buy custom Contract Law essay

buy custom Contract Law essay Question 1 (Martinas faulty racquet strings) In contract law, the issue of the vendor selling a defective item with clear intention is punishable through him or her paying for the damages to the client. Martina trusted the racquets expert that he will sell her excellent strings to enable her play and win the game. But after some time, the strings broke in the process of playing making her not to reach the finals. All endorsements worth $20000 went away because of faulty racquet strings. Under implied warrant in contract law, there is an express view to prevent or mitigate deceit and fraud to make persons be fair in their dealings, to be honest, and to be upright in all their transactions. Matrina entered in to a special contract with the racquets expert in Melbourne that she should be given high quality strings for her racquet, but she later recognized that the strings never had qualities she wanted. According to contract law, if in any case the special contract has been exercised for the sale and or purchase of goods of certain features, quality and description, and that particular good does not portray the same description as those stipulated by the vendor, or bargained for, or agreed to be sold, the buyer has a right to not only return the faulty equipment, but to be given compensation concerning the issue of being sold a faulty equipment. All the compensation stated in this case is not limited to the price of the item he or she bought, but it should, be inclusive of all the costs the buyer accrued in meeting the purchase and those costs and expenses, which directly link to the purchase of that product. Matrina need to be compensated for her travel costs, her forfeited token, the accommodation costs, training for championship costs and loss of endorsement fees, and disappointment fees. If the purchaser, however, neglects to return the faulty products she has bought within the stipulated period, a new contract will arise by the full implication of law, totally different from, and totally independent of, the previous agreement, and the person who has received and willing fully retains that goods is directly liable upon what is called a quantum meruit to pay for the presumed worth of the good. If Matrina stays with the goods (racquet strings) after the vendor has failed to perform his contract, she may recover the value of these items upon the new contract and the eventual promise that the law then applies from the changed situation and consequences of the parties. In all sales or purchases of products, the law stipulates an undertaking or a due promise from the seller that at no time carried out a bad sale, and that he had no obligation to make the contract of sale he had profess to make. Peto vs. Blades case indicates that if the seller knowingly or intentionally sold defective goods, he is entitled to indemnify the buyer against the damage he had already sustained. This damage is inclusive of loss of endorsement fees, disappointment and distress, travelling costs and accommodation costs. If Matrina was cognizant of the defect in the strings, materially reducing the value of the said item, the low has an obligation to carry out a disclosure thereof to the intended buyer, and informing in silence the fact of substance, which needed in utmost good faith be made known, and is equivalent, in laws contemplation to a valid express representation or even warranty (Hill vs. Gary). If for example, a taverner sold wine knowing that the wine is corrupt, to a buyer as a good wine, although he impliedly expressed to warrant it as such, yet a certain action showed that he lied, he is required by law to compensate the buyer. Also, if the merchant sells a piece of cloth to the buyer, knowing that the cloth is not in good condition, he is responsible for compensating the buyer (Atkinson vs. Bell ). To justify that Matrina is liable for full compensation, we consider the case of Southern vs. Howe. It states that if an individual sold a horse with no eye, no legal action against him sin ce the buyer already observed that the horse lacked one eye. But if the seller fixes an artificial eye to lure the buyer in to believing that the horse has both eyes and later finds out that indeed the other eye is counterfeit, the seller is liable to compensate the buyer for such actions. Therefore, the racquet expert in Melbourne has an obligation to compensate Matrina to the extent of having implied with the conditions of the contract. Some times it is possible for the buyer to complain that he never knew of the defects existence. He must, therefore, proof that what he did was not intentional by revealing other sales of the same items he had sold to other clients, that indeed they were not defective. If Matrina agrees to eventually take the sale issues with all faults, there exists an implication of one part of the racquet dealer to resort to no device or possibility to conceal any defect. The seller should reveal that indeed he sold defective strings and that he is liable to duly compensate the buyer. The condition to be taken inclusive of all faults and frauds, do not entirely mean that the item to be undertaken with all existing frauds, and hence, the seller will not be allowed to present himself of it if he decides to resort to any artifice, or makes use of false representation, with the intention of convincing the purchaser to forget about the contract of sale. Defective items sold have adverse implications, w hich will cost the buyer a lot, therefore, all the burden of compensation lies directly on the vendor who sold the defective goods. Question 2 (The case of Jilna and Lee) If a contract has been made and because of one reason or another, the other party is not able to perform his or her obligation, then this constitutes frustration. Jilna seems not to have read the lease agreement letter properly, as she thinks that the lease was only running for one year, yet the letter indicated it was running for five years. This frustrates Lee so much because of the complication with the contract. Jilna sees it as no longer possible for her to continue with her bicycle manufacturing business because of road blockage, which has made supply of materials to her factory paralyzed. Besides, the roads department has told her that it will take three months for all the trees blocking the road to be removed. As such, she will not be able to manufacture her bicycles, implying that she will not be able to make any sale. This could be understandable that she wont be able to pay any rent, but the contract she made is binding. Frustration concerns the subsequent impossibility. If the contract appeared to be impossible from the start, the issue will be the mistake but not constituting frustration. Jilna should, however, establish as to whether or not the situation at hand has been expressly shown in the contract- the lease contract. This provision is normally called force majeure clause. For example , a contract of manufacturing bicycles using Lees factory premises might say, if a factory collapses, or the external disasters that will negatively affect the performance of your business and hence, making you unable to pay the monthly rent, take place, then this will happen This clause ought to be complete and should stipulate specific risk(s). Since there is no force majeure clause in Jilna and Lees contract, there are various frustrations that are established in case laws. Supervening illegality stipulates that immediately the contract was made, a new law or a new occurrence has made it illegal for the cont ract to be carried out. The best example of the case law is Avery vs. Bowden (1856), in which a certain ship was supposed to pick up some specific cargo at port of Odessa. With the occurance of the Crimean war, the government passed a rule that is illegal to load the ship at the foes port. Hence, the ship could not undertake its contract without having broken the law. Hence, the contract was frustrated. When the hurricane fell on the land and fell the trees that block the road leading to Jilnas factory, Jilna was not able to carry out her business hence, frustrating the contract she made with Lee. The performance of the contract under this scenario of supervening illegality will not take place or will be impossible. The reason is because of the eventual destruction of the subject matter (factory premises). Jilna, for example will say, I agree to pay you monthly rent, but the road to the factory get blocked. This complicates the perfomance of the contract they have both signed, though Jilna never took her time to know to what extent the agreement was binding. The nature of contractual obligation may also make the contract not to perform in the stipulated way. A very good example is the case of coronation of King Edward VII in 1901 where the coronation process failed because the king was ill. One person had hired a flat in order to view the coronation but refused to pay the days rent, since the existing contract had been frustrated. The court said that he was indeed right: the whole idea of hiring a room was only to watch the coronation ceremony, and since the ceremony never too k place, then there was no need of hiring the said room ( Krell v Henry). But a contract is not frustrated only just because it has become very expensive or uneconomical to perform. This kind of risk occurs immediately when one enters into a contract. The supervening even, however, must be beyond the ability of both parties to control. Neither Jilna could not have been able to prevent hurricane from passing near her factory, nor was Lee able to inform Jilna in advance that there could be a hurricane passing by, so that she could be informed. As search the event (hurricane) was unforeseeable by both parties (Jilna and Lee). The legal effects of this frustration by the common law becomes the contract which was made automatically comes to a halt at that exact time of frustrating event. Immediately the hurricane caused havoc on the road, and hence making supplies difficult from reaching the factory, Jilans factory operations stopped, hence signaling that she will not be able to pay the stipulated monthly rent, as shown in the contractual letter. The recommended statute is the Law Reform (Frustrated Contracts) Act of 1943, which is only applicable in a situation where there is no express permission existing in the contract for anything that happens if it is frustrated. The provision is that, if some payments have been made in advance, the lessee or the buyer has a right to get the payments back, net of any expenses that he or she could have incurred. Jilna had not yet paid the rent, but she might have incurred the expenses of renovating the factory hence, she will not be in a position to ask Lee to pay her the expenses she has accrued so far. Lee is also frustrated by the fact that Jilna will not be able to pay the monthly rent as indicated in the contract, and that she never understood the terms and conditions in the contract after all. If the contract had been partially performed, as shown by Jilna who had already undertaken the factory operations, it gets a little bit complex. She will be required, according to the contract, to pay for any of benefit she could have received. If for example, at the time of the frustrating event (Hurricane), Jilna had already made some refurbishments in the factory, Lee had to compensate Jilna for all the expenses incurred in refurbishing the factory. She could value the amount of factory upgrade and ascertain whether it will be able to give a one month rent, since Jilna will no longer be able to carry out the business. The case of Brisbane Council vs. Group Projects Pty is also another example of a frustrated contract, which depicts what happened to Jilna and Lee. Under this case, the Group Projects had some land which was to be developed. The company came into agreement with Brisbane City Council that the company should undertake some work on the land immediately the land was rezoned residential. The thing, which later happened, is that the land was forcefully resumed by the government to be used as a school. The City council of Brisbane argued that, until the extent that Group Projects had said to carry out the development work in the land, it was still justified to go on. The company mentioned that the whole idea had been frustrated since its ability to make profit had already been removed when the said piece of land was rezoned. The case raises some interesting debate as to whether it can be said that frustration existed when the commercial interests of the above contract had been removed or no t. The high court officials who said that the issue had no difficulty are holding that the contract was frustrated because of the eventual resumption of the land. Lees plan to enjoy monthly revenues of $ 5000 per month was frustrated by the fact that Jilna will not be able to carry out her agreement to be paying her $ 5000 per month as lease rentals for 5 years. One can view other tangible issues facing frustration of the contract by looking at the conclusion of Stephen J (p 766) 4th paragraph and also interesting or thrilling commentary on the subsequent paragraph about how frustration is so uncertain. The hurricane was not easily predictable by both parties. If it were, then Jilna could have given her own side of the story as tow whether to continue with her operations or stop it altogether. The case of National Carriers Ltd vs. Panalpina Ltd is applicable to Jilna and Lees case because, before the decision, it was meditated that the doctrine of frustration will never be applicable in real estate, even including leases. The reason is because, real estate is actually land and the land is everlasting. The National Carriers type of case involved the commercial lease of a warehouse. The existing access to the warehouse was blocked by a local authority, which decided to close the street since the state of building the building in the street was not safe. The lease was supposed to run for ten years. The same street also was to be closed for a period of 18 months. Tenants said that the lease agreement was frustrated. However, it is said that the doctrine of frustration does not normally apply in real estate. In the said case, the tenant was in possession of a premise (warehouse) which was the subject of the lease agreement. Lee likewise had a factory, which was also the subject of the lease agreement. It will not matter what will happen, even if the building is destroyed since the interest of the land continues on. This is somehow, a very unrealistic view of commercial issues. In the issue of National carriers, the House of Lords reiterated that the frustration doctrine will apply to lease agreement but insisted that the cases will be very rare. The main facts of the case is that, they concluded that this lease was not frustrated since the deprivation of the tenant was so small compared with the lease term of 18 months in a period of ten years. Question 3 (company formation) For me to ensure that I have become successful in undertaking the venture, I need to understand the ways in which I can raise my finances. Already, I have savings amounting to $ 300000 and the bank has agreed to give me extra $ 300000. This comes to $ 600000. To make it $ 1 million, which is required for me to establish the company, I have found 40 investors, each willing to pump in $ 10,000 into this business, after understanding that this project will be profitable and the payback period will be shorter. Of great concern is to whether to make this company go public or to operate it as a private company. Remember this company is still at its seed or concept stage, where I am supposed to be developing the business plan and mobilizing resources in order to make it a reality. It will be realistic to put it this way- we run this company as private limited company for some few years in to the future since you understand the disadvantages of making it go public this early. I need to develop a strong object clause of the company, according to the Corporation Act which stipulates that companies should express the object of their operation. My object in the company is to explore the organic mineral development storage devise for electricity. I know that the provisions of the Act allow me to undertake this activity as it says, a provision of the corporation legislation does not: prohibit the doing of an act, or, impose a liability for doing an act, if the provision of the law of State or Territ ory specifically authorizes the doing of an act. I also know that my company needs to set up and maintain a register of members, a register of financial undertakings, a register of earnings to be achieved and the initial financing options. Also, we need to understand the company structure, company name, legal obligations, company registration and legal obligation concerning our company name so that we can not violate the Corporation Acts provisions. Before we think of whether this company is going to be private or public, we need to consider if this company wills suite the needs and follow the proper established legal framework as deviation from it will lead to total discontinuation of our plan to establish this company. This company can conduct business throughout Australia, but we need to get the provisions right. When we think of registering the company name, it is not the same as registering our company. Registration of our company name does not in any way create a legal entity but rather registering the company itself, does. R egistration of the company name, according to Corporations Act, allows us to use the privileges to which our company is entitled, like corporate tax rate and limited liability. In order for us to register the name of our business, we need to consult the corporations act provisions. Concerning how to run this business, we need to decide the internal governance and how it affects replaceable rules, constitution and the general business operations. This is a proprietary company, and it cannot be run by replaceable rules if initially I am going to be the director and member and, therefore, special rules apply. Since this is proprietary company, corporation act allows the company not to lodge its constitution when duly applying to register. However, Corporations Act must be followed in order to avoid any possible violation. The company will ensure that contracts over $ 20000 will require immediate approval of the managing director. No contracts above this will be allowed without the directors consent. Since there will be investors who have stakes in this company, the corporation act will require the company to provide their registration information and the amount they each contribute. Date of entry of each and every investor or member must also be indicated. If this company will get membership of over 50 people, the company scheme should include in its members register an updated index of members name. This index must be easy to use and should allow members entry to be found easily. If this company is to stay to be proprietary, we must satisfy all the provisions of the particular type of the company. If this Company becomes a public company, relevant procedures must be followed. The company should indicate how shares are to be allocated, how additional capital is to be raised, and the reporting standards to be used and tax payment strategies. We need to give all the details required so that we can be successfully registered. This will make this company to operate legally as a corporate body at the very day it received its certificate of registration. When registered, we need to ensure that we are given ACN (Australian Company Number) as required by the Corporations ACT. If we are given ABN, the number we get should end with the nine digits we have already received. The company name, written in legible characters, is followed by Australian Company Number as appropriate. This means that we need to satisfy all the requirements of the Corporations Act in order to enable us become an officially and registered company in Australia. All documents should be issued, at the right time so that we cannot risk being deregistered. Question 4 (Case of Amanda and John) As a start up company, Amanda and John will not be able to access a wide pool of funds. When the company is too young, profits are usually less and there is instability in profitability projections. Legally, it is not allowed for one to go for other debts without clearing the existing one. Amandas case indicates that her money is all tied in trusts as she has been acting as a trustee for her family trust when the family was not able to meet the trusts. Therefore, thinking to carry out business as a partnership and as a company should be clearly evaluated because both different business types have different legal attributes. As a partnership, both must understand that they have mutual obligation to carry out the business. Considering that they can only manage to raise $60000, it means that they will not be able to meet the required capital target, what with Amanda in deep financial turmoil. As a start up business, both individuals should require the initial amount so that business will be carried out smoothly. Both of them have a contractual obligation to look for ways of raising the other $90000 to finance the business. Start up businesses are usually the most challenging businesses to undertake since they may either collapse or experience slow growth. If both of them are considering venturing in to partnership, it is essential that they consider all options before they make any decision. Choosing a business structure that will be supported by the capital stated is very wise. The success or failure of their business depends on how the two individuals design their business structure during the concept stage. Since the success of partnerships is determined by the partners, both of them should ensure that they raise the extra amount in order to finance business development. Though there are advantages in partnership like work sharing and skills supplementation, they understand that legal obligations must be strictly adhered to when it comes to sourcing extra financing from other sources. It is very essential to understand the business laws, which are associated with partnership, so that both of them should not be faced with legal problems. It is very vital if both of them will speak to the business lawyer or attorney before thinking of any option to turn the business in to a partnership one. This will enable them get legal advices on basic legal aspects of business pertaining the partnership. They also need to understand that if the venture fails and already had borrowed some amount; it is their obligation to repay the debt. Assuming that they contributed capital equally, both partners need to consider that any external debt should be cleared first before settling any internal ones. Both of them should also consider that sharing of profits should be according to the ratio of their contributions or any criteria that they deem fit. This will ensure that any issues or complications are handled the right way. In Ingran vs. Deere Ingram, who were a psychologist and Deere, who was a psychiatrist, entered into an agreement in which Deere could serve as a medical and director of a pain clinic. He said that he was going to receive a third of clinics income, and Ingram would receive a third, and the remaining one-third would be for meeting expenses. Deere said that they were to carry a joint venture but Ingram asserted that Deere will receive a third of the clinics revenue and that no agreement was reached on the remaining two thirds. He also admitted that he never contributed capital to start clinic, never took part in hiring extra workers, and never knew the names of staff members. He also admitted that he never bought clinic equipment, never became a signatory to the c linics ban account and never appeared anywhere in the lease agreement for the clinic office space. After fourteen months, Ingram decided to give Deere a form called Physician Contractual Employment Agreement (stated that Ingram was to be the sole owner of the clinic) which he refused to sign. He later ceased working at the clinic. He sued Ingram, and later on the jury discovered that both of them entered into a partnership agreement in which Ingram breached his fiduciary responsibility to Deere. However, the trial court found that they found no material evidence to support their partnership business. With this case law, Amanda and John should ensure that they communicate to each other, not only orally, but also in writing the responsibilities of each partner, compensation of each partner and profit sharing ratios in order to avoid complications. Forming a capital at start up stage is not realistic, as the company requires that the two partners raise a large amount of money, and both of them should have sufficient collateral incase that go for a bank loan. By the look of things, it appears that they will not get additional financing because they were not able to raise $150000, which is a very small fraction for the capital required to form a company. Besides, the issue of Amanda not able to settle her trustee obligations to the family proofs that they will not be able to secure a bank loan in order to establish private company. Most start ups must be operated as partnership businesses for at least three years from the time they were formed and that during this time the income inflows should have been consistent and rising. They should first be able to raise the additional $ 90000, carry out the business as partnership and when they think that the business is now stable they can decide to make it a private company. Buy custom Contract Law essay

Change Strategy within a Specific Organizational Frame Term Paper

Change Strategy within a Specific Organizational Frame - Term Paper Example It was revealed in 2013 that Tesco’s beef burgers had at least 30% of horse meat, which led the organization to make a statement to the effect that its customers had been betrayed by the company’s suppliers, promising to get to the bottom of the scandal (bbc.com, 2013). In effect, the company promised to uncover what had happened, to get back to its customers with an explanation, and to work harder to ensure that such a problem never occurred again (Meikle & Lawrence, 2013). Moreover, Tesco also promised to refund customers who still had the contaminated food in their houses in full. In relation to Tesco’s current threatening issue, an urgent change is required. To begin with, all the products from the identified supplier must be withdrawn from sale immediately, which requires the company’s staff to be urgently involved in the process of elimination. In addition, the company has to rescue its reputation with consumers in the market place, which requires a long term strategy of change to influence consumers. For instance, Tesco could entirely stop selling meat products before bringing back their meat sales gradually with highly regarded suppliers (Morris, 2014). There are four main frames under which an organization’s change can be framed, which are structural, political, human resources, and symbolic. Pollack and Pollack (2014) note that organizations operate simultaneously at all times on the four levels, and that addressing a problem in the organization may require an organization to pay special attention to one frame, while the other frames remain strong and functional. In Tesco’s case, the structural frame will be the main frame used, specifically because of its image of the organization as a rational machine system. In addition, this frame also reinforces the critical nature of creating structural forms that are aligned to the goals, environment, technology, and task of the

Urban Planning Perspectives Essay Example | Topics and Well Written Essays - 1000 words - 1

Urban Planning Perspectives - Essay Example In addition, regardless of the answers of the political authorities or stakeholders to the foregoing, additional fundamental planning principles or perspectives can be included. For instance, one planning principle that can be added is that urbanizing areas must also anticipate the needs of the future. Thus, for example, road widths must anticipate the traffic volumes of tomorrow and car volumes rather than the traffic volumes of the present. The needs assumed for planning must assume the needs of the future or perhaps a generation ahead rather than assuming only the needs of the current generation. The assumption on the demand for water, for example, must also factor in the needs of future generations rather than merely assume the needs of today. Planning must anticipate possible problems that can emerge. Another planning principle that will have to decided upon by political authorities pertain to what planning principle should be adopted by planning authorities pertaining to sustenance. Shall the planning authority assume national and/or international interdependence or sustenance or should the planning authority assume or adopt the principle of self-sufficient or self-sustaining urban areas? In general, urban areas have generally assumed that regions and areas are interdependent and, thus, did not attempt that all the needs of the city are satisfied by the urban area or the city itself. However, it is conceivable that we can find civil society groups lobbying that the city or urbanizing area adopt a planning principle aiming at self-sufficient urban areas or self-sufficient cities. The â€Å"self-sufficient† cities or urbanizing areas are supposedly able to acquire its sustenance entirely or solely from the city or the urbanizing area itself. Another planning principle that will have to decide by the political authorities in the urbanizing area or city is on the weight of function versus aesthetics in planning. Should the urbanizing area or city

Mabalacat Pampanga Essay Example for Free

Mabalacat Pampanga Essay Is a former municipality, the third city in Pampanga converted because of a referendum on July 21,2012. According to the last 2010 consensus, Mabalacat has a population of 215,610 people. Economy and Livelihood -Mabalacat is a major transportation hub here in Pampanga connecting NLEX, SCTEX , and the McArthur Hi-Way. -Mabalacat is a highly urbanized city. It consists of different business establishments. A lot of this includes iron works, ceramics, car accessories and different hotels and restaurants. -Mabalacat also gets some tax contributed income from the Clark Freeport Zone. -Delicacies include tocino del cielo and pastillas. Cultural Profiles: Festivals: Caragan Festival: This is a Festival in Mabalacat which the Mabalacat people celebrates its roots and ancestry and to honor the town’s first Aeta chieftain. City Fiesta: Every February 2, the city Fiesta is celebrated in honor of the statue of a Virgin Mary with a baby Jesus on her lap that was found by Cabezang Laureanas workers, This statue was presented to Caragan as a gift by Padre Maximilian Manuguid, the priest of early Mabalacat church. Customs -Mabalacat people are religious and diligent. They put the family time and church activities as one of their priorities. -Mabalacat people follow the holy week traditions carefully and still practices Penitensya.* *as cited by residents Traditions -Mabalacat people still follows pastorella, even though all other places in Pampanga have stopped celebrating it. -Mabalacat people majority still follow the â€Å"penitensya† during the Holy Week. -People of Mabalacat always spend quality time with each other especially family. -The People of Mabalacat has a family first kind of principle.* *as cited by Residents. Prominent Local Figures: Mayor MORALES, BOKINGVice-Mayor HALILI, CHRISTIANLydia de Vega a famous runnerMelanie Marquez is a former beauty queen and model who won the 1979 Miss International beauty pageant.Joey Marquez is an actor and politician.

Paul the apostle :: essays research papers

INTRODUCTION   Ã‚  Ã‚  Ã‚  Ã‚  John Wycliff was a theologian and early proponent of reform in the Roman Catholic Church during the 14th century. He initiated the first translation of the Bible into the English language and is considered the main precursor of the Protestant Reformation. Wycliff was born at Ipreswell, Yorkshire, England, between 1320 and 1330. He died at Lutterworth December 31, 1384.   Ã‚  Ã‚  Ã‚  Ã‚  John Wycliff’s family was of early Saxon origin, long settled in Yorkshire. In his day the family was a large one, covering a considerable territory. 1324 is the year usually given for Wycliff's birth. Wycliff probably received his early education close to home. It is not known when he first went to Oxford, with which he was so closely connected till the end of his life.   Ã‚  Ã‚  Ã‚  Ã‚  He was at Oxford in about 1345, when a series of illustrious names was adding glory to the fame of the university, such as those of Roger Bacon, Robert Grosseteste, Thomas Bradwardine, William of Occam, and Richard Fitzralph. Wycliff owed much to Occam. He showed an interest in natural science and mathematics, but applied himself to the study of theology, ecclesiastical law, and philosophy. Even Wycliff’s opponents acknowledged the keenness of his dialectic. Wycliff’s writings prove that he was well grounded in Roman and English law, as well as in native history. A family whose seat was in the neighborhood of Wycliff's home, Bernard Castle, founded Balliol College, Oxford to which Wycliffe belonged, first as scholar, then as master. He attained the headship no later than 1360. When he was presented by the college (1361) with the parish of Fylingham in Lincolnshire, he had to give up the leadership of Balliol, though he could continue to live at Oxfor d. His university career followed the usual course. While as baccalaureate he busied himself with natural science and mathematics, as master he had the right to read in philosophy. More significant was his interest in Bible study, which he pursued after becoming bachelor in theology. His performance led Simon Islip, Archbishop of Canterbury, to place him at the head of Canterbury Hall in 1365. Between 1366 and 1372 he became a doctor of theology. In 1368 he gave up his living at Fylingham and took over the rectory of Ludgershall in Buckinghamshire, not far from Oxford, which enabled him to retain his connection with the university.   Ã‚  Ã‚  Ã‚  Ã‚  It was not as a teacher or preacher that Wycliffe gained his position in history; this came from his activities in ecclesiastical politics, in which he engaged about the mid-1370s, when his reformatory work also began.

Barriers, challenges, and strategies Essay

Most clinical health care workers are aware that achieving the paradigm of evidence-based practice (EBP) is the gold star standard that one strives for in his/her clinical practice. EBP is expected of healthcare clinicians and has become a synonym for quality care both by the institution of healthcare and its consumers (Brim & Schoonover, 2009). This essay will define EBP for nurses. The barriers, challenges and strategies to implementing evidence-based nursing practice (EBNP) will be discussed with reference to relevant and authoritative literature. As well, the relevance and the links that EBNP has with the clinical area of Intensive Care will be discussed. EBP is the integration, by clinicians, of clinical expertise which is meticulous, explicit and uses current clinically appraised professional knowledge (Eizenberg, 2011; Kenny, Richard, Ceniceros, & Blaize, 2010). EBP accommodates patient preferences, views and values; while also guiding, supporting, validating and answering health care workers clinical judgements, practices, and questions (Eizenberg, 2011; Kenny et al., 2010; Matula, 2005; Wolf, 2005). EBP is a process of asking a clinical question; searching for clinical evidence; critically appraising this evidence and then expertly integrating this evidence with patient’s values, views and preferences; evaluation of how the changes to practice have had on outcomes; and finally disseminating the results that the EBP or change had on patient outcomes (Melnyk, Fineout-Overholt, Stillwell, & Williamson, 2010). The definition of EBP and EBNP and the implementation of EBNP appear to be straightforward and easily accomplished; however, EBNP implementation is far removed from being easy (Brim & Schoonover, 2009; Cullen, Titler, & Rempel, 2011; Eizenberg, 2011; Kenny et al., 2010; Tolson, Booth, & Lowndes, 2008). Nursing research has uncover ed numerous challenges and barriers which the implementation of EBNP faces. These challenges and barriers can be classified as a research, a clinician, an organisational, a nursing professional barrier, and not least patient barriers (Fernandez, Davidson, & Griffiths, 2008; Gerrish et al., 2011; Hutchinson &Johnston, 2006; Ross, 2010). Eizenberg (2011), Gerrish et al. (2011), and Ross (2010) found that nurses face research and clinician barriers that include not having the time, skills and knowledge to critically critique and/or synthesise research literature, unable to effectively use and search databases electronically, hold negative views toward research and feel research is too complex, as  well research at times is not clear on how to implement the findings and findings can be contradictory. Due to these barriers, nurses tend to rely on synthesised evidence such as evidence-based protocols, policies and procedures (Gerrish et al., 2011). Eizenberg (2011) and Gerrish et al. (2011) also found that nurses prefer to acquire information through third parties such as their colleagues, the workplace, through patient care experience, and the knowledge they received from their nursing education. Eizenberg (2011) found that the organisation is the greatest factor in successful EBNP implementation. The organisation controls access and the budget to and for evidence resources such as computers with internet access, a well-equipped library, and access to educational opportunities in EBNP procedures and theory (Eizenberg, 2011). The barrier of not having the authority to change a nursing practice also lies with the organisation – a nurse may have the necessary research knowledge and experience to effectively change practice but cannot implement practice change due to the organisation not giving him/her the authority to instill change (Eizenberg, 2011). Few nursing staff members are given the opportunity to participate in the development of evidence-based policies and procedures; therefore, most nurses are not engaged to support EBP. Ross (2010) further found organisational barriers such as the organisation giving priority to other goals (for example excess sick leave) over EBNP, the organisation may perceive that the staff are not ready or willing to implement EBNP, and that the organisation believes EBNP is unachievable. These organisational barriers prevent EBNP being accomplished and to the greater extent of not being implemented. A barrier of nursing profession relates to the medical dominance of healthcare; as such, nurses are not afforded the power, authority, autonomy and respect from colleagues for nursing practice that the status of being a profession decrees (Brim & Schoonover, 2009; Eizenberg, 2011; Gerrish et al., 2011). A further nursing profession barrier is it can be difficult to instill enthusiasm or information about an EBNP if turnover is high; there is a shortage of experienced nurses; and support from colleagues is lacking (Gerrish et al., 2011; Mark, Latimer, & Hardy, 2010). Due to high turnover and staff shortages, nurses are unable to leave the bedside and have limited time to participate in EBNP projects such as journal clubs, or to attend training in EBP, PICO  (Population/Intervention/Comparison/Outcome), and database searches (Brim & Schoonover, 2009; Brown, Johnson, & Appling, 2011). Nurses, as Kenny et al. (2010) found were hesitant to change their practice if the change would perceivably increase an already heavy workload. Brim & Schoonover (2009) found that some nurses believed EBNP to be an optional course of action as they were never shown a clear direction of what EBNP is essential to nursing and his/her practice. One of the main premises of EBNP is that the evidence and the v alues and beliefs of the patient/s are synthesised together to form an EBNP which is foremost favourable for a positive outcome for the patient/s (Fernandez et al., 2008). Such factors as treatment, travel, and prescription costs; denial of diagnosis; inadequate knowledge level of disease and strategies to decrease risk factors; lack of social support; and cultural issues can all potentially become barriers to implementing an EBNP for a patient or patients (Fernandez et al., 2008). The high acuity of an intensive care unit (ICU) patient significantly affects a nurse’s ability to search a database for answers (Brim & Schoonover, 2009; Kenny et al., 2010). An answer to a question is usually needed immediately or momentarily; therefore, ICU nurses rely on experience, colleagues, and knowledge of evidence-based policies, procedures and guidelines (Eizenberg, 2011; Gerrish et al., 2011). I know I rely heavily upon in-services, experience, and speaking with the ICU Clinical Nurse Educators and Nurse Educators who will do a literature search to acquire information or answers to a question I have posed – but once again this evidence/information h as been synthesised by others and is third hand and I have not fully practiced EBN (Eizenberg, 2011; Gerrish et al., 2011). To try and challenge this barrier I do try and read the clinical information the educator obtained at a later date – usually at home or on a break. Strategies to overcome these challenges and barriers abound from EBP and EBNP journal articles and books. Some of the leading strategies are for the organisation to fully support EBNP through infrastructure, strong leadership from nurse managers and/or advanced practice nurses, and by ensuring a context in which EBNP can flourish (Gerrish et al., 2011; Tolson et al., 2008). The infrastructure needs to provide access to a computer which can access online databases. Infrastructure needed to be in place includes a staffed evidence based nursing library with a librarian able to educate nurses on the process of  EBNP (Pochciol & Warren, 2009). The added challenge is to have EBNP info accessible to the nurse at the patient’s bedside (Pochciol & Warren, 2009). Nursing leaders need a Master’s degree or above, as studies show that leaders with these credentials read and implement more research literature; are more confident; and they consider themselves more competent in supporting others through the EBNP process (Eizenberg, 2011; Gerrish et al., 2011). Leaders, as suggested by Cullen et al. (2011), hold the responsibility to provide support; to build, to create, and maintain an organisational culture that has the capacity to support EBP at both a clinical and administration level. Leaders must be given the power, authority, and support to introduce change – without this authority change cannot occur (Eizenberg, 2011). Scholars agree that if EBNP is to succeed and be sustainable nurses need to be educated and mentored on the implementation process of EBNP (Brim & Schoonover, 2009; Brown et al., 2011; Eizenberg, 2011; Gerrish et al., 2011; Pochciol & Warren, 2009; Ross, 2010; Tolson et al., 2008). EBNP education of nurses needs to begin at orientation to the hospital and is essential that this education is continually built upon and supported with extra education given to nurse managers, educators and advanced practice nurses (Pochciol & Warren, 2009 & Tolson et al, 2008). Ross (2010) suggests nurses information literacy be improved to ensure nurses are able to practice EBN. Information literacy is the ability to competently recognise, locate, and evaluate the fundamental information required at a given point (Ross, 2010). The ICU, where I am employed, has undergone significant changes to the staff and managerial side of the unit. At one point the Clinical Nurse Specialists ratio decreased to less than 5% of nursing staff and there was not a permanent full time Clinical Nurse Consultant. Without the necessary support acquired from these roles the education of ICU nurses and the implementation of new practices, policies and procedures decreased significantly. These barriers significantly halted EBNP from occurring in the ICU as there were very few highly educated leaders available to support EBNP. As suggested by Eizenberg, (2011), Gerrish et al. (2011), and Cullen et al. (2011), educated leaders and managers are needed to keep and instill EBNP to an institution. To obtain Magnet Status hospitals must ensure that EBNP is in place, is supported, and is sustained by the organisation (Brown et al., 2011). To procure nurse  interest in EBNP, and maintain Magnet Status, some hospitals have linked participation in EBNP to clinical ladder advancement and a monetary reward in the form of a wage increase with advancement up the ladder (Whitmer, Aver, Beerman, & Weishaupt, 2011). To hold their position on the clinical advancement ladder the nurse must show, yearly, that he/she is supporting, or implementing, or participating in EBNP within the setting they are employed (Whitmer et al, 2011). The benefits of practicing EBN includes: patients ability to access effective evidence based treatment information; facilitates consistent improvement, through decision making, to healthcare systems; facilitates decisions based on up-to-date evidence and technologies; and reduces variances in nursing care from one nurse to another – standard and competencies are evidence based and consistent; through evidence based competencies the professional status of nursing is elevated to higher heights (Gerrish et al., 2011; Eizenberg, 2011). In conclusion, the challenges/barriers, barrier strategies, and benefits of EBNP has been discussed. Little discussion on EBNP within an ICU was attempted as the ICU nurses face the same situations, challenges/barriers, strategies and benefits as nurses in other areas of healthcare (Sciarra, 2011). Nurses must be given organisational support, education and knowledge needed to participate proficiently in EBNP. References Brim, C. B., & Schoonover, H. D. (2009). Lessons learned while conducting a clinical trial to facilitate evidence-based practice: the neophyte researcher experience. The Journal of Continuing Education in Nursing, 40(8), 380-384. DOI: 10.3928/00220124-20090723-06 Brown, C. R., Johnson, A. S., & Appling, S. E. (2011). A taste of nursing research: an interactive program, introducing evidence-based practice and research to clinical nurses. Journal for Nurses in Staff development, 27(6), E1-E5. DOI: 10.1097/NND.0b013e3182371190 Cullen, L., Titler, M. G., & Rempel, G. (2011). An advanced educational program promoting evidence-based practice. Western Journal of Nursing Research, 33(3), 345-364. DOI: 10.1177/0193945910379218 Eizenberg, M. M. (2011). Implementation of evidence-based nursing practice: nurses’ personal and professional factors? Journal of Advanced Nursing, 67(1), 33-42. DOI: 10.1111/j.1365-2648.2010.05488.x Fernandez, R. S., Davidson, P., & Griffiths, R. (2008). Cardiac rehabilitation coordinators’ perceptions of patient-related barriers to implementing cardiac evidence-based guidelines. Journal of Cardiovascular Nursing, 23(5), 449-457. Gerrish, K., Guillaume, L., Kirshbaum, M., McDonnell, A., Tod, A., & Nolan, M. (2011). Factors influencing the contribution of advanced practice nurses to promoting evidence- based practice among front-line nurses: findings from a cross-sectional survey. Journal of Advanced Nursing, 67(5), 1079-1090. DOI: 10.1111/j.1365-2648.2010.05560.x Hutchinson, A. M., & Johnston, L. (2006). Beyond the BARRIES Scale: commonly reported barriers to research use. Journal of Nursing Administration, 36(4), 189-199. Kenny, D. J., Richard, M. L., Ceniceros, X., & Blaize, K. (2010). Collaborating across services to advance evidence-based nursing practice. Nursing Research, 59(1S), S11-S21. Mark, D. D., Latimer, R. W., & Hardy, M. D. (2010). â€Å"Stars† aligne d for evidence-based practice. A TriService initiative in the Pacific. Nursing Research, 59(S1), S48-S57. Matula, P. (2005). Evidence-based practice at the bedside: Igniting the spirit of inquiry. The Pennsylvania Nurse, Dec, 22. Melnyk, B. M., Fineout-Overholt, E., Stillwell, S. B., & Williamson, K. M. (2010). The seven steps of evidence-based practice. Following this progressive, sequential approach will lead to improved health care and patient outcome. The American Journal of Nursing, 110(1), 51-53. Pochciol, J. M., & Warren, J. I. (2009). An information technology infrastructure to enable evidence-based nursing practice. Nursing Administration Quarterly, 33(4), 317-324. Ross, J. (2010). Information literacy for evidence-based practice in perianesthesia nurses: readiness for evidence-based practice. Journal of PeriAnesthesia Nursing, 25(2), 64-70. DOI: 10.1016/j.jopan.2010.01.007 Sciarra, E. (2011). Impacting practice through evidence-based education. Dimensions of Critical Care Nursing, 30(5), 269-275. DOI: 10.1097/DCC.0b.013e318227738c Tolson, D., Booth, J., & Lowndes, A. (2008). Achieving evidence-based nursing practice: impact of the Caledonian development model. Journal of Nursing Management, 16, 682-691. DOI: 10.1111/j.1365-2834.2008.00889.x Whitmer, K., Aver, C., Beerman, L., & Weishaupt, L. (2011). Launching evidence-based nursing practice. Journal for Nurses in Staff Development, 27(2), E5-E7. DOI: 10.1097/NND.0b013e31820eefd2 Wolf, Z. R. (2005). Clinical challenges and evidence based nursing practice. The Pennsylvania Nurse, Dec, 20.

Understanding the French Expression Pas Mal

The French expression pas mal (pronounced pah-mahl) is a handy phrase to know because you can use it in a variety of ways in casual conversation. Literally translated, it means not bad in English and can be used to respond to common questions such as  Ãƒ §a va? or  comment allez-vous? But pas mal  can also be used as an exclamation of approval, along the lines of nice job, way to go!   Theres also another, completely different way to use pas mal: in reference to a fair amount/number or quite a bit of something. It can be used with nouns, in which case it must be followed by de, as well as with verbs. Note that there is no  ne to go with the pas and that de follows the rules of other adverbs of quantity, meaning that even in front of plural nouns its usually de not des.   Examples Tu las fait en dix minutes? Pas mal! You did it in 10 minutes? Not bad / Way to go!Il gagne pas mal dargent. He earns quite a bit of money.Jai pas mal de questions. I have quite a few / a fair number of questions.Nous avons discutà © pas mal didà ©es. We discussed quite a few ideas.Elle a pas mal voyagà ©. She has traveled quite a bit.Vous allez voir pas mal là  -bas. Youre going to see quite a bit over there.