Abstract This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractualdifficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.
Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors
Conclusion
Bibliography
References
From the Paper "This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."
Abstract This paper examines and analyzes pre-contractual misrepresentation, and notes that there is little choice in available remedy for the innocent recipient of a pre-contractual misrepresentation unless negligence or fraud are involved.
Abstract This paper explains that one of the greatest challenges for any educator is dealing with a student with reading difficulties. However, a number of different programs exist to deal with the different forms of comprehension difficulties: Edmark Reading Program and Reading Matery programs. The author points out that the auditory and picture matching approach of Edmark has been shown to be helpful for students from developmentally and socially disabling backgrounds. The paper relates that since dyslexics often report grappling with frequently misused letters and miss substituting of vowels and consonants; the program Reading Matery,designed to underline the specific dyslexic's need for reinforcement in his or her word sorting capacity and to learn other decoding methods to compensate for potential cognitive decoding difficulties, is better than the overall reinforcement of pictures, words and sounds in Edmark.
From the Paper "The experimental group students received 15 minutes per day of tutoring by America Reads Volunteers in the Edmark Reading Program, a highly structured sight word program; control group students were simply read aloud to for 15 minutes each day by the same volunteers. Results indicated a significant difference in the performance of experimental group of students on the WRMT-R Passage Comprehension subtest and Edmark posttest. Qualitative data indicated that more experimental group students than control group students exhibited significantly improved reading ability, attitudes toward reading, attitudes toward school, and attitudes toward self. Results suggested that schools should consider the use of volunteers to implement one-on-one tutoring in the Edmark Reading Program to teach a supplementary sight word vocabulary to at-risk first graders. Thus, Edmark's 'hands on' approach may be helpful for students from disadvantaged backgrounds as well."
Tags: dyslexic, developmental-disabled, decoding, social
A comparison of the strategies for navigating ontological difficulty in Patrocinio Scheickart's "Reading Ourselves: Toward a Feminist Theory of Reading" and Louis Marin's "Disneyland: A Degenerate Utopia."
Abstract This paper examines ontological difficulty and compares the strategies for navigating ontological difficulty in Patrocinio Scheickart's "Reading Ourselves: Toward a Feminist Theory of Reading" and Louis Marin's "Disneyland: A Degenerate Utopia." The paper concludes that ontological difficulty is indeed a broken link between text and meaning, but one that is a necessary step toward better-informed interpretation.
From the Paper "This comparison of Schweickart and Marin's strategies for navigating ontological difficulty provides several insights into the nature of the concept. Firstly, both critics find that in order to transcend ontological difficulty, one must draw attention to the social and historical context of the text, be it patriarchy or capitalism. Ignoring the context on a text forfeits the reader's power of understanding, and allows ontological difficulty to flourish. Secondly, the broken link between text and meaning provides the critic with a useful starting point. For Schweickart, such misunderstanding led to her exploration of the female reading experience, and an avenue by which this link can be reinstated through the informed reading taking control of the textual experience. What was once a one-way conversation is transformed into an enlightened dialogue. For Marin, the very lack of the possibility of this dialogue provides clues to the hidden purpose of the text, wherein authorial power has been abused. Where the reader is given no autonomy and there is no opportunity for a range of reading experiences, the text becomes ideology. We may conclude that ontological difficulty is indeed a broken link between text and meaning, but one that is a necessary step toward better-informed interpretation."
Abstract This paper evaluates the assessment approaches available to teachers in the detection of learning difficulties. The paper particularly discusses the need to detect dyslexia at an early stage, in order to prevent damage to the child's learning. It describes the various assessment approaches and screening tests available and how effective they are for teachers.
Table of Contents:
Introduction
Learning Difficulties Aims of Assessment
Assessment Approaches
Screening Test
Miscue Analysis
Non-word Reading Test
Evaluation and Conclusion
From the Paper "Every self-respecting teacher should know how to recognize a dyslexic pupil and what remedial measures can be done so that the child involved is not effectively denied access to the curriculum. Teachers and nursery attendants need to be aware of the signs before a child gets formal schooling because the damage to be wrought by late recognition of dyslexia may be irreversible. Psychological and behavioral studies, however, warn against relying on signs and folk beliefs in detecting learning difficulties. If these patently unscientific methods are made as basis of instructional programs, it will create more harm than good. Thus, many state laws today compel the education sector to use systematic methods of assessment that would measure possible obstacles to learning with more confidence and accuracy. There is a good number of such assessment strategies now available to the classroom teacher in the detection of children's learning difficulties, especially dyslexia."
A discussion of the difficulties that many African Americans continued to face after the abolition of slavery due to their relationship with White Southerners.
Abstract This paper details some of the difficulties that African Americans continued to face after the abolition of slavery. It looks especially closely at the relationships between Black and White Southerners and the perceptions that these two groups had about one another. The paper discusses issues of ownership, perception, status and violence.
From the Paper "After the end of slavery, Blake notes that it was also hard for blacks to have anything of value for their own. As slaves, they were allowed things like whiskey and food and other extra items. But as a hired person working as a sharecropper, "we couldn't make nothing, just overalls and something to eat" (Blake). It seems that the white man had become used to making so much from slaves, that he still found a way to make as much by making sure the blacks just made even less than they had before. Life after slavery found blacks with even less than they had materially as slaves."
Abstract The paper discusses the social isolation faced by parents of children with severe disabilities and examines studies that focus on parental stress and support and their effects on the parents' psychological health. The paper concludes that a great deal of stress exists for parents of children with severe disabilities and social support factors are likely to have an effect upon parents of children with severe disabilities.
Outline:
Introduction
Isolation Common Among Children With Learning Difficulties Review of Meta-Analysis Relating to Parental Stress and Support
Summary and Conclusion
From the Paper "This study further demonstrated that the parents who actively sought social support were more likely to receive social support in dealing with the issue of having a child who is severely disabled. Family income was positively associated to the psychosocial adjustment of the parents in this study as was having a marital partner. It is likely that this is due to having the necessary resources to hire additional help to assist the parent with the child as well as having private transportation and other bonuses that go along with a good steady income and the activities that are required in resource-seeking and receiving medical care for a severely disabled child. Additionally the level of cognition of the parent was found to be a factor positively associated with the parents' psychological adjustment. A supportive family environment was also found to be positively associated with the parents' psychological adjustment in the study of Vermaes, Janssens, Bosman and Gerris (2005)."
Abstract A paper which shows how Oxford University Prof. Anthony De Jasay presents an extremely negative view of the modern constitutional, contractual state in his book "The State". The author of the paper shows that the issues De Jasay raises in his book are both relevant and pertinent to some of the philosophical difficulties of government afflicting the modern United States and modern states across the globe.
From the Paper "De Jasay, over the course of his analysis, presents a rather interesting view of the nature of the state as a governing entity. Within his metaphor of the chastity belt with the key lies the assumption that the government, i.e. the state, exists in a perpetual state of desire. The state by its very nature, like a knight of old wishing keep his lovely wife's virtue safe while he is away doing battle, desires to keep safe individual liberties that ensure the perpetuation of citizen's liberties and that the state's very free and open nature remain intact and untouched. Yet also that same state has the desire penetrate (for lack of a better word) the individual freedoms of the populace. To prevent rampant penetration of individual liberties, a constitution is put into place that prevents rights from being impinged upon, but that constitution is state-created and thus has a key."
Abstract This paper explains that foreign direct investment includes equity investment, both wholly foreign-owned and joint venture investment; contractual investment, including contractual joint ventures and oil exploration ventures; and other forms of activities, such as compensation trade, processing and assembling arrangements, and international leasing. The author points out that the purpose of foreign direct investment is to boost the economies of the host nation while providing the foreign nation with a means of investment, which is both lucrative and efficient, allowing countries to share ideas, increasing awareness of foreign markets, and developing valuable business skills. The paper relates problems involved in assessing the impact of inward investment on any individual host nation and states that the main reasons for such problems are strict labor, product, and market rules.
Table of Contents
Introduction
Overview of Foreign Direct Investment
Cost and Benefits Associated with Foreign Direct Investment
The Stability of Foreign Direct Investment
Benefit
Costs
Stimulation of National Economy
Benefits
Costs
Development of Infrastructure and Shared Technology
Benefits
Costs
Crowding In and Crowding Out
Benefits
Costs
Assessing the Impact of Inward Investment on Any Individual Host Nation
Conclusion
From the Paper "Although the transfer of technology can be beneficial to the economy of the host country, it can also be detrimental if the businesses in the host country or the culture of the host country are not prepared to deal with these new technologies. The Earth Summit report explains that the technology that foreign firms utilize may be inappropriate for the local needs of the host country. These technologies may also require a great deal of investment capital and negatively affect small businesses because they will not be able to adapt to the changing technological climate. In addition, the external changes that may occur may not be an improvement over the already existing approaches."
Abstract This paper analyzes the various ways that Prince was made subservient to contractual demands by the major recording company, Warner Brothers. It discusses the extent of Prince's contractual obligations and examines how they virtually entrapped him into an epic decade long contract. The paper then looks at how this contract limited his ability to make profits off of his albums sales.
From the Paper "In conclusion, the record industry hegemony of Warner Brothers acted as an agent of corporate greed, which disallowed Prince to make the money he surely deserved. This type of corporate hegemony also forced Prince to sign long term record deals, which virtually enslaved the artist under restrictive and non-profitable conditions. This study also briefly shows the independent business side of Prince that provides the reasons why prince had chosen to reject the terms provided in his contracts. Furthermore, Prince would often be categorized as "black music", which was a part of the racist hegemony of the record companies to pigeonhole artists into narrow categories. Prince decided to resist and deny this type of limited identity, defining his rebellious role as a subservient artist beneath the corporate hegemony of Warner Brothers records."
An argument as to why it is difficult to apply, with any uncertainty, contractual and tortious principles to issues concerning allegedly defective software.
2,230 words (approx. 8.9 pages), 30 sources, 2000, $ 69.95
Abstract Introduction
Software Licence Agreements, within the "Tort of
Negligence", and Implied and Express Terms
Defective Software and the Economic and Potential
Liabilities
Conclusions
From the Paper "Computers and IT have become embedded into our daily lives. Incompetence of a system or its failure can lead to adverse effects on people's lives and this is where software producers have to inadvertently take "responsibility" of the systems they build and the software that operates them. Any economic loss or physical harm cannot be excluded from a contract, unless it is "reasonable" and "rightfully justified""
Abstract This paper briefly reviews the contractual arrangement between Sid and Bob vis-a-vis an extension to the former's house. This paper argues that Bob entered into a legally-binding oral contract and he must provide some form of redress to Sid. The paper also suggests that a third-party, Ed, is not legally culpable for breaching a contract made between he and Bob.
From the Paper "The law of the United Kingdom is understandably complex. This paper will examine one of the subtleties of British law by reviewing the case of Bob the Builder and his strained relationship with a former client. Specifically, this paper will examine the key issues of the case, any misrepresentation that resulted from the dealings between Bob and Sid, and provide a conclusion that sums up the case. In the final analysis, it may be said that this situation is a classic example of what happens when otherwise intelligent people fail to plan ahead. Let us first proceed by examining the steps that led up to the present situation. To begin with, Sid entered into an agreement with Bob whereby the latter promised to build an extension onto the former's home by December 15."
Abstract This paper discusses Air Canada and the significant market difficulties it has been experiencing since September 11, 2001. The paper explains that some of the difficulties it has been facing were a result of operational difficulties associated with its acquisition of Canadian Airlines International Ltd (CAIL). The difficulty that Air Canada faced with the integration of CAIL's pilots into the Air Canada Pilots' Association was indicative of the overall anti-competitive influence of unions in general. This paper examines the labor dispute between these two pilot associations.
From the Paper "Air Canada is the leading Canadian airline but has had significant market difficult since September 11, 2001 which has seen the airline enter and exit bankruptcy proceedings. Additionally, some of its difficulties have arisen from pre-bankruptcy operational difficulties associated with its rapid growth of which its acquisition of Canadian Airlines International, Ltd. (CAIL) was a major contributor. Overall the size of the Canadian airline industry in economic terms is over $4b and as such occupies a central role in the national economy. The difficulty that Air Canada faced with the integration of CAIL's pilots into the Air Canada Pilots' Association was indicative of the overall anti-competitive influence of unions in general."
Abstract This paper examines the difficulties of diagnosing adolescents for psychological problems, which includes the difficulties of sifting out the normal ups and downs of adolescence and the challenge of detecting co-morbid conditions accurately. It looks at how it is crucial for diagnosticians to be very familiar with the tools available in order to look at an adolescent's difficulties from several angles to make sure that diagnosis is both accurate and complete.
From the Paper "DSM gives very specific guidelines for diagnosis. For instance, for Attention-Deficit/Hyperactivity Disorder (AD/HD), DSM lists three general areas of behavior with specific behaviors listed (inattention, hyperactivity and/or impulsivity); the minimum number of specific behaviors that must be present; The number of general areas which must meet the criteria; and the need to do a differential diagnosis, which will ensure that AD/HD is the best explanation for the person's difficulties (APA, 1994). What it does not tell the diagnostician is how he or she is to determine whether the patient or client meets the criteria. The DSM does not list any specific tests or measures to do."
Examines the core work and role of an educational psychologist, with reference to children with learning and behavioral difficulties within the curriculum.
Abstract This essay identifies and explores the role and work of the educational psychologist. The DFEE Working Party Report and its definition and classification of the educational psychologist's core work is extensively reviewed. The essay also evaluates the national curriculum and its role in assessing children with learning difficulties, focusing on both specific and general learning difficulties. Finally, the SEN Code of practice is discussed and how this benefits children with behavioral difficulties.
From the Paper "To become an educational psychologist (EP), an individual must first obtain a first degree in psychology and a postgraduate diploma in teaching. After at least two years of teaching experience they can apply for a master's degree in educational psychology. Educational Psychologists therefore have a broad understanding in teaching and in psychology, allowing a unique insight into child development, effective teaching and learning approaches, positive behaviour management, specific learning disabilities, intervention techniques, assessment methods and relevant legislation and research. Their work therefore focuses on all these areas."
