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

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

Public Research Sample Essay

Public Research Sample EssayA public research sample essay can be defined as a sample essay that has been created for use in the laboratory, a test, or any other type of setting where learning is part of the study. They are typically used by high school students in their college admissions essays are by far the most common. However, they can also be used by adults who want to help them with college essays. This is great because it gives you a little insight into what you can expect when you submit your own college essay.The best thing about writing an essay on college admissions or any other type of essay is that you do not have to write anything. You are essentially testing out the abilities of the company you are doing business with. All you have to do is describe what you are expected to do and how you are going to use those abilities.When you first look at a sample research paper it will usually be a short one. It does not take very long to create one and most of them are not ver y long. In fact, most of them are only about a paragraph long.To make your essay easier to write you can make use of language. All you have to do is be specific in what you are trying to say. Use the language of the people you are writing for.Be as detailed as possible. Don't put any filler words between sentences. Include every single detail. You can even include some pictures.Take time to see what you have written so far. There is no point in re-writing things unless you are specifically doing this. However, if you are making an application that you are just guessing at, you might as well throw out the essay. Then you can simply answer the questions and find out if you made the right decision.The next thing you can do to improve your public research sample essay is to add a photo or two. However, it is not a good idea to use the picture of you. Instead, use a picture of the student to use as a guide.It is good to avoid using words like 'like'like' in your research paper. These wor ds will mean 'I think'. The goal of your essay should be to make it about yourself and not anyone else.

Revolutions Positive Effects

Practice in Identifying Metaphors

Practice in Identifying Metaphors A metaphor is a figure of speech in which an implied comparison is made between two unlike things that actually have something in common. This exercise will give you practice in identifying the elements that make up a metaphor. Metaphor Exercise Each of the following passages contains at least one metaphor. For each metaphor, identify the subjects or activities that are being compared- that is, both the tenor and the vehicle. Laughter is the mind sneezing.–Wyndham LewisSuddenly the black night showed its teeth in a flash of lightning.The storm growled from the corner of the sky, and the women trembled in fear.–Rabindranath Tagore, Fruit-Gathering. English Writings Of Rabindranath Tagore: Poems, 1994They say that life is a highway and its milestones are the years,And now and then there’s a toll-gate, where you buy your way with tears.Its a rough road and a steep road, and it stretches broad and far,But at last it leads to a golden town, where the golden houses are.–Joyce Kilmer, RoofsWhy you miserable, cowardly, wretched little caterpillar! Dont you ever want to become a butterfly? Dont you want to spread your wings, and flap your way to glory?–Max Bialystock to Leo Bloom in The Producers, by Mel Brooks, 1968I made Bubba up in the spring of 1963 in order to increase my popularity with my girlfriends at a small womens college in Virginia. I was a little bit in love with th em, too. But at first I was ill at ease among them: a thistle in the rose garden, a mule at the racetrack, Cinderella at the fancy dress ball. Take your pick.–Lee Smith, The Bubba Stories. News of the Spirit. Penguin, 1997 Even the way he looked was contrived, and if, on bad days, he resembled nothing so much as a failed actor afflicted with dreams, he accepted this resemblance, putting it down to artistic fatigue. He did not consider himself a failed anything. Success can only be measured in terms of distance traveled, and in Wisharts case it had been a long flight.–Mavis Gallant, Travelers Must Be Content. The Cost of Living: Early and Uncollected Stories. New York Review of Books, 2011If on leaving town you take the church road you soon will pass a glaring hill of bone white slabs and brown burnt flowers: this is the Baptist cemetery... Below the hill grows a field of high Indian grass that changes color with the seasons: go to see it in the fall, late September, when it has gone red as sunset, when scarlet shadows like firelight breeze over it and the autumn winds strum on its dry leaves sighing human music, a harp of voices.–Truman Capote, The Grass Harp. Random House, 1951For Dr. Fe lix Bauer, staring out the window of his ground-floor office on Lexington Avenue, the afternoon was a sluggish stream that had lost its current, or which might have been flowing either backward or forwards. Traffic had thickened, but in the molten sunlight cars only inched behind red lights, their chromium twinkling as if with white heat.–Patricia Highsmith, Mrs. Afton, Among Thy Green Braes. Eleven. Grove Press, 1970 One afternoon while we were there at that lake a thunderstorm came up. It was like the revival of an old melodrama that I had seen long ago with childish awe. The second-act climax of the drama of the electrical disturbance over a lake in America had not changed in any important respect. This was the big scene, still the big scene. The whole thing was so familiar, the first feeling of oppression and heat and a general air around camp of not wanting to go very far away. In mid-afternoon (it was all the same) a curious darkening of the sky, and a lull in everything that had made life tick; and then the way the boats suddenly swung the other way at their moorings with the coming of a breeze out of the new quarter, and the premonitory rumble. Then the kettle drum, then the snare, then the bass drum and cymbals, then crackling light against the dark, and the gods grinning and licking their chops in the hills.–E.B. White, Once More to the Lake. One Mans Meat, 1941One inconvenience I sometimes experienced in so small a house, the difficulty of getting to a sufficient distance from my guest when we began to utter the big thoughts in big words. You want room for your thoughts to get into sailing trim and run a course or two before they make their port. The bullet of your thought must have overcome its lateral and ricochet motion and fallen into its last and steady course before it reaches the ear of the hearer, else it may plough out again through the side of his head. Also, our sentences wanted room to unfold and form their columns in the interval. Individuals, like nations, must have suitable broad and natural boundaries, even a considerable neutral ground, between them.–Henry David Thoreau, Walden, 1854

Interest Groups Essay Example | Topics and Well Written Essays - 250 words - 2

Interest Groups - Essay Example Politicians are well aware of the popularity of interest groups and their ability to sway public opinion, which is very important to their election success. The political process dominated by the political parties but kept in check by the presence of interest groups is more favorable than the reverse. This is because politicians are elected to govern with the mandate of the people in diverse areas, which makes them accountable to the public. Interest groups are not elected officials and it is very difficult to hold them to account for their actions since they represent opinion. Also, interest groups depend on lobbying, which includes a lot of lawsuits, which would conflict with legislative agendas of politics. Interest groups serve the purpose of putting pressure on political parties in order to bring about change through amassing public support. If interest groups were to dominate the political process then they would most probably push only those interests that they find important producing a skewed type of governance. Politicians are best positioned to lead the governance process as they have more to lose and will naturally find balance through political pressures both the interest groups and other rival political

Case study on intellectual property right Essay

Case study on intellectual property right - Essay Example In a context of intellectual property rights, perhaps most common are copyrights and patents. Both are designed to protect those who had invested their talents in producing their works and allow for a reasonable financial return for their efforts within a certain time frame, after which the right or patent will expire and become a common good subject to the commerce of man. The advent of new technologies has made it imperative for all the producers of values embedded in intellectual capital and knowledge-based assets to assert their rights and protect these assets. The convergence of electronics consumer products, the rise of Internet usage and the digitization of most communications technology has made it quite easy to copy anything. A precedent case was filed by the music group Metallica against the founder and those who had availed of the file-sharing services of Napster software as a copyright infringement. Intellectual property right pertains to a right that gives a producer (ei ther author, artist, composer, inventor or publisher) the exclusive right to produce and distribute expressive work and this expressive work must be reproducible in some tangible form (means it can be copied) on some material like paper, tapes, films, clay or computer disks. It must be substantially new and lastly, only expressive works can be protected but not the original ideas behind it. Discussion Most business organizations would immediately patent any invention by an employee as a strategic and economic policy to enhance their competitiveness within their industry and further protect themselves from imitations (Andersen 148). There are various country, federal and state laws regarding who owns the rights to an invention (as an example here) discovered or made by an employee. Generally speaking, it is the employer who has the right to patent an invention by virtue of an employment contract with the employee, who in exchange for wages or a monthly salary, is willing to cede the rights and ownership of such inventions in favour of the company he works for. The new invention is therefore the property of the old employer. It is not absolute, however. There is usually a clause in such employment contracts termed as a â€Å"trailing obligation clause† in which a previous employer has the rights to such an invention or innovation for up to between six to twelve months only after the end of employment. If the company does not show interest in said invention, then the employee owns the rights. The employer organisation has the option of either patenting the invention or not. It is up to the company to decide on this matter since other issues might negate the necessity of the patent application. Reasons could include the conclusion that the invention is not patentable or there is a high cost in detecting and pursuing patent infringements (Davis 148). A primary responsibility of the employer is to explore all possible options regarding the commercial and tech nical viability of the invention or innovation. This is especially true in large firms which have big departments devoted to technical research and product development. This means the employer can choose to revise the invention or pursue further technical work and research that will improve the invention and remedy its flaws. The firm cannot hope to market an invention that is flawed as it will destroy its good reputation and brand name; it will further subject it to possible consumer suits if the buyer of