Application Software free essay sample

Software Managing Information Systems David Khuong National American University Author Note This paper was prepared for Managing Information Systems, Course ID: MT3500/CI3510, taught by Dr. Kim Eastern LP2 Assignment: Applications Software The three primary features commonly used applications software that will be summarized in this paper are personal application software, workgroup application software, and enterprise application software. Personal Application Software’s 1) Word processing; helps create, edit and print text documents. I. e. , Microsoft word, Corel WordPerfect, Google Docs, Apple Pages and Sun Writer. 2) Spreadsheet; provides a wide range of built-in functions for statistical, financial, logical, database, graphics, and date and time calculations. I. e. , Microsoft Excel, IBM Lotus 1-2-3, Google Spreadsheet, Apple Numbers and Sun Calc. 3) Database; stores, manipulate, and retrieve data. I. e. , Microsoft Access, IBM Lotus Approach, Borland dBASE, and Sun Base. 4) Graphics; develop graphs, illustrations, and drawings. I. e. , Adobe Illustrator and Adobe FreeHand. 5) Project management; plans, schedule, allocate, and control people and resources needed to complete a project according to schedule. We will write a custom essay sample on Application Software or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 6) Financial management; provides income and expense tracking and reporting to monitor and plan budgets. I. e. , Intuit Quicken. ) Desktop publishing; use with personal computers and high-resolution printers to create high-quality printed output, including text and graphics, various styles of pages can be laid out; art and text files from other programs can also be integrated into published pages. I. e. , Quark Xpress, Microsoft Publisher, Adobe PageMaker, Corel Ventura Publisher, and Apple Pages. Workgroup Application Software Support local and international teamwork and utilizes groupware; software that helps groups of people work together more effectively. Groupware is defined by Ernst amp; Young’s rules â€Å"Three Cs†. * Convenient; if it’s too hard to use, it’s not used; it should be as easy to use as the telephone. * Content; it must provide a constant stream of rich, relevant, and personalized content. * Coverage; if it isn’t conveniently accessible, it might never be used. Enterprise Application Software * Software developed to benefit the entire organization. * (ERP) Enterprise resource planning software; set of integrated programs that manage a company’s critical business operations for an national and international organization. Application software is integral for information Decision Support, and Specialized Purposes. Overall the application software applies the power of the computer to solve problems and perform specific tasks throughout the organization from personal, local to global level. References Fundamentals of Information Systems, Sixth Edition. Chapter 2, Hardware and Softw are. Retrieved from: https://online. national. edu/d2l/lms/content/viewer/main_frame. d2l? ou=20924amp;tId=921805

Would Globalization Tie the World Together or Tear it Apart Essays

Would Globalization Tie the World Together or Tear it Apart Essays Would Globalization Tie the World Together or Tear it Apart Essay Would Globalization Tie the World Together or Tear it Apart Essay Essay Topic: Apocalypse Now â€Å"If you were to look at the Harvard course catalog, you might think that Government was the department that handled political economy† (Eggers).   As globalization is the most popular system discussed in the field of political economy today, the fact that politics impacts this system is absolutely clear.   Hence, globalization as a system cannot be run like a business that only functions to maximize profits.   After all, there are political agendas intimately connected to this system.   These agendas determine whether globalization would tie the world together or tear it apart – an oft debated issue in scholarly literature on globalization.Does Globalization Accompany Integration or Disintegration?The very fact that this issue is oft debated reveals that globalization is not tying the world together, hence it is expected to tear it apart.   Arnold writes that global markets are a mirage.   In other words, markets are not being ho mogenized despite the fact that global brands like Coca Cola are available almost everywhere.   Also according to the author, who is a respected former faculty member of Harvard Business School, markets around the world are becoming more local and fragmented as time goes on.   Each market that an international business considers entering must be assessed not only for its revenue potential but also needs specific to the market segment that the organization desires to sell its products or services to (Arnold).   Thus, Arnold explains how companies ought to â€Å"buy globally, sell locally† (122-25).Among other things, this concept calls for organizations considering going international to develop a globalized or universal mindset.   A company that buys globally is best able to tap into new international business opportunities.   What is more, buying globally gets the purchaser acquainted with different cultures.   If, in future, the purchaser intends to start an int ernational business, his or her knowledge of various cultures would certainly help.   An organization that decides to sell its products and services to Ethiopians, for example, has to study the culture of the target market.   So, even though the question of whether globalization would homogenize cultures is oft debated, the system of globalization is not set to tie the world together.Friedman writes that the Cold War system was a divided one, while globalization calls for integration.   ‘The Wall’ defined the old system, whereas the new system relies on ‘The Web’ (Friedman).   Moreover, â€Å"No two countries that both had McDonalds had fought a war against each other since each got its McDonalds† (Friedman 195).   Thus, globalization is conducive to both peace and economic growth.   Even so, Americanization and globalization go together, and the backlash against globalization comes from have-nots that do not possess the resources of the United States and could therefore turn out to be America’s enemies.   Friedman mentions terrorism in this context, and relates its causes to America’s success in the global economy.   To put it another way, Americanization is a symbol of America’s power around the globe.   And, this calls for envy and resentment on the part of those who have not the markets and the military might of the United States (Friedman).But, the author fails to explain how global political problems can be surmounted in the system of globalization.   After all, globalization has not ended wars around the world.   It is generally believed that an increase in international trade is accompanied by an increase in income inequality, seeing that the majority of the people in developing nations are poor and cannot afford to purchase relatively expensive foreign goods in the local market, nor form big enterprises to sell to the foreign public.   Friedman agrees that globalization incr eases income inequality around the world.   He further states that if globalization is managed correctly, it is expected to help our world in significant ways.   In fact, the United States could play a unique role in stabilizing the system of globalization (Friedman).   Then again, if the world cannot turn its back on globalization, as Friedman argues, it is essential to consider reasons why political problems between the United States, European Union and the developing world cannot be sufficiently resolved for everybody to benefit from globalization.   The United States, for example, could have opted to support developing countries in joining the Electronic Herd or financial markets on the Internet.   Instead, the United States and the European Union engage in war after war in poor countries where terrorists fight for income equality.After all, there is a new belief system that has been adopted by Western nations at the same time as the system of globalization is analyzed and reanalyzed throughout the world.   Huntington’s thesis in â€Å"The Clash of Civilizations† is based on the assumption that the world requires perpetual conflict to go on existing, which is why civilizations must clash in the post-Cold War era.   The author insists, in particular, that Islam must certainly clash with the West during this period.   Although Huntington’s prophecy has been fulfilled, especially after the events of September 11, 2001, many believe that this clash of civilizations is sustained by separatists, bigots or racists alone.   Hence, this clash was neither unavoidable, and nor is it impossible to put an end to it.   In other words, Huntington’s arguments are valid only in the viewpoint of those that are ignorant, as Said would claim.Also according to Said, the article, â€Å"The Clash of Civilizations† was â€Å"intended to supply Americans with an original thesis about ‘a new phase’ in world politi cs after the end of the cold war.†Ã‚   Unfortunately, racism has always plagued America, which is why countless Americans did not question Huntington’s main argument – that Islam and the West must clash, as the Muslims try to obtain great wealth and military power to counter Westerners.   Said further notes that there are â€Å"uncountable†¦editorials in every American and European newspaper and magazine of note adding to this vocabulary of gigantism and apocalypse, each use of which is plainly designed not to edify but to inflame the readers indignant passion as a member of the ‘West,’ and what we need to do.†Ã‚   Toward the end of his article, Huntington uses words that former President George W. Bush seemed to have memorize, apart from innumerable brainwashed Americans who do not always learn to question the tactics of political framing: that the West must â€Å"protect its interests in relation to[clashing] civilizations.†;;C onclusion;It is noteworthy that international politics would not allow globalization to tie the world together.   As a review of Harm De Blij’s book, The Power of Place: Geography, destiny, and globalization’s rough landscape reads,The author divides the world into two parts: the core and the periphery.   Nations at the core are globalized, industrialized and prosperous.   For people in these nations - to use Thomas Friedman’s terminology - the world is flat.   In other words, people from core nations have relatively equal opportunities as their economies accrue the greatest benefits from globalization. The rest of the nations are underprivileged and poor.People who cannot migrate from nations identified as peripheral also cannot escape poor living standards, including lack of access to modern healthcare.   This is fate, according to Blij. (Ahmed)Clearly, the core nations are not interested in changing the status quo (Ahmed).   Why should the rich world support hostile, underprivileged people such as terrorists?   But, even if the West were to plan to change the status quo, the fact remains that globalization cannot even create global markets to tie the world together.   Hence, the system of globalization is expected to tear the world apart as the so-called clash of civilizations goes on.

The Cliff Dwellings of the Anasazi Essay Example | Topics and Well Written Essays - 500 words

The Cliff Dwellings of the Anasazi - Essay Example However, regardless of the taxonomical ways in which current scholars debate the issue, the fact of the matter remains that a thriving civilization once existed in the Four Corners region and regardless of how it is called or classified, exhibited many of the same indicators that are currently attributed to the Anasazi people. As a function of better understanding this level of classification, this brief essay will seek to introduce the known facts, briefly discuss some myths and stories that exist with relation to these people, and settle upon a preliminary understanding of whether or not such a people group existed. One particular fascinating aspect of the myth and reality that has defined a further understanding of the Anasazi people is the evidence that archeologists and historians have recently uncovered with relation to the complex network of road systems that seemingly were built during this particular period of civilization within the Americas. The road system has long been discussed as part of Pueblo mythology and was not believed to actually exist (Kloor 22). However, due to recent studies and archeological research it has been proven that the road system does indeed exist. The root reason for this road system is still a topic of dispute due to the fact that many scholars believe and argue that the road system was economic in origin; as with almost all road construction that has taken place since the dawn of time. However, others indicate that the road system may have had the purpose of providing a way for the lost souls of ancestors to find their way back and forth between ceremonial c elebrations and other important events (Anasazi Culture 1). Although the debate is ongoing, there is a level of evidence from current Pueblo mythology that lends the most credence to the secondary interpretation alongside the fact that the true nature and level of development of the Anasazi economy are not known to a well enough degree to indicate that such an

Posttraumatic Stress Disorder Essay Example | Topics and Well Written Essays - 1500 words

Posttraumatic Stress Disorder - Essay Example g the most severe symptoms being those whose terrifying experience was the result of a deliberate action on someone’s else’s part, such as a mugging, a rape or child abuse. When exposed to threatening or brutal emotional and/or physical treatment, wives and children experience traumatic stress disorders that require exceptional coping skills. Instances of domestic violence are usually unanticipated and uncontrollable which serve to devastate a family member’s sense of wellbeing and security. Negative effects that could damage a person’s psyche for a lifetime may result from a one-time occurrence and worsens from prolonged exposure to traumatic experiences involving family violence. â€Å"With repeated exposure to traumatic events, a proportion of individuals may develop Posttraumatic Stress Disorder. Most people who suffer from PTSD (especially, in severe cases) have considerable interpersonal and academic and occupational problems† (Meichenbaum, 19 94). For a more comprehensive understanding of the effects of Posttraumatic Stress Disorder, or PTSD, its effects upon perhaps society’s most vulnerable population, its children, will be explored. Long-term exposure to depression and anxiety could become a symptom of domestic violence in both the mother and children which could lead to posttraumatic stress disorder. â€Å"A clinical concern for both mother and children of domestic violence is the potential for the development of posttraumatic stress disorder. This is a serious anxiety disorder owing to exposure to or witnessing of events that threaten life or injury and evoke intense fear of helplessness† (Chemtob, 2004, p. 210). The condition was first recognized in battle-weary soldiers, but has since been identified in several other life occurrences, such as domestic violence. Posttraumatic stress disorder (PTSD) develops following direct personal experience of a traumatic event, witnessing a traumatic event and/or experiencing an event that

Exemplification Essay Example | Topics and Well Written Essays - 250 words

Exemplification - Essay Example My employer was exceptionally helpful in providing the conducive working environment; reasonable targets, deadlines and achievable goals. For instance, I was provided with the resources and given the chance to get on the job training. In my first day of employment, during the company meeting I was introduced as the new IT department rookie’. In my second week, I had just delivered the weekly System Maintenance report to the Managing Director when he requested me to see him. I worried about my performance and thought I was going to be fired. What followed left me dumbstruck. The manager told me that my potential could not be fully utilized within his firm. He shared with me the idea of building an independent venture. Listening to his advice, given that he could have retained me as an employee for as long as he wished was unbelievable. He stated his intention to work with me for a maximum of one year, during which I would learn the ropes and be business oriented. Well, in my own capacity I felt comfortable in having a job that is secure and was not willing to venture into business. Deep down I knew that I had the potential, though I was not willing to bring it out. In the months that followed, I reported directly to the manager who engaged me in all forms of learning. One of my colleagues called it ‘street learning’. I climbed the ranks through hard work, dedication and expert advice from the manager. After 1 year, my contract ended. The time to start my business had come. In my experience, I had identified several avenues to pursue. However, I had no idea which was best. I approached my employer with my options, looking for help on how to arrive at a decision. I received expert advice on starting a business venture and the preparations required. In my preparation, my mentor created the working environment and guided me on business development. In the startup, the idea I adapted was to open a high street store

In a large number of situations both insurers

In a large number of situations both insurers â€Å"In a large number of situations both insurers and the courts recognise that the doctrine of subrogation in insurance may have unfortunate results and is wasteful. It is clear that the doctrine no longer serves any useful purpose†. Discuss. INTRODUCTION It has been recognised that fundamentally it is tort law that ensures compensation for loss in terms of compensation within the concept of the tortfeasor restoring loss through damages being paid to the person wronged[1]. In terms of insurance this liability can be revealed through the idea behind third party liability, the first party being the insured, the second party being the insurer, and the third party relating to any potential for restitution needing to be paid to anybody not included within the terms of the contract who might have met some sort of loss through the actions of the insured person, eventually becoming incorporated into the law of liability. Meanwhile, subrogation[2] has been defined as â€Å"the substitution[3] of one person in place of another with reference to a lawful claim†[4] or, more simply, the recognition in law that a lawful claim may be pursued by a third party in accordance with the principles of substitution[5]. Various types of subrogation are recognised, revealed as legal, statutory and conventional subrogation, the latter relating specifically to the terms of a contract, the legal revealed in allowing one individual to assume the rights over another and the statutory occurring as a result of the law being applied in terms of legal subrogation. This essay, focuses on the tenets of insurance law through which the principle of indemnity is revealed through the doctrine of subrogation in terms of its conventional interpretation within its statutory framework, i.e. as a remedy in â€Å"what might be classified as unjust enrichment in a legal system that is based upon the civil law†[6]. Subrogation originates from both common law and the laws of equity and it is also through both equity and common law that it continues to be administered, with the law of restitution recognised as a quasicontract within common law rather than incorporated into the laws of contract[7] or the law of tort. It has, however, become clear that this doctrine of subrogation no longer serves any useful purpose and has by been recognised both insurers and the courts that, in many situations, it may have unfortunate results and is wasteful. This essay discusses the issues surrounding the concept of subrogation and presents an argument that suggests that the function of this doctrine is, indeed, outmoded, inefficient and costly. DISCUSSION No Profit Rule Any capricious risk reassigned through a contract of insurance is subject to various fundamental assumptions, one of which is the factor surrounding that risk’s arbitrary nature. Through the element of ‘utmost good faith’[8] it is expected that the person to be insured discloses everything that could be relevant to the risk that the insurer is taking when it has agreed to insure the client[9]. Similarly, the client may not be put at a disadvantage by any actions the insurer may undertake, with a number of regulations to ensure that the insurer adheres to acceptable practices and the insured does not, through any misrepresentation, preclude any entitlements owed to the insurer[10]. Under the terms of the ‘made whole principle’ the insured person must be reimbursed in full prior to any profit being considered liable to the insurer, and the insurer may not implement the doctrine of subrogation until the insured person has been reimbursed in full[11], exc ept where a clause in the policy enables the insurer to apply the principle of subrogation when only partial payment has been made. Nevertheless, insurers are within their statutory rights to offer a voluntary settlement to the insured person and then pursue judgment with the expectation of receiving full compensation through implementing the doctrine of subrogation against the third party’s liability insurance. However, the client may not jeopardise the trust that exists between insurer and insured by claiming more than their loss[12], more recently the basis of a case where a Canadian Court of Appeal reduced the amount of compensation received by the Appellant, while they: â€Å"imposed significant punishment for the bad faith of the respondent without upsetting the proper balance between the compensatory and punitive functions of tort law†. Although in English law claiming more than the actual loss is not specifically illegal, to do so would be in breach of equitable principles and the doctrine of indemnity which assumes that the insured person would not make a profit from their loss. The doctrine of subjugation may be used in certain cases, stipulated by the courts, in order to remedy situations[13] whereby an unjust profit had been made, in accordance with the explanation given by Lord Diplock in Orakpo v Manson Investments Ltd: â€Å"It is a convenient way of describing the transfer of rights from one person to another, without assignment or assent of the person from whom the rights are transferred and which takes place in a whole variety of widely different circumstances†[14]. Should the situation occur whereby the insured profits, it would be expected that they reimburse any excess to their insurer[15]. Meanwhile, if, after both the insured and the insurer has been fully indemnified, there is excess money from the claim, the insurer is within their rights to claim it, as in the case of Yorkshire Insurance Co v Nisbet Shipping Co[16]. Similarly, if a claim is settled in full by a third party and the money paid to the insurer, then that insurer is legally within their rights to deduct any excess from the compensation before paying the residue to the insured in accordance with the terms of their insurance agreement, as revealed in the case of Scottish Union National Insurance Co v Davis[17]. Evidence of Loss The Courts tend to interpret insurance policies in accordance with those rules relating to the laws governing contracts, taking the overall context as being consistent with the actual intended meaning[18] although, in situations where a meaning might be unclear it is usually the insured person who benefits in accordance with the doctrine of contra proferentem in terms of the guidelines of equity, although in the case of Leppard v Excess Insurance Co Ltd the actual sum awarded to the insured was reduced on Appeal as it was ruled the insured had been awarded indemnity in excess of his loss[19]. Accordingly, and in view of the fact that insurance policies are subject to the rules of contract, it is necessary to ascertain whether the client was insured and, if so, under what terms, as revealed in the case of Sprung v Royal Insurance (UK) Ltd[20] where it was decided that, although the plaintiff had clearly suffered a loss through the late payment of his claim, the: â€Å"loss was recoverable in law from the defendants in addition to the interest element of the sum which had already been paid in respect of the loss under the policy†[21]. However, the figure awarded should be in accordance with the market value of the property and, in situations where a property was incomplete, the value of the loss should reflect the market value at the time the loss occurs, illustrated by the case of Richard Aubrey Film Productions Ltd v Graham[22] who, nearing completion of their filming, had their negatives stolen. At completion the film had an estimated market value of around  £20,000 but, as it still required further editing and other attention, thought to be around  £4,700 in value, prior to release the full market value was not considered to be appropriate. It was interpreted that compensation should be in accordance with the value of an ordinary indemnity contract, reflecting the sum a buyer would be prepared to pay for the film at the time of loss. An overriding factor in assessing whether compensation may be payable is the legislation appropriate to each individual case, identified through either its comprehensive cover or through its specific limitations in terms of criteria. Policies need to take account for the devastation fire can cause, taking into account ‘reasonable reinstatement’ as clarified by Reynolds v Phoenix Assurance Co Ltd[23] relating to the proposed refurbishment of an old mill. On the advice of their insurance brokers they greatly increased their indemnity. Subsequently a fire destroyed most of the building. It was established that the policyholder genuinely intended to rebuild the property and should be properly indemnified, although an issue was raised with the doctrine of undue enrichment, which was taken into account. Remedy of Restitution According to case law, and especially clarified by Lord Diplock[24], it is generally an accepted principle that the rule of subrogation cannot be appropriate in every case and should be utilised reservedly for instances where it is especially pertinent and, as clarified in the case of Re TH Knitwear (Wholesale) Ltd[25], only to the satisfaction of the courts, as in the case of Campbell Auto Finance Co v Warren in 1933[26], and similarly in later rulings, e.g. Re Chobaniuk and Canadian Johns Manville Co Ltd[27], although there are always exceptions. Subrogation may occur through the breach of duty or duplicity by the defendant resulting in the plaintiff being owed some form of corrective justice and recognised as a fundamental principle that profit may not be assumed through deceit[28], or the doctrine of unjust enrichment[29], in accordance with Lord Goff’s ruling in Lipkin Gorman[30]: â€Å"A claim to recover money at common law is made as a matter of right; and even though the underlying principle of recovery is the principle of unjust enrichment, nevertheless, where recovery is denied, it is denied on the basis of legal principle†. An insurer may enter into a simple subrogation by metaphorically standing in place of the insured person[31], after the insured person’s claim has been paid[32], and claiming the value of the insured person’s indemnity from this third party. This claim through subrogation must, however, be undertaken in the name of the insured person to reflect the fact that liability continues even though the insured person has already been indemnified. In effect, this means that the insurer is forcing the insured person to undertake further action despite the fact that they have already received full payment. The result will reimburse the insurer to the value of that which has already been paid to the insured. In theory, this would enable an insured person who had suffered a loss from the actions of a third person, to receive double compensation through a secondary action against the third party, the tortfeasor, as in the case of Caledonia North Sea Ltd v London Bridge Engineering Co[33] during which the insurers were allowed to â€Å"exercise a right of subrogation and sue in the insured's name under the contracts of indemnity†. The perception of compensation has a dual function: the satisfaction of obtaining justice against a defendant and the plaintiff being compensated to the value of their loss. Nonetheless, debate[34] currently surrounds the issue of deducting collateral damages that might already have been paid to the plaintiff, the intention being that the plaintiff should be left in the position they were in before the liability occurred according to the precepts of common law as ruled in British Transport Commission v Gourley[35]. It was recognised in Parry v Cleaver[36] that common law offers no recognition of prior benefits being deducted or not with it being left to the courts’ discretion to rule in accordance with â€Å"justice, reasonableness and public policy†[37] and, despite the law of tort remaining at variance with any of the more updated methods of compensation, its procedures continue to be an important way of recompensing for loss with the result that collateral compensati on often results in a breach of the doctrine of unjust enrichment, as revealed in British Transport Commission v Gourley: â€Å"it is a universal rule that the plaintiff cannot recover more than he has lost†¦Before Gourley’s case it was well established that there was no universal rule with regard to sums which came to the plaintiff as a result of the accident but which would not have come to him but for the accident†[38]. This ruling was later upheld in Hussain v New Taplow Paper Mills Ltd[39] due, in part, to Lord Bridge’s view that the tortfeasor should not benefit because the plaintiff had paid insurance premiums or received other payments as the result of charity, i.e. an award of damages having a deterrent effect through the defendant having to pay compensation, highlighted in the case of Redpath v Belfast and County Down Railway[40], although this was later superseded by British Transport Commissioners v Gourley[41]. When Browning v War Office[42] was heard in the Court of Appeal it was noted that: â€Å"whether the policy of the common law in these types of actions is to provide restitution for the plaintiff or to visit retribution on the defendant?†[43]. CONCLUSION Insurance law does not necessarily correlate with the principles of common law, with indemnity considered to be non-deductible due to a variety of reasons, part of which appears to be a reflection on the courts’ attitude to social policy. It was ruled in the case of Caledonia North Sea Ltd v London Bridge Engineering Co[44], i.e. Caledonia North Sea Limited (Respondents) v British Telecommunications Plc (Appellants) (Scotland) and Others[45]: â€Å"insurance company recoveries, under their right of subrogation, most often flow from tort actions is quite natural, but without significance. Subrogation is an equitable principle and applies to contract rights as fully as it does to tort actions†¦ The insurer is subrogated to appellant's contract right of indemnity. This sustains the cause of action against appellant for the identical reason that subrogation sustains a tort action where the plaintiff has been paid for his loss† The case of Parry v Cleaver[46], decided in the House of Lords, illustrates the incongruous situation of continuing to recognise the doctrine of subrogation in insurance, recognised by both insurers and the courts as being wasteful and no longer serving any useful purpose, with both the opportunity and the possibility of various unfortunate results emerging from this practice continuing, the concept of insurance having diminished the influence tort alone now has in terms of restitution[47]. Insurance companies now reimburse up to 94% of all damages and 88% of all claims in tort through insurance premiums that have been pre-paid[48]. The law of restitution or quasicontract is recognised at common law rather than contractual remedies or remedies at tort. However, evidence provided by case law suggests that the circumstances in which these remedies are applied is reliant on a specific set of principles[49] and there appears to be considerable doubt as to the criteria for subrogation allowed to be applied, with it being suggested that applying it arbitrarily was unacceptable – it should be a â€Å"matter of principle†[50]. The definitive case that has been acknowledged as introducing the law of restitution into case law was Moses v Macferlan[51]. â€Å"The law of restitution is the law relating to all claims†¦which are founded upon the principle of unjust enrichment†[52]. It has been claimed that ‘federal class actions have tripled over the past 10 years’ represented by a burgeoning escalation of over 1000%[53] and is contributing to an incipient damage to the US economy with ‘litigation costs increased at four times the growth of the overall economy’[54]. Krauss observes that the law of tort is ‘not insurance against unfortunate losses†¦[it]†¦does not exist to protect against risks’. As he clarifies, the competitive nature of the insurance industry enables premiums paid by policy holders to cover the cost of most claims[55]. In the US this may be achieved through social insurance, welfare payments and tax law or by way of private insurance, none of which had evolved to such developments as modern society enjoys when the cases of Castellain v Preston[56] and Darrell v Tibbetts[57] were being heard in the Court of Appeal during the 19th Century. Subrogation was ruled in Darrell v Tibbetts[58] as payment had been made for a loss which, in retrospect, was revealed not to have been a loss and, as such, the plaintiff was entitled to seek redress from the courts in order to be reimbursed for his loss. In Castellain v Preston, however, this was not the case and ultimately resulted in both sellers and purchasers, in effecting conveyance of property, to be required to insure that property against loss, an apparent example of a wasteful exercise. The ruling made by Chitty J was on the premise that â€Å"The contract of sale was not a contract†¦for the preservation of the buildings insured†[59]. However, it was also recorded that Chitty, J correlated ‘subrogation’ with â€Å"the insurers are entitled to enforce all the remedies whether in contract or in tort†, thereby paving the way to future confusion between when subrogation was an appropriate action and blurring the distinction between the law of contract, that of tort and that of quasicontract administered through common law. The case went to Appeal where Brett, LJ[60] interpreted simple subrogation as a doctrine of subrogation interchangeable with the doctrine of indemnity. The Law Reform Commission state that Brett, LJ ‘distorted the definition of subrogation so as to cover the case’[61] with the effect that it has subsequently been misapplied in many other cases[62], with its true application, equity, continuing to be incorrectly interpreted over the years as subrogation. The Commission states: â€Å"†¦its long-term effect has been to introduce a confusion into the heart of the law in this area which has rendered its workings obscure and which must be stripped away before the remedies made available†¦to enforce the principle of indemnity can properly be understood†[63]. This reinforces their view of sufficient welfare provision and private insurance cover to preclude the need to subrogate a claim against a tortfeasor. In accordance with this view, the doctrine of subrogation can no longer serve any useful purpose and, in view of the amount of waste in terms of litigation costs and courts’ time that results from this doctrine far outweighs its continued value or rationale. Total Word Count (excluding bibliography and footnotes): 3,000 words BIBLIOGRAPHY BOOKS: Beatson, J (2002): Anson’s Law of Contract, Oxford: Oxford University Press, Page 20. Bird and Hird (2001): Modern Insurance Law, London: Sweet and Maxwell, Page 256 Black's Law Dictionary, 6th Edition (1990). Burrows, (1993): The Law of Restitution, London: Butterworths, Page 1 Goff and Jones (1998): The Law of Restitution, [5th ed]. London: Sweet and Maxwell, Page 3 Krauss, Michael I (1992): Tort Law and Private Ordering, USA: St Louis University Press Mitchell, Charles (1994): The Law of Subrogation. Oxford: Oxford University Press, Page 4 Oxford English Dictionary, The Compact Edition ( Oxford, 1987), ii. 3126 Virgo, Graham (1999): Principles of the Law of Restitution. Oxford: Oxford University Press ARTICLES: Barker, (1995): Unjust Enrichment: containing the beast. In OJLS, 15, 457,473 Barker, (1998): Rescuing Remedialism in Unjust Enrichment Law: why remedies are right. In CLJ, 57, 301. Birds, John: Contractual subrogation in insurance. [1979] JBL 124, Pages 132 133 Connor, Martin F (2000, October): Taming the Mass Tort Monster, In the National Legal Centre for the Public Interest, Page 4 Hasson, Reuben: Subrogation in insurance law a critical evaluation. [1985] 5 Oxford J Legal Stud 416, Page 425 428 HMSO: Report of the Royal Commission on Civil Liability and Compensation for Personal Injury [UK Pearson Commission (1978, Vol. 2, para. 509) [Cmnd 7054] Law Reform Commission CONSULTATION PAPER ON COLLATERAL BENEFITS (LRC CP 15 1999) Dublin: IPC House ONLINE RESOURCES (Site visited 25/05/05. Hyperlinks functioning) Krauss, Michael I (2004): Medical Malpractice: is it time for Tort Reform in Maryland, USA?: The Maryland Public Policy Institute http://www.mdpolicy.org/research/health/MDMedMal.pdf Parsons, Chris (2002): Moral Hazard and Behavioural Aspects of Liability Insurance. http://64.233.183.104/search?q=cache:VR1wzB7SfwEJ:www.nottingham.ac.uk/business/cris/ukec/2002paper5.doc+Pearson+Commission%2Binsurance%2Bclaims%2B88%25%2Btort+hl=en TABLE OF CASES: British Transport Commission v Gourley [1956] AC 185, [1955] 3 All ER 796, [1956] 2 WLR 41, 2 Lloyd's Rep 475, 34 ATC 305, [1955] TR 303, 49 RIT 11 Browning v War Office and Another [1960 B. No. 3080] [COURT OF APPEAL] [1963] 1 QB 750 Caledonia North Sea Ltd v London Bridge Engineering Co [2000] Lloyd's Rep IR 249 Campbell Auto Finance Co v. Warren [ 1933] 4 DLR 509 at 515 Canadian Johns Manville Co Ltd [1969] 39 WWR 680 at 681 Castellain v Preston Others [1881-1885] All ER Rep 493 Castellain v Preston and Others [1882] 8 QB D 613 (April 4) Castellain v Preston and Others [1883]11 QB D 380 (March, 12) Commercial Union Ass Co v Lister (1874)LR 9 Ch 483 Darrell v Tibbetts (Court of Appeal) 5 QB D 560 Hussain v New Taplow Paper Mills Ltd [1988] 1 AC 514, [1988] 1 All ER 541, [1988] 2 WLR 266, [1988] ICR 259, [1988] IRLR 167 Leppard v Excess Insurance Co Ltd [1979] 2 All ER 668, [1979] 1 WLR 512, [1979] 2 Lloyd's Rep 91, 2 ILR 107, 250 EG 751, [1979] EGD 246 Lipkin Gorman (A Firm) v Karpnale Ltd [1991] 2 AC 548, 578 Livingstone v Rawyards Coal Co (1880) 5 App Cas 25, 39 Morrison and Morrison v. Canadian Surety Co, n. 4 above, at 86 per Coyne, JA Moses v Macferlan [1776] 2 Burr. 1005, 1012; 97 ER 976, 981 Napier v Hunter [1993] 2 WLR 42: Lord Napier and Ettrick and Another v Hunter and Others and Lord Napier and Ettrick v RF Kershaw Ltd and Others [Consolidated Appeals] HL [1993] AC 713 Orakpo v Manson Investments Ltd and Others [ 1978] AC 95, [1977] 3 All ER 1, [1977] 3 WLR 229, 36 P CR 1 Page v Scottish Insurance Corporation Ltd; Forster v Page (Court of Appeal) [1929] 33 Ll.L Rep. 134 Parry v Cleaver (House of Lords) [1970] AC 1, [1969] 1 All ER 555, [1969] 2 WLR 821, [1969] 1 Lloyd's Rep 183, 6 KIR 265, (48 MLR 20) Phoenix Assurance Co v Spooner [1905] 2 KB 753 Rayner v Preston (1881) 18 Ch D 1 Regal Films [1946 OCA] Reynolds and Anderson v Phoenix Assurance Co Ltd and Others (Queen’s Bench Division) [1978] 2 Lloyd's Rep 440 2 ILR 75, 3 ILR 51, 247 EG 995, [1978] EGD 172 Re TH Knitwear (Wholesale) Ltd [ 1988] Ch 275 at 286 Richard Aubrey Film Productions Ltd v Graham [1960] QB 2 Lloyd's Rep 101 Scottish Union National Insurance Co v Davis [1970] 1 Lloyd’s Rep 1 Sprung v Royal Insurance (UK) Ltd [1999] Lloyd's Rep IR 111, (Transcript: Smith Bernal) West of England Fire Insurance Co v Isaacs (Court of Appeal) [1895 1899] All ER Rep 683 Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595, 2002 SCC 18 Yorkshire Insurance Co Ltd v Nisbet Shipping Co Ltd (Queen’s Bench) [1962] 2 QB 330, [1961] 2 All ER 487, [1961] 2 WLR 1043, [1961] 1 Lloyd’s Rep 479 1 Footnotes [1] Livingstone v Rawyards Coal Co (1880) 5 App Cas 25, 39 [2] Concept introduced in by Court of Appeal in the cases of Darrell v Tibbetts [1880] (Court of Appeal) 5 QB D 560 and Castellain v. Preston, ( 1883) 11 QBD 380 [3] The Compact Edition of the Oxford English Dictionary ( Oxford, 1987), ii. 3126 [4] Black's Law Dictionary, 6th Edition (1990). [5] Orakpo v. Manson Investments Ltd [ 1978] AC 95 at 112, per Lord Edmund-Davies [6] Orakpo v Manson Investments Ltd [ 1978] AC 95 per Lord Diplock [7] Beatson, J (2002): Anson’s Law of Contract, Oxford: Oxford University Press, Page 20. [8] Bird and Hird (2001): Modern Insurance Law, London: Sweet and Maxwell, Page 256 believe that â€Å"It may be that there is no general continuing duty of utmost faith†¦Ã¢â‚¬  [9] West of England Fire Insurance Co v Isaacs [1897] 1 QB 226 [10] Phoenix Assurance Co v Spooner [1905] 2 KB 753 [11] Page v Scottish Insurance Corporation [1929] 98 LJKB 308 [12] Rayner v Preston (1881) 18 Ch D 1 [13] Mitchell, Charles (1994): The Law of Subrogation. Contributors. Oxford: Oxford University Press, Page 4 [14] [ 1978] AC 95 per Lord Diplock [15] Darrell v Tibbetts [1880] (Court of Appeal) 5 QB D 560 [16] [1962] 2 QB 330 [17] [1970] 1 Lloyd’s Rep 1 [18] Leppard v Excess Insurance Co Ltd [1979] 2 All ER 668, [1979] 1 WLR 512, [1979] 2 Lloyd's Rep 91, 2 ILR 107, 250 EG 751, [1979] EGD 246 [19] ibid [20] [1999] Lloyd's Rep IR 111 [21] Sprung v Royal Insurance (UK) Ltd [1999] Lloyd's Rep IR 111, per Hedley, J [22] [1960] QB 2 Lloyd's Rep 101 [23] [1978] QB 2 Lloyd's Rep 440 [24] Orakpo v Manson Investments Ltd [ 1978] AC 95 per Lord Diplock [25] [ 1988] Ch 275 at 286, per Slade LJ [26] Campbell Auto Finance Co v. Warren [ 1933] 4 DLR 509 at 515, per Masten JA [27] [1969] 39 WWR 680 at 681, per Friesen DCJ [28] Barker, (1995): Unjust Enrichment: containing the beast. In OJLS, 15, 457,473 [29] Burrows, (1993): The Law of Restitutio

The Cricket Ball in the Sport of Cricket :: essays research papers

The Cricket Ball in the Sport of Cricket Cricket is one of the most exciting sports in world. It is played is most countries in world. Cricket is not that popular in Unites States but it is the most popular sports in countries like India, England and Australia. Making cricket popular in America requires describing its equipments and the game itself. One of the most important equipment of this wonderful game is Cricket ball. The cricket ball is a little small than a baseball ball. It is round shaped, smaller than a wrist of an average size man. A cricket ball is made from a core of cork, which is layered with tightly wound string. It is covered by a leather case with a slightly raised sewn seam. The covering is constructed of four pieces of leather shaped similar to the peel of a quartered orange. A cricket ball only has one seam. The equator of the ball is stitched with string to form the seam, with a total of six rows of stitches. The remaining two joins between the leather pieces are left unstitched. The ball is about nine inches in circumference and only weighs between 5.5 – 5.75 ounces. The surface of the ground where cricket ball is pitched matters a lot for the performance. This ball bounces a lot on a dry/hard pitch because of its hardness. However it's the other way around if the pitch is wet/damp, this ball loses it bounce. Weather is also very important factor on how the ball behaves. In sunny weather the ball don't do much but if it’s windy the ball swings in air a lot. Therefore when the weather is bad this ball sometimes becomes impossible to play. The most dangerous thing this ball does is â€Å"Swing†. Swing which is achieved by keeping one side of the ball polished smooth and shiny and keeping the other side rough, and delivering the ball with the polished side forward, and the seam angled in the direction of desired swing. There are two types of swing balling in cricket. The out swinging ball moves away from the right-handed batsman, while the in swinger moves in towards him. Normal swing is achieved by maintaining laminar boundary layer air-flow on the shiny side whilst creating turbulent flow on the seam side.