Theme Of Guilt In The Tell Tale Heart - 975 Words

Guilt is one of the very few feelings in the world, that no one person should ever feel, but eventually has to. That feeling of doing something wrong, even though it is very well known that it is wrong. The feeling that occupies every thought, every second, every action when it’s felt. The unfortunate part is that guilt is usually felt for a very long time, so those restless night, those dreadful days will be full of guilt consuming the mind. It could be said that the feeling of guilt is so great that it not only brings that horrible feeling of that what has been done is wrong, but also brings physical anguish to the person who has it. Such is the case with Nathaniel Hawthorne in The Scarlet Letter, and Edgar Allen Poe in â€Å"The Tell-Tale†¦show more content†¦Suddenly, he his burdened and consumed with the guilt of killing the old man, and becomes so nervous that they know of his deed that he even tells them of what he has done. The words highlight how nervous he was but also about what guilt can do to you, it takes over every thought in your brain that you overthink, and don’t think about anything else. Guilt causes him so much grief mentally that he feels compelled to just confess his sin. Additionally, both Hawthorne and Poe project the similar theme, however Hawthorne uses long and enduring syntax, and Poe uses sporadic and stagnant syntax. Hawthorne in his passage: â€Å" It was his genuine impulse to adore the truth, and to reckon all things shadow-like, and utterly devoid of weight or value, that had not its divine essence as the life within their life.† (Hawthorne 1-3). He also writes â€Å" More than once he had cleared his throat, and drawn in the long, deep, and tremulous breath, which, when sent forth again, would come burdened with the black secret of his soul.† (Hawthorne 15-17). These two quotes are filled to an abundance with commas, to show that similar to how the sentences are long, his suffering too is drawn out and extensive. His long sentences usually also list his pains, like in the last quote when he talks about his breath, the constant description of the breath is not only agonizing to read but also shows that everything he does is long and drawn outShow MoreRelatedThe Tell Tale Heart By Edgar Allan Poe879 Words   |  4 PagesIn between guilt, paranoia and obsession The Tell-Tale Heart by Edgar Allan Poe uses several literary elements to support the themes of the story. The story is based on a gruesome murder of an old man. The author uses madness, obsession and guilt as themes to prove how the narrator is truly twisted and insane. Madness is the first theme of the story; in the beginning the narrator tries to convince the audience he is not mad (insane). â€Å"TRUE!... nervous very, very nervous I had been and am; but whyRead MoreThe Tell Tale Heart And The Premature Burial915 Words   |  4 PagesThe Tell-Tale Heart and The Premature Burial are two short stories by Edgar Allan Poe. The Tell-Tale Heart is about the narrator killing an old man. The Premature Burial is about a mans fear of being buried alive. The theme of the two works are closely related to fear and guilt. Poe’s stories have terrifying plots, solid themes and literary criticism. The Tell-Tale heart starts as An unknown narrator says he is nervous but not mad. Then he informs the reader that he will be telling a story aboutRead MoreEssay on The Tell-Tale Heart852 Words   |  4 PagesEnglish 1020 15 February 2013 Themes of â€Å"The Tell-Tale Heart† Edgar Allen Poe explores the similarity of love and hate in many stories, especially â€Å"The Tell Tale Heart.† In â€Å"The Tell-Tale Heart,† the narrator confesses a love for an old man whom he then violently murders and dismembers the body and hides the pieces below the floorboards in the bedroom. When the police arrive, the narrator appears normal and unshaken by the murder. Later on, the man gives in to the guilt and cannot withstand knowingRead MoreEdgar Allan Poe s The Tell Tale Heart1581 Words   |  7 Pagestwisted themes and ideas. An example in his works is the conception of overthinking something that is not there. Many of these tales end with someone being killed due to the fascination of an unrealistic problem trying to be solved. Imagination is a main factor that drives the narrators to become worried. The obsessing narrators in Edgar Allan Poe’s â€Å"The Tell-Tale Heart†, â€Å"The Black Cat†, and â€Å"The Imp of the Perverseâ €  demonstrate the idea that guilt drives people insane. â€Å"The Tell-Tale Heart† is oneRead MoreThe Tell Tale Heart By Edgar Allan Poe1030 Words   |  5 PagesA Guilty- Mad Heart â€Å"Burduck then goes on to ponder how Poe used cultural anxieties and psychological panic to advantage.† (Grim Phantasms, G.A. Cevasco). In The Tell-Tale Heart by Edgar Allan Poe, a nameless man narrates the story of how he murdered an elderly man because of his eyes. In his short story The Tell-Tale Heart, Poe shows the themes of guilt and the descent into madness through the narrator, in this gothic horror story. Edgar Allan Poe wrote many gothic tales throughout his lifeRead MoreTheme Of The Tell Tale Heart782 Words   |  4 PagesSymbols of Guilt â€Å"The Tell-Tale Heart† In â€Å"The Tell-Tale Heart,† the poet, Edgar Allan Poe, writes of several different themes. Some of them include time and human nature. However, the most prevalent themes remain as the themes of guilt and insanity. The poem revolves around a man that lives with an old man that has an eye that the narrator fears. He calls it the vulture eye. He believes that it is evil, so he plans to murder the old man. Edgar Allan Poe expresses the themes of insanity and guilt by usingRead MoreAnalysis Of Edgar Allan Poe s A Tell Tale Heart1289 Words   |  6 Pages Inside the Heart There are many well-known poets, but not many are as unique as Edgar Allan Poe. By the age of 13, Poe had become a creative poet (Biographies). Many of Poe s works were horrific fictional stories. His first book was published in Boston in 1827, called Tamerlane and other Poems. More of Poe s major works include Tales of the Grotesque a d Arabesque, which included his most spine tingling tales such as Ligeia and The Fall of the House of Usher. Most of Poe s works haveRead More Critical Analysis of Poes The Tell Tale Heart Essay examples1635 Words   |  7 PagesAnalysis of Poes The Tell Tale Heart The Tell Tale Heart is a story, on the most basic level, of conflict. There is a mental conflict within the narrator himself (assuming the narrator is male). Through obvious clues and statements, Poe alerts the reader to the mental state of the narrator, which is insanity. The insanity is described as an obsession (with the old mans eye), which in turn leads to loss of control and eventually results in violence. Ultimately, the narrator tells his story of killingRead MoreThe Tell Tale Heart And The Legend Of Sleepy Hollow1690 Words   |  7 PagesThe Themes â€Å"The Tell-Tale Heart† and â€Å"The Legend of Sleepy Hollow† One of Washington Irving’s short and most famous stories ‘The Legend of Sleepy Hollow’ has become a ghoulish characteristic yet an individual might still be unaccustomed with its idiocy (Hoffman, 425). Based on the real legend of Ichabod Crane, the story reveals how he disappeared. For that reason, the story revolves around the themes of wealth, appearances, truth, warfare, supernatural, gluttony and greed. On the other hand, TheRead MoreAnalysis of Edgar Allen Poes The Tell-Tale Heart1428 Words   |  6 Pagesï » ¿Edgar Allen Poes 1843 short story The Tell-Tale Heart is about a young man who becomes mortally obsessed with an old mans creepy eye and ultimately kills him. Thomas Hardys 1902 poem The Man He Killed is about a soldier who has become used to killing people just because they are on the other side of the war. Both of these narratives lend insight into guilt related to death, told by a person who is self-aware enough to tell the story in a first perso n narrative. Moreover, both of these stories

The Positive Effects of Inclusion of Special Education...

Introduction Special education has undergone immense changes through the years. Research and studies on the debate of whether or not inclusion is appropriate for special education students is just beginning to cultivate. The question has always been, what is best for these students? Schools and teachers are becoming leaders in the exploration of new paths, in search of new teaching styles and techniques. Mainstreaming or inclusion at the middle school and high school level, which is educating students with special needs in regular classes with their non-disabled peers, has proven to be beneficial for the special education students cognitive and social developmental needs. It can not only benefit the handicapped student but all students†¦show more content†¦This paper will examine what is being to done to ensure that all students with LDs receive a that education. Laws and Acts that Protect Special Education Students The National Center for Learning Disabilities (2009) states that about 2.9 million school-aged children in the US are classified as having specific learning disabilities (SLD) and receive some kind of special education support. Therefore, it is imperative that there are programs available for students to flourish to the best of there ability in the school environment. An important part of a positive school environment is that the proper resources are in put in place and are readily available to those who needs them. One of these federal laws put in place to ensure this is the Individuals with Disabilities Education Act or IDEA. This laws guarantees that all students receive the appropriate education needed for there individual situation. According to the U.S. Department of Education, the IDEA â€Å"is a law ensuring services to children with disabilities throughout the nation...and governs how states and public agencies provide e arly intervention, special education and related services† (â€Å"Building the Legacy: IDEA 2004,† n.d.). Therefore, under this law, each child receives individualized and personalized attention. The Department of Education developed steps to evaluate if a child is in need. First, the child must be evaluated, aShow MoreRelatedWhat Are The Pros And Cons Of Inclusion? Essay1720 Words   |  7 PagesWhat are the Pros and Cons of Inclusion? The first benefit of inclusion is that it resulted in greater communication skills, greater social competence, and greater developmental skills for special education students who have been part of inclusive settings (Bennet, Deluca, Bruns, 1997). The second benefit of inclusion is that disabled students make more friends in general education settings and interact with their student peers at much higher level (Fryxell Kennedy, 1995). The thirdRead MoreChildren Act ( Eahca ) Essay1416 Words   |  6 PagesChildren Act (EAHCA) changed the name to the Individual with Disabilities Education Act, 9 of the 13 eligible categories for special education did not include cognitive or intellectual impairment. Based on the 2000 -2001 date 85% of disabled students who qualify for special education under IDEA criteria were cognitively impaired. Savich’s research states that critics alleged that students with disabilities hold school districts back unfairly. They also stated that n ew legislation is required to remedyRead MoreAchieving Six National Education Goals990 Words   |  4 Pages According to President Bush, he made an announcement on April 18, 1991 that he wanted to achieve six national education goals by the year 2000. There are six objectives: 1. Make sure every student is ready to learn on the first day of school. 2. 90% graduation rate 3. Making sure that each has the skill for all core subjects. 4. Make sure that a student have achieved in the math and science 5. To ensure that every adult is well-trained and possess the abilities to contend with an environmental economyRead MoreAnalysis Of The Article President Bush Announced On A Nation At Risk982 Words   |  4 Pagesto the article President Bush announced on April 18, 1991 he wanted to achieve six national education goals by the year 2000. . There are six objectives: (1) To guarantee that every child starts school ready to learn; (2) To raise the high school graduation rate to 90%; (3) To ensure that every student leaving the 4th, 8th, and 12th grades can demonstrate competence in core subjects; (4) To make students fir it in the world in math and science achievements; (5) To ensure that every adult is literateRead MoreInclusion Of Special Education Classroom1488 Words   |  6 PagesUnited States to integrate students with disabilities in to general education classrooms. Schools have been making more efforts to increase educational opportunities for students with disabilities, and while there are many benefits to inclusion, there are also many challenges. Inclusion of special education students in a regular education classroom continues to be the center of debate amongst administrators and teachers. Everyone has their own ideas and attitudes towards inclusion, and research studiesRead MoreInclusive Education For Children With Disabilities1631 Words   |  7 PagesAbstract Inclusive education is where children with disabilities receive special education services in the general education setting. Many factors can make inclusion difficult or complex. Accommodating instruction to meet the educational needs of all students is one of the most fundamental problems in education. Many argue that inclusive practices benefit all students. While others argue that inclusive education is inadequately designed to meet the needs of exceptional students. Benefits of inclusiveRead MoreTeaching Assistant Level 3 - assignment 6 Essay1452 Words   |  6 PagesAssistant Diploma – Assignment Six 1. What is meant by the term educational inclusion? Inclusion in education is an approach to educating students with special needs. Under the inclusion model, students with special needs spend most or all of their time with non-disabled students. Implementation of these practices varies. Schools most frequently use them for selected students with mild to severe special needs. Inclusive education differs from previously held notions of integration and mainstreamingRead MoreTeacher s Attitudes Towards Inclusion1683 Words   |  7 PagesTeacher’s Attitudes Towards Inclusion Cathy Ferraro Concordia University A Research Report Presented to The Graduate Program in Partial Fulfillment of the Requirements For the Degree of Masters in Education Concordia University - Portland 2015 Teacher’s Attitudes Towards Inclusion Inclusive classrooms are being enforced and implemented in classrooms across our country. However, the idea of inclusion and incorporating students with special needs in to a general education classroom still remainsRead MoreEducation Is An Integral Part Of Our Lives1420 Words   |  6 PagesEducation is an integral part of our lives. We all seek education in one form or another, and at different levels. The importance of education cannot be stressed enough. Education is knowledge gained and knowledge is power. Education gives us a knowledge of the world around us and changes it into something better. The influence of special education focuses on individualized directions and teaching. Special education has gone from just identifying individuals with disabilities and showing themRead MoreExamining the Social Interactions of the Inclusion Classroom: A Grounded Theory1424 Words   |  6 PagesInteractions of the Inclusion Classroom: A Grounded Theory HIED 595 Texas AM University-Commerce Examining the Social Interactions of the Elementary Inclusion Classroom: A Grounded Theory Inclusion has been one of the main focuses in the field of special education for the past two decades. Students with disabilities are being integrated in the general education classrooms at a steady pace. With the focus being on inclusion, educators are increasingly

Indigenous Health for Health Sciences for Health- myassignmenthelp

Question: Discuss about theIndigenous Health for Health Sciences for Health Issues. Answer: Introduction In the present scenario, one of the most important aspects that must be observed in each and every scenario is cultural safety. The very name cultural safety brings this idea, that it is basically referring to the attempts or the efforts made in order to protect the cultural and the social differences that exists in the background of each and every individual (Brascoup and Catherine 2009). This cultural difference has to be maintained in each and every work scenario like that of health and education services. The main aim of the paper will be to see why cultural safety is very much needed within the context of the Australian healthcare centers. This is because of the fact that there is large scale discrimination and injustice done towards the Aboriginals or the Torres Islanders (Brascoup and Catherine 2009). Hence, they often have to suffer through a large scale of displeasing attitudes from many of the health professionals. This indeed is a major disgrace on part of the Australian h ealth service institutes. Hence, efforts are to be made so that there can be the creation of a totally new, different and refreshed environment where the Aboriginals well be treated with not only proper care in a respectful manner as well (Brascoup and Catherine 2009). Among the many different health professions one of the important one is that of a Medical and Health Service Manager. He is someone who is responsible for planning and maintaining a specific area or department (Rix et al 2015). In other words, they can exercise the overall control over the proper implementation of health care laws, proper treatment of patients, avoiding of the unjust discrimination between the patients based on their origin and cultural history (Frey et al 2014). Principles of cultural safety Health practitioners reflect on their own practice Talk to, ask and engage with the clients or the patients seek to minimize the power differentials undertake a process of decolonization Ensure that we do not diminish, demean or disempower others through our actions Health professionals reflect their own experiences Self reflection Self-reflection is the way in which all the medical professionals can narrate their own experiences that they have gained during the entire course of their work. The process of self-reflection also talks about the critical way of thinking (Freeman et al 2014) The health professionals often try to think and talk about all their experiences in a more justified and logical manner. As this is a real problem of the Australian health care services that the Aboriginals are treated with great disrespect, health professionals must speak about their own experiences in a way that is outside the age-old code of conduct made by the society (Yeung 2016). There are many important aspects that the doctors need to follow while describing their self experiences and their self reflections. Self reflection is very important part of professional development (Came et al 2017). . The first and the foremost step that is taken by the health professionals is identification of the problems that are prevalent at work. The next step that follows is the formulation of the different strategies that are to be used for solving the problem. There must also be an ongoing inquiry on the progress of the rectification measure of the problem. (Came et al 2017) Critical reflection Being a medical and health service manager, I have been able to witness these scenarios in a very close way. Aboriginals are the people who usually reside in the remote and rural sections of Australia and are often ill-treated due to many reasons (Yeung 2016). I have often seen that the professional of my own department is very much reluctant in extending their services to the Aboriginals. This is really a great disgrace on part of a health service department because their main duty is to extend their helping hands to the ones in need and here, they are discriminating between patients based in their culture, race and language. Talk to, ask and engage with the clients or the patients Self reflection The main purpose of any and every health care department must be to try their level best in curing their patients. They must try their patients with extra care and attention. It is the prime duty of each and every member associated with health department to know and realize the fact that their patients are the ones who are in need and have approached them with a great hope. Hence, it is their duty to treat their patients as their fellow human beings first and then as patients. In other words, they must not only be given medical aid but also proper emotional and moral support. The health professionals must keep it in their mind that different paients can come from different cultural backgrounds. Owing to the cultural differences they must be having many different faiths, beliefs and customs. As a result of which, it is important for all the health professionals to be very alert while speaking with all their patients. None of the words or the actions of the health professionals must go beyond the emotions and feelings of their patients. (Ridenet al 2014). Critical thinking A medical and health service officer, I always ask my subordinates to behave very politely with all their patients. In order to appear polite with their aboriginal patients, the doctors need to know the background history of such patients. This will enable the doctor to know the different harshness through which these patients had to suffer. If the Doctors come to know that these aboriginal patients are subjected to a lot of racial tortures and discriminations then this will definitely make the Doctors deal with these patients in a totally different manner. The doctors must initially use their interpersonal skills in order to make those patients comfortable. The doctors must however remember that they must not treat these patients as a special or a reserved group; he must treat those patients normally but with more care and attention. This will be n effort to make those patients know that they are not isolated or abandoned. Rather they are free people just like everyone else; they wi ll get equal rights and opportunities to use all health and medical facilities. We must keep in mind that the Aboriginals are people who have suffered a lot already. They often face difficulty not only because they are poor and live in distant remote regions but also because they face many language barriers and financial barriers as well. So, I make sure that my team knows how to engage the Aboriginal patients in conversations. The doctors and other health care professional must appear very polite to them and try to know about the problems that they face. There must be efforts to make towards community engagement and involvement. This can be very much helpful for the Aboriginals to communicate about their health problems and get the necessary treatment for their cure. This is one of the most important aspect of a medical and health service manager to see that he has sufficient competency in his interpersonal skills. It is he who has to manager an entire team of other health service professionals. So, it is of utmost importance for him to ensure that all his subordinates are successful in making the patients feel at ease and comfortable. The efforts must be made to remove all hesitations between the patients and their doctors. These will be done only through smooth conversation and interpersonal interactions between the two. Seek to minimize the power differentials Self reflection It is very important to establish and distinguish these power differentials between a therapist and his clients. These power differentials are very much important in developing an area of comfort and faith between the two, on one hand. On the other hand, it also enables the therapist to treat his patient in a positive way. The doctors must make sure that there is never any power struggle or conflict of position and power going on between a doctor and his patients. It is the duty of the Doctors to remember that his patients are the ones who have approached him in order to cure themselves. Hence, it is the duty of the Doctor to try his level best in helping out his patients by using anything and everything that is permitted by his knowledge. If the therapist or the doctor behaves in a rude way with his patients, this will have a negative impact on the doctor patient relationship. The patients might think that they are inferior to the Doctors. The doctors must know how to respect the ch oices and the decisions poof their patients rather than bossing over them or imposing unnecessary restrictions on them (Durey 2010). Critical thinking Being a medical and health service manager, I have to work a lot on this particular area. This is because the Aboriginals or the Torres islanders are people who are already very much dominated and marginalized. Hence, while interacting with them, I always make sure that there is a comfort zone created between me and my patients so that they no longer feel hesitant. I encourage them to speak with me freely and narrate all their problems. I always try to break their misconception that I and other doctors have a kind of authority or ownership over them. I always try to make them feel at ease. I also instruct the same to all my subordinates that they must treat their patients with empathy. Medicinal help is always not sufficient for all the patients. What they need is proper emotional and moral support. I try my level best to see that there is an area of comfort and understanding between me and my patients. There must not be any hesitation otr fear working within the patients. I make sure that my patients are never under this feeling that they are under my ownership. They must never feel inferior in front of their doctors. We are there to help them and support them emotionally. I always try to encourage them in every possible way. Undertake a process of decolonization Self reflection Colonization must be diminished. In other words, the practice of segregating people into small, isolated colonies must be given up. Critical thinking As a medical and service manager, I must manage the affairs of an entire team of health professionals. I always instruct them to appear very freely with the Aboriginals and to give them the feeling, that is one among us. They must be brought to the center from the margins. As doctors, it must be our duty to empower our patients as well. It must be the duty of the Doctors and all the other health care professionals to see that there is no social disparity between their patients. The aim of the doctors must be to generate social justice and equality. This can be done by following a process of Decolonization. The aboriginals were so longer colonized and were treated as a restricted, backward class. They were also denied the basic rights to heal and medical facilities (Walker et al 2014). Hence, it must be the duty of the Doctors to decolonize these small communities. Doctors must treat the indigenous patients just as they treat the non indigenous patients. However special care and empat hy is needed for these patients but at the same time they are to be given proper recognition. Doctors must always give equal rights and opportunities to both the indigenous and the non indigenous patients. Ensure that we do not diminish, demean or disempower others through our actions Self reflection It must be ensured by the health care institutes that none of their actions must hurt the emotions of the Aboriginals. It must be their duty to support the Aboriginals not only by giving them the proper treatment but also by entering them the moral and emotional support (Walker et al 2014). As a Doctor, it must be his responsibility to see that none of his actions or words ever hurt the emotion of any of his patients. They must ensure that none of their activities hurt or demean any of their patients in the course of the treatment (Paul et al 2015). It is for this reason that the doctors must have a clear knowledge about the social cultural history of their patients. So, that none of the words or actions of the Doctors hurt the emotions of their clients. They must never discriminate between their patients based on their social position or cultural aspects. They must treat everyone equally and with proper justice. Critical thinking I make sure that none of my or my teams activity ever hurts the sentiments of the Aboriginals. None of our words must hurt their emotions. We must remember that our duty is to bring them out of the injustice and discomfort that they have been suffering over the ages rather than pushing them more towards it. I make sure that I have a sufficient knowledge about the cultural background of all my patients, particularly the aboriginals. This will enable me to carry on all my further actions very attentively do that none of them evrr hurt the emotions of my patients (Paul et al 2015). At the same time I also suggest the same thing to all my subordinates so that before starting their treatment they must also have a good and thorough knowledge about the socio cultural backgrounds of the patients. (Walker et al 2014). Conclusion Thereby, it can be concluded that the discrimination between the Indigenous and the non-Indigenous people are increasing day by day. A large amount of this is happening due to the institutionalized and systemic racism, which the society and the doctors particularly, are becoming a victim of. Hence, efforts must be made by the Government to enforce laws in support of the Aboriginals. This can be done by bringing in the Aboriginals into the main stream social activities. They must be given proper lodging, educational and also proper health and medical facilities. They are to be brought into the centers of the society from the margins. So, it is the duty of the Doctors and all the health care professionals to have a clear knowledge about the cultural and the social backgrounds of the patients. This will enable the Doctors to carry on their treatment in such a way that none of their actions or words would ever hurt the emotions or the cultural beliefs of the indigenous patients. Doctors must make sure that they keep in mind all the principles of cultural safety like keeping a record of their self experiences, to see and analyze the problems existing at the work place, talk with their patients with their interpersonal skills to make them feel comfortable and give up all hesitations. Doctors must abolish all power struggles existing between them and their patients. They must also empower the indigenous patients by decolonizing them and make sure that none of their words and actions are disempowering them. References Brascoup, S. and Catherine Waters BA, M.A., 2009. Cultural safety: Exploring the applicability of the concept of cultural safety to Aboriginal health and community wellness.International Journal of Indigenous Health,5(2), p.6. Came, H.A., McCreanor, T. and Simpson, T., 2017. Health activism against barriers to indigenous health in Aotearoa New Zealand.Critical Public Health,27(4), pp.515-521. Clifford, A., McCalman, J., Bainbridge, R. and Tsey, K., 2015. Interventions to improve cultural competency in health care for Indigenous peoples of Australia, New Zealand, Canada and the USA: a systematic review.International Journal for Quality in Health Care,27(2), pp.89-98. Durey, A., 2010. Reducing racism in Aboriginal health care in Australia: where does cultural education fit?.Australian and New Zealand Journal of Public Health,34(s1). Freeman, T., Edwards, T., Baum, F., Lawless, A., Jolley, G., Javanparast, S. and Francis, T., 2014. Cultural respect strategies in Australian Aboriginal primary health care services: beyond education and training of practitioners.Australian and New Zealand journal of public health,38(4), pp.355-361. Frey, R., Raphael, D., Bellamy, G. and Gott, M., 2014. Advance care planning for M?ori, Pacific and Asian people: the views of New Zealand healthcare professionals.Health social care in the community,22(3), pp.290-299. Pauly, B.B., McCall, J., Browne, A.J., Parker, J. and Mollison, A., 2015. Toward cultural safety: nurse and patient perceptions of illicit substance use in a hospitalized setting.Advances in Nursing Science,38(2), pp.121-135. Riden, H., Jacobs, S. and Marshall, B., 2014. New Zealand nurses views on preceptoring international nurses.International nursing review,61(2), pp.179-185. Rix, E.F., Barclay, L., Stirling, J., Tong, A. and Wilson, S., 2015. The perspectives of Aboriginal patients and their health care providers on improving the quality of hemodialysis services: a qualitative study.Hemodialysis International,19(1), pp.80-89. Walker, R., Schultz, C. and Sonn, C., 2014. Cultural competenceTransforming policy, services, programs and practice.Working together: Aboriginal and Torres Strait Islander mental health and wellbeing principles and practice, pp.195-220. Yeung, S., 2016. Conceptualizing cultural safety: Definitions and applications of safety in health care for Indigenous mothers in Canada.Journal for Social Thought,1(1), pp.1-13.

Business Law Concentrate Law Revision Study -Myassignmenthelp.Com

Question: Discuss About The Business Law Concentrate Law Revision Study? Answer: Introducation Contract contains a promise whereby part A promises to fulfil a particular undertaking and party B pays party A, a consideration value, which is decided between A and B, for undertaking the promise. In order to form a contract, which has legal validity, there is a need for the presence of offer, acceptance, consideration, capacity and intent[1]. The very first step, which leads to the formation of contract, is the presence of an offer. It is essential to make a distinction between an offer and an invitation to treat. The offer shows that the parties A and B want to create a contract, where as the invitation to treat shows that the parties A and B just want to negotiate upon the terms of the contract. The newspaper advertisements or commercials are deemed as an invitation to treat and not an offer[2]. In Partridge v Crittenden[3], the defendants conviction was quashed as the advert was deemed as an invitation to treat. It is also important to demarcate between offer, invitation to treat and a request for information, as was held by the court in Harvey v Facey[4] where no separate offer was deemed to have been made. Upon an offer being made in a successful manner, the acceptance has to be attained on this offer. The accounting has to be given by the party to which the offer had been made. So where the offer was made by A to B, B has to accept the offer. The offer can be revoked only till B does not accept it[5]. Also, there is a need to accept the offer in the manner in which it had been made, and if the terms are altered in the slightest of manner, it would result in a counter offer as was seen in Hyde v. Wrench[6], which would render the original offer useless. The acceptance date is taken to be such date when the acceptance communication is obtained by the offering party[7]. Though, the postal rules to acceptance is the exception of this rule as under this rule, the acceptance date is such date on which the letter containing the acceptance is posted by the accepting party. The raison d'tre behind this is that the postal office is given the status of the agent of the offering party and due to the operation of agency law, the acceptance by the postal office is to be considered as the acceptance by the offering party[8]. The date on which this letter reaches the offering party remains irrelevant. Upon the electronic communication, the Electronic Transaction Act, 1999[9] applies. The postal rules of acceptance are linked to the requirements of section 14 of this act. As per this section, the date and time on which the communication leaves the senders device, that is the date and time of the particular communication and not the date on which th e same reaches the receiver. This section is applicable for offer and acceptance both. Apart from these two elements, the formation of contract requires consideration as an element under which the parties mutually decide the value which has to be paid for the undertaken promise. There is a need for the consideration to have economic value for the contract to be valid[10]. The next requirement is to have the intention of forming legal relations. The parties also need to have the contractual capacity to create legal relations in terms of majority age and soundness of mind[11]. Application The facts of this case study are majorly concentrated upon the elements of offer and acceptance. The advert which Lianne saw in the newspaper, on the basis of Partridge v Crittenden, would be deemed as an invitation to treat as it invited quotes from the parties who wanted a party to be hosted. Section 14 of the Electronic Transaction Act and the postal rules of acceptance also play a crucial role in this case study. As the emails were exchanged in this case, on the basis of this section, the date of the communication would be the date on which it was sent and the date on which the receiver read it, would remain irrelevant. The email which was sent on 10 Jun, the very first one in the chain of emails, would be considered as a request for information on the basis of Harvey v Facey since Lianne only requested information under it. The reply to this email was also not an offer as only information was being swapped under this. The three hour afterwards email was the point where the offer was made. On this, a counter offer was made with reduced amount as there was a change in the terms of the original offer. Again, a counter offer was made with particular conditions and the higher consideration amount and this offer was valid for a specified time period only. The offer was made on 10 Jun so, it expired after seven day period on 17 Jun. Hence, it was not valid on 20 Jun when Mary stated that the price had changed. The communication of Lianne on 20 Jun would not be an acceptance. When Mary quoted $10,000 on 20 Jun that was when the new offer was made. And the acceptance was attained on this as Lianne sent an email regarding the same. However, later on she sent an email to revoke this acceptance, which would not be valid as the offer ahs to be revoked before acceptance is given. The reading or non-reading of the emails would remain irrelevant on the basis of postal rules of acceptance and section 14 of the Electronic Transaction Act. The value of consideration has already been established and the other elements of contract have been assumed as being present as the contrary to prove this is not present. This means that a contract had been created between the two parties. The Competition and Consumer Act, 2010 was an act brought out in the nation, for protecting the consumers and for ensuring that the competition is properly followed in the nation. Under schedule 2 of this act, is the Australian Consumer law, which is the key legislation for safeguarding the consumers. A consumer is such a person, as per section 3 of ACL, who takes services or purchases goods to the value of $40,000 in the nation, for their own use or consumption. Through section 18, the businesses are prevented from indulging in misleading and deceptive conduct. And through section 29, the same restriction has been placed with regards to false or misleading representation. The facts of this case study show that Lianne is a consumer as she undertook the services of Mary and entered into a contract with her for a value of $9,500. These services were used for her personal party. And so, as per section 3, Lianne is a consumer. By not fulfilling the terms which were promised, Lianne was misled and deceived by Mary as she was provided with a different cuisine, instead of what was promised. Further, the space in the boat was falsely represented. This would mean that both sections 18 and 29 were contravened by Mary. The invitation to treat and an offer are two terms which cause a lot of confusion in the daily lives of people. The confusion is due to the fact that at particular instances, the particular communication can be taken as one thing and at other instances, it could be deemed as the other one. This confusion can lead to certain liabilities for the businesses who give such adverts through the different mediums. In this discussion, the points have been put in favour of the care which needs to be undertaken by the businesses while creating the adverts to be published in hard copy and soft copy. In the first part of this discussion, Lianne reads a newspaper advertisement which was taken to be an invitation to treat based on a quoted case. The reason for holding this as an invitation to treat was because the judge in the case of Partridge v Crittenden had analysed the wordings of the advertisement and applied statutory rules of interpretation for taking out its meaning, which was ultimately deemed as an invitation to treat, instead of an offer[12]. Where a case of invitation to treat is established, there is no need for the parties to complete the sale and no liabilities are attracted on them as was seen in Pharmaceutical Society of Great Britain v Boots[13]. However, this is not the case with every advertisement. To make a demarcation between a particular advert being an invitation to treat and it being an offer, the wordings of such advert have to be considered. Unlike Partridge v Crittenden, in Carlill v Carbolic Smoke Ball Company[14] the court deemed that the advertisement was an offer. The difference between the two could be established in the context of the placed advertisement[15]. In the case of Carlill v Carbolic Smoke Ball Company, the company had given an advertisement in the newspaper where it promised to award the person who got the disease even when they had used the smoke ball produced by the company. The award money was 100. Carlill used this smoke ball and still got influenza so she went to the money and claimed the award money of 100. The company denied the claim on the basis that this was an invitation to treat. However, the court agreed with the plaintiff as they stated that the newspaper advert wordings were such where the offer could be accepted by simply acting upon it. And so, the court ordered the plaintiff to be paid the promised award money[16]. The advertisements are placed in newspapers and in this growing digital age, they are found more than often across the digital platforms. The adverts also include the one posted on billboards and on the buses. So, at every place where the businesses post their advertisements, they have to take care in printing their adverts. Whatever promises or offers they made under the advertisements, have to be drafted in a manner that they remain an invitation to treat and do no become an offer. In case an offer is made through such advertisements, liability would be attracted for the businesses as they would have to go forward with the contract when the offer is acted upon by the other party[17]. Apart from the liabilities which can be raised for the businesses for posting their advertisements under the contract law, the businesses can also be made liable for the adverts on the basis of the Australian Consumer Law. Australian Competition and Consumer Commission v TPG Internet Pty Ltd[18] is a leading example of this in which TPG had advertised a price for their product. However, this price was deemed as misleading and a breach of section 18 was established as the adverts did not disclose fully that the consumers had to pay additional sum at later stage as this additional sum was hidden from the published advertisement. To conclude the discussion which had been carried on till now, it becomes very clear that the businesses have to take special care when they place any advertisement through the different mediums. This is because these adverts can result in a contract, where this advert is an offer, instead of an invitation to treat. And in such cases, the businesses become bound by the contract and have to fulfil the obligations covered under the contract. Apart from this, the businesses also become liable under the other laws including the Australian Consumer Law. Hence, as was stated at the outset of this discussion, it is crucial that businesses take care while placing any advert, or would attract liabilities upon them. 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Wrench (1840) 3 Beav 334 Partridge v Crittenden (1968) 2 All ER 421 Pharmaceutical Society of Great Britain v Boots [1953] Management. Competition and Consumer Act, 2010 (Cth) Electronic Transaction Act, 1999 (Cth)