Wednesday, July 31, 2019

Home Video Game

1: Why the rapid growth of Atari? Why the 1982-85 collapse? How did Nintendo rebuild the industry? What was its strategy? After Bushnell settled on Atari, his first built was the simplest game, which people knew the rules immediately, and this game could be played with only one hand. Then, Bushnell talked his way into a $ 50000 line of credit from a local bank to start his business. By 1974, 100,000 Pong-like games were sold worldwide, and although Atari manufactured only 10 percent of the game, the company still made $3. 2 million that year. Atari had a rapid growth because it is a new industry, and Atari does not have any competitor at that time. So, Atari is the only company in this home video game industry, and it has a huge power of supplier with no competitors and substitutes. After 1976, about twenty different companies were crowding into the home videogame market, Atari still has more than 50% market share in the industry. Until 1978, Atari estimated that total demand would reach 2 million units. In 1982, Atari lost $500 in the first nine months of the year. Part of the blame for the collapse was laid at the feet of an enormous inventory overhang of unsold games. With more and more new games hit the market, the average price would goes down and the profits goes down as well. Nintendo established a commanding worldwide position by the end of the decade. The first step of Nintendo was to license video game technology from Magnavox. Then, Nintendo tried to develop its own video game machine (Famicom) that combined superior graphics processing capabilities and low cost. In the US, Nintendo established a subsidiary named as Nintendo of America (NOA) by 1980, and Nintendo repositioned the market in U. S. NOA spent about 2% of sales budget for advertising and also sought out promotion partner, and it practiced careful inventory management in releasing its new games. In conclusion, Nintendo made an innovative new game system which had some competitive advantages such as cheaper, superior image quality, faster hardware processing and a connector that can be used for future addition of a modem and keyboard. : How was Nintendo able to capture value from the home video game business? First of all, with the video game industry’s collapse, none of the company seems to have anything to do with the with the home video business except Nintendo. So, it was a big chance for Nintendo to monopolize the video game business, and it was a good chance to negotiate and license other companies to develop games for its system. Secondly, Nintendo has good market posi tion and distribution in United Stated. Thirdly, Nintendo has good game designing and technology, and it uses the regulation, contract and patent license to limit the market share of other game companies. 3: How was Sega able to gain market share from Nintendo? With Sega’s first game Periscope, Sega built up a respectable export business. Then, Sega realized that great games drove sales and more powerful technology gave game developers the tools to develop more appealing games. Sega also licensed other companies to develop games for the Genesis platform, but asked for lower royalty rates than Nintendo. Despite aggressive marketing in the 80s, it wasn't until the introduction of Sonic the Hedgehog in 1991 as a direct competitor to Nintendo's Mario character that Sega was able to capture a meaningful amount of the market with its Genesis console. The key point was Genesis does what Nintendo don’t, and Sega version out sold Nintendo’s two to one. 4: Evaluate the competitive strategy of 3DO. What flaws can you see in 3DO’s approach? The vision for 3DO was to shift the home video game business away from the existing cartridge-based format and toward a CD-ROM-based platform. The belief at 3DO is that the superior storage and graphics processing capabilities of the 3DO system would prove very attractive to game developers, allowing them to be far more creative. In turn, better games would attract customers away from Nintendo and Sega. The 3DO’s strategy was to license its hardware technology for free. However, only a few 3DO titles were available by the Christmas period where reports suggested 150 titles, and sales of the hardware were slow. As can be seen, 3DO did good at its software, but bad at its hardware. As a result, 3DO announced that it would either sell its hardware system or move into joint venture. 5: How come the Sony Play Station has succeeded where 3DO failed? Sony set up a retail channel separate from its consumer electronics sales force, and Sony has a good communication with retailers before the launch to find out how it could help them sell the play station. Sony targets its advertising for PlayStation at specific generation and age range. So, Sony focused on it retailers and customers, and it has a good market position. On the other side, 3DO only focused on its products but lack of the communication with its retailers and customers. 6: What drove Microsoft’s decision to enter the industry with its X-box offering? Because before Microsoft entered the home video game industry, it was no stranger to games. Microsoft had long participated in the PC gaming industry and was one of the largest publishers of PC games. X-box was based on Microsoft’s PC technology, and it would be much easier for software developers to write game for. Microsoft enter the industry because with annual revenues in excess of $20 billion worldwide, the home video game industry is huge and an important source of potential growth for Microsoft. 7: What lessons can be learned from the history of the home video game industry that has been used to help launch the Sony PlayStation II and Microsoft’s X-Box? Do Microsoft and Sony appear to have learned and applied these lessons? The lesson can be learned from the history of the home video industry was to focus on R&D, market positioning, cost leadership, innovation, technology and communications. Sony PlayStation II has consumed about 1. 3 billion in R&D, and Sony actually loses money on Sony PlayStation machine but gain from game CDs. On the other side, Microsoft’s X-Box cut X-box price over time but guaranteed a profit margin. There are three technical factors determined the quality of a video game: data width (in bits), clock speed (in MHz), and the amount of RAM (in bytes). Both Sony PlayStation II and Microsoft’s X-Box have their own competitive advantage in these technologies, and they also both are good game designers.

Mini-Case – Finance

In order to decide on an IPO price, we must look at the current financial position of the company, as well as make projections for possible future scenarios. From the data given, we know that Prairie Home Stores (PHS) has a current book value of $80,000,000. With 400,000 outstanding shares, the book equity per share is $200. There are two possible paths for future performance to consider. The first, a constant growth scenario, assumes that PHS will continue on its current trajectory of paying out 2/3 of its earnings as dividends, and retaining the other 2/3 to grow the business.In this scenario, we will continue the company’s growth rate of 5%, with no change in plowback or dividends. In this scenario, price per share is determined by the current dividends, divided by (r-g) The value of the company will be equal to the present value of all future cash flows ( i. e. dividend payments) that investors expect to receive. Constant growth scenario: EPS 2013 = $ 12,000,000 / 400,000 shares = $ 30. 00 Book equity per share in 2013 = $80,000,000 / 400,000 shares = $200. 00 per share Dividends paid out per share in 2013 = $ 8,000,000 / 400,000 shares = $ 20. 00 per share Payout ratio in 2013 = $ 20. 0 (DIV2013) / $ 30 (EPS 2013) = 0. 67 Plowback ratio 2013 = $10. 00 (RE per share 2013) / $ 30. 00 (EPS 2013) = 0. 33 Sustainable growth rate = 0. 15 (rate of return) x 0. 33 (plowback ratio) = 5 % Price per share 2012 = DIV2013/(r-g) = $20/(11%-5% ) = $ 333. 33 $ 333. 33 price per share x 400,000 shares = $ 133,333,333 – value of the company in 2012 P/E ratio = $ 333. 33( price per share) / 30 (EPS) = 11. 11 Rapid Growth Scenario: Since Price = DIV / r-g, and there are no dividends paid in the years 2013 – 2016, we can calculate the value of the company in 2016 and discount it to obtain the Present value in 2012.EPS 2017 = $21,000,000 / 400,000 shares = $52. 50 Book equity per share 2017 = $139,900,000 / 400,000 shares = $349. 75 Dividends paid out per s hare 2017 = $14,000,000 / 400,000 shares = $35. 00 Payout ratio in 2017 = $ 35. 00 (DIV per share 2017) / $ 52. 50 (EPS 2017) = 0. 67 Plowback ratio in 2017 = $ 17. 50 (RE in 2017) / 52. 50 (EPS in 2017) = 0. 33 Sustainable growth rate = 0. 15 (rate of return) x 0. 33 (plowback ratio) = 5 % Price per share in 2016= $35. 00 (DIV 2017) / 0. 06 (r – g)= $583. 33 Let’s discount it to 2012 value: Financial calculator: FV = 583. 33 N = 4, I/Yr = 11% PV = 384. 5 – price per share in 2012 384. 25 x 400,000 shares = 153,700,000 – value of the company in 2012 under rapid growth Conclusion: Rapid growth scenario promises higher stock price, so it should be chosen. PVGO between the previous example and this one: 153,700,000 – 133,333,333 = 20,366,667 Under both scenarios, current price per share is more than $200. Now here’s my calculations: Constant growth scenario: Assuming a 15% required return: P0 = DIV1 / (r-g) = $20 / (. 15 – . 05) = $20/. 1 = $200 Assuming an 11% required return, we’ll have: P0 = DIV1 / (r-g) = $20 / (. 11 – . 05) = $20/. 06 = $333. 33In the constant growth scenario, the stock is valued at $200 if we assume a 15% expected return, and $333. 33 if we assume 11% expected return. Now, in the rapid growth scenario, things get even more exciting. I think that 2017/2020 is the horizon year, because it’s AFTER that point when the growth goes down to 5%. In paragraph 6, the problem states â€Å"†¦ would require reinvestment of all of Prairie Home’s earnings from 2016 to 2019. After that the company could resume its normal dividend payout and growth. † your book’s years:20122013201420152016201720182019 my book’s years:20152016201720182019202020212022 year #01234567 arnings growth from previous year—4. 6%15%15%15%15%5%5% dividend0000$35$36. 75$38. 59 todayH NB: neither book shows 2019 or 2022, but we know that the beginning of the year figures are the same as the end of year figures for the previous year, so that’s where I got those. Ultimately, it doesn’t really matter – I’m just reinforcing the point that we turn into a constant growth scenario beginning with year 6. Our non-constant growth model says this: PV = D1/(1+r)1 + D2 / (1+r)2 + †¦ + DH / (1+r)H + PH / (1+r)H and we get PH with this formula: PH = Dt+1 / (r-g) The dividends for the foreseeable future (years 1 – 4) will all be 0, so hose first numbers will add up to 0. We know that the dividend at the horizon year – year 5 – is $35. The expected future price of the stock at year 5 will be: P5 = D6 / (r-g) Plugging in numbers there, we have: P5 = $36. 75 / (. 15 – . 05) = $36. 75/. 1 = $367. 50 Again, that’s assuming a 15% required return. Then the third part of the process is to add up all of those numbers, discounting them to the present value: P0 = D1 + D2 + D3 + D4 + D5 / (1. 15)5 + P5 / (1. 15)5 = 0 + (35 + 367. 5) / (1. 15)5 = 402. 5/(1. 15)5 Or on the calculator: FV = 402. 50, I/YR = 15, N=5, PV = $200. 11 Then we go to the 11% required return.There, we’ll see that: P5 = D6 / (r-g) = $36. 75 / (. 11 – . 05) = $612. 50 And then: P0 = D1 + D2 + D3 + D4 + D5 / (1. 11)5 + P5 / (1. 11)5 = 0 + (35 + 612. 50) / (1. 11)5 = †¦ (Calculator: FV = 647. 50, I/YR = 11, N = 5, PV = $384. 26) In the rapid growth scenario, the stock is valued at $200. 11 if we assume a 15% expected return, and $384. 26 if we assume 11% expected return. This is the point where I defer to you, or we can talk about this more tomorrow. Our math says to price the stock somewhere between $200 and $384, but how do we choose? I get the sense that you understand that better than I do, so I can use your input for sure.We believe that Prairie Home Stores should value the stock at $384. xx because we should choose the We recommend choosing the rapid growth scenario, plowback more earnings into growing the company, and set the IPO price as $384. whatever. Our prospectus will show that we intend to invest more of our earnings into growing the company over the next 4 years, and as a result investors and the market will support a price of $384. We chose to use 11% as our expected rate of return, because this is the rate shown in the Journal of Finance as being the rate offered by other, equally risky stocks in the same industry as Prairie Home Stores.The PVGO is $153,700,000 – 133,333,333 = $20,366,667. This indicates that the company has room to grow, which will be attractive to investors. Investors believe that under the rapid growth scenario. According to our calculations, Mr. Breezeway was wise to counsel his son( ) to not sell the stock for $200, as we believe that the company is worth more than current BOOK VALUE PER SHARE – include something about this. $200 per the current values (this is what the whoever dude offered the son), but our calculations show that th e company is more valuable than the $200 price indicates.

Tuesday, July 30, 2019

The Twilight Saga 3: Eclipse Chapter 23. MONSTER

WHEN I WOKE UP IN THE MORNING, IT WAS VERY bright – even inside the tent, the sunlight hurt my eyes. And I was sweating, as Jacob had predicted. Jacob was snoring lightly in my ear, his arms still wrapped around me. I pulled my head away from his feverishly warm chest and felt the sting of the cold morning on my clammy cheek. Jacob sighed in his sleep; his arms tightened unconsciously. I squirmed, unable to loosen his hold, struggling to lift my head enough to see. . . . Edward met my gaze evenly. His expression was calm, but the pain in his eyes was unconcealed. â€Å"Is it any warmer out there?† I whispered. â€Å"Yes. I don't think the space heater will be necessary today.† I tried to get to the zipper, but I couldn't free my arms. I strained, fighting against Jacob's inert strength. Jacob muttered, still fast asleep, his arms constricting again. â€Å"Some help?† I asked quietly. Edward smiled. â€Å"Did you want me to take his arms all the way off?† â€Å"No, thank you. Just get me free. I'm going to get heat stroke.† Edward unzipped the sleeping bag in a swift, abrupt movement. Jacob fell out, his bare back hitting the icy floor of the tent. â€Å"Hey!† he complained, his eyes flying open. Instinctively, he flinched away from the cold, rolling onto me. I gasped as his weight knocked the breath out of me. And then his weight was gone. I felt the impact as Jacob flew into one of the tent poles and the tent shuddered. The growling erupted from all around. Edward was crouching in front of me, and I couldn't see his face, but the snarls were ripping angrily out of his chest. Jacob was half-crouched, too, his whole body quivering, while growls rumbled through his clenched teeth. Outside the tent, Seth Clearwater's vicious snarls echoed off the rocks. â€Å"Stop it, stop it!† I yelled, scrambling awkwardly to put myself between them. The space was so small that I didn't have to stretch far to put one hand on each of their chests. Edward wrapped his hand around my waist, ready to yank me out of the way. â€Å"Stop it, now,† I warned him. Under my touch, Jacob began to calm himself. The shaking slowed, but his teeth were still bared, his eyes furiously focused on Edward. Seth continued to growl, a long unbroken sound, a violent background to the sudden silence in the tent. â€Å"Jacob?† I asked, waiting until he finally dropped his glare to look at me. â€Å"Are you hurt?† â€Å"Of course not!† he hissed. I turned to Edward. He was looking at me, his expression hard and angry. â€Å"That wasn't nice. You should say sorry.† His eyes widened in disgust. â€Å"You must be joking – he was crushing you!† â€Å"Because you dumped him on the floor! He didn't do it on purpose, and he didn't hurt me.† Edward groaned, revolted. Slowly, he looked up to glare at Jacob with hostile eyes. â€Å"My apologies, dog.† â€Å"No harm done,† Jacob said, a taunting edge to his voice. It was still cold, though not as cold as it had been. I curled my arms around my chest. â€Å"Here,† Edward said, calm again. He took the parka off the floor and wrapped it over the top of my coat. â€Å"That's Jacob's,† I objected. â€Å"Jacob has a fur coat,† Edward hinted. â€Å"I'll just use the sleeping bag again, if you don't mind.† Jacob ignored him, climbing around us and sliding into the down bag. â€Å"I wasn't quite ready to wake up. That wasn't the best night's sleep I ever had.† â€Å"It was your idea,† Edward said impassively. Jacob was curled up, his eyes already closed. He yawned. â€Å"I didn't say it wasn't the best night I've ever spent. Just that I didn't get a lot of sleep. I thought Bella was never going to shut up.† I winced, wondering what might have come out of my mouth in my sleep. The possibilities were horrifying. â€Å"I'm glad you enjoyed yourself,† Edward murmured. Jacob's dark eyes fluttered open. â€Å"Didn't you have a nice night, then?† he asked, smug. â€Å"It wasn't the worst night of my life.† â€Å"Did it make the top ten?† Jacob asked with perverse enjoyment. â€Å"Possibly.† Jacob smiled and closed his eyes. â€Å"But,† Edward went on, â€Å"if I had been able to take your place last night, it would not have made the top ten of the best nights of my life. Dream about that.† Jacob's eyes opened into a glare. He sat up stiffly, his shoulders tense. â€Å"You know what? I think it's too crowded in here.† â€Å"I couldn't agree more.† I elbowed Edward in the ribs – probably giving myself a bruise. â€Å"Guess I'll catch up on my sleep later, then.† Jacob made a face. â€Å"I need to talk to Sam anyway.† He rolled to his knees and grabbed the door's zipper. Pain crackled down my spine and lodged in my stomach as I abruptly realized that this could be the last time I would see him. He was going back to Sam, back to fight the horde of bloodthirsty newborn vampires. â€Å"Jake, wait -† I reached after him, my hand sliding down his arm. He jerked his arm away before my fingers could find purchase. â€Å"Please, Jake? Won't you stay?† â€Å"No.† The word was hard and cold. I knew my face gave away my pain, because he exhaled and half a smile softened his expression. â€Å"Don't worry about me, Bells. I'll be fine, just like I always am.† He forced a laugh. â€Å"‘Sides, you think I'm going to let Seth go in my place – have all the fun and steal all the glory? Right.† He snorted. â€Å"Be careful -â€Å" He shoved out of the tent before I could finish. â€Å"Give it a rest, Bella,† I heard him mutter as he re-zipped the door. I listened for the sound of his retreating footsteps, but it was perfectly still. No more wind. I could hear morning birdsong far away on the mountain, and nothing else. Jacob moved in silence now. I huddled in my coats, and leaned against Edward's shoulder. We were quiet for a long time. â€Å"How much longer?† I asked. â€Å"Alice told Sam it should be an hour or so,† Edward said, soft and bleak. â€Å"We stay together. No matter what.† â€Å"No matter what,† he agreed, his eyes tight. â€Å"I know,† I said. â€Å"I'm terrified for them, too.† â€Å"They know how to handle themselves,† Edward assured me, purposely making his voice light. â€Å"I just hate missing the fun.† Again with the fun. My nostrils flared. He put his arm around my shoulder. â€Å"Don't worry,† he urged, and then he kissed my forehead. As if there was any way to avoid that. â€Å"Sure, sure.† â€Å"Do you want me to distract you?† He breathed, running his cold fingers along my cheekbone. I shivered involuntarily; the morning was still frosty. â€Å"Maybe not right now,† he answered himself, pulling his hand away. â€Å"There are other ways to distract me.† â€Å"What would you like?† â€Å"You could tell me about your ten best nights,† I suggested. â€Å"I'm curious.† He laughed. â€Å"Try to guess.† I shook my head. â€Å"There're too many nights I don't know about. A century of them.† â€Å"I'll narrow it down for you. All of my best nights have happened since I met you.† â€Å"Really?† â€Å"Yes, really – and by quite a wide margin, too.† I thought for a minute. â€Å"I can only think of mine,† I admitted. â€Å"They might be the same,† he encouraged. â€Å"Well, there was the first night. The night you stayed.† â€Å"Yes, that's one of mine, too. Of course, you were unconscious for my favorite part.† â€Å"That's right,† I remembered. â€Å"I was talking that night, too.† â€Å"Yes,† he agreed. My face got hot as I wondered again what I might have said while sleeping in Jacob's arms. I couldn't remember what I'd dreamed about, or if I'd dreamed at all, so that was no help. â€Å"What did I say last night?† I whispered more quietly than before. He shrugged instead of answering, and I winced. â€Å"That bad?† â€Å"Nothing too horrible,† he sighed. â€Å"Please tell me.† â€Å"Mostly you said my name, the same as usual.† â€Å"That's not bad,† I agreed cautiously. â€Å"Near the end, though, you started mumbling some nonsense about ‘Jacob, my Jacob.'† I could hear the pain, even in the whisper. â€Å"Your Jacob enjoyed that quite a lot.† I stretched my neck up, straining to reach my lips to the edge of his jaw. I couldn't see into his eyes. He was staring up at the ceiling of the tent. â€Å"Sorry,† I murmured. â€Å"That's just the way I differentiate.† â€Å"Differentiate?† â€Å"Between Dr. Jekyll and Mr. Hyde. Between the Jacob I like and the one who annoys the hell out of me,† I explained. â€Å"That makes sense.† He sounded slightly mollified. â€Å"Tell me another favorite night.† â€Å"Flying home from Italy.† He frowned. â€Å"Is that not one of yours?† I wondered. â€Å"No, it is one of mine, actually, but I'm surprised it's on your list. Weren't you under the ludicrous impression I was just acting from a guilty conscience, and I was going to bolt as soon as the plane doors opened?† â€Å"Yes.† I smiled. â€Å"But, still, you were there.† He kissed my hair. â€Å"You love me more than I deserve.† I laughed at the impossibility of that idea. â€Å"Next would be the night after Italy,† I continued. â€Å"Yes, that's on the list. You were so funny.† â€Å"Funny?† I objected. â€Å"I had no idea your dreams were so vivid. It took me forever to convince you that you were awake.† â€Å"I'm still not sure,† I muttered. â€Å"You've always seemed more like a dream than reality. Tell me one of yours, now. Did I guess your first place?† â€Å"No – that would be two nights ago, when you finally agreed to marry me.† I made a face. â€Å"That doesn't make your list?† I thought about the way he'd kissed me, the concession I'd gained, and changed my mind. â€Å"Yes . . . it does. But with reservations. I don't understand why it's so important to you. You already had me forever.† â€Å"A hundred years from now, when you've gained enough perspective to really appreciate the answer, I will explain it to you.† â€Å"I'll remind you to explain – in a hundred years.† â€Å"Are you warm enough?† he asked suddenly. â€Å"I'm fine,† I assured him. â€Å"Why?† Before he could answer, the silence outside the tent was ripped apart by an earsplitting howl of pain. The sound ricocheted off the bare rock face of the mountain and filled the air so that it seared from every direction. The howl tore through my mind like a tornado, both strange and familiar. Strange because I'd never heard such a tortured cry before. Familiar because I knew the voice at once – I recognized the sound and understood the meaning as perfectly as if I'd uttered it myself. It made no difference that Jacob was not human when he cried out. I needed no translation. Jacob was close. Jacob had heard every word we'd said. Jacob was in agony. The howl choked off into a peculiar gurgled sob, and then it was quiet again. I did not hear his silent escape, but I could feel it – I could feel the absence I had wrongly assumed before, the empty space he left behind. â€Å"Because your space heater has reached his limit,† Edward answered quietly. â€Å"Truce over,† he added, so low I couldn't be sure that was really what he'd said. â€Å"Jacob was listening,† I whispered. It wasn't a question. â€Å"Yes.† â€Å"You knew.† â€Å"Yes.† I stared at nothing, seeing nothing. â€Å"I never promised to fight fair,† he reminded me quietly. â€Å"And he deserves to know.† My head fell into my hands. â€Å"Are you angry with me?† he asked. â€Å"Not you,† I whispered. â€Å"I'm horrified at me.† â€Å"Don't torment yourself,† he pleaded. â€Å"Yes,† I agreed bitterly. â€Å"I should save my energy to torment Jacob some more. I wouldn't want to leave any part of him unharmed.† â€Å"He knew what he was doing.† â€Å"Do you think that matters?† I was blinking back tears, and this was easy to hear in my voice. â€Å"Do you think I care whether it's fair or whether he was adequately warned? I'm hurting him. Every time I turn around, I'm hurting him again.† My voice was getting louder, more hysterical. â€Å"I'm a hideous person.† He wrapped his arms tightly around me. â€Å"No, you're not.† â€Å"I am! What's wrong with me?† I struggled against his arms, and he let them drop. â€Å"I have to go find him.† â€Å"Bella, he's already miles away, and it's cold.† â€Å"I don't care. I can't just sit here.† I shrugged off Jacob's parka, shoved my feet into my boots, and crawled stiffly to the door; my legs felt numb. â€Å"I have to – I have to . . .† I didn't know how to finishthe sentence, didn't know what there was to do, but I unzipped the door anyway, and climbed out into the bright, icy morning. There was less snow than I would have thought after the fury of last night's storm. Probably it had blown away rather than melted in the sun that now shone low in the southeast, glancing off the snow that lingered and stabbing at my unadjusted eyes. The air still had a bite to it, but it was dead calm and slowly becoming more seasonable as the sun rose higher. Seth Clearwater was curled up on a patch of dry pine needles in the shadow of a thick spruce, his head on his paws. His sand-colored fur was almost invisible against the dead needles, but I could see the bright snow reflect off his open eyes. He was staring at me with what I imagined was an accusation. I knew Edward was following me as I stumbled toward the trees. I couldn't hear him, but the sun reflected off his skin in glittering rainbows that danced ahead of me. He didn't reach out to stop me until I was several paces into the forest shadows. His hand caught my left wrist. He ignored it when I tried to yank myself free. â€Å"You can't go after him. Not today. It's almost time. And getting yourself lost wouldn't help anyone, regardless.† I twisted my wrist, pulling uselessly. â€Å"I'm sorry, Bella,† he whispered. â€Å"I'm sorry I did that.† â€Å"You didn't do anything. It's my fault. I did this. I did everything wrong. I could have . . . When he . . . I shouldn't have . . . I . . . I . . .† I was sobbing. â€Å"Bella, Bella.† His arms folded around me, and my tears soaked into his shirt. â€Å"I should have – told him – I should – have said -† What? What could have made this right? â€Å"He shouldn't have – found out like this.† â€Å"Do you want me to see if I can bring him back, so that you can talk to him? There's still a little time,† Edward murmured, hushed agony in his voice. I nodded into his chest, afraid to see his face. â€Å"Stay by the tent. I'll be back soon.† His arms disappeared. He left so quickly that, in the second it took me to look up, he was already gone. I was alone. A new sob broke from my chest. I was hurting everyone today. Was there anything I touched that didn't get spoiled? I didn't know why it was hitting me so hard now. It wasn't like I hadn't known this was coming all along. But Jacob had never reacted so strongly – lost his bold overconfidence and shown the intensity of his pain. The sound of his agony still cut at me, somewhere deep in my chest. Right beside it was the other pain. Pain for feeling pain over Jacob. Pain for hurting Edward, too. For not being able to watch Jacob go with composure, knowing that it was the right thing, the only way. I was selfish, I was hurtful. I tortured the ones I loved. I was like Cathy, like Wuthering Heights, only my options were so much better than hers, neither one evil, neither one weak. And here I sat, crying about it, not doing anything productive to make it right. Just like Cathy. I couldn't allow what hurt me to influence my decisions anymore. It was too little, much too late, but I had to do what was right now. Maybe it was already done for me. Maybe Edward would not be able to bring him back. And then I would accept that and get on with my life. Edward would never see me shed another tear for Jacob Black. There would be no more tears. I wiped the last of them away with cold fingers now. But if Edward did return with Jacob, that was it. I had to tell him to go away and never come back. Why was that so hard? So very much more difficult than saying goodbye to my other friends, to Angela, to Mike? Why did that hurt? It wasn't right. That shouldn't be able to hurt me. I had what I wanted. I couldn't have them both, because Jacob could not be just my friend. It was time to give up wishing for that. How ridiculously greedy could any one person be? I had to get over this irrational feeling that Jacob belonged in my life. He couldn't belong with me, could not be my Jacob, when I belonged to someone else. I walked slowly back to the little clearing, my feet dragging. When I broke into the open space, blinking against the sharp light, I threw one quick glance toward Seth – he hadn't moved from his bed of pine needles – and then looked away, avoiding his eyes. I could feel that my hair was wild, twisted into clumps like Medusa's snakes. I yanked through it with my fingers, and then gave up quickly. Who cared what I looked like, anyway? I grabbed the canteen hanging beside the tent door and shook it. It sloshed wetly, so I unscrewed the lid and took a swig to rinse my mouth with the ice water. There was food somewhere nearby, but I didn't feel hungry enough to look for it. I started pacing across the bright little space, feeling Seth's eyes on me the whole time. Because I wouldn't look at him, in my head he became the boy again, rather than the gigantic wolf. So much like a younger Jacob. I wanted to ask Seth to bark or give some other sign if Jacob was coming back, but I stopped myself. It didn't matter if Jacob came back. It might be easier if he didn't. I wished I had some way to call Edward. Seth whined at that moment, and got to his feet. â€Å"What is it?† I asked him stupidly. He ignored me, trotting to the edge of the trees, and pointing his nose toward the west. He began whimpering. â€Å"Is it the others, Seth?† I demanded. â€Å"In the clearing?† He looked at me and yelped softly once, and then turned his nose alertly back to the west. His ears laid back and he whined again. Why was I such a fool? What was I thinking, sending Edward away? How was I supposed to know what was going on? I didn't speak wolf. A cold trickle of fear began to ooze down my spine. What if the time had run out? What if Jacob and Edward got too close? What if Edward decided to join in the fight? The icy fear pooled inmy stomach. What if Seth's distress had nothing to do with the clearing, and his yelp had been a denial? What if Jacob and Edward were fighting with each other, far away somewhere in the forest? They wouldn't do that, would they? With sudden, chilling certainty I realized that they would – if the wrong words were said. I thought of the tense standoff in the tent this morning, and I wondered if I'd underestimated how close it had come to a fight. It would be no more than I deserved if I somehow lost them both. The ice locked around my heart. Before I could collapse with fear, Seth grumbled slightly, deep in his chest, and then turned away from his watch and sauntered back toward his resting place. It calmed me, but irritated me. Couldn't he scratch a message in the dirt or something? The pacing was starting to make me sweat under all my layers. I threw my jacket into the tent, and then I went back to wearing a path across the center of the tiny break in the trees. Seth jumped to his feet again suddenly, the hackles on the back of his neck standing up stiffly. I looked around, but saw nothing. If Seth didn't cut it out, I was going to throw a pinecone at him. He growled, a low warning sound, slinking back toward the western rim, and I rethought my impatience. â€Å"It's just us, Seth,† Jacob called from a distance. I tried to explain to myself why my heart kicked into fourth gear when I heard him. It was just fear of what I was going to have to do now, that was all. I could not allow myself to be relieved that he'd come back. That would be the opposite of helpful. Edward walked into view first, his face blank and smooth. When he stepped out from the shadows, the sun shimmered on his skin like it did on the snow. Seth went to greet him, looking intently into his eyes. Edward nodded slowly, and worry creased his forehead. â€Å"Yes, that's all we need,† he muttered to himself before addressing the big wolf. â€Å"I suppose we shouldn't be surprised. But the timing is going to be very close. Please have Sam ask Alice to try to nail the schedule down better.† Seth dipped his head once, and I wished I was able to growl. Sure, he could nod now. I turned my head, annoyed, and realized that Jacob was there. He had his back to me, facing the way he'd come. I waited warily for him to turn around. â€Å"Bella,† Edward murmured, suddenly right beside me. He stared down at me with nothing but concern showing in his eyes. There was no end to his generosity. I deserved him now less than I ever had. â€Å"There's a bit of a complication,† he told me, his voice carefully unworried. â€Å"I'm going to take Seth a little ways away and try to straighten it out. I won't go far, but I won't listen, either. I know you don't want an audience, no matter which way you decide to go.† Only at the very end did the pain break into his voice. I had to never hurt him again. That would be my mission in life. Never again would I be the reason for this look to come into his eyes. I was too upset to even ask him what the new problem was. I didn't need anything else right now. â€Å"Hurry back,† I whispered. He kissed me lightly on the lips, and then disappeared into the forest with Seth at his side. Jacob was still in the shadow of the trees; I couldn't see his expression clearly. â€Å"I'm in a hurry, Bella,† he said in a dull voice. â€Å"Why don't you get it over with?† I swallowed, my throat suddenly so dry I wasn't sure if I could make sound come out. â€Å"Just say the words, and be done with it.† I took a deep breath. â€Å"I'm sorry I'm such a rotten person,† I whispered. â€Å"I'm sorry I've been so selfish. I wish I'd never met you, so I couldn't hurt you the way I have. I won't do it anymore, I promise. I'll stay far away from you. I'll move out of the state. You won't have to look at me ever again.† â€Å"That's not much of an apology,† he said bitterly. I couldn't make my voice louder than a whisper. â€Å"Tell me how to do it right.† â€Å"What if I don't want you to go away? What if I'd rather you stayed, selfish or not? Don't I get any say, if you're trying to make things up to me?† â€Å"That won't help anything, Jake. It was wrong to stay with you when we wanted such different things. It's not going to get better. I'll just keep hurting you. I don't want to hurt you anymore. I hate it.† My voice broke. He sighed. â€Å"Stop. You don't have to say anything else. I understand.† I wanted to tell him how much I would miss him, but I bit my tongue. That would not help anything, either. He stood quietly for a moment, staring at the ground, and I fought against the urge to go and put my arms around him. To comfort him. And then his head snapped up. â€Å"Well, you're not the only one capable of self-sacrifice,† he said, his voice stronger. â€Å"Two can play at that game.† â€Å"What?† â€Å"I've behaved pretty badly myself. I've made this much harder for you than I needed to. I could have given up with good grace in the beginning. But I hurt you, too.† â€Å"This is my fault.† â€Å"I won't let you claim all the blame here, Bella. Or all the glory either. I know how to redeem myself.† â€Å"What are you talking about?† I demanded. The sudden, frenzied light in his eyes frightened me. He glanced up at the sun and then smiled at me. â€Å"There's a pretty serious fight brewing down there. I don't think it will be that difficult to take myself out of the picture.† His words sank into my brain, slowly, one by one, and I couldn't breathe. Despite all my intentions to cut Jacob out of mylife completely, I didn't realize until that precise second exactly how deep the knife would have to go to do it. â€Å"Oh, no, Jake! No, no no no,† I choked out in horror. â€Å"No, Jake, no. Please, no.† My knees began to tremble. â€Å"What's the difference, Bella? This will only make it more convenient for everyone. You won't even have to move.† â€Å"No!† My voice got louder. â€Å"No, Jacob! I won't let you!† â€Å"How will you stop me?† he taunted lightly, smiling to take the sting out of his tone. â€Å"Jacob, I'm begging you. Stay with me.† I would have fallen to my knees, if I could have moved at all. â€Å"For fifteen minutes while I miss a good brawl? So that you can run away from me as soon as you think I'm safe again? You've got to be kidding.† â€Å"I won't run away. I've changed my mind. We'll work something out, Jacob. There's always a compromise. Don't go!† â€Å"You're lying.† â€Å"I'm not. You know what a terrible liar I am. Look in my eyes. I'll stay if you do.† His face hardened. â€Å"And I can be your best man at the wedding?† It was a moment before I could speak, and still the only answer I could give him was, â€Å"Please.† â€Å"That's what I thought,† he said, his face going calm again, but for the turbulent light in his eyes. â€Å"I love you, Bella,† he murmured. â€Å"I love you, Jacob,† I whispered brokenly. He smiled. â€Å"I know that better than you do.† He turned to walk away. â€Å"Anything,† I called after him in a strangled voice. â€Å"Anything you want, Jacob. Just don't do this!† He paused, turning slowly. â€Å"I don't really think you mean that.† â€Å"Stay,† I begged. He shook his head. â€Å"No, I'm going.† He paused, as if deciding something. â€Å"But I could leave it to fate.† â€Å"What do you mean?† I choked out. â€Å"I don't have to do anything deliberate – I could just do my best for my pack and let what happens happen.† He shrugged. â€Å"If you could convince me you really did want me to come back – more than you wanted to do the selfless thing.† â€Å"How?† I asked. â€Å"You could ask me,† he suggested. â€Å"Come back,† I whispered. How could he doubt that I meant it? He shook his head, smiling again. â€Å"That's not what I'm talking about.† It took me a second to grasp what he was saying, and all the while he was looking at me with this superior expression – so sure of my reaction. As soon as the realization hit, though, I blurted out the words without stopping to count the cost. â€Å"Will you kiss me, Jacob?† His eyes widened in surprise, then narrowed suspiciously. â€Å"You're bluffing.† â€Å"Kiss me, Jacob. Kiss me, and then come back.† He hesitated in the shadow, warring with himself. He half-turned again to the west, his torso twisting away from me while his feet stayed planted where they were. Still looking away, he took one uncertain step in my direction, and then another. He swung his face around to look at me, his eyes doubtful. I stared back. I had no idea what expression was on my face. Jacob rocked back on his heels, and then lurched forward, closing the distance between us in three long strides. I knew he would take advantage of the situation. I expected it. I held very still – my eyes closed, my fingers curled into fists at my sides – as his hands caught my face and his lips found mine with an eagerness that was not far from violence. I could feel his anger as his mouth discovered my passive resistance. One hand moved to the nape of my neck, twisting into a fist around the roots of my hair. The other hand grabbed roughly at my shoulder, shaking me, then dragging me to him. His hand continued down my arm, finding my wrist and pulling my arm up around his neck. I left it there, my hand still tightly balled up, unsure how far I could go in my desperation to keep him alive. All the while his lips, disconcertingly soft and warm, tried to force a response out of mine. As soon as he was sure I wouldn't drop my arm, he freed my wrist, his hand feeling its way down to my waist. His burning hand found the skin at the small of my back, and he yanked me forward, bowing my body against his. His lips gave up on mine for a moment, but I knew he was nowhere close to finished. His mouth followed the line of my jaw, and then explored the length of my neck. He freed my hair, reaching for my other arm to draw it around his neck like the first. Then both of his arms were constricted around my waist, and his lips found my ear. â€Å"You can do better than this, Bella,† he whispered huskily. â€Å"You're overthinking it.† I shivered as I felt his teeth graze my earlobe. â€Å"That's right,† he murmured. â€Å"For once, just let yourself feel what you feel.† I shook my head mechanically until one of his hands wound back into my hair and stopped me. His voice turned acidic. â€Å"Are you sure you want me to come back? Or did you really want me to die?† Anger rocked through me like the whiplash after a heavy punch. That was too much – he wasn't fighting fair. My arms were already around his neck, so I grabbed two fistfuls of his hair – ignoring the stabbing pain in my right hand – and fought back, struggling to pull my face away from his. And Jacob misunderstood. He was too strong to recognize that my hands, trying to yank his hair out by the roots, meant to cause him pain. Instead of anger, he imagined passion. He thought I was finally responding to him. With a wild gasp, he brought his mouth back to mine, his fingers clutching frantically against the skin at my waist. The jolt of anger unbalanced my tenuous hold on self-control; his unexpected, ecstatic response overthrew it entirely. If there had been only triumph, I might have been able to resist him. But the utter defenselessness of his sudden joy cracked my determination, disabled it. My brain disconnected from my body, and I was kissing him back. Against all reason, my lips were movingwith his in strange, confusing ways they'd never moved before – because I didn't have to be careful with Jacob, and he certainly wasn't being careful with me. My fingers tightened in his hair, but I was pulling him closer now. He was everywhere. The piercing sunlight turned my eyelids red, and the color fit, matched the heat. The heat was everywhere. I couldn't see or hear or feel anything that wasn't Jacob. The tiny piece of my brain that retained sanity screamed questions at me. Why wasn't I stopping this? Worse than that, why couldn't I find inmyself even the desire to want to stop? What did it mean that I didn't want him to stop? That my hands clung to his shoulders, and liked that they were wide and strong? That his hands pulled me too tight against his body, and yet it was not tight enough for me? The questions were stupid, because I knew the answer: I'd been lying to myself. Jacob was right. He'd been right all along. He was more than just my friend. That's why it was so impossible to tell him goodbye – because I was in love with him. Too. I loved him, much more than I should, and yet, still nowhere near enough. I was in love with him, but it was not enough to change anything; it was only enough to hurt us both more. To hurt him worse than I ever had. I didn't care about more than that – than his pain. I more than deserved whatever pain this caused me. I hoped it was bad. I hoped I would really suffer. In this moment, it felt as though we were the same person. His pain had always been and would always be my pain – now his joy was my joy. I felt joy, too, and yet his happiness was somehow also pain. Almost tangible – it burned against my skin like acid, a slow torture. For one brief, never-ending second, an entirely different path expanded behind the lids of my tear-wet eyes. As if I were looking through the filter of Jacob's thoughts, I could see exactly what I was going to give up, exactly what this new self-knowledge would not save me from losing. I could see Charlie and Rene mixed into a strange collage with Billy and Sam and La Push. I could see years passing, and meaning something as they passed, changing me. I could see the enormous red-brown wolf that I loved, always standing as protector if I needed him. For the tiniest fragment of that second, I saw the bobbing heads of two small, black-haired children, running away from me into the familiar forest. When they disappeared, they took the rest of the vision with them. And then, quite distinctly, I felt the splintering along the fissure line in my heart as the smaller part wrenched itself away from the whole. Jacob's lips were still before mine were. I opened my eyes and he was staring at me with wonder and elation. â€Å"I have to leave,† he whispered. â€Å"No.† He smiled, pleased by my response. â€Å"I won't be long,† he promised. â€Å"But one thing first . . .† He bent to kiss me again, and there was no reason to resist. What would be the point? This time was different. His hands were soft on my face and his warm lips were gentle, unexpectedly hesitant. It was brief, and very, very sweet. His arms curled around me, and he hugged me securely while he whispered in my ear. â€Å"That should have been our first kiss. Better late than never.† Against his chest, where he couldn't see, the tears welled up and spilled over.

Monday, July 29, 2019

Free Trade Zones in UAE and Economic Development Research Paper - 2

Free Trade Zones in UAE and Economic Development - Research Paper Example This paper focuses on two companies only i.e. Abu Dhabi Airport Free Zone and Dubai Media City Free Zone. Abu Dhabi Airport Free Zone (ADAFZ) Positive Contributions to the UAE The Abu Dhabi Airport Free Zone is a business and logistics park which is being established by the Abu Dhabi Airports Company (ADAC). The creation of ADAFZ is a milestone for Abu Dhabi to globally establish itself as a leading business centre.  Expansion of the airport will enable passenger traffic to shoot from the current 7 million to over 40 million per year. Cargo capacity will also be boosted to two million tons from the current 150,000 tons per year. (Ameifo.com, 2011). According to uaefz.com, multiple business ventures are being established ranging from logistics, aviation and aerospace, consultancy, business development, computing and information technology, electronics, express transport, medical equipment and pharmaceuticals. Various amenities have been put together under one roof and conveniently i ntegrated to provide the best services for investors (Jumeiraconsultants.com, 2011).   The free trade zone provides the locals with better goods at subsidized prices hence boosting the economy. The cheapness of goods is usually as a result of cheap production costs in addition to cheap imported labor. The UAE is freed of re-tasking its resources and instead focuses on its comparative advantages. ADAFZ and other free trade zones function as economic laboratories, which allow UAE governments, to learn what will be most beneficial to their economies over a long time (Ehow.com, 2011). Negative Contributions to the UAE Abu Dhabi Airport Free Zone may appear as an equal opportunity for everyone, but, these advantages come along with some disadvantages. The disadvantages extend for UAE is related to the technology level which means that the less industrialized emirates may suffer a disadvantage till they technologically develop. When Abu Dhabi opened its borders to the other emirates to be in the same free trade zone, it also invited fierce competition as well. This means that the whole of UAE competes with one another (Uaefz.com, 2011). The free trade area may also economically develop the area around the airport more than other regions in Abu Dhabi and UAE as a whole. This region may attract more foreign investors than other regions which may lead to economic underdevelopment of some other areas in the free trade zone. The underdevelopment may also impact the Abu Dhabi’s (Ehow.com, 2011). The issue of opening of borders brings the challenge of corporations seeking out for the lowest labor and environmental standards in order to minimize its production costs hence pressuring for low working standards. Furthermore, the transparency and absence of strict regulations of ADAFZ make it an attraction for illicit investors to launder crime proceeds and maybe finance terrorism (Fatf-gafi.org, 2011). Benefits to Investors According to Abu Dhabi (2011) an investor ha s to lease the facility in

Sunday, July 28, 2019

Congressional District Assignment Example | Topics and Well Written Essays - 1250 words

Congressional District - Assignment Example According to Congressman Jose Serrano, the people in Bronx have been hit hard by the recession and are going hungry. According to Congressman Serrano, who represents the 16th Congressional district of New York â€Å"This is a crisis that I intend to confront head on. We cannot accept food insecurity in the wealthiest city in the wealthiest nation in the world.†. Bronx is a popular but often misunderstood neighborhood in New York. The difference between the haves and the have-nots is the most stark in these sort of neighborhoods. In the year 2000, this district was the poorest congressional district in the 435 districts in the U. S. A. It has a rich historical heritage. It is here that Edgar Allen Poe spent more than four years and a cottage named after him is a popular tourist destination. Bronx Zoo, The Bronx County Historical Society, Bronx Museum of Arts and the Yankee Stadium are the other places to visit. The demographics of 16th congressional district in New York The dat a gathered from 2010 census regarding state of New York is not available. It will be made available prior to April 1, 2011. The figures in this paper relate to data gathered earlier. According to the 2000 census, the total population of the district was 654360 of which there were 304,203 male. The Median Age in years was 27.5 and the highest percent (65.5%) of population was between the ages of 18 and 65 years, totaling 428,285. The total number of Black or African American people was 235,419 to that of White being 133,649. American Indian and Alaska Natives were 7,664 whereas the smallest number in the population data is the population of Native Hawaiian and Other Pacific Islander at 810. The number of people of two or more races was 42,883. The number of males above the age of 15 and married was 75,560 and that of the females was 74,601, not counting the persons who were separated from their spouses. The household population was 637, 081 and the number of group quarters population was 17, 279. According to the 2010 Census, of the total population of 350,876 of persons above the age of 25 years, 50.5 per cent were High school graduates or higher and 7.8 per cent had bachelor’s degree or higher education. The median household income in 2009 inflation adjusted dollars was $23,073 as compared to that of the U. S. A. being $ 51,425. The ratio of per capita income at $ 12,029 to $ 27,041 of the U. S. A. was better progression as the figures in 1999 were $9803 and $21,587 respectively. The data collected by the American Community Survey also shows that 36.8 per cent of the families in this area live below poverty level as compared to that of the U. S. A. being 9.9 per cent. Individuals below poverty line make up 39.2 per cent as compared to 13.5 per cent of the U. S. A. The number of householders living alone is 62,123 where the average family size is 3.64. A total of 14,198 persons live in their unmarried partners house. There were 119,835 males ovewr 15 ye ars of age who had never married, and the females were 130,830. The figures for school enrollment shows that 219,432 persons above the age of 3 years have enrolled in school of which 53,511 were studying High school and 41,268 were studying college or graduate school. Of the population of persons 25 years and over, 27,915 had bachelor’s degree, while 11,185 had graduate or professional degree college rates, household data (i.e. head of

Saturday, July 27, 2019

Islamic Sharia Law in Present Day Nigeria Essay

Islamic Sharia Law in Present Day Nigeria - Essay Example Whether devout or not, the rulers benefited from the opportunities associated with Islam: the wealth of the transSaharan trade, the spread of ideas from North Africa, and the ability to forge diplomatic relations with Muslim rulers elsewhere. Islam an established system of public revenue based on tax and a judiciary based on the Sharia law and the alkali courts, started presided over by learned Islamic jurists. The Islamic jurispudence or Sharia law was allowed to be followed, but people started to practice it by combining the sharia laws with their new existing beliefs and this was obviously in their own interest as they were used to mould their religion accordingly. No doubt Sharia has always been a notion of conflict among Muslims and Christians in Nigeria. As Islam was being introduced into northern Nigeria in the 14th century, Muslims applied the Islamic law Sharia to their everyday lifestyle as they were bound to do so being Muslims and even those Muslims who were in favor of religious freedom, they also felt it hard to cope up with the 'Sharia' law. The conflict started with the advent of British rule, when the Muslims started feeling unsecured with a disrupted legal system because Nigerian Muslims particularly those of North were not in a position to tolerate any obstruction in between them and the 'Sharia' but at the same time they were bound to follow the legal system according to which the Sharia courts came under the supervision of Europeans probably the Christians. While recognizing Sharia law and courts, the British also restricted them in several respects. The 1906 Proclamation limited the application of Sharia to Muslims and provided that these courts could not give certain punishments, such as mutilation, torture, or others which were repugnant to "natural justice and humanity." (Bello, 2000) These changes reflected at least two principles. One was a belief that certain previously existing Sharia criminal penalties were inhumane. The other was that criminal law is a public matter to be implemented by the state rather than by private or social action. Some further changes in the implementation of Sharia occurred in the Native Ordinance of 1956, officially known as the "Native Courts Law of Northern Nigeria, No. 6 of 1956." (Bello, 2000) This provided for appeals from the Sharia courts to courts of appeal that reflected a more British understanding of justice, and the Ordinance provoked disagreement with the traditional emirs, who objected to this limit on Sharia law. In an attempt to pacify the emirs, the British then established Sharia Courts of Appeal, which were meant to protect Islamic law from excessive encroachhment through appeal to English courts. (Bello, 2000) Though well maintained, these courts were looked after by Europeans and in line with colonial policy, the British established a Muslim court of appeal in 1956, which was empowered to deal with matters of Muslim personal law only. This court was renamed the Sharia court of appeal just before independence in 1960. (Adamu, 2004) On one hand the Sharia courts were running under British authority while

Friday, July 26, 2019

Industrialization Essay Example | Topics and Well Written Essays - 1250 words

Industrialization - Essay Example Development is a vast phenomenon that involved more than increasing per capita output. Real development can only be harbingered by eliminating poverty, unemployment and inequality. The theory calls for reviewing structural issues like dualism, population growth, inequality, urbanization, agricultural transformation, education, health, unemployment and many other unanswered issues that must be reviewed on their own merits, and not merely as appendages to an underlying growth thesis. Industrialization on the other hand is a process of social and economic change where human societies are transformed from a pre-industrial (an economy where the amount of capital accumulated is low) to an industrial state. (Industrialization). This social and economic change is closely related to the technological innovation, particularly the development of large-scale energy production. Industrialization may also be related to some kind of philosophical change, or may be to a different attitude in the perception of nature, though if these philosophical changes are caused by industrialization or vice-versa is a subject often debated. Industrialisation has generated its own health problems, like noise, air, water pollution, malnutrition, dangerous machines, impersonal work, isolation, poverty, homelessness, and even substance abuse. Health problems in industrial nations are caused by economic, social, political, and cultural factors also. Industrialisation has become a major medical issue around the world, and hopefully will become less of a problem over the period to come. Psychology of Soviet Economists: Soviet economists were primarily of the opinion that those factors of production that are relatively plentiful have a low marginal productivity and hence a low price as compared with factors that are relatively scarce. Consequently those lines of production or those technical forms of production, which use relatively more of the plentiful factors and economize on the scarce ones, would have the lowest costs. This lead to a drop in labor rates, as a country like Russia had more labor. The strength of the above mentioned factor theory is undoubtedly its strong appeal to common sense, it is apparent common sense to adapt your development plans and methods so as to make the most use of those economic factors that are most plentiful, like labour in this particular case, but there can be a humanitarian argument added to it that to do this will create the maximum employment in conditions where there is a large reserve of unemployed. The immediate objection to it that strikes the mind is th at the factor proportion theory, in common with any comparative cost doctrine derived from it, is a static theory, which refers to a particular factor endowment at a given date. It will be inappropriate to derive there from a criterion of development, since we are dealing with dynamic situations, where the factor endowment is subject to change the essence of development for example, is a growing accumulation of capital and hence a change in the capital-labour ratio. ( Dobb Maurice, Was Soviet Method of Industrialization Really Contrary to Economic Principles) The choice between the factors of production depends on the

The primate pattern Essay Example | Topics and Well Written Essays - 500 words

The primate pattern - Essay Example There are various hypotheses that attempt to explicate the original evolutionary divergence of the privates but the three hypotheses are the main in the evolutionary process. The Arboreal Hypothesis was advanced by the Elliot Smith and was later supported by Wood Jones. The Elliot Smith hypothesized that the ancient primates were terrestrial animals that at the end came to dwell in arboreal habitant because of the selective pressure divergent from their original terrestrial way of life (Srivastava 18). In the arboreal environments, the primate vision and the sense of touch became greater senses compared to the sense of smell that led to developing new methods of adaptation essential in the arboreal settings. The functional arboreal hypothesis lacked supportive and clear evidence to explain how primate adapted their terrestrial style into the arboreal environment; therefore, criticism led to evolution of other alternative hypotheses. Cartmill introduced alternative hypothesis called Visual Predation that would explicate the progression of primates. He demonstrated that the morphological pattern of the primates do not indicate arboreal adaption as shown by Smith, rather adaptation to feeding mode to bushy forest in the ground where they hunted for fruits and insects. Therefore, it is clear that little primitive, mainly insectivorous and ancient primate were capable to reach for the branches using their prehensile limbs and catch prey with a forelimb while judging the way with close-set eyes (Ravosa and Dagosto 12). Consequently, it is comprehensible from that ancient primate relied deeply on the sense of vision that why the theory is known as visual predation hypothesis. Similar to the first hypothesis, the Cartmill hypothesis was criticized because it was yet to be proven and the primate pre-adapted for the arboreal living. However, it is harmless to point out that the arboreal and visual predations are not mutu ally exclusive

Thursday, July 25, 2019

Negotiation Essay Example | Topics and Well Written Essays - 500 words - 4

Negotiation - Essay Example The functions of communication are another feature that is important within the context of the negotiation process. Facilitation of the exchange of ideas and opinions between the negotiating parties is one of the functions of communication in negotiation. The functions of communication interact with other features such as the rules and the objectives of communication to influence the achievement of the goals of the negotiation. Chronemics are a non-verbal feature of communication that interacts with the willingness and commitment of the negotiating parties to resolve their conflict. Chronemics encompass aspects such as punctuality and patience that are crucial to the successful completion of every stage of the negotiating process (Wood, 2008). Finally, intentions are an important feature of communication that can affect the direction and success of the negotiation. Intention interplays with interpretation because most negotiators assume that whatever their opponent does or says is purposive and is meant to communicate something. As such, there is need for negotiators to be fully aware of their intentions when saying or doing something in every stage of the negotiating process in order to avoid being construed inappropriately (Wood, 2008). Nicholas Anderson’s post is an insightful piece that presents quite accurate information on the modes of communication. The idea that written communication helps make up the shortcoming of verbal communication to come out as abrasive is correct because the person communicating has more room to read and correct what he or she has written wrongly. His assertion that verbal communication is the mode of communication that many people are familiar with is acceptable. However, he overlooks the idea that it takes much interest and attention to catch sadness or happiness in a person’s voice because some people do not announce these things explicitly but only imply them. Anderson’s idea on

Wednesday, July 24, 2019

The Descartes Method of Doubt Essay Example | Topics and Well Written Essays - 500 words

The Descartes Method of Doubt - Essay Example Though  Descartes' views can be considered subjective, the drive to seek knowledge and to prove different concepts had been recognized related to doubt (Gillespie 761). Descartes manner of seeking knowledge was corresponding to the scientific method which starts with a problem. His scientific queries started with doubt, but not with self-doubt. He stated that ideas that had been reflected from his mind were presented and simply stated without prejudice. Then the questions were divided into specific questions that can be clearly answered. The reflective process was then applied to each query on the basis of difficulty or the preset order. Upon the completion of specific ideas, the generalized views were then achieved (Williams 18). Descartes trust on reflective thought is the first principle where he based the subsequent views (Gillespie 761). In his First Meditations, he raised grounds for doubting beliefs in everyday existence. Examples of the arguments presented by Descartes are lunacy and God arguments which raised doubts on opposing groups of believers (Broughton 1). In the process of raising doubts, his main objective is to achieve absolute certainty. In addition, he focused on the method of inquiry because he believed that if doubts on the method of seeking knowledge were eliminated, certainty can be achieved (Broughton 1). In Descartes’ Discourse, he presented the Method of Doubt as the method used in the investigation of the foundations of philosophy (Broughton 1). The application of the said though was not limited to philosophy since he also used the method in mathematical research and queries (p. 5). What then is the main aim of Descartes in the establishment of the method? The Method of Doubt is the method of Descartes in the conception of knowledge. His views mean that knowledge should be uncertain and it should lack any form of doubt. For that matter, he raised doubts and uncertainty to be answered and to be eliminated (Broughton 7-8). His main aim then is to achieve concepts that cannot be doubted and refuted. Descartes’ skepticism is another point of the query because of his view on raising doubt and the application of skepticism in scientific and philosophical inquiries. Based on his view though, his intentions of proving knowledge by raising doubts and skepticism were not because he was a skeptic. Based on the researches on the Method of Doubt by Descartes, the skepticism can be considered as a positive element since it can make scientists face the doubts associated with the quest for knowledge. Instead of moving away from the doubts, they were tackled head-on and resolved (Perin 52). Conclusion The Method of Doubt by Descartes had contributed significantly to the method of scientific, mathematical and philosophical inquiry and research in the modern era. Being a skeptic or not had been an important element in Descartes achievements into becoming the Father of Modern Philosophy.

Tuesday, July 23, 2019

Overview of a Technology based Company Essay Example | Topics and Well Written Essays - 5000 words

Overview of a Technology based Company - Essay Example ter this, Hewlett – Packard was able to develop into creating electronic instruments for the US government, specifically based on needs for buildings and safety. It was during the 1940s that there was substantial growth within the organization and led to continuous expansion. By 1947, over 39 products were offered through the company, all based on new innovations with electronics. In 1957, HP became a publicly traded company and was listed on the stock exchange for $16 per share. The company was listed under the industry of electronics in the stock exchange. By 1959, the company had built into a global corporation with radio equipment and electronically tested information not only coming from the base in California, but also moving into areas such as Germany and Switzerland. The main approach at this point was to test and develop different capacities in electronics with several marketplaces and branches. For instance, medical instruments, analytics and newer innovations were all added into the industry. In 1966, HP developed the first computer used by the company, followed by scientific calculators and other office type electronic supplies that added into the main devices of HP. Today, HP continues to add in extra electronic devices, ranging from some of the newer options in electronic devices to initial components that have continued to develop through the b eginning of the corporation. There are three main branches that are a part of HP, including personal systems for PCs, mobile computing and workstations, the imaging and printing group and the enterprise business services, which consists of business products, storage, servers and enterprise software (HP, 2010). The corporate objectives of the company are based on innovation and electronics. The first corporate objective is customer loyalty. The main focus within this is to produce several types of electronics that have quality and value, which allows several of the customers to return for newer

Monday, July 22, 2019

My Teacher, My Hero Essay Example for Free

My Teacher, My Hero Essay When talking about our own teachers and mentors, anyone would be glad to thank them, especially those who are successful and those who learned a great lesson from them. But, are teachers really that great? Aren’t they just a bunch of people teaching everyday? The people who are always giving a lot of homeworks and projects, making our life hard? Teachers are great. They teach us in all ways they could. They guide us through different challenges. They act as light when we’re on darkness. They’re affection strengthens students. They’re patience are unbelievable. For even though, we, students are acting childishly, they forgive us. They’re like a second mom to us. And especially, they love us like a true mother. Once, when I was still young, I had a very kind and loving teacher. And for me, she was the reason why I am here in my spot today. She was the building block of my knowledge. She’s my teacher on kindergarten. She’s strict, yes, but still very affectionate. She was the one who discovered I’m myopic. After discovering this, she told it to my mom and I was able to see the world clearly. She was also the one who always guides me through everything. She taught me how to read, write, count, and how to be strong in every circumstance I face. She taught me how to meet friends. I learned many lessons from her. She always taps my head whenever I learned something new. And in that small gesture, I know how much her affection is for me. She’s a person whom I can ask help from anytime I want. She’s a person willing to help a lost child to make her a successful one. And I’m very thankful to her. She was like my hero once and I know she’ll forever be one. Thanks to her, my parents discovered I’m myopic. Thanks to her, I learned how to make new friends. Thanks to her, I’ve been a good girl. Thanks to her, I learned how to eat veggies. And especially thanks to her, for being my hero, who saves me from any circumstance that surrounds me. I owe her so much yet all I can do is to thank her, to study hard, and to become a successful person someday, for her to be proud of me. If not because of you, I won’t be here where I am today. Thank you My Teacher, My Hero! I salute you, and I will always do.

Sunday, July 21, 2019

Health And Safety Hazards For Sewage Treatment Plant Construction Essay

Health And Safety Hazards For Sewage Treatment Plant Construction Essay All tanks and chambers above the safe flood level and the highest flood level of the nearby rivers/drain and design to what flood return period. There any buried pipelines or cables under buildings within the treatment facility and it is clearly indicated on the layout drawings. The layout of temporary diversion and location of temporary treatment facilities. The location of the screening bins is a far from process plant but easily accessible and the basis of sizing the bins area is lorry loading? There are lifting devices provided and they are vehicle working load and they are found in open air before the uv process and can lift about 1500kg. 1.2 Access Road The facility is located not near to a public road to allow immediate access to the plant/facility The ingress and egress routes to and from the plant are suitable for desludging tankers The entrance and exit gate is not nearby the public road .Road access should be provided adjacent to the equipment or crane extended to the nearest road. If fixed crane beam extends over the road, there is the minimum vertical clearance shall be 5.5m. Adequate signage provided. Head clearance for tanker trucks entering the gate provided and the clearance height is none as there is no obstruction. Sufficient turning radius on the roads to enable access and maneuverability for tankers and heavy vehicles. Location of sludge desludging area is suitable for tankers to access and empty the sludge into the chamber. 1.3 Handrails/Guardrails and Access Ladders Safety handrails or grating been installed at walkways and around open holes at the plant. Toe plates and kick plates shall be fitted along the outer edges of all walkways or ladders and shall be part of the structure and not the floor panels. Toe plates shall extends 100mm above the top level of the floor panels. Floor panels shall be sized so that each panel does not weight more than 50 kg. Hand railing provided at all places where there is potential of falling around al tanks and other places where falling height is greater than 1.5m. Staircases provided where height is greater than 300 mm. Fixed ladder to access working areas for purposes of servicing, maintenance or normal operation works. 1.4 Precaution Against Damp All wall mounted equipment is fitted with spacers to provide minimum gap of 5 mm. All holes in equipment is sealed against the ingress of water. Any items exposed to weather or water shall be free of water traps and drain holes shall be provided where necessary. Electrical equipment which is not sealed against free movement of air is protected from condensation with anti-condensation heaters and thermostatically controlled. 1.5 Substation / Electricity Meter/ Lamp Post Location of electricity meter or the substation. There is adequate street lighting provided around the plant and the number of lamp post provided is 2 .All buildings and major process units at the treatment facility are lighted adequately. 1.6 Buffer Zone The following buffer zone requirements satisfied? 30 m minimum from fence to nearest habitable building property line within residential and commercial development 20 m minimum from the fence of treatment plant to the nearest property line within industrial development 10 m minimum from the fence of the treatment plant to the nearest habitable building property line if the proposed treatment plant is fully enclosed. 1.7 Effluent Discharge Point Where is the location of effluent discharge point for the facility and is it clearly indicated on the layout drawings with relation to existing receiving water bodies. 1.8 Water Supply If tankers and desludging activities take place, there is provision for stand pipes for cleaning purposes. the stand pipe is located and location for toilets for operators to change and clean themselves after work is found within the same building at the reception, near the laboratory room. 2.0 Screen Chamber (Fine And Coarse Screens) 2.1 Bar Screens Dewatering or perforated plate or trough, provided for ease of maintenance of the screens 2.2 Mechanically Raked Screens Automatic conveyor to transfer screenings to skips. Screen motor located above the high water level and access provided for maintenance. Provision of explosion proof floodlights. Provision of emergency stop button at a convenient and visible location .A working platform for ease of operations and maintenance. Provision of hand rail or guard (Refer to item 1.3) .Location of screening bins must be near the screen area. Bins provided should have adequate capacity and must be equipped with leachate collection tray and covers to prevent odour release. Bins should be provided with rollers. 2.3 General Provision of staircase access with sufficient width (Refer to item 1.3) .All screen chamber sumps to be fully open at the top for good ventilation. Inlet penstock provided to isolate the inlet works for maintenance purposes. All drive units shall be weatherproof 3.0 Pump Sump Emergency overflow pipe to by-pass the influent sewage during power failure (away from residents) and location of overflow pipe discharge. Provision of crane for maintenance purposes .Sufficient access to the pump station either from the top surface or via entry from the screen chamber .Is dry well provided with force ventilation and air outlet shall be located adjacent to pump motors to assist cooling .Lighting systems shall be interconnected with ventilation .Provision of handrails and MS grating (Refer to item 1.3). If the valve chamber is located in the sump, the opening of the valve chamber shall be enclosed with MS grating .Provision of working space or platform for ease of operation in both wet well and valve chamber .Dry well adequately lit and it should be weather proof, vapour proof and explosion proof. Miscellaneous Issue 4.0 Grit Chamber Provision of working platform along the grit channel. Provision of handrails or guardrail at exposed sumps or elevated working areas (Refer to item 1.3). Provision of grit storage bin or skip with rollers, perforated tray and covers . Easy access to the grit removal facility by dump trucks and sufficient maneuver space (Refer item 1.2). To provide a chute to remove the grit into the skips. To provide sufficiently big grit chamber for ease of maintenance. To provide a drain pipe to drain water into the pump sump to avoid ponding. Provide steps into the chamber (pump). Misc Issues 5.0 Grease Chamber Provision of working platform along the grease chamber .Provision of hopper to collect scum and grease. Provision of handrails or guardrail at exposed sumps or elevated working areas. (Refer to item 1.3) Provision of grease storage tank with rollers and with drain pipes and valves at the bottom of the tank for removal of settled solids .Easy access to the grease removal facility by dump trucks and sufficient maneuver space. (Refer to item 1.2) .Staircases must not be beneath the walkway (staircase need to be away from walkway) Miscellaneous Issue 6.0 Blower Room/Control Panel Or Room Provision of acoustic enclosures for blowers including acoustic door .Provision of exhaust fan with silencer to circulate air around the blower room. Toilet facilities to be isolated from the blower room due to heat and noise hazards. Provision of lifting davit for maintenance of the blowers. Provision of rotating strobe light at the control room to indicate malfunction of blower or other equipment.Provision of adequate space for blower removal or installation during maintenance. Water storage tank to be located in such a way that water will not splash on the control panels. Control panels in the Blower/Control Panel room is to be isolated from the blower room .Allow at least 900 mm access space even when cabinet doors and the like are open. Miscellaneous Issue 7.0 Balancing Tanks Sufficient walking or working space along the tanks .Provision of handrails or guards if the tanks are elevated. (Refer to item 1.1 on handrail and guard rail)Miscellaneous Issue 8.0 Primary / Secondary Clarifier 9.0 Biological Treatment System 10.0 Sludge Thickener Provision of adequate walking or working space .Provision of potable/clean water for regular cleaning of the overflow weir .Provision of force main type of pipe from the thickener to the sludge holding tank .Desludging pipe provided to be situated above ground All sludge holding tanks to be on sloped flooring 11.0 Sludge Holding Tank . Adequate access for desludging tanker. (Refer to item 1.2 on access road) Provision of desludging pipe (if the sludge holding tank is elevated) appropriately positioned. Sufficient walking or working space along the sludge holding tank. (Refer to item 1.3). Provision of handrails or guards if the sludge holding tank is elevated. (Refer to item 1.1 on handrail and guard rail) .Provision of desludging pipe either by force main or gravity flow. All sludge holding tanks to have isolating facilities. Each sludge holding tank to have separate feeding pipes with individual isolating valves. The top level of holding tanks to be approximately 6 inches above ground should the tank be below ground level. Overflow pipe from sludge holding tank to the aeration tank to be of sufficient diameter to prevent possibility of the pipe choking. Miscellaneous Issues The key components of the wastewater-treatment plant each play an important role in the treatment process. The bar screens, primary and secondary clarifiers, aeration basins, and disinfection and effluent pumping station all must be in proper working order. Damage to any one of these components could result in inadequately treated wastewater. Wastewater-treatment facilities plan for natural disasters, but protecting the plant from attack has not been a high priority. Many facilities now are considering ways to improve their security. Experts have identified the headworks, where the wastewater first enters through the collection system, as particularly vulnerable to attack. Restricting or blocking the flow of the wastewater into the facility could cause backups throughout the collection system, creating a public health hazard. In St Martin, the wastewater facility access road connecting it to a main highway. There is the concerned that access to and within the treatment plant could be blocked by hurricane or storm-tide conditions. There is a guard at the main entrance. Nonetheless, the property is still vulnerable to acts of nature and terrorism. The impediment of movement to and from St Martins property would cause major problems with both response and evacuation. The sewage system uses pumping stations when gravity is insufficient to move waste. One expert explained in the Andress report, One pumping station has the capacity to pump 25 thoun gallons of wastewater per day. Another expert added that, Destroying or disabling a pumping station could cause the collection system to overflow raw sewage into the streets, and into surface waters, and back up sewage into homes and businessesà ¢Ã¢â€š ¬Ã‚ ¦. The remoteness and geographic distribution of pumping stations, and their lack of continuous surveillance, make them particularly vulnerable. With approximately 60 miles of sewer pipes and more than 2 pumping stations, St Martin vulnerabilities are spread throughout 14 municipalities. An overflow of raw sewage could threaten the health of humans, wildlife and the environment of Southern St Martin. According to GAO, wastewater facilities increasingly are using control systems, such as the Supervisory Control and Data Acquisition network. These systems monitor and control operations from a central location. Misuse of the SCADA could cause too-high or too-low levels of chemicals to be introduced into the treatment process, reduction in biological treatment levels or the collection system to be shut down remotely. Many remote systems can still be worked manually but the personnel must be available when the time comes. In the case of the St Martin, the buildings on the property have a limited fire-protection infrastructure. The main control room in the operations building, with all the electrical equipment that controls the wastewater operations, is not even protected by a halon system. There are smoke detectors, but when activated, the alarm must be called in manually to 911 dispatcher Wastewater-treatment facilities present additional concerns to first responders. Regardless of the disinfecting agent used, there still will be hazardous materials on site. Laboratories also are likely to be on site, which should always raise a red flag. SARA Title III requires all hazardous materials to be inventoried on three separate forms. The forms, OCC-51A (small quantities), OCC-51B (small quantities in a laboratory) and OCC-51C (large quantities), must be filed with the locations fire and police departments. These forms also list the locations of each hazardous material and how many people work in that building. Additionally, Materials Safety Data Sheets for each chemical should be kept on site for use in the event of an emergency. As with any industrial facility, power is a concern to first responders. Wastewater-treatment facilities use electricity to collect and treat wastewater and discharge the clean effluent. There is a trend toward using alternative sources to generate this electricity. Methane gas produced during the anaerobic digester process can be used to generate part of the plants electricity. Methane gas adds to the list of hazardous materials and make for potential confined-space and high-angle rescues. Both scenarios present additional dangers that must be planned for during any risk analysis. All the wastewater operations are redundant, so the entire facility can continue to operate at a reduced capacity if part of the system breaks down or is in need of maintenance. Of its five primary clarifiers, six aerations basins and six secondary clarifiers, any number can be shut down temporarily as long as one of each is running. Problems would arise if an entire component were disabled and sewage were restricted or blocked the flow of wastewater through the facility. The clarifiers, aeration basins,, pumping stations and sewage pipes are all permit-required confined-spaces as defined by Occupational Safety and Health Administration. These areas create hazards to both employees and rescue workers. Wastewater-treatment facilities should have policies in place as guidelines for their employees to operate under when working in these areas. First responders are not responsible for the daily operations of a wastewater-treatment facility and have little or no control over how the utility is run. They are, however, tasked with responding to emergency incidents that arise in the course of their operations. Performing a risk analysis helps understand what types of emergencies they are likely to encounter and where those are likely to be. An incident at a wastewater-treatment facility is likely to involve multiple agencies. In addition to the fire department, personnel and resources from law enforcement agencies, environmental authorities and public health care facilities may be called on to work together. The likelihood of a successful outcome will be greater if there is communication and coordination between these entities beforehand. Information gathered from a risk analysis should be shared among those likely to be involved. Ultimately this information should lead to training drills and tabletop exercises. Wastewater Treatment Workers Wastewater treatment workers treat sewer and storm water to remove impurities and then release the water to rivers, oceans, or recycled irrigation and landscaping networks. Operators in waste water plants use mechanical equipment, treatment tanks, and chemicals to clean the water. This variety of processes can pose a mixture of hazards to workers. Because there is so much water involved in the treatment process, slips, trips, and falls are the main hazard for waste water treatment workers. Practice good housekeeping by sweeping up or squeegeeing water puddles. Mark areas that are prone to puddling. Fix leaks promptly. Use flooring surfaces that provide traction. Wear shoes that have a non-slip sole. Confined spaces are a serious concern at water treatment facilities. Exposures to a low oxygen environment or high levels of hydrogen sulfide, methane gas, or ammonia can cause serious illness or death. Survey the areas for explosion potential from flammable gas and water engulfment in times such as heavy rain and flooding. Survey the entire facility for areas with limited egress and other hazard potential. Use proper confined space procedures, personal protective equipment (PPE), and ambient air and personal monitoring to ensure your safety. Engulfment and/or drowning in treatment tanks are hazards at treatment plants. Put guard rails around all open water sources. Keep rescue equipment such as floats and hooks available near all tanks. If you will be doing work at height over an unguarded tank, consider fall protection gear and keep a coworker nearby to monitor you. When you lift grates over waterways and tanks for access, cordon off the area and place hazard warning signs to prevent accidental falls. Water treatment plants have pumps and valves for moving water and many moving parts such as screens, belt presses, and conveyors remove debris and move sludge. This equipment can cause caught/crush hazards if you place a hand, arm, or foot too near a moving part. Guard all moving machinery and watch for these hazards while you work. Operating this equipment in a wet environment requires maintenance and repair work, so use good work practices. Electrical safety is key when working in a wet environment, so work carefully. Also follow lockout/tagout procedures to guard against accidental equipment startup while you are working on it. Chemicals and biological hazards abound in water treatment. Use material safety data sheets (MSDS) to understand the properties, exposure limits, PPE, and emergency actions for your treatment chemicals. Good housekeeping controls odor and pests. Practice good hygiene by wearing gloves and washing your hands frequently. Decontaminate your clothing or change before you go home from work. Speak to your doctor and consider vaccination for some of the hazards that you may encounter. Waste water treatment can be a challenging work environment. Plants often operate continuously, so shift work and emergency work are common. Long work shifts wearing PPE can be tiring. To deal with the work load and job demands, get the rest you need and maintain your overall health. Outdoor work can expose you to cold, heat and the sun, so dress in comfortable layers and use sunscreen.

Decision of the House of Lords in Street V Mountford

Decision of the House of Lords in Street V Mountford â€Å"The decision of the House of Lords in Street v Mountford in 1985 represented a sea-change in the approach of the courts† (Smith R, Property Law 6th edition (2009) p. 354, Longman Press). Discuss in the context of the courts approach to the distinction between leases and licences. Introduction Many cases prior to Street v Mountford[1] had attempted to identify the difference between a right to ‘possess’ land and a personal right to ‘occupy’ land. Lord Denning explained the difference as ‘the nature and quality of the occupancy.’[2] In other words, ‘a legal right of exclusive possession of the land for a term’[3] would constitute a lease, and a mere permission to use land would amount to a licence. The ‘exclusive possession’ test established by the House of Lords in Street v Mountford, per Lord Templeman, was that an occupier would not be a tenant if he had no exclusive ‘possession’ for a ‘certain’ duration. This case has now been regarded as having marked a ‘sea-change’ in land law. The distinctions to be drawn between leases and licences There are certain reasons why the courts have sought to distinguish between licences and leases. Different statutory protections exist for both. The real problem, however, is in how the courts have attempted to draw the line between leases and licences, particularly in the light of the exclusive possession test[4]. The court’s first concern would be that the term ‘licence’ is too broad it covers almost all types of permission. When we use the term ‘licence’ in relation to land, however, we mean, not merely a personal right to occupy the land but also, a right to use the land in any way. However, such right can be distinguished from a proprietary right[5]. In licences, the individual holding the licence (i.e. the licensee) has, in general, no right to exclude others from the land (including the landowner). A difficulty therefore arises in circumstances where the licensee has the full right (including where s/he has been granted exclusive possession) t o occupy the land. In this context, as shall be discussed below, Lord Denning stated that exclusive possession does not necessarily equate to the grant of a lease, particularly if the parties did not intend to create a tenancy. Although the test in distinguishing between licences and leases does assist in practice, such test is not as straightforward (at least in theory) as one might first expect. Difficulties in distinguishing between leases and licences According to Lord Templeman, the exclusive possession test is conclusive: a person granted exclusive possession must have a lease. However, it does not necessarily mean that one has a lease even though the courts have tended to adopt this approach. Furthermore, it is not easy to apply the exclusive possession test in practice. The first problem for the courts to consider would be when the grant of a right to ‘occupy’ land should amount to a grant of a lease for ‘possession’. The same problem also arises in the definition of ‘certain’ duration. An underlying issue arising out of the first problem would be for the courts to distinguish between ‘possession’ and ‘occupation’[6]. The meaning of ‘possession’ and ‘occupation’ are not exactly the same. The inconsistent use of the term ‘occupation’ and the term ‘possession’ in the Street v Mountford judgment somewhat confused the understanding of the concepts of ‘exclusive occupation’ and ‘exclusive possession’. Lord Templeman also failed to distinguish whether those concepts were statements of legal entitlement or statements of fact. Nevertheless, according to the judgment read as a whole, the term ‘occupation’ should refer to the fact that an occupier merely enjoys the occupation of the land. The term ‘possession’ should refer to those situations where the occupier has the right to enjoy land and exclude all others (including the landowner) from the la nd. Lord Templeman sought to distinguish leases and licences in the following ways: ‘Occupation’ is not sufficient for the occupier to grant a lease; ‘exclusive possession’ is essential. No lease is granted when there is no exclusive possession. Even though an occupier has exclusive possession the landowner and the occupier may have no intention to create a legal relationship or the intention may be negatived by the facts of the case those occupations should not amount to the grant of lease. The latter factor is sufficient to distinguish between lodgers and tenants in circumstances such as renting a hotel room. In the absence of those negative factors, the possession held by the occupier should amount to ‘exclusive possession’. When the occupier has been granted ‘exclusive possession’ for a certain period and at a rent, the grant of a lease should be presumed. Although the occupier has exclusive possession and the right to exclude all others from the land, the right granted might be considered to be something other than a lease such as ‘fee simple ownership’. Prior Street v Mountford, the element of exclusive possession was not a necessary requirement to be considered.[7] However, Lord Templeman confirmed that the consideration of exclusive possession was necessary and conclusive. He further developed the principle expounded by Lord Denning: ‘the nature and the quality’ of occupation is essential to determining whether the occupation is a lease or a licence.[8] Lord Denning stated that although exclusive possession could be considered as the main element in deciding whether an occupier has granted a lease, it does not necessarily mean that an occupier who grants exclusive possession is not necessarily granting a lease. Nevertheless, a person in ‘occupation’ has no tenancy if he has no exclusive right in the land. Lord Templeman explained that the intention of creating a legal relationship is also important to distinguishing between a lease and a licence. However, the subjective intention between the occupier and landowner is irrelevant the court should look at the objective agreement, i.e. whether the parties intended to create a legal relationship. First, the parties cannot assume that the label attached to the agreement will be conclusive.[9] Secondly, the parties’ agreement cannot act as a device in order to disguise[10] the grant of a tenancy.[11] Thirdly, specific provisions within the agreement may be ignored by the court if the surrounding circumstances suggest that those provisions could not have been intended to form part of the agreement.[12] It has been held that a time limitation may apply (in this case between 10:30am to noon) in respect of exclusion of persons from a property.[13] Finally, if the occupier shares occupation with others, the court may read the relevant agreements together and treat those agreements as one transaction, even if the facts suggest that those occupiers’ relationships are interdependent.[14] The House of Lords reaffirmed these principles in the latter case Burrows v Brent LBC[15]. In that case, the landowner granted a possession order against the tenant for unpaid rent. They agreed temporarily not enforce the order and to allow the tenant to remain in occupation if she paid a sum equivalent to the rent due. Applying those principles to this situation, it was held that the parties had not intended to create a legal relationship, and the tenant therefore was considered a ‘tolerated trespasser’. Lord Millett[16] also confirmed the principle that exclusive possession on its own is not sufficient for the granting of a lease, but that occupation with the identification of a legal relationship between the occupier and the landlord is an essential consideration. Lord Millett therefore regarded Street v Mountford[17] as a significant authority for the proposition that a person in ‘occupation’ or ‘possession’ may be regarded as merely a licensee if there is no legal relationship. Notwithstanding the fact that the debate about the definition of ‘legal relationship’ will be ongoing, the differences between leases and licences may be distinguished by the degree of ‘possession’. If someone who is purely holding a personal right to occupy land without a legal relationship, then such right will, in most cases, be a licence. Alternatively, if someone grants a right to exclude all others from the land in question, including the landlord, for a certain period of time, then such right may be called a lease. The ‘terminology’ problem of the words ‘possession’ and ‘occupation’ appear to have been solved by the cases which were decided after Street v Mountford[18]. The debate surrounding the meaning to be given to ‘certain’ duration, however, still remains alive. Lord Denning posed: what would the court do if the occupier has been granted exclusive possession of land without certain duration?[19] In law, if a landlord grants an occupier (who pays rent) exclusive possession of a property without certainty of duration, the occupier will have a periodic tenancy (demonstrated by the payment of a periodic rent) rather than a licence.[20] This case reaffirmed that the element of ‘exclusive possession’ is the most important consideration to the granting of a lease. Nevertheless, the distinction between the tenant (leaseholder) and the lodger (licensee) is very significant[21]. Case law has established that the distinction will arise from the fact that an agreement might allow a landowner to exercise unrestricted rights to use or access property, and not simply ‘from the provision that the landowner provides service to such property’.[22] An additional consideration for the courts, established by one particular case, was to examine the extent of the right which the landowner actually has to exercise.[23] By reference to that approach, it will become clear whether there is a tenant or a lodger to property.[24] Another significant impact which Street v Mountford[25] has made in the context of litigation has been in relation to the duties of local authorities to provide accommodation for the homeless under the Housing Act 1985 (now Part VII of the Housing Act 1996). The Court of Appeal has held that although an occupier has been granted exclusive possession, a local authority might have had provided accommodation pursuant to its statutory duties towards the homeless which will have the effect of negating the intention of creating a legal relationship between the parties.[26] However, if the accommodation was provided by a housing association or an organisation other than the local authority (even on referral from the local authority), the background of homelessness will not negative the intention of creating a tenancy as such an association or organisation does not exercise any statutory duty.[27] Therefore, the House of Lords affirmed that the duties of local authority were held to negative the intention of creating a lease even though the occupier was granted an exclusive possession of the property.[28] In the case Burton v London and Quadrant Housing Trust, since the agreement in question stated that the housing trust had no legal title to the property and the parties had attempted to create a licence rather than a lease, the Court of Appeal held that there was no lease because the housing trust had no legal title to the property. However, the House of Lords found that legal title was not relevant.[29] Nonetheless, the distinction between licence and lease in this context (under statutory duty) has been reduced by the Housing Act 1996, section 216(3), Schedule 17, para 3. Having regard to the Housing Act 1996, the Court of Appeal held that granting exclusive possession under the statute would not amount to the creation of a lease. This rule also applies to the relationship between beneficiaries and trustees the trustee has the power to grant the right, but the grant of a lease may intrude upon the trustees’ duties.[30] Conclusion Although the rules of Street v Mountford[31] apply in cases of residential occupation, certain principles deriving from it such as the distinction to be drawn between ‘lodger’ and ‘tenant’ may not be applicable in certain circumstances. The basic elements of ‘exclusive possession’ and ‘the nature and quality’ test will, however, be applicable in the commercial occupation context. Nevertheless, we should note that Street v Mountford[32] was a case of a single occupier. Multiple occupation may, therefore, lead to a more complicated situation, which Lord Templeman has not discussed. (2,333 words) Bibliography Texts Gravells N P, Land Law: Text and Materials (1999) Street Maxwell, London Dixon M, Principles of Land Law (2002) Cavendish Publishing Ltd, London Oakley A J, Megarry’s Manual of the Law of Real Property (2002) Street Maxwell, London Clarke A and Kohler P, Property Law Commentary and Materials (2005) Cambridge University Press, Cambridge Articles Wilkinson H, The lease licence distinction. Again? (2001) NLJ Pawlowski M, Contractual licences, personal tenancies and tenancies at will (2001) L T Review 2001, 5(6), 117-118 Colbey R, Detecting a sham (2001) NLJ Morgan J, The changing meaning of ‘dwelling-house’ (2002) CLJ 61(2), 312 Grundy N and Joss N, Landlord and tenant update (2006) SJ 805 Peachey L, Elements of a tenancy assured and assured shortholds (2007) HLM 14 5(5) Cases Errington v Errington and Wood [1952] 1 KB 290 Radaich v Smith (1959) 101 CLR 209 at 222 Marchant v Charters [1977] 3 All ER 918 Street v Mountford [1985] AC 825 Markou v Da Silvaesa (1986) P CR 204 Brooker Settled Estates Ltd v Ayers (1987) 54 P CR 165 AG Securities v Vaughan (1988) 56 P CR 168 Hadjiloucas v Crean [1988] 1 WLR 1006 Ogwr BC v Dykes [1989] 1 WLR 295 Aslan v Murphy (No. 1) [1990] 1 WLR 766 Antoniades v Villiers [1990] 1 AC 417 Duke v Wynne [1990] 1 WLR 766 Family Housing Association v Jones [1990] 1 WLR 779 Prudential Assurance Co. Ltd v London Residuary Body [1992] 2 AC 386 Westminster City Council v Clarke [1992] 2 AC 288 Burrows v Brent LBC [1996] 1 WLR 1448 Gray v Taylor [1998] 1 WLR 1093 Family Housing Association v Jones [1999] 3 WLR 150 Ramnarace v Lutchman [2001] UKPC 25 1 Footnotes [1] Street v Mountford [1985] AC 825 [2] Marchant v Charters [1977] 3 All ER 918 [3] Radaich v Smith (1959) 101 CLR 209 at 222 [4] The lease – licence distinction. Again? (2001) NLJ [5] Contractual licences, personal tenancies and tenancies at will (2001) L T Review 5(6), 116-118 [6] Elements of a tenancy assured and assured shortholds (2007) HLM 14 5(5) [7] Hadjiloucas v Crean [1988] 1 WLR 1006 [8] Errington v Errington and Wood [1952] 1 KB 290 [9] Duke v Wynne [1990] 1 WLR 766 [10] Detecting a sham (2001) NLJ [11] Ibid. [12] Aslan v Murphy (No. 1) [1990] 1 WLR 766 [13] Antoniades v Villiers [1990] 1 AC 417 [14] AG Securities v Vaughan (1988) 56 P CR 168 [15] Burrows v Brent LBC [1996] 1 WLR 1448 [16] Ramnarace v Lutchman [2001] UKPC 25 [17] Ibid. [18] Ibid. [19] Ibid. [20] Prudential Assurance Co. Ltd v London Residuary Body [1992] 2 AC 386 [21] The changing meaning of ‘dwelling-house’ (2002) CLJ 61(2), 312 [22] Markou v Da Silvaesa (1986) P CR 204 [23] Ibid. [24] Brooker Settled Estates Ltd v Ayers (1987) 54 P CR 165 [25] Ibid. [26] Ogwr BC v Dykes [1989] 1 WLR 295 [27] Family Housing Association v Jones [1990] 1 WLR 779 [28] Westminster City Council v Clarke [1992] 2 AC 288 [29] Family Housing Association v Jones [1999] 3 WLR 150 [30] Gray v Taylor [1998] 1 WLR 1093 [31] Ibid. [32] Ibid.