Absolutism and Peter the Great Analysis Essays

Absolutism and Peter the Great Analysis Essays Absolutism and Peter the Great Analysis Essay Absolutism and Peter the Great Analysis Essay Absolutism and Peter the Great Analysis paragraph Peter the Great made a great effort to change Russia and he conquered his ideas and what he wanted to do with his nation. He strengthened the military, created a navy, and stopped the isolation of Russia. Since Peter was born in the medieval world he was captivated by the modern clothes and army; he was really interested in ships and navy. He built a ship just to communicate with the west (Europe) to exchange technology, ideas and other goods, he wanted to westernize Russia; he felt it necessary to do so because he thought that if Russia didnt modernize it would be left behind and would get run over by his European neighbors. When he went to europe he learned nautical science, how to build a gun, dentistry, astronomy, surgery, making paper, printing, and rendering. He also went all the way to England to build the strongest navy, after 16 months of absence from his homeland there were revolts in Moscow. When he returned to Moscow he changed the way the nobles dressed, and he wanted everyone including the women to educate themselves and be more European. He took Russia out of the dark ages. He also brought news paper, astronomy, new capital, new navy, new museums, new title (emperor) and hospitals. Peter the Great was a great Tsar for Russia; he brought a lot of goods to his nation and that helped to modernize Russia and also to have contact with other parts of the world.

Free Essays on Frederick Douglas

Narrative of the life of Frederick Douglass, an American Slave Aristotle conceived of three appeals for existence: ethos, pathos and logos, all of which are prevalent in all forms of writing, entertainment, speech, and generally life itself. Fredrick Douglass used all three appeals in writing his narrative as part of his rhetorical strategy to enlighten the public of both his life and his cause more than one hundred years ago. He specifically uses ethos, or persona, in three ways: to identify himself to the reader, to provide to the credibility of his statement and to evoke a need for change through his writing style. Fredrick Douglass grows from a slave boy to a freed man throughout Narrative of the Life of Fredrick Douglass, an American Slave and he uses this transition and identity to provide an outlet to which the reader can identify. Douglass first produces this with the absence of dates. Slaves were kept â€Å"ignorant† as to the facts of the real world, sometimes not even knowing the year of their birth, preventing the knowledge of a captive’s true age. A birthday is something with which people can identify, as they are a celebrated part of our culture, especially to youth. Douglass here identifies himself as a human being almost lacking what we may consider a normal childhood simply through the use of dates. These are very important to our culture, counting down the days until your birthday, until Christmas. We identify ourselves by the dates which surround the events of our lives. Part of our identity is formed from dates and this was a privilege he was denied. He is, howeve r, eventually provided a window of opportunity in many to not only learn dates, but gain a general feel for knowledge as well. When the open door of learning that his mistress provided was permanently closed, he says, "it was a new and special revelation, explaining dark and mysterious things, with which my youthful understanding had struggled, but ... Free Essays on Frederick Douglas Free Essays on Frederick Douglas Narrative of the life of Frederick Douglass, an American Slave Aristotle conceived of three appeals for existence: ethos, pathos and logos, all of which are prevalent in all forms of writing, entertainment, speech, and generally life itself. Fredrick Douglass used all three appeals in writing his narrative as part of his rhetorical strategy to enlighten the public of both his life and his cause more than one hundred years ago. He specifically uses ethos, or persona, in three ways: to identify himself to the reader, to provide to the credibility of his statement and to evoke a need for change through his writing style. Fredrick Douglass grows from a slave boy to a freed man throughout Narrative of the Life of Fredrick Douglass, an American Slave and he uses this transition and identity to provide an outlet to which the reader can identify. Douglass first produces this with the absence of dates. Slaves were kept â€Å"ignorant† as to the facts of the real world, sometimes not even knowing the year of their birth, preventing the knowledge of a captive’s true age. A birthday is something with which people can identify, as they are a celebrated part of our culture, especially to youth. Douglass here identifies himself as a human being almost lacking what we may consider a normal childhood simply through the use of dates. These are very important to our culture, counting down the days until your birthday, until Christmas. We identify ourselves by the dates which surround the events of our lives. Part of our identity is formed from dates and this was a privilege he was denied. He is, howeve r, eventually provided a window of opportunity in many to not only learn dates, but gain a general feel for knowledge as well. When the open door of learning that his mistress provided was permanently closed, he says, "it was a new and special revelation, explaining dark and mysterious things, with which my youthful understanding had struggled, but ... Free Essays on Frederick Douglas FREDERICK DOUGLASS Also known as: Frederick Augustus Washington Bailey Frederick Johnson â€Å"Without struggle there is no progress† Born Frederick Augustus Washington Bailey, a slave in Talbot County, Maryland somewhere around the time of 1817(?) and died in 1895 as a freed man named Frederick Douglass. In my essay I am going to just overview the book, The Narrative of the Life of Frederick Douglass An American Slave, which was written by him-self. In his book, Douglass tells about his early childhood in which he hadn’t known for sure the identity of his father and of how he and his mother had not had the loving mother and child relationship that we know. Douglass explains the different plantations that he had seen and talked about the ways of the different masters and mistresses that he had encountered. Also he talks about his disagreement of the Underground Railroad and his learning’s later in life, which made him rebel the way that he did against slavery and escape. Frederick Douglass has always been a very interesting man to me and now I am going to describe the life of a slave as told by him t he best way I possible can. Born in a town called Tuckahoe, with no knowledge of his age, Frederick Douglass had like other slaves went by the seasons and tried to estimate his age and the years. At the time of this writing Frederick believes to be about 27 or 28 years of age. Douglass remembers his mothers name being, Harriet Bailey the daughter of Isaac and Betsey Bailey who both were black. All he knew of his father was that he was white and that it was rumored his father was his master. He had been taken from his mother as an infant but he does remember his mother leaving from her plantation, at least 12 miles away, very late at night to secretly be with him. His mother had died when he was a very young age and all that he could remember was that very short time, which wasn’t many, that he had spent with her...

Textual analysis Essay Example | Topics and Well Written Essays - 250 words

Textual analysis - Essay Example (Forche, 597) From the few descriptions, these are just dead giveaways, and a visit will not be a pleasant one. Midway through the text, the author is seen been cruel to the parrot commanding it to shut up, as it storms away from the room. The Colonel returns to the room, with a grocery sack with him, but this time it is not full of groceries. It is filled with lots of chopped human ear – a horrific sign of lost lives. By now, the Colonel is seen being furious at the Americans, and those who threaten to expose human rights injustices. While the reader is still left in shock, suffocating from the graphic atmosphere of the text, it ends with the ear proverbially coming back to life. This implies that it is somehow able to behold Colonel’s crimes. Right from the text’s title, â€Å"The Colonel†, one could tell that the poem would be about a man of high stature. Most particularly, about a person who is not going to allow you to forget that he is above everybody. Although, it is quite surprising that the Colonel does not get a name, and he is just being referred by his title. The author has tactfully used this approach, perhaps, to make the Colonel power look more generic. Forche strategically referred him as â€Å"the Colonel†, to mean that the Colonel was callous. However, the reference to the character’s position implies that the character is acting in the role of power, without any physical description. In this manner, the text’s title reminds the reader that we are not dealing with one callous leader, but rather the whole system structure, which would put people’s lives under one person with the power to harass them. Back to the poem, the beginning of the text has started by describing the Colonel’s family atmosphere. This includes his wife, daughter and his son’s normal day activities. Because at the end of the day, all the family’s member can stay together, so at the start

Women in Culture in the 1930's-1940's VS Women in Culture Today Research Paper

Women in Culture in the 1930's-1940's VS Women in Culture Today - Research Paper Example The debates have hit the floor for some time regarding women in the past and women today. Moreover, social roles of women and girls are quite different from that of men. Workforce in early times was highly gender based which is somewhat contrary to today’s women. Today, women have much freedom and almost acquiring equal rights as men unlike in the early 1930’s. Women artist has been one of the outstanding and distinguishing activities between 1930’s – 1940’s and today. Female artists play central part in art industry, for instance textile arts and craft. In 1930’s, women artists encountered numerous challenges related to their success in art industry and these were gender based biases in the mainstream of fine art (Rosaldo, Lamphere & Bamberger, 1974). They faced challenges in training, travelling and trading of their work as well as recognition of their status in art industry. However late in 1940’s, feminist arts fought for their rig hts for them to be guaranteed the right to education and training in fine art. This impacted positively on women as they were allowed to train and acquire skills in fine industry. In the days of Great Depression (1930’s), a number of women made their own clothing. The time was so terrible that unemployment rate was very high. It was then that the fashion design made a step toward simpler lines reflecting the simpler lives of the people. Magazines displayed different kinds of clothing which customary middle women applauded (Loy, (2001). The fashions in the 1930’s were so appealing, attractive, feminine and absolutely gorgeous unlike today. The fashion took a stunning turn reflecting the austerity of the appalling economy. In the 1940’s, limited color highly characterized pictures and magazines unlike today as ink was expensive then (Rosaldo, Lamphere & Bamberger, 1974). Fashions illustrated in magazines revealed the clothing in sketch form instead of photographs. The gray outfit was a typical fashion design of 1932. Women empowerment and role assignment has taken a new picture today. This is mainly noted in factories and industries. For instance, Rosie the Riveter from the USA is highly recognized as a cultural icon. She represents the American women who worked in industries during the Second World War (Rosaldo, Lamphere & Bamberger, 1974). They took new jobs of men who were in the field of military. Rosie worked tirelessly to help the Americans who were taking part in war. During this time, women took over the male dominated trades though at the same they were required to return to their daily housework as soon as men in war came back home. Women were chiefly given the roles of housewives. They were asked to perform hard tasks which for them were hard to do. They opted to return to their traditional work basically to avoid such jobs and low payments (Loy, 2001). Rosie the Riveter finally died when her kidney failed to work after a plane ac cident. She had influenced American women to work in industries. It was evident that women proved it right that they could do and manage well the work that was mainly done by men. In 1942, the proportion of jobs acceptable to women increased tremendously. However, the payment terms of women were not favorable. Rosie had encouraged women to enter into workforce in large numbers, though women were discharged after the war to return to servicemen (Rosaldo, Lamphere & Bamberger, 1974). During the Second World War, women worked hard to take their positions. However after the wartime, they resumed domestic vocations and service work. Between 1930’

Environmental Factors Leading to Civilization Along the Nile Essay Example for Free

Environmental Factors Leading to Civilization Along the Nile Essay A. ) The two most significant environmental or physical geographic factors that contributed to the development and expansion of the United states had to be the Gold Rush, and the Irish Potato Famine. The Irish potato famine was devistating to Ireland and laid waste to its population, but ended up spurring Irish immigration to the United States, leading to both growth and expansion. The gold rush that took hold in the United States was one of the biggest factors that pushed people west and lead to a greater settlement of the west coast and all areas between. These two major events helped to shape the country that we know today. The Irish Potato Famine was one of the most significant environmental factors that helped develope and expand the United States because it not only lead to a population swell, but contrubuted to our work force due to the large number of immigrants that came to the U. S. as a result of it. Before the famine, the Catholic Irish peasents lived a very poor lifestyle and were constantly under fear of being evicted by their land lords as their farms were downsized and their rents were raised. They grew potato crops in the fertile Irish soil and used those crops to pay their rents and feed their families. This was many families sole source of income and nutrition. When the potato famine began in September of 1845, the potato crops failed universaly in Ireland, something that had never happened before. The poor Irish had been acustomed to a bad crop in a spot or two and they always had adjusted to circumstances before, and there was little loss of life over this previously. From 1845 and for the next 4 years, the crops would fail repeatedly and this caused wide-spread death, from both starvation and opportunistic infections such as typhus, that mowed people down by the thousands in their hunger weakend condition. There were many theories about just why the crops failed, both superstitious and religious, but we know now that it was the fault of a fungus, carried on the winds from England where it had been brough over by the North American ships. This fungus, phytophthora infestans, florished in the damp cool climate of Ireland and consistently ruined the potato crops. By 1847, two years into the Irish Potato Famine, people began to seek greener pastures either as a result of eviction, or the promise of a new and better life in the United States. There had been Irish imigration prior to this, but 1847 was really the first year where major waves of Irish families began to come to the United States. This lead to a population explosion on the eastern coast of the United States and the Irish immigrants who lived through the voyage found little welcome, often being taken advantage of and stolen from. The Irish immigrants brough with them new ideas about culture and religion and provided laborers for road work and other tasks that helped expand the United States. The Civil War is another event in wich the Irish took part. The immigrants joined the Union Army in droves and some atribute the northern victory in that war to the seemingly endless supply of Union troops, composed largely of the immigrant population flooding into the United States at that time. How different would our country be had the famine not happened and the immigrants not come? The other major event that contributed to the expansion and developement of the United States was the California Gold Rush. The Gold Rush was an exciting time in the history of the United States. It lead to a huge amount of expansion and settlement of the western-most poritions of the United States that were largely under-explored wilderness at that time. In May of 1848 gold was found along the banks of the American River near Sacramento, California. By August of that same year the New York Herald published an article about these findings, and so the Gold Rush was born! Men flocked to California to seek their fortunes in the hopes of a better life for themselves and thier families. They left their wives and children and came over land and by sea via Panama. Prospectors seeking to strike it rich brought with them their American ideals and values, and are a big part of the reason that California became a state in 1850. The California gold fields were an exciting and dangerous place to be, with few laws and really no way to inforce those that they had. Prostitution and drunken brawls and shootings were common place and many-a-fortune was won and lost in gambeling at camp. Most prospectors did not, in fact, strike it rich and left disallusioned to either go back to their families, or to settle the area around San Francisco. As a result of the Gold Rush, Californias population swelled from just 25,000 people to well over 220,000, when all was said and done. The population increase helped to settle the area and made San Fransico a major trade port for the Western United States as well as a gateway of sorts for travel and immigration. The influx of interest and travel in the west also paved the way for industries such as mining for silver in Nevada and the building of a transcontinental railroad to the west. The Gold Rush played a huge part in the expansion and development of the United States in that it had such an impact on California and the west. California and the west coast as a whole just wouldnt be what they are today had the Gold Rush not taken place. B. ) The most significant environmental or physical geographic factor that contributed to the development of Egyptian society was the Nile river. The area in question is made up of harsh, sandy desert and mountains. The river Nile flows down through this area and, due to the run-off from melting snow in the mountains each spring, carries with it rich, fertile soil that is really the only soil in the area suitable for crop production. The people in the area could use this fertile soil to plant crops and, based this new-found dependability, begin to settle and build permanent dwellings and villages. Since the villagers could count on two harvests per year, in most years, this would create and excess of product that could then be used for trade. The area near the Nile river is the only area that is very suitable for a sustainable way of life. That is why civilization grew up there due to the ability to grow crops, domesticate animals, and build permanent dwellings. People no longer had to be nomadic and search out food, they could grow and raise their own! The Nile also had a big impact on the religion of the time. Egyptian religion was ploytheistic and Egyptians worshiped many gods, usually based on nature. They had a sun god, a water god, an earth god, and so-forth. Each year when the Nile river flooded, this encouraged the belief in such gods and their devine will. The destruction that the flooding could cause was thought of as punishment for wrong doing and people created rituals to ward off the anger of their gods. A good crop grown from the soil brought down by the flooding was considered a sign of the gods pleasure with their people. The Niles influence could also be felt in its natural ability to be a trade route for Egypt. The arid desert climate makes it anything but an ideal area to travel through, and many found the river was a swift and cool route over wich to do business. The waters brought not only fertile soil for farming, but a measure of wealth and prosperity that contributed hugely to the growth and developement of the civilization. B1. One example of cultural diffusion is the relationship between Egypt and Rome. After being defeated by Rome, Egypt prospered as a province and was the main residence of Augustus Ceaser. This had a huge cultural impact on Egypt because Augustus began to rule the city under Roman laws and this was a whole new way of doing things. There are also the effects on Rome to look at. Egypt was a boon to the Roman Empire due to the trade routes through the desert, the abundant desert minerals that could be mined and later used to make statues and ornaments, and the glass that could be found in Egypt as well. One would have to wonder how different Grecian art would have been without the natural contributions that were made by Egypt. There was a natural diffusion that took place simply by co-existence with people of a different culture and background. The depictions of Egyptian people and gods began to look more Roman in dress and features and, likewise, the Egyptian architecture such as Obelisks became popular in Roman art and architecture.

Social prejudice in schools Essay -- essays papers

Social prejudice in schools Children from middle-class families generally are more successful in public schools than children from low-income families. Is the school system responsible for this problem, or is lower performance among low-income children a result of their home environment? The home environment has a big role in a child’s education and if it is not supportive of the school environment, the student will not be as successful in school as the child whose home environment is supportive of the school’s learning environment will. The typical public school teacher is a middle-class white female. The typical curricula, tests, and learning tools used in public schools were created by middle-class educators and are geared toward the needs of middle-class children. The middle-class teacher may not be able to communicate as well with the lower-class student as she could with a middle class student. A poor minority student may have trouble understanding English if English is not his/her first language or if English is not spoken in his/her home, and the teacher may have trouble understanding his/her broken English. Different social classes also use different slang and voice inflections, and have ways of speaking that contain â€Å"hidden meanings†. So the â€Å"language† a lower-class student uses at home may cause him to have trouble communicating with his middle-class teacher and classmates. In his book, Ain’t No Makin’ It, Jay MacLeod tells how a group of poor students in a particu lar school were able to relate to a teacher (Jimmy Sullivan) who spoke their â€Å"language.† â€Å" ‘It was cool, cuz like you walk in there†¦you talk to Jimmy, and you know Jimmy’s real cool,’ † said one of his students. Related to this â€Å"language barrier† that exists between low and middle social classes are behavior differences which affect teachers’ perceptions and expectations of students. Poor and minority students are more likely to be placed in low tracks (Oakes, 64) than middle-class children, probably because teachers misinterpret certain students’ abilities. J. Oakes suggests that one of the reasons this happens is because of the existence of a â€Å"hidden curriculum†, one in which teachers’ expectations and judgments are based on subtle behavior traits that are a part of each student’s home life and are brought to the classroom. Many students in lower tracks are plac... ...ols cannot change is the fact the every family has a unique set of values, beliefs, traditions, and ways of rearing children. Ultimately, the home environment has a greater impact on children than any other social institution, and if the culture being taught in schools is different than the culture that is being taught in the home, children’s education will suffer. Bibliography: Resources: Elvin. H.L. Education In Contemporary Society. London: C.A. Watts and Co. 1968. Fischer, Louis and Donald R. Thomas. Social Foundations of Educational Decisions. Belmont, CA: Wadsworth Publishing Co., 1965. Goldman, Shelley V. and Ray McDermott. â€Å"The Culture of Competition in American Schools.† Education and Cultural Progress. Prospect Heights, Ill.: Waveland Press, 1987. Kottak, Conrad. Mirror for Humanity. New York: McGraw-Hill Inc., 1996. MacLeod, Jay. Ain’t No Makin’ It. Boulder, CO: Westview Press, 1995. Oakes, J. â€Å"The Distribution of Knowledge.† Keeping Track: How Schools Structure Inequality. Yale University Press, 1985. Orenstein, Peggy. Schoolgirls. NY: Doubleday, 1994. Spring, Joel. American Education. NY: McGraw-Hill Co., 1994.

Custom Snowboards Inc. Analysis Essay

European Expansion Historical Analysis To make a decision about expansion to Europe, we must first analyze past performance as an indicator about future performance. A historical analysis was completed on the company’s past balance sheets. Custom Snowboards Inc. has had increased net sales in the past three years. Net sales went up .23% in year 13 and .93% in year 14. Cost of goods sold (consisting of direct material, labor, and overhead) and in relation Gross Profit, also increased by the same percentages. Using the historical data, we use the trend analysis to determine what sales will be like in future years. The company’s trend analysis shows this increase in net sales and gross profit will continue well into year 17. Using base year 12, historical data shows an increase to 100.2% in year 13 and another .7% increase to 100.9% in year 14. Then to further review the upcoming year’s predictions, Custom Snowboards uses year 14 as the base year at $6,955,200. Year 15 increases to $7,163,856, a 3% increase. Year 16 slows slightly to $7,094,304, down a percent from year 15 but still an increase of 2% from the base year. Year 17 shows net sales at 103.7% of the base year 14 earnings. This indicates the compan y has worthy cost control in revenue. When reviewing European sales forecast for years 15-19, we see the same trend as with Custom Snowboards Inc. trend analysis. European net sales will increase from $1,391,040 to $2,423,748, or 74% during the 4 years. Using year 15 as the base year, in year 16, net sales are predicted to be 120%,  144% in year 17, 158% in year 18, and 174% in year 19. Operating Expenses. The selling expenses that include transportation out, sales commissions, and advertising increased at the same rate as revenue. The related increase fluctuates with units sold as it should. This is another indication the company can manage its cost control. The future operating expenses in the European Sales forecast indicate that advertising expenses will decrease and sales commissions, transportation out, factory manager/ staff expenses will increase as expected with an expansion. The overall selling and admin expenses move from $215,048 in year 15 to $251,480 in year 19. Using year 15 as the base, there is expected 7% increase by year 16, 15% increase by year 17, 11% in year 18 and ending with a 17% increase by year 19. Coupled with the increasing net sales, this continues to show positive cost control. General and admin expenses increased disproportionately. In year 13, the expenses increased an overall 7.24% and another 6.50% in year 14. The hardest hit areas in this area are the other general and admin expenses in year 13 and compensation in year 14 bringing the total operating expenses to an increase just over four percent each year. Since compensation increased, this could mean additional employees. More workers would explain why an increase in utilities. Since sales went up, it would be justified in the employee increase however, the percentages should be more similar. Expenses should have gone up a smaller percentage, one closer to the .23% and .93% numbers shown in net sales. Expenses growing at a faster rate than sales is poor cost control. Net earnings shows a trend of declining over the past few years by 25-30%. This decrease – and another unfortunate cost control – is mostly due to the decline in interest income. Interest went down 28% in year 13 and 90.63% in year 14. The interest income could be influenced by the fact that short term investments also declined in year 14 by 83.3%. Interest expenses decreased as well indicating that Custom Snowboards Inc. is paying the minimum payment on the amortization schedule instead of paying on the principle. Assets. Cash and cash equivalents increased for Custom Snowboards Inc. 114.2% in year 13 and another 30.6% in year 14. Consistent increase shows well for the company but since sales went up 23% in year 13 and .93% in year 14, the cash should have increased more in year 14 however, furniture, fixtures, and equipment went up 200,000 which means the company purchased more assets for the company. Custom Snowboards is putting the money back into the company without taking on more debt which indicates a decent cost control. Custom Snowboards most likely took money from their short term investments to pay for the furniture. The short term investments dropped significantly in year 14 by more than 80%. This caused a decrease in total current assets but the overall total assets remained healthily increasing, partly due to increase in finished goods and raw materials inventory. Overall, Custom Snowboards uses respectable cost control in assets. Liabilities. Accounts and notes payable increased proportionately to the net sales increasing total current liabilities by the same proportions. Mortgage payable decreased consistently over the three years as did other long term liabilities. Overall, liabilities continued to decrease over the three year period. Stockholders Equity increased over the three year period. Common stock remained steady at $200,000 ($1 par) and so did paid in capital. Retained earnings increased every year, a plus for the bank. Return on total assets, return on common equity, and price/ earnings ratio are significantly higher than the competition, Winter Sports. Overall the company remains stead and the bank can deduct from reviewing the financial statements that the company will continue to make strong decisions and increase net worth over the next few years. Cost Control Improvements Custom Snowboards has good cost controls in place however some improvements can be made. The company currently uses Traditional Cost Base (TBC) method by using a predetermined overhead rate and then costs are divided evenly  among the products regardless of what is actually used. This does not give a true picture of costs. For the most part this is working well but the company could use better cost control by implementing the Activity Based Costing method. In this method, overhead manufacturing costs are divided in a more rational and deliberate manner. Costs are allocated by how much it actually costs to make a specific product group. Each product would be placed in a group with other items with the same costs, regular vs personalized snowboards for example. This includes labor hours, machine costs, etc. Although the ABC method is more complex and time consuming, it will be worth it to Custom Snowboards. The company will be able to better assess how and where money is spent and drive down expenses and increase net earnings. In the specific case of Custom Snowboards two types of boards, regular and personalized, the ABC method helps the company manage its money. In traditional costing, the regular bikes are $119 per unit. The personalized snowboards are $162. However, using activity based costing, the regular bikes are only $105 per unit and the personalized units are $218 each. In total production costs, the company is spending $522119 more on regular bikes than it would using ABC, and [$522119] less than it should on personalized bikes. This shows that in TBC, too much money is allocated for the regular snowboards, and not enough for the personalized units. The company needs to improve its cost controls with the ABC method to decrease expenses and increase profits. Another way the company can control more of its costs are to itemize and budget ore specifically. Line items like other general and admin expenses should be much smaller and contain items that are tracked. Having a more specific budget can also allow the company the opportunity to seasonalize its budget as well. Utilities may go up in the winter because of heat, or up in the summer due to air conditioning. Snowboard sales are more likely to be higher in the months leading into winter than the summer months. Identifying seasonal funding requirements could save Custom Snowboards a lot of money and increase net profits. Custom Snowboards can control costs by using aggressive funding strategies versus conservative ones. The cost of long term financing is more expensive  than the cost of short term financing. Being aggressive in its borrowing, the company can lower interest expenses and raise net earnings. Short term investments are riskier because of the fluctuation in interest rates, but coupled with the tighter budget, the company should be able to predict when the best time to finance is. Day to day activities can help control costs for Custom Snowboards. Collecting account receivable as quickly as possible but not losing customers from high-pressure collections, better customer service, faster and more efficient mail, processing, and clearing time reduction when collecting from customers (collection and disbursement floats), and controlled disbursing, paying accounts payable slowly (but still on time to avoid credit damage) are all ways to accomplish better cost control. Inventories should be classified into three categories: raw materials, work in progress, and finished goods. Proper management should be strictly enforced to ensure funds are used wisely by keeping inventory low, but having enough inventory on hand to quickly fill orders and prevent production delays. This is in direct relation to knowing the seasonal demands of the products and predicted sales. If the company uses the ABC method, it can use the calculation Total Cost=(OxS/Q) + (Cx Q/2) where O = order cost per order, S = usage in units per period, and Q = order quantity in units. A re-order point (including lead time) should be set by management to determine when more materials should be purchased so as to not upset the balance. The just in time (JIT) management system is ordering materials so they arrive at exactly the moment they are needed for production. This minimizes inventory investment but also takes extensive coordination with near perfect quality and consistency to be successful. The company must work with suppliers and shipping companies to ensure correct arrival times in addition to internal controls to make sure the correct items are ordered on time. Both Custom Snowboards’ raw materials inventory and finished goods inventory increased over the past three years. The JIT method will help the company keep these numbers under control. Risks Custom Snowboards is considering expansion into Europe either through merging with or acquiring European SnowFun, or by simply building a new facility. Mergers happen to improve a company’s share value, expand externally, diversify produce lines, reduce taxes, and increase owner liquidity. With the benefits of a merger, there are risks. The CEO of Custom Snowboards is concerned about internal operations risks associated with an expansion to Europe. She is also concerned about Custom Snowboards reaction to external risks encountered by the expansion as well. Internal risks Custom Snowboards faces could have a negative impact on the daily operations of the company. These are the risks from circumstances the company has control over. For this merger, Custom Snowboards will need to consider internal loss of focus on current operations, cultural differences including the language barrier, different financial reporting systems, different customers, new monetary system, and new management. Although the culture is an external factor, the way the company handles the risk is internal. The culture of the new market is vastly different and will need new strategies to continue sales regardless if the expansion is a merger or not. If Custom Snowboards does not understand its new customer base, it could lose sales quickly plummeting the company into bankruptcy. To mitigate this risk, research and development will need to do some work to help management communicate with a new market; associates, suppliers, shipping companies, etc. Some gestures and nuances we use in the United States may not be used in Europe or vice versa. Something we think rude, may be acceptable there. They could be offended by something innocent to us resulting in sales loss. The marketing department will also need to adjust the way it relates to customers. What sells in American, may not see in Europe. The use of multiple new languages will also need to be addressed. Bilingual employees, particularly the customer service representatives would be beneficial and help mitigate the risk of losing customers to a language barrier. It will also help the employees communicate with each other as  many current employees will have to go to setup the expanded portion of the company. A look into the competition will assist the company quite a bit as well. Increased costs in everyday business. Translators, new paperwork in different languages etc. must be mitigated with pre-planning and research. The company will need to complete new reports using International Financial Reporting Standards (IFSR) which could also be a costly change for the company. Even worse, the change in accounting standards could prove to be more costly if reported incorrectly. Proper training and understanding of the new system will mitigate this risk. All monies will need to be converted to the current system in that country as well. All costs should be pre-budgeted to ensure the company has enough cash flow for start-up costs as well as an operating budget. Realistic business plans should be in place. Hiring an outside local agency to assist in the accounting the first few years may be a smart way to invest into the company and mitigate the cost risk associated with an international expansion. With all the focus on getting the new part of the company up and running smoothly, there is a tendency to let the current operations fall behind. Oftentimes companies will send their best people to assist with the expansion leaving behind employees who can barely keep the current operations afloat. This leads to missed deadlines, mismanagement of operations, and quality control issues. To mitigate this risk, the company should find a balance of more experienced employees as well as less seasoned ones for the project team. The new management team can also be a risk to the company as foreign markets have different business practices. Business mistakes could cost the company money or its reputation. Inexperienced in how the company works, the new team will need lots of training. Custom Snowboards can mitigate this risk by ensuring an extensive training program is available as well as hiring qualified individuals in European business practices as well as those of the US. Offering some current employees benefits to work in Europe until the expansion portion of the company is up and running will also benefit the  company. Keeping in mind of course, the balance of current operations and those of the expansion. The new management team may also have different management styles. This could be good for the company as it tries to adopt the European market business culture. In addition to cultural barriers, another external risk is the local laws and regulations of the expansion country. In addition to the IFSR, there are specific laws that must be followed. This includes local labor, wage laws. Without knowing these laws, the company could inadvertently break them, leading to large fines, legal action against them, or being disallowed from doing business there. The best way to mitigate these risks are to educate, educate, educate. Custom Snowboards must learn the new laws and ensure everyone is trained on following them. A quality team should be in place to follow up on compliance as well as a consultant to get things going. External market plays a role in the success of the expansion. GDP growth rate, interest rates, consumer growth rate, the unemployment rate, etc. can all effect business for the company whether it is in the form of shipping costs or sales. To mitigate this risk, the company should do a thorough analysis of the market and benchmarks set prior to making the commitment to expand. The company should also take into consideration any political issues in the new country as this could cause instability and effect the market. So do government regulations and tariffs so Custom Snowboards should research, analyze, and be prepared. Potential Returns To make the most informed decision about expanding to Europe, we must look at the potential returns for the investment. The company will fund the expansion through increasing capital structure. To analyze potential returns, we look at net present value (NPV) and internal rate of returns (IRR). The NPV measures profitability which is the main goal of any business. It identifies the dollar amount the company will make from the project, using the current rate. An in depth look at Custom Snowboards capital budget reveals the NPV for the expansion via a new facility is $167,479. A positive NPV is an indication the company should move forward with the expansion. Had the NPV been zero, or less, the venture should have been rejected. An analysis of NPV for the merger has not been conducted. The IRR, also known as the expected rate of return, is the point in which the project’s cash flow equals cost. This too will tell Custom Snowboards if the venture will be profitable. The hurdle rate set by Custom Snowboards is 10%. Which means if the IRR falls below that, the company does not feel the investment is worthwhile. If the IRR is above 10%, the company should move forward. The IRR for Custom Snowboards was analyzed for years 15 through 19 with $1,000,000 investment, the IRR is 14.4%. This indicates the company should move forward with the expansion. Both potential returns indicators demonstrate Custom Snowboards the expansion is a viable option and should be moved on. The company should accept the project as the expected return on investment would prove a significant asset. Merger vs Acquisition Since the company knows now that an expansion is the way to go, it must then decide if a merger is appropriate. The growing percentage of total sales is expected to continue rising. The company can opt to expand to Europe by way of building a new manufacturing facility with a lease option or by merging with SnowFun, a European company. Custom Snowboards can also acquire SnowFun. SnowFun’s product is less durable but offers a personalized paintjob that increases sales. Custom Snowboards Inc. uses 10% hurdle rate for capital budgeting and expansion decisions. Merge. The IRR discussed earlier indicates the merger will be a profitable decision for the company at 14.4%. The NPV for the merger was established at $167,479, both indicating the merger will be profitable. Merging with SnowFun means  shareholders of SnowFun would stock swap three of their existing shares for one share of the combined company. The stock purchase price for the company after merger would be $2.40 per share. SnowFun has 300,000 currently outstanding. Which would mean 100,000 shares of Custom Snowboards would now be owned by former SnowFun shareholders, diluting the shares owned by Custom Snowboards stockholders. Expected earnings per share (EPS) after a merger would decrease .06 to .92. The EPS for European SnowFun is currently at a low .27 but will increase dramatically to .92. The company would have to decide if the value decline in EPS for Custom Snowboards is worth the increase from European SnowFun stocks. Positively, the merge would provide the company with pre-established workforce, facilities, and customers. As discussed, this can also be a risk to the company. Build. Building a new facility means spending $800,000 on building and equipment and, $200,000 working capital is required for startup. The build option will increase assets for the company while simultaneously return profits. The build option will cause the company to incur debt. Custom Snowboards has decided that if this option is chosen, the company will fund the expansion through increasing capital structure. The company would raise capital by issuing long term debt, sale of common stock, or a combination of both. All of these options effect the company’s financial leverage. It is recommended that both be done to maximize the value of the company for shareholders. Custom Snowboards could enter into a sale-leaseback at 6%, or purchase a preexisting facility over time, also at 6%. The shorter term lease would be the most beneficial to the company. The annual loan payment would be $189,917.12 versus the annual lease payment would be $195,000. The $5,082.88 yearly difference is an acceptable risk in this venture as the lease option preserves more working capital. The lease option requires cash outflows of $653,355 while the purchasing option requires outflows of $809,409, a $156,054 difference. Custom Snowboards Inc. can reinvest that money back into the company. This option provides tax advantages rather than paying property taxes. The purchasing option will have the company pay property taxes but will also provide advantages by way of depreciation. Acquire. The total present value for an acquisition is $732,522. After a $720,000 purchase price, this would put the NPV for acquisition as $12,522. This makes an acquisition a profitable measure as well. This option is less expensive up front and still increases the company’s assets. Acquiring SnowFun would also mean a stock purchase price of $2.40 per share. With 300,000 outstanding shares, that means $720,000. This option also provides the benefits of an established workforce, facilities, and customers, and the risk that comes with that. Recommendation Based on the analysis above, it is my recommendation that Custom Snowboards expand to Europe using the build with leasing option building the most working capital than the other options. The NPV indicates the investment will have a positive return on investment as does the IRR. A merger or acquisition would eliminate SnowFun as a threat however their inferior product and outstanding stocks would decline business for Custom Snowboards. The risk of the preexisting structures and products is greater than the company should accept. The tax advantages would contribute to the working capital of the company. The excess working capital the company gains from the expansion, can be placed back into the company, covering the startup costs. As the company builds its own reputation in Europe, a future acquisition may be more feasible. Custom Snowboards product is higher quality therefore, it may force SnowFun into a position of being acquired at a lower rate in the future. In selecting this option, the company must lastly choose how to fund the decision. There are a few ways to finance the build. The capital structures are: 100% long term debt, 30% long term debt and 70% common stock, 80% long term debt and 20% common stock, and 100% common stock with no long term debt. The long term debt will yield an average .47 earnings per common stock (EPCSS). The least beneficial to the stakeholders. In year 15, the earnings before interest and tax (EBIT) is $81,912, the income available for common stock is $10,809, bringing the EPCSS to .054. In year 16, the EBIT is $134,544, the income available for common stock is $50,283, and the EPCSS is .251. In year 16, this option  yields the best results. In year 17 with an EBIT of $198,116, the income available for common stock is $97,962, and the EPCSS is .490, .703 in year 18 with EBIT $254,959 and $140,594 income available for common stock, and with an EBIT of $295,639 and $171,104 income available for common stock in year 19, a yield of .856. Using the long term debt option will look the least beneficial to the stakeholders in the first year, but then maintains the best return for all subsequent years. The 30/70 option will yield in year 15, an EPCSS of .084, .156 in year 16, .243 in year 17, .320 in year 18, and .376 in year 19. This is the second best option in year 15 but in the middle for the other years. On average, this option will yield .236 EPCSS, making this the second worst option. The 80/20 option will yield an EPCSS of .070 in year 15, .201 in year 16, .360 in year 17, .502 in year 18, and .604 in year 19. This option isn’t bad in year 18 but not the best for the other years. This option will yield .347 on average. The no debt option will yield an EPCSS of .088, the most beneficial in year 15. In year 16, the EPCSS is .144, .212 in year 17, .273 in year 18, and .317 in year 19 making this the least beneficial of all the options the rest of the years. Over the course of the 5 years, this option will yield .207 EPCSS, the least return of all options. Although the benefits start slow with a lower EPCSS in year 15, my recommendation is to fund the build with the long term debt option. Although the 100% common stock option produces more income available for common stock, the long term debt option will yield the highest returns at an average EPCSS of .477. Longevity will prove to work best in this scenario. Over time, this option will yield the most benefits to the stakeholders. Securing capital in this way will ensure the highest earnings, producing more income for common stock money for future investment into the company.

Force Majeure In Construction Contracts Essay

In handling a project, one of the most important is looking at the project plan. In the project plan, it almost includes all the necessary information from the high level up to not so much low level or details of the project. It is also the starting point of any project which is being initiated mostly by over-all project manager, Project manager must not only look at the financial or what we call budget or the resources that will be needed or even the schedules or time frame of the project. What are most important actually are the main obligations and what do we expect for the contractor, if wee are talking about construction project. Its main obligation and what are not part of their obligation. The most interesting part is what is not their part of work and what are the liabilities that they may have while doing the project as well as after the project. Questions like, what if†¦this happen, are they liable to it? All of the things that would possibly happen must be clearly stated in the contract, because if the building collapses due to an earthquake, what are the liabilities, if there is how it can be measured or be said that they have such liability to the building they have constructed. That is the main purpose of this paper, to discuss clearly what force majeure is, what are the effects to the parties involved and how it can be applied well. What is Force Majeure? Its Scope and Existence Force Majeure comes from French term meaning â€Å"great force† it is a common clause which primarily frees obligation of one or both of the parties from certain liability that are usually unexpected and commonly called as Act of God. These are such as: flood, earthquake, war, snowstorm, etc. Force majeure is not intended for the obligating parties to be excused to certain obligation, this is just intended to have it clearly stated in the contract in order for the parties to be none liable to certain occurrence which are obvious to be not within their responsibility. But, there are some cases wherein force majeure is customized in some projects where liability may also occur and not just claiming all into as force majeure clause which in any case the ruling will all depend on the gravity of the situation and looking again at the written and agreed contract. In other words force majeure is also stated as exceptional matters or events that are beyond the control of either party or overwhelming superhuman events. Like in the case of military, force majeure may be represented by a different meaning. It pertains to an event either it is internal or external, for instance a military vessel that allows to enter normally in another area without restriction or penalty, a very recent example is in the US Navy aircraft that landed at the Chinese territory after a collision with a Chinese fighter, where the aircraft is allowed to land without any restriction, as it was stated under the principle of force majeure. (Force Majeure, 2007). Effects to the Parties As earlier stated the effects of force majeure have provided great effect for both parties. The force majeure clause since it can be drafted differently, it may assume differently. That is why it should be well enlightened with clear use of precise words and must take into consideration the effect of nature and most especially it must include the general terms of the contract. Take for instance in the case of C. Czarnikow Ltd. v. Centralla Handlu Zagranicznego Rolimpex (1977) the English Court of Appeal held the defendants could in the circumstances of the case rely upon a force majeure clause which provided that if delivery was prevented, inter alia, by ‘government intervention beyond the seller’s control’ the contract would be void without penalty. But in some cases, employers or contractors may be relieve from their main responsibility like another example is when the union of the company set a strike. Another good example is when the contractors may ask for extension of the project, due to devastation of typhoon in the construction site, which is most likely very logical. But the over-all effect of these situations will be tremendous since it would impact the plan of the company. But, the company and contractors, must still need to double check clearly if what was agreed upon in the contract, is the situation really covers and part of the force majeure clause or not. Because, there are certain instances that it would still be part of the liability of the party or parties. (Hussin, Abdul Aziz, n. d. ). Force Majeure in Contracts It is very clear based from it sets of meaning and rules that there is no damages that are recoverable from a party who has been prevented from performing their contract by force majeure. That is why an event that will not be force majeure except: (1) it makes performance of the contract impossible; (2) it was unforeseeable; and (3) it was irresistible, both in its occurrence and its effects. Importance of Force Majeure The main importance of force majeure clause in a contract, most especially in a construction project is that it does not only provide a clear cut obligation for both of the parties. It also gives a deeper understanding by both parties, what are must to be included in the force majeure clause and what are not. Because, not all must be included or else there are times wherein contractors may also be just relieving themselves to certain obligation which might come and with that it will be an unfair treatment for the requesting company. Like for example, a coal supply agreement, the mining company may seek to have â€Å"geological risk† included as a Force Majeure event, however the mining company should be doing extensive exploration and analysis of its geological reserves and should not even be negotiating a coal supply agreement if it cannot take the risk that there may be a geological limit to its coal supply from time to time. The outcome of that negotiation, of course, depends on the relative bargaining power of the parties and there will be cases where Force Majeure clauses can be used by a party effectively to escape liability for horrific performance. The General Effect of Force Majeure To further understand force majeure concept, these are the many general effects of force majeure: (1) neither party will be liable if it is prevented from performing its operation by a force majeure event; (2) a force majeure event is something external to the parties (such as an â€Å"act of God†, or disruption to their equipment or machinery); (3) the event should be both beyond their control and such that they could not have prevented the event, or the consequent failure in performance, by the exercise of due diligence; (4) an obligation to pay money will not be suspended by a force majeure event; (5) the party affected by the force majeure must notify the other party and use due diligence to remove the disruption and resume performance of its obligations. In other words, the effect must be beyond the control of both parties and the other party must know the situation in order to also make some adjustment on the issues. (Adlam, JG, 2007). Maui Gas Contract In the company’s contract, it clearly defined and enlisted the following situations or events that will be part of the force majeure clause, and these are: acts of God, strikes, lockouts or other industrial disturbances, acts of the Queen’s enemies, sabotage, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, floods, storms, fires, washouts, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage of or accident to machinery or lines of pipe, freezing of wells or delivery facilities, well blowouts, craterings, the order of any court or governmental authority, the necessity for making repairs to or reconditioning wells, machinery, equipment or pipelines (not resulting from the fault or negligence of such party), or any other act or omission occasioned by any cause beyond the control of the party invoking this Article. But it has to be well observed and studied if both parties did not perform negligence towa rds its duty. Because if there will be cases proven that there are failure in the duties made by either parties and at the same time reasonable. There will also be no such condition or occasion affecting the performance of this Agreement by any party shall continue to relieve the party affected thereby from liability or to hold in abeyance a cause of action, after the expiration of a reasonable period of time within which by the use of due diligence such party could have remedied the situation preventing its performance, nor shall any such circumstance or occurrence relieve any party from its obligation to make payment of amounts then due hereunder nor shall any such circumstance or occurrence affected thereby from liability or hold in abeyance a cause of action unless such party shall give notice of such circumstance or occurrence in writing with reasonable promptness; and like notice shall be given upon termination of such circumstance or occurrence. (Adlam, JG, 2007). Atlantic Paper Stock Ltd. v. St. Anne-Nackawic Pulp & Paper Co. , decided by the Supreme Court of Canada in 1975. In this case the mill company had a force m ajeure clause in a contract with the company that supplied waste paper. The force majeure clause excused the mill from purchasing its required amount of waste paper as a result of an act of God, the Queen’s or public enemies, war, the authority of law, strikes, the destruction or damage to production facilities, or the nonavailability of markets for pulp or corrugating medium. The latter condition became important when the markets failed. It was necessary for the court to determine the meaning of this event. The Chief Justice comments on interpretation of force majeure clauses have shaped all subsequent cases. An act of God clause or force majeure clause, and it is within such a clause that the words â€Å"non-availability of markets† are found, generally operates to discharge a contracting party when a supervening, sometimes supernatural, event, beyond control of either party, makes performance impossible. (Construction Contracts: Defining & Shifting the Risk, 2004). Application of the Interstate: and Sales Full Disclosure Act to Condominium Projects and Single Family Homes This is with regards to contract provision and circumstances of non-performance as well as the focus on force majeure clause. That it must be carefully stated in order to ensure that they will not be interpreted by courts as undercutting the obligation to complete construction within two years. As with limitation of damages sought by purchasers, state law controls in determining whether or not a specific provision undercuts the seller’s obligation to complete construction within two years. In this project the possibility of impossibility of performance due to unexpected and uncontrolled event is limited. Because this can only happen if one of the party completely discharged its obligation under the contract. The only recognize part of force majeure in this case may come from â€Å"bad whether† which may also cover some instances or events that may affect the implementation of the projects, such as earthquake, flood, strikes, fires, etc. In other words, it was clearly stated that non-performance may not be possible to be part of the force majeure clause since it can only happen if one of the partner completely abandoned or removed its obligation while the list of events that will be covered under force majeure was clearly to avoid confusion. (Chasnow, Robert, 2007). Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074 This case was actually between Yugoslavian company and Hungarian Company. The Yugoslavian company sold and delivered caviar to a Hungarian company. Based on their agreed contract â€Å"the buyer has to pick up the fish eggs at the seller’s address and take the goods to his facilities in Hungary†. Payment was due two weeks after the delivery of the goods, at which time the UN embargo against Yugoslavia took effect in Hungary. The seller assigned the claim for the price of the goods to a company located in Cyprus. The buyer acknowledged the assignment, but could not pay on the basis that the UN embargo was a force majeure. The arbitral court found that the damage caused by force majeure had to be borne by the party to whom the risk had passed the buyer. In this connection, the arbitral court found it necessary to point out that the risk of freight had to be borne by the buyer, unless the contract of the parties or the applicable law provided otherwise as stated in article 67 of CISG. The [buyer] could not be exculpated by proving that the damage was owing to an act or omission of the seller based from the article 66 of CISG. The result was that the court held that the buyer was obliged to pay the price of the delivered goods with interest. (Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074, 1996). Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447 In this case the Antillean Rice Mills exports rice from the Dutch Antilles to the EC Council Regulation No. 304/97 which has introduced a safeguard measure in the form of a tariff quota for the period of 1 January to 30 April 1997. The safeguard measure was justified because of the instability of the Community market of a certain type of milled rice, Indica, which was being sold at a price considerably lower than the intervention price. Antillean Rice Mills brought an action for annulment of the aforesaid Regulation before the Court of First Instance and asked the Court to suspend its application during the course of the action. The applicant argued that if interim measures were not granted, the company risked suffering serious and irreparable harm; first because it would have to dismiss 80 out of a total of 117 employees, with consequent loss of know-how and, second, because it risked losing its business relationships and market shares due to the impossibility of satisfying the orders of its clients. The Court dismissed the application on the basis that the applicant failed to prove the irreparable nature of the damage caused by the immediate implementation of the measure. According to settled case law, `damage of financial nature is not in principle considered to be serious and irreparable’, unless the alleged damage threatens the existence of the company concerned or it cannot be quantified. The alleged temporary loss of productivity with the consequent restructuring of the company and loss of market shares were not found to be irreparable damage that could not be rectified by appropriate compensation if the Regulation was annulled. Second, the suspension would deprive the Regulation of its effectiveness in the event that the main plea was dismissed and the Regulation upheld. If low-price rice imported from the OCTs continued to overflow the market, the Community rice producers would have no incentive to change over to Indica rice, which was the purpose of the safeguard measure. In this situation, since permanent damage was not proved, the Court upheld the Community interest in the direct application of the actions. (Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447, n. d. ). Conclusion In this paper it shows that force majeur does not immediately means that it can derived from an event that are beyond the control of the parties or act of God, like earthquake, flood, etc. It can also include certain damage to production, like machine breakdowns and strikes by employees. It also stated here that force majeur must be carefully studied and validated before any project may be started. Obligations of both parties must also be specified in the contract in order not to encounter confusion on what is really part of the force majeure clause and those that are purely obligatory to both parties. References Adlam, JG. â€Å"Force Majeure Events Commercial and Legal Consequences. † Ministry of Economic Development – Crown Minerals. 28 August 2007 â€Å"Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447. † International Trade Developments, Including Commercial Defence Actions XIII. n. d. Chasnow, Robert. â€Å"Application of the Interstate :and Sales Full Disclosure Act to Condominium Projects and Single Family Homes. † Holland+Knight. 2007 â€Å"Construction Contracts: Defining & Shifting the Risk. † Stewart McKelvey. 7 July 2004 â€Å"Firma Milch-, Fett- und Eierkontor GmbH v Bundesanstalt fur landwirtschaftliche Marktordnung, Reference for a preliminary ruling: Verwaltungsgericht Frankfurt am Main – Germany, Butter from stock – Force majeure. † European Court reports 1979. 1979 â€Å"Force Majeure. † Wikipedia: The Free Encyclopedia. 18 October 2007 < http://en. wikipedia. org/wiki/Force_majeure> â€Å"Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074. † CISG Case Presentation. 1996 Hussin, Abdul Aziz. â€Å"Force Majeure Clause. † University Sains Malaysia. n. d. Eriksen, Eivind. â€Å"Terrorism and Force Majeure in International Contracts. † Bond Law Review. 2004

Martin Luther King and Severn Suzuki - Calls to Action essays

Martin Luther King and Severn Suzuki - Calls to Action essays I Have a Dream by Martin Luther King and Address to the Plenary Session, Earth Summit by Severn Suzuki, both authors raises their concerns. In the speech I Have a Dream, Martin addresses prominent issues by exposing the racial injustice African Americans faces. I Address to the Plenary Session, Earth Summit Severn Suzuki raised her concern about the destruction of the environment. Both authors utilize their distinctive voice to passes the power in order to create some kind of hope and awareness to the audience. Both Speeches requires action to be taken to fix the concern of the context. Martin Luther King's distinctive voice is a composition of techniques that enables him to alternate the concern of his context. In this speech Martin also demonstrate that hope exists if action is taken in order to eradicate discrimination. Martin Luther Kings speech brings hope to the African American, his reason to engage with the audience is to get a closer relationship with them making it easier for him to communicate and immense the audience into a realm manifested by the distinctive concerns of his time. His quote we cannot walk alone and Let Freedom ring, the combination of the 2 quotes brings hope into the audience. We cannot walk alone the meaning of this quote is, the power of one person is unable to change anything, but together theyre able to stop racial segregation and make changes to their life. Let Freedom ring from every hill and every molehill of Mississippi this quote is very demanding, he wants freedom to fall on Mississippi City. Martin Luther King uses anaphor a and repetition to emphasize his point. I have a dream, each and every individual in this world have their own dream, every single African American have their hope and dream. African American s dream was to become free with equal rights, their d...

Foreshadowing What is Foreshadowing How to Use it (Sneakily)

Foreshadowing What is Foreshadowing How to Use it (Sneakily) Foreshadowing: What is Foreshadowing How to Use it (Sneakily) Without foreshadowing in your bookyou run the risk of an unsatisfying story.Let’s be honest, how many of us pick up a book, read half of it, get busy and never get back to it?Life or other books get in the way and, well, as good as that book was, we were never really hooked. There was nothing compelling us to read to the end.No harm, no foul, right?Wrong.When you’re the author of that halfsOne of the best ways to learn any skill, including foreshadowing, is to look at examples and understand why they were done.Here are some of our top foreshadowing examples (you probably recognize) that you can learn from in order to put these writing tips to use.Foreshadowing Example #1 Nightlock in Hunger GamesBy now, we all pretty much know the story of Katniss Everdeen, the selfless sister who bravely sacrificed herself as a Hunger Game competition in order to save her younger sister.This series has a number of fantastic foreshadowing examples, but one that sticks out to us the mos t is the prevalence of nightlock, a poisonous berry that causes death upon consumption.These are the instances in which the use of nightlock is used as foreshadowing:In the beginning of the book, we learn that Katniss is well #2 Obi #3 Lennie Killing in Of Mice and MenIf youre familiar with Of Mice and Men (meaning, if your teachers made you read it in school), you know that Lennie, a mentally delayed man, kills his puppy by being too rough with it #4 The Prologue in Game of ThronesIf youve read George R.R. Martins Game of Thrones, you know just how vital the prologue of the series is- they even recreated this perfectly in the HBO show.The White Walkers in Game of Thrones are among the biggest threats in the world Martin has created. They become the center of conflict and dread.Martin foreshadows this from the very, very beginning by narrating some men venturing beyond the wall, all thinking the White Walkers are just a myth- a legend meant to scare children at bedtime.The end of the the prologue in Game of ThronesDuring this prologue (spoiler alert), all the men, aside from one man of the Nights Watch, are killed.This single man runs away (from The Wall) and is intercepted in Winterfell as a deserter, where he tells this story to those who dont believe him. This is the key foreshadowing moment of the potential horror the white walkers induce in this series.The Power of Foreshadowing and the Writer’s 6th SenseLet’s talk about one of the greatest plot twists in modern cinematic history: The 6th Sense.Before I go on, spoiler alert!.. you have been warned!If we weren’t prepared for the surprising fact that Bruce Willis’ character was actually dead, we’d meet that final, climactic reveal with confusion and anger. Instead, M. Night Shyamalan painstakingly prepares us with visual effects like one’s misty breath when a ghost appears, he has Haley Joel Osment tells out outright that some ghosts, â€Å"Don’t even kno w that they’re dead,† and when the reveal finally happens, it’s met with a montage of all the moments that M. Night Shyamalan foreshadowed that shocking plot twist.And most of us still left the theatre going: â€Å"I didn’t see that coming.†What none of us did do was leave the theater disappointed or confused, saying, â€Å"Well that came out of nowhere.† Make no mistake, when used correctly, foreshadowing can be more of your most powerful tools in keeping your reader hooked.How to Use Foreshadowing in Your NovelThere are five common foreshadowing techniques that will never get old.Use them wisely and readers will be hooked for life (and give you those 5-star Amazon reviews).#1 ProphecyWith ultimate power comes ultimate†¦knowledge? Wait†¦that’s not right.But what is right is that as the author, you possess god-like powers over your characters. You make them do, say or think anything. You know what is going to happen to them down to the last word they utter. You’ve seen it all.You can see the future!Trouble is, it’s all in your head.That’s when you can use a prophetic character or event in your book to foreshadow what’s coming. It could come in the form of an actual prophet screaming from the hilltops that the ‘end is nigh’†¦ and then the end actually becomes nigh.Or some wise old man who says something like, â€Å"When I was a young lad, those dark clouds meant a storm was coming.†One example of this foreshadowing in books is Professor Trelawney in J.K. Rowlings Harry Potter.Professor Trelawney is seen as a fraud by many (if not all) of her students, particularly when she has her episodes. However, Rowling wrote this in such a way that you as a reader also dont believe what shes saying is truewhen in fact, it is.Whatever you choose to do, use your secondary characters in your book to prophesize (foreshadow) events yet to come.# 2 Chekov’s Gun There is an old rule in writing, known as Checkovs Gun: If you see a gun in Act One, it better go off in Act Three.I find that the opposite is equally true. If a gun goes off in Act Three, you better have shown it earlier.By focusing on some detail, especially one that isn’t immediately obvious as important, you are essentially giving your reader a heads up that this will come back in some significant way later on in the story.A famous (non-gun) example of this is the Nightlock poisonous berries in the Hunger Games, as we mentioned in the examples above. At the climax of the book (spoiler alert), Katniss threatens to commit suicide by eating the berries.This is foreshadowed three times:First, at the beginning of the book when we see her out in the wilderness, foraging for food. We learn that she knows what’s poisonous and what’s not.The second time occurs at the Capital when she is training for the Games. In that scene, we actually read about Nightlock.The third time is when, during the Games, Katniss finds a dead tribute who accidently poisoned herself by eating the berries.We saw the gun, ahhh, I mean berries, several times before that big climactic moment.And because of that, we knew they’d be important (and we also didn’t think, â€Å"Well, isn’t that convenient† when they did show up.In other words, the author foreshadowed that big final moment.#3 OmensRed sky at night, shepherds delight. Red sky in the morning, shepherds warning.OK, so if your main character is a shepherd and it’s about to go down, then delight your readers with a dawn that lights the sky blood red.What are omens?Omens, or common cultural symbols, can be extremely effective tools when foreshadowing a coming plot point.Here are some examples of common omens in fiction:A black cat for bad luckA four-leaf clover for good luckWalking under a ladderFinding a penny heads upA crow symbolizing deathNOTE for foreshadowing with omens: You do n’t have to stick to omens from our world. Make them up! For example, if you’re writing a novel thats set in some magical kingdom or a distant planet, ask yourself, â€Å"What are the ‘omens’ they have?†It could be anything†¦ touching a Minotaur’s horn, seeing a mermaid, the three moons simultaneously appearing in the morning sky, etc.,†¦Just make sure that whatever you decide, you adequately explain it to the reader, too.#4 I Got This Weird FeelingThree characters walk into an abandoned cabin. One of them says, â€Å"I got a bad feeling about this†¦Ã¢â‚¬  and BOOM!You’re away to the foreshadowing races!Here’s the literary schtick: In real life, when your mom calls you because she had a bad dream about you getting hit by a bus, it’s just her being overprotective. (Jeez mom, chill. I’ll look both ways when I cross the road. I promise.)But in fiction, if a character’s mother calls them with t hat same bad dream, it better be foreshadowing events to come (or don’t include that little tidbit at all).#5 Outline your book for better foreshadowingIts very, very hard to drop foreshadowing hints if you have no idea where your book is going.For that reason, outlining your book will help you create much stronger (and sneakier) foreshadowing elements. Think of it this way: the more you know about your own story, the better foreshadowing bits and pieces you can leave behind in order to hide them better from your readers.#6 Flashbacks/Flash ForwardsSetting a scene outside of the narrative timeline can also be an effective foreshadowing tool.For example, you could have a flash forward scene with a sinking ship, then return to the story’s present time, three hours earlier, and the reader can watch with delight as the hero boards that very same ship.Oh boy- someone gonna drown!Or, a character could walk into a room and smell a strange, meaty odor that leads to a flashba ck of a time when he was fighting a gang of cannibals who were barbequing his buddy.Oh wait- someone is getting grilled!These elements are very helpful in creating foreshadowing but remember that flashbacks and flash-forwards should also show up elsewhere in your novel instead of just for a single foreshadowing event.So there you have it, foreshadowing and all its mighty powers. Use this tool wisely, young Padowan, and I promise, you’ll have your reader frantically turning the pages until the glorious end.Are you ready to write a bestselling novel?If youre ready to write a book that leaves readers with their jaws on the floor, heres where you can start.

Imperial Oil internal and external analysis to develop a strategy for Research Paper

Imperial Oil internal and external analysis to develop a strategy for the company for the future in regards their issues - Research Paper Example The Canadian government has made various restrictions in the oil industry in an effort to save the environment and thus the company faces various challenges in terms of freedom. c. The international Energy Agency states that by the year 2015, the company will only have the ability to produce around 3.4% of the amount of energy required and thus increased pressure on the Canadian government. a. One of the economic factors affecting the company is the high amount of funds required for the extraction of oil. This sets back the company very much provided the difficult economic conditions experienced by the industry contemporarily. b. There is also the competitive market that has affected the industry. This is from the confusion that the government has had in an effort to understand which sector of the economy to allocate certain funds. Bargaining power of customers: There exists a high negative effect of this on the side of the customer. This is from the fact that majority of the industry is a monopoly and thus only the people with a lot of money have the ability to sustain themselves and their requirements. Imperial oil as stated earlier is one of the most successful oil companies in Canada. Despite its highly placed position in the market, the company still faces a lot of competition from other companies. Royal Dutch Shell is one of the leading competitors for the company. The company with its headquarters at Hague has made numerous strides to maintain its position among the world leading companies in the sector. The other major group in its circles is BP. This is one of the oldest companies in the industry, which has made numerous branches all over the world including Canada. The fact that it has had a lot of experience in the field has ensured that the employee’s equities are higher and consequently the output is higher. Imperial oil is the highest in success rates as compared to the other companies. This is from the fact

Models of Organized Crime Essay Example | Topics and Well Written Essays - 500 words

Models of Organized Crime - Essay Example Thus, respected members of society: policemen or law officers are bribed and coerced into allowing these individuals to follow through with their plans. There are two models that seek to explain the presence of organized crime in society: the bureaucratic/corporate model and the patrimonial/patron-client model (Abadinsky 2003). This essay seeks to understand the reasons and influence these two models play on organized crime. The bureaucratic model survives on the tandem of efficiency. It is essential for large operations and activities. Thus, the individuals involved in conducting these organized crimes focus on bringing a degree of competence to the system to ensure it functions properly. This system works under Weber's definition of the various elements to an organization (1947). It needs rules, specialized training, division of labor and an authority. Thus the corporate model functions under one leader who is at the top according to the pyramidal system of authority. There is a system of specialized workers who function under this leader. And the authority maintains its power through various laws: vows of silence when communicating with a law officer. Thus, the larger the organization becomes, the more important it becomes to control it through this system of laws and power.