Wednesday, January 22, 2020
The Relationship of Torvald and Nora Essay -- A Dolls House Henrik Ibs
The Relationship of Torvald and Nora At the beginning of the play, Nora and Helmer seem to have a happy marriage, although it is quite a childish relationship as Helmer often uses diminutive language and names such as ââ¬Ësongbirdââ¬â¢ or ââ¬Ësquirrel to talk to Nora. However, by the end of the play Nora seems to have changed. The way Nora speaks changes from being a young girl to being like a woman. Finally, she leaves Torvald. At the start of the play Nora speaks in a very childish manner. You notice this when she says things such as ââ¬Ëheapsââ¬â¢ and ââ¬Ëthe great blue skyââ¬â¢. This shows that she is mentally naive. She says these things as a child would say them. For example, the lines that she speaks have a lot of exclamation points and as Nora says some things she jumps up and down or claps her hands, this shows the childish way she acts. Torvald speaks to her in very over-romantic language and it seems as though maybe it isnââ¬â¢t real and their love is just part of a game. It is so romantic it seems as though he is trying to convince himself that he loves her. He says things such as ââ¬Ësquirrelââ¬â¢, ââ¬Ëlarkââ¬â¢ or ââ¬Ësongbirdââ¬â¢. Songbirds are kept in cages so this may have something to do with Noraââ¬â¢s situation as Torvald controls the way she thinks and so she is caged in his world. Torvald also acts very paternally towards Nora and patronises her. Helmer uses the word ââ¬Ëlittleââ¬â¢ a lot when he speaks to Nora. He calls her his ââ¬Ëlittle Noraââ¬â¢ or ââ¬Ëlittle creatureââ¬â¢ which shows that their relationship seems to be more paternal than marital. Helmer treats Nora like a daughter. This is really noticeable when he does things like kissing her on the forehead or putting his arm around her. Helmer and Nora play a game and Nora manipulates Hel... ...lived by performing tricks for you, Torvald.ââ¬â¢ She also says that Torvald had her as his ââ¬Ëdoll-wifeââ¬â¢ and that Torvald played with her as the children played with their dolls. When she announces that she is going to leave him Torvald reacts at first by trying to forbid her from leaving ââ¬ËI shall not allow it! I forbid it!ââ¬â¢ and since this doesnââ¬â¢t work Helmer tries to use religion as an argument so that she doesnââ¬â¢t leave. Also, he suggests that society will look on her badly, and then he pleads with her not to leave and says that heââ¬â¢ll change for her. However, Nora had her set view even though Helmer tried to use strength, religion and his sweet charm to keep her at home. In the end Nora leaves. She slams the door as she goes which shows a symbolic cut between her former life and the life that she is about to lead. She has finally left her Dolls house.
Monday, January 13, 2020
Concepts of The City
Crowded, overwhelming, hard work, polluted, stressful and chaotic. Not only words frequently used to describe western cities in a post-modern era, but also concepts portrayed through David Williamson's play ââ¬Å"Corporate Vibesâ⬠. The city is definitely a diverse place. There is not one phrase that can entirely describe a city, as its image is shaped not only through its aesthetic nature, but also the people who make it up, and the industries that it is well known for. People's perceptions of the city vary with experience. Therefore many texts are opinionated. Even Leo Meier's stunning photograph of Sydney Harbour was carefully planned to produce a flawless representation of the city. It is clearly evident the city is a source of inspiration to composers. There are a vast range of texts featuring the city as a central element, which all convey varying images, ranging from iniquity to modernity, sexuality, beauty and freedom. Corporate Vibes by David Williamson is a play centralised around a city environment. It is my belief the text inadequately portrayed the whole concept of the city, as Williamson stereotyped not only his characters, but focused his entire approach on business life ââ¬â as unrealistic as it was. The corporate world is definitely a major component associated with the city, yet it is just one aspect of the typical civilized society. Williamson attempts to humour sympathetic audiences with the central theme a conflict between the traditional autocratic mode of management and modern schools of intervention. He presents an idealistic organisational theory within the practical reality of corporate power structures, which itself contributes as a source of humour to the familiar city-dweller. The whole structure of a company is emphasised on a small scale by the composer. A Chief Executive Officer exists as well as a Marketing and Sales Manager, and the Human Resources and Equal Opportunities Officer. This prevalent business structure is used to identify with an audience, and satirize the often inefficient strategies used in the play. Williamson also focused on the specific jobs, training and connections that are unique to the city, and are rarely seen in country towns. The company ââ¬Å"Siddons Residentialâ⬠designs apartments to fit the cityscape, and thus this whole notion is very much an urban issue. When discussing selling characteristics of apartments, the character of Megan mentioned, ââ¬Å"People are sick of social isolationâ⬠¦ the new move is towards connectedness, community, interactionâ⬠. This highlights the idea of anonymity and alienation in the city, which can be viewed on both a positive and negative basis. It can be very comforting to walk down the street and know not one person has any idea as to who you are; yet this can also be a very lonely thought. Sexual freedom is a subject, which in itself can lead to isolation. Freedom in this manner is suggested several times throughout the play, especially in reference to James Glenby, who Sam refers to as ââ¬Å"â⬠¦ the Oberfuhrer and great gay God of all thingsâ⬠¦. â⬠The management team also need to be very understanding when Brian expresses his aspiration to become an interior designer. It is often considered effeminate for a male to enter such a profession, so Brian's colleagues were mindful to be particularly sensitive when he expressed his aspirations to create his own unique style, ââ¬â a style which can only be found in the city. This freedom of sexual expression is more firmly demonstrated by the liberty felt by minority groups in the city, such as homosexuals who express their uniqueness in such festivals as the Gay and Lesbian Mardi Gra. Pressure to perform in a job is a significant issue in the corporate world. Stress over the possibility of losing a job is constantly seen in the city where competitiveness is incredibly high. The character of Brian mentioned a typical complaint by employees, when he stated ââ¬Å"â⬠¦ Flat structures. Get rid of middle management. Save costs by getting three times the work from half the staff. â⬠This idea of cutting jobs and thus overheads is rather a taboo amongst staff. Sam realized this problem, when he commented, ââ¬Å"When guys hit fifty they're finishedâ⬠¦ everyone gets rid of them these days. â⬠It is obvious this pressure originates from highly competitive work environments which advocate a ââ¬Ëhealthy' struggle, for both jobs, and market share. Companies are out to make a profit, and have no issue with culling ââ¬Å"dead woodâ⬠, as there will always be younger, more technologically advanced workers ready to fill empty places, and willing to work for less. The character of Sam summed up this idea when he remarked, ââ¬Å"Feelings have nothing to do with business ââ¬â you either perform, or you don't performâ⬠. Sam had no time for Deborah ââ¬â ironically the EEO officer, who is an Aboriginal woman. Sam is faced with the issues of multiculturalism and political correctness ââ¬â matters that are ubiquitous in the city environment. Programs such as Affirmative Action and Equal Opportunity, aim to give people of all backgrounds and gender a chance in the working world. It is only in city areas, that such a necessity is recognised; and this whole notion has been incorporated in the play by both the race and gender of particular characters. Acceptance of diversity is essential in an urban environment, for life to run comparatively smoothly. The corporate relationship between Deborah and Sam was constantly a hostile one, because he could not accept Deborah as a serious working associate due to her background and qualifications. Especially considering the city is such a large place in population, the acceptance of others is important to both a company and a city itself . Relationships must be maintained for the good of efficiency and productivity. People constantly rely on each other, and without people there would be no city. Even thousands of years ago, this notion was still respected. The philosopher Aristotle criticized Plato's idea that the greater the unity of the state the better, when he remarked, ââ¬Å"A city only comes into being when the community is large enough to be self-sufficing. If self-sufficiency is to be desired, the lesser degree of unity is more desirable than the greater. â⬠Of course self-sufficiency is only achieved through co-operation and cohesion. What good is a large city if it will not work together? Here, Aristotle is essentially commenting that it is more beneficial to have a smaller unit of people working together in a community, rather than a large group moving in opposing directions. Thus differences need to be overcome through acceptance, for people to collaborate and for a city to function. This stress and chaotic life experienced in the city can be contrasted by the perfect images often presented in travel brochures and on postcards. Leo Meier's untitled photograph of Sydney Harbour is one such example. The text depicts the city to be a magnificent, aesthetic place, which is still in touch with nature. The setting of dusk captures the moment when the city is just beginning to come alive, and is by no means peaceful after a long day. The composer has intended the city to be portrayed as continuous, yet an icon of beauty, which is distinctly Australian. The impression expressed by the image is that of vigilance and a never-sleeping city, yet one which has a famous nightlife and festive atmosphere. The working life by day has disappeared, and the social side of the city is just being revealed. The wide lens used, which has created a panoramic view, captures the sheer expanse of the Harbour. The water itself inspires a sense of calm, as it appears somewhat like glass, reflecting the chaos of the city nightlife above. The Harbour contrasts the city to emphasise Sydney's chaotic nature and the element that is never sleeping. The array of colours, the lighting used, and vantage point all stress the connection between the city and its historic and natural components. Corporate Vibes is simply centred on the internal and external struggles encountered by a company in the workforce, where as this photograph demonstrates the relationship between the economy and the city's aesthetic qualities found in nature and historical structures. Although Corporate Vibes focused on challenges and difficulties encountered in the workplace, its perception was not entirely negative. The poem ââ¬ËCity Trip' by Cynthia L Hoefling, is rather damning about the city in general, with the text centralising its main theme on depression and hopelessness. Despite this feature, the composer also attempts to create compassion for a city, in the midst of expressing pathos and negativity. The author personifies the city so that it can be compared to a mother, which is evident in the line ââ¬Å"â⬠¦ I have seen her weep for her childrenâ⬠. A once happy and lively place, now the city has been undermined by the evil of its inhabitants and their apathetic attitude, transforming it into a threatening, unnatural and lonely area. In the poem, the negative elements are seen to destroy the city's aesthetic and cultural beauty, not so much that the audience comes to despise it, but more so feels sorrow for a potentially vivacious and striking feature of a nation. The poet portrays the city in a critical state, as depicted by the line ââ¬Å"â⬠¦ eon lights flashing with urgencyâ⬠. Unwelcome industries have invaded this centralised area. The prostitutes are described as ââ¬Å"pooling like tearsâ⬠, giving an impression of a great puddle, with each individual an insignificant, identical portion. What legitimate industry does exist is depersonalised, especially in the phrase ââ¬Å"blind businessmenâ⬠¦ in their world of grey and greenâ⬠, which signifies homogeny, drudgery and conformity, while the colour green symbolises the dirty colour of money ââ¬â a frequent drive for a city. Ending the poem with the emphasis of architecture, described as ââ¬Å"brick, steel and stoneâ⬠, Hoefling has stressed the meaning to the poem ââ¬â that the city is a lonely, depressing and futile place to live. The futility of a city is expressed nowhere as vividly as the modern appropriation of Little Red Riding Hood, titled ââ¬ËScarlet'. The text gives a very interesting view of the City of Sydney. The story focuses on the drug and sex industry of the city, as well as its speed and corruption. The phrase ââ¬Å"Electric neon pulsed across the footpathâ⬠¦ signs flashing Live Sex, Pussycat, Love Machineâ⬠¦ contrasts the innocence, which would normally be associated with the life of an 11 year old. Scarlet was exposed to lesbians, prostitutes, and drug users. Every negative aspect a city could possibly possess, the author focuses on. No beauty can be found in the image portrayed ââ¬â which is an image created to disturb. Dirty ââ¬â morally, socially and physically, the city is illustrated as a repulsive place ââ¬â a representation which can be contrasted with Leo Meier's photograph of the Harbour, which gives a flawless image of the city. The story emphasises a dark and disturbing element, in which anonymity can be a dangerous aspect. The concept of being a stranger, and thus being surrounded by strangers is a hazardous situation for Scarlet, who is lulled into a false sense of security by the ââ¬Ëpoliceman' ââ¬â a figure of society that ironically symbolises protection. Represented as the modern jungle, the city is seen as an environment in which it is essential to possess knowledge in order to survive. Scarlet saved herself from the rapist by injecting him with an overdose of drugs. The disturbing aspect is that she learnt the method and amount to use from her mother and grandfather who are both drug users. The city is not only seen as a sexual centre evident by the live shows, services and the sinister rapist, but it is also a commercial hub, still attracting tourists. The author refers to the ââ¬Å"large red and white Coca Cola signâ⬠at the cross, and the cars ââ¬Å"crawling between traffic lightsâ⬠. This story acts as an unhealthy contrast to the many glowing representations of the city ââ¬â especially of Sydney. Drug use is apparent, and even prevalent in Kings Cross, but sex, drugs and crime is not all what the city stands for. This text in my opinion has failed to so much as touch on any positive aspects of the city. Although it has fulfilled its purpose of a good appropriation, the author has intentionally omitted any good qualities Sydney boasts. The Lands Department, Macquarie Place Sydney is a remarkable building that possesses historic beauty amongst a chaotic built-up area. As one of Sydney's oldest buildings that represents heritage and culture, it is no wonder why Roland Wakelin chose this structural feature of Sydney as the subject matter for his landscape painting. The emphasis on architecture suggests the recognition of the pride and beauty of the city. There is no evident sign of litter in the artwork, and a significant absence of congestion by cars and other conspicuous high-rises. The poem ââ¬ËCity Trip' represents the city in an urgent state. The surreptitious nature of the city is expressed by the impoverished homeless and the desperation of the prostitutes. This is in contrast to Wakelin's artwork, which presents the city as an exposed, yet rather harmonious place. The dull colours, along with the pale blues, deep reds and charcoals illustrate a quiet and serene quality. Since the artwork was composed 57 years ago, it is evident much of the city has changed. Many people believe this change is for the worst. However my perception of the city is somewhat in between. I realise that no city is perfect, yet I believe every city has at least sone positive attributes. It is possibly just the number of these that may vary. In my eyes, the concepts of the city differ dramatically. The element of the corporate world does exist in most cities, yet for a person who is educated five days a week in the city, my perception will of course be persuaded by what Sydney has to offer. I see the city as an energetic and every changing place. It is true crime and immorality exists, and I accept this notion, however my experiences have led me to feel that isolation is not a problem, and anonymity is a positive characteristic. I sense freedom of all categories is extensive, whether it is freedom of sexuality, or the expression of unique style. Personally I could never call the heart of the city ââ¬Ëhome'. I adore the city, especially Sydney, yet I believe the mind needs to take time to relax and unwind ââ¬â and to me the city is not a tranquil and soothing place.
Sunday, January 5, 2020
Saturday, December 28, 2019
Why Do Students Get A Job - 1541 Words
Chapter 1 Background and Setting: Over the last decade there has been a significant increase in student mobility, from 2.1 million international students studying outside of their home countries in 2000 to 4.5 million in 2014 (Project Atlas, 2015). This represents a 100% increase and out of all the nations the United States of America continues to attract most students across the globe. According to the Institute of International Educationââ¬â¢s (IIE) Open Doors Report, the international student population has been on a steady increase since 2001-2002, and in 2014-2015, 974,926 international students were enrolled in U.S. higher education institutions (2015). It is clearly evident that USA became the dream world for the higher education. Why do students get a job? The answer may vary depending upon studentââ¬â¢s background, ethnicity, family situation, financial situation, and other variables (Guo, 2015, p. 1). According to Dundes, and Marx (2006)â⬠reason for working was to earn spending money (80%), followed by the need to pay basic living expenses (65%) and to pay tuition (29%). The latter two reasons for working were much more commonly cited by those working 20+ hours/week. Fewer students were working to please their parent/s (13%) and even fewer (8%) viewed working as a means to fill extra time in their schedulesâ⬠(p. 114). The reasons to do on campus jobs are also different for United States students and International students work for many reasons; financial need is theShow MoreRelatedIs College For Everyone?843 Words à |à 4 PagesNowadays, seniors students in high school are qualified to graduate and peregrinate to college to get a degree for their future jobs. There is an author, Pharinet, who verbally expresses that, ââ¬Å"That there are too many students enrolled in school who simply donââ¬â¢t belong thereâ⬠(680). Pharinet says that in her article, ââ¬Å"Is College for Everyone?â⬠She argues that college is not for everyone and that students should think deeply afore enrolling. She claims that students who are not academically readyRead MoreEssay on Preparing Our Children for Success with Education1495 Words à |à 6 Pagesdecisions of your life: what do I want to be when I grow up. Once you choose what you are going to be when you grow up you apply to university and college. One thing though that you are not told when your younger is the expenses of school and saving money towards it. You are always told that you need school and you have to go to school. But never how expensive school really is in Canada especially in Ontario. As easy as it sounds to get an education to get a good job, it really is not like that thereRead MoreWhy Students Should No t Start At High School1405 Words à |à 6 Pagesmake: to get a job or go to school full-time. 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Moreover, I will not support the Riley argument because I am going to support the article ââ¬Å"college is still worth the expenses,â⬠written by Justin Draeger. College education worth the cost from different ways. All college student does not have same aims to attain college. After high school some students have no any ideas what to do next. Those students justRead MoreEssay on Why Students Should Go to School765 Words à |à 4 PagesWhy should students go to school? There are several reasons why kids need to go to school but to me, the top three reasons are getting an education helps you go farther in life, itââ¬â¢s required by the state that you go till you reach a certain age, and it will help you learn social skills and help you be comfortable to talking to people. Although students may not like going to school, it benefits them in the long run. It is important for students to go to school to get an education. Even though some
Friday, December 20, 2019
Clinical Practice Reflection - 1592 Words
A REFLECTIVE CLINICAL PRACTICE EXPERIENCE Introduction My reflective clinical practice experience was based on my eight weeks placement in an acute mental health ward in a hospital. I was not sure of what to expect because I have never worked or placed in an acute ward and this was my second placement. Before starting my placement, I visited the ward and was inducted around the ward. This gave me a bit of confidence and reassurance about working in an acute ward. Reflection is a process of learning from ones experience (Spalding, 1998). The objective of my experience is to show the positive effect of using therapeutic communication skills with patients. Therapeutic communication can be described as a face to face technique ofâ⬠¦show more contentâ⬠¦I proceeded to arrange a date and time of our meeting. In our first meeting, he did not engage much with me as I started wrongly with him by mentioning his diagnosis of type 2 diabetic. This was a precipitating factor for him to disengage and he walked away. I felt really bad, but my mentor took over the key work session and reassures him that I was only trying to give him more information about this illness. For the rest of the shift, I played his favourite board game ââ¬Ëdominosââ¬â¢ with him and at the end, he said see you tomorrow. Before I finished my shift, I reflected back at what happened with my mentor. Going through the theories and the practicalities involved in nursing care interventions without having a good knowledge of using therapeutic communication with patients will amount to nothing. According to Ellis, Gates and Kenworthy (2003, p.214) says that good communication is vital to effective nursing and it is a good skill for a mental health nursing to be able to build up a therapeutic rapport with patients. In my fifth face to face communication with Mr K, he opened to us why he refused to be prick in his fingers for blood sugar and also about his diagnosis. He said that his older brother was labelled as having schizophrenia and blood was taken from him monthly by the doctors and he still remains in the mental health institution till date. Throughout our conversation, I listened attentively. IShow MoreRelatedReflection Of Clinical Practice794 Words à |à 4 Pagesprepared for mortuary and putting canulla and taking it out. These skills will be discussed in this essay using ( Gibbââ¬â¢s, 1988) model. I have chosen to use Gibbââ¬â¢s model because I find this model easier to use and understand to guide me through my reflection process. Moreover, this model will be useful in breaking the new skills that I have developed into a way that I can understand. 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EBP in nursing refers to the adaptation of the latest best nursing research findings with nursesââ¬â¢ clinical experience and the value and preference of patients, families and communities to make the patient ca re better (TheRead MoreIch Gcp Guidelines19159 Words à |à 77 PagesINTERNATIONAL CONFERENCE ON HARMONISATION OF TECHNICAL REQUIREMENTS FOR REGISTRATION OF PHARMACEUTICALS FOR HUMAN USE ICH HARMONISED TRIPARTITE GUIDELINE GUIDELINE FOR GOOD CLINICAL PRACTICE E6(R1) Current Step 4 version dated 10 June 1996 (including the Post Step 4 corrections) This Guideline has been developed by the appropriate ICH Expert Working Group and has been subject to consultation by the regulatory parties, in accordance with the ICH Process. At Step 4 of the Process theRead MoreReflection1542 Words à |à 7 Pagesdiscuss the contribution of reflective practice for clinical nursing. Reflection has been defined as a way for individuals to ââ¬Å"capture their experience, think about it, mull it over and evaluateâ⬠(Boud et al 1985: 19) Argyris and Schon (1974) suggest that practitioners often practice at less than effective levels because they follow routine. Johns (1995) implies that action can be taken through reflection to increase effectiveness in practice as reflection provides opportunities for self developmentRead MoreReflection: Surgery and Reflective Practice1110 Words à |à 5 Pagesassignment critically discusses a reflective practice with regards to a clinical placement I undertook. In the following critical incident that I encountered I will utilize the Gibbs Reflective Model. Gibbs reflective model is fairly straightforward and encourage a clear description of the situation. Analysis of feelings, evaluation of the experience, analysis to make sense of the experience, conclusion and action plan where other options are considered and reflection upon experience to examine what you wouldRead MoreNursing Reflection Essay1419 Words à |à 6 PagesReflection on a clinical Skill This essay will discuss a clinical skill in which I have become competent in practicing as a student nurse. I will use a reflective model to discuss how I have achieved the necessary level of competence in my nurse training programme. The reflective model I have chosen to use is Gibbs model (Gibbs 1988). Gibbs model of reflection incorporates the following: description, feelings, evaluation, analysis, conclusion and an action plan (Gibbs 1988). 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The reflective model I have chosen to use is Gibbs model (Gibbs 1988). Gibbs model of reflection incorporates the following: description, feelings, evaluation, analysis, conclusion and an action plan (Gibbs 1988). The model will be applied to the essay to facilitate critical thought,Read MoreAcademic And Clinical Aspects Of The Curriculum846 Words à |à 4 Pageseffectively in a clinical setting by applying theoretical knowledge to practice (Stuart, 2013). Although, one of the biggest challenges for healthcare practitioners today is linking the academic and clinical aspects of the curriculum (Plack et,al 2008; Stuart, 2013). Kolb (2013) argued th at the dynamic encounters and unique patients experience faced by students in the clinical setting usually do not follow the well-defined theoretical perspective being outlined in classroom. Reflective practice has beenRead MoreConstructivist Learning Theory And Nursing Practice1520 Words à |à 7 PagesIntroduction As the demand for nursing education grows and with the rapidly advancing roles of nursing, educators need to stay up-to-date. ââ¬Å"Theory-based practice provides nurses with a perspectiveâ⬠(Parker, 2006, p.28). With the comprehension and use of educational theories, nursing educators can support student knowledge and development into practice. These theories are outlines of cohesive concepts and principals that describe, explain, or predict how people learn. Every one learns differently and
Thursday, December 12, 2019
Organizational Values free essay sample
The decision individual makes reflect their personal beliefs about what is important for them and the decision organization make reflect their personal belief about what they think is important. The personal and organizational value develops based on the decisions we make. Value alignment comes into place when the values of an individual are same as the values of their organization. If there is no alignment between the organization and employees, then the organization becomes in a more stressful condition. Companies who create a value alignment have very few problems. They know what their employees want and they know how to provide it. The value of the employees is important for successful for an organization. The values of an organization and the values of the nurse impact nurse engagement and patient outcomes. If the nurses have a happy environment in the hospital, it becomes a happy environment for the customers too. When nursing staff members feel empowered in the decision making process, they are energized to share their best talent, and skill. We will write a custom essay sample on Organizational Values or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Nurses are the nucleus of the health care organization (Nurses as implementers, 2003). An alignment between hospital and nurses will increase nursesââ¬â¢ satisfaction as well as patient satisfaction. The importance of effective communication in nursing is important when it comes to interacting with patients, medical team members and doctors. Miscommunication causes misunderstandings, low performance, misdiagnosis and patient suffering. Therefore, nurses acquire effective communication skills in order to competently supervise. Communication in nursing practice serves a vital function in the building of helpful relationship patients, and coworkers. Taking time to listen to and understand patients experiences convey a message that patients feeling cared for and respected. Through communication a patient can be reassured and understand their sickness fully. Once, when I worked as a charge nurse, a patient wanted to inform me about something. She told me that her assigned nurse was not giving pain medication on correct time, and demanded for a different nurse. When I talked to the assigned nurse she told me that she gave all pain medication on time and that patient was ready to be discharged but the problem as that the patient didnââ¬â¢t want to leave. I checked the medication administration record and it indicated that the nurse gave all the medication on time. I didnââ¬â¢t change the assigned nurse instead I decided to take care of the patient. I talked with the patient asked her why she doesnââ¬â¢t want to go home. She replied saying that the pharmacy she gets her medication from is closed on Saturday and Sunday and she cannot get her discharge medication until Monday. She also complained about not having any ride back home after being discharged. I called the social worker and she arranged to get her medication for the patient from hospitalââ¬â¢s charity for few days and also provided the patient with a cab voucher. I called the cab and discharged the patient home without any problem. The way I handled this situation was by communicating to the patient, and knowing her needs, and acting accordingly. By effectively communicating, problems can be solved easier without any further dissatisfaction from the patient. Nurses are able to prevent or manage conflicts by improving their communication skills. It is important for the nurse to try to understand the other partyââ¬â¢s situation. Then the nurses can become focused about being understood. Typically during a conversation, an individual is already tries to think of a response to give to a person instead of just listening to what is being said (Marshall, 2006). Most importantly the nurse must have the patience to listen, and not interrupt while the other person is talking. A good communication skill allows the nurse to resolve his or her own conflicts or take appropriate actions for conflict resolution between other individuals. Communication is the key factor in response to any problems. Effective communication helps maintaining credibility by solving the problems that arrive. Effective communication techniques influence the values of other nurses and are effective in problem-solving processes in the organization and the profession. People use organization values to lead themselves throughout their lives. Organizational values and each employeeââ¬â¢s personal values need to blend in as well as impact peoples behaviors and attitudes in the workplace. When employees fails to connections between taking responsibility for living their own lives and the accomplishment of organizational objectives, those organizations run the risk of falling short on promises made to customers, or worse, failing to meet ethical or legal standards.
Wednesday, December 4, 2019
Recent Developments in the Doctrine of Consideration
Question: Discuss how the development of economic duress has allowed the courts to move away from a rigid adherence to the doctrine of consideration? Answer: Introduction Generally, in contracts, there are three basic elements namely the agreement, the intention to create a legal obligation and the consideration. The doctrine of consideration is important because it endeavours to bind the parties to an agreement and checks the legal limits on them. The two principal rules associated with the doctrine of consideration are that it should move from the promise, but it may or may not reach the promisor and secondly, it may not be adequate, but it should be sufficient. The question that arises is that whether the doctrine of consideration is relevant in today's world or not. Does the doctrine establish in the case of Williams v Roffey still exist or have there been other doctrines that have taken up its place? In today's world, the existence of consideration has become very minimal, and the judges have resorted to going to extreme ends to juggle up considerations. Can we in today's context say that the doctrine of consideration is becoming redundant gradually? This application is widely happening in the transactions having a commercial nature. In the case of Williams v Roffey, it was established that a consideration that is factual and against the legal benefits shall be a proper consideration. Thus, the definition as to what constitutes proper consideration became much wider in ambit. The precedent of Williams has been applied on various instances in the Singapore Law like that of Sea-Land Service Inc v Cheong Fook Chee Vincent. The application of the doctrine of consideration is day by day becoming obsolete although it has not become totally redundant. The Doctrine of Consideration The principle upon which the doctrine of consideration primarily rests is the concept of factual benefit with the requirement that it should be sufficient. This concept of factual benefit gives the same purpose as that of the doctrine of consideration thereby negating the sufficiency requirement. This gives rise to the question that does this not make the doctrine absolutely unneeded? There are also various concerns regarding the application of the doctrine of consideration. In the case of Williams v Roffey, it was held by the judges that the promise that was made was sufficient and qualified within the terms of the consideration. But, in the case of Stilk v Myrick, it was ruled by the Courts that no consideration existed as the matter was with the presentation of an active contract. Both of these matters deal with the issue that a promise had been made to pay more than that owed under the contractual obligations. The decision given in these two cases is entirely opposite. The concern in this regard is the justification provided by Lord Justice Russell in Williams. It is very clear from the statement put forth that the judge was not pleased with the judgment pronounced in the case of Stilk. While there is such a big difference in the application of the same doctrine in different areas, then, what should be the base for the upcoming litigations to remove the incons istency in the same law? These inconsistencies help in contemplating the effectiveness of the doctrine of consideration. Application of the Doctrine As far as the applicability of the doctrine of consideration is concerned, there are unquestionably certain issues that raise questions on its effectiveness. This doctrine is becoming redundant gradually, and there are several other doctrines that are day by day encompassing the essence of consideration and reshaping it. The other doctrines in this aspect are the doctrine of promissory estoppels, undue influence, the doctrine of duress, unconscionability, etc. Vitiating factors are often used by the Courts as a means in alteration of the doctrine of consideration. Economic duress is mostly served to make contracts that were framed by using improper conduct to be termed as voidable. The doctrine is used in those circumstances when unlawful pressure is exerted on the parties and because of that pressure, people enter into a contract. This doctrine tries to prevent the disputes that might fall under extortion that have a higher effect. That can lead to such circumstances that might give a look that the consideration in the contract was a valid one. These kinds of matters might result in very unfair judgments being pronounced by the Courts and in those circumstances; the doctrine of consideration is likely to become even more invalid. These situations arise when one of the parties in the contract, which generally happens to be in the dominant position, uses the advantage of his position to induce his words in the mouth of the other party. There might also be a situation when because of the dominant position enjoyed by one party; the other party may be prevented from entering into a contract although the same might be beneficial for them. Generally, in all these circumstances, it is very simple to find an alternative shape of consideration in the agreement that ultimately results in unfair judgments being pronounced by the Courts. The Doctrine of Duress The doctrine of duress tries to protect the unscrupulous behaviour that often gets highlighted in the contracts when they are formed. The application of this doctrine is witnessed on a large scale where the unethical behaviour is displayed by the use of money, power, and favourable position. What the courts look forward to nowadays is not concerned with the application of the precedents of either Williams or Stilk. Rather, the application of the principle of the law that there should be the possible display of sufficient consideration is looked at by them. While the alternatives, on the one hand, have their own benefits, they also have certain limitations that are associated in addition to that. They firstly do not hold as good a foundation in the legal system as is held by the doctrine of consideration. Because consideration is one of essential doctrines governing the law of contracts, totally abolishing the same is somewhat difficult. Hence, in such a situation, the best alternativ e that is available is that it should be entirely left in the hands of the judges to decide a matter based on the circumstances of a case. It cannot be denied that there are certain flaws in the existing system but for that issue, totally abolishing the same can never be a solution. There can be certain revisions and amendments made in the existing system. Consideration is one of the essential elements of any contract and in legal language; it means the price for the contract that is paid by one party to the other party as an acknowledgement of the performance of the contract. What is essential in its characteristics is that it is supposed to move from the promise and should be sufficient. Originally, it was meant for those promises that were made in the domestic level and for transactions that were controlled by the landowners around the mid 18th century. Since there was the very little development of commerce, trade agreements were also not well developed. What has been of concern is that time has changed, and so has the legal framework, but the doctrine keeps working on its traditional way. There is also a great amount of confusion that has been put forth before the common masses between the legal benefit and the detriment post the judgment of Williams v Roffey. The question has also been put on the validity of the concept of consideration. It was held in this matter by the Court that Roffey Bros were supposed to pay Williams because they had derived a benefit that qualified to be sufficient consideration. The general rule regarding consideration is that none of the promises to perform a contract can ever qualify to be sufficient consideration. However, an exception was laid in this rule. It was stated that none of the parties should thrive to reap any additional benefits when the obligations have been fulfilled by the other party. The rule under the common law, on the contrary, looks at the detriment for those obligations that come under public duty. Hence, because the factual benefit is displayed in everyday behaviour very easily, hence, to apply the rule established in Williams the scope of the doctrine of consideration has to be altered. Analysis of the Situation Now, because the verdict in this matter was related to assessing the sufficiency of consideration, the judgment has left a smudge in the analysis of injury. If a benefit is said to be the adequate consideration, then, there must be no differentiated opinion over the judgments on different occasions. Thus, it should be a situation where the benefits earned should be sufficient in cases of price reduction as well. In the case of Re Selectmove Ltd, it was held that the promise to pay less did not qualify to be a valid agreement under the rule of Williams. The general rule as laid down in the Pinnels case which states that no part payment will be a sufficient consideration still prevails. Reference should be drawn of the case of Foakes v Beer. In this matter, it was held by the court that there was no supplementary profit that went from Foakes to Beer. If we could have got proof that certain additional benefit was moving from Foakes to Beer that would have amounted to a sufficient consideration. But, no plausible outcome was stated by the court that could prove towards a sufficient consideration. Hence, it can be very well said that the common law position is very unclear. Further, considering the case of Pao On, we can say that there may be consideration without duress while we evaluate the performance of duty towards a third party while there id legal benefit. Here again the principle laid down in Williams happens to be redundant. The courts in various occasions have taken varied views regarding the applicability of the consideration criteria. While generally, the importance is given to the intention to enter into a legal relationship, consideration has very often been overlooked. The examples of these instances are Chwee Kin Keong v Digilandmall.com Pty Ltd and Edwards v Skyways. The courts in these have laid that the priority should be given to the honour clauses rather than the requirement of consideration. The priority is always given to those circumstances where the contracts are drafted under a seal of the law. If the seal is present, seldom is importance given to the consideration criteria. The doctrine of consideration may seem to be a bit out of track because the intention behind the contract is given much more importance. Advantages and Disadvantages After having analyzed the various alternative approaches taken by the Courts, we shall now evaluate if these options are feasible methods or not. The duress doctrine provides that if any unfair pressure is put on any individual, he cannot be forced to enter into an agreement. If the doctrine of duress is applied in just conditions, then, the weaker party gets a protection under the law. However, in most of the instances, it is often difficult to determine in the specified instances if duress was present or not. Like in the case of Williams v Roffey, the ambiguity has not yet been resolved as to what is a normal commercial pressure and what is an economic duress. In any event, if economic duress is established, it has the effect of overriding consideration, and the contract is held to be invalid. In majority of the situations, the courts look at the presence of duress before validating a contract. Though strict guidelines are absent, the validity of the doctrine is often questioned and this often results in various uncertainties and ambiguities. As in the case of Barton v Armstrong, these clauses, only have the effect of making a contract voidable and not void. Thus, in this respect, we can state that unlike consideration, the duress cannot make a contract void. Hence, from this it is very clear that duress can never be a total replacement for the doctrine of consideration. To replace consideration, there are wider aspects over public policy as well. There are numerable public servants who are likely to misuse the concept for deriving benefits. In such matters, even though the presence of extortion will be low, yet, the additional benefits during the process is likely to have an effect over the performance of the duties. This conflict with the public policy on the face as it is detrimental for the society as well. Hence, to justify the position of the concept of duress, number of cases is required. Since, on the one hand, our society of today is largely dependent on the latest forms of trade and commerce, duress is likely to increase at a steady rate. On the other hand, the situation has not yet become so ripe that the entire concept can be over ridden by the concept of duress. Feasibility Criteria Thus, we can say that precisely, it is very difficult to abolish the consideration criteria in contracts and replace it totally with duress. The alternative of duress is not totally developed and concrete enough so that it can be used as a total replacement. Moreover, the basic role that is played by the concept of duress is very different from the concept of consideration as far as the basis of law is concerned. As the present situation goes, consideration goes at an equal pace with the requirement of duress. Duress in today's era is nothing more but a simple exception that moves parallel to the well established the doctrine of consideration. It is not a valid requirement foe any legal agreement to be termed as a contract and as far as the situation in the present day is in question, it goes very much hand in hand with consideration. The original doctrine of consideration still applies in every single case of contracts. Hence, it can be validly said that this doctrine of duress does not possess a similar threshold of coming at an equal standard of consideration and even if it does, it will become extremely difficult to determine the validity of these contracts in those areas which generally come under the exceptions if the entire concept of consideration is totally removed and detained. Conclusion While we come to write the conclusion in this respect, it can be said that the same may be totally removed but nowhere can it be said to be totally redundant. Considering the changing shape of commercial transactions, we can say that the common law in the upcoming time will evolve out gradually to remove all the redundancies that are present so that the requirements can be met by the society and the situation fits in the puzzle of the pressures of the modern society contracts. There has to be an analysis of many more cases under the common law doctrine to establish a valid jurisprudence in this regard. Since the law develops slower than the pace in which society develops, it should be borne in mind by all of us that the law is likely to suffer from certain imperfections. In order to have a reduction in these imperfections, exceptions do come out but the doctrines that have been considered to be the skeleton of the legal pillar and those which give a shape to the law, should be kept r unning. This is because they have an impact over many of the operations in which the society is till date engaged. The same logic applies over consideration as well. Abolishing the entire concept is likely to create greater chaos and confusion in the legal domain. References Axelsen D and Nielsen L, 'Sufficiency As Freedom From Duress' [2014] J Polit Philos Denning A, 'RECENT DEVELOPMENTS IN THE DOCTRINE OF CONSIDERATION' (1952) 15 The Modern Law Review E-lawresources.co.uk, 'Contract Consideration' (2015) accessed 5 August 2015 E-lawresources.co.uk, 'Duress' (2015) accessed 5 August 2015 Enonchong N, Duress, Undue Influence And Unconscionable Dealing (Sweet Maxwell 2006) Ibbetson D, 'DURESS REVISITED' (2005) 64 Cam. Law. J. Inbrief.co.uk, 'Duress And Undue Influence In Contract Law' (2015) accessed 5 August 2015 Mcbridesguides.com, 'Doctrine Of Consideration | Mcbridesguides' (2012) accessed 5 August 2015 Sjol.co.uk, 'Why English Contract Law Should Prohibit Unfair Conduct In Contractual Negotiations By A General Doctrine Of Unconscionability - The Student Journal Of Law' (2015) accessed 5 August 2015 Swain W, 'The Changing Nature Of The Doctrine Of Consideration, 17501850' (2005) 26 The Journal of Legal History Barton v Armstrong [1973] UKPC 2 [1973] UKPC Chwee Kin Keong and Others v Digilandmallcom Pte Ltd [2005] SGCA 2 [2005] SGCA Edwards v Skyways [1964] 1 WLR 349 (1964) 1 WLR Foakes v Beer [1884] UKHL Pao On v Lau Yiu Long [1979] UKPC 2 [1979] UKPC Re Selectmove Ltd [1993] EWCA Sea-Land Service Inc v Cheong Fook Chee Vincent (1994) 3 SLR 631 (1994) 3 SLR Williams v Roffey Bros and Nicholls (Contractors) Ltd (1990) 1 All ER A. T. Denning, 'RECENT DEVELOPMENTS IN THE DOCTRINE OF CONSIDERATION' (1952) 15 The Modern Law Review. Williams v Roffey Bros and Nicholls (Contractors) Ltd (1990) 1 All ER. Sea-Land Service Inc v Cheong Fook Chee Vincent (1994) 3 SLR 631 (1994) 3 SLR. Warren Swain, 'The Changing Nature Of The Doctrine Of Consideration, 17501850' (2005) 26 The Journal of Legal History. Mcbridesguides.com, 'Doctrine Of Consideration | Mcbridesguides' (2012) accessed 5 August 2015. David V. Axelsen and Lasse Nielsen, 'Sufficiency As Freedom From Duress' [2014] J Polit Philos. Nelson Enonchong, Duress, Undue Influence And Unconscionable Dealing (Sweet Maxwell 2006). E-lawresources.co.uk, 'Duress' (2015) accessed 5 August 2015. David Ibbetson, 'DURESS REVISITED' (2005) 64 Cam. Law. J. Re Selectmove Ltd [1993] EWCA. E-lawresources.co.uk, 'Contract Consideration' (2015) accessed 5 August 2015. Foakes v Beer [1884] UKHL. Inbrief.co.uk, 'Duress And Undue Influence In Contract Law' (2015) accessed 5 August 2015. Pao On v Lau Yiu Long [1979] UKPC 2 [1979] UKPC. Chwee Kin Keong and Others v Digilandmallcom Pte Ltd [2005] SGCA 2 [2005] SGCA. Edwards v Skyways [1964] 1 WLR 349 (1964) 1 WLR. Barton v Armstrong [1973] UKPC 2 [1973] UKPC. Sjol.co.uk, 'Why English Contract Law Should Prohibit Unfair Conduct In Contractual Negotiations By A General Doctrine Of Unconscionability - The Student Journal Of Law' (2015) accessed 5 August 2015.
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