Essay On Complex Intervention In Mental Health Care

A Focus on Complex Interventions in Mental Health Care: Individualized Care and Recovery Today, people face a lot of mental health problems such as stress, depression, anxiety, panic attacks, and schizophreniabecause of the excessive demands and risks in life. People with mental health problems, tend to exhibit some emotional variations such as changes in mood, chronic anxiety, and erratic thinking (Allen, Marmot, WHO, FundacÃŒ §aÃŒÆ'oCalousteGulbenkian,2014). According to WHO (2003; and Allen, Marmot, WHO, FundacÃŒ §aÃŒÆ'oCalousteGulbenkian, 2014), often, mental health problems result from the combination of certain factors such as childhood neglect and abuse, stigma and discrimination, social loneliness and isolation, long-term stress, the death†¦show more content†¦According to Patel, Flisher, Hetrick, and McGorry(2007), treatment of for mental disorders has not been easy even in the developed country considering the limited professionals. Even when one accesses treatment, the interaction between patients and caregivers can sometimes be strained bythe absence of mental health professionals, the non-specialists struggle before they can offer quality mental-health care (Patel, Flisher, Hetrick,McGorry, 2007). According to WHO (2008), there have been increased cases associated with lack of treatment especially with persons with alcohol and substance abuse. Another challenge to access mental health treatement is the concern that the information about the treatemnent will be public (Tanielian, Jaycox, Jaycox, Rand Corporation, 2008). Thus, for the interventions to be effective, there is the need to ensure that the right treatment and recovery model is applied. According to Jacob (2015), the concept of individualized recovery process is about being in control of one’s life. One reconstructs or recovers a valued sense of purpose and identity. Mental health practitioners such recommend for Cognitive Behavioral Therapy (CBT) although it might not be available. The cognitive model is focused on the development of individual’s coping mechanism that change any unhelpful cognitiveShow MoreRelatedMaternity Care Of Women With Mental Health Issues1500 Words   |  6 PagesWithin this essay maternity care of women with mental health issues will be analysed and discussed in conjunction with contemporary society and health care provision. Raynor and Oates (2014) portray pregnancy, childbirth and the puerperium as a significant but normal life-changing event that can transform lives of women and lead to intensified levels of anxiety, emotion, self-doubt, stress and strain due to the responsibilities of parenthood and changes this presents to family dynamics. Mental healthRead MoreBiomedical And Social Model Of Health1712 Words   |  7 PagesThis essay will focus on the biomedical and social model of health. It will be critically discussing both models using supporting theories and highlighting the limitations of each. This essay will also discuss and analyse how both models relate to lay perspectives on health and illness. What is health and illness? In order to analyse and critically discuss the two models that are biomedical and social we first have to understand the concept and terms of health and illness. (WHO, 1948) describesRead MoreThe Role of a Midwife in Maternity Care1448 Words   |  6 PagesThis essay will be relating to an episode of care that was provided to a woman, her partner and their baby on day five during the postnatal period. It will examine the role of the midwife in relation to breastfeeding and how this was not achieved in the case study which is shown in the appendix. Throughout the essay it will look at the following outcomes: the role and responsibility of the midwife within current maternity care provision, the importance of sensitive midwifery, key legal and ethicalRead MoreAlternative Medicine For Traditional Medicine1353 Words   |  6 Pagesalso result in the future perception about alternative medicine in mainstream medical community. Kayne (2004) states that: â€Å"as patients have greater access to information, their needs and value change. They become more involved in their overall health care and are taking a more natural and holistic approach to a chieving well-being†. Complementary and Alternative Medicine (CAM) is an umbrella term of numerous diagnostic and therapeutic methods that lie orthodox medicine (Ernst, 2004). This dissertationRead MoreThe Stigma Of Mental Health968 Words   |  4 PagesINTRODUCTION The stigma in mental health system is deep rooted and its origin goes back by centuries. The stigma is powerful that it has been codified in federal since last 50 years. But the realization that the stigma attached adversely affects mental health care system is still lacking. The discrimination against mental illness has invaded the systemic structure causing more worries to sufferers of mental illness and their families. While every individual and system is well aware of mental illness and theRead MoreThis Essay Will Discuss The Impacts Of Social And Environmental1638 Words   |  7 PagesThis essay will discuss the impacts of social and environmental determinants of health on the well-being of an older person named Bill. Per The Ministry of Health (2016), The Healthy Aging Strategy takes a life-course approach that ultimately seeks to improve the health and well-being for all older people. Bill lives in a rest-home, which as an environmental determinant, positively affects his wel l-being. This helps Bill to manage his health-related issues by surrounding him with adequate health servicesRead MoreLearning Mental Health During Undergraduate Education1657 Words   |  7 PagesLearning mental health during undergraduate education can be challenging as it is a broad and complex sector of health care. Like complicated physical illnesses, there are also various problems, frameworks, and theories associated with a person’s mental aspect which can be hard to learn and explain if without further studies or exposures (Simon, 2014). Therefore, utilising other types of learning such as the continuing professional development (CPD) online or face-to-face activities are importantRead MoreThe Social Theory Of Sociology1476 Words   |  6 PagesSociology has been a recognized academic subject in British universities for over a hundred years. The subject maintains its specialist standard but components of it can be found in various degree courses including teaching, health profession, journalism and, social work. Its influence on such a broad range of disciplines and professions grants it a highly regarded status in the academic world. (Cunningham Cunningham: 2008). Sociology examines the social causes, explains outcomes, concentratesRead MoreIntimate Partner Violence Essay1390 Words   |  6 PagesCITATION: Arroyo, K., Lundahl, B., Butters, Rob. Vanderloo, M., Wood, D.S. (2017). Short-term interventions for survivors of intimate partner violence: A systematic review and meta-analysis. Trauma, Violence, Abuse, 18(2) 155-171. SYNOPSIS The above listed five authors, employed at the College of Social Work, University at Utah, Salt Lake City, UT. USA was the persons that produced the systematic review (SR). Those same persons were all involved in conducting this review. This review focusedRead MorePersonal Views And Experiences Of Mental Illness Essay1920 Words   |  8 Pagesthis essay I will start by stating my personal views and experiences of mental illness and relate them to the concept of self awareness. I will then discuss a definintion of theraputic enagement and describe the processes involved in relation to mental health nursing. I will also describe the concept of collaborative practice and the contexts of it in mental health nursing in the community. Lastly I will demonstrate the relationship between these concepts and their significance in mental health nursing

The Public Company Accounting Oversight Board - 1193 Words

The Sarbanes-Oxley Act created the Public Company Accounting Oversight Board (PCAOB) to assume the responsibility of overseeing the auditors of public companies. The PCAOB is a private-sector, non-profit corporation. It was established to protect the interests of investors and further the public interests in the preparation of informative, fair, and independent audit reports. (The PCAOB) Although the PCAOB is a private sector organization, it has many government-like regulatory functions. The PCAOB was created in response to an increasing number of accounting restatements by public companies during the 1990s and a series of recent high-profile scandals like Enron and WorldCom. Prior to the PCAOB, the audit industry was self-regulated†¦show more content†¦Many firms are upset by this rule because of its limitations. However, I believe that this new rule is a good idea. Previous engagements between firms and clients have been given a large notice of when the rule will be in ef fect. They are given plenty of time to finish their engagements. This new rule may allow small firms more possibilities to increase their clientele. We may be moving away from having a small number of large firms doing all the services to having many firms providing the services. Also, Rule 3523 will ensure independence. Another issue that has arisen since the establishment of the PCAOB is the increased compliance costs. In 2007, the PCAOB has been awarded a budget of 136,429,000 dollars by the SEC. Of that amount, 79,514,000 dollars will be used to pay for salaries. (The PCAOB) The PCAOBs budget is paid by public companies through fees and audit firms through fines. These fines can reach 100,000 dollars for individual auditors and up to 2 million dollars for audit firms. Many firms have increased their audit fees due to the increase in costs, partly due to the PCAOB. The PCAOB continues to grow each year. Their powers and responsibilities continue to grow, which in turn will lead to a larger budget. The SEC should take into consideration these additional fees for businesses and auditing firms when they determine the salaries of employees. The average salary for each employee is over 150,000 dollars, which is a substantialShow MoreRelatedThe Public Company Accounting Oversight Board774 Words   |  4 Pages Congress created the Public Company Accounting Oversight Board (PCAOB) or known as the Board, a nonprofit corporation in 2002 after Sarbanes- Oxley Act. The PCAOB purpose is to keep watch over audits of public companies in order to protect investors. Their responsibilities are broken into three main parts besides registering public accounting firms, the first one which is setting auditing standards by establishing what they need to do for audits, establishing quality controls, ethics, and independenceRead MorePublic Company Accounting Oversight Board1217 Words   |  5 PagesThis report provides information about the Public Company Accounting Oversight Board for Dr. Mack. The information includes the history and creation of the PCAOB, its structure, and its duties in today’s accounting world. The PCAOB is a nonprofit corporation created by congress. It was established by the Sarbanes-Oxley Act and was a response to the accounting scandals in the early 2000s. The SEC is authorized by congress to oversee the PCAOB’s operation. Additionally, the Securities and ExchangeRead MoreThe Public Company Accounting Oversight Board958 Words   |  4 Pagesestablished the Public Company Accounting Oversight Board (PCAOB) to regulate the audit industry to oversee accounting professionals who provided independent audit reports for publicly traded companies (SEC). Key responsibilities include: registering public accounting firms and establishing audit, quality control, ethics, independence, and other standards relating to public company audits (SEC). Conducting inspections, investigations, and disciplinary proceedings of registered accounting firms, as wellRead MorePublic Company Accounting Oversight Board1711 Words   |  7 PagesIntroduction Public Company Accounting Oversight Board (PCAOB), a nonprofit corporation that established by Congress and created by Sarbanes- Oxley Act, aims to supervise the audit of the public registered companies to make sure their reports conform the requirements of fairness and independence, in order to protect the interest of information users and investors (â€Å"PCAOB†, 2015). Actually, there are three major duties that PCAOB serves: setting auditing standards, inspecting registered public accountingRead MorePublic Company Accounting Oversight Board; Will It Protect Investors?1157 Words   |  5 PagesPublic Company Accounting Oversight Board; Will it Protect Investors? The Public Company Accounting Oversight Board (PCAOB) was created by Sarbanes-Oxley Act of 2002. This board was created to oversee the audit of public companies, subject to the securities laws, in order to protect the interests of investors (15 USC 7201, 2002). It was created in wake of the recent financial scandals of Enron, WorldCom, and Global Crossing to name a few. This Act established by Congress is to create an oversightRead More Public Company Accounting Oversight Board (PCAOB) - Will it Protect Investors?1109 Words   |  5 PagesPublic Company Accounting Oversight Board; Will it Protect Investors?   Ã‚  Ã‚  Ã‚  Ã‚  The Public Company Accounting Oversight Board (PCAOB) was created by Sarbanes-Oxley Act of 2002. This board was created to oversee the audit of public companies, subject to the securities laws, in order to protect the interests of investors (15 USC 7201, 2002). It was created in wake of the recent financial scandals of Enron, WorldCom, and Global Crossing to name a few. This â€Å"Act† established by Congress is to create anRead MoreFree Enterprise Fund Vs. Public Company Accounting Oversight Board700 Words   |  3 PagesIn the case of â€Å"Free Enterprise Fund v. Public Company Accounting Oversight Board† They were trying to determine what powers can reside over Public Company Accounting Oversight Board or also known as the PCAOB. They was disputing the fact that the President as no control over the board member since they are not appointed government officials and are not limited by government limitations. They are in fact in control over by the SEC, which stands for the securities and exchange commissions. In thisRead MoreThe Public Company Accounting Oversight Board2270 Words   |  10 PagesAbstract: On October 11, 2011, the Public Company Accounting Oversight Board (PCAOB) proposed a new rule. The rule is meant to name the engagement partner and other key participants who play a role in preparing audit reports. PCAOB believes that new rule would help to get more information and would be useful to investors, creditors and other financial statements users. After six years of debate over the intended and unintended consequences the PCAOB concluded and issued the rule on December 15Read MoreExtra Credit639 Words   |  3 Pagescreation of the SEC? Why was the SEC created? The SEC was created due to the stock market crash of 1929 which led to the great depression. The SEC was created to protect investors in security exchanges such as the stock market. It is responsible for oversight of both private investment and corporate investment dealings. b. What are the five divisions of the SEC? Briefly describe the purpose of each. The five divisions of the SEC are corporate finance, enforcement, economic and risk analysis, investmentRead MoreEthical and Legal Obligations in Accounting1329 Words   |  6 PagesMarshall (2004), accounting is the process of identifying, measuring, and communicating economic information about an organization for the purpose of making decisions and informed judgements (p. 3). Specifically, financial accounting refers to the process that results in the preparation and reporting of financial statements for an entity (Marshall, McManus, Viele, p. 5). While many entities prepare their own financial statements, firms can also contract with a public accounting firm or a Certified

Essay on Slavery in Latin America - 4587 Words

Slavery in Latin America Chile History Before the arrival of the Spanish in the 16th cent., the Araucanians had long been in control of the land in the southern part of the region; in the north, the inhabitants were ruled by the Inca empire. Diego de Almagro, who was sent by Francisco Pizarro from Peru to explore the southern region, led a party of men through the Andes into the central lowlands of Chile but was unsuccessful (1536) in establishing a foothold there. In 1540, Pedro de Valdivia marched into Chile and, despite stout resistance from the Araucanians, founded Santiago (1541) and later established La Serena, Concepcià ³n, and Valdivia. After an initial period of incessant warfare with the natives, the Spanish†¦show more content†¦The colonial aristocracy and the clergy had been discredited because of royalist leanings. The army, plus a few intellectuals, established a government devoid of democratic forms. Yet with the centralistic constitution of 1833, fashioned largely by Diego Portales on Chiles part icular needs, a foundation was laid for the gradual emergence of parliamentary government and a long period of stability. During the administrations of Manuel Bulnes (1841-51) and Manuel Montt (1851-61) the country experienced governmental reform and material progress. The war of 1866 between Peru and Spain involved Chile and led the republic to fortify its coast and build a navy. Chileans obtained the right to work the nitrate fields in the Atacama, which then belonged to Bolivia. Trouble over the concessions led in 1879 to open war (see Pacific, War of the). Chile was the victor and added valuable territories taken from Bolivia and Peru; a long-standing quarrel also ensued, the Tacna-Arica Controversy, which was finally settled in 1929. Chile also became involved in serious border troubles with Argentina; it was as a sign and symbol of the end of this trouble that the Christ of the Andes was dedicated in 1904. With the exploitation of nitrate and copper by foreign interests, chiefly the United States, prosperity continued. The Transandine Railway was completed in 1910, and many moreShow MoreRelatedSlavery in Latin America1676 Words   |  7 Pages#65279; Slavery in the Americas was quite diverse. Mining operations in the tropics experienced different needs and suffered different challenges than did plantations in more temperate areas of Norther Brazil or costal citys serving as ports for the exporting of commodities produced on the backs of the enslaved peoples from the African continent. This essay will look at these different situations and explore the factors that determined the treatment of slaves, the consequences of that treatmentRead More Slavery In Latin America Essay example1641 Words   |  7 PagesSlavery In Latin America   Ã‚  Ã‚  Slavery in the Americas was quite diverse. Mining operations in the tropics experienced different needs and suffered different challenges than did plantations in more temperate areas of Norther Brazil or costal city’s serving as ports for the exporting of commodities produced on the backs of the enslaved peoples from the African continent. This essay will look at these different situations and explore the factors that determined the treatment of slaves, the consequencesRead MoreSlavery in Latin America vs Us3432 Words   |  14 PagesSlavery and its Impact in Latin America Vs the United States Slavery originally started in Latin America and the West Indies by the French, Spanish, and Portuguese after the conquest, to replace the depopulated labor of the Indigenous people. Shortly after, slavery became a profitable enterprise for the capitalistic driven United States. Some of the principal laws and systems of slavery were the same in both regions, but others were later changed. It brought about many changes, with respectRead MoreEssay on Latin America And Slavery1933 Words   |  8 Pages Prior to its independence Latin America had been controlled by external forces for hundreds of years. To be freed of control from these outside interests did not in any way guarantee Latin America a return to the status quo. In fact, the inhabitants of Latin America had done very well in assimilating their in house controllers. They adopted European language, religion, color, and just about everything else that the European culture had to offer them. Although they were free to do as they pleaseRead MoreEuropean Exploration And Conquest Of Latin America1277 Words   |  6 PagesBefore European exploration and conquest in Latin America the indigenous people lived off the land working mainly to support themselves. Despite having conflicts of their own, most Latin American tribes would coexist peacefully relative to what was to come. Some, more advanced civilizations, such as the Aztec, did have conditions somewhat similar to those that would soon spread to the rest of Latin America. Wh en European settlers started to take over the Americas, however, conditions got markedly worseRead MoreGeorge Reid Andrews Afro Latin America1584 Words   |  7 PagesGEORGE REID ANDREWS: AFRO-LATIN AMERICA In this paper, I would arguer that the history of USA is intertwined with the issue of Blacks – their enslavement and freedom but it has not as yet been focused that this subject has far greater impact in Central and Latin America, thus the greater impact of blacks in Central and Latin America would be the main theme or argument of this paper. This book, Afro-Latin America by George Reid, is the first attempt to focus on this side of the African DiasporaRead MoreGeorge Douglas And Abraham Lincoln903 Words   |  4 PagesIn Robert E. May’s, Slavery, Race, and Conquest in the Tropic, May tackles the notion of slavery in the tropics and how Douglas and Lincoln campaigned against slavery in the tropics . He first states the differences between Stephen Douglas and Abraham Lincoln’s positions concerning southward expansionism and how these two influential men arrived at and supported their stances. Robert May goes on to show potential U.S. expansion into Latin American and Caribbean territories led to the growing discontentRead MoreSimilarities And D ifferences Between The French And Latin American Revolutions1044 Words   |  5 PagesFrom 1750 to 1914, several important revolutionary processes occurred in the Americas, including those of North America and Latin America. The North American and Spanish American Revolutions were similar in that they both shared the common goal of liberation from the foreign colonial governments that ruled over them. However they differed in that there was no goal for social reform in the American Revolution, but in the Haitian Revolution the slaves had the goal of social reform of the rigid socialRead MoreThe Haitian Revolution And Latin American History1278 Words   |  6 Pages The Haitian Revolution was one of the most important slave revolts in Latin American history. It started a succession of other revolutionary wars in Latin America and ended both colonialism and imperialism in the Americas. The Haitian Revolution affected people from all social castes in Haiti including the indigenous na tives, mestizos, mulattos and the Afro-Latin. The idea of starting a rebellion against France began with the colony’s white elite class seeking a capitalist market. These elites inRead MoreLatin America Revolutions Essay775 Words   |  4 PagesVienna, revolts plagued many European countries as well as several areas in Latin America. France was driven from Haiti, Portugal lost control of Brazil, and Spain was forced to withdraw from all its American empire except for Cuba and Puerto Rico. Colonial government in South America came to an end. Three countries where revolts were successfully established were Haiti, Venezuela, and Brazil. The countries in Latin America benefited from the revolts because they became free from colonial rule, but

The Effects Of Physical Education On Children - 1594 Words

According to the New York Times the United States is the 11th worst country for obesity rates out of 15 developed countries and the Program for International Student Assessment measurement found the U.S. ranked 31st in math literacy and 23rd in science (Klein). Since 1980, the obesity rate for children has been rising at a steady rate, while the education and cognitive ability of children has been falling at a steady rate. We can assume there is correlation between the physical fitness of children and their cognitive ability and come to the conclusion that exercise is crucial to the development and cognitive ability of children. It is estimated that almost 48 percent of schools in the U.S. do not have physical education class. In order to†¦show more content†¦PE teaches children how to participate in many sports and activities and introduces new fun ways to be active. A student might not know he or she likes a sport until being taught at school. For example, I was not fan of ultimate Frisbee growing up. I was made to play it in PE class and I ended up loving it. Now I own a few Frisbees—which are extremely cheap—and I play Frisbee every chance I get. This is just one example of an easy to learn, fun, low cost sport that PE taught me. A school can also add a lifetime sport requirement to their curriculum. This will give the students an opportunity to learn a sport that they can play its entire life and will increase their chances of living an active lifestyle. According to Figure 1, students who take P.E. in schools are far more likely to be active outside of school. Life time sports not only act as a way to stay fit but also as a social outlet (Emerson). Many of them require a partner or an opponent. Lifetime sports are great activities to strengthen relationships with people. If a student knows a lifetime sport, it increases their chances of living an active lifestyle. Figure 1. (Holland). Schools need to encourage students to participate in sports and active extracurricular activities. Sports and extracurricular activities are crucial to the student’s social development. â€Å"Sports programs teach students about teamwork, goal-setting, the pursuit of excellence in performance, and many other

Time Warner Cable Free Essays

Large-scale mergers between media companies are becoming more and more commonplace in recent years causing alarm to consumers and industry analysts. The result of these mergers has been a consolidation of market competitors causing media ownership and influence to be controlled by a smaller and less diverse group of firms, the essence of anti-competitiveness. Most recently, Compact announced its intent to acquire Time Warner Cable (ETC) which, if approved, will unite the two biggest companies in the cable television market (Steelers, 2014). We will write a custom essay sample on Time Warner Cable or any similar topic only for you Order Now The merger would give unprecedented power to the newly merged company which would over 30 percent of the pay television subscribers (Baker, 2014). The fact is that separately, Compact and ETC already have market power in numerous local geographic markets. Compact is the nation’s largest provider of pay television with 22 million subscribers (41 percent of all homes and businesses in the geographic areas in which Compact operates). ETC is the second largest cable television company with 1 1. 2 million subscribers. After the merger, approximately one third of all cable television bickerers will be Compact customers sparking concern about the amount of leverage and influence one company should control (Rhombohedra Camilla, 2014). There are varying opinions about the kind of economic industry cable television market operates in. Many argue that cable television is a â€Å"natural monopoly’ (source). Economics professor, Thomas Delivered, explains, natural monopolies occur when production technology, such as relatively high fixed costs, causes long-run average total costs to decline as output expands. In such industries, the theory goes, a single reducer will eventually be able to produce at lower cost than any two other producers, thereby creating a ‘natural’ monopoly. Higher prices will result if more than one producer supplies the market. (Delivered, 1996, p. 43) Natural monopolies are created when the initial investment in the framework and infrastructure required to enter the market are so high that it discourages other firms from coming into the market. Installing cable lines is an example of the high cost of starting a business in the television industry and a â€Å"first come, first serve† mentality for natural monopolies. Implementing the cable lines is considered a sunk cost and is one reason why there are such overwhelming difficulties to entry in the cable industry. With natural monopolies, economies of scale are also very significant so that minimum efficient scale is not reached until the firm has become very large in relation to the total size of the market allowing it to recoup its investment. The graph below shows the demand curve of a natural market economy (Economics Online, 2014). When price is allowed to be set by the company (P), it results in higher levels of profit and manipulation of the market. The company’s main concern is in the bottom line and maximizing its profits. The chart also shows a potential price (Pl) that would result if there was some regulation; for example, government imposes a price cap and the company operates at a loss. The cable television industry has also been described as a â€Å"patchwork of micro-monopolies† (Honda, 2011, p. 1). Since there are a small number of large companies that compete on the national scale, some argue that the industry cannot be classified as a monopoly or natural monopoly. However, the market structure, permitted and/or encouraged by the government, is set up so that Hess companies do not compete on the local level which results in small scale monopolies and little to no choice for the consumers. A 2011 survey by the Federal Communications Commission concluded that 61. 5 percent of customers had only one choice of cable provider in their neighborhood (Marten, 2012). The theory is that through local government legislation and result in nearly non-existent competition on the local level between cable companies has led to a non-competitive oligopoly (Shafer, 2014). Although the cable industry natural monopoly may have made sense initially, the companies that have been able to benefit from this market structure have exploited the consumer and been able to charge high prices for mediocre products. Many of the government regulations that were initially implemented at the onset on the industry were controversial; firms paid franchise fees enabling them to obtain decisions through offers of building public access studios and regulating the rates of the politicians’ Jurisdiction (Shafer, 2014). Notwithstanding the exact classification, there is a general consensus that too few companies in the cable television industry hold too much power. It is evident when comparing the service that the American public receives in terms of cable television and broadband from these companies to other developed nations that we consumers receive far less. Americans pay more for their personal service that in any other industrialized country except Chile, Mexico and Turkey (Crawford, 2014). In the United Kingdom, the government forces the cable companies which dominate the market to lease their networks to competitors at cost. This weakening of one of the major barriers to entry in the system has created competition and brought prices down considerably to the UK population (Caddis, 2014). There are many negative consequences for consumers when industries operate in monopolistic or near monopolistic competition. This is especially true when the industry is related to the media and has a great deal of influence on what the public is seeing and hearing. First, the media market will be too reliant on and loyal to large corporate sponsors. The industry will become singularly focused on what it can get from the consumer rather than concern with public interest. Second, a small number of colossal companies will represent the interests of their stockholders, usually America’s upper-class. Third, there is a lack of competition in the marketplace which leads to higher prices to the consumer and a lack of innovation in the products offered. These problems are exemplified by both ETC and Compact. In 2012, ETC spent Just 9 percent of its $41 billion revenue on maintaining and upgrading their equipment and networks (Hilt, 2013). Compact spent even less, 3. 7 percent of its $118. 3 billion revenue. There is little reason to believe that two companies spending such a small percentage of their revenue on making improvements to their products and services would change their strategy cost-merger. Consumers are already troubled with the possibility that the merger will be approved. Cable television companies already have critically low satisfaction scores among their clients. ETC and Compact are the two worst offenders in the industry. In 2013, the American Consumer Satisfaction Index gave the two companies the dubious distinction of having the lowest rated television and internet services in the United States (Ezra, 2014). According to Yogurt’s Barehanded, Americans do not want ETC and Compact to merge (Including, 2014). The television cable industry is notoriously retrieved by consumers in general and the announcement of the merger has caused the perception of the two companies to drop even further. The following chart shows how consumers are reacting to the $45 billion deal. In many cases, customers have no recourse other than cutting the cable cord completely if they do not choose Compact or ETC. There are many non-cable media options for the public to patron however, one major section of the population has no choice but to subscribe to cable: sports fans. This is of particular concern to the Dodgers and Lasers fans in Los Angles. Currently, ETC spent billions to obtain eradicating right to both massively lucrative sports franchises (Baker, 2014). This allows ETC to extract steep subscriber fees to its non-cable competition. When the negotiations between the companies stall or are incomplete, ETC blacks out the games to those who do not subscribe to ETC. This is especially problematic for sports fans who do not have the choice to become customers of ETC since the company does not even offer services in their region. Additionally, those customers who cut the cable cord are likely only able to access internet through the same company that was already overcharging for their television service. They will be able to watch Nettling or Hull instead of cable television but will still have to pay Compact in order to do so. It creates a catch-22 in the industry and very little choice for consumers in terms of who they select as their service provider. The merger between Compact and ETC will have a much greater impact than simply in the cable television industry alone. There will be a ripple effect in internet and phone service as well as the other media that these companies own such as NBC Universal and Sportsmen. The merged company’s control will be more widespread because of their various endures making it all the more potentially harmful to the consumer. How to cite Time Warner Cable, Essays

Promissory Estoppel and Contract Law

Question: Discuss what the term sufficient means in this context and whether the statement is accurate in regards to Australian contract law.? Answer: The modern doctrine of consideration originated from the judgment of Lush J in the case of Currie v Misa ((1875) LR 10 EX 153) where he defined consideration as: some interest, profit, right or benefit accrued to one party or some loss, forbearance, responsibility or detriment either undertaken, suffered or given by the other person. This definition introduced the notion of consideration to be no promise can be made enforceable unless the promisee has agreed to give something in exchange of the promise. The doctrine of consideration emerged in England in the 19th century. Whilst the exact origin of the doctrine cannot be recognized categorically, the roots of the concept can be outlined from the medieval times. It is of great importance that the doctrine of the consideration has been recognized by law as a promise which itself is a valid consideration for another partys promise. The concept of the doctrine has been adopted in Australia from the year 1788. Consideration is defined as a price for a promise made by the promissor to the promisee. Consideration is considered as an essential element to form a valid contract[1]. It makes the contract legally binding and enforceable by law. Sir Francis Pollock defines consideration as the promise is the price for which the promise of the other is procured and the promise made for the price is enforceable[2]. The doctrine of consideration must be sufficient and need not be adequate. Sufficiency and adequacy, in simple words, have similar meanings. However, in the legal parlance, the term adequacy signifies those situations where the price paid by a party is not proportionate to the price of what the party gets in exchange. A consideration is said to be sufficient in the legal parlance, it must be of some monetary value. A consideration besides amounting to monetary value, a consideration must be enough to be enforceable and recognized by law[3]. The doctrine of consideration must be made by the promisee but it may not e ssentially move to the promisor. Consideration is often proved to be more beneficial to the promissor or in other words, it is detrimental to the promisee. The consideration doctrine is defined as the price demanded by the promisor in return of the promise made to the promisee. The term price needs not include money; it may include intangible benefits as well. Consideration forms an essential element for a validating a contract[4]. The significance of a consideration in a contract is two-fold. Firstly, it acts as an evidential function that prevents commission of fraud that would have otherwise taken place had verbal promises were enforceable[5]. Secondly, it prevents the parties to the contract to make any casual promises instead; it includes promises that have a certain value[6]. In Currie v. Missa it was observed by the court that consideration must include something that is valuable in the eyes of law made from the promise. It must be beneficial to the plaintiff and detrimental to the defendant but in all circumstances, the promise or the plaintiff must make the consideration. Consideration may be defined as a price for which the promise of another party is purchased. There are four essential elements associated with the doctrine of Consideration. They are: consideration must not be adequate, it must be sufficient; performance of a legal duty is not consideration; past consideration is not good consideration; half payment of a debt is not good consideration. The rule that consideration has emphasized on the principle that consideration need not be adequate; it is valid if it is sufficient. This concept becomes evident if the decisions between the Chappel case and Ward v. Byham where it was stated by the court that the chocolate wrappers and a promise to satisfy a child both amounts to sufficient consideration. A consideration is said to be sufficient if the consideration posses economic value and is enforceable by law. However, several instances render a consideration inadequate in the judicial system. Such instances may include ethical duty, natural affection and love, requests made by either of the parties to the contract[7]. The most important feature of the doctrine of consideration is that there is no need for a consideration to be adequate; it is valid if it is sufficient to bind the parties to the contract legally. Consideration having monetary value and enforceable by law is considered to be sufficient in the eyes of law. In the case of Chappell co ltd, the facts of the case were such that Nestle made an advertisement that the customers shall be provided with a copy of musical records if the customers send three wrappers of the Nestle chocolate in 1/6 D together. The sellers of the musical record argued that the value was to be calculated on the 1/6 D in addition to the price of the wrappers. Nestle argued that the packaging had no price attached to them. The House of lord held that the covering were part of the consideration price. The consideration included both the purchasing of the chocolate for the covering and the payment of the price which attaches to value to Nestle. In this case, although the price value of the chocolate wrappers was disregarded, but since it was agreed upon that the wrappers of the chocolate could be held as a valid consideration the contract became legally binding. Another rule that makes a consideration inadequate is the performance of any duty, which the party is otherwise legally bound to do. In the case of Collins v. Godefoy the plaintiff provided proof at a civil trial after he was served a subpoena where the defendant agreed to pay the plaintiff a certain amount of money as the plaintiffs fee. However, the court held that the plaintiff is not allowed to recover the fee amount, as there was no consideration made for the promise and the plaintiff was lawfully bound to attend the trial as per the subpoena served upon him. It simple amounted to performing a legal obligation that the plaintiff was already lawfully bound to do. Again, if the plaintiff is bound legally by the terms and conditions of an existing contract and he makes another promise to perform the previous promise, the court considers such consideration inadequate. In Re Wilson, the court observed that promises made out of natural love and affection are the kind of promises that are made within a family and such promises do not confer adequate consideration in the creation of a contract. Further, the rule related to the concept of consideration is that a consideration is not a good consideration. It must be made either after a promise is made or with the promise itself. If the consideration stipulated in the contract has been fulfilled prior to the promise, the promise becomes unenforceable as it becomes a past promise[8]. It simply contemplates that if the consideration is already fulfilled then there is nothing left to be given in exchange for the promise made. In Eastwood v. Kenyon (1840), a warden took loan for raising a girl. After her nuptial, the spouse of the girl promised to pay-off the loan but such promise becomes unenforceable as the consideration is a past consideration and cannot be enforced upon the husband. However, there is an exception to this theory where past consideration is regarded as good consideration provided such consideration is made at the promisors request; the parties comprehended that they would become entitle to remuneration; if the p romise was made prior to the act the promise would have been recognized by law. The principle that consideration moves from the promise to the promisee denotes that the burden is on the promise to establish that they have provided consideration in return of the promise made to them by the promisor in order to make the contract enforceable. This rule was recognized in the context of the case of Williams v. Roffey that enabled the courts to be certain about which of the recipient of the promise would be liable to perform the promise. Executory and executed consideration is a method where the plaintiff buys the promise or the offer of the defendant. Executor consideration may be defined as a return promise made by the defendant in exchange for the promise made by the plaintiff. In other words, any agreement that is intended to have effect in the future is termed as executory agreements. In case of executed considerations, either of the party executes his part of the promise in the contract and the other party has not executed his promise, and hence his promise remains to be executed that in the future[9]. Part-payment of a debt is not regarded as a good consideration whereas part-performance of an existing contractual duty is considered as a good consideration as stated in Stilk v. Myrick (1809). The payment of a lesser amount by the promisee does not exempt him from performing his part of the obligation to make the full payment in return for the promise made by the promissor. The payment of smaller sum is not considered as a good consideration as by making part payments of the debt the promise is performing the existing contractual duty that is due to be paid by him to the promissor. This rule has originated in the Pinnels case or Pinnel v. Cole (1602). In the case, Cole owed Pinnel a certain sum of money out of which he only made half payment and Pinnel accepted the same in full settlement of the debt. Pinnel afterwards, brought a legal suit against Cole for the remaining due amount[10]. It was held that part payment is not a good consideration in itself. However, later, it was held that if the debtor accepted the part payment the agreement would bind the debtor legally at the request of the creditor subject to the condition that fresh consideration had been included. The rule laid down in the Pinnels case was ultimately reaffirmed in the case of Foakes v. Beer. The facts of the case was such that the parties entered into an agreement that Foakes would pay $500 to Beer in part payment and the balnce amount shall be pain in installments subject to the condition that Beer would not bring any legal action against Foakes. However, Foaks initiated legal proceedings against Beer in order to recover the interests on the debt amount. It was held that the agreement could be enforced only if there was any consideration. The only consideration that was made was the payment of $500 that was already due and so it became a past consideration, which is not considered to be a good consideration. The remaining balance that was to be paid in installments cannot form a considera tion unless the payment of the $500 amounted to be a consideration. According to the rule laid down under the Pinnels case any payment of a lesser amount do not constitute a good consideration for a promise and the remaining amount cannot be claimed. Hence, it was established that fraction payment of a debt is not consideration for a creditor to promise that the remaining or the due amount shall not be claimed. There are certain exceptions applicable to the Pinners Rule: if the lesser amount is paid in prior to the promise made and the creditor accepts the same in the full payment of the arrears. If the less amount is paid in the form of an thing or object which is accepted by the creditor in settlement; if the lesser amount is paid along with the thing or object that is acceptable by the creditor. If a third party makes the payment of the lesser sum. If the promisor and the promisee enters into an arrangement where the the debtor promises to make part-payment to the creditor in exchange of a promise by the creditor that he will not sue the debtor for the full payment of the amount, the lesser amount paid shall extinguish the entire debt. The doctrine of Equitable or Promissory Estoppel is another exception to the Pinners rule and is referred to as the rule in the High Trees Case. The doctrine denotes that where parties enter into legal relationship and either of them makes a promise that is intended to affect their legal relationship and the other party is required to rely upon such promise[11]. Once the other party relies and acts upon the promise and it changes their legal position, the party who made the promise cannot say that they had a different legal relationship, that is, the party cannot deny the promise he made[12]. This doctrine enables to make a promise without any consideration lawfully binding as stated in Combe V. Combe. Thus, this doctrine restricts a person from returning to the belief that he made the other person to believe in[13]. The law of contracts states that for a contract to be enforceable by law, it must include certain essential elements[14]. There must be an offer made by a party to another party indicating a willingness to enter into a contract. The other party must accept such offer as without an acceptance of an offer a contract cannot be formed. A contract to be valid must have a consideration as it binds the parties to the contract legally. To enforce a contract the parties must also possess an intention to make the contract legally effective. The final essential element to make a contract valid is the capacity of the parties to enter into a contract. From the above discussion, it can be stated that in the contemporary business activities, consideration remains to be an imperative element in the formation of a valid contract as it ensures that the parties entering into the contract must have a sufficient consideration and they possess legal intentions to bind the contract. The purpose behind the necessity of the parties to the contract to have legal intentions is to make the contract legally effective. In Williams v. Roffey Bros, the approach adopted by Russel LJ was to make consideration a part of the intention of the parties to establish legal relations. It has always been argued that good consideration must be something that has a legal benefit but in this case it was held that good consideration shall be deemed as practical benefit. The essential exception to the doctrine of consideration has been recognized to be the doctrine of Promissory Estoppel. In Australia, the doctrine has developed certain pre-conditions following the case of Walton Stores. It is unreasonable for the courts to attach certain value to the services and goods and it must be left to the parties to the contract to settle on the value to be attached to the services or goods in order to determine whether a consideration is good or inadequate[15]. As stated by Lord Mansfield, a robe; a hawk; a goblet; a tom-ti, if he chooses to regard it as good consideration. As long as the consideration made by the promisee is acceptable by the promisor, anything can be regarded as a good consideration, held in the case of Thomas v. Thomas. Reference Adriaanse, Mr John.Construction contract law. Palgrave Macmillan, 2016. Adriaanse, Mr John.Construction contract law. Palgrave Macmillan, 2016. Alden, Eric. "Promissory Estoppel and the Origins of Contract Law."Browser Download This Paper(2016). Butler, Desmond, et al. "Contract Law Case Book." (2013). Carter, John. "Good Faith in Contract: Why Australian Law is Incoherent." (2014). Cartwright, John.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing, 2016. DiMatteo, Larry A. "Pre-contractual Liability in the Common Law."International Sales Law. Nomos Verlagsgesellschaft mbH Co. KG, 2016. Goldberger, Jeffrey. "Estoppel and contract."Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia29.3 (2015): 16. Gupta, R. K. "Promissory estoppel and legtimate expectation a comparative study." (2015). Hughes, Will, Ronan Champion, and John Murdoch.Construction contracts: law and management. Routledge, 2015. Kane, James. "The Rule in Pennel's Case: The Case for Repeal, a Mistaken Preponderance and Finding Consideration in Debt Renegotiations."Dublin ULJ37 (2014): 79. Keyes, Mary, and Therese Wilson.Codifying Contract Law: International and Consumer Law Perspectives. Routledge, 2016. Parkinson, Patrick, and Judy Cashmore. "Reforming Relocation Law: An Evidence?Based Approach."Family Court Review53.1 (2015): 23-39. Robertson, Andrew. "Three Models of Promissory Estoppel."Browser Download This Paper(2014). Turner, Chris.Key Cases: Contract Law. Routledge, 2014. [1] Adriaanse, Mr John.Construction contract law. Palgrave Macmillan, 2016. [2] Hughes, Will, Ronan Champion, and John Murdoch.Construction contracts: law and management. Routledge, 2015. [3]Turner, Chris.Key Cases: Contract Law. Routledge, 2014. [4] Adriaanse, Mr John.Construction contract law. Palgrave Macmillan, 2016. [5] Cartwright, John.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing, 2016. [6] Butler, Desmond, et al. "Contract Law Case Book." (2013). [7]Keyes, Mary, and Therese Wilson.Codifying Contract Law: International and Consumer Law Perspectives. Routledge, 2016. [8] Goldberger, Jeffrey. "Estoppel and contract."Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia29.3 (2015): 16. [9] DiMatteo, Larry A. "Pre-contractual Liability in the Common Law."International Sales Law. Nomos Verlagsgesellschaft mbH Co. KG, 2016. [10]Kane, James. "The Rule in Pennel's Case: The Case for Repeal, a Mistaken Preponderance and Finding Consideration in Debt Renegotiations."Dublin ULJ37 (2014): 79. [11]Robertson, Andrew. "Three Models of Promissory Estoppel."Browser Download This Paper(2014). [12] Gupta, R. K. "Promissory estoppel and legtimate expectation a comparative study." (2015). [13]Alden, Eric. "Promissory Estoppel and the Origins of Contract Law."Browser Download This Paper(2016). [14]Parkinson, Patrick, and Judy Cashmore. "Reforming Relocation Law: An Evidence?Based Approach."Family Court Review53.1 (2015): 23-39. [15] Carter, John. "Good Faith in Contract: Why Australian Law is Incoherent." (2014).

What Happened free essay sample

Evaluate a significant experience or achievement that has special meaning to you. With a cup of warm milk in hand, I stepped on to the roof of our house. It was a chilly post-rain morning and I didnt have a clue why I was up there. When I reached the top, I reflected on my memories. I envisioned this seven-year-old child prancing and skipping on the rooftop, following the paths of her imaginative, innocent mind which perhaps only a seven-year-old could fathom: being a little fairy who grants her own wishes; a monster about to gulp down her little brother; and, of course, the beautiful princess who marries a gorgeous prince and lives happily ever after. As I opened my eyes, I scanned the damp terrace. Its gigantic walls that once protected me from the outer forces of evil were now only at my waist. The colossal coconut branches that once protected me from monsoons could now be trampled with one simple step. We will write a custom essay sample on What Happened? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page After gorging the now-cold cup of milk, I went downstairs. I noticed something strange. What happened to the restaurant we used to run? I swear we had those tall cooks with aprons and weapon-like utensils who used our long countertops to chop and fry vegetables. Where was that huge tray where all the dishes were placed to serve me? As I stepped out of the kitchen, the same feeling crept in. I always remembered living in a mansion. Had it shrunk? When I asked my mom, she gave me a perplexed look as though I had just left a mental hospital. I heard several quarrels within our home, ones I had never before noticed. I viewed sides of our family that I had never seen before. Adults whom I had once regarded as the bestest people in the world were now simply minds with thoughts completely different from me. The people whose words used to be right to me were now wrong, although I never mentioned it. As I walked the streets, I hardly received a smile or even a glance. People strolled their own way and I was forced to do the same. The advice always given to me was be careful out there youre not looked upon as a little girl anymore Sometimes I wish that the dreams of the seven-year-old had come true. But then again Im happy that she grew up to perceive life and its realities. After spending three weeks in my home country, and covering six years of lost distance, I could only ask myself one question: has the world changed or have I?