Recognise and Immediate Action to Deal with Any Bullying, Harassment or Oppressive Behaviour According to Thepolicies and Procedures of the Setting

Unit 334 Support Children and Young People’s Health and Safety Task 2 After looking at my schools health and safety policy the school makes reference’s to current legislation and complies with Leicester city council legislation. To show that we understand the health and safety policy and that we will comply with it we have to sign a document. So if we use a chair instead of a ladder to put up a display and fall off the chair and hurt yourself you can’t sue the school or HCC. Task 3 Case Study 1 This would be a good place to visit as some of the children have never been but there are concerns about health and safety and the risk of being in a big open space but to minimise the risk a risk assessment will be done. This will identify the hazards and the control measures to reduce the risk. You would discuss this as a year group to ensure that all staff understand their roles on the trip. A letter will be sent home with the children in your year group to get parental consent if the school doesn’t have a parent signature the child will not be allowed to go on the trip. This letter also has all the information the parents will need to know like places they will be visiting e. g. a museum, butterfly gardens. Also in the letter it will have information such as 1. date the trip will take place 2. What clothing and shoes the children will need to wear. 3. Arrangement for packed lunch and free school meals and what drinks are suitable to take 4. The cost of the trip if any 5. When the trip will return back to school. They will be a slip at the bottom of the letter to return back to the school. For all staff and governors going on the trip they will be given a timetable with what will be happen during the day at set times and where to meet. This will also have the focus of the day. There will be a group list with the timetable which has the name of all staff that are going on the trip and the children they will be looking after and any one on one requirement’s. In the school office there are two lists, one which has all staff and governors going on the trip, there contact details, there emergency contact details, and the other list has all the children going on the trip and there emergency contact details. The school uses a ratio of 1:6 in years 1 &2 and a ratio of 1. 4 in year R against the national recommendation of 1. 8 for an infant school on a trip. All children are given name tags to wear with the schools details just in case they get lost or separated from their group with their names are facing down. Before going on the trip the children are talk to about stranger danger this not done intrusive with the children there are told never to lose sight the adult in there group so their will not need to talk to strangers when on the trip. This is done couple of times during the week as a class and in small groups. Case study 2 Amiria should say to the group of children let’s let the men get on with their work and engage them in an activity away from the fence, if there is enough space, if not she should take them inside. Because she doesn’t know if the men are CRB checked and following the schools child protection policy. Within my work place I support a child with physical needs so I have to be aware of where he is and what he is doing and point out potential risks to make him aware, such as walking across a classroom with toys in his path. In this case I stopped him and asked why that route was not a safe way to walk, I then discussed what could happen and together we chose a safer way to cross the room.

Civilization and Medicinal Uses

1. How is the discovery of beer linked to the emergence of the first civilization?A: The discovery of beer is linked to the emergence of the first civilizations because, a change happened around 12,000 years ago when the nomads deserted there migratory ways, settled down and took up farming. When they began to farm and collect grains that’s when beer was discovered. Therefore beer is linked to the first civilizations emergence by the sudden adoption of farming.2. How is the production of beer an example of plant domestication?A: For something to be domesticated it has to be grown or breed for a specific purpose. Well the plants/grains used to make beer were given just that, a purpose to be grown.3. What sources does Standage use to gather his information on beer?A: Ballinger, Clint. â€Å"Beer Production in the Ancient Near East.† Unpublished paper,   personal communication.Baron, Stanley. Brewed in America: A History of Beer and Ale in the United States.  Boston: L ittle, Brown, 19624. What were some of the uses for beer?A: Beer was as a currency but it was also used medicinally. The workers that built the pyramids were paid in beer and bread, the standard amount each worker got was three or four loafs of bread and two jugs (contains eight liters). Tablets from the Egyptian records that date back to 2100 BCE contains list that different medicinal uses for beer.â€Å"The Ebers Papyrus† yet another medical text for the uses of beer that dates around 1550 BCE , contains many recipes for the medicinal uses of beer but combined with other  ingredients . Half an onion mixed with beer was said to cure constipation.5. How did beer civilize man according to Standage?A: â€Å"Beer permeated the lives of Egyptians and Mesopotamians from the cradle to the grave. Their enthusiasm for it was almost inevitable because of the emergence of complex societies, the need to keep written records, and the popularity of beer all from surplus of grain.† (Standage, 39)What he is saying here is that no one could over look or avoid there excitement for the beer because it brought out more civilized societies, made them keep up with written records to pass down the process to make the beer, and that beer became so popular and so available because of the numerous counts of grains that they had access to know that they had taken up farming and gathering.6. Explain the relationship between beer writing, commerce, and health?A: Beer and writings relationship is that in order for the process of making beer to not only be remembered but also passed down generations, the Egyptians and the Mesopotamians had to make clay tablets. These had the processes, medicinal uses, and ingredients written on their faces. Beer and commerce’s relationship was created when both civilizations used beer as a currency.They used this beverage as means of payment for the builders of the Great Pyramids. On that note this is why the builders on the third Gi za pyramid were known as the â€Å"Drunkards of Menkaure†. Lastly, Beer and healthy relationships come from both civilizations use of this beverage for medicinal purposes. They used ingredients mixed with beer to cure a wide variety of illnesses or discomforts.WINE1. How did the use of wine differ from the use of that in ancient Greece and Rome?A: Wine was seen as a symbol of wealth, he chose not the usual Mesopotamian culture beverage but the elegant wine. Carved stone shows him drinking wine from a bowl not beer. Beer was not used that much for gathering and fest  although it was provided, guest would choose the new drink over there native beer. It was regarded as an exotic drink and it high price and sacristy made it worthy of the gods themselves.2. What did drinking wine symbolize in ancient Greece and Rome?A: Drinking wine in ancient Rome and Greece was an emblem of power, prosperity, and privilege.3. How was wine consumed? Is this similar to or different from beer con sumption in Mesopotamia/Egypt?A: The Pharaohs tasted the wine and made their own vineyards near the deltas of the Nile, for this was a place with rich soil. They made it to where the production outside of their own vineyards was limited. However in Mesopotamia the elegant yet powerful wine was restricted only to that of the wealthy because of the lands incapability to support larger surpluses of the wine.4. How did the use of wine differ in the

Heart Is a Lonely Hunter

â€Å"We can't solve problems by using the same kind of thinking we used when we created them. † * Albert Einstein The Heart is a Lonely Hunter is a book describing and reflecting upon the problems in the southern United States in the 1930’s. The problems that the author, Carson McCullers, analyzes include alcoholism, labor unions, racial bias, as well as the many problems that economic instability can create. McCullers depicts each problem in a very realistic manner connecting one character with one specific issue. The reader identifies with each character because the social problems the characters face have not gone away.Americans still fight for economic justice and racial equality. Labor unions are still demonized by big corporations. These issues have not gone away. The most overbearing problem- in the 1930's and currently- is the economy. Poverty prevents a main character in this novel, Mick Kelly, from being able to follow her dream. Mick loves music more than an ything in the world: â€Å"The whole world was this symphony, and there was not enough of her to listen†¦ Now that it was over there was only her heart beating like a rabbit and this terrible hurt. (145) Micks feels so passionately about music that she wants to absorb as much as possible. She wants to pursue her dream of music, however, her father does not have a stable income and her mother works very hard for very little. This situation restrains Mick from being able to pursue her dreams by not allowing her to get the adequate instructions and opportunities she needs. The fact the Mick grows up working instead of in an environment where she cannot take music lessons or have the opportunity to follow her dreams, holds her from achieving greatness.The working class not only had to deal with the poverty but also labor unions. Jake Blount is a confused and mentally unstable man who spends his first few weeks in town drunk. Blount has many ideas that he is constantly speaking abo ut: â€Å"words came out of his throat like a cataract† (13). Blount is upset with company’s treatment of the middle class and finds it necessary to tell most everyone in his presence. He believes that America should enact socialist reforms. He is constantly encouraging the revolts of middle class workers to revolt as a reaction to the treatment in the workplace.Another prominent problem that McCullers identifies is institutionalized racism. Dr. Copeland's solution is education and fighting against the inequity: â€Å"In the face of brutality I was prudent. Before injustice I held my peace. I sacrificed the things in hand for the good of the hypothetical whole. I believed in the tongue instead of the fist. As armor against oppression I taught patience and faith in the human soul. I know now how wrong I was. I have been a traitor to myself and my people. All that is rot. Now is the time to act and to act quickly.Fight cunning with cunning and might with might. † (301-302) Dr. Copeland when first dealing with racism would attempt to find peace and submit to the criticism. As time went on in his life he realizes the best option is to fight the injustice. Not only has the problem held true to today's society, but his solution to the problem has become a reality. The problems the characters experienced then are still prevalent today. Poverty is an issue that is one of the focus of society. According to San Jose University the unemployment rate in the Great Depression peaked at 23%.The current unemployment rate, according to the Bureau of Labor Statistics, is at 9. 2%. While these numbers are different, they are still both very high. McCullers approaches this subject in very realistic and connecting method. The perspective in the 1930's, Mick Kelly is one that many kids are facing today. Kids today and 1930's face the problem of wanting to pursue their dreams but instead must work to support their family. This leads to unequal social statuses of children from varying backgrounds. Not only has the poverty remained present, labor unions have as well.Labor unions continue to be demonized by large companies. Since the 1930's labor union membership had been steadily decreasing until the beginning of the current economic recession. The fact that McCullers took the time to analyze such a problem that still exists today show how perceptive she was socially of the world around her. Institutionalized racism is a subject that is no longer prevalent today. The reason that the issue has decreased is because solution of fighting the injustice has taken effect.The current American president, Barack Obama, has dealt with the problems that McCullers describes. He has also taken the solution that McCullers implements through Dr. Copeland and has become the American president. McCullers identifies the possibility of the success and offers the solution. The problems of society are not taken lightly by anyone. McCullers broaches the problems i n a careful yet aggressive manner. She paints a powerful picture of each issue allowing the reader to connect with each problem even sixty years after writing the book.It does not take a genius to realize that the problems that McCullers examines and even offers solutions for come problems that are still prominent in today’s society. The specifics of the economy, labor unions, and racial bias have evolved with the rest of the country, but the fact that the problems are still here is a testament to the social awareness of McCullers while she was writing The Heart is a Lonely Hunter. While McCullers did not actually change these issues, she brought to light struggles that many Americans are facing today.

Iago’s soliloquies are embarrassing and outdated

â€Å"It is through Iago's soliloquies that the audience gain most insight and enjoyment† How far do you agree with these views and what is your opinion? Iago's soliloquies feature throughout the play Othello and allow the audience to see the true feelings he has for other characters and his motives for his evil actions throughout the play. These two critical opinions show contrasting views of the value these soliloquies have to the audience and to the play itself. When Shakespeare wrote Othello, actors on the stage would often interact with the audience and involve them within the play. Soliloquies were an opportunity for an actor in his role to explain his motives and way of thinking to the audience. This is shown when Iago asks ‘and what's he then that says I play the villain? ‘ directly asking the audience to question their opinion of him or become accomplices of his evil plan. To a modern audience this interaction with the actors is rare and outdated so to many Iago's soliloquies just appear to be a man speaking to himself on stage. This can be embarrassing for the modern audience and also the actor playing Iago who has to deliver the lines convincingly. Another problem for the actor is that in Shakespearean times plays would be performed in open-air theatres during daylight with the audience stood right in front of the stage. This is different to modern day theatres that are enclosed and dark with the audience sitting further away from the stage. This makes the relationship between actors and audience less intimate, which may make the soliloquy less effective and therefore outdated. At the end of his soliloquies Iago ends in a rhyming couplet such as in Act 1 Scene 1: ‘hell and night must bring this monstrous birth to light' which to modern audiences is slightly outdated and may associate Iago with a stereotypical villain in a pantomime who plots against the ‘good' guy, in this case Othello. In pantomimes, the villain similarly interacts with the audience and uses hyperbolic language with rhymes, dark imagery and rhetoric questions as Iago does. Therefore, Iago's soliloquies may be perceived as outdated and embarrassing for an audience who see Iago's representation as a villain as stereotypical and childish Iago's soliloquies may seem outdated and embarrassing for an audience due to his racist language repeatedly referring to Othello as ‘Moor' and as a ‘devil'. A modern audience may not understand the racial term ‘moor' due to it being out of date, particularly as other characters use it a non racial way. The way his soliloquies are set out in blank verse and in iambic pentameter may also be embarrassing for the audience and increase Iago's association with the pantomime villain. When Othello was first staged, blank verse would indicate a serious, important part of the play and the audience would understand this switch from prose. Modern audiences without understanding the literary device may therefore find it outdated and fail to understand why an actor would be talking in a regular rhythm only when he was alone on the stage. The view that Iago's soliloquies add little to the play can be justified as Iago never fully shares his plan with the audience often formulating it in his head and claiming that ‘it is engendered' or that 'tis here but yet confused'. Instead the audience only gets to see the beginning of the plan and who he plans to use to deceive Othello. The soliloquies can be seen as unimportant as Iago produces more motives that are unlikely to be true such as his claim that Othello has slept with Emilia, in order to justify his original lies. This can begin to get repetitive and tiring to an audience. Without the soliloquies the audience would not lose out on the plot, only on Iago's insight so it can be argued that they are unnecessary. However, the second critic's view that Iago's soliloquies are insightful and enjoyable can also be explored. Iago is the most important character in developing the plot as without his conniving plans to ruin Othello, Othello's and Desdemona's marriage would probably have survived. It is through his soliloquies that we see how his mind works and how he abuses people's good nature in order to ruin them. The soliloquies allow us to see into Iago's mind, which allows the audience to gain great insight into what he is doing. In Act 1 Scene 1 his first soliloquy reveals a great deal of his opinions of other people and it is though Iago is taking off a mask, suddenly revealing a darker side than we have seen so far. The audience see his true opinion of Roderigo as being a ‘fool' who he is only associating with for ‘sport and profit' and that he is impatient with his idiotic and defeatist talk. He also reveals his reason for bringing about the downfall of Othello is due to rumours he has heard of Othello sleeping with Emilia, which he continues to mention in other soliloquies, claiming ‘the lusty moor hath leaped into [his] seat' in Act 2 Scene 1. Other than this motive, which is possibly a lie in order to justify his evil nature, his other motives are selfish and unfair. Iago intends to ruin Cassio in order to ‘get his place' and later reveals a jealousy for Desdemona. He only expresses his motives within his soliloquies making them insightful to the audience even if they are only to defend himself. Iago manipulates Cassio's ‘smooth dispose' in order to use it against him and convince Othello that ‘he is too familiar with his wife'. He abuses people's good nature in order to defeat them and the audience can see this through his soliloquies. He knows that Othello will ‘prove to Desdemona a most dear husband' and is ‘of a free and open nature' but plans to use this good nature in order to bring his downfall. The audience sees that he is totally evil by regarding his manipulation of people and their lives as a game, structuring his plan carefully in order for him to cause great damage. His plan to ‘pour†¦ pestilence into [Othello's] ear' shows how he intends to use the trust he has developed with Othello to advise him against Cassio and Desdemona. He again, uses Desdemona who he believes to be ‘virtuous' and ‘fruitful' enjoying the fact that he will ‘turn her virtue into pitch' by using her ‘goodness' as the ‘net that shall enmesh them all'. The audience can get a true insight into Iago's nature of being spiteful and wicked, which would not be as clearly seen if the soliloquies were removed. The audience can almost see the way his brain is working and his language shows this. He uses repetition such as ‘How? How? ‘ as he puts together his plan and there are often small pauses and contemplative moments such as ‘let me see now' to reflect his plan coming together. His dark mind is reflected through his language with images of ‘hell' ‘devils' with the ‘blackest sins' and poison. For the audience, this can be exciting as they are involved in his plan, almost acting as accomplices. They hold a greater awareness of what is going on in the play than the rest of the characters and so can foreshadow Othello's downfall. The audience are far more likely to be sympathetic for Othello by knowing the true evil nature of Iago through his speeches, particularly in knowing that even Iago, who sees the worst in people admits that Othello is ‘of constant, loving, noble nature'. In my opinion, the second critic's view that Iago's soliloquies are insightful and enjoyable is the most justified. Without his soliloquies the audience would be unaware of how Iago's plans come together, his motives or how he views the other characters. When he is with other characters it is almost as if he is wearing a mask to cover up his true feelings. He plays the honest and trustworthy friend and it is only when he is alone does his true nature show and the audience discovers that this is a clever manipulating method that he uses, knowing Othello ‘thinks men honest that seem to be so'. The first critics opinion that Iago's soliloquies are embarrassing and outdated can be a problem due to modern audiences not being used to this device. However, it can also be refreshing for an audience to experience this different way of acting and enjoyable to be involved in Iago's plot. As a modern audience we should understand that the play was written in a society that was different from today and therefore be less judgemental on how outdated it is. The critic's view that they ‘add little to the play' is, in my opinion less justified. The soliloquies may not be essential to the actual plot of the play but they provide a great by giving the audience an opportunity to understand Iago's character. As an audience we can foreshadow the upcoming events in the play and therefore be more interested as it all unravels. An audience will feel more hatred towards Iago due to his soliloquies and therefore feel more sympathy for the other characters as he causes their downfall. Instead of providing little to the play, they provide a great deal by stirring up the audiences emotions to the characters. Overall, I believe Iago's soliloquies to be of great insight and enjoyment to the audience as they allow an audience to see into his mind and be aware of his plot to bring Othello's downfall. Instead of being outdated and embarrassing they are insightful and enjoyable as audiences can directly witness his harsh and wicked nature.

Certainty Essay Example for Free

Certainty Essay Essay Topic: Certainty Choose cite format: APA MLA Harvard Chicago ASA IEEE AMA company About StudyMoose Contact Careers Help Center Donate a Paper Legal Terms & Conditions Privacy Policy Complaints The Purpose of the Certainty of Objects Requirement – For a Trust to exist, A must: (i) hold a specific claim-right or power; and (ii) be under a duty to B not to use that claim-right or power for A’s own benefit (unless and to the extent that A is also a beneficiary of the Trust). In other words, for a Trust to exist, A must be under the core Trust duty. The certainty requirements for a Trust simply reflect the fact that A must be under a duty to B in relation to a specific right. The certainty of objects requirement ensures that: (i) A owes a duty to a specific person; and (ii) A’s duty is certain enough to be enforced. The certainty of objects requirement can sometimes be seen as an inconvenient obstacle that can trip up a party (A0) trying to set up a Trust. However, it serves a vital purpose: a court cannot enforce a duty unless that duty is adequately defined. This point is not peculiar to Trusts. For example, an agreement between A and B can only impose a contractual duty on A to B if it is satisfies a certainty test: the nature of A’s duty to B must be adequately defined. In understanding the certainty of objects requirement, it is important to ask what information the court needs in order to enforce A’s supposed duty to B. If that information is lacking, A’s supposed duty cannot be enforced; so A will be under no duty to B; so there can be no Trust. 2. Discretionary Trusts – A discretionary Trust is a form of Trust (see p 222-4 of the book): it can exist only if A is under the core Trust duty. Example 1a: A0 transfers ? 100,000 to A subject to a duty: (i) not to use that money for A’s own benefit; and (ii) to invest the money prudently; and (iii) at the end of 21 years, to pay any unspent part of the ? 00,000 and its income to Oxfam. A0 also stipulates that, during that 21 years, A can, if he wishes, pay all or any of the ? 100,000 and its income to all or any of A0’s children or grandchildren. In such a case, there is clearly a Trust: A is under the core Trust duty. And Oxfam is a beneficiary of that Trust: A owes the core Trust duty to Oxfam. A0’s children and grandchildren are not, however, beneficiaries of a Trust: A does not owe them the core Trust duty. Rather, A has a power: A can, if he wishes, give all or any of the money to all or any f A0’s children and grandchildren. 1 See eg G Scammell & Nephew Ltd v Ouston [1941] AC 251. 1 – A discretionary Trust is a particular form of Trust: it exists where A, in addition to being under the core Trust duty, has a power to choose how to distribute the benefit of the right A holds on Trust. Example 1b: A0 transfers ? 100,000 to A subject to a duty: (i) not to use that money for A’s own benefit; and (ii) to pay the money, in equal shares, to all of A0’s children and grandchildren. In such a case, there is clearly a Trust: A is under the core Trust duty. There is no discretionary Trust: A does not have a power to choose how to distribute the benefit of the ? 100,000. Rather, there is a fixed Trust: A is under a duty to distribute the benefit of the right held on Trust in a specific way. Example 1c: A0 transfers ? 100,000 to A subject to a duty: (i) not to use that money for A’s own benefit; and (ii) to invest the money prudently; and (iii) by the end of 21 years, to have distributed that ? 100,000 and its income, as A sees fit, amongst all or any of A0’s children or grandchildren. In such a case, there is a discretionary Trust. A does owe the core Trust duty to A0’s children and grandchildren; but A has a power to choose how to distribute the benefit of the ? 100,000. 3. Discretionary Trusts & Certainty of Objects: The â€Å"Any Given Person† Test Example 2: A0 transfers ? 100,000 to A subject to a duty: (i) not to use that money for A’s own benefit; and (ii) to invest the money prudently; and (iii) by the end of 21 years, to have distributed that ? 100,000 and its income, as A sees fit, amongst all or any of A0’s relatives. In Example 2, there seems to be a problem. A0 has attempted to set up a discretionary Trust. However, such a Trust depends on A being under a duty not to pay any of the money to a person who is not a relative of A0. But can a court enforce that duty? For example, let’s say A chooses to pay out ? 5,000 to X. Is there a meaningful test the court can use to decide if X really is a relative of A0? If not, a key part of A’s intended duty cannot be enforced; in that case, the intended discretionary Trust cannot exist. And, if that occurs, A will hold the ? 100,000 on Resulting Trust for A0 (or, if A0 has died, for A0’s estate). We can sum up this point by saying that, for a discretionary Trust to exist, it must pass the â€Å"any given person† test: a court must be able to tell of any given person (eg X) whether or not that person falls within the class of those to whom A is permitted to distribute the benefit of the right A holds on Trust. 2 That â€Å"any given person† test is often referred to as the â€Å"given postulant† test. In re Baden (No 2),3 the Court of Appeal considered whether a discretionary Trust for A0’s relatives could pass that test. 2 3 See per Lord Wilberforce in McPhail v Doulton [1971] AC 424 at 456. [1973] Ch 9. Stamp LJ held that the discretionary Trust was valid. His Lordship reached that conclusion by taking a very narrow view of relatives as including only A0’s statutory next of kin (ie those close relatives specified by statute as being able to acquire A0’s rights if A0 dies without making a valid will). 4 Sachs and Megaw LJJ took a much broader approach to the term â€Å"relative†, defining it as anyone sharing an ancestor with A0. 5 That definition seems to cause a problem: if X claims that he and A0 had the same great-great-great-great-great grandmother, can the court really test that claim? Sachs and Megaw LJJ both dealt with that point by saying that the onus is on X to prove that claim; until X does so, it must be assumed that X does not share an ancestor with A0. 6 The approach of Sachs and Megaw LJJ (assuming X is out of the permitted class, unless and until X can show otherwise) seems to make the â€Å"any given person† test redundant. For example, if A0 tries to set up a discretionary Trust in which A has a power to distribute the benefit of a right to anyone who is a â€Å"good person†, we might expect A0’s attempt to fail: there is no way for a court to tell if X is or is not a â€Å"good person†. However, on the approach of Sachs and Megaw LJJ, we could instead say that the discretionary Trust is valid – it is just that, if X cannot prove he is a â€Å"good person†, it will be assumed that he is not such a person. It seems that neither Sachs LJ nor Megaw LJ wanted to leave the law in such a way as to permit there to be a discretionary Trust in favour of anyone who is a â€Å"good person†. So each judge added a further certainty requirement. Sachs LJ stated that the class of those to whom A can distribute the benefit of A’s right must be â€Å"conceptually certain†: that is, it must be possible to come up with a definition of the class. Practical, evidential problems as to whether X is or is not within that definition can be dealt with by applying the simple rule that X is out of the class until he proves otherwise. So the â€Å"good person† discretionary Trust will be invalid as there is no clear way of defining that term: it is conceptually uncertain. In contrast, whilst it may be difficult, or even impossible, to tell if X is or is not a relative of A0, that evidential uncertainty will not defeat the discretionary Trust. Megaw LJ added a different requirement, stating that a discretionary Trust can only be valid if there are a â€Å"substantial number† of people who are clearly within the class to whom A can distribute the benefit of A’s right. 8 Again, that requirement can be used to mean that a â€Å"good person† discretionary Trust is invalid, whereas a â€Å"relatives† discretionary Trust is not. The extra requirements imposed by Sachs and Megaw LJJ do not assist in fulfilling the purpose of the â€Å"any given person† test: making sure the court can tell if A distributes the benefit of the right to a person outside the permitted class. It may be that each requirement instead aims to ensure that the discretionary Trust makes some practical 4 5 [1973] Ch 9 at 28-29. Ibid at 21-22 (following the lead of the first instance judge, Brightman J). 6 Here, again, the lead of Brightman J was followed. 7 Ibid at 20. 8 Ibid at 24. 3 sense: for example, if it is not possible to give a conceptually certain definition to the class, it may well be that no-one can show he is within that class. Megaw LJ’s requirement for a â€Å"substantial number† to be within the class is of course quite vague: the point seems to be that, for a iscretionary Trust to make sense, A must have a genuine choice to make as to who will receive the benefit of A’s right. However, that point is not always correct: for example, the discretion in a discretionary Trust could come from A having a power to decide how much of the benefit of A’s right a particular individual should receive. 4. 4. 1 Discretionary Trusts & Certainty of Objects: Further Tests The â€Å"full list† test? At one point, it was suggested that a discretionary trust could be valid only if the court could draw up a full list of the people to whom A is permitted to distribute the benefit of a right. On that view, in Example 2, a discretionary trust would arise only if it is possible to draw up a full list of A0’s relatives. However, in McPhail v Doulton, the House of Lords rejected that view. 9 It was based on the idea that, if A failed in his duty to distribute the benefit of the right, a court would have to step in and decide how to distribute. And, to avoid favouring any one person, the court would have to order equal division of the benefit of the right amongst all members of the class. On that view, a discretionary trust would become, in effect, like the fixed Trust in Example 1b: so a full list would be necessary. In McPhail v Doulton, Lord Wilberforce pointed out that, if A fails in his duty to distribute the benefit of a right, a court does not have to order equal division. 10 After all, such equal division could be one of the worst ways of distributing the benefit of a right: for example, splitting up a fund of ? 100,000 equally among 1,000 people would mean that no one person gains a substantial benefit from the discretionary trust. So, given the other means by which the court can step in to execute a discretionary trust, there is no need to apply the â€Å"full list† test. 4. 2 The â€Å"administrative workability† test The fact that a court may need to step in and execute a discretionary trust does not mean that a discretionary trust must pass the â€Å"full list† test. Nonetheless, it may have some impact. For example, if the terms of the attempted discretionary trust mean that there is no sensible plan a court could adopt to execute that supposed trust, then A0’s attempt to set up a discretionary trust must fail. This point may explain the (rarely relevant) â€Å"administrative workability† test. 11 9 [1971] AC 424. Ibid at 456-7. 11 That test is referred to by Lord Wilberforce in McPhail v Doulton: [1971] 1 AC 424 at 457. 10 4 For example, in one case,12 A0 (a council shortly to disappear as part of a reorganisation) attempted to set up a discretionary trust (of a large sum of money) for the benefit of all the former residents of the area covered by that council. The class of people to whom A could distribute the benefit of its right would thus include over 2 million people. It was found that the council’s attempt to set up a discretionary Trust failed: the planned Trust was â€Å"administratively unworkable†. The problem here may be that, if A fails to perform his duty to distribute, the court will have to step in. And is there any sensible way order a court could make to distribute the benefit of A’s right? We have to bear in mind the need for a court to avoid making the type of contentious political decision which it is ill-suited to make and which may cause resentment. 3 Of course, in most cases, no such problems arise: the â€Å"administrative workability† test rarely prevents an intended discretionary trust from arising. This explanation of the â€Å"administrative workability† test explains why it applies to discretionary trusts but not to attempts to give A a power (as in Example 1a). If A chooses not to exercise a power to distribute the benefit of a right then, as A is under no duty to do so, a court does not need to step in and order some form of distribution. There is thus no risk of a court facing the dilemma that would arise if an administratively unworkable discretionary trust were allowed to be valid. 4. 3 The â€Å"non-capricious† test Although the â€Å"administrative workability† test does not apply to powers, that does not mean that powers are free from certainty tests. For example if A has a power to distribute the benefit of a right to all or any of a certain class of people then, as is the case with a discretionary trust, A is under a duty not to distribute outside that class. So, with a power as with a iscretionary trust, the â€Å"any given person† test applies:14 the power is only valid if a court can tell, should A exercise the power in favour of X, whether or not X is in the permitted class. Sometimes, when accepting a power, A also comes under a duty to act loyally and responsibly when considering whether to exercise that power. In such a case, for example, A (as is the case if A holds a right on a discretionary trust) cannot simply ignore the power: he is under a duty to members of the class of potential recipients to consider periodically whether or not to exercise the power. 5 In these cases, A can be said to have a â€Å"fiduciary power†: A is not just under the negative duty not to distribute outside the permitted class; he also has some positive duties in relation to the power. It has been held that A0’s attempt to set up such a power will fail if the intended power is â€Å"capricious†: if there are no sensible criteria A can apply in considering whether and how 12 13 R v District Auditor, ex p West Yorkshire MCC [1986] RVR 24 (noted by Harpum [1986] CLJ 391). For example, would the money be better spent on paying for a new school, or a new hospital, or new sports facilities? 4 See eg re Gulbenkian [1970] AC 508. 15 For a discussion of A’s duties in such a case see eg per Megarry V-C in re Hay [1982] 1 WLR 202, esp at 210. 5 to exercise his power. 16 This does not mean that, when giving A the intended fiduciary power, A0 needs to spell out what factors A should take into account. However, it does mean that if the supposed power is â€Å"capricious† (ie there is no sensible scheme A can come up with) then A0’s attempt to give A the power must fail. Two points are worth noting about this â€Å"non-capricious† test. First, if it is linked to A0’s attempt to impose a duty on A to act loyally and responsibly when considering whether to exercise a power, it must apply to an attempt to set up a discretionary trust: such a duty is a key part of a discretionary trust. Second, in practice, it is very unlikely that this test will present a problem: people rarely go round setting up bizarre powers that cannot be considered in a sensible way. 4. 4 The â€Å"one person† test Example 3: A0, an owner of a large number of paintings, dies. In his will, he instructs A (his executor) to allow â€Å"each of my friends† to purchase one of those paintings each, at half its market value. In such a case, A0 does not attempt to set up a discretionary Trust: A has no power to choose how to distribute his rights. Rather, each friend of A has a fixed entitlement. A0 is attempting to make a conditional gift: if X satisfies a particular condition (if he is a friend of A0) he has a specific right. Nonetheless, it may seem that there is still a certainty problem: how can A (or the court) tell if X is or is not a friend of A0? However, in re Barlow, the essential facts of which were identical to Example 3,17 Browne-Wilkinson J held that the conditional gift was valid. His Lordship noted that an attempt to set up a discretionary Trust for â€Å"friends of A0† would fail: applying Sachs LJ’s test in re Baden (No 2), the term â€Å"friends of A0† is conceptually uncertain. However, a conditional gift should be treated differently: if there was just one person who could clearly show he was, on any reasonable test, a friend of A0, that person is entitled to acquire one of the paintings. 8 The test applied in re Barlow has been criticised. However, it can be defended. If an attempted discretionary Trust (eg in favour of â€Å"friends of A0†) fails a certainty test, then someone who could have benefitted from A’s power (eg a clear friend of A0) will miss out. But, in any case, that person only had a chance of receiving a benefit; he had no legal guarantee. In contrast, if a conditional gift is found to be invalid when there is a person who definitely stands to benefit from it, that person is deprived of a definite entitlement: a right given to him by A0. Certainty. (2018, Oct 14).

Applying Theory to a Practice Problem of Nursing Essay

Applying Theory to a Practice Problem of Nursing - Essay Example Nursing has developed differently through the years, with the efforts of the theorists of the different nursing eras; they have helped turn it into a respectable and reputable profession. It cannot be questioned for it has been backed up the different nursing theories which helped carve what nursing practice is today. Providing care is one of the main responsibilities that a nurse has to give to a patient. In fact, nursing has almost come to be defined as synonymous to caring, because nurses include care into their daily interventions. Caring for people in the field of nursing involves the simplest of things. Indeed, listening attentively (and hearing the message between the words) to what patients say about themselves, about their environment, about their current situation, about matters concerning the mind, heart, and soul, and different other things are part of caring that is inherent in the nursing profession (Bernick, 2004). Caring in nursing also manifests itself in the simple aspects of therapeutic communication, in a touch that can transcend the barriers of age and race, and even in the nurse’s simple presence at the bedside, giving the patient the feeling of peace and security. This process of caring has been maintained for all these years by both contemporary and pioneer nurses. But with the appearance of technologies that can diagnose a patient without having to ask them any questions aother than their personal information and lessen the time of poking and proding, the idea of spending a quiet tim e with the patient has lost some touch to the nurses nowadays. The idea of saving time and alloting them to other chores rather than giving the patients the care that they needed runs within the nurse’s mind. Time spent with the patient decreases which means the care given to the patient also diminishes. The application of nursing theories actualy loses its touch on the nurse, without the nurse even noticing. Caring is one of the essential component of nursing, one they tend to overlook and disregard. To be unable to perform this task means that the nurse is not performing the responsibility placed upon their shoulders. The only time that nurses realize that providing more than the average activities and giving the caring needed not only improves the healing ability of the patient is through the presentation of evidences of improvement when they are given; one of which is presented by situations where the cases are treated with the application of the different theories develo ped through the years.This paper aims to determine the importance of application of theories on the everyday job of a nurse. How with the guidance of the theories developed years ago can improve the ability of a nurse to provide proper care for their patients. The application of nursing theories in practice has improved the nurse’s ability to provide for all the needs of the patient. Whether it be his physical, emotional, psychological or spiritual need; a nurse can help the patient with the proper application of a specific theory needed by the situation. The theories used in practice were identified and classified according to three general divisions: The grand theories, mid-range theories and the borrowed theories. Application of Grand theory to the Problem Nursing theory is an important aspect of nursing that

Strengths and Weakness as a writer Essay Example | Topics and Well Written Essays - 500 words

Strengths and Weakness as a writer - Essay Example Currently, writing in college begins when you had an assignment and instructed to research on a particular topic (Wyrick, 2013). Alternatively, you may perform an experiment in the lab and be required to analyze, discuss and offer a conclusion about the information you obtain from the analysis. It is during the study/research, or after the experiment that you start writing. It happens when you are combining information from different sources such as journal article, books. In the end, you have to document your sources to avoid plagiarism. Such tasks are usually longer and necessitate the combination of multiple writing strategies in unique ways to address the task thoroughly, objective, and audience. Difficulties emerge when I cannot find the information that I need from other sources to assist me in comparing or learning something new, which usually happens when the topic I am studying is unique or has received little research in the academic world. During such periods, I am regularly compelled to utilize whatever source and combine it with my knowledge to develop a meaningful conclusion. My strengths lie in being able to analyze information and coming up with a good end. I can compare numerous sources, and derive the required data. My limitation is being slow during writing. I can enhance my writing experience by reading different books to gain a wider understanding of the relationship between biology and the world and by practicing writing articles in blogs regarding issues and topics that touch biology.