1. Orbiter It is a winged craft that carries astronauts and payloads (satellites or space station) into space and travel back to land on a runway. However, to get additional thrust, two large Solid Rocket Boosters are provided, each attached to the sides of external tank (shown in Figure 1), as Orbiter alone does not provide enough thrust. Figure 1: Challenger Space Shuttle (Space Shuttle Challenger Disaster, 2003) Components of the Space Shuttle The three components are attached together during shuttle assembly, whereas the field joints between the sections contain two rubber O-rings. The purpose of O-rings is to fill the field joints and prevent hot gases from escaping. The solid rockets are cheaper and less complicated than liquid- fuel rocket engines. The biggest disadvantage of solid rocket is that it cannot be tuned off once ignited. External Tank The purpose of external tank is to carry liquid fuel for the three engines located in the aft section of the orbiter. The lower two third of the tank carries liquid hydrogen with the upper one third containing liquid oxygen. Cold Temperature Concern for O-rings Before the launch of Columbia shuttle, no experimentation was conducted on space shuttles at temperatures below 51 F (11 C). The air temperature dropped to 18 F (- 8 C) in the night and 36 F (2 C) in the morning before the launch. Even Morton Thiokol, the contractor for construction and maintenance of shuttle SRBs had insufficient data on performance of boosters at lower temperatures. There were some other notable factors which are discussed as follows: 1. The external tank was filled with -423 F (-253 C) liquid hydrogen and -300 F (-184 C) liquid oxygen. The cold breeze in the night and morning before the shuttle launch changed air in external tank to super-cooled state and moved it down to the ground. 2. It was known that passing of cold breeze results in formation of external tank. This observation was not unusual because it happened during warm temperatures also. The direction of wind was western-northwestern that day, resulting in super cooled air to slide down directly to the lower portion of the right SFB. 3. To measure the thickness of ice layer on the external tank, infrared cameras were used by the ground staff before every launch. On the day of the launch, a temperature of 8 F (-13 C) was recorded at the aft field joint of the right SRB. The ground staff did not pass this vital information to the management. Figure 2: Challenger Space Shuttle (Space Shuttle Challenger Disaster, 2003) All these factors contributed to the malfunctioning of primary and secondary O-ring causing hot exhaust gases at the temperature of 6000 F (3315 C) to escape from the rocket chamber and led to catastrophic incident. Poor Decision Making Before the launch of the Challenger space shuttle, a teleconference was held between Morton Thiokol, Kennedy Space Center (KSC), and Marshall Space Flight Center (MSFC) to decide whether it should be launched or not. The engineers at Thiokol were not in the favor of the launch because of their apprehensions on the performance of O-rings in cold weather conditions (Hall, 2003). However, before the launch of Challenger there were many cases of O-ring damage (Dalal, Fowlkes, and Hoadley, 1989). Due to immense production pressure, the Thiokol engineers were not able to find the root causes, and justify their arguments with substantial evidence. The graphs presented during the teleconference were vague and confusing. Furthermore in their rush to get ready for the conference call, the engineering team erroneously included slides which were previously used for Flight Readiness Review (FRR) to claim that O-rings would not be a problem (Tufte, 1997). The management was not convinced with the case and decided to launch the shuttle. The report on the challenger space shuttle disaster states, After the shuttle became operational in 1980, the workforce and functions of several shuttle safety, reliability, and quality assurance offices were reduced. A safety committee, the Space Shuttle Program Crew Safety Panel, ceased to exist at that time (Leveson, 1995). Recommendations Collaboration with Suppliers: NASA needs to change the conventional thinking about sourcing. The Collaborative sourcing approach is different from the traditional approach on sourcing. The traditional sourcing technique is all about squeezing the supplier to make profit. In collaborative sourcing both buyer and supplier craft a joint vision to achieve their objectives. They should emphasize on improving product and line processes by concurrent engineering, combined testing, and root cause engineering for error finding and rectification (Helper, MacDuffie, and Sabel, 2009). Role of Hierarchy at NASA: A grave problem with NASA was its complicated corporate culture. NASA, which was a research institute, had become a platform, which was used by politicians for their promotion. The management should have understood that minute details play a crucial role in research organization like NASA. Even the decision to launch Challenger was influenced by government officials. As, President, Regan was scheduled to give his State of the Union Address the next night in which he intended to speak about astronaut Christa McAuliffe (Hall, 2003). NASA needs to develop a system for engineers to overcome the bureaucracy and hierarchy. By this way they wont be asked to defend their concerns and intuitions. Importance to minor problems: Acceptance of deviations from standard was one major reason for the challenger disaster. The nature of work carried out at NASA is very sensitive and therefore the specification of tolerance to abnormalities should be suitably low. The O-ring problem was frequent, but management persisted with it on the grounds that it does not possess flight safety risk. If the engineers had succeeded in convincing the management to replace the damaged O-rings, loss of life and vehicle could have been averted. Following steps are recommended for problem analysis: 1. Find the significance and basis of the problem. 2. Prepare a full proof action plan to rectify the problem. 3. All the parameters should be tested against variables like temperature, wind, humidity etc. 4. Importance to Problem Reporting and Corrective Action (PRACA). Conclusions The Challenger shuttle disaster presents various issues that are relevant from engineering management standpoint. One of the key points is change in perspective of engineers who are now placed at managerial positions. It is vital for managers not to overlook their own engineering work experience, or the knowledge of their assistants. A lot of times, even managers with engineering background are not up to date about the latest advancement in the field of engineering. The managers should realize this while taking any decision on technical matters. Another important aspect is the role of ethics in engineering management. The job of engineer is to design, and along with it comes the responsibility that the product or service designed is safe for customers. It is the ethical responsibility of engineers to acknowledge mistakes and present unaltered data to the management. Further, the management decision can have a positive result or negative impact on organizations reputation.

Freud’s Structure of the Mind Essay -- Exploratory Essays Research Pap

Freud’s Structure of the Mind At the age of 40 in 1896, Sigmund Freud introduced the world to a new term- psychoanalysis (Gay 1). Psychoanalysis is a method of treating patients with different nervous problems by involving them in dialogues which provide the physician with insight into the individual’s psyche. These dialogues provided the basis for Freud’s psychoanalytic theory, which â€Å"attempts to explain personality, motivation, and psychological disorders by focusing on the influence of early childhood experiences, on unconscious motives and conflicts, and on the methods people use to cope with their sexual and aggressive urges† (Weiten 363). Part of this theory involves the structure of the mind. This is a concept that touches on human nature itself and attempts to explain the motives behind human behavior. Freud described the mind as a â€Å"tripartite model,† a construction consisting of three different elements (Internet Encyclopedia). The first element is the id, which operates exclusively on the unconscious level. Biological urges, such as the urge to eat, sleep and have sex, drive the id. The id demands that its urges be satisfied immediately. Wayne Weiten, author of Psychology: Themes and Variations, writes that â€Å"The id engages in primary-process thinking, which is primitive, illogical, irrational, and fantasy oriented† (364). The second part of the mind is the ego, which operates on the subconscious and conscious levels. The ego is the element that â€Å"engages in secondary-process thinking, which is relatively rational, realistic, and oriented toward problem solving† (Weiten 364). The ego seeks to satisfy the id, but it also operates according to society’s rules, customs, and regulations of conduct and take... ...e is featured in either German of English. http://www.utm.edu/research/iep/f/freud.htm#The%20Theory%20of%20the%20Unconscious This site provides a description of the tripartite model Freud developed of the mind. It gives a brief description of the elements of this construct and describes the way these elements interact. Finally, the site discusses the defense mechanisms Freud believed were employed to deal with these conflicting elements. Works Cited Gay, Peter. â€Å"Time 100 Polls- Psychoanalyst: Sigmund Freud.† Time.com. http://www.time.com/time/time100/scientist/profile/freud.html Oct. 5, 2002. â€Å"Neuroses and the Structure of the Mind.† Internet Encyclopedia. http://www.utm.edu/research/iep/f/freud.htm#The%20Theory%20of%20the%20Unconscious Oct. 5, 2002. Weiten, Wayne. Psychology: Themes and Variations. Belmont, CA: Wadsworth Group, 2002.

WalMart :: essays research papers

Wal-Mart’s philosophy has always been to provide everyday low prices and superior customer service. But this philosophy might have stared potential customers away from Wal-Mart. Many people, including myself, have the misconception that Wal-Mart only sells necessities that the average working class family can afford. An extreme eye opener for me was a recent television commercial by Wal-Mart. I saw that they also sold flat panel televisions, which is considered a luxury item for any social class. After going to their website to see what other luxury items Wal-Mart sold I was amazed at the number of items I found that were not the necessities which I stereotyped them selling. Wal-Mart has to change the public’s opinion of the items that they sell and the types of people that it has in mind of serving. Sam Walton was the shrewd businessman behind the world's largest retailer. After working his way through the University of Missouri as a newspaper delivery boy, he got a job in Des Moines, Iowa as a management trainee for J.C. Penny at a salary of $75 a month. Walton borrowed some money from his father-in-law and opened a variety store after serving as an Army captain in World War II. A chain of drugstores followed. He went into business with his brother Bud, and by 1960, the Waltons' 15 stores were taking in $1.4 million a year. But Walton soon saw a challenging new competitor arise in the discount store. The Walton brothers opened their first Wal-Mart in 1962 in Rogers, Arkansas. Specializing in name brands at low prices, the chain of Wal-Mart stores sprang up across rural America. Wal-Mart’s sales grew to $26 billion by 1989, compared to $1 billion in 1980. By 1990, Wal-Mart was the largest U.S.

Euripides was accused by his contempories of being a woman hater. Why E

Euripides was accused by his contempories of being a woman hater. Why do you think this was so, and how justified do you think the accusation was? Question -------- Euripides was accused by his contempories of being a woman hater. Why do you think this was so, and how justified do you think the accusation was? In your answer you should consider not only how Euripides portrays his female characters, but also the sentiments expressed in the plays and the contempory view of women. Answer ------ Euripides definitely had an opinion on woman that was not shared by many other play writes. Whether it is hatred or not, women play a major role in a Euripian play. Their role in society of that time was a great contrast to that of the men. Compared to today, women were miles apart from men; they were not even considered citizens of their region. This is obvious in the chorus where in the Electra, Medea and Hippolytus there is a chorus of women. This was unheard of in the time when the plays were written. A chorus is typically made up of wise men of Athens, therefore making it up of women would in that age, be very controversial. In Medea the chorus side with her and Medea makes the chorus swear to silence. Therefore she can confide in them without having to put a face on. The image put across here is that the woman team up against the man. The chorus being women, side with the feminist Medea. "I heard her sobbing and wailing," the chorus talk about the true Medea that is hidden under her facade. The same is true in the Electra. The chorus is made up of country-women of Mycenae, who also side with Electra. When Electra moans about not having a gown or riches to go out and enjoy herself, the chorus offer a way out. "Borrow from me a lovely gown, closely woven, and a gold necklace." The women are on her side, they try to persuade her to be like all the other women and go out partying. Electra wants none of this and aims to gain more self-pity by forcing herself to stay at home, doing all the work. Euripides writes her to be an attention seeking noble woman, who has married the peasant to make a statement. Not the most likeable of characters. In the Hippolytus, there are two choruses. One made up of huntsmen who follow Hippolytus and the other of women from Trozen. They support what they represent. This shows a contrast ... ...My boy, the oath you gave me, you'll never break that?" The Nurse whines to Hippolytus hoping to get her own way. "Oh, I clasp your knees and beg you," The Nurse's stubbornness to try and please ends up leading to Phaedra dying without honour. Euripides begins his plays often with erratic women, ie Electra, Medea and Phaedra. They have serious issues and seek vengeance, with the exception of Phaedra who is the cause of a vengeful attack; Theseus killing his son, Hippolytus. There are never any heroic women or women that we feel sympathy for. The only woman who is in the slightest way victimised is Clytemnestra. Electra murders her in revenge for killing her father Agamemnon. This is made obvious in the play and Clytemnestra's bad relationship with her daughter Electra does not show her in a good light. We feel sympathy for the self-inflicted widow, when she describes what she has gone through. "Then her father cut her soft white throat-My Iphigenia." Out of all of Euripides' female characters, she contains the most sentiment and emotion. In summary, apart from Clytemnestra, the lady characters are mad psychopathic women, with hidden depths, morals and loyalties.

Evergreen: Customer and Process Essay

1.1Evergreen’s desired outcomes are to improve customer satisfaction by delivering its orders on time, reduce inventories, reduce employee overtime expense and determine if the shop floor manager should be replaced. The company needs to improve its demand planning responsiveness to better serve customer needs. By improving its process and capabilities as they relate to orders, the desired results will be realized. 1.2Evergreen should try to improve its order entry system by eliminating/reducing constraints to so that the end accomplishment is a faster delivery time to the customer. 1.3We know that the order entry system is working poorly because the cycle time exceeds the customer timeline, but there may be additional problems causing the late orders since the shop is only operating at 80 percent capacity. Additionally, we are not given any information about the delivery system that would move the product from the shop floor to the customer. However, we can reasonable assume there is a problem with the order system, since it can take anywhere from 17 business hours (2 days) to 42 business hours (5.25 days) (assume 8-hour work day) for order to clear the shop floor. Since the three sale clerks are only encouraged to implement a 5-day out due date for the order, this immediately creates a constraint since it is possible for the order cycle to exceed 5 days. Not to mention that the sales clerks may even promise the products sooner. The multiple-steps in the process are creating undue constraints. Additionally, the high amount of erroneous orders (up to 65 percent) is also a large constraint on the process. 1.4The long cycle time is creating a bottleneck in getting the products to the customer on time. Additionally, the process is a made-to-order system, as opposed to made-to-stock, so the product is not created until the order is received. The variance in the way the company receives the orders is also creating problems, since the two processes are treated equally. When the traveling salesperson contacts the company with an order, the order may be up to two days old already, yet it is handled in the same fashion as when a customer calls in an order. The process is riddled with wait time and defects – two of the â€Å"Seven Deadly Sins.† Many of the orders languish in certain parts of the company and are filled out erroneously within a non-digitized system. Process measures are crucial to the processes success, and this system is only using a casual set of metrics to evaluate the effectiveness of its operations process for filling orders. The time it takes for the order to move from one process to the next should be definite – not an estimate, which describes Evergreen’s current process. Additionally, there are no metrics in place for process improvement. The order process is a serial/sequential. The company could improve by paralleling the order after it clears the Sales Account Manager by sending the order to accounting and to the shop simultaneously. A manager should improve the overall process by combining smaller processes, eliminating waste and rethinking the sequence. 2.The customers want their orders to be delivered on time. The existing customers pose a problem for Evergreen because their business spikes around certain holiday, thus increasing orders during certain times of the year. Evergreen needs to have another process in place for peak times versus the normal business schedule. The peak process could include such contingencies as having additional clerks on staff, mandating the traveling salespeople to visit customers within a standardized time frame before each peak season to gather data and pre-order product and running the shop at 100 percent capacity.

Maslow’s Theory of Motivation – Hierarchy of Needs

In 1943, Dr. Abraham Maslow ‘s article â€Å"A Theory of Human Motivation † appeared in Psychological Review, which were further expanded upon in his book: Toward a Psychology of Being In this article, Abraham H. Maslow attempted to formulate a needs-based framework of human motivation and based upon his clinical experiences with people, rather than as did the prior psychology theories of his day from authors such as Freud and B. F. Skinner, which were largely theoretical or based upon animal behavior. From this theory of motivation, modern leaders and executive managers find means of motivation for the purposes of employee and workforce management. Abraham Maslow's book Motivation and Personality (1954), formally introduced the Hierarchy of Needs. The basis of Maslow's motivation theory is that human beings are motivated by unsatisfied needs, and that certain lower factors need to be satisfied before higher needs can be satisfied. According to Maslow, there are general types of needs (physiological, survival, safety, love, and esteem) that must be satisfied before a person can act unselfishly. He called these needs â€Å"deficiency needs. † As long as we are motivated to satisfy these cravings, we are moving towards growth, toward self-actualization. Satisfying needs is healthy, while preventing gratification makes us sick or act evilly. As a result, for adequate workplace motivation, it is important that leadership understands the active needs active for individual employee motivation. In this manner, Maslow's model indicates that fundamental, lower-order needs like safety and physiological requirements have to be satisfied in order to pursue higher-level motivators along the lines of self-fulfillment. As depicted in the following hierarchical diagram, sometimes called ‘Maslow's Needs Pyramid' or ‘Maslow's Needs Triangle', after a need is satisfied it stops acting as a motivator and the next need one rank higher starts to motivate.

Conflict: Government and Policy Team

Case Study3 : The Poisoned Chalice: By Matthew Mcdonald, University of New South Wales Joseph had been a team leader for two years and felt he was ready to take the next step in his public service career. He had begun his career as a graduate trainee in the Department of Agriculture after completing a double degree in commerce and environmental science. After his traineeship he was offered permanency as a policy officer, eventually rising to the post of team leader. As a team leader Joseph felt he had gained the trust and respect of his four staff member and had learnt the basic skills of being a manager.Joseph applied for various management positions within his own department without success. Undeterred, he applied for a position in another government department responsible for environment and heritage and was successful. The role involved taking over the position of manager of a â€Å"Taskforce† that had been set up five months previously. The taskforce was made up of 10 tea m members responsible for developing and implementing a set of government policies and programs designed to assist primary producers to manage better the environmental threats to their land.Joseph couldn’t have been happier with his new promotion and he looked forward to applying what he had learned as a team leader to the challenges of his new post. The taskforce itself was divided into two teams. The first team- â€Å"the policy team† was responsible for developing policies in consultation with the minister’s office that would underpin the programs to be eventually rolled put all over the country. This team was made up of highly experienced member. The second team- â€Å"the implementation team† was responsible for implementing the policies developed by the policy team.The job of the implementation team was to deal with the logistic of implementing the programs and working with the numerous stakeholders involved. For Joseph, everything started put well in his new position. He gradually got to know each of the team members, who seemed skilled and competent in each of their roles. He also began to understand better the job that the taskforce was required to do. However, as the days turned into weeks some major problems in the taskforce began to appear.The first major problem was that other sections within the department were unhelpful and difficult to deal with when he made requests of them or sought to initiate collaborations. When he asked his staff why this was the case, the most common response was that the department had â€Å"had it in† for the taskforce as posing a threat to their own positions. The bad blood between the taskforce and the rest of the department made Joseph’s position vary difficult because he and his staff were heavily reliant on other areas of the department for their expertise, advice and assistance in order to manage the project successfully.The second major problem was the taskforce itself, Joseph began to realize that the two teams were highly antagonistic towards each other. This was evident in taskforce meetings, where there was an obvious hostility between them. Joseph also discovered that very little had been achieved since the taskforce was setup, and found that it was now well behind the government’s schedule. However, the full implications of Joseph’s predicament became apparent only after a revealing conversation with Alison, a junior member of the implementation team, while working back late one evening.Alison told Joseph that the previous manager of the taskforce, John, had left the position because of the problems associated with it, everything had started out well; however, then the policy team had begun to treat the implementation team as inferior because the implementation team members were younger in age, were less experienced and had made a major blunder in the first few weeks by getting a national farmers’ union offside. After thi s blunder the policy team had begun to refer to the implementation team as ‘the idiots’.The policy team had also taken a superior attitude towards members of other sections within the department because of their close relationship with the minister’s office. This problem came to a head after a chain of emails had been leaked to the rest of the department by a member of the implementation team, who had inadvertently received them, in the emails, members of the policy team had made disparaging remarks about people from other section with whom they had been working, this had created a furors in the department.As a result, a number of formal complaints about members of the policy team had been made. Instead of dealing with this and the other problem associated with the taskforce, the previous manager, John, had closeted himself away in his office, hoping they would go away. Realizing that events were starting to get out of control, John’s manager. Max, had ste pped in to try and sort out the situation. He had done this by speaking with all of the taskforce members both individually and as a group.This had made a difference for a short time: however, the antagonism between the two teams in the taskforce had eventually returned, and it had seemed the nothing could be done to repair the damage inflicted by the leaking of the emails. It was at this point that John had resigned. Due to the taint that hung over the taskforce, no one in the department had been willing to apply for the now vacant position of taskforce manager. After speaking with Alison, Joseph realized he had been handed a â€Å"poisoned chalice† that nobody else wanted.He became very worried that the taskforce would not meet the departments’ and the government’s objectives and timelines, and the he would be blamed for its failure, adversely affecting his long-term career and future promotion prospects. Discussion Questions 1. Using the â€Å"model of confl ict processes†, identify the sources of conflict between the policy team and the implementation team. 2. Were Max’s actions appropriate in this situation? If so, why? If not, what should he have done instead? 3. What actions should Joseph take to ensure that the taskforce meets the government’s objectives and timelines?