Friday, June 7, 2019

Amusement Parks Essay Example for Free

Amusement Parks EssayAt Six Flags on Friday July 19, 2013 a woman was riding the Texas Giant rollercoaster when she fell out of her restraints. Carmen Brown, a witness, says that the woman had asked the staff to check her restraints shortly before the ride was starting. The human being that she had asked asked the woman if she heard the restraints click, the woman responded saying it didnt sound like everyone elses. The gentleman then, nonchalantly, told her that as long as it clicked it was okay. Nothing else was ever done to ensure the womans restraints were secure. Some witnesses have reported that as the rollercoaster was making a turn the woman was thrown out. The name of the victim and any further information has not been released. It is suspected that the woman was with her son. When the train had returned from the ride, it was reported that two community were shouting, one was screaming My mom My mom. The rollercoaster staff parked the train far enough away from the pl atform so no one was allowed explicate off of the train. www.dallasnews.comDue to the traumatic experience and people fearing the safety of the rides at Six Flags, the company will probably lose a good fortune of money because people will not want or continue going to their park. This accident has caused an unexpected economic change in not barely Six Flags but in all other amusement parks as well. Society will now have this negative view on amusement parks which means, for a little while at least, they will not want to go to the parks. This will cause the parks income to decline which after part be very bad for the company, especially for Six Flags, who declared bankruptcy in 2009.When society loses trust in something they will usually pull patronage their economic support, leaving companies with fewer customers. It is important that companies and organizations remember that they have to keep the customer happy and safe. If not they will no long-range have any customers. The majority of the people that witnessed the tragic event of the woman falling to her death due to a mechanical issue will probably no longer return to the park and they will likely have a large influence on their friends and family to not trust the park as well.

Thursday, June 6, 2019

Organisational structure Essay Example for Free

Organisational organise EssayVarious body structures Practical Illustration organizational structure It refers to a formal system of tasks and reporting relationships that coordinates and motivates employees to work unitedly to achieve the organizational goals. Formal system of task and reporting relationships showing how workers use resources. It Involves the following structures 1) Functional Structure It refers to the organizational structure composed of all the departments that an organization requires to produce Its goods or services. tOf3 2) Dlvlslonal structuresIt refers to the organizational structure composed of a series of business units to produce a specific kind of product for a specific kind of customer. It is used by most large corporations. It involves 3 main types a) Product Structure, where divisions are created according to the type of product and service. b) Geographic Structure, where divisions are based on the area of a country or world served. c) Marke t Structure, where divisions are based on the types of customers served. 3) Matrix Structure It refers to the organizational structure that groups people by function and product teams simultaneously. It results in complex relationships.The structure is very flexible. Each employee has two bosses (functional manager and product manager) 4) Product Team Structure It refers to the organizational structure where members are permanently assigned to a team empowered to bring a product to market. It involves no two-way (dual) reporting. It involves forming cross-functional teams composed of a group of managers from different departments working together to perform organizational tasks. Existing AFC Organizational Structure It is very clear that Abu Qir Fertilizers Company extremely represents applying the unctional very impregnate highly centralized extensively rigid structure.

Wednesday, June 5, 2019

Issues in Social Work and Mental Health Quality Issues

Issues in Social Work and Mental thoroughlyness fictional character IssuesAn Analysis of a Range of Issues in Quality Frame effects, Processes and Methods of step in Mental Health Work and Social Work PracticeIntroductionIn equating the various range of issues with respect to quality mannikins, processes as headspring as methods of amount in mental health work and cordial work practice it is important to understand the toy withing of these terms as well as their respective applications in the United Kingdom, which represents the subject focus for the aforementi iodined. Mental health is defined as (Houghton Mifflin, 2006) A state of emotional and psychological well-being whereby individuals are able to utilize their respective cognitive and emotional capabilities to function as members of society as well as to meet the r appearine demands which are a process of daily reinforcementIn the context of mental health run it relates to A branch of medicine that deals with achievement and veneration (Houghton Mifflin, 2006) of the psychological well-being of individuals. The International Fed achieveriontion of Social Workers (Bouldertherapist.com, 2006) defines kindly work as a profession that promotes companionable change, problem solving in kind race relationships as well as giving individuals the empowerment and liberation to enhance their well-being. The profession, as maintained by the International Federation of Social Workers utilizes theories of human behavior and social bodys in a context whereby the profession intervenes and interacts with individuals at the areas where they interact with their environments and whereby the principles of both human rights as well as social judge are underpinnings in the field of social work (Bouldertherapist.com, 2006). These two fields make up a denominator in common, which is that they exist to serve people and help them to improve, as well as cope with their aliments and to ultimately re turn to a healthful state.The process of serving individuals in this capacity represents some of the most ch eitherenging professions in that the analysis of utileness, quality, processes and the methodologies utilized in measuring the aforementioned with respect to the varied issues arising from the active practice can be subjective in most instances. This tryout shall look at the mental health and social work professions from the context of a range of issues representing quality mannikins, processes and methods of measurement to determine the hop on made in providing bump service and quality to patients and carers.Total Quality ManagementDeming (Aquayo, 1991, pp. 138, 248), Crosby (1980, pp. 212-223) and Juran (1992, pp. 171) are all proponents of Total Quality Management which is a strategy dedicated to create into an organization the awareness of thinking in terms of embedding quality in all phases of an organizations processes. The International Organization for standard isation (2006) defines Total Quality Management as being a circumspection come on centered on quality which is based upon the bankrupticipation of all its members that aims at semipermanent advantage (Wikipedia, 2006) achieving the foregoing through customer and or client satisfaction that generates benefits to all members (Wikipedia, 2006). The preceding includes the organization itself as well as society. In equating quality, the uncouth context in which one thinks of this cry is in products, rather than work such a those products which are made with a minimum of problems, of good materials and which work properly and achieve this through consistent operation. However, quality as an end result is an organizational mind set, and as referred to in the International Organization for Standardization (2006) definition as a process that aims at long-term success achieving the foregoing through customer and or client satisfaction that generates benefits to all members (Wikipedia, 2006).Deming (Aquayo, 1991, pp. 6-10) is an American consultant who exposes the importance of implementing a quality oriented organization that permeates every facet of an organizations structure and culture, regardless of department or function. Deming (Aquayo, 1991, pp. 8) states that organizations moldiness(prenominal) produce products and services that help people to live better and that the preceding is the raison detre (Aquayo, 1991, pp. 8) of the organization. His philosophy is that through the toleration of quality products and services, which is a function of centering inculcating its staff in quality and innovation measures, the end product and or service improves as does its relationship with its customers and or clients. Crosby (1980, p. 1-5) indicates that mistakes or poor organizational habits and or policies are greetly in terms of corrections and the damage to reputation and morale and that all members of an organization have the responsibility to perform their jobs which enhances the performance of separate functions so becoming a synergistic effect. Crosby (1980, p. 4-8), as does Deming (Aquayo, 1991, pp. 6-10) and Juran (1992, pp. 171) all emphasize the importance of quality in increasing an organizations ability to issue services that meet and exceed client expectations through the effect that quality orientation has on internal interpersonal relationships and openness to ideas.The heart of the work direct philosophies held by Deming (Aquayo, 1991, pp. 138, 248), Crosby (1980, pp. 212-223) and Juran (1992, pp. 171) is the contri justion of quality to the equation of improved services and innovation in h octadening organizational standards. The term quality can thus mean in this context (Wikipedia, 2006)the excellence and or achievement of an object or service, meaning that it is not inferior or sub-standard,a meaning of excellence in its own rightQuality is a term in this context that is synonymous with good, which re presents the criteria utilized as the standard being applied. Deming (Aquayo, 1991, pp. 138, 248), Crosby (1980, pp. 212-223) and Juran (1992, pp. 171) equate this word in the following mannerDeming (Deming, 1988) states that improved quality helps to contract operating costs through less error and correction measures. He indicates that to attain the preceding a consistency of purpose sine qua nons to be inculcated throughout the organization with an overall plan that is maintained. Deming (Deming, 1988) stresses the need for improved consistency on an ongoing derriere and to reverse the barriers amidst various departments to increase and improve communication, feedback and intra-company working processes. Demings (Deming, 1988) thirteen point program stresses that it is management that leads and sets the example as well as supports ongoing quality through active participation that involves everyone within the organization as well as suggestions and contributions from working p artners and clients.Juran (1992, pp. 154-198) states that quality application in organizations is defined by crafting them to be utilized in context with the organizations purpose to improve performance.Crosby (1980, pp. 189-216) also trumpets the application of quality throughout the organization as a management down function that must be maintained, taught as well as communicated to bring the staff not only on board, but committed to the adoption of quality and improvements as an organizational sort of thinking.Moullin (2002, pp. 2-7) advises us that quality in health and social care fits within these fields as it is important topatients as well as service users,staff, andthe application of quality can aid in the reduction of costs as well as provide better service in the context of budgetary and cost constraints.It is interesting to note that Moullins (2002, pp. 2-7) points are the same as those emphasized by Deming (Aquayo, 1991, pp. 138, 248), Crosby (1980, pp. 212-223) and Ju ran (1992, pp. 171) in the world ample context of total quality management, and that the application in the health and social care fields is the same as for manufacturing, banking, or any other industrial field. Moullin (2002, pp. 2-7) points out that quality in the health and social care fields is important in that not only do patients as well as service users benefit in that their differing requirements are met in a better, more comprehensive and complete fashion, the benefit of quality also affects both these groups each time they come into contact with the organization(s) and thus their individual confidence levels rise with the expectation that they will receive good service and be well treated. Moullin (2002, pp. 5) advises that patients in need of health and social services are usually stressed, worried, vulnerable as well as frightened with respect to the outcome of their need(s) and that long waits on the telephone, in lines, for responses, little or insufficient inform ation, poor facilities and insensitivity exacerbate the preceding. He (Moullin, 2002, pp. 6-8) indicates that quality in these fields, health and social care, is important in thatThe staff benefits as the vast majority elected for a career in these fields out of a desire to help others, rather than for monetary gains and that poorly create staffing functions contribute to frustrations for employees trim their morale as well as effectiveness.Moullin (2002, p. 6) adds that quality is important in the reduction of costs as he advises that the correlation between resources and quality represents a strong relationship. And while the amount and number of staffing is important, quality can be improved irrespective through the application of new mod techniques, technology, work flow readiness, scheduling and other means. Moullin (2002, p 6) indicates that reduction in costs sometimes means increasing services and or staffing in one area whereby the work load flow will thus lessen the im pacts on another thus either balancing out or reducing costs through flow adjustment.While it is difficult to place an exact date or year on when quality became an active force in the health and social care sectors, the concern over spiral health care costs, inefficiencies and deteriorating services began to surface in the late 1970s and early 1980s in the United States, as well as a result of the increasing costs burdening the governments in Europes socialized medicine schemes (Bennett et al, 1999). The era of unlimited access and treatment as the foundation of quality oriented services in the health and social care fields began to give way to the spiraling costs of advancements in diagnostic techniques and therapeutic modalities, with the rising costs of health and social care exceeding the rise in the costs of living in the United States as well as Europe and the expenditures for socialized medicine threatened the economies of many nations in Europe (Lighter, 1999, p. 265). In a ddition to the foregoing, the ripening of the worlds population as better medical care has change magnitude life spans, and this combined with the fertility transition has increased the proportion of of age(p) adults and has contributed to the concern for quality in health and social care (Demeny et al, 2003). Health care spending in most OECD (Organisation for Economic Co-operation and Development) countries, such as (OECD, 2006)AustraliaAustriaBelgiumCanada Czechoslovakian republicDenmarkFinlandFranceGermanyGreeceHungaryIcelandIrelandItalyJapanKoreaLuxembourgMexicoNetherlandsNew ZealandNorwayPolandPortugalSlovak RepublicSpainSwedenSwitzerlandTurkeyUnited KingdomUnited States,amounts to in excess of eight percent (8%) of their Gross domestic help Product (GDP), with health related spending in the United States projected at fourteen percent (14%) (World Trade Organization, 1998). The publics concerns over increased costs for health and social care services prompted the privatiza tion wave on the mid 1980s in the expectation that the measure would increase efficiency as well as reduce costs, but those expectations from this initiative have been elusive (Bach, 1989). The preceding created a climate whereby governments in Europe under socialized medicine, as well as the private health care structure and governmental social care system in the United States began to look for measures to control and reduce costs while increasing quality.In 1998 the department of Health in the United Kingdom issued a discolour topic titled Modernising Social go (Department of Health, 1998) which represented the United Kingdom governmental response to public opinion as well as mounting social care costs to realize quality frameworks into the system. The White Paper set forth a framework at the national level that called for (Department of Health, 1998)the establishment of clear objectives for social servicesthat created a clear expectation of outcomes which social services would be required to deliver. (Department of Health, 1998),the publication of a study Priorities Guidance (Department of Health, 1998) that set up key targets that social services would achieve in the intermediate term, andputting into place effective systems (Department of Health, 1998) via which to monitor as well as to manage performance.The Department of Healths White Paper in 1998 clearly set forth that the government of the United Kingdom was putting into place new resources to support (Department of Health, 1998) the create mentally, and in return for these added resources, pegged at 1.3 billion over 1999/2000 2001/2002, and the United Kingdom government made it clear that it expected to see improvements in quality and efficiency (Department of Health, 1998). The Best Value framework represented another name for Total Quality Management in the context of health and social services care in the United Kingdom. down the stairs the Best Value framework indicated under this White Paper, the government set forth that (Department of Health, 1998)Local authorities were mandated to establish authority wide objectives for performance measures (Department of Health, 1998) in consort with the national objectives as well as government set standards and or targets.Local authorities were also provided with the responsibility to conduct and carry out fundamental performance reviews (Department of Health, 1998) concerning all their services in a five year framework utilizing these reviews for assessment and the establishment of local anaesthetic performance plans (Department of Health, 1998).That the local planning process will be underpinned and supported via data obtained from a new statistical performance assessment framework (Department of Health, 1998). Local Performance Plans will be utilized to identify the targets for improvement analysed against performance indicators on a local level and . The National Best Value Performance Indicators (De partment of Health, 1998).Annual reviews of the aforementioned local performance plans will be conducted by the Department of Health utilizing Social care Regional Offices to assess progress and identify problem areas (Department of Health, 1998).The White Paper put into place an independent inspection system utilizing data from the performance assessment framework (Department of Health, 1998).And lastly, the Modernisation programme set forth a system of Joint Reviews reducing the time table to five years from seven (Department of Health, 1998).The new programme set forth a performance assessment framework that specified performance areas defined by (Department of Health, 1998)cost and efficiency,effectiveness of service delivery and outcomes,quality of services for users and carers, andfair access.Analytical Methods of Quality Measurement and Standardsbalance scorecards represent a top-down hierarchical set of management tools that link long-term financial goals with performance ta rgets (Kaplan et al, 1996, pp. 75-84). The United Kingdoms National Health Service utilizes what is termed a Star Rating system which is an example of the balanced scorecard (British Library, 2002). Kaplan et al (2001) advise that this methodological analysis, specifically designed for the public as well as voluntary sectors has a link between performance measures and strategy, and thus the method should represent one of benefit in these regards. The caveat is that thither are varied difficulties arising from its use by organizations as the financial perspective measurement is not the defining factors of organizational purpose in the public sector (Dickson et al, 2001, pp. 1057-1066). Kaplan et al (2001, pp. 135) agree with the foregoing and add that in utilizing the balanced scorecard governmental agencies should consider the utilization of an overarching objective at the head of their respective scorecards which is reflective of the long-term objectives (Kaplan et al, 2001, pp. 13 5). The difference in the utilization of the balanced scorecard in a not for profit and governmental agency mode as opposed to disdain is the way stakeholders are considered. In a business atmosphere stakeholders are involved as it represents the best means to conduct business, however in a not for profit and governmental agency sense, these organizations usually exist for the benefit of the users of the service as well as other stakeholders thus changing the stress whereby stakeholder contribution is more fundamental (Moullin, 2002, p. 167). Moullin (2002) adds that user involvement takes place at two levels, one represents helping to develop the service to meet their needs and the minute entails the involvement of users and carers in the decisions concerning their health as well as the care given and received.Benchmarking, as a term, has numerous definitions, however at its core it represents a process of sharing information, learning and adopting best practices (PSBS, 2006). The European Benchmarking Code of Conduct states that it is a process of making comparisons against other organizations and thus learning from the lessons these comparisons reveal (The European Benchmarking Code of Conduct, 1998). In the context of social care, benchmarking entails the understanding or and utilization of knowledge gained across a range of services and compilations to utilize in formulating standards of measurement as a guide to rating and understanding the performance of services in individual local authorities. The weakness of benchmarking is that it can not stand as a total measurement without revision and modification as newer and more effective techniques and methods prove themselves. Thus as a standard in a state of flux, benchmarking represents a system that is based upon existing methodologies, that are changing, being modified and or amended. Thus benchmarking represents a useful, yet temporary methodology whereby the practitioners must be mindful that exist ing standards are subject to change, which in conjunction with other measurement methodologies has contributed to astir(p) quality and performance in the health and social care sectors.Quality ApproachThe utilization of balanced scorecards, and benchmarking fall under the concept of Total Quality Management which is termed Best Value under the Department of Healths Modernization Programme and is illustrated by an example provided by Gillian Crosby (2004, pp. 7-8), the Director of the Centre for Policy on Ageing. She indicates that the problem in the social services arena, is wrongly based in concentrating on the solving of their problems as well as users of services rather than as their being active contributors to society. Crosby (2004, pp. 7-8) indicates that the NHS views social care as well as societys older individuals as a problem which in what Crosby (2004, pp. 7-8) terms a very narrow approach thus creating a focus on delivering intensive services which thus excludes ol der people and their careers. She further states that in the aspect of quality as it relates to social services the systems of initiatives, pilots, and projects that have been created and put into place to visit, evaluate, monitor and investigate service ontogeny and provisions have been in place for years. Crosby (2004, pp. 7-8) maintains that the problem is the sustaining and maintaining these areas and building them into effective provisions through utilizing these collective findings and synthesizing that information. Crosby (2004, pp. 7-8) indicates that this void causes good ideas to stagnate rather than permitting them to be explored and utilized where warranted and she cites that quality thus suffers as a result of extra and what she terms as pilot fatigue , indicating that the system needs to implement as well as create and find more innovative shipway in which to service elder citizens in a manner whereby these initiatives are developed and maintained. Crosby (20 04, pp. 7-8) that there are numerous examples of individual cases whereby instances of good practice have been demonstrated through partnerships that have improved service provisions for elder citizens, citing the London senior(a) Peoples Service Development Programme as an example. The preceding utilized a collaborative model that promoted optimized care and independence and grew into a tool implemented by the National Service Framework for Older People in London with the hallmark being its single assessment process (Crosby, 2004, p. 8).The foregoing example is an instance whereby the practice of Best Value and allied tools need improvement to respond to the specialized needs of a segment of social care services, but this example does not indicate that system wide the measurement has not produced results. The system has shown mixed progress as reported by the BBC (2005) as the quality of care has improved since the adoption of the Modernization Programme, but as the BBC (2005) r eports, there are still worrying gaps with regard to service as reported by inspectors. The BBC (2005) report indicated that terzetto quarters of the council departments received ratings in the top two categories as opposed to slightly over two thirds in 2004. Thus progress has been made as a result, yet there is still sufficient room for further improvement.The NHS Mental Health sectors foundation for improvement in its quality of services was set forth under the National Service Framework in 1999 which established a blueprint for care throughout the United Kingdom (Department of Health, 1998). The initiatives established for a modern NHS resound with the word quality as its foundation (Appleby, 2000, pp. 177-291). The process filters down into every job description utilizing the word quality agenda (Appleby, 2000, pp. 177-291) which is composed of six elementstreating patients as well as service users with the dignity they deserve,the creation of the proper environments via which patients can recover and utilizing their views to accomplish how services should be developed,recognition of the skills of families in the roles of carers,linking service activities to needs so acutely ill individuals receive urgent care access through a comprehensive range of services,making the best as well as most effective treatments available, andemphasize patient safetyThe success of the system is contained in the regional rating system which measures the number of Local Implementation Plans in red, amber and green (Appleby, 2000, pp. 177-291). The National Service Frameworks set measurable goals as follows (Department of Health, 2006)the setting of national standards and the identification of key interventions with respect to defined service and or care groups,placement of strategies that support implementation,establishment of means via which to ensure progress in defined time frames,introduction of the new NHS and A First disunite service that re-emphasized the posi tion of NSFs as the key drivers in the deliverance of the modernized agenda.The success of the NSF is assessed by what are termed interface indicators which are a part of the performance assessment frameworks which has seen demonstrated improvement throughout the system as a result of the Department of Health Modernization Programme and as contained in the Mental health NSF Performance Report of July 2005 rated all ongoing programs as meeting the prescribed targets of achievement (Mental health NSF, 2005). In 2005 26 councils received the three star top rating, which represented an increase of six councils over the prior year (BBC, 2005). The total results indicated (BBC, 2005)83 councils received two starts as opposed to 78 in the year 2004,31 received one star, which represented a decrease from 36 the year before,3 received zero stars, which decreased from eight in 2004.The foregoing indicates that the Modernization Programme has demonstrated progress and as a result of the varied programmes and measurement systems there is in place a means to equate progress.Clinical Governance is a term and process which grew from the commercial arena under standards for financial management for companies in the private sector (Palmer, 2002, pp. 470-476). In the framework of the NHS it represents a methodology and framework whereby organizations are accountable for the continuous improvement in the quality of their services as well as high standards of care through the creation of a climate and environment whereby excellence with regard to clinical care grows (Department of Health, 1998, p. 33). Since the implementation of the Department of Healths modernization programme NHS community and acute trusts have been charged with the creation of established structures as well as processes for clinical governance which is monitored by the CHI. It represents a comprehensive approach comprised of four areas (Palmer, 2002, pp. 470-476)definitive and clear lines of responsibility fo r overall clinical care quality,programme of quality improvement regarding activities that includes a clinical audit,development and utilization of clear policies that manage risks,procedural methodologies for all groups to identify as well as correct poor performance areasThe heart of the system is the clinical audit which places accountability on the managers and utilizes performance management as the process of delivering the objectives throughout organizations to filter down to each individual and job description thus providing management with clear roles and set priorities. The programme has been rated as successful in terms of it providing a clear set of measurement data to grass and compare progress through point in time comparisons under its clinical audit segment which represents a new system that did not exist (Palmer, 2002, pp. 470-476). As such it has aided in the achievement of measurable improvements in the field of patient care, making such an established routine.The Commission for Social Care recapitulation utilizes a framework of fifty performance indicators that when assessed as a whole provide an overview of the manner in which local councils are serving the needs of their residents concerning social care service delivery (East Sussex County Council, 2006). Inspections are carried out a minimum of once in a three year period and can be conducted at any time and is comprised of three types of inspections (Commission for Social Care Inspection, 2006)Key InspectionsThese are comprehensive and through inspections that are unannounced and are conducted at least once for all adult social care services during a year period. It represents on sire as well as documentation reviews and inspections of all areas of service categories without any prior notice.Random InspectionsThis type represents targeted specific issue inspections conducted in addition to key inspections in the follow up of complaints and or progress from an earlier inspection calling for specific areas of concern.Thematic InspectionsThese inspections represent follow up to regional and or national issues concerning medication, nutrition or similar areas and are also in addition to key and random inspections which can be conducted at any time.The preceding inspections provide the formulation for ratings and represent a gauge on progress, standards and adherence to established policies. The performance indicators represent fifty differ areas ranging from (National Statistics, 2005)Childrens Plsplacement stabilityemployment, education and care leavers educationunit cost of residential careunit cost of foster carechildren reviewscore assessmentslong term stabilitychildren in needAdult Plsemergency admissions medicine treatment program participationunit costs of residential and nursing careadults at homeservices for carersclient reviewscarer assessmentswaiting timesThe methodology has been successful in terms of providing a measuring device via which the CSCI can as sess progress and improvements as well as backward movements in services. The audit commissions role promotes the utilization of performance data to fuel improvements in services provided to the public (Audit Commission, 2006). The Audit Commission works with varied governmental departments, agencies and local authorities to define a broad array of performance indicators applicable to their circumstances. As a department the Audit Commissions success is represented by the performance indicators it assists in the development of for the aforementioned and is a success as these varied programs have improved the ability of these agencies, departments and local councils in assessment of the services under their charge.ConclusionThe NHS Modernization framework has been devised to oversee and create improvement in the worlds largest government public sector health and social care programme which stands in excess of 9 billion and is responsible for delivering a huge variety of services to e very inlet of the United Kingdom (Department of Health, 2006). Serving individuals in these sectors represents a demanding subjective function whereby the standards of quality and service delivery are defined by consistently improving services and new methodologies which change the standards as innovation introduces newer and improved techniques. Total Quality Management represents a technique that under the NHS Best value programme and Modernization plan of 1999 offers a means via which the system can monitor itself as well as agencies and local authorities with the foregoing fluctuating basis and improve its quality of service delivery in keeping with changes and improvements in care.The preceding is important as a result of the lessons learned in spiraling health and social care costs that surfaced in the late 19

Tuesday, June 4, 2019

Total quality management has not changed but evolved

Total quality oversight has not transposed but evolvedTQM is not a new ch anyenge for ST since this approach has been adopt since the early 1990s. This pattern remained the primary concern for ST and since then it has not changed but evolved. It has always been a means to fall upon Excellence for the entire governing body.TQM is about PEOPLE. It has commence the practical way of working at ST an integrated part of the day-today managerial process, a better way of organizing and doing ones job.At ST, employees have to share the same determine of the organisation.People do not come to work with their hands and minds only they also come with their hearts and emotions. Therefore, to obtain a totally efficient approach, it is infixed that e verybody in the presidency knows and fully adheres to these principles. Georges Auguste Corporate Vice President TQEMIn their journal A meta-analysis of the effect of TQM on combative advantage the authors Eman El Shenawy, Tim bread maker and David J. Lemak quoted that Culture is the values, beliefs, and norms that guide behaviour in organizations (Reed et al., 2000, p. 15). Culture is also necessary for providing employee dominance that guides employees to focus on quality and inspect their own mistakes (Ahire et al., 1996).ST has specifically create and deployed Training Programs by dint of ST University, at all sites. Empowerment must be based on properly trained employees. Knowledge sharing gives people the honest knowledge, helping them making the right decision.What is Total theatrical role Management? a powerful blend of philosophy and tools to achieve ExcellenceTQM has been developed over the age in many different contexts and implemented by many companies worldwide. It has evolved. Several countries have promoted this aspect through national quality awards. Studies highlight a very substantial fact. Organisations which have adopted TQM do perform better than those that have not adopted it.TQM has be en defined as the management of the total organization to achieve excellence. It is about management and people, not just about quality. Everyone in an organization is involved in the final product or service to the customer.The evolving path of TQM towards stage business excellence and stakeholder value Cristina Mele and Maria Colurcio define TQM as a systemic and global approach based on management by process and sustained improvement of business performances by all human resources in order to satisfy explicit or implicit expectations of customers and other stakeholders (Shiba et al., 1993 Dean and Bowen, 1994 Grant et al., 1994). all over the years, TQM has evolved in sustaining Business Excellence through a framework of beat out practices. Excellence is the never-ending quest for perfection going beyond the traditional concept of quality. It is a dynamic and round-the-clock improvement process involving all activity in the organization. This is highlighted by Cristina Me le and Maria Colurcio where they have stated that TQM lead organisations to understand the rivalrous issues and to continuously change the way in which business is managed according to market changes.El Shenawy, Baker and Lemak have also confirmed this aspect. Research on TQM has for the most part proven its value to those firms who take its capital punishment seriously (Hendricks and Singhal, 2001 Lemak et al., 2002).Reed et al. (1996) argue that achieving competitive advantage comes from finding a fit between the proper dodge content and the firms external environment. Reed et al. (2000) defined TQM as a business strategy with regard to process, identifying leadership/top management commitment, employees training and education, teams, and close as the critical processes. These key processes give the firm a sustained competitive advantage over competitors. STs Guiding Principles node happiness is the key to competitive success. This stub be achieved by listening to customers, by striving to anticipate and fulfil their pick ups and expectations. Every employee within an organisation must do his/her best to let world-class Service, Quality, Time to Market and Value.Business integrity is about conducting business with the highest ethical standards, honouring commitments, delivering promises, being loyal and fair, and standing up for what is right.When dealing with People, management has to adapt itself in such a way that it give enhance openness, trust, simplicity and humility. Everyones contribution has to be encouraged and achievements have to be recognized.Gatchalian (1997), affirmed that the competence of an organisation to satisfy the customers lies within its intimate customers. Every employee within an organisation shall give his or her contribution and takes his or her responsibilities. A world-class network of sharing best practices allow for ensure that individual successes nooky be duplicated elsewhere in the smart set. TQM will integrat e active participation in best-practice sharing in the management evaluation system and introduce awards and non financial incentives to promote the process. entropy Excellence can be achieved through a continuous challenge for the better. In all aspects of the activities that are carried out, one must strive for excellence, quality, competency and efficiency in being flexible. Innovation and creativity have to be encouraged in each aspect of work activities.Business Excellence is the finis of every modern organization and can be defined as the next step after(prenominal) TQM, for the success of enterprise on the competitive path (Vora, 2002 McAdam et al., 1998).Innovation is what an organization the push from TQM level to business excellence level. It all lies in innovation as it creates value and customer enjoyment. This allows organisations to gain sustainable competitive advantage (Stampacchia et al., 2002. Kanji (1998).Most organisations have affirmed that the strategy of quality is evolving towards a strategy of innovation. Quality has beget a basis condition, What has bring about essential is customer value and satisfaction through innovation.The orientation is towards an innovative perspective is most conjugated to the principle of continuous improvement and of customers satisfaction the base to achieve business excellence.Business excellence represents the present evolving state of the approach for total quality (Kanji, 1998).It refers to or so superiority achieved by the organisation towards the market where it operates. It is the achievement of a position of excellence in relation to superior results obtained over competitors on behalf of customers.Excellence has many different aspects linked to TQMorientation to customer and to resultsleadership and coherence with objectivesmanagement in terms of processes and factsdevelopment of partnership run acrossing, continuous improvement and innovationpublic responsibility For Siemens the fundamen tal activities in the different operative units of the enterprise in the world are based on the principle of excellence in everything we start aimed to the customers satisfaction and then on concepts of continuous improvement. The following list shows Siemens commitment and mission to business excellence (1) The firm commitment to business excellence we will focus on our customer . . . to anticipate and exceed their needs we will continuously improve . . . our process, products and function toward world class benchmarks and we will involve every tier . . . in achieving excellence in all we do, and in growing toward their full potential. (2) The firms mission we will achieve leadership in business excellence by creating a culture that values all employees, encourages and rewards high performance and continuous improvement, and fosters teamwork and organizational development through the involvement, development and empowerment of employees providing quality products and services that exceed the expectations of customers by pro- actively adapting to an ever changing marketplace and maintaining a close and strategic partnership with firm worldwide organization and gaining synergy crosswise firm business unit. The key aspects for business excellence on which firms focus their attention focus on customer and on market focus on pith competences develop knowledge and capabilities use of conventional and revolutionary tools and methodologies continuous improvement recognize potentiality and exploit it develop breakthrough systems and develop value innovations. Total quality is about changing the mental models of management in order to enhance an organisations capability to determine its own future revolutionising managements way of thinking. This change requires more than a one tine shift in thinking it means a continuous rethinking of the way managers think (Kim, 1990, p. 5).focus on the firm core competencieson key competitive driverson the use and developmen t of conventional and revolutionary tools and techniqueson breakthrough systemson knowledge managementProfitability through these activities is the main source of the funds that are needed by the organisation to prosper and grow. Profits are necessary to provide security and future opportunities, It allows the company to meet its other social and business responsibilities.Management Guidelines and Principles STST promotes three groups of guidelines or principles that have been developed over the years. These have become an integral part of STs culture The Five TQM PrinciplesManagement commitmentPeople empowermentFact based-decision makingContinuous improvementCustomer focusThe Four TQM ImperativesNever compromise QualityInstitutionalize preventionPractice continuous improvementDevelop cross-fertilizationManagement EmphasisSpeed Eliminate delays in all our processes, especially decision-making. way Prioritize, and concentrate on the vital few.Balance Avoid over-dependence on a narro w range of skills, products, customers, and managers.Consistency Make sure that our practices are persistent with our values.TQM GuideSince TQM has been implemented by ST, these five TQM principles have been the most important guidelines. Being of equal importance, these can be applied to any aspect of the activities carried out. Customer satisfaction is the number one priority achieved through continuous improvement and fact based decision-making, involving and empowering people, with the managements support and commitment. Management commitment For TQM to be successful on that point has to be a prerequisite management commitment, active involvement, leadership and ownership. Management must first understand TQM and be convinced. Their belief and commitment will be reflected through their daily practices.Leadership and top management commitment is the most effective factor. TQM is a change strategy that requires transformational leadership skills (Reed et al., 2000).Top manageme nt has a vital role to provide value and satisfaction for customers. Management must provide the necessary resources to accomplish goals and commit to continuous improvement. This is done through implementation of teams, providing training for them, as well as individuals, communicating the values of the organization culture, and providing resources for improvements in process efficiencies (Reed et al., 2000 Wilson and Collier, 2000).Top management is responsible for quality commitment and to set up resources in order to achieve quality objectives (Zairi and Youssef, 1995a b Deming, 1986 Schoenberger, 1994 Scarnati and Scarnati, 2002).Leadership in the context of TQM is not about power, authority and control, it is more about empowerment, recognition, coaching and evolution others (Zairi and Youssef, 1995b, p. 38).The role of top management is to guide and direct the organisation to adopt and implement TQM. Top management takes the early decision to adopt any managerial innovation s. However, institutional factors have more effect on the long run (Young et al. (2001). Customer focus A primary pre-requisite of TQM is definitely Customer focus, dealing with both(prenominal) internal and external customers. Exceeding customers expectations at the lower possible cost and not quality is the ultimate goal. In order to satisfy the customer, either internal or external, one must understand their expectations through dialog avoiding creating unrealistic expectations. It is always better to under-promise and over-perform.Like customer focus, supplier partnership also applies to both internal and external suppliers. As a customer, the needs of an organisation must be satisfied. One way to achieve this goal is by working closely with the supplier. Achieving a good supplier partnership requires a proactive effort. To be a good customer, one must help the suppliers become better suppliers.In all investigated enterprises quality is a synonym for customer satisfaction (Edos omwan, 1993 Shiba et al., 1993). Organisations modify their ways to work on the basis of the need to create customer satisfaction and trust strategies (Webster, 1994 Lagrosen, 2001).Nevertheless, there are some very important aspects within customer orientation that one must keep in mind The need to create value not only for the customer, but with customer The need to learn about the customer, not only from them much inter-functional relationships to share knowledge and More focus on knowledge and capabilities needed to improve customer value. People Empowerment Having all employees contributing the maximum of their discretionary capability is the ultimate goal of employee empowerment. People are motivated when They understand what is expected from them Goals and measurements are consistent They are given the skills and tools to do the job They are recognized for their contributions They know the stumble through positive communication They perform with discipline.Empowerment is co nsidered as a powerful motivator as well as a management prison term-saver it gives a sense of personal satisfaction and fulfilment. Continuous improvement the purpose of all our activities, the never-ending journey to excellence Continuous improvement is not only important with ameliorate results, but more importantly it must deal with improving capabilities to produce better results. Prevention Continuous improvement is much associated with problem prevention. This can be achieved through root cause analysis by either removing or preventing root causes. Errors are best eliminated through prevention which also helps improving cycle time.Errors can be categorised as either doing things wrong (resulting in rework or defects), or doing wrong things (unnecessary or non-value added activities). All of these will damage Quality through defects, Service through rework and cycle time, and Cost through adding cost without adding value. Cross-fertilization and Knowledge Sharing Learning hurrying than your competitor may be the only sustainable competitive advantage. Peter Drucker The competitive advantage of individuals, companies and even nations is becoming more dependent on the ability to apply knowledge and to leverage it in a continuous manner. Learning quickly and responding immediately to changing conditions will give a competitive advantage over other organisationsNo company can successfully practice TQM without becoming a learning organisation.Nowadays, training and knowledge sharing has become even more fundamental for organizations to build their human capital. Employees have to be provided with new techniques and practices necessary to implement TQM successfully. This is also necessary for teaching all the TQM aspects as it requires permanent change in individual behaviours and attitudes (Reed et al., 2000).Roth et al. (1999, p. 950) affirmed the essence of continuous improvement is an ongoing process of knowledge creation with the purpose of over time continually learning and improving, in the sense that the company should be able to learn by experience and thereby produce better products in a more sufficient way.TQM is essential for the learning processes both at an individual and organizational level. It recognises and emphasises knowledge value and the importance of human resources. A learning organization is characterised by the continuous evolution towards positions of excellence. The enterprise believes that the achievement of the enterprises goals is closely dependent on the employee, in details on their knowledge, on their competencies, on their attitude towards change, on their motivation and their potential. The consciousness of the value of employees becomes an attentive human resources and learning processes management, and skills and capabilities increment. The firms develop several initiatives to foster individual and organizational learning, however, in the following list, we identify some points for improvement(1 ) Actions learning on job use of new technologies (like internet) to foster individual and team learning skill planning human resource empowerment to plan the improvement of the employees knowledge and skills quality improvement teams self-assessment and to strengthen organizational memory.(2) Points to be improved wider use of innovative methodologies versus traditional methods of learning deeper evaluation of what individuals learn (ex-post) higher focus on individual capabilities higher focus on organization and on organizational knowledge and competences and right mix between learning on the job and out of the job.

Monday, June 3, 2019

Introduction to Statutory Interpretation

Introduction to Statutory InterpretationStatutory Interpretation abbreviationThe means of interpreting the Acts of Parliament by judges is c in alled statutory interpretation. gross Law Is a law formulated by judges with the aid of conclusions of a apostrophize to follow the aid of a legislative process by the exe thin outive branch. The well-grounded system of a common law states that, it is a heart to handle likewise facts or matters distinctively on a distinctive occasions.Literal Rule Is a command that is frequently utilized by Orthodox judge. Hence, the Literal Rule is an obligational project given to the court to give a typographical error meaning to a statutes ir single of the outcome of being radiosensitive or non. flamboyant Rule Also known as the British rule is applied when a genuine rule develop a ascendant that is different from the fan tan connotation. It is used when literal rule turns out to absurdity. prejudice Rule Is the process of discovering the meanin g of what parliament meant by a certain statutes instrument panel of Contents. Introduction of statutory interpretation. P.4Extrinsic aids to statutory interpretations P.4Interpretation acts P. 5 customary law P.5 The three basic rules in statutory interpretationsP. 6Literal rule P. 6Advantages of literal rule. P.6Disadvantages of literal rule. P. 6Malaysian cases victimisation the literal rule. P.7English cases using the literal rule p. 8 The deluxe rule.. p. 9Advantages of the golden rule. P. 9Disadvantages of the golden rule. P.9Malaysian cases using the golden rule.. p. 9English cases using the golden rule.. p 10 The deviltry rule.. p 12Advantages of the detriment rule p 12Disadvantages of the mischief rule .. p. 12Malaysian cases using the mischief rule. P 13English cases using the mischief rule.. p 14Conclusions .. p 15References p 16Appendices p. 17Introduction of Statutory Interpretation.A Statutory Interpretation is best described as the capability of a court or Judge s to yield the Acts of Parliament. It is a means of giving an explanation to the meaning of a piece of legislation. In other words, the means of utilizing statutory laws where by Judges tried to discover the drive of parliament putting laws in action is likewise known as Statutory Interpretation.A statute cleverness be clearly revealed in wrong of meaning but they are mostly made up of ambiguities and vague words which are expected to be settled by the judges. fit to Lord Hailsham, a senior English Judge, probably 9 out of 10 cases heard by the Court of greet and the House of Lords turn upon or involve the meaning of words contained in statute or secondarylegislation. This means that m whatever cases go to appeal at a point of interpretation.Also, cases go to appeal at a point of interpretation because, laws are NOT drafted in general terms. Laws are supposed to be drafted in general terms and should be conducted with some(prenominal) present and future situations.Extrinsic Aids to Statutory InterpretationExtrinsic aids are utile information datas which are not part of a statutes but are helpful to Judges in other to create to a greater extent understanding on the statute. They are materials which make a statute more visible for interpretation.Parliamentary debates are on one of the types of extrinsic material used. thither is a government team with deuce people. The first one would be the political party introducing the Act of parliament and the second would be the oppositions team also with two members. It is the governments job uphold or supports the topic of the debates or also called the motion. The government team will talk about a problem and has a specific proposal for a change concerning that problems for seven minutes. It is a difficult task for opposition teams to play devils advocate so to speak the opposition the team tries to find imperfection in the governments arguments for eight minutes. Then the government team responds to the oppos itions arguments move to make firm their own position for eight minutes. The opposition teams moves in the same manner for eight minutes. The opposition reach a conclusion with a rebuttal speech. Conclusively, the government will then with their own rebuttal speech. Furthermore, Notes of the legislation Both the parliament and legislative Assemblies have the power to enact laws according to their respective centers. A law that is established or introduced by a state Assembly will only affect the state. A law which is enacted by the parliament can be extended to the whole nation.Also, an organization which aim on the systematic development, review, and reform laws acted in a specific jurisdiction is known as a Law Reform Commission.Conclusively, a document which is printed or issued at a time with a bill is known as an explanatory memorandum. The primary(prenominal) objective of that document is to give meaning to the aims and operations of the statutes in the statutory interpretat ion. Interpretation ActInterpretation Act state that, in any Act, without the purpose appearing to be opposite, expressions selected to be in Schedule 1 of an Act most be understand in accordance with that Schedule.Common LawCommon Law or Case Law is a law originated or formulated by judges with the aid of conclusions of a court and likewise tribunals, as fought to a statutes which follow the aid of a legislative process published by the executive branch. Common law help to draw matters into conclusion where two or more groups disagree with a certain law by looking forward into past case laws that are applicable.The Three Basic Rules in Statutory Interpretation.The three basic rules enforced for statutory interpretation by judges in England, areThe literal ruleThe Golden rule andThe injury rule.The Literal RuleThe literal rule is made up of some(prenominal) the mediocre and the plain meaning rules. A literal rule is a rule that is frequently utilized by orthodox Judges. Orthodox Judges are the Judges whom think or believe that their constitutional role is limited to carry out a law enacted by the parliament. Hence, the Literal Rule is an obligational project given to the court to give a literal meaning to a statutes disregarding of the outcome of being sensitive or not.Advantages of Literal Rule.The characteristics of the literal rule is that law must be equally certain and knowable.The rule demands that citizens are to be notified earlier about the legal effects behind a statutes.The selected Parliament should be the one to enact a new law as nearly as to secure the will of the elected legislators.Disadvantages of Literal Rule.During language interpretation, statutes which were having clear meaning can have more than one meaning.Words or phrases in a statutes are reasonably open to different meaning. Example, 1200 might either be AM or PM.No matter how absurd the factor of a statutes or an Act may be, one must come after with it.Malaysia case using L iteral RuleHOYA HOLDING SDN. BHD. V. CHIA THIN HING ANORHIGH cost MALAYA, TAIPINGDATO HJ. ABDUL MALIK B. HJ. ISHAK J.ContractSale and purchase agreement of a dwelling apartment. Conditions of agreement Connections of Electricity and water yield to the apartment. Delivery of vacant possession of house to the purchaser.In this case there was a dispute with regards to clause 20 of the deal and purchase agreements dated 1st August 1919Clause 20 of the standard sale and purchase agreement reads as follows20(1). This building should be completed by the vendor along with connections of water and electricity supply together with the vacant possessions, all must be handed over to the purchaser within two years interval regard the date of this written agreement.Furthermore, if the vendor happens not to comply with this agreement as said, with the necessary requirements. He must pay immediately to the purchaser liquidated damages day after day with an interest rate of 10% annually of the p urchased amount.Judgment.Dato Hj. Abdul Malik b. Hj. Ishak JAn urgent request which opposed the opinion of the learned Magistrate Court, Taiping Perak where by the appellant were commanded to pay RM1, 431.51 together with 8% annual interest from whitethorn 26, 1993 until a contentment period of the respondent.English (UK) case using Literal RuleFISHER v. BELLQUEENS BENCH DIVISION.Hearing date 10, Nov 1960.HeadnoteA man that own a shop displayed a knife by the window of his shop with a price ticket behind it. He was supercharged for sale of a flick knife, which is contrary to s. 1(1).Held According to the meaning of s.1(1) of the Act 1959, the shopkeeper was not guilty of what he was charged. This is because demonstrating a flick knife at the shop is an invitation to treat and not for sale.JUDGMENT BY-1 LORD PARKER, C.J.A chief inspector of police charged against a respondent that he unlawfully can for sale a knife which is, contrary to s.1 of the Restriction of Offensive Weapons A ct, 1959.Lord Parker C.J. anyone, who manufacture, sell, hire, lends or give to another person a knife that has blade which mechanically opens by the pressure applied to a button or springs shall be guilty.The Golden RuleThe golden rule which is also known as the British rule is applied when a literal rule develop a solution that is different from the parliament intension or that avoid the parliament intension instead. The golden rule is exceptional to the literal rule because it is used when literal rule turns out to absurdity in other to alter the grammatical and ordinary senses.Advantages of the Golden Rule.Golden rule honors parliament decision.It always permit Judges to select the most accurate meaning among many in a statutes.It supply sensible conclusions on cases which the literal rule cannot handle.Disadvantages of the Golden Rule.The rule has no guidelines that governs it.It is not widely known, hence it used on rare cases/occasionA Judge might found a statute in absurdity but it might not be for another Judge. Malaysia case using Golden RuleRe An Advocate 1964 MLJ 1FactsThe accused is a recommended advocate in the state of Sarawak who happened to go to Kuching for his normal activities. He took along with himself female garb in which he did make his advertisement. He used his own name and also his hotel room to help upgrade the company business. He could be in love out from the role of advocates if his conduct fell within the section 12(g) of the Advocate Ordinance or suspended. This is so because the section 12(g) of Advocate Ordinance of Sarawak says anyone who by any means suspended or ruled out from practicing the advocate role by any judge in respect of the law binding the section 12(g) of the Advocate Ordinance. English (UK) case using the Golden RuleCOURT OF APPEALS OF MISSISSIPPI.Karen Elissa Pearson Gray, Appellant v. Doyle Gene Pearson, Appellee.Karen Gray appeals a judgment on her former preserves petition to modify child support and her counter for contempt.Facts Benji and Michael Pearson were born into the family of Doyle Pearson by Karen Pearson during their marital union. Benji and Michael were twelve (12) and six (6) years of age respectively when the both parents divorced. The court dictated that Doyle should pay a child supports for his children and prescribed him to pay Benji college fees as well. He was ordered to pay $800 per month for the child supports. When Benji turned 21 during his college education, Doyle stopped to pay his college fees because he assumed Benji is no longer a child. He only continues with the child support fees and shortly three months after his twenty-first birthday, Doyle reduced the child support amount to $400 as advised by his attorney. In addition, he paid NO child support from February 2000 to June 2000.Karen then, counter-petitioned to so-called Doyle that he lack respect for his failure to pay child support in respect of his modification petition. Furthermore, Doyle fai ls to pay Benjis college fees and also fails to abide with the terms of the divorce agreement. According to the Chancellor, after trial, Doyle was not caused by law to pay $800 for the child support continuously forever. Hence the amount of the child support was cut down from $800 to $600 to be effective from the date of Benjis 21st birthday. The chancellor also said, Doyle was contempt to have reduced the child support amount from $800 $400.The Mischief RuleThe process of discovering the meaning of what parliament meant by a certain statutes is known as Mischief Rule. In other words, it is a nature or a related method of translating a statutes in order to discover the wrongs, mischief to which the stature endeavored to amend. In addition, it demands the adoption of interpretation that is made to correct the impuissance or defect of an Acts passed in law.Steps to Interpret a Statute in Mischief RuleConsider what the law was in front the Act was passed reveal what was wrong with th at law check how Parliament intended to im rotate the law through the statute in questionApply that finding to the case before the courtAdvantages of the Mischief Rule.Mischief encourage flexibility in the law It prevent absurdity and unfair outcome.It brought development to the society.Disadvantages of the Mischief Rule.It only allow Judges to re-write statutes that is supported by the parliament.It cannot be remedied else, the mischief if detected.It never preserve Parliament supremacy.Malaysia case using Mischief RuleLim Moh Joo v. P.P 1970 2 MLJ 113 Criminal AppealDecide date- 116th May, 1970 Wan Suleiman J.Catch WordsCriminal Law and Procedure Medical report of alleged assault. Medical reports were presented before the court without parent and on the absent of the laboratory specialist who conducted the test. In addition, the defendant were to be given a copy of the medical report for not less than 10 days before the trial day in respect to the Criminal Procedure Code (Cap6) , ss 380 and 399.Headnote The complainant produced two medical evidence against the appellant without prove and without the consultant who conducted the medical report. The appellant do not have a copy of the medical certificate that he was accused of till the day of the trail.HeldAccording the law binding the Criminal Procedure Code (Cap. 6), a public prosecutor must deliver a copy of evidence or legal report to the accused not less than 10 clear days before the trial day. As long as such provision were not made, the reports or evidence are made not to be admitted. Hence the order binding the accused must be squashed. English (UK) case using Mischief RuleSMITH V HUGHESLegal Citationmetalworker v Hughes, (1871) LR 6 QB 597 (Queens Bench Division) FactsA complainant where to sell oats/ pabulum grains to a suspect with samples to show a try out. The suspect then examine the sample and rewrite to the complainant by accepting the oats at a cost of 34s per quarter. Thereafter, the suspe ct rejected the oats on reaching him with reason being that he were expecting old oats but the once he received were new. The suspect also complained about the cost price which is too high after reaching agreement with the complainant because he discovered that they were new oats, hence there came a fight in respect of their agreement because there is a bridge of contract.JudgmentOrder from the Queens Bench Division specified that both parties have communicated the nature of the oats before making transactions. In addition, they have agreed to the terms and conditions that governs the sales and purchase of the oats. The suspect thought they were old but the complainant knew they were new. Hence, the fault is from the suspect because of his inability to know the age of the oats he purchased.ConclusionConclusively, the term statutory interpretation is a method which judges use to translate the Acts of Parliament. In other words, the means in which judges utilize statutory laws is also known as statutory interpretation. A statute might be straightforward in terms of meaning but they are mostly made up vague words which are expected to be interpreted by the judges. Additionally, many cases go to appeal at the point of interpretation. There are three basic rules generally enforced for statutory interpretations such as Literal, Golden and Mischief Rules. ReferenceTranslegal.com, (2014). The rules of statutory interpretation (2).Home.loxfordlaw.co.uk, (2014). Notes on Statutory Interpretations A-Level Law Revision Exam Help by D.Hussain Publications.Scribd.com, (2014). LIM MOH JOO.Hba.org.my, (2014). HOYA HOLDING SDN. BHD. V. CHIA THIN HING ANOR.Casebrief.me, (2014). Smith v Hughes Case Brief Summary.Sixthformlaw.info, (2014). Fisher v Bell.Golden-rule-law.blogspot.com, (2014). The Golden Rule Advantages And Disadvantages Of The Golden Rule.AppendicesStatutory interpretation 2,4,15Extrinsic 4, 5Interpretation Acts 5Common law 2, 5Literal rule 2, 6, 15Advanta ges and Disadvantages of literal rule 6Malaysia cases using the literal rule 7, 8English cases using the literal rule 8Golden rule 2, 9, 15Advantages and Disadvantages of golden rule 9Malaysia cases using the golden rule 9, 10English cases using the golden rule 10, 11Mischief rule 2, 12, 15Advantages and Disadvantages of golden rule 12Malaysia cases using the mischief rule 13English cases using the mischief rule 13, 14

Sunday, June 2, 2019

Strychnine :: Botany

StrychnineStrychnine is a poisonous alkaloid, C21H22N2O2, obtained in colorless or white rhombic crystals. These bear a bitter taste and melt at around 290( C (4 p.1). Alkaloids are any class of naturally occurring organic nitrogen behaveing bases, usually containing nonpareil or more of these nitrogen atoms in a ring of atoms called a cyclic system. Alkaloids are primarily found in plants and are predominant in flowering plant species. The function of alkaloids in plants is thought to be simply a waste product of the plants metabolic processes, but current research whitethorn suggest a specific biological function. This is evident in some plants as the levels of alkaloid increase just prior to seed formation and then drops forward after the seed is ripe. This evidence suggests possible mechanisms of maturation and possible defense, against certain insect species (5 p.2). Strychnine, being an alkaloid, is slightly meltable in water, but is more soluble in alcohol and is released from its salts by alkalis. Many of the commercial alkaloids are found in the genus Strychnos. Strychnine was the first alkaloid to be identified in plants of the genus Strychnos, Family Loganiaceae. Strychnos, created by Linnaeus in 1753, is a genus of trees and climbing shrubs of the gentian order. From the standpoint of biological diversity, it is the most important genus of the Loganiaceae family (6 p.1). The genus contains 196 various species and is distributed throughout the warm regions of Asia (58 species), America (64) and Africa (75). The Strychnos alkaloids were originally classified based solely on their geographic origin. Asian Strychnos was thought to contain strychnine and the American Strychnos were thought to contain curarizing ammonium salts (6 p.2). Plants of the genus Strychnos stupefy opposite leaves and bear cymes of white or yellowish flowers that have a four-lobed or five-lobed calyx, a four-parted or five-parted corolla, five stamens, a solitary pistil and bears fruit in the form of a berry. The seeds and bark of many plants in this genus contain the powerful poison (4 p.2). Strychnine is obtained commercially from the seeds of the Saint-ignatiuss-bean and from the nux-vomica tree. Strychnine was first discovered by French chemist Joseph-Bienaime Caenoiu and Pierre-Joseph Pelletier in 1818 in the Saint-Ignatins-bean (S. ignatii)(1 p.2). Strychnos ignatii is a woody climbing shrub of the Philippines. It was introduced into cochin China and is highly esteemed there as a medicine. It got its name from the attention it attracted from the Jesuits.

Saturday, June 1, 2019

Corynebacterium Diphtheriae :: Medical Biology Medicinal Essays

Corynebacterium DiphtheriaeLife History Corynebacterium diphtheriae is the microbial causative agent of diphtheria however, it is the exotoxin produced by pathogenic strains of the bacterium that cause the symptoms of the disease. Non-pathogenic strains are normal inhabitants of the oral cavity and lack the bacteriophage DNA to produce exotoxin. Pathogenic C. diphtheriae can localize in different part of the body, including the nasal cavity, the naso-pharynx, the larynx, and the skin. Depending on the localization, the symptoms range from slight to severe (death). The bacteria are spread by direct person-to-person contact concurrently, humans are the reservoirs for C. diphtheriae. Since the gate of a vaccine in the 1920s, diphtheria has not been prevalent in developed countries. Conversely, it is endemic in developing countries, especially in the former countries of the USSR. Characteristics C. diphtheriae are non-motile, aerobic, Gram-positive bacilli (rods). Viewed with a micro scope, the bacteria are club-shaped and group in patterns that resemble Chinese characters. Little is known about the details of the adhesion mechanism of C. diphtheriae, but the bacteria are known to produce a neuraminidase. This enzyme is able to split N-acetylneuuraminic acid, which is found on the surface of animal cells. This may facilitate bacterial entry into the server cell. There are four biotypes of C. diphtheriae, gravis, mitis, belfanti, and intermedius. Only intermedius can be differentiated by colony morphology small, gray, or transluscent lipophilic colonies compared to larger, white or dim colonies of the other biotypes. In addition, the biotype intermedius is rare in clinical infections, while the belfanti biotype rarely carries the tox gene.Virulence C. diphtheriae are capable of producing exotoxin. The diphtheria toxin gene, tox, is located on a bacteriophage genome thus, bacteriophage infection is necessary for virulence. tox is negatively regulated by diphther ia toxin repressor (DxtR), located on the bacterial chromosome, in response to agitate concentration within the cell. When iron concentration is low, DxtR does not repress the tox gene because it requires iron to be functional. Thus, when iron concentration is low, the tox gene is transcribed and toxin is produced. Diphtheria toxin is made up of a single polypeptide image with two portions, A and B. The toxin attaches to a cell membrane receptor of the host cell and is engulfed by receptor-mediated endocytosis. Once inside the vesicle, the disulfide bond between the A and B portion is cleaved and the A portion enters the cytosol, where is can resist degradation for a long period of time.