The requirement of good faith for becoming a holder in due course Research Paper

The requirement of good faith for becoming a holder in due course - Research Paper Example Problems could arise in a situation whereby the holder seeking payment out of a negotiable instrument comes to learn that a certain defense to the payment exists. The same could happen when the holder learns that another party has a previous claim to the same instrument (PSTCC.edu). In this regard, the person seeking the payment is required to have legal rights of being a holder in due course. A holder in due course takes negotiable instruments free of any prevailing claims as well as most of other parties’ defenses. Usually, real defenses defeat payments to all holders with holders in due course inclusive. Besides, personal defenses have the capability of asserting against ordinary holders very successfully (PSTCC.edu). The HDC doctrine was implemented by the Article of the Uniform Commercial Code (Maggs 1). The Article also governs some negotiable instruments like promissory notes and checks. The doctrine asserts that, â€Å"a party who acquires a negotiable instrument in good faith, for value, and without notice of certain facts, and who also meets some additional requirements, takes the instrument free of competing claims of ownership and most defenses to payment† (Maggs 1). In this regard, the HDC doctrine may therefore relieve a party that is acquiring a note or check from such worries that someone else could own the instrument or the instrument maker would have certain legal grounds that could be used for the refusal to pay it. The doctrine of good faith is one of the various requirements for one to become a holder in good faith. In this regard, the holder is required to take the instrument, in question, â€Å"in good faith.† Good faith here is used to imply to â€Å"honesty in fact and the observance of reasonable commercial standards of fair dealing† (Maggs). An holder taking part in fraudulent schemes can be considered to be lacking good faith under such

Quantitative research appraisal Essay Example | Topics and Well Written Essays - 1000 words

Quantitative research appraisal - Essay Example Determinations of the effectiveness of pain management, effectiveness of nurse-led diabetic clinic, effectiveness of appropriate or specific dressing methods in management of venous ulcer, effectiveness of specialist nurse practitioner in the accident and emergency as a primary care giver are just few of the numerous examples to assess evidence and change practice based on evidence (Sousa et al., 2007, 502-507). Observational and Interventional Research Designs: The investigator conducting observational research observes both the independent and the dependent variables, when there is insufficient knowledge about a phenomenon, or for ethical reasons or otherwise, an observational design is most suitable. In experimental research, researchers actively intervene and create the independent variable, which means that people in the sample will be exposed to different treatments or conditions (Driessnack, et al., 2007, 684-688). Experimental and quasi-experimental designs: Experimental designs provide strong evidence about the hypothesis and provide a causal relationship between independent and dependent variables. ... However, quasi-experimental designs lack randomization to treatment groups, which characterizes true experiments. Quasi-experiments, thus, are not as powerful as experiments in establishing causal connections between interventions and outcomes (Coughlan et al, 2007, 658-663). Differences between Inferential and Descriptive Statistics: Statistics are either descriptive or inferential. Descriptive statistics are used to describe and synthesize data. Averages and percentages are examples of descriptive statistics. Actually, when such indices are calculated on data from a population, they are called parameters. Inferential statistics on the other hand is used to draw some inferences out of the numerical data (Zellner et al., 2007, 55-59). The title of the research article chosen by the author to base this assignment is "Randomised controlled trial to compare surgical stabilisation of the lumbar spine with an intensive rehabilitation programme for patients with chronic low back pain: the MRC spine stabilisation trial" by Fairbank and coworkers published in the British Medical Journal (Fairbank et al., 2005, 1233). Purpose: The purpose of this particular study is to assess the clinical effectiveness of surgical stabilization in the form of spinal fusion compared with that with intensive stabilization for patients with chronic low back pain. The design obviously was a multicentric randomized controlled trial (Cook et al., 2008, 128-133). Randomization or random assignment involves placing subjects in groups at random. Random essentially means that every subject has an equal chance of being assigned to any group to avoid systematic bias in the groups that could affect the dependent variable. Randomization remains the most trustworthy and acceptable method of

Minimum Wage Essay Example | Topics and Well Written Essays - 1000 words

Minimum Wage - Essay Example Critics are of the view that minimum wage forces employers to appoint only skilled workers and therefore employees with lesser skills may struggle to get employment. This paper argues in favour of minimum wage after analysing both the sides of the issue. â€Å"The vast majority of economists believe the minimum wage law costs the economy thousands of jobs†(Messerli). In their opinion, enforcement of minimum wage will decrease the demand for workers. They explain their argument based on the supply and demand theory of economics. When salary goes up, supply of workers will also goes up and thereby the demand for the workers will geos down. In other words, when supply increases, demand decreases. The above theory might be true in theoretical terms, but in practical terms, it may not be so. It should be noted that majorities of the western countries are outsourcing their jobs to India like Asian countries at present because of the labour shortage. It should be noted that in countr ies like America and Britain, an ordinary worker is getting salaries, three to four times more than that an Indian worker is getting in his country. In other words, even though the wages are high, supply of labour force is not increasing in countries like America and Britain. On the other hand, in India like countries even though the wages are low, excess of supply of labour is in place. ... Part-time work and full time work should be separated from each other. Minimum wage for part time work need not be the same as that of the full time. Authorities can prescribe separate norms of minimum wage with respect to part time and full time work. Moreover, separate minimum wage norms can be enforced with respect to the qualification and experience of the employees. â€Å"Abolishing the minimum wage will allow businesses to achieve greater efficiency and lower prices. Anytime you give businesses more flexibility, you will increase efficiency and lower prices† (Messerli). It is an accepted fact that only a satisfied worker will try to deliver more than 100% of his efficiency. In other words, workers who struggle to get a decent salary may not be fully committed to the organization. It is better for an organization to have more committed workers to increase its efficiency and productivity rather than having a huge workforce of unskilled or cheaper labours. Salary is the maj or motivating factor for the employees and therefore minimum wage will definitely motivate the workers more and thereby the organization will be benefitted. â€Å"Adults who currently work for minimum wage are likely to lose jobs to teenagers who will work for much less. Many adults trying to make a living are forced to work minimum wage jobs† (Messerli). Employers may exploit the workers in the absence of a minimum wage law. They will try to terminate experienced workers even without any reasons, for appointing fresh workers in order to reduce their employee wage expenditure. Thus, even experienced employees will be forced to work under tremendous pressure if minimum wage law is not implemented. In the absence of minimum law, business will take undue advantages in the form of

Case study(memo detailing) Study Example | Topics and Well Written Essays - 500 words

(memo detailing) - Case Study Example It already has an approval from the legislature but the company is torn on what creative strategy to use to implement the solution. Putting up a nuclear reactor is controversial since it will require increasing the present charges which the customers are already complaining and that there are sectors which are against nuclear plants. As it is however, energy cost will remain high and will continue to increase since power has to be imported from California and other states. Building a reactor will bring down the cost and will make Arizona self-sufficient in energy making supply more stable thus contributing to a lowered cost. Before this proposal becomes a reality, there must be a market acceptance first about the building of a nuclear reactor. This is necessary because the present market base will be paying part of the cost of the reactor since they will be the one who will benefit from it. In addition, it will also be necessary to communicate that the nuclear reactor is safe to allay fears about its presence. In order mitigate market resistance on the proposal of building a nuclear reactor and to facilitate market acceptance of the necessary cost associated in building it, the company must launch an information campaign about the benefits of putting up the reactor. The message must address the consumer base concerns which are cost and safety. To help consumers accept the necessary price hike and to understand why it is necessary, the computation of the energy cost that will be saved once the nuclear reactor is operational must be communicated. This will enable consumers to understand that they will save money on the long run once the reactor is built and that the price increase is temporary and necessary. The safety features of the reactor must also be included in the campaign to avoid protests in the construction of the nuclear reactor. The information campaign must use multimedia to reach the various sectors of society in Phoenix, Arizona.

Attica Correctional Facility Research Paper Example | Topics and Well Written Essays - 750 words

Attica Correctional Facility - Research Paper Example The Attica Correctional Facility maintains a large industrial operation producing a variety of textile items and metal products. There is also a large program of vocational and academic education. In addition, it maintains extensive programs in family service, mental health and youth assistance. Authors of the Prison Monitoring Report: Attica also stated that they were left with both positive and negative impressions about the facility. While some programs provide beneficial and productive opportunities for inmates to gain skills and confront difficult challenges, they were struck by a widespread sense of fear and intimidation among the inmates. Reports of staff physically abusing inmates and retaliation by officers against inmates who file complains about staff were extensive. Although inmates had positive impressions about Superintendent James Conway and his administration, they reported that he was unable to halt the pervasive violence and abuse by the officers. The four-day riot at the Attica Correctional Facility was reported by History.com as the bloodiest prison insurrection in US History. It was reported that on September 9, 1971 a group of inmates at the facility assaulted a prison guard and began rioting. They took prison employees hostage and gained control of portions of the facility. After which, negotiations between inmates and prison officials followed. The inmates demanded better living conditions at the overcrowded prison. However, an article on the American Express website reported some events essential to validating the purpose of the riot. It reported that inmates who were predominantly African American and Puerto Ricans were incensed at the deteriorating living conditions-among them, the fact that they were only allowed to shower once per week and were allowed one roll of toilet paper per month. Overcrowding had also

A topic on software testing Thesis Proposal Example | Topics and Well Written Essays - 3250 words

A topic on software testing - Thesis Proposal Example Modern systems and products are largely based on ‘embedded systems’ to facilitate control, action and enhanced functionality. In fact, embedded systems used in these scenarios comprise both hardware and software components that work in a highly customized framework to achieve a specific workflow or operation. Although embedded systems are sophisticated computers, they seldom share or provide a similar interface like PCs and are capable of providing a highly dedicated and distinct functionality based on their structure and configuration.A typical application of embedded systems is in precision-driven measurement and control systems, wherein a particular process or parameter such as temperature is constantly monitored and measured through sensors, converted and delivered as a stream of digital signals and processed to modulate the regulation of the underlying process (heat controlled according to predefined constraints). Embedded systems are also in vehicles to measure car bon emissions through a sensory arrangement and processed through a feedback controller network to store and monitor the condition of the engine (Rajski and Tyszer). Over the past few decades, embedded systems have become integral parts of every notable electronic system including safety-critical components. For instance, embedded systems are used to control sensitive and critical functions such as aircraft navigation and ensure failsafe availability of financial networks.

Design project Essay Example for Free

Design project Essay For this project and the particular way in which I chose to construct this clock I was extremely lucky to be benefited with the knowledge of how to use the timber cutting and sanding equipment. However the skill of decoupage was one I still had to achieve. I was lucky enough to have Miss Brett provide some scrap pieces of timber left over from previous work done by design and technology students. I researched my theme, which was a retro style. I wanted something different to everybody elses, as this was my project. I soon found clock ideas on the Internet and used them as my inspiration. Finding these was a great help. They helped me create an innovative design. Deriving from the French verb decoupage, meaning to cut out. Decoupage is a way of decorating almost any object or surface with cut out pieces of paper. The raw materials are all very easy to find, for example: magazines, greeting cards, wrapping paper, postcards and illustrated catalogues. Surfaces for decoupage need to be clean, dry and smooth. Lightly sand wood surfaces, then wipe with white spirit (paint thinner), porous surfaces should be sealed with matt emulsion (latex) paint. I did not encounter many problems in the making of the clock. Not any significant problems. The only problem I did encounter was the black numbers and hands of the clock, I found you could not clearly see them so I used red paint and brushed it over them. The only other problem was that I did not know at one stage what I was going to use to connect the pieces together. THE 70S The seventies were a very hip and happening time, when fashion and design were at a peak. Some of the most peculiar yet interesting objects came out of this era. I have just included some pictures as an example of what I mean by retro design. Research The following research has been carried out: 1. Research of literature: I made reference to many books about clocks to make sure that this had not been done before. There were slight comparisons but nothing great. A number of ideas and technical information had been included in this section as well as technical information. I also made reference to decoupage books and to books about woodwork. I made reference to the woodwork books for more information about the machinery. When I first received this project I decided on the theme of the 70s retro design. I then took myself as soon as I could to Newtown for this is a place where retro is a theme of many stores. I was Unfortunately I was unable to take photos of most of the stores because I was asked not to, so I respected that. After going to Newtown I had an instant idea of talking to a designer who was designing in the 70s. It was then that I phoned my uncle Terry Doyle and asked him what it was like to design during the seventies. He told me that it was the seventies that bought his products to the market for he said to me had bold ideas, which many did not necessarily like. However because everyone became more accepting of new ideas and thoughts, his ideas were now accepted and he had become a hit. He told me that the seventies was the best era. He said he absolutely loved it. So my idea had to be bold, however not to bold. Today I went to Newtown and I a spent the day looking for recycled pieces to make my clock. I found a record, which I am going to use for the back of the clock. I will have to however experiment on making the hole in the centre of the record larger, so that I can fit the clock mechanism through it. I also bought an old clock to use as an example and to use pieces from it. For this project and the particular way in which I chose to do this clock I was extremely lucky to be benefited with the knowledge of how to use the timber cutting and sanding equipment. However the skill of decoupage was one I still had to achieve. I was lucky enough that Miss Brett had some scrap pieces of timber left over from previous work done by design and technology students. I researched a theme that was a retro style; I wanted something different to everybody elses so this was the project for me. I soon found clock ideas on the Internet and used them as my inspiration. Finding these was a great help. They helped me create an innovative design. This pattern was the major inspiration to my whole design. It features squares in the way in which I created my clock. I was then going to create squares just like these and so I searched through my mums wrapping paper collection and I found one which would be perfect. So I adapted it to my design and I was away. With the design process underway I was nearly finished and only one minor problem was stopping me as to how to join the squares. This would be a great area for investigation. What was I going to use to join these slightly out of shaped squares together? What kind of adhesive or nail was I to use to then join these pieces to the plywood? The plywood is recycled scrap from the year sevens work. This plywood then has the pattern decoupage sealed to it and this would be the square/rectangle. The back of the ply is where I wanted to fix whatever I was to use to join the square/rectangles together. I also researched about decoupage and this enabled me to understand the technique and how to complete this section of a clock. I wrote up an experiment to which this will be what I will do with apiece before I try it on the other projects. I made reference to many clock books to make sure that this had not been done before. There were slight comparisons but nothing great. A number of ideas and technical information have been included in this section as well as technical information. I also made reference to decoupage books and to books about woodwork. I made reference to the woodwork books for more information about the machinery. When I first received this project I decided on the theme of the 70s retro design. So I took myself as soon as I could to Newtown for this is a place where retro is a theme of many stores, I went to the stores and unfortunately I was unable to take photos of most of the stores because they asked n me not to, so I respected that. After going to Newtown I had an instant idea of talking to a designer who was designing in the 70s. It was then that I phoned my uncle Terry Doyle and asked him what it was like to design during the seventies. He told me that it was the seventies that brought his products to the market for he had bold ideas, which many did not like. But because everyone became more accepting of new ideas and thoughts, his ideas were now accepted and had become a hit. He told me that the seventies was the best era. He said he absolutely loved it. So my idea had to be bold, however not to bold.