What Is Coffee A Sociological Perspective - 1365 Words

What is Coffee? - A Sociological Perspective Something so small, berries, in this case, can have a much larger influence than one may imagine possible. According to C. Wright Mills, author of Personal Experience and Public Issues from the book Readings For Sociology, social imagination enables us to grasp history and biography and the relations between the two within society (15). Social imagination is being able to look at something such as an item or action and see the influences it has on everything surround it, it is a form of self-consciousness (Mills, 16). Being able to see multiple perspectives of what is happening around you. While sociology explanation is being able to explain how people, and specifically how their behaviosr have a connection to society as a whole. An individualistic explanation would be how the behaviors of that one person are due to their own problems and not societies. In this paper, I have analyzed the sociological perspective of an everyday drink, coffe e. Coffee is no longer a pure drink. Instead, it has become a necessity for everyone trying to keep up in the fast pace world without falling behind and has created many outcomes in the world. The historical evolution of coffee dates back to thousands of years ago. Many myths had been created to when coffee had first started; one certain myth leads back to Ethiopia. According to the National Coffee Association, there was a goat herder by the name of Kaldi, who had noticed that hisShow MoreRelatedThe Sociological Imagination By C. Wright Mills857 Words   |  4 PagesThe sociological imagination is simply the act of having the capacity to think ourselves away from the commonplace schedules of our day by day lives keeping in mind the end goal to take a gander at them with a new perspective. C. Wright Mills, who made the idea and composed a book about it, characterized the sociological creative ability as the clear attention to the connection amongst encounter and the more extensive society. The sociological imagination is the capacity to see things sociallyRead More Sociological Imagination Essay582 Words   |  3 Pages To understand the term `Sociological Imagination, it is important to identify what Sociology is and what do sociologists study. It is also vital to look at the three basic concerns of the sociological imagination or perspective, which include Social Structure, Social Institutions and Social Processes. Moreover, it is necessary to understand what C. Wright Mills means when he mentions the personal troubles of milieu and the public issues of social structure, and how it helps usRead MoreThe Sociological Perspective Of Sociology963 Words   |  4 Pagesunderstand that no problem can be solved well enough if one does not have the sociological perspective which is defined as a way of looking at the world through a sociological lens. In fact, there is the need of the lens that will help one to view situations and have the eye to emerge through different views to solve that problem. This mirror has become a doorway that will help one to have a beginner’s mind to approach problems. WHAT IS BEGINNER’S MIND It is exactly the opposite of an expert mind whichRead MoreObservation Of An Sociological Research1220 Words   |  5 Pagescollection, especially in the sociological research. More often than not, this method is employed so as to gain the much needed empirical information that is dependable in the sociological research undertakings. The methodology is comprehensively employed in the sociological imagination concept as a viable tool in the proper and reliable comprehension of social interactions. It is in light of the above that this observation paper seeks to present my objective perspective in the application of this definiteRead MoreSymbolic Interaction Theory : The Looking Glass Self And Romantic Relationships1126 Words   |  5 PagesSymbolic Interaction is a sociological perspective that has influenced numerous areas in the sociological field. This perspective relies on the symbolic meaning that societies create and develop through social interaction with others. Symbolic interaction theory has greatly impacted our world. This theory helps one understand how individuals shape their own reality and create norms. This essay focuses on the symbolic interaction theory through the looking-glass-self and romantic relationships. Read MoreDifference Between Personal Troubles And Social Issues2609 Words   |  11 PagesSeeing someone holding a cup of coffee on the street is not unusual at all nowadays. In fact, they are starting to get more common. There are now different varieties to choose from. Shops or cafes also provide a lot of different choices or products to consumers. Prices could range from low to high, depending on what type of coffee beans you have chosen to make the coffee. By adopting the sociological imagination to coffee, it gives us a better understanding of what coffee represents in a social contextRead MoreSociology1711 Words   |  7 Pagessides of the same side. Through my experiences, I shape the world around me, developing a unique perspective from my worldview. When it comes to how I perceive reality I just summarize it in these six concepts: culture, meaning, self, self-fulfilling prophecy, and scripts, and self-serving bias. My culture defines me down to my very genetic core. It exp lains why I drive the way I do, how I talk, what is socially acceptable, why I react to things the way I do , why I attend LIU, etc. My cultureRead MoreWhat Can We Do? Becoming Part Of The Solution1619 Words   |  7 PagesThe Sociological Imagination is a concept first used by a well-known sociologist, C. Wright Mills, in 1959. In Mills article, The Promise, indicates that, The sociological imagination enables its possessor to understand the larger historical scene in terms of its meaning for the inner life and the external career of a variety of individuals(Mills, 3). Sociological imagination helps individuals to contemplate their own troubles in a deeper level and view their daily routines in an entirelyRead MoreA Comparative Look At Space And Law Essay1472 Words   |  6 PagesA Comparative Look at Space and Law Space means what we want it to mean. Defined by those who occupy it, giving it a purpose and without it, it is nothing more than an empty area, blank and lifeless. The following two articles offer different perspectives on the use of this space as it relates to law. In one article, space provides certain function that determines how those who occupy it are to act, while in another it is a neutral space and welcoming space representing choice and the freedom; aRead MorePulp Fiction - a Sociological Debate1412 Words   |  6 PagesSociology 2XX Critically anlayse a popular culture ‘text’ utlising relevant theories and debates In sociological theory there are many concepts discussed that are utilized in the analyses of society and culture. Some of the main concepts are Postmodernism, Historical Materialism, Structuralism, Interpretive Sociology and Poststructuralism to name a few. These theories are relevant to the research of understanding certain or specific cultural texts. These concepts provide problems and solutions

Cultural Considerations In Mental Health. All Cultures

Cultural Considerations in Mental Health All cultures have differnet beliefs about mental health and how they precieve what causes the disorders, how it can be cured or treated, and who should be involved in the process. Western coutries such as the United States, which see mental disorders as a result of natural scientific phenomena, advocate medical treatments that combat neurological imbalance and/or the use technology to diagnose and treat mental health disorders. Other countries believe that mental illness is the result of supernatural phenomena and promote prayer or other spiritual interventions that counter the presumed disfavor of powerful forces. Some cultures might ignore seeking professional medical help because they believe†¦show more content†¦My patient is 32 year Indian female who resided at a group home. She doesn’t have a good family support. Unable to express himself, difficulty with eyes contact, generalized restlessness or agitation, feelings of despair, hopelessness, and, delusions and h allucinations is common with this patient. I will inquire if the family prefer same gender to care for them; is there a particular diet patient follow, because majority in this group tend to be vegetarian. The family do want to incorporate their cultural beliefs in the plan of care. Her sibling do not want to have anything to do with her due to her illness. Her parent comes to visit once every three months. My nursing diagnoses include: Risk for self-injury related to depression/psychosis as evidenced by previous suicide attempt and suicidal behavior. Disturbed Thought Processes related to inability to evaluate reality as evidenced by flight of ideas and grandiose delusions. Ineffective Coping related to internal conflicts as evidenced by internal preoccupation and by unpredictable and impulsive behavior. Impaired Social Interactions related to impulsivity and hyperactivity as evidenced by spontaneous singing and performing aerobic exercises. Intervention/goals Risk for self-injury related to depression/psychosis as evidenced by previous suicide attempt and suicidal behavior. Patient will verbalize feelings; express decreased anxiety and angerShow MoreRelatedConceptualization Of Stigma And Transcultural Considerations Essay1295 Words   |  6 PagesConceptualization of Stigma and Transcultural Considerations: To create further understanding the TCP model will be applied to each theories strengths and weaknesses. TCP model assists understanding in working across cultures. TCP contains five dimensions described below. Cultural knowledge is concerned with understanding concepts regarding culture and a social worker’s application of this knowledge. Cultural competency represents cultural responsiveness in the social work practice. Power,Read MoreCultural Bias And Health Care Disparity1528 Words   |  7 PagesCultural Bias and Health Care Disparity: Introduction: Cultures, social, ethnicity, English proficiency are factors that my significantly affect the quality of healthcare. Patient’s perspective, values, beliefs and behavior are highly influenced by the sociocultural background pf the patient (1-5). These factors can affect dealing with patient’s symptoms, seeking care, pain toleration, care adherence, preventive measure, and health care expectations. There is a clear evidence that links Clinician-patientRead MoreThe Death Of The Native American Population1470 Words   |  6 PagesSuicide in the Native American Population of the Northeastern United States While the Native American population encounters many health disparities; of growing concern, is the rates of suicide among these communities. The U.S. National Library of Medicine defines health disparities as â€Å"the variation in rates of disease occurrence and disabilities between socioeconomic and /or geographically defined population groups†. When looking at the Native American population of the northeastern United StatesRead MoreThe And Early Termination Of Mental Health Services For Latinos1460 Words   |  6 Pagestermination of mental health services for Latinos in the U.S continues to be a concern for current research and practice in social work. A synthesis of current research demonstrates that there are several factors impacting access and utilization of mental health services for Latinos. According to U.S Department of Health and Human Services (2001), although Latinos are at increased vulnerability for developing mental illness, they continue to be half as lik ely in comparison to whites to access mental healthRead MoreThe Displacement Of Persons1330 Words   |  6 Pagesthem with housing, temporary cash assistance and support. One of the major issues in resettling this specific demographic is the prevalence of mental health among Afghan refugees. Such constant states of violence and forced fleeing from homes has left Afghans with traumatic stressors, often leading to mental health issues in the future. Mental health is a huge concern among refugee and asylees population in the U.S.as many members of these populations have encountered traumatic past experienceRead MoreIs It Safe Care For Justin?1171 Words   |  5 Pageshospitalised? To ensure culturally safe care for Justin upon hospitalisation, as Westerman (2010, p. 215) signifies, cultural competence and awareness must be exerted by health care professionals. To elaborate, cultural competence refers to: â€Å"†¦the ability of practitioners to identify, intervene and treat mental health complaints in ways that recognise the central role that culture plays in unwellness.† In this instance, an Aboriginal hospital liaison officer and/or offering the option of traditionalRead MoreWar Crimes Against Native Americans Essay1062 Words   |  5 Pagescrimes/US/Indian.Removal.htm Diller, J. V. (2015). Cultural diversity: a primer for the human services. Australia: Cengage Learning. Conversations with Native Americans about mental health needs and community strengths. (March 2009). Retrieved from http://www.dhcs.ca.gov/services/MH/Documents/BP_Native_American Native American communities and mental health. Retrieved from http://www.mentalhealthamerica.net/issues/native-american-communities-and-mental-health When looking at the issues modern dayRead MoreHolistic Nursing Essay1535 Words   |  7 Pagesphysiological, psychological, sociological, spiritual, developmental, cultural and environmental aspects. It is imperative that the nurse conducting these assessments adopts methods in the nursing process that reflects the standards outlined in Australian Nursing and Midwifery Council National Competency Standards for the Registered Nurse to ensure the health and wellbeing of the patient is maximized and maintained throughout the time health care is received. Nursing processes are directed at restoringRead MoreHealth Care Practices And Its Impact On An Individual s Health Essay1567 Words   |  7 Pagessuch as receiving or delivering health care. Healthcare practices and regard for healthcare employees vary across the different cultures. Patients differ due to various aspects. These differences constitute of patient illness, personality, socioeconomic class or education, however the mos t endless variation is cultural. Race, religion, language, education, ethnicity and economic status are the essence of culture that has a significant influence on an individual s health and wellbeing. Skills are crucialRead MoreCultural Variation Of Mental Disorders1269 Words   |  6 Pagesexist in the field of psychology today is: whether there is more universality than cultural variation in mental disorders. Some would argue that the specific differences that make up these cultures have an impact on measurement methods, assessment methods, definition of feeling abnormal, etc. They believe different cultures should adopt appropriate techniques in assessing certain mental disorders. Not every culture interacts the same way, shares the same interests, or expresses themselves in the same

Scarlet Letter - Central Idea - Free Essay Example

Sample details Pages: 2 Words: 622 Downloads: 7 Date added: 2019/05/15 Category Literature Essay Level High school Tags: The Scarlet Letter Essay Did you like this example? In The Scarlet Letter, there are two main central ideas presented throughout the book. The three main characters; Hester, Chillingworth, and Dimmesdale, all contribute to changing and shaping the core of the story. In addition, the setting and events in the book help to develop the two main points; secret sin and hypocrisy. Don’t waste time! Our writers will create an original "Scarlet Letter Central Idea" essay for you Create order These two particular themes are presented within the book time and time again. With central ideas of secret sin and hypocrisy, this novel is a page turner. Within the novel, sin is deeply revealed not only as the crime itself, but the effects sin has on the mind, body, and soul. Secret sin is revealed most through the actual characters. Hester, Dimmesdale, and Chillingworth all have their demons. Ironically, they all live in the tiny Puritan town of Boston, Massachusetts where sin is strictly forbidden. Because Puritans believe all people to be born sinners, they consider it their job to watch over each other. The disowning and taunting of the towns citizens starts with Hester. Hester committed adultery. This was a sin punishable by death, but they decide to instead make Hester a living reminder of what adultery looks like. They made Hester wear a big A on her chest so she would be reminded of her sin. Thus the young and pure would be taught to look at her, with the scarlet letter flaming on her breast, at her, the child of honorable parents, at her, the mother of a babe, that would hereafter be a woman, at her, who had once been innocent, as the figure, the body, the reality of sin. (Chapter 5, page 1). Her partner in this act of adultery was Dimmesdale. However, Dimmesdale was a minister. People looked up to him for moral  guidance. This is where the hypocrisy is shown. Dimmesdale is in the midst of living two lives. He claims to go about his life Godly, but actually he is doing the complete opposite. Chillingsworth is much more vile and cruel than the two other characters. In contrast, Chillingworths secret sin is more internal rather than external. He has this obsession to destroy Dimmesdales life for committing adultery with Hester. Hadst thou sought the whole earth over, said he, looking darkly at the clergyman, there was no one place so secret, no high place nor lowly place, where thou couldst have escaped me, save on this very scaffold! (Chapter 23, page 18). He is seen as evil or the devil/demon himself in the story. The story itself is hypocritical. Three characters are living their life in sin, but yet the setting takes place in a Puritan society. Hypocrisy is the other big central idea in the book. Dimmesdale is the root of hypocrisy in this book. He is the minister in the Puritan town, however he doesnt live his life accordingly. Living two lives can be exhausting. He goes about his everyday life worried someone will find out his truth, while juggling his respectable life as a minister. Keeping his sin secret is killing him physically and mentally. He judges Hester for her sin and not telling people the truth about who the father is, but why should that be Hesters responsibility? He is the one who made the mistake, but he is too cowardly to stand up for his own actions. Hypocrisy is yet seen another time from Dimmesdale when he judges Hester, but he hasnt even come clean about his own sin. Hypocrisy and secret sin are shaped and developed through the characters, setting, and timing of events. The lying, cheating, and darkness the characters display proves this notion. The setting is ironic because the town is supposed to be pure and authentic, however, all that is seen is sin and deception.

Influence of Sports Upon America’s Youth Essay - 2255 Words

Influence of Sports Upon America’s Youth Over the last two decades the growth of youth sports has reflected the popularity of professional sports in our society. Sporting events and news are available to the public twenty-four hours a day on television and radio: sports are an enormous industry. The outstanding popularity of the sports industry has profoundly affected youth sports organizations. An estimated twenty-five million children age six through eighteen participate in at least one school or community based athletic program. These numbers increase exponentially as the age of boys and girls entering sports keeps falling. In order to supervise, teach and manage these athletes about 2.5 million coaches spend an average of eighty†¦show more content†¦Many feel that self-esteem and self-image can be greatly improved through sports. Psychologists around the country stress a need for an active life style to develop healthy self-images. Eric Margenau, a psychologist and author, feels that early and frequent exposure to sports is the key to personal growth. Sports introduce children to healthy competition. A child’s failure in competition helps them learn to win gracefully and lose with honor. It teaches youngsters that through perseverance and determination they can win next time. These lessons that children learn will stay with them throughout their lifetime. Some skeptics criticize the very premise of competition is hazardous to a child’s psychological and emotional well-being. The critics of sports emphasize the detrimental affects of competition and the negative influence of untrained coaches and pushy parents. There are a huge number of children playing sports, but due to burnout, stress, psychological trauma, and lowered self-esteem as many as seventy-three percent quit sports by the age of thirteen. Rick Wolff, a former professional baseball player and coach, claims there are several factors contributing to this phenomenon such as: parents and coaches putting excessive pressure on children, specialization in one sport, over competitiveness, anxiety and loss of interest. This lack of interest may stem from the fact that they are cut from a team, injured, orShow MoreRelated What Is A Hero? Essay1173 Words   |  5 PagesStanbsp;nbsp;nbsp;nbsp;nbsp;tes, where health problems are increasing at an alarming rate. The diets of many men, women and children are unhealthy, and lead to high blood pressure strokes, diabetes, osteoporosis, hypertension, and mental health problems. The poor state of America’s health is a serious concern for Arnold, and he is constantly striving for ways to improve it. Arnold is an advocate of health and fitness as displayed by his own lifestyle. He uses his celebrity status to showcase himself as a living example of healthRead MoreThe Theories of Risk Protective Factors Among Youth Offenders815 Words   |  4 Pages(CRIM 105 South Bend) Connie Wawrzyniak 02/02/2011 The Theories Of Risk And Protective Factors Among Youth Offenders In today’s world there are many risk factors that play into a youths life. A risk factor approach assumes that there are multiple, and overlapping, risk factors in an individuals background that lead to adverse outcomes. Examples of risk factors which may lead to a youth being a offender are non-attendance at school, school failure, substance abuse, being abused, unemploymentRead MoreAnalysis Of The Egg And The Sperm By Emily Martin965 Words   |  4 PagesUnited States’ gender system emphasizes gender hierarchy and a binary system that forces individuals to conform. In order to progress gender equality, it is important to denaturalize these social constructions of gender. The hierarchical aspect of America’s contemporary gender system is reinforced through the use of language. We frequently associate biology and the sciences with objectivity, but in â€Å"The egg and the Sperm,† Emily Martin argues that it is not outside the socially constructed idea of genderRead MoreSports Influence On The Dominant Social Values1515 Words   |  7 PagesSports influence on the dominant social values in American life Americans have always loved sports; although the sports early Americans practiced may not still today be what the majority of people enjoy. For example, early Americans hunted, swam, ran, rode horses and played competitive games such as tug of war. They also participated in military skills contests, which have always been seen as an acceptable form of leisure time activity across many cultures. Sports have always been part of the AmericanRead MoreBenefits of Recreation in Society and on the Body Essay1181 Words   |  5 Pagesimproves the mental health of participants. Coronary Heart Disease ====================== Coronary heart disease is Americas leading cause of death. Physical inactivity is the single greatest factor leading to this disease. As a result, exercise is especially important to public health. Bicycling and walking can fill Americas physical void of inactivity and make a major contribution to health. Moderate activity, such as walking from thirty to sixty minutesRead MoreBook Censorship: Good or Bad? Essay871 Words   |  4 Pagesnbsp;nbsp;nbsp;nbsp;nbsp;Especially considering America’s wide access to information through technology, the attempt to restrict â€Å"inappropriate† information from children is an infeasible and somewhat malicious task. First of all, children are not â€Å"protected† when unable to read books that contain adult material. Kids need to be exposed to things like sex and violence because if they are unfamiliar with these â€Å"adult† topics, when they come upon them in the uncensored, real world, their reactionsRead MoreChildhood Obesity : A Growing Endemic939 Words   |  4 Pagespredicting a shortened lifespan for this generation of America’s youth compared with that of their parents,† (Olshansky 2005). Children become overweight and obese for a variety of reasons. The most common causes are genetic factors, lack of physical activity, unhealthy eating patterns – and often times it is a combination of these factors. In addition, the current environmental state also plays a major function in molding the negative habits acted upon by young children and adolescents. The predominanceRead MoreThe Legacy Of Jazz And The Civil Rights Movement1432 Words   |  6 PagesAustin Hartshorn Mr. McQuade AP Literature May 2, 2016 Marvels of Mingus Jazz is considered America’s gift to the world. Throughout all of America’s history jazz has been there to accompany and reflect it. But jazz has had its own history that is often underappreciated and hidden from the general public. There is evidence of this covering up of the history of jazz for example in the civil rights movement. The roots of jazz started with the bringing of African slaves to the Americas. While many doRead MoreThe Benefits of Youth Sport Essay2219 Words   |  9 Pagesa young age, why not encourage them to continue by enrolling them in an organized youth sport program? Young people will gain many positive experiences by participating in organized physical activities, but none as important and influential as the social skills, physical skills, and mental skills developed and nurtured during their time in youth sport. As a result, the young participants can continue to build upon and cultivate these skills which will ultimately be transferred into their developmentRead MoreWhat Are They Key For Success?1650 Words   |  7 Pagesand work ethic, has allowed Gates to amass the fortune he holds today, and experience such an astronomical degree of success. First, one’s environment and upbringing plays a crucial role in one’s success. This is notably exemplified in particular sports, such as hockey. In hockey, almost every star is born in January or February, because January 1 is the cutoff for age-class hockey in Canada. Thus, these eight and nine year olds have a few extra months on their age group, resulting in their slight

Raymond Carver Free Essays

Most of the stories from Raymond Carver share the same topic, alcoholism. But there are two particular stories â€Å"Chef’s House† and â€Å"Where I’m Calling From† that have certain similarities and differences. In â€Å"House† Edna agrees to reunite with her alcoholic husband, Wes, for one summer to share a friend’s beach house. We will write a custom essay sample on Raymond Carver or any similar topic only for you Order Now During the summer Wes refrains from drinking, to enjoy the summer. When Chef returns, requiring Edna and Wes to leave, everything changes again. In â€Å"Calling,† we meet two patients of an alcoholic facility who share their experiences in life.In fact, â€Å"House† and â€Å"Calling† differ in the setting of the stories, but are similar because they both have friends who were or are alcoholic and also because the addiction to alcohol has ruined their lives. First, the stories differ in the setting. On one hand, in â€Å"House,† the story takes place during the summer in a beach house. The main character Wes calls Edna to ask her to spend the summer with him after their separation caused by Wes’s alcoholic problem.Wes would not take a no for an answer therefore he uses the weather to captivate Edna: â€Å"Edna, you can see the ocean from the window. You can smell the salt in the air (qtd. In Carver 27) In contrast, in â€Å"Calling,† the story takes place at an alcoholic rehabilitation facility during the period between Christmas and New Years day. As a consequence, the dry out facility is a place of isolation and sadness. For most part of the story, the narrator sits on the front porch with a fellow patient named J. P. hom he has just met and has never stayed at the facility before. The narrator notes and implies that the weather is too cold: â€Å"J. P. and I get out of the chairs and to go inside. It’s starting to get too cold†¦We can see our breath drifting out from as we talk† (qtd. in Carver 140). However, there are also similarities between â€Å"House† and â€Å"Calling. † For example both main characters of each story have or have had alcoholic friends. In â€Å"House,† Wes rents a beach house from a recovered alcoholic named Chef.The narrator notes† â€Å"On Tuesday nights, Wes and Chef would go to what they call his â€Å"don’t drink meetings† Chef would pick him up in his car at the door and drive him home afterward (qtd. In Carver 28). Likewise, in â€Å"Calling,† the narrator establishes a friendship with a fellow alcoholic J. P. The narrator listens to J. P. ’s stories about the trauma he has experienced at age twelve when he fell down a dry well and waited for his father to rescue him. Encouraged by the narrator, J. P. tells him the story of his stormy relationship with Roxy, his wife, and his early ndicators of alcoholism. Furthermore, another similarity between â€Å"House† and â€Å"Calling,† is that alcohol has ruined the main character’s lives. In ‘House,† Wes has moved back to his wife and has recovered his happiness, or at least that is what he thinks. Now Chef asks him to move out of the house. Wes feels he cannot stay sober outside the house. Wes wishes he could do it over again, and do it right this time because his kids don’t love him and they won’t understand. Wes hasn’t found the peace he needs and won’t find it outside Chef’s house.In â€Å"Calling,† the narrator is divorced and doesn’t want to talk to his girlfriend. The narrator spends New Years day at the dry out facility. He wants to call his wife to wishes her happy New Year, and then he will call his girlfriend. But that’s it. He hopes somebody could share the special holidays with him instead he is by himself. Therefore, â€Å"House† and â€Å"Calling† differ in the setting of the stories, but are similar because they both have friends who were or are alcoholic and also because the addiction to alcohol has ruined their lives.Although these two stories are fictional and feature ongoing themes of loss and disillusionment, set against a backdrop of drinking, Carver’s own life is profoundly reflected in his fiction, and he himself struggled with alcoholism. Alcoholism is a big problem that affects people from all over the world. That is why is so important to help those who are in the same position as these characters and give them help to overcome this problem. How to cite Raymond Carver, Papers

Law of Civil Remedies Water Adventures Pty Ltd.

Question: Describe about the Essay for Law of Civil Remedies of Water Adventures Pty Ltd. Answer: Introduction Water Adventures Pty Ltd. is a company which provides river rafting services and it seeks legal advices on few matters which have cropped up in the course of its business. The company has faced a threat of being sued in the Court with respect for trespassing property of Forest Enterprises and for infringing a design owned by River Rafting. Forest Enterprises and River Rafting may institute a suit any any time for obtaining legal remedy against Water Adventures. This paper seeks to give advices to Water Adventures about the legal remedies which the other two companies are going to obtain against it and also highlights the possibilities or chances of the success of such legal remedies. Brief Facts: Water Adventures Pty Ltd. provided river rafting services to adventure seekers on the Rocky River for the past five years. The river is used for rafting flows that is owned by Water Adventures and Forest Enterprises Pty Ltd. owns the neighboring land. Initially, Forest Enterprises gave permission to Water Adventures to use the river for the first 2 years at a fee of 20,000 $ per year. However, for the past three years Water Adventures did not have the permission to use the property of Forest Enterprises. Forest Enterprises did not renew the contract, as they wanted to protect the wildlife in the river. Sometime ago, Forest Enterprises wrote a letter to Water Adventures to stop their trespass however, Water Adventures continued to use the river and ignored the letter. Water Adventures were of the view that Forest Adventures would never be able to discover that Water Adventures are using their property. Water Adventures has asp copied the design of River Rafting for the purpose of manu facturing boats for their own use and for selling them to the public. They have been able to generate an income of $1.5 million through selling of the ships. The main basis on which Water Adventures Pty Ltd. has been threatened a legal action by the River Rafting Pty Ltd is that Water Adventures Pty Ltd has used a design owned by Rafting Pty Ltd for the purpose of manufacturing boat and selling them to the public. Issues: Based on the above facts, the following issues arise: What are the remedies available to Forest Enterprises and River Rafting against Water Adventures? What is the probability of the success of the remedy which Forest Enterprise and River Rafting may obtain against Water Adventures? Relevant Rules and Procedure: Tort law in Australia is a composition of precedents and rules rather than a composite set of legislative rules.[1] The precedents and rules define the legislative extent of tort law in Australia. A tort is considered as a civil wrong, rather than a breach of contract. Tort law is regarded as a way in which law has the capacity to interfere with the associations between private individuals to rectify the wrong conduct or wrong action[2]. Tort law has derived their status from common law. Australian tort law is also influenced by case laws and common law. However, there has been rectification in Australia with regard to tort law in the Civil Liabilities Act[3]. The tort law in Australia is divided into two major offences, which are negligence and trespass.[4] Thus, trespass as defined under common law gives any aggrieved party the right to bring about an action and receive compensation and damages for interference with his property in any form whatsoever which is conducted without the owners consent[5]. In cases where damage is caused to the property or to the property owner because of the trespass, the amount of compensation is higher. Moreover, trespass is a tort which is intentional in nature and thus in some cases can be punished as a crime.[6] Thus, a trespass action is brought about by the owner of a property who has the authority and the lawful right to possess and enjoy the property, when the said right is infringed by another individual without the owners consent[7]. Under the Australian common law, any form of unlawful entry into anothers property constitutes trespass and there is no requirement to prove actual damage or loss caused by the said trespass[8]. Trespass being an intentional tort, intention is required for the act committed and not for trespass. An individual, who has the right to enter a land, becomes a trespass as soon as he engages into conducts a certain action, which is wrongful or stays in the land for additional time than granted by the landowner[9]. Thus, intention as well as actual loss to land is not required to be established under the Australian common law trespass[10]. In Nickells v Melbourne Corporation, [11]a servant of the defendant drove horse, which was wild in nature and attached to a cart. Thus, in order to turn the said cart in a narrow way, he would go very close to the neighbors window. Thus, even after being aware of a potential trespass, the defendants servant turned the carry which resulted in the horse e br eaking neighbors window. Thus, in the said case, the defendant was held liable for the trespass committed by his servant and the court said that non intentional trespass is also actionable if the defendant was negligent[12]. In a trespass lawsuit in Australia, a plaintiff is not required to prove defendants intention to trespass and the defendant has no excuse available to state that he believes he was not committing any wrongful act or any wrongful interference[13]. Thus, defenses under trespass action are very limited[14]. Some defenses, which are available against trespass, are necessity, abating public or private nuisance, consent and officer performing his duty under law. The defendant is free from trespass charges, if the trespass is a result of any action, which is necessary to prevent public disaster. Additionally, a defendant is free from trespass charges if the said trespass is required to abate a public or private nuisance benefiting a third party or the society at large. Another obvious defense to trespass is consent from the property owner or a license to enter the land lawfully.[15] Consent in the said case can also be implied in form of custom or usage. However, consent is not valid for th e said purpose if the same is taken by fraudulent action, by mistake or under undue influence. Lastly, an officer enforcing law and in duty to either arrest, seize or search a property has the authority prescribed by law to enter any land with the consent of the owner. Principles relating to Design Now, a design is an artwork or a logo or an image which could be reproduced onto a t-shirt, calendar, clothes fabric, greeting card, book jacket or other products. The relevant law which deals with design is the Designs Act 2003. A deign may be registered under the Design Act 2003 and the owner of the design gets rights of monopoly in the visual features of configuration, shape and pattern of the design. Protection over Design Protection over a design protects a products appearances and not its functions. The products function may be protected by obtaining a patent. If a visual feature or the appearance of a product is associated with the products function, then the design does not disqualified from being registered.[16] Designs capable of being registered For a design to be registered, the design must consist of visual features of configuration, shape, ornamentation or pattern which are completely new and distinctive. A design shall be presumed to be a new design if it is not identical to: A design which has already been disclosed in a previous application for registration of the design or A design which has already been published and have been used by the public in Australia. A design shall be presumed to be a distinctive design if it is substantially not similar to: A design which has already been disclosed in a previous application for registration of the design or A design which has already been published and have been used by the public in Australia.[17] Rights of a design owner Once a person becomes the owner of a design which has been registered, he gets a right if monopoly over the design for a period of 10 years. The owner will have the following rights in respect of the design: Making of a product in which the design is embodied. Selling, hiring, importing or disposing of a product in which the design is embodied. Giving authority to others to do any of these things. The right of exploiting the design can also be permitted to be used or may be assigned by the design owner to any other person once a design gets registered. However, in order to take legal action against others for the purpose of restraining them to use the design, the registered design must be examined first. [18] Infringement of a registered design An infringement of a registered design takes place when a person, without taking permission of the design owner or without being authorized or licensed by the owner, manufactures, hires, sells or imports a product or uses a product for business or trade; provided such product embodies the registered design or is substantially similar or identical to the registered design. Infringement of a registered design also takes place when the person authorizes a third party to do any of the above mentioned acts.[19] Case law: Firmagroup Australia Pty. Ltd vs. Byrne and Davidson Doors (Vic.) Pty. Ltd and Others (1994)[20] In this case, the appellant (Firmagroup Australia) was the owner of a registered design. The design related to the shape and configuration of combination handle and lock for a shutter door. The design did not cover the rear face of handle and the lock. The design was supposed to apply by any suitable means and in any suitable manner. The design was registered in 1972. The respondents (Byrne and Davidson others) had the knowledge that the appellant was the owner of the registered design. Having kept such knowledge, the respondents manufactured combination handle and lock for shutter doors and sold them. The appellant alleged that the respondents have done an act resulting in the infringement of the rights of the appellant with respect to the registered design. After examining the respondents article the Judges formed an opinion that the said article was not similar to the appellants design. The respondents article was much slimmer and its design was much squat. According to the Court, the features of the design which can be protected are those in which the idea of one particular individual and specific performance is conveyed. The respondents article has a unique design of its own and it has not infringed the registered design of the appellant. Hence appellants contention was rejected and the Court held that no infringement has taken place. Case law: Stenor, Ld. vs. Whitesides (Clitheroe), Ld.[21] In this case, the Court held that a feature which identifies only a general characteristic of shape does not fall within the purview of design protection. Case Law: Polyaire Pty Ltdvs. K-Aire Pty Ltd Others[22] This is one of the most important cases on the infringement of design and has been decided by the High Court of Australia. The facts of the case are as follows: The appellant (Polyaire Pty Ltd) used to carry a business of manufacturing and selling of the components of air condition. Polyaire owned a design with respect to an air conditioning outlet director part. The design has been registered on the basis of novelty. The appellant had alleged that the respondents had made infringement of this design. The Trial Court had accordingly passed order of injunctions restrained the respondents from using the same design in manufacturing air conditions. However, the decision of the Trial Court was overturned in an appeal by the Full Court of the Federal Court. The principles which were applied by the Court in determining whether an infringement of design has taken place or not are as follows: The Court emphasized on the point that several statutes dealing with design protection have laid down that application of a registered design or any fraudulent imitation thereof in any product, without the consent of the owner would constitute the infringement of the registered design. The Court did find a fraudulent imitation of the design by the respondents in the light of the above stated facts. Application: In the given case study, Water Adventures did not have the permission to conduct their business on the given property that was owned by Forest Enterprises. Forest Enterprises was not interested in renewing the contract as they intended to protect the wildlife of the river. Additionally, Forest Enterprises wrote a letter to Water Adventures asking them to stop their trespass. However, Water Adventures continued with the use of the river and ignoring the letter with the hope that Forest Enterprises would never detect their unlawful use of the land. This depicted wrongful intention on the part of Water Adventures and they should have acted on the letter immediately they received from Forest Enterprises. One important criterion to make a person liable for trespass to land is wrongful interference with someone elses possessory rights in real or intangible property. In this case, Water Adventures wrongfully carried out the business on the land of Forest Adventures by using their land for r eaching the river. Forest Enterprises can claim wrongful interference of Water Adventures in their possessory rights. Forest Enterprises wrote a letter to Water Adventures informing them about their action of trespass, however, Water Adventures ignored this and they continued exploitation of the land. Such an action on the part of Water Adventures gives enough chances to Forest Enterprises to bring an action against Water Adventures. To prove Trespass against Water Adventures it is not sufficient for Forest Adventures to prove that they have suffered financial loss or harm by the usage of land. Once any of the parties to the case have caused interference to land, the person may become liable for trespass under Tort Law in Australia. However, the likelihood of success of Forest Adventures is not high because the tort law of Australia states that interference is not sufficient to make a person liable for trespass. The person should have physical access to land, in this Water Adventure s did not have physical access to land, to reach the river Water Adventures had to abseiling down the cliffs or by boat on the river itself instead of using the adjacent land owned by Forest Enterprises. Additionally, it may also be stated that Water Adventures already owned the Rocky River over which they were conducting their business. They did not use the land of Forest Enterprises for conducting their business. Hence, it may be stated that though Forest Enterprises can bring a successful action against Water Adventures for trespass however, the chances of success remains low as because the prevailing issue in question whether Water Adventures interfered with the possessory rights of Forest Enterprises remains in doubt. Water Adventures Pty Ltd has copied designs owned by River Rafting Pty Ltd. For the purpose of manufacturing boats. They have even sold the boats to the public. Through the sale of boats, an income amounting to $ 1.5 million was generated for Waters Adventures Pty Ltd over the past five years. Therefore, River Rafting Pty Ltd. will possibly seek remedy against Water Adventures Pty Ltd for infringement of the design. If River Rating Pvt. Ltd is able to prove that the design used by Waters Adventures Pty Ltd is an imitation of its design, then it can obtain a possible remedy against Water Adventures. However, Water Adventures can defend the suit by arguing that the design used by Water Adventures was not similar to that of the River Rafting. The design which the Water Adventures used was substantially different from that of the River Rafting. Water Adventures needs to show before the Court that though both the designs had the same function with respect to the manufacturing of boats but their features were not the same. The boats which have been designed by Water Adventures have novelty and they are unique in their own style. Further, the visual appearances of the boats manufactured by Water Adventures also differed from that of the River Rafting. Design protection is available only in respect of a product but not of its functions. Therefore, the chances of success of legal remedies against Water Adventures can be decreased by putting forward the above mentioned defences. Further, fraudulent imitation of the design on the part of Water Adventures needs to be strongly defended in o rder to safeguard itself from the legal remedies which may flow from the action of River Rafting. Conclusion: In case of trespass, the person who is held liable for unlawful and wrongful interference in the land of another he or she may have to pay compensatory damages to the plaintiff[23]. However, this can only be awarded if the person has obtained any benefit from the land of the plaintiff. Additionally, the Court may also pass on order of injunction against the defendant, to restrain from unlawful interference of the land[24]. This is regarded as one of the most effective remedy to stop the intrusion to land. Hence, if Forest Enterprises is able to convince the Court that Water Adventures wrongfully carried out trespass the Court may pass an order for any of the above-mentioned awards in favor of the plaintiff. It is important to state here frankly that the River Rafting has got a good chance of obtaining successfully the remedies available under Design Protection. In the light of the stated facts, Water Adventures has copied the design of River Rafting without its consent which indicates a clear infringement the rights of the owner of the registered design. Had the design not been copied or had it been slightly different from the registered design, the defences would have become strong. Bibliography Barker, Kit, et al. The law of torts in Australia. Oxford University Press, 2012. Bently, Lionel, and Brad Sherman. Intellectual property law. Oxford University Press, USA, 2014. Bruun, Per. Design and construction of mounds for breakwaters and coastal protection. Vol. 37. Elsevier, 2013. Cane, Peter, and Patrick Selim Atiyah. Atiyah's Accidents, compensation and the law. Cambridge University Press, 2013 Caruana, Alex. "Understanding trespass."Agent, The46.2 (2013): 12. Cozens, Paul, and Marc Tarca. "Exploring housing maintenance and vacancy in Western Australia: perceptions of crime and crime prevention through environmental design (CPTED)."Property Management34.3 (2016). Davison, Mark, Ann Monotti, and Leanne Wiseman. Australian intellectual property law. Cambridge University Press, 2016. Deakin, Simon F., Angus Johnston, and Basil S. Markesinis. Markesinis and Deakin's tort law. Oxford University Press, 2012. Du Mont, Jason J., and Mark D. Janis. "Origins of American Design Patent Protection, The." Ind. LJ 88 (2013): 837. Field, Rachel, James Duffy, and Colin James, eds. Promoting Law Student and Lawyer Well-Being in Australia and Beyond. Routledge, 2016. Fitzsimons, James, et al. "Development by design in Western Australia: overcoming offset obstacles." Land 3.1 (2014): 167-187. Foster, Neil J., et al. "Discussion of the Tort of Breach of Statutory Duty." (2016). Goudkamp, James. "Reforming English Tort Law: Lessons from Australia."Damages and Compensation Culture: Comparative Essays, Forthcoming(2016). Greer, Guy, and Alysha Dinardo. "Trespass, illegal mining and private land."Australian Resources and Energy Law Journal33.2 (2014): 130. Lloyd, Ian. Information technology law. Oxford University Press, USA, 2014. McCausland, Clare, Siobhan OSullivan, and Scott Brenton. "Trespass, animals and democratic engagement."Res Publica19.3 (2013): 205-221. Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. Mitchell, Paul.A History of Tort Law 19001950. Vol. 8. Cambridge University Press, 2014. Nimmer, David. Nimmer on copyright. LexisNexis, 2013. Poisel, Tim. "Landowners awarded almost US $3 million in the first fracking verdict in Texas: A sign of things to come in Australia?."Australian Resources and Energy Law Journal33.3 (2014): 291. Simons, Kenneth W. "Victim Fault and Victim Strict Responsibility in Anglo-American Tort Law." Journal of Tort Law 8.1-2 (2015): 29-66. Stickley, Amanda P. "The issue of consent: For the plaintiff or defendant to prove in trespass to person?."Australian Civil Liability12.5 (2015): 90-92. Trotter, Andrew, et al. "the sydney law review." (2014). Virgo, Graham. "Tort Law Defences. By James Goudkamp [Oxford: Hart Publishing, 2013. xlvi+ 221 pp. Hardback 60. ISBN 9781849462914.]." The Cambridge Law Journal 74.01 (2015): 160-163. [1] Barker, Kit, et al. The law of torts in Australia. Oxford University Press, 2012. [2] Poisel, Tim. "Landowners awarded almost US $3 million in the first fracking verdict in Texas: A sign of things to come in Australia?."Australian Resources and Energy Law Journal33.3 (2014): 291. [3] Caruana, Alex. "Understanding trespass."Agent, The46.2 (2013): 12. [4] Cane, Peter, and Patrick Selim Atiyah. Atiyah's Accidents, compensation and the law. Cambridge University Press, 2013 [5] Cozens, Paul, and Marc Tarca. "Exploring housing maintenance and vacancy in Western Australia: perceptions of crime and crime prevention through environmental design (CPTED)."Property Management34.3 (2016). [6] Mendelson, Danuta. The new law of torts. Oxford University Press, 2014. [7] McCausland, Clare, Siobhan OSullivan, and Scott Brenton. "Trespass, animals and democratic engagement."Res Publica19.3 (2013): 205-221. [8] Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. [9] Mitchell, Paul.A History of Tort Law 19001950. Vol. 8. Cambridge University Press, 2014. [10] Stickley, Amanda P. "The issue of consent: For the plaintiff or defendant to prove in trespass to person?."Australian Civil Liability12.5 (2015): 90-92. [11] Deakin, Simon F., Angus Johnston, and Basil S. Markesinis. Markesinis and Deakin's tort law. Oxford University Press, 2012. [12] Field, Rachel, James Duffy, and Colin James, eds. Promoting Law Student and Lawyer Well-Being in Australia and Beyond. Routledge, 2016. [13] Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. [14] Goudkamp, James. "Reforming English Tort Law: Lessons from Australia."Damages and Compensation Culture: Comparative Essays, Forthcoming(2016). [15] Virgo, Graham. "Tort Law Defences. By James Goudkamp [Oxford: Hart Publishing, 2013. xlvi+ 221 pp. Hardback 60. ISBN 9781849462914.]." The Cambridge Law Journal 74.01 (2015): 160-163. [16] Bruun, Per. Design and construction of mounds for breakwaters and coastal protection. Vol. 37. Elsevier, 2013. [17] Bently, Lionel, and Brad Sherman. Intellectual property law. Oxford University Press, USA, 2014. [18] Fitzsimons, James, et al. "Development by design in Western Australia: overcoming offset obstacles." Land 3.1 (2014): 167-187. [19] Du Mont, Jason J., and Mark D. Janis. "Origins of American Design Patent Protection, The." Ind. LJ 88 (2013): 837. [20] Davison, Mark, Ann Monotti, and Leanne Wiseman. Australian intellectual property law. Cambridge University Press, 2016. [21] Nimmer, David. Nimmer on copyright. LexisNexis, 2013. [22] Lloyd, Ian. Information technology law. Oxford University Press, USA, 2014. [23] Greer, Guy, and Alysha Dinardo. "Trespass, illegal mining and private land."Australian Resources and Energy Law Journal33.2 (2014): 130. [24] Barker, Kit, et al.The law of torts in Australia. Oxford University Press, 2012.

Accounting Business And Corporate Banking

Questions: 1. Identify specific strategies used by Westpac to ensure conformity to appropriate financial services industry legislation, policies, procedures and guidelines? 2. Conduct the appropriate research to determine the Australian Accounting Standards Board requirements for reporting entities and non reporting entities? Answers: 1. Internal and External Audits Internal and External Audits of Westpac 2014 2015 Type Number Hours Number Hours All Internal Group Audit 149 61463 161 67579 Internal Environment Audit 1 50 50 88 Internal OHS Audit 8 509.2 8 512 External Financial Audit 121 - 1 656 External OHS Audit 8 97 - - Table: Internal and External Audits for Westpac Source: [1] The financial declaration of Westpac Group is prepared and presented as per the conditions stipulated under Australian Accounting Standards (AAS) Interpretations as declared by AASB Corporation Act 2001 as well as banking at 1959 modified. In addition to this, the financial statement also complies with IFRS and ISB. As per the declaration of the auditor independence stipulated 307c of the Corporation Act, there exists no contravention of the requirement of independence of the auditors under Corporation Act 2001 in association to audit. Furthermore, there also exists no contravention of any professional conduct code in association to audit. Corporate Governance Corporate Governance of Westpac encompasses the major principles for serving the rights of the shareholders. Board is committed to highest standards in aligning with Corporate Governance in recognizing fundamental for all the activities. This involves regular analysis of improved government practices for monitoring the global developments as per best practices in Corporate Governance[2]. Corporate Governance Statement of Westpac sets out the given principles covering the main aspect such as: Audit Governance as well as Independence Meeting wider aspects in corporate responsibilities [3] Paying as well as rewarding Executives Controlling over management risk The management of Westpac confirms with ASX Corporate Governance Principles as well as Recommendations namely third edition declared by Corporate Governance Council of ASX Limited. This tactics refers to the commitment of the company towards achievement of excellence in governance stipulations. Employment Conditions Business Strategy of Westpac involving in conducting customer-focused those will deliver superior customer experience as well as broadening of customer relationships. In other words, driving operational efficiency for Westpac in balancing risk and reward As per the Director report presented in the annual declaration of the company, Westpac intends to attract and retain talented workforce. This means the company also adopts innovative recruitment strategies, superior working conditions for meeting up altering expectations of the employees and developing right people for right job. The company has retained Employer of choice for Gender equality provided by workplace Gender equality agencies. The company also abides by legislative liabilities Workplace Injury Management and Workers Compensation Act 1998, Accident Compensation Act (1985), Workers Rehabilitation and Compensation Act 1986. Formal and Informal Staff Training Employee working at Westpac is provided with efficient formal as well as training session at the time of induction programs[4]. Commitment to employees at Westpac involves staff member receiving adequate training as well as development selected on merit basis. 2. It reveals conducting appropriate research for determining the Australian Accounting Standards in case for reporting as well as non-reporting entities. By summarizing, it can be noticed that Board list entity after approving from entity financial statements for given financial period. From the financial records, information are taken out regarding the reporting standard and non-reporting entities in compiling with appropriate accounting standards for rendering true and fair view of financial position[5]. The general purpose of financial report for preparing financial statement in accordance with Australian Accountant Standards from the Corporations Act 2001 References Shim J, Siegel J and Shim J,Financial Accounting(McGraw-Hill 2012) 'Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016 'Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016. Jae K Shim, Joel G Siegel and Jae K Shim,Financial Accounting(McGraw-Hill 2012). Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016. Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016. Westpac - Personal, Business And Corporate Banking' (Westpac.com.au, 2016) https://www.westpac.com.au accessed 10 November 2016.