Tuesday, December 31, 2019

New York During The 1920s - 1310 Words

Growing up in Harlem, New York during the 1920’s and 30’s, James Baldwin was a young Black man desperate for a place of acceptance. Surrounded by drugs and prostitution Baldwin saw a change in his neighborhood and his friends as they got older. With his friends beginning to drink and smoke Baldwin knew times were changing. He became very aware of the bodily development of the girls and the boys around him, to his surprise, he was even more enticed by the changes in the boys (Baldwin 17). During this time, Baldwin and his friends would begin to experience the racism that White America had to offer. No longer shielded by their age or naivety they had to face the fact that they were not accepted because of their skin color. With this†¦show more content†¦During the summer while surrounded by gangs and pimps, Baldwin quickly found himself diving into the Christian faith in order to find safety. Every day walking down the streets of Harlem, Baldwin found himself fi ghting off the pressures of succumbing to the terrible conditions around him. Everyday he sees someone new disappearing and going off to prison; he refused to be another Black prison story. One day, his friend takes him to church because of his fears for Baldwin’s salvation. Immediately Baldwin is caught off guard by the female Pastor and all of her power in the community. She asks him, â€Å"Whose little boy are you?† (Baldwin 28). This simple question gives Baldwin flashbacks to all the pimps and racketeers who have accosted him in the past. Baldwin, feeling a spiritual seduction replies with â€Å"Why, yours†. It appears they all knew that Baldwin wanted to desperately to be â€Å"somebody’s little boy† (28). Although he had a family he never felt comfortable or accepted; he wanted and felt that the world could offer more than his family did. The deeper Baldwin got into Christianity, he realized that the religion was not one for him. This was Ba ldwin’s first step in Maslow’s self actualization, he was asking himself questions like, how his life got to this hateful place?

Monday, December 23, 2019

Nonverbal Communication The Method Of Encoding And Decoding

Nonverbal communication consists of the method of encoding and decoding. Encoding is the act of producing the communication using gestures, facial expressions, and posture. Decoding is the process of receiving the information and how the individual processes that information based on their previous experiences. Culture plays a significant role that helps the way learning activities are organized. Nonverbal communication consists of visual cues such as kinesics, proxemics, paralanguage, and haptics. It could also include chronemics (the use of time) and oculesics (the action of looking, regularity of glances, eye contact and actions of looking, blink rate, pupil dilation, and patterns of fixation. It can be categorized into three principles: environment where the communication takes place, physical characteristics of the communicators, and the behaviors of the communicators during the interaction. In 1967 Watzlawick, Beavin, and Jackson, in their seminal book Pragmatics of Human Communication, lay out an axiom, â€Å"You cannot not communicate.† We can never turn off nonverbal communication. Often nonverbal messages can be misunderstood and the messages can be intentional or unintentional. People send messages without being aware and may not want to make an impression on another individual. Communication always happens whether people are talking or not. Before some even begins speaking, information about the physiology, psychology, biology of the individual is discovered. W.Show MoreRelatedCommunication Styles Between Men And Women1522 Words   |  7 PagesUnsuccessful communication plays a vital role in the failure of many marriages and relationships. Communication is key in all relationships and can lead to the success or failure of a marriage, depending on how the couple interacts. This effectiveness of communication is connected to the overall satisfaction of married couples. Learning more about the differences in communication styles between men and women will aid in the successful sending and receiving of messages, both verbal and nonverbal. ForRead MoreCommunication Styles Between Men And Women Essay1528 Words   |  7 PagesThe communication styles differences between men and women have been a strong topic of interest in the research world for centuries. These differences have led to miscommunication, conflict, and even dissatisfaction between couples throughout the world. The study analyzes this communication styles within couples, more specifically among married couples. It has questioned how differences in communication styles between this married couples married five years or less affect marital satisfaction. ThisRead MoreThe Components Of The Communication Process1612 Words   |  7 PagesAbstract Communication is extremely important to the success of an organization. The communication process identifies ways to exchange information, plans, ideas and reports. In a business place communication is how employees receive tasks and job expectations through management. This research study outlines the components of the communication process. The findings in this context will also explain the different types of communication. Verbal, written, nonverbal and visual communication is examinedRead MoreThe Different Methods Of Communication1073 Words   |  5 PagesIn general, there are two different methods of communication. First, verbal messages occur face to face, by telephone, in writing and via computer assistance (Payne). The second method is nonverbal messages which occur through the use of facial expressions, tone of voice, physical gestures and distance/touching and the use of silence. Nonverbal communication is arguably the most complex method of communication. For example, we often gesture with our hand and fingers the â€Å"A-OK† (Figure 4). UnfortunatelyRead MoreCommunication Is A Basic Life Skill1269 Words   |  6 Pages According to Severi, C. (2013), â€Å"Communication involves an understanding of the intentions of someone, and it leads to the acquisition of new knowledge (not only to the repetition of the task)†. Communication is important to an organization because it enables the employees to build a mutual understanding which enables them to work as a team and increase productivity. The author Dai, Y. pointed out that McKay claims, Communication is a basic life skill, as important as the skills by whichRead MoreHow Cultural Psychology Impacts Nonverbal Communication1943 Words   |  8 PagesHow Cultural Psychology Impacts Nonverbal Communication How we communicate directly impacts how we express ourselves to the world around us. Verbal communication is key in understanding our world and expressing our own feelings and beliefs to that world. Yet, verbal communication is not the only form of communication we encounter on a daily basis. In fact, nonverbal communication also plays an important role in expressing emotions, beliefs, and can even reinforce social ranking and statuses.Read MoreRelevance Of The Communication Cycle For Effective Communication In Management EM2921 Words   |  12 Pagesï » ¿Relevance of the communication cycle for effective communication in management The success of any organisation depends on efficient and effective communications, it is important for building and maintaining personal and working relationships within the organisation and with service providers and customers. The ability to express an idea is well-nigh as important as the idea itself. – American businessman, Bernard Baruch Effective communications is essential to facilitate effective exchange of informationRead MoreCultural diversity is defined as the cultural variety and cultural differences that exist in the600 Words   |  3 Pagesconnected by that difference through understanding, acceptance and communication. Some of the ways and or strategies that cultural competence can be developed in the workplace include educational methods such as on the job sensitivity training, conferences and seminars, which serve to perpetuate awareness. Employees must also be encouraged and motivated to abandon fears and prejudice views that they may have. I also believe that communication is paramount not only in our personal lives but in our professionalRead MoreTaking a Look at the Communication Process1390 Words   |  6 PagesThe Communication Process The term ‘communication’ originates from the Latin word communicare, which means to share or impart. Communication is a crucial part of everyone’s daily routine. Communication is a process that engages at least two peoples: sender and receiver and continuously takes places in every field including education field, medical field, tourism field, business field and so forth. Communication plays an important role in establishing ideas, needs and concerns later to start a commonRead MoreWhat Are Nonverbal Communication?1799 Words   |  8 Pagesmost of all communication settings, and being concerned with all parts of the communication process. One of the most valuable parts of the communication process, is learning and understanding nonverbal communication. This silent form of communication needs to be mastered by all people wanting to become a communicator or a leader in a ministry. Loving well is a principle established by being able to communicate and relate to pe ople. Part of this is learning how to read the nonverbals of another person

Sunday, December 15, 2019

Measuring Socialism in America Free Essays

Which of the two countries is more socialist, Canada or the United States of America? It must first be state that neither Canada nor the USA is considered a socialist state. For the purpose of this project, a socialist state would be one such as Greece was until the early 1990†³s; a country where the state owns all forms of companies and/or businesses and offers practically every type of social service known to modern governments. Since none of the two North American countries that will be featured in this paper can accurately compare to the bove description, the paper will simply attempt to determine which of the two has a higher degree of socialism when matched against each other following a Before going any further, let†s view the conceptual definitions to the key elements of this paper. We will write a custom essay sample on Measuring Socialism in America or any similar topic only for you Order Now Socialism, as referred to throughout the text, can be defined as follows: any of various social or political theories or movements in which the common welfare is to be achieved through the establishment of a socialist economic system. A socialist economic system can be defined as an economic structure in which the community owns the means of production, istribution, and exchange collectively, and the benefits are distributed to all members of that community. In this economic layout the people will run the government in a highly democratic fashion . Having established what socialism is, let†s move on to the research question, or hypothesis. It is assumed that Canada will have a higher lever of socialism than the United States of America based on its higher level of taxation and its apparently more developed social services system. The research question is therefore: is Canada truly more socialist than the United States of America? The variables that will be used to measure socialism are the level of democracy; social services offered; the minimization of social classes; and finally, the collective ownership of factories, corporation, and companies. According to the conceptual definition given earlier, a socialist country must be highly democratic. We must then find data that would help indicate the variable of democracy. What makes a country democratic? The representation and support of diverse political views as well as a high level of public participation in political decisions are two social characteristics that would ndicate a high level of democracy. To measure the representation and support of diverse political views, let†s examine the different popular political parties in both Canada and the United States of America. According to the network CNN , in the latest US federal election which took place in November 2000, three political parties could be said to have garnered enough public support to be considered important. After the tally of 99 percent of precincts, the Democratic Party stood at 49 percent of public support, the Republican Party at 48 percent, and the Green Party accumulated enough votes to have 3 percent of all votes. No other party received a single percent of all votes. There is also a federal election being held in Canada this month, and the nation will vote on November 27th. According to the latest Reuters/Zogby Research Canada poll , the Liberal Party holds the lead with an approximate 42 percent of public support, followed by the Canadian Alliance, which polled 29 percent, the Progressive Conservative Party holds 12 percent support, the Neo-Democratic Party has 7 percent and finally, the Bloc Quebecois holds 8 percent of public support. Canada therefore has five important political parties, all of which hold more public support than the United States† third important party. However, it would be incorrect to assume that Canada is more democratic than the USA by simply counting the number of political parties. Let†s instead look at how many political views are represented in both countries. In the USA, the Democratic Party can be said to be mostly left of the center on the â€Å"left/right† line, the Republicans would be mostly right of the center, and the Green Party would be considered to represent fairly left political views. If we place the political parties in Canada on the same left/right line according to the views they represent, we see that many more views are covered. The Neo-Democratic Party can be labeled as a far-left party, the Liberal Party and the Bloc Quebecois would be considered left-of-the-middle parties, while the Progressive Conservatives are right of the center and the Canadian Alliance (formerly the Reform Party) represents far-right views. It is evident that once the political views of the parties are exposed, Canada seems to have the edge over the USA when it comes to Let†s now take a look at the second variable that will be used to compare the degree of democracy between Canada and the USA: a high level of public participation in political decisions. To measure this variable, we will look at the number of public representatives who are elected by the population. At the municipal level in the USA, according to the City of St-Louis Board of Elections , the population elects a mayor, a comptroller, a President of the Board of Aldermen, the members of the Board of Aldermen (councilors) and school board members. At the state and federal levels, as maintained by the North Carolina Board of Elections , the population of North Carolina elects members of the US House of Representatives (In North Carolina,12 members are elected), associate Justices of the Supreme Court (2), Judges of the Court of Appeals (5), District Attorneys (37), Judges of District Court (87), members of State Senate (50), members of the State House of Representatives (120), Judges of Supreme Court (Non Partisan) (31), local County Commissioners ( 5), a President and Vice-President, a Governor, a Lieutenant Governor, an Attorney General, an Auditor, a Commissioner of Agriculture, a Commissioner of Insurance, Commissioner of Labor, Secretary of State, a Superintendent of Public Instruction, a Treasurer, a Chief Justice of NC Supreme Court and an Associate Justice of NC Supreme Court. In Canada, at the local level elections are similar. According to Elections Canada the public elects a Mayor, Councilors and School Board members, but no comptroller and no President of the Board of Aldermen, such as is the case in the United States. At the Provincial Level, according to the Government of Ontario , the population elects Members of the Provincial Government (Legislative Assembly) (In Ontario, 103 members are elected), and a Premier. Contrary to the USA, the population does not elect the Lieutenant Governor, the Attorney General, the Auditor, nor any secretaries, superintendents, treasurers, ministers, Chief Justices, Judges or District Attorneys; these positions are awarded by the governing Premier and his Cabinet. The same pattern exists at the federal level. In accordance with the Government of Canada , the Canadian population elects a Prime Minister and members of the House of Commons (In Canada, there are 301 members). Again, there is a stark contrast with the American political ! stem, as Canadians do not elect members of the Supreme Court, or even Senators. When we count the number of representatives who are elected by the population, it seems that the American political system is more democratic than the Canadian system, as it is clear that many important positions are chosen by the people in America and by the politicians in Canada. It is important however to note that the men and women who hold the most power of all in both countries, the members of cabinet, are named by the leading politician. In Canada these people must be chosen from the Legislative Assembly at the provincial level, and the House of Commons at the federal, therefore they were elected to represent the population . However, in the US the Governors and President may choose whomever they please as their cabinet , whether they were elected or not. Despite the previous fact, when looking at the democracy variable as a whole it must be acknowledged that the US is at least as democratic as Canada, therefore the first variable must be considered void. Let†s now move on to the second variable, well-established social services system. For a state to be deemed socialist, it must offer numerous social services to its people, free of charge. Lets begin by examining education. The first indicator for education is the amount of years of free education that are offered by the state. Both countries offer free pre-school, elementary and secondary education through the public schooling system. (A totally socialist state would also offer free post-secondary education. ) In Canada, according to Statistics Canada , most provinces offer 14 years of free education, beginning at the age of 4 with pre-kindergarten. The only exception is Ontario, which currently offers an optional 15th year, known as the Ontario Academic Curriculum. OAC is basically a fifth year of high school, designed to prepare students for university, also acting as their first year of university. However, the Government of Ontario has passed a bill to abolish OAC ! by the year 2002. In the USA, according to the National Education Association , all states offer 15 years of public education, beginning a year earlier than in Canada, therefore offering one year of pre-school more than the provinces of their neighboring country does. It can therefore be said that the USA offers more years of free education than Canada does. But how much does the state spend on these years of education? Let†s look at the second indicator for the variable of education: the amount spent-per student per-year on education. In accordance with data from Statistics Canada , the three levels of government combined to spend an approximate 50,407,100 Canadian dollars per student for the school year of 1996-97. In that same year, Statistics Canada states that 5,065,914 students were enrolled in public schools across the country. Therefore, the state spent approximately 9,949 Canadian dollars per student. Based on the US Census Bureau†s data , all three levels of American government combined to spend an approximate 5,882 US dollars per-student for the same school year of 1996-97. In order to compare these numbers realistically, let†s convert the Canadian dollars to US dollars. In 1997, the Canadian doll! ar was worth approximately 0. 68 American dollars, therefore the Canadian government spent an approximate 6,765 American dollars per-student, compared to the US government†s approximate 5,882. The next social service to be examined is income security. It must be noted that the term â€Å"income security† does not mean exactly the same thing in both countries. In Canada, income security stands for social assistance, benefits to the elderly, employment benefits and child benefits. These services are covered by the Canadian and Quebec Pension Plans, Old Age Security, Guaranteed Income Supplement, Spouse†s Allowance, Unemployment Insurance, Children†s Financial Benefits, Social Assistance, and Worker†s Compensation. On the other hand, in the United States the term â€Å"income security† stands for disability insurance, private pensions, federal employees retirement, and disability programs. These services are offered through Food Stamps, Supplemental Security Income, and Temporary Assistance for Needy Families, Earned Income Tax Credit and Unemployment Compensation. In 1994-95, according to the Government of Canada†s overview of Income Security , the Canadian governments ! spent a total of 88,900,000,000 dollars on Income Security. When divided by the approximate population at the time, 29,500,000 people, it averages out to 3014 Canadian dollars per citizen. If that number is then multiplied that by . as the Canadian dollar was worth approximately 86 cents American at the time, we get 2050; the average spent per citizen in American dollars. The United States governments spent 257,000,000,000 dollars on Income Security in 1999, according to the Budget of The United States Government for the fiscal year 2001 . When divided by the US population in 1999, which was 272,691,000, according to the US Census Bureau , we get the amount spent per citizen on Income Security: 942 US dollars. It seems as though Canada spends more on Income Security, but it must be taken in account that the US also has what they call Social Security. The latter covers Old-Age benefits, and Survivors, and Disability Insurance. Since these services fall under the Canadian defi! nition of Social Insurance, it would only be fair to measure them under the same variable. According to the US Census Bureau, 383 billion dollars was spent on Social Security in the US in 1999. That comes out to 1405 US dollars per citizen. When added to the previous total (amount spent per US citizen on Income Security) we get a total of 2347 US dollars spent per US citizen, compared to 2050 US dollars spent per citizen in Canada. However, before declaring the United States more socialist when it comes to Income Security, we must consider the fact that the Canadian data dates back to 1994-95, almost five years younger than the American data. It must be assumed that the Canadian Government has increased its spending on Income Security since 1995, as has been the trend with all of the social services for both Canada and the US. However, we must still recognize the fact that the United States governments spend a good deal of money on these types of services and can be said to sp! end more, or perhaps only slightly less than the Canadian governments do. The final social service variable to be inspected is health care. In order to compare the two countries’ health care systems, two indicators will be examined: the number of health services offered for free and the amount spent per citizen on heath care. In the United States, there are two types of heath care services: Medicare and Medicaid. According the US Federal Government , Medicare is offered to most citizens who are 65 years of age or older, people entitled to Social Security disability payments for 2 years or more, and people with end-stage renal disease. Medicaid is offered to certain low-income families to help cover their medical costs . The Medicare recipients will receive durable medical equipment such as oxygen equipment, wheelchairs, arm, leg, back and neck braces, ostomy pouches, surgical dressings, splints and casts, one pair of eyeglasses after surgery, and other medically necessary equipment that a doctor prescribes for use at home. Medicare also helps cove! r the costs for doctor’s services, outpatient hospital care, blood, lab tests and physical and occupational therapy. Medicaid on the other hand covers much more. On the other hand, according to the Health Care Financing Administration, Medicaid recipients receive inpatient and outpatient hospital services, physician services, medical and surgical dental services, nursing facility services for persons aged 21 or older, laboratory and x-ray services, pediatric and family nurse practitioner services, ambulatory services to individuals under the age of 18 and individuals entitled to institutional services, prenatal care and delivery services for pregnant women, as well as some home health and clinical services. In Canada, as stated by the Government of Ontario’s Ministry of Heath , health care covers all services by a physician (except work or school-related physicals), five or ten annual visits to a podiatrist (chiropractors, osthopasths) and Physiotherapists, dental services do! ne in hospital, optometry services every two years for all 20 to 65 year olds and once a year for all under 20 and all over 65 year olds, and importantly, emergency care of injuries that occur outside of the country. If we compare the services offered in both countries, we see that Medicaid is very comparable to the Canadian Health Plan, plus and minus a few services, while Medicare trails both systems, at least as far as services offered are concerned. The second indicator for health care is the amount spent per person on health services. This is an area where the US is expected to perform poorly, as mentioned in the hypothesis, because so few Americans actually receive government-paid health care. In fact, according to the US Census Bureau any form of government-paid health care covers only 24. ercent of the US population. Medicare covers 13. 2 percent of the population, and Medicaid covers 10. 2 percent while the remaining 3. 1 percent are military personnel who receive basic military health benefits. According to the US Census Bureau , the three levels of government in the United States of America spent 40,168,000,000 dollars on 34,900. 000 Americans in 1991, therefore spending 1147 US dollars per recipient. However, when divided by the total America population at the time, which was approximately 258,000,000 people, we see that a mere 156 US dollars was spent per citizen on heath care. Canada on the other hand offers heal! th care to all of its citizens, therefore it is expected that the per-citizen number will be higher. According to Health Canada , in 1994-95, the three levels of Canadian government jointly spent 51,900,000,000 Canadian dollars on health care. When divided by the total population at the time (29,500,000 people), we get 1759 Canadian dollars per person. Hence, after the conversion to US dollars, the amount spent per person on health care in Canada is 1196, almost eight times as much as the US spending. Consequently, it must be alleged that although the US data is four years younger than the Canadian data, Canada still spends much more on health care than the United States does. Canada then comes out on top when we add all of the variables together in an attempt to determine who is of a more socialist nature, as far as social services go. It must nevertheless be admitted that aside from health care spending, the US does not trail Canada by an extreme amount when in comes to soci! al services, and even comes out on top when in the amount of years of free education offered through the public schooling system. Aside from an advanced social services system, a socialist country must also have a low level of diversity when it comes to social classes. In order to reduce the difference between social classes, one must first reduce the variation of income levels. Therefore, the indicator for the variable â€Å"minimization of social classes† will be income inequality. As said by the paper Income inequality in North America: Does the 49th parallel still matter? , â€Å"Canada has not seen the substantial increase in income inequality that has occurred in the United States. The paper states that the US† average income level has been rising rapidly when compared to Canada†s, but that the US†s income inequality has been growing consistently as well. â€Å"In terms of comparative economic well-being, Canadian families in the bottom 25% of the income distribution were better off in absolute terms in 1997 than were their counterparts in the United States. However, in the top one-fifth of the income distribution, American families had disposable incomes more than 20% higher than their Canadian counterparts. In the top one-tenth of the income distribution, disposable incomes among American families were about 25% higher. † (Income inequality in North America: Does the 49th parallel still matter? , The Daily, Statistics Canada) Although it was not possible to view the data that was used by the author to make the above conclusions, the information will be considered credible for this paper, as it was written on the part of Statistics Canada, which is highly reputed to be an accurate source of data. A more precise way of determining Income Distribution would be to actually compare the spread of income in both countries. According to a US Census Bureau chart, in 1998, 3,6 percent of American households were in the lowest quintile of income (lowest level of income), 9 percent were in the second quintile, 15 percent in the third, 23. 2 percent were in the fourth quintile, and finally, 49. 2 percent of households were in the highest quintile of income. In Canada, the same chart can be found in Canadian Fact Book On Poverty, which was posted on the Posted on the Canadian Council on Social Development website (http://www. cfc-efc. ca/docs/00000327. m). According to the data, in 1991, 4. 7 percent of the Canadian households could be found in the bottom quintile, 10. 3 were in the second quintile, 16. 6 were in the middle quintile, 24. 7 were in the fourth quintile and 43. 8 percent were in the top quintile. Although the difference may not be huge, there is no denying the fact that there is a larger gap between the income levels in the US as the above data shows. As mentioned in the paper Income inequality in North America: Does the 49th parallel still matter? he highest quintile plays a major role in the spread of income in the US. Almost half of all households are in the highest fifth, whereas in Canada, seven percent less (43. 8) households are in the highest quintile. What does all this mean? In keeping with the conceptual definition of socialism used for the purpose of this paper, it means that Canada fits the description of socialism better than the United States of America when it comes to income distribution since the gap ! between the rich and the poor is thinner in Canada than it is in the United States. Aside from having a high level of democracy, good social services and a low level of distribution of social classes, a socialist state must also own many, if not all businesses. That brings us to the fourth variable of a socialist state; collective ownership of corporations, companies, and factories. Traditionally, Canada has had many Crown Corporations (Corporations owned by the State), but the recent trend has been to sell these companies to private investors. Nonetheless, the Canadian governments still own many businesses today. Even so, the Federal Government still owns 49 Crown Corporations according to the Treasury Board of Canada . The most commonly known of these corporations would likely be Canada Post, a nation-wide postal service, The Canadian Radio-Television and Telecommunications Commission, which runs the CBC and SRC radio and television stations, and VIA-Rail. A few of the less known companies are the Canadian Commercial Corporation, International Development ! Research Center, Royal Canadian Mint, the Business Development Bank of Canada, Canada Deposit Insurance Corporation, Export Development Corporation, Farm Credit Corporation, Defense Construction Limited, National Capital Commission, Atomic Energy of Canada Ltd. Bank of Canada, Marine Atlantis Inc. , and Jacques Cartier and Champlain Bridges Inc. In addition to federally owned Crown Corporations, the provinces also own their own â€Å"public businesses† the government of British Columbia for example runs sixteen Crown Corporations. The most commonly known of these are BC Hydro, BC Rail and BC Ferries. The US Governments also own similar corporation, although they usually tend to be agencies more than companies. A few examples would be the Central Intelligence Agency, and the Consumer Product Safety Commission. There are however some agencies that can compare to the ones owned by the Canadian governments, as illustrated on the White House†s Federal Agencies and Commissions web page ! such as the US Postal Service, AMTrack, the Export-Import Bank of the US, the Inter-American Development Bank, the International Bank for Reconstruction Development, the Legal Services Corporation, the National Park Service, the Neighborhood Reinvestment Corporation, the Overseas Private Investment Corp. , and the Securities Investor Protection Corp. Since the â€Å"corporations† are included with the agencies and commissions all government sites, it is difficult to count a precise number of government divisions that could be considered â€Å"Crown Corporations† in the US. It can however be estimated that at the Federal level, between 10 and 20 of these corporations exist. In addition, the American public also owns a television station independently of all forms of government. The educational station PBS is funded entirely by the people, depending largely on personal pledges for its survival. It must however be concluded that Canada has a great deal of State-owned companies when comp! ared to the US since it is nearly safe to say that there are at least twice as many of these corporations in Canada than there are in the United States. In conclusion, the hypothesis must be accepted, as the research proves that Canada is indeed more socialist that the United States of America. Although America is relatively strong when it comes to education, Canada does indeed spend more social services than the United States of America does. Canada also has more state-owned corporations than does the United States of America. Since the US does not clearly come out ahead of Canada in any of the variables, we cannot claim is as being in the same league as Canada as far as socialism goes. We can however state that the United States offers more years of public education than Canada does, and that it spends approximately the same on income security. In fact, if the United States offered health care to all of its citizens like Canada does, it could be argued that both countries are very similar in terms of socialism, with Canada being the frontrunner. However that is not the case, and what the entire research came down to was t! fact that health care is only offered to 24 percent of all Americans. The US Government actually spends 1147 US dollars per health-care recipient, only 49 US dollars less than Canada spends per recipient. What does this research tell us? It simply reinforces the theory that Canada is more socialist than the United States of America in its ways of governing. Perhaps it has to do with the fact that it is younger than its southern neighbor, that it still follows its European parents, France and England. America has matured more than Canada has, since it has been a free nation for much longer. There is no doubting that the US has developed its own governing system, with its own distribution of services and is striving off of it economically. There is however no less doubting that Canadians are proud of their social services, and education and democratic system. It seems both countries are in a state of comfort. America is generally content with its system and Canada is also generally happy with the way the country is run. It is however always fun to peek on the other side of the fence and see how our neighbor is doing, and how we compare to him/her. How to cite Measuring Socialism in America, Papers

Friday, December 6, 2019

Commercial Law Analysis

Question: Describe about the Commercial Law. Answer: A contract is regarded as something more than a mere agreement that exists between two or more people. For the formation of a contract there has to be the existence of several elements that are considered essential elements of formation of contract (Aubert Rivard, 2016). The primary elements of a contract are offer and acceptance, legal capacity, consideration and the intention of the parties to enter into legal relation. In the given case, it is given that Alan went to a store of liquor and demanded for Russian Vodka. The storekeeper Ben told Alan that the bottle of vodka that is in the hand of Alan fulfills the criterion of Russian vodka. In accordance to that assurance, Alan made the purchase of 3 bottles of vodka and got the receipt from Ben that made the statement that proclaimed that the products that are sold are not refundable and the seller is not responsible for the safety of the product (Calfa Grossmann, 2015). The elements that are present in the contract formation of Alan and Ben are follows: Legal Capacity: In accordance to law of the contract, not all people are eligible to enter into the contract. The parties that have the capacity to enter into a contract must be of legal age that is eighteen years and not a minor. The parties must not have a mental illness at the time of entering the contract. The prisoners and the bankrupts cannot enter into a contract. In the given case, it is evident that Alan and Ben has the legal capacity that is required for entering into a contract. Offer: In accordance to the laws of contract, there has to be a valid offer by one party of the contract known as the offerer. In the given case, there has been invitation to offer or treat on the part of Alan when wanted to buy Russian vodka. The offer was made by Ben after receiving the invitation to treat from Alan. In the case of Smith v Hughes (1871) LR 6 QB 597, the Court held that for determining the valid offer and acceptance there has to be the objectivity test of the contract. Acceptance: In accordance to the rules of contract, the proper acceptance has to be delivered by the acceptor to the offeror. In the given case, Alan accepted the offer made by Ben to buy three bottles of Russian Vodka at an agreed price (Crump, 2013). In the case of Harvey v Facey [1893] A.C. 552, the Court held that the different price stipulations by any seller should be considered as invitation to offer or treat. Consideration: It is most important element of contract. The amount to money or the services to be paid by any party for the services that are rendered by the other party is termed as consideration. In the given case, the amount paid by Alan for three bottles of Russian vodka is the consideration of the contract. Intention to form legal relation: In the given case, buying and selling depicts the intention of entering into legal relation (Durkheim, 2014). Hence, from the above discussion, it can be said that in the given case there is a contract between Alan and Ben and all the elements of contract is present. The transactions between seller and buyer where any seller agrees to transfer or sell rights in certain goods and services to any buyer in the return of consideration are subject to certain rules and regulations. The said transaction in Singapore is governed by the rules and regulations made under the Sales of Goods Act. Thus, the said Act governs all the transactions and contracts which take place in Singapore for sale of goods and services. The Sale of Goods Act in Singapore imposes many obligations on both the seller and the buyer. The buyer in particular, under the said Act, is protected from many automatic warranties against the seller under every contract of sale in Singapore. Part 1 of the Sales of Goods Act in Singapore includes many warranties which protect the buyer from fraudulent and illegal practices and conduct of the sellers (Bridge, 2012). The section 11 of the Sales of Goods Act states when a condition can be treated as a warranty by the buyer. Thus, under the said s ection when a condition is to be fulfilled by a seller and he fails to do the same, it is at the discretion of the buyer to either waive the breach of said condition or to elect and consider the said breach of condition as breach of warranty. Thus, in the said case, Alan purchased the vodka from Ben on the condition that the vodka should be of Russian origin. The said condition was not fulfilled which makes Ben breached section 11 of the Sales of Goods Act and allows Alan to elect to treat the said breach as breach of warranty. Additionally, section 13 of the Sales of Goods Act talks about sale by description and states when there is a sale of goods by description, there exists an implied warranty that the goods will match to the said description. Thus, in the said case, as Ben sold the vodka bottles to Alan describing them to be of Russian origin, the said section made it an implied warranty for the vodka bottles to correspond to the said description. Thus, Ben breached section 13 of the Sales of Goods Act. Additionally, section 14 of the Sales of Goods Act states implied warranty about quality and fitness. Thus, under the said section there is an implied term and warranty about the goods sold that the goods sold are of acceptable quality. Thus, in the said case, as Ben sold illicit drinks to Alan which caused him and his friends diarrhea after consumption, thus, Ben violated section 14 of the Sales of Goods Act by selling goods which are not of acceptable quality and fitness (Schwenzer, Hachem Kee, 2012). In National Foods Ltd v Pars Ram Brothers Ltd [2006] 4 SLR 640; [2006] SGHC 173 a Pakistani company contracted to sell spices to a Singapore incorporated company. The said contracted stated that the Pakistani company needs to furnish documents for the authenticity of the spices and about its quality. As the spices did ot meant the set standards, the Pakistani company was sued under section 13 and 14 of the Sales of Goods Act in Singapore and ordered to compensate the Singapore company for breach of warranties under the said Act (ISMAIL, 2011). Thus, in the said case, Ben breached section 11, 13 and 14 of the Sales of Goods Act in Singapore. The receipt that was given by Ben to Alan contained the message that the goods that are sold from the shop are not refundable and the seller cannot be held liable for the safety of the products that are sold. In the scenario that is given, the printed receipt plays an important part. There is invitation to offer by Alan where he urges to make the purchase of Russian Vodka from Ben. Thereafter, Ben made the offer to Alan which Alan accepted. The problem emerged when the vodka purchased caused food poisoning and diarrhea of the three close friends of Alan. Subsequent to that, the bottles of vodka were also found to be illicit drinks. Here lies the importance of the receipt that was generated by Ben to Alan. The receipt shall not be regarded as the contract. The contract between Alan and Ben is implied and not expressed. The contract lies in their dealing (Appleman et al., 2015). Alan enters into the dealing for the purchase of original Russian Vodka and not for the drinks that are illicit. Hence, there is non-performance or breach of contract. There is also fraud involved on the part of Ben. The words that were printed on the receipt meant that the goods that were sold could not be refunded. The receipt also meant that the seller that is Ben could not be held responsible for the safety of the products that were once sold from the shop. In accordance to the rules of contract, the terms that are contained in a contract should be certain and not vague. Although the receipt is not the contract but its terms are important. The terms of the receipt are vague because there is no such term mentioned in it that would deal with the case in case the goods sold by the seller turns defective (Chandler, 2015). It is an implied term in the dealings between a seller and buyer that if any goods sold by a seller turns defective, then such a seller is bound to make the refund of the money to the buyer. Moreover, the act of Ben is also illegal. It is because in accordance to the consumer laws, the buyer is always entitled to get proper goods that are of the merchandise quality. No customer is entitled to receive any faulty product or goods (Furmston et al., 2012). There was a case named ACCC v MOI International of 2013, where the MOI International was an oil company and made the claim that their oil contains 100% olive. In the researches that were conducted pointed out that the oil of the company had an amount of 7% olive and 93% canola. The Court while delivering the decision asserted a fine of $20,400 (Schwartz Scott 2016). The said case is similar to the case of Alan and Ben. It is because Ben made the claim that the bottles sold by him to Alan are contained of original Russian Vodka. However, in original terms, those bottles contained illicit drinks and not original Russian Vodka. The case study that is given depicts that the friends of Alan suffered from ill health and diarrhea after drinking the drinks that are delivered by Ben. The basic issue that is involved is whether Ben is liable for the suffering of the friends of Alan. The other issue that is involved in the case study is that whether there lays any option for friends of Alan to claim against Ben. The rule of proximate cause, foresee ability and negligence applies. The term proximate cause in law refers and means an event that is related sufficiently to any injury that is recognizable of being the cause of the said injury (Barker et al.,2012). In the case of Summers v Tice, it was held by the court that when there are two parties who acts negligently and that act of negligence causes the injury or the damage of any outside party or third party, then the burden of proof lies on those negligent parties to prove that they did not act negligently. In the case study that is provided, the proximate cause of the suffering of the friends of Alan was drinking the drinks that were illicit and supplied by Ben. Hence, Ben could be held liable for this cause (Fordham, 2013). The term foreseeable means a concept that is used in torts to make the limitation of liability of any party from that carries the risk of harm that is foreseeable. In simpler terms it would mean that any person who is reasonable would be able to make the prediction and expectation of the ill results of such actions. Under the law of negligence, the responsibility of acting in a reasonable manner for avoiding risks that are foreseeable of any injury that is physical may extend to any person. In the contract law, the usage of foreseeable concept is done for limiting the award of damages that are either special or consequential to such parties that can be termed as the consequences that are predictable of the contract breach. In the case of Sheehan v SRA (NSW), it was held by the court that if the act of any person is foreseeable to the injury of any person then such party can be held liable in the legal terms (Stickley, 2013). The next principle is the principle of negligence that can be made applicable in the case study that is given. The term negligence refers to the breach of the duty of taking care for which there is some kind loss either physical or monetary, is sustained to any other party (Stuhmcke Stewart, 2014). In the cases of negligence there has to be the plaintiff has to make the proof that there is the duty on the part of the duty to take the reasonable care and the defendant made the breach of such duty, for which he suffered loss. In the case study, there is negligence on the part of Ben as he supplied illicit drinks that caused the diarrhea of the friends of Alan. Hence, the claim would be by those friends against Ben. Reference List Appleman, J. A., Appleman, J., Holmes, E. M. (2015).Excuses for Nonpayment and Defenses to Actions for Premiums(Vol. 5). Appleman on Insurance Law and Practice. Aubert, B. A., Rivard, S. (2016). 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