Criticism of Industrial England Essay Example for Free

Criticism of Industrial England Essay In Hard Times Charles Dickens criticizes several aspects of life among the lower classes working in factories in England during the nineteenth century. This paper will examine three of the subject Dickens condemns in Hard Times: Grandgrindism, the divorce laws in England at the time and bad education for children. Hard Times is set in Coketown, England. It was a town of red brick, or of brick that would have been red if the smoke and ashes had allowed it . . . It was a town of machinery and tall chimneys, out of which interminable serpents* of smoke trailed themselves for ever and ever, . . . It had a black canal in it, and a river that ran purple with ill-smelling dye (Dickens, 28). Coketown is typical of the industrialized factory towns that grew under the concept of Grandridnism, a term Dickens coined from a composite of popular philosophies of the day: utilitarianism, cutthroat capitalism, and self-interest among members of the upper classes. Dickens uses his character Stephen Blackpool to censure both the unions and the laws in England. Blackpool refuses to join the union that has formed in Coketown, consequently he is blackballed by the union and unable to find work even though he is an excellent worker. Here Dickens seems to be replacing one taskmaster, the company owners with another, the union, both of whom are more interested in their own interests than that of the workers. Blackpools troubles are increased because of his marriage. His wife went bad and took to drinking, left off working, sold the furniture, pawned the clothes, and played old Gooseberry (Dickens, 95). Unfortunately Blackpool is unable to get a divorce. To do so he would have to go to Doctors Common with a suit, and youd have to go to a court of Common Law with a suit, and youd have to go to the House of Lords with a suit, and youd have to get an Act of Parliament to enable you to marry again, and it would cost you (if it was a case of very plain sailing), I suppose from a thousand to fifteen hundred pound (Dickens, 99). Each of these tasks was beyond the means of Blackpool the combination of them was staggering. Clearly only the rich can get a divorce. When Blackpool expresses dismay at the legal requirements, Tis just a muddle atoogether, an the sooner I am dead, the better (Dickens, 99), he is chastised. Pooh, pooh! Dont you talk nonsense, my good fellow, said Mr. Bounderby, about things you dont understand; and dont you call the institutions of your country a muddle, or youll get yourself into a real muddle one of these fine Here Dickens is criticizing not only the divorce laws, but any laws that unfairly discriminate against the lower classes so much that they would rather die soon than have to live under the laws. Dickens disapproves of the education of the day with its emphasis on utility and absence creativity and concern for the individual student. You can only form the minds of reasoning animals upon Facts: nothing else will ever be of any service to them. This is the principle on which I bring up my own children, and this is the principle on which I bring up these children. Stick to Facts, Sir! (Dickens, 1). While Hard Times offers pertinent criticism of the living conditions of industrial workers in industrialized England, unfortunately Dickens fails to do is provide solutions for these problems. That is not to say his efforts were and are in vain. Change will only come after issues have been made known to the public at large and the ruling class in particular. Due to the increasing prosperity of people in the United States early in the twenty-first century it is difficult to identify with the characters in Hard Times. However its relevance is recently more significant as difficulties as an increasing amount of working conditions for factory workers in the third world reveals conditions similar to and even more harsh than those experienced by the people in Dickens novel. Hard Times is a valuable book for today just as it was when published. Works Cited Dickens, Charles. Hard Times. Oxford: Oxford University Press, 1989.

Recognising Children at Risk (Child Protection) | Case Study

Recognising Children at Risk (Child Protection) | Case Study A given scenario on Recognising Children at Risk (Child Protection). The essay should be based on a given scenario, which has been divided into three sections with question prompts at the end of each section which should assist the essays focus. Section One Stephen and Eileen have been together for seven years and have two children aged five and eleven months. Eileen also has a daughter aged ten from a previous relationship. The family seemed to function quite well until Stephen lost his job a year ago. He has been unable to find other employment and has been drinking heavily, this means that the family have financial worries and this impacts on family relationships. Eileen has recently found a part-time job and leaves the baby with Stephen. In light of his drinking problems, his being left in sole charge of a very young child would, in itself, be an area for concern. The neighbour’s concern was justified with regard to children she was used to seeing on a regular basis. Both the teacher and the school nurse have concerns with regard to the children’s wellbeing. The rows and screaming that the woman overheard tend to suggest that there is violence in the home and it is well documented that this has a deleterious effect on children and their behaviour. The police referred the neighbour’s concerns over the Drake/Harris family and it thus warrants an initial assessment, which should take place within seven days of the original referral. An initial assessment would involve the social worker visiting the family home and seeking permission to speak with staff at the school, the Health Visitor , and the family’s G.P. as well as the family themselves. This might also involve a request for the children to be examined by the family doctor and a report made for Social Services. There would need to be some kind of assessment as to the extent of violence in the family and how that is affecting the family’s wellbeing. It is often a good idea to see how the children respond to questions regarding what has been happening at home recently. At the same time the Social Worker might want to establish that the family are receiving all the benefits they are entitled to while the man is unemployed. I think it would also be appropria te that if the mother is to continue working then alternative arrangements need to be made for the baby’s care while she is at work. Once these initial elements are addressed then a multi-agency case conference needs to be convened in order to assess what might be the best way forward for the whole family. This would usually consist of the Social Worker his/her immediate superior, someone from the child protection scheme, the police (as the referral was made by them) teacher, health visitor and the parents. Eileen denies that her partner inflicted the bruising noted on her arms and legs and insists that she fell down the stairs. This is a common response by women subjected to domestic violence. The father has a problem with alcohol and is also known to indulge in violent outbursts and this raises serious concerns as to whether he is a suitable person to be left in charge of an eleven month old baby. Clearly the family is in need of further support under the terms of the 1989 Act and a full multi-agency assessment of those needs is required. Stephen sees this as interfering and insists that his only problems are lack of work and money. Eileen is more compliant and agrees to visit the GP with the children. Although the GP has few concerns with regard to the children’s wellbeing other than the fact that they have lost some weight and the baby is not gaining weight at the rate expected, there are some concerns that Eileen might be suffering from depression. Staff at the school report that there are some concerns over the children’s behaviour which has altered considerably over the past few months. Jack in particular has been displaying behaviour that is normally associated with a two or three year old, doing anything to attract attention. This was also noted at the initial assessment when Jack was jumping all over the place. His reception class teacher also reported that she had noticed a lack of concentration in class. Cathy and Jack were clearly unhappy with the situation at home and with any attempt to question them about what was happening. It might be that they were simply trying to protect their parent’s privacy but Cathy’s reluctance to talk about the b ruises she received and what has been going on raises concerns as to whether Stephen’s violence is restricted to their mother or whether it extends to the children. It is also of concern that a previously lively ten year old should now be withdrawn. This kind of withdrawal is a common occurrence among children who witness violence in the home and those who have worked with children witnessing domestic violence (Abbott Wallace, 1997). Section Two A week after the initial visit the Health Visitor has reported that she has some concerns over the baby’s health and is also concerned for Eileen who has just discovered that she is pregnant with a fourth child and has bruising to her face. Eileen has admitted to the Health Visitor that Stephen hit her during a row over money she agrees to again visit the GP with Lucy. The doctor did not examine Eileen but noted that the baby Lucy had some bruising on her arm which her mother said had been caused by her brother Jack throwing a toy. This is new information and actually requires a further assessment of the family’s needs. Agencies, both statutory and non-statutory, have a duty with respect to safeguarding children. This was highlighted in research evidence (1995) and further documented in the Department of Health 1999 Report Working together to safeguard children. Guidance has tended to be clearer and more prà ©cised in accordance with Lord Laming’s recommendation s over the Victoria Climbie enquiry (Laming, 2003). A whole series of measures have since been put in place to target families such as the Drake/Harris’s. The Joint Chief Inspector’s Report, Safeguarding children (2002) defines safeguarding children and their families in the following way: All agencies working with children, young people and their families take all reasonable measures to ensure that the risks of harm to children’s welfare are minimized, and where there are concerns about children and young people’s welfare, all agencies take all appropriate action to address those concerns, working to agreed local policies and procedures in full partnership with other local agencies. Under section 17 of the 1989 Children’s Act the authority has a duty to treat the Drake/Harris children as children in need. This means that the family will need some service provision in order to ease the immediate strain and to give better prospects for the children’s emotional, physical and social development. Eileen has admitted to having suffered violence at the hands of her partner and is now concerned because she is pregnant with another child. The Health Visitor suggests a termination but as yet it is not clear whether Eileen is going to take this route. While there is no immediate reason to suspect that Lucy is being ill treated there is some concern that she is left in the care of her father for two afternoons a week while her mother is working. It is recommended that alternative care be found for Lucy. Under Section 18 (1) of the 1989 Act it may be possible to arrange nursery care for those afternoons.[1] At the present time there are a number of concerns associated with this family. The concern for Lucy has already been expressed and although it is not clear that either her or the other two children have suffered violence they are certainly affected by the situation. In view of this, and the husband’s resistance to outsider involvement it may be necessary to apply to the Courts for a Child Assessment Order. It seems fairly clear that the family does need some support during this crisis and that without such support the children will be at risk of harm due to a number of factors.The family circumstances i.e. unemployed father and significant financial problems, indicate that the children’s development (even without domestic violence) is liable to suffer. Sidebotham, et al’s (2002) study of parents and children and children on the At Risk Register, found that in homes where there was unemployment and financial deprivation children ran a greater risk of being abused . The researchers found a clear link between social and economic deprivation and the risk of abuse. The Health Visitor phones the next week and explains that Eileen came into the surgery that morning in a terrible state as she thinks she is pregnant again. The health visitor noticed that baby Lucy appeared unwell again, with a bad cold and problems breathing and that there was bruising on the left side of Eileen’s face and over her right shoulder. When the HV asked her about the bruising, Eileen admitted that Stephen had hit her during a row the night before. She claimed that Stephen had been full of remorse and promised to make amends and did not want the HV to tell anyone else about it. Eileen was still worried about how he would take the news that she is pregnant again. The Health Visitor had advised Eileen about the possibilities of a termination of the pregnancy and suggested that she make an appointment to discuss this with the GP and to check her injuries and Lucy’s chest and breathing, which seemed poor. On checking with the GP after surgery this morning the H V has discovered that he only examined Lucy and gave a prescription for medication for her cold and severe nappy rash. Eileen’s own injuries and her possible pregnancy were not discussed. The Doctor however did also notice bruising on the baby, which the mother told him had been caused by Jack, her brother, throwing a toy. The second assessment was decided over the telephone by several representatives. The family receive another visit and this time the social worker is joined by the Child Protection Officer injuries to Lucy are again questioned. Steven admitted to striking Eileen while she was holding the baby and the team decided that the injuries to Lucy were non-accidental. Concern was also expressed over her significant weight loss. Section Three Gardner (2002) in a study undertaken for the NSPCC found that support services could be of significant help under these circumstances and that 58% of children considered to be at risk, and had access to support services, showed significant improvement in their development after these measures were put in place. In 2001 the Government commissioned the Children in Need Census[2] which attempted to establish why children accessed children in need services, what type of provision they accessed and the costs associated with that provision. The Drake/Harris children are further at risk due to Stephen’s alcohol abuse. Harwin and Forester (2002) found that in cases where the parents misused drugs or alcohol, the children often came to the attention of Social Services as a result of concern for their safety and well being. Over 290 cases across four London Boroughs, showed that a third of those requiring long term intervention had parents with some form of substance misuse. This caused concern in a number of areas, particularly where there were children under the age of six. In the present case two of the children, Jack aged 5 and Lucy aged 11 months should be assessed as potentially being at considerable risk. It would seem that there is sufficient concern that a core assessment might be suggested at the inter-agency case conference as there is some evidence to suggest that a deeper and more comprehensive evaluation of both the family circumstances and their needs should be carried out. It is not clear how Cathy’s injuries were received and perhaps a Child Protection Plan might be considered at the Child Protection conference. The most immediate threat, the father, has agreed to leave the house for a week. This negates the need for a care order to remove the children to a place of safety. He should receive some advice and support on how to handle his drinking. It might also be appropriate to suggest anger management. However, the father is expected to return and there is therefore a need to place all three children on the child protection register. It would seem appropriate for both Jack and Cathy to be placed on the register under two categories, emotional abuse (due to domestic violence) and physical abuse, although in Jack’s case there is no evidence and in Cathy’s case the evidence as to how she received the injuries is unclear this is still a cause for concern. Lucy is the child that raises the most concern and it would seem appropriate that she be registered under three categories, emotional abuse, physical abuse and neglect. This last is due to her significant weight loss, coupled with nappy rash which should have been seen by a doctor before the referral. Sometimes when domestic violence is an issue children become neglected because the mother is so engrossed with dealing with the violence and her own feelings that she does not always take sufficient notice of what is happening to her children (Dobash and Dobash, 1992). It might also be helpful if the family were assigned a regular family support worker who could keep an eye on the children’s development and lend support with baby until the mother was feeling better. She also needs to be given information regarding refuges and domestic violence issues in case the husband returns and is again violent. All of the above could be problematic, many families are frightened when they hear about the child protection register and think that children remain on it. The mother would need to be reassured that when a suitable time has elapsed and the team are convinced the children are no longer at risk then they can be de-registered. Whether the father will agree to alcohol counseling and anger management is not known at this moment and if he refuses this could become quite problematic. It is for this reason that it seems appropriate to give the mother advice over what she can do to avoid the same scenario. The parenting support might also be objected but, if necessary, this can be enforced by a court order. The school would need to be informed as to the progress of the family. The Health Visitor should continue visiting regularly and report any problem areas to the GP and to the social worker. If the father is compliant and either stays out of the family home or obtains the help outlined above then there should be no need for further police involvement or for a care order to be requested. I can see no areas where there might be conflict between the various agencies with regard to this protection plan. Bibliography Abbott and Wallace (1997) An Introduction to Sociology, Feminist Perspectives Routledge, London. Department of Health (1999) Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children HMSO. Department of Health (2000) Framework for the Assessment of Children in Need and their Families The Stationary office. Department of Health (2000) Assessing Children in Need and their Families The Stationary Office Dobash, R and Dobash, R (1992) Women, Violence Social Change, Routledge, London New York Gardner, R. 2002 Supporting Families: L Child Protection in the Community Chichester Valley Harwin J. and Forester, D. 2002 Parental Substance Misuse and Child Welfare: A study of social work with families in which parents misuse drugs or alcohol Department of Health Sidebotham, P. et al â€Å"Children at Risk of maltreatment in Children of the Nineties: deprivation, class and social networks in a UK sample† Child Abuse 26 (12) pp 1243-1259 Wilson, K. and James, A. (Eds) (1995) The Child Protection Handbook, Bailliere Tindall. 1 [1] http://www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_6.htm#mdiv43 Crown Copyright [2] http://www.dfes.gov.uk/publications/childrenactreport/docs/DfES-Childrens Act.pdf

do our judgement of others define by the symbolz they signify :: essays research papers

Do our judgment of others defined by the symbols they signify?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Are judgment of others defined by the symbols they signify? Why do we judge people based on how they appear? From the min we see somebody wearing bagging jeans, big shirts, just the whole package. We take them to be no good. When that’s not always the case . Do we look at them for what they symbolize? By the way they walk, talk, act. Names and titles always symbolizes a person. It describes a persons outlook. When you hear psycho. We would think that the person is crazy. And would know to stay away.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Why do we judge people based on how they appear? When I was first saying bout the baggy jeans, big shirts. We look at them basally to be bad because most people who dress like that are. If I were to dress up as a police and walk down the street people will always come to me asking for help or something that a police individual would do. With Hester and scarlet letter. In the book people who wear the scarlet letter are known to have done something bad. And so they look down on her. With Mr. Dimsdale he is look upon as a someone who has no sin. Ideal. Just on what we appear to be.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Do we look at them for what they symbolize? of course we do. Its not right. But lets take for sample an old guy with baggy cut up clothes, long bread, just sitting down in a corner of a street. We take the old man don’t have a job, car, education, no life. And that just may be the case. But how a person symbolizes themselves to be that’s what we take them for. If a young lady comes in with her hair in a bun and very covered up, No make-up. Always keeps her head down .You take her to be shy , keep to herself or something like that. Just by her just doing all that. We take her to symbolizes a shy lady. As well as Mrs. Hibbins. She acts a witch. Everybody is going to take her to be one .   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Names and titles always symbolizes the person. With teenagers, society looks at teens to be wild, out of control people that just want to party. Just because of what their named â€Å"teens† .

Cause Effect Essay - Consequences of Too Many Cats -- Expository Cause

Cause Effect Essay - Consequences of Too Many Cats We have five cats that live in our house. This was not our original plan, but it turned out that way. My family got two tortoiseshell-colored kittens, Kit-Fat and Minkie when I was nine and my sister was seven. Two years later, we were preparing to move to the country, and our pastor's daughter had three kittens to give away. Our pastor convinced us that we needed cats outside in the country. At that age, Risa and I were greatly in love with kittens. Subsequently, three tabby kittens named Duff, Muff, and Buff came to live with us. But alas, our move was delayed and these adorable fluff balls lived inside for the next six weeks. When we finally moved, the whole family was too attached to these kittens to out them outside and subject them to the dangerous world. Therefore, we became a household with five cats. To this day, we are still reaping the consequences of that choice. Occasionally, there is an article in the newspaper about a house where the people have many cats and do not care for them. The cats are allowed to take over the home and a severe mess results. This is obviously the extreme result of having too many inside cats. However, even in households where the cats are well taken care of, problems can result from a profusion of inside cats. The biggest problem with a multiple cat household is the interaction between the various cats. Many problems stem from this interaction. Cats can be very territorial creatures. In a multi-cat situation, there is also a pecking order and a dominant cat. We have four females and only one male, so our male naturally became the dominant cat. This caused a problem because before Duff came, our oldest female was dominant. Du... ...l, we love our cats, and they are an important part of our daily family life. There have been times alone the way that we have been tempted to get rid of them, but we knew that we could never do it. This is due to the positive effects that our cats have upon our home. Cats can be very affectionate and loving creatures. They constantly provide us with amusement as each one has his own personality. With several cats, each family member has a favorite or favorites, and everyone has a cat friend. Cats provide happiness, despite all the work required to care for them and manage them. Nevertheless, I still would not recommend that anyone have more than one or two cats in a house. Too many cats in one house causes too many problems and negative effects. We made a mistake, but we have dealt with the circumstances, and through it all have learned many important lessons.

Climate Change and Air Pollution in Australia Essay -- Global Warming E

Climate Change and Air Pollution in Australia Air Pollution Fortunately for Alice Springs and much of the Northern Territory, its remote location and low population density mean that the city is not a large source of air pollution. In fact, in a report issued by the Northern Territory Minister of Infrastructure, Planning, and Environment, it is said that while doing testing for the National Environmental Protection Measure the government only tested for particulate matter in Alice Springs, instead of the whole slate of air pollutants, which would have included Carbon Monoxide, Ozone, Sulfur Dioxide, and Nitrogen Dioxide. These other pollutants were not a concern, because of the location and low population density of Alice Springs. While testing for particulate matter, the study found only two days over the entire year where particulate matter levels exceeded the National Environmental Protection Measure standards. This was attributed to bushfires and households burning wood for heat in the winter. Although this particula r study did not test for them, Alice Springs does produce significant amounts of greenhouse gases. In June 2006, the Alice Springs Town Council issued the Local Action Plan to Reduce Greenhouse Gas Emissions, in which they explain how much CO2 the town emitted in 1996, and exactly where the emissions came from. In 1996, the city was responsible for 325,370 tonnes of CO2 emissions. Electricity is responsible for the majority of the emissions, while fossil fuels and waste account for the rest. The Town Council’s plan to reduce these emissions hopes to cut them to 80% of 1996 levels by 2010. They plan to focus on reducing electricity consumption. Within buildings managed by the c... ...n Alice Springs. http://www.alicesprings.nt.gov.au/astc_site/your_council/council_publications/plans/local_action_plan_to_reduce_greenhouse_gas_in_alice_springs. June 2006. Australian Government Department of Climate Change. Australia’s Solar Cities. http://www.greenhouse.gov.au/solarcities/alicesprings/index.html Linacre, E. The last ice age in Australia, New Zealand, and Papua New Guinea. http://www-das.uwyo.edu/~geerts/cwx/notes/chap15/lgm_oz.html Peatling, Stephanie. Australia tops greenhouse pollution index Sydney Morning Herald. 19 June 2004. http://www.smh.com.au/articles/2004/06/18/1087245110190.html Vatskalis, Kon. Report to the NEPC on the implementation of the National Environment Protection (Ambient Air Quality) Measure for the Northern Territory. http://www.ephc.gov.au/pdf/annrep_01_02/179-181_Jur_Rep_AAQ_NT.pdf

Australian Contract Law

Law of Contract II Semester 2, 2011 Word Count: 1932 A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated, as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; A serious breach of an intermediate term of the contract; or * Conduct that shows that a party is unable or unwilling to comply with the contract. Australian Courts have for sometime recognised a tripartite classification of terms in analysing whether or not a breach gives rise to a common law right to terminate. Australian courts have accepted that there is a category of term, known as a condition or essential term, for which strict performance is required, and that an aggrieved party is entitled to terminate for any breach of a condition, however slight.Contractual rights to terminate are of two main types: * Termination of the contract in total; or * Termination of the engagement of a contractor, in both cases arising from actual conduct, as described in either the contract’s termination clause or a term arising under statute. Frequently, the common law right to terminate is the most important consideration.In classifying whether a term is seen as a condition of a contract; a term may be classified as a condition by statute, by the parties or by the courts on the basis of the construction of the contract. A term may be classified as a condition on the basis of the express words used by the parties. However, before courts will conclude a particular term is a condition, with the consequences that any breach will entitle the aggrieved party to terminate, the parties must clearly have expressed their intention for the term to have this status.In assessing whether or not a term should be classified as a condition, the High Court has approved the statement of Jordan CJ in Tramways Advertising Pty Ltd v Luna Park Ltd: ‘The test of essentiality is whether it appears from the general nature of the contract considered as a whole, or from some particular term or terms, that the promise is such importance to the promisee that he would not have entered into the contract unless he had been assured of a strict or substantial performance of the promise †¦ nd this ought to have been apparent to the promisor.’ In DTR Nominees Pty Ltd v Mona Homes Pty Ltd, Stephen, Mason and Jacobs JJ provided further explanation of the relevant test: ‘The quality of essentiality depends †¦ on a judgement which is made of the general nature of the contract and its particular provisions, a judgment which takes close account of the importance which the parties have attached to the provision as evidenced by the contract itself as applied to the surrounding circumstances. Accordingly, i n assessing whether or not a term is a condition, courts will consider whether or not the parties would only have entered into a contract on the understanding that there would be strict compliance with the term. Where a term is intermediate, the right to terminate depends on the nature of the breach and its foreseeable consequences. Although the High Court had previously hinted at accepting the doctrine of intermediate terms into Australian law, Koompahtoo Local Aboriginal land Council v Sanpine Pty Ltd was the first case in which the High Court did so expressly.The first recognised authority to introduce intermediate terms was Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, a decision of the English Court of Appeal. Hong Kong Fir was decided in 1961 and passed into the mainstream law of contract as understood and practised in Australia, although not formally adopted by the High Court until Koompahtoo. Any right to terminate under a provision of the contract terms require s careful consideration of the meaning of the words, particularly if the contract is unclear as to the meaning of the words.Additionally, even if the contract includes a termination clause, unless there is clear express exclusion of the common law right to terminate, the common law right remains active and equivalent to any contractual right to terminate. In the facts given, the contract between the Federal Government and the Australian Coastal Patrol Pty Ltd (ACP) has been partly performed. If a contract has been in large part performed, it is less likely that the breach will be substantial enough to warrant termination. In Carr v J. A. Berriman Pty Ltd, the principal entered into a contract with a builder for the construction of a factory.Two breaches by the principal caused the builder to seek to terminate the contract; a failure to deliver the site in the condition specified in the contract and a unilateral decision to remove from the contract the fabrication of steel framing. I t was the second breach that was decisive in the view of the High Court in finding that the termination was effective. In its reasons, the Court noted that the loss of the fabrication represented about one quarter of the builder’s estimated profit on the entire project and the removal from the contract of that percentage of the overall value was a substantial breach.However, in Fairbanks Soap Co. Ltd v Sheppard the parties contracted for the construction of a machine for $10,000. The machine was almost completed when the builder refused to finish the machine unless he was paid a large proportion of the price, contractually agreed to be paid on completion. The builder was concerned that once he made the machine operational that the purchaser would not pay the contract sum. The purchaser refused to pay and terminated the agreement.The builder complained that he had only to undertake about $600 worth of work to complete and was therefore justified in insisting on the payment. Bu t the court said that faced with such a deliberate breach of the contract terms the termination was legal. For ACP they had largely performed the terms of the contract by having four to five vessels active within the first year. They did however, have the minimum of seven boats by the start of the second year as declared in the contract.As well as the correct personnel and had continued to be paid by the Federal Government. It is not uncommon for those wanting to terminate a contract, to allow another opportunity for the party that breached the contract to ‘mend their ways’. Mason J proposed that: â€Å"If a party to a contract, aware of a serious breach, or of other circumstances entitling him to terminate the contract, though unaware of the existence of the right to terminate the contract, exercises rights under the contract, he must be held to have made a binding election to affirm. This in turn meant that the Federal Government should have brought to a standstill t he work of the ACP until it had decided whether or not to continue the contract with ACP after their breach of the contract. However, as the Federal Government had continued to pay the amount specified in term four of the contract then ACP would be unaware of the suggestions to terminate their contract. It would therefore be unlikely that termination of contract due to this reason would be upheld in court.Overall, the Federal Government would be very unlikely in terminating the contract due to the breach of term 1, as it continued to pay ACP when it only had 4 to 5 vessels in service in which they had knowledge of this breach, but continued with the contract. During the period of May to July 2011, some vessels were put to sea without the required minimum of 8 personnel per vessel, many of which did not wear correct uniform during there deployment. Terms 2 and 3 had specified in the contract that each vessel have a minimum of 8 personnel and that they were to wear correct uniform whi lst on active duty.These terms would be seen as conditions if they were discussed during the formation of the contract as being significant to the contract. In turn, this would allow for the Federal Government to terminate the contract with Australian Coastal Patrol Pty Ltd. These terms however could also be seen as trivial matters in the court and as stated in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, it was considered ‘unthinkable that all relatively trivial matters could be regarded as conditions of the contract †¦ It would ultimately be up to the courts to decide on the importance of these terms and whether they impaired the performance of the overall contract. ——————————————– [ 1 ]. Re Moore and Co Ltd and Landauer and Co [1921] 2 KB 519; see also Bowes v Chaleyer (1923) 32 CLR 159 [ 2 ]. Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limit ed [2007] HCA 61 [ 3 ]. Glanville Williams. Learning the Law. Eleventh Edition. Stevens. 1982. p. 9 [ 4 ].Ltd v Tramways Advertising Pty Lt (1938) 61 CLR 28 [ 5 ]. DTR Nominees Pty Ltd v Mona Homes Pty Ltd [1978] HCA 12 [ 6 ]. [1978] HCA 12 [ 7 ]. Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61 [ 8 ]. Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha [1962] 2 QB 26 [ 9 ]. [1962] 2 QB 26 [ 10 ]. [2007] HCA 61 [ 11 ]. Carr v JA Berriman Pty Ltd (1953) 89 CLR 327 [ 12 ]. Fairbanks Soap Co. Ltd. v. Sheppard, [1953] 1 S. C. R [ 13 ]. Fairbanks Soap Co. Ltd. v. Sheppard, [1953] 1 S. C. R

Ethical Issues Involved in Non-Admittance of Financially Incapable Clients Essay

Running a service-oriented business is never easy. One has to deal with a lot of things and consider a lot of factors in order to manage the business effectively. Policies are always set for the purpose of achieving the goals of the company and at the same time, adhering to the laws of the state and contributing to the common good. Being a case manager requires knowledgeable field and relevant experience to resolve issues concerning the benefits of the clients and the company as well. A health center has the responsibility to meet the needs of its patients. Sometimes, it has to impose policies that are against the existing ones to ensure the survival and growth of the center as a business entity. The clients are needed to be carefully informed of these policies and rules because they are the ones who are directly affected when these policies take into effect. As for the ethical issues involved in the problem of a certain dialysis center, the situation calls for adherence to the set policy rules of the company, concurrently, to the ethical standards of human services professionals as is quoted from the National Organization for Human Services (2007): Human service professionals provide services without discrimination or preference based on age, ethnicity, culture, race, disability, gender, religion, sexual orientation or socioeconomic status. As a health care provider, the company must admit patients without discrimination based on different aspects. This may be suitable for health centers which are not yet in the brink of bankruptcy or closure. If the center is at a high risk of shutting down in the near future because it lacks budget and the expenses are exaggeratingly greater than the income, then non-admittance of patients who are not financially capable may be justifiable for the economic survival of the business. As a health care provider of a hemodialysis center which advocates for the patients’ needs, the best thing to do is to cut down the patients’ 3 times a week visits to once or twice a week, depending on how much they can pay. Firstly, the company must check the benefits of the insurance to cover the expenses that may be incurred, and allocate these benefits to the whole health program. The company may also offer the patients financial help through different government agencies so they can still continue with their hemodialysis. Transportation to and from other government dialysis centers may also be offered for a discounted cost or, if the company can handle it, it can be offered for free to those who are in dire need of treatment in order to sustain life even longer. A health care organization may contradict its code of ethics if the economic status and the future of the company are put at a high risk. The company may choose to impose policies that may be unacceptable to the clients but are just and reasonable for the welfare of the company. It is also reasonable for a health care professional to refuse the admittance of a certain patient having an infectious disease that will later cause severe damage to other patients’ condition, let alone cause loss of lives. In this case, the company may offer help by means of referring the client to other health care organizations specializing in that kind of disease.