Private Hospital vs Public Hospitals

Concern over the quality of health care services in Bangladesh has led to loss of faith in low utilization of public health facilities, and increasing outflow of Bangladeshi patients to private hospitals. The public health sector is plagued by uneven demand and perceptions of poor quality. Countrywide, the underutilization of available facilities is of significant concern. For example, one study shows that the overall utilization rate for public health care services is as low as 30% (Ricardo et al. 004). Moreover, the trend of utilization of public health care services has been declining between 1999 and 2003, while the rate of utilization of private health care facilities for the same period has been increasing (CIET Canada 2003). The unavailability of doctors and nurses, as well as their negative attitudes and behaviors, are major hindrances to the utilization of public hospitals. The situation is further compounded by lack of drugs, and long travel and waiting times (HEU 2003a). What is particularly disturbing is the lack of empathy of the service providers, their generally callous and casual demeanor, their aggressive pursuit of monetary gains, their poor levels of competence and, occasionally, their disregard for the suffering that patients endure without being able to voice their concerns—all of these service failures are reported frequently in the print media. Such failures can play a powerful role in shaping patients’ negative attitudes and dissatisfaction with health care service providers and health care itself. The private health care sector also deserves close scrutiny as about 70% of the patients seek medical care from this sector (World Bank 2003). Between 1996 and 2000, private hospitals grew around 15% per annum (HEU 2003b). Benefits of going to private hospitals than public hospitals: 1. Reliability: Reliability refers to providers’ ability to perform the promised service dependably and accurately. Private hospitals provides good compatible doctors in some cases they have foreign physicians or specialist, who gives treatment here in visiting basis. They have high-tech machineries which gives accurate and precise results. Supervision of patients is also good for patients who are admitted here. Where public hospital mostly runs with inter doctors who newly started their work. Their medical tests are not that much reliable, as due to inefficient staff and back-dated machinery. 2. Responsiveness: Private hospital staffs respond promptly when needed. The requirement equipments are available, functional and able to provide quick diagnoses of diseases. Also prescribed drugs are available and properly administered. But in public hospitals the response is not that much quick, with lack of proper equipments. The prescribed drugs are not that much available. 3. Assurance: here in private hospitals, with knowledge, skill and courtesy of the doctors and nurses can provide a sense of assurance that they have the patient's best interest in mind. They deliver their services with integrity, fairness and beneficence. In the health care system, assurance is embodied in service providers who correctly interpret laboratory reports, diagnose the disease competently, provide appropriate explanations to queries, and generate a sense of safety. But the public hospitals give a totally opposite impression. 4. Discipline: In Private hospitals the doctors maintain proper visiting schedules and that there are structured visiting hours for relatives, friends, etc. A clean and organized appearance of a hospital, its staff, its premises, restrooms, equipment, wards and beds are visible. The practices of paying ‘Baksheesh’ (an informal but small facilitation payment) are strictly prohibited here. Conclusion: This contention was largely supported since private hospitals obtained better ratings than public hospitals on most of the measures of responsiveness, communication, and discipline. These differences suggest that private hospitals are playing a meaningful role in society, justifying their existence, continuation.

Age of Enlightenment and Course Materials

Candide worksheetName: Huy Dang Khac The purpose of this assignment is to help you develop the critical thinking skills necessary to write a basic, college-level analytical essay. You may type directly into this file and then upload when finished. Remember that you need to connect what you read in the book to what you are learning from other course materials to complete you answers. Step I: Basic, factual analysis of a reading 1. List three examples of events/methods from Voltaire’s Candide which you believe best illustrate the issues related to the Scientific Revolution and to the Enlightenment. . The reaction of the Portuguese Inquisitor about the earthquake. b. The lifestyle of people in El Dorado. c. The despair of Paquette and the monk Brother Giroflee 2. Now for each point above, explain why this example illustrates these issues. a. Tsunami and earthquake’s acknowledgement are proof of developing science. The reaction of the Inquisitor for trying to kill Candide a nd Pangloss because of the earthquake is a typical example of the abuse of the church on people.It’s used to prove that what the church said is wrongful and people foolishly believe in what they are told. b. El Dorado is essentially the utopia of nobles, people living during the Enlightenment era. Street are covered with precious stones No Priests All of the king’s jokes are funny. Nobody care about gold or fighting over gold in the kingdom. King is kind and helpful. c. It’s the freedom of expression about their philosophies in life. They are noticing the ugly truth of their life as a sexual object and obeying religion against the will of person. . Finally, place each point above into the historical context (this means to make direct connections of this point to other specific information you have learned about the era from the other course materials) a. The Lisbon earthquake in Nov 1, 1755. b. French revolution in 18th century. c. The Seven Years War. 4. Compar e Candide to the Appendix from Theodicity by Wilhelm Gottfried Leibnitz (found in the course materials under Assignments and Quizzes / Candide Assignment). List one example where the two sources agree. God did not choose the best course. . List one example where the two sources differ from each other. Every event is predetermined. 6. What do you think it means if the materials agree? It’s consistent among authors about the philosophy of religion belief/ life. Therefore, it’s a creditable source of outcome for further studies. When a material is proven to be true in two or more sources, its defense is stronger to believe in. It’s easier for readers, scholars to utilize in debating an issue. It opens way for discussion of an idea from multi perspectives. 7.What should you do with information that differs? First, I don’t pick which side I’ll support and which I’ll not. Search for facts (if possible), logical reasoning. Evaluating idea from my o wn experiences. Asking other people about their thought on both sides, then I compare and contrast both idea against each other’s. The result could end up be one side over another or a combination of both. PART II: How to use a period piece of literature (here answer the questions using your common sense and critical thinking skills) 1.List two reasons why students should be cautious in using a piece of literature in historical analysis. a. Piece of literature consists of belief and opinions, which are strongly opposed to historical analysis requiring good use of data, event. b. Piece of literature is written in a mocking way of the real society. Students should pay attention to the reliability of author of such piece to avoid bias in historical analysis. 2. Give an example from Voltaire’s book for each of the reasons raised a bove. a.Candide and Pangloss’s optimism – which are reflecting the belief of Voltaire They are opinion not facts. There are uncert ainties about the truth of the society behind this thought. b. Voltaire’s idea of El Dorado: Once again, this is the utopia of Voltaire, which may or may not be the haven of other people. Believing in such event is over generalizing the thought of people in the society. 3. List two reasons why students should use a period piece of literature. a. It gives the idea, thought of people who are living in the society at that time.It’s more relevant than assuming the life condition base on dry facts. b. It’s useful when students want to do a compare and contrast to the theory they are studying. It gives students various perspectives to view an issue. 4. Now give an example from Voltaire’s book for each of the reasons raised above. a. The tsunami, earthquake in Lisbon and the reaction of the Inquisitor. b. Life of labor in the society during the whole stories. PART III: Sketching out an Essay In this section of the worksheet, you will see how all the course mater ials start to come together.If you were writing an essay, you would want to draw your conclusions and make your inferences using a wide variety of examples to make your points and provide supporting evidence (which would likely lead to an â€Å"A† paper). Keep this in mind as you answer the rest of the questions here. Now, suppose I were to assign the following essay topic (DO NOT WRITE AN ESSAY): In the period between the middle of the seventeenth century and the French Revolution Europe underwent a period of transformation in terms of scientific and social thought with had far-reaching implications in legal issues as well.Examine the impact of the Scientific Revolution and the Enlightenment on European politics, law, and society. What examples would you use from Candide book (taking into consideration the concepts we have just worked with in Parts I and II) to back up/illustrate your analysis of each of the following points (give one example per each). Once again, you need to consider ALL that you have learned from the course materials, not just from reading this book. 1. One key impact of the Scientific Revolution and the Enlightenment on European society: 2.One key impact of the Scientific Revolution and the Enlightenment on European politics: 3. One key impact of the Scientific Revolution and the Enlightenment on European law: Now broaden out your analysis to use other documents/textbook/readings or other non-textbook materials/lectures. Give two examples for each of the three categories above: 1. Scientific Revolution like Copernicus’s theories about the earth and sun, which the earth is not the center of our solar system.This went against the way that churches were teaching (Before, Plato believed that Earth was the center of the universe). Also, Galileo Galilei with the discovery of telescope and the law of the pendulum, both prove that Aristole was wrong. Both of them prove that Church could be wrong in science by their scientific method and reason. In the end, people began to ask themselves that what if they can understand other things in life by using scientific method and reason. Started back in 1500s, people went on to use reason, experiment, and observations to develop and progress. . John Locke was a philosopher. He believed that people were able to govern themselves; therefore he did not like the absolute monarch. He wanted more power for ordinary people (because everybody is born free and were right to life, liberty, and property. Later, his book had a big effect on what we think about politics and government today. Voltaire was one of the most important philosophers of the Enlightenment. He spent much of his life to criticize the church for freedom of religion and speech.In Voltaire’s idea, the best ruler would be an enlightened monarch, who studied the science of government and protected the basic rights of the people. The philosophes were concerned about social and religious issues. They encourage d education as the way to end ignorance, and superstition. 3. Deism was the idea that universe was created by a higher being (God). According to deist, there are no supernatural acts, such as miracles, manifestation, messages; they considered it as religious superstition.The Spirit of the Laws by Montesquieu, who argued that power of the king, came from people, not from God or Divine Right. In conclusion, the Enlightenment changed the way that people thought about science, religion, politics, and laws. We can still see those effects in our lives today. Now, if you were really writing an essay, you would have organized all of your strong examples to use in supporting your â€Å"big picture† analysis that comes from the text and lecture materials. You are ready to write a well-organized, critical thinking analytical essay on the above topic (DO NOT DO THIS).

The Bermuda Triangle A Mystery That Intrigues - 1473 Words

Ships and planes disappear without a trace. It’s a mystery that intrigues and amazes all. But this horrifying tragedy happens all over the world. Even with today’s compasses and technology, how could you still get lost? In some places, they seem to vanish more than any other part of the world. Of these, the most known location is the Bermuda Triangle. Legend An unexplainable section of the world, the Bermuda Triangle, bounded by Miami, Bermuda, and Puerto Rico has baffled people from all over the world. Obtaining its name from Vincent Gaddis, an American author who first used the phrase â€Å"Bermuda Triangle† in the 1964 February issue of the magazine Argosy, the Bermuda Triangle covers about 500,000 miles (History.) Also called â€Å"Devil’s†¦show more content†¦Soon enough, a pattern began forming, large boats and ships would disappear or be found abandoned. On December 1945, five Navy Avenger torpedo bombers with fourteen men together named Flight 19 left Fort Lauderdale in Florida. Charles C. Taylor, the leader, became lost due to compass malfunctioning. All five â€Å"flew aimlessly until they ran low on fuel and were forced to ditch at sea† (History.) The same day, a rescue plane and a thirteen man crew disappeared. Another well-known shipwreck, the Ellen Austin, left England to go to New York in 1881. During their trip, they found an abandoned ship and the captain told six men to go on and ride beside them until they arrived in New York. Eventually, the boat got lost and was never to be seen again. But in 1944, retired Navy officer Commander Gould said the ship was found again by the Ellen Austin. He reported that no one was on board and the ship was â€Å"sailing erratically† (10 Terrifying.) December 22, 1967, Dan Burack and Patrick Horgan set sail on the Witchcraft. Only a few kilometers in, they hit something and called Coast Guard. They came 19 minutes later, but there was no sign or trace of the men or the boat (10 Terrifying.) Making its way from Puerto Rico to Miami, the Airborne Transport DC-3 disappearance occurred on December 28, 1948. At 4:30 AM, a radio transmission was sent reportingShow MoreRelatedTaking a Look at the Bermuda Triangle 722 Words   |  3 Pagesno one knows why. This is the legend of the bermuda triangle. Is there a natural and reasonable cause to these disappearances? Or is it something beyond nature? The causes, simple- 100 ft. rogue waves, methane gas eruptions, and extreme weather. The location of the Triangle is between three points, Bermuda, Miami, FL, and San Juan, Puerto Rico. This location is unique due to the many reported ships and planes that disappeared without a trace. The Triangle does, however, have the Gulf stream flowingRead More Mysteries Essay1723 Words   |  7 PagesMysteries There are many mysteries that question the mind, but none that can compare to the intrigue in the supernatural. Ghosts, goblins, poltergeists, Death Omens, curses, unexplainable phenomena, and hauntings; mysteries of the paranormal could go on and on. There are centuries of ghost stories and tales that have been passed down from generation to generation. From the Bermuda Triangle mysteries, phantoms of the ocean, ships, and glowing ghosts of little boys, to the curse of James Deans

George Orwell s Brave New World, 1984, And King Lear

Power and Control is presented in various ways in Brave New World, 1984, and King Lear. The ways in which the omnipresent governments in 1984 and Brave New World deploy power and control draw significant areas of comparison to each other, as well as contrasting to the presentation of power and control in King Lear. Various methods are utilised in order to exercise power and control in 1984, King Lear, and Brave New World. â€Å"Hypnopaedia† is employed in Brave New World as a method of mass control. Infants are conditioned through Hypnopaedia into their â€Å"social castes†. The Director tells a group of students in the hatcheries that â€Å"we also predestine and condition. We decant our babies as socialised human beings, as Alphas or Epsilons, as future sewage workers or future Directors of Hatcheries†. The use of ‘predestine’ here elicits a frightening paradox: in effect the hatcheries are manufacturing the destiny of its civilians. Destiny, by definition, is the predetermined future of a living organism, yet their use of negative reinforcement during hypnopaedia alters this, so that in effect, the world state is deciding the future of the humans. The professor â€Å"triumphantly† demonstrates this by revealing the Delta infants observing â€Å"Books and loud noises, flowers and electric shocks†. Their aim is to change their natural associations of flowers with calm, serene images and substitute them with pain and terror. Reaffirming their control over them as they now grow up with â€Å"what the

Twentieth Century is the Cancer Century - 1801 Words

The twentieth century has often been called the cancer century. This is because more than a hundred types of cancer have been discovered in this century, and secondly, because enormous medical efforts have been made to fight all kinds of cancer throughout the world. In the early decades of the twentieth century, cancer was considered to be a fatal disease. Although some cancers are still fatal, medical therapy has developed significantly over the years so that most cancers can be treated and cured. After decades of struggling to treat various cancers, doctors are now becoming more aware of the causes of these diseases, how they can be treated, and what can be done to prevent them. Cancer is a disease that is characterized by an â€Å"controlled growth and spread of abnormal cells† (What is Cancer?: American Cancer Society). When such a growth takes place, the cancer cells form a tumor from which cells will invade the neighboring tissues and organs. Some of these cells may even travel through the blood or other means to attack other organs and tissues in the body, this is called metastasis (Medline Plus: Metastasis). Different cancers have claimed several million lives over the years. In the 1980s, more than 4.5 million people died in the United States alone from cancer. As time goes by, more and more people get affected by cancer. In the past few years, nine million people developed cancers, and today there are more than 12 million people in the United States receivingShow MoreRelatedThe Unethical Approach to Immortality: the Immortal Life of Henrietta Lacks768 Words   |  4 PagesClint Stoeck Professor Kelly History 1302 19 October 2012 HeLa: The Unethical Approach to Immortality Henrietta Lacks is, one of the greatest contributors medical science and research in the past century. Albeit, she never knew of her contribution. In fact, it took twenty years for her family to be informed about the extensive number of cells that had been produced, and that would continue to be produced, to further studies in the best medical interest of mankind. The ethics of thisRead More 20th Century Essay827 Words   |  4 Pages Music written since 1900 is called twentieth century music. There have been more types and styles of music written in the twentieth century then ever before. In the twentieth century, the only limit is the composers imagination. This great variety of musical styles reflected the diversity of life during the early twentieth century. More people were free to choose where to live, how to earn a living, and how to spend their time. The car, airplane, telephone, phonograph, movies, and radio all madeRead MoreThe Origin Of Tourism During The Twentieth Century1524 Words   |  7 Pagesmanifested itself over the centuries in different shades, but the greatest common denominator was the movement of people to meet their needs. As claimed by Graburn (1983, quoted in Shaprley, 2008, pp. 1-23), ‘Tourism cannot be viewed as one monolithic, static sort of phenomenon’. The history of tourism opened with a restricted n umber of tourists who could afford to travel for the purpose of leisure and pleasure, in particular during the seventieth and eighteenth centuries with the Grand Tour and developmentRead MoreEssay on Humas Overcoming Nature1487 Words   |  6 Pagesa confidant to a skeptical viewpoint. As time passed, humans believied in their ability to conquer nature slowly diminished to a point where nature ruled without a doubt. Now, in the twentieth century, however, people believe once again that the human population can overcome nature. Up until the sixteenth century, people believed that God could explain all actions. In general, science did not really exist. People simply looked to the Bible for reassurance about then unexplainable phenomenon. WithRead MoreRebecca Skloot s The Immortal Life Of Henrietta Lacks999 Words   |  4 Pages† Today society deems this practice unacceptable; physicians now need patient consent to collect tissue for research. Many people still debate medical abuse and tissue ownership rights, showing that the eternal issue continued through the last century. By using the structure to overlap the narratives from different time periods, Skloot compares medical ethics of the 1950s and modern day. Nnn When Henrietta’s cells grow with â€Å"mythological intensity† in the laboratory, Gey uses them for his researchRead MoreEssay on Polio an American Story by David M.Ochinsky1081 Words   |  5 PagesNadikatla PRESENTED TO: Gerard Cleaves Polio an American story is a scholarly readable and informative book which covers the lives of many American eminent scientists who struggled a lot to eradicate polio. This book mainly focuses on the mid twentieth century where the people are very eager to find a vaccine to eradicate polio .This book also covers the entire topics from appearance of polio symptoms to post polio syndrome which shows the valuable thesis done by David M. Oshinsky. Throughout thisRead MoreHow Has Nuclear Medicine Propagated Science And Society?922 Words   |  4 PagesHow has nuclear medicine innovated science and society? Within the last century, science faced several discoveries that caused the scientific community and society to change one another. 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Commercial and Corporation Business Law †Myassignmenthelp.Com

Questions: Whether Ringo would be successful in recovering the claims of $6,000 as rent in arrear from Elena, or not? Whether or not Albert is under the obligation to pay the promised sum to George? Whether or not Albert has any remedies under the contract law? Which business structure is the most suitable for Harry, based on the facts given in the case study? Answers: 1.Misrepresentation is amongst one of the vitiating factors under a contract, the presence of which gives the aggrieved party an option to rescind the contract. In cases of misrepresentation, one party is induced or forced into getting into the contract and this allows the contract voidable at the option of the uncured party (Mulcahy, 2008). In Smith v Land and House Property Corp (1884) 28 Ch D 7, the claimant had purchased a hotel and one of the tenants had been described as being the most desirable one by the seller. This was done even when the seller was aware of the fact that the tenants rent was outstanding and that he was on the verge of being declared a bankrupt. The court held that this was a statement of fact and not a statement of opinion, owing to fact that the seller was in such a position to have known these facts (E-Law Resources, 2017a). In the case of Bisset v Wilkinson [1927] AC 177, the statement was made regarding the estimate that the land would carry two thousand sheep. Relying upon this statement, the land was purchased by the claimant and when this estimate turned wrong, an action for misrepresentation was brought to the court. The court held that this was not a statement of fact, but merely an opinion and so, the action for misrepresentation could not be upheld (E-Law Resources, 2017b). And as a case of fraudulent misrepresentation was found to be present in Car Universal Credit v Caldwell [1964] 2 WLR 600, Caldwell was allowed to rescind the contract (E-Law Resources, 2017c). Another crucial concept under the contract law is promissory estoppel. Promissory estoppel is a doctrine of estoppel, based on which, the individuals are estopped from going back on a promise made by them to another party, where the other party relied upon the promise which had been made. On the basis of this concept, an individual is stopped from making a u-turn on the promise which has not been supported by consideration (Blum, 2007). In order to show that a case of promissory estoppel is present, there is a need to show that there was a pre-existing contractual obligation which had been amended. This has to be coupled with the clarity in the unambiguous promise and a resulting change of position. Lastly, it has to be inequitable to permit the promisor to take back the promise which had been made (Helewitz, 2010). Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 or otherwise known as the High Trees case is the one where this concept was born as an obiter statement. In this case, the trust had given a block of flats on rent to High Trees for a sum of 2,500 as ground rent. Owing to the war time, the flats remained vacant and a decision was reached between the parties to reduce the rent by 50%. When the war got over, the trust asked for management of the full rent. This was allowed by the court (Atkins, 2015). However, Denning J did not stop here and stated in his obiter statement that in case the trust had applied for the full rent for the period from which it was reduced, instead of the full rent from the period when the war got over, the trust would have failed in their action. This was due to the reliance made by High Trees on the changed promise and the doctrine of promissory estoppel (Mitchell and Mitchell, 2008). Application In the given case study, Ringo approached Elena to see if she would be interested in getting his prime location store. In order to get her to lease the store, he stated that a range of brands had signed the long term lease and this included different high end fashion shops and even a cinema. On hearing this and the fact that Ringo would do the fitout for her, she decided to enter into a 5 year-lease at $3000 for each week. However, she later discovered that the claims made by Ringo were all false and that in reality no leases had been signed with big brand and that the cinema construction was delayed by a year. Based on these facts, she can make a claim of misrepresentation against Ringo. For this, the case of Smith v Land and House Property Corp proves helpful. Ringo was in a position to know that the cinema construction was delayed and that the leases with big brands had not been done. So, based on this case, Ringo would be guilty of misrepresentation. Also, when the facts of this case are compared to the case of Bisset v Wilkinson, it becomes clear that unlike the latter case, the statement here was of fact and not opinion. And so, on the basis of Car Universal Credit v Caldwell, Elena would be able to get the lease rescinded owing to the misrepresentation of Ringo. Ringo on hearing that Elena was considering the termination of lease claimed the reduced rent. However, he would not be successful owing to the principle of promissory estoppel. A promise had been made here to change the preexisting obligation. There was clarity to decrease the rent by $1,000 and this would result in changed position of both Ringo and Elena. Also, if Ringo is allowed to go back on the promise, it would be inequitable for Elena as Ringo was already giving lease at half the rates to new businesses. Applying the obiter statement given in Central London Property Trust Ltd v High Trees House Ltd, Ringo would not be allowed to go back on his promise. Hence, it can be concluded that owing to the misrepresentation of Ringo, Elena will be successful in getting the lease terminated and the applicability of promissory estoppel would stop Ringo from claiming the reduced rent as rent in arrears. 2.In order to form a contract, a promise has to be made between two or more parties, where one side pays consideration and other party does something based on the promise which has been made (Clarke and Clarke, 2016). For creating a contract, there have to be certain essential elements for creating a contract. These include offer, acceptance, denoting the agreement, followed by intent, consideration, legality, capacity and lastly, genuine consent (Ayres and Klass, 2012). Genuine consent is a major condition for forming a contract, which denotes that the parties have entered into the contract with their free will and in a free manner. Different factors can affect the presence of genuine consent in a contract and these include duress, mistake, undue influence, misrepresentation, and unconscionability (Turner, 2014). Unconscionability can be shown when a party is at a special disadvantage while the other party is dealt with, due to different reasons like impaired facilities, inexperience, ignorance, illness, financial needs or the other situations and it can affect the ability of looking after the interest of the second person (McKendrick and Liu, 2015). For establishing this, it has to be shown that dominating party had the knowledge regarding the weaker partys disability, and was also having the knowledge regarding the presence of an opportunity, through which an advantage can be taken for creating a contract with the weaker party by the dominating party. So, through this concept, the dominating party can take unfair advantage of the weaker party. When unconscionability can be shown to the satisfaction of the court, the aggrieved party can get the contract rescinded (Emanuel, 2006). Commercial Bank of Australia v Amadio (1983) 151 CLR 447; [1983] HCA 14 is one of the cases where unconscionability was established. In this case, the business debt of the son of an elderly Italian migrant couple was guaranteed by the couple to the Commercial Bank (Swarb, 2017). When the mortgage was being executed, the bank manager had the knowledge of the precarious financial position of the son and was also aware that Amadios could not speak proper English. Yet they were not informed about this and the bank even did not explain the entire situation to them nor did they suggest the Amadios to get an independent advice. Owing to these reasons, the court upheld that there was unconscionability in the conduct of the Commercial Bank (Australian Contract Law, 2013). A contract can be discharged in different manners, one of which is the termination of contract. When one of the parties under the contract, fails to perform their side of obligation under the contract, the aggrieved party, which is the non-breaching party, can make a claim against the breaching party for a breach of contract. And in such cases, the remedies can be applied by the aggrieved party, which are in the form of equitable remedies and the monetary remedies (Andrews, 2015). Application In the given case study, the elements of unconscionability in the conduct of George can easily be seen. George full well knew that Albert had poor English and that he did not have the correct knowledge of which plan was best for him. This is very clear from statement made by Albert to George that he should be told the best suited plan and that he wanted only something which was cheap and small. The position of George was such that he dominated in the relationship which was between him and Albert. Even then, George suggested him the plan which was the most expensive one, stating that this was the cheapest plan. Based on the case of Commercial Bank of Australia v Amadio, the taking of advantage on part of George, of the weaker position of Albert shows the unconscionability of George. Owing to these reasons, the contract can be rescinded by George; and in such a case, Albert would not be required to pay anything to George. In this case, when Albert refuses to undertake his part of the obligation a claim can be made against him by George for the breach of contract as Albert refuses to pay his part of promise, i.e., the consideration amount. However, in such case, Albert can highlight the lack of quality in the work which has been done by George. Even after he promised to undertake quality work, he did not discharge his side of the promise in the promised manner. And owing to these reasons, the claim of George would fail. Hence, Albert would not to be required to pay the promised sum to George. The remedies which can be applied by Albert would include the amount which he had to get the work properly done by another party. This can be claimed in addition to the amount which he had to pay to the consultancy firm. And lastly, even the cost of renting the apartment can be claimed by Albert. So, he would get a sum of $75,000 for fixing the slab, a sum of $75,000 for consultancy firm, and a sum of $360,000 ($300 per week for 12 weeks), which would mean a total sum of $510,000 can be claimed by Albert as the remedies for the unconscionability in the conduct of George. Further, he can also claim that he amount claimed by George, to the sum of $250,000 is not required to be paid to Albert due to the unconscionability in the conduct of George and the work being done at subpar quality. Hence, on the basis of discussion which has been carried above, it is clear that there was unconscionability in the conduct of George. Due to these reasons, Albert is under the obligation to pay the promised sum to George and can also get the contract rescinded, apart from claiming damages for the breach of contract in maintaining quality work on part of George, which would be a sum of $510,000. 3.In Australia, there are different forms of business structure in which the business can be run and operated. This includes sole trader, partnership, trust and company. Making the choice of business structure is a crucial decision as each structure comes with its own characteristics and restrictions (Gibson and Fraser, 2014). In a partnership form of business structure, there is an association or a group of people who come together for a common purpose of running the business of the firm and where the profits are distributed between them in an equal manner. In Australia, each jurisdiction has its own Partnership Act, which is applicable on the partnerships of that region. So, for instance, in New South Wales, the Partnership Act 1892 is applicable and in Victoria, the Partnership Act 1958 is applicable (Department of Industry, Innovation and Science, 2017). The setting up and operating of partnership is quite inexpensive in comparison to the other business structures. In a partnership, the income and losses are shared, along with the control of the business. It is not obligatory to draw up a partnership deed for the partnership to exist; though, it helps in removing any ambiguities which can be raised in the future. The partnership deed contains the details on the manner of distribution of profits and los ses and also the manner of control over the business. Under partnership, the partners are not deemed as the employees; however, workers can be employed in it (Australian Taxation Office, 2017a). There are various strengths and weaknesses in a partnership form of business structure. The strengths include: More skill set in comparison to a sole proprietorship due to two heads being better in comparison to a single one; The startup costs are low and the business is easy to establish; Availability of higher capital in comparison to sole proprietorship; Availability of higher borrowing capacity; Employees with high caliber can be made partners; The income and losses can be spilt, which results in tax savings, which is not possible in sole proprietorship; The business affairs of the partners are private; There is also a limit on the external regulations; The legal structure of the firm can also be changed in desired circumstances (Tasmanian Government, 2017a). However, all is not good in partnership form of business, and there are quite a few weaknesses in this business form. These have been summarized below: The biggest drawback of partnership is unlimited liability of all the partners. This means that in case of any loss, the partners are severally and jointly liable for the debts of the partnership. And in order to pay the debts of the company, the personal property of the company can be used to discharge these debts. There can be cases where there is friction or disagreement between the management and the partner; The partners are deemed as agents of the partnership and for their actions, all the other partners are liable; In case a partner decides to leave or join, the partnership has to be revalued, which proves to be a costly affair (Tasmanian Government, 2017a). Moving on to the other famous form of business structure, company, it is leading choice of business structure in the nation. A company has the status of a separate legal entity, which means that is different from the people who run it. The setting up company is a costly affair and also has a number of reporting requirements, which are not present in the other forms of business structures. The Corporations Act, 2001 (Cth) is applicable on all the companies formed in the nation and are governed by the ASIC, i.e., Australian Securities and Investments Commission (Cassidy, 2006). The directors of the company run the company, which is owned by the shareholders. Broadly, there are two types of companies in the nation, i.e., the proprietary limited company and the public companies. The proprietary limited companies are not allowed to raise money from the general public; though it can still issue shares and the public companies, do not have such restriction (Australian Taxation Office, 2017b ). The company form of business also has different strengths and weaknesses. The strengths of the company include: The shareholders have a limited liability; The ownership can be easily transferred by selling the shares of the company to another party; The shareholders can also be employed by the company; The companies can freely trade in the nation; The rates of taxation are quite favorable; A wider skill and capital base can be accessed in this structure (Tasmanian Government, 2017b). As is with any other business structure form, the companies also have certain weaknesses, which have been summarized below: The maintenance, establishment and even the winding up of the company is a very costly affair; There are a range of compliances which have to be followed and which complicates the entire process specially for such individuals who work in sole proprietorship form; The financial affairs of the company are a public matter; The directors of the company can also be made liable in personal capacity, where they fail in keeping their lawful obligations; The profit which is distributed amongst the shareholders is taxed (Tasmanian Government, 2017b). A trust is also amongst the business structures which can be adopted in the nation. In this, a trustee is given the responsibility for the operation of trust. However, this business structure is not often selected by the individuals owing to its complexities (Australian Taxation Office, 2017c). In the facts of the case study, it is clear for Harry that he wants to raise capital for his business and also wants to retain control over the businesss direction, along with keeping the right employees. Based on these requirements, a partnership form of business structure is best suited for Harry as he can raise capital by adding partners, hire the right employees and by stating in the partnership deed that he has the absolute control over the direction of the business, can retain the control. This would not be possible in a company business structure, as the company runs for the shareholders of the company and the control is with directors, which includes executive and independent directors. So, even though higher capital can be raised in company business form, the control over the direction of the business would have to be shared. Further, even a proprietary company would not suit him as he does not have close family members, through whom he can raise the required capital. On the basis of this discussion, it can be concluded that harry should opt for a partnership form of business. References Andrews, N. (2015) Contract Law. 2nd ed. UK: Cambridge University Press Atkins, S. (2015) Equity and Trusts. 2nd ed. Oxon: Routledge. Australian Contract Law. (2013) Commercial Bank of Australia v Amadio. [Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/cases/amadio.html [Accessed on: 08/08/17] Australian Taxation Office. (2017a) Partnership. [Online] Australian Government. Available from: https://www.ato.gov.au/Business/Starting-your-own-business/Before-you-get-started/Choosing-your-business-structure/Partnership/ [Accessed on: 08/08/17] Australian Taxation Office. (2017b) Company. [Online] Australian Government. Available from: https://www.ato.gov.au/Business/Starting-your-own-business/Before-you-get-started/Choosing-your-business-structure/Company/ [Accessed on: 08/08/17] Australian Taxation Office. (2017c) Trust. [Online] Australian Government. Available from: https://www.ato.gov.au/Business/Starting-your-own-business/Before-you-get-started/Choosing-your-business-structure/Trust/ [Accessed on: 08/08/17] Ayres, I., and Klass, G. (2012) Studies in Contract Law. 8th ed. New York: Foundation Press Blum, B.A. (2007) Contracts: Examples Explanations. 4th ed. New York: Aspen Publishers. Cassidy, J. (2006) Concise Corporations Law. 5th ed. NSW: The Federation Press. Clarke, P., and Clarke, J (2016) Contract Law: Commentaries, Cases and Perspectives. 3rd ed. South Melbourne: Oxford University Press. Department of Industry, Innovation and Science. (2017) Partnership. [Online] Australian Government. Available from: https://www.business.gov.au/Info/Plan-and-Start/Start-your-business/Business-structure/Business-structures-and-types/Partnership [Accessed on: 08/08/17] E-Law Resources. (2017a) Smith v Land and House Property Corp (1884) 28 Ch D 7. [Online] E-Law Resources. Available from: https://www.e-lawresources.co.uk/Smith-v-Land-and-House-Property-Corp.php [Accessed on: 08/08/17] E-Law Resources. (2017b) Bisset v Wilkinson [1927] AC 177 Privy Council. [Online] E-Law Resources. Available from: https://www.e-lawresources.co.uk/Bisset-v-Wilkinson.php [Accessed on: 08/08/17] E-Law Resources. (2017c) Car Universal Credit v Caldwell [1964] 2 WLR 600. [Online] E-Law Resources. Available from: https://www.e-lawresources.co.uk/Car--and--Universal-Credit-v-Caldwell.php [Accessed on: 08/08/17] Emanuel, S. (2006) Contracts. 8th ed. New York: Aspen Publishers. Gibson, A., and Fraser, D. (2014)Business Law 2014. 8th ed. Melbourne: Pearson Education Australia. Helewitz, J.A. (2010) Basic Contract Law for Paralegals. 6th ed. New York: Aspen Publishers. McKendrick, W., and Liu, Q. (2015) Contract Law: Australian Edition. London: Palgrave Macmillan. Mitchell, C., and Mitchell, P. (2008) Landmark Cases in the Law of Contract. Portland: Hart Publishing. Mulcahy, L. (2008) Contract Law in Perspective. 5th ed. Oxon: Routledge. Swarb. (2017) Commercial Bank of Australia Ltd v Amadio: 1983. [Online] Swarb. Available from: https://swarb.co.uk/commercial-bank-of-australia-ltd-v-amadio-1983/ [Accessed on: 08/08/17] Tasmanian Government. (2017a) Partnership advantages and disadvantages. [Online] Tasmanian Government. Available from: https://www.business.tas.gov.au/starting-a-business/choosing-a-business-structure-intro/partnership-advantages-and-disadvantages [Accessed on: 08/08/17] Tasmanian Government. (2017b) Company advantages and disadvantages. [Online] Tasmanian Government. Available from: https://www.business.tas.gov.au/starting-a-business/choosing-a-business-structure-intro/proprietary-company-advantages-and-disadvantages [Accessed on: 08/08/17] Turner, C. (2014) Unlocking Contract Law. 4th ed. Oxon: Routledge.

Social Construction of a Serial Killer Essay Example

Social Construction of a Serial Killer Essay Final Essay: Social Construction of a Serial Killer By: Kristin D. Cole Professor A. Major Deviance and Violence The social construction of a serial killer can consist of many different behaviors, thoughts, and actions that play out over time. A serial killer in my opinion is one who acts out on his or her impulses. Impulses that are usually made up of fantasies that the individual cannot separate from reality. Most serial killers come from abusive homes and experience traumatic events throughout their lives. I believe that due to these events and abuse serial killers can detach their self emotionally from not only their victims but from what society deems normal. â€Å"A large number of serial killings are motivated by sexual urges, and with female serial killers, a large number of the killings are motivated by financial gain† (Hickey 1997, p. 27). There are many different theories and thoughts they may help to explain serial killers and there murders more in depth. For instance the social structure theory, a theory that focuses on individual’s socioeconomic standing. This theory explains that poor people commit crimes to try to further their financial gain along with their economic standing. I think that this theory explains a lot of criminal acts that occur. I do not think that this theory pertains to every serial killer since it has been shown that most serial killers are not motivated by financial gain. I do however think that it explains quite a bit about our female serial killers. Since a large majority of female serial killers are motivated by financial gain this theory falls right in place. We will write a custom essay sample on Social Construction of a Serial Killer specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Social Construction of a Serial Killer specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Social Construction of a Serial Killer specifically for you FOR ONLY $16.38 $13.9/page Hire Writer One female serial killer that comes to mind is the â€Å"Black Widow† or Lydia True blood. Lydia was from Pocatello, Idaho and at the age of nineteen met and married land owner Robert C. Dooley. The couple shortly after being married welcomed a baby girl named Lorraine. Everything seemed well until the death of baby Lorraine, soon after her death Lydia’s brother in law who was living with them died as well. Then in October 1915 Robert suddenly died as well from what was believed to be Typhoid. Two years after the death of her baby girl, brother-in-law, and husband Lydia married again. Within a year and a half her then husband William McHaffle died from what was thought to be complications of influenza. Being the quick mover that she is, Lydia at the age of 25, married again. Harlan C. Lewis, husband number three died four months into the marriage from what was suspected to be complications of gastro-enteritis. Next, would come Edward C. Meyer a ranch foreman from Pocatello, Idaho. Unfortunately, for him he would only survive with her for one month. Thankfully after four dead husbands someone finally took notice and tested the body where they found traces of arsenic. After they discovered that Edward was poisoned the rest of the bodies were exhumed and tested as well. All came back with the same answer, poison, even the body of her dead baby girl. Authorities went to arrest Lydia but she was long gone, living in Hawaii with her fifth husband Paul Vincent. Lydia was taken into custody and found guilty of all of the murders. She was sentenced to 10 years to life in prison. All of her killings seemed to be motivated by financial gain. Lydia took out life insurance policies on each and every one of her victims. With each husband her social status increased and so did her finances. This was a case where a girl that came from nothing used murder as a tool to get where she wanted to be. Even though the social structure theory does not cover all serial killers there are the exceptions. (Hickey) Another theory that is looked upon to explain serial killers is the social class theory. The social class theory is the thought that most serial killers fall into two classes the upper working class and the lower working class. Leyton, the author of â€Å"Hunting Humans,† then states â€Å"that the killer starts to feel excluded from the class that he or she so desperately wants to join†. p. 23) Leyton also points out that â€Å"the killer’s perceived social status becomes a catalyst for murder†. The killers that fall into this theory want to feel power and control. This is why in most serial murders the victim is a female and the killer a male. Male serial killers will victimize women because they appear more powerless then other males. (Caputi 1989) I am sure that there are sexual motivations behind male serial killers choosing women as victims to. The social class theory is a theory that I feel describes most serial killers. Even if the cause is not being cast out or excluded from a group, the result is still the same. With most serial killers not all, they seem to prey on the weak. This is why a large amount of victims of serial killings are children, females, even homosexual men. The killer would not receive the same gratification from the killing if he did not feel empowered. I believe with victims such as these they probably begged for their lives or gave in to the killers demands quite quickly. This would give the killer the motivation, gratification, and fulfillment that he or she was searching for. The social process theory is another theory that states that criminal behavior is a function of the socialization process. The theory states that anyone regardless of race or socioeconomic status can partake in criminal activity. This theory explains aggressive criminal behavior through one’s past or childhood. Albert Bandura’s book â€Å"Aggression† (1973) provides a lot of information that covers the social process theory. In earlier studies done by Bandura he noticed that boys that were especially aggressive had feelings of rejection from their fathers. What I gather from this theory is that children who experience violence and abuse within their home are more likely to grow u and act in the capacity. I strongly believe that children are a product of their environment. Even though I know of no father/son team serial killers, the fact that issues have always been handled in one’s life through violence it only makes sense that they would continue that trend into adulthood. The neutralization theory is one the Matza and Sykes (1957) view as the process of delinquent youths becoming criminals as a matter of neutralizing heir personal values and attitudes as they drift between conventional behavior and illegitimate behavior. This theory states that illegal behavior or killing is almost a learned behavior that a killer can drift in and out of. Under this theory a serial killer will justify his killings as though he did a favor to society. An example would be a serial killer who only kills prostitutes. The killer would look at the p rostitutes as a drain on society and criminals who spread disease and have no respect for their selves. This is how the killer would justify his actions and he or she would truly believe that no harm had been done. Dehumanization is another process that serial killers use and falls within this theory. Dehumanization is the process of ridding another of the benefit of his humanity. The process in my understanding is the ability for one to separate a human from life. For instance Henry Lucas who admitted to multiple murders never wanted to know his victims names. If he was told the victim’s name by the victim he would quickly try to forget it. By the victim having a name he could not separate her life from her. It is almost like by her giving her name she had an identity and he would then not be able to commit the murder. This process seems to be a little deeper than the rest to me and has to take a very different mindset to understand. The social control theory is one that I truly agree with. The social control theory states that the fear of punishment is not enough to deter a criminal from committing crimes or for a murderer to not commit murders. Briar and Piliavin (1965) believe that the only true deterrents for any criminal act are society, family, and education. I think that religion might act as a deterrent as well, but that’s me. Reckless (1967) has argued that â€Å"youth can become isolated or insulated from criminal influences through what he terms â€Å"containments,† including a positive self-image; ego strength; high frustration tolerance; goal orientation; a sense of belongingness; consistent moral front; reinforcement of norms, goals, and values; effective supervision; discipline; and a meaningful social role†. Hirschi in 1969 added four different elements to the social control theory. The four elements are attachment, commitment, involvement, and belief. People who have attachments to different organizations such as school or church are less likely to partake in criminal activity. People who have commitments such as marriage or careers are also less likely to partake in criminal activity. The same runs true with involvement and belief. If someone was involved in different positive activities the less likely they would be to commit a crime. Like I said before religion or belief I would think would be enough to make a person think twice before committing a criminal act or better yet never think about it at all. The labeling theory, the last of many theories that, we have gone over. The labeling theory is the theory that once someone has been in a prison or mental institution they will always carry that label with them. Before they could come out and start over there would be many hurdles that they would have to overcome due to a prior mistake. Lemert (1951) and Schur (1972) viewed negative labels such as â€Å"ex-convict and mental patient† and noted that these labels could be psychological damning. Since these labels can be so hard for many to overcome they will just revert back to their olds criminal ways. Many of them mad at society and feeling unaccepted will look for ways to even the score. Sometimes unfortunately this will lead to murder or worse serial murder. All of these theories that we have explored can relate to one or more serial killers. Hirschi who seems to be coming up with new information and insights into the mind of serial killer just might provide new and innovative information. For right now no matter what serial killer falls under what theory I believe the only way to truly understand the mind of serial killer is to be one. Unfortunately for the many theorists that have study this subject that is an option that is just not available. On the other hand it seems to me that each one of these theories has opened a new door inside the life and mind of a serial killer. I think there will be many more advancements to come and hopefully one day we will truly understand and know what to look for before it occurs. References: 1) Eric W. Hickey (2009) Serial Murderers and Their Victims Published By: Cengage Learning 2) P. Jenkins (1994) Using Murder: The Social Construction of Serial Homicide Published By: New York: Aldine de Gruyter 3) Hickey, Eric (1997) Serial Murderers and Their Victims, 2nd edition. Belmont, CA: Published By: Wadsworth Read more: Serial Killers world, body, life, history, rate, time, person, Characteristics of Serial Murder, Characteristics of the Serial Killer http://www. deathreference. com/Py-Se/Serial-Killers. html#ixzz0d8Thiofd 4) Levin, Jack, and James A. Fox. Serial Murder. In Deadlines: Essays in Murder and Mayhem. Boston: Allyn and Bacon, 2001. 1)