Social Psychology and the Sustainable Future Essay

What has Global warming, Ozone Layer Depletion, Soil Erosion, Air Pollution, Carbon Emissions, and other environmental issues have to do with Social Psychology? One of the reasons for writing this paper, is to answer that question by showing the relationship between the environment in which we live and social psychology. I will endeavor to do this by looking at a root cause behind our ecological dilemma, as well as offering possible solutions and suggestions for social behavioral changes that each one of us could employ, as not only caring human beings, but as Christians fulfilling our God-given mandate to rule over the earth He created in the capacity of caretakers and stewards. As explained by Dr.  David G Myers in his excellent book entitled â€Å"Exploring Social Psychology†, the study of social psychology is a study in which â€Å"social psychologists scientifically explore how we as humans think about, influence, and relate to one another† [ Myers 2009 p. 1]. He goes on to quote novelist Herman Melville’s poignant observation, which states, â€Å"we cannot live for ourselves alone, for our lives are connected by 1000 invisible threads† [Myers 2009 p. 1]. And therein lies the root cause of our ecological problems. Because of our social orientation [being our personality psychology or â€Å"psychodynamics† which forms our â€Å"worldview† by the way we’ve been taught to think and act within the society in which we grew up], most people and societies, if not all, are inherently self-centered. A perfect example of this societal â€Å"self-centeredness† is clearly seen here in the United States of America, more so than in any other place in the world. The unrestrained, unbridled, and unprecedented consumerism and waste has sadly become this countries â€Å"social norm†. Generally speaking, we as humans, tend to give little thought, either intentionally or unintentionally, about how our attitude, actions, and behaviors might affect others in the society in which we live: or for that matter, the rest of the world. Because our lives are connected by 1000 invisible threads, our attitude, behavior, and actions cannot help but effect others. We are connected in many different ways, but primarily we are connected by being members of one and the same human race, sharing an earth which we all call home. Therefore, social psychology and the sustainable future of our environment are connected in the sense that as human beings, sharing the same earth, social psychologist can positively influence societies to bring about change through implementing strategies within a society through educational and other means, that would address the need for â€Å"other-centeredness†, as opposed to â€Å"self-centeredness† within our societies. This hopefully, through educational campaigns, would over time alter social norms throughout global societies, and help to positively shape our attitudes, behaviors and actions toward the environment in which we live, and encourage a more sustainable environmental future. The purpose of environmental education, is to bring â€Å"social awareness†of how each individual’s attitude actions and behavior, can and does have an environmental affect [whether positive or negative], not only themselves and their own environment, but on the environment of others also. So, environmentally speaking, this means that each individual person, group, society and nation’s environmental habits and lifestyle [which is mainly guided by the â€Å"social norms†of the country and the culture in which they are living], can have a global environmental impact. Social Psychology in the Sustainable Future 4 Social, psychologically formed thought processes, cause individuals and groups within a society or culture, to behave in ways that are considered normal to them, even though they’re ttitude, behavior and actions are environmentally devastating. One of the ways I can illustrate the fact of how our attitudes, behaviors, and actions [another words what we do and how we live], can and does affect others environment [even though they may be living on the other side of the world], is by looking at the worldwide issues of air pollution and its causes. Air is something that every living thing needs, as the famous 70s hit song sung by the British group†The Hollies† states, â€Å"all I need is the air that I breathe. Another translation of that song humorously states â€Å"I need to be able to breathe. † That we need air to breathe is an axiom, a self evident truth, for without it we die. In actual fact, air is one of the reasons why Earth is the only planet within our solar system that can sustain life, and in which life can be found. Air supports life, but the air has to be clean for life to be sustained. We don’t really need to be told that the air is polluted these days because we can see it. This is especially true if you happen to live in the city of Los Angeles, which for many years has been the butt of â€Å"smog† jokes, and recently topped the American lung Association’s bad air list of â€Å"most polluted cities in America† [GMA news 2012]. Why is the air polluted so badly? How did it get that way? The city of Los Angeles, like many other places in the world today are to a great degree responsible for producing much of the â€Å"bad air† in their cities. However, â€Å"bad air† is now being found in cities and other places where there is no air polluting factories or industry to blame. This is because air pollution does not recognize international boundaries, and like the proverbial trapeze artists, pollution in the form of toxic emissions can and do â€Å"fly through the air with the greatest of ease. † Because of this, â€Å"bad air† has † turned up† in places where it did not originate; such as National Parks and wilderness areas in remote parts of the United States. This is due to the fact that one countries air polluting practices can have a dramatic effect on another countries air quality located on the other side of the world. Toxic pollutants and emissions rise from factory smokestacks, power plants, and exhaust emissions , from countries who have no â€Å"clean air act† and therefore are under no threat of penalty or prosecution for noncompliance. These toxic emissions, are the result of unrestrained air polluting practices by countries who show little or no interest in environmental conservation. This toxic pollution rises into the wind currents and jet-streams, which carry the poisonous air hundreds, or even thousands of miles away to another part of the world, where it then affects the air quality of the place where it settles, creating health hazards and pollution within that cities population and location. So, the irresponsible polluting behavior and actions of one group/country, can have a drastic negative effect on another person/s, group/s, country/or countries, causing them to suffer debilitating health hazard consequences for which they were not responsible in creating. So you see in this one small illustration, how another person/s, group/s, or even other countries irresponsible attitude, actions, and behavior toward environmental conservation issues, can inadvertently and negatively affect another person/s, group/s, or even a whole country’s population’s health and well being. Many first world countries have environmental laws that heavily penalize companies for noncompliance, and therefore helps to limits air pollution to varying degrees. Yet there are more countries who don’t have any environmental laws, restrictions, or boundaries in place, and who Social Psychology in the Sustainable Future 6 do not recognize or practice environmental conservation. And so these developing countries by their â€Å"who cares, it’s business as usual† attitude and behavior, become one of the major contributors of â€Å"bad air† on a global scale, through their uncontrolled, unrestrained, release of toxic emissions into the atmosphere where it becomes an international traveler. However, air pollution caused by toxic emissions is only one of the environmental concerns facing humanity today. Another environmental concern, which we are being constantly reminded of through the news reports, newspapers, Internet, etc. is the issue of â€Å"global warming†. This is also known as â€Å"climate change†. Scientists use the name, or term global warming, so as to identify what types of climate change is actually happening i. e. , the planet is not getting cooler but warmer, ergo, global warming. One of the reasons they state this is happening is due to the excessive amount of a gas known as CO2. This is carbon dioxide, which is something that we, after taking in oxygen through the air, actually exhale. While CO2 is an odorless, tasteless, inert gas, it is also a byproduct of combustion, which is generally contributed to automobile emissions. However, while CO2 is a byproduct of automotive engine gasoline/diesel/natural gas combustion, it is also a byproduct of combustion associated with the burning of coal and oil to generate electricity and heat buildings. In fact, anything that burns will have CO2 as one of its emission byproducts. Because of the increase of automobiles, trucks, factories, etc. here is an excessive amount of carbon dioxide constantly being released into the atmosphere. Along with the deforestation of whole rainforests [note: trees absorb CO2 gases and convert CO2 into oxygen by the process of â€Å"photosynthesis†. This is one of God’s brilliant ideas for replenishing the oxygen we use. However, by cutting down all the trees in the forest, we re destroying the earth’s Co2 converter], Social Psychology in the Sustainable Future 7 and the combination of other greenhouse gases , which come from agricultural and industrial sources, global warming is the result. However, there is also another detrimental effect of having too much CO2 in the air that has to do with one’s respiratory health, and is known by a condition called hypoxia, or hypoxiation. [West, 1995 p. 22] This is a pathological condition in which the body as a whole, or region of the body is deprived of adequate oxygen supply. This is due to the fact that the body is deprived of oxygen because CO2 in the lungs is inhibited from being released, and so accumulates causing too much CO2 to be where oxygen needs to be, and therefore death ensues as a result. West, 1995 pp. 22]. The use of CO2 displacing oxygen is great for firefighting is actually a preferred fire extinguisher in place of chemical powder for distinguishing fires, but it’s no good for breathing. The world climate is changing because CO2 is in excess, and humans are the reason why it is so. So far we’ve looked at some causes of air pollution and how it can originate from one part of the the world an d through air currents effect everybody globally. But in discussing social psychology in the sustainable future air pollution is only one component of many. There are many environmental concerns for a sustainable future, which also include water pollution. Just as we need clean air to survive, so also we need clean water for both drinking and food. In actual fact, it is quite possible for a person to go many days and even weeks without food, but only a few days without water. Clean water is essential for drinking as well as sustaining aquatic and marine life in our rivers and oceans. However, with the high human demand for oil, environmental catastrophes and disasters such as the â€Å"Exxon-Valdez oil spill†off the coast of Alaska in 1989, and most recently the BP oil Social Psychology in the Sustainable Future 8 spill of 2010, have polluted the life-sustaining ocean waters and left a path of ecological destruction, which much like the fallout from an nuclear bomb, may take forever, if ever, to recover. Even now as I write this, we’re told by BP officials and their advertising campaigns, that the waters in the Gulf are back to pre-oil spill status. However, a recent study reported by Brian Williams on NBC national news states that marine life such as dolphins are seriously ill and due to â€Å"health problems consistent with exposure to oil. Illness ranging from lung disease, kidney malfunctions and liver disease has been found throughout dolphin population which cause has been attributed to the ingesting of oil† [NBC nightly news March 23 2012]. Basically what we’re being told through the million-dollar advertising campaign by BP, is not true. We are still reaping the consequences caused by the massive oil spill where oil spewed out from the ground unrestrained for months. On top of water pollution, the sea is being devastated daily by the huge nets and â€Å"Longlines† of commercial fishing vessels. Longline fishing is a commercial fishing technique. It uses a long line called the main line which can be up to 50 miles long, with thousands of baited hooks attached at intervals of approximately every 20 yards. Hundreds or even thousands of baited hooks can hang from a single line. Although â€Å"Longliners† commonly target tuna, cod, halibut, unfortunately a baited hook is not very selective and many other species are caught and killed inadvertently. This is very troublesome, especially for those animals, mammals, and fish species that are on the endangered list, i. e. The Leatherback Sea Turtle. [Seaturtles. org 2003] Can you imagine a 50 mile long fishing line with corks set at every 20 yards, or huge Social Psychology in the Sustainable Future 8 dragnets, scraping the bottom of the sea for its fish, crap, shrimp and other marine life. This is all done to fulfill the growing populations appetite for seafood. Yet he growing need for bigger harvest is only one part of this very important ecological problem. Another part is the damage that is caused by the implements used in harvesting. I have personally seen the damage to the bottom of the sea caused by the nets being used to harvest fish from along the bottom of the sea beds. These nets are called â€Å"drag-nets† for good reason, as they scrape the bottom of the ocean’s floor so that nothing escapes. As they scrape along the bottom of the sea, they â€Å"drag† every kind of a marine life you can imagine into the net. The ocean floor then looks like it’s just been â€Å"plowed†. Thus, these â€Å"drag-nets† leave behind a path of destruction in their wake, by destroying all aquatic plants, and marine life forms and the environment in which they live. Another issue that is caused by fishing trawlers using dragnets, is waste. Nets are by no means † selective† as anything and everything gets caught in the net. Once these nets are hauled in, much of what is caught in the nets is not used, but thrown out for reasons of either being under size, wrong variety, or in some way illegal etc. Some of the seafood is kept, and the other is thrown out to die. The fish and marine species that are caught in the nets or on the long lines as a â€Å"byproduct†, sea turtles, including the extremely endangered â€Å"Leatherback sea turtle†, various sharks, including some species which are also endangered, and also others. Seeing there is no international laws to reduce â€Å"bycatch†, we can expect that many more species will be added to the endangered list as part of the long-term decline, caused by these devastating fishing practices. So apart from destroying the environment which sustains our fish and marine life in our oceans, rivers and waters through pollution, waste and harvesting practices, we continued the Psychology and Sustainable Future 9 devastation by â€Å"overfishing† the waters to to the extent that fish that were once found in abundance 50 years ago, are now at the point of extinction and have been placed on the endangered list. Two of the fish species I would like to talk about here were, up till recently, very common. One is the Atlantic cod, and the other the Giant Bluefin Tuna. These two fish species once abundantly populated the Atlantic Ocean until the implementation of gill nets, drag nets, and now the dreaded long-lines of commercial fishing vessels. In a relatively short amount of time, the use nets and long lines have devastated the cod and tuna populations worldwide through â€Å"overfishing†. Even though size limits and harvesting amounts have been supposedly set by international bodies, Atlantic Cod, Bluefin Tuna, and many other fish species are â€Å"under the gun†, and may never recover, especially the majestic bluefin tuna, which is much coveted by â€Å"sushi chefs† and is considered a delicacy in Japan. Maybe it is for this reason that Japan, under the guise of supposedly abiding by the international fishing laws, have reportedly and consistently ignored the international laws for size limits and harvesting amounts. Through their longline fishing vessel fleet have continued at a ever increasing rate to catch bluefin tuna, to the point that they, could be considered to be the major contributing factor, as to why this fish species is numerically declining to a point of having to be put on the endangered fish species list. [Glover, Charles. The End of the Line. 2008]. It is a well-known fact that the Mitsubishi Corporation. Not only owns several long line ships which go out to sea for months at a time and don’t come back until their freezes are all full of bluefin tuna, but is the major purchaser of bluefin tuna. As well as fishing for bluefin tuna with their own fishing vessels. They have also been known to purchase as much bluefin tuna as they Social Psychology in the Sustainable Future 10 can, from other fishing vessels. These vessels are known as â€Å"Pirate Fishing Vessels†, ignore international fishing laws and catch all they can in what you might call an â€Å"undercover operation†. These pirate fishing vessels have, within the past 10 years, come under a lot of scrutiny by the Greenpeace organization: who sail the seas searching for these pirate fishing vessels so as to â€Å"catch them in the act. † Of illegal fishing, netting, long lining etc. [Greenpeace. org 2011]. Although many nations, including the United States, supposedly participate as international management bodies to maintain global tuna populations, the species continues to decline at an alarming rate and are now on top of the endangered species list because it’s numbers have depleted to such a point that it may never be able to recover. As you can tell air and water pollution combined with overfishing is a concern of mine, mainly because I see it is preventable, but for the selfish, self-centered, all-consuming greed of people from all walks of life I could continue on for quite some time, however I must bring this article assignment to a conclusion by talking about causes of environmental damage. As much as we like to blame tornadoes and hurricanes for most of the environmental damage, the biggest cause of environmental damage is man himself. Mankind is now the number one cause of all the destruction happening on Earth. We are the major cause of environmental disasters, beginning with the industrial exploitation of the resources of the Earth, which has become especially bad since the population of the Earth has trippled in the last fifty years to a point which, even with more efficient means of distribution, there is simply not enough food to go around. Obviously the reasons for the possible future scarcity of food, water, among other things, is the wasteful lifestyles that we have become accustomed to, especially here in the United States. All you need to do is look around in any restaurant here in the United States and see the huge Social Psychology and a Sustainable Future 11 amounts of food being thrown out in the trashcan while people on the other side of the world starve. It’s been noted in the book, exploring social psychology by David G Myers, that the human demand for things such as land, timber, fish, and fuels is increasingly exceeding the Earth’s regenerating capacity. [Myers, 2009 p. 378-379]. My point is this, with the present consumption of resources by our, wasteful habits and devastating harvesting techniques, coupled with the destined growth of population, further pollution, global warming, and environmental destruction, seem inevitable unless there is change. For the average American who lives with luxuries unknown by even royalty just a century ago, our lifestyle of unrestrained, unbridled, ever wanting more consumerism will be brought to a screeching halt unless there is change. Let’s face it our wasteful lifestyles cannot continue forever. For beyond the sunny skies of comfort and convenience. Dark clouds of environmental disaster at gathering. Sciences have accredited this coming ecological, environmental disaster to increasing population and increasing consumption. [Myers, 2009 p377]. I come to this conclusion; due to my observations of the wasteful practices I see around me every day of my life here in the United States I offer this small yet effective illustration of the environmental conservation. In Australia where I was raised, we grew up with â€Å"tank water. † Where you rely on the rain to fill a tank that is used for your drinking water, bathing, and bathroom uses etc. Under these conditions you learn to conserve and not waste water in every way possible. One of the ways I taught my children to conserve water was not to leave the tap running when they were brushing their teeth. They were instructed to turn the tap on to wet the brush, then turn the tap off while they apply the toothpaste to the brush and brush their teeth. After they had brush their teeth, they could then turn the tap on to rinse out their mouth and clean their toothbrush. Idiosyncratic? Not really. Just letting my children learn not to waste water and to appreciate the God-given resources we have available to us.

Force Majeure In Construction Contracts Essay

In handling a project, one of the most important is looking at the project plan. In the project plan, it almost includes all the necessary information from the high level up to not so much low level or details of the project. It is also the starting point of any project which is being initiated mostly by over-all project manager, Project manager must not only look at the financial or what we call budget or the resources that will be needed or even the schedules or time frame of the project. What are most important actually are the main obligations and what do we expect for the contractor, if wee are talking about construction project. Its main obligation and what are not part of their obligation. The most interesting part is what is not their part of work and what are the liabilities that they may have while doing the project as well as after the project. Questions like, what if†¦this happen, are they liable to it? All of the things that would possibly happen must be clearly stated in the contract, because if the building collapses due to an earthquake, what are the liabilities, if there is how it can be measured or be said that they have such liability to the building they have constructed. That is the main purpose of this paper, to discuss clearly what force majeure is, what are the effects to the parties involved and how it can be applied well. What is Force Majeure? Its Scope and Existence Force Majeure comes from French term meaning â€Å"great force† it is a common clause which primarily frees obligation of one or both of the parties from certain liability that are usually unexpected and commonly called as Act of God. These are such as: flood, earthquake, war, snowstorm, etc. Force majeure is not intended for the obligating parties to be excused to certain obligation, this is just intended to have it clearly stated in the contract in order for the parties to be none liable to certain occurrence which are obvious to be not within their responsibility. But, there are some cases wherein force majeure is customized in some projects where liability may also occur and not just claiming all into as force majeure clause which in any case the ruling will all depend on the gravity of the situation and looking again at the written and agreed contract. In other words force majeure is also stated as exceptional matters or events that are beyond the control of either party or overwhelming superhuman events. Like in the case of military, force majeure may be represented by a different meaning. It pertains to an event either it is internal or external, for instance a military vessel that allows to enter normally in another area without restriction or penalty, a very recent example is in the US Navy aircraft that landed at the Chinese territory after a collision with a Chinese fighter, where the aircraft is allowed to land without any restriction, as it was stated under the principle of force majeure. (Force Majeure, 2007). Effects to the Parties As earlier stated the effects of force majeure have provided great effect for both parties. The force majeure clause since it can be drafted differently, it may assume differently. That is why it should be well enlightened with clear use of precise words and must take into consideration the effect of nature and most especially it must include the general terms of the contract. Take for instance in the case of C. Czarnikow Ltd. v. Centralla Handlu Zagranicznego Rolimpex (1977) the English Court of Appeal held the defendants could in the circumstances of the case rely upon a force majeure clause which provided that if delivery was prevented, inter alia, by ‘government intervention beyond the seller’s control’ the contract would be void without penalty. But in some cases, employers or contractors may be relieve from their main responsibility like another example is when the union of the company set a strike. Another good example is when the contractors may ask for extension of the project, due to devastation of typhoon in the construction site, which is most likely very logical. But the over-all effect of these situations will be tremendous since it would impact the plan of the company. But, the company and contractors, must still need to double check clearly if what was agreed upon in the contract, is the situation really covers and part of the force majeure clause or not. Because, there are certain instances that it would still be part of the liability of the party or parties. (Hussin, Abdul Aziz, n. d. ). Force Majeure in Contracts It is very clear based from it sets of meaning and rules that there is no damages that are recoverable from a party who has been prevented from performing their contract by force majeure. That is why an event that will not be force majeure except: (1) it makes performance of the contract impossible; (2) it was unforeseeable; and (3) it was irresistible, both in its occurrence and its effects. Importance of Force Majeure The main importance of force majeure clause in a contract, most especially in a construction project is that it does not only provide a clear cut obligation for both of the parties. It also gives a deeper understanding by both parties, what are must to be included in the force majeure clause and what are not. Because, not all must be included or else there are times wherein contractors may also be just relieving themselves to certain obligation which might come and with that it will be an unfair treatment for the requesting company. Like for example, a coal supply agreement, the mining company may seek to have â€Å"geological risk† included as a Force Majeure event, however the mining company should be doing extensive exploration and analysis of its geological reserves and should not even be negotiating a coal supply agreement if it cannot take the risk that there may be a geological limit to its coal supply from time to time. The outcome of that negotiation, of course, depends on the relative bargaining power of the parties and there will be cases where Force Majeure clauses can be used by a party effectively to escape liability for horrific performance. The General Effect of Force Majeure To further understand force majeure concept, these are the many general effects of force majeure: (1) neither party will be liable if it is prevented from performing its operation by a force majeure event; (2) a force majeure event is something external to the parties (such as an â€Å"act of God†, or disruption to their equipment or machinery); (3) the event should be both beyond their control and such that they could not have prevented the event, or the consequent failure in performance, by the exercise of due diligence; (4) an obligation to pay money will not be suspended by a force majeure event; (5) the party affected by the force majeure must notify the other party and use due diligence to remove the disruption and resume performance of its obligations. In other words, the effect must be beyond the control of both parties and the other party must know the situation in order to also make some adjustment on the issues. (Adlam, JG, 2007). Maui Gas Contract In the company’s contract, it clearly defined and enlisted the following situations or events that will be part of the force majeure clause, and these are: acts of God, strikes, lockouts or other industrial disturbances, acts of the Queen’s enemies, sabotage, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, floods, storms, fires, washouts, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage of or accident to machinery or lines of pipe, freezing of wells or delivery facilities, well blowouts, craterings, the order of any court or governmental authority, the necessity for making repairs to or reconditioning wells, machinery, equipment or pipelines (not resulting from the fault or negligence of such party), or any other act or omission occasioned by any cause beyond the control of the party invoking this Article. But it has to be well observed and studied if both parties did not perform negligence towa rds its duty. Because if there will be cases proven that there are failure in the duties made by either parties and at the same time reasonable. There will also be no such condition or occasion affecting the performance of this Agreement by any party shall continue to relieve the party affected thereby from liability or to hold in abeyance a cause of action, after the expiration of a reasonable period of time within which by the use of due diligence such party could have remedied the situation preventing its performance, nor shall any such circumstance or occurrence relieve any party from its obligation to make payment of amounts then due hereunder nor shall any such circumstance or occurrence affected thereby from liability or hold in abeyance a cause of action unless such party shall give notice of such circumstance or occurrence in writing with reasonable promptness; and like notice shall be given upon termination of such circumstance or occurrence. (Adlam, JG, 2007). Atlantic Paper Stock Ltd. v. St. Anne-Nackawic Pulp & Paper Co. , decided by the Supreme Court of Canada in 1975. In this case the mill company had a force m ajeure clause in a contract with the company that supplied waste paper. The force majeure clause excused the mill from purchasing its required amount of waste paper as a result of an act of God, the Queen’s or public enemies, war, the authority of law, strikes, the destruction or damage to production facilities, or the nonavailability of markets for pulp or corrugating medium. The latter condition became important when the markets failed. It was necessary for the court to determine the meaning of this event. The Chief Justice comments on interpretation of force majeure clauses have shaped all subsequent cases. An act of God clause or force majeure clause, and it is within such a clause that the words â€Å"non-availability of markets† are found, generally operates to discharge a contracting party when a supervening, sometimes supernatural, event, beyond control of either party, makes performance impossible. (Construction Contracts: Defining & Shifting the Risk, 2004). Application of the Interstate: and Sales Full Disclosure Act to Condominium Projects and Single Family Homes This is with regards to contract provision and circumstances of non-performance as well as the focus on force majeure clause. That it must be carefully stated in order to ensure that they will not be interpreted by courts as undercutting the obligation to complete construction within two years. As with limitation of damages sought by purchasers, state law controls in determining whether or not a specific provision undercuts the seller’s obligation to complete construction within two years. In this project the possibility of impossibility of performance due to unexpected and uncontrolled event is limited. Because this can only happen if one of the party completely discharged its obligation under the contract. The only recognize part of force majeure in this case may come from â€Å"bad whether† which may also cover some instances or events that may affect the implementation of the projects, such as earthquake, flood, strikes, fires, etc. In other words, it was clearly stated that non-performance may not be possible to be part of the force majeure clause since it can only happen if one of the partner completely abandoned or removed its obligation while the list of events that will be covered under force majeure was clearly to avoid confusion. (Chasnow, Robert, 2007). Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074 This case was actually between Yugoslavian company and Hungarian Company. The Yugoslavian company sold and delivered caviar to a Hungarian company. Based on their agreed contract â€Å"the buyer has to pick up the fish eggs at the seller’s address and take the goods to his facilities in Hungary†. Payment was due two weeks after the delivery of the goods, at which time the UN embargo against Yugoslavia took effect in Hungary. The seller assigned the claim for the price of the goods to a company located in Cyprus. The buyer acknowledged the assignment, but could not pay on the basis that the UN embargo was a force majeure. The arbitral court found that the damage caused by force majeure had to be borne by the party to whom the risk had passed the buyer. In this connection, the arbitral court found it necessary to point out that the risk of freight had to be borne by the buyer, unless the contract of the parties or the applicable law provided otherwise as stated in article 67 of CISG. The [buyer] could not be exculpated by proving that the damage was owing to an act or omission of the seller based from the article 66 of CISG. The result was that the court held that the buyer was obliged to pay the price of the delivered goods with interest. (Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074, 1996). Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447 In this case the Antillean Rice Mills exports rice from the Dutch Antilles to the EC Council Regulation No. 304/97 which has introduced a safeguard measure in the form of a tariff quota for the period of 1 January to 30 April 1997. The safeguard measure was justified because of the instability of the Community market of a certain type of milled rice, Indica, which was being sold at a price considerably lower than the intervention price. Antillean Rice Mills brought an action for annulment of the aforesaid Regulation before the Court of First Instance and asked the Court to suspend its application during the course of the action. The applicant argued that if interim measures were not granted, the company risked suffering serious and irreparable harm; first because it would have to dismiss 80 out of a total of 117 employees, with consequent loss of know-how and, second, because it risked losing its business relationships and market shares due to the impossibility of satisfying the orders of its clients. The Court dismissed the application on the basis that the applicant failed to prove the irreparable nature of the damage caused by the immediate implementation of the measure. According to settled case law, `damage of financial nature is not in principle considered to be serious and irreparable’, unless the alleged damage threatens the existence of the company concerned or it cannot be quantified. The alleged temporary loss of productivity with the consequent restructuring of the company and loss of market shares were not found to be irreparable damage that could not be rectified by appropriate compensation if the Regulation was annulled. Second, the suspension would deprive the Regulation of its effectiveness in the event that the main plea was dismissed and the Regulation upheld. If low-price rice imported from the OCTs continued to overflow the market, the Community rice producers would have no incentive to change over to Indica rice, which was the purpose of the safeguard measure. In this situation, since permanent damage was not proved, the Court upheld the Community interest in the direct application of the actions. (Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447, n. d. ). Conclusion In this paper it shows that force majeur does not immediately means that it can derived from an event that are beyond the control of the parties or act of God, like earthquake, flood, etc. It can also include certain damage to production, like machine breakdowns and strikes by employees. It also stated here that force majeur must be carefully studied and validated before any project may be started. Obligations of both parties must also be specified in the contract in order not to encounter confusion on what is really part of the force majeure clause and those that are purely obligatory to both parties. References Adlam, JG. â€Å"Force Majeure Events Commercial and Legal Consequences. † Ministry of Economic Development – Crown Minerals. 28 August 2007 â€Å"Case T-41/97 R, Antillean Rice Mills NV v Council, Order of the Court of First Instance of 21 March 1997, [1997] ECR II-447. † International Trade Developments, Including Commercial Defence Actions XIII. n. d. Chasnow, Robert. â€Å"Application of the Interstate :and Sales Full Disclosure Act to Condominium Projects and Single Family Homes. † Holland+Knight. 2007 â€Å"Construction Contracts: Defining & Shifting the Risk. † Stewart McKelvey. 7 July 2004 â€Å"Firma Milch-, Fett- und Eierkontor GmbH v Bundesanstalt fur landwirtschaftliche Marktordnung, Reference for a preliminary ruling: Verwaltungsgericht Frankfurt am Main – Germany, Butter from stock – Force majeure. † European Court reports 1979. 1979 â€Å"Force Majeure. † Wikipedia: The Free Encyclopedia. 18 October 2007 < http://en. wikipedia. org/wiki/Force_majeure> â€Å"Hungary 10 December 1996 Budapest Arbitration proceeding Vb 96074. † CISG Case Presentation. 1996 Hussin, Abdul Aziz. â€Å"Force Majeure Clause. † University Sains Malaysia. n. d. Eriksen, Eivind. â€Å"Terrorism and Force Majeure in International Contracts. † Bond Law Review. 2004

Gestational Diabetes Essay

The clinic RN reviews Amanda’s prenatal record prior to performing a nursing assessment. Amanda has given birth twice, once at 35-weeks (twins) and once at 39-weeks (singleton). All of these children are alive and well. She has had one spontaneous abortion at 9-weeks gestation. 1. How should the nurse record Amanda’s obstetrical history using the G-T-P-A-L designation? A) 3-2-0-1-3. B) 3-1-1-1-2. C) 4-1-1-1-3. D) 4-2-1-0-2. Correct answer(s): C The nurse notes that Amanda’s fasting 1 hour glucose screening level, which was done two days previously, is 158 mg/dl. 2. The nurse recognizes that what information in the client’s history supports a diagnosis of gestational diabetes? A) Maternal great-aunt has insulin dependent (Type 1) diabetes. B) Youngest child weighed 4300 grams at 39-weeks gestation. C) Trace of protein noted in urine specimen at last prenatal visit. D) Client is 64 inches tall and weighed 134 prior to pregnancy. Correct answer(s): B Further Glucose Screening Amanda is scheduled for a 3 hour oral glucose tolerance test in 5 days, and is told to arrive at the lab at 8:30 am. Amanda asks if there are any special instructions for the test in addition to fasting for 8 hours immediately prior to the test. 3. Which instruction should the nurse give the client? A) Only coffee or tea is allowed once the fasting level has been drawn. B) Follow an unrestricted diet and exercise pattern for at least 3 days before the test. C) Write down questions and call the laboratory for instructions the day before the test. D) Smoking in moderation is allowed up until the time the test begins. Correct answer(s): B Amanda asks the nurse why she wasn’t tested for gestational diabetes until she was almost 28-weeks gestation. 4. The nurse’s response should be based on the understanding of which normal physiologic change of pregnancy? A) Maternal insulin crosses the placenta to regulate fetal glucose levels throughout pregnancy. B) In the first trimester, estrogen and progesterone cause an increase in maternal fasting glucose levels. C) Hormonal changes in the second and third trimesters result in increased maternal insulin resistance. D) Fetal insulin production increases each trimester, forcing the mother’s body to produce more glucose. Correct answer(s): C Interdisciplinary Client Care Amanda’s 3 hour Oral Glucose Tolerance Test indicates that she does have gestational diabetes. The RN phones Amanda and arranges for her to meet with the CNM and perinatologist, as well as an RN diabetes educator and a registered dietician (RD) the next day. The perinatologist and CNM discuss gestational diabetes with Amanda and after seeking input from Amanda, outline their suggested plan of care, which includes dietary control and glucose self-monitoring. After the perinatologist and CNM leave, Amanda appears confused and asks the RN, â€Å"Does this mean I will always have diabetes?† 5. Which response should the nurse give to the client? A) â€Å"You will need to be periodically evaluated for Type 2 diabetes for the rest of your life.† B) â€Å"There should be no problem as long as you do not have to use insulin during this pregnancy.† C) â€Å"There is no need to talk about this now. We’ll discuss it at your first postpartum visit.† D) â€Å"Tell me what worries you about the possibility of developing Type 2 diabetes after your pregnancy ends.† Correct answer(s): A After all her questions are answered, Amanda is scheduled for a return visit with the CNM in one week, and is escorted to the office of the registered dietician (RD). The RD discusses the need to control carbohydrates while maintaining an appropriate carbohydrate-protein-fat ratio to promote consistent weight gain (based on the woman’s body mass index), prevent ketoacidosis, and encourage normoglycemia (euglycemia). Amanda is then introduced to the RN diabetes educator. She asks the nurse to clarify what the RD told her about the content and timing of her meals. 6. Which response should the nurse give to the client? A) Eliminate the bedtime snack if heartburn develops after eating. B) Choose complex carbohydrates that are high in fiber content. C) Increase the percentage of protein in the diet if anemia develops. D) Vary timing of meals and snacks based on individual preferences. Correct answer(s): B The RN diabetes educator makes a plan of care to teach Amanda to monitor her glucose levels. The RN diabetes educator discusses the use of self-glucose monitoring and gives Amanda verbal and written guidance about optimal glucose levels at each glucose testing point throughout the day. The nurse also provides instruction about calibration of the glucose monitor, fingerstick technique, and use of the monitor for testing. After reviewing the instructions and a successful return demonstration, the diabetes educator and Amanda agree to meet after Amanda’s prenatal appointment to follow-up on today’s teaching/learning. 7. Which fingerstick blood glucose (FSBG) testing protocol should the diabetes educator recommend for Amanda? A) Only if symptoms of hypoglycemia or hyperglycemia occur. B) Prior to breakfast (fasting) and two hours after each meal. C) Before and two hours after all meals, at bedtime, and during the night. D) Once daily until glucose levels are stabilized, then weekly. Correct answer(s): B A Complication Occurs Amanda manages her gestational diabetes with diet. She experiences a few episodes of postprandial hyperglycemia, but does not have to go on insulin. At her 36-week prenatal visit, the CNM assesses Amanda and finds that there is no increase in fetal growth since the week before. When questioned further, Amanda tells the CNM that the infant has seemed to â€Å"slow down† a little the last few days. After consultation with the perinatologist, a biophysical profile (BPP) is scheduled and Amanda is admitted to the hospital’s antepartum unit. The antepartum RN performs a nonstress test (NST) as part of the BPP. 8. The nurse recognizes which fetal heart rate (FHR) changes indicate a reactive nonstress test? A) Persistent late decelerations associated with three uterine contractions, lasting 40 to 60 seconds each in a 10 minute period. B) An increase in the FHR baseline to 170 beats per minute, lasting for at least 20 minutes. C) Marked, long term FHR variability in response to contractions caused by nipple stimulation. D) Two episodes of acceleration (> 15 beats/minute, lasting > 15 seconds) related to fetal movement in a 20 minute period. Correct answer(s): D Amanda has a non-reactive Non-stress Test. She is taken to the ultrasound department for completion of the BPP and her total score is 6 (Fetal Breathing Movements = 2, Gross Body Movements = 0, Fetal Tone = 2, Reactive Non-stress Test = 0, and Qualitative Amniotic Fluid Volume = 2). Based on this score, the perinatologist recommends an amniocentesis be completed to assess for lung maturity prior to making a decision whether to induce delivery for Amanda the next day. 9. Prior to the amniocentesis, which action should the nurse take first? A) Administer Rh immune globulin (RhoGAM) if client is Rh negative. B) Assist the client to the bathroom and ask her to empty her bladder. C) Apply the external fetal monitor to evaluate uterine contractility. D) Clean the abdomen with betadine solution and sterile 4 by 4s. Correct answer(s): B Amanda and her fetus are monitored for two hours after the procedure and display no adverse effects so the external fetal monitor is discontinued. The amniocentesis reveals fetal lung maturity and an induction is scheduled for the next morning. At 2 a.m. Amanda complains of increased uterine discomfort. She is contracting every 10 minutes and while the antepartum nurse is in the room, Amanda’s membranes rupture spontaneously. 10. Which action by the nurse takes priority? A) Notify the CNM and perinatologist of the changes in Amanda’s status. B) Transfer Amanda to the labor-delivery-recovery (LDR) suites. C) Reapply the external fetal monitor to evaluate the fetal heart rate. D) Start an intravenous line using an 18 gauge or larger intravenous catheter. Correct answer(s): C

Disussion thread for Week 2, 3, and 4 Assignment

Disussion thread for Week 2, 3, and 4 - Assignment Example Ken is a competent nurse. Patients, hospital administration and physicians are passionate about his job. Therefore, it is recommendable to find a solution for him to prevent endangering patient’s life. Ken’s situation is of interest because his primary role is to provide patient safety. However, alcohol abuse hinders his efficiency and effectiveness in role. Therefore, there is a need for a remedy. Ken is a victim of alcohol abuse because of various reasons. He is stressed by domestic problems which makes him report to work drunk. He does not relate well to his co-workers that makes him lonely at the workplace. Therefore, it is the obligation of the hospital management to help Ken adjust to the problem. Last week a patient reported that he is not getting any relief from the pain medication that Ann had administered earlier. After contacting Ann, she was impaired in the Emergency Department and became upset by the interrogation on why the patient was complaining. She had injected herself with the drug. It is unethical for Ann to abuse a patient’s prescription. The use of prescription drugs results in either slow patient recovery or death, which is a medical negligence and malpractice hence unethical (Thomas & Siela, 2011). Primary care for patient safety is a significant purpose for nurse functions. Nurses should perform their duties with the moral code of conduct in utmost proficiency. Therefore, medical malpractice is a nuisance and unethical hence Ann’s behavior is a matter of concern that requires a remedy. Ann’s unethical behavior is caused by personal and workplace factors. Using patient’s prescription enables her relieve herself from stress and workplace conflicts. The act, however, is risky and unjustified to uphold patient safety, which is the primary function of a hospital. A scope of practice refers to the expert activities defined under state law. The scope of practice for a nurse is determined by each state’s nurse practice act.