Needs Artificial Insulin - 3758 Words

Stand on a street corner and ask people if they know what insulin is, and many will reply, Doesnt it have something to do with blood sugar? Indeed, that is correct, but such a response is a bit like saying Mozart? Wasnt he some kind of a musician? Insulin is a key player in the control of intermediary metabolism. It has profound effects on both carbohydrate and lipid metabolism, and significant influences on protein and mineral metabolism. Consequently, derangements in insulin signaling have widespread and devastating effects on many organs and tissues. To our surprise, insulin was the first hormone identified (late 1920s) which won the doctor and medical student who discovered it the Nobel Prize (Banting and Best). They discovered†¦show more content†¦They produce insulin, but their bodies do not use it effectively or properly. While many modern diseases plague society, diabetes has been known for many centuries (Juvenile Diabetes Foundation, 1-3). Type I diabetes is usually diagnosed in children and young adults and was previously known as juvenile diabetes. In type I diabetes, the body does not produce insulin. Insulin is necessary for the body to be able to use sugar. Sugar is the basic fuel for the cells in the body, and insulin takes the sugar from the blood into the cells. When sugar builds up in the blood instead of going into cells, it can cause two problems: cells may be starved for energy, and over time, high blood sugar levels may hurt your eyes, kidneys, nerves, or heart. Type 1 Diabetes usually develops due to an autoimmune disorder. This is when the bodys immune system behaves inappropriately and starts seeing one of its own tissues as foreign. In the case of Type 1 Diabetes, the islet cells of the pancreas that produce insulin are seen as the enemy by mistake. The body then creates antibodies to fight the foreign tissue and destroys the islet cells ability to produce insulin. The lack of sufficient insulin thereb y results in diabetes. It is unknown why this autoimmune diabetes develops. Most often it is a genetic tendency. Sometimes it follows a viral infection such as mumps, rubella, cytomegalovirus, measles, influenza, encephalitis,Show MoreRelatedThe Effects of Fast Food1200 Words   |  5 Pagesbell etc. produces artificial foods meaning there are no real ingredients in the food they serve to their customers. Fast food is not healthy for people because people are gaining weight excessively, the food contains unhealthy contents, and all the unhealthy ingredients can cause diabetes or other serious health issues. Fast food causes people to gain weight excessively. If the parents eat fast food everyday then they are most definitely feeding it to their children who need nutrients and healthyRead MoreTypes And Types Of Insulin1515 Words   |  7 Pagesspecial cells in the pancreas called the beta cells release Insulin. Insulin is a hormone which causes cells to take in the glucose and use it as energy or store it as fat. Diabetes, a lifelong metabolism disorder causes high blood sugar levels. There are three major types of Diabetes- 1. Type-1 diabetes- It occurs when the immune system mistakenly attacks and kills the beta cells in pancreas resulting in no or very little production of insulin in body. As a result, glucose builds up in the blood insteadRead MoreArtificial Sweeteners Should Be Banned1279 Words   |  6 Pages Artificial sweeteners should be banned because of their harmful effects Kaleb Kassaye Nova Southeastern University [Comp 1050 EV2: Kevin Dvorak] â€Æ' The use of artificial sweeteners in beverages and food has been on a steady rise since 1969, the year it was authorized in the United States of America. The popularity of artificial sweeteners has been on a rise because of the benefit that it is a zero calorie sweetener .Even though artificial sweeteners have some great benefits many scientists believeRead MoreHigh Fructose Corn Syrup (HFCS)909 Words   |  4 Pagesper gram. So, what is the difference? In normal sugar (sucrose) the bond between fructose and glucose are chemically bonded and the body needs to digest sucrose to break the chemical bond before the body can absorb the fructose and glucose into the bloodstream. High fructose corn syrup on the other hand are just blended together which concludes that it does not need to be digested before it goes through the metabolic system and is absorbed into the bloodstream. HFCS became popular in the food industryRead MoreTypes Of Diabetes Mellitus And Treatment For Each Type1563 Word s   |  7 PagesDiabetes mellitus is a chronic disease that occurs in millions of Americans. It occurs when the body cannot secrete insulin or when the insulin secreted is not effectively utilized. This disease can be silent in the beginning stages yet deadly once the organs suffer severe damage along with the nerves and blood vessels. Type one and type two diabetes are comparable but have many differences which will be discussed. Introduction Statistics list diabetes as being the 7th deadliest diseaseRead MoreAdvantages And Disadvantages Of Stevia874 Words   |  4 Pagespure sugar crystals. Stevia powder, according to Ray Sahelian and Donna Gates, Authors of The Stevia Cookbook, goes 48 times farther than an equivalent amount of cane sugar. In other words, if a given recipe calls for 1 cup of sugar, you would only need to add 1 teaspoon of powder to achieve the same level of sweetness! This sounds quite remarkable on paper, but some would not describe stevia’s taste as being sweeter than sugar. For some people, the taste of stevia has become the deciding factorRead MoreSymptoms And Treatment Of Diabetes1442 Words   |  6 Pagespeople have to watch everything they eat and how much sugar they take in because they have a chronic illness called diabetes. â€Å"When you have diabetes, your body either doesn’t make enough insulin or can’t use its own insulin as well as it should.† (Centers for Disease Control and Prevention [CDC] 2015) Insulin is a hormone made by the pancreas that is located near the stomach and is used to help the glucose get to cells around the body. This disease is characterized by high blood glucose levelsRead MoreThe Is The Complex Medical Condition Of Diabetes Mellitus ( Diabetes )872 Words   |  4 PagesThe Need Diabetes is the complex medical condition by which the entire body is affected and in turn requires daily self-care. In reference to the Better Health Channel (2015), diabetes mellitus (diabetes) is the potentially life-threatening condition where the pancreas loses its ability to produce insulin at a rate that is able to maintain and regulate blood glucose levels in order for the body to work effectively (Diabetesaustralia.com.au, 2015). The Insulin Patch serves as an alternative solutionRead MoreType 1 Diabetes Mellitus1548 Words   |  7 PagesType 1 diabetes mellitus is an autoimmune disease that results in insulin dependence due to failure of secretion of the hormone insulin by beta cells in the pancreas. Type 1 diabetes usually manifests in childhood, 20 years of age – the reason for which it was formerly termed juvenile diabetes, and is more prevalent in Caucasians then in any other ethnicity (Diabetes Basics, n.d.). The key to proper management is early detection, patient education, and most importantly patient compliance. TheRead MoreDiabetes: Types, Causes, and Effects773 Words   |  3 Pagesinitially caused by the imbalance of glucose in the body. Glucose is a sugar that the bodys cells need in order to survive (PubMed 2012). It provides it with the energy necessary to allow the body to function on a day to day basis. Different factors lead to the uncontrollable nature of glucose that defines diabetes. In Type I Diabetes, the body does not have the ability to produce insulin. Insulin is a hormone secreted from an organ called the pancreas which acts as a receptor on individual cells

Essay on Alarm Fatigue - 1647 Words

Alarm Fatigue Alarm fatigue is a growing national problem within the health care industry that links medical technology as a serious hazard that poses a significant threat to patient safety within hospitals across the country. Alarm fatigue occurs when nurses encounter an overwhelming amount of alarms thus becoming desensitized to the firing alarms. Alarm desensitization is a multifaceted issue that is related to the number of alarming medical devices, a high false alarm rate, and the lack of alarm standardization in hospitals today (Cvach, 2012). Desensitization can lead to delayed response times, alarms silenced or turned off, or alarms adjusted to unsafe limits, which can create a dangerous situation for the patient. Alarm fatigue†¦show more content†¦378). Hospitals have an array of medical devices at the bedside that have alarms, which have grown significantly within recent years. Nurses may be exposed to over 350 physiologic alarm monitors per day, resulting in s ensory overload thus leading to desensitization. When the alarm sounds it should be corrected immediately, even though it may be a false alarm or no issues with the patient. The Joint Commission has identified alarm fatigue as a 2014 National Patient Safety Goal, requiring hospitals â€Å"to establish improvement of alarm system safety as an organization priority† (as cited in Horkan, 2014, p. 83). Alarms are deliberately designed for high sensitivity so that nurses do not miss a true event. Firing alarms are usually muted, disabled or ignored by nurses altogether because alarms are viewed as a nuisance. Alarm hazards have generated national attention, in one highly publicized case an alarm sounded for 75 minutes before a nurse responded to a patient’s heart monitor that needed a battery replaced. When the nurse finally went to change the battery the patient was found unresponsive and could not be resuscitated because he had gone into cardiac arrest (Sendelbach Fu nk, 2013). The patient’s heart monitor battery eventually died and did not issue the critical alarm alert. In another event, a patient fell getting out of bed and bleed to death because the nurseShow MoreRelatedAlarm Anxiety Of Alarm Fatigue1361 Words   |  6 Pagescombat safety issues is by using different alarm systems to alert staff to issues in patient rooms. The many different alarms can be beneficial but can also cause a phenomenon that is referred to as alarm fatigue. Alarm fatigue is defined as a condition of sensory overload for staff members who are exposed to an excessive number of alarms (Blake, 2014). It is a national problem and the number one medical device technology hazard in 2012. The problem of alarm desensitization is multifaceted and couldRead MoreAlarm Fatigue : A Critical Problem1206 Words   |  5 Pages Alarm fatigue is a critical problem in health care setting. Nurses may not respond to alarms because they know that most of them are false or non-actionable. Sometimes, the alarms become the noises that nurses no longer hear because they are heard all the time. In addition to ignore alarms, nurses may also reduce audible alarm levels, change alarm limits, and inappropriately silence or deactivate alarms (Cvach, 2012). The alarm fatigue has led to sentinel events and deaths of patientsRead MorePlan of Action: Monitor and Alarm Fatigue1968 Words   |  8 PagesMonitor fatigue has been an issue ever since the technology to monitor patients was developed. The problem has gotten worse as technology has advanced and the number of alarms in the hospital increased. The average ICU has â€Å"over 40 different alarms† (Sendelbach Jepsen, 2013). Monitor fatigue is related to any type of monitoring device used in the hospital making the scope of the problem rather large as monitors r ange from bed alarms to telemetry monitors. In June 2013 the Joint Commission approvedRead MoreThe Importance Of Alarm Fatigue And Its Effects On The Number Of False And Non Actionable Alarms1902 Words   |  8 Pagestraditional education had a greater impact on the number of false and non-actionable alarms over presenting education in an online educational format. Evidence supports that alarm fatigue is a nursing problem that puts patients at risk for ham. Reducing the number of nuisance alarms decreases the occurrence of alarm fatigue among registered nurses. Evidence also supports patient harm is lessened when alarm fatigue is reduced (Sendelbach, S., Funk, M. 2013). Nurses are ethically obligated to reduceRead Moremonitor alarm fatigue Essay1248 Words   |  5 PagesMonitor Alarm Fatigue Courtney Conner University of South Alabama Strategies to Reduce Monitor Alarm Fatigue Monitor alarms are designed to alert caregivers to changes in a patient’s condition and can save lives, but majority of the alarms do not require clinical intervention. However, as the number of alarms encountered by clinicians on a daily basis rises, it has become difficult for caregivers to distinguish between clinically significant alarms and nuisance alarms. As a result, alarm fatigue hasRead MoreAlarm Fatigue : A Critical Patient Safety Alert1362 Words   |  6 Pagespatient safety hazard known as â€Å"alarm fatigue†. Alarm fatigue occurs when caregivers are desensitized by the frequent sounding of competing alarms from medical equipment, and other sources in a healthcare setting. Clinical alarms can be unintentionally overlooked as background noise, and drown out actionable warning signs that require vital clinical interventions. These alarm safety issues have led to unfavorable and, at times, even fatal patient outcomes. Alarm fatigue is a complex and multi-facetedRead MoreAlarm Fatigue : A Worldwide Professional Organization Essay967 Words   |  4 PagesAlarm fatigue was brought into the spotlight in recent years because of adverse patient outcomes. These sentinel events triggered the Joint Commission to make alarm safety a goal in 2014, and mandating policies and procedures to be in place by 2016 for better monitoring and observance of alarms. I decided to highlight this topic since a large part of a critical care nurse’s daily routine is silencing alarms for monitors, pumps, ventilators, beds and call lights. In my personal experience inappropriatelyRead MoreA Short Note On Alarm Fatigue And Alarm Management993 Words   |  4 Pagesthat one methodology of educating the registered nurses to alarm fatigue and alarm management will be more effective over the other in reducing the number of false and non-actionable alarms. The expectation is to determine which educational methodology, onlin e or traditional, will have a greater impact on the alarm management behavior of the nursing staff in the cardiac intensive care unit. This will be evident if the number of nuisance alarms are affected by one or the other educational methodologyRead MoreAlarm Fatigue: A Concept Analysis2650 Words   |  11 Pages Alarm Fatigue in Health Care: A Concept Analysis Chamberlain College of Nursing NR-501: Theoretical Basis for Advanced Nursing Practice Alarm Fatigue in Health Care: A Concept Analysis Alarm fatigue in health care has grown to be an ever-growing concern in the health care arena, especially when looking at patient safety concerns. There must be an understanding of the problem before we can develop policies and effective strategies to counter this problem. The concept of alarm fatigue in healthRead More Alarm Fatigue and its Effects on Quality Patient Care Essay1951 Words   |  8 Pagescontinuously assess the patients’ status, and alarm if the patients’ status drops below what is considered normal. The increased use of monitoring devices has created a new phenomenon known as alarm fatigue. According to the ECRI institute (2011), â€Å"alarm fatigue occurs when the sheer number of alarms overwhelms staff and they become desensitized to the alarms resulting in delayed alarm response and missed alarms-often resulting in patient harm or even death.† Alarm fatigue has become a major problem within

Motivation and Leadership

Question: Describe about the Motivation and Leadership. Answer: Introduction The term motivation is defined as the process that accounts for the individuals intensity, persistence and directions of efforts towards attaining a desired goal. It implies an inner sensation that drives an individual to preserve something and positively. When it articulates with the term leadership it creates a positive atmosphere among several employees in an organizational management. Leaders are used to channels motivation into practical use. In this assignment, the researcher has manipulated the concept of leadership development and change management based on the mentioned scenario. This assignment is totally based on critical thinking analytics with the core strategy concept of leadership and motivation development in an organizational management and in business enterprise. Overview of the Scenario and Concept In the provided scenario, it has been preferred the branch manager of PNC bank and the methods applies to motivate and inspire bankers in the sector of banking industry so that it become successful in its job role. The term Leadership and motivation plays a vital role in every common workplace environment (Draft, 2014). As a manager of the PNC bank there is need of emergence to increase the motivation rate and leadership enhancing qualities in a banking industry. Content/Critical Thinking Analysis Key concept A critical analysis is a subjective writing as it expresses the author evaluation and experience of a text. The term analysis implies breaking down and critically examines the parts (Spillane, 2012). The concept of critical analysis comprises of two general steps: identify the author purpose and thesis. In the context of above scenario, the manager want to motivate and satisfy the bankers and as well as the employees by availing the leadership qualities in an organizational management. Theories and Models The theories and models of leadership, motivation and development include varieties of concepts that must be present in a professional banking manager (Chemers, 2014). In the current scenario, the manager of PNC bank want to motivate and lead the bankers so that they success in their job role. Being a manager there are various ways to motivate the leaders which initially includes better complexion of communication, offerings of telecommunication option, offering of work bonus and etc. The manager must maintain a clean and efficient relationship; and fulfill all customer demands. Being a manager, the bank must improve the service of customers and provide all such necessary facilities to its employees; so that the employees feels good and tends to impoverish the customer services which is very important for a banking industry. The researcher has provided models of motivation which are illustrated below: Figure 1: Theory of Motivation (Source: Created by author) The above model is illustrated by the researcher itself to make a direct reflection in a banking industry. The highlighted factors of motivation reflected above help the manager of PNC bank to attract and motivate customers and its employees. The motivation theory of employees comprises of two segments which generally include common hygiene factor and motivating factor (Spillane, 2012). Hygiene factor are divided into four subparts which initially include salary and pay, social needs, companies policy and job securities; whereas general motivating factors comprises of recognition, responsibility, advancement of self esteem and maturity of work portfolio. The provided book of leadership, motivation and development is very helpful in case of manger to motivate the bankers and as well as the customer. Application of theory There are many theories of motivation and leadership. The professionals working in a positive environment requires certain consequences and assumptions regarding motivating and enhancing employees; so that they can provide efficient services to its ultimate customers at a glance. In an industry like banking, the satisfaction of customers and its services, leadership, motivation holds a very important aspect to make virtualization of business activities (Draft, 2014). Based on the above scenario, it is obvious that the concept of leadership plays a very eminent role in shaping the needs of every organizational management (Weiner, 2013). The theories that have been provided with this assignment are sorely related to the concept of leadership, motivation and development. In the provided book it have been mentioned that the personal qualities of a good leadership which includes responsibility, persistence, initiative and sociability must be present in a leader; which tends to motivate cu stomer and staff members to work efficiently and effectively (Peters, 2015). The outcomes of leadership have also been reflected by maintaining the trust and faith among various intellectual customers which is very important in a banking sector. Figure 2: Application Theory (Source: Li, Tan Teo, 2012, pp-260) The key points of leadership like fulfilling ambition, consumption of energy, tenacity and initiative helps the organizational management to make ensure and increases flexibility among employees and customers (Draft, 2014). The book focuses on varieties of leadership traits that must be present in a professional individual which generally includes drive, achievement, self confidence, ability of cognitive that motivate the customers and bankers to make clear complexion and attract towards bank portfolio work management (Schunk Zimmerman, 2012). Conclusion This assignment concludes with the broad concept of leadership development and motivation in a banking industry. As a manager it is very important to maintain and increase the efficiency of motivation in common workplace environment to satisfy customer and its employees. Throughout, this entire study the concept of leadership and motivation consideration has taken into account with some valuable points and strategy. The concept of leadership and development has become excessively important for all organizational management; as it sustains a behaviors and attributes of leader. As a manager, the tendency to satisfy bankers with banking core strategy services has resulted many customers to choose other banking services; so there is need of emergence to improve the consumer services by motivating and enhancing bankers and employees by attracting banking offers and services. References Chemers, M. (2014). An integrative theory of leadership. Psychology Press. Chhokar, J. S., Brodbeck, F. C., House, R. J. (Eds.). (2013). Culture and leadership across the world: The GLOBE book of in-depth studies of 25 societies. Routledge. Daft, R. (2014). The leadership experience. Cengage Learning. Golub, T. L., Ol ar, D., Rijavec, M. (2014, July). The role of motivation and academic social context in study-related flow and burn-out. In 7th European conference on positive psychology. Li, Y., Tan, C. H., Teo, H. H. (2012). Leadership characteristics and developers motivation in open source software development. Information Management, 49(5), 257-267. Peters, R. S. (2015). The concept of motivation. Routledge. Pinder, C. C. (2014). Work motivation in organizational behavior. Psychology Press. Schunk, D. H., Zimmerman, B. J. (Eds.). (2012). Motivation and self-regulated learning: Theory, research, and applications. Routledge. Spillane, J. P. (2012). Distributed leadership (Vol. 4). John Wiley Sons. Weiner, B. (2013). Human motivation. Psychology Press.

Motivation and Leadership

Question: Describe about the Motivation and Leadership. Answer: Introduction The term motivation is defined as the process that accounts for the individuals intensity, persistence and directions of efforts towards attaining a desired goal. It implies an inner sensation that drives an individual to preserve something and positively. When it articulates with the term leadership it creates a positive atmosphere among several employees in an organizational management. Leaders are used to channels motivation into practical use. In this assignment, the researcher has manipulated the concept of leadership development and change management based on the mentioned scenario. This assignment is totally based on critical thinking analytics with the core strategy concept of leadership and motivation development in an organizational management and in business enterprise. Overview of the Scenario and Concept In the provided scenario, it has been preferred the branch manager of PNC bank and the methods applies to motivate and inspire bankers in the sector of banking industry so that it become successful in its job role. The term Leadership and motivation plays a vital role in every common workplace environment (Draft, 2014). As a manager of the PNC bank there is need of emergence to increase the motivation rate and leadership enhancing qualities in a banking industry. Content/Critical Thinking Analysis Key concept A critical analysis is a subjective writing as it expresses the author evaluation and experience of a text. The term analysis implies breaking down and critically examines the parts (Spillane, 2012). The concept of critical analysis comprises of two general steps: identify the author purpose and thesis. In the context of above scenario, the manager want to motivate and satisfy the bankers and as well as the employees by availing the leadership qualities in an organizational management. Theories and Models The theories and models of leadership, motivation and development include varieties of concepts that must be present in a professional banking manager (Chemers, 2014). In the current scenario, the manager of PNC bank want to motivate and lead the bankers so that they success in their job role. Being a manager there are various ways to motivate the leaders which initially includes better complexion of communication, offerings of telecommunication option, offering of work bonus and etc. The manager must maintain a clean and efficient relationship; and fulfill all customer demands. Being a manager, the bank must improve the service of customers and provide all such necessary facilities to its employees; so that the employees feels good and tends to impoverish the customer services which is very important for a banking industry. The researcher has provided models of motivation which are illustrated below: Figure 1: Theory of Motivation (Source: Created by author) The above model is illustrated by the researcher itself to make a direct reflection in a banking industry. The highlighted factors of motivation reflected above help the manager of PNC bank to attract and motivate customers and its employees. The motivation theory of employees comprises of two segments which generally include common hygiene factor and motivating factor (Spillane, 2012). Hygiene factor are divided into four subparts which initially include salary and pay, social needs, companies policy and job securities; whereas general motivating factors comprises of recognition, responsibility, advancement of self esteem and maturity of work portfolio. The provided book of leadership, motivation and development is very helpful in case of manger to motivate the bankers and as well as the customer. Application of theory There are many theories of motivation and leadership. The professionals working in a positive environment requires certain consequences and assumptions regarding motivating and enhancing employees; so that they can provide efficient services to its ultimate customers at a glance. In an industry like banking, the satisfaction of customers and its services, leadership, motivation holds a very important aspect to make virtualization of business activities (Draft, 2014). Based on the above scenario, it is obvious that the concept of leadership plays a very eminent role in shaping the needs of every organizational management (Weiner, 2013). The theories that have been provided with this assignment are sorely related to the concept of leadership, motivation and development. In the provided book it have been mentioned that the personal qualities of a good leadership which includes responsibility, persistence, initiative and sociability must be present in a leader; which tends to motivate cu stomer and staff members to work efficiently and effectively (Peters, 2015). The outcomes of leadership have also been reflected by maintaining the trust and faith among various intellectual customers which is very important in a banking sector. Figure 2: Application Theory (Source: Li, Tan Teo, 2012, pp-260) The key points of leadership like fulfilling ambition, consumption of energy, tenacity and initiative helps the organizational management to make ensure and increases flexibility among employees and customers (Draft, 2014). The book focuses on varieties of leadership traits that must be present in a professional individual which generally includes drive, achievement, self confidence, ability of cognitive that motivate the customers and bankers to make clear complexion and attract towards bank portfolio work management (Schunk Zimmerman, 2012). Conclusion This assignment concludes with the broad concept of leadership development and motivation in a banking industry. As a manager it is very important to maintain and increase the efficiency of motivation in common workplace environment to satisfy customer and its employees. Throughout, this entire study the concept of leadership and motivation consideration has taken into account with some valuable points and strategy. The concept of leadership and development has become excessively important for all organizational management; as it sustains a behaviors and attributes of leader. As a manager, the tendency to satisfy bankers with banking core strategy services has resulted many customers to choose other banking services; so there is need of emergence to improve the consumer services by motivating and enhancing bankers and employees by attracting banking offers and services. References Chemers, M. (2014). An integrative theory of leadership. Psychology Press. Chhokar, J. S., Brodbeck, F. C., House, R. J. (Eds.). (2013). Culture and leadership across the world: The GLOBE book of in-depth studies of 25 societies. Routledge. Daft, R. (2014). The leadership experience. Cengage Learning. Golub, T. L., Ol ar, D., Rijavec, M. (2014, July). The role of motivation and academic social context in study-related flow and burn-out. In 7th European conference on positive psychology. Li, Y., Tan, C. H., Teo, H. H. (2012). Leadership characteristics and developers motivation in open source software development. Information Management, 49(5), 257-267. Peters, R. S. (2015). The concept of motivation. Routledge. Pinder, C. C. (2014). Work motivation in organizational behavior. Psychology Press. Schunk, D. H., Zimmerman, B. J. (Eds.). (2012). Motivation and self-regulated learning: Theory, research, and applications. Routledge. Spillane, J. P. (2012). Distributed leadership (Vol. 4). John Wiley Sons. Weiner, B. (2013). Human motivation. Psychology Press.

Motivation and Leadership

Question: Describe about the Motivation and Leadership. Answer: Introduction The term motivation is defined as the process that accounts for the individuals intensity, persistence and directions of efforts towards attaining a desired goal. It implies an inner sensation that drives an individual to preserve something and positively. When it articulates with the term leadership it creates a positive atmosphere among several employees in an organizational management. Leaders are used to channels motivation into practical use. In this assignment, the researcher has manipulated the concept of leadership development and change management based on the mentioned scenario. This assignment is totally based on critical thinking analytics with the core strategy concept of leadership and motivation development in an organizational management and in business enterprise. Overview of the Scenario and Concept In the provided scenario, it has been preferred the branch manager of PNC bank and the methods applies to motivate and inspire bankers in the sector of banking industry so that it become successful in its job role. The term Leadership and motivation plays a vital role in every common workplace environment (Draft, 2014). As a manager of the PNC bank there is need of emergence to increase the motivation rate and leadership enhancing qualities in a banking industry. Content/Critical Thinking Analysis Key concept A critical analysis is a subjective writing as it expresses the author evaluation and experience of a text. The term analysis implies breaking down and critically examines the parts (Spillane, 2012). The concept of critical analysis comprises of two general steps: identify the author purpose and thesis. In the context of above scenario, the manager want to motivate and satisfy the bankers and as well as the employees by availing the leadership qualities in an organizational management. Theories and Models The theories and models of leadership, motivation and development include varieties of concepts that must be present in a professional banking manager (Chemers, 2014). In the current scenario, the manager of PNC bank want to motivate and lead the bankers so that they success in their job role. Being a manager there are various ways to motivate the leaders which initially includes better complexion of communication, offerings of telecommunication option, offering of work bonus and etc. The manager must maintain a clean and efficient relationship; and fulfill all customer demands. Being a manager, the bank must improve the service of customers and provide all such necessary facilities to its employees; so that the employees feels good and tends to impoverish the customer services which is very important for a banking industry. The researcher has provided models of motivation which are illustrated below: Figure 1: Theory of Motivation (Source: Created by author) The above model is illustrated by the researcher itself to make a direct reflection in a banking industry. The highlighted factors of motivation reflected above help the manager of PNC bank to attract and motivate customers and its employees. The motivation theory of employees comprises of two segments which generally include common hygiene factor and motivating factor (Spillane, 2012). Hygiene factor are divided into four subparts which initially include salary and pay, social needs, companies policy and job securities; whereas general motivating factors comprises of recognition, responsibility, advancement of self esteem and maturity of work portfolio. The provided book of leadership, motivation and development is very helpful in case of manger to motivate the bankers and as well as the customer. Application of theory There are many theories of motivation and leadership. The professionals working in a positive environment requires certain consequences and assumptions regarding motivating and enhancing employees; so that they can provide efficient services to its ultimate customers at a glance. In an industry like banking, the satisfaction of customers and its services, leadership, motivation holds a very important aspect to make virtualization of business activities (Draft, 2014). Based on the above scenario, it is obvious that the concept of leadership plays a very eminent role in shaping the needs of every organizational management (Weiner, 2013). The theories that have been provided with this assignment are sorely related to the concept of leadership, motivation and development. In the provided book it have been mentioned that the personal qualities of a good leadership which includes responsibility, persistence, initiative and sociability must be present in a leader; which tends to motivate cu stomer and staff members to work efficiently and effectively (Peters, 2015). The outcomes of leadership have also been reflected by maintaining the trust and faith among various intellectual customers which is very important in a banking sector. Figure 2: Application Theory (Source: Li, Tan Teo, 2012, pp-260) The key points of leadership like fulfilling ambition, consumption of energy, tenacity and initiative helps the organizational management to make ensure and increases flexibility among employees and customers (Draft, 2014). The book focuses on varieties of leadership traits that must be present in a professional individual which generally includes drive, achievement, self confidence, ability of cognitive that motivate the customers and bankers to make clear complexion and attract towards bank portfolio work management (Schunk Zimmerman, 2012). Conclusion This assignment concludes with the broad concept of leadership development and motivation in a banking industry. As a manager it is very important to maintain and increase the efficiency of motivation in common workplace environment to satisfy customer and its employees. Throughout, this entire study the concept of leadership and motivation consideration has taken into account with some valuable points and strategy. The concept of leadership and development has become excessively important for all organizational management; as it sustains a behaviors and attributes of leader. As a manager, the tendency to satisfy bankers with banking core strategy services has resulted many customers to choose other banking services; so there is need of emergence to improve the consumer services by motivating and enhancing bankers and employees by attracting banking offers and services. References Chemers, M. (2014). An integrative theory of leadership. Psychology Press. Chhokar, J. S., Brodbeck, F. C., House, R. J. (Eds.). (2013). Culture and leadership across the world: The GLOBE book of in-depth studies of 25 societies. Routledge. Daft, R. (2014). The leadership experience. Cengage Learning. Golub, T. L., Ol ar, D., Rijavec, M. (2014, July). The role of motivation and academic social context in study-related flow and burn-out. In 7th European conference on positive psychology. Li, Y., Tan, C. H., Teo, H. H. (2012). Leadership characteristics and developers motivation in open source software development. Information Management, 49(5), 257-267. Peters, R. S. (2015). The concept of motivation. Routledge. Pinder, C. C. (2014). Work motivation in organizational behavior. Psychology Press. Schunk, D. H., Zimmerman, B. J. (Eds.). (2012). Motivation and self-regulated learning: Theory, research, and applications. Routledge. Spillane, J. P. (2012). Distributed leadership (Vol. 4). John Wiley Sons. Weiner, B. (2013). Human motivation. Psychology Press.

Milkshake Factory Case Study Essay Example

Milkshake Factory Case Study Essay The story of George Stein exposes the dynamics that drive the night shift at Eastern Dairy’s milkshake factory. George was excited to join the dairy’s unionized workforce because its contributions-to-inducements balance was so favorable. As soon as he crossed the functional boundary into the organization, more specific features of George’s work group became apparent. First, there was no manager to speak of supervising the night shift. Second, horseplay was the workgroup norm, considered a natural and necessary complement to the hard work the team did every night. Although the management likely excused this as peripheral role behavior, it was relevant and desirable to the members of the night shift itself because it allowed them to cultivate camaraderie and maintain morale, giving them motivation to perform as well as participate. Management’s only expressed expectations were that the night shift complete the set of production orders they were given each night and that the equipment was spotlessly clean by 7 a. m. As long as these tasks were accomplished, the night shift was left to self-regulate. The night shift constitutes its own subculture within Eastern Dairy, and the special conditions that govern that workgroup make it discernibly different from the mainstream organizational culture. The absence of a formal manager to indoctrinate employees into organizational values such as quality management has allowed a different set of values and basic assumptions to emerge among the members of the night shift than might be held by the organization as a whole. For example, they share an implicit assumption that, where there is a conflict between workers’ best interests and quality control, the workers should win out. We will write a custom essay sample on Milkshake Factory Case Study specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Milkshake Factory Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Milkshake Factory Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer From a differentiation perspective, we can predict that the night shift’s internal consensus on this point is likely to be at odds with that of the managerial subculture. [1] If the company has the goal of total quality control, it has not taken the steps necessary to spread that philosophy throughout its ranks. Rather than sharing management’s presumed focus on the customer, the night shift is focused on doing their job quickly enough to get out of work on time. Since they have not received explicit training or communication about quality control issues, it is reasonable that they retain the view that some level of defects in the manufacturing process is normal and acceptable. If we are willing to dismiss the quality control aspects of the production line blockage issue, there remains the ethical question of what is the right way to deal with the problem. If George removes the filters as instructed, the 500 gallons of milkshake destined for public consumption will be contaminated with maggots. If he doesn’t, attempting instead to clear the filters every time one clogs, the production run will take forever, meaning everyone will have to stay late, and the equipment will not be clean in time for the start of the day shift. If the crew discards the entire contaminated batch and restarts the production run from scratch, clean-up will still be delayed to some extent, plus the company will have to waste 500 gallons of milkshake mix. The instructions management (to our knowledge) has provided to Paul indicate that it prioritizes timely completion of the production orders and subsequent clean-up over things like purity of the product. Additionally, Paul knows that, due to pasteurization, the milkshakes will not hurt anyone, and due to homogenization, the extraneous matter probably won’t even be noticed. After weighing all of these points, Paul decides to remove the filters in order to process the milkshake mix, maggots and all. Whether this is an ethical solution to the blockage depends on the system of ethics used to judge it. Paul appears to be following utilitarian ethics in his decision, by which milkshake contamination is an undesired but acceptable outcome of the action of greatest net benefit to all involved. He is not ignoring the effect of this action on the prospective drinkers of the milkshakes; he just feels that they are not affected adversely enough (due to homogenization and pasteurization) to change the assessment of greatest net benefit. According to act utilitarianism (and potentially rule utilitarianism, if the rule agrees), Paul’s decision is perfectly ethical. According to right-based ethics, however, he is acting unethically because allowing the contaminated milkshake to go to market interferes with the consumers’ rights to make an informed decision about the products they purchase. Finally,[2] an ethical egoist would be split on the issue: If George were a individual egoist, he would remove the filters without hesitation because doing so will make his life easier, but if he were a universal egoist, he would refrain from sending the contaminated batch to market because he wouldn’t like to be on the receiving end of that action. [3] George’s focus on others is apparent from the guilt he feels about the children who could find themselves drinking maggot-filled milkshakes because of his actions. Paul’s order to emove the filters falls on the cusp of George’s zone of indifference, and he considers disobeying out of concern with the morality of the request. One reason for George’s ambiguity is that he lacks the leadership defined by Mary Parker Follett. Paul may be the workgroup’s informal leader, but he has no real authority over his colleagues. He may know the technical aspects of the job, but he does not see the â€Å"big picture,† which includes the trust relationship between the dairy and its customers. He does his best to solve problems, but he hasn’t been given the resources to head them off before they occur. The solution he chooses for the blockage problem does not display the forethought of the ideal leader because it leaves the team open to potential repercussions from management and/or the public if the contamination is discovered. Nonetheless, Paul is George’s most obvious role-sender because he has the most impact on George’s daily work experience. Under the circumstances, Parker-Follett would like to see George try to influence Paul by suggesting a content innovation that miraculously solves their problem in an unforeseen way. In the end, it is not George’s responsibility – or ultimately even Paul’s – to solve the dilemma that confronts them. The management has not provided the night shift enough guidance to establish unequivocally what the organization considers the right way to proceed. The uncertainty the employees face in this situation is a good argument for formalized codes of ethics and quality control training. In the meantime, ethical relativism will prevail on the night shift: they will have to decide what is â€Å"right† based on what is best for everyone present. - [1] This assumes two things about the managerial subculture: a) it espouses a commitment to quality management, and b) its in-use values do not conflict with the espoused values. [2] Justice theories of ethics can be construed to agree with rights-based theory, but they deal to a greater degree with more over-arching questions of how society should be run. As such, justice ethics are the least appli cable to this situation. [3] Of course, a person who sees the contamination as harmless could allow it to happen without violating the â€Å"golden rule. †

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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