Saturday, March 21, 2020

Thomas Jefferson Essays (3462 words) - Randolph Family Of Virginia

Thomas Jefferson Thomas Jefferson (1743-1826), 3d PRESIDENT OF THE UNITED STATES. As the author of the Declaration of Independence and the Virginia Statute for Religious Freedom, he is probably the most conspicuous champion of political and spiritual freedom in his country's history. He voiced the aspirations of the new nation in matchless phrase, and one may doubt if any other American has been so often quoted. As a public official--legislator, diplomat, and executive--he served the province and commonwealth of Virginia and the young American republic almost 40 years. While his services as a Revolutionary patriot have beenhonored by his countrymen with only slight dissent, his later and more controversial political activities have been variously interpreted. Believing that the government was not being conducted in the spirit of 1776, he turned against the administration in WASHINGTON's second term and remained in opposition during the presidency of John ADAMS. Jefferson, who was president from 1801 to 1809, was the acknowledged head of his political party, and his election to the highest office has been interpreted as a vindication of the right of political opposition. His ELECTION checked in the United States the tide of political reaction that was sweeping the Western world, and it furthered the development of political democracy. Throughout his life he sought to do that, though the term he generally used was republicanism. Opinions differ about his conduct of foreign affairs as president. He acquired the vast province of Louisiana and maintained neutrality in a world of war, but his policies failed to safeguard neutral rights at sea and imposed hardships at home. As a result, his administration reached its nadir as it ended. Until his last year as president he exercised leadership over his party that was to be matched by no other 19th century president, and he enjoyed remarkable popularity. He was rightly hailed as the "Man of the People," because he sought to conduct the government in the popular interest, rather than in the interest of any privileged group, and, insofar as possible, in accordance with the people's will. He was a tall and vigorous man, not particularly impressive in person but amiable, once his original stiffness wore off. He was habitually tactful and notably respectful of the opinions and personalities of others, though he had slight tolerance of those he believed unfaithful to republicanism. A devoted family man who set great store by privacy, he built his house upon a mountain, but he did not look down on people. A distinguished architect and naturalist in his own right, a remarkable linguist, a noted bibliophile, and the father of the University of Virginia, he was the chief patron of learning and the arts in his country in his day. And, with the possible exception of Benjamin Franklin, he was the closest American approximation of the universal man. Early Career Jefferson was born at Shadwell, his father's home in Albemarle county, Va., on April 13 (April 2, Old Style), 1743. His father, Peter Jefferson, a man of legendary strength, was a successful planter and surveyor who gained minor title to fame as an explorer and mapmaker. His prominence in his own locality is attested by the fact that he served as a burgess and as county lieutenant. Peter's son later held the same offices. Through his mother, Jane Randolph, a member of one of the most famous Virginia families, Thomas was related to many of the most prominent people in the province. Besides being well born, Thomas Jefferson was well educated. In small private schools, notably that of James Maury, he was thoroughly grounded in the classics. He attended the College of William and Mary--completing the course in 1762--where Dr. William Small taught him mathematics and introduced him to science. He associated intimately with the liberal-minded Lt. Gov. Francis Fauquier, and read law (1762-1767) with George Wythe, the greatest law teacher of his generation in Virginia. Jefferson became unusually learned in the law. He was admittedto the bar in 1767 and practiced until 1774, when the courts were closed by the American Revolution. He was a successful lawyer, though his professional income was only a supplement. He had inherited a considerable landed estate from his father, and doubled it by a happy marriage on Jan. 1, 1772, to Martha Wayles Skelton. However, his father-in-law's estate imposed a burdensome debt on Jefferson. He began building Monticello before his marriage, but his mansion was not completed in its present form until a generation later. Jefferson's lifelong emphasis on local government grew directly from his own experience. He served as magistrate and

Thursday, March 5, 2020

Definition and Examples of Doxa in Classical Rhetoric

Definition and Examples of Doxa in Classical Rhetoric In classical rhetoric, the Greek term doxa refers to the domain of opinion, belief, or probable knowledge- in contrast to episteme, the domain of certainty or true knowledge. in Martin and Ringhams  Key Terms in Semiotics  (2006), doxa  is defined as public opinion, majority prejudice, middle-class consensus. It is linked to the concept of doxology, to everything that is seemingly self-evident in terms of opinion, or conventional practice and habit. In England, for example, talk of the genius of Shakespeare is part of the doxa, as is a meal of fish and chips or a game of cricket. Etymology:  From the Greek, opinion What is Doxa? [T]he condemnation of rhetoric as trafficking in opinions about justice has dogged the art ever since Plato wrote Gorgias. . . . The Sophists in Gorgias hold that rhetoric creates truth that is useful for the moment out of doxa, or the opinions of the people, through the process of argument and counterargument. Socrates will have no part of this sort of truth which, nevertheless, is essential to a democracy.(James A. Herrick, The History and Theory of Rhetoric: An Introduction, 3rd ed. Allyn and Bacon, 2005) Two Meanings in Contemporary Rhetoric In contemporary rhetorical theory, we can distinguish two meanings of the classical term doxa. The first is more faithful to the classical heritage; it therefore stems from an epistemic perspective grounded in the contrast between certainty and probability. The second unfolds along a social and cultural dimension and is concerned with sets of beliefs widely espoused by popular audiences. These two meanings do not necessarily represent a shift from classical to modern theory. Aristotle distinguished doxa as opinion, from episteme as certainty. But in listing various beliefs with a high degree of probability- such as revenge being sweet, or rare objects as more valuable than those that exist in abundance- he also identified specific cultural, social (or what we call ideological) assumptions based on which the premise of an argument can be seen as plausible and be agreed upon by the members of a particular community.(Andreea Deciu Ritivoi, Paul Ricoeur: Tradition and Innovation in Rheto rical Theory. SUNY Press, 2006) Rational Doxa In The Republic, . . . Socrates says, Even the best of opinions are blind (Republic 506c). . . . One can never be the master of ones own doxa. As long as one lives in the domain of doxa, one is enslaved to the prevailing opinions of his social world. In the Theaetetus, this negative meaning of doxa is replaced by a positive one. In its new meaning, the word doxa can no longer be translated as belief or opinion. It is not something passively received from someone else, but rather actively made by the agent. This active notion of doxa is given by Socrates description of it as the souls dialogue with itself, asking itself questions and answering, affirming and denying, and finally making a decision (Theaetetus 190a). And the decision can be rational if the souls conversation is rational.This is the theory of rational doxa, the doxa plus logos . . ..(T. K. Seung, Plato Rediscovered: Human Value and Social Order. Rowman Littlefield, 1996)

Tuesday, February 18, 2020

Comparative criminal justice Essay Example | Topics and Well Written Essays - 500 words - 2

Comparative criminal justice - Essay Example The ranking was done on 179 countries from the least corrupt to the most corrupt. The corruption perception index was 9.4 for Demark, which the least corrupt, 2.9 for Bolivia, and 1.4 for Myanmar, which was ranked as the most corrupt among the countries, studied (Transparency International Web). This paper will focus on comparing the official crime rates of bribery, and drug offences per 100,000 in Denmark, Bolivia, and Myanmar. The paper will analyze the degree of cross-national differences and try to explain the differences in crime rates in the three countries. Bribery and drug offences are two crimes that are illegal in addition to involving a lot of corruption. The eighth United Nations Survey of Crime Trends and Operations of Criminal Justice Systems, which was done for the period between 2001 and 2002, showed that these crimes are still persistent (United Nations Web). In 2001, 37,553 crimes were committed in Bolivia, which is equivalent to 435.80 crimes per 100,000 inhabitants. Crimes were higher in Denmark where a grand 473,290 crimes were committed in 2001, which equates to 8,831.69 crimes per 100,000 inhabitants. In Myanmar, 19,873 crimes were reported which equates to 41.24 crimes per 100,000 inhabitants. In 2002, the total number of crimes declined in Myanmar and Bolivia but increased in Denmark. The total numbers of crimes were 18,301 in Myanmar, 31,138 in Bolivia and 491,026 in Denmark. In relation to bribery and drug offences, Bolivia had the highest number of crimes per 100,000 inhabitants in both 2001 and 2002. The records by the United Nations shows that out of every 100,000 inhabitants 0.22 and 0.28 bribery crimes were recorded in Bolivia in 2001 and 2002 respectively. In case of Denmark, there were 0.09 and 0.07 bribery crimes for the years 2001 and 2002 respectively. Though ranked as the most

Monday, February 3, 2020

Response Papers Essay Example | Topics and Well Written Essays - 500 words - 1

Response Papers - Essay Example eople appreciated the innovativeness of the students who came up with the animations having put into consideration the changes in the twenty first century. Further, it is noted that video games can be used as interactive texts, which are important in providing sites through which to engage in media literacy. In the case study, it is noted that the Pac-Man game had been revised to allow them comment on space, geography, power relations, and the manner in which resources had been allocated. The games have further been revised to include the social, cultural, and political aspects of the society. The games challenged the destructive urbanization and resisted urban criminality. The students came up with a version of the â€Å"MacArthur Park Hot Dog Chase† which depicts how authorities view the area as a crime infested area full of drug barons. From the case study, it is evident that personalizing video games and sharing the games online can help the youth share strategies that are important in community empowerment and could be used to transform lives. It is important for the youth today to be keener with video games as games could be used as a means of communication. Media activists and the game designers should interact with the youth and deduce what attracts them to play games. Game designers should also take time to create games that reflect the youth’s observation of the society and the digital world. In conclusion, video games are important in passing across crucial information and can be used as a platform to reach out to the youth. Therefore, several factors need to be put into consideration to ensure that games designed are entertaining and educative at the same

Sunday, January 26, 2020

Comparison of UK Building Contracts

Comparison of UK Building Contracts Assessment: Terms of Contract; Critical Evaluation; Question standard practise Samuel Perkins Introduction This assignment aims to compare and contrast the various aspects of both the SBC/Q 2011 Standard Building Contract against the NEC 3 Engineering and Construction Contract: priced with Bill of Quantities 2013. Throughout the assignment I will abbreviate these to SBC/Q 2011 and NEC3. I aim to evaluate the documents involved in the making of the contracts (10%/350 words), the roles of those involved in the performance of the contract (20% / 700 words) , the Contractors responsibility towards the design (20% / 700 words) and finally concentrating on the payment aspect of each contract (50%/1750 words). The contracts will be assessed regarding revisions made in September 2011 to the Housing Grants, Construction and Regeneration Act 1996. My word count will be including the above mentioned areas not exceeding the 3500 words as required. Documents Making up the Contracts In the SBC/Q 2011 contract under provisions, the contract documents are defined in clause 1.1. The issue with this is that the contract sum analysis and any schedule of rates are dependent on the respective party and can therefore not be deemed as contract documents under this condition. For the employer this would mean that the main, responsibility for the correct descriptions and quantities would be placed upon them mitigating risks for the contractor. Regarding any discrepancies within the contract documents it is the responsibility of the Contractor to inform the Architect of any differences, however it should be noted that they are under no obligation to freely search for any discrepancies. Yet under condition 2.15 it states that if the contractor becomes aware of any such departure, error, omission or inadequacy as referred to in clause 2.14 that he shall immediately give notice with appropriate details to the Architect/Contract Administrator, who shall issue instructions in th at regard. The discrepancies are related to items found in condition 2.15(1,2,3,4,5) which cover the contract drawings, contract bills, instructions issued by the architect of contract administrator and finally the CDP documents. From the above we can see that SBC/Q 2011 shows a reasonable understanding to identifying contract documents. The main difference between the NEC3 and SBC/Q 2011 is that the NEC3 document doesnt define the term Contract, therefore there is no defining contract documents unlike SBC/Q 2011. It combats this within the guidance notes providing samples concerning a standard form of tender and form of agreement substituting themselves for actual contract documents. In the Core Clauses 12.4 it states that the contract is the entire agreement between the parties therefore combining the previously mentioned procedures involving the project management and contractual duties, liabilities and obligations. As discussed by Eggleston (2006) the term entire agreement has no legally definable definition however the term entire contract which is also known as a sole agreement clause does. Therefore the contract can only be completed to the written terms and conditions, this excluding any implied terms of common law remedies this relating to any legislation created by parliament as noted in (Galbraith, 2014). Like SC/Q 2011, NEC3 makes provisions regarding any discrepancies and contradictions between contract documents in Core Clause 17.1 however is much less distinct and clear cut in its definitions and clarity. The Clause states that The Project Manager or the Contractor notifies the other as soon as either becomes aware of an ambiguity or inconsistency in or between the documents which are part of this contract. The Project Manager gives an instruction resolving the ambiguity or inconsistency. However this does conflict with Core Clauses namely 12.3 and 18.1 which would then suggest that the responsibility to report inconsistencies lies solely with the Project Manager. Roles involved in the performance of the contract The JCT contracts require the Architect to act as the Contract Administrator in regards to performance of the contract on behalf of the employer. Under SBC/Q2011 the role of the architects expressed duties is covered in conditions 2.8 (1.2.3.4), 2.9, 2.11 and 2.12. These range from ensuring documents are supplied to the Contractor in accordance to the release schedule and initial contract documents to discharging the contract. As these are obligations of the architect they are therefore legally accountable for the area of contract administration. Given the Architects professional position and experience it is there duty to ensure the contract is carried out under the implied terms of common law and to the terms and conditions of the contract, it is crucial that the Architect stays unbiased when making decisions. SBC/Q2011 states under condition 2.4 that it is the duty of the Contractor to continue with the work on a regular basis and attentively and have the works finished by the agreed completion date. The work should progress steadily and in accordance to the contract in regards to time as noted in (Chappell 2012). If the Contractor is to make a breach of duty in respect of non-performance (not partial performance) of the contract would result in complete disregard to the contract terms and conditions which would cause total non-performance. Provisions are made to non-performance regarding the employers in conditions 8.4, 8.5 and 8.7 which guarantees the Contractors continual advancement of works in the event of unpredictable circumstances delaying works and the rectification of defect works. Unlike SBC/Q 2011, NEC3 does not mention the Architect under any of its clauses which removes any context of the Architects involvement. Under Core clause 10.1 it stipulates that the legal transitions and agreements and between the Employer and Contractor and subsequently the Project Manager and Supervisor. The provision of NEC3 states that the association of the Employer is to be related regarding their participation within the roles of the contract administration and are therefore a legal entity. The Project Manager exclusively has authority to change the work information, including issues and discharging any works instruction all of which is stated under Core clauses 14.3 and 27.3. Therefore the Project Manager is acting as the Employers Agent , allowing them to have a greater influence in decisions, which contrasts SBCQ/2011 whereby the Architect of Contract Administrator is more independent and acts in sovereignty. It is vital that the appointed Project Manager under NEC3 be it a single person or firm is competent and professional in order to achieve successful completion of the works and the contract due to the wide-ranging duties and obligations they are assigned. The Project manager and Supervisor can delegate works to other staff members in order to carry out their duties. This is noted under Core clause 14.2 however, before this can be done the Contractor must be notified of what actions each member of staff has been assigned. NEC3 also differs variably from SBC/Q2011 in its lack of expressed terms stating the Contractors obligation to continue with the works regularly. Consequently it relies on the provisions of Core clause 20.1 which state the Contractor is to Provide the works as defined in clause 11.2(3) along with disciplinary procedure that corner any delays to key dates, damages and or the payments scheme. It is important to note that NEC3 has no provisions in any of its Clauses that concerns any expressed terms that state the Project Manager should be neutral and equal, as mentioned above they are effectively acting as the Employers Agent. Therefore any concerns regarding the issues of impartial and unbiased contract administration is an implied duty and should therefore be overseen by the implied terms of common law remedies as displayed in Constain Ltd and Others [Corber] v Bechtel Ltd Anor [2005]. The Contractors Responsibility for Design Regarding the responsibility of the design aspect the Contractor should have no involvement, except if it has clearly been requested and defined within the contract documents under the parameter of the Contractors design responsibility Chappell (2012). It is also worth mentioning that the term design should be used broadly and should also encompass not just drawings but also any written documents relating to the Contractors design proportion for example specifications and schedules of work. Lupton and Cornes (2013) The SBC/Q 2011 has previously required an additional supplement which is provided through the Contractors designed proportion part of the contract. With the Contractors design proportion the employer will then prepare their requirements known as the Employers Requirements, which is created from the performance specification that consequently then allows the Contractor to formulate and submit their proposals known as the Contractors Proposals. These are required when creating the contract documents and subsequently the contract sum. Under clause 2.13.2 it states that the Contractor shall not be responsible for the contents of the Employers requirements or for verifying the adequacy of any design contained within them. Furthermore under clause 2.2 titled Contractors Design Proportion, it states what the Contractor should do where the works contain a Contractors Design Proportion. From these clauses it should be made clear the difference between the Contractors Design Proportion and the remainder of the job is to reduce any conflicts or confusion throughout the project. The Contractors liability is noted in clauses 2.1 and 2.19.1 and ensures that they do not exceed the level of works required, due to the Contractors liability being near equal to the Architects the liability is restricted to the Contractors skill and attention to details in their works. The NEC3 differs from SBC/Q 2011 and does not give the Contractor as much flexibility of which the Contractors design can operate. Clause 60.3 of NEC3 states that any inconsistencies with site information are the responsibility of the Employer. It is noted in Eggleston (2006) that due to the fact the Employer should have taken into account the best site conditions as per 60(12) yet logically the Contractor should have allowances and precautionary measures in place, which is contradictive. The Contractors basic obligation is covered in core clauses 20.1 and the obligation for Contractors designed work in clause 21.1 which states what work and designs are required from the Contractor and that the Employer should state the works information, the criteria to which he requires designs to conform. NEC3 is written to take account of common law remedies unlike SBC/Q2011 which uses expressed terms of provisions when discussing the Contractors liability regarding the works being fit for purpose. NEC3 optional clause X15.(1.2) limits the Contractors liability to reasonable skill and care much like SBC/Q2011 clause 2.1. This clause could be interpreted differently regarding fitness for purpose as the Contractor could complete the works with reasonable skill and care however could not be meeting their contractual obligations. Clause 21.2 states that the Contractor is responsible for the design standards, materials and products unless it is stated otherwise in the works information. As common law remedies implied on any warranties unless they are excluded. Payment SBC/Q 2011s provisions states that the parties involved should agree to suitable staged payments or Milestones as they are more commonly known, however if staged payments cannot be agreed upon the contract provisions will default to interim payments as per condition 4.9 (1.2) where a monthly valuation is submitted. It is therefore crucial that all valuations submitted for interim certificates are reasonably accurate and do not need to be perfectly correct, this will allow for any errors from miscalculations created from the difficulty of the matter as revealed in Secretary of State for Transport v Birse-Farr Joint Venture [1993] 62 BLR 36. Interim amounts account for the completed work at Bill of Quantity rates along with a percentage of lump sums, the final amount is due when the whole work has been re-measured in accordance with the Bill of Quantities. Eggleston (2006) Interim valuations should be calculated via gross valuation, which include for the deduction of retention and any previously arranged payments certified as due. Provisions regarding this are found under 4.16 (1.2.3) discussing work executed, site materials and listed items. Yet staged payments should be agreed before the work is commenced and should correlate to relevant milestones and work sections. However this procedure should require periodic re-evaluations due to the administrative nature. Regarding in the event of insolvency as previously mentioned, the site materials in particular any stored off-site can be a difficult to identify whom they belong to, however noted in the provisions of SBC/Q 2011 under Terms of Conditions 4.17 (1-5) these materials become property of the Employer provided they are accounted for in an interim certificate. The Contractor must also provide proof to ensure all offsite materials are insured. Therefore any implied terms of common law remedies regard ing SGA 1979 are in excluded of their respective powers. To act upon the above the retention of title clause must be completed in order to identify the route the transfer of title takes, this is usually done methodically working through the supply chain from the Contractor, Subcontractor and Manufacturer, again checked against interim payments of that Contractor. The principles of payments should be governed by terms of the contract provisions and also by any implied terms of common law remedies like SGA 1979 and SOGSA 1982 as noted in Hughes, Mills, and OBrien (2008). In SOGSA 1982 it establishes that a payment should be made to any provider of work including the provision of any good or services supplied. However if it is expressed in the terms of the contracts provision a right to set off can be put in place to exclude any implied terms of common law remedies as seen in the case of Acsim (Southern) Ltd v Danish Contracting and Development Co Ltd [1992] 47 BLR 59 and Gilbert-Ash Northern v Modern Engineering Bristol) Ltd [1974] AC 689. Any interim certificates under the provisions of the SBC/Q 2011 are to adhere to the dates specified under the contract particulars throughout the contract and its conditions. Condition 4.10 (1.2) under contract provisions the contractor should receive a written notice stating the amount to be paid and the methodology used to calculate the sum, this should be received no less than 5 days after the submission of the interim certificate from the Contractor. It is therefore common practice for a reference to the interim certificate and copy of the valuation to be prepared by the Contract Administer or Quantity Surveyor. It should be noted that in comparison to either the Contract Administrator or Architect they would be held accountable to the parties involved due to the concern of skill and care. Regarding the final payment a few conditions must be mentioned firstly condition 4.12 (1-7) which covers details interim payments final date and amount most importantly that the final date for interim payment shall be no later than 14 days from the original issuing of the interim certificate. It also provides instructions on how to proceed with any pay less notices. Secondly the under the provisions of condition 4.15 (1-9) under title Final certificate and final payment instructs that the final payment will match the final certificate. The final payment should amount to the total of the contract price while taking into account all additional works and omissions, less the staged payments that have been paid throughout the projects work. As discussed by Ramsey (2000)the case of Lubenham V South Pembrokeshire DC [1986] 33 BLR 39 showing how the Contract Administrator should abide to the provisions of expressed terms of the contract while performing their contractual procedure, in which the contractor will have no motive or reason to challenge the certificates issued. NEC3 differs from SBC/Q 2011 in the methods used relating to payment schemes. Firstly it is the Project Managers responsibility to assess the amount of the payments due at the assessment date and consequently they are accountable to ensure the submission of application to confirm payment. The Project Manager is also responsible for determining the first assessment date. This is found under Core Clause 50.1 under title assessing the amount due. Clause 51.1 stating that the latest dates that the Project Manager can certify the payment are fixed throughout the contract relating to each assessment date, this is usually a period of 1 week from the date. NECs secondary option Clause X16 (1.2) is similar to condition 4.20 (1.2.3) of SBCQ/2011 in its replication which defaults the retention percentage to either 3% unless otherwise stipulated under the contract particulars. Regarding the Core clauses that relate to retention there are no expressed terms found in the contract provisions. Core Clause 50.3 is designed to be a powerful motivation to the Contractor and can incur a 25% deduction until the Project Manager confirms a programme submitted by the Contractor, however no provisions are made that make any reference to the final certificate, which consequently means that certificates have no order of precedence and controversially no contractual status. As we are aware it is the Project Managers responsibility under Core Clause 50.1 to access and certify each payment amount at the given assessment dates, along with this under Clause 50.4, it states that the Project Manager should take into account any submissions by the Contractor that however the responsibility remains on the Project Manager the amount due regardless if he has not received a submission from the Contractor. Any assessment that is issued after the defect certificate will be considered as is common practise as the final assessment which will lead to the final certificate, therefore from clause 50.4 it is understood that without the Contractors submission of a final account before the last assessment they will lose any influence they have regarding payment. However this clause may cause disputes between the Contractor and Project Manager regarding the information supplied from the contractors original submitted programme, as this considered to meet the requirements of the contracts agreement. Clause 50.3 is biased in its favouring to the Project Manager, therefore the Contractor may wish to seek adjudication if they believe they have any conflicts throughout the project as the clause provides the opportunity to invoke a penalty clause. NEC Core clause 50.5 is designed to provide motivation to the Contractor to submit a programme which contains information required for the contract, within this clause it is understood that if the amount has been inaccurately assessed is difficult to comprehend. It is implied that the Contractor will not be entitled to any correction of the next payment certificate. Usually it is common practice for inaccurate assessments to be corrected on the later payment certificates without the Project Managers admission. However, if the Project Manager does not correct the assessment in question again the Contractor can seek adjudication by an Adjudicator. If the Project Manager does admit to a mistake following a tribunal or adjudication, under the provisions of core clause 51.3 it is liable to attract interest calculated from the date when the increased amount would have been certified if there had been no dispute. Core Clauses 11.2(21), 11.2(22) and 11.2.(28) relate to Payment in Main Option B Priced Contract with BOQ. The Term bill of quantities is defined in clause 11.2(21) which define its meaning and therefore the how the BOQ relates to other clauses. Clause 11.2(21) is very similar to Core Clause 11.2(20) of the main Option A priced contract with activity schedule. Finally Core Clauses 11.2(28) and 11.2(31) define the completed work ensuring it cannot be misinterpreted regarding payment terms. References Chappell, D. (2012) Understanding JCT standard building contracts. 9th edn. London, United Kingdom: Taylor Francis. Eggleston, B.Ce. (2006) The NEC 3 engineering and construction contract: A commentary. 2nd edn. Oxford, UK: Wiley, John Sons. Galbraith, A., Stockdale, M., Wilson, S., Mitchell, R., Hewitson, R., Spurgeon, S. and Woodley, M. (2014) Galbraiths building and land management law for students. 6th edn. Oxon: Routledge. Hughes, S., Mills, R. and OBrien, P. (2008) Payment in construction: A practical guide. Coventry: RICS Books. Lupton, S. and Cornes, D.L. (2013) Cornes and Luptons design liability in the construction industry. 5th edn. London, United Kingdom: Wiley-Blackwell (an imprint of John Wiley Sons Ltd). Ramsey, Vivian. Construction Law Handbook. 1st ed. London: Thomas Telford, 2000. Print. Cases Acsim (Southern) Ltd v Danish Contracting and Development Co Ltd [1992] 47 BLR 59 and Gilbert-Ash Northern v Modern Engineering Bristol) Ltd [1974] AC 689. Constain Ltd and Others [Corber] v Bechtel Ltd Anor [2005]. Lubenham V South Pembrokeshire DC [1986] 33 BLR 39 Secretary of State for Transport v Birse-Farr Joint Venture [1993] 62 BLR 36.

Saturday, January 18, 2020

Effectiveness of Advertising Essay

DEFINITION: Advertising is the non personal communication of information usually paid for and usually persuasive in nature about products, services or ideas by identified sponsors through the various media. MEANING: Advertising is a form of communication for marketing and used to encourage or persuade an audience (viewers, readers or listeners; sometimes a specific group) to continue or take some new action. Advertising messages are usually paid for by sponsors and viewed via various traditional including mass media such as newspaper, magazines, television, radio, outdoor advertising or direct mail; or new media such as blogs, websites or text messages. CONCEPT: The word advertising is derived from the Latin word, â€Å"adverto† â€Å"ad† meaning towards and â€Å"verto† means to turn. Literally it means turning people’s attention to a particular or specific thing. Advertisements are sometimes spoken of as the nervous system of the business world. As nervous system is very important in human body so it is vital in business world. Advertising is multidimensional. It can be viewed as a form of communication, as a component of an economic system, and as a means of financing the mass media Different kinds of businesses use advertising to motivate different kinds of markets toward different kinds of responses ADVERTISING EFFECTIVENESS The main â€Å"actors† related to the effectiveness in the advertising activities are consumer, advertisement, product/service, medium, and environment. The advertising effectiveness can be studied from the different manifestations of these actors. * Consumers are audience of the advertisement and potential purchasers of the product or service. Many models of consumer behaviour have been developed to measure the advertising effectiveness. For example, in the attitude model in the effects of advertising on consumers can be described as a sequence of stages or steps that begins with an awareness of the existence of what is being advertised, through the knowledge on what the product or service has to offer, favourable attitudes, preference over all other possibilities, and the conviction that the purchase would be wise, and finally culminates in the actual purchase of the product or service. * Advertisement in a traditional sense can influence the consumer behaviour. In new media advertising on the Internet, the advertisement can be influenced by the consumer behaviour as well to manifest the effectiveness. For example, click through rates of banner advertising on the web can be used to measure its effectiveness. * Product/service represents the motivation of the advertising. Advertising is often used to try to increase sales of a product or the use of a service, to improve the firm’s â€Å"corporate image†: to persuade people that the company is benevolent and trustworthy, or to change people’s behaviour such as anti-smoking. So the advertising effectiveness can be also measured through the achievements of the motivation, such as the profit and the brand value. * Medium is the carrier of the advertising message. The principal media may be classified as newspapers, magazines, radio, TV, direct mail, Internet, outdoor and so on. The first criterion for effectiveness is that sufficient numbers of the target audience should get to see or hear the advertisement, which is mostly decided by the nature of the medium. 1.2 PURPOSE OF THE STUDY PREMIER HOME APPLIANCES wanted to know the effectiveness of their advertisement on their customers in order to improvise their advertising strategies. 1.3 PROBLEM DEFINITION To study the effectiveness of advertisement of premier home appliances 1.4 OBJECTIVES OF THE STUDY * To find the advertising effectiveness of premier home appliances * To evaluate the influence made by the advertisement on the customers purchase decision. * To find whether the advertisement has reached the customers. * To find which media impact made a huge impact. * To know whether advertisement creates brand identity among customers. * To know whether advertising creates awareness and belief about the product to customers. 1.5 HYPOTHESIS: Inspite of having an impressive advertisement they found it to be not convincing. 1.6 INDUSTRY PROFILE: Home Appliances are that without which a modern home is considered incomplete, especially in urban areas. We have become so used to some of the home appliances that it seems difficult to live without them. Indeed, they have made our life more comfortable and easier than ever. In metro cities and big towns, such household appliances are regarded as a boon, as they are instrumental in cutting down the time involved in most of the domestic chores. This is really a great help since people often find it difficult to keep a balance between professional obligation and household needs. HOMEAPPLIANCES PRODUCTS: Products such as microwave ovens, juicer- mixer- grinder, fully automatic washing machines, and frost- free refrigerators are the most popular category of home appliances. This is because they have made the work of housewives less tiresome and more enjoying. Most of the domestic appliances are useful in various kitchen related jobs and hence are termed as kitchen appliances. Gas stoves, toasters, microwave ovens, mixer & grinders, juicers & blenders, rotti makers, refrigerators, water purifiers are some of the most common kitchen appliances in India. Besides, there is a category of electronic products that have become an integral part of modern houses. These are air conditioners, fans, room coolers, room heaters, geysers, electrical irons etc. HOMEAPPLIANCES COMPANIES IN INDIA There are many Home Appliance companies in India like premier, pigieon, butterfly etc. Apart from them there are various international companies also that deal in domestic appliances. Some of these home appliances manufacturers are Samsung, LG, IFB, Whirlpool, and Kenmore etc. With the arrival of international brands in Indian market, the competition among rival companies has become stiff. Since, a majority of products are electrically operated; the focus is on such household appliances that are efficient in power consumption.| HOME APPLIANCES STORES Most of the leading home appliances manufacturers and companies have set up their exclusive retail outlets in important towns and cities of the country. Besides, there are local home appliances suppliers, manufacturers, wholesalers and retailers spread throughout India. Apart from that Home Appliances stores and shops are located in every locality, which let you compare products of different companies before buying and also let you buy all kinds of home appliance products at one place. Some manufacturers also offer after sale service, and if needed, repair the damaged parts of your electronic products. So here you will find the sites of some of the leading Home Appliances manufacturers and suppliers 1.7 COMPANY PROFILE: Sivanesan CEO- Sivanesan Group of Companies â€Å"Sivanesan group of companies believes in bringing quality products to over customers, right from its inception. No wonder, we have internalized high standards of quality in over business functions. The results are there for everyone to see in the form of remarkable levels of â€Å"customer satisfaction† and â€Å"business trustworthiness†. â€Å"Quality isn’t something that can be argued in a brochure or promised to a client. It must be there in your product. If it isn’t there, the finest sales talk in the world can not act as a substitute. At Sivanesan group of companies we have always believed in quality of our products, of our workforce, of our processes, of our management and in every aspect of our business relationship. Quality, at Sivanesan group of companies, is never an accident; it is always a result of high intentions, sin care effort, intelligent direction and skillful execution. The Sivanesan group is one of India’s largest and m ost respected business conglomerates in the home appliances sector. Premier the group well established brand founded in 1974 by Sivanesan, CEO of Sivanesan group of companies, since then the group has mentioned firm and impressive escalation. Today the group successfully manages as many as seven full-fledged manufacturing units above and beyond marketing and export divisions. The premier range of products is crowning almost the entire requirements of a modern kitchen. This can be seeing by the actually that we manufacture over 32 products under the premier brand tree. The most momentous being the vast reservoir of well trained, highly energized team of over 400 professionals and technicians. In addition to this premier’s R&D efforts persistently improve manufacturing methods to enhance the premium placed on its products. Moreover, they have invested valuable time and resource to bring their manufacturing practices in line with the most excellent in the world. This includes the installation of the most up-to-date machineries and processes. Premier pressure cookers come to your after years of research and development and offer the healthiest mode of cooking by conserving vital nutrients, vitamins and energy. Premier’s multiple facility system, built in to every one of its cookers, ensures increased safety and reliability in the long run. The aesthetic appeal of the streamlined exteriors and superior overall design help conservation of precious energy and time through quick, even heating. Underwriters laboratories inc (UL) is an independent not for profit organization, which in its 107-years-old history has dedicated itself to the cause of safety and quality service. UL is headquartered in the USA and has a network, which spans 89 countries across the globe offering manufactures, the world over unlimited access to the most lucrative markets. As per available estimate approximately 16 billion marks appeared from amongst 18,000 products in 1999 alone. UL certification symbolizes a commitment to continually offer saf er products to customers the world over. Premier cooker has now been accorded this prestigious certification for safety excellence on its cooker. A momentous occasion for the premier group and recognition for the safety standards it has been following for over three decades since its inception. The premier range of products covers almost the entire requirement of modern kitchen. With emphasis on quality, safety and product innovation, premier has been able to win the hearts of the Indian housewives and be reckoned as a leader in the kitchenware market. Today, premier manufactures over 32 products in 97 variations. Premier products are also exported to markets in Europe, west Asia, south east Asia, America, Australia, and Africa. Underwriters laboratories (UL) of USA and bureau of Indian standards (ISI) has certified premier’s automatic rice cookers and pressure cookers. Premiers attractive pressure cooker range include a wide verity of material and design options including Aluminum, HARD-ANODIZED, SS copper-bottom and SS sandwich bottom with unmatched durability, performance and style, the premier pressure cooker is quite truly the heart of any modern kitchen. Presented below are the different versions and models of the premier’s automatic rice cooker. Among other top selling range from premier are stainless steel copper bottom pressure cooker, mixi, multi-steamer, regular cookware and the LPG stove and many more. All that they are giving is to make cooking the comfortable, safe and economical for the housewives. Now to find out the ultimate safety symbol in kitchenware, look out for premier’s pressure cooker. In short, premier one of the premier brands in kitchen appliances, brings to its consumers cooking solutions that are not only considered â€Å"red-hot†. When it comes to standards related to product safety, there is the trust of lakes of premiers customer’s world over they have and the (UL) certification 1.8LIMITATIONS OF THE STUDY * Time constraint was the biggest limitation. The project had to be completed within 2 months and hence the sample size had to be lesser. * One problem that every interviewer faces is the willingness of the customers in filling up the questionnaire. * Validity of information obtained from the respondents was a major drawback. 1.9 SCOPE OF THE STUDY This study is expected to identify whether it has reached the target audience and thus, can find the gap that is to be improvised. CHAPTER-II REVIEW OF LITERATURE According to Weilbacher (1984), this ability to jumble all of what one knows about a product or a company together with selected elements from one’s life experience is the essence of Creativity in Advertising. The degree or level of Advertising C:reativity is definitely related to the Advertising Effectiveness. To assess the effectiveness of advertisements, there have been two streams of research (Jeong, 2004). One stream of research focuses on the psychological aspects of advertising impact and the other focuses on the sales and market response aspects of advertising effects. Neslin(2002) found that other variables like sales promotion can have a significant influence on the advertising and sales relationship and consider such variables responsible for inconsistent results in previous studies on the effectiveness of advertisements. The behavioral perspective of advertising effectiveness provides insight into the antecedents of consumer behavior like attitude, recall and brand choice. It, therefore, supersedes in importance than the market and sales response method of advertising this is also more important as it is more consistent with the marketing concept which focuses on the final consumer as a fundamental business philosophy (Ang,Lee & Leong, 2007). Consistent with such views, Lucas and Britt (1963 cited in KocabiyikoÄŸlu, 2004) stated quite earlier that the basic purpose of advertising is to provide information about the actual receivers of advertisements that are instrumental in the selection of appropriate advertising strategies. This ultimately improves the effectiveness of advertisement and hence will positively affect the market result. The behavioral perspective of advertising effectiveness concerns how people perceive, process, respond to, and use advertising information in making purchase decision about certain product or service (Jeong, 2004). Similarly, attitude as another measure of advertising effectiveness is important because it is related to how consumers evaluate the advertised products. A strong positive attitude towards a product means that the person may buy the brand in future (Wells etal., 2003). As Mitchell and Olson (1981) state that as attitudes are relatively stable and enduring predispositions to behave, they should be useful predictors of consumers ’behavior towards a product or service. Gresham and Shimp (1985) consider attitude as an attempt to influence consumers’ choice. Advertising recall is a memorability test that determines how viewers remember something specific about the advertisement and the brand (Wells et al., 2003). Recall can be aided as well as unaided (Till & Baack, 2005). CHAPTER-III RESEARCH METHODOLOGY Research is a systematic method of finding solutions to problems. It is essentially an investigation, a recording and an analysis of evidence for the purpose of gaining knowledge. According to Clifford woody, â€Å"research comprises of defining and redefining problem, formulating hypothesis or suggested solutions, collecting, organizing and evaluating data, reaching conclusions, testing conclusions to determine whether they fit the formulated hypothesis† In other words, research methodology is simply the plan of action for a research which explains in detail how data is to be collected, analyzed and interpreted RESEARCH DESIGN: The study is descriptive in nature. Data were collected through questionnaire and processed. Analyzing using various statistical tools like tabulation percentage and relationship chart. TOOLS USED: To analyses and to arrive at a conclusion as to how the professional view has changed the environment suitable statistical techniques are to be employed. The research has been done by using following tools. Percentage, Tabulation, Pie chart, Bar chart No. of respondents Percentage = ——————————- x 100 Sample size PERIOD OF SURVEY: The duration of the study has been for the two months. SAMPLE SIZE : For these study 60 consumers where taken as the sample size to collect the detailed data DATA COLLECTION TECHNIQUES 1.Primary data 2.Secondary data The techniques that was used by the researcher for collecting primary data was the questionnaire method. The researcher has used the structure form of the questionnaire with the close us open-end question. The researcher has collected primary data from the respondents and secondary data from post research. Face to face method secondary data was also adopted to have additional information. QUESTIONNAIRE Questionnaire is a special practice to prepare a schedule of questions or a questionnaire for interviewing a person. As such, the set of questions prepared are of two types: A set of questions prepared by the interviewer and is asked by the interviewer during an interview is the first kind. It is a set of questions administered by the interviwer in interview. A set of questions prepared by the interviewer and is given to the person being interviewed and filled in by the interviwee: the person giving interview. In either case, data can be gathered and then analyzed. The two are being used in geography, especially in field work research. There is a kind as well. Some researchers have prepared such schedules of questions of questionnaires , evaluated them and then standardized them as well.

Friday, January 10, 2020

The End of Savannah State University Essay Topics

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