Employment Responsibilities and Rights Essay

Learning Outcome 1. 1.1 List the aspects of employment covered by law. Aspects that are covered by law are as followed, anti-discrimination provisions to protect against gender, race, disability, age, working hours and holiday entitlements. Sickness absence and sick pay. Data protection for personal information. Health and safety. Criminal records Bureau (CRB) checks when starting work within a healthcare setting. 1.2 List the main features of current employment legislation. The main features are as followed, minimum wage, hours worked, Discrimination, health and safety, holiday entitlements, redundancy and dismissal, disciplinary procedures, training and union rights. Health and safety laws cover the work conditions, and minimum wage and other laws set basic compensation levels. There’s also the disability act, manual handling operations and regulations, data protection act, general social care council code 2001 and RIDDOR. 1.3 Outline why legislation relating to employment exists. Legislation relating to employment exists to stop exploitation of workers by their employers mainly to protect the rights of their employee’s and to make sure that they have everything they need such as safety standards, holiday entitlement, maternity leave, redundancy payments, discrimination laws, maximum working hours and age requirement. 1.4 Identify sources and types of information and advice available in relation to employment responsibilities and available in relation to employment responsibilities and rights. Sources of information and advice can be found in the HR department, from your line manager or your manager’s manager. The Citizens Advice Bureau, community legal advice, trade unions, additional learning support and from representative bodies. Read more:  Employer and Employee Statutory Rights and Responsibilities Learning Outcome 2. 2.1 Describe the terms and conditions of your own contract of employment. The terms and conditions of my contract of employment are the commencement date of which I started working for the organisation. Information about my probationary period where it explains that the first three months of my employment will be probationary so that I and the organisation can assess the suitability of this arrangement. My contract states my job title, which is care assistant. There’s information about the pay rate during the week  and a different rate of pay at weekends and bank holidays, along with how often we are paid. My normal hours of work each week and holiday entitlement are stated. Which explains that I’m entitled to 28 days holiday a year but only permitted to take a maximum of 10 days at any one time. Also listed is information about sick pay and how much notice to give when leaving the organisation. My contract explains about the uniform that is provided. There’s i nformation about the CRB checks that every member of staff has when starting. 2.2 Describe the information shown on your own pay statement. The information on my pay statement is my name, national insurance number, tax code and the dates of the four weeks that I have been paid for. It details the amount of hours worked for the four weeks with the rate of pay for weekdays, weekends and any bank holidays or holidays booked during that time and the value. There’s a list for tax deductions and national insurance deductions. The total amount of tax paid since working for the organisation. At the bottom of my pay statement there is the total gross pay which is the amount earned before tax deductions. Underneath there is the total amount of tax deductions for the four weeks. The net pay is the amount left over when tax deductions have been taken away from the total gross pay. 2.3 Describe the procedures to follow in an event of a grievance. The grievance should be raised verbally with your line manager or manager’s manager. It should be done in confidence giving full details and sufficient time to consider the facts of the case and where appropriate take remedial action. If your line manager not be able to satisfactorily resolve the grievance, the matter should be referred either verbally or in writing to the home manager whose decision will be final. An employee is entitled to have another person present at any stage of the procedure. 2.4 Identify the personal information that must be kept up to date with your own employer. Personal information that must be up dated is your change in marital status, address and telephone numbers. A change of next of kin details. National insurance number and tax code. Qualifications and work history. Any medical restrictions, absence details, training and data protection. 2.5 Explain agreed ways of working with employer. Agreed ways of working with your employer are following health and safety procedures, implement agreed ways to follow care plans. Following procedures  when someone needs to take time off either for personal reason or holiday. Giving your employer the correct time needed to organise shifts for sickness. Learning Outcome 3 3.1 Explain how our own role fits within the delivery of the service provider. My role fits within the delivery of the service provider because I am maintaining the organisations reputation and setting high standards. Following uniform policies by dressing smartly and wearing the correct uniform. Attending staff training and completing e-learning course so that I’m up to date with policies and procedures. Treating the service users with dignity and making sure they keep their independence. Also communication with other health care professionals, service users and their family on a regular basis. 3.2 Explain the effect of own role on service provision. Being a care assistant I support the unit managers and senior care assistants by communicating with them. I keep them up to date with any changes regarding the service users like their behaviour and any medical conditions which have either got worse or better. I follow all policies and procedures when undertaking tasks so that I’m complying with CQC standards. Working in a team we can support the service users to maintain their independence, individuality and basis rights. To ensure the safety of staff and service users all health and safety policies are followed. 3.3 Describe how own role links to the wider sector. Working as a care assistant we are linked to a variety of health care professionals such as doctors who come in once a week for check-ups on service users and possibly giving prescriptions so that we can monitor their condition. We also have district nurses and hospitals who require monthly check-ups and we have to update them on the service users condition from carers who work with them on a daily basis. 3.4 Describe the main roles and responsibilities of representative bodies that influence the wider sector. CQC go to a wide range of care settings to make sure essential standards of quality and safety are being met at all times. All staff that work within the health care industry follow all the appropriate policies and procedures to ensure the safety of the service user and staff. Learning Outcome 4 4.1 Explore different types of occupational opportunities. The different types of occupational opportunities are gaining a level 3 NVQ and working as a senior carer and eventually working towards becoming a unit manager. 4.2 Identify sources of information related to chosen career pathway. Information relating to a chosen career pathway could be to talk to your unit manager about progression to a senior care assistant and find out the relevant training and qualifications that are needed for the role. Another source is the NHS website for job similar to a care assistant such as a health care assistant which assistant the nurses. 4.3 Identify next steps in own career pathway. In order to become a senior care assistant I would need to complete my NVQ level 2 and medication course. Do the relevant training at work and then complete an NVQ level 3.

Earth Science and Society Essay

The other four major contributors to the development of modern astronomy after Copernicus are Galileo, Tycho Brahe, Johannes Kepler, and Isaac Newton. Galileo Galilei supported Copernicus’ ideas and was the one who devised the early telescope that was able to enlarge objects up to 20 times. With the use of this telescope, he was able to prove the heliocentric theory proposed by Copernicus. Tycho Brahe is a Danish astronomer who focused on developing astronomical instruments as well as measuring and fixing the position of stars accurately before the telescope was invented. Johannes Kepler focused on determining the movement of the planets and his laws paved way to the concept of orbits as planetary paths. Isaac Newton’s laws of motion and gravitation further established how planets were able to revolve around the sun and how they moved in an orbit through the pull of gravity. It took a long time to overthrow the geocentric theory because it was backed up by the church and the existing rulers at that time. Those who deviated from the beliefs of the majority were persecuted and thrown to prisons. Only a brave few stood against these people in order to prove them wrong and discover the truth. It only tells us that society doesn’t accept the truth with open arms most of the time, as it is hard to break the preconceived knowledge about things. Discoveries such as the heliocentric theory took a very long time to be accepted by the people, especially because it replaced a more divine theory that the Earth was the center of everything in the universe. Geography is split broadly into two sub-disciplines which are human geography and physical geography. Physical geography is focused primarily on the built environment and how space is created, viewed, as well has managed and handled by man, considering the influences that humans have on the space they created and occupied. Physical geography on the other hand, deals with the natural environment and how other factors like climate, vegetation and life, soil, water and landforms are created and interact with each other. Geography can be best defined as the study of the earth and its features, including everything contained in it, like the ones inhabiting the earth and the different phenomena occurring in it. Geography’s strengths mainly rely on its different branches, as it seeks to cover most concerns regarding the earth. On the other hand, its weaknesses was that it is not able to fully explain a certain field often, which is why there is a need to study other subfields of geography in order to cover for that weakness. The weather is a set of all the phenomena of a given atmosphere considering a certain period of time. This more on a short term basis, usually for hours or days say for example today it rained, while yesterday, it was just fairly cloudy. This is in comparison to that of climate, which is the average atmospheric conditions over longer periods of time, usually months, accounting for the seasons that we experience all throughout the year. The greenhouse effect is the process wherein there is the emission of infrared radiation by the atmosphere which then warms the earth’s surface. On the other hand, global warming is the increase in the average measured temperature of the air near the surface of the earth, because of the heat trapped by various gases in the atmosphere, as caused by pollutants like burning of fuels, smoke, and more. The two concepts are not the same, but the relationship between the two is that because of the greenhouse gases (too much of it) the heat trapped in the atmosphere increases, thus causing global warming. The effect on the environment is drastic, as polar icecaps melt, thus increasing the water levels in different parts of the world. It also changes the patterns of the environment, like the seasons, and the climates at different places. It greatly affects our lives because we might be experiencing a possible cause of species extinction, not only for the animals, but also for us human beings. Pressure gradient force is the acceleration of air due to an impending pressure difference or a force per unit of mass. This usually accelerates air from a high pressure area or region towards a low pressure region thus creating wind. The coriolis effect is the apparent deflection of moving objects when it is viewed from a certain frame of reference. The effect causes air in the atmosphere and water in the ocean to flow to the right of the direction north of the equator, thus causing the rotation of large cyclones. Frictional force is the force resisting the relative motion of two surfaces which are in contact, or a certain fluid in contact with a surface (such as air on an airplane or water flowing in a pipe. California’s Mediterranean climate is characterized by hot, dry summers and cool, wet winters. On the other hand, South Carolina’s humid subtropical climate is characterized by hot humid summers and chilly to mild winters. The United States have varying climates from the eastern part because of the bodies of water surrounding it. It can be explained by the El Nino, wherein large circulations of air across the Pacific Ocean breaks down, and warmer than normal waters appears in the eastern Pacific, while colder than normal waters appears in the western Pacific Ocean.

Communication and stereotypes in the film Crash Essay

Communication and stereotypes in the film Crash - Essay Example Using the example of the Johari Window model, the concepts within the film and the nature of the self can be examined. The Johari Window is based upon a four panel model in which the self is divided into the open, the hidden, the blind, and the unknown self. Each of these selves is manifested, but not all are understood by the perceived self or the public self. The window also changes as the relationship is defined between two people (West & Turner, 2011). An example of this can be seen in the character of the district attorney’s wife. On the one hand, her open self seemed very generous and warm. She presented to the world as someone who was lovely and with pure intentions. However, when examined in a different context, her hidden self was seen to be highly fearful of those of differing racial backgrounds. Her blind self most likely had no true understanding of this aspect of her personality, feeling justified when it slipped into her open self in relationship to how she commu nicated it to those with which she was intimate through the guise of a belief system that embraced stereotypical representations. Blind to her own feelings of prejudice, this was also unknown to anyone outside of her own internal self in regard to how deep these feelings were imbedded within her essential self. The district attorney was organizing a more blatant attempt in offering up spin scenarios that would preserve both the African American vote and the hard on crime vote.  Ã‚  ... Using the example of the Johari Window model, the concepts within the film and the nature of the self can be examined. The Johari Window is based upon a four panel model in which the self is divided into the open, the hidden, the blind, and the unknown self. Each of these selves is manifested, but not all are understood by the perceived self or the public self. The window also changes as the relationship is defined between two people (West & Turner, 2011). An example of this can be seen in the character of the district attorney’s wife. On the one hand, her open self seemed very generous and warm. She presented to the world as someone who was lovely and with pure intentions. However, when examined in a different context, her hidden self was seen to be highly fearful of those of differing racial backgrounds. Her blind self most likely had no true understanding of this aspect of her personality, feeling justified when it slipped into her open self in relationship to how she commu nicated it to those with which she was intimate through the guise of a belief system that embraced stereotypical representations. Blind to her own feelings of prejudice, this was also unknown to anyone outside of her own internal self in regard to how deep these feelings were imbedded within her essential self. Much of what the district attorney’s wife was doing within the many roles that she had being the wife of a semi-public figure was to utilize impression management. She tried to manage the impression that she was exhibiting in front of the two young African American men who were approaching as she and her husband were walking down the

From your initial lectures and seminars write a paragraph or two (Max Essay

From your initial lectures and seminars write a paragraph or two (Max 300 words) explaining your understanding of Organisational behaviour in businesses today - Essay Example In identifying appropriate strategic approaches organizations implement SWOT analyses; SWOT represents strengths, weaknesses, opportunities, and threats. In addition to these strategic elements organization behavior also involves developing an overarching mission statement. This functions to speak to the organizations core goals and values. Another key aspect of organizational behavior in businesses is management. Management considers the companys mission statement and strategic directives and works to achieving these goals through attention to efficiency, effectiveness, and equity. Within the organizational element of management is the question of what constitutes effective management and how it can be achieved and maintained. In these regards, Drummond is particularly effective in articulating one of the predominant organizational conflicts, â€Å"The fundamental problem of management is that organisational & individual objectives differ.† Within management organizations utilize specific approaches to management that have been categorized by researchers. These include the classical approach, the human relations approach, the scientific approach, and the systems and contingency approach. All of these approaches have strengths and weaknesses with a great number of challenges being levied at either their over or under emphasis on human or efficiency concerns. In an effort to bridge this organizational gap, the systems and contingency approach was

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

Images - Essay Example e image and clarity of the image have been presented very well as the viewer does not take much time to visualize on the content and the composition of the image. In fact, the artist in his painting techniques had designed the image to create a sense of humor to any viewer that could be viewing the image for his work or any study purposes o any other purpose. Most of the images made by using different kind of color as this artist has used are mostly appealing to the viewers as they are simple to understand and interpret. There is less time involving in visualizing their composition. Contents and the forms of such particular images also present a cool temperature nature of the conditions they were taken. 2. The image below is that of altostratus clouds. These clouds are usually characterized by dense, gray layer cloud that is often evenly and opaquely to enable any form of a little sunshine to penetrate. In this image, the background is very dim and thereby portraying that the atmospheric perspective point from where the photograph was captured. It could have been at the very far distance or from an aerial point of view. Observers can articulate from the image that that the art of calligraphy was of low representation as it its hue is much dim. The photo seems to be from an area that had very bright light hence interfering with the color strength of the background of the product. From the look of the image, observer can represent its temperature to be that of a cool scenario due to its dimness. The artist, therefore, could have used any of the complimentary colors; that is either red and yellow or yellow and blue or yellow and violates to give the image the strongest contrast it could have. People can also see the use of pointillism when viewed from a very close range since there are some small dots that could be seen at the background of the image. The small dots that the artist used during his painting work could also create an impression on the image as of

NYC has been affected by storms. Some of environmental Research Paper

NYC has been affected by storms. Some of environmental conservationists have proposed that New York follow Amsterdam in protecti - Research Paper Example As some of environmental conservationists have proposed that New York follow Amsterdam in protecting its coastline from flooding. In this paper we would analyze research and discuss the topic. INTRODUCTION â€Å"Floods are among the most powerful forces on earth. Human societies worldwide have lived and died with floods from the very beginning, spawning a prominent role for floods within legends, religions, and history.† (O’Connor, J.E., and Costa, J.E., 7) There are several geologists, historians, and hydrologists have critically reviewed the impact of floods and its consequences on humanity and how it supports the ecosystems as well. Therefore, this results in detailed elaboration of the role of floods shaping up the lives of different individuals and families. The extreme flooding in the United States over the past few years or decades have determined the restrictions and limitations of the nonstructural flood control in the country. NEW YORK CITY HAZARDS Many studie s and researches have shown that the floods in the United States have cost the property losses of more than $1 billion. In the recent years, New York City has been the victim of devastating and horrendous floods. The records that were held for centuries were fallen and broken and major areas of New York City have been evacuated as well. Furthermore, the territories and towns now lack to communicate from the outside world as well as their neighboring societies. All the disasters New York has faced over the recent years have attacked with such cruelty and fierceness that many historic structures were damaged, families were destroyed, many lives were taken away, and many people are homeless now. New York City has lost so much and has been through a lot which also has decreased the enhanced beauty of the city. Not only houses, business, families, historical places and structures were damaged or destroyed but the city also lost some of their important documents and some of their history which were saved in proper vaults and safe houses. â€Å"Opportunities to protect and enhance natural systems through policy are valuable and often fleeting. To assure that environmental concerns are properly and judiciously represented in flood management decisions, individual cases must be assessed from a basin-wide perspective.† (Hickey T and Salas D, 2) THE FLOODZONE NEW YORK CITY Everyone living in the New York City is affected by these drastic floods and flood damages which are caused from the storms or water main breaks. The most common example of these floods is severe rain storms and thunderstorms. One of the reasons of these severe flooding is because of the geographical location of New York City in the map. The city is closest to Atlantic Ocean; therefore, it is easily exposed to the flash, coastal, and tidal flooding as well. â€Å"New York City, New York (NYC) is extremely vulnerable to coastal flooding; thus, verification and improvements in storm surge models are needed in order to protect both life and property.† (Colle and Buonaiuto et al. 829) The New England Hurricane of 1938, Hurricane Sandy, and Hurricane Edna were the floods which caused most deaths in the New York City. The New England Hurricane of 1938 The Great Hurricane in the 1938 was considered as the major disaster

Travel and Tourism in Sri Lanka Essay Example | Topics and Well Written Essays - 2500 words

Travel and Tourism in Sri Lanka - Essay Example This "Travel and Tourism in Sri Lanka" essay outlines the recommendations what the travel organization of Sri Lanka should do to succeed on the international market and contains detailed and effective marketing strategy and action plan. Marketing strategy should be associated to the corporate and business strategies and should be consistent in directing competitive thrust on superior management level. As marketing has a large number of activities it has to decide on how it will serve its targeted customers. The marketing strategies should be a guide to achieve goals and objectives in an organisation. It is the base on which marketing decisions are made. These strategies are to be mixed appropriately which helps to achieve the goals in an easier way in an organisation. This mix is known as ‘Marketing Mix’. Marketing mix consists of four primary components. These are: Product: Product refers to the goods as well as services which an organisation offers to the consumers of the product and in return it charges certain amount of price. The buyer pays not for the product but for the satisfaction the product will give. The Sri Lankan company may place its travel packages as their product in the UK market. Price: Price refers to the amount that is charged against the products and the services the organisation offers. Pricing mix is an important element as it influences the demand of a product and the profitability of the organisation. An organisation has to keep the demand, buyers’ capability to pay for the product and etc.

Manipulating creation Essay Example | Topics and Well Written Essays - 500 words

Manipulating creation - Essay Example Therefore, while technology plays an important role in creating easy and comfortable lives for humanity, it is important to observe boundaries that maintain the balance of life. In the creation stories, there is a concept of God creating everything for the comfort of humankind. For example, man is in charge of all life on earth (Herzfeld 91). The implication is that man has the authority to shape the world to a shape that suits all his need. Therefore, the desire to change the nature of creation is justified by the position of man in the universe. However, this is a utilitarian view. An alternative view would mean that man has the responsibility to maintain creation as it is. In addition, changes would imply dissatisfaction with the work of the creator. Therefore, such changes would be wrong in a religious context. The illustration of the initial desire to change the nature of metals to suit the needs of humanity exposes the nature of man and his position in creation. For example, in an economic argument, the limited amounts of Gold make the metal valuable. It its quantities were to increase, its value would reduce. In addition, the other metals have more u se in building, tasks that gold cannot be used for. Therefore, the current model of creation fits the needs of humanity by availing materials in the amounts required by humankind. Therefore, the provisions of nature create a balance that makes life easier by providing the requirements of humanity at the required amounts. However, the argument of presence of diseases and other genetic disorders that complicate life and create suffering is used to challenge the principles of nature. For example, in the proposed models of nanotechnology, it is possible for doctors to remove tumors that were recently fatal to man (Herzfeld 96). In addition, the principles of alchemy were instrumental in brewing

Uniform Civil Code Essay Example for Free

Uniform Civil Code Essay India is a secular democratic country. Secularism means equal rights to everybody. The rights should not differ on the basis of sex or religion. The fact that India is having different Civil Code for different persons based on their religion does not suite its secular state status. The two major laws that are governing the lives of most of the people of our country is the Hindu and Muslim law (Sharia law). Both these laws have varied approach to civil rights. The marriage and divorce in Muslim law is one of controversial points that is male supportive. The concept of saying â€Å"Talak† three times will result in divorce without even the consent of the female partner. The alimony also needs to be given only for three months after divorce. These things are completely against the rights of women. The guardianship is also a controversial issue. According to both the above said laws. The first guardian is the father and then the mother is the second guardian. This is completely against the right of the women towards her child. The Muslim law allows a male child to get 3 times the female child of their family’s property. The HHiHindu law while it was not even asking for a share for the female child was later modified to allow equal partition of the wealth. There is an article in our constitution that allows the old British laws to exist unless otherwise notified and the law allowing everybody to follow any religion of their wish. It is not the time for our government to rob in religious leaders, scholars and law makers to a common table and devise a new common civil code with the goal of giving equal rights to everybody.

Predatory pricing of petrol Essay Example for Free

Predatory pricing of petrol Essay Supermarket price wars are putting Britain’s small petrol stations out of business at the rate of one a day. Sainsbury’s, Tesco, Asda and Morrisons have this year embarked on a war to attract hard-hit consumers and the price of fuel has been central to their campaign. Morrisons is offering loyalty points on its new fuel card while Asda has launched a price comparison app for mobile phones to convince shoppers it has the cheapest fuel. Both Sainsbury’s and Tesco have offered money-off vouchers for petrol customers. The Retail Motor Industry Federation (RMI), a trade association representing the interests of 6 000 small petrol stations, is hoping the OFT inquiry will support its members, who believe that unfair and predatory pricing by the supermarkets and some major oil companies is making it impossible for them to compete. There are now about 8 000 small petrol retailers compared with 21 000 two decades ago and 40 000 in 1966. It predicts that in five years there will be very few independent petrol retailers left. The OFT inquiry comes at a time when the supermarkets have proved particularly effective at building up a huge stake in the petrol market. With the recession dragging on, households are keen to save even one or two pence a litre, particularly those families whose livelihoods depend on the use of a car. Between June 2007 and June 2012 – a period that saw  considerable crude oil price volatility – the price of petrol rose by 38% while diesel rose by 45%. In 2011, supermarkets accounted for 45% of total fuel sales from just 1 316 sites compared with 37.4 % in 2010. The OFT said the fuel market for Britain’s 33 million motorists is worth around  £32 billion a year, and accounts for 5p in every  £1 of household expenditure. But many have also blamed the Government and increases in fuel tax for soaring petrol prices. It takes 60% of the price of every litre of petrol in tax – the highest rate in Europe.

The concept of national identity

The concept of national identity In recent years, due to the expansion of modernism and modernisation on a global scale, there have been developments at cultural and structural levels, resulting in a change in national identity and making the study of nationalism and national identity an important topic in social science. These studies are often concerned with the complex and contradictory nature of cultural identities and the role of communications media in the development and reconfiguration of those identities. This essay will attempt to define the terms nation and national identity and discuss how far these concepts relate directly to geographical location and/or political boundaries. It will look at the relationship between the media and national identity and explore its extensiveness and what it means for the concept of national identity itself. Additionally, the issue of whether national identities are real or perceived will be addressed as well as whether the concept, or indeed, the experience of national identity is a media-dependent phenomenon. Other issues that will be discusses include the elements that may contribute to an individuals sense of national identity and what an absence of (national) media would mean for the concept of national identity and the sense of belonging to a particular nation. Many scholars would agree that the concepts of nation, nationality and nationalism have all proved difficult to define and analyse. Anderson (1991) notes that while nationalism has had significant influence on the modern world, plausible theory about it is conspicuously meagre (p.54). Seton-Watson (1997) concludes that while no scientific definition of the nation can be devised, the phenomenon has existed and exists (p.5). Even Nairn (1975) remarks that the theory of nationalism represents Marxisms great historical failure. But even this confession is somewhat misleading, in so far as it can be taken to imply the regrettable outcome of a long, self-conscious search for theoretical clarity (p. 3). Although there is little consensus regarding the forces responsible for its manifestation, most theorists on nationalism believe it to be an essentially modern phenomenon, appearing in the late eighteenth century in Europe and North America. Three theorists stand out in the genealogical debate over nationalism. Hobsbawm (1990) defined nationalism as the popular realisation of political rights in a sovereign state. A populace linked itself to a limited national territory and was embodied through a centralised government, an event he believed first occurred during the French Revolution. If nationalism was a modern invention, so were nations: the nation-state was the result, rather than the origin, of a nationalist discourse (Hobsbawm, 1990, p.28). Gellner (1983) adopted an economically reductionist approach, deeming nationalism a necessary function of industrialisation. He argued that because industry required skilled labour, a common vernacular, and high rates of literacy, the need developed for a national high culture promoted by a state run educational system. Simultaneously, the old agrarian order faded away and societal anonymity replaced provincial distinctness, facilitating the creation of a homogeneous national cul ture. Like Hobsbawm, Gellner sought to dispel teleological notions of the nation as eternal and reiterated that national was a modern invention, created in response to the needs of a new economic system, even it represented itself as a natural, historical phenomenon. The theory of the nation as invention was taken further by Anderson (1983), who saw nationalism as a process of imagining communities. Nation-states are imagined because members of even the smallest nation will never know most of their fellow-members, or even hear of them, yet in the minds of each live the image of their communion (Anderson, 1983, p.15). He argued that the decline of universal religious paradigms and the rise in print capitalism allowed for this cultural construction to flourish in eighteenth century. The mass consumption of newspapers and novels enforced a common vernacular, linked a populace to urban centres, and encouraged common participation in a shared imagined culture. Anderson (1983) implied that the reformation of the printing press did more to encourage nationalism than did the advent of industrialisation. Despite their differences, all three of these prominent theoreticians identified nationalism, and by association the nation-state, as a phenomenon of the last few centuries. It has therefore been suggested that time, is not the most useful tool for categorising nationalism or national identity. While nationalism is dependent on a variety of historical factors, it has been noted that national identity cannot be labelled as embryonic nationalism because not all national identities function within nations. Estel (2002) describes national identity as a special case of collective identity: This does not mean an objective, i.e. systemic, connection built by human beings, but its interpretation by the members of that collective hence it must be socially shared, the binding knowledge being the key factor. National identity then means a socially shared and binding knowledge in the form of an officially prevailing conception of itself in a certain nation being imparted through certain institutions (p.108). As many have asserted to, the concept of national identity is complex, and its intensity, character and origins vary with time and place. Smith (1991) argues that identity operates on two levels, the individual and the collective which are often confused in discussions of ethnic and national identity. Collective identities are composed of individual members they are not reducible to an aggregate of individuals sharing a particular cultural trait. Similarly, from a description of the elements one cannot read off the probable actions and dispositions of individual members, only the kinds of contexts and constraints within which they operate (p.130). He adds that the broadest subtype of collective cultural identities is the ethnie or ethnic community. Connor (1993) agrees: If we look at todays countries, many of them seem to build their perceived internal similarity on a premise of shared ethnicity. A subconscious belief in the groups separate origin and evolution is an important ingredient of national psychology. This belief in the groups separate origin and evolution is the basis of ethnic identity, and ethnic identity seems to constitute the core of nations (p.377). Ethnic communities are characterised by a perception of similarity among members, stemming from a perception of kinship (a blood relationship), and a simultaneous perception of difference from other ethnic communities (Eriksen, 1993, p.12). They have a common collective name, a collective historical memory, common cultural traits, a homeland, a myth of common descent, and a strong sense of internal solidarity. This element of fictive kinship, which is at the heart of ethnic affiliation, is also at the heart of feelings of nationhood (Smith, 1991, pp. 21-22). As Connor (1993) suggests, it is not what is but what people perceive as is which determines the extent of national feeling. The nation-as-a-family metaphor is not a rational feeling, but rather an emotive one; it is a bond beyond reason appealing not to the brain but to the blood (Connor, 1993, p.384). Das and Harindranath (2006) suggests that even in the absence of an ethnically homogenous population, nations rely on the idea o f an over arching ethnic bond to emphasise the difference from non-members and to join all members into a national community (p.11). National identity, to whatever degree it exists, is constituted by the interlacing forces of history and collective choice (Parekh, 1994). It is a dynamic structure of affiliation, with strong foundations in the past but susceptible to change in the future. Nations base their claim to statehood on assumptions of a shared cultural heritage, which are in turn most often based on assumptions of shared ethnicity. The latter assumption has less to do with a reality of common ethnicity than with a myth of common ethnicity which is cast over multi-ethnic communities to turn them into politicised national communities (Das and Harindranath, 2006, p.12). Most modern nation states are multi-ethic, making it difficult to define one unified conception of national identity among all members. Throughout the early modern period, the character and intensity of national identity varied widely from place to place. The idea of the unity of a nation-state could come either from its cultural or political unity. Sixteenth and seventeenth century Europe was the location of the formation of nation states. In England, France, Spain and Sweden, the dominant ethnic community incorporated outlaying regions and ethnicities into a dominant ethnic culture through the use of bureaucratic, centralised state machinery. Employing fiscal, judicial, military and administrative processes it welded together often disparate populations into a single ethnic community based on the cultural heritage of the dominant core (Smith, 1991, p.68). This is what Smith (1991) identifies the dominant ethnie model which is present in countries like Burma where the dominant Burmese ethnic community has heavily influenced the formation and the nature of the state of Burma (now known as Myanmar), rather than the Ka ren, Shan or Mon ethnic groups. Other cultures continue to flourish but the identity of the emerging political community is shaped by the historic culture of its dominant ethnie. The construction of the nation here becomes a process of reconstructing the ethnic core and integrating the culture with the requirements of the modern state and with the aspirations of minority communities. Non-dominant cultures are then relegated to the position of minority cultures (Smith, 1991, pp.110-111). Smith (1991) also notes that there are some multi-ethnic states where discrepancy in inter-ethnic power is marginal enough to allow for a state along the lines of the supra-ethnic model, where the emphasis is on political rather cultural unity (p. 112). However, Das and Harindranath (2006) states the success of this model is debatable as representative examples are few and far between (p.13). Such cases might include the Nigerian case, where the attempt to build a supra-ethnic state resulted in the concentration of power in the hands of three major ethic groups (out of the existing 250 groups) rather than any one. As Connor (1993, p.375) argues, a people who are politically and culturally pre-eminent in a state (even though other groups are present in significant numbers) tend to equate the entire country with their own ethnic homeland, and to perceive the state as an extension of their particular ethnic group. Oommen (1990) suggests that once a multi-ethnic or poly-ethnic state emer ges it becomes a reality-in-itself. The coexistence and interaction between the different nations or ethnic groups produce certain emergent properties which give a new meaning and a collective self-identification to the constituent units (p.35). This collective self-identification of a people with a nation-state according to Das and Harindranath (2006) is their national identity. Tying a nation together is a deep network of common institutions: a military, a common economy, a common legal system, a common administrative infrastructure, and a variety of shared institutions transport, communications, public utilities and banks among others. At a more visible level are the overt makers of national identity, the political symbols that set one nation-state apart from others: a name, flag, national emblem, national language, common currency (p. 16). These are invented traditions which soon acquire the feel of antiquity but are in fact usually of recent origin (Hobsbawn and Ranger, 1983). The formation of such identification involves dimensions of unity and permanence (Melucci, in Schlesinger, 1991, p.154). The latter suggests that the nation has to be seen as persisting through time, well into the past and future; it has to be seen as beyond time (Connor, 1993, p.382). Such an imagining of the nation as beyond time, according to Das and Harindranath (2006) takes national identity partly into the realm of non-rational, making it an emotional identification rather than an intellectual one. The issue of creating certain uniformity within nation-states and the process of nation-building then comes to the forefront and most nations look to the media to play its part in the construct of a national culture and a national community. Why the media? Das and Harindranath (2006) explains that considering how much of our knowledge of the world comes from mediated communication, either through people or through the mass media, this is likely to be a primary source of influence on our structures of identification since we cannot accomplish very abstract levels of identification (as with a nation-state) by exclusive reliance on our own direct lived experience or face to face communication of others (p.18). Media have typically been institutional products of nations and, as such, play a fundamental role in their maintenance (Anderson, 1983, pp. 24-25). In most countries national broadcasting in the early forms (especially before its commercialisation, when it could not afford the str atification of its audience), has made possible the transformations of individual activities (dramas, performances, etc) into fictions of collective national life for millions of individuals who may never interact with one another. It is a fact that nation-states must have a measure of common culture and civic ideology, a set of common understandings and aspirations, sentiments and ideas that bind the population together in their homeland. The major agencies through which this socialisation is carried out are the mass education system and the mass media (Smith, 1991, p.11). Das and Harindranath (2006) notes: National identity has been an underlying theme in communications research since the 1950s, when new technologies were linking the world with their ever-increasing reach into diverse global populations. At that time, these technologies were held up as a panacea for the ills of underdevelopment researchers such as Schramm and Lerner eagerly endorsed the view that judicious deployment of Western media products in the Third World would help bring to them the benefits of western progress and development (p.18). Sreberny (2008) points out, this idea and model of development was criticised for equating development with the West. The media/cultural imperialism theory, which gained impetus from such criticism, argues that the excessive flow of media products from West to East of from North to South leads to the erosion of national cultures in the non-Western world, resulting eventually in a homogenised world in the image of the west. Melucci (1989) disagreed with this theory as well: To simply be aware of something is not to identify with it; identification comes from the making of an emotional investment, an investment which enables a group of people to recognise themselves in each other, and to feel a similarity with other members of a group. In addition to being aware of the existence of nation-states therefore, I must also be aware that there are many of them, that the one I live in is different from the others, and that I belong to a particular one because of my similarity with others of that nation-state. I can then be said to possess a national identity. My identity is therefore not just Indian but equally not French, not Thai (p.17). Today, national media are participating in the two processes of national identity building. Firstly, as tellers of national myths, (especially in times of crises, rapid social change or external threat), as engravers of national symbols upon the nations memory, and presenters of national rituals (elections, celebrations, etc), they work in the direction of emphasising the similarities among the group members. For media producers, the prominence of national identity in the media content is encouraged by the knowledge that they are constructing news for a national audience with which they share national membership (Entman, 1991; Rivenburgh, 1999). Secondly, as a primary domain of the public sphere, the media produce and reinforce the relational opposition of us and the others. One of the areas of media content to which such nationalist discourse today is very high, is news and especially the coverage of foreign affairs. Comparative international news research shows the significant role of the media in perpetuating a world view that consistently favours the home nation perspective on world affairs (Rivenburgh, 1999). Discrepant perceptions of world affairs largely emanate from different cultural and political values held by groups with different national identities enhanced by national media coverage (Rivenburgh, 1991, p.1). The media play a significant role in collapsing the experience of distance by creating a global simultaneity, rendering events across the world into nightly news broadcast into our living rooms. Media coverage of crisis events may not only affect public opinion but may increasingly provide policy makers with vital information to determine lines of foreign policy and diplomatic initiatives (Sreberny, 2008). Additionally, At the start of the 21st century, more and more people lived in mediatised societies where our understanding of local, national and international political, economic and cultural issues is framed by and through the media and other cultural industries. While we need to be wary of collapsing cultural issues into technological developments, it is nonetheless true that the global spread of media has raised a host of new questions about our identities, about our relations with others and about our understanding of the world (Sreberny, 2008, p.10). One prominent pattern that emerges in the images of nationhood is the definition of national and anti-national by the media, the normal and abnormal, the good and the bad. Such delineation is important especially in nation states characterised by diversity (Das and Harindranath, 2006, p.19). Scannell and Cardiff (1991) illustrate such a definition in the British case showing how the BBC treated British music as essentially synonymous with English music while the music of Scotland, Wales and Ireland was marginalised. This case clearly illustrated how the media contribute to the articulation of the identity of the dominant ethnic group in a multi-ethnic nation-state. New forms of communications and media such as the internet have made it possible for those individuals living outside of their respective nations to still maintain a sense of national identity. The internet can be a very important vehicle for the transmission of ideas concerning a national identity, particularly for those people who have lost or left their homeland. The internet provides a special type of community with a very strong common feeling national communities without a nation. People scattered all over the world regardless of they are from still have succeeded in maintaining a national identity without a nation state. While this used to take place in physical places, the internet and other forms of new media offers different possibilities for these communities, for they can now organise worldwide, reach new members and communicate with these members more often. The websites visited and used by these communities form more than a virtual nation. Their aim is to construct a true nation and it is done by presenting users with sites that are as complete and historic as possible as all varieties of news and information can be found on the internet. The mass media thus engender a we-feeling, a feeling of family, among the community, providing continual opportunities for identification with the na tion. The media enable entire populations to participate in the everyday life of a country-wide community, uniting individual members of the national family into a shared political and cultural rubric (Chaney, 1998, p. 249). It is equally important to note that agencies of socialisation such as the media can also be harnessed to divisive purposes which might have the consequence of impeding the construction of a national identity or of undermining the force of one or more elements of the symbolic repertoire of nationalistic ideology (Das and Harindranath, 2006, p.19). In some cases, nationalist views and provocative views have provoked some of the worlds worst massacres. One such example is when RTLM (the Hutu radio/television station in Rwanda) played an inciting and aggravating role in the massacre of the Tutsis by repeatedly broadcasting messages in which Tutsis were slandered and ridiculed and depicted as despicable. On another continent, media in former Yugoslavia have played a significant role in creating an environment of ethnic hate and xenophobia that contributed towards the pre-conditions for savage ethnic wars. While these may be extreme cases, the simple fact of establishing the homogenising tendency of national media is not an adequate base from which to conclude that audiences are homogenised and that advocacy does not always med acceptance. In cases where the national image promoted by the media is not accepted it does meet with resistance from sections of the populations. While some resistance is severe as in the cases of Rwanda and Yugoslavia other populations use organised forms of resistance where the groups in a nation state who are not part of mainstream culture find peaceful ways of asserting their own identities. One such example is the Ernabella Video and Television (EVTV) project in Australia. It was established by leaders of the Ernabella aboriginal community in 1983 as a video project intended to record the local culture, which was fading away with the decline of their previously nomadic lifestyle. It was also a reaction to outside media which local leaders saw as a negative influence on their community. EVTV developed into a television channel by which aboriginals recorded and rediscovered their culture, and it simultaneously enabled them to construct a pan-aboriginal identity among the dispersed aboriginal populations of Australia. It was the discovery and assertion of ethnic aboriginal identity which they actively used to reduce the pote ntial homogenisation influence of mainstream Australian culture depicted on national television (Batty, 1993). Another form of resistance is through readings where the argument here is that media audiences interact with media texts in extremely complex ways. Studies have uncovered significant differences in the way audiences from different backgrounds produce diverse readings of an episode of a soap opera, suggesting that social identities affect interpretation of media messages (Ang, 1990). Media texts can therefore no longer be thought of as binding each member of the audience evenly into a particular interpretation; the meaning of the text, rather, is open to negotiation between the text and the viewer. Differences in interpretation are not, however, the result of a failure of communication, but are rather the results of differences in the lived experiences and mental words of audiences. Where cultural realities are different, there is a likelihood of different interpretations (Jensen, 1987, p.31). In conclusion, although the established literature lacks firm evidence of individual level media effects it nevertheless suggests with some confidence that there is a strong, positive tie between media consumption and individual level national belonging. Drawing largely on historical and textual analysis methods, the claim has been established that the media have been foundational over the past three centuries in the shaping, distribution and institutionalisation of identities. The classic texts on nationalism repeatedly argue that the media have played a key role in nation building and that the idea of a one-culture-for-all does not work and attempts at enculturation of diverse people into a mainstream culture are inevitably resisted through social movements at the peripheries of the mainstream (Das and Harindranath, 2006, p.21). Martin- Barbero (1993) further suggests that communication is a field in which these battles over identity are fought out. The media is therefore the site where states explore routes to uniformity within their nations and are simultaneously the site which assists non-mainstream groups to explore and announce their distinctiveness.

A Feminist Perspective of A Dolls House Essay -- Feminism Feminist Wo

A Feminist Perspective of A Doll's House In "A Doll's House", Ibsen portrays the bleak picture of a role held by women of all economic classes that is sacrificial. The female characters in the play back-up Nora's assertion that even though men are unable to sacrifice their integrity, "hundreds of thousands of woman have." Mrs. Linde found it necessary to abandon Krogstad, her true but poor love, and marry a richer man in order to support her mother and two brothers. The nanny has to abandon her children to support herself by working for Nora. Though Nora is economically advantaged, in comparison to the other female characters, she leads a hard life because society dictates that Torvald be the marriages dominant member. Torvald condescends Nora and inadvertently forces Nora to hide the loan from him. Nora knows that Torvald could never accept the idea that his wife, or any other woman, could aid in saving his life. At the beginning of "A Doll's House", Nora seems completely happy. She responds to Torvald's teasing, relishes in the excitement of his new job, and takes pleasure in the company of her children and friends. Nora never appears to disagree with her doll-like existence, in which she is cuddled, pampered and patronized. As the play progresses, Nora's true character appears and proves that she is more than just a "silly girl" as Torvald calls her. Her understanding of the business details related to the dept she incurred in taking out a loan to help Torvald's health shows her intelligence and her abilities beyond being merely a wife. The secret labor she undertakes to pay off her dept demonstrates her determination and ambition. In addition, her willingness to break the law in order to aid her... ...dlike mentality and needs to grow before she can raise her own children. Her defiance of Torvald, when he refuses to let her leave, reflects her epiphany that she isn't obligated to let Torvald dictate her actions. The height of Nora's realization comes when she tells Torvald that her duty to herself is as strong as her duty as a wife and mother. She now sees that she is a human being before she is a wife and mother and she owes herself to explore her personality, ambitions, and beliefs. Works Consulted Clurman, Harold. Ibsen. New York: Macmillan. 1977 Ibsen, Henrik. Four Major Plays. New York: Oxford University Press, 1998 Shaw, Bernard. "A Doll's House Again."   Twentieth-Century Literary Criticism.   Detroit: Gale Research Inc., 1979. Templeton, Joan. "The Doll House Backlash: Criticism, Feminism, and Ibsen." PMLA (January 1989): 28-40. A Feminist Perspective of A Doll's House Essay -- Feminism Feminist Wo A Feminist Perspective of A Doll's House In "A Doll's House", Ibsen portrays the bleak picture of a role held by women of all economic classes that is sacrificial. The female characters in the play back-up Nora's assertion that even though men are unable to sacrifice their integrity, "hundreds of thousands of woman have." Mrs. Linde found it necessary to abandon Krogstad, her true but poor love, and marry a richer man in order to support her mother and two brothers. The nanny has to abandon her children to support herself by working for Nora. Though Nora is economically advantaged, in comparison to the other female characters, she leads a hard life because society dictates that Torvald be the marriages dominant member. Torvald condescends Nora and inadvertently forces Nora to hide the loan from him. Nora knows that Torvald could never accept the idea that his wife, or any other woman, could aid in saving his life. At the beginning of "A Doll's House", Nora seems completely happy. She responds to Torvald's teasing, relishes in the excitement of his new job, and takes pleasure in the company of her children and friends. Nora never appears to disagree with her doll-like existence, in which she is cuddled, pampered and patronized. As the play progresses, Nora's true character appears and proves that she is more than just a "silly girl" as Torvald calls her. Her understanding of the business details related to the dept she incurred in taking out a loan to help Torvald's health shows her intelligence and her abilities beyond being merely a wife. The secret labor she undertakes to pay off her dept demonstrates her determination and ambition. In addition, her willingness to break the law in order to aid her... ...dlike mentality and needs to grow before she can raise her own children. Her defiance of Torvald, when he refuses to let her leave, reflects her epiphany that she isn't obligated to let Torvald dictate her actions. The height of Nora's realization comes when she tells Torvald that her duty to herself is as strong as her duty as a wife and mother. She now sees that she is a human being before she is a wife and mother and she owes herself to explore her personality, ambitions, and beliefs. Works Consulted Clurman, Harold. Ibsen. New York: Macmillan. 1977 Ibsen, Henrik. Four Major Plays. New York: Oxford University Press, 1998 Shaw, Bernard. "A Doll's House Again."   Twentieth-Century Literary Criticism.   Detroit: Gale Research Inc., 1979. Templeton, Joan. "The Doll House Backlash: Criticism, Feminism, and Ibsen." PMLA (January 1989): 28-40.

An Analysis on Information Technologies: Fahrenheit 451 :: essays research papers

The idea of a controlling society set in the future is not a foreign concept to the realms of science-fiction. Technology is often utilized in these stories to control the populace under one vision of a perfect world. In George Orwell’s acclaimed novel 1984, the government of Oceania used “telescreens'; that displayed propaganda and censored news in addition to their role as cameras which relayed information back to the Ministry of Love. This constant surveillance provided assurance that the citizens put the needs of the state before themselves. In Phillip K. Dick’s Do Androids Dream of Electric Sheep?, the police precinct of Los Angeles utilized retinal scanning machines to determine the sincerity of the person’s thoughts during routine lie detector tests. These measures perpetuated that the dream of only socially accepted, pure humans holding high statuses. Even in Oshii Mamoru’s Jin-Roh, the National Security Division utilized high-tech heavily armed and armored Capital Police to annihilate non-conformists. The aid of technology assisted all of these fictitious societies in their pursuit of utopia. Ray Bradbury chose for Fahrenheit 451 to have a futuristic and technologically advanced setting to speak in outrage against the possible corruption of technology due to totalitarian abuse. Perhaps science fiction writers speak of one of the greatest fears humans possess, the masking of the truth. The ideology of the control society, deviant thought hinders progression towards a flawless civilization, supports the growth of information concealing technologies to eradicate such “dangerous thought';. The flamethrower, the instrument of terror wielded by the firemen, played the role of such a thought-concealing apparatus. Truly a device with dreaded applications, the flamethrower makes it initially appearance with: With the brass nozzle in [Montag’s] fists, with this great python spitting its venomous kerosene upon the world, the blood pounded in his head, and his hands were the hands of some amazing conductor playing all the symphonies of blazing and burning to bring down the tatters and charcoal ruins of history. (3) As Bradbury writes, in one transient moment, years of recorded chronicles can go up in flames. This single sentence embodies the principle of how the rich heritage that humanity took eras to forge can end in a foul moment because of the wicked applications of technology. In a fictional environment where this deviant practice is viewed commonplace, the citizens of adopt a similar mentality. As the fireman Captain Beatty states, “[Fire’s] real beauty is that it destroys responsibility and consequences.

Importance of good leadership for a business Essay

Leadership is the process by which an individual influences, motivates and controls the behaviour of others towards a specific set of objectives. Leadership is the composite of abilities and characteristics of an individual leader of the environment in which he operates and of the relationship developed between the leader and the led. It is very important to have good leadership for a business to succeed as employees will only follow a good leader and respond positively towards their direction. A good leader will have ability to obtain the highest quality from subordinates that they have the capacity to render. True leadership is a positive force, based on cooperation and mutual trust. A poor leader will often fail to win over staff and have problems communicating with workers. Leadership style is the way a manager takes decisions and deals with the staff. An effective leadership style is one that best compliments the organizational environment, the task to be accomplished and the pe rsonal characteristics of the people involved. There are several types of leadership styles, which are autocratic, democratic, paternalistic and laissez-faire. Body: Explanation on Autocratic style, Democratic Style, Laissez-faire and paternalistic style. The autocratic Leaders is authoritarian and assume respect for all aspect of operation. Communication is one-way with little as no scope of feedback. With autocratic style, we can identify the dictators who demand total compliances from the work-force. He demotivate staff and create frustration and fears. The work group depend on the leader and will be unable to act independently. However, the autocratic style seems efficient and essential in some situation such as police force. There is clearly chain of command with no ambiguity and so autocratic leadership produces quick decision. The democratic leader seeks the opinion of subordinates before taking final decision. However, they retain ultimate responsibilities for decision making. It is especially appropriate where experience workers need to be fully involve in their work. Participation of subordinate’s results in improve decision making, higher moral and more motivated. But consultation is time consuming and may delay acti vities. There is always the danger of losing management control and attempt to evade responsibilities. Under  Laissez-faire style leadership, group members have total freedom. The leader set down all objectives and the subordinates have clear parameters within which they should work. Once objectives have been set, subordinates are left alone to achieve objectives. This style of leadership works fine when subordinates are willing and able to accept responsibility. Under such style of management, success depend on the competence and integrity of subordinates. But workers are motivated to work. A paternalistic management style is a form of management whereby managers pay more attention to the social aspects of their employees; they are concerned with keeping them happy and motivated, and act as a sort of father figure to the employees. In such a management style, decisions are made with the best interests of the workers at heart. Conclusion: Importance of leadership Leadership is therefore crucial in motivating and inspiring the workforce so that they perform the assign task willingly and in an efficient and effective manner. Thus leadership is concern of influencing others to achieve aims and objectives. Management and leadership skills are needed in every industry and every walk of life. It is essential therefore for new managers to be provided with opportunities to learn how to manage and lead people.

A Girl Like Me: The Gwen Araujo Story Movie Essay

Is it characters, the storyline, or overall message that makes a movie great? There have been numerous movies made, but just a few have had a sincere impact on people. A Girl Like Me: The Gwen Araujo Story did just that. It is about a transgender teenage and his amazing journey to self discovery to live life as a woman. It is a true based television movie the premiere in 2006 on Lifetime Movie Network. It is starring JD Pardo as the main character Eddie/Gwen Araujo and Mercedes Ruehl as his mother Sylvia Guerrero. This true based movie works, because it keeps the view’s attention up to the end. The movie begins with Eddie, his mother, and sibling movies into a new house after his mother left his abusive father. Eddie and his family attend his grandfather’s birthday party where Eddie is dress in his sister’s pink party dress by his sister and cousins then present to his family to see. As a child Eddie likes to play dress-up by wearing his mother’s clothes and lip. His strange habits worry her mother, so she has him checked out by a doctor that tells her Eddie is fine. In high school Eddie decides to become Gwen by dressing like a girl, growing his hair, and wearing make-up. Gwen tells his mother that he is spending the night at his best friends, but instead he go to a party. His best friend calls his phone, which his mother answers to discover that Gwen never showed up at her house. The police find Gwen’s body buried in the wilderness wrapped in a shower curtain, which they then inform his family. Gwen was strangled to death with a rope by four yo ung men after they discover that she was a male. The movie ends with Gwen’s murders facing trial for the horrible crime they committed and becoming sentence. On the whole, the film remains a story of a young man who wishes to live life as a woman in world. The movie is completely overflowing with scenes that are uplifting and tear-jerking. An excellent cast of actors helps A Girl Like Me: The Gwen Araujo Story achieve its success. Gwen’s story allows the viewers to see that even though we live in a modern society there are still somethings people consider something be wrong. Some people feel that being gay or transgender is wrong based on the up bring and religious beliefs. This movie helps get the message across that being transgender is a condition that someone is born. A Girl Like Me: The Gwen Araujo Story is an excellent movie. If you like movies with drama and realism than A Girl Like Me: The Gwen Araujo Story is the film for you. During the movie, viewers gain an understanding of transgender people and issues they face in their daily lives. A Girl Like Me: The Gwen Araujo Story, a moving drama about a young man’s courage to make a daring decision to live as a girl and face the world. In today’s modern society there are individuals that still deal with being transgender on a daily basis. If a tragedy like Gwen’s was to occur again, there are now stricter laws on punishment for it. If a hate crime is committed, which none of Gwen’s murders were charged with would end in serious jail time. No one deserves to be killed, because of his or her race, sexuality, or religion. The movie tells viewers that tolerance is the crucial asset for the 21st century and it has got no room for anything else.

Contract Law

Introduction In today’s economic climate businesses often exert commercial pressure during contract negotiation stages. This is a normal part of the process and parties to a contract generally know when pressure being exerted is lawful. Although there is a difference between commercial negotiation and illegitimate pressure, it is often difficult to distinguish between the two. Furthermore, because economic duress can arise from pressure that is not in itself unlawful, parties may be unaware that the pressure they are subjecting a party to a contract is actually economic duress. Despite this, if a court finds that one party to a contract has exerted illegitimate pressure on another party, the innocent party may be able to establish a claim of economic duress. Given how uncertain the economy is at present, hard bargaining is a common form of negotiation, though it is vital that businesses are aware of the risks when exerting pressure that is likely to be deemed illegitimate. It is unclear ho w this distinction can be made, nonetheless, which suggests that further clarity is needed within this area. This study intends to explain the developments that have taken place in the doctrine of economic duress and why the courts perceived a need for a more robust approach in light of the Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 case. Duress Duress is a common law defence that allows a contract to be set aside in instances where one party has been subjected to force or pressure from the other party to enter into the contract. Duress has been defined as â€Å"making someone do something against his will, or making someone perform an illegal act, by using threats, coercion or other illicit means† (Dictionary, 2014: 1). Duress is basically the use of unlawful means to force another to perform an act by either threatening them or performing an act of violence. The party claiming duress will be required to show that they did not have a choice but to enter into the contract (Cserne, 2009: 57). Economic duress, on the other hand, is a fairly new phenomenon that is becoming an important tool for determining whether a contract that has been entered into is enforceable or not. Economic duress happens when a person’s economic interests are damaged from being forced or coerced into entering into a contract. This type o f duress has been defined as the â€Å"unlawful use of economic pressure and/or threats intended to overcome the free will of a person, in order to force him or her to an involuntary agreement or to do something that he or she would not otherwise do† (Business Dictionary, 2014, 1). Economic duress is essentially a contract law defence that allows a person to dispute the formation of a binding contract by arguing that that they were forced to enter into the contract. Previously, parties to a contract could only rely on the doctrine of consideration for protection when they were being subjected to economic duress. Consideration is the price that one party will pay for another party’s promise (Card et al; 2003: 63); Collins v Godefroy (1831) 1 B&Ad 950. The doctrine of consideration does not allow parties in a contract to insist on further payments to perform tasks they are already required to perform under the contract simply because they are in a stronger bargaining pos ition; Stilk v Myrick (1809) 2 Camp 317. Economic Duress and Commercial Pressure It is now widely accepted by the courts that undue commercial pressure can amount to duress. The doctrine of economic duress has evolved significantly from various trade union decisions including; Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 and Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152. In The Universe Sentinel, a trade union, which had blacklisted a ship, forced the owner to provide payment before they would remove the ship from the black list. As there would have been disastrous consequences if the ship could not sail, the owner made the payment. Because the ship owner had no other practical choice but to make the payment, he later brought a successful claim for the recovery of the money by establishing economic duress. Similarly, in The Evia Luck a trade union insisted that a ship owner signed various contractual documents so that his ship could sail, which was fou nd by the court to be a form of economic duress. In order to make an economic duress claim, there are a number of elements the claimant will need to be established. These are; a) that the pressure was illegitimate; b) that the pressure was a significant cause that induced the claimant to enter into the contract; and c) that the practical effect of the pressures means that the claimant has no other choice but to enter into the contract (Ohrenstein, 2013: 2). The claimant will be entitled to avoid the contract and claim restitution of any monies that have been paid under it if these elements can be established. In deciding what amount to illegitimate pressure, the court will take a range of factors into account. For example, in DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 it was made clear that the court will be required to consider whether the breach of contract was an actual or threatened breach; whether the person whom exerts the pressure has acted in good or bad faith; whether the claimant had any real or practical alternative but to give in to the pressure; whether the claimant protested at the time; and whether the claimant sought to rely on the contract. One of the most successful forms of economic duress is a threat to breach a contract. In Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 charterers of two ships threatened to break their charterparties by refusing to pay the agreed charter rate if the rate was not lowered. The owners of the ships had been informed that the charterers had no substantial assets and that the charterers would otherwise go into liquidation if the charter rates were not lowered. This information was not actually true but it caused the owners to reduce the rates nevertheless. It was found that economic duress could apply to this situation as all of the relevant factors were present. Since this decision, the courts seem to have accepted that economic duress is coercive and therefore worthy of the same relief as duress to the person or property (Chen-Wishart, 2012: 316). In spite of this, the practical application of economic duress has been subject to much confusion and it has been questioned when, if ever, renegotiations should be enforced. It would seem, under the doctrine of consideration, that renegotiations can never be enforced on the basis that â€Å"no additional consideration supports the promise to pay more or accept less† (Chen-Wishart, 2012: 316). Under the promissory estoppel doctrine, the promise to pay the same for less can be enforced in limited circumstances, though this does not apply if illegitimate pressure has been exerted. Therefore, if it can be demonstrated that illegitimate pressure has been applied to the renegotiation of a contract, that contract will not be enforceable. Because commercial contracts are extremely competitive, it is likely to be the case that some form of pressure will always be applied. Though the question to be determined is whether the pressure that has been applied is legitimate or not. This is l ikely to be extremely problematic and thus cause a great deal of complexity for the courts. As exemplified in the cases above, threats to blacklist a ship and refuse its release may constitute duress. Further examples of where economic duress has occurred can be seen in the cases of North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 and Pao On v Lau Yiu Long [1979] UKPC 17 where threats to terminate a contract in the absence of a renegotiation is also illegitimate unless it can be legally justified. What will be deemed â€Å"legally justified† is largely a matter to be determined based upon individual facts and circumstances, though there is likely to remain a lot of confliction in this area. In Williams v Roffey Brothers Ltd [1991] EWCA Civ 5 the Stilk case was severely limited by the courts. Here, the consideration requirement was extended to include â€Å"practical benefits† and thereby covered the promise to perform an existing contract. Here, a number of contractors promised to refurbish 27 flats with a sub-contractor performing the carpentry. Before the flats were finished, the sub-contractor realised that he had under-priced the contract and was resultantly facing financial difficulty. The main contractors offered the sub-contractor a financial inducement to finish the contract on time. It is trite law that consideration is needed for a party to that contract to be able to sue on it. Since the sub-contractor was doing no more than he was already bound to do under the contract, consideration was lacking. Surprisingly, it was held by the court that because the contractors had received a benefit from the sub-contractor, in that they avoided the penalty clause of the main contract, the sub-contractors claim was successful. This did not mean that consideration was present as the benefit did not move from the promisee, although there was a clear departure from the orthodox principle of consideration principle. The doctr ine of consideration maintains that a contract will not be supported by the performance of an existing duty unless that duty exists by virtue of a third party contract (Noble, 1991: 141). This decision conflicts with the decision in Stilk which demonstrated that consideration needs to be of economic value to be deemed good consideration and that it needs to move from the promise as also shown in; White v Bluett (1853) 23 LJ Ex 36; Thomas v Thomas (1842) 2 QB 851; Shadwell v Shadwell (1860) 9 CBNS 159; and Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295). It has also been argued by Cheshire et al; that; â€Å"the time has come to recognise formally the alternative definition of consideration and admit that the rationale behind the refusal to enforce some types of consideration is pure policy† (Cheshire et al; 2012; 77). Arguably, it appears that the consideration principle is rather outmoded and in need of reform so that a more robust approach to economic duress can be taken by the courts. At present, much confusion arises as to when economic duress can be used as a defence. Judges thus need to err on the side of caution to prevent commercial pressure being mistaken for economic duress and vice versa. Still, as stressed by the court in Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481; â€Å"the list of matters to be considered in assessing legitimacy is not exhaustive, and the weight to be attached to each of them will depend on the facts of the individual case.† Furthermore, it was also stated in the case that the decision to be made will involve some element of value judgement when considering whether the pressure that was exerted on the claimant crossed the line from that which must be accepted in normal robust commercial bargaining. It is clear from the decision in this case that the courts have made some attempts to provide clarity in this area and that each case will be decided on its own facts. In the more recent case of Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 it was evidenced that a contract variation between a supplier and a customer will unlikely amount to duress if the supplier is unable to perform a contract as a result of financial difficulties that will cause the supplier to become insolvent. Another problem that arises when it comes to economic duress is whether lawful conduct can amount to illegitimate pressure. Whilst it is possible, it is also extremely rare as shown in CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19; GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) and Wright v HSBC Bank plc [2006] EWHC 930 QB. Consequently, economic duress will continue to pose many problems as there will always be a debate as to whether particular circumstances may or may not give rise to a claim for economic duress. Because of the uncertainty within this area, it is evident that a more robust approach needs to be taken so that greater clarity and consistency can be provided. Economic duress has also been criticised for being causation-led, thereby meaning that a lack of causation will prevent a successful claim from being made. In Pao On v Lau Yiu Long [1979] UKPC 2 it was pointed out by Lord Scarman that in deciding whether causation was present, it will need to be considered whether the claimant; a) protested; b) had a practical alternative open to him; c) received independent advice; and d) acted promptly. This decision has been criticised for being inconclusive and failing to take into account the fact that claimants may not think that there is any point in protesting. This was recognised by Chen-Wis hart when it was argued that; â€Å"these factors are inconclusive. The victim may not protest because he sees no point in it or he may not wish to antagonise the coercing party whose performance he needs† (Chen-Wishart, 2012: 318). It is clear that the facts and circumstances of each case will be the determining factor as to whether the claimant has suffered economic duress or not. Because of the uncertainty that exists in this area, however, it is often difficult for those entering into commercial contracts to acknowledge that they are exerting pressure that is considered illegitimate, especially when there is a possibility that lawful pressure will also be capable of amounting to economic duress. As a result of this, Young warns against exerting commercial pressure that the courts may possibly consider economic duress: â€Å"Abusing your upper hand can leave the strong open to claims† (Young, 2012: 23). Conclusion Overall, whilst the doctrine of duress is well established in English law, the doctrine of economic duress still remains largely uncertain. This generally arises from the difficulty of distinguishing between legitimate and illegitimate economic duress. As such, it is up to the courts to decide when a person’s economic interests have been damaged from being forced or coerced into entering into a contract. Hence, the court will be required to consider whether the re-negotiation of the terms of the contract were lawful and whether the person being subjected to the economic duress, should be entitled to rescind the contract that they entered into. This is an important defence in ensuring that parties to a contract have equal bargaining power. Nevertheless, the practical application of economic duress has been subject to much confusion over the years, which may result from the reasoning that has been provided by the courts. There appears to be a lack of consistency that is being pr ovided, which highlights the need for future reform to this area. Whilst there is a difference between commercial negotiation and illegitimate pressure, it has proven extremely difficult to distinguish between the two, especially since lawful conduct can also amount to illegitimate pressure. In order to provide clarity to this area, it seems as though a more robust approach is therefore needed by the courts. References Business Dictionary. (2014) Economic Duress, [Online] Available: http://www.businessdictionary.com/definition/economic-duress.html [07 July 2014]. Card, R. Murdoch, J. and Murdoch, S. (2003) Estate Management Law, OUP, 6th Edition. Carr, N. (2011) Walking the Line – The Balance Between Legitimate Negotiation and Economic Duress, Available [Online]: [07 July 2014]. Chen-Wishart, M. (2012) Contract Law, Oxford University Press. Cserne, P. (2009) Duress in Contracts: An Economic Analysis, Contract Law and Economics, Volume 6, 2nd Edition. Furmston, M. P. Cheshire, G C. and Fifoot, C H. (2012) Cheshire, Fifoot and Furmston’s Law of Contract, Oxford University Press: London. Dictionary. (2014) Duress, [Online], Available: http://www.yourdictionary.com/duress [07 July 2014]. Noble, M. (1991) For Your Consideration, New Law Journal, Volume 141, Issue 1529. Ohrenstein, D. (2013) Key Developments in Contract Law: Economic Duress, Radcliffe Chambers, [Online] Available: http://www.radcliffechambers.com/media/Misc_Articles/Key_Developments_in_Contract_Law_-_Economic_Duress_2013.pdf [07 July 2014]. Young, A. (2012) When Pressure Turns to Duress, Construction Law Journal, Volume 23, Issue 5. Cases Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481 Collins v Godefroy (1831) 1 B&Ad 950 CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19 Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152 DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 Pao On v Lau Yiu Long [1979] UKPC 17 Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295) Shadwell v Shadwell (1860) 9 CBNS 159 Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 Stilk v Myrick (1809) 2 Camp 317 Thomas v Thomas (1842) 2 QB 851 Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 White v Bluett (1853) 23 LJ Ex 36 Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 Wright v HSBC Bank plc [2006] EWHC 930 QB Contract Law Introduction In today’s economic climate businesses often exert commercial pressure during contract negotiation stages. This is a normal part of the process and parties to a contract generally know when pressure being exerted is lawful. Although there is a difference between commercial negotiation and illegitimate pressure, it is often difficult to distinguish between the two. Furthermore, because economic duress can arise from pressure that is not in itself unlawful, parties may be unaware that the pressure they are subjecting a party to a contract is actually economic duress. Despite this, if a court finds that one party to a contract has exerted illegitimate pressure on another party, the innocent party may be able to establish a claim of economic duress. Given how uncertain the economy is at present, hard bargaining is a common form of negotiation, though it is vital that businesses are aware of the risks when exerting pressure that is likely to be deemed illegitimate. It is unclear ho w this distinction can be made, nonetheless, which suggests that further clarity is needed within this area. This study intends to explain the developments that have taken place in the doctrine of economic duress and why the courts perceived a need for a more robust approach in light of the Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 case. Duress Duress is a common law defence that allows a contract to be set aside in instances where one party has been subjected to force or pressure from the other party to enter into the contract. Duress has been defined as â€Å"making someone do something against his will, or making someone perform an illegal act, by using threats, coercion or other illicit means† (Dictionary, 2014: 1). Duress is basically the use of unlawful means to force another to perform an act by either threatening them or performing an act of violence. The party claiming duress will be required to show that they did not have a choice but to enter into the contract (Cserne, 2009: 57). Economic duress, on the other hand, is a fairly new phenomenon that is becoming an important tool for determining whether a contract that has been entered into is enforceable or not. Economic duress happens when a person’s economic interests are damaged from being forced or coerced into entering into a contract. This type o f duress has been defined as the â€Å"unlawful use of economic pressure and/or threats intended to overcome the free will of a person, in order to force him or her to an involuntary agreement or to do something that he or she would not otherwise do† (Business Dictionary, 2014, 1). Economic duress is essentially a contract law defence that allows a person to dispute the formation of a binding contract by arguing that that they were forced to enter into the contract. Previously, parties to a contract could only rely on the doctrine of consideration for protection when they were being subjected to economic duress. Consideration is the price that one party will pay for another party’s promise (Card et al; 2003: 63); Collins v Godefroy (1831) 1 B&Ad 950. The doctrine of consideration does not allow parties in a contract to insist on further payments to perform tasks they are already required to perform under the contract simply because they are in a stronger bargaining pos ition; Stilk v Myrick (1809) 2 Camp 317. Economic Duress and Commercial Pressure It is now widely accepted by the courts that undue commercial pressure can amount to duress. The doctrine of economic duress has evolved significantly from various trade union decisions including; Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 and Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152. In The Universe Sentinel, a trade union, which had blacklisted a ship, forced the owner to provide payment before they would remove the ship from the black list. As there would have been disastrous consequences if the ship could not sail, the owner made the payment. Because the ship owner had no other practical choice but to make the payment, he later brought a successful claim for the recovery of the money by establishing economic duress. Similarly, in The Evia Luck a trade union insisted that a ship owner signed various contractual documents so that his ship could sail, which was fou nd by the court to be a form of economic duress. In order to make an economic duress claim, there are a number of elements the claimant will need to be established. These are; a) that the pressure was illegitimate; b) that the pressure was a significant cause that induced the claimant to enter into the contract; and c) that the practical effect of the pressures means that the claimant has no other choice but to enter into the contract (Ohrenstein, 2013: 2). The claimant will be entitled to avoid the contract and claim restitution of any monies that have been paid under it if these elements can be established. In deciding what amount to illegitimate pressure, the court will take a range of factors into account. For example, in DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 it was made clear that the court will be required to consider whether the breach of contract was an actual or threatened breach; whether the person whom exerts the pressure has acted in good or bad faith; whether the claimant had any real or practical alternative but to give in to the pressure; whether the claimant protested at the time; and whether the claimant sought to rely on the contract. One of the most successful forms of economic duress is a threat to breach a contract. In Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 charterers of two ships threatened to break their charterparties by refusing to pay the agreed charter rate if the rate was not lowered. The owners of the ships had been informed that the charterers had no substantial assets and that the charterers would otherwise go into liquidation if the charter rates were not lowered. This information was not actually true but it caused the owners to reduce the rates nevertheless. It was found that economic duress could apply to this situation as all of the relevant factors were present. Since this decision, the courts seem to have accepted that economic duress is coercive and therefore worthy of the same relief as duress to the person or property (Chen-Wishart, 2012: 316). In spite of this, the practical application of economic duress has been subject to much confusion and it has been questioned when, if ever, renegotiations should be enforced. It would seem, under the doctrine of consideration, that renegotiations can never be enforced on the basis that â€Å"no additional consideration supports the promise to pay more or accept less† (Chen-Wishart, 2012: 316). Under the promissory estoppel doctrine, the promise to pay the same for less can be enforced in limited circumstances, though this does not apply if illegitimate pressure has been exerted. Therefore, if it can be demonstrated that illegitimate pressure has been applied to the renegotiation of a contract, that contract will not be enforceable. Because commercial contracts are extremely competitive, it is likely to be the case that some form of pressure will always be applied. Though the question to be determined is whether the pressure that has been applied is legitimate or not. This is l ikely to be extremely problematic and thus cause a great deal of complexity for the courts. As exemplified in the cases above, threats to blacklist a ship and refuse its release may constitute duress. Further examples of where economic duress has occurred can be seen in the cases of North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 and Pao On v Lau Yiu Long [1979] UKPC 17 where threats to terminate a contract in the absence of a renegotiation is also illegitimate unless it can be legally justified. What will be deemed â€Å"legally justified† is largely a matter to be determined based upon individual facts and circumstances, though there is likely to remain a lot of confliction in this area. In Williams v Roffey Brothers Ltd [1991] EWCA Civ 5 the Stilk case was severely limited by the courts. Here, the consideration requirement was extended to include â€Å"practical benefits† and thereby covered the promise to perform an existing contract. Here, a number of contractors promised to refurbish 27 flats with a sub-contractor performing the carpentry. Before the flats were finished, the sub-contractor realised that he had under-priced the contract and was resultantly facing financial difficulty. The main contractors offered the sub-contractor a financial inducement to finish the contract on time. It is trite law that consideration is needed for a party to that contract to be able to sue on it. Since the sub-contractor was doing no more than he was already bound to do under the contract, consideration was lacking. Surprisingly, it was held by the court that because the contractors had received a benefit from the sub-contractor, in that they avoided the penalty clause of the main contract, the sub-contractors claim was successful. This did not mean that consideration was present as the benefit did not move from the promisee, although there was a clear departure from the orthodox principle of consideration principle. The doctr ine of consideration maintains that a contract will not be supported by the performance of an existing duty unless that duty exists by virtue of a third party contract (Noble, 1991: 141). This decision conflicts with the decision in Stilk which demonstrated that consideration needs to be of economic value to be deemed good consideration and that it needs to move from the promise as also shown in; White v Bluett (1853) 23 LJ Ex 36; Thomas v Thomas (1842) 2 QB 851; Shadwell v Shadwell (1860) 9 CBNS 159; and Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295). It has also been argued by Cheshire et al; that; â€Å"the time has come to recognise formally the alternative definition of consideration and admit that the rationale behind the refusal to enforce some types of consideration is pure policy† (Cheshire et al; 2012; 77). Arguably, it appears that the consideration principle is rather outmoded and in need of reform so that a more robust approach to economic duress can be taken by the courts. At present, much confusion arises as to when economic duress can be used as a defence. Judges thus need to err on the side of caution to prevent commercial pressure being mistaken for economic duress and vice versa. Still, as stressed by the court in Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481; â€Å"the list of matters to be considered in assessing legitimacy is not exhaustive, and the weight to be attached to each of them will depend on the facts of the individual case.† Furthermore, it was also stated in the case that the decision to be made will involve some element of value judgement when considering whether the pressure that was exerted on the claimant crossed the line from that which must be accepted in normal robust commercial bargaining. It is clear from the decision in this case that the courts have made some attempts to provide clarity in this area and that each case will be decided on its own facts. In the more recent case of Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 it was evidenced that a contract variation between a supplier and a customer will unlikely amount to duress if the supplier is unable to perform a contract as a result of financial difficulties that will cause the supplier to become insolvent. Another problem that arises when it comes to economic duress is whether lawful conduct can amount to illegitimate pressure. Whilst it is possible, it is also extremely rare as shown in CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19; GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) and Wright v HSBC Bank plc [2006] EWHC 930 QB. Consequently, economic duress will continue to pose many problems as there will always be a debate as to whether particular circumstances may or may not give rise to a claim for economic duress. Because of the uncertainty within this area, it is evident that a more robust approach needs to be taken so that greater clarity and consistency can be provided. Economic duress has also been criticised for being causation-led, thereby meaning that a lack of causation will prevent a successful claim from being made. In Pao On v Lau Yiu Long [1979] UKPC 2 it was pointed out by Lord Scarman that in deciding whether causation was present, it will need to be considered whether the claimant; a) protested; b) had a practical alternative open to him; c) received independent advice; and d) acted promptly. This decision has been criticised for being inconclusive and failing to take into account the fact that claimants may not think that there is any point in protesting. This was recognised by Chen-Wis hart when it was argued that; â€Å"these factors are inconclusive. The victim may not protest because he sees no point in it or he may not wish to antagonise the coercing party whose performance he needs† (Chen-Wishart, 2012: 318). It is clear that the facts and circumstances of each case will be the determining factor as to whether the claimant has suffered economic duress or not. Because of the uncertainty that exists in this area, however, it is often difficult for those entering into commercial contracts to acknowledge that they are exerting pressure that is considered illegitimate, especially when there is a possibility that lawful pressure will also be capable of amounting to economic duress. As a result of this, Young warns against exerting commercial pressure that the courts may possibly consider economic duress: â€Å"Abusing your upper hand can leave the strong open to claims† (Young, 2012: 23). Conclusion Overall, whilst the doctrine of duress is well established in English law, the doctrine of economic duress still remains largely uncertain. This generally arises from the difficulty of distinguishing between legitimate and illegitimate economic duress. As such, it is up to the courts to decide when a person’s economic interests have been damaged from being forced or coerced into entering into a contract. Hence, the court will be required to consider whether the re-negotiation of the terms of the contract were lawful and whether the person being subjected to the economic duress, should be entitled to rescind the contract that they entered into. This is an important defence in ensuring that parties to a contract have equal bargaining power. Nevertheless, the practical application of economic duress has been subject to much confusion over the years, which may result from the reasoning that has been provided by the courts. There appears to be a lack of consistency that is being pr ovided, which highlights the need for future reform to this area. Whilst there is a difference between commercial negotiation and illegitimate pressure, it has proven extremely difficult to distinguish between the two, especially since lawful conduct can also amount to illegitimate pressure. In order to provide clarity to this area, it seems as though a more robust approach is therefore needed by the courts. References Business Dictionary. (2014) Economic Duress, [Online] Available: http://www.businessdictionary.com/definition/economic-duress.html [07 July 2014]. Card, R. Murdoch, J. and Murdoch, S. (2003) Estate Management Law, OUP, 6th Edition. Carr, N. (2011) Walking the Line – The Balance Between Legitimate Negotiation and Economic Duress, Available [Online]: [07 July 2014]. Chen-Wishart, M. (2012) Contract Law, Oxford University Press. Cserne, P. (2009) Duress in Contracts: An Economic Analysis, Contract Law and Economics, Volume 6, 2nd Edition. Furmston, M. P. Cheshire, G C. and Fifoot, C H. (2012) Cheshire, Fifoot and Furmston’s Law of Contract, Oxford University Press: London. Dictionary. (2014) Duress, [Online], Available: http://www.yourdictionary.com/duress [07 July 2014]. Noble, M. (1991) For Your Consideration, New Law Journal, Volume 141, Issue 1529. Ohrenstein, D. (2013) Key Developments in Contract Law: Economic Duress, Radcliffe Chambers, [Online] Available: http://www.radcliffechambers.com/media/Misc_Articles/Key_Developments_in_Contract_Law_-_Economic_Duress_2013.pdf [07 July 2014]. Young, A. (2012) When Pressure Turns to Duress, Construction Law Journal, Volume 23, Issue 5. Cases Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481 Collins v Godefroy (1831) 1 B&Ad 950 CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19 Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152 DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 Pao On v Lau Yiu Long [1979] UKPC 17 Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295) Shadwell v Shadwell (1860) 9 CBNS 159 Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 Stilk v Myrick (1809) 2 Camp 317 Thomas v Thomas (1842) 2 QB 851 Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 White v Bluett (1853) 23 LJ Ex 36 Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 Wright v HSBC Bank plc [2006] EWHC 930 QB