Saturday, May 23, 2020
A great speech has the power to define the times, to inspire, and to motivate. Certain speeches from great people have made huge impacts, but Ã¢â¬Å"The Struggle for Human RightsÃ¢â¬ from Eleanor Roosevelt persuades the entire globe on humansÃ¢â¬â¢ rights, freedom, respect and peace. I read her text and saw a video on YouTube giving her speech even though it was long it gathered a lot my attention. It took me time to understand her speech after reading it three times. ItÃ¢â¬â¢s good that someone like Eleanor Roosevelt existed and wanted to provide some peace to the world. IÃ¢â¬â¢m glad she touched many hearts in that time. War may still exist and can be caused but we should all take a glance to this speech and acknowledge what Eleanor was trying to do. She fought for social and civil rights, helped found the United Nations, and effectively ran the United Stated when her husband was ill. As shown above, all those awful situations led Eleanor Roosevelt to do such a speech as Ã ¢â¬Å"The Struggle for Human RightsÃ¢â¬ . In this world there have been many speakers that had made changes with their words. Eleanor Roosevelt was a great speaker. Was the first lady of the United States, and ultimately she expanded the role of women in society. She was a role that satisfied her own need to be independent and active in public and political life. With World War II , Eleanor expanded her sphere of influence, doing what she could helping the European refugees, including Jews trying to escape from Nazi occupied Europe andShow MoreRelatedZimbabwes Struggle For Human Rights Abuses1420 Words Ã |Ã 6 Pagesgovernment that handles unofficial Ã¢â¬Å"conflict diamondsÃ¢â¬ Ã¢â¬â diamonds used to finance rebellious wars. (Nicholas, 2012, p.650) Although technically Ã¢â¬Å"conflict freeÃ¢â¬ under the Kimberly Process, Zimbabwe over the past 15 years has continued to commit human rights abuses. Allowed by ZimbabweÃ¢â¬â¢s government influence and the high supply of desperate families living in poverty availabl e to mine for the precious gems, a thriving international industry emerged. This control of desperation allows producers of MarangeRead More The Struggle for Human and Labor Rights in Guatemala Essay2603 Words Ã |Ã 11 PagesIn a time where the United States was guarding against the spread of Communism to Latin America, the workers of Guatemala faced a difficult time organizing to demand benefits and rights from their employers. Among others that struggled to form organized labor through the various repressive governments, the union at the Coca-Cola Bottling Plant in the capital city was one of the most successful. This success can be attributed to the favorable rulings of Guatemalan labor courts, the tenacity of theRead MoreThe Last Utopia By Samuel Moyn Essay951 Words Ã |Ã 4 Pagesanticolonial movement was not a human rights struggle, writing, Ã¢â¬Å"If anticolonialism generally spurned human rights, one might say, it was because it was a rights of man movement, with all the prior fidelity to the state that concept implied in modern history.Ã¢â¬ MoynÃ¢â¬â¢s emphasis on the state here is telling. Because the rights that a nation could provide were particular to its citizens, not international, they could not be human rights. The Ã¢â¬Å"rights of manÃ¢â¬ were not the rights of all. Further, Moyn viewsRead MoreAmnesty International ( Ai )923 Words Ã |Ã 4 Pagesof the human rights enshrined in the Universal Declaration of Human Rights (UDHR) and other internationally recognized human rights standards (Our Mission, 2015).Ã¢â¬ In order to do this AI publishes research, takes actions that get the attention of governments and policy makers, and advocate for the advancement of human rights (Our Mission, 2015). It is on these three fronts that I have focused my research. First and foremost, AI publishes information about human rights and human strugglesRead More Essay on the Power of Language in The Plague1447 Words Ã |Ã 6 Pageseach struggle endlessly to master the plagues power over their lives, even with the realization they may never succeed. For Camus, this idea of impossible struggle against an unseen power resonates throughout the novel and reoccurs in another plague which these men must contend - the limits of human language. Camuss characters place great emphasis and importance upon the power of language and lament their inability to express themselves clearly. As a result, Camus establishes that human languageRead MoreAfrican American Struggles747 Words Ã |Ã 3 PagesRUNNING HEAD: AFRICAN AMERICAN STRUGGLES 1 African American Struggles Shaneisa Smith Soc 308: Racial Ethnic Groups Risa Garelick November 23, 2011 AFRICAN AMERICAN STRUGGLES 2 African American Struggles African Americans are knows to face various issues throughout their lives. From being discriminated against, to trying to fit into society, African Americans still have problemsRead MoreDr. Martin Luther King Jr. Essay1134 Words Ã |Ã 5 Pageshistory have always evolved around human rights race relationships and power. In this paper, I will focus on the themes of racism, human rights, and power and how history makers such as Martin Luther King Jr., Nelson Mandela, and Mahatma Gandhi (just to name these few) helped to redress them to an extent and how theirs efforts shape contemporary events. Dr. Martin Luther King Jr. was born on 15 1929 in Atlanta, Georgia and is one of the most remembered Human Rights Activists in America history. HeRead MoreChristian Perceptive in Human Right717 Words Ã |Ã 3 PagesHuman rights are the rights of the most fundamental which naturally inherent in human beings as a gift of God (Based on Genesis 1:26-29; 2:17-18). Human right is a stem from claims of God to man. Therefore, although it cannot be separated from human experiences, it is not from the experience of human, but rather on Gods action in human history. Meaning: Human Rights is not a human ideal formula of himself, but rather an understanding of what God requires of man - what man is, what is the meaningRead MoreAs Living Beings, We Tend To Wonder About The Answer To1390 Words Ã |Ã 6 Pagesquestions that appear in our thoughts are probably due to encounters with experiences of struggle. In every human being that has ever lived, struggle is part of life. It is an obstacle that is faced every day. There are some who struggle more than others. It is a hardship they endure and try to breakaway to be free from it. In many cases, struggling varies from one another. Such as, the struggle to be free and the struggle to live. In United States of America, the nation is known by many, and perhaps worldwideRead MoreEssay on The Battling Psyche1676 Words Ã |Ã 7 Pages The Battling Psyche The human psyche is a mysterious and unknown force that human beings have attempted to understand for centuries. It is understood that as human being we possess this psyche, however the nature of this psyche is not known and has thus been examined and hypothesized upon by many great minds. Literature in particular seeks the means to offer a theorized explanation of the workings of this mysterious psyche in a multitude of ways, from scientific writings, to poetry and fiction.
Monday, May 18, 2020
* Students, please view the Submit a Clickable Rubric Assignment in the Student Center. Instructors, training on how to grade is within the Instructor Center. Assignment 1: Essay Ã¢â¬â Exploring Ancient Mysteries Due Week 4 and worth 100 points Choose one (1) of the topics below and develop a three to four (3-4) paragraph essay (of at least 250-500 words) which adequately address the topic you have chosen. Topic Choices * There have been many theories regarding how the pyramids at Giza were constructed. Most experts agree that they were constructed as burial monuments for pharaohs, but Ã¢â¬Å"howÃ¢â¬ these ancient people constructed monuments of such great size without modern machinery is a mystery which is still being debated.Ã¢â¬ ¦show more contentÃ¢â¬ ¦Write a three to four (3-4) paragraph paper in which you: * Clearly state the Ã¢â¬Å"mysteryÃ¢â¬ and provide a brief summary of at least two (2) reasonable and scholarly theories which could explain the mystery. Because some theories may sound far-fetched, include the source or promoter of each theory Ã¢â¬â such as a scientist, a historian, a theologian, etc. * After summarizing at least two (2) scholarly theories, identify one (1) of the theories as the most plausible and provide at least two (2) convincing reasons why the theory you have chosen is the best one to explain the mystery. This will involve some critical reason ing skills on your part. * Use at least two (2) sources plus the class textbook. (Three  sources total as the minimum) Note: Wikipedia and other similar Websites do not qualify as academic resources. You are highly encouraged to use the Resource Center tab at the top of your Blackboard page. Your assignment must follow these formatting requirements: * Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA style format. Both in-text citations and a References list are required. Citations and references must follow APA style format. Check with your professor for any additional instructions. (Note: Students can find APA style materials located in the course shell forShow MoreRelatedThe History Of Ancient Egypt : Egyptology And The Concept Of Culture Appropriation934 Words Ã |Ã 4 PagesPerryÃ¢â¬â¢s music video, Ancient Egypt is seen as an exotic place in contemporary tourism of Egypt. Many people go to Ancient Egypt because they know that there are geographical differences, mummies, pyramids, tombs and artifacts that seem foreign to many people living in the 21st century. In popular culture, Ancient Egypt seems like a lavish civilization in the middle of the desert. In many ways, the A ncient Egyptian culture draws in tourism for those who are curious about the Ancient Egyptian cultureRead MoreShould Space Exploration Be Continued?840 Words Ã |Ã 4 Pagescontinue exploring the space, and others think that we should stop exploring the space. These people have their own reasons for it or against it. Either way, space exploration has both its advantages and disadvantages. In my personal opinion, I think that we should continue exploring the space because exploring space gives people many benefits. Exploring the space will solve humansÃ¢â¬â¢ oversized population and scarce resources problems, and also will improve our technology. If mankind stops exploring theRead MoreThe Massive Mystery Essay1687 Words Ã |Ã 7 PagesFor centuries people have given a diverse collection of theories as to how the ancient pyramids were constructed. The Great Pyramid of Giza is truly an incredible architectural accomplishment. This pyramid in particular is commonly referred to as th e oldest of the Seven Wonders of the ancient world. Some believe that the Egyptians had developed technology that has simply been lost in time. Others think they had help from extraterrestrial beings. The reality of the construction relied on human laborRead MoreA Basic Overview of Paganism Essay examples1716 Words Ã |Ã 7 Pagesmight see hundreds of faces from different races, gender, and pop cultures. But behind each face is a brain, with spirit and personal beliefs, like religion. When many Americans believe that everyone is Christian or Catholic, some people practice an ancient religion. This religion, commonly known as the umbrella-term Ã¢â¬Å"PaganismÃ¢â¬ is back on the move with a contemporary feel. Paganism is an earth-based religion, focusing around the elements and nature. Throughout this paper Paganism will be explained,Read MoreA Mystery Of Heroism By Stephen Crane And Edwin Arlington Robinson1168 Words Ã |Ã 5 PagesAuthor Joyce Meyer once said, Ã¢â¬Å"If you do nÃ¢â¬â¢t learn to control your thoughts, you will never learn how to control your behavior.Ã¢â¬ Lack of control over oneÃ¢â¬â¢s thought can lead to ruinous behavior. People have been exploring the human behavior for the past centuries due to the major effects behavior and life events have on an individual. In the 1800s, naturalism, a literary movement, explored Ã¢â¬Å"human instincts and behaviorÃ¢â¬ (433) and Ã¢â¬Å"examined the society that conditioned people to turn out as they didÃ¢â¬ Read MoreThe Denver Museum Of Nature And Science Essay1393 Words Ã |Ã 6 Pageshuge building, preserved many Colorado finds and finds from other places, added on numerous exhibitions, but most importantly it has Ã¢â¬Å"housed compelling programs and experiences for millions of guests and schoolchildren that inspire a passion for exploring and understanding our natural and cultural worldÃ¢â¬ (Museum History, 1). I chose to focus on a specific artifact in the Ã¢â¬Å"Egyptian MummiesÃ¢â¬ exhibition of the Museum of Nature and Science. The overall theme of this exhibition was of course, EgyptianRead MoreThe Mysterious Great Sphinx of Giza Essay1359 Words Ã |Ã 6 Pagessurrounding the monument are unsubstantial and the mysteries remain unanswered. The Sphinx is a 240 feet long and 70 feet tall monument carved out of different layers of limestone in the Giza Plateau. The Sphinx has a human head and the body of a lion. Egyptian Sphinxes are not to be confused with Grecian Sphinxes, which have the head of a woman on a winged lion, sent down to Thebes, Greece to devour those who could not solve her riddles. Ancient playwright Sophocles displayed a Grecian Sphinx inRead MoreThe Hanging Gardens Of Babylon1510 Words Ã |Ã 7 PagesA Mysterious Ancient Marvel Introduction The Hanging Gardens of Babylon, one of the Seven Wonders, and also the only one with unknown location and there is no physical evidence that it ever existed. It is said that the Hanging Gardens of Babylon was ordered to be constructed by the ruling Babylonian king Nebuchadnezzar II. The gardens were built for the homesick queen Amyitis. The gardens were said to be on the top of a building of four floors of platforms and the building itself was made of bricksRead MoreSatan s Spirits Of Lust777 Words Ã |Ã 4 Pagesmentioned in the Bible; specifically, their practices often included distorted sexual acts, human sacrifices, cannibalism, and the eating of blood that were distinctively traits of Ã¢â¬ËdevilÃ¢â¬â¢ worship. Baal worship became abundant throughout much of the ancient Middle East; concurrently, in early societies Baal has a long history of perverted sex that is akin to Pan Worship within his cult rituals. Mount Hermon turned out to be one of the major centers of Baal/P an worship that involved the brutality ofRead MoreThe Murder Of Tutankhamun s Tomb993 Words Ã |Ã 4 PagesAye may have not agreed with the decisions Tutankhamun was making (as they concerned journeys and horses) and maybe feared they would lead Egypt into crisis. Ã¢â¬Å"TutankhamunÃ¢â¬â¢s reforms would have an immense impact on the people of EgyptÃ¢â¬ (tutankhamun Ã¢â¬â Ancient History Encyclopaedia). So the only way Aye could recover his decision-making was if he could get rid of the Boy King, suggesting once again that he murdered him. Power is something everybody wants, and Aye was not the exception. Ever since Akhenaton
Wednesday, May 6, 2020
Introduction One of the most confounding concepts in the discipline of political theory is the issue of property. Classical philosophers like Plato and Aristotle dedicate a large part of their works to speculations about the state of nature and property ownership. However, a comprehensive theoretical exploration of the concept of private property ownership is credited to relatively modern philosophers like Thomas Hobbes, John Locke and Jean Jacques Rousseau. The writings of Locke and Rousseau on property ownership are quite fascinating to compare. Both philosophers portray the early stages of man in what they refer to as the State of Nature. This paper takes a critical look at RousseauÃ¢â¬â¢s conceptualization of private property and the stateÃ¢â¬ ¦show more contentÃ¢â¬ ¦He is deeply opposed to LockeÃ¢â¬â¢s idea of man as a sociable being. In his state of nature, man lacks the ability to identify even their own offspring. In the state of nature, Locke and Rousseau seem to agree on several issues especially in the theoretical nature of their conceptualization. Rousseau concurs that State of Nature is a largely nonviolent period. However, his revelation of the state of nature is much more appealing. While Locke appears to insinuate that man has progressed out of this State of nature, Rousseau praises it as a period of harmony and virtue. In addition, Rousseau does not simply take the contemporary man and place him in the State of Nature. Instead, he makes a convincing argument of a relatively different and primitive man who slowly evolves into the modern version. LockeÃ¢â¬â¢s version does not explain the evolution of man up untill the state of nature. RousseauÃ¢â¬â¢s argument seems more convincing since facts that corroborate the evolution theory have been unearthed. Therefore, RousseauÃ¢â¬â¢s theory appears entirely reasonable in allocating diverse attributes to ancient man and contemporary man. However, some of the attributes RousseauÃ¢â¬â¢s gives to ancient man and his life in the state of nature are questionable. One these attributes is that manÃ¢â¬â¢s basic desires were mostly satisfied. Rousseaus idea of man relaxing while eatingShow MoreRelatedComparison between Two Political Thinkers and and their Understanding of Private Property1464 Words Ã |Ã 6 Pages Political theories have been collected throughout history, and often shine light and cause debate surrounding the positions of common socio-political themes and topics. When studying political theory, it is important to recognize the philosopher behind the written work, and comprehend why they reflect the political beliefs that they do. This paper will compare and contrast two of the most noted and influential political thinkers and their understanding of private property. The first theory is foundRead MoreLocke And Rousseau s Theory Of A Social Contract1206 Words Ã |Ã 5 Pagesthey ultimately have a differen t political philosophy. Locke and Rousseau have clearly distinct social contract theories, interpretations of man and the state of nature. In his work, Discourse on Inequality, establishes the idea of a fraudulent social contract. Rousseau further develops his political theory and discusses contemporary themes like the state of nature in, The Social Contract. There is a clear distinction between RousseauÃ¢â¬â¢s theory and LockeÃ¢â¬â¢s theory as laid out in the, Second TreatiseRead MoreEvolution and the Modern Social Contract Theory : Essay Outline1050 Words Ã |Ã 5 PagesThe Emergence of the Modern Social Contract Theory Essay Outline POLS 14033 Ã¢â¬â Political Ideas and Ideologies The Emergence of the Modern Social Contract Theory Essay Question: Firstly, in this essay, we will describe and analyze the various concepts of the evolution and emergence of the modern social contract theory thru the analysis of several of its key political thinkers. We will provide a detailed review of the concepts that have developed and that were crucial for theRead MoreA Comparative Analysis Of On Property Owning Democracy 1404 Words Ã |Ã 6 PagesWilliam R. Lund History of Political Philosophy II May 12, 2015 Final Essay Essay Question # 6 Property Owning Democracy: A Comparative Analysis to Marxian Communism John Rawls is an American political philosopher, born and raised in Baltimore, Maryland. His work contributed towards a better understanding of justice as fairness and author of the book that bears the same title. In his manuscript, Justice as Fairness, Rawls introduces a new political philosophy known as property owning democracy. WhenRead MoreAge Of Enlightenment755 Words Ã |Ã 4 Pagesintellectual thinkers, such as John Locke, which helped shape and influence modern government and politics. John Locke is recognized as the father of classical liberalism, introducing the Two Treatises of Government, Social Contract, and private property, which formed the basis for the constitutions in westernized democratic powers such as the United States of America and the United Kingdom. The Two Treatises of Government became the most influential pieces of work that John Locke had created duringRead MoreNasty, Brutish, And Short By Thomas Hobbes Essay1198 Words Ã |Ã 5 Pagesdescription of pre-political life that is invariably repeated in just about every political science program throughout the Western world. It is a phrase that motivates a strikingly persuasive argument for the solution of government. For Hobbes, this is the State of Nature, and thus the precursory basis for human politics. However, his pessimistic view of the State of Nature has been refuted by other men of great intellectual influence. Another giant in the world of political theory, John Locke, hasRead MorePolitical Theory of John Locke Essay1189 Words Ã |Ã 5 PagesJohn Locke: Account of Political Society What would the American government be like today if it was not for the mind and political theory of John Locke? Some historians and philosophers believe that without John Locke our government would only be a shadow of what it is today. Arguably, one of his most important political and philosophical works was his Two Treatises of Government. There he argues that the function of the state is to protect the natural rights of its citizens, primarily toRead MoreThe Relationship Between Justice and the Good1551 Words Ã |Ã 7 Pagesmoral distribution of possessions. From just after the First World War to present day, liberal perspectives emerged and flourished across a variety of ideological theories and continue to influence political thinking in regards to rights, equality and freedom. With this emergence came two very influential theorists in libertarian political philosophy, Robert Nozick and John Rawls, who take very different approaches to how justice relates to the good. Both N ozick and Rawls argue for liberty above equalityRead MoreThe Writings Of John Locke And Jean Jacques Rousseau1596 Words Ã |Ã 7 Pageslegitimate political power. They both believe in manÃ¢â¬â¢s natural mortality, and they also state that creating a social contract and legitimate government is necessary to avoid conflict. Both philosophers hold different perspectives and opinions, however they are both concerned with the same question: What renders exercises of a political power legitimate? Rousseau and Locke have several similarities within their theories, but there are also a number of substantial differences. RousseauÃ¢â¬â¢s theory can beRead MoreCurrent Policies And Politics : What Should Be An Individual s Connection With Society?887 Words Ã |Ã 4 Pagesbeen the focus of great philosophers throughout the centuries. From Socrates to Khaldun to Marx, great political philosophers have examined the function of ethical theory in the social realm and its impact upon the relati onships between members of society (Moseley, n.d.). Regardless of whether they are in the camp of liberalism like John Locke or the socialist camp of Karl Marx, great political philosophers have areas of a agreement as well as areas of discord. Areas of Agreement and Disagreement
string(230) " in the contract without resort to any implied terms: Ã¢â¬Å"This makes it unnecessary in my judgement for DTVAL to rely upon an implied term that BMIB would operate the aircraft in a way that was reasonable in all the circumstances\." Ã¢â¬Å"The case of Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWCA Civ 485 illustrates how the court must tread a very fine line, when determining whether or not an agreement has sufficiently certain terms to be enforceable. With reference to key cases and academic commentary, critically discuss this statement.Ã¢â¬ Introduction Contract law abhors uncertainty and it is a well-accepted rule of commercial law that for an agreement to be enforceable its terms must be sufficiently certain and complete for the courts to elicit the meaning of an agreement . We will write a custom essay sample on The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd or any similar topic only for you Order Now Both vagueness and incompleteness disable an agreement from being binding and will often, unless the court makes use of remedial measures to, inter alia, imply reasonable meaning into the contract or clarify the meaning of a word, be fatal to the contract as a whole. The classic case which is usually cited to demonstrate this principle is G Scammell Nephew Ltd v Ouston where an agreement which provided for the acquisition of goods Ã¢â¬Å"on hire-purchaseÃ¢â¬ was so vague as to prompt Viscount Maugham to observe that: Ã¢â¬Å"it is impossible to conclude that a binding agreement has been establishedÃ¢â¬ . The tension between finding a contract to be uncertain and attempting to satisfy the settled will of parties to an agreement and encourage commerce without undue restriction has led Professor Macneil to warn that the quest to identify settled principles in this area of contract law is but a Ã¢â¬Å"foolÃ¢â¬â¢s errandÃ¢â¬ . Cases in this area, as Ewen McKend rick rightfully observes, are dependent on their facts and the courts are chiefly concerned with whether there is a sufficiency of evidence to justify a conclusion that a settled and binding agreement has indeed been concluded. Unsurprisingly perhaps English courts have been criticised as being unduly restrictive which makes the judgement in Durham Tees Valley Airport Ltd v BMI Baby Ltd a notable and welcome decision as it goes against the grain of the perception of English contract law by overturning on appeal a decision of Davis J in the Chancery court which held that a contract which imposed an obligation on BMI Baby to base and fly aircraft from an airport but which was unclear about the objective criteria relating to the performance of that obligation regarding passenger numbers was incapable of having a term implied and therefore was struck down. The Court of Appeal allowed the appeal and unanimously found in favour of allowing the contract to stand: the judge at first instance had erred in construing the contract as being void for uncertainty. This essay will critically discuss the above statement by examining the case itself in detail in part 1 before embarking upon a discussion of the ba lancing act involved in resolving uncertainty in contractual terms in part 2. The statement is justified in asserting that such cases as the instant one require a delicate balancing act and this observation is validated by the case law. Part 1: The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd 1.1 Facts of the case and terms of the contract The brief facts are that an agreement was concluded between Durham Tees Valley Airport (hereafter DTVA) and British Midland Regional Limited (hereafter BMRL) in April 2003 which provided for BMRL to provide two B737 aircraft to operate exclusively from DTVA for a period of ten years. This agreement was subsequently transferred to BMI Baby by virtue of a Novation and Variation Agreement (NVA) executed on 23 December 2005. As Lord Justice Patten, who delivered the leading judgement, observes Ã¢â¬Å"both sides accept that the Base agreement created a binding contract but they differ on how it should be construedÃ¢â¬ . The defendants contended that the agreement granted them a right without an obligation while the airport argued that the agreement constituted a continuing obligation. The decision at first instance, delivered by Davis J, proceeded, without any notable discussion, on the assumption that the contract was unenforceable due to uncertainty. The bulk of the first instance judgement was concerned with the attempt to imply a term into the NVA agreement to hold the contract to be enforceable and thus hold BMI Baby to the obligation. As Treitel observes the court has a discretion as to whether or not a term can be implied into a contract using the standard of reasonableness. Judge Davis pointed out that the NVA lacked any specification as to the number of flights required and as Lord Justice Patten points out, Ã¢â¬Å"it is this which is said to be fatal to its enforceabilityÃ¢â¬ . A leading case in the area of implied terms under the standard of reasonableness is Hillas Co Ltd v Arcos where the timber sold was said, ambiguously, to be of Ã¢â¬Å"fair specificationÃ¢â¬ . This is a typical example of terms which come to the very heart of a contract being expressed in vague or uncertain ways and requiring the construction of the court to crystallise an obligation. Lord Justice Patten fundamentally disagreed with the first instance judge at this stage, arguing that it Ã¢â¬Å"was wrong to regard the addition of a term as to the minimum number of flights as being necessary for the enforceability of the NVAÃ¢â¬ . The judge had thus proceeded on an assumption of uncertainty and then attempted to imply a term into the NVA agreement which, mistakenly, he thought had a material bearing on the enforceability of the contract. The key elements of the contract were obviously in place and both parties considered that a binding contract was in place despite their differing interpretations. The real question, as Lord Justice Patten correctly identifies, is whether or not the airline was in fact flying its aircraft not the number of flights. Upon this analysis BMI Baby had fulfilled the obligation and thus they could be held accountable: Ã¢â¬Å"BMIB is not required to do the impossibleÃ¢â¬ as Lord Patten concluded. His lordship found suf ficient evidence that certainty existed in the contract without resort to any implied terms: Ã¢â¬Å"This makes it unnecessary in my judgement for DTVAL to rely upon an implied term that BMIB would operate the aircraft in a way that was reasonable in all the circumstances. The NVA includes sufficient terms to enable the court to determine whether BMIBÃ¢â¬â¢s obligations have been broken.Ã¢â¬  Part 2: Discussion of the case 2.1 A balancing act The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd is a good illustration of the fine balancing act which must be undertaken in cases which attempt to resolve the uncertainty of contractual terms in terms of sufficiency. At the most general level there is a clear tension between the certainty rule and the reluctance of courts to strike down legally enforceable agreements. Striking a balance between these two opposites is difficult and has obvious implications not only for individual agreements but indeed the sanctity of contract in society. Lord Wright in Hillas Co Ltd v Arcos Ltd observed: Ã¢â¬Å"Businessmen often record the most important agreements in crude and summary fashion; modes of expression sufficient and clear to them in the course of their business may appear to those unfamiliar with the business far from complete or precise. It is accordingly the duty of the court to construe such documents fairly and broadly, without being too astute or subtle in finding defectsÃ¢â¬ . These comments were endorsed recently in Scammell v Dicker where Rix LJ emphasised that for a contract to be void for uncertainty the bar should be set very high: Ã¢â¬Å"For to occur Ã¢â¬â and it very rarely occurs Ã¢â¬â it has to be legally or practically impossible to give to the parties agreement any sensible contentÃ¢â¬ . On a more specific level the court, when dealing with a question such as in the instance case, must first address whether the terms of the contract are enforceable or not. The price, quality and quantity, as Lord Patten has identified, are key measures of a contract where objective criteria exist. Each case evidently turns on its facts and there is a lot of gray area here which underlines just how fine the balancing exercise is. The answer to the question of just what is necessary for a contractÃ¢â¬â¢s enforceability appears to be inextricably linked with what would constitute a breach of contract. In the instant case the minimum number of flights was something which was within the discretion of BMI Baby and so not something which compromised the terms of the contract concerning the aircraftÃ¢â¬â¢s Ã¢â¬Å"operationÃ¢â¬ . There are some features of the instant case which render it particularly problematic: the length of the contract and the Ã¢â¬Å"degree of discretion given to the airlineÃ¢â¬ . However, Lord Justice Toulson observes that it is not impossible to imagine facts on the borderline which would have rendered the case even more difficult. Conclusion In conclusion the statement to be discussed is correct in identifying that the decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd is an apt illustration of the fine line which must be negotiated in deciding whether an agreement has sufficiently certain terms to be enforceable. As noted above there is a tension between allowing commercial agreements to stand and finding them void for lack of certainty. The court in Hillas Co Ltd v Arcos Ltd emphasises the duty the courts have in allowing business agreements sometimes hastily drawn up to stand without being too clever with syntax. Each case turns upon its facts and there clearly can be cases which would stretch the balancing act even further than the instant case. As it stands the judge at first instance fell victim to the subtleties of this area of law and misinterpreted a term of the NVA contract which was within the discretion of BMI Baby. The Court of Appeal thus overturned his decision and made a decision of princ ipal which demonstrates that Professor MacneilÃ¢â¬â¢s observations may not be as accurate as previously thought. Bibliography 1.0 Journals Lawrence, Mark (2010) Ã¢â¬ËGrounded obligationsÃ¢â¬â¢ New Law Journal 160(7421), 837-838 2.0 Books Macneil, Ian (2001) Ã¢â¬ËBiographical StatementÃ¢â¬â¢ in D Campbell (ed) The Relational Theory of Contract: Selected Works of Ian Macneil Sweet Maxwell: London Mckendrick, Ewan (2005) Contract Law: Text, Cases and Materials Oxford Uni Press: Oxford at p.148 Treitel, G.H. (2007) The Law of Contract Sweet Maxwell: London at p.52 3.0 Cases Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWCA Civ 485 Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWHC 852 Hillas Co Ltd v Arcos Ltd (1932) 147 LT 503 Perry v Suffields Limited  2 CH 187 Scammel and Nephew Ltd v Ouston  AC 251 Scammell v Dicker EWCA Civ 405  Treitel, G.H. (2007) The Law of Contract Sweet Maxwell: London at p.52  Scammel and Nephew Ltd v Ouston  AC 251 House of Lords  Perry v Suffields Limited  2 CH 187  Chitty, Joseph (2008) Chitty on Contracts Thomson Reuters: London at p.223 para 2-139   AC 251  Scammel and Nephew Ltd v Ouston  AC 251 per Viscount Maugham at p.257  Macneil, Ian (2001) Ã¢â¬ËBiographical StatementÃ¢â¬â¢ in D Campbell (ed) The Relational Theory of Contract: Selected Works of Ian Macneil Sweet Maxwell: London  Mckendrick, Ewan (2005) Contract Law: Text, Cases and Materials Oxford Uni Press: Oxford at p.148   EWCA Civ 485   EWHC 852  Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWCA Civ 485  Hillas Co Ltd v Arcos Ltd (1932) 147 LT 503  Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWCA Civ 485 per Lord Justice Patten at para 11  Ibid at para 11  Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWCA Civ 485 per Lord Justice Patten at para 46  Lawrence, Mark (2010) Ã¢â¬ËGrounded obligationsÃ¢â¬â¢ New Law Journal 160(7421), 837-838  Treitel, G.H. (2007) The Law of Contract Sweet Maxwell: London at p.52  Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWCA Civ 485 per Lord Justice Patten at para 57  Such as quantity, quality or price  Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWCA Civ 485 per Lord Justice Patten at para 59  The number of flights was something which was for the discretion of the airline;  Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWCA Civ 485 per Lord Justice Patten at para 59  Ibid  Ibid at para 61   EWCA Civ 485  Hillas Co Ltd v Arcos Ltd(1932) 147 LT 503 per Lord Wright at p.504  EWCA Civ 405  Ibid at para 30 per Rix LJ  Lord Justice Patten gives the example of a tenancy agreement under which the tenant agrees to pay a reasonable rent  Durham Tees Valley Airport Ltd v BMI Baby Ltd  EWCA Civ 485 per Lord Justice Toulson at para 91  Ibid at para 90   EWCA Civ 485  (1932) 147 LT 503  Macneil, Ian (2001) Ã¢â¬ËBiographical StatementÃ¢â¬â¢ in D Campbell (ed) The Relational Theory of Contract: Selected Works of Ian Macneil Sweet Maxwell: London How to cite The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd, Essay examples
PorterÃ¢â¬â¢s model supports analysis of the driving forces in an industry. Based on the information derived from the Five Forces Analysis, management can decide how to influence or to exploit particular characteristics of their industry. A strategic Business manager seeking to develop an edge over rivals can use this model to understand the industry context in which the firm operates. Software industry is a growing industry and there are many potential new entrants to the industry. A study of the Software industry using PorterÃ¢â¬â¢s five forces model provides key insights into the industry trends. The study provides key challenges faced by the industry, and throws up some great opportunities that are present in the industry. Overall, the studies done through this paper reveal that software industry is a great industry to get into, for those who have the capability to create opportunities out of challenges. Introduction Software Industry is considered to be a very profitable industry. This perception attracts many players to this field. Many of the new entrants to the industry do not do any scientific analysis before they get into the field. This some times result into failures and uncertainties in the industry. A lot of new entrants fail to correctly assess and analyse the competitive strength and position of the firm in this industry. Michael PorterÃ¢â¬â¢s (1980) famous Five Forces of Competitive Position model provides a very effective way of doing this assessment for any industry, and can be used in the software industry too. This paper does a detailed study of the software industry using PorterÃ¢â¬â¢s model and the findings will help new entrepreneurs and existing ones to arrive at the right strategies for being unique and addressing the competition. This paper attempts to analyse the software industry based on PorterÃ¢â¬â¢s five forces model. Literature Review Porters Five Forces No organization is an island unto itself. Its ability to thrive is affected by many factors, including its competition. Michael Porter (1980), of the Harvard Business School, has developed the five forces model to describe and analyze these factors. Apart from Porters Book Competitive Strategy: Techniques for Analyzing Industries and CompetitorsÃ¢â¬Å" in 1980, there are very many internet resources and articles which provide insight into the model. Some of them are www. themanager. org , www. businessballs. com, www. quickmba. com etc In this model, there are five competitive forces that interactively shape the dynamic environment of any industry. Rivalry Among Existing Firms All companies strive to improve their position with respect to their rivals. Companies use a variety of tactics to secure advantage; for example, product innovation and differentiation, patents, pricing, distribution systems, and advertising. In many industries, the use of one or more of these tactics by one company provokes a response by its competitors. Over time, this action-reaction dilemma can damage both the companies and the industry at large. This happened in the semiconductor industry: when one company began to build up production capacity for RAM (random-access memory) chips, the others followed suit, and the resultant overcapacity gave buyers an inordinate amount of leverage, precipitating a crash in prices. There are other factors that promote rivalry and competition: Ã¢â¬ ¢Large increases in production capacity Ã¢â¬ ¢Many competitors or relatively balanced competition Ã¢â¬ ¢High exit barriers Ã¢â¬ ¢Slow industry growth Ã¢â¬ ¢High fixed costs Low switching costs Industries in which the competition is intense are often referred to as cutthroat, warlike, and bitter. The soft-drink industry is a well-known example of this. The more competitive the industry, the more difficult it is to generate profits. Threat of Potential Entrants New competitors in an industry bring with them additional resources and production capacity and a desire to gain market share. Their entrance can result in a collapse in prices, loss of suppliers, and increased costs (for example, in more advertising or a bigger sales force)Ã¢â¬âall of which reduce profitability. This has happened repeatedly in the discount department store sector, beginning in the early 20th century when the first Ã¢â¬Å"five-and-ten-cent storesÃ¢â¬ began to compete with smaller specialty shops. The likelihood of new entrants depends on the barriers to entry that are inherent to the industry and on the responses of the existing competitors. There are five major barriers to entry: a) Economies of scale In industrial economies, the most efficient level of production is called the minimum efficient scale (MES), which is the production level needed to achieve the lowest production costs. All industries have an MES. The higher the MES, the more production capability a new entrant must build in order to enter without an initial cost disadvantage. New entrants must then capture a share of the market proportional to their capacity or they will be at a long-term disadvantage. The bigger the market share they need to capture, the higher this barrier to entry is. One example of where it is extremely high is the automobile industry. b) Access to distribution channels In some industries, the distribution channels are controlled by existing companies through distributor contracts and preferred relationships. This can be seen in the light bulb industry, where the biggest manufacturers have exclusive contracts with the biggest retailers. New entrants will have to break into the current distribution system or find other alternatives. Both choices may be expensive, creating a high barrier to entry. c) Capital requirements Entering a new market can involve creating new capacity, aggressive advertising, acquisition of licenses, and so on. All of these activities require investment capital. The higher the capital needs, the greater the barrier to entry. An extreme case here is the building of jet aircraft, where even an established company can spend over a billion dollars (U. S. ) to bring one new model into production. d) Switching costs In some cases, entry into a new market can be achieved by retooling existing production machinery at relatively low costs. It is also possible, however, that the retooling costs are substantial, hence, a greater barrier to entry. Oftentimes, highly specialized capacity for which there is no alternative use must be created. This is a potential switching cost and constitutes another barrier to entry. Integrated circuit manufacturing equipment, for instance, cannot be used for anything else, while the machines used to make hardware and small metal parts can be reconfigured fairly easily. e) Cost disadvantages independent of scale Some industries have unique features that create high barriers to entry. These include: Ã¢â¬ ¢Proprietary knowledge and patents not available to entrants Ã¢â¬ ¢Access to raw materials limited to or controlled by existing firms Ã¢â¬ ¢Favorable locations already secured by existing firms Ã¢â¬ ¢Government regulations or subsidies Ã¢â¬ ¢A relatively long learning/experience curve Similarly, barriers to exit make it difficult for firms to leave an industry. In industries that are difficult to exit, existing firms will tend to put more into the competition for retaining their market share than if they had an easy-exit option. Low Barrier to Entry Standard technology Low capital investment Low switching costs Little government restriction Fragmented or open distributionHigh Barrier to Entry Critical patents High capital investment High switching costs Considerable government regulation Controlled distribution Low Barrier to Exit Separate SBUs Incidental to core strategy Assets easy to sell Common technologyHigh Barrier to Exit Interdependent SBUs Part of core strategy Assets difficult to sell Specialized technology not applicable to other industries The Power of Buyers In some circumstances, the buyers or customers in an industry contribute to its competitiveness. Customers in competitive industries are able to force down prices, bargain for higher quality or more services, and play competitors against each other. Customers can exert significant pressure on an industry when Ã¢â¬ ¢They have full information. They consider the products they purchase to be standard or undifferentiated. Ã¢â¬ ¢The products are a significant portion of the buyersÃ¢â¬â¢ costs. Ã¢â¬ ¢The products are unimportant to the quality of the buyersÃ¢â¬â¢ products. Ã¢â¬ ¢The industry faces low switching costs. An industry that is severely limited by the power of buyers is pharmaceuticals: insurance companies, health maintenance organizations, and even governments (e. g. , through Medicare) limit their profits on prescription medications. The Power of Suppliers Suppliers also influence the competitiveness of an industry. Powerful suppliers can raise prices, restrict access to supplies, and lower the quality of supplies and services. If competitors are unable to pass along increased costs to their customers, their profits decrease. Suppliers are powerful when: Ã¢â¬ ¢They pose a threat of forward integration. Ã¢â¬ ¢Their product is an important input to the final product. Ã¢â¬ ¢The industry overall is not an important customer of the supplier. Ã¢â¬ ¢They are few in number and are more concentrated than their customers. Ã¢â¬ ¢There are no competing substitutes. Their products are differentiated and/or the customers have significant switching costs. Suppliers are extremely powerful in the oil business, where a company that operates refineries but does not own its own wells is completely dependent on the producers. The Threat of Substitutes Usually, the firms in one industry are, broadly speaking, also competing with industries that produce substitute products. Substitutes can place a ceiling on the prices an industry can charge, thus limiting its profit potential. The more favorable the price/performance ratio of alternatives, the stronger the ceiling. Identifying viable substitute products is a matter of searching for other products that can meet customer needs. Some examples are: Ã¢â¬ ¢High fructose /low calorie sweetener for sugar Ã¢â¬ ¢LEDs for incandescent lights Ã¢â¬ ¢Cellular phones for landline phones Ã¢â¬ ¢Real estate investing for equity investing Ã¢â¬ ¢Public transportation for automobiles All of these factors together shape the dynamics of an industry. After establishing how attractive an industry sector is, companies can then determine the key industry success factors, the investment needed, and the potential for return on those investments. Methodology First, the requirements and the nature of software industry were studied. The industry experience of the author of this paper came in handy for the study. Discussions were held with various experts in the industry. Various stages of setting up and sustaining a software industry were evaluated. Extensive study of already existing research was carried out. Various research information were considered while arriving at conclusions. A number of secondary sources are used in this paper Results and Discussion What are the threats of entry in this industry? Let us look at this with reference to the five aspects of Ã¢â¬ ¢Economies of scale Ã¢â¬ ¢Access to distribution channels Ã¢â¬ ¢Capital requirements Ã¢â¬ ¢Switching costs Ã¢â¬ ¢Cost disadvantages independent of scale Economies of Scale Gerard Jackson (June 1998) argues that the concept of economies of scale do not apply to soft ware industry, simply due to the very nature of the industry where once we have invested in the development of the product the production costs are virtually nil and hence the economies of scale concept cannot be applied here. There of course are costs associated with packaging, shipping and marketing the product, but they are so minimal compared to the overall cost that the argument appears logical. So for the big players this is not an advantage at all. Any small player can threaten the big players, if they have the right brains behind their products. I do not consider this to be a serious entry barrier for new entrants to this field. Access to Distribution Channels Access to distribution channel is a big threat of entry in the software industry. The internet is a virtually free distribution channel available for any one to pump their products into. Any new entrant can have the same access as the big players to the distributions channels. However this is easily said than done for large software products like middle ware or operating systems, or huge data base management systems. Overall, this is not a serious barrier for new entrants. Capital Requirements The Capital requirements in this industry are of a different nature. According to the Reserve Bank of India (IndiaÃ¢â¬â¢s Apex Bank) Notification (August, 1998) the working capital requirements of the software industry are basically the development costs. To quote their report Ã¢â¬Å"These products are prepared to meet standard requirements of end-users and are sold as packaged units comprising software manual and other user aids (tutorials). The development of these products involve fairly large scale investment, the return on which can be realised only after the product is fully developed and sufficient demand is generated therefore. By and large, no payment by the buyers would be involved at any stage of development and the developer would be receiving payments only when the products are purchased by interested buyers. In such cases, working capital requirements would be mainly for meeting expenditure such as salaries and expenses of the professionals associated with the development of the products. The period required for development would vary and, in some cases, may extend up to 24 months. Ã¢â¬Å" Depending on the scale of the proposed product, the new entrants would need to muster this capital requirement, and take the risk of success or failure once the product is launched. Hence this could be a high barrier Switching Costs Switching cost could well be the most important entry barrier for new firms into the software industry. Steve Kahl (Spring 2004) has done some extensive study on the switching costs related with Software industry. The total cost of ownership to implement a software package typically is much higher than the purchase price of software, sometimes as high as twelve times the price. Integrating software with the pre-existing technical architecture, changing business processes, training new users on the system, and maintenance costs for the software make it difficult for customers to replace software products. These high switching costs can lock customers in and increase the value of the installed base. As a result, the size of the installed base is an important performance measure for the software industry. The installed base, in turn, impacts competitive strategy. A firm such as Microsoft with a significant installed base may deter entry from new firms. Cost Disadvantages Independent of Scale include proprietary product technology, favorable access to talent and raw material, favorable locations, learning or experience curve etc. In the context of the software industry this could be a low barrier, since the software as a product is a function of the human intelligence and really one cannot make it proprietary, and history proves this where start up companies became giants in this field. To what threats of substitutes are you vulnerable in this industry? The threats of substitutes could be of a different nature in the software industry. There is always the big fight between patents and open source. But the major threat for software industry in this account is the threat of piracy. All major software players struggle with this and a lot of efforts and money is spent on preventing , detecting and acting on piracy. I would say that the industry has still not figured out the right and fool proof way of preventing this threat. The proliferation of piracy requires us to constantly re-evaluate how people can ensure they are getting the real thing when they see the Microsoft name, says Jackie Carriker, group manager of anti-piracy efforts for Microsoft (Microsoft press release Feb 2000). It seems we are in a perpetual cat-and-mouse game with counterfeiters. But hopefully these features will make it more challenging for would-be pirates to make a quick buck while making it easier for customers and resellers to differentiate between genuine and counterfeit software. Microsoft published data confirms this problem. To Quote Microsoft Ã¢â¬Å"Software piracy, or the illegal copying and distribution of software, is both an individual and a worldwide problem that takes a toll on the global economy. In 1998, software piracy caused the loss of more $11 billion in revenue worldwide, according to the Business Software Alliance (BSA). That same year, software piracy cost 109,000 jobs in the U. S. lone. There are currently approximately 2 million auction and warez sites pushing pirated or counterfeit goods, compared to 100,000 in 1997, according to BSA estimates. In short, software piracy is a problem for everyone at every level of the distribution channel from honest resellers to consumers. As per Douglas Heingartner (January, 2004) internet pirac y is the latest threat in software piracy, and organisations are struggling to bring this under control. To what pressures from suppliers are you vulnerable in this industry? This is probably an industry which is not too dependent on Ã¢â¬Å"suppliersÃ¢â¬ in the conventional manner. However, the right skill sets in employees could be treated as a major supply source. Sourcing the right employees and having strategies and policies which attract them to stay on, is a major challenge that every software industry player . The war of talent as it is called is all too well known. According to Steve Schifferes (January 2007) ,Nasscom, the Indian software industry association, estimates that by 2010, the Indian outsourcing industry could have $60bn worth of global sales, up from $23bn in 2006 and that would still only be 10% of the potential market. But if the industry is to triple its revenues, urgent action is needed now to increase the supply of skilled labour, Nasscom says. According to Mary Hayes Weier (February 2007) Accenture plans to increase its India staff this year by 8,000 people to 35,000, surpassing its U. S. employee base. IBM s India staff has jumped from 43,000 to 53,000 in six months, and it expects to continue growing at that pace. Both Infosys and Tata Consultancy Services are hiring about 2,000 people a month. At that pace, thats more than 35,000 new hires for these four companies alone the next six months, and dozens of other tech companies are rushing to add staff in India. So where will all this talent come from? Thats a question businesses should be asking their suppliers of India-based IT and business process services. The country still offers the best talent-to-price ratio of any place in the world, but suppliers admit its getting increasingly difficult to find and keep the right peopleespecially at the management level. To what pressures from customers are you vulnerable in this industry? Customers or clients as they are called currently in our industry, have a great power as they always have had. They have choices, they continue to ask for better quality at lower costs. More importantly they are asking the software vendors to add business value to their business. It is no more a sell and walk out policy. According to the Software 2006 Industry report put together by McKinsey Company, in collaboration with the Sand Hill Group, the entire eco system of software business is undergoing major changes and customers are driving that change aggressively. The report says, Ã¢â¬Å"Two major business models are vying for an growing share of software spend: Software as a Service and Open Source. Software as a Service (SaaS) has become increasingly relevant to both Enterprise and SMB customers and has the potential to impact the entire IT landscape. Although the market size for SaaS was relatively small ~$6 billion in 2005, it is poised to grow more than 20 percent annually. Several factors are driving this large shift in preferred model: vendors are seeking attractive annuity revenue streams, customers are pushing for more affordable and lower TCO alternatives to packaged software, and critical technology enablers like broadband wireless and universal access are coming online. SaaS has already gained traction in number of application areas Ã¢â¬â such as payroll, human capital management, CRM, conferencing, procurement, logistics, information services, and e-commerce) Ã¢â¬â and should make gains across a much broader cross-section of applications over the next 3 years.
Friday, May 1, 2020
Once started the symptoms are chronic and lifelong with periods of remission in between bouts of active symptoms. Diagnosing CD may be lengthy, requiring non Ã¢â¬â invasive as well as invasive tests. A check of the stool could indicate bleeding, a blood test might indicate anemia or the antibody associated with CrohnÃ¢â¬â¢s. Abdominal x ray could indicate intestinal wall thickening. Physicians may need to do colonoscopy, biopsy to diagnose the disease ( Harvard Heath). CD is classified as an inflammatory Bowel Disease (IBD) (Neighbors Tannehill -jones, 2006). CD can be a debilitating disease and can affect all aspects of personÃ¢â¬â¢s life intensely as seen in the case of SM. Using a case study of an individual with CrohnÃ¢â¬â¢s disease, I will address how the CD impact on patientÃ¢â¬â¢s social, financial, and personal life, how patient learned about her disease and educational experience while learning about her chronic disease. I want to use the initial instead of full name to protect the patientÃ¢â¬â¢s privacy. SM , a 40 year old teacher with two younger children from Michigan admitted to our hospital with dehydration and anemia. She has been bloody diarrhea for six months and initial diagnosed with colitis by her primary care physician who gave her antibiotics and steroid which help her symptoms improving. Two day ago her diarrhea became very severe and reached as often as 15 to 17 times a day, accompanied by severe pain and abdominal cramping, loss of appetite, and sense of abdominal fullness. This has made it increasingly difficult for her to leave her home or go to work. Ã¢â¬Å" I feel like I am a prisoner of my own bathroom . SM has become moody and depressed. She has lost 40 pounds, developed blurred vision, and is growing facial hair. Her skin started to peel and split. She is bloated and her face is swollen. Her husband has filed a divorce because she could not take care of children , family ,plus financial crisis, and she is scared because she is covered under her husbandÃ¢â¬â¢s medical insurance. Impact of CronhÃ¢â¬â¢s disease can be extensive on an individualÃ¢â¬â¢s social, financial, and per sonal as seen in MS case. She could not work and only get 60% of her salary , plus medical expense, unable to take care her family, and her two young children so cause her husband filed divorce. Furthermore, she is isolated from her co-worker and friend since she is too weak to participate any social activity. All above caused her depression. According (Coheb. J. D, 1995) Ã¢â¬Å" long term stress and repeated crisis provide fertile ground for individual maladaptive functioning as well as creating vulnerability for dysfunctional family behavior. When psychosocial dilemmas persist over time and are left unattended, various form of dysfunction emergeÃ¢â¬ (p . 18). So psychologist was consulted for MS to help coping with her diagnosis, her debilitating symptoms ,and her husband filing for divorce. Depression can be situational and may aid in allowing MS to voice her feelings, and decrease her anxiety. The psychologist provided her more information about her disease, help her cope with her daily struggles, and gave her encouragement as another support system. The psychologist has tried to enlighten her husband regarding MSÃ¢â¬â¢s disease process and her stress could worsen its symptoms. Counseling the couple could reduce marital strife and perhaps assist MS and her husband to find mutual ground and save their marriage. The doctor explained to MS in brief about her diagnosis and treatment options which include drug therapy, nutrition supplement, herbs, and surgery. The nurses according to MS and her husband literacy level and readability made the broche with pictures, DVD to educate them how to deal with the disease. Using BloomÃ¢â¬â¢s taxonomy, cognitive domain to help the patient and family to have knowledge as following: 1. What is ChronÃ¢â¬â¢s disease, how do the medication work, what is the main side effects, how to take the medications, what are complications so the patient and her family can participate her medical care. 2. How to maintain optimal nutrition: parental nutrition (PN) is used when symptoms of irritable bowel disease are severe. If oral foods are tolerated small, frequent, low residue feeding are given to avoid over distending the stomach and stimulating peristalsis. It is important for the patient to restrict activity to conserve energy, reduce peristalsis and calorie requirements. 3. How to promote rest: it is important to encourage activity within the limits of the patientÃ¢â¬â¢s capacity. The nurse suggests bed rest for a patient who is febrile , has frequent diarrheal stools or is bleeding. 4. How to cope with the stress and anxiety: teaching the patient the art of stress relief without drugs can give the patient a sense of control over some symptoms. Such as biofeedback, routine exercise, relaxation exercises, breathing techniques, massage, etc. According to (Mirkka et al, 2008) Ã¢â¬Å" patients expect functional knowledge about self care and how it affects their health. In addition to understanding the disease and treatment, patients expect social knowledge about how to connect treatment at home. Patients expect social knowledge about how to connect treatment with work, hobbies and social life, patients also expect that their family should learn about their illness, home care, and how to participate in treatment. Ã¢â¬Å" ( p. 250) After finishing the above teaching, MS and her husband accepted the facts and disease, expressed all the feeling and concerns to the nurse. While allowing MS to explore her feeling toward he diagnosis, the nurse could encourage her to set short- term and long -term goals. How will MS cope with pain today? What methods for pain control would MS like to continue to explore in the days to come (BloomÃ¢â¬â¢s Taxonomy affective domain)? Once the goals setting, MS and her husband work together to comply with treatment, follow medical advise. Financial strategies will place a huge toll on MSÃ¢â¬â¢s disposition. The nurse enlisting the help of social work can help her develop plans for future caring needs. Social work can assist her to apply for other health plans that will support her alone. If she has no other support systems in place, social work can assist her with home health nursing for her recovery period and financial assistance , if she needs to be off from work for an extended time. MSÃ¢â¬â¢s struggles are many, but to ensure her successful recovery we must utilize all the resources of our multidisciplinary colleagues, as well as our nursing knowledge. We must take into effect what the patientÃ¢â¬â¢s diagnosis, prognosis, and experiences are so we can give her the best chance of survival with her illness.