Argumentative Essay: The Appalling Lack of Gun Control in the United States :: Argumentative Persuasive Argument Essays

There is an appalling, despicable lack of gun control in the United States. In my opinion the manner in which the issue of gun control is approached in this country is bordering on criminal negligence in and of itself. The insanity surrounding this controversial issue is taking the Second Amendment to the Bill of Rights in the United States constitution way too far. I ask myself this question, could the Founding Fathers of this amazing country have possibly envisioned a world in which teenagers could casually walk into a classroom, pull out a loaded pistol and cold bloodily murder their teachers and fellow classmates? I think not. I would posit that these fine men, these symbols of American liberty and democracy would turn in their graves if they could see how their words, their intentions, were manipulated and grossly misinterpreted, to serve the purposes of those who pretend to be protecting the rights of their fellow American Citizens. On the contrary, it is my belief that t hey, the politicians, are recklessly endangering those whose rights they claim to be protecting. The Government needs to take a hard, honest look at the tragic loss of life that occurs in this country due to gun shootings, both intentional and accidental. The government needs to assume responsibility for this outrageous situation and realize that gun control in the United States needs to be Federally regulated, sooner rather than later. Wherein lies the difficulty in subjecting citizens to more stringent gun control measures? What possible reasons could politicians have for opposing safety measures such as the mandatory registration of firearms, five day waiting periods, gun licensing for owners, permits to purchase and permits to carry guns as well as mandatory background checks? If you want to carry a firearm, I feel that all of the afore mentioned requirements, at the very least, should be instituted in every single state. For heavens sake, it is more difficult to enroll your child in school than it is to buy and own a gun in this country. Does that seem logical? Not to me. The reason being that as this controversy plays out, as the NRA (National Rifle Association), the various politicians and the many interest groups squabble aimlessly back and forth with each other, more innocent people are losing their lives everyday, no in fact, every minute!

Lobbying strategies used by financial services Essay

General knowledge about patenting and the patent reform legislation. A patent can be said to be a se of exclusive rights given to an inventor or his assignee for a given period in exchange for the invention details. However in countries like us extras qualification utility patents is used to differentiate them from other types of patents, this should not be confused with utility models grants by other countries. (http://www.ipaustralia-gov.au/patents/what_index.sch.html)examples of these particular patents for invention includes biological patents, business method patents, chemical patents and software patents. In some other countries other types of intellectual property rights (IPR) are called patents while industrial design rights are referred to as design patents which protect the physical designs of objects which are not of great utility. As such therefore, patent should not be mistaken for a right to practice or use the inventor, it(patent) provides the authority to prevent other people from making, using, selling or offering for sale or importing the patented invention for as long as the term of the patent remains, which in most cases is usually 20years. In real sense a patent is a limited property right that the government leases to inventors in exchange of their (inventors) disclosure of the details leading to their invention. Patent therefore, like any other property rights can be leased, mortgaged, assigned, licensed, given away or even transfered.As briefly stated above the rights governing a patent varies from country to country. For instance in Australia, other people are allowed to build on top of already patented invention. This is possible by making use of exceptions from infringement procedures e.g. allowances for academic research (http. /paustralia- gov.au/patents/what_ index .sch.html). While on the other hand in US things are very different on patent rights governing research, whereby even developing of an existing invention amounts to infringement. The mystery of patents is exhibited when one wants to make an improvement of an already patented invention. This can only be done legally by seeking permission from the patent holder, assuming that the patent is still in force When the new improvement is made the owner of it can bar the original patent owner from using the improvement and hence denying him of the right to exploit the patent. However some countries require that the invention be exploited in the jurisdiction it covers. Again the penalties of not working an invention vary from country to country but the common penalties ranges from revocation of the patent rights to awarding of a license to any party in a position to exploit the invention. The patentee can seek legal redress and challenge the revocation or the issuance of the license. But there exists a big hurdle in offering of tangible evidence that, the requirement of the public have really been met by the working the invention. Generally patents can only be put in force through law suits (e.g. in US, patent infringements are handled in the US federal courts) in other countries like France and Australia criminal penalties for patent infringements are given. In case of an infringement the patent owner will demand to be compensated financially for past infringement and then also seek to bar the defendant (infringer)from engaging in any further acts of infringement. However it is not always easy for the patent owner to prove that infringement really took place. As such, he is required to establish that the accused practiced all that the patent was entitled to; again, the issue of independent jurisdictions patent rights tradition also arises. The above statements about the powers of a patent owner are enough evidence to show that there is a great limitation on the patent owner because the accused has a right to challenge the validity of a patent .It is common for civil courts hearing patent cases to declare patents invalid. The basis on which a patent can be declared invalid are stated on the patent agreement, and again this varies from one jurisdiction to another. However some countries like UK have laws discoursing infringers from challenging the validity of patents. In the UK this discouraged through the certificate of contested validity. Nevertheless not all patent rights disputes are settled through litigatation. Majority of these disputes are settled through private patent licensing agreements. These agreement are simply practical, effective contracts whereby the patent owner (also know as licensor) voluntarily decides not to sue an infringer in return of some payment .Research shows that this is common in companies which deals with complex products. These companies also issue patented licenses to other business rivals under what is known as cross licensing agreements. This in turn facilities the cross accessing of each other inventions (special problems in patent cases 66.FRD 529,197 by Howard T Markey) As seen above different jurisdictions have different traditions of approaching patenting, but it should be noted that in many nations both single entities (natural persons) and corporate entities can apply for a patent. On issuance of this patent then the entity (ies) becomes the owners of the patents. However, it is mandatory that the inventor (s) be named so that the public can get to know how the owner(s) of the patent acquired the rights. For example in US only the inventor(s) (natural person) can apply for a patent, in cases of multi inventors then each inventor is given a patent which s very independent from those given to other co- inventors . It is a normal practice also in US for inventors to assign their ownership rights to a corporate body, this is done in cases of multi-inventors so that only one single entity has the rights to grant a license. Another reason is to increase the liquidity of the patent as property, so that inventors can be in a position to sell them to a third party, who in turn owns the patent as though they were the real investors. From the above detailed information about the function ability of patents and patent rights it is evident that patents and patent rights need to be protected by relevant laws so that neither party i.e. patent owners, authorities, and infringers is vulnerable to mistreatment. Therefore nations and also internal communities have come up with laws that govern the enforcement of patents. Patents as such therefore, are governed by laws at a national level and at an international level through signing of treaties. It can be said that patents are therefore not national but territorial in nature. It is traditional that every nation forms a [patent office which carries out patenting responsibilities in regards of the laws of the country. However cases of infringements are left to be catered by national courts. On an international scale it is the work of the world Trade organization (WTO) to harmonize these patent laws. Agreement have been reached successfully in aligning these patent laws .Adherence to these agreements is a mandatory requirement for admission to the WTO, a factor leading to mass compliance by many nations .Even the developing countries are not left back although they have been known to enforce national laws protecting their local industries. A paramount international meting held in Paris relating to patent systems culminated in the signing of the above agreement. Although the agreement does not have a consequential legal effect in national jurisdictions its principles are largely inculcated in many current patent systems. For instance one such principle is the right to claim priority which allows an application filled in a member state of the Paris meeting to be valid for one year and also to be filled in any other member state and still receive its original filling date. This is a great achievement since patent ownership is entirely date oriented. Again the powers and dynamics of patents vary from sate to another. In US for example, the lands prime law (constitution), gives the congress the mandate to make laws, to promote, and uphold the progress of Science and useful Arts. These laws once passed, are then enshrined in Title 35 of the United States Code. The United States patent and trademark office (USPTO) was created under the above laws. (US patent activity, 1790 to present – http://www. Upstaged/web/ offices/ac/ido/oeip/taf/h-counts-html). In UR, patent laws are contained in the patents Act 1977 (amended). On international perspective, as mentioned above there exists international freely procedures e.g. procedures under European patent convention (EPC) which works under European patent organization (EPO) and patent cooperation Treaty (PCT) among many others. Similar treaties exist in African content countries. For a natural person or a corporate entity to be awarded a patent then an application requesting the same has to be filled at the relevant patent office. This application contains such information like how to make and put the invention into use and also the utility of the invention. Also contained in the application form is claims which explain more about the invention and the extend of patent rights in regards to applicants wishes. The above details together with a written description with drawings are part of the patent specification. In some nations like US, the applicant is also required to include the most effective way to make and practice the invention. The claim part acts as a disclosure to the public on the limits to which the patentee has over the invention. In other words a claim shows what the patent covers and what does not cover. It should be noted also that a single patent can have numerous claims, each regarded as an independent invention. Once the above requirements have been provided it is now the duty of the patent office to counter check whether the application is in order with the relevant legal provisions in relation to the particular specie of patents. Once it is approved the patent takes effect from the date issued and it is subject to yearly renewals so as to remain in force in relation to (Egbert vs. Lippmenn, 104 U.S. 333 (1881) â€Å"the corset case†) The US supreme court passed a decision that any inventor who has not applied for a patent for more than eleven years of using the invention, cannot be given one. Hence there is a need to seek for a patent once an invention has been made (http://www. Wolf Greenfield. Com/media/news. 9.pdf) In a summary of the above information about patent system four main aspects have clearly been discussed about, they include; i. Inventing: – Through intensive research and consulting Scientists and artists are able to come up with inventions. The desire to dig more and come up with inventions is catalyzed by the existence of patent rights. Which comes with much money as a result of selling patent licenses ii. Disclosing the invention made: – As per the meaning of patent, the disclosure of invention is for a common good. This is so because there are projections as to the rights of invention and hence inventors feel free to disclose their invention. This disclosure facilitates for exploitation of patent right when the current one expire or even improvements are made. iii. To invest in producing, experimenting, and marketing of the invention. This is done out the faith that infrequent cases are well protected against. iv. Designing and improving of earlier patents: – This can only be possible is details of already existing patents are disclosed to the public. All the above stuff concerning modern patent system allows for infant inventors to gain exclusive rights and therefore becoming licensors. They therefore gain financially and in the long run promoting more innovations. Due to loopholes the legal systems governing patents cases of double awarding of patents have been common. (According to R.Buck minster Fuller 1938). Due to the increasing number of inventions the patent filling systems are becoming more complex day and day and hence there is a likehood of awarding a patent to an invention already patented before. However with the introduction of reliable computing system this has been kept at bay. According to Michael Heller, a law professor and Rebecca Sue Eisenberg in a 1998 in their 1998 science article, intellectual property Rights (IPR) have become so much fragmented that signing them will require an agreement with all the owners of fragments. Another big hurdle in patents is that they discourage innovations especially with corporate entities who may own many patents and enter into litigations incases of infringement although they are doing absolutely nothing to develop the invention. Other numerous problems also exist and as a result critisms have been common opposing the patents system and proposing for their abolition altogether. Lastly, it will be fair to put forth some historical information regarding the existence of patents. Reliable evidence suggests that the first stints of patents can be traced to ancient Greek cities whereby any one who came up with a new recipe was allowed to make the food for one year. On the other hand, modern patents can be traced to the republic of Venice whereby new inventions were publicly communicated to prevent undue infringement. Other countries followed suit e.g. U.K, US and therefore the idea of patents spread through other parts of the World. The above detailed account about patents gives a reader of this paper a sound basis to now tackle the issue of financial services industry, lobbying strategies in the addressing of the patent reform bill (legislation) before the 110th congress. As already explained above the patents system in united states are under the body known as United States patent and Trade mark organization (USPTO).This body is therefore incharge of issuance of patents to inventors. According to a 2004 report by National Agency of a sciences and another report of 2003 report by Federal Trade Commissioner a bill (patent Reform Act 2005) was proposed. The main aim of this bill was to try and bring a theme of modernity in the USA patent system. Although it was not until 2007 when this bill was introduced to the bicameral US parliament (Senate and House of representatives). This bill now known as â€Å"The patent Reform Act of 2007† was introduced as a proposal in the 110th US congress for discussion and eventual change of the United States Patent Laws. The bills main objective was to bring the American patent laws to the same level with other countries patent laws. (According to a patent system for the 21st century, by Stephen. A. Merrill Richard L. Levin and mark B. Myers, 2004- (http://www ton.nap.eds/catalog//76.html) The main changes brought by this legislation were – I). Converting US from a first- to- invent system to a first- inventor- to -file system. This bill will bring US to conformity with other countries of world. This system will also reduce legal costs, simplify the patent process, improve fairness and also facilitate a movement towards harmonized international patent system. It is also agreed that this change will reduce the complexity associated with the current USPTO interference proceedings. This will therefore make inventors to focus more on inventing. Since this change would make US to be in harmony with other countries it will help US inventors to pursue their innovative dreams in more consisted manner. On the hand, critics have agreed that this system of first to file will encourage unnecessary USPTO with unharmonized disclosure information; therefore quality of patents is compromised. Again the small scale inventors will be at a disadvantage when competing with large co operations in the race to the pattern office. The next major change was apportionment of damages. The bill will seek to bring sanity in the award of damages due from infringements of patents. The bill allows a court of law to ensure that the damages are paid according to the prevailing economic conditions pertaining to the patented invention. This was seen a measure to cut excessive royalty payment infringed patented. Large technological companies and financial services industries supported this change because they lie on features which are in most cases in patented. Critics of this system argued that, the congress should not attempt to prioritize the factors that a court may apply when determining reasonable damage rights. This system may also undermine the existing licenses and therefore leads to the rise of litigation. Those critics included USPTO, the biotechnology among many others. Other charges embedded in the bill included; Allowing a third party assignee to file a patent application, Revising procedures for patent interference disputes; Allowing financial institutions to infringe patents on the check collection system, Allowing a person who is not the patent owner to file a petition with the board cancel a patent as invalid among many other changes. These changes sought to facilitate a general overhaul of the US patent system. Which according to the coalition for 21st century patent Return was in dire need for periodic examination and foundational changes (http://www.ipfrolmer.com/depts/artic.asp?id=14890&deptid=4) This reform bill on patents was introduced to the House of Representatives by a democrat, MR. Howard Berman and in the senate by another Democrat, MR. Patrick Leahy. It was passed in the House of Representatives but put under more scrutiny pending voting in the senate following its introduction in the 110th United States Congress. The bill has been faced with positive and negative critisms from different organizations. Those organizations lobbying for its subsequent adoption argue that, the bill is necessary to bringing in the much needed changes and consequently reduce the number of soaring ills which are killing innovation. Some of these organizations include coalition for patent fairness, Business software alliance intellectual property owners association and lastly American institute of certified public accounts. Those according to them are weakening the rights of patent owners innovations included the following national small business organization, innovatiove alliance, Biotechnology industry organization among others (http://www.napp, org/resources/nap opp to 2007 senate Bill. pdf) According to the US department of commerce the only part which need some revision is section 4 which they argue may harm the nation’s intellectual property system. The bill also attracted critisms from international community with a Chinese expert calling the bill hypocritical; since it is weakening the rights of patent owners in US when US has been urging the Chinese government to strengthen the rights of their patent owners. An observation also comes from India pharmaceutical Alliance who argued the bills provision allows for the validity of a US patent to be challenged immediately after issuance. They also predict that the bill may favour Indian manufacturers since it reduces legal costs and risks. (Http.economictrimes.com/article show/mst 22256,pr+page – 1.cms1) The lobbying strategies The first question one should ask himself when tackling this debate is very simple, how is the proposed patent reform bill going to affect the performance of the financial institutions? Secondly has the current patent laws been in â€Å"favor† of the financial institutions? With these two questions in mind then it is very easy to the financial institutions stand in respect to these reforms. Consequently, therefore, the lobbying strategies they employ will be directly related to these effects. This issue of patent reforms may seem to a nonprofessional to be of no consequential impact and therefore does not deserve much thought but to the business community things are very different. The above detailed account of the pros and cons of the patent reform bill, it is very clear that there exists a tug-of war between some of the corporate US citizens. On one side of the war are much dreaded patent trolls or better known as patent sharks-small firms or individuals who wit fully trap large manufacturers in patent infringement suits in order to benefit from damage awards. On the other side of this war are financial institutions, which, includes banks and insurance firms who have joined hands with large tech-companies. It is understood that these two sectors have been faced with regular lawsuits coming from the much-dreaded patent sharks. At the center of the dispute is the current Americas patent system that is suffering from lack of a major policy overhaul for along period of time and struggling to stay in level with innovation in thev21st century. Therefore, financial institutions have always found themselves in a hot spot under the current patent laws. It is in this light that any reforms that seeks to address their plight is seen as a relieve to them. The first strategy therefore employed by these financial institutions was the formation of a bargaining platform in the form of â€Å"the coalition of patent fairness†. This group lobbied the senate to help curb the weak patents and bourgeois lawsuits from patent sharks. The group also lobbied against a ruling made by the federal appeals court that opened doors for patents on business methods, including different types of banking, investments and insurance techniques. It is through this lobbying that, the senate judiciary committee included a provision that grants banks immunity against lawsuits from patent holders like Texas Company Data Treasury, which holds patent on a method of digitally scanning, sending and storing checks. Another strategy used by financial firms is by applying for patents. These patents unlike those of other industries are not primarily for financial gains but for defensive purposes against the escalating number of patent infringement cases from the much-dreaded patent sharks. Financial institutions in US are also exploiting the fact that US is the only nation in the world to have been left back using the first-to-invent system of patenting to lobby the international organizations (WTO).this seems to have borne fruits because the USPTO seems to have yielded to the pressure and therefore agreed to bring some changes. This has worked through the harmonization of the US patenting system with the rest of the world. After the House of Representatives passed its version of the bill, many AUTM members frantically contacted their congressional members a move that enabled many parts of the bill to be amended. However the senate bill remained to be harmonized. Following great concern from the university community and other bodies, a number of changes were made. One lobbying strategy, which financial services institution used was voicing their concerns through the AUTM, an organization of many universities and other bodies that induces closeness to industries. It should be noted that the AUTM and the university community were not in anyway against the improvement of US patent system. Their main concern was to see that before the bill was finally voted for in the senate, the contentious parts should be first fine-tuned. As a show of great support to the improvement of the US patent system, the university group therefore put fourth the following suggestions (i) a one-year grace period for first inventor and strong inventor oath should be included. ii)Removal of the previous user rights expansion in favour of study of issue university patent can be in a risk of expanding prior user rights iii) Venue reform provision that exempt universities and technology transfer foundations that offer patent services to universities. The bill as it were had many provisions that were of great concern to US universities chiefly because it undermined the ability of the universities to transfer technology to local industries. This was due to the making of patents difficult to protect decreasing the amount of damages patent holder can get from an infringer and opening new avenues for infringers to put to task the validity of issued patents. This change of USPTO rules and the issue of Supreme Court in mind made it more burdensome, and expensive to get, maintain and even enforce patents. It also poses difficulties for Universities when starting companies, which attract venture funding. Other areas, which concerned Universities and financial institutions were, are as follows:- i. A compulsory search report and analyses, which reflect heavily on the financial aspects of Universities on technology, transfer offices. ii. Absence of meaningful inadequate contact reform iii. An open-ended, post-grant administrative review of patent quality. iv. Venue reform policy that forces patentee to file suits in the infringer home district court and v. Apportionment of damages in patent infringement suits. Another strategic lobbying device at the disposal of financial institutions and other concerned organizations was through approaching federal relations officer near them. These federal relations officers are discharged with the main duty of acting as the intermediaries between the people and senate (legislators). Due to the bill, having so many controversial sections, there was an urgent need for the stakeholders to harmonize their divergent views and come up with a consensus. This was achieved through the congressional research service (CRS) an arm of United State Congress that provides policy and legal advices to committees and members of both the house and the Senate regardless of party affiliations. The CRS committee collects views from the public and then they act accordingly. Again, this CRS also carries out civic education concerning the interpretation of bills and their effect to the lives of the common person. Holding of workshops and seminars with the other stakeholders was another worthwhile strategy used to help bring every concerned party on board so that when the legislation is adopted no one would feel shortchanged. Workshops are known to bring warring parties together on a mutual agreement. These workshops therefore lobbied the opposing bodies into ceding some of their unrealistic demands. Financial services institutions through their attorneys lobbied the senate judiciary committee into making provisions that gave them more power in the using of technologies made by other inventors. These technologies are necessary in the improvement of banking services offered to customers. The bill therefore needed to be lobbied and subsequently harmonized. Conclusion The AUTM through their technology transfer managers evaluated impact of the long legislation on its general operations and therefore come up with a strategy, educate the university management and also other interested and the work with the federal relations officer, who in turn contacts the lawmakers. This technology transfer managers advice the legislators on the need to go the dialogue way so that at end of it all no constituency feels as being shortchanged by the passing of the patent reform legislation. In general, the current state of the bill would weaken the entire American patent system by making patented under to protect. The damages entitled to a patent owner after an infringement has been reduced adding salt to the wound. New avenues for infringers to challenge an already issued patent have also been opened. Although the bill continues to be harmonized bit by bit, the university technology transfer system still view some areas as not fully catered for. The legislation also provides for a patent trial and appeal bond, which is charged with the responsibilities of reviewing decisions of examiners upon applications and reexamination proceedings. Financial services institution therefore can utilize this avenue in addressing and subsequent challenging of the patent reforms legislations. This board comes as an indicator on how this reform legislation has deliberately been drafted and therefore only needs to be harmonized on the small areas. However, it is fair to say that America need this bill to at least bring some uniformity with rest of the world because it has been the only country adopting the first-invent system of patenting. Two, according to Senator Leahy, America needs an efficient and streamlined patent system if it is to remain in the forefront of the world economy. This patent will bring quality and at the same time discourage counter productive litigations. Senator Berman on his side argued that, there should be no doubt, as to whether the US system of patenting produces high quality patents, and therefore changing the existing patenting practices through the congress is the only way out. The bill also, should not be viewed with suspicion since it was founded and introduced in the two houses on a bipartisan basis. It is also the bedrock of American innovation, and therefore there is great need to protect innovation and creativity, according to Senator Hatch. Financial services industry being one of the major economic players of the United State of America, needs also to standup on its own and voice out their grievances. In addition, financial services institutions like banks and insurance companies have a duty to challenge the patent reforms legislation because they have started to seek protection from infringement lawsuits from patent sharks. This was facilitated through the introduction of financial patents. References; More about patent reforms, available at, 1) http://www.ipfrolmer.com/depts/artic.asp?id=14890&deptid=4, accessed on april30 2008 Effects of patent reforms, available at, 2)Http.economictrimes.com/article show/mst 22256,pr+page – 1.cms1) , accessed on april30 2008 Patent reforms for 21st cen. available at, 3) http://www ton.nap.eds/catalog//76.html) accessed on april30 2008 US patent and trademark office, available at, 4) http://www. Upstaged/web/ offices/ac/ido/oeip/taf/h-counts-html accessed on april30 2008 Regulations governing patent application, available at, 5) http://www. Wolf Greenfield. Com/media/news. 9.pdf) accessed on april30 2008 More about patenting, available at, 6)http://www.ipaustralia-gov.au/patents/what_index.sch.html) accessed on april30 2008 Patenting and innovations, available at, 7) Heller, M.A., & Eisenberg, R.S. (1998). Can Patents Deter Innovation? The Ant commons in Biomedical Research. Science. Different organizations response towards the patent reform bill, available at; 8) http://dev.bsa.org/country/public%20policy/patents.aspx, accessed on april30 2008

Judaism And Judaism - 2022 Words

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The Sale of Goods Act 1979 - Free Essay Example

Sample details Pages: 8 Words: 2381 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Act Essay Did you like this example? Long established precedents exhibited a contradiction made amid a sale of distinct items against one of goods by depiction. The former necessitating the purchaser to examine the goods and rely on personal awareness: caveat emptor, while the latter evincing the reflection of the goods with their contractual specifications. In a sale of unrecognized goods, reference to chartered description could only determine the features. Don’t waste time! Our writers will create an original "The Sale of Goods Act 1979" essay for you Create order This question calls for a study over the credenda of Implied Obligations which is concealed by the Sale of Goods Act 1979[1]. In order to compute the distinctive aspects of the proposal, the key substratum of Sections 13 and 14, citing a benchmark and quality of goods shall be abstracted. However, the core constituent of the analysis would be the scrutiny of each situation with the interpretation of variegated case law precedents cultured with time, statutory prerogatives and judicial maxims. (a) Primarily, half of the wine stock Rowena bought from Vic Ltd. was undrinkable yet such quota of ineffectuality was habitual for a matured drink of that sort. This signals a demanding assessment of the Sections 13 and 14 of the SGA 1979, correspondingly. Sale by description is the core potential behind the operation of S. 13. Initiating the statute, S. 13(1) holds that in the course of a contract, it is connoted that goods will match with their depiction[2]. In Varley V Whipp,[3] it was held that the buyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s dependence on the description revealed that sale by description was the essential term in the contract. S.13(3) expresses that if the goods are chosen by the buyer, there may be a deal by description and this has been demonstrated in Beale V Taylor,[4] where the buyer, purchasing the car after a thorough examination, was held to have intended to buy it through description rather inspection hence making it a sale by description. The Court of Appeal, in Re Moore Co Ltd. and Landauer Coà ¢Ã¢â€š ¬Ã¢â€ž ¢s Arbitration[5] noted that the purchaser was permitted to reject the items under S. 13 and Lord Atkin stated: à ¢Ã¢â€š ¬Ã…“There is, therefore an implied condition that the goods when tendered shall resemble with the descriptionà ¢Ã¢â€š ¬Ã‚ ¦the purchasers were permitted to discard the wholeà ¢Ã¢â€š ¬Ã‚ . Contrarily, in Arcos Ltd. V EA Ronaasen Son,[6] the House of Lords, upheld the buyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s right to decline for the breach with valid description and Lord Atkin held: à ¢Ã¢â€š ¬Ã…“A ton does not signify roughly a ton, or a yard roughly a yardà ¢Ã¢â€š ¬Ã‚ .[7] Detectable words in a contract are part of the item description and there is an antithetical congruity between those relating to quality and characteristics. In Proton Energy Group SA V Orlen Lietuva,[8] the descriptive words à ¢Ã¢â€š ¬Ã‹Å"Oil blendà ¢Ã¢â€š ¬Ã¢â€ž ¢ in Clause 2 were held to be a part of the contract description under S.13. However, whether the vintagesà ¢Ã¢â€š ¬Ã¢â€ž ¢ degree of satisfactory quality has to be now evaluated. S. 14 of the SGA 1979 encompasses provisions whereby ventures on the section of the dealer as to the nature of the items and their adequacy for a precise function, are foreshadowed into particular course of dealings. Hosting particular exceptions, the fundamental dictum of à ¢Ã¢â€š ¬Ã‹Å"caveat emptorà ¢Ã¢â€š ¬Ã¢â€ž ¢ administers this prospect of the precedent of business and this approach is engrained by S.14 (1). Corresponded by S.14 (2), under a commercial dealing, there is a meant indication that the goods are of a decent caliber. This falls beneath a legislative exception accompanying S.14 (3) and exclusively exercises à ¢Ã¢â€š ¬Ã…“where the dealer markets the itemsà ¢Ã¢â€š ¬Ã‚ [9]. A matter that if one sells à ¢Ã¢â€š ¬Ã…“in line of commercialismà ¢Ã¢â€š ¬Ã‚  where oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s business does not usually contain that of selling items, or of specific items, has now been deciphered by the Court of Appealà ¢Ã¢â€š ¬Ã¢â€ž ¢s ruling in Stevenson V Rogers[10], enouncing that the sale was made à ¢Ã¢â€š ¬Ã…“in the course ofà ¢Ã¢â€š ¬Ã‚  that business so as to escort the agreement within the ambit of S. 14. Likewise, the goods should be of à ¢Ã¢â€š ¬Ã…“merchantable valueà ¢Ã¢â€š ¬Ã‚  and appropriate for all purposes as per its definition in the Supply of Goods (Implied Terms) Act 1973. LJ Norse, in Harlingdon Leinster Enterprises V Christoph er Hull Fine Arts Ltd[11] was of the view that the description must be influential to the extent of being enforceable. There cannot be a sale by description where there is not a review of the parties that the buyer is relying on his own skill. Moreover, was the wine fit for the purpose under S.14 (3)? The courts have adopted a proposition that where the goods have a distinguished function, that deems to be their à ¢Ã¢â€š ¬Ã…“particularà ¢Ã¢â€š ¬Ã‚  purpose. Food, for example, would be appropriated for the purpose of being consumed (Wallis V Russell)[12], milk to be drunk (Frost V Aylesbury Dairy Co.)[13], and a hot water bottle swelled with hot water to warm a bed (Priest V Last)[14]. This backs the notion of aptness for purpose and the courts have adopted this expansive understanding to assist the buyer in the context of widespread remedies in a consumer sale. Assessing the facts in the light of the case law, it is viable to say that although Rowena did not taste the win e, it does not necessarily mean that she did not look at the bottles. If she had examined the stock, she would have already know about their undrinkable quality and age. In such a condition, Vic Ltd. would not be held liable but if she has not, the seller would not be held guilty. (b) The second portion revolves around the doctrine of awareness in the context of the quality of the wine and the defects. Rowena did not inspect the bottles at the time of the purchase and later found them to lack exclusive quality which she expected. Moreover, the fraud by the French producers of the wine also emerged. The quality of the wine, as discussed in the previous part, is defined under S. 14 of the Sale of Goods Act 1979. Goods are credited to be of a satisfactory quality if they meet the standard of a judicious person, considering their narrative and other aspects (S.14 (2A) SGA 1979). In Bernstein V Pamson Motors (Golders Green) Ltd[15], it was held that the car was likely to be unmarke table. Arguably, albeit the wine did not fall in the category of a fine, pleasant drink, it was of a satisfactory quality. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s worth and value equated to the one consumed by a reasonable person customarily. Moreover, S.14 (2C) of the SGA 1979 stipulates that if the buyer reviews the goods before entering into a contractual settlement, then the implied term as to the quality ceases. In Thornett Fehr V Beers Sons[16], the defendants had inspected the goods and there was no implied arrangement that the glue was of merchantable quality. Likewise, in the celebrated case of United Central Bakeries Ltd V Spooner Industries Ltd[17], it was stated by Lord Hodge that the check of satisfactory quality is on a complete objective base and the court situated itself in the independent reasonable purchaser with knowledge of all the applicable facts and Spooner was held to be in breach of the implied condition under S. 14(2). Moreover, the express term in Dalmare SpA V Unio n Maritime Ltd[18] did not omit S. 14 which had been breached. Rowena did not taste the wine before obtaining the stock from Vic ltd. hence it can be indicated that the implied term as to the quality applies in this representation. If she had inspected the wine, the term would not have been enforceable. The crux of the contractual settlement was based on a sale by description as no investigation of the wine had taken place from Rowenaà ¢Ã¢â€š ¬Ã¢â€ž ¢s side. The quality can be reasoned on the ground of reasonableness because although the wine does not belong to a supreme brand, it still displays a satisfactory quality which fulfills S. 14 (2A). Sections 14(2D) and (2E) of the SGA 1979 encompass the à ¢Ã¢â€š ¬Ã‹Å"relevant circumstancesà ¢Ã¢â€š ¬Ã¢â€ž ¢ in S.14 (2A) by containing any public declarations about specific features of the items. If they are mislabeled, by the vendor himself, his representative or the manufacturers, the vendor may be held accountable. However, there a re some departures to this rule. Primarily, if the vendor was not and could not rationally have been aware of the statement[19] and secondly, the clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s choice to buy the goods was not influenced by the statement.[20] Henceforth, in the situation presented, if either of the exceptions exist, Vic Ltd. can escape its accountability. (c) Advancing in the dialogue, the vintage carrying a large volume of sulphur, has to be analyzed, which poisoned a customer whom Rowena had to reimburse for the unfortunate mishap. In order to evaluate this scenario, the concept of the Exclusion of Implied Terms under the Sale of Goods Act 1979 shall be considered along with the case law precedents. In Griffiths V Peter Conway Ltd.[21], both the defendants and plaintiff were uninformed of the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s unusual sensitivity of her skin and Branson J. dismissed the action and his ruling was acknowledged by the Court of Appeal. He stated à ¢Ã¢â€š ¬Ã…“The specific purpose of the goods was to be worn by the woman suffering from the abnormality and if one undergoing such an illness needs an article for oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s use, desiring to acquire the benefit of the implied condition and does not notify the seller, the seller cannot exercise his or her expertise and knowledge to measure the appropriateness of the item for that particular individualà ¢Ã¢â€š ¬Ã‚ . Peter Conway can be distinguished with Grant V Australian Knitting Mills[22]. It was stated that there was a sale by description even though the plaintiff had inspected the goods because the inspection could not disclose the occurrence of the sulphites. The exact purpose needs to be made known to the seller. In Grant, the particular purpose can be implied but in Peter Conway, due to the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s specific body condition, she must have specifically clarified her particular aim to the seller. The exact purpose cannot be implied due to her special condition. More over, in Christopher Hill Ltd. V Ashington Piggeries Ltd.[23], the Court of Appealà ¢Ã¢â€š ¬Ã¢â€ž ¢s verdict was overturned and it was held that the seller was accountable to the purchasers for breach of S. 14(1) of the Act of 1893. It was recognized that the herring meal contained a poison, harmful to an extensive range of animals rather than only minks. Lord Wilberforce stated: à ¢Ã¢â€š ¬Ã…“Any overall appropriateness would be the merchantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ accountabilityà ¢Ã¢â€š ¬Ã‚ .[24] Lord Diplockà ¢Ã¢â€š ¬Ã¢â€ž ¢s opinion in Ashington Piggeries was considered in Jewson Ltd. V Kelly[25] where Clarke and Sedley L.JJ., both commented on the dichotomy between S.14(2) and S.14(3). The former establishing a broad standard while the latter striking à ¢Ã¢â€š ¬Ã…“a certain compulsion tailored to the specific conditions of the careà ¢Ã¢â€š ¬Ã‚ . As Mr. Kelly had not made his purpose sufficiently distinct to the seller, there was no breach of the implied term. In Henry Ken dall Sons V William Lillico Sons Ltd.[26], although the component was lethal to poultry, it was impeccably appropriate for livestock and the House of Lords held that it was merchantable. Consequently, in Cammell Laird and Co. Ltd. V Manganese Bronze and Brass Co. Ltd.[27], it was stated that the retailer was in breach of S. 14(1) and there was an implied condition that the propeller should be rationally suitable for use on the specific ship for which it was required, and it was not. Concluding the discussion, it can be stated that Rowena needs to notify Vic Ltd. expressly about the possible occurrence of such a constituent in the wine which might unfavorably affect her clients in any case. Only if she had particularly done so, she can bring a successful claim. Bibliography Case Law: Varley V Whipp[1900] 1 513 (QB) Beale V Taylor[1967] 1 W.L.R. 1193 (CA) Re Moore Co Ltd. and Landauer Coà ¢Ã¢â€š ¬Ã¢â€ž ¢s Arbitration[1921] 2 K.B. 519 (CA) Arcos Ltd. V EA Ronaasen Son[1933] A.C. 470 (H.L) In Proton Energy Group SA V Orlen Lietuva[2013] E.W.H.C. 2872 (Comm) Stevenson V Rogers[1999] 1 All E.R. 613 (CA) Harlingdon Leinster Enterprises V Christopher Hull Fine Arts Ltd[1990] 1 All E.R. 737 (CA) Wallis V Russell[1902] 2 I.R. 585 (CA) Frost V Aylesbury Dairy Co.[1905] 1 K.B. 608 (CA) Priest V Last[1903] 2 K.B. 148 (CA) Bernstein V Pamson Motors (Golders Green) Ltd[1987] 2 All E.R. 220 (QBD) Thornett Fehr V Beers Sons[1919] 1 K.B. 486 (KBD) United Central Bakeries Ltd V Spooner Industries Ltd[2013] 150 (CSOH) Dalmare SpA V Union Maritime Ltd[2012] E.W.H.C. 3537 (Comm) Griffiths V Peter Conway Ltd[1939] 1 All E.R. 685 (CA) Grant V Australian Knitting Mills[1936] A.C. 85 (PC) Christopher Hill Ltd. V Ashington Piggeries Ltd[1972] A.C. 441 (HL) Jewson V Kelly[2003] E.W.C.A. Civ 1030 (CA) Henry Kendall Sons V William Lillico Sons Ltd[1969] 2 A.C. 31 (HL) Cammell Laird and Co. Ltd. V Manganese Bronze and B rass Co. Ltd.[1934] A.C. 402 (HL) Legislation: Sale of Goods Act 1979 Supply of Goods (Implied Terms) Act 1973 Book: LS Sealy and RJA Hooley,Commercial Law, TEXT, CASES AND MATERIALS (4th, Oxford University Press, United States 2009) 397 Word Count: 1,941 [1] Hereafter abbreviated to SGA 1979 [2] Sale of Goods Act 1979 s 13(1) [3] Varley V Whipp[1900] 1 513 (QB) [4] Beale V Taylor[1967] 1 W.L.R. 1193 (CA) [5] Re Moore Co Ltd. and Landauer Coà ¢Ã¢â€š ¬Ã¢â€ž ¢s Arbitration[1921] 2 K.B. 519 (CA) [6] Arcos Ltd. V EA Ronaasen Son[1933] A.C. 470 (H.L) [7] à ¢Ã¢â€š ¬Ã…“A ton does not mean about a ton, or a yard about a yardà ¢Ã¢â€š ¬Ã‚ . [8] In Proton Energy Group SA V Orlen Lietuva[2013] E.W.H.C. 2872 (Comm) [9] Sale of Goods Act 1979 s 14(3) [10] Stevenson V Rogers[1999] 1 All E.R. 613 (CA) [11] Harlingdon Leinster Enterprises V Christopher Hull Fine Arts Ltd[1990] 1 All E.R. 737 (CA) [12] Wallis V Russell[1902] 2 I.R. 585 (CA) [13] Frost V Aylesbury Dairy Co.[1905] 1 K.B. 608 (CA) [14] Priest V Last[1903] 2 K.B. 148 (CA) [15] Bernstein V Pamson Motors (Golders Green) Ltd[1987] 2 All E.R. 220 (QBD) [16] Thornett Fehr V Beers Sons[1919] 1 K.B. 486 (KBD) [17] United Central Bake ries Ltd V Spooner Industries Ltd[2013] 150 (CSOH) [18] Dalmare SpA V Union Maritime Ltd[2012] E.W.H.C. 3537 (Comm) [19] Sale of Goods Act 1979 s 14(2E)(a) [20] Sale of Goods Act 1979 s 14(2E)(c) [21] Griffiths V Peter Conway Ltd[1939] 1 All E.R. 685 (CA) [22] Grant V Australian Knitting Mills[1936] A.C. 85 (PC) [23] Christopher Hill Ltd. V Ashington Piggeries Ltd[1972] A.C. 441 (HL) [24] Lord Wilberforce at p.490 [25] Jewson V Kelly[2003] E.W.C.A. Civ 1030 (CA) [26] Henry Kendall Sons V William Lillico Sons Ltd[1969] 2 A.C. 31 (HL) [27] Cammell Laird and Co. Ltd. V Manganese Bronze and Brass Co. Ltd.[1934] A.C. 402 (HL)

Analysis Of On The Pulse Of Morning Essay - 1990 Words

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Engineering Project Preparation Global Manufacturing Market

Question: Discuss about the Engineering Project Preparation for Global Manufacturing Market. Answer: Introduction This project is developed in order to improve the production process of the photocopy machine manufacturing company Xerox. The purpose of this project is to reduce the inventory defects that the company is facing presently. In addition, in this project, it has been discussed how the company can use different tools and techniques such as Six Sigma and lean management to reduce various types of wastes such as time over production. As Zaman and Lehmann (2013) stated that, there are mainly eight types of wastes can be found in the manufacturing industry, overproduction, delay of production, inefficient utilization of skills, inefficient transportation, ineffective inventory, unnecessary movement of products and excess processing. Depending on the type of wastes that the company Xerox is facing appropriate process design plan has been developed. All theoretical models have been discussed which are needed to implement in a different stage of the process. Finally, a Gantt chart has been giv en to conduct the project plan within specified period. Literature Review There are various research works developed by researchers previously. Kidde et al. (2013) had developed a study to provide an overview of electronic waste management approaches. It has been found from this study that, electronic waste is one of the fastest growing pollution related issues globally. There are various types of toxic substances are present in e-waste which can threaten the human health. There is table given below in order to find out the quantity of e-waste produced by manufacturing industries of different countries such as Japan, China, and the USA. 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(2012), it has been found that approaches such as lean production supply chain can help to improve product quality and business performance of an organization. This study has been developed in Malaysian manufacturing industries. It has been found that implementing efficient lean production SCM can help the companies in Malaysia to improve their business performance. Production managers of different organizations can gain adequate knowledge about lean management as this study suggests some factors that needed to be emphasized in lean production. Conger (2015) had developed a study to indicate the importance of Six Sigma model in business process management. As Conger (2015) stated that, six-sigma process can help to eliminate all unnecessary steps from a business process. It has been found that the mobile manufacturing company Motorola has implemented six sigma models effectively. It has reduced the production of faulty product from 9.3 defects per million to 3.4 defects per million (Seuring 2013). Effective implementation of Six Sigma model helps the company to increase efficiency of Motorola from 99.95% to 99.9997% (Conger 2015). After analyzing all these previously done research works, it has been found that the first step of process management is to understand the process. It includes points such as stages of the process, product measures and errors related with the process. Depending on these factors, waste management efficient business operation procedure needs to be developed. It includes tool such as six sigma and le an management. Research questions aim and sub-goals Research questions What is the business process used by the organization Xerox? What are the major faults that the organization is facing in its business process? How different business management tools canbe implemented to improve the business process of the organization? Research aim The principal aim of this research work is to find out how an organization can apply various tools such as six sigma and lean management in order to improve faults of the business process. The subgoal of this research work is to find out the issues that the organization Xerox is facing in its business operation. Theoretical Content Research Hypothesis H0: Implementation of various operation management tools has little impact on the business operation of an organization H1: Implementation of various operation management tools has high impact on the business operation of an organization The business operation of an organization can be divided into two different types. They are such as designing of the product or service development process and design of the production process. As Yeheyis et al. (2013) mentioned that there are some mandatory criteria that the product or service development process of an organization needs to follow. They are such as attractiveness, reliability, user-friendliness and environmental friendliness. The company Xerox was founded in the year of 1960 (Seuring 2013). However, during the 1970s, the total productivity of the company was reduced by 20% due to increase competition in the market (Agus et al. 2012). Most of the Japanese companies concentrate on the high quality of production and low volume copiers. It has been found that due to unnecessary business process the production cycle time of the company is 2 times more than its competitors such as Kodak (Hajmohammad et al. 2013). Moreover, the company has ten times more rejection rate and 7 times manufacturing defects than its competitors (Kreimeier et al. 2014). For this reason, the market share of the organization had fallen more than 50%. Hence, it has become necessary to implement change in the product and service development procedure of the organization. The company should implement changes in various areas such as product planning, distribution, development of unit objectives and focus on customers.There are five major s teps can be applied to improve the product and service development process of the organization. They are such as idea generation, idea screening, preliminary design, review of the design and final review (Fullerton et al. 2013). There are various techniques can be implemented by the organization for effective idea generation. They are such as Brainstorming, min mapping, lateral thinking and Delphi Method. Experimental Set-up In this section,an experimental set-up has been developed to implement Six Sigma model so that operation management of the organization can be improved. As Yeheyis et al. (2013) mentioned that Six-Sigma is a customer based, top-down managed, strategically aligned and fact drove analysis. It requires a trained workforce in order to solve the predominantly complex problem in the business process. Figure 2: Six-Sigma Framework (Source: Yeheyis et al. 2013) In order to implement six sigma models, Xerox Company needs to develop dedicated infrastructure. The company needs to concentrate on critical customer opportunity. The company needs to provide significant training to the employees so that they become capable of using six-sigma framework. The company needs to implement black belt improvement specialists. It is required to link the customer focus with the strategies and objectives of the organization. In order to implement Six Sigma model effectively in the organization, a streamlined value chain process in order to consistently supply high quality products and service to the. Figure 3: Effective implementation of DMAIC in the project framework of Xerox (Source: Solano et al. 2012) As Becker et al. (2013) stated that it will also help to improve speed and efficiency of the production.In order to eliminate process defects and reduce variation lean management system can be used. As Hajmohammad et al. (2013) stated that lean process helps to reduce waste and increase the speed of the manufacturing process of the organization. In order to analysis, the flow of materials and information from the customer to supplier and vice versa Value stream map can be used. There are five stages, in which company Xerox can apply Value Stream Map in the business process of the organization. These scenes are mentioned below: Stages Activities Stage 1 Step one is related to the identification of the target product and product family. In the case of company Xerox, the target product is the photocopy machines. Stage 2 Development of the current state value streams map, which will indicate immediate steps, delays that the company is facing to produce the target product or service. Stage 3 Assessing the current value stream map in order to create flow by eliminating waste Stage 4 Development of a future state of value streams map Stage 5 In the last stage, the company needs to develop the future state condition for the organization. Figure 4: Steps to implement value stream map (Source: Seuring 2013) Figure 5: Value stream map implementation in the company Xerox (Source: Agus et al. 2012) Relevance of the result and outcome Effective implementation of lean six sigma model will help the organization Xerox to understand the actual needs and values of customers. It is expected that effective implementation of Lean Six Sigma process can help to transform the organizational culture of Xerox positively. It is also expected that this lean Six Sigma process will also help to improve overall operating procedure of the with the help of fact-based, disciplined decision making and measurable outcomes. The combination of these powerful approaches will be implemented in the organization Xerox. It is expected that the lean procedure will increase the speed of production and lower the cost of production. It is expected that lean process will identify the non-value steps and other causes of delay for the organization Xerox. With the help of Value Stream Map analysis, the company will be able to cut down the causes of delay. On the other hand, effective implementation of Six-Sigma process can improve the organizational culture. The practical implication of DMAIC process can help to eliminate variation from the production process and enhance performance on consumer CTQs. Effective implementation of this hybrid approach will contribute to reducing the production cost of the company by 30%. It is expected that the company will save approximately $1.2 million per annum by implementing lean six sigma model. Figure 6: Expected positive outcome Lean Six Sigma model (Source: Conger 2015) Project planning and Gantt chart In order to develop effective project plan, a workflow diagram has been given below: Figure 7: Workflow diagram for the project plan (Source: Author) Three major review points for this research work are such as gathering information about the key issues of the organization, analyzing previous research work to find out different approaches to solving operational issues of the company. The third one is the development of a hybrid model (combination of 2 or more than two models) to solve the issues faced by the organization. All these tasks are planned to be conducted within 16 weeks (1 semester). There is a Gantt chart given below to demonstrate a proper plan to carry out this research. Figure 8: Gantt chart for the project plan (Source: Author) Conclusion In this report, it has been discussed how a manufacturing company such as Xerox can improve its production process. It has been found that the company has not given required focus on the quality of production and waste management procedure. For this reason, the company is not able to cope up with its competitors such as Kodak. From various previous research works, it has been found that tools such as lean management and Six-Sigma model can be used effectively to improve the business operation of an organization. Hence, a hybrid model will be used (lean six sigma) in the business operation of the company Xerox. It is estimated that this hybrid approach will help the company to reduce its production cost by 30%. Reference list Agus, A. and Shukri Hajinoor, M., 2012. Lean production supply chain management as driver towards enhancing product quality and business performance: Case study of manufacturing companies in Malaysia. International Journal of Quality Reliability Management,29(1), pp.92-121. Becker, J., Kugeler, M. and Rosemann, M.., 2013.Process management: a guide for the design of business processes. Springer Science Business Media. Conger, S., 2015. Six sigma and business process management. In Handbook on Business Process Management. Springer Berlin Heidelberg. Fullerton, R.R., Kennedy, F.A. and Widener, S.K., 2013. Management accounting and control practices in a lean manufacturing environment. Accounting, Organizations and Society,38(1), pp.50-71. Hajmohammad, S., Vachon, S., Klassen, R.D. and Gavronski, I., 2013. Reprint of Lean management and supply management: their role in green practices and performance.Journal of Cleaner Production,56, pp.86-93. Kiddee, P., Naidu, R. and Wong, M.H., 2013. Electronic waste management approaches: An overview.Waste Management,33(5), pp.1237-1250. Kreimeier, D., Morlock, F., Prinz, C., Krckhans, B., Bakir, D.C. and Meier, H., 2014. Holistic learning factoriesA concept to train lean management, resource efficiency as well as management and organization improvement skills.Procedia CIRP,17, pp.184-188. Seuring, S., 2013. A review of modeling approaches for sustainable supply chain management.Decision support systems,54(4), pp.1513-1520. Solano, E., Ranjithan, S.R., Barlaz, M.A. and Brill, E.D., 2012. Life-cycle-based solid waste management. I: Model development.Journal of Environmental Engineering,128(10), pp.981-992. Yeheyis, M., Hewage, K., Alam, M.S., Eskicioglu, C. and Sadiq, R., 2013. An overview of construction and demolition waste management in Canada: a lifecycle analysis approach to sustainability.Clean Technologies and Environmental Policy,15(1), pp.81-91. Yeheyis, M., Hewage, K., Alam, M.S., Eskicioglu, C. and Sadiq, R., 2013. An overview of construction and demolition waste management in Canada: a lifecycle analysis approach to sustainability.Clean Technologies and Environmental Policy,15(1), pp.81-91. Zaman, A.U. and Lehmann, S., 2013. The zero waste index: a performance measurement tool for waste management systems. Journal of Cleaner Production,50, pp.123-132.

Prevalence Trends and Environmental Influences

Question: Discuss about the Prevalence Trends and Environmental Influences. Answer: Introduction Obesity and child overweight are prevalent globally. The issue of obesity and child overweight is associated with hypertension, heart diseases, and diabetes just to mention a few. Childhood and adult obese are related to the number of obese males and female children account for 66% and 79%, which is similar to obese adults. Health services and district/country- childhood has focused economic cost upon hospitalization for the commodities of obesity, the increased expenditures are due to the increase in the outpatient and emergency room visits as well as prescription drug expenditures. When the normal children are compared with the overweight children, we find that the children suffering from obesity register a higher outpatient visit expenditure, higher prescription drug expenditures, and emergency room visit expenditure. Obesity is measured using the BMI. The paper assesses the national prevalence of obesity in school going children of the United Arab Emirates (UAE). A 10% stratified random sample of children was taken from a completely 16,391 children in the United Arab Emirates[3]. Physicians and trained nurses measured the height and weight of these children and their body mass index (BMI) was computed. The BMI s of the United Arab Emirates were the compared with the most recent international standards that had been published and it showed that the children are a high increased risk of overweight and obesity. For example, the obesity in the female children is same as the obesity in a male who are fourteen years old. At eighteen years in females, the obesity is 1.9 fold higher than the most recent international standards that were published. In general, the rate of obesity among the youth is two to three times greater than the most recent published international standard. Obesity and overweight have very significant consequences as well as implications for a persons health, social care and the economy of the country. Effects of obesity on the following levels; as an individual with the condition of obesity, one will face several challenges in life like; theis increased in the risk of developing a wide range of serious diseases such as heart disease, high blood pressure, strokes, type II diabetes, non-alcoholic fatty liver disease, fertility problems, as well as some cancers. In childhood obesity, there consequences in physical and mental health both long term and short term. In addition, obesity facilitates to several psychological problems like anxiety, mood disorder, poor self-esteem, poor quality of life, and dissatisfaction of the body. Obesity has been linked with low concentration levels, social exclusion in schools and poor academic success. Social lives of children who are obese are also at risk, they tend to suffer from discrimination and prejudice, fewer friends and a very low educational attainment. Families are the most important influences on the health choices that the children and youth make. Therefore, parents and guardians have a higher potential for preventing obesity and excess weight gain. The lifestyles we have adopted promote unhealthy eating and encourage sedentary activities better than physical activities. However, parents and guardians can take charge, provide their children, and share experiences necessary to ignore and put away the unhealthy cues and be able to make healthy choices to prevent excess weight gain and obesity. Childhood has focused economic cost upon hospitalization for the commodities of obesity; the increased expenditures are due to the increase in the outpatient and emergency room visits as well as prescription drug expenditures. When the normal children are compared with the overweight children, we find that the children suffering from obesity register a higher outpatient visit expenditure, higher prescription drug expenditures, and emergency room visit expenditure. Causes and factors that influence the emergence of this disease. Looking at obesity just on the surface, its cause looks to be very simple, that once you consume high levels calories compared to what your body can burn as energy through the physiological activities then one will simply increase weight. However, like many other things this simple explanation is always incomplete. The risk factors, which eventually lead to obesity, are a combination of socioeconomic factors, genetics, lifestyle choices, metabolic factors, and many other factors. Other causes are endocrine disorders, medicines, and diseases[4]. The common factors causing obesity include: According to Malik, one can inherit a tendency that will lead to obesity. If it happens that one or both of ones parents is obese then the chances of being obese increase by a whole twenty-five percent[5]. Heredity tends to also influence where one can carry weight, could be the hips, or the middle of ones body. Metabolic expending energy is different in different people. Hormonal factors and metabolism are not the similar for everyone, but these factors play a major role in ones weight gain. Studies prove that peptide hormone and ghrelin regulate appetite, other peptide trigger hunger and give one a feeling of being full after eating[6]. Overeating combined with sedentary lifestyle leads majorly to obesity. Changing ones character can easily change these lifestyle decisions. If ones diet contains calories from highly fat, sugar, and refined foods then one is likely to gain weight and be obese. Coupling this with no regular exercises it becomes very difficult or one to lose weight or just maintain their weight. In children and the youth, activities, which do not expend energy, like watching TV and sitting at a personal computer greatly leads to weight gain. Role played by globalization, culture, and nutrition transition in the development or extent of obesity Nutrition transitions refer to the modernization, development of the economy, urbanization and increased income, which facilitates to the predictable shifts in diet[7]. Nutrition transition is categorized into five distinctive patterns they are; These are individuals, who lead a very active lifestyle; they hunt and forage for food. Their diet is composed of fibrous plants and very rich in protein from the lean animals they hunt in the wild[8]. As the income, keeps increase these individuals, have a better access to the abundant foods rich in calories, and thus become lesser active. This, therefore, leads to obesity and other obesity-related chronic diseases like heart disease, some cancers, and diabetes[9]. In response to the high frequency of obesity and the obesity-relateddiseases, these individuals are forced to change their behaviors and the community promote the character changes which will avoid such conditions. The middle-income countries like the United Arab Emirates are moving from pattern three rapidly, which is the end of drought to part four, which is consuming many energy-dense diets. This kind of shift from the traditional cultural diets to the lifestyle in the developed countries is the major contributor to obesity and excess weight gain. The effects of sex, age, and genetics Science proves that genetics have a role in obesity. Genes have the power to cause obesity in disorders like Prader-Willi syndrome. Genes will not always predict ones future health but genes and character are both needed for one to be obese. In many occasions, multiple genes will require ones susceptibility to excess weight gain and other factors required such as little or no physiological work. Women have a poor obesity-related QOL as compared to the men. In lower age groups, obese women have a poor obesity-related QOL as compared to the normal womens weight. In men, however, the obese men have no difference at all in obesity-related QOL. In older age groups, obese men have better QOL than the normal men and the women still have a poor QOL[10]. Obesity has become the main influence on the development of the cardiovascular diseases and thereby affecting the physical and also social functioning as well as the quality of life. The importance of effective interventions that will reduce obesity has really increased as the number of children and the adults who are obese is now at epidemic proportions[11]. Population-based strategies prevent the development of obesity and overweight throughout life by improving physical and social environments contexts for physical activity and healthy eating is very important. The population-based approaches to prevent obesity and overweight recommend approaches that can complement individually oriented interventions and also clinic-based prevention as well as programs for treatment. Almost all the current eating and activity patterns in the United Arab Emirates are those that lead to weight gain and obesity. Population approaches coupled with policy and environmental changes have the capability to increase the opportunities for healthier eating behaviors, physical activity that will not require a deliberate action by individuals and will help in addressing inequalities[12]. Modifying people lives through population-based approaches to affect peoples choices includes having the following areas assessed to identify the targets for change; locations of first food restaurants, adequate sidewalks that will promote physical activity, availability of public means of transport, restaurant portion sizes and the availability of low-fiber foods, high fat and sweetened foods. Public Health Approach Reducing the mobility and mortality that is related to obesity is actually a public health priority. The government has come up with various interventions in schools in the United Arab Emirates, which aim to achieve or maintain a healthy weight among the children and the youth. A good example of the strategies to prevent obesity is the School-Based Programs. The school environment is very important being that ninety percent of the Arab children and youth at the age of five to seventeen are in school and they eat one to two meals there[13]. This program targets the children in schools and the intended outcome is to achieve or maintain a healthy weight. This program includes nutrition education as well as exercise components. This prevention strategy in schools is implemented in the following ways; limiting access to unhealthy foods such as refined grains, potatoes, sweets, red and processed meat in the school environment, increasing physical activities by incorporating games after classes, P.E lessons where children play, including sports days in the school calendar etc[14]. Giving the students enough homework so as to limit the television time, screen time and all other set time activities which do not expend energy. In addition, lower grade children should be allocated time for sleeping in order to reduce their stress levels[15]. When all this is done properly in an institution then the risk of obesity will be highly reduced. Challenges, barriers in the implementation The numbers of the controlled preventive strategies that target children are relatively small. School-based programs have succeeded in reducing the dietary fat intake, energy intake and limiting the sedentary activities like watching television. The short-term intervention programs have been documenting successful BMI changes, which in turn open long-term interventions[16]. However, there is an increased concern in the obesogenic environment. The characteristics of this environment make energy balance maintenance become difficult. The environment has high energy density and foods that arent expensive, which increase the opportunities to consume[17]. Reduced physical activities due to automobile, elevators, as well as escalators, are the major causes of obesity. The sedentary leisure time is increased and there are limited opportunities to have physical recreational activities. Definitely, both children and their families are always put to this kind of unhealthy environment and thus all efforts that are associated with modifying excess weight gain and obesity must address the societal and cultural factors or at the very least consider the potential impact on household based or school prevention programs[18]. The government of the United Arab Emirates should insist on the prevention strategies of obesity and excess weight gain and limit the sedentary lifestyle completely. This can be done by making policies that people will be forced to adhere to. Incorporating prevention strategies at almost all public and private setting is yet another solution towards the challenges faced in preventing obesity[19]. Conclusion Obesity is associated with some of the major leading cause of health complications. In addition, obesity can contribute to psychological issues like depression, anxiety, low quality of life, and poor self-esteem. For school going children, obesity can lead to reduced concentration levels, low level of academic success, and exclusion. In this case, the social life of obese children is wanting as most of this children face discrimination from the other children. Parents and caregivers have the responsibility of ensuring children take the right foods and in correct portions. Therefore, parents and caregivers have the duty to prevent overweight and obesity in children. Other than food intake, parents should encourage their children to participate in physical activity. In addition, proper health choices should make available to children in order to prevent obesity and overweight. Bibliography Al-haddad FH, Little BB, Abdul Ghafoor AG. Childhood obesity in United Arab Emirates schoolchildren: a national study. Annals of Human Biology. 2005 Jan 1;32(1):72-9 Malik M, Barry A. Prevalence of overweight and obesity among children in the United Arab Emirates. 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