Should insurable interests be abolished Essay Example

Should insurable interests be abolished Essay Should insurable involvements be abolished? In this thesis I will ship upon a elaborate rating of the jurisprudence in relation to ‘insurable interests.’ I shall through analysis of legislative act and case-law describe the current regulations refering to this country of jurisprudence, and shall sketch the advantages and disadvantages of such. Through treatment of the altering fortunes giving rise to insurable involvements I shall so measure whether or non, based upon these analyses, we should get rid of insurable involvement from UK Law. We will write a custom essay sample on Should insurable interests be abolished specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Should insurable interests be abolished specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Should insurable interests be abolished specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The first thing to observe is that historically it has been really hard to place a general regulation to explicate when insurable involvements should use, as there has neer been a general demand for an insured to possess an involvement in the capable affair of an insurance policy. Alternatively specific regulations have been developed for different types of insurance agreements. For illustration, the regulations refering to Life Assurance Policies are set out in the Life Assurance Act 1774, which describes itself as â€Å"An Act for modulating Insurances upon Lives, and for forbiding all such Insurances, except in instances where the Persons sing shall hold an Interest in the Life or Death of the Persons insured, † whereas the regulations refering to Marine Insurance policies are governed by the Marine Insurance Act 1906, a codification of the regulations contained in the earlier statutory instruments ; the Marine Insurance Act 1746 and the Marine Insurance Act 1788. Other policies, including liability and belongings insurance are governed by regulations which have been established through common jurisprudence instead than legislative act, but are similar in nature to the regulations contained within the Marine Insurance Act 1906. I shall discourse the assorted different types of Insurance Policy and the particular regulations which govern the demand of insurable involvements in greater deepness subsequently in this essay, but for now I would merely wish to do the point that the deficiency of general regulations refering to insurable involvement topographic points an interesting new dimension to the treatment subject with which we are faced in this essay ; should insurable involvements be abolished wholly, or are their certain types of insurance policies to which they should go on to use? Before we embark on our analysis of the instance jurisprudence and the legislative act refering to insurable involvements, allow us foremost be clear about the nature of the philosophy. The philosophy of insurable involvements precludes those people who have certain types of involvements in the life, liability or belongings to be insured from lawfully buying insurance policies over those involvements. In basic footings, the philosophy of insurable involvements prevents a individual from taking out insurance policies on life, belongings or liabilities in which that individual has no vested involvement or ownership. The principle for this regulation is about axiomatic ; to let person to take out an insurance policy against, for illustration, the devastation of belongings in which he or she does non hold any ownership would be to efficaciously allow such a individual to utilize the insurance system as a method for chancing, the insurance premiums stand foring the exclusive steak, and the pay-out against the devastation of that belongings as the pay-out. R Merkin, in his article â€Å"Gambling by Insurance – A Study of the Life Assurance Act 1774 [ 1 ] † argues this point persuasively, and points out that such a gambling civilization contravenes the really implicit in aims of the UK insurance system ; it is non a system designed to assist people enrich themselves through bad luck, but instead one which compensates or reimburses for losingss really suffered. Therefore, we may province that one of the cardinal aims of the philosophy of insurable involvements is to continue the insuranc e rule of insurance by forestalling people utilizing insurance as a method for chancing. From this analysis emerges yet another immorality which the philosophy of insurable involvements is obviously trying to forestall ; is person is allowed to see against belongings, life which does non belong to them, so that individual would so hold a vested involvement in the devastation of that belongings. For illustration, if I have taken out insurance against my neighbour’s ?250,000 house, at an one-year premium of ?500, so if the house was destroyed, so I would efficaciously do a net income of ?249,500. Whilst non everybody would really put about to intentionally destruct others belongings, the potency for utmost net income would surely promote some people to prosecute in this pattern. Therefore another chief aim of the philosophy of insurable involvements is to forestall moral jeopardy ; insurance policies should non make inducements for people to destruct the capable affair of the policy. As mentioned antecedently, the philosophy of insurable involvements was established by 18th century legislative act ; the Life Assurance Act 1746 or the Life Assurance Act 1774. These two legislative acts nevertheless failed to prosecute in a definition of what was meant precisely by an ‘insurable interest.’ Debate ensued as to whether an insurable involvement should be limited to strictly legal involvements, or whether a ‘factual expectation’ of an involvement in the belongings would do. The range of this argument can be seen through a comparing of two 18th century instance determinations. The first is the instance of Le Cras v. Hughes 1782 [ 2 ] . The facts of this instance were as follows: A British Captain was appointed Captain of a Spanish vas, which was captured by the British in the war with Spain. Under the Prize Act, the crew of a ship may really, under certain fortunes, be awarded with the rubric of a ship and its goods one time a captured ship returned to England. With this in head, the crew of the ship decided to take out an insurance policy to protect their possible involvement in the ship. On their ocean trip back to England a violent storm destroyed the ship, and as such the Captain and the staying crew tried to claim for the loss of the ship on their insurance policy, but the insurance company refused to pay out on the footing that the legal involvement in the ship had non yet become vested in the Captain as the ship neer managed to return to England in tact. Judge Mansfield, whilst holding with the insurance company that the Captain did non really have a legal anticipation in the vas, still held that the Captain should be able to retrieve. He reasoned that the Captain has acquired what might be described as a ‘factual expectancy’ based upon the fact that from past experience of English maritime usage whenever a gaining control has been made, since the Revolution ( 1688 ) , by sea or land, the Crown has made a grant and there has been no case to the contrary. Judge Mansfield hence held that the Captain of the ship did in fact possess an insurable involvement and was entitled to be reimbursed for the full cost of the ship by the insurance company: An involvement is necessary, but no peculiar sort of involvement is required. Master Holfold s insurance though non a vested involvement, were held insurable. An agent of awards may see his net incomes though they are in eventuality Some writers see this instance as simply an illustration of the jurisprudence intervening and making a philosophy in order to forestall unfair consequences from happening ; the Captain did non take out a policy for the intents of unfair enrichment, but instead to protect his possible involvement in the vas. The opinion of this instance is non in dispute to the insurance rule of insurance, and hence Judge Mansfield could see no ground why the Captains claim should non be allowed. The philosophy of factual outlook may therefore hold been created to let the tribunals to relinquish the rigorous legal regulations where appropriate, i.e. where the consequence through application of the rigorous legal regulations would non be the most merely in the full fortunes of the instance. This instance may hence be seen as an illustration of judicial pragmatism. On the other side of the coin is the instance of Lucena v. Crawford ( 1805 [ 3 ] ) , a instance that attempted to set up a narrow and stiff legal definition of insurable involvement. The facts of this instance are really similar to those that we have merely discussed supra, but in this instance, Lord Eldon decided that he did non desire to advance the philosophy of factual outlook, but instead make a stiff regulation that would advance a greater grade of legal certainty in instances sing the designation of insurable involvements. Lord Eldon insisted that the being of an insurable involvement must depend upon the being of a legal right, and as the Captain did non hold a legal right to the ship in inquiry, he could non be supported by jurisprudence in his claim against the insurance company. His concluding for this determination was as follows ; if the insurance company who had insured the ship were in a place to be able to see a ship when they did non at that minute in clip have any belongings involvement in that vas, so it would similarly be possible for anyone to see the ship and as such all the jobs of the insurance system being used as a method for chancing would once more originate: ..If they have a right so to see, it seems to me that any individual who is directed to take goods into his warehouse may see If moral certainty be a land of insurable involvement, there are 100s, possibly 1000s, who would be entitled to see. First the dock company, so the dock-master, so the warehouse-keeper, so the porter, so every other individual who to a moral certainty would hold anything to make with the belongings, and of class get something by it. Eldon farther supported his statement by manner of a conjectural analogy: Suppose A be possessed of a ship limited to B in instance A dies without issue ; that A has 20 kids, the eldest of whom is 20 old ages of age ; and B is 90 old ages of age. It is a moral certainty that B will neer come into ownership, yet this is a clear involvement. On the other manus, say the instance of the inheritor at jurisprudence of a adult male who has an estate worth 20,000 a twelvemonth, who is 90 old ages of age ; upon his death-bed intestate, and incapable from incurable madness from doing a will, there is no many who will deny that such an inheritor at jurisprudence has a moral certainty of wining to the estate ; yet the jurisprudence will non let that he has any involvement, or any thing more than a mere outlook. In Eldon’s sentiment hence the former would hold an insurable involvement, whereas the latter would non. And so we can get down to see non merely the aims behind the philosophy of insurable involvements, but besides the practical jobs of making a legal trial which will forestall these aims being breached but that will besides, at the same clip allow those who should, in the fortunes of their instance, be awarded wage from their insurance companies, despite their non holding a rigorous legal involvement in the belongings in inquiry. The inquiry which we must now inquire ourselves is this ; are these aims still of import in the twenty-first Century, and if so, are they so of import that the philosophy of insurable involvements must stay in UK jurisprudence? Let us now examine how the philosophy of insurable involvements has developed since the above instances, with peculiar mention to how the regulations differ for each type of insurance policy ; after all, as touched upon earlier in the essay, there is no general regulation that an insurable involvement is required for every type of insurance policy, and hence there is no ground why our decision must be limited to a yes or no reply as to whether this philosophy should be abolished. In relation to life confidence policies, the jurisprudence insists that the insurance company, i.e. the individual taking out the insurance policy, has an insurable involvement in the life of the insured, i.e. the individual whose life is being insured. Straight off we can see a job with using our earlier definitions of insurable involvement to such state of affairss ; a individual can non purely talking have a legal involvement in the life of another. The jurisprudence in this country nevertheless has developed to merely allow people to take out life confidence policies against either their partner, or any individual who is financially dependent upon the individual taking out the insurance policy. The legal authorization for this limited range is contained in subdivision 1 of the 1774 Life Assurance Act, which provides: â€Å"†¦ no insurance shall be made by any individual †¦ on the life or lives of any individual, or on any other event or events whatsoever, wherein the i ndividual or individuals for whose usage, benefit, or on whose history such policy or policies shall be made, shall hold no involvement, or by manner of chancing or wagering: and that every confidence made contrary to the true purpose and significance hereof shall be void and null to all purposes and intents whatsoever.† The inquiry which immediately comes to mind is how the jurisprudence can warrant a differentiation between those twosomes who are married and those twosomes that are un-married but are live togethering in a similar manner? After all we can non doubt the fact that a twosome may be in love with one another and be in close propinquity whether married or non, and as such, the same justification for leting married twosomes to see against each other’s possible decease must use to those twosomes who are populating together. In relation to Marine Insurance, as mentioned earlier, the jurisprudence is governed by the Marine Insurance Act 1906, a codification of the regulations contained in the earlier statutory instruments ; the Marine Insurance Act 1746 and the Marine Insurance Act 1788. The relevant subdivisions refering to the philosophy of insurable involvements are as follows: Section 4 ( 1 ) of the Act provides that: â€Å"Every contract of Marine insurance by manner of gambling or wagering is void.† This subdivision clearly demonstrates that the aims of the philosophy of insurable involvement, as discussed antecedently, were still, in 1906, a great concern to the legislators of the clip. Section 4 ( 2 ) of the Act sets out the state of affairss which will be classed by jurisprudence as ‘gambling or wagering’ : â€Å"A contract of Marine insurance is deemed to be a gambling or beting contract- ( a ) Where the assured has non aninsurable involvementas defined by this Act, and the contract is entered into with nooutlook of geting such an involvement; or ( B ) Where the policy is made â€Å"interest or no involvement, † or â€Å"without farther cogent evidence of involvement than the policy itself, † or â€Å"without benefit of salvage to the insurance company, † or capable to any other similar term: Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurance company. † Within this subdivision we can see an incorporation of both the rigorous legal trial of insurable involvement [ as highlighted in bold above ] along with an recognition that a factual outlook will do as an insurable involvement [ in italics above ] . The existent definition of insurable involvement nevertheless is contained in subdivision 5 of the 1906 Act, which provides that: â€Å" ( 1 ) Subject to the commissariats of this Act, every individual has an insurable involvement who is interested in a marine escapade. ( 2 ) In peculiar a individual is interested in a marine escapade where he stands in any legal or just relation to the escapade or to any insurable belongings at hazard therein, in effect of which he may profit by the safety or due reaching of insurable belongings, or may be prejudiced by its loss, or harm thereto, or by the detainment thereof, or may incur liability in regard thereof.† And so we can see that one of the differences between the philosophy of insurable involvement in relation to life confidence as opposed to marine insurance is the fact that with the former the insurable involvement must be at the clip of taking out the policy [ 4 ] , whereas with the latter an insurable involvement is merely required at the point of loss [ 5 ] . This opposing point of view does non truly do much rational sense, and non merely supports our earlier unfavorable judgment that the philosophy of insurable involvement should use to life confidence policies between single twosomes, but besides raises a concern as to the anomalous nature of the philosophy and the ensuing deficiency of legal certainty. There are farther anomalousnesss ; the regulations of insurable involvements for insurance insurance policies are non governed by either of the above statute law, but instead through common jurisprudence which has come to the place that for such policies an insurable involvement is required but that such an involvement may be direct or indirect and can be proved through demoing that the individual concerned has suffered a loss [ 6 ] . The regulations of insurable involvement for all other types of insurance policy are governed, albeit indirectly, by Section 18 of the Gaming Act which renders unenforceable â€Å"All contracts or understandings, whether by word or in authorship, by manner of gambling or wagering, shall be void and void.† As we can see, the fact that there are different regulations for each type of insurance policy, and the fact that there are disagreements in the application of the philosophy of insurable involvements between each of these different insurance types truly does intend that the jurisprudence in this country is extremely unaccessible, in that the regulations for the application of this philosophy are contained in ancient legislative act and case-law and are non easy to happen, and incoherent, in that there are anomalousnesss such as the one pertaining to the life confidence of un-married twosomes. In portion the anomalousnesss may merely be a consequence of the fact that this philosophy has been developed in a piece-meal manner over a long period of clip, but whatever the grounds the fact is that this is a major unfavorable judgment of the current jurisprudence pertaining to insurable involvements. Waller LJ nevertheless, in the instance of Feasey V Sun Life Assurance Company [ 7 ] , argues that due to the nature of the construct of the philosophy of insured involvements, it impossible to hold the same set of regulations which applies to every type of insurance policy. He said: â€Å"†¦ I would propose that it is hard to specify insurable involvement in words which will use in all state of affairss. The context and the footings of a policy with which the tribunal is concerned will be all important. The words used to specify insurable involvement in, for illustration, a belongings context, should non be slavishly followed in different contexts, and words used in a life insurance context where one identified life is the topic of the insurance may non be wholly apt where the topic is many lives and many events. [ 8 ] † I would reason that whilst I agree that there good may some cardinal and built-in grounds for using the philosophy of insured involvements otherwise dep ending upon which type of loss is the topic of an insurance policy, greater justification is required if such disagreements are allowed to prevail. Ward LJ, in the same instance did non hold with Waller LJ but instead advocated thatâ€Å"for the interest of lucidity and consistence, insurable involvement should bear every bit about as possible the same significance for all classs of insurance.†I agree with Ward’s sentiment. These unfavorable judgments aside, the fact is that in pattern the judiciary tend to favor the determination of an insurable involvement in such instances. The ground for this was expressed compactly by Brett MR in the instance of Stock V Inglis ( 1884 ) [ 9 ] : â€Å"In my sentiment it is the responsibility of a Court ever to tilt in favor of an insurable involvement, if possible, for it seems to me that after investment bankers have received the premium, the expostulation that there was no insurable involvement is frequently, every bit about as possible, a proficient expostulation, and one which has no existent virtue, surely non as between the assured and the insurer.† Given this go oning desire to see that insurance companies meet their fiscal duties to those people from whom they have accepted insurance premiums, and given the legislatives continued committedness to forbid contracts of gaming and wagering, we must inquire ourselves whether or non the philosophy of insurable involvements has any existent topographic point in out 21stCentury Insurance jurisprudence. Besides, the modern demands of uberrima fides [ utmost good religion ] make impulsive revelation of all relevant material facts known to the insured party a legal demand, and based upon this information it is up to the insurance company to make up ones mind whether they wish to see against the hazard in inquiry, and what premium they require. I do non believe that it is just that an insurance company can hold to see person for a hazard at a certain premium, and so when that hazard materialises into a world the insurance company turn about and decline to do payment on the trifle of defic iency of insurable involvements. On this footing I feel that whilst it may non be necessary to get rid of the philosophy of insurable involvements, alteration is surely required to guarantee that it is non used by insurance companies as a proficient land for equivocation of liability. An interesting statement has been put frontward by Clarke in his 2005 article Policies and Perceptions of Insurance Law in the Twenty-first Century [ 10 ] . He argues that the philosophy of insurable involvement does non function its intent in the manner that it purports to make. He argues that people should be allowed to see against what they choose, be it other people or other people’s belongings. He grounds this statement by was of a conjectural illustration: â€Å"If A, for grounds which A knows best, values B s life adequate to pay premiums, why non allow A make so? Why non trust people? Why non swear the constabulary, who will be the first to look at A if B dies all of a sudden, and society at big to see that B is safe from A? † This is a really good point ; after all should belongings be destroyed or a individual be killed the constabulary would be the first to ask as to who would profit from such occurrences and this would in most instances point to the perpetrator. What Clarke does non account for in his statement is the fact that if insuring on other people’s lives became a wide-spread commercial world, it may be really hard for the constabulary to place the individual who performed the condemnable harm or slaying, as the perpetrator may be one of a figure within an insurance mob. Despite this, I do empathise with Clarke’s point of view, and do experience that it would be better to hold a system which was non so randomly restrictive. In decision, I would reason that there surely is a instance for the abolishment of the philosophy of insurable involvements ; the current philosophy and the regulations thereof are really unaccessible, being contained in different and really ancient instance jurisprudence and legislative act, inconsistent [ as between different types of insurance policy ] and in topographic points are unduly restrictive. It can besides be argued that there is no existent demand for the philosophy in 21stCentury insurance jurisprudence, as the contractual demand of uberrima fides coupled with the jurisprudence which prohibit bet oning or beting in such contexts are sufficient to forestall insurance policies being used in such ways without the philosophy of insurable involvements. These are non needfully nevertheless exceptionally strong grounds for get rid ofing this philosophy wholly, but there is no uncertainty that it surely needs reform. The jurisprudence should be clarified, with one regulation which applies to all sorts of insurance policy. Besides, insurance companies should be regulated to a greater grade so that they can non utilize the philosophy as a trifle by which they will seek to avoid paying out on their insurance policies. Bibliography and Mentions Legislative acts: Life Assurance Act 1774 Marine Insurance Act 1906 Marine Insurance Act 1746 Marine Insurance Act 1788 Life Assurance Act 1746 Cases: Le Cras v. Hughes 1782 99 Eng.Rep. 549 ( KB 1782 ) Master Holfold s Lucena v. Crawford ( 1805 ) 127 Eng.Rep. 630 ( 1805 ) 331Dalby 5 India and London Life-Assurance Co ( 1854 ) 15 CB 365 Siu Yin Kwan V Eastern Insurance [ 1994 ] 2 AC 199. Stock V Inglis ( 1884 ) 12 QBD 564 Feasey V Sun Life Assurance Company [ 2002 ] 2 AER ( Comm ) 492 and [ 2003 ] 2 AER ( Comm ) 587 Diaries: R Merkin â€Å"Gambling by Insurance – A Study of the Life Assurance Act 1774† ( 1980 ) 9 Anglo-American Law Review M A Clarke, Policies and Perceptions of Insurance Law in the Twenty-first Century ( 2005 ) P 38. Leimberg and Gibbons, TOLI, COLI, BOLI, and Insurable Interests An Interview With Michel Nelson, Estate Planning Magazine, Vol. 28, No. 1, July 2001, Pg. 333. â€Å"Insurable Interest in Property: A Socio-Economic Re-evaluation of a Legal Concept† B Harnett, JV Thornton Columbia Law Review, 1948 1

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THE GREAT GLOBAL WARNING SWINDLE - Essay Example The relentless quest for the so called betterment of society has resulted in a drastic increase in the so called greenhouse gases like carbon dioxide, methane and nitrous oxide. Many studies have shown that these gases that are released from factories and other manufacturing establishments have contributed to warming of the earth’s atmosphere. This factor could have far reaching consequences with regard to survival of the human species and other living organisms in the planet in the sense that increased temperature could result in rising of the levels of water bodies in the world. The argument is that polar ice caps will begin to melt resulting in rise in water levels of the oceans and seas across the globe. This rise in water levels can result in large areas of inhabited land being inundated by seas and oceans, ultimately resulting in destruction of human habitation (and other species). In effect, the layman is now presented with an apocalypse view of what might happen to Mot her Earth if this so called progress of technology is left unchecked. In fact, it is one of the most controversial and contentious issues that is probably facing the world in the long run. What is to be considered is that temperatures have risen overall that life in any form is precious and any activity that is detrimental to this should be stopped. This argument, primarily by environmentalists and those concerned with sustainability is that industrialization in its current form is a sure way to ensure destruction of life on planet earth. But other arguments by equally qualified scientists and other experts show that human activity does not have the capability to imbalance the power of nature. In other words, the so called pollution and the greenhouse gases is not a major factor in contributing to the future of life on earth for any species including human beings. One of the most controversial films regarding the

Comparison of Hes Just Not That Into You and 17 Again

Comparison of Hes Just Not That Into You and 17 Again People are always looking forward to watch romantic comedy movie as a way to spend time together with their beloved ones. In fact, romantic comedy is a general phrase for comedies that basically deal with the foolishness and misunderstanding of either young or middle aged lovers, in a light-hearted and happily manner which commonly inhibits serious parody. A typical plot of a romantic comedy is that two main characters, usually a man and a woman, come across, part away due to conflicts or other obstacles, then finally reunite. There are many options of romantic comedy movies to choose. The two romantic comedy movies which I choose to compare and contrast are â€Å"Hes just not that into you† and â€Å"17 Again†. Even though both movies have the same genre, that is romantic comedy, but they are different in terms of settings, story lines, and moral value. First and foremost, the settings of these two movies are different. â€Å"Hes just not that into you† was set primarily in middle aged adult working environment at Baltimore, Maryland, USA where as â€Å"17 Again† was set in teenager high school kind of environment at Los Angeles, California, USA. The characters present in the â€Å"Hes just not that into you† were mainly middle aged working adults and â€Å"17 Again† were teenagers and their parents. Secondly, the most obvious dissimilarity of these movies is the story lines. â€Å"Hes just not that into you† is about a few characters struggling with ups and downs of their love lives in a complicated kind of way. At the centre of these multiple stories in one movie is Gigi, a young woman who repeatedly misunderstands the signs that men had given her about their level of interest in her. She got her advice from Alex, a bar owner who prides himself on perceiving the ins and outs of the dating scene. Gigis co-worker Janine found herself having difficulties in saving her marriage with her husband, Ben. On the other hand, Ben contemplated an affair with Anna, an attractive woman who was trying to make a career as a singer, from his wife. Another of Gigis friends at work, Beth, enjoyed a fruitful, healthy relationship with Neil, but soon storm clouds hover over them because he has no interest in getting married. In â€Å"17 Again†, it is about an unhappy working man who h ad transformed into a 17 years old teen in order to solve his family problems regarding his teen children and wife. At the age of 17, Mike ODonell was a successful person. Scarlett revealed she was pregnant before his basketball championship. After their marriage, Mike, a working man, complained the life he lost. One night, he saw a janitor standing on a bridge and jumped in after him. When he returned to his friends house he realized he was 17 again. He decided to take this opportunity to save his marriage and fix his relationship with his two teenage children. Furthermore, another dissimilarity that can be seen in both of these movies is the moral value. The moral value for the first movie is that we should not be a greedy person. In the movie, Ben who had an affair with Anna without his wife knowing eventually lost two of them in the end. For the second movie, the moral value emphasize on we should carry out our own responsibility regardless whether we are in a good or bad situation. In the movie, a young Mike ODonell carried out his responsibility by marrying his girlfriend who was pregnant with his child when they were both 17 years old. Here are the three main differences between â€Å"Hes just not that into you† and â€Å"17 Again†. As we can see, they break down to setting, story line and moral value that can be learnt through watching the movie. In a nutshell, both movies have their pros and cons despite they have the same genre.

To Have and Have Not by Ernest Hemingway Essay -- essays research pape

To Have and Have Not by Ernest Hemingway   Ã‚  Ã‚  Ã‚  Ã‚  Ernest Hemingway's novel, To Have and Have Not, is about a man named Harry. Harry is a fisherman, and when he goes fishing he brings along a black man named Wesley. Eddy, who is a rummy, and Mr. Johnson who chartered Harry's boat also accompanied him on one of his fishing expeditions.   Ã‚  Ã‚  Ã‚  Ã‚  On this fishing journey that Harry and all of his colleague's had taken, Harry said to Mr. Johnson, "I think you're going to have a chance to fight one today." About that time Mr. Johnson had a fish on his line. He kept on pulling on the fishing line and giving it slack. For a few moments, they all thought that the fish mighty be dead, but after he got off of the line they knew that Mr. Johnson had messed up and let the a great fish get away.   Ã‚  Ã‚  Ã‚  Ã‚  The second fish that Mr. Johnson snagged was a black marlin. He fought and fought with the fish until his arms went numb. After a couple of minutes, the fish took the rod, the real, and the line. Harry wanted Mr. Johnson to pay for the tackle that he lost, but Mr. Johnson ran off without paying.   Ã‚  Ã‚  Ã‚  Ã‚  After all of his troubles with Mr. Johnson, Harry went to Donovan’s and had a drink, and purchased a drink for Frankie. Frankie called himself a businessman, and he would always say "Me Frankie; much politics." Frankie set it up so that Harry and a guy named Mr. Singer could meet to talk about a new job for Harry. They meet at the Perla. Mr. Singer was a nice looking Chink. He wanted to know about H...

Developing Learning & Development Activities Essay

Training Plan The purpose of my training session was to equip delegates with the right skills and knowledge to understand the changes auto-enrolment brings and what they need to communicate to their employees. Prior to my training session I emailed the learners to gage their existing knowledge on auto enrolment. There was a mix in responses with a couple of people saying their knowledge was around 3 on a scale of 1 to 10, a few sitting on the fence who have an awareness of auto enrolment but did not know all the legalities, and a couple who’s companies had already gone through the process. From this feedback I decided to cover the basics of the auto enrolment process, as trying to aim my training session at those with an existing knowledge would therefore make it confusing and above those with less knowledge. My view is that even if you know what you’re doing, it never hurts to go back over the basics to ensure you’ve not missed anything so that was what I aimed to do with my training session. The principles of adult learning include getting the learners involved in the planning and evaluation of the training and making sure they understand the reason for learning something. I feel these principles were reflected in my training session by communicating with them prior to the session to gage their knowledge; this meant they knew what to expect and by giving their feedback it helped to mould what level the session would be aimed at. The main resource available for the session was the whiteboard. I used this as the foundation of my training session by creating a PowerPoint presentation to use as a visual aid and form the basis of the session. I used both forms of assessment methods within my session; for a formative assessment I created a quiz on the categories of employees. I went through the theory and the facts first then tested what they had understood by putting the theory into practice. By the end of the quiz all learners were getting the questions right and ensured me they had a clear understanding on  the different categories. As a summative assessment I asked them to what extent they thought the training session had given them a better understanding of the pension changes on my feedback form. Comparing this to their knowledge rating from my email prior to the session, I can evaluate that everyone has benefited from the session as scores were either 4 or 5 on a scale of 1 to 5. Structure and sequence Trying to cover the basics of auto enrolment in 30 minutes was certainly a challenge, so I tried to structure my activities to ensure we moved through the various activities quickly whilst ensuring they were still all effective. Firstly I welcomed the group and created rapport (by tempting them with chocolate!), then spent a couple of minutes explaining the learning outcomes of the session. The first part of my teaching was to explain the four different categories as this is the foundation of auto enrolment. I covered the theory first with the PowerPoint acting as a visual aid then put the knowledge learnt into practice. I firmly believe Confucius was correct when he said ‘I hear and I forget, I see and I remember and I do and I understand’. My learners heard the theory, they saw the different categories on the chart and could probably remember the names, but when I tested their knowledge in the game it was the ‘doing’ that ensured they remembered the differ ent categories. Individual and Environmental Factors When planning my training session a factor that influenced it was my own knowledge of auto enrolment. Like others I taught, I had already gone through the process at work so had learnt the basic principles, however at my workplace we split the process out to make it easier. My role at work was the communication side, whilst the payroll manager was responsible for making sure all eligible employees were enrolled. In case my learners asked questions I did more research into auto enrolment to ensure that I had sound knowledge. To create the legal requirements in communications I also researched other company’s communications to get a feel of ‘best practice’.  By doing this I ensured I was confident in what I was teaching and was not afraid to allow questions from learners. Another individual factor was to adapt my teaching style to suit adult learners. Training does not fall within my remit at work, and the only experience I have of leading sessions is through Girls’ Brigade. Whilst I have attended many training sessions these have all covered the methods of engaging children rather than adults. My initial thought for my training session was to create a ‘corner’s game’ for learning about the categories of employees and getting people up moving around the room. However I tried to put myself in my learner’s shoes and think what I would feel comfortable doing, and instead realised that running around the room and standing in the right corner is what children prefer doing. Therefore I adapted my game to be done with flashcards to ensure there was still an element of fun in my training session but I wasn’t making anyone feel uncomfortable. An external factor that influenced my session was the time limit. This affected all my preparation and planning as I was constantly thinking of ways to make things shorter so I could ensure I covered everything thoroughly. Had I had more time to play with I could have covered the basics in much more details but instead I decided to try and wet the appetite of the learners, then give them instructions of where to find out more. The layout of the room could have been changed (with some difficulty) but prior to the session I decided that leaving it in the horseshoe layout was the best option. This ensured everyone had a good view of the PowerPoint and during the quiz I was able to quickly glance around the group to ensure everyone had the correct answer. This was also another factor of why I decided to change the quiz to flashcards from the corners as the tables would have proved difficult to move to ensure there was enough room for everyone to move around safely. Positive learning environment In my training session I ensured I created a positive learning environment by creating rapport with the learners at the beginning of the session. I feel this is the key to a good training session as unless you’ve established a  relationship with the trainer, learners are unlikely to speak up when they do not understand something or if there’s an issue. Another way of ensuring there was a positive atmosphere was making sure I had thought over the principles of adult learning before deciding on the elements of my session, as had these been aimed at children instead of adults I could have easily made my learners feel uncomfortable and therefore not engaged in the training session. Feedback from learners All of the feedback I received from my learners was positive. As mentioned previously, all of them said they had a better understanding of the pension changes because of my training session. There was mixed responses from the question ‘how likely are you to apply the knowledge learnt today in your workplace’, but those who have scored lower on this question left a comment explaining that it’s because it doesn’t fall within their remit at work. When asked ‘what was the part of the training they enjoyed the most’, all of the learners said either the quiz or the legal requirements. These were the two learner activities in my training session which shows that the activities that got the learners doing something practical was the best way of learning. When asked for improvements to the session, the only comments I received were ‘more time’ and ‘the handout at the beginning would have been useful – but I understand why this was not done’. As I had included the quiz answers on the presentation I made the decision to not give the handout until the hand, otherwise it would not have been as effective. On reflection, I could have omitted those slides from the handout so they could have had it from the beginning to make notes from if they wished. Effectiveness of the activity My own perception of the training session was that it was a good mix of activities and tutor input. My past experience is that just listening to a trainer for 30 minutes is ineffective as after around 10 minutes most adults switch off, especially if it is something they are not 100% interested in. I put this into practice in my session as I know myself that auto enrolment is  not the most interesting subject, so had I stood and talked to the learners for 30 minutes most of them would have been asleep! However, by asking for participation – and warning them about that up front – meant that they stayed engaged throughout the session. Recommendations for the future Were I to use this training session again in the future I would extend it to an hours session to allow more time for questions and answers and to expand more on key points. Although I felt I covered the basics in a short space of time quite well, I could have emphasised more on the ‘anomalies’, like temporary and zero hour contract employees. I quickly glossed over the subject but would have liked to spend the time discussing it in more depth with the learners. As mentioned earlier, my other change would be to adapt the handout so it was suitable to give out at the beginning of the session. This would allow the learners to have something to make notes on and move through at their own pace. As they make their own notes, it does often open the time up for more questions from learners meaning you can meet their needs more thoroughly.

Learning Pronouns - Beginner Level ESL Lesson Plan

Learning Pronouns - Beginner Level ESL Lesson Plan The use of pronouns often seeps into the lessons in a number of different aspects: Subject pronouns are discussed when forming and conjugating sentences in the various tenses, object pronouns are introduced through questions words such as who or by a discussion of transitive and intransitive verbs, possessive pronouns and adjectives also get thrown into the mix by discussing the question word whose, or when pointing out how the possessive adjective modifies the noun. I find it helpful to to wrap all these together in a single lesson, as well as the demonstrative pronouns this, that, these and those to help students understand the relationship between the various forms. The lesson comes in two parts: First, students review, identify and create a pronoun chart. Next, students begin to use the pronouns to refer to objects that they have placed on a table. Finally, once students have become relatively comfortable with using personal pronouns, they can add demonstrative pronouns to the mix. Here is an outline of the lesson. This lesson can be used as a means of review, or, as an introduction to the various uses of pronouns (and the possessive adjective) for exceptionally motivated classes. Aim: Develop a deeper understanding of personal and demonstrative pronouns Activity: Chart fill-in, personal object questioning Level: Beginning to lower-intermediate Outline: Reviewing the Forms with a Chart Write four sentences on the board each containing a different type of pronoun (or possessive adjective), preferably using the same person. For example:He has an interesting book.Give him that interesting book.Thats his interesting book.That interesting book is his.Point out the grammatical differences in form between each of these forms. If students have never studied these forms before in an overview, print out this pronoun chart or write on the board.Using the same sentence with minor variations, go through each pronoun and possessive form for various subjects. Ask students to provide the correct change for each sentence as a class.Once students have become comfortable with these changes, ask them to fill out the first chart providing the correct pronoun or adjective form. Understanding Demonstrative Pronouns Now that the explicit learning has been accomplished, its time for some fun. Place a table at the front or in the middle of the classroom.Ask each student to provide an object or objects on the table.Begin asking questions using the objects. At this point it is also a good idea to introduce the idea of demonstrative pronouns. First model the questions and answers: For example:Teacher: Whose is this backpack here? - That is Marcos backpack there.Is this Annas pencil? - No, that isnt Annas pencil.etc.Explain that this and that are used with single objects, these and those are used in the plural. Point out that this and these are used with objects that are here (or close by), and that and those are used objects there (or far away). Phrases such as this - here / that - there are helpful.Continue asking questions with this and these eliciting students responses of these and those. Real World Task to Tie it All Together Ask students to come forward and choose an item which does not belong to them. Each student should create four sentences about the object(s) they choose. For example:This is Annas pencil.She has a pencil.It is her pencil.The pencil is hers.I give her the pencil.(student walks over and hands the item back)Feel free to model this a few times until the students understand what is expected.Repeat with different personal objects. The activity of getting up and retrieving items while using the various forms will help students acquire the grammar through real world application. Pronoun Chart Subject Pronoun Object Pronoun Possessive Adjective Possessive Pronoun I you his hers its none we your theirs

Chemistry Research Paper Writing Guide

Chemistry Research Paper Writing Guide Scientific investigation depends as much on the development of brand-new and ground-breaking ideas as it does on your ability to properly communicate those ideas within the target community. This chemistry research paper guide will provide you with the basic foundation needed to craft a winning research paper in the field of chemistry. The key goal of a chemistry research paper is not to simply communicate the work that has been done to explain this or that scientific process. Instead, you become a real narrator, articulating internal prose that resulted in the ultimate findings. In other words, a research project accomplished for a chemistry class explicate each step of the scientific method. When it comes to chemistry, the research paper is the most important project that includes the bulk of primary literature of the field. The paper serves as a tool that the author is free to use to communicate original research performed in the lab, scrupulously documenting the results. A Good Chemistry Research Paper Has a Hook A wisely chosen topic will ensure your chemistry research paper is highly readable. For instance, if your project covers an emerging research topic like â€Å"Ebola Virus,† or any other issue that affects millions of people, it’ll definitely hook your reader’s attention. The other elements that can attract more people to your research paper can include a novel method or a human interest angle. According to â€Å"Hooking the Reader: A Corpus Study of Evaluative that in Abstracts† by Ken Hyland from the University of East Anglia, having an engaging title is a must-have for a paper to stand out. With dozens of research papers in the field of chemistry, an appealing title is crucial. The shorter it is, the better. Besides, the chosen topic should appeal to a wide readership and always be effective, simple and properly reproduce the content of the project. If the author is required to submit his/her paper to a chemistry journal, it is important to keep away from the terms such as Device, Application, Fabrication or Synthesis since they suggest the project is highly specialized in its nature. Moreover, it is recommended to void the descriptive words like investigation, demonstration or study because they tend to undermine the uniqueness of your research. Likewise, don’t use the adjectives like highly efficient, green, significant enhancement, facile unless you†™ve come up with the major finding that can unconditionally support the claim. Telling a good story means to draw your target readers into the research you’ve conducted. Once they find themselves curious about how the paper starts, they will be eager to learn what happens in the end. The Introduction The introductory section is slightly different from a short abstract. It is used to provide the readers with the background to the chemistry research and, what is more, why it is important in the context. What are the critical questions that your project address? Why should your audience be interested? As you see, it’s important to start the chemistry research paper with the powerful opening paragraphs that comprise some hooking content. The problem here is that once the author starts, he/she forgets to keep the rest of the project as interesting as the introduction. However, you have to include good hooks in both – your introduction and the final part of the research paper. To get a better idea of what would be the best hook to attract your readers and keep them interested from A to Z, it’s recommended to know the purposes and the structure of the research paper introduction. Here are some hints for writing attention-grabbing intros. You just have to follow them carefully: Describe the problem; Based on a true story; Vividly interpret your issue; The scenario when you, at the author, are supposed to make up a story in order to explain a particular problem; Flashback; Opening fact, joke or statistic may become an excellent hook. Feel free even to quote a poem, if possible. There are dozens of possible hooks that can be found in the area of chemistry. Try to choose what suits you best: Gallium is a metal that on the palm of the hand at 29.76ï‚ °C. The Zika virus is spread by mosquito bites and female-to-male sex. Teeth, bones, and pearl will dissolve in vinegar since it contains weak acetic acid. If you expose a glass of water to space, it is not going to freeze. It will actually boil. Soon, the water vapor would turn into ice. The Red Planet, i.e., Mars is actually red because there’s iron oxide found on the surface. It is known that Dmitri Mendeleev had long hair and a long beard. The scientist would trim his hair once every year. Even though it was virtually impossible to find females alchemists in the Middle Ages, the first woman in the field is known as Mary the Jewess. The lady alchemist practiced in 200 AD; however, even nowadays the chemists apply some of the advances related to the distillation and heating of elements that Mary invented. Despite the nature of the hook that you’ve included, your chemistry research paper should be written in formal language, which means no jargon or slang is ever allowed in the scientific community. There are times when academic writing may include jargon or slang if they provide some good hooks. Don’t change the original text of your hook even if there’s the informal language in it. The Body Here’s where you explain, prove, or/and support your research paper’s thesis statement or claim with solid evidence. When integrating evidence (usually quotes, but it can also be common sense examples, statistics, and figures) to your chemistry research paper, ensure to do that smoothly. Your readers should be provided with an opportunity to easily move from your words to the evidence without experiencing any logical obstacles. If you find introducing quotes appropriate here or there in the body of the research paper, always provide the source for each quote. There are some terms you’re free to use in order to introduce the quoted material: confirms, asserts, explains, makes clear, comments, believes, indicates, claims, declares, defines, proposes and so on. However, keep in mind that they are not interchangeable. Pick the terms based on the context/meaning. For instance: All of us know that the famous chemist saw the pattern of the periodic table in a dream because, as Dmitri Ivanovich Mendeleev writes in his diary, â€Å"I saw in a dream a table where all the elements fell into place as required. Awakening, I immediately wrote it down on a piece of paper.† Explain why the evidence provided is crucial to your argument. No matter how good it is, it won’t help your argument much if your target audience has not the slightest idea of why it is important. Make sure to ask yourself: is what way this evidence proves the point that you’re making in this paragraph or your chemistry research project as a whole? This segment, usually the longest, contains the work that you’ve performed and the results that you’ve obtained. Take into consideration a few questions provided to help you shape the analysis: Did the chemistry experiment work? What kind of explanations can you give for the experiment failure or success? How have you handled the problems of the initial strategy? Do your experiment results demonstrate any key chemical principles? Can you state that the results that you have obtained are consistent with the ones that were previously reported? Do you think any extra experiments should be performed to disprove/prove the analysis? The development of the field of chemistry that we know today occurred in the XIX century, in Germany. Consequently, before the 1950’s most of the prominent advances in the area were communicated in German. Since the chemistry books, papers and letters written in the past reflect this history, chemistry is always written in the third person passive voice. It is important to avoid pronouns such as ‘us’, ‘I’ and ‘we’ when writing a chemistry research paper. Don’t write: We often use the formation of a precipitate to confirm the presence of specific ions in solution. For instance, to confirm the presence of chloride ions, we add silver ions to form silver chloride precipitate. Do write: Formation of a precipitate is often used to confirm the presence of specific ions in solution. For example, to confirm the presence of chloride ions, silver ions are added to form silver chloride precipitate. The Conclusion: a Few Ideas from Our Writers What is a conclusion for a chemistry research paper? First of all, it is the last segment of your project or the last paragraph in any other type of assignment. A concluding section is like the final chord in your own song. It gives your readers a feeling that the paper is arranged and completed properly. You want your target listeners to feel that you supported each claim you’ve made in your thesis. In some ways, this part if similar to your introduction. You’re required to restate your thesis statement and sum up the key points of evidence. Even though an effective conclusion requires you to remain succinct and clear, it doesn’t have to lack a compelling narrative. Check some of the chemistry research paper tips strategies to go far beyond simply summarizing the main points of your project: If your chemistry research paper is dedicated to a contemporary problem, it is important to warn your target audience about the possible consequences of not attending to it. Cite a relevant expert viewpoint already mentioned in your project to lend authority to the results you have obtained. Get back to the quotation, the example or the anecdote that you’ve provided in the intro. However, provide further insight resulting from your findings; make use of your interpretation of results in order to reorganize it in a new manner. Provide an explanation of the consequences of your research to prove how urgent it is to seek changes. If your research paper requirements encourage students to give any personal reflections, feel free to provide your conclusion with a relevant story taken from your personal experiences. Restate a key fact or statistics in order to stress the ultimate point of your project. Sketch the so-called never-to-be-forgotten message in the form of a solid statement that you want your audience to remember about your piece. Highlight any possible opportunities for future research if you haven’t already specified those before in the discussion section of your assignment. Indicating the need for future research in the field of chemistry convinces your reader that you have an in-depth awareness of the research issues. Citations It is required that the citations in your chemistry research paper should be written in ACS (American Chemical Society) format. Different disciplines and journals have different requirements for using endnotes versus footnotes. However, you have to always annotate the notes with superscripts. Most of the references that the chemistry research papers’ authors tend to cite are the journal communications/articles. Take a look at the example of the format for a journal article: 1st author last, first initials; 2nd author last, first initials; etc. Journal Abbreviation year, volume, the number of the first page–the number of the last page. Consider the style and the punctuation of every segment. The numbers of the pages should be provided with the en-dash between the numbers and not with a hyphen(– but not -). For instance: Logwood, D. R.; Carpenter, S. T. J. Am. Chem. Soc.2017, 98, 8827–8835. To find more information, ensure to consult the American Chemical Society Style Guide through the website of ACS Publications.

Solar Energy Research Paper Example | Topics and Well Written Essays - 500 words - 1

Solar Energy - Research Paper Example This means that there is no limit to the amount of solar energy that can be captures since the energy itself is renewable. The maintenance costs of solar power are also quite low compared to other forms of energy (Thomas 11). It is also quite easy to install solar panels which are available at relatively low costs. Solar energy can also be used in any setting, be it at home or an industrial setting. Another main pro of solar energy is its reliability. This is an energy source that will never be affected by geographical, economic or political upheavals (13). One of the major disadvantages of solar power is the fact that it is only available in places which have lots of sunshine. People who come from countries that are usually cold throughout cannot get as much solar energy as they would need for their daily use. Another disadvantage of solar energy is that it can only be captured during the day when there is enough sunlight. This means that one needs to have other forms of energy storage devices with which to store solar energy that has been captured during the day (Benduhn 34 and Thomas 22). Today, solar power is being used for many different purposes. It is used for domestic purposes that include heating, cooking, lighting, communications, operating spacecraft many others. People are turning to solar power as an alternative source of energy for use both at home and in industries. Solar panels are the most commonly used solar energy capturing equipment. In many cases, solar energy is being used as a source of backup energy in case of power failure. Healthcare facilities are embracing the use of solar energy in emergency situations. Production industries are also slowly opening up to the idea of using solar power for their everyday operations. The future does look brilliant for solar energy. More and more people are becoming aware of the effects that fossil fuels have on the environment and they are turning to the safe

Case Briefing Essay Example | Topics and Well Written Essays - 4500 words

Case Briefing - Essay Example Under the law, Congress delegates to the Comptroller General of the United States the power to restrict federal budget spending by making across-the-board cuts to it and upon the recommendation of the Directors of OMB and CBO whenever the maximum allowable deficit amounts are exceeded. The Comptroller General then presents this to the President who is required to release a â€Å"sequestration order† effecting the Comptroller’s reductions unless Congress enacts a law mandating a specific budget cut thus obviating the President’s â€Å"sequestration order†. Moreover, Congress is given the power to terminate the Comptroller General through a joint resolution for reasons of inefficiency, malfeasance or neglect of duty. The other method of removing the Comptroller is through impeachment. (2) Congressman Synar and 11 others immediately filed a declaratory relief complaint before the District Court which held that the delegation of power to the Comptroller Genera l violated the constitutionally imposed doctrine of separation of powers. III. THE LAW: The relevant law under scrutiny in this case is the Doctrine of Separation of Powers as entrenched in the US Constitution under Article I (legislative powers in a Congress), Article II (executive power in a President) and Article III (judicial power in one Supreme Court and in other inferior courts). IV. ISSUES: (1). Whether or not the assignment by Congress to the Comptroller General of the United