Liability for defective construction and design Essay

Liability for defective construction and design - Essay Example However, there are certain stipulations that must be met under different legal systems in order to ensure that the dispensation of justice is fair to all involved parties. The legal code in practice in the United Arab Emirates derives a number of different elements from English law but still has subtle differences when it comes to practice. This paper will look into the various kinds of protections offered under English law and UAE law for tortuous liability on grounds of defective construction and design. The discussion in this paper will be focused on the relationship between the developer (or contractor as applicable) and the end consumer who buys the constructed product or services in order to form a comparison of which legal system provides greater protection to the end buyer. Tortious Liability for Defective Construction and Design A number of legal systems provide for tortious liability for acts of omission and commission practiced by the contractor. It is possible to classify building defects using two clear classifications: patent defects and latent defects. While the former deals with defects that are visible to the contractor, consultant and other involved parties, the latter refers to defects that appear years after the building is complete. As far as patent defects are concerned, the involved parties can detect and deal with the defects as they appear unless the project owner is not satisfied. However, it is possible that latent defects remain and only appear after the building is taken into service. For example, it is typical to find leaking plumbing, easily broken floor tiles and the like once a property is taken into custody. The law does provide for remedies in these situations but such remedies are subject to certain stipulations such as time bars. English Law English law dictates that any defects observed after a takeover of constructed property must be evaluated through the Limitation Act of 1980. It is common practice for the parties involv ed i.e. the contractor and the project owner to agree to a period where any discovered defects would be rectified. It is typical to see contractual agreements between parties that stipulate periods of between one year and two years, after the completion of construction, to deal with any discovered defects1. This would apply solely to latent defects as common practice shows that patent defects are removed prior to building handover by the project owner or end consumer. Another set of circumstances would emerge if there are no such clauses available in the construction contract to deal with defects in the post construction completion scenario. In such circumstances, the aggrieved party has the option to go to a court of law in order to deal with any damages incurred due to the contractor’s actions. It must be taken to note that tort actions for such cases under English law are only possible if the tort claim is brought before the case no later than six years after the damage ha s been caused2. Technically the date that the damage is notice or secured is better known as â€Å"the date of action accrued†3. Here it must be taken to note that the involved parties may reduce or increase the period settled by the Limitation Act (1980) for tort claims to occur. It is common court practice not to interfere with the actions of

Problems encouter by patients without health insurance in America Essay

Problems encouter by patients without health insurance in America - Essay Example Nearly 46 million people living in the United States are uninsured, majority of them of color, are likelihood of not receiving medical advice that they cannot afford and it is a reality. As per the survey conducted by The Commonwealth Fund, a private foundation that works to advance health care quality and insurance coverage, national health care spending is growing at a rate of 7% per year that is faster than the U.S. economy. There are 16 million American people who are considered underinsured and many people who are unable to pay for these rising rates will become one of them or they will join the ranks of the uninsured. As per the Kaiser Family Foundation reports 40% of uninsured adults do not have a regular primary health care checks. That means no annual physicals or other preventive care. Consequently, many uninsured patients are ignorant that they have a medical problem until they have an emergency situation. Tribal and ethnic minorities are overly affected by the absence of health care coverage. A report by the U.S. Census Bureau 2004, discloses that almost one third of Hispanics, 20% of African Americans, 29% of American Indians/Alaska Natives and 17% of Asians lack health insurance. These facts indicate that there is a substantial portion of population lacks adequate health insurance or has no coverage at all. Health care is a mounting problem in the United States. Medicine has developed great ways to deal with many of the problems, but the treatments are not cheap and the combination of improved life expectation and an enormous growth in the population of the United States has increased health care costs very high.

Primary Notes For Girlfriend in a Coma Essay Example for Free

Primary Notes For Girlfriend in a Coma Essay Theme Statement Rediscovering one self to give hope for the future. At some point in your life there will be sense of loneliness, to overcome this, you ought to find a significant meaning in life. Richard Richard a loyal, smart, boyfriend to Karen who is in a coma for the past 17 years. He has been by her side till the very end. Hes devoted to her, counting all the days she has been in the coma. (108) He question what is life without her? He started to having a drinking problem (79) thinking it will solve everything. He was already in depression, giving up hope when his friend, Jared died to cancer. (236) Hes been alone for 17 years even tho he is still close with his friends, theyre not always there. Questioning his fatherhood, why he failed to raise his daughter, Megan while Karen is in a coma. He broke down and went back to this drinking habits (107) When Karen awoke everything seems to have hope now.(131) When he withdrew he stills to able to maintain a proper lifestyle in his community on Rabbit Lane(246) Loneliness Each one of the character at a point along this book feels a sense of loneliness. Richard the most out of the character suffers this when Karen went into a coma. Even tho he has his daughter Megan, he still feels empty. (79) Wendy also feels lonely when Jared has passed away, he was her one true love (145) When she saw Jared ghost she wanted him to take her away, from her lonely life (224) Megan also deals with loneliness, after the â€Å"plague† she lost her â€Å"bestfriend† Jenny. She went to visit her home and read her diary â€Å"230† She also requested Jared to take her away.(234) Linus also question the purpose of life, he no longer wanted to live on the planet.(236) He wanted a glimpse of afterlife, which he then saw heaven.(238) Rabbit Lane All the events that occurred revolves around Rabbit Lane, where are there character grew up. They question why the plague hasnt reach them in Rabbit Lane. A lot of memories have taken since when they were young till â€Å"the last day of the world†

Ednas Escape The Awakening Essay -- essays papers

Edna's Escape The Awakening Edna’s Escape The ending of Kate Chopin’s The Awakening is both controversial and thought provoking. Many see Edna Pontellier’s suicide as the final stage of her â€Å"awakening†, and the only way that she will ever be able to truly be free. Edna’s suicide, however, is nothing more than her final attempt to escape from her life. Edna Pontellier’s life has become too much for her to handle, and by committing suicide she is simply escaping the oppression she feels from her marriage, the suppression she feels from her children, and the failure of her relationship with Robert. Edna Pontellier’s marriage is a failure in her own eyes. Although when thinking of other husbands she at one time admits that, â€Å"she knew of none better† than her own, she is in no way happy with her married life. When describing the feelings Edna had regarding her marriage Chopin describes the marriage as, â€Å"An indescribable oppression, which seemed to generate in some unfamiliar part of her consciousness, filled her whole being with a vague anguish. It was like a shadow, like a mist passing across her soul’s summer day†. Throughout the course of this novel Edna is coming to the realization that she is extremely unhappy with her married life, and she wishes to be free from the oppression that she feels with the relationship with her husband. Unfortunately for Edna divorce at this time is unheard of, and would be regarded as a disgrace to Edna as well as her family. Edna’s unhappiness with her marriage leaves her with few choices; she can remain in her marriage and be miserable, or she can leave her husband and face the consequences. Edna, however, does not have the heart for either of these choices, and escapes the pain of he... ...l not result from a new house, or her painting, or even her love for Robert, but instead will be much more difficult for her to obtain. It is this realization, as well as the oppression she feels from her marriage and the suppression she feels from her children that lead Edna to commit suicide, for she realizes that is the only way she will truly be able to escape her troublesome life. Edna Ponteillier’s suicide at the end of The Awakening is a result of her failed attempt at a new life. Edna’s suicide was her last resort, and was simply a way to escape from the troubles that resulted from the unhappiness she felt with her life. Edna’s suicide was not representative of the final stage of her â€Å"awakening†, but was merely an escape from the oppression she felt from her husband, the suppression she felt from her children, and from her failed relationship with Robert. Edna's Escape The Awakening Essay -- essays papers Edna's Escape The Awakening Edna’s Escape The ending of Kate Chopin’s The Awakening is both controversial and thought provoking. Many see Edna Pontellier’s suicide as the final stage of her â€Å"awakening†, and the only way that she will ever be able to truly be free. Edna’s suicide, however, is nothing more than her final attempt to escape from her life. Edna Pontellier’s life has become too much for her to handle, and by committing suicide she is simply escaping the oppression she feels from her marriage, the suppression she feels from her children, and the failure of her relationship with Robert. Edna Pontellier’s marriage is a failure in her own eyes. Although when thinking of other husbands she at one time admits that, â€Å"she knew of none better† than her own, she is in no way happy with her married life. When describing the feelings Edna had regarding her marriage Chopin describes the marriage as, â€Å"An indescribable oppression, which seemed to generate in some unfamiliar part of her consciousness, filled her whole being with a vague anguish. It was like a shadow, like a mist passing across her soul’s summer day†. Throughout the course of this novel Edna is coming to the realization that she is extremely unhappy with her married life, and she wishes to be free from the oppression that she feels with the relationship with her husband. Unfortunately for Edna divorce at this time is unheard of, and would be regarded as a disgrace to Edna as well as her family. Edna’s unhappiness with her marriage leaves her with few choices; she can remain in her marriage and be miserable, or she can leave her husband and face the consequences. Edna, however, does not have the heart for either of these choices, and escapes the pain of he... ...l not result from a new house, or her painting, or even her love for Robert, but instead will be much more difficult for her to obtain. It is this realization, as well as the oppression she feels from her marriage and the suppression she feels from her children that lead Edna to commit suicide, for she realizes that is the only way she will truly be able to escape her troublesome life. Edna Ponteillier’s suicide at the end of The Awakening is a result of her failed attempt at a new life. Edna’s suicide was her last resort, and was simply a way to escape from the troubles that resulted from the unhappiness she felt with her life. Edna’s suicide was not representative of the final stage of her â€Å"awakening†, but was merely an escape from the oppression she felt from her husband, the suppression she felt from her children, and from her failed relationship with Robert.

A new social contract

There are many suggestions for reform in government’s relationship to the economy. As I had hinted in my earlier discourse, many of my recommendations deal with eliminating government’s intervention in economic activity. Thus, there needs to be a creation of a free market economy, independent of government influence as a means to stimulate economic enterprise toward more productivity and to restore the economy to a strong position. However, given the long history of government involvement, it is highly unlikely that such action is possible.I guess it is time for a new social contract. It seems that the policies and practices in the employment of relationships in America are no longer responsive to the needs of today’s working families and society. There had been more emphasis on increased profits and productivity while the wages have remained the same, or worst, declined and stagnated for families. The irony is that people are working harder, but they do not belo ng among those who share in the gains from their efforts. Only a small percentage of the population is privileged to have that benefit, adding to the increasing inequality. The families are affected by these changes and one wonders what he can do in the face of these economic changes. The implicit social contract that encompasses work such as loyalty and hard work are not necessarily rewarded with fair and increasing wages. This has been blotted out by a norm where employers give center stage to stock price and even short-term gains, which are often at the expense of the workers who work hard daily.What we call the American Dream is usually the promise of riches and prosperity and a life that is well-lived.   This has been the ideal ever since that ensures one success in life so long as he is willing to sacrifice everything to work for it. It has been such an illusion for many. Thus the American dream has become a driving and motivating force for millions of people who flock to th e â€Å"Land of the Free† because they want to escape the poverty in their countries. They think that their only option viable to them is to move to a country that promises them success, wealth, freedom from material prosperity.However, even though this is oftentimes true for the people who really do work hard for the dream, the American Dream must not be promoted as it is. The reason here is because it shifts the focus from the true values that count in the family to the material wealth and greed that entices people to come work in a land of opportunities which may otherwise not turn out to be so (The American Dream).I remember Walt Whitman’s poem I Hear America Singing where there is the sense of each one seeking his own personal niche in the land of promises as seen in the following lines:â€Å"Each singing what belongs to him or her and to none else, The day what belongs to the day–at night the party of young fellows, robust, friendly, Singing with open mou ths their strong melodious songs.†(I Hear America Singing).It almost captures that desire as one reads the entire work and is very descriptivethat the future belongs to the young and those who are open to opportunities. For the people who leave their country of origin, there is a substantial tradeoff for embracing the American Dream. Behind the veil of power and comparative material wealth that is promised to every individual, there is a significant loss that one must encounter. And that loss is the loss of traditional culture. In the essay by MSNBC columnist Eric Liu, he states that during one of his dinner meals at a friend’s house: â€Å"The more time I spent in their midst, the more I learned to be like them. To make their everyday idioms and idiosyncrasies familiar. To possess them.† This particular longing to assimilate all of the â€Å"everyday idioms and idiosyncrasies† of the American culture was brought about not by curiosity or a certain zeal fo r knowledge. This particular longing was fueled by negative emotions. This passion for learning the ropes of American culture was born out of the longing of the desire to fit in.The American Dream may be able to provide a person the necessary wealth that one could only dream about in his native country but it also takes away the immaterial liberties that come from being rooted in a different culture. This is what is seen in Tony Went to the Bodega But He Didn’t Buy Anything. Because the person sat at the doorway and saw people come and go, his being in that position depicted a life of leisure which one thinks could be achieved if he pursues the American Dream. One does not know that there is an illusion to this since one may never attain this goal by just going to a place and hoping that one’s station in life is guaranteed to be easy. The American Dream will always be a Utopian dream until people realize that material wealth is not the only path for success and happine ss. This is seen in the lines,Tony went to the bodega, But he didn’t buy anything: He sat by the doorway satisfied To watch la gente (people Island-brown as him). Crowd in and out, (Tony Went to the Bodega But He Didn’t Buy Anything).The American Dream promises people from all walks of life and all countries of origin that within this land, there is freedom from oppression, freedom from poverty and material wealth but for other people, it will only remain a dream for them. As Langston Hughes remarks, â€Å"I am the people, humble, hungry, mean–Hungry yet today despite the dream.†Ã‚   There have been casualties during this fight for the American Dream. Several people have risked leaving their homelands in search of a bright future in the United States yet there are millions today on relief and people are still being persecuted and discriminated.The land of the free is still a land of oppression and even though people would like to view it as a land of oppo rtunity, it becomes more like a land of   deception and false hopes. Hughes ends his poem with both a revelation of what America has come to be as well an exhortation to the people to make America what is should have been. He says: â€Å"The mountains and the endless plain–All, all the stretch of these great green states–And make America again! (Hughes, 1938).Being optimistic about the dynamic forces of globalization and the practical applications of corporate social responsibilities sweeping multinational and large national organizations, I still believe that there is a balanced solution in multinational’s outsourcing of resources and less developed countries’ mutual advantage from this economic relationship. It is the primary duty of the national governments to uphold their sovereignty and protect their natural resources, especially their human resource or labor from being corrupted by foreign companies. They must uphold their constitution and by law s and promote more economic and bilateral policies to protect their people and resources at the same time harness their economic potential for the nation’s own advantage, growth and development.They must dictate the terms for which their resources will be used, taking into consideration the growth and comparative advantage of their people and the extinction of their natural resources and habitat. The notion about hiring local managers and staff is preliminary. Of paramount importance is the question of how and in what terms they will allow the multinationals to exhaust their most important resources and capital.In effect, the dream that once tugged at people’s hearts never really existed in the first place. The dream that made people leave their homelands only remain a dream because there are people who still have not â€Å"made it† in America. There is something amiss in the ruckus that is about the American Dream. On one side, the American Dream remains a drea m where the corruption and the apathy of people continues to prevent it from coming true while on the other side, the American Dream comes with too high a price. It asks for the individual’s culture, it torments the person and convinces him into thinking that if you do not assimilate the American culture, you will never make it.Given the importance of our work in our daily lives, our policies and institutions need to provide decent benefits and the opportunity to use one’s abilities to the maximum. Consistent with our nation’s democratic principles, all Americans must possess a freedom to voice out their opinions and be treated fairly. This just means that we value a balance between the interests of the employers and shareholders and the interests of the family.ReferencesThe American Dream. Retrieved Oct. 20, 2007 at:http://en.wikipedia.org/wiki/American_DreamI Hear America Singing by Walt Whitman.About.com Literature Classic.Retrieved Oct. 20, 2007 at:  Ã‚  Ã ‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://classiclit.about.com/library/bl-etexts/wwhitman/bl-ww-ihear.htmHughes, Langston. 1938. â€Å"Let America Be America Again.† Retrieved Oct. 20, 2007 at:  http://www.poetryconnection.net/poets/Langston_Hughes/2385Tony Went to the Bodega But He Didn’t Buy   Anything.Retrieved Oct. 20, 2007 at:http://www.gcsk12.net/speech_meet/speech_docs/Junior%20High%2005-06/dramatic%20poety/dramatic_poetry_43.pdf

Legal Aspects of Healthcare

Brett R. Myers Module 2 SLP BHM 443: Legal Aspects of Healthcare Dr. Holly Orozco 25 October 2010 Brett R Myers BHM 443 Dr. Holly Orozco There are 2 classifications of crimes that criminals in the United States can be charge with either a misdemeanor or a felony. Depending on what state someone commits a crime determines what classification of crime they are charged with. Many states take the crime and the max incarceration period into consideration when determining what to classify ones crime as.If one is charged with a misdemeanor they normally will not be incarcerated for longer than a year. Examples of misdemeanors are theft under a certain dollar amount, vandalism, public intoxication, and or reckless driving. The financial burden of a misdemeanor compared to a felony is lower as well. If charged with a felony they will normally stay long after a year. Examples of felonies could be money laundering, murder, or manslaughter. Under the classification of a felony some jurisdictions also classify felonies into degrees or grades of seriousness for example class 1-6 felony and aggravated felony.When a healthcare professional is charged with a crime there careers could potentially be over. In the state of New York when a healthcare professional commits a felony even if not deemed medical misconduct or even involving their practice their license to practice medicine can be revoked. The state of Arizona as well will revoke all license of a physician if charged with not only felonies but also has the choice even if convicted of a misdemeanor. The Food and Drug Administration does have the authority to disbar physicians who are committed of felonies in all states.With being Military a military physician can be held accountable in both civilian and military courts if charged with a crime. With doing my research over these questions to me the penalty for committing a simple misdemeanor can be pretty harsh on a physician.References http://www. craiggillespie. com/profes sional-licensing. html Collateral Consequences of Criminal Convictions of Physicians. (Michael S. Kelton 2006) http://www. superpages. com/supertips/definition-of-felony. html

20 Financial Accounting Topics for Research Proposal

20 Financial Accounting Topics for Research Proposal Our previous guide emphasized on facts based on Financial Accounting to help you carry out a research in the light of the facts we provided. Our second guide focuses on different topics related to financial accounting to help you pick the best topics for research. Besides having 20 research topics for your proposal, this guide also contains an essay based on one of them. In addition to this, we have also mentioned a few references at the bottom of this guide as well as the previous one to help you search relevant information regarding the topic you choose. Do not forget to go through our last guide, which contains tips on how to write a research proposal.  It includes the patterns and structures on which a research proposal should be written. It is a must read for students preparing a research proposal for the very first time. So, here are our 20 topics to help you make up your mind to come up with a topic for accounting topics for research of your own or selecting one from the list: Can Accounting Software Help Reduce Cost? How Accounting Software Improve Productivity Can Financial Accounting Reduce Risk Management? A Research on How Financial Accounting is Transforming The Impact of Auditing on the Financial Position of a Business What is Causing Financial Instability among Giant Businesses? The Impact of Increasing Number of Accounting Graduates in the World A Study on How Long Term Debts Affect an Organisation Can a Balance Sheet Give a Company’s Financial Standing?   Is Computerized Accounting Better Than Manual Accounting?   Why Should an Organization Have a Separate Finance Department?   How Would Financial Statements Look Like Without Accounting Standards?   How are Accountants Creating Their Names in the Accounting firm   Is Financial Reporting Critical to Ensure Customer’s Confidence?   Is there a Need to Change Accounting Standards With Evolving Technology?   Why Companies Lie in Accounting Books   Are Current Accounting Standards the Ideal Standards?   Why is There a Need For Regulation in Financial Reporting?   Should Companies Keep Their Financial Instruments Safe?   Is Accounting Only For Big Businesses? To help you even further, we have selected one of the topics above and written a proposal and essay for you to understand how it should be done. Here is a sample essay with a proposal. Sample Essay: Can Accounting Software Help Reduce Cost? The proposal will discuss why you chose this topic and what you wish to find out. Proposal: The use of computer software in accounting is on a constant rise. Computers seem to have replaced human accountants in different industries. Many experts believe it is due to cost difference, but is there more to this issue? This research paper will discuss the impact of computer accounting software, and answer if it really helps reduce cost. Essay: The most difficult and frustrating part about running a business is managing its costs. A successful business requires well maintained a monitoring and management system. A good managing and monitoring accounting software will help you reduce cost, as per most experts. An accounting software helps you automate daily routine procedures and save you a lot of precious time and cost. Accounting software has helped small businesses in gaining an upper edge when it comes to saving cost. For instance, Payroll managing software helps in computerizing data and increasing the pace of the operations. Besides speeding up the process, it also keeps a business safe from making blunders which can turn out to be disastrous in the future or cost the business a hefty loss. The concept of recording operations and inventory of business over accounting programs wasn’t much talk among the successful businesses when manual bookkeeping was at a rise. However, within a very short span of time, accounting software took the industry by storm. The business owners were more than happy to have their data automated and operated with such ease and helped them reduce cost in many ways. According to reports, 50% of all businesses are using software to do full or at least partial accounting. It automates the system which helps in reducing the cost. This move has made manual bookkeeping vanish into thin air. Both large and small business owners are turning over towards using an accounting software for their businesses. If we have a look at supermarts, they are running on accounting software which helps them have smooth financial operations. It reduces time and cost! An accounting software helps you maintain the inventory at an accurate state, it keeps on reminding you if your stock is running out and also makes most documents on its own, with just one click. Since computers are doing most of the maths, you do not run the risk of mistakes either. So, where do you save costs? You save it by reducing your financial department. You do not need to hire accountants as all you need is one person to handle the software and feed the required information into the system. The person will also have more time in hand to devote to other tasks that they would otherwise waste in doing calculations. Accounting software reduces cash flow problems. Tracking the sales detail of a particular product or service lets you know which of your items are more demanded. Thus, it gives you the idea of how to manage your stock. Practicing this technique lets you promote a nice running cash flow. A lack of mistakes also saves you penalties and other such problems, resulting in financial benefits. Exactly how much you can save by turning towards an accounting tool is subjective and depends on the size and nature of your business. But, looking at stats, it says that the savings will be good enough to make the jump. The only trouble is training and getting used to a new system, but considering benefits, it is all worth it. There you have it, a precise, informative essay. Let us now move on to our third and final guide which will help you understand the structure of writing a research proposal. But before that, let’s have a look at references mentioned below. References: Elikai, D. Inancevich, and S. Ivancevich, ‘‘Accounting Software Selection and User Satisfaction,’’ The CPA Journal (May 2007), p. 26. Net Suite (2008) The Benefits of Integrated Business Management Software for Wholesale Distributors: Overcoming the Barriers of Stand-alone Business Applications netsuite.com/portal/pdf/integrated-software-for-wd.pdf Top 10 Accounting/Financial Management Software for Mid-sized Businesses, (2009), otaccounting.com/top_10_accounting.pdf Walker Wayland, (2010), Benefits of a computerised accounting system. wwauckland.co.nz/files/docs/benefits%20of%20a%20computerised%20accounting%20system.pdf