Proposal Design Research Example | Topics and Well Written Essays - 3250 words

Design - Research Proposal Example This could be related to any processes or concepts that are developing in any field. Now it is important to look for the reasons for the differences in the sales which might include many factors the taste, cost, availability, brand loyalty etc. and then reaching a conclusion which identifies one factor as the major reason behind the results and builds a hypothesis. To build up a strong hypothesis is important in conducting researches. All the proceedings that take place are according to the hypothesis that has been built and the independent and dependent variables suggested. Most research articles are based on the work done and research carried to enhance the existing technologies and put them to more use, others might just give a hypothesis on the basis of the surveys carried out, while some put forward a totally new theory. Taking a closer look at the various ways of report writing, the one thing that each article shares is that along with the research they all come up with a reasoning which is actually the beauty of the human mind, since it cannot rely just on the facts without going into depths to know the factors which make a certain thing happen. The topic selected for this proposal observes reflective teaching that is usually practiced at the higher education level. Reflective teaching can be defined as the process of improving the teaching methods by carrying out an investigation of one’s own teaching. In college and university levels, the method of reflective teaching is highly observed. This paper tends to review the empirical research articles of what has been said about reflective teaching by other researchers and then analyze the gaps that exist in the articles of reflective teaching. The integrated review of the articles that have been selected for this paper is being presented below. The concept of reflective teaching is gaining more popularity with time and it is becoming an important issue to

Discussion questions Assignment Example | Topics and Well Written Essays - 750 words

Discussion questions - Assignment Example There are some interrogation techniques that are more physical than lingual and this enhances the difference with interviews even further as interviews even though uses different methods such as telephone is still spoken (Gordon and Fleisher, 2010). Coercion and duress involve using psychological and emotional pressure and threats during interrogation process to try and force information from the suspects or get them to cooperate. This method is used when interview bring forth no useful information. Creating duress in a suspect only taints the process of interrogation as the suspect or prisoner refuses to cooperate once in emotional stress. Even if the prisoner was willing to cooperate at some point and willingly provide information, once subjected to psychological torture, they refuse to cooperate. Duress and coercion are used to gather particular information interrogators need or a confession they need to close the case. Using them only affects the credibility and in turn reliability of the information the suspect will provide as they may give the information needed to be heard not because it is the truth but simply to stop with the psychological and emotional torture. Application of these two cases means that the suspected criminals after being captured will not reveal any details of the crime. They refuse to tell anything to the interrogating officers because these two rights prevent them from saying anything that may incriminate them and which may later be used to send them to jail. These two rights as they are now are protected by the fifth amendment of the constitution and hence once they are established no interrogator using whatever techniques can force them to talk. This is frustrating to the interrogators who have to interrogate in front of lawyers who is simply pointless as the lawyer will advise the client not to talk or simply seek other avenues of getting the information from. Many people worldwide are

How a peace inititative started from private american university can Case Study

How a peace inititative started from private american university can save nigeria - Case Study Example Students are advised to spend sometime away from normal class hours, to research on the impact of terror on the society and the prospects for peace. This case-study requires students to come up with peace strategies. These strategies should reflect a growth-based university that serves the needs of the society. The university’s president is charged with the responsibility of developing a plan of five years that will see the university attain its target. The faculty will cooperate with the students to contribute to the growth of the university into what its founder desired it to be. The results of this case study will have an impact on northern Nigeria, whole of Nigeria and Africa at large. The university has developed a strategic plan to run for five years, beginning in 2011 with the approval of the board. The main goal of the university is to become an institution that promotes development in Nigeria and Africa at large. In this way, the faculty and students are motivated to work towards attaining this goal. In particular, students are encouraged to take up leadership courses that can prepare them to lead the community and the country in future. By taking up these classes, students will use the knowledge acquired to transform the society and bring about peaceful co-existence. The university has come up with a peace initiative, the first of its kind in Nigeria, to bring about peace and harmony in northern Nigeria. This peace initiative was occasioned by the rise in terrorism and violence among communities living in this region. Nigeria is situated in Africa to the west and is one of the largest countries in that region. Today, Nigeria is reported to be the most highly inhabited country in Africa. Nigeria has had its fair share of challenges since independence. Governance and the fight against poverty have proved to be an

Soybean Industry 5 Forces Evaluation Essay Example | Topics and Well Written Essays - 500 words

Soybean Industry 5 Forces Evaluation - Essay Example Monsanto is the leading producer of soybeans which controls a large portion of the marketplace due to their strategy of producing genetically engineer seeds. They have an advantage over another competitor because their seeds produce higher yield and the company has implemented strategies such as creating seeds that can be used for crops that will not generate new seeds, thus the buyer has to come back to Monsanto to purchase seeds for future crops. The strategy gives the company higher supplier power. Another opportunity for this leader soybean producer is the fact their seeds need a special pesticide which forces buyers to purchase the seeds and the pesticide from them. The soybean production takes place in China, India, the United States, Brazil, and Argentina. In South American particularly in Brazil, the soybean production poses a major threat to the natural habitat due to deforestation. The United States has several competitive advantages due to the subsidies offered to soybean farmers and the $1.00 per gallon incentive when soybean is used in the production of biodiesel or ethanol. Newer entrants into this industry outside the United States are not likely. An issue that poses a threat to new entrants is the rising prices of soybean are making this product less profitable than before. In a matter of a few years, the price of soybeans has gone from 22 cents a pound to the current price of 56.4 cents a pounds (Chapman, 2008). The final price of a biodiesel gallon utilizing soybeans is about a dollar and a half.

Direct Democracy Essay Example | Topics and Well Written Essays - 750 words

Direct Democracy - Essay Example Direct Democracy is a form of government in which all citizens can directly participate in the decision-making process. (Direct Democracy Campaign, Wikipedia, the free encyclopedia). Daniel B. Jeffs, founder, The Direct Democracy Center, states that the problems are due to the Government being too large and too dangerously powerful. He firmly believes that elected representatives are corrupted by a deeply flawed system that seduces them with money and power to gain and remain in office, or seek higher office and that in this process it has disenfranchised the overall electorate. Finally, he states that this system needs to be altered in such a way that it will override the practice of selective democracy by factions and vested interests. The solution according to him lies in nonpartisan elections and government with more democracy. In this age of communications and information technology, the Constitution should be amended so as to establish direct democracy by means of secure voting networks connected to voter's homes. All elections would be conducted over the voting networks. In this proposed system the elected representatives would be nonpartisan, highly qualified professional government managers. To keep it honest, with no more government than we need, well-informed voters should decide matters of taxation and public policy. And the collective judgment of our fellow citizens (which could be trusted because the direct democracy voting networks would require voters to be truthfully informed) would know what is best for all of us. (Daniel B. Jeffs, The Direct Democracy Center). The advantages of Direct Democracy are that first, it would remove the barrier between the electorate and the government. Secondly, in Representative Democracy the voter has to vote for one party or the other with no guarantee of either party addressing the issues facing the voter, on the other hand in Direct Democracy the voter will be voting on each issue separately. Thirdly, decisions will always be that of the people rather than that of a few politicians. Fourthly, it encourages people to be more proactive in the political process, this results in a more deterministic future for the voter. Fifthly, it curbs the power of the elite. Sixthly, the practice of elected representatives following the diktats of party leaders and civil servants to the detriment of the voter will cease. Seventhly, quid - pro - quo transactions between the elected representatives and the rich and powerful pressure groups will cease altogether. Eighthly, thorny and uncomfortable issues which elected represen tatives would do anything to avoid, will be addressed by this system. Ninthly, there would be control on governmental tendencies running towards the dictatorial. And finally, the system of Direct Democracy is more democratic. (Direct Democracy Campaign). The disadvantages of Direct Democracy are that: first, all citizens must be actively involved on all issues all of the time. For very large population groups, it might become well nigh impossible to do so. Secondly, the public generally gives only superficial attention to political issues and is thus susceptible to charismatic arguments. Thirdly, the decision of all or most matters

Improving Our Public Schools Essay Example for Free

Improving Our Public Schools Essay Being educated is a right, not a privilege. Whether it be in a public or private learning institution, to be educated is still what matters most. In choosing the right school for students is one of the critical decisions to arrive at a settlement. Children growing while learning are the next runners of the economy, the government, the entertainment. With their innate, infinite potentials, the quality towards learning experience is something that cannot be deprived of. Shaping them is shaping the future. But, before anything else, how can these students achieve the satisfaction of real-learning? In reality, global economy is not stable. Thus, not everyone is capable of affording their children on sending to good schools or the students themselves who work to sustain their studies can steadily stand with it. Reason why public schools are established. Student education is vital. It edifies information obtainment, organization and presentation to its receivers. If public schools are not well-maintained, its quality is degraded. A degraded quality means failure to imply proper education among its learners. Improving public schools enables its constituents to advance in education symmetry to those of in private schools. From the Comprehensive School Improvement Program (CSIP) which is a decade-long initiative to improve public schools under the Ford Foundation, it created independent observers who evaluate education initiatives. With this, suggestions from other individuals arose which are focused on improving public schools. The project started to gain donors who support the improvements. Not all public schools are lucky enough to have CSIP behind. That is why solutions are mandatory upon planning to develop a public school. Hiring qualified teachers, improving buildings to a modernized ambiance, ample funding, comprehensive program of study and efficient leadership are components of a successful improved school (Petrovich 8). Teachers are the primary persons responsible for the students. Although in some cases, teachers are hired even without passing the qualifications or, they may have passed but the quality they pass onto students does not suffice the standards of a proper education. Facility renovations are costly, which become hindrance in providing both teachers and students comfort. This is linked to the funding for a school. More so, the designed curriculum must be updated and extensive teaching methods are used. Sadly, what breaks the objective of improving public schools is the negligence to essentially impose it. Normally, these public schools cater the poor ones. And sustaining such, even from the government, is not always much reliable specifically among the third world countries. Advocacies will be of help in promoting aiding the schools. With the conviction of participation in assisting programs for public learning facilities improvement, it would at least lessen the burden of pushing the school on providing quality education despite its lax. Being a part of a project to progress public school is not easy. It will always, in a way or another, encounter financial problems; and should the allocated budget dries up, the project halts. Still, there are strategies to support in order to fulfill goals. Building constituency and coalition to minimize future financial and human dilemmas are important. Also, establishing communications and expanding networks increase participants. Public schools are still schools. It is a building that teaches how to form a better society. Regardless of the class it serves, it deserves the right to be respected and recognized. ? Works Cited Petrovich, J. Strategies for Improving Public Education. New York: Ford Foundation, 2008.

Contracts in Commercial Law

Contracts in Commercial Law COMMERCIAL LAW where a person contracts as agent, the contract is that of the principal, and not that of the agent and prima facie the only person who may sue is the principal and the only person who may be sued is the principal.to that rule, there are of course many exceptions Per Wright J in MONTGOMERIE V UNITED KINGDOM MUTUAL STEAMSHIP discuss the situations in which an agent may be liable to a third party. A relationship of agency arises where one person, an agent, acts on behalf of another person, a principal, in making legal arrangements with third parties that confer rights and impose obligations on the Principal. It is the Principal that can sue and be sued on the contracts made between itself and the Third Party (Richards, p.449)[1]. However, in some cases, the Agent may be personally or jointly liable to the Third Party. Where there is joint liability, the Third Party must decide whether to sue the Agent, the Principal or both. An agent will be liable when he intends to enter into an agreement as joint principal. This may be apparent from the express terms of the agreement, or from the way in which he signs it. An example of such arrangement can be found in a solicitor’s partnership, where each partner is an agent of the firm and any agreement entered into by them is as agent and joint principal (Denny, p.33)[2]. The case of Shack v Anthony (1813)[3] demonstrates that where an agent executes a deed on behalf of the principal in his own name, he will be held personally liable. For the Principal to take the benefit of the deed, he must be named on it and it is not enough that the Principal is simply disclosed. In some cases, it is trade usage and custom that give agents liability under a contract. For example, insurance brokers take liability for non payment of premiums, and ship brokers accept liability for payment of charter parties (Fleet v Murton 1871)[4]. In both examples, liability is joint with the Principal. A further commercial example is found with Del Credere agents, who take personal liability as surety for their Principal. Several outcomes can follow from contracts made with a non existent principal. If the contract is made prior to the incorporation of a company as in Kelner v Baxter (1886)[5], the Agent will be held personally liable. If the contract is entered into where the Principal is in fact fictitious, again the Agent will incur personal liability, and the same applies where the agent uses someone else’s name. If however the identity of the other person is material to why the third party entered into the contract, the agent will be liable for misrepresentation (The Remco 1984)[6]. An agent will incur liability to a third party if by his conduct he indicates that he intends to be liable to that party. He may, for example, enter into an agreement where there is no reference made to an agency, and which is signed in his own name or profession. In this scenario, he is jointly liable with the Principal. A further example of such liability that might arise can be found in Sika Contracts Ltd v B L Gill and Closeglen Properties Ltd (1978)[7], where an agent acting on behalf of a disclosed but unnamed principal signed contracts in his own name and profession, and was held to be personally liable. This situation could have been avoided had the agent added â€Å"as agent† after his signature, although the mere use of the word â€Å"agent† may indicate either a description or qualification and is not therefore conclusive (Gadd v Houghton (1876)[8], Halsburys s.184)[9]. The agent will always be jointly liable to the third party when acting for an undisclosed Principal because, for all intents and purposes, he appears to the third party to be the Principal (Halsbury’s s.183[10], Saxon v Blake (1861)[11]. Although it is the contract that the Agent has entered into that the Principal is entitled to enforce, the Third Party retains the right to elect to sue either the Agent or the Principal if he subsequently becomes disclosed (Bradgate, p.169[12], Richards p.456). The agent is not however liable where the contract is entered into with an unnamed (but disclosed) Principal, unless there is evidence of intention to be personally liable (Benton v Campbell, Parker Co Ltd 1925[13]). The above examples consider where the agent has found himself either jointly liable under the original contract, or personally liable and in fact, he becomes the principal and takes on all rights and liabilities of that contract, which is binding. However, the case of Collen v Wright (1857)[14] establishes that where an agent enters into a transaction as if he were acting for a Principal and by implication, he warrants that he has the Principal’s authority to act in the matter, if the third party acts in reliance on his representation and it transpires that he has no such authority he may be liable to the third party for breach of warranty. This principle is based on an implied unilateral contract which is formed when the agent, by implication, promises that he will warrant he has authority if the third party enters into a contract with the principal. By entering into the contract with the principal, the third party accepts the offer of the agent and provides consideration for the agent’s promise. This brings about a collateral contract between the third party and the agent. Where the Principal remains liable under the main contract, the agent is not liable as the third party has suffered no loss despite the agen t’s lack of authority (Richards, p.457). Liability under this principal can be extended to warranting the authority of a fellow agent, as was the case in Chapleo v Brunswick (1881)[15]. The agent may also find themselves liable to any third party in the transaction – for example, the mortgage company in a property transaction (Penn v Bristol and West 1997)[16]. The third party may claim damages under the usual principals of contract law, being all damages that flow naturally and directly from the breach (Hadley v Baxendale (1854)[17], the aim being to put the third party back in the position he was in had the breach not occurred (Suleman v Shahsavari 1989[18], Nimmo v Habton Farms 2003[19]). Liability is strict and there is no defence in saying that the agent acted innocently in the matter (Yonge v Toynbee 1910[20]). However, the amount that can be recovered is limited by the amount the third party would have been able to recover from the Principal so if, for example, the Principal becomes insolvent, the amount is limited to how much the third party could have claimed from the Principal’s insolvency. In addition to liability for breach of warrant of authority, if an agent deliberately or recklessless misstates his authority he will be liable to the third party in the tort of deceit (Derry v Peek 1889[21], Richards p.200). However, fraud is very difficult to prove and rarely gives right to recovery against an agent. He can also be liable for negligent misstatement under the principle in Hedley Byrne Co v Heller Partners (1963)[22] if it can be shown that there is an assumption of responsibility by the Agent to create a special relationship between the Agent and the Third Party, giving rise to a duty of care. The Agent, in failing to exercise due and reasonable care in representing the extent of their agency or the fact of its existence, breaches that duty. The Third Party would also need to show that they had suffered loss as a result of breach of that duty (Bradgate, p.175). In conclusion, although an agent is not generally liable to the third party where both the existence and name of the Principal have been disclosed, there are many exceptions to the statement of Wright J in Montgomerie v United Kingdom Mutual Steamship (1891)[23] that only a principal can sue and be sued where an agency exists. The law of agency protects third parties who must be able to rely on an agent’s assertion of authority as a matter of commercial convenience, and where that assertion is incorrect, the agent may find himself jointly or personally liable to the Third Party. As can be seen, it is preferable to explore contractual remedies including breach of warrant of authority rather than negligence or deceit, as these carry with them the strict liability inherent to the law of contract. Bibliography: Richards, P (2006) Law of Contract, Pearson, Essex Denny, R (2002) Commercial Law, ITC, Bedford Halsbury’s Laws of England : Agency Bradgate, R (2000) Commercial Law, Butterworths, United Kingdom Sealy, L.S, Hooley, R, Berwin S.J (2003) Commercial Law: Text, Cases and Materials Lexisnexis UK, England Footnotes [1] Richards, P (2006) Law of Contract, Pearson, Essex [2] Denny, R (2002) Commercial Law, ITC, Bedford [3] Shack v Anthony (1813) 1 M S 573 [4] Fleet v Murton (1871) LR 7 QB 545 [5] Kelner v Baxter (1866) LR 2 CP 174 [6] The Remco (1984)2 Lloyds Rep 205 [7] Sika Contracts Ltd v B L Gill and Closeglen Properties Ltd (1978) 9 Build LR 11 [8] Gadd v Houghton (1876) 1 ExD 357, CA [9] Halsbury’s Laws of England : Agency 7(1)(i)(184) Liabilities of Agent on Contracts – Identity of Principal Not Disclosed [10] Halsbury’s Laws of England : Agency 7(1)(i)(183) Liabilities of Agent on Contracts – Fact of Agency not disclosed [11] Saxon v Blake (1861) 29 Beav 438 [12] Bradgate, R (2000) Commercial Law, Butterworths, United Kingdom [13] Benton v Campbell, Parker Co Ltd [1925] 2 KB 410 [14] Collen v Wright (1857) 8 E E 647 [15] Chapleo v Brunswick Permanent Benefit Building Society (1881) 6 QBD 696, CA [16] Penn v Bristol and West Building Society [1997] 3 All ER 470, [1997] 1 WLR 1356, CA [17] Hadley v Baxendale 1854 9 exch 341 [18] Suleman v Shahsavari [1989] 2 All ER 460, [1988] 1 WLR 1181 [19] Nimmo v Habton Farms 2003 1 ALL ER 1136 CA [20] Yonge v Toynbee). 1910 1 KB 215 [21] Derry v Peek (1889) 14 App Cas 337, 58 LJ Ch 864, HL [22] Hedley Byrne Co Ltd v Heller Partners Ltd [1964] AC 465, [1963] 2 All ER 575, HL; [23]Montgomerie v United Kingdom Mutual Steamship Association Ltd [1891] 1 QB 370;