Tuesday, May 26, 2020

3 Tips for Writing a Respect Essay Topic

3 Tips for Writing a Respect Essay TopicWriting a Respect Essay Topic is something most students get wrong when they are trying to learn how to write essays. So many students either write the essay and forget what it is about, or they read the whole essay but just don't get it. Now if this sounds like you, then here are some tips to help you remember the basics of the Respect Essay Topic. It's important to have all your information all in one place so you can find it easily at a later time.When you are writing a Respect Essay Topic, you have to find an area of focus. You do not want to be too vague on this. There should be a main focus that you are trying to achieve with your essay. For example, if you were writing about respect for yourself then you might say something like: 'I value my self-respect and so I want to work on living up to my own standards.'There are other ways to do this, but this is the main points. Don't forget the final key sentence, and I am sure you have already forgotten, 'in order to give my respect to myself, I need to work on giving my self-respect to others.' This is the end of the Respect Essay Topic and can also be a good place to add a few sentences describing why you think others should respect you.The main thing that you have to remember when writing is to be factual. Don't try to embellish with details, this won't work and could embarrass you in the eyes of your audience. Just be straight and to the point and include all the information necessary.If you want to make the reader think you have put a lot of effort into the essay, then you should include a lot of different references. If you list all the references that you use, it helps them see that you put a lot of thought into the essay. However, don't add too many because the references could become boring and start to feel redundant.As I said, you need to find a focus on which you will write, and then find a specific area of it to focus on. One good tip for this is to look for a particular group of people that you want to show respect for. Make a list of all the people who fit into this group and write about them, without necessarily doing it as an essay.Remember to include the word 'why'. The reason you did certain things that you did in your life, especially in regards to something as significant as respect. Hopefully now you can write a Respect Essay Topic without getting lost in detail.

Tuesday, May 19, 2020

Essay on New Treatments for Breast Cancer - 1923 Words

New Treatments for Breast Cancer Breast Cancer affects one in eight of American women, and is the second most common cause of cancer death in America. I chose to write my term paper on breast cancer because it is a disease that has effected some members of my family. Due to this possibly inherited condition, I felt that researching the topic would help me learn ways to prevent the disease and educate myself to perform self-exams that may result in early detection. Breast cancer is a malignant tumor in the glandular tissues of the breast. Such tumors, also called carcinomas, form when the chemical processes that control normal cell growth break down, enabling a single abnormal cell to multiply at a rapid rate (Hickman). Carcinomas,†¦show more content†¦Such findings, all of which relate to hormone-based life events, suggest that breast cancer is somehow affected by prolonged exposure to female sex hormones, such as estrogen. Women with a history of breast cancer in the family are also at greater risk. About five percent of all breast cancers have been attributed to a mutated, or structurally altered, gene known as BRCA1. Mutations in a second gene, BRCA2, contribute significantly to the development of breast cancer in Jewish women. Alcohol, high levels of fat in the diet, and not exercising regularly have also been linked to increased risk for breast cancer (Garber). Three-quarters of all breast cancer patients are not in any of the groups considered at increased risk for breast cancer, indicating that not all risk factors are understood. As a result, doctors recommend that every woman should familiarize herself with the techniques for monthly breast self-examination. X-ray examination of the breasts, a technique called mammography, can detect tumors before they are large enough to be felt and increase the odds for successful treatment. The American Cancer Society recommends that women over age 40Show MoreRelatedNew Drugs For Breast Cancer Treatment Essay1382 Words   |  6 Pageswithout affecting host body cells. Cancer chemotherapeutic agents New Drugs for Breast Cancer Treatment: 1. Herceptin: ïÆ' ¼ Type of drug: Monoclonal antibody A class of drugs developed to work alone or together with chemotherapy to seek out and attack specific cancer cells. ïÆ' ¼ Mechanism: Herceptin attaches itself to a protein called HER2 that is found on the surface of 20 to 25 percent of breast cancers. HER2 stimulates cell growth and prevents breast cancer cell death. When Herceptin binds toRead MoreEssay on Breast Cancer Treatment1316 Words   |  6 Pages Breast Cancer Treatment nbsp;nbsp;nbsp;nbsp;nbsp;Only lung cancer kills more women each year in the United States than breast cancer does. The American Cancer Society (ACS) estimates that over 184,000 new cases of breast cancer were diagnosed in women in 1996 (ACS Breast). Although these statistics are alarming, there are a number of treatment options available for those that are diagnosed with breast cancer. nbsp;nbsp;nbsp;nbsp;nbsp;The best way to treat any disease is to prevent itRead MoreBreast Cancer; Saving the Girls 959 Words   |  4 PagesBreast cancer is the second most prominent cause of cancer deaths in women. About 1 in 8 American women living in the U.S. will be diagnosed with invasive breast cancer sometime during the course of their life. About 39,620 of those women will die from it. â€Å"Breast cancer occurs when cells in the breast divide and grow without their normal control† (Komen). There are two main types of breast cancer. Ductal carcinoma, the most common type which starts in the tubes that transport milk from the breastRead MoreCancer Is A Word That Most Everyone Fears. It Affects Millions1203 Words   |  5 PagesCancer is a word that most everyone fears. It affects millions of lives on an everyday basis. However, breast cancer seems to grab more attention due to its recurrence. According to an article in Opposing Viewpoints, breast cancer is a disease in which abnormal breast cells begin to grow uncontrollably, forming tumors. Breast cancer is highly common amongst today’s society, and has sparked much research in the medical field worldwide. Contrary to popular belief, breast cancer is not a modern illnessRead MoreOverview of Breast Cancer Essay1015 Words   |  5 PagesIf you or a loved one were diagnosed with breast cancer, how would you feel? You would probably feel very afraid and worried. Breast cancer is a common and potentially deadly form of cancer that affects both men and women. There are risk factors for getting the disease and there are different types of treatment for people who have been diagnosed with the disease. There are also steps that people can take to try to prevent getting breast cancer or at least catch it early. Luckily there are manyRead MoreBreast Cancer Prevention and Education Essay1695 Words   |  7 PagesAccording to the American Cancer Society, â€Å"Breast cancer is the common disease of women in the United States, other than skin cancer.† After lung cancer, it is the leading secondary cause of cancer death in women. It helps to have some basic facts about the normal makeup of the breasts to understand breast cancer. In the past, this disease was one of the most feared forms of cancer due to its fatality rate and because complete recovery often required breast removal. The best way to fight this diseaseRead MoreBreast Cancer Is Not Just A Single Disease? Essay1486 Words   |  6 PagesBreast cancer is not just a single disease. It may come in different types. One particular type and the most common is the invasive ductal carcinoma or the infiltrating ductal carcinoma. This is cancer that invades the surrounding breast tissues as it breaks through walls of the milk duct. Ductal carcinoma in situ (DCIS) is another type of cancer. This is non-invasive, meaning it does not spread to the surrounding breast tissues. Another type is the triple negative breast cancer. This happens whenRead MoreBreast Cancer Treatment1620 Words   |  7 PagesBreast Cancer Treatment Breast cancer is turning to be one of the top killer women in the world. This kind of cancerous tumor is attacking breast tissue of woman. A disease in which abnormal cells in the breast divide and multiply in an uncontrolled fashion. The cells can invade nearby tissue and can spread through the bloodstream and lymphatic system to others part of the body and start to kill the organ one by one. By giving a breast cancer treatment will decrease the number of populationRead MoreBreast Cancer: Risk Factors and Treatment Essay examples1620 Words   |  7 PagesBreast Cancer What would you do if you found out you had breast cancer? Who would you tell first? How would you deal with it? The diagnosis of breast cancer is becoming more common today; we need to know what the symptoms are, and how to help prevent it. Breast cancer is the leading reason of death in women in the United States; it has increased greatly over the last 30 years. Many people wonder why it has increased so much in the last few years, and there are many reasons that it has. BreastRead MoreBreast Cancer Essay937 Words   |  4 PagesBreast cancer along with many other cancers are being researched daily to find new treatments. With all the new research, it is possible to see high survival rates and lower reoccurrence rate. Many are benefiting from the new treatments that are being discovered. Breast cancer is the second leading cause of death in women and the advancements that have been made are remarkable. There are different types of breast cancer that could be used in planning treatment and new therapies. Authors of Mayo

Wednesday, May 6, 2020

The Road Through The Wall By Shirley Jackson - 1897 Words

Shirley Jackson was born in San Francisco, California on December 14th 1916. From an early age she was at odds with her parents expectations. Within these expectations her mother had an obsession with appearance that put her further away from her. Jackson began writing in 1930 as a teenager and grew up in a suburban atmosphere; this later became the subject of her first novel â€Å"The Road through the Wall† in 1948. From California she moved cross country to Rochester, New York in 1934. Her university education began at the University of Rochester in 1936 but withdrew that same year. Jackson reentered the following year, 1937, to Syracuse University. This is where her writing blossomed. As an undergraduate her story â€Å"Janice† was published in the Syracuse University magazine in 1938 and the following year won second prize in a poetry contest. Jackson began a literary journey, Spectre, with Stanley Edgar Hyman and was in a romantic relationship with him as well. In 1940, the same year she graduated, with a dual major in English and speech, she married Stanley Hyman. The first of her four children, Laurence, was born in 1942 which is the same time she began to have her stories published. Two years later in 1944, she was chosen for Best American Short Stories for â€Å"Come Dance with Me in Ireland.† A year after her husband acquired a teaching job at Bennington College and they moved to North Benningtown, Vermont, where she continued to write and raise her children. Jackson became aShow MoreRelated Shirley Jacksons The Lottery 946 Words   |  4 PagesShirley Jackson is said to be one of the most â€Å"brilliant and influential authors of the twentieth century.† â€Å"Her fiction writing is some of the most important to come out of the American literary canon.† (http://shirleyjackson.org/Reviews.html) Jackson wrote many short stories and even some books. They are more on the dark, witchlike side, however. Kelleher explains that Jackson stated in some interviews that she practiced magic. No one really knows if she was serious while practicing witchcraftRead MoreEssay about The Life and Literary Works of Shirley Jackson4264 Words   |  18 PagesShirley Jackson was born on December 14, 1919 to Leslie and Geraldine Jackson. Her surroundings were comfortable and friendly. Two years after Shirley was born, her family with her newborn brother moved from San Francisco to Burlingame, California, about thirty miles away. According to her mother, Shirley began to compose verse almost as soon as she could write it (Friedman, 18). As a child, Shirley was interested in sports and literature. In 1930, a year before she attended Burlingame High SchoolRead MoreShirley Jackson Biography Essay1117 Words   |  5 PagesShirley Jackson was born on December 14, 1916 in San Francisco, California. She was the daughter of Leslie Hardie (President of Stecher-Traung Lithograph,Inc.) and Geraldine Bugbee Jackson. Miss Jackson attended the University of Rochester from 1934 to 1936. She graduated with a BA from Syracuse University in 1940. Shortly after graduating, she married Stanley Edgar Hyman, who was a literary critic and was on the faculty of Bennington college.. They moved to Vermont and had four children togetherRead MoreEssay about Symbolism in The Lottery by Shirley Jackson488 Words   |  2 PagesSymbolism in The Lottery by Shirley Jackson Thesis: The short story The Lottery by Shirley Jackson found in Perrines Literature written by Thomas R. Arp is a story full of symbolism. I. Names are used to represent different aspects of the story. a. Mr. Summers is a bright and cheerful man. His attitude, demeanor, and name represent the summer. Mr.Graves name represents what is about to happen. They are sending someone to their grave. These names are obvious as to what they mean. b. MrsRead MoreThe Lottery By Shirley Jackson Analysis1592 Words   |  7 Pages In â€Å"The Lottery,† Shirley Jackson tells the story of a fictional village with a population of about three hundred citizens in America, in which a mysterious event known as â€Å"the lottery† takes place once a year. Jackson tells the story from a third-person objective point of view, meaning the narrator tells the story without knowing or commenting on the inner thought of the characters, which makes the ending so shocking. The lottery as a whole is inhumane and cruel, but the people of the villageRead MoreTo Further Understand The Text One Must Know The Literary1724 Words   |  7 Pagesbecause one may associate the word lottery with being lucky or beneficial but the lottery tradition that takes place in the story is the complete opposite. In order to understand the short story The Lottery, by Shirley Jackson, one must first understand the background of the author. Shirley Jackson was born on December 14, 1916 in San Francisco. She spent most of her childhood in Burlingame, California where she as a teenager begin to write short stories. In 1936 she attended the University of RochesterRead MoreThe Summer People, By Shirley Jackson And Smoke Ghost By Fritz Leiber1649 Words   |  7 Pagesexample from our readings and pick out some sort of â€Å"real world† issue or important thing that I have learned from them. For the sake of time, however, I will focus on â€Å"The Yellow Wallpaper† by Charlotte Perkins Gilman, â€Å"The Summer People† by Shirley Jackson and â€Å"Smoke Ghost† by Fritz Leiber. Each of these stories has succeeded in broadening my horizons and has taught me something important about the world in which we live. Weird fiction stories cover a wide range of important issues incl uding sexismRead MoreUtopia, Dystopia, Two Worlds1630 Words   |  7 Pagesauthors have created stories of about what a perfect, or imperfect, world looks like to them. There are two stories that come to mind that explains the polar opposite of two worlds. One of the stories that will be discussed is â€Å"The Lottery† by Shirley Jackson. The other story will be â€Å"The Ones Who Walk Away from Omelas† by Ursula Le Guinn. As you read both stories, the writers have provide great detail about each world to the point that you will say to yourself â€Å"I do not want to live there† or â€Å"I wouldRead MoreAnalysis Of The Lottery By Shirley Jackson2020 Words   |  9 Pagesboth Joyce Carol Oates and Shirley Jackson managed to craft haunting short stories, whose characters quickly bond to your brain before they are quickly ripped away. â€Å"The Lottery’s† effectiveness leans on subtle character traits and changes—her style, while not as minimal, reminds me of Carver, in that what is left unsaid is nearly as important as her stripped down and dialed back use of character description. Though there is an undercurrent of unease slowly pulsing through â€Å"The Lottery†, it isn’tRead MoreThe Black Religious Community, Gospel ( Christian ) Rap2632 Words   |  11 Pageslike the Beatnik or Hippie of yesteryear and now to include churches. Like those references, many think that this too is a passing fad. So why is Hip-hop’s influence able to both captivate and influence the minds of many in the United States and through out the world. Well, Rap music and its culture speaks and delivers a unique message to the inner being of a person that cannot always be seen. The individual response that is generated from the processing of that message can take many different

Theme Of Grotesque In The Tell Tale Heart - 987 Words

The definition of madness is the state of being mentally ill, especially severely. There are a great number of connections between the Gothic genre and the state of madness, such as the obsession with death and the deceased, as well as an infatuation with the grotesque. The mad often claim to witness supernatural phenomenon which are continuously depicted within the Gothic genre. With such a copious amount of connections it is not difficult to imagine that some if not most Gothic characters act as though they are mad. In â€Å"The Tell-Tale Heart† by Edgar Allan Poe Gothic elements are used to convey the madness of the narrator to the reader. The grotesque and an unreliable narrator appear which shows that â€Å"The Tell-Tale Heart† can be†¦show more content†¦A sane man would feel very guilty after murdering an old man over something as insignificant as the appearance of one of his eyes. Retelling such a despicable act would be very difficult for a sane perpet rator and would likely not come in out in such vividly grotesque detail. In this story, the Gothic element of the grotesque shows how the narrator makes terrible decisions with terrible consequences and how he does not feel guilty for killing the old man. Both of these characteristics point strongly to the narrator being a madman. Secondly, the narrator of â€Å"The Tell-Tale Heart† is a man who not only claims to have a mental disease, but also kills an old man due to his gross eye. Is a mentally ill murderer a narrator who is worthy of the reader’s trust? â€Å"The disease had sharpened my senses - not destroyed - not dulled them. Above all was the sense of hearing acute.† (1) The disease that the narrator references in this quotation is a mental disorder. The narrator describes a sharpening of the senses and acute hearing. These two symptoms paired with the fact that he hears the old man’s heartbeat start to become louder and louder after killing and decapitating him, point to schizophrenia. Schizophrenia is a disorder caused by an overload of sensory data, it often causes its sufferers to hear voices and noises that are not real. This could easily explain theShow MoreRelatedThe Grotesque In Gothic Literature : The Characteristics Of Gothic Literature1600 Words   |  7 PagesT he grotesque in gothic is usually the behavior of a man (or women,) who battle with an internal conflict and they are also, usually sick. When an individual reads gothic stories, one can sometimes miss-interpret what they have read. It is common knowledge that when we are younger we understand things differently from when we grot be adults. We can infer that if one was too read gothic literature as a child, one would find it humorous, versus if that individual was to read gothic literature as anRead MoreThe Gothic Theme of Edgar Allen Poes Work1357 Words   |  6 Pagesthe ambivalence of the grotesque and arabesque. Through thematic conventions of the Gothic genre, literary devices and his own auteur, Edgar Allan Poe’s texts are considered sublime examples of Gothic fiction. The Gothic genre within Poe’s work such as The Tell-Tale Heart, The Black Cat, and The Raven, arouse the pervasive nature of the dark side of individualism and the resulting encroachment of insani ty. Gothic tales are dominated by fear and terror and explore the themes of death and decay. TheRead MoreAnalysis Of Edgar Allan Poe s A Tell Tale Heart1289 Words   |  6 Pages Inside the Heart There are many well-known poets, but not many are as unique as Edgar Allan Poe. By the age of 13, Poe had become a creative poet (Biographies). Many of Poe s works were horrific fictional stories. His first book was published in Boston in 1827, called Tamerlane and other Poems. More of Poe s major works include Tales of the Grotesque a d Arabesque, which included his most spine tingling tales such as Ligeia and The Fall of the House of Usher. Most of Poe s works haveRead MoreThe Black Cat And The Tell Tale Heart957 Words   |  4 Pagesthe two short stories â€Å"The Black Cat† and â€Å"The Tell Tale Heart† Poe uses characterization to portray the guilt of the narrator. â€Å"The Black Cat† short story’s writing has a morbid effect on readers and describes the torments of guilt. In â€Å"The Tell-Tale Heart† Poe explores the effects of the subconscious mind, the suppressing of guilt and the narrator’s guilt forcing him to confess.† â€Å"The Black Cat† is written with violent language to create a grotesque effect on the reader, in an effort to portrayRead More##arison Of Gothic Fiction In Young Goodman Brown And The Tell-Tale Heart By Edgar Allan Poe746 Words   |  3 PagesPoe. Horror, death, supernatural events, the grotesque, the dark, and sometimes even the romantic are key characteristics of the Gothic genre. There are the obviously Gothic stories of Young Goodman Brown by Nathaniel Hawthorne and The Tell-Tale Heart by Edgar Allan Poe but also the less recognizable Gothic stories such as A Clean Well-Lighted Place written by Ernest Hemingway. These three stories take different approaches on what makes them at heart a true Gothic story. Diction plays an importantRead MoreThe Strange Case Of Dr. Jekyll And Mr. Hyde1035 Words   |  5 Pagesexemplar of 19th century horror-suspense literature, that not only proved popular and influential in its day, but continues to stand spine-to-spine with Bram Stoker s Dracula, and Mary Shelley s Frankenstein as enduring genre classics. By centering his tale in the seething cultural hotpot of Soho in the 1800 s Stevenson was able to seize on the popular fears of well-to-do English readers all too aware of the dichotomy of violence and squalor in the district. In fact, the novel stands as a playful repudiationRead MoreLiterary Analysis Of The Tell Tale Heart1289 Words   |  6 PagesAmong the many strange and complex short stories of Poe, The Tell-Tale Heart has come to be known as one of the most mysterious and psychologically intriguing. Poes preoccupations with death, with madness, and with troubled human relationships all find their culmination in this brief narrative. The murder of the old man and its aftermath, which form the center of the story, are told with dazzling clarity, a clarity that itself obscures the meaning of the act and calls into question the emotionalRead MoreChaucer s Prologue Of The Miller s Tale Essay1229 Words   |  5 Pagesâ€Å"Prologue to the Miller’s Tale†, the Millerâ €™s physically disgusting appearance closely matches his grotesque morality of heart. The prologue opens at the closing of the Knight’s tale, as the Host asks the Monk to rival the tale with a noble story of his own. However, the Miller barges in and doesn’t hesitate to belligerently interrupt the conversation by claiming that he has a noble story of his own to share. Despite attempts to silence the Miller, he proceeds to tell his tale, exhibiting a lack of compassionRead MoreLiterary Critics Of Edgar Allan Poe1693 Words   |  7 Pagesfrustration. Poe was educated in multiple languages and had a wide-range vocabulary. Often times he was inclined to use words just because of the way they sounded. Words such as;  ¨avarice, agony, aghast, crypt, demoniacal, frenzied, ghastly, and grotesque ¨ are just some of the descriptive words he used to give more of an effect to the reader so that they could  ¨feel ¨ the story better. Edgar Allan Poe’s rise came during the Romantic period, and because of this his works focused on composing literaryRead MoreAnalysis Of Edgar Allen Poe s The Cask 1563 Words   |  7 PagesNovember, 2015 Gothic Elements in Poe’s Captivating Stories Edgar Allen Poe can be described as a master of gothic literature. Poe enjoyed incorporating the gothic theme into his stories (â€Å"The Cask† 52). The free dictionary website describes gothicism as a style in fictional literature characterized by gloomy settings, violent or grotesque action, and a mood of decay, degeneration, and decadence. Edgar Allen Poe experienced many failures and disappointments throughout the course of his life. The deaths

Entity-Relationship Diagrams and the Relational Model free essay sample

Abstraction, Data Independence – Query Languages – Efficiency (for most tasks) – Security – Data Integrity Data Models DBMS models real world †¢ Data Model is link between user’s view of the world and bits stored in computer †¢ Many models exist †¢ We think in terms of.. – Relational Model (clean and common) – Entity-Relationship model (design) – XML Model (exchange) Student (sid: string, name: string, login: string, age: integer, gpa:real) 10101 11101 Why Study the Relational Model? †¢ Most widely used model. †¢ â€Å"Legacy systems† in older models – e. g. , IBM’s IMS Steps in Database Design †¢ Requirements Analysis – user needs; what must database do? Conceptual Design – high level description (often done w/ER model) – Rails encourages you to work here †¢ Logical Design – translate ER into DBMS data model – Rails requires you to work h ere too †¢ Schema Refinement – consistency, normalization †¢ Physical Design indexes, disk layout †¢ Security Design who accesses what, and how †¢ Object-oriented concepts merged in – â€Å"Object-Relational† – two variants †¢ Object model known to the DBMS †¢ Object-Relational Mapping (ORM) outside the DBMS – A la Rails †¢ XML features in most relational systems – Can export XML interfaces – Can provide XML storage/retrieval Conceptual Design †¢ What are the entities and relationships in the enterprise? †¢ What information about these entities and relationships should we store in the database? †¢ What integrity constraints or business rules hold? †¢ A database `schema’ in the ER Model can be represented pictorially (ER diagrams). †¢ Can map an ER diagram into a relational schema. ER Model Basics ssn name lot Employees †¢ Entity: Real-world object, distinguishable from other objects. An entity is described using a set of attributes. †¢ Entity Set: A collection of similar entities. E. g. , all employees. All entities in an entity set have the same set of attributes. (Until we consider hierarchies, anyway! ) – Each entity set has a key (underlined). – Each attribute has a domain. ER Model Basics (Contd. ) name ssn Employees lot Works_In since did dname budget Departments ER Model Basics (Cont. ) name ssn lot dname did budget Departments since Employees supervisor Works_In subordinate †¢ Relationship: Association among two or more entities. E. g. , Attishoo works in Pharmacy department. – relationships can have their own attributes. Reports_To †¢ Relationship Set: Collection of similar relationships. An n-ary relationship set R relates n entity sets E1 En ; each relationship in R involves entities e1 ? E1, , en ? En †¢ Same entity set can participate in different relationship sets, or in different â€Å"roles† in the same set. name ssn lot since did dname budget †¦to be clear†¦ †¢ Recall that each relationship has exactly one element of each Entity Set – â€Å"1-M† is a constraint on the Relationship Set, not each relationship Key Constraints An employee can work in many departments; a dept can have m any employees. Employees Manages Departments Works_In since †¢ Think of 1-M-M ternary relationship In contrast, each dept has at most one manager, according to the key constraint Many-to- 1-to Many on Manages. Many 1-to-1 Participation Constraints †¢ Does every employee work in a department? †¢ If so, this is a participation constraint – the participation of Employees in Works_In is said to be total (vs. partial) – What if every department has an employee working in it? Weak Entities A weak entity can be identified uniquely only by considering the primary key of another (owner) entity. – Owner entity set and weak entity set must participate in a one-to-many relationship set (one owner, many weak entities). Weak entity set must have total participation in this identifying relationship set. name ssn lot cost pname age †¢ Basically means â€Å"at least one† name ssn Employees lot Manages since did dname budget Departments Works_In Means: â€Å"exactly one† since Employees Policy Dependents Weak entities have only a â€Å"partial keyà ¢â‚¬  (dashed underline) Binary vs. Ternary Relationships ssn name lot Covers pname age Binary vs. Ternary Relationships (Contd. ) †¢ Previous example illustrated a case when two binary relationships were better than one ternary relationship. If each policy is owned by just 1 employee: Employees Dependents Bad design Key constraint on Policies would mean policy can name ssn only cover 1 dependent! †¢ Think through all the constraints in the 2nd diagram! policyid lot Policies cost pname age Employees Purchaser Dependents Beneficiary †¢ An example in the other direction: a ternary relation Contracts relates entity sets Parts, Departments and Suppliers, and has descriptive attribute qty. No combination of binary relationships is an adequate substitute. (With no new entity sets! ) Better design policyid Policies cost Binary vs. Ternary Relationships (Contd. ) qty Parts Contract Departments Summary so far †¢ Entities and Entity Set (boxes) †¢ Relationships and Relationship sets (diamonds) Suppliers Parts VS. needs Departments – binary – n-ary can-supply Suppliers deals-with †¢ Key constraints (1-1,1-N, M-N, arrows) †¢ Participation constraints (bold for Total) †¢ Weak entities require strong entity for key – S â€Å"can-supply† P, D â€Å"needs† P, and D â€Å"deals-with† S does not imply that D has agreed to buy P from S. – How do we record qty? Administrivia †¢ Blog online †¢ Syllabus HW calendar coming on-line Schedule and due dates may change (check frequently) – Lecture notes are/will be posted Other Rails Resources †¢ Rails API: http://api. rubyonrails. org †¢ Online tutorials – E. g. http://poignantguide. net/ruby – Screencasts: http://www. rubyonrails. org/screencasts â€⠀œ Armando Fox’s daylong seminar: http://webcast. berkeley. edu/event_details. php? we bcastid=20854 †¢ HW 0 posted due Friday night! – Accts forms! †¢ Other textbooks – Korth/Silberschatz/Sudarshan – O’Neil and O’Neil – Garcia-Molina/Ullman/Widom †¢ There are tons of support materials and fora on the web for RoR Relational Database: Definitions Relational database: a set of relations. †¢ Relation: made up of 2 parts: – Schema : specifies name of relation, plus name and type of each column. †¢ E. g. Students(sid: string, name: string, login: string, age: integer, gpa: real) Ex: Instance of Students Relation sid 53666 53688 53650 name login Jones [emailprotected] Smith [emailprotected] Smith [emailprotected] age 18 18 19 gpa 3. 4 3. 2 3. 8 – Instance : a table, with rows and columns. †¢ #rows = cardinality †¢ #fields = degree / arity †¢ Cardinality = 3, arity = 5 , all rows distinc t †¢ Do all values in each column of a relation instance have to be distinct? Can think of a relation as a set of rows or tuples. – i. e. , all rows are distinct SQL A language for Relational DBs †¢ SQL (a. k. a. â€Å"Sequel†), standard language †¢ Data Definition Language (DDL) – create, modify, delete relations – specify constraints – administer users, security, etc. SQL Overview †¢ CREATE TABLE ( , †¦ ) †¢ INSERT INTO () VALUES () †¢ DELETE FROM WHERE †¢ UPDATE SET = WHERE †¢ SELECT FROM WHERE †¢ Data Manipulation Language (DML) – Specify queries to find tuples that satisfy criteria – add, modify, remove tuples Creating Relations in SQL †¢ Creates the Students relation. Note: the type (domain) of each field is specified, and enforced by the DBMS whenever tuples are added or modified. CREATE TABLE Students (sid CHAR(20), name CHAR(20), login CHAR(10), age INTEGER, gpa FLOAT) Table Creation (continued) †¢ Another example: the Enrolled table holds information about courses students take. CREATE TABLE Enrolled (sid CHAR(20), cid CHAR(20), grade CHAR(2)) Adding and Deleting Tuples †¢ Can insert a single tuple using: INSERT INTO Students (sid, name, login, age, gpa) VALUES (‘53688’, ‘Smith’, ‘[emailprotected]’, 18, 3. 2) †¢ Keys Keys are a way to associate tuples in different relations †¢ Keys are one form of integrity constraint (IC) Enrolled sid 53666 53666 53650 53666 cid grade Carnatic101 C Reggae203 B Topology112 A History105 B Can delete all tuples satisfying some condition (e. g. , name = Smith): Students sid 53666 53688 53650 name login Jones [emailprotected] Smith [emailprotected] Smith [emailprotected] age 18 18 19 gpa 3. 4 3. 2 3. 8 DELETE FROM Students S WHERE S. name = ‘Smith’ Powerful variants of these commands are available; more later! FOREIGN Key PRIMARY Key Primary Keys †¢ A set of fields is a superkey if: No two distinct tuples can have same values in all key fields Primary and Candidate Keys in SQL †¢ Possibly many candidate keys (specified using UNIQUE), one of which is chosen as the primary key. †¢ †¢ †¢ A set of fields is a key for a relation if : – It is a superkey – No subset of the fields is a superkey Keys must be used carefully! â€Å"For a given student and course, there is a single grade. † CREATE TABLE Enrolled (sid CHAR(20) vs. cid CHAR(20), grade CHAR(2), PRIMARY KEY (sid), UNIQUE (cid, grade)) †¢ what if gt;1 key for a relation? – One of the keys is chosen (by DBA) to be the primary key. Other keys are called candidate keys. †¢ E. g. – sid is a key for Students. – What about name? – The set {sid, gpa} is a superkey. CREATE TABLE Enrolled (sid CHAR(20) cid CHAR(20), grade CHAR(2), PRIMARY KEY (sid,cid)) â€Å"Students can take only one course, and no two students in a course receive the same grade. † Foreign Keys, Referential Integrity †¢ Foreign key: Set of fields in one relation that is used to `refer’ to a tuple in another relation. – Must correspond to the primary key of the other relation. – Like a `logical pointer’. Foreign Keys in SQL †¢ E. g. Only students listed in the Students relation should be allowed to enroll for courses. – sid is a foreign key referring to Students: CREATE TABLE Enrolled (sid CHAR(20),cid CHAR(20),grade CHAR(2), PRIMARY KEY (sid,cid), FOREIGN KEY (sid) REFERENCES Students ) Enrolled sid 53666 53666 53650 53666 cid grade Carnatic101 C Reggae203 B Topology112 A History105 B †¢ If all foreign key constraints are enforced, referential integrity is achieved (i. e. , no dangling references. ) sid 53666 53688 53650 Students name login Jones [emailprotected] Smith [emailprotected] Smith [emailprotected] age 18 18 19 gpa 3. 4 3. 2 3. 8 11111 English102 A

Tuesday, May 5, 2020

Quash Quell Construction Limited

Question: Discuss about the Quash Quell Construction Limited. Answer: Introduction This study will benefit immensely from three main legal concerns that have been identified from the facts given. It is instructive to note that the first legal issue that will be discussed is construction law in relation to the law of contract. This legal issue affects Quash quell Construction Limited (QQ) and Retro Salvagers Ltd (RSL) because they had a contract whose subject matter was construction and in particular a contract to deal with refurbishment of a dilapidated building. The second legal issue that has been identified is in relation to the law of tort and it is Negligence as a civil wrong. This will be demonstrated by the relationship between Dapar Heating Systems Ltd. and Quash quell Construction Limited (QQ) where the former was expected to conduct a service with great skill and care but there is a probability that he did so negligently. The last legal issue will be misrepresentation which is manifested by the fact that Dapar Heating Systems Ltd made statements before th e contract was made that appear to have induced Quash quell Construction Limited to enter into a contract. In contract law the cardinal principal is that parties to the agreement have the moral imperative to perform their contractual obligations as has been stipulated by terms in the contract. It follows that failure to meet the contractual obligations amount to a breach in contract law and liability fro the payment of damages. It bears noting that breach of the contract terms that have been stipulated in the agreement attracts loathsome consequences as was demonstrated in the case of Jerry Bennett Masonry, Inc. v. Crossland Constr.Co.[1] Where a subcontractor company entered into a legal agreement with the contractor which expressly interdicted any delay. Unfortunately the subcontractor company breached the agreement and the court ordered the payment of hefty delay damages. Quashquell Construction Limited (QQ) contracted Retro Salvagers Ltd (RSL) to conduct the refurbishments of their newly acquired offices and they therefore were notified of all the areas that need refurbishment and were able to foresee the duration and amount of time that would be involved to complete the work timeously. It is thus imperative to note that the delay that occurred in this case is regarded as an inexcusable delay in construction law which is a delay that has been caused by a contractor due to his negligence and the other party will be entitled to make a claim for damages.[2] Quashquell Construction Limited has a contractual obligation to conduct the refurbishments within the rules that have been set in the contract. It is overarching principle in law that the once a contract has been signed the parties are bound by the terms in the agreement although one may have failed to read or comprehend the terms.[3] The court have since held that incase a delay may occur in to the construction the contractor is supposed to give a reasonable notice to the other party.[4] It is worth noting that Quashquell Construction Limited has not served the Retro Salvagers Ltd any notice indicating that they may be delaying in completing the work as stipulated in the contract. In Australian Development Corporation (ADC) v White Constructions[5] the court held that the contractors must give the principal a notice requesting for the extension of time which enables the principal to make other less costly arrangements and to bargain with the contractor on the extra costs that may be incurred. Retro Salvagers Ltd did not indicate that they an extension of time so that they can be able to complete the contracted work. Due to absence of the notice the probability for the contractors to be liable is even growing higher. It can also be noted that DHS did not submit any notice to indicate that they will be delaying in the construction of the heating system and thus the penalty that was stipulated in a clause will be imposed. Liquidated damages clause It bears noting that Quashquell Construction Limited will be entitled to liquidated damages if in the contract they included a liquidated damages clause that shows the amount of money that will be payable incase of any delay.[6] It is prudent to note that the liquidated damages clause will be Quashquell Construction Limited in the sense that they will not have the onerous task of calculating damages as they are expressly stated in the clause.[7] However, where the contract does not have a liquidated damage clause the, the aggrieved party will still be entitled to liquidated damages incase of any breach. In this case it is evident that the contract provided for liquidated damages clause that stated that there will be a 4.5 percent deduction from the contract price each day that the contractor delays. The costs that have been incurred in renting another premise because of the delay in completion of the refurbishments will be paid from the penalties that have been imposed in the contrac t. It can be argued seeking liquidated damages again despite the presence of a liquidated damages clause is tantamount to subjecting the party in breach to double jeopardy. It has been held in South Carolina Federal Savings Bank v. Thornton-Crosby[8] that if the principal looses profit that he will have gained were it not for the delay he may recover the profits inform of damages if he reasonably evinces the exact amount of profit lost. Quashquell Construction Limited can thus prove that within the days that the construction had delay they suffered a considerable loss of expected income because their business was not in operation. The use of mobile heating devices leads to Quashquell Construction Limited to incurring an extra expense. However this was covered in the liquidated damage clause that stipulated that DHS will pay an amount of money incase of any delay. The other remedy has been established by the courts in the case of Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd[9] is restitution of any funds that had been paid prior to the performance of the contract. In this case it will not be possible for Quashquell Construction Limited to recover any funds that they may have paid because they have stipulated in the contract through the liquidation clause a way that the contractor will compensate for the loss incurred due to the delay. The aggrieved party may also be awarded consequential damages which derive from any other cause that the parties had contemplated when they were making the contract. Quashquell Construction Limited can recover damages for the loss of profits following the delay in installing the heating system because such an outcome was not envisaged in the terms of the contract. From the facts it is abundantly clear that Dapar Heating Systems Ltd gave a representation to the effect that the system was functionally sound and it had been tried and tested. The company also assured that the heating system was energy efficient albeit the same was not envisaged in the contract. The possible legal issue that can arise in this case is misrepresentation. A misrepresentation is an untrue statement that induces the other party to enter into contract which has the effects of vitiating the contract. It is thus submitted that for a misrepresentation to be actionable there are various elements that must be met for the action to be successful. Firstly, one of the parties must have made a false assertion of fact. It has been held that if a statement is substantially correct then it does not amount to an untrue statement.[10] It is worth noting that the statement must be a clear untrue statement that does not bring about any ambiguity.[11] The statement that was made by the Dapar Heating Systems Ltd was clearly false as was later evidenced by the tragedy that occurred. Secondly, the misrepresentation must be made by a party to the contract or an agent representing the party to the contract. Thirdly, the other party must rely on the untrue statement to the effect that the untrue statement will influence his or her judgment to enter into the contract. However, a misrepresentation will not be actionable if it did not affect the judgment of the other party expected to sign the contract.[12] Quash quell Construction Limited (QQ) relied on the statement that had been made to enter the contract. Were it not for the assurance in the statement made then Quash quell Construction Limited would not have signed the agreement. In essence the statements made affected fundamentally affected the judgment of Quash quell Construction Limited. Negligence in Tort Dapar Heating Systems Ltd (DHS) has the professional responsibility of ensuring that they conduct their work with skill and care to prevent harm to anyone who is likely to be affected by the nature of their work. In the much celebrated ruling of Lord Artkin he notes that one should always have their neighbor in contemplation and ensure that their acts and omission do not cause harm to them.[13] Lord Artkin defined a neighbor in the Donoghue case as any person who is likely to be suffer injuries due to harm that has been perpetrated by ones acts or omissions. Any person who has been visited by harm or an injury must show that they are a neighbor within the meaning of the definition given by Lord Artkin Stemming from the fact that Dapar Heating Systems Ltd has did not install the heating system well and it cause injury to Sally, Sean and Amy it is submitted that he will may be charged with the tort of Negligence. There are three essential elements that must be satisfied for one to successfully prove a claim of negligence.[14] It is prudent that the defendant must have owed the plaintiff a duty of care and the defendant breached that duty. Additionally, as a result of the breach it must be evinced that harm or loss has been suffered has been suffered. Duty of Care It is imperative to note that the definition of the duty of care has since been made capacious and it includes instances where one relies on the information given and the information is given negligently and leads to harm to the other parties.[15] In this case it is abundantly clear that Dapar Heating Systems Ltd has convinced Quashquell Construction Limited that the heating system is in good condition and that it is energy efficient. Quashquell Construction Limited relied on this information and it over the long haul caused harm to Sally, Sean and Amy. Dapar Heating Systems Ltd owes a duty of care to any person working Quashquell Construction Limited premises beaus ether act are likely to affect them. It can thus be conceded that they owe Sally, Sean and Amy a duty of care. The duty of care includes the duty to perform their work with standard and ordinary skill and care that a reasonable person doing the same task would have done.[16] The courts in Caparo Industries v Dickman[17] came up with a test for determining whether one owes another a duty of care. The court stated that the harm and injury that has been suffered should be one that was foreseeable.[18] Dapar Heating Systems Ltd was reckless yet the harm that the heating system brought to Sally, Sean and Amy was to all intents and purposes foreseeable. A legal relationship showing the proximity between the harm that has been suffered and the negligent act must be established.[19] It is not in doubt that there is a relationship of proximity between Dapar Heating Systems Ltd and the persons who work in Quashquell Construction Limited including Sally, Sean and Amy they are direct beneficiaries of the heating system. In the end the court s will ask if it is just and fair to impose a duty of care on the party alleged to be negligent.[20] It can be conceded that it is not only just and fair but it is also reasonable and practicable to impose a legal duty of care on Dapar Heating Systems Ltd. Breach of Duty of Care In Roe v Minister of Health[21] the court affirmed that for a negligence claim to be successful the standards of skill that has been manifested by the defendant must be below the ordinary skill that is expected. In determining the breach of duty of care the courts look at the probability of the harm occurring.[22] It is thus submitted that there was a high probability of the risk occurring if the installations done by Dapar Heating Systems Ltd were not done with the required standard of skill. The ordinary skill can be manifested by the fact that an independent expert was employed to conduct an assessment on the installation. This was an ordinarily skilled person of the same work qualification as the Dapar Heating Systems Ltd. The court will also consider the degree of harm that has been suffered and the harm suffered is overly minute then the claim will be banished upon arrival and it will not see the light of day.[23] The harm that has been suffered by Sally, Sean and Amy is so mat erial that the acts and omissions of Dapar Heating Systems Ltd will undoubtedly amount to a breach of the duty of care. The courts will also determine if the defendant had the opportunity to take any measures that would prevent the harm from occurring.[24] Indeed Dapar Heating Systems Ltd will have to show if they had taken any reasonable steps to prevent any accident that may have a deleterious impact. If the court discovers that they did not take any preventive and protective measures they will be held to be in breach of their duty of care. It gives added relevance to state that the courts will also seek to determine if the acts or omissions of the defendant were pursuant to a social purpose. The acts and omissions cannot be defined as being informed by a social suspect. The plaintiff in a negligence claim has to show that the defendant had breached their duty of care they owe them. However, if the facts of the case are too obvious and clearly show that the defendant was in breach the courts will apply the legal maxim of res ipsor loquitor.[25] Harm Suffered due to Breach of Duty The general rule in the law of tort is that the claimant must evince that they suffered harm, injury or loss as a result of the breach perpetrated by the defendant. The court in this case will apply the But for Test and will ask whether the harm would have occurred anyway even of the defendant did not breach their duty.[26] Amy fell down on the slippery floor and injured her uncle. Dapar Heating Systems Ltd may argue that the slippery floor was not part of their fault and are hence not liable for the injuries that visited Amy but if the plaintiff can contend that if it were not for the breach in the premises she would not have found herself in those circumstances. On the hand, it is clear that Sally and Sean have suffered severe injuries resulting from the breach of duty. Dapar Heating Systems Ltd have the option of conceding that the harm was foreseeable but the harm that Amy suffered occurred in unforeseeable circumstances. It is a settled position in Hughes v Lord Advocate[27] that a defendant may escape liability if they can prove that albeit the harm was foreseeable it occurred in a manner that could not be in the contemplation of the defendant. Suffice to say the court have also ruled that liability will not attach to the defendant if the claimants injury is one that he usually she easily suffers from independently.[28] The Dapar Heating Systems Ltd which is the possible defendant in this can argue that the negligence that is being alleged is contributory negligence. Contributory negligence arises in circumstances where the claimant failed on his part to take care of his safety and thus contributed to the injury that he has suffered.[29] The defendant company can thus argue that Amy contributed to the injury that she suffered because she negligently failed to know that the area had a slippery floor. In the case of Froom v Butcher[30] the defense of contributory negligence was successful because the claimant had failed to care of his safety by failing to put on the seatbelt Break of Chain of Causation Dapar Heating Systems Ltd can also rely on the argument that the chain of causation with regards to Amys injury was broken and thus the causal link between the negligent act and her injury does not exist. However, the courts have always given preference to the defense of contributory negligence rather than accept the argument on causal link as was seen in the case of Reeves v Commissioner of Police of the Metropolis.[31] This is a possible defense in the law of tort that says that the claimant has invited the injury to himself voluntarily. In this type of the defense the defendant argues that the claimant was aware of the nature of the risk.[32] Lord Denning noted that the defendant must also waive the right to bring a claim by expressly or impliedly agreeing to do so.[33] It is however submitted that such a defense may not be a strong defense because it is hard to believe that a claimant can volunteer to invite an injury to himself. The court may award special damages in cases of a successful claim of negligence to claimants who have incurred medical expenses and loss of income. This type of damages is awarded for pure economic loss. In this case Amy, Sally and Sean will be awarded special damages if they succeed in their claim because it is evident that they have suffered severe medical injuries and will require medical expenses. Incase they are not able to attend their daily work and hence lose income they will recover the amount of money they have lost by way of special damages. General Damages The court may also award general damages which are awarded for emotional pain and distress that may have undergone following the breach of duty and the injury caused. Amy, Sally and Sean can argue that they have suffered serious shock and pain flowing from the injuries that they have sustained. General damages are generally regarded as non economic damages because they can not be quantified. The amount of money awarded in this case is determined based on the discretion of the judge although in some jurisdictions they have placed legal limits on the amount of general damages that may awarded following each civil wrong. Bibliography Australian Development Corporation (ADC) v White Constructions (1996) 12 BCL 317. 2. Avon Insurance plc v Swire Fraser Ltd [2000] 1 All ER (Comm) 573, [2000] CLC 665 Barnett v Chelsea Kensington Hospital (1968)3 All ER 1068 Bisset v Wilkinson [1927] AC 177 Bolam v Friern Hospital Management Committee (1957) 1 WLR 582 Boucaut Bay Co Ltd v Commonwealth (1927) 40 CLR 98 Caparo Industries v Dickman (1990) 2 AC 605 Capps v Miller [1989] 1 WLR 839 Capital v Hampshire County Council (1997)QB 1004 CMA Assets Pty Ltd v John Holland Pty Ltd (2015)WASC217 Donoghue v. Stevenson (1932)UKHL 100 Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd (1943) AC 32 Froom v Butcher [1976] QB 286 Grant v Australian Knitting Mills (1936 )A.C. 562 Haley v London Electricity Board (1964) 3 WLR 479, Home Office v Dorset Yacht Club (1970) AC 1004 Hughes v Lord Advocate (1963) A.C. 837 (H.L.). J-Corp Pty Ltd v Mladenis (J-Corp) (2010) 26 BCL 106 Jerry Bennett Masonry Inc. v. Crossland Constr.Co. (2005) 171 S.W.3d 81 Kent v Griffiths (2000)2 WLR 1158 L Shaddock Associates Pty Ltd v Parramatta City Council [1981] HCA 59 L'Estrange v F Graucob Ltd [1934] 2 KB 394 Latimer v AEC Ltd (1952) 2 All ER 449 Nathan C, Lee C and Henry P,( 2014) Resolving Problems and Disputes on Construction. Nettleship v Weston [1971] 3 WLR 370 Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360 Roe v Minister of Health [1954] 2 All ER 131 Scott v London St Katherine's Docks (1865) 3 H C South Carolina Federal Savings Bank v. Thornton-Crosby (1992) SC 423 S.E.2d 114 Smith v Chadwick (1884) 9 App Cas 187 Smith v Charles Baker Sons [1891] AC 325 Paris v Stepney Borough Council (1951) 1 All ER 42, Watt v Hertfordshire County Council (1954) 1 WLR 835