Placement Reflection On Caring For The Dying Nursing Essay

Placement Reflection On Caring For The Dying Nursing Essay When I told people that I was going to do my practicum with people who are dying I felt like an alien. And yet death is a part of the life process. Death is something that touches every individual and family but the reality is that we live in a contemporary death denying culture. To confirm this fact, numerous expressions are used to describe dying. To conceal fear of death people use euphemisms like, gone to meet his or her maker, gone on to a better place, passed on and numerous other expressions that do not engage the word died. The idea of doing my practicum at a hospice excited me because it was a new domain for me. I was ready and eager to apply theories learned into a practical setting. My placement experience provided me insight that as a social worker one is never better prepared to deal with death of a client or even ones impending death. I watched clients grapple with mental and emotional turmoil that comes with having a terminal illness and my religious perspective shifte d. While working with individuals who are dying can be complicated and stressful, it provided potential to bring countless personal and professional rewards which helped me challenge my own mortality. Philip Aziz Centre is a home hospice created as an alternative discourse addressing service users needs beyond gender or medical diagnosis. Services provided include practical, physical, emotional and spiritual support for people living with HIV/AIDS, cancer and other life threatening illnesses. Because bureaucracy is one of the tools of development that organizes and structures operations of any efficient agency, my placement is no exception. Autonomy of both worker and client is carefully regulated in relation to specific rules of behaviour. Hence, the importance of analyzing the potential impact organizations may have to exert power and influence on employees and clients (Handy, 1997). My placement agency like any other hierarchical bureaucracy provides both social care and social control. During my first few weeks, I recall being sceptical and uncomfortable about the spiritual component. This was because of an incident that happened a few weeks into my placement. I was assigned to work with the Chaplain to organize a retreat for a group of terminally ill clients who access spiritual care services from the agency. I started to increasingly feel uncomfortable when the Chaplain started to make unreasonable demands on me; that she wanted to pray for me. Ogbor (2001) contends corporate culture can be used to reinforce informal norms and can become an expectation on the part of employees that would be otherwise lost (p.594). Indeed, I felt lost in this religious dilemma and felt like I was in what Ogbor refers to as psychic prison. A mechanism often constructed by individuals to protect against internal tensions. It occurred to me that I was not only losing my sense of self but my identity was being manipulated through the prayer rituals. Couzen (2005) citing Foucault states that through norms individuals can be programmed by social institutions. This is because once there is dominance normalization makes dominance invisible. Hence, I found myself assimilating into the assigned organizational religious cultural values and norms. When I reflected on the theories of corporate hegemony, I became aware of the intersections of whiteness and the cultural imposition that was taking place. Why was I succumbing to what appeared as religious indoctrination? Was I being manipulated? Institutional patterns operate as techniques of power and domination (Ogbor, 2001). The imbalance of power was emotionally unsettling. Using Foucaults work to examine self-regulation, I take full responsibility for self-regulating and being complicit in my own domination. My failure to be critical about ideological practices that went against my personal beliefs and values gave the Chaplain permission to legitimize and enforce the prayer rituals. Thu s, techniques of domination intersect with self to produce what Foucault describes as governmentality. . The self-imposed surveillance constituted a form of internalized panopticon (Ogbor, 2001). As a result, self-oppression and conformity was hindering my project of freedom. My consciousness was provoked by this realization. The harboured angry feelings turned me into an ugly person. Unable to contain the anger, the situation exploded into a nasty confrontation with the Chaplain. Imagining that the Chaplain perceived me as a transgressor requiring to be saved by religion, I became what Zimbardo (1971) describes as a dangerous prisoner. I lashed out at the Chaplin; yelling and accusing her of trying to be self-righteous and ethnocentric. I regret this verbal altercation because it was not professional on my part. In retrospect, I realize that the factors influencing my angry reaction ran deeper and were political. I felt that as a person of colour, the Chaplain was using the historical colonial weapon of religion to save me from myself. I grew up during the apartheid and religion was sh oved down my throat from childhood until high school. Religion then was used as an ideological tool to teach Africans morals and civility. Thus, the very idea that the Chaplain may have been reproducing my painful colonial past made my blood churn. It is through such learning processes that my individual colonial past and fears manifest into a defence mechanism. This defence mechanism often times projects the deep colonial scars that lie deep inside. Now, I am aware that the residue of what happened in the past can mar my social interactions. For the most part, I have spent my life focussing on my painful colonial experiences of being treated as the Other and reacting negatively. I am aware that when a white person speaks I find myself analyzing every single word just to ensure that there are no racial connotations. This is a problem because it means that I enter into this conversation with strong biases and prejudice. I realize the need to look beyond my physical and psychological trauma in order to move forward. Nonetheless, I am encouraged by Bell Hooks (1990) thesis in Choosing the margin. Through practice, I have learned that we choose our marginal identities but are not confined to these rigid positions. I admit that I ha ve to change the way I speak. My language should not bind or fence in my dominator. Because words have meaning, I have to engage in meaningful and respectful dialogue. When the conflict with Chaplain escalated, I recalled the words of one of my professors in College that: conflict was healthy and a normal part of any human relationship. I knew that allowing conflict to escalate can limit opportunities to engage in open and respectful dialogue. But, for some strange reason, I allowed the conflict to fester for too long. I lost the learned key conflict resolution principles of using the I statements rather that you statements. In fact, I cast blame on the Chaplain and turned myself into a victim; a principle we learned in the first year that it did not exist because power is everywhere. A fact I later disproved by exercising negative power through yelling at the Chaplin. Lessons from Foucault came into focus that power is not always repressive because it is relational. Eventually, I took ownership of my role in this particular conflict, an opportunity that enabled me to step back from the emotional attachments that went with the religious disagreemen t. This introspection allowed me to seek help from my Faculty Field Supervisor. It was after my meeting with my Faculty Supervisor that I began to reflect on my own behaviour in the whole process. I took ownership and apologized to the Chaplain for behaving in an unprofessional manner. I was able to convey to her my feelings about the situation and the matter was resolved amicably. She in turn apologized because she had not realized the implication of her behaviour. She immediately stopped bringing the idea of praying for me in our work relationship; a decision that I appreciated because it allowed my individuality and growth in my practicum. I must admit that this conflict was a driving force for my improved performance in my practicum. My relationship with the Chaplain turned into a healthy and positive experience which led to better team decisions and more creative ideas. My Faculty Adviser helped me realize the importance of taking a step back before reacting. In our meeting, I recall him advising me to use a critical reflective approach as a tool to resolve practice dilemmas in a constructive way. This useful advice was turned a somewhat poisoned environment into an amenable situation. Through dialogue this situation was resolved and my relationship with the Chaplain became cordial. In fact, she became one of the people I sought advice from as I encountered my clients struggling with the meaning of life after a terminal diagnosis. Through this experience, I gained insight into my workplace, my colleagues and myself. I was able to identify my own assumptions and biases about religion which was interfering with my professional practice. I have learned that spirituality is an essential component of the bio-psycho-social framework particularly in palliative care. Identifying spiritual assets and strengths can help clients cope with or solve problems. The conflict with the Chaplain was pivotal in my self-awareness and consciousness raising as I pursued my journey with Grace, a fifty year old woman battling terminal cancer. My journey with Grace (pseudonym) gave me prose to think about the meaning of life. As a social worker, my client taught me that when a life threatening illness such as cancer confronts us, it is the realities of death and questions about life that prompt us to step back from our lives including theory. Ironically, my perspective on realities of implications of a terminal illness emerged from spiritual and philosophical orientation. It became evident that the end of life was one of the most important times for a social worker to address spirituality. In this process, I discovered that spirituality is an essential yet undeveloped component of cultural competence. My interaction with my client led me to examine spirituality as a form of cultural competence. Spirituality represents a potential influence on emotional well-being of the cancer patient as well as the family members or caregivers. As Graces cancer progressed she confronted me with a myriad of questions. When Grace said why me? Why now? My social work textbooks could not provide practical solutions. What do you tell someone asking you why she is dying? At that moment, I realized that cancer causes not only physical but mental, emotional and spiritual suffering. I discovered that some clients find safety in discussing spiritual issues with a social worker because of the professions lack of alignment with a specific religious or spiritual base (Healy, 2001). However, as a social worker, I felt challenged because my training does not incorporate the topic of spirituality as part of service provision. But, through our interactions, Grace was able to teach me that spirituality was in fact a significant part of ones cultural identity and can be a source of healing. Healy (2001) provides helpful account of benefits of spirituality in palliative care. My experience at Philip Aziz made me aware of the importance of spirituality in social work practice. Healy argues spiritual issues are often apparent in palliative care and require social work to extend practice which may at times be limiting because of opposition by some proponents who argue that religious and spiritual care are incompatible with the image of modern profession (p.85). The incident described above, allowed me to reflect on my own practice and confusion arising from my failure to understand the difference between spirituality and religion. Working with Grace raised my consciousness in understanding that spirituality refers to search for meaning and mutually fulfilling relationships. Religion on the other hand is often an organized activity for the expression of faith. This distinction helped me to be reflexive and draw on social work theory to come up with creative solutions to help my client. I was able to explore a broad range of practice options for my client. For example, conducting a needs assessment helped to identify my clients strengths and capacities that were evidently invisible because of my resistance to spirituality as a form of intervention. Despite the fact that cancer was ravaging her body, Grace was able to let me know that her priority need was working on spiritual distress she was experiencing. Integrating spirituality in my work practice presented incredible effective cross cultural communication techniques in palliative care. Using the strength perspective framework, she was able to articulate her hopes for the future in our relationship. I discarded my idea of seeking to remedy her personal cancer pathology and focussed on her need. Our relationship blossomed until Grace died peacefully on February 26, 2010. Because Grace was Jewish, I had the honour to be invited by the family to what is called a Shiva, an occasion for family and close friends only. I learnt that in Judaism, a person mourns for a relative in seven stages. The mourners sit on low stools throughout that period to symbolize the mourners awareness that life has changed. The low chairs shows desire to be close to the earth in which the loved one was buried. Finally, I concluded that social work and spirituality had much to learn from each other. I learnt that death is central to the meaning of human life and provides a backdrop against which life is lived. Throughout this process, my greatest learning outcome came from understanding that as a social worker my role is not to work miracles but to provide support and actively listen. To help people discover their own strength rather than an attitude of rescuing them. I will value taking fifteen minutes of my every day to reflect on how my actions negatively or positively impact everyone I come into contact with. This reflective process will enable me to avoid pointing fingers to other but at myself and find ways to change whatever needs to be improved.

Obama’s Education Promise, a Rhetorical Analysis Essay

â€Å"Education is the best provision for the journey to old age.† – Aristotle Today, 314.5 million people call themselves Americans. Each of them, with God permitting, will make the journey to old age. However, in this huge set of individuals, roughly fifteen percent of adults over the age of twenty-five have not received a high school diploma (â€Å"Educational Attainment in the United States: 2009†). By itself, this percentage feels rather small, and so we as Americans pride ourselves in our educational system. After crunching the numbers, however, this measly percentage actually represents twenty-nine million Americans, twenty-nine million individuals who lack an accomplished high school education. Aristotle would be displeased to say the least. In 2008, then senator Barack Obama delivered a speech to the Mapleton Expeditionary School of the Arts titled â€Å"What’s Possible for our Children.† Though intended for his election campaign, the speech also reflected this introduction’s attitude, calling attention to the gaping holes in American education. More specifically, however, Obama promoted educational reform based on a three-point platform: â€Å"fixing† No Child Left Behind (an act which encourages state standardized tests to measure and regulate primary and secondary education in the United States), encouraging teacher reforms and furthering teaching employment, and increasing opportunities for minor ethnicities and other disadvantaged students. In retrospect, his speech met with great optimism and is often quoted by leaders in education. To explain this speech’s success more fully requires an analysis of Obama’s seasoned rhetorica l strategies, of ethos, logos, and pathos—respectively, as well as an explanation of how each of these three strategies establishes an effective speech. Obama sprinkles ethos, or ethical proof, throughout his three-point platform. In doing so, he gears his audience’s attention towards his assessment of the ethical standards in American education to inspire  motivation and change. For example, in the introduction, Obama states, â€Å"This kind of America is morally unacceptable for our children† (qtd. in â€Å"Full text of Obama’s education speech†). Through this statement, Obama assumes the role of an ethical mediator; he creates situated ethos whereby, as a presidential candidate, he has the power to tell us as a society where we are correct and where we can improve. By equating American education with moral irresponsibility, he calls society to consider the issues he addresses later in his speech. One such issue is No Child Left Behind, his first premise. In discussing the problems within the act passed by former President Bush in 2001, Obama repeats the phrase â€Å"we must† almost religiously. Must is a strong word choice; it implies an obligation to something. As an audience member, we make the connection that the obligation is precisely what Obama stated in the introduction. We must make our educational standards higher for our children; thus, we become motivated to fix No Child Left Behind. Likewise, in his second point, which promises teacher reforms and employment, Obama begins with a simple commonplace: Individuals who do good jobs should be rewarded. Using the ethos from his introduction, he concludes that teachers who do good jobs should be rewarded, which gives motivation for teachers to do well. Obama even goes so far as to inspire change in education among ethnic minorities, his final point. In this point, he calls upon hope—hope that disadvantaged students will one day rise from the bottom with his new learning opportunity programs. His optimism and confidence calls us, his audience, to change. Obama further generalizes this notion of change during his conclusion when he states, â€Å"We have to hold ourselves accountable† (qtd. in â€Å"Full text of Obama’s education speech†). By holding the audience accountable, educational reform becomes both a private and public matter. Therefore, the audience, 314.5 million Americans, feel more personally compelled, motivated even, to follow his advice—to change No Child Left Behind, to reward teachers for good work, and to give more opportunities to disadvantaged students—to reform much of the current educational model, in effect. Logos and pathos, however, are still needed to solidify such an undertaking. Realizing he is delivering a speech about education, an intellectual topic, Obama adds several textbook examples of logos, or logical proof, to his  speech. Simply put, after he explains the unacceptable educational current model to his audience using ethos, he uses logos to depict the reality of how unacceptable the system is. In his introduction, for instance, Obama equates knowledge to the â€Å"currency† of the Information Age, stating that an individual should use his or her knowledge to â€Å"sell† himself or herself to a career position. A cause-and-effect relationship soon follows to support this extended metaphor: â€Å"If the more than 16,000 Colorado students who dropped out of high school last year had only finished, the economy in th[e] state would have seen an additional $4.1 billion in wages over these students’ lifetime† (qtd. in â€Å"Full text of Obama’s education speech). Logically, we as the audience then deduce that education , in reality, is profitable. It is in our interest to be well-educated, but as of now, we are losing money from being uneducated. From there, Obama makes a more explicit logical deduction to support his first premise. If we as Americans want to help the economy, we should fix No Child Left Behind. His logical reasoning for fixing the program stems from its seemingly insufficient economic policy, which stifles the paychecks of teachers who we as a society want to inspire. Because of such, he suggests that, while No Child Left Behind’s goals are noble on paper, its functional mechanics are illogical and unacceptable in the real world. By doing so, he gains more support from educators and economists. Obama also uses logos in his third premise, albeit implicitly. Back in the introduction, Obama quotes the following from Thomas Jefferson, a well-respected president from American history: â€Å"[T]alent and virtue, needed in a free society, should be educated regardless of wealth or birth† (qtd. in â€Å"Full text of Obama’s education speech). Obama knows that the general public will agree with anything Thomas Jefferson says because he is so well respected in American history. Therefore, when he discusses the current issues of ethnic minorities, he conjures support from a broader spectrum of Americans because he is in accordance with Thomas Jefferson. In that respect, he is able to use logos as a means to show the unacceptable truth behind the educational system—to showcase the relationship between revenue and education as well as highlight student-teacher discrimination—to the widely diverse American people. Among all the strategies Obama uses in his speech, pathos, or emotional  proof, is the most commonly used, especially in the introduction and conclusion. The reason for this distinct placement of pathos is elementary: In order to grab the audience’s attention and illustrate the realities of America’s educational system, of which both processes require ethos and logos, Obama must connect to the audience’s emotions—to bring about changes in thought and heart. His most effective strategy that does so is his appeal to children. Countless numbers of times, Obama urges us as older Americans to provide better education for our posterity. By doing so, he uses our unconditional love for children, perhaps seeing our own children in other children, in a way that grabs our attention so that we may listen and critically think about what he has to say regarding education. On top of using the obligation to children as the basis for attention, Obama also invokes imagery during his oration. An example of this imagery is found in his third premise: â€Å"When they [students at disadvantages] look around and see that no one has lifted a finger to fix their school since the 19th century, when they are pushed out the door at the sound of the last bell—some into a virtual war zone—is it any wonder they don’t think their education is important? Is it any wonder that they are dropping out in rates we’ve never seen before?† (qtd. in â€Å"Full text of Obama’s education speech†) The very thought of a neglected child, or a child in a â€Å"war zone† for that matter, tugs at the hearts in the audience. By using such imagery in the third premise, the audience is helpless, for not many people can resist such raw emotion. The audience’s helplessness makes them vulnerable to changes in thought. In this case, the audience’s thoughts will largely favor Obama’s intent to dampen the disadvantages of ethnical minorities and mentally handicapped students. To conclude his emotional journey and to leave his audience emotionally â€Å"fulfilled,† Obama taps into the biggest patriotic commonplace in America—the â€Å"American dream.† He takes the one idealistic value that all 314.5 million Americans hold in common and equates the chance to educate oneself with that core value. It leaves a powerful, lasting impression on his audience and, alongside all the other pathetic strategies mentioned previously, heightens the audience’s interest in investing in educational reform. Hence, after looking extensively at all these different strategies at work,  is it any wonder why the speech did not meet with such critical acclaim? Ethos persuaded us as the audience that our educational system was ethically unacceptable. Logos described the current state of the educational system in a way that made us want to change it to Obama’s standards. Pathos sweetened our perception of that change, making us believe that educational reform will correct the current unacceptable model. Together, the three major strategies mixed in just the right proportions to yield instantaneous changes in audience perception and evaluation of America’s educational standards. It created waves which propagated Obama’s educational reform ideals to all parts of the United States. In fact, these waves continue to ripple throughout the American political arena; one needs to look no further than the 2012 presidential debates to confirm such a statement. Ultimately, education is on the minds of everyone, as well it should be. True as it is to say that agriculture started civilization, it is equally as true to say that education started modern civilization. Therefore, we as citizens of the entire world should be concerned with the development of our education, for when we lose our education, we lose our modern civilization. Aristotle is correct. As humanity matures, it ages. How does humanity mature? It educates itself. Without education the future remains uncertain, for there are no provisions to account for the uncertainty. As Americans, all 314.5 million of us would like to believe that the future of our nation is determined to stay. To claim such a belief with any amount of certainty, however, requires all 314.5 million individuals to be educated. Until then, we continue to build provisions for the hazy future that awaits us. Works Cited â€Å"Educational Attainment in the United States: 2009.† U.S. Census Bureau. Feb. 2012. Digital file. â€Å"Full text of Obama’s education speech.† denverpost.com. 2 Dec. 2008. Web. 2 Oct. 2012.

Is Money Truly Not Buy Happiness - 1457 Words

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International Relations ( Ir ) - 983 Words

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If a state is powerful, that state willRead MoreIr and Glocalization1154 Words   |  5 PagesIr and globalization CONENT: Introduction Body 1. What is Globalization and how it is related with the International Relations; 2. Advantages and Disadvantages of the Globalization; 3. Effectiveness of the Globalization Conclusion NTRODUCTION In my work I talk about the Globalization and its relation with the Globalization where I dwelled upon the Globalization. In the second part I did survey and focused on the advantages and disadvantages of globalization as the statistics show.After hammering

The Place God Should Tread Lightly - 1816 Words

Luis Acosta Honors English 10 Period 1 April 7, 2017 The Place God Should Tread Lightly Education is a right to all of mankind as the possessing the knowledge of the world, its history, its nature, the various cultures present throughout its areas, and the way man is able to manipulate it for his or hers own benefit is crucial in today s modern society. Yet no matter how many cultural aspects are forgotten or grown out of as the human race advances further, a continuation of human culture remains to be religion and its various scales of its presence in different regions. In the United states, religion is not favored nor looked down upon, but rather, using Enlightenment ideas such as liberty, the country is meant to be religiously†¦show more content†¦There began a massive claim that the people wishing for free religious practice in school have begun to be attacked on the basis of freedom of religion which they view hypocritical as it counteracts freedom of religion and rather is making the people fight for an absolutely secula rized school. Individuals claim that the establishment clause stated within the First Amendment of the Bill of Rights does not prohibit a sort of religious discrimination within public schools; but rather a tool for people to abuse as a means secularizing the country, no matter how constitutionally abiding the practices may seem . Another point that is expressed is the lack of exposure religious children are able to receive outside of home or church which is feared will lead to the children ignoring their religious values (Bender 124). It is this lack of exposure where several individuals derive their concerns and overall aspirations to place religious influence on public education. It is theorized that as time passes the the importance of religion continues to fade, less people are introduced to what is believed to be the ‘good morals’ religion could provide which could have lead to the increase of social issues in young adolescence, such as crime, violence, drug and alcohol abuse, etc. the overall argument is that there is no goal of radicalizing children to one specific religion, rather opening the option to those who do wish to express their religious devotion without having an illShow MoreRelatedComparison Of Emma Watson And Tim Watsons Speech941 Words   |  4 Pagesthe media. 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Psychotherapy in this case, would be the long-term goal of how to explain to the children that mom is not gone forever but has homework to do. Mom then should be working on herRead MorePersuasive Essay About My Best Friend1938 Words   |  8 Pagesto senior year; class of 2018. Now that she finally got her licence, she has been able to come to my house, almost every day, for a new, grand adventure. But even though I love going on adventures with her, I have told Jackie multiple times that we should stay home, watch a movie, live a quiet life for one night, but it never works. She says we have to spend the rest of our senior year making memories together, not that I mind at all, since we probably will be too busy during college. And being herRead MoreEssay about The Morals and Ethics of Genetic Engineering3310 Words   |  14 Pagesare left to question whether the change brought on by such a discovery bring benefits and positive change, or damage and destruction. Genetic engineering is justified through applied bioethics and despite arguments against its societal implantation, should be fully utilized in efforts to develop into the 21st century. Genetic engineering refers to the technology used to alter and transport genomes and organisms, effectively shaping them to the desire or will of the geneticist. Genetic engineering canRead MoreThe Long Distance Relationship Essay2233 Words   |  9 Pagesteeth, pack bag, good and with time to†¦ oh crap that’s the bus. Run, run, run, run, can’t be late for the bus again. Run, run, run, okay I made it fwewww. Do I have to sit by this kid? Ugg fine. You better not touch me with that finger. I swear to god I will hurt you. Don’t, don’t you. Yeah you better get away from me. Wait is that the school? I thought I bribed that driver to get lost. Oh well I would have ended up here anyway. Okay now how do I get into this line. Let’s just step right in frontRead More Popes An Essay on Criticism4464 Words   |  18 Pagespoem and made it a part of speech: A little Learning is a dangrous Thing (205); To err is Humane; to Forgive, Divine’ (525); `F or Fools rush in where Angels fear to tread (625). And several more. Next to Shakespeare, we may recall, Pope has contributed more to our common language than any other poet. It is a gift not lightly to be dismissed. One primary complaint against the work is that it plagiarized the ancients. Lady Mary Wortley Montagu offered this old-style comment: I admired MrRead MoreGroup Therapy Ethics4493 Words   |  18 Pageslicense. In this case, the member may be resentful that they have to be in the session and cause problems for the group. This can make other group members uncomfortable. The members would not trust each other and meaningful work would not take place due to this. 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Advantahes and Disadvantages of Public Transport Free Essays

Advantages and disadvantages of public transport This is a website informing towards young people some advantages and disadvantages of public transport. Many of us are in these days use our own vehicles to get to our destination and utilizing it as our ‘daily use’, whereas numbers of public transport are reducing since many people are passing their driving test and buying their own cars. This is leading to pollution in the Earth; hence I will be mentioning some advantages and disadvantages of public transport. We will write a custom essay sample on Advantahes and Disadvantages of Public Transport or any similar topic only for you Order Now Firstly, I will be talking about the disadvantages of it. Disadvantages Delay Public Transport causes some passengers to wait at the station or at the bus stop, which really wastes a person’s valuable time. It may also lead someone losing their job. If there’s bad weather i. e. snow, rain etc, then a person can’t get any heating system in the bus stop nor can he get it in the train station. This can be another reason for falling into a serious illness of someone. In this case any children or any other adult person will lose out on something which is really essential. Safety/Security One of the disadvantages of public transport is that they do not check a person’s bag or properties if there’s any dangerous property, like the way it gets done in the airport. Therefore, public transport gives everyone the opportunity to ride in it safely. Therefore, there could be any terrorist attack or hustling if someone uses the public transport, due to that number of people die this includes children as well. Many people return to their destination and they end up losing their property. This situation everyone faces, especially when there’s people are packed inside the bus or train. Comfort/Hygiene/Cleanliness Public transport doesn’t make anyone feel comfortable nor does it make anyone feel hygienic. This causes because of those people who smokes, stays dirty and like to vandalise those items due to these it put up a bad image on public transport. Not everyone abide by these rules and it makes other people influenced when they see a person doing those bad actions. Only one or two of us decide to take action upon it, whereas the others don’t really care since they are riding it only for temporary time. It’s more likely for a person to get seriously ill, because of the condition of a bus, train and trams etc. Most of the time you see the bus or the train is littered with rubbish, alcohol bottles which is not very nice to see. Privacy In public transport there isn’t privacy to occupy yourself in: – reading books, sleeping, doing your work etc. There are a lots of time you can get find someone who is really irritating. Unlike if you have your own car then you can get whoever you want and reject the unwanted passenger. Nevertheless, when using public transport so many people huddle around and try to steal one’s property. This makes it really uncomfortable for the one to use the public transport, due to the lack of privacy. Whereas, in your own car there are no crowds or nothing which will irritate you, but instead you can occupy yourself in some of your own activities. Embarkation Point Additionally, if a person desires to use public transport then he has to go to a specific embarkation point. An embarkation point is where the buses, trains etc leave from. This could be a great hassle for a person who has a lot of luggage to carry, and it might also make someone miss their bus or train. This can cause a lot of problem for a person’s study or work. The vehicle won’t start whenever you want it; there are specific timetable for their departures. Sometimes the vehicle stops at a different embarkation point or at the wrong embarkation point due to some road works. This is the main cause of people who are losing out in their works. Advantages Safety Public transport tries as much as possible to provide their best services for the public. They have provided safety and security for the passengers, by putting: – CCTV cameras, fire alarms, fire extinguishers etc. ost of the time crime takes place and it causes the public to avoid using it. Unlike one’s own car there is no safety, and a driver would only keep some spare tyres and tools only for his car. Time saving Public transport allows you to be punctual by knowing its specific timetable. This can cause you to be on time for catching up on your ‘essential needs’. There are other tran sports which don’t have to stop themselves in the traffic due to them having some specific routes e. g. train, trams. This makes it really effective, as well as time saving. They run at the speed of 150m/h. In the same way the buses have some specific routes to run on. Unlike, if a person owns his own car then he has to wait for the traffic, and it can cause a lot of problem. Conclusion In conclusion, I think that public transport is really ideal for the whole of the public. By looking at its advantages, it shows the how can a person can attain benefit out of it. Therefore, I recommend that all public should start to use public transports as it can bring a lot of benefits to us and the Earth. It also reduces the amount of pollution the Earth is facing. How to cite Advantahes and Disadvantages of Public Transport, Essay examples

Business Law Study

Question: Discuss about the Business Law Study ? Answer : Introduction Legal opinions are very important as they set the stage for a vigorous legal battle. It explores different options an aggrieved party can follow to receive redress on any question of law. The format of writing legal opinions varies from case to case. In this paper however, the opinion has been discussed using the ILAC format. The issues in this scenario is whether Brad acted beyond his powers as an agent when he ordered 30,000 litres of fuel from Caltex in total disregard of Tinas express instructions and whether there was breach of contract by Tina on refusing to accept delivery of fuel from Caltex. Law An agency relationship describes situations where a party known as the principal gives another party called the agent the authority to deal on the principals behalf with third parties. For an agency contract to arise, the principal should have the capacity to contract. The actions of an agent bind the principal so long as the agency is still in force. The agent has a limitation on the range of duties he or she can perform. The agency agreement is limited to the express instructions of the principal. Where an agent act outside his or her powers, it is said that he has acted ultravires and those contracts entered into outside his powers do not bind the Principal. The agent has the authority to act for the benefit of the principal. He or she should not carry himself as the principal in any transaction. He has the duty to account to the principal on all the profits he or she makes during the course of the agency. An agent is also required to employ the use of reasonable care and skill in the performance of the delegated duties. He should not act so negligently so as to expose the principal to unnecessary legal action. In the case of Collen v Wright (1857) 8 E B 647, the agent was held liable for purporting to enter into a contract with a third party though he had no authority to do so. The agency agreement is terminated by the principal at any time or when the duty to be done under the Agency agreement has been accomplished. It also comes to an end when the agent resigns. Analysis There is an oral agency agreement between Tina and Brad. The agency arises when Tina contracts Glandular fever and appoints Brad to order fuel while she is way. Brad carries his instructions as directed and orders fuel from Caltex after every fortnight. However, when Tina returns, the principal-agent relationship ceases to exist at that time he is informed by Tina that normal operations would resume and he will no longer order fuel from Caltex. This is a case of termination of an agency agreement by the principal. In disregard of the express instructions, he goes ahead and orders 30,000 litres of fuel from Caltex which Tina refused to pay. At this point, the agency agreement no longer exists as it has been terminated by the principal. Tina and Brad had an agency agreement which was to subsist when Tina was away through sickness. Tina is no longer sick and has resumed her duties as a sole trader. She terminates the agency agreement between her and Brad. By Brad ordering fuel from Caltex, he is acting on his own capacity and not as an agent. He is therefore personally liable. There is no breach of contract on the part of Tina. Caltex are therefore free to pursue a claim for damages and breach of contract from Brad. The issue in this scenario is whether there is an agency relationship between Tina and Paul and if so, whether Paul breached any of his duties as an agent especially the duty to account or the duty to act in good faith. The law of agency imposes duties on the agent. The agent acts on behalf of the principal and therefore there are duties attached to that kind of relationship that should not be breached. An agent is a person with authority to act on behalf of another, the principal in a transaction involving third parties. The duties imposed on agent are fiduciary in nature. The agent is in a position of trust giving rise to duties to the principal. The agent is required to act in the best interest of the principal in every transaction he is involved in. this duty requires the agent to use his knowledge and skill and diligently negotiate with the third party on terms that are to the advantage of the principal. An agent would be in breach of this duty when he contracts in a manner that benefits him and not the client. In the case of McPherson v Watt (1877) 3 App Case 254, the principals wished to dispose a property and wanted to put an advert to that effect. The solicitor informed them that he was capable of finding a buyer. The solicitor then arranged for his brother to put a bid for the property. He bought it and later conveyed it to the solicitor. The principals discovered what had transpired, they sued their agent, the solicitor and the transaction was set aside because the agent was found to have acted in bad faith. Common law also prohibits an agent from making profits or to acquire a benefit out of the agency relationship without the consent or knowledge of the principal. The profit is known as secret profit and is not limited to money only but also includes anything that has value. Where an agent makes a secret profit, he is supposed to account to the principal for the said profit and any other remedy that accrue from breach of the duty of an agent. In the case of Reiger v Campbell Stuart (1939) 3 All ER 235, a principal sought to purchase a property. He asked one of his agents to find a suitable one. The agent found a property for worth $ 2000. He never informed the principal about the property but arranged to buy it himself through his brother. He later sold the same property to the principal for $ 5000.the principal on learning of what transpired, he sought to recover the secret profit made by the agent and he was successful. Paul has been employed because of the experience he has in the business of motor vehicle sales. That special knowledge he possesses gives Tina a reason to trust him such that she entrust him with the business in the yard. He is Tinas agent for that matter. Paul has learnt that his next door neighbour is in need of purchasing one of the vehicles in the yard for a price higher that the declared price. Paul is aware of this and misrepresents to Tina that he himself is in need of the same van. He then sells it at a profit which he does not disclose to Tina. That is a secret profit made in disregard of the fiduciary duties he owes to the Principal. Paul as agent with special knowledge entrusted with the duty to act on behalf of Tina disregards the fiduciary duties he owes the principle. He did not act in good faith when he presented himself to buy one of the vans in the yard just to sell it to a third party at a profit. He therefore did not act in good faith and in the process, made secret profits. He is therefore liable to account for the secret profits made as well as any other remedy resulting from breach of the duty he owed to the principal. A partnership refers to an association between two or more persons who contribute money in order to conduct a business for profit. A partnership is not a separate legal entity. The partnership and the partners are not separate. A partnership shares both profits and losses incurred. The issue in this case is a determination whether xyz acted beyond his powers and if so whether the partnership is liable or bound by actions of another partner acting ultra vires. A partnership is considered as a special type of Agency relationship. This is because a partner acts on behalf and for the benefit of the partnership. It was held in the case of Lang v James Morrison Co Ltd (1911) 13 CLR 1 at 11 that when agents contract, they do so on behalf of another. They act as agents. A partnership is said to exist where there are two or more persons who carry out business in common with a view of making profits. The business must be carried out by or on behalf of the partners. Where the partnership agreement clearly states the extent of transaction that a partner can engage in on behalf of the partnership, the said partner should abide by the express agreements. A partner acts or is in a fiduciary relationship with the partnership. He should act therefore in the interest of the partnership. For a transaction to bind the partners or the partnership; Partners can only be bound to any transaction made with a third party when the person making such transaction is a partner. If the transaction is made by another person apart from the partner, the other parties do not owe any liability. This is a question of fact. A partner should not enter into a transaction for the provision of goods and services outside the business of the partnership. In the case of Polkinghorne v Holland (1934) 51 CLR 143, the plaintiff, a client to a law firm consisting of three solicitors. The client received professional legal advice from one of the partners about an investment venture in which the partner had developed some interest. The investment failed terribly, prompting the Plaintiff to bring an action for damages. The court had to determine whether the remaining partners could be held liable. The main issue was whether the two innocent partners were liable for her loss. The court found for the plaintiff because giving of legal opinion was in the course of duty and therefore he acted on behalf of the partnership Partners owe each other fiduciary duty which include; The duty to act in good faith To account for all the information and assets in the custody of a partner To avoid conflict of interest the duty to account for any profits This is a partnership business consisting of four persons carrying on a common business with the expectation of making profits. Thy have a partnership deed which sets the agreement between them. Quite notable is the set value above which any partner should not exceed in contract negotiation with third parties. However, Simon enters into a contract to purchase a 500TB storage device costing $120000 in disregard of the set $ 100000. He orders for a used ute, for $ 9000 though the partnership had not shifted to another form of business. The remaining three partners are confused as to the suit. A close examination of the case brings out the acts by Simon to be outside the partnership agreement. Conclusion The four persons are partners carrying on a common business with the view of making a profit. However, one of the partners has engage in two different transactions that have gone beyond his powers as contained in the partnership agreement.. He acted ultra vires. The other partners are within their right to refuse delivery and therefore, Simon is individually liable to pay damages from his own account since the remaining partners were never involved. References Tomasic, R., Bottomley, S., McQueen, R. (2002). Corporations law in Australia. Sydney: Federation Press. Duncan, W. D. (2012). Joint ventures law in Australia. Annandale, N.S.W: Federation Press Tomasic, R., Bottomley, S., McQueen, R. (2002). Corporations law in Australia. Sydney: Federation Press. Gillies, P. (2004). Business law. Sydney: Federation Press Burton, G. (1991). Australian financial transactions law. Sydney: Butterworths Fletcher, K. L., Fletcher, K. L. (2007). The law of partnership in Australia. Pyrmont, NSW: Lawbook Co. Fletcher, K. L., Higgins, P. F. P. (2007). Higgins and Fletcher The law of partnership in Australia and New Zealand. Sydney: Law Book Co Carter, J. W. (2012). Cases and materials on contract law in Australia. Chatswood, N.S.W: LexisNexis Butterworths Graw, S. (2008). An introduction to the law of contract. Sydney: Lawbook Co Atiyah, P. S. (2011). An introduction to the law of contract. Oxford: Clarendon Press. Paterson, J. M., Robertson, A., Duke, A., Heffey, P. G. (2012). Principles of contract law. Pyrmont, N.S.W: Thomson Reuters (Professional) Australia Furmston, M. P., Cheshire, G. C., Fifoot, C. H. S. (2012). Cheshire, Fifoot and Furmston's law of contract. Oxford, United Kingdom: Oxford University Press Pittard, M. J., Naughton, R. (2014). Australian labour and employment law. Oxford: Clarendon Press Sykes, E. I., Yerbury, D. (1980). Labour law in Australia: Volume 1. Individual aspects. Sydney: Butterworths Sappideen, C., Macken, J. J. (2011). Macken's law of employment. Rozelle, N.S.W: Thomson Reuters (Professional) Australia. Owens, R. J., Riley, J., Murray, J. (2011). The law of work, Sydney: Butterwort