The letter R

Monica Silva Radiant R Every word in the English language derives from 26 seemingly simple letters. Each letter has gone through a unique transition in order to end up how it is today. Some letters have been erased, while some added, and others Just transformed. The complex Journey of the written language can somewhat be seen through the transition of R. The letter R is one of the letters that has been around since the very beginning of writing. R is a unique letter in its pronunciation, history and its place in cultural artifacts as well as math and sciences.While looking at the English alphabet, one would come across the eighteenth letter of the alphabet; R. R can be classified as an ancestor for written language today. While most letters have been around for a very long time, R is one that has residency and that has not had a very large change throughout history. R is a letter that has appeared in some of the oldest writings found. These include inscriptions from the Semitic cultu re. In these writings, R was represented by something that looked like a â€Å"human head in profile† (David Sacks 283) (figure 1).They called this ymbol resh, which translates to ‘head' in the Semitic language. This letter also appears in the Phoenician alphabet. At this time it still represented the word ‘head' but its shape had changed. The illustration turned from a human head profile to something that looked a lot like a modern day backwards P (fgure 2). This illustration could still be classified as a human head, Just with more defined, longer neck. As the Greeks studied the Phoenician alphabet, they took great influence on their letters and took a large part of it as basis for their own alphabet.As for the letter R, they did not hange it much from what it had originally been. They decided to only modify its name so that it would fit better into the sound of their language, thus it became rho. This had â€Å"no special meaning in Greek aside from the letter † (Sacks 285). In early Greek writing, rho could be either turned to the left or the right. It was not until about 500 B. C. that the Greeks decided to permanently have rho facing towards the right, thus making the visual practically the same as the Phoenician alphabet.They made this change because the Greek reading permanently changed from left to right. The tail that is on the R today did not appear until in was formed in ancient Rome. The tail was at first a very short line, but then developed into a complete stroke all the way to the baseline. The lowercase version of r is unique in the fact that it is the only letter that has an uppercase closed section, while its lowercase version does not. This was due to the style of handwriting in the early Middle Ages. Instead of drawing the entire loop and tail, they only drew the top of the curved line (fgure 3).They did this in order to save time and pen strokes while writing. This shortcut has been carried along all the way up to modern day writing. The letter R has a variety of different sounds depending on what word you are saying, what language you are speaking, or even what part of the country you are from due to different accents. The eight different rhetoric consonants are alveolar trill, alveolar approximant, alveolar tlap, voiced retrotlex tricative, retrotlex approximant, retroflex flap, uvular trill, and voiced uvular fricative (Wikipedia).One sound heard in English is the alveolar trill; it is described as a rolling R. Leading air ver articulator so that it can vibrate makes this sound. This sound deals with the tip of the tongue and while making this sound the vocal cords will vibrate. Another rhetoric consonant found in the English language is alveolar approximant. Narrowing the vocal tract where it articulates creates this sound and it also deals with the tip of the tongue and the vocal cords vibrate while making it as well. Another consonant found in English is retroflex approximant.Like alve olar approximant, narrowing the vocal tract at articulation creates this sound. This sound deals with the tip of the ongue as it is turned up and vocal cords will vibrate while creating this sound. The last rhetoric consonant found in English is retroflex flap. This sound is created with one contraction of the muscle, making the tongue thrown against the bottom of the mouth. Like retroflex approximant, the tongue is curled up when making this sound and the vocal cords will vibrate as well. Each of these explained sounds are oral consonants meaning that air can escape from the mouth only.They are also all central consonants meaning that the sound is produced by instructing airstream on he center of the tongue instead of to the sides of the mouth. (Wikipedia). Recordings of all eight rhetoric consonants can be found on the reference page. While making some simple R sounds you could find that if you lift up your tongue, you will then be making the sound of the letter L. This would be b ecause of the fact that R and L are phonetically sisters and they are called liquids. The term liquid consonants mean that these two letters behave in a similar way.These two letters are going to have â€Å"an effect on a vowel sound that precedes them in a word† (Sacks 280). This effect is that of drawing out the vowel's pronunciation and thus making it stronger. Some examples that Sacks gives are the words ‘pole' and ‘poke'. Saying these words aloud, one can hear how the ‘e' in ‘pole' is more prominent than the ‘e' in ‘poke'. This is unique in the fact that the only other letter that makes this effect in the English alphabet is obviously L. Phonetic writing is not the only place you will land eyes on the letter R, it has an importance in science as well as mathematics.In the sciences, the gas constant is represented by the uppercase R. The reason R was chosen to represent the gas constant is unknown but there are three ideas as to why thi s may be. The first idea is simply that it was random. The second idea is that it could possibly stand for ratio. Scientists thought this could be because of the fact that this value of R was found by calculating the constancy of the ratio over pressure and time. The third idea for this representation is that it was named after Henri Victor Regnault. Regnault was the French chemist who calculated the early value of the constant densen 2).In mathematics, the letter R represents the set of all real numbers. R was chosen because Rn refers to the Cartesian product of n copies of R. Another reason is it thought to represent all real numbers is because of the fact that the word real starts with an r (O'Connor 1). Just like R plays a role in mathematics and science, it can be caught playing a role in cultural artifacts as well. The letter R is also known as the dogs letter'. There are many people who have made a connection between the sound of r and a dog. In 1529 Geotry Tory compared the r growling sound to dogs when they are angry and about to bite each other.During the mid first century, a poet named Persius referred to R as ‘dog letter' as well. Also in the Spanish language it is called canina littera, which may be of even greater importance because in Spanish language rolled r's is a major part of their pronunciation. Another person who referred to R as the dogs letter was Ben Jonson in his book English Grammar (Sacks 280). This reference can be found in the famous Romeo and Juliet by William Shakespeare in Act 2, scene 4. In this part of the play, Juliet's nurse calls the letter R, the dogs name' referring to Romeo as a dog.

Law and Cases

Page 1 All ER Reprints/[1914-15] All ER Rep /Hickman v Kent or Romney Marsh Sheep Breeders' Association and another – [1914-15] All ER Rep 900 Hickman v Kent or Romney Marsh Sheep Breeders' Association and another [1914-15] All ER Rep 900 Also reported [1915] 1 Ch 881; 84 LJ Ch 688; 113 LT 159; 59 Sol Jo 478 CHANCERY DIVISION ASTBURY J 4, 25 MARCH 1915 31 MARCH 1915 Arbitration – Submission – Article of company – Application for membership of company and acceptance Rule for all disputes between company and members to be referred.Company – Articles – Effect – Contract between members and company and between members inter se. In 1905 the plaintiff was elected a member of the defendant association, and he then agreed to conform to its rules and regulations. By art 49 of the articles of association differences between the association and any of its members relating to any of the affairs of the association must be referred to the decision o f an arbitrator.In 1914 the plaintiff issued a writ against the association and its secretary claiming injunctions and declarations in respect of matters which related to the affairs of the association and for certain other relief, which in substance was to enforce his rights under the articles. On an application by the defendants for a stay of the action pursuant to s 4 of the Arbitration Act, 1889, and to refer the matters in dispute to arbitration in accordance with the terms of art 49,Held: (i) art 49 must be treated as a statutory agreement between the members and the association as well as between themselves inter se, and it constituted a submission to arbitration within the Arbitration Act, 1889; (ii) the application for membership by the plaintiff and its acceptance by the association constituted a contract between the plaintiff and the association by which the plaintiff agreed in writing to conform to the regulations of the association, one of which regulations was that all ifferences between the association and a member should be submitted to arbitration, and that contract also constituted a submission to arbitration; therefore, on both those grounds a stay of the action would be granted. Notes Applied: Anglo-Newfoundland Development Co v R, [1920] 2 KB 214. Considered: Agricultural Wholesale Society v Biddulph and District Agricultural Society, [1925] Ch 769; Beattie v Beattie, Ltd, [1938] 3 All ER 214. Applied: Kanssen v Rialto (West End) Ltd, [1944] Ch 154. Considered: Rayfield v Hands, [1958] 2 All ER 194.Referred to: London Sack and Bag Co v Dixon and Lugton, Ltd, [1943] 2 All ER 763. As to the effect of memoranda and articles of association, see 6 HALSBURY'S LAWS (3rd Edn) 127-130, and for cases see 9 DIGEST (Repl) 85-88. As to submissions to arbitration and stay of proceedings, see 2 Page 2 HALSBURY'S LAWS (3rd Edn) 3 et seq, and for cases see 2 DIGEST (Repl) 421 et sec. For Companies Act, 1948 see 3 HALSBURY'S STATUTES (2nd Edn) 452, and for Arbitration Act, 1950, see ibid, vol 29, p 89. Cases referred to: 1) Willesford v Watson (1873) 8 Ch App 473; 42 LJ Ch 447; 28 LT 428; 37 JP 548; 21 WR 350, LC & LJJ; 2 Digest (Repl) 452, 190a. (2) Re Tavarone Mining Co, Pritchard's Case (1873) 8 Ch App 956; 42 LJ Ch 768; 29 LT 368; 21 WR 829, LJJ; 9 Digest (Repl) 85, 362. (3) Melhado v Porto Alegre Rail Co (1874) LR 9 CP 503; 43 LJCP 253; 31 LT 57; 23 WR 57; 9 Digest (Repl) 53, 152. (4) Eley v Positive Government Security Life Assurance Co (1875) 1 ExD 20; 45 LJQB 50; 33 LT 743; 24 WR 252; affirmed (1876) 1 ExD 88; 45 LJQB 451; 34 LT 190; 24 WR 338, CA; 9 Digest (Repl) 87, 372. 1914-15] All ER Rep 900 at 901 (5) Browne v La Trinidad (1887) 37 Ch D 1; 57 LJ Ch 292; 58 LT 137; 36 WR 289; 4 TLR 14, CA; 9 Digest (Repl) 87, 374. (6) Kelner v Baxter (1866) LR 2 CP 174; 36 LJCP 94; 15 LT 213; 15 WR 278; sub nom Kelmer v, Baxter, 12 Jur NS 1016; 9 Digest (Repl) 682, 4498. (7) Re Famatina Development Coops, Ltd, [1914] 2 Ch 271; 84 LJ Ch 48 ; 30 TLR 696, CA; 10 Digest (Repl) 978, 6731. (8) MacDougall v Gardiner (1875) 1 Ch D 13; 45 LJ Ch 27; 33 LT 521; 24 WR 118, CA; 9 Digest (Repl) 619, 4130. (9) Pender v Lushington (1877) 6 Ch D 70; 46 LJ Ch 317; 9 Digest (Repl) 609, 4039. 10) Imperial Hydropathic Hotel Co, Blackpool v Hampson (1882) 23 Ch D 1; 49 LT 150; 31 WR 330, CA; 9 Digest (Repl) 553, 3655. (11) Johnson v Byttle's Iron Agency (1877) 5 Ch D 687; 46 LJ Ch 786; 36 LT 528; 25 WR 548, CA; 9 Digest (Repl) 350, 2243. (12) Bradford Banking Co, Ltd v Briggs & Co, Ltd (1886) 12 App Cas 29; 56 LJ Ch 364; 56 LT 62; 35 WR 521; 3 TLR, 170, HL; 9 Digest (Repl) 85, 363. (13) Word v Odessa Waterworks Co (1889) 42 Ch D 636; 58 LJ Ch 628; 37 WR 733; 5 TLR 596; 1 Meg 265; 9 Digest (Repl) 86, 364. (14) Salmon v Quin and Axtens, Ltd, [1909] 1 Ch 311; 78 LJ Ch 367; 100 LT 161; 25 TLR 164; 53 Sol JoPage 3 150, CA; affirmed sub nom Quin and Axtens, Ltd v Salmon, [1909] AC 442; 78 LJ Ch 506; 100 LT 820; 25 TLR 590; 53 Sol Jo 575; 16 Man s 230, HL; 9 Digest (Repl) 498, 3283. (15) Welton v Saffery, [1897] AC 299; 66 LJ Ch 362; 76 LT 505; 45 WR 508; 13 TLR 340; 41 Sol Jo 437; 4 Mans 269, HL; 9 Digest (Repl) 203, 1293. (16) Bisgood v Henderson's Transvaal Estates, Ltd, [1908] 1 Ch 743; 77 LJ Ch 486; 98 LT 809; 24 TLR 510; 52 Sol Jo 412; 15 Mans 163, CA; 9 Digest (Repl) 201, 1288. (17) Re Lewis, Ex parte Munro (1876) 1 QBD 724; 45 LJQB 816; 35 LT 857; sub nom R v Munro, Re Lewis, 24 WR 1017, DC; 42 Digest 126, 1211. 18) Caerleon Tinplate Co v Hughes (1891) 60 LJQB 640; 66 LT 118; 7 TLR 619; 2 Digest (Repl) 423, 27. (19) Baker v Yorkshire Fire and Life Assurance Co, [1892] 1 QB 144; 61 LJQB 838; 66 LT 161; 2 Digest (Repl) 423, 28. Also referred to in argument: Morgan v W Harrison, Ltd, [1907] 2 Ch 137; 76 LJ Ch 548; 97 LT 445, CA; 2 Digest (Repl) 445, 170. Borland's Trustee v Steel Bros & Co, Ltd, [1901] 1 Ch 279; 70 LJ Ch 51; 47 WR 120; 17 TLR 45; 9 Digest (Repl) 99, 446. Re Wheat Buller Consols (1888) 38 Ch D 42; sub n om Re Wheal Buller Consols Ltd, Ex parte Jobling, 57 LJ Ch 333; 58 LT 823; 36 WR 723; 4 TLR 282, CA; 9 Digest (Repl) 469, 3071.Adjourned Summons by which the defendants applied for a stay of the action under s 1 of the Arbitration Act, 1889 [see now s 4 of the Arbitration Act, 1950]. The defendants, the Kent or Romney Marsh Sheep Breeders' Association and their secretary, W W Chapman, applied for an order staying all proceedings in the action pursuant to s 4 of the Arbitration Act, 1889, and referring the matters in dispute in the action to arbitration under art 49 of the articles of association of the association.The Kent or Romney Marsh Sheep Breeders' Association was incorporated under the Companies Acts in the year 1895 as an association not for profit, the defendant [1914-15] All ER Rep 900 at 902 W W Chapman having been the secretary since the incorporation of the association. On 8 November 1905, the plaintiff, Alfred John Hickman, wrote to Chapman as such secretary stating he wished to become a member of the association, and in reply on 10 November 1905, Chapman wrote to the plaintiff inclosing a form of application for membership.This form, completed and signed by the plaintiff, was received by Chapman on or about 12 November 1905, and was as follows: Page 4 â€Å"Kent or Romney Marsh Sheep Breeders' Association (Incorporated). – Application form for membership. – I, Alfred J Hickman, of Court Lodge, Egerton, in the county of Kent, am desirous of becoming a member of the Kent or Romney Marsh Sheep Breeders' Association (Incorporated) as a flock owner, and I engage when elected to pay the entrance fees, annual subscriptions, nd such fees for entry of ewe flocks and individual sheep as may then be in force or subsequently adopted, together with all such costs for inspection and tattooing as may be sanctioned by the council for the time being, and to conform to the rules and regulations of the association until I by notice in writing to the secretary cease to be a member of the association. – Signature, ALFRED J HICKMAN. – Dated Nov 11, 1905. † The plaintiff was elected a member of the association on 12 December 1905, and he was informed of such election by letter on 14 December 1905.By art 49 of the articles of association of the defendant company: â€Å"Whenever any difference arises between the association and any of the members touching the true intent or construction or the incidents or consequences of these presents or of the statutes, or touching anything then or thereafter done, executed, omitted, or suffered in pursuance of these present, or of the statutes, or touching any breach or alleged breach of these presents, or any claim on account of any such breach or alleged breach, or otherwise relating to the premises or to these presents, or to any statute affecting the association, or to any of the affairs of the association, every such difference shall be referred to the decision of an ar bitrator to be appointed by the parties in difference or if they cannot agree upon a single arbitrator, to the decision of two arbitrators, of whom one shall be appointed by each of the parties in difference, or an umpire to be appointed by the two arbitrators. â€Å"On 18 December 1914, the plaintiff issued the writ in the present action claiming, inter alia, an injunction to restrain the defendants from taking any steps to expel him from the association or doing any act or acts in derogation of his rights as a member of the association, and damages for refusing to register his sheep, and a declaration that he was entitled to have his sheep registered. A summons for directions was issued, but before it was heard or any further step taken is the action, the defendant association and Chapman issued this summons far the hearing of an application by them that all further proceedings be stayed, pursuant to s 4 of the Arbitration Act, 1889, and that the matters in question in the action should be referred to arbitration in accordance with art 49 of the articles of the association.By s 4 of the Arbitration Act, 1889 [see now Arbitration Act, 1950, s 4]: â€Å"If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court, or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred is accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, [1914-15] All ER Rep 900 at 903 and still remains, ready and willing to do all things necessary to the proper conduct of the arbitrat ion, may make an order staying the proceedings. † By s 27 [see s 32 of Act of 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. â€Å"By s 14(1) of the Companies (Consolidation) Act, 1908 [see now s 20 of Companies Act, 1948]: â€Å"The memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe all the provisions of the memorandum and of the articles, subject to the provisions of this Act. † Page 5 Micklem, KC, and F Hinde for the defendants. Frank Russell, KC, and HS Simmons for the plaintiff in the action. Cur adv vult, 31 Mar 1915 ASTBURY J: (read the following judgment) This is a summons by the defendants to stay proceedings in the action under s 4 of the Arbitration Act, 1889 [see now s 4 of Arbitration Act, 1950].The plaintiff, by his writ in the action, which is brought against the defendant association and their secretary, claims injunctions, a declaration, and certain other relief in respect of matters which arise out of and relate solely to the affairs of the association, which relief is, in substance, to enforce the plaintiff's rights under the articles of association of the defendant company. It is admitted by the plaintiff that the action is against, the association and the second defendant as its officer, and no point is made by the plaintiff of there being two defendants. The association is a limited company registered under the Companies' Acts, and by its memorandum of association it is provided (inter alia) that the objects of the association are â€Å"the encouragement of the breeding of Kent or Romney Marsh sheep at home and abroad and the maintenance of the purity of the breed† Further: The es tablishment and publication of a flock book of recognised and pure-bred sires which have been used, or ewes which have been bred from, and of such other flock books (if any) which the council may think fit and the annual registration of the pedigrees of such sheep as are proved to the satisfaction of the council to be eligible for entry. †¦ The undertaking of the arbitration upon and settlement of disputes and questions relating to or connected with Kent or Romney Marsh sheep and the breeding thereof, and for other subsidiary purposes. † By art 49 disputes between the association and any of its members are to be referred to arbitration.This is a common form of article in private companies, and, the objects of the association being what they are, it and its members might he seriously prejudiced by a public trial of their disputes. If this summons fails, as the plaintiff contends that it should, these arbitration clauses in articles are of very little, if any, value. The pl aintiff became a member of the association in 1905. It is clear on the authorities that if there is a submission to arbitration within the meaning of the Arbitration Act there is a prima facie duty cast upon the court to act upon such an agreement: per LORD SELBORNE in Willesford v Watson (1) 8 Ch App at p 480.In the present case the defendants contend, first, that art 49, dealing as it does with the members of the company in their capacity of members only, constitutes a submission within the meaning of the Arbitration Act, or, alternatively, that the contract contained in the plaintiff's application for membership and the company's [1914-15] All ER Rep 900 at 904 acceptance of it amounts to such a submission. The plaintiff contests both these propositions. Independently Page 6 of the particular dispute in this case, the arguments, especially upon the first of these contentions, have raised questions of far-reaching importance and of great difficulty. I will deal with the question a s to the effect of art 49 first. Section 14(1) of the Companies (Consolidation) Act, 1908 [see new s 20(1) of Companies Act, 1948], says: The memorandum and articles shall, when registered, bind the company and members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member, his heirs, executors, and administrators, to observe, all the provisions of the memorandum and of the articles, subject to the provisions of this Act† It is laid down in text-books of the highest authority that the articles are not a contract between the members and the company, but a contract with the other members. The articles are a contract only as between the members inter se in respect of their rights as shareholders.The exact nature of this covenant – that is, the covenant referred to in s 14 – has given rise to considerable discussion and is even now very difficult to define; but it is now settled that it is not equivalent to a contract between the company, on the one part, and the members, on the other, on which either a member can sue the company or the company can sue a member. The principal authorities in support of these propositions are Re Tavarone Mining Co, Pritchard's Case (2); Melhado v Porto Alegre Rail Co (3); Eley v Positive Government Security Life Assurance Co (4); and Browne v La Trinidad (5) In Pritchard's Case (2) by the articles of association of a mining company it was provided that the company should immediately after incorporation enter into an agreement with the vendor of the mine for the purchase of the mine, and the price was fixed.The articles were signed by the vendor and six other persons, and the directors allotted shares to the vendor, but no further agreement was made with him. It was held, affirming the decision of WICKENS, V-C, that the articles of association did not constitute a contract in writing between the vendor and the company within s 27 of the Companion Act, 1867, and that certain shares should not, therefore, be considered as fully paid up. MELLISH, LJ, in giving judgment, said (8 Ch App, at p 960): â€Å"But I am of opinion that the articles of association cannot be considered as a contract in writing between De Thierry and the company for the sale of the mine to them.It may no doubt be the case if no other contract was entered into, and if De Thierry signed these articles and they were acted upon, that a court of equity would hold that as between him and the company – from their acting upon it – there was a binding contract; but in themselves the articles of association are simply a contract as between the shareholders inter as in respect of their rights as shareholders. They are the deed of partnership by which the shareholders agree inter se. † In Melhado v Porto Alegre Rail Co (3) the articles of association of a joint stock company provided that the company should defray such expens es incurred in its establishment as the directors should consider might be deemed and treated as preliminary expenses to an amount not exceeding a sum named. The plaintiffs, who were promoters of the company, had incurred preliminary expenses in its establishment, and it was held that no action would lie at the suit of the plaintiffs against the company under the articles. LORD COLERIDGE, CJ, said (LR 9 CP at p 505): The action is brought on a clause in the articles of association, by which the directors are authorised to pay certain expenses if they should consider them [1914-15] All ER Rep 900 at 905 to be properly deemed preliminary expenses. The declaration avers that all conditions were. performed, necessary to entitle the plaintiffs to be paid, their expenses; and therefore I think we must take it that, they, were expenses which, if the directors had thought proper to pay then the articles would have justified them in paying. The question therefore is whether an action will li e for the payment of these expenses, in pursuance of the articles of association, to which the plaintiffs were not parties.I have come to the conclusion that no such action will lie – I must say somewhat reluctantly, because though I wish to â€Å"press no opinion on the merits of this particular case, having no materials for forming such Page 7 an opinion, it does seem just, in general, if a company takes the benefit of the work and expenditure by which its existence has been rendered possible, and voluntarily comes into existence on the terms that it shall be liable to pay for such work and expenditure, that a cause of action should be given. I can find, however, no legal principle upon which such an potion can be maintained. It appears to me that there is no contract between the plaintiffs and the defendants.The doctrine of ratification is inapplicable, for the reasons given in the judgments in Kelner v Baxter (6). † MELLOR, J, said (ibid at p 506): â€Å"The plain tiffs were not in any way parties to the articles of association, and there was not, therefore, any express contract to pay them. † BRETT, J, said (ibid at p 507): â€Å"There is no contract, in my judgment, of any sort upon which they can sue, and unless there be a contract of some sort between them and the company I do not see that they can have any cause of action. No contract made with them before the existence of the company can be ratified by the company for the reasons pointed out in the case of Kelner v Baxter (6) with which I fully agree. â€Å"In Eley v Positive Government Security Life Assurance Co (4) the articles of association contained a clause in which it was stated that the plaintiff, a solicitor, should be the solicitor to the company and transact its legal business. The article were registered and the company incorporated. The plaintiff was not appointed solicitor by any resolution of the directors, nor by any instrument bearing the seal of the company, th at he acted as such for a time. Subsequently the company ceased to employ him, and he brought an action for breach of contract against the company for not employing him as its solicitor. The first count of the declaration stated that it was agreed by and between the plaintiff and the defendants that the plaintiff should be employed by the defendants as, and appointed by them to the office of, solicitor of the company.During the argument it was contended that the contract declared for was not the contract purported to be contained in the articles. AMPHLETT, B, in his judgment, said (1 ExD at pp 26, 28): â€Å"The articles, taken by themselves, are simply a contract between the shareholders inter se, and cannot, in my opinion, give a right of action to a person like the plaintiff, not a pasty to the articles, although named therein. If authority were wanted for this proposition, the cases cited in the argument, Pritchard's Case (2) and Melhado v Porto Alegre Rail Co (3) are, in my op inion, quite conclusive on the subject. †¦ For these reasons, I think that there was no contract at all between the plaintiff and the company to the effect stated in the declaration. â€Å"CLEASBY, B, confined his judgment to the last points raised in the case and said (ibid at p 30): â€Å"I am of opinion that cl 118 of the articles cannot by itself be taken to operate as a contract between the solicitor and the company. † [1914-15] All ER Rep 900 at 906 KELLY, CB, said (ibid at pp 31, 32): â€Å"I forbear to pronounce any opinion as to whether these articles, with the fact of the subsequent employment, constitute a contract on the terms contained in them, because, were I to so hold, there would be a difficult question behind, whether it was not ultra vires for the directors to attempt to bind the company to employ a solicitor to transact, for all his life, all the legal business of the company.Passing by this, I come to consider the objection raised under s 4 of the Statute of Frauds. I do not see how anyone can doubt that this agreement was not to be performed within a year. It was for the life of the plaintiff, subject to a defeasance on the possibility of his being guilty of some misconduct. But, assuming, as I think we must, that this was not to be performed in a year, the question arises whether there is any memorandum or note in writing of it signed by the defendants. The signatures affixed to the articles were she intuitu and it can hardly be suggested that the directors had any idea that in signing the articles they were signing a note of this contract. † Page 8This case went to the Court of Appeal, and LORD CAIRNS, LC, said (1 ExD at pp 89, 90): â€Å"I wish to say, in the first place, that in my opinion a contract of the kind suggested to exist in this case ought not to receive any particular favour from the court. The statement is that Baylis was endeavouring to form a joint stock insurance company upon a new principle, and ap plied to the plaintiff to make advances to meet the expenses of getting up the company, and it was arranged between them that in the event of the company being formed the plaintiff should be appointed permanent solicitor to the company. That is to say, a bargain is made between a professional man and Baylis, which, so far as the case is concerned, does ot appear to have been communicated to those who were invited to join the company, that if the former will advance money for the formation of the company he shall be appointed permanent solicitor, and the company shall be obliged to employ him as their professional adviser. When the articles are prepared, they are so by the plaintiff, and in them he inserts a clause which no doubt informs those who signed the articles of the arrangement, but does not appear to have been brought to the notice of those who joined from receiving circulars. This, I repeat; is not a proceeding which the court would encourage in any way. I also wish to rese rve my judgment as to whether a clause of this kind is obnoxious to the principles by which the courts are governed in deciding on questions of public policy. †¦ This case was first rested on the 118th article.Articles of association, as is well known, follow the memorandum, which states the object of the company, while the articles state the arrangement between the members. They are an agreement inter socios, and in that view, if the introductory words are applied to art 118, it becomes a covenant between the parties to it that they will employ the plaintiff. Now, so far as that is concerned, it is res inter alios acts, the plaintiff is no party to it. No doubt he thought that by inserting it he was making his employment safe as against the company, but his relying on that view of the law does not alter the legal effect of the articles. This article is either a stipulation which would bind the members or else a mandate to the directors.In either case it is a matter between the directors and shareholders, and not between them and the plaintiff. † In Browne v La Trinidad (5) before the formation of the company an agreement was entered into between B. and a person as trustee for the intended company by which it was stipulated (inter alia) that B should be a director and should not be removable till after 1888. The sixth clause of the articles provided that the directors should adopt and carry into effect the agreement with or without modification, and that subject to such modification (if any) the provisions of the agreement [1914-15] All ER Rep 900 at 907 should be construed as part of the articles.The agreement was acted upon, but no contract adopting it was entered into between the plaintiff and the company. Held, that treating the agreement as embodied in the articles, still there was no contract between B and the company that he should not be removed from being a director, the articles being only a contract between the members inter as, and not b etween the company and B COTTON, LJ, towards the end of his judgment, said (37 Ch D at pp 13, 14): â€Å"Assuming that an unlimited power is given to the meeting by art 91, ought we, having regard to the contract entered into by the memorandum of Nov 24, 1884, and art 6, to interfere by injunction to restrain the company in general meeting from acting under that power?I do not give any opinion upon the question how far the court would have interfered by injunction in order specifically to enforce an agreement between the company and the plaintiff that he should be an irremovable director. That point raises questions upon which I should not like to give any opinion without having them fully discussed. In my opinion we ought not to interfere in the present case, because there is no such contract between the plaintiff and the company. The memorandum of agreement of Nov 24, 1884, is in no way a contract between the plaintiff and the company. It is said that it was adopted and incorpora ted into the articles, but I cannot accede to that. The company by its directors acted upon the agreement, but that does not make it binding on the company.Then is it incorporated into the articles in such a way as to entitle the plaintiff to say, ‘I have such a contract between me and the company as can be enforced by a court of law, and as I might enforce in equity by way of specific performance'? That point is clearly settled, I think, by Eley v Positive Government Security Life Assurance Co (4). There two of the members of the court of first instance held, and the other member did not express dissent, that the articles are merely a contract between the shareholders inter se, and that though a person in whose favour a stipulation is made in the articles may afterwards have shares allotted to him, he does not by that means become in the same position as if he had entered into a contract with the company. † LINDLEY, LJ, said: â€Å"Having regard to the construction put upon s 16 of the Companies Act of 1862 in the case of Eley v.Positive Government Security Life Assurance Co (4) and subsequent cases, it must be taken as settled that the contract upon which he relies is not a contract upon which he can maintain any action, either on the common law side or the equity side. There might have been some difficulty in arriving at that conclusion if it had not been for the authorities, because it happens that this gentleman has had shares allotted to him, and is therefore a member of the company. Having regard to the terms of s 16, there would be some force, or, at all events, some plausibility, in the argument that, being a Page 9 member, the contract which is referred to in the articles has become binding between the company and him.Of course, that argument is open to this difficulty, that there could be no contract between him and the company until the shares were allotted to him, and it would be remarkable that upon the shares being allotted to him a contract between him and the company, as to a matter not connected with the holding of shares, should arise. † In these four cases the article relied upon purported to give specific contractual rights to persons in some capacity other than that of shareholder, and in none of them were members seeking to enforce or protect rights given to them as members in common with the other corporators. The actual decisions amount to this, that an outsider to whom rights purport to be given by the articles in his capacity as such outsider, whether he subsequently becomes a member or not, [1914-15] All ER Rep 900 at 908 cannot sue on such articles treating them as contracts between himself and the company to enforce such rights.Such rights are not part of the general regulations of the company applicable alike to all shareholders and can only exist by virtue of some contract between such non-member and the company, and the subsequent allotment of shares to an outsider in whose favour such an article is inserted does not enable him to sue the company on such an article to enforce rights which are res inter alios acta and not part of the general rights of the corporators as such. The language of some of the judgments appears, however, to go further, as recognised, for instance, by SARGANT, J, in Re Famatina Development Corpn (7) ([1914] 2 Ch at p 279). The wording of s 14(1) of the Companies (Consolidation) Act, 1908, which is in the same terms as s 16 of the Act of 1862 [see now s 20(1) of Companies Act, 1948], is difficult to construe or understand. The company cannot in the ordinary course be bound otherwise than by statute or contract, and it is in this section that its obligation must be found, so far as the members are concerned.The section does not say with whom they are to be deemed to have covenanted, but the section cannot mean that the company is not to be bound when it says it is to be bound, as if, , nor can the section mean that the members are to be unde r no obligation to the company under the articles in which their rights and duties as corporators are to be found. Much of the difficulty is removed if the company be regarded, as the framers of the section may very well have so regarded it, as being treated in law as a party to its own articles. It seems clear from other authorities that a company is entitled as against its members to enforce and restrain breaches of its regulations: see, for example, MacDougall v Gardiner (8) Pender v Lushington (9) and Imperial Hydropathic Hotel Co, Blackpool v Hampson (10). In the last case BOWEN, LJ, said (23 Ch D at p 13): â€Å"The articles by s 16 are to bind the company and all the shareholders as much as if they had all put their seals to them. â€Å"It is also clear from many authorities that shareholders as against their company can enforce and restrain breaches of its regulations, and in many of these cases judicial expressions of opinion appear which, in my judgment, it is impossible to disregard. In Johnson v Lyttle's Iron Agency (11) in an action by a shareholder against the company, JAMES, LJ, said (5 Ch D at p 693): â€Å"The notice did not comply strictly with the provisions of the contract between the company and the shareholders which is contained in the regulation of Table A† In Bradford Banking Co, Ltd v Briggs & Co, Ltd (12) the articles gave the company a lien on its members' shares, and, in an action by the company to enforce such lien, LORD BLACKBURN said (12 App Cas at p 33): Page 10 The only one of the articles of association which I think it material to notice is the 103rd article, which is as follows: ‘The company shall have a first and permanent lien and charge, available at law and in equity, upon every share of every person who is the holder or one of several joint owners thereof for all debts due from him, either alone or jointly with any other person, whether a shareholder or not in the company. ‘ John Faint Easby, a coa l merchant, became a proprietor of a number of shares in the respondent company, and obtained certificates for them. This property in the shares was, by virtue of s 16 of the Companies Act, 1862, already quoted, I think, bound to the company as much as if he had (at the time he became holder of these shares) executed a covenant to the company in the same terms as art 103, but I do not think it was bound any further. † [1914-15] All ER Rep 900 at 909In Wood v Odessa Waterworks Co (13) which was an action by the plaintiff on behalf of himself and all other shareholders against the company, STIRLING, J, said (42 Ch D at p 642): â€Å"The articles of association constitute a contract not merely between the shareholders and the company, but between each individual shareholder and every other. † In Salmon v Quin and Axtens, Ltd (14) FARWELL, LJ, referring to this last statement, said ([1909] 1 Ch at p 318): â€Å"I think that that is accurate subject to this observation, tha t it may well be that the court would not enforce the covenant as between individual shareholders in most cases. † In Welton v Saffery (15) LORD HERSCHELL, who dissented on the main question from the rest of the House, made the following general observation ([1897] AC at p 315): â€Å"Section 16 of the Act of 1862 provides that the articles of association, when registered, shall bind the company and the members hereof to the same extent as if each member had signed his name and affixed his seal thereto, and there were in such articles contained a covenant on the part of himself, his heirs, executors, and administrators, to conform to all the regulations contained in such articles, subject to the provisions of this Act. The articles thus become in effect a contract under seal by each member of the company, and regulate his rights. They cannot, of course, diminish or affect any liability created by the express terms of the statute; but, as I have said, the statute does not purp ort to settle the rights of the members inter se; it leaves these to be determined by the articles (or the articles and memorandum together) which are the social contract regulating those rights. I think it was intended to permit perfect freedom in this respect.It is quite true that the articles constitute a contract between each member and the company, and that there is no contract in turns between the individual members of the company; but the articles do not any the less, in my opinion, regulate their rights inter se. Such rights can only be enforced by or against a member through the company, or through the liquidator representing the company; but I think that no member has, as between himself and another member, any right beyond that which the contract with the company gives. † In all these last-mentioned cases the respective articles sought to be enforced related to the rights and obligations of the members generally as such, and not to rights of the character dealt with in the four authorities first above referred to.It is difficult to reconcile these two classes of decisions and the judicial opinions therein expressed, but I think this much is clear – first, that no article can constitute a contract between the company and a third person; secondly, that no right merely purported to be given by an article to a person, whether a member or not, in a capacity other than that of a member, as, for instance, as solicitor, promoter, or director, can be enforced against the company; and, thirdly, articles regulating the rights and obligations of the members generally as such do create rights and obligations between them and the company respectively. Page 11 In Bisgood v Henderson's Transvaal Estates, Ltd (16) BUCKLEY, LJ, said ([1908] 1 Ch at p 759): â€Å"The purpose of the memorandum and articles is to define the position of the shareholder as shareholder, not to bind him in his capacity as individual. † By s 27 of the Arbitration Act, 188 9 [see now s 32 of Arbitration Act, 1950]: â€Å"‘Submission' means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. † [1914-15] All ER Rep 900 at 910The defendant's first contention is that art 49 is, on the authorities, a written agreement within the meaning of this section. In Re Lewis, Ex parte Munro (17) which was an action on the Attorneys and Solicitors Act, 1870, it was held that: â€Å"A document containing the terms of an agreement as to the amount of costs payable by a client to his solicitor, assented to by the client, but signed by the solicitor only, is not ‘an agreement in writing' within the Attorneys and Solicitors Act, 1870. † LORD COLERIDGE, CJ, said: â€Å"It is quite clear that there was no agreement in writing within s 4 of the Act. †¦ An ‘agreement in writing' within s 4 must be an agreement by both parties, and both parties must sign their names upo n the agreement. â€Å"In Caerleon Tinplate Co v Hughes (18) in an action for the price of goods sold, the bought note signed by the defendants contained a provision for arbitration in case of dispute, while the sold note signed by the plaintiff contained no such provision. It was held that there was no submission within the meaning of the Act, for an agreement to submit to arbitration must be in writing and signed by both parties. Re Lewis (17) was referred to, and DENMAN, J, referring to s 27 of the Arbitration Act, 1889, said (60 LJQB at p 641): â€Å"In my judgment, there can be no written agreement unless in writing signed by the parties as their agreement, and that ‘written agreement' means one in which the terms on both sides are reduced into writing.It is useless to discuss the doctrines here, for the bought and sold notes differ in the essential particular that the former contains a provision which is wholly absent in the latter. † WILLS, J, said (ibid): †Å"Supposing there were a contract and the parties were ad idem [which in fact they were not in this case] yet there was no submission under the Act unless there was an agreement in writing by both parties. Re Lewis, Ex parte Munro (17) is conclusive on this point. In the present case the agreement is to be in writing under s 27, and we must hold that both parties must sign their names to it; otherwise there might be a conflict of evidence, and a discussion as to what was understood by either party. â€Å"In Baker v Yorkshire Fire and Life Assurance Co (19) an action was brought on a fire policy which was executed in the usual way by the company, but not by the assured, and it was held that the policy, though not signed by the plaintiff, amounted to a submission to arbitration within the meaning of the Act LORD COLERIDGE, CJ, who had been a party to Re Lewis (17) said ([1892] 1 QB at pp 145, 146): Page 12 â€Å"The plaintiff sues on the policy, and by so suing affirms it to be his contract; he cannot disaffirm a part of the very contract on which he is suing. He contends that in order to bring into operation the arbitration clause contained in the policy, the policy must be signed by both parties; but the Act of Parliament says nothing of the kind, and the only apparent justification for the contention is to be found in Caerleon Tinplate Co v Hughes (18). That decision must be interpreted, however, with regard to the particular facts of that case.There was there no complete contract; the two documents constituting the contract differed materially in their terms, and the court said it was plain that the parties were never ad idem. † A L SMITH, LJ, said (ibid at pp 146, 147): â€Å"It is said, however, that by the interpretation clause a submission must be a written agreement to refer disputes to arbitration. This, however, is not a [1914-15] All ER Rep 900 at 911 higher interpretation than was necessarily put on the language of the old Act, under which it was the universal practice to refer these cases, and does not mean that in all cases the written agreement to refer must be signed by both parties. It is quite unnecessary to say more as to the decision in Caerleon Tinplate Co v Hughes (18) than that it turned entirely upon the peculiar facts of the case. â€Å"The result of these decisions is, I think, that if the submission is in writing and is binding on both parties as their agreement, or as the equivalent in law to an agreement between them, the statute is satisfied. In the present case the plaintiff's action is, in substance, to enforce rights as a member under the articles against the company. The 49th article is a general article applying to all the members as such, and, apart from technicalities, it would seem reasonable that the plaintiff ought not to be allowed, in the absence of any evidence filed by him, to proceed with an action to enforce his rights under the articles which in itself is a breach of his obligation contained therein to submit his disputes with the company to arbitration, and, if the case falls within the Act, I see no reason for exercising my discretion under s 4 in his favour.In my judgment, art 49, for the reasons above referred to, creates rights and obligations enforceable as between the plaintiff and the company respectively, and such rights and obligations are contained in a written document, but whether such document is a contract or agreement between the plaintiff and the defendants within s 27 of the Arbitration Act, 1889, depends upon whether the decision in Eley v Positive Government Security Life Assurance Co (4) and the other cases of a similar character above referred to ought to be regarded as only dealing with and applying to articles purporting, first, to contain an agreement with the company and a third person, or, secondly, to define the rights of a shareholder in some capacity other than that of a member of the company.To reconcile the decisions and express ions of judicial opinion above mentioned, some such view should, I think, be adopted, and general articles dealing with the rights of members â€Å"as such† treated as a statutory agreement between them and the company as well as between themselves inter se, and in my judgment, art 49 in the present case does constitute a submission to arbitration within the true meaning and intent of the Arbitration Act. Having regard, however, to the conclusion to which I have come on the second contention raised by the defendants, it is not necessary for me to base my decision upon this ground alone and upon the opinion I have so expressed.The defendants' second contention is that the contract contained in the plaintiff's application for membership, and the defendants' acceptance of it, amounts to a submission within the Act. On 8 November 1905, the plaintiff wrote to the company, through its secretary: â€Å"I wish to become a member of the Kent Sheep Breeders' Association. Will you kind ly take the necessary steps? † That was answered by a letter from the secretary, in which he said: â€Å"If you will fill in the inclosed form †¦ I shall have great pleasure in submitting it to the next council meeting. † Page 13 The form inclosed was signed by the plaintiff. It stated that the plaintiff wished to become a member of the association and agreed to pay an entrance fee, subscriptions, and fees for entry of sheep, and to conform to the rules and regulations of the association.At a meeting of the council of the association held on December 12 the plaintiff's offer was accepted and he was elected a member of the defendant company. Notice of such acceptance was given to the plaintiff in a letter of December 14 by the secretary, which informed him he was elected a member of the association at the council meeting held on the 12th. In consideration of being elected a member and of his offer to join the association being accepted, the plaintiff contracted in w riting with the association to conform to its rules and regulations. One of such regulations was a general submission to arbitration of all differences between the [1914-15] All ER Rep 900 at 912 ssociation and any of its members as such, amply wide enough to cover the matters in dispute in this action. The association at the date of the contract was already bound to each and all its corporators to act in conformity with such regulations, and was at the date of the writ in this action, and has been since, ready, and willing to so act It is submitted on behalf of the plaintiff that at the date of this contract he may have known nothing about art 49, and that as the council of the association have power under its articles to make further by-laws and regulations as to certain matters therein referred to, the plaintiff's offer may have referred to these.The plaintiff has, however, filed no evidence in support of this, and the articles not only constitute the rules and regulations of the company, but refer to the rules and regulations of the association as, contained in them, and I am unable to accept this contention. In my judgment, the contract so made between the plaintiff and the association is also a submission in writing within the true meaning and intent of the Arbitration Act, and I make an order to stay under s 4 and direct that the matters in dispute in this action be referred to arbitration accordingly. Solicitors: Walters & Co; Ernest Simmons & Co. Reported by GP LANGWORTHY, ESQ, Barrister-at-Law.

Haven Answers

Page 1, Questions 10-20: ———————— 1: A standard drink is: A 16-ounce beer B 12-ounce malt beverage C 6-ounce glass of wine ->D none of the above 2: As found in recent studies, people who think they are drinking alcohol (but are not) report: A feeling sad B feeling aggressive ->C finding other people more attractive D all of the above 3: Effects in judgment are caused by alcohol’s impact on which part of the brain: A nucleus accumbens ->B frontal lobes C hypothalamus D none of the above : How many standard drinks does it take before learning (the ability to take in new information) may be affected: ->A as few as one or two drinks B as few as two or three drinks C as few as three or four drinks D none of the above 5: Which of the following statements reflects what is generally found to be true on college campuses: A athletes tend to drink less than non-athletes B members of Greek-letter organizations tend to drink less than non-Greeks C underage students tend to drink less often than students of legal drinking age ->D none of the above : The possibility of alcohol having a long-term effect on the ability to learn and to make decisions is increased by: A drinking as teenagers B drinking as young adults C repeated heavy drinking ->D all of the above 7: Based on recent studies at American colleges, what percentage of students choose not to drink: A 5% B 10% C 15% ->D 20% 8: Which of the following factors increases the concentration of alcohol someone consumes from drinking one standard drink: A weighing more B eating certain foods ->C having less body water D none of the above : A blackout is: A passing out ->B not being able to form new memories about what happened when drinking C being able to remember what happened when prompted D none of the above 10: Which of the following is NOT true about hazing: A it is illegal in most states B it often involves alcohol ->C it is a good way to build unity among n ew members D a and c Page 2, Questions 10-20: ———————— 11: Alcohol’s negative effect on academic performance is because of: A interference with the ability to process new information B hangovers leading to missed classesC memory difficulty ->D all of the above 12: Someone would report experiencing energized or stimulated at the following blood alcohol concentration (even though in actuality their brain activity may be slowing down): ->A 0. 01-0. 05% B 0. 05-0. 10% C 0. 10-0. 15% D none of the above 13: Adolescent alcohol abusers have shown impairments in cognitive functions: A through the first 24 hours after their last drink B for at least 3 days after their last drink C for at least 1 week after their last drink ->D for at least 3 weeks after their last drink 4: Which of the following is a potential warning sign that someone is addicted to alcohol: A an increased tolerance to the effects of alcohol B experiencing black outs C drinking alone ->D all of the above 15: Women absorb alcohol faster than men because: A they tend to weigh less B they have less of a needed enzyme in their stomach C they have less body water ->D all of the above 16: If someone is showing signs of an alcohol overdose, you should: A have them take a cold shower ->B not leave them alone C get them something to eatD all of the above 17: Which of the following decreases the chances of an alcohol overdose: A eating before and during drinking B setting a personal limit of how many drinks will be consumed C alternating your drinks with non-alcoholic beverages ->D all of the above 18: High-risk drinking is defined as: A 4 or more drinks on an occasion for women B 5 or more drinking on an occasion for men C neither a or b ->D both a and b 19: Which part(s) of the brain, when impaired by alcohol, play an important role in learning: A nucleus accumbensB hypothalamus ->C hippocampus D all of the above 20: Which of the following is affec ted by alcohol consumption: A decision-making and judgment B motivation and attention C learning and memory ->D all of the above Page 2, Questions 20-30: ———————— 21: What percentage of alcohol consumed each year in the U. S. is consumed by people who are underage: A 10% B 15% ->C 20% D none of the above 22: Which of the following statements is NOT true: A men are more likely to be high-risk drinkers than women >B students from the Southeast are more likely to be high-risk drinkers than students from the Northeast C white men are more likely to be high-risk drinkers than black men D women are less likely to be high-risk drinkers than men 23: Alcohol can increase the chances of: A contracting a sexually-transmitted disease B having sex unwillingly or with an unwilling partner C damaging relationships ->D all of the above 24: What proportion of frequent high-risk drinkers report having driven after drinking: A 17% B 37% ->C 57% D none of the above 25: Which of the following is true:A the percentage of American college students who are frequent high-risk drinkers has increased over the years B the percentage of American college students who are non-drinkers has increased over the years ->C both a and b D neither a or b 26: When partying, someone can reduce their risk of experiencing negative consequences caused by alcohol by: A keeping track of how many drinks they have had B making sure someone who isn’t drinking controls the car keys C using cups or glasses that contain ordinary/standard sizes of drinks ->D all of the above 7: Alcohol-induced blackouts are the result of alcohol’s effect on which part of the brain: ->A hippocampus B frontal lobes C hypothalamus D all of the above 28: How quickly does the body eliminate, or get rid of, alcohol: ->A 0. 015% per hour B 0. 025% per hour C 0. 15% per hour D none of the above 29: It is illegal to drive if someone of legal drinking age has a blood al cohol concentration (BAC) of: A . 04% or above B . 06% or above ->C . 08% or above D 1. 0% or above 30: Which of the following is a sign of an alcohol overdose: A impairments in balance B difficulty breathingC unconsciousness ->D all of the above Page 3, Questions 30-40: ———————— 31: When alcohol is involved in a possible sexual assault: A the person who committed the sexual assault cannot be held fully accountable for their actions B the person who experienced the sexual assault must bear some responsibility for what happened ->C alcohol consumption does not change the nature of the crime D both a and b 32: In a national study, what proportion of students reported having their sleep or studying disrupted by someone who was consuming alcohol: A 1 out of 10B 1 out of 5 ->C 2 out of 3 D 4 out of 5 33: A key contributor to a headache as a symptom of a hangover is: A the increased stimulation related to alcohol’s effect on t he nucleus accumbens B the loss of balance related to alcohol’s effect on the cerebellum C dehydration related to alcohol’s effect on the hypothalamus ->D all of the above 34: In the past decade, the proportion of students who drink with the intention of getting drunk has: A decreased B remained the same ->C increased D is unknown 5: About what percentage of sexual assaults (including rapes) on college campuses involve the use of alcohol by either or all people involved: A 30% B 40% C 50% ->D 60% 36: Alcohol addiction is: A a physiological and psychological dependency on alcohol B another name for alcoholism C a disease ->D all of the above 37: Drugs such as GHB and Rohypnol when combined with alcohol can: A cause sedation and amnesia B cause unconsciousness or even death C increase one’s vulnerability to sexual assault ->D all of the above 8: In one study, researchers found that students were actually consuming more alcohol than they realized when they were dri nking wine or mixed drinks. How much more alcohol were students consuming than they realized when they had mixed drinks? A 22% B 42% C 72% ->D 92% 39: It is most accurate to say that growing up in a home where parents drank excessively: ->A affects attitudes toward alcohol but it is difficult to predict how B leads to abstinence C leads to alcohol abuse D has no effect on attitudes toward alcohol 40: Drinking games can make it difficult to drink safely because: A there is a competitive aspect involvedB it is hard to keep track of how much alcohol has been consumed C they disrupt plans to pace drinking ->D all of the above *Q1) Which of the following is NOT true: a) hazing is illegal in most states –>b) taking someone else's prescription drugs is safe since they are legal drugs c) mixing prescription drugs and alcohol is dangerous d) a and c *Q1. 1) Which of the following is NOT true: a) taking someone else's prescription drugs is safe since they are legal drugs b) hazing is n ot illegal in most states c) mixing prescription drugs and alcohol is dangerous –>d) a and bQ2) About what percentage of sexual assaults (including rapes) on college campuses involve the use of alcohol by perpetrator, victim, or both: a) 20% b) 30% c) 40% –>d) 50% Q3) In a national study, what proportion of students reported having their sleep or studying disrupted by someone who was consuming alcohol: a) 1 out of 5 b) 2 out of 5 –>c) 2 out of 3 d) none of the above Q4) To reduce the risk of an alcohol overdose, one should: a) keep track of how many drinks they have had b) be aware of their BAC level to reduce their risk c) know what and how much they are drinking ->d) all of the above *Q5) Which part(s) of the brain, when impaired by alcohol, play an important role in learning: –>a) frontal lobes b) nucleus accumbens c) hypothalamus d) all of the above *Q5. 1) Which part(s) of the brain, when impaired by alcohol, play an important role in learning: a) nu cleus accumbens b) hypothalamus –>c) hippocampus d) all of the above *Q5. 2) Which part(s) of the brain, when impaired by alcohol, play an important role in learning: a) hippocampus and hypothalamus –>b) frontal lobes and hippocampus c) hypothalamus and frontal lobes ) nucleus accumbens and hippocampus *Q6) A key contributor to a headache as a symptom of a hangover is: a) the increased stimulation related to alcohol's effect on the nucleus accumbens b) the inability to form new memories related to alcohol's effect on the frontal lobes c) the loss of balance related to alcohol's effect on the cerebellum –>d) none of the above *Q6. 1) A key contributor to a headache as a symptom of a hangover is: a) the increased stimulation related to alcohol's effect on the nucleus accumbens –>b) dehydration related to alcohol's effect on the hypothalamus c) the oss of balance related to alcohol's effect on the cerebellum d) all of the above Q7) Women absorb alcohol faste r than men because: a) they tend to weigh less b) they have more of an enzyme in their stomach c) they have more body water –>d) all of the above *Q8) Which of the following factors influences blood alcohol concentration (BAC): a) vomiting b) eating certain foods –>c) weight d) all of the above *Q8. 1) Which of the following factors influences blood alcohol concentration (BAC): a) height –>b) weight c) vomiting d) all of the aboveQ9) Sign(s) of an alcohol overdose include: a) skin being bright red and hot –>b) being in a semiconscious state c) breathing being abnormally fast d) a and b *Q10) What percentage of alcohol consumed each year in the U. S. is consumed by people who are underage: a) 10% –>b) 20% c) 30% d) none of the above *Q10. 1) What percentage of alcohol consumed each year in the U. S. is consumed by people who are underage: a) 10% b) 15% –>c) 20% d) none of the above *Q10. 2) What percentage of alcohol consumed each year in the U. S. s consumed by people who are underage: a) 5% b) 10% c) 15% –>d) none of the above *Q11) When partying, someone can reduce their risk by: a) knowing how much alcohol someone has put in their mixed drink b) never leaving the drink unattended c) alternating your drinks with non-alcoholic drinks –>d) all of the above *Q11. 1) When partying, tips for staying safe include: a) keeping track of how many drinks have been consumed b) never leaving the drink unattended c) avoid rapid increases in BAC levels –>d) all of the above Q12) Students on spring break: ) are not legally accountable for their actions out of their campus jurisdiction –>b) may drink more heavily or in a riskier way than usual because they are in a different setting surrounded by new people c) both a and b d) neither a or b Q13) Attitudes about drinking can be influenced by the home environment if: a) a parent is an alcoholic b) both parents abstain from drinking c) drinking alcohol was co mmon but in moderation –>d) all of the above Q14) Which of the following is NOT a characteristic that may predispose someone (or increase their susceptibility) to alcohol addiction: –>a) gender ) genetic makeup c) the age at which a person first uses alcohol d) brain chemistry Q15) High-risk drinking is defined differently for women (4 drinks in an occasion) than for men (5 drinks in an occasion) because: a) women have less of an enzyme in their stomach b) women absorb alcohol faster than men c) women tend to weigh less than men –>d) all of the above Q16) Effects in judgment are caused by alcohol's impact on which part of the brain: a) hypothalamus b) cerebellum –>c) frontal lobes d) none of the above Q17) Which of the following is a consequence of alcohol consumption: a) reduced inhibitions ) poor decision-making c) reduced ability to form new memories –>d) all of the above Q18) In order to help a person keep track of one's blood alcohol concentra tion (BAC), one should: a) know exactly what they are drinking b) should consider the size of the cup c) keep track of how much they have had to drink –>d) all of the above *Q19) A blackout: a) typically occurs at a BAC of 0. 05-0. 10% –>b) is when a person is unable to remember what they did while they were drinking c) is caused by an impairment of the frontal lobes d) all of the above *Q19. 1) A blackout: ) typically occurs at a BAC of 0. 10-0. 15% b) is when a person is unable to form new memories about what happened while they were drinking c) is caused by an impairment of the hippocampus –>d) all of the above *Q19. 2) A blackout is: a) passing out –>b) not being able to form new memories about what happened when drinking c) being able to remember wat happened when prompted d) none of the above Q20) Which of the following is a potential warning sign that someone is addicted to alcohol: a) drinking more than intended b) thinking about drinking througho ut the day c) lying about drinking ->d) all of the above Q21) The long-term damage to the ability to learn and remember can happen at what level of drinking: a) as few as two drinks a week –>b) as few as three drinks per day c) as few as six drinks per day d) none of the above *Q22) Which of the following is true about learning: a) it is not influenced by the individual student –>b) learning can be affected by other students' consumption of alcohol c) it typically takes five to six drinks to interfere with the ability to take in new information d) all of the above *Q22. 1) Which of the following is true about learning: ) it may take as few as one or two drinks of alcohol to interfere with the ability to take in new information b) it is strongly influenced by the individual learner c) learning can be affected by other students' consumption of alcohol –>d) all of the above Q23) How quickly does the body eliminate, or get rid of, alcohol: –>a) 0. 015% per ho ur b) 0. 025% per hour c) 0. 15% per hour d) none of the above Q24) Adolescent alcohol abusers have shown impairments in cognitive functions: a) through the first 24 hours after their last drink b) through the first 48 hours after their last drink ) for at least 5 days after their last drink –>d) for at least 3 weeks after their last drink Q25) In general, as alcohol consumption goes up: a) students' grades tend to come down b) students are more likely to miss class c) students are more likely to get behind in their school work –>d) all of the above *Q26) When combined with alcohol, GHB and Rohypnol can cause a) a temporary increase in one's sex drive, thereby making one more likely to want sex b) one to be more aggressive, thereby more likely to make sexual advances –>c) sedation and amnesia, making one vulnerable to sexual assault d) none of the above Q26. 1) GHB and Rohypnol, especially when combined with alcohol: a) decrease inhibitions, thereby making one m ore likely to want sex –>b) cause severe sedation, making one vulnerable to sexual assault c) make others appear more attractive, thereby making one more interested in sex d) none of the above Q27) What is the percentage of American college students who are frequent high-risk drinkers: –>a) 23% b) 33% c) 43% d) none of the above *Q28) A standard drink is: a) 12-ounce beer, 5-ounce glass of wine, or 2 ounces of liquor b) 16-ounce beer, 6-ounce glass of wine, or 1. ounces of liquor –>c) 12-ounce beer, 5-ounce glass of wine, or 1. 5 ounces of liquor d) 12-ounce beer, 5-ounce malt beverage, or 2 ounces of liquor *Q28. 1) A standard drink is: a) 16-ounce beer b) 12-ounce malt beverage c) 6-ounce glass of wine –>d) none of the above *Q28. 2) A standard drink is: a) 12-ounce beer b) 5-ounce glass of wine c) 1. 5 ounces of liquor –>d) all of the above *Q28. 3) A standard drink is: a) 12 oz. beer (5% alcohol), 12 oz. wine cooler (4% alcohol), 3 oz. liquor ( 40% alcohol) –>b) 12 oz. beer (5% alcohol), 5 oz. wine (12% alcohol), 1. oz. liquor (40% alcohol) c) 16 oz. beer (5% alcohol), 5 oz. wine (12% alcohol), 3 oz. liquor (40% alcohol) d) 12 oz. malt liquor (6% alcohol), 12 oz. wine (12% alcohol), 1. 5 oz. liquor (30% alcohol) e) 16 oz. beer (5% alcohol), 5 oz wine (10% alcohol), 1. 5 oz. liquor 40% alcohol) Q29) Based on recent studies at American colleges, what percentage of students choose not to drink: a) 15% –>b) 20% c) 25% d) None of the above Q30) Someone with a blood alcohol concentration (BAC) range of 0. 10-0. 15 would experience which of the following: a) slurred speech ) problems with motor coordination c) a lack of awareness of how impaired they are –>d) all of the above Q31) Which of the following is true about someone experiencing a potential alcohol overdose: a) the best thing to do is sleep it off b) they should eat something to absorb the alcohol –>c) they may still have alcohol in their syst em that is getting absorbed d) all of the above Q32) Which of the following statements is NOT true: a) white men are more likely to be high-risk drinkers than black men b) men are more likely to be high-risk drinkers than women ->c) students from the Southeast are more likely to be high-risk drinkers than students from the Northeast d) women are less likely to be high-risk drinkers than men *Q33) Although drinking has been common on college campuses for a long time: a) the percentage of non- drinkers has increased b) the proportion of students who drink with the intention of getting drunk has increased –>c) both a and b d) neither a or b *Q33. 1) Although drinking has been common on college campuses for many years: a) the percentage of non- drinkers has decreased ->b) the proportion of students who drink with the intention of getting drunk has increased c) both a and b d) neither a or b *Q34) Which of the following statement(s) reflect what is generally found to be true on co llege campuses: a) members of Greek-letter organizations tend to drink more than non-Greeks b) athletes tend to drink more than non-athletes c) underage students tend to drink less often than students of legal drinking age –>d) all of the above *Q34. 1) Which of the following statement(s) reflect what is generally found to be true on college campuses: a) athletes tend to drink less than non-athletes ->b) members of Greek-letter organizations tend to drink more than non-Greeks c) underage students tend to drink more often than students of legal drinking age d) b and c *Q34. 2) Which of the following statements reflects what is generally found to be true on college campuses: a) athletes tend to drink less than non-athletes b) members of Greek-letter organizations tend to drink less than non-Greeks –>c) underage students tend to drink less often than students of legal drinking age d) none of the above Q35) Alcohol can increase the chances of: a) having sex unwillingly or with an unwilling partner b) contracting a sexually-transmitted disease –>c) both a and b d) neither a or b *Q35. 1) Alcohol can increase the chances of: a) contracting a sexually-transmitted disease b) having sex unwillingly or with an unwilling partner c) damaging relationships –>d) all of the above Q36) Alcohol-induced blackouts are the result of alcohol's effect on which part of the brain: a) frontal lobes –>b) hippocampus c) hypothalamus d) cerebellumQ37) When alcohol is involved in a possible sexual assault: a) there are lighter penalties because alcohol was involved –>b) the nature of the crime does not change c) the higher the BAC level, the more able some one is to give consent d) both a and c *Q38) As found in recent studies, people who think they are drinking alcohol (but are not) report: a) feeling happier b) feeling sexier c) finding other people more attractive –>d) all of the above *Q38. 1) As found in recent studies, people who thin k they are drinking alcohol (but are not) report: a) feeling sad –>b) finding other people more attractive ) feeling aggressive d) all of the above Q39) It is illegal to drive if someone of legal drinking age has a blood alcohol concentration (BAC) of: a) . 05% or above b) . 06% or above c) . 07% or above –>d) . 08% or above *Q40) Which of the following is true about drinking and driving: a) as long as someone is under the legal limit it is safe to drive –>b) it is one of the leading causes of death among college campuses c) no matter who you are, it is legal to drive with a BAC of less than 0. 08 d) all of the above *Q40. 1) Which of the following is NOT true about drinking and driving: a) it s one of the leading causes of death among college students –>b) as long as someone is under the legal limit it is safe to drive c) if under 21, it is illegal to drive with any measurable amount of alcohol in one's blood system d) b and c Q41) Based on recent studie s at American colleges, what percentage of students consume alcohol at least once during a typical month: a) 50-60% b) 60-70% –>c) 70-80% d) 80-90% Q42) Research shows that the brain: a) has essentially finished developing prior to puberty b) has essentially finished developing by the 18 years of age –>c) continues to develop into young adulthood ) none of the above Q43) In all states, for someone who is under 21, it is illegal to drive if their blood alcohol concentration (BAC) is: –>a) greater than 0 b) 0. 04% or above c) 0. 06% or above d) 0. 08% or above Q44) High-risk drinking is defined as: a) 5 or more drinks on an occasion for women b) 6 or more drinks on an occasion for men –>c) neither a or b d) both a and b Q45) The initial effect of pleasant comfortable feelings is caused by alcohol's impact on which part of the brain: –>a) nucleus accumbens b) frontal lobes c) hypothalamus d) none of the aboveQ46) About what percentage of rapes on coll ege campuses involve the use of alcohol by either or all people involved: a) 30% b) 60% –>c) 90% d) none of the above Q47) Alcohol addiction is: a) a physiological and psychological dependency on alcohol b) another name for alcoholism c) a disease –>d) all of the above *Q48) It is most accurate to say that growing up in a home where alcohol use was strictly forbidden: a) leads to abstinence b) leads to alcohol abuse c) has no effect on attitudes toward alcohol –>d) affects attitudes toward alcohol but it is difficult to predict how *Q48. ) It is most accurate to say that growing up in a home where parents drank excessively: –>a) affects attitudes toward alcohol but it is difficult to predict how b) leads to abstinence c) leads to alcohol abuse d) has no effect on attitudes toward alcohol Q49) Alcohol's negative effect on academic performance is because of: a) interference with the ability to process new information b) hangovers leading to missed classes c ) memory difficulty –>d) all of the above Q50) What is the primary way that the body eliminates, or gets rid of, alcohol: a) stomach –>b) through the liver c) both a and b ) neither a or b Q51) Light beer†¦ –>a) Has less calories than regular beer. b) Has less alcohol than regular beer. c) Has less carbs than regular beer. d) Has less calories and carbs than regular beer. e) Has less calories, carbs, and alcohol than regular beer. Q52) â€Å"Proof† is.. a) The percentage of alcohol in a drink (twice the alcohol content). b) ID showing that you're 21. –>c) The content of alcohol in a drink (twice the percent). d) How much of a certain type of alcohol you can drink until you BAC is too high. e) The year the alcohol was bottled. Q53) The following factors can influence you BAC: ->a) Sex, weight, how much food you've eaten before drinking b) Sex, weight, family history c) Sex, family history type of alcohol you're drinking d) Weight, family histor y, how much food you've eaten before drinking e) Weight, family history, type of alcohol you're drinking Q54) â€Å"BAC† stands for: a) The breath test that police give a driver if they suspect him/her of driving under the influence –>b) Blood Alcohol Concentration c) Blood Absolute Content d) Breathe Alcohol Concentration e) Blood Absolute Concentration Q55) You can keep your BAC from getting too high by: a) Eating greasy foods. b) Vomiting c) Taking a shower ) Getting some fresh air –>e) Pacing your drinks Q56) If alcohol has an effect on the frontal lobes, you might see a difference in which of the following list of functions? a) Impulse control, walking, planning, and memory formation. b) Impulse control, decision-making, speaking clearly, and memory formation. c) Impulse control, walking, speaking clearly, and planning. d) Walking, decision-making, planning, and memory formation. –>e) Impulse control, decision-making, planning, and memory formation. Q57) Not being able to remember what happened at a party could be due to alcohol's impact on the: a) premotor cortex b) temporal lobes ) cerebral cortex d) frontal lobes –>e) hippocampus Q58) Some of the possible effects of hangovers are: a) nausea, fatigue, and forgetting what happened the night before. b) headache, hunger, and sensitivity to light. –>c) nausea, fatigue, and sensitivity to light. d) nausea, hunger, and fatigue. e) dehydration, fatigue, and forgetting what happened the night before. Q59) The more alcohol you drink, the more fluid you lose – and the more fluid you lose, the worse your hangover headache. –>a) True b) False Q60) Which of the following influences the likelihood that a student will drink heavily while in college: a) sex ) race/ethnicity c) geographic location of the school –>d) all of the above Q61) If someone is showing signs of an alcohol overdose, you should: –>a) not leave them alone b) get them something to eat c) have them take a cold shower d) all of the above Q62) If a man and a woman who weigh the same consume the same amount of alcohol: a) the man's BAC will be higher in part because men have more body water –>b) the women's BAC will be higher in part because men have more body water c) the man's BAC will be higher in part because men have less body water d) their BAC levels would be the same Q63) In one study, researchers found that students were actually consuming more alcohol than they realized when they were drinking wine or mixed drinks. How much more alcohol were students consuming than they realized when they had wine? a) 13% b) 23% –>c) 53% d) 73% *Q63. 1) In one study, researchers found that students were actually consuming more alcohol than they realized when they were drinking wine or mixed drinks. How much more alcohol were students consuming than they realized when they had mixed drinks? a) 22% b) 42% c) 72% –>d) 92%Q64) In a recent study, approxi mately what percentage of college students at a major university reported having experienced a blackout: a) 15% b) 25% –>c) 45% d) 55% Q65) Which of the following is affected by alcohol consumption: a) learning and memory b) decision-making and judgment c) motivation and attention –>d) all of the above Q66) Which of the following is NOT true about sexual assault: a) the higher the BAC level, the less able someone is to give consent b) the person who experienced the sexual assault, if drinking, is partially responsible for what happened c) not saying â€Å"no† is equivalent to giving consent ->d) both b and c Q67) Which of the following should increase your concern that someone has a possible addiction to alcohol: a) they participate less in activities they used to enjoy b) they become more isolated c) they seem to be more insensitive to the effects of their drinking on others –>d) all of the above Q68) Alcohol contributes to which of the following: a) vio lence b) riots c) hazing –>d) all of the above Q69) In a national study, what proportion of students reported being pushed, hit, or assaulted by someone who was consuming alcohol: a) 1 out of 20 ->b) 1 out of 10 c) 1 out of 5 d) none of the above Q70) Which of the following decreases the chances of an alcohol overdose: a) alternating your drinks with non-alcoholic beverages b) setting a personal limit of how many drinks will be consumed c) eating before and during drinking –>d) all of the above Q71) Memory, judgment, and decision-making are first impaired at which of the following blood alcohol concentration (BAC) levels: a) 0. 01-0. 05% –>b) 0. 05-0. 10% c) 0. 10-0. 15% d) none of the above Q72) Which of the following is NOT true about hazing: ) it is illegal in most states b) it often involves alcohol –>c) it is a good way to build unity among new members d) a and c Q73) Drinking games can make it difficult to drink safely because: a) there is a competi tive aspect involved b) it is hard to keep track of how much alcohol has been consumed c) they disrupt plans to pace drinking –>d) all of the above Q74) Which of the following is a sign of an alcohol overdose: a) impairments in balance b) difficulty breathing c) unconsciousness –>d) all of the aboveQ75) How many standard drinks does it take before learning (the ability to take in new information) may be affected: –>a) as few as one or two drinks b) as few as two or three drinks c) as few as three or four drinks d) none of the above Q76) The possibility of alcohol having a long-term effect on the ability to learn and to make decisions is increased by: a) drinking as teenagers b) drinking as young adults c) repeated heavy drinking –>d) all of the above Q77) In the past decade, the proportion of students who drink with the intention of getting drunk has: a) decreased ) remained the same –>c) increased d) is unknown Q78) Which of the following factors increases the concentration of alcohol someone consumes from drinking one standard drink: a) weighing more b) eating certain foods –>c) having less body water d) none of the above Q79) What proportion of frequent high-risk drinkers report having driven after drinking: a) 17% b) 37% –>c) 57% d) none of the above Q80) Drugs such as GHB and Rohypnol when combined with alcohol can: a) cause sedation and amnesia b) cause unconsciousness or even death c) increase one’s vulnerability to sexual assault ->d) all of the above Q81) Someone would report experiencing energized or stimulated at the following blood alcohol concentration (even though in actuality their brain activity may be slowing down): –>a) 0. 01-0. 05% b) 0. 05-0. 10% c) 0. 10-0. 15% d) none of the above Q82) Which of the following is true: a) the percentage of American college students who are frequent high-risk drinkers has increased over the years b) the percentage of American college students who are non-drinkers has increased over the years –>c) both a and b d) neither a or b

Truth and Represenation Essay Example | Topics and Well Written Essays - 1000 words - 1

Truth and Represenation - Essay Example The issue has drawn attention from all over the world due to massive and innocent abduction of students and teachers. The issue of Boko Haram rose over religious differences between the northeastern where majority of citizens are Islamic and the Christian south. Since 2012 over 100 students reported dead as the Boko Haram gunmen burst into dormitories and set their residents with fire while the students were asleep. In addition over 400 students especially girls are missing their main agenda is to introduce Islamic sharia law and culture in the entire nation of Nigeria2. The kidnappers are forcing the abducted girls to cook for them and collect water. According to the residents of Chibok village, when more than 300 girls abducted last month the kidnapping being facilitated by Boko Haram leader, Abubakar Shekau who claims to have been abducting the girls and selling them in Chad and Cameroon border as slaves, while other are given out as brides for $ 12 dollars each3. Collection of the People of Cultural traditions for Proselytism and Jihad is now a concern of the entire continent and the whole world’s is clear from the reports being revealed by the media that the military forces are being involved in the kidnapping and the abduction4. Therefore, the only approach to solving the inhuman situation is through engagement of international bodies and non-governmental charitable groups 3 According to Langton Marcia, 1951 the critique of political and anti-religious conflicts needs a critical theory in an attempt to find a truth image without interfering with the cultures of society 4. The problems on abduction of Nigerian students has spread over too many people through the social media where the public is aware of the situation and offer their own opinions on how to help rescue the disappeared girls as well as finding solutions to help curb the inhumane act of the Boko Haram and their followers. Mitchell Obama the

Evidence for (or against) water on Mars Research Paper

Evidence for (or against) water on Mars - Research Paper Example Scientists pondered the possibility of life on the red planet, while artists and dreamers such as H.G. Wells took the notion even further, imagining a Martian conquest of Earth in his 1898 book "War of the Worlds."† (Doydey and Lamb). Some astronomers argue that water exists on mars planet in the form of water ice. Many scientists claim that Mars contains water because it supports life of all forms. The Mars volcanic activities that lead to freezing and melting of ice can be another example of underground water existence. Polar ice caps can exemplify water existence on Mars because of carbon dioxide ice. Therefore, volcanic activities, the existence of polar ice caps and presence of chemical compounds on the Martian surface rocks confirm water in the Mars planet. Notwithstanding that there were hundreds of investigation held, the issue is still controversial and needs further research. However, this research can be implemented only with the help of further technological achieve ments. The planet Mars consists of water in the form of ice. Mars planet has two polar ice caps, which are constant. The Martian pole in winter is in constant darkness and the surface is chilled. This contributes to approximately 30 percent of the atmosphere, which is in the form of carbon dioxide ice (dry ice).... Dowdey and Lamb agree with his â€Å"Mars is replete with water, but most (if not all) of it is in frozen or vapor form. For instance, ice caps the planet's poles, and patches of ice lie over dunes in craters† (Dowdey and Lamb).The Martian surface rocks occur in high latitude areas, which are known as permafrost, which is in a freezing state below the 0 °C. Most permafrost areas are located in high latitudes, and ice is not always present, but they occur due to hydraulic saturation of the bedrock materials. Water vapor is always presented in the atmosphere but the permafrost is lacking of liquid water. The present condition of the surface of many planets does no longer support the existence of water in liquid form for a longer period. This is because the atmospheric temperature is too low. In this case immediate freezing and sublimation processes occur. The research study indicates that the liquid water exists in liquid water flow on the earth’s surfaces thus creating larger surface areas for oceans or seas. There are varied proofs about the presence of water in Mars. With increased technology, the scientists are now able to use advanced cameras of Mars orbiters including the mars odyssey, global mass surveyor and reconnaissance orbiters for visual confirmation of the presence of water in the mars planet. With the help of different technical tools modern scientists are very much focused on possible effective ways of water finding on Mars. Quality of water is another important issue for their concern. Further on we will focus on different theories and hypotheses about water existence on Mars planet. NASA's  charge  to  researchers  on  the  mission  has  been  simple:  Ã¢â‚¬Å"Follow the water," meaning examine all aspects of water-or ice on Mars. No water

Should college athletes be paid to play Research Paper

Should college athletes be paid to play - Research Paper Example Yet again, not all students are interested in playing sports as a side activity. Consequently, apart from their initially decided terms of a sports scholarship, they often get little part in the revenue these sports generate for their school. Critics and coaches are, therefore, now arguing in favor of these players saying that they deserve a share of the revenue, as they for the most part contribute towards generating. The debate is a highly heated one with each side feeling just as strongly of their opinion. The number of college athletes in a particular college can be very significant and all these athletes have a choice of which sport they want to take part at the college level. Some sports may have a high popularity level while others low. Deciding upon paying athletes for playing may compel the college to pay all the athletes for all the different kinds of sports in the college. This may result in heavy payments at the end of the day and it may also reduce the profits earned by the colleges at a massive level. Those who argue in favor of paying athletes generally say that colleges make millions of dollars off these athletes abilities and, therefore, for them to get no money from it is unfair, and, in a sense, exploitation to them (Haden 673). Without these players there would be no generated money, and without this money, many colleges would be unable to function. Colleges gain popularity at the sports arena due to the talented athletes that represent the college in the sports. Earning by the talent of the athletes and not paying those athletes sounds an unfair practice. Accordingly, it seems fair to pay to these players, just as any national sports association would pay its players. But, of course, the counter-argument to this claim is that students should be kept away from the business side of a college, regardless of the link between both elements (Parent 226). College level is the stage where the students explore their talents and

Discuss the extent to which the concept of duty of care in negligence Essay

Discuss the extent to which the concept of duty of care in negligence has developed in a manner so that both the claimant and de - Essay Example This means that tort is about a duty of care which one owed to another but failed to discharge accordingly. This is widely described in most books as negligence. This paper would examine the concept of negligence and how it affects the development of the concept of duty of care in order to ensure the fair treatment of both claimant and defendant in court cases. Concept of Neighbour In the landmark case of Donoghue V Stevenson3, the neighbourhood principle was developed. In the case, Mrs.Donoghue bought a bottle of ginger beer which was manufactured by Mr. Stevenson. After drinking it, she found that there was a snail in the bottle. Mrs. Donoghue fell ill and she sued Mr. Stevenson. The House of Lords sat on the case and held that Mr. Stevenson, being the manufacturer of the drink owed Mrs. Donoghue a duty of care. This is because it was reasonably foreseeable that failure to ensure product safety would cause another person to suffer and go through undue hardship. On the basis of this case, the concept of neighbourhood was established. Lord Atkins stated that in every action and inaction, a person must examine its implications and potentials of harming another individual who might be affected by them. Based on this, the concept of who a person's neighbour is was defined and established in law. Through the Donoghue V Stevenson case, it is established that a person owes another person a duty of care, once the neighbourhood relationship exists. This sets the parameters for the examination of tort cases. Duty of Care The neighbourhood test in the 1932 case of Donoghue V Stevenson has been modified to the basis of proximity. Proximity establishes that there was a close and sufficient relationship that made a person suffer some kind of injury from the action of another who was close enough to wield a duty of care to avoid that injury. In Caparo V Dickman4, a three fold test was developed to ascertain whether it is fair and just to impose a duty of care on a person for a given action in tort. These are: 1. The harm of the action in question must be reasonably foreseeable as in the case of Donoghue V Stevenson 2. The parties involved in the case must have a close relationship of proximity. 3. The duty of care imposed upon them must be fair, just and reasonable. Breach of Duty Once the three elements of a case are established, the court would need to establish that the duty of care was breached. And this breach is tantamount to negligence. Negligence is the failure to take reasonable care where a duty of care exists in a relationship5. Thus, the breach of a duty of care or negligence gives rise to a tortious liability and it leads to a given legal case. The breach of duty is failure to show a degree of care that a reasonable person ought to show in the same circumstances6. In other words, the breach of a duty of care creates an objective test which allows the court to measure the extent of a given act in tort. This is because, a reasonable person m ust show a certain level of basic consent for his actions. Without that, the real parameters of a case of tort cannot be defined. Thus, the test for reasonableness is important and fundamental in establishing the extent of negligence and the extent of failure. In Phillips V William Whiteley7 a woman suffered an infection as a result of her ear being pierced by a jeweller. The woman argued

Customer Service Standard Setting Essay Example | Topics and Well Written Essays - 1250 words

Customer Service Standard Setting - Essay Example There have been many issues regarding the pipelines and other accessories that are used to transfer water throughout the city. The problem concerned is that the customer service centers have not been adequate enough to effectively fulfill the requirements of the general public. For this reason I am just not targeting any company instead I will target upon the entire water industry and propose a method that would enable them to make up better decisions using CBA(Cost Benefit Analysis) and the customer preference theory. An important and decisive factor that defines the end of a pipeline's functional life is the customer service standards that are in place. If customers are reluctant to accept any disturbances in water supply then the functional life of the pipeline is much shorter than that for a pipeline whose customers are ready to accept interruptions coupled with failures and the following repair of these failures. This methodology was based upon the procedure of Choice Modeling. Even as still a non-market technique, this technique is considered the state of the art in this area, and is a noteworthy improvement on approaches such as dependent valuation that are subject to context effects that is misrepresentation due to the way in which the questions are asked. Through the use of choice modeling and by questioning a statistically convincing number of customers and dealing with different subsets of this number with delicately varied choices, it is feasible to quantify customers' willingness to pay for various attributes. By classifying attributes valued by customers and their readiness to pay for them, the benefits side of the equation is complete. On the other side of this equation, of course, are costs. Also there is a need to develop an understanding of the social costs associated with water service provision. These comprise the cost of traffic disruption due to pipeline, repairs, failures or replacement (like road blocks occur when such construction or renovation takes place), and the loss to business just because of water service disturbances. These costs can be considerable depending on the conditions and should not be overlooked. Amusingly, these social costs amount high at both very rigid standards and very liberal ones, as social costs are accounted when pipes are often replaced to achieve the higher standard. In this methodology we need to consequently examine through various survey questions and focus groups about the attributes of disturbances of which the customers are most concerned. The questionnaire may include the SSI questions, and various other questions highlighting the attributes of water service. The detail of the results can be reported in the technical report. For the purposes of this report, the following can be stated as the method would show how the respondents coped up with the interruptions; the involved person generally could cope with short disturbances, and the components of such nuisances that are deemed to be important are: Time length of the interruption; Whether they are notified of the interruptions; What day the interruptions happened at what time and Finally, the number of interruptions per year This methodology should undergo identification of the interrupti