Case Study about the Biggest Bankruptcy Case in Australia

Question: Contextual analysis about the greatest chapter 11 case in Australia. Answer: Presentation The examination is a nitty gritty investigation of a contextual analysis identified with chapter 11 in U.S.A. The examination of the contextual analysis looks to recognize the inalienable issues in the association and what lead to the destruction of the association. It will clarify the occasions for the situation concentrate with the utilization of various speculations on initiative. It will dissect those hypotheses and thoughts to discover answers for the issue recognized for the situation study. In light of the issues recognized, viable arrangements will be given to improve comparable sort of circumstances in the association. It will suggest the best arrangement accessible for the issue and give nitty gritty data on how explicit arrangements should be actualized to get the change the association. It will likewise distinguish sorts of unscrupulous conduct showed for the situation study and what intercession should be done limit this sort of conduct in an association. Recognizing issues from contextual investigation The contextual investigation is about the greatest chapter 11 case in Australia. It is about US Company Enron framed by the merger of flammable gas pipeline organizations Houston Natural Gas and Internorth in 1986. In 15 years time range the organization extended to different items like gaseous petrol, power, and correspondence. The organization's destruction got obvious from the second from last quarter of 2001. During that period, the financial exchange fallen out of nowhere. Enron couldn't make new borrowings, and in the end, they came up short on money. This prompts loss of trust in pioneers of Enron. In spite of the fact that their benefits and income demonstrated an agreeable advancement of the organization however it was only a dream. Because of organization and money related arrangement with the diverse organization, they were in a colossal weight of obligation. They made bogus profit, maintained a strategic distance from expenses and shroud misfortunes. Another serious issue was an irreconcilable situation. The workers were not joined for regular goals. At Enron, the worker evaluation depended on benefit created by the representative yet not on conveying basic beliefs of the association. There were additionally deceptive practices in the association. The verification was the situation of California was they utilized exploitative intends to produce additional benefits. They were associated with simply raising the organizations to share and sabotaged moral issues by and by. Much after the retirement of Enron's CEO Jeff Skilling, Ken Lay likewise followed his means. They kept on purchasing more offers and at last flopped totally and got bankrupt. Governing body should screen unscrupulous conduct in an association, yet they were Enron's CEO themselves were into exploitative practice. There was no appropriate joint effort among representatives, and the Directors didn't brief on associations. Many were sued in the organization for insider exchanging. In spite of the fact that Enron's qualities were Regard, Integrity, Communication, and Excellence, yet it was not followed truly. In this manner, serious issue broke down was the irreconcilable circumstance (Individualism), ab sence of borrowings, enormous obligations and over the top quest for benefit. The hazard taking a culture of Enron further advanced deceptive practices (Leonidou et al., 2013). Clarification of contextual investigations by speculations on initiative The activity of CEOs of Enron will be recognized by important hypotheses on administration. One of them is the Trait hypothesis. This hypothesis recommends that qualities of an individual make them a decent pioneer. Basic attributes incorporate compassion, trustworthiness, great dynamic aptitudes, and so forth. This accepts impacts one's activity. Yet, Enron fizzled in light of the fact that the two CEOs Jeff Skilling and Ken Lay were deficient in such manner. Despite the fact that they were associated with making more benefits and profit, yet they didn't pay notice to dishonest methods for accomplishing it (Colbert et al., 2012). Another hypothesis is the social hypothesis of initiative. It clarifies the association of pioneers in group and association improvement. Kurt Lewin built up this hypothesis, and he distinguishes three kinds of pioneers absolutist, popularity based and Laissez-faire pioneers. As per the contextual investigation, it tends to be dissected that the Board of Directors at Enron were absolutist pioneers. They didn't counsel group, there was no preparation on new turn of events or organizations, and they didn't empower new contribution from workers. They were simply in the quest for benefit regardless of exploitative methods (Chemers 2014). Influence of authority on culture Pioneers can impact association both emphatically and contrarily. Pioneers at Enron had chance taking a culture. They even paid a reward to workers who controlled benefit gauges. So they energized a wide range of unscrupulous conduct in the association eventually prompting its ruin. Culture in an association is made by activities of pioneers, focal point of pioneers, how they remunerate or punish workers and their regard for asset improvement in the association. Great pioneers center around the above focuses to sustain and build up the association culture. They help in embellishment and molding the way of life of the association. They go about as good examples whose activities representatives attempt to copy. They are the explanation behind the drawn out viability of the association. They set up a domain inside which each colleagues endeavor and work together for the greatness of the association (Klein et al., 2013). Propose answers for the issue Enron was managing significant issues like the irreconcilable circumstance, untrustworthy methods for business, immense obligation, absence of successful pioneers, insolvency circumstance and out of line methods of acquiring benefits. This segment proposes a few answers for the recommended issues distinguished for the situation study. Perhaps the most serious issue was the mistake of activity of pioneers at Enron. They had poor authority aptitudes, and they couldn't deal with a group as indicated by organization's fundamental beliefs. Their attention was uniquely on creating benefits, regardless of it stops by what implies. Such activity is empowered in the association simply because of broken pioneers. This issue can be unraveled just if pioneers step up to the plate and improve circumstances. Pioneers might be influenced by factors which are past the work environment culture. At Enron, they were confronting budgetary issues because of the unexpected breakdown of the stock trade. This sort of circumstances diverts the focal point of pioneers. So they could have tended to issues in association and found a way to explain it with colleagues exertion. Poor initiative affects by and large turnover, representative fulfillment, efficiency and culture of the association. On the off chance that pioneer acknowledged the du ty regarding the issue and invested their energy in restoring and rousing working environment, the serious issues can be comprehended. Key authority gives clearness of vision and gives an opportunity to the colleagues to seek after it in a moral way. They give apparatuses and assets to keeping away from obstructions in the workplace (Schoemaker et al., 2013). Another serious issue with Enron was an amassing of tremendous obligation at last prompting liquidation. Associations can successfully manage such circumstance on the off chance that they see things already. The initial move towards managing such circumstance is to do a reasonable evaluation of companys consumption and benefit. On account of a monetary issue, one can contact loan bosses and make the altered installments plan that lessens their weight of obligations. Any organization must have obligation the board plan set up to more readily manage such circumstances. So Companies ought to examine money related circumstances from the earliest starting point and oversee consumptions to stay away from aggregation of obligations in future. Taking the perfect measure of obligation and at the ideal time likewise help in improving circumstances. Gigantic obligations could be overseen by settling on better getting choice prior. Yet, when it is past the point of no return for retroactive mone tary investigation, there are just two alternatives left. One is to attempt to spare the issue by settling accounts and a leave methodology that limits monetary hazard. The main choice can be executed by cutting cost, reaching managers to improve plan of action and reaching leasers for bringing down loan fees or rebuilding installment choices. The credit could be merged by one installment choice which diminishes month to month cost and doesn't put obligation trouble. The last and the last course is declaring financial insolvency. In spite of the fact that it requires administrations of a liquidation lawyer, it is a superior alternative for paying off the obligation trouble. In the event that any business has resources lesser than obligations, liquidation permits to pay just the estimation of advantages and not the whole sum (Segal, 2013). Another arrangement is required for dishonest conduct in associations. In the event that this sort of issues isn't tended to, it will prompt genuine results, and at last the association will languish over it. There were a few deceptive practices at Enron, for example, control of benefits for workers, dishonest interests for benefit, and so on. A human asset director could assume a job in handling in deceptive issues. To effectively address untrustworthy conduct at work, Company's immediate can make strides like making a severe code of morals in the association. It builds up those qualities which are basic for specific business and makes a system of goals for the work environment. Such system causes representatives to comprehend the limits inside which they need to work. The moral vision of the organization ought to be imparted to every representative as a comprehensively composed articulation. There ought to be a reasonable convention for announcing dishonest conduct in the working e nvironment. It could be through gathering with group administrator or manager. Chiefs can assume a job in helping workers distinguish and handle morals infringement. New workers could be given morals preparing to expand the viability of moral code. Making a superior and moral work environment will at last lead to improved work process, more joyful condition and accomplishment of business (Jacobs et al., 2014). Proposal A great deal of have been said about the potential answers for the issue

Castles of anger Review Essay Example

Manors of outrage Review Paper Article on Castles of outrage This is the destiny she could weave the string of our lives discreetly, however rather she touches off on its way, to a great extent, a few minutes, looking over a huge number of different snapshots of our lives. Around evening time, when you think back, they consume brilliant light, stamping achievements course of your fate. These forlorn lights consume so brilliant that occasionally enlighten probably a few purposes behind what occurred in your life.  »  « Why is life consistently ridicules us? She finds us even at a young age and sows in our childrens mind a specific picture, or smell, or sound, and leaves it in our memory. What's more, this second was satisfaction. Do you comprehend it at that point, when its past the point of no return. Youre effectively far: a large number of kilometers away that picture, sound, smell. Also, there is no arrival to them  »  « Our longing - . That is the most significant thing that we have throughout everyday life, and can not generally surrender them. Notably, now and again costs not rest throughout the night due to our deep longings. We do evil entities, however never pay for them. What's more, this is absolutely the most significant thing when it comes time to pay, we should meet it with poise, making an effort not to stay away from reprisal. Just it is significant  ». We will compose a custom exposition test on Castles of outrage Review explicitly for you for just $16.38 $13.9/page Request now We will compose a custom paper test on Castles of outrage Review explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom paper test on Castles of outrage Review explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer  « As senseless as it might appear, yet individuals now and again covers nations, even frenzy, and life after that is wrinkled like a ticket, in an attack of dread grasped in his clench hand. Halfway coincidentally and incompletely by the desire of destiny, in the folds of the snaked tangle of life vanish tragic, mean, or never comprehended timeframes. . That is the way  »  « Ten kilometers away in the chime tower in Kvinnipake struck 12 PM; blowing north wind, and he revealed that the sound of ringers from the city straightforwardly into the room where they lay. At the point when the telephone rings this ringer, it appears as though chimes cut the night separated, and the time its sharp cutting edge, slice through a bit of time everlasting of medical procedure hours and each moment of it makes injury himself spared, and these blows ringers stick after some time, the manner in which it is, on the grounds that time tallies the existence power, comprising in the way that only minutes by minute, that is escaping the manner in which it is, reality, and the supernatural sanctioning of any perfect timing, and agonizing pleasantness all the chimes substantial svjaza s with time, all together just to set up some request in steady jolting accident when each stroke related wild dread, insane precision and superhuman quality. Also, similar to any of frenzy, it has its own custom, and custom that comprises in the consistent change of a great many crazy blast of dread in a heavenly move in front of an audience, in which an individual can move like a divine being is a custom, I rehash, and this was custom clock tower Grand Junction.  »  « his heart disheartened some uncommon beat like insane hours, binded in this huge structure, which was Kvinnipag with its chime tower  ». time kills to get away. While the sharp edge, puncture the tissue of life, slicing a corridor destiny to put the blood, without which it would quickly blunted cutting edge. Regardless of whether to time material to both existing impermanent class as a relentless arrangement of reference? time is a predator or time-warrior? Regardless of whether it has a psyche? Also, do it there the cutting edge higher equity whose sharpness is practically difficult to comprehend over the span of human presence Books Path from Dandellion Wine by Ray Bradbury to the uniqueness of Alessandro Baricco, come back to Ray, however now to his malevolent spirits was armed force , followed indeed the voice of the writer. At last, his recollections of Emily Brontes Wuthering Heights. And this to appear through to a great extent tones of Debussy, Piano placers, converged with the voices of summer knolls in the first part of the day, and in different lines with a deafening thunder and the haziness of night, cool ringing shower, and a murmuring quietness As if Baricco winds marginally salty and somewhat sweet white string, which can take any shading, at that point breaks down them in the waters of the ocean and the water transforms into glass straightforward, superbly smooth, with an unobtrusive shade of blue. To break not to break it, yet the world through him you will find in the new breaking On this glass moving insane - . Without thinking back and investigating the eyes of death at dusk golden sun What holds them. inside the restrictions of life? Unquestionably those equals that pulls Baricco between them, unendingly far?  « she was crying. They know what a limited number of some solitary the eyes, similarly as a vessel to the edge loaded up with misery, standing apathetically up to one is only a drop not to stuff it and don't overflow the edge, and it is trailed by a great many others, and he was standing unconcerned and on the edges of his trickle tears of hatred  » what's more, at the opposite finish of the story:. Life it is loaded up with glass, which ought to be flushed to the leftovers  » to the base, not permitting tears. disdain, which are colored blue and inky wine once overpowered the glass, and afterward there is no halting the track, the current down the unconcerned . The perfection of glass  « I revealed to him that all the most delightful thing in life a riddle so it was with me there are things to see: these are things common or loathsome, yet there are still a few puzzles, and it is in them that the joy is I was so in any event  » Baricco makes glass, however the letters appear through his books on paper as on a milk ocean, thick and quiet. What's more, in the event that you hold them with your fingertips, you will feel them hematite reliefs, expanding marginally upward, similar to the fingers of your exceptional, unpretentious and attentive magnets, and letters clustered together in herds of words, so artless gyre - . Style Baricco. Believe it or not, the main right word, however I moved them a great deal.  «You come here not to sing some single note. You come to sing your own note. It's anything but a play, its significant. Have your note, its own note. Love her, browsing a large number of others, to convey it with you, in your heart. You may not trust me, however I disclose to you that when you inhale, it inhales with you when you rest, it hangs tight for you to wake up, it ought to be your shadow, and I swear, it will be with you until the demise and will kick the bucket with you life is, obviously, makes one serious clamor, yet stressed his ears to hear it, and when you hear, snatch it and expect quick to remember no longer won't leave. Convey it with you murmuring it to myself when youre working, regardless of whether it sounds in your mind, in my heart, let it be readily available. Also, maybe, even in the legs  » And afterward the time might be, will overwhelm you not all that soon. What's more, youre not from slips on a smooth glass, from which fabricated your manors outrage, love, enthusiasm, desire, despair and endless craziness. Somebody will endure. Somebody one. Also, undoubtedly, one fingering a rosary of time, with an uncommon exertion to make everything else not to befuddle more than it is currently.

How to Write an Ethics Paper

How to Write an Ethics PaperThe purpose of writing an ethics paper is to inform others of your own values and beliefs. It is used to reach people. It is a way to relay your thoughts and opinions to someone else in a more direct manner. You will learn that what you do not tell them will affect their way of thinking about you and vice versa.Ethics is a code of morality used by business and society to prevent unethical behavior. Ethics is defined as the basis of right and wrong. It means right from wrong. In turn, this code tells us how we should treat others. By doing so, we will respect the way they live their lives.Ethics is not something we learn in school. Most of us do not even think about it because most of us think that ethics is something we are born with. If you think that way, then you should be careful because this is not true. It is not something that can be learned. We learn it from our parents, teachers, friends, family and even from the media.Ethics is something that can bring us closer to each other and the idea that we are all one. However, sometimes, we forget that ethics is a social concept. It is not something that is learned by oneself. It is something that should be taught and learned from the person we are with.A good way to write an ethics paper is to look for information about what your code of ethics is. You need to find out what your code states and what you must not do. The best way to get this information is by reading it from your ethics book.One thing that you will discover when writing an ethics paper is that it has a lot of importance. When you have an ethics paper, it is important to keep in mind that the teacher is looking at it from another perspective. They will read your paper and see what you are trying to say and how you are trying to say it.Your ethics paper can have three parts. First, the goals and ideals of ethics; second, your reasoning and your principles; and third, your conclusion. Your goal and ideals part should b e about what you want the other person to understand and the reason why you need to do this.Lastly, your reasoning part should explain why you believe what you are doing is right. This part should also be clear and should explain what your personal needs are. For example, if you have feelings of guilt, then you need to explain this and if you have been hurt or offended, then you need to explain these feelings as well.

Inequality Between Poverty And Poverty - 1139 Words

The world has improved in the last two decades in ending the terms of inequalities and poverty. Many countries are determined to improve their economy, and become fully developed just like the United States. In my home country, Kuwait, poverty do not exist, however, inequalities do. Some of the countries that have done well in the recent past include China, India, Brazil, and South Korea. However, poverty and inequalities are still being realized in the wealthy nation. Poverty and inequalities in the society are the two main factors that extend suffering and hinder their ability to realize a quality life. Inequality is a factor that promotes poverty because it hinders appropriate sharing of resources in the society. Inequality on key areas such as education, success, and work hinders people’s ability to advancement. It can also affect people’s ability to gain money and become reliable based on their income in the society. Inequalities reductions can be justified with ef fective equity considerations. Poverty and inequalities are the two main factors that Angele a Locke, Yglesias and The Economist argue about. These two factors also lower the living standards and limit people’s ability to advance. This paper will not only discuss the stereotypes we discussed in class such as the education’s role on success and the role of family in success, but also some subtopics and stereotypes of the poor including causes of poverty and inequalities, their impact and their solutions. ThisShow MoreRelatedThe Correlation between Poverty and Gender Inequality1211 Words   |  5 Pages Topic: Poverty and Inequality Key Question: To what extent do poverty and gender inequality affect each other? INTRODUCTION: Gender equality, women’s empowerment and good standard of living (financial stability) are important in their own rights. Today gender inequality is not only a cause of women’s poverty but also a barrier to tackling general poverty.Gender inequality impacts on whether women can benefit from development. Unequal distribution and control of resources between women and menRead MorePoverty And Inequality Between The United States Of America And India Essay2035 Words   |  9 Pageskey differences in poverty and inequality between the United States of America and India. We chose these two countries to analyze as inequality and poverty are difficult to compare and contrast on a global scale between all 196 countries. India and USA are also similar at key fundamental levels. We will compare the USA and India across eight key areas in order to come to a conclusion on the driving factors that have created the clear disparities in inequality and poverty between the two countries Read MorePoverty Inequality And Poverty And Inequality875 Words   |  4 Pagesimportant concepts which are poverty and inequality. Both inequality and poverty have mainly negatives impacts in the society therefore, it is almost a prerequisite to have an understanding of both for the sake of reduce them accurately. The first purpose of the essay is to give a thorough understanding of what poverty and inequality are. The second purpose is to display some similarity between poverty and inequality. Poverty Primarily, a simple definition of poverty is highly questionableRead MorePoverty in the U.S.961 Words   |  4 PagesEconomist, the US currently boasts the highest post-tax level of income inequality of any high-income country in the world (Economist 2013). The nations Gini Coefficient – a measure of wealth inequality – currently stands at .42, well above that of other nations such as Switzerland and Sweden, which have Gini Coefficients of .31 and .33 respectively. Unfortunately this high level of income and wealth inequality is growing. 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Hunter and New England Local Health District - Free Essay Example

Sample details Pages: 7 Words: 2117 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Hunter and New England Local Health District v McKenna [2014] HCA 44 Introduction The case of Hunter and New England Local Health District v McKenna[1] concerned the primary issue of whether a common law duty of care owed to third parties by health authorities and their employees were consistent with the appellantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ statutory obligations in relation to detaining and discharging mentally ill persons[2], under the Mental Health Act 1990 (NSW) (MHA).[3] The High Court of Australia unanimously held in favour of the appellants. An objective of the MHA, however, was the à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ of mentally ill patients.[4] On this basis, the decision of the High Court is questionable, as the Court failed to assess a least restrictive environment enabling care and treatment against the necessity for à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢. Such a need for control was required in these circumstances, and accordingly gave rise to a duty of care which was breached through the discharge of the patient. Don’t waste time! Our writers will create an original "Hunter and New England Local Health District" essay for you Create order Facts Mr Pettigrove, who suffered from a history of mental illness, was involuntarily admitted to, and detained in hospital, upon his friend, Mr Rose, being concerned about the mental state of Mr Pettigrove. Following an assessment by a psychiatrist, he was discharged into the custody of Mr Rose to enable them to travel to Victoria where Mr Pettigroveà ¢Ã¢â€š ¬Ã¢â€ž ¢s mother lived. During the car drive, Mr Pettigrove killed Mr Rose. Before later committing suicide, Mr Pettigrove told police that he had acted on impulse, believing that Mr Rose had killed him in a past life. Mr Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s family brought an action against the health authority claiming negligence on its part. The respondents alleged that the appellants owed Mr Rose and his relatives a duty to prevent Mr Pettigrove causing harm to Mr Rose, which it failed to do and as a consequence, they suffered nervous shock brought about by Mr- Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s death.[5] Procedural History At first instance, Elkaim DCJ, the trial judge of the New South Wales District Court found that there was no breach of duty of care as the respondents had failed to establish, that the risk was reasonably foreseeable and à ¢Ã¢â€š ¬Ã‹Å"not insignificantà ¢Ã¢â€š ¬Ã¢â€ž ¢ that a reasonable person would have taken precautions against it.[6] On appeal, the New South Wales Court of Appeal (consisting of Beazley P, Macfarlan JA, and Garling J dissenting) held that à ¢Ã¢â€š ¬Ã‹Å"[t]he Hospital owed Mr Rose a common law duty to take reasonable care to prevent Mr Pettigrove causing physical harm to Mr Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢,[7] and that that duty had been breached by the manner of discharge. By special leave, the appellants appealed to the High Court of Australia. Decision and Judicial Reasoning On the 12th of November 2014, the High Court (consisting of French CJ, Hayne, Bell, Gageler and Keane JJ) unanimously allowed the appeal. The Court held that the appellants did not owe the alleged co mmon law duty of care to Mr Rose and the respondents as this duty was inconsistent with the statutory obligations prescribed by the MHA. Referring to the judgement in Sullivan v Moody,[8] the High Court highlighted the difficulty in determining the existence and nature and scope of a duty of care. The difficulties included where (a) the nature of the harm suffered is caused by criminal conduct; (b) the defendant has a specific discretion or obligation under the existence of a statutory power; (c) the class of persons to which a duty is owed to is difficult to confine and (d) there is a need to preserve legal principles, or a statutory scheme.[9] Although each of these areas were observed to be relevant to the case, the Court concentrated on the second point in particular when reaching its decision. The Court concluded that the provisions of the MHA, which prohibited the detention or the continued detention of an individual unless no other less restrictive care was available, w as inconsistent with a common law duty of care requiring regard for the safety and welfare of those whom a mentally ill person may come into contactwithwhennotà ¢Ã¢â€š ¬Ã¢â‚¬ detained. Emphasis on à ¢Ã¢â€š ¬Ã‹Å"Controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ The MHA manifested the need for mentally ill patients to à ¢Ã¢â€š ¬Ã‹Å"receive the best possible care and treatment in the least restrictive environmentà ¢Ã¢â€š ¬Ã¢â€ž ¢[10] which, inherently favoured Mr Pettigroveà ¢Ã¢â€š ¬Ã¢â€ž ¢s discharge. Nonetheless, the objectives of the MHA, were equally concerned with the à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ of mentally ill persons including control intended to protect and prevent such persons, and others, from serious harm. Mr Pettigrove was admitted with principal diagnosis of exacerbation of chronic paranoid schizophrenia. He was certified by the medical superintendent to be mentally ill and involuntary admission and detention was found to be required.[11] During the early hours of the morning in the hospital, a nurse documented Mr Pettigrove to be à ¢Ã¢â€š ¬Ã‹Å"clearly experiencing psychotic phenomenonà ¢Ã¢â€š ¬Ã¢â€ž ¢, à ¢Ã¢â€š ¬Ã‹Å"pre-occupied and agitatedà ¢Ã¢â€š ¬Ã¢â€ž ¢ and having admitted to à ¢Ã¢â€š ¬Ã‹Å"voices that bother himà ¢Ã¢â€š ¬Ã¢â€ž ¢.[12] On the morning of the drive to Victoria, a psychiatrist assessed Mr Pettigrove and said that he did not have any distressing thoughts during the night. However, this was inconsistent with the nursesà ¢Ã¢â€š ¬Ã¢â€ž ¢ notes. Moreover, it is difficult to accept that the observations of that morning formed a sufficient basis to conclude the symptoms for which Mr Pettigrove had been admitted to hospital had disappeared. It may be argued that Mr Rose volunteered to drive Mr Pettigrove to Victoria and therefore he was adequately placed to exercise his own judgment about his ability to protect himself from harm.[13] However, Mr Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s offer was to drive Mr Pettigrove when he was à ¢Ã¢â€š ¬Ã‹Å"well enoughà ¢Ã¢â€š ¬Ã¢â€ž ¢[14] which clearly implied that Mr Rose relied on the hospital forming the view that, before he was discharged, Mr Pettigrove was fit to travel with him to Victoria. Therefore, Mr Roseà ¢Ã¢â€š ¬Ã¢â€ž ¢s safety was dependent upon an astute judgment by the appellants. In light of these observations, there was a need for control of Mr Pettigrove by continued detention. For the purposes of complying with statutory obligations, Mr Pettigroveà ¢Ã¢â€š ¬Ã¢â€ž ¢s involuntary treatment order could have been revoked and he could have simply been encouraged to remain in hospital as a voluntary patient to undergo further treatment. Further, these observations suggest that there was a à ¢Ã¢â€š ¬Ã‹Å"reasonably foreseeable riskà ¢Ã¢â€š ¬Ã¢â€ž ¢ that was à ¢Ã¢â€š ¬Ã‹Å"not insignificantà ¢Ã¢â€š ¬Ã¢â€ž ¢ that without appropriate treatment, Mr Pettigrove might cause harm to himself or a third party. Referring to the present case, the High Court stated that : à ¢Ã¢â€š ¬Ã‹Å"[For] a mentally ill person, the risk of that person acting irrationally will often not be insignificant, farà ¢Ã¢â€š ¬Ã¢â‚¬Ëœfetched or fanciful. And, in such cases, there will often be a risk that the irrational action will have adverse consequencesà ¢Ã¢â€š ¬Ã¢â€ž ¢.[15] These observations would have led a reasonable psychiatrist in the appellantsà ¢Ã¢â€š ¬Ã¢â€ž ¢ position, to continue to detain Mr Pettigrove and not consign him into the care of Mr Rose for a long road trip on their own. A reasonable psychiatrist would have asserted that Mr Pettigroveà ¢Ã¢â€š ¬Ã¢â€ž ¢s symptoms were liable to fluctuate and that there was no guarantee of recovery from a psychotic episode.[16] Therefore, a duty of care was owed to third parties and that duty was subsequently breached by the health authority in discharging Mr Pettigrove into the custody of Mr Rose. As a result, the appellants failed to uphold the aspect of à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ pursuant to the MHA. A Question of Public Policy Section 20 of the MHA ultimately promotes the civil rights of mentally ill persons by requiring minimum interference with their liberty. InCarrier v Bonham,[17]McPherson J referred to à ¢Ã¢â€š ¬Ã‹Å"more humane methods of treatmentà ¢Ã¢â€š ¬Ã¢â€ž ¢for mental health patients, enabling à ¢Ã¢â€š ¬Ã‹Å"greater liberty of movementà ¢Ã¢â€š ¬Ã¢â€ž ¢.[18] However, the right to dignity, autonomy and respect of mentally ill persons should not detract from the more imperative right to proper care and treatment, including protection. This priority assumes even greater significance when the personà ¢Ã¢â€š ¬Ã¢â€ž ¢s insight into his or her mental illness is impaired and their decision-making capacity is affected. [19] Such was the situation of Mr Pettigrove and therefore, the necessity for control through detention, should have outweighed the requirement for à ¢Ã¢â€š ¬Ã‹Å"least restrictiveà ¢Ã¢â€š ¬Ã¢â€ž ¢ care and treatment. Implications T he decision of this case creates a high level of immunity for psychiatrists and the institutions through which they provide services, from tortious liability for violent conduct of patients upon failure to impose involuntary detention or maintain involuntary detention.[20] This decision also reinforces the judgement of Sullivan v Moody, that when determining the nature and scope of a duty of care in particular circumstances, regard must be had to statutory obligations, which may serve to circumscribe or override the duty otherwise owed.[21] Conclusion The appellants owed, and breached a duty of care to Mr Rose and the respondents by discharging Mr Pettigrove. Such an act involved an imprudent exercise of the statutory duty under the MHA as the Act was equally concerned about the à ¢Ã¢â€š ¬Ã‹Å"controlà ¢Ã¢â€š ¬Ã¢â€ž ¢ of mentally ill patients as with their liberty. The High Court failed to evaluate this necessity of control against a least restrictive environment. Nevertheles s, the decision of the case heightens the tension surrounding both the balance between the liberty of mental health patients, and the protection of such patients and the wider community, as well as the coexistence of statutory powers and common law liability. Bibliography Articles/books/reports Freckelton, Ian, à ¢Ã¢â€š ¬Ã‹Å"Legal Liability for Psychiatristsà ¢Ã¢â€š ¬Ã¢â€ž ¢ Decisions about Involuntary Inpatient Status for Mental Health Patientsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) 22(2), Journal of Law and Medicine 280-289 Freckelton, Ian, à ¢Ã¢â€š ¬Ã‹Å"LiabilityofPsychiatristsforFailuretoCertifyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2003) 10(2) Psychiatry, Psychology and Law 397-404 Peterso, Kathryn, à ¢Ã¢â€š ¬Ã‹Å"Where is the line to be drawn? Medical Negligence and Insanity in Hunter Area Health Service v Preslandà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 28(1), Sydney Law Review 181-196 Rangarajan, Shrikkanth and Bernadette McSherry, à ¢Ã¢â€š ¬Ã‹Å"To Detain or Not to Detain: A Question of Public Duty?à ƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ (2009) 16(2), Psychiatry, Psychology and Law 288-302 Scott, Russ, à ¢Ã¢â€š ¬Ã‹Å"Hunter Area Health Services v Presland: Liability of Mental Health Services for Failing to Admit or Detain a Patient With Mental Illnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 13(1), Psychiatry, Psychology and Law 49-59 Scott, Russ, à ¢Ã¢â€š ¬Ã‹Å"LiabilityforHealthServices for not Involuntarily Detaining and Treating a Mentally Ill Personà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2015) 22(1), Psychiatry, Psychology and Law 1-31 Scott, Russ, à ¢Ã¢â€š ¬Ã‹Å"Liability of Psychiatrists and Mental Health Services for Failing to Admit or Detain Patients with Mental Illnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 14(3), Australasian Psychiatry 256-262 Cases Carrier v Bonham [2001] QCA 234 Hunter and New England Local Health District v McKenna [2014] HCA 44 McKenna v Hunter New England Local Health District; Simon v Hunter New England Local Health District [2013] NSWCA 476 Presland v Hunter Area Health Service [2003] NSWSC 754 Sullivan v Moody (2007) 207 CLR 562 Legislation Mental Health Act 1990 (NSW) Civil Liability Act 2002 (NSW) Other Blacker, Wendy, and Tejas Thete, à ¢Ã¢â€š ¬Ã‹Å"Detention or Release: The Common Law and Statutory Dichotomyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) Gadens https://www.gadens.com/publications/Pages/Detention-or-release-the-common-law-and-statutory-dichotomy.aspx at 4th April 2015 Leaver, Cameron, à ¢Ã¢â€š ¬Ã‹Å"Hunter and New England Local Health District V Merryn Elizabeth McKenna [2014] HCA 44; Hunter and New England Local Health District V Sheila Mary Simon Anor [2014] HCA44à ¢Ã¢â€š ¬Ã¢â€ž ¢ on Cameron Leaver, Hicksons Health Law Blog (13 November 2014) https://hicksonshealthlawblog.com/2014/11/13/hunter-and-new-england-local-health-district-v-merryn-elizabeth-mckenna-2014-hca-44-hunter-and-new-england-local-health-district-v-sheila-mary-simon-anor-2014-hca-44/ at 3rd April 2015 Merryn Elizabeth McKenna, à ¢Ã¢â€š ¬Ã‹Å"Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Chronologyà ¢Ã¢â€š ¬Ã¢â€ž ¢, Submission in Hunter and New England Local Health Services v McKenna, S142/2014, 25 July 2014 Hunter and New England Local Health District, à ¢Ã¢â€š ¬Ã‹Å"Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Submissionsà ¢Ã¢â€š ¬Ã¢â€ž ¢, Submission in Hunter and New England Local Health Services v McKenna, S143/2014, 25 July 2014 Van de Poll, John and Vahini Chetty, à ¢Ã¢â€š ¬Ã‹Å"Is a Hospital Liable for the Criminal Acts of Its Mental Health Patients?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (May 2014) Holman Webb Lawyers https://www.holmanwebb.com.au/publications/is-a-hospital-liable-for-the-criminal-acts-of-its-mental-health-patients at 3rd April 2015 [1] [2014] HCA 44. [2] Mental Health Act 1990 (NSW) s 9 (definition of à ¢Ã¢â€š ¬Ã‹Å"mentally ill personà ¢Ã¢â€š ¬Ã¢â€ž ¢). [3] Ibid s 20. [4] Ibid s 4(1). [5] John Van de Poll and Vahini Chetty, à ¢Ã¢â€š ¬Ã‹Å"Is a Hospital Liable for the Criminal Acts of its Mental Health Patients?à ¢Ã¢â€š ¬Ã¢â€ž ¢ (May 2014) Holman Webb Lawyers https://www.holmanwebb.com.au/publications/is-a-hospital-liable-for-the-criminal-acts-of-its-mental-health-patients at 3 April 2015. [6] Civil Liability Act 2002 (NSW) s 5B (1). [7] McKenna v Hunter New England Local Health District; Simon v Hunter New England Local Health District [2013] NSWCA 476, [108] (Macfarlan J). [8] Sullivan v Moody (2007) 207 CLR 562. [9] Ibid [50]. [10] Mental Health Act 1990 (NSW) s 4(2). [11] Merryn Elizabeth McKenna, à ¢Ã¢â€š ¬Ã‹Å"Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Chronologyà ¢Ã¢â€š ¬Ã¢â€ž ¢, Submission in Hunter and New England Local Health Services v McKenna, S142/2014, 25 July 2014, 2. [12] Dr Russ Scott, à ¢Ã¢â€š ¬Ã‹Å"LiabilityforHealthServices for not Involuntarily Detaining and Treating a Mentally Ill Personà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2015) 22(1) Psychiatry, Psychology and Law 1, 4. [13] Hunter and New England Local Health District, à ¢Ã¢â€š ¬Ã‹Å"Appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s Submissionsà ¢Ã¢â€š ¬Ã¢â€ž ¢, Submission in Hunter and New England Local Health Services v McKenna, S143/2014, 25 July 2014, 10 [54]. [14]14 Ibid 4 [21]. [15] Hunter and New England Local Health District v McKenna [2014] HCA 44, [31]. See also Presland v Hunter Area Health Service [2003] NSWSC 754. [16] McKenna v Hunter New England Local Health District; Simon v Hunter New England Local Health District [2013] NSWCA 476, [133] (Macfarlan J). [17] Carrier v Bonham [2002] QCA 234. [18] Ibid [36] (McPherson J). [19] Dr Scott Russ, à ¢Ã¢â€š ¬Ã‹Å"LiabilityforHealthServices for not Involuntarily Detaining and Treating a Mentally Ill Personà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2015) 22(1) Psychiatry, Psychology and Law 1, 26. [20] Ian Freckelton, à ¢Ã¢â€š ¬Ã‹Å"Legal Liability for Psychiatristsà ¢Ã¢â€š ¬Ã¢â€ž ¢ Decisions about Involuntary Inpatient Status for Mental Health Patientsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2014) 22(2), Journal of Law and Medicine 280. [21] Wendy Blacker and Tejas Thete, à ¢Ã¢â€š ¬Ã‹Å"Detention or Release: The Common Law and Statutory Dichotomyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1 December 2014) Gadens https://www.gadens.com/publications/Pages/Detention-or-release-the-common-law-and-statutory-dichotomy.aspx at 4 April 2015.

Comparing Two Advertisements Essay - 950 Words

Advertisements are produceed to help sell a product and to make it known. You can see advertisements in magazines, on television, in the newspaper, they come through the post and are on billboards. In my essay I intend to find the differences and similarities between adverts for a mens fragrance and a fragrance aimed at women. The mens fragrance is not a new product it is a limited edition fragrance. The product aimed at the women is a completely new product. I chose these two products because i was interested in the different ways the same product would be advertised to men and women. In the mens product Lynx, there is a picture of the deodrant and shower gel in the bottom right-hand†¦show more content†¦Two perfume bottles, one of the bottles is tall light pink bottle which is on the left with a silver J Lo necklace around it. It also has a diamantà © heart pendant overlapping the left bottle. 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Doping in Sport free essay sample

English Group discussion on Doping in sport. 22nd As we may all know doping can and has been a problem in some specific sports, cycling being the main scapegoat of course because of the Lance Armstrong scandal. However does that mean doping Is not involved with any other sports. Absolutely not, what many people believe is that cycling is a dirty sport because so many drugs and supplements are involved, however they do not realise some of the sports they love are heavily armed with many different cases. Cycling In fact Is now the cleanest sport n the industry because they dont let anything slip past. After seeing a documentary on Mark Cavendishs wins in the tour de France and the first Brit to become world champion In ages, he actually said that the doping chaperones wouldnt leave him alone and had to pester him until he took his drug test. We will write a custom essay sample on Doping in Sport or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page What I am trying to get at is that people are being extremely close minded in terms of believing that their own favourite sport is clean. What do you think about banning athletes? Banning athletes is a very hot topic in the media whether or not it should happen, in y opinion the athletes that take and have taken these substances. For example Alberto Contador the Spanish cyclists who allegedly won the tour de France two years in a row, did this whilst taking a substance known as EPO. When he later got found out he was banned but not for life to the present day he still competes in the tour de France with no hassle, As well as still being able to compete he Is known as the two time tour winner still even though he doped. I dont think this is very fair in reality as why should he still be allowed that title when he cheated for it.