Operations Management: Quadruples Restaurant Case Essay

Can these kinds of customer response data be obtained reliably, systematically, and cheaply enough for a restaurant? If so, how? This type of data could be gotten by adding survey questions to a receipt given to a customer with a few questions relating to the Pareto chart (Ex B). This can also be done by observation of host (ess) when times are not busy noting customers body language. Also managers can go around to tables and ask how their meal was, and if anything was unsatisfactory. The important thing is to have a log of this data, which can be analyzed, at the end of each week and solutions implemented at the beginning of each week to try and resolve problems quickly as they develop. One type of bias the restaurant may have to worry about is the concept of â€Å"self-selection†, where a person who has a bad experience is more likely to voice their opinion than one who has not. Another great example of how this data can be obtained is through benchmarking and competitive analysis, looking at how other competitors deal with their problems and applying the best solution to a given case. Benchmarking can easily help provide better service to customers by applying the â€Å"best practices† found in leading restaurants. Which of the Exhibit B complaints are natural targets for continuous improvement in the restaurant (or any enlightened firm), thus, perhaps, not requiring solicitation of customer inputs to reveal the target for problem solving? The of course obvious and most logical answer would be all elements could be improved upon. As we’ve discussed in class, â€Å"if you aren’t improving your product/service your loosing ground.† However I choose ones that could immediately be implemented through better training of the servers/busboys. In referencing the Pareto Chart of Complaints: Room too drafty, Table not clean, Buffet table not well organized, Missing utensil at place setting, no ashtray on table, and had to wait too long for coffee could all be elements of continuous improvement. An example of how a problem could be solved is  (G), simply setting up a smoking section where ashtrays are a mainstay at the table, if this cannot be implemented simply having the host(ess) after asking smoking/non bring a ashtray to the table, or after determining the size of the party have the host (ess) gather the utensils (the basket under the greeting table) before showing them to their table. The one I said could not be immediately improved upon is the room being too drafty, this may require a more physical solution such as adding another set of doors to the entrance thus alleviating draft cause through the entranceway. The solutions can be developed through training the staff, (i.e. busboys, servers, host (ess)) to have a mental checklist of what needs to go on a table before it is ready to be sat, and having the host (ess) make sure they are seating people in the appropriate section (i.e. enough utensils, ashtrays, etc). All of the complaints in Exhibit B clearly are things customers would notice. If restaurant staff, instead of customers, were asked to express their complaints, suggest at least five complaints that would probably come forth. To what extent could the staff’s mind-set be altered so that they would worry about the same things as customers? How could this change occur? 1) Angry/disgruntled customers – low tips, not due to service 2) Too many tables designated at a time for one person 3) Too many hours – better scheduling 4) Managers who don’t consider the individual – not concerned about your problems 5) Kitchen not staffed adequately during peak times – customers are angry and take it out on servers A way of getting staff’s mindset to change is remind them of all their bad experiences in restaurants, getting the staff to own the problem. This can  be done in a monthly training sessions where customer complaints are voiced to all the staff showing them that there is a problem. Even showing how better service can mean more money to them is a high motivator. Show that you are going to make changes to better both the customer and the staff to make the workplace an environment where information is freely shared and solutions can be brought â€Å"in house† before going for outside the restaurant (i.e. corporate). Most importantly market each improvement, boast to your staff about how quickly problems are resolved, make your restaurant the one others are trying to benchmark for your best practices.

Gender Socialization Essay

Gender socialization has been portrayed on television shows for many, many years. Gender messages are so common that we often do not even realize that it is happening. Henslin (2009) explains gender as, â€Å"the attitudes and behaviors that are expected of us because we are a male or a female† (p. 76). In television, these gender messages start as early as toddler cartoons, to high school sit coms, and all the way to soap operas geared towards an older crowd. I have watched the television show Sons of Anarchy for many years and gender socialization is very evident in every episode. The majority of every episode involves a motorcycle gang, causing the show to be very male oriented. They are a very respected group due to them having the persona of a motorcycle rider who carries guns and is not afraid to stand up and fight for their fellow riders or family members. Regardless of some of the men being married it is an all male club, and the wives are not considered members. The women are given the typical female role and go to work and stay at home taking care of the children. If ever their is a serious problem with a rival motorcycle gang the men ship their wives and children off to a hotel or somewhere safe and the men stick around and protect their club house and their families knowing they are somewhere safe. They do not allow women into the club because they do not think that they would be able to protect themselves. The men do not think that it is appropriate for the women to be in the middle of all of the fighting and the drug trafficking. They want them at home with the kids where they know that their family is out of the immediate danger. In this particular show the women are expected not to stray from their role while the men are free to do whatever they want or need. Another popular show that I have recently started watching is Revolution. This is the first season and in the first episode their is a world wide black out and they are showing how one area of the United States is functioning fifteen years later, still without power. There are big examples of how males and females are being portrayed differently as well as similarly. In the beginning they show the women home schooling the children while the men are out hunting for food. However their is one girl that likes to go out hunting but rarely comes home with anything that they can eat. Later on in the show, two females and a male end up leaving the small community to go find one of their members that got taken away. They head to Chicago to find a guy that is supposed to help them get their missing member back. At first he does not agree to help them because he thinks it is too dangerous for their female to be trying to fight anyone. Shortly thereafter they all get into a brawl with a group of people and the girls prove that they can hold their own. He agrees to go with them but still questions what she can do. At the beginning of the episode the gender socialization is completely obvious with the females doing a set of jobs and the males doing the hunting and fighting. The more the season is progressing the more the females enter the male role as well. I think that the further the season gets, the more the females will be forced into roles that are not considered typical female roles. I think having females in these different roles on television sends a good message to people watching. Yes it is good to keep women out of danger and away from certain things, however it is also good not to shelter them so much that when they are put in a situation not intended for females, they are not completely helpless. References Henslin, J. (2009) Essentials of Sociology: A down-to-earth approach (8th ed). New York: Allyn and Bacon.

Analysis and Consequences of Legal Action(S) Essay Example for Free

Analysis and Consequences of Legal Action(S) Essay Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. ——————————————– [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542 Analysis and Consequences of Legal Action(S). (2016, Mar 24). We have essays on the following topics that may be of interest to you

The World Trade Organisation Essay Example | Topics and Well Written Essays - 4500 words

The World Trade Organisation - Essay Example Considering the on-going trading between developed and developing countries, WTO is often accused of benefiting richer nations to the detriment of poorer ones. For this study, the advantages and disadvantages of joining the WTO will be discussed. Based on the evidences gathered during the research process, critical analysis will be applied in the study. Prior to conclusion, recommended ways in which the WTO could be transformed positively in terms of being able to help developing nations will be tackled. For the conclusion part, whether or not the WTO is benefiting richer nations to the detriment of the poorer ones will be answered as part of the conclusion. Thesis Statement â€Å"The truth behind the accusation that the WTO is benefiting richer nations to the detriment of the poorer ones† Advantages and Disadvantages of Joining the WTO Advantages Increases the Overall Economic Activities in Developing Countries WTO offers a better business opportunity on the part of developing countries. A good example is the case of China which signed the joining contract with WTO back in 2001. (Klapper, 2008; Mastel, 2001) Prior to China’s active participation in the world market, the country was considered one of the most underdeveloped countries due to lack of infrastructure, technology, and technical skills that could enable them to compete with developed countries. (Chow, 2006) Because of the huge market in China and cheaper labor costs, developed countries like the U.S., Canada and Europe among others began establishing their manufacturing companies in China.

Theory of Cognitive Dissonance & apply it on abortion in USA.2 Research Paper

Theory of Cognitive Dissonance & apply it on abortion in USA.2 - Research Paper Example (Chasek, 2010) Further understanding needs to be established on the theory to bring out the idea that this is a theory that is basically adopted form social psychology. From the title, individuals with basic knowledge on Psychology can draw out the conclusion that that cognitive stands for the mind or the process of thinking while dissonance stands for conflict or inconsistency. From this point it is safe to say that cognitive dissonance comes as a result of psychological conflict arising from upholding two or more parallel beliefs that work in an incompatible mode. This theory has been embraced by the experts in many fields by molding it to fit into their own requirements. An example is in the field of communication alongside various other disciplines. . (McLeod, 2008). This theory is quite the famous one because it manages to displace all forms of previous engagements in form of conditioning by completely viewing as rather purposeful decision makers by majorly opting to balance the beliefs. The mind should therefore be conditioned in such a way that in case one is presented with decision making situations that create dissonance, then one is supposed to apply strategies of dissonance reduction so as to basically regain relevant equilibrium mostly in situations whereby the decision making would have great effect on the self esteem of the individual involved. (Barker, 2003) The theory of dissonance applies in various situations that involve the change of attitude and its formation. The theory has the capability of manipulating individuals to embrace certain behaviors so as to influence the people to change their own attitudes. This quality makes the theory and the thoughts around it relevant for problem solving and decision making. A real life situation as an example is a situation whereby a driver holds on to the beliefs that he does not require seat belts when driving. Then the reality dawns on him when he gets the news that a friend had an accident and lost h is life simply because he had no seat belt on. The dissonance of this driver may possibly be reduced by actually completely altering behavior and hence starting to apply the use of the seat belt because he now finds it necessary to avoid impending implications that may rise if he doesn’t use it. The driver can also embrace the idea that he needs to find an alternative since his hatred for the seat belts in general could still be outstanding. Then he may seek relevant information on available alternatives in the market and fall for the airbags. Therefore the impetus to actually bring dissonance down majorly relies on the amount or magnitude of the held dissonance (McLeod, 2008). The dissonance in us is mostly always important and stronger when we have a belief about something that we hold dear but we go ahead and do something completely parallel to that belief. An example is when we believe that somebody is good, the he goes on to do something that is really bad, then what we have in the mind is cognitive dissonance that results in the kind of discomfort we feel from the entire idea. Dissonance will increase perpendicularly with the level of importance that we give to a certain subject, the strength by which the two conflicting feelings or thought feel the parallel forces against each

Texas admitted to the Union in 1845 Research Paper

Texas admitted to the Union in 1845 - Research Paper Example The path of Texas from early colonization to statehood has always been filled with events important to American history as a whole. The first humans to inhabit the land were Native Americans. Over 30,000 Native American tribes roamed the land1. One tribe, the Caddos, were known for not only being a peaceful tribe, but for their distinctive tattoos and clothing2. It is believed that the very word â€Å"Texas† can be traced back to Native Americans, as the word â€Å"Tejas† is thought to be the Spanish translation for the Caddo word â€Å"friend†3. However, the Native Americans of Texas history were not allowed to live peacefully, as Europe soon came in to colonize their lands. The first country to colonize Texas was Spain. In 1519 Alonzo Alvarez de Pineda made a map of the Texas coastline, allowing Spain to establish its first foothold4. In 1528, Spanish conquistador Alvar Nunez Cabeza de Vaca came to what is now Texas in search of â€Å"cities of gold†5. However, the land was not formally claimed for Spain until 1598, and the first permanent Spanish settlement and mission, Corpus Christi de la Isleta, took another eighty-four years to be formed6. Once this was done, Spain would not be forced away from them until hundreds of years in the future. The main objectives for the Spanish were gold and population growth. No amount of gold was ever found, and many lost their lives while looking for the wealth they believed to be in the area7. In 1682, permanent Spanish missions were established by priests to convert the local Native American population to Christianity8. The belief behind this was that converting the Native American population would strengthen the position of Spain in the New World9. Though the priests tried their best, their actions were hampered by the death rate of Native Americans upon being exposed to European diseases10. This did not deter the Spanish from building

Investigate a precolonial African polity in terms of its key Research Paper

Investigate a precolonial African polity in terms of its key constituent institutions - Research Paper Example Political centralization was the key component of pre-colonial institutions. Pre-colonial African polities have been in existence in the earlier years as a broad ground for the provision archeological research of the civil compatibility and the country. Much of the twentieth century, pre-colonial African countries were misunderstood because of the outward encouragement. Archaeological research is done on these states, however, shows the native origin of the social compatibilities and the countries in Africa, putting in place valuable new ideas for the provisional research in the earlier years on the formation of a state. It tries to analyze how the archaeologists have handled the state of pre-colonial in Africa, starting with listing of the colonial-era based on the state of the country and the advancement in Africa. Then followed by showing how insights into the political processes across the continent are provided by power through a discussion of archaeologist. Major illustrations are made within wide elaborated divisions; at the end of this review, (a) Driving state formation across the continent, because of the agency of indigenous political entrepreneurs. (b) How the pre-colonial African countries political contours were well shaped through having alternatives modes of power. The countries that were in place even before the colonial rule progresses to mould its recent advancement, pre-colonial countries control is attained with the recent cross country distinction in attainment of school, literacy, roads being paved, and immunization. Most of the countries in the West Africa rejected the French settlement as they had centralized form of government. Similar parts of the west Africa were among the states that received low investments in the colonial period. The pre-colonial states in Africa had all it takes to have full control of the people instead of the land. Below are the several factors that led to this: †¢ Agriculture, this demanded a

Reflective Paper Essay Example | Topics and Well Written Essays - 1000 words - 2

Reflective Paper - Essay Example Workers were given directives by their bosses and, therefore, creativity was limited. Workers climbed up the seniority ladder with time. If there were layoffs, the seniors were affected less than the juniors since lay- offs were based on the principle of ‘last in, first out. There was no close tie between the pay that one got and their performance, and there were no significant differences among the workers (Michael, 23). In the 1820s, twenty percent of the population worked for wages and salaries but by the year 2000, 90 % worked for organizations, half of them working for big companies. ‘In the 1950s, the relationship between the employees and the companies involved commitment and reciprocity; workers were dedicated to the job in return for wages and promotion, and the company was committed to its workers in return for their hard work and loyalty’ (Michaels,21). Firms invested in their employees by training them, developing their skills and promoting them. This encouraged loyalty by enabling the employees plan on owning their homes and sending their children to schools. For this reason, people stuck with the same company for years. In the case of occasional long working hours, the impact was relatively easy to absorb, since women, not in the workforce assisted them with domestic duties. However, this story changed. There was a stable relationship between companies and the employees. B y regularly promoting their employees, the companies were able to maintain the stability of this relationship (Michaels 27). With time, the state of business changed and the priorities of the companies, as well as the employees, changed. In a global economy, corporations are always competing. Investors are always on the run to get new opportunities that have higher rates of return, to invest their funds. This makes investors keep moving their funds in and out of countries, companies (Michael’s Countries and businesses, therefore, are

Analysis of options and recommendations for action Assignment

Analysis of options and recommendations for action - Assignment Example This change in tourism trend could be attributed to uncertain economic conditions, stagnant salaries, rising inflation, and growing threat of terror attacks. Therefore many of the UK citizens think that it is better to visit domestic tourist destinations that are in close proximity to them so as to maintain a good balance between their income and expenses. Evidently, such an adverse trend change in the tourism sector would negatively affect the travel business. This report will examine how the travel agency could respond to this change and suggest specific strategies to boost sales in the context of the change. The declining trend of outbound tourism in UK poses great threats to travel and tourism businesses that increasingly rely on people visiting overseas countries (Travel Mole, 2014). The recent global financial crisis together with rising daily living expenses significantly contributed to this trend because people strongly believed that outbound tourism would cause them to incur huge costs. In addition, there has been a trend of decrease in the ownership of overseas holiday homes in UK over the last few years. The English people think that visiting domestic tourist destinations is a better way to cut down huge expenses associated with outbound tourism and save for the future. The growing threat of terror attacks across the world also discourages UK citizens to enjoy overseas holidays or to own overseas holiday homes (Page, 2011, p.75). A SWOT analysis is a better tool to analyse the internal and external environments of the travel and tourism sectors. While analysing the internal strengths of the UK travel industry, it seems that the country has a well developed infrastructure that support travel and tourism businesses. High cost of operations is a major weakness of these sectors as this issue negatively affects people’s overseas holiday

Organizing Work Essay Example for Free

Organizing Work Essay McDonalds Corporation It has become clear to upper management that the way McDonald’s has been operating over the past decade is not helping in moving the company forward. Upper management feels that the company is falling behind, and changes must be made immediately. The changes need to start with how the organization is structured. Once proper changes in structure are made, it is believed that McDonald’s will then be able to implement plans that will lead McDonalds into a successful future. The purpose of this paper is to make recommendations as to what changes in organizational structure would help McDonalds become more sufficient. Along with changes in structure the paper will also determine what work needs to be done, how it is to be done, and the approach that should be used to bring success back into the organization. Recommendations There have recently been talks between upper management about making necessary structural changes to the McDonald’s organization here in the U.S. The first recommended change is eliminating levels of management. Numbers of the past have shown that the old traditional way of communication and barriers of so many levels of management had become a barrier to decision making (Jennings, Maze, 2014). The team agrees with this change and believes that the change should be implemented as soon as possible. The basis for this change is that it will help in bring the company closer to the customers. With so many layers of management it seems as if there is more time being spent arguing and talking to each other, rather than talking to the customer and making decisions. McDonald’s marketing has shown that they need to adapt to the current customer’s needs of what they want. McDonald’s  president has worked for McDonalds for the last ten years, and he has seen numbers drop drastically which means, it is time for change (Jennings, Maze, 2014). Essentially it is safe to say that McDonalds is losing its relationship with its customers. Another huge change that McDonalds has been thinking about is changing the number of divisions here in North America from three to four. It is believed that grouping the regions into four divisions, as well as eliminating some levels of management will allow for regional leaders to have more autonomy, and will allow leaders to set a menu based on the restaurants geographic location. According to the McDonald’s website, Jennings, Maze, (2014), â€Å"The changes are highlighted by the elimination of layers of management, giving leaders of its 22 U.S. regions more autonomy in setting the menus and making marketing decisions.† These changes will also allow McDonald’s leaders to restructure the menu to be more diverse to any one’s eating habit. They will be allowed to market more things on the menu than just burgers and fries. Change is good, and they are excited to embrace it. How to do Work Effectively Every organization has its’ own structure to follow. McDonald’s current structure is failing when it comes to the customers’ wants. This is why upper management has been talking about restructuring the design by dividing McDonald USA into four divisions. These divisions would include, Northeast, South, Central and West (Jargon, 2014). Each region would have a president in charge. Under each president there should be different types of managers who know the culture of each region. This will allow for the company to deliver the right product to the customers. They also need to remove some of the managerial levels because having too many managers’ results in decisions not being made. Eventually leading to a lack of growth in the business. McDonald needs to adapt according to the changes that are taking place in the world such as; the economy, competitors and technology. They need to have basic meals that fit all regions; in addition to that, they need to create new products to fit with the culture of each region. Sweet tea is a good example of a product that fits in with the culture in the south. Therefore it would be good for McDonalds restaurants in the south to  promote sweet tea. However, sweet tea is not very popular in the Northeast so it would be pointless to spend money promoting a product that no one is interested in. This is where the president of the region would need to find another product to promote. One that will fit the culture, and interest of the people in the Northeast. This means that management in each region needs to focus on research and development in order to make the right decision. In addition, technology is really important nowadays that is why McDonald needs to work with Apple to create an account in Apple Pay. Customers can pay quickly and order their food ahead of time. This will satisfy their customers because most of them do not have the time to wait to pick up their meal. It will take both an individual and team effort for McDonalds to complete the work. Upper level managers will need to work individually to make the right decisions. For instance, upper level manager should study the region and try to figure out how they can enhance the product or create a new product to fit the culture. Lower level employees need to work in teams so they can satisfy the customers. For example, the worker operating the grill cooks the meat and when it is done he or she passes it to another worker to make the sandwich according to the customers preference. Each team member is important because if they are not motivated to do their work the whole team will fail to deliver the product to the customer. It is very important that there is manager in each branch to motivate and coach the employees. Managers must be able to fill the role of an employee if the branch was crowded and direct them to do the right job. The manager should focus on increasing the sales by satisfying the customers. Best Approach McDonald’s Corporation needs to embrace that changes that are set to take place. Upper management will need to stick by their decisions, and have faith in their management. This means allowing the presidents in each of the four new divisions to take full control of operations within their regions. The division’s presidents must look to regional managers for input on necessary changes. It is up to them to find out what the customers want, and what the customers want is what they should get. Ideally McDonalds is looking to do two things when making these structural changes. The first is to keep the same basic product menu in every region, but allow for different  regions to add certain products that cater to the customers in that region. Second is to allow for decisions to be made more efficiently and effectively. Conclusion The planning for these changes has already begun and sometime in the immediate future the changes will be implemented. These are good changes and the team feels that they will eventually make a significant difference in the overall success of McDonalds Corporation. It is going to take time, but we feel these changes will lead us into the future on the right path. References Jennings, Maze,, L.J. (2014). McDonald’s Reorganizes US into Four Regional Divisions. Retrieved from http://nrn.com/mcdonalds/mcdonald-s-reorganizes-us-four-regional-divisions Jargon, Julie, (2014). McDonalds Plan to Change U.S. Structure. Rettrieved from http://online.wsj.com/articles/mcdonalds-to-change-u-s-structure-1414695278

Health and Safety Challenges in the Mining Industry

Health and Safety Challenges in the Mining Industry 1. Outline some of the key health and safety challenges that is faced by a mining company you are familiar with. The industry has experienced both high consequence low frequency events (disasters such as Moura and Gretley) as well as low frequency high events (such as slips, strains and falls) contribute to the industrys high lost time injury rate (LTIR). It has also had its share of occupational diseases. Historically, pneumonocosis (lung disease caused by inhalation of mineral dust), asbestosis and mesothelioma have been key areas of concern. Noise, vibration and fatigue are issues of significant health concerns. The management and control of major hazards associated with structural collapses, fires and explosions are key safety issues of the day. Moura: During the past forty years there have been three mining disasters in the Moura district at a cost of 36 lives. The first occurred at Kianga Mine on 20 September 1975. Thirteen miners died from an explosion which was found to have been initiated by spontaneous combustion. The mine was sealed and the bodies of the men were never recovered. The second occurred on 16 July 1986 at Moura No 4 Mine when twelve miners died from an explosion thought to have been initiated by one of two possible sources, namely frictional ignition or a flame safety lamp. The bodies of the miners, in this case, were recovered. The third of the disasters occurred on 7 August 1994 at Moura No 2 Mine. On this occasion eleven miners died as a result of an explosion. The mine was sealed and, at this time, the bodies have not been recovered. 2. What is the framework of the mine safety legislation in your state/country? Since Australia is a federation of states, each state sets out its own laws, which include its own regulatory standards for occupational health and safety. At beginning, each state was separate and used the old health codes (i.e., legislation) and standards from the British system. This system relied heavily upon very specific (i.e., numbers based) system which was easy to enforce and simple to understand. However problems ensured as time and technology progressed which led to the health and safety reform that began in 1972. The Current Framework for Mine Safety in Australia in 3 ways: Regulations under a general OHS Act (VIC/SA/TAS/NT) In separate Mine Safety Acts and Regulations (WA/QLD) In separate mine Safety Act and Regulations Subordinate to a general OHS Act (NSW) Since Victoria is my state, the following legalisation will be used under 3 main categories given as below. Dangerous Goods Act Environment Protection ACT Occupational Health and Safety Regulations a) As per Occupational Health and Safety Regulations: Occupational Health and Safety Act 2004. Act No. 107/2004: Enabling act. Sets out the key principles, duties and rights in relation to occupational health and safety (OHS). Occupational Health and Safety Regulations 2007,Statutory Rule No. 54/2007: Specifies the way in which a duty imposed by the OHS Act must be performed, or prescribe procedural or administrative matters to support the OHS Act (eg requiring licences for specific activities, the keeping of records or giving notice). WorkSafe Positions: Are guidelines made under section 12 of the OHS Act that state how WorkSafe will apply the OHS Act or Regulations or exercise discretion under a provision of the OHS Act or Regulations. WorkSafe Positions are intended to provide certainty to duty holders and other affected parties b) As per Environment Protection ACT: Version No. 171, Environment Protection Act 1970, No. 8056 of 1970, Version incorporating amendments as at 1 January 2010. This sets out the key principles, duties and rights in relation to Environment Protection Act. c) As per Dangerous Goods Act: This sets out the key principles, duties and rights in relation to Dangerous Goods Act. But here individually they all made for individual categories as mentioned. Version No. 081 Dangerous Goods Act 1985 No. 10189 of 1985 Version incorporating amendments as at 1 January 2010 Version No. 003 Dangerous Goods (HCDG) Regulations 2005 S.R. No. 96/2005 Version as at 14 March 2008 Version No. 005 Dangerous Goods (Storage and Handling) Regulations 2000 S.R. No. 127/2000 Version incorporating amendments as at 1 January 2009 Version No. 001 Dangerous Goods (Transport by Road or Rail) Regulations 2008 S.R. No. 166/2008 Version as at 1 January 2009 Version No. 013 Dangerous Goods (Explosives) Regulations 2000 S.R. No. 61/2000 Version incorporating amendments as at 1 January 2009 3. Robens suggested two key issues were important in achieving high standards of safety. What are these two key issue? Where in the Act (or regulation) are these two issues addressed in the mine safety legislation of your state/country? In 1972, the British Robens report sought to modify the previous codes of practice using two base principals. The first principle recognised the need to unify all the difference OHS laws under one system. It was proposed that this would be accomplished by creating â€Å"general duties† into one ruling (Robens Report, para 41). The second principle observed that a self regulation model be implemented where workers and administrators ‘come together in order increase the standards of health and safety (Robens Report, para 41). The Federal Government in 1985 passed legislation to form the then National Occupational Health and Safety Commission (NOHSC); though, because Australia is a federation, each state/territory has to ratify federal legislation in order to for the commission (NOHSC) to be apart of the Commonwealth and therefore have any legal grounds. Each state reformed OHS laws, based on the Robens model and beyond. In fact, the OHS operates in a three way system. The first is the general duties which cover all employees regardless of job status (ie, contracted or not) and require the employee as practically possible to ensure a safe working environment. The second are the â€Å"provisions in regulations† are mandatory laws that are specific to each state. Finally, codes of practice are used as guidance which set the standards for the general duty of care. These help in setting standards the duty holder is required to identify the hazards and assess and control risks and therefore helps Robens second principle however there remains some critical gaps. 4. What is the main goal of industrial hygiene? List the four key processes that play a role in achieving this goal. Main goal of Industrial hygiene is risk reduction and/or risk elimination wherever possible. Anticipation Recognition Evaluation Control of workplace environmental hazards Define the following terms Hazard Risk Hazard management Risk Assessment Probability Frequency Severity Dose TLV-TWA TLV-STEL Hazard: A hazard is any ‘thing that may cause harm or injury to a person or property. Also this is the potential of any agent or substances to cause harm, usually ill-health or disease. b) Risk: The risk tells how likely an accident (An accident is any unexpected or unintended event that may cause harm or injury to a person or property) will cause harm or injury to a person or property. Risk is a function of the type of hazard times the amount of exposure (Risk = Hazard x Exposure) Hazards management: The process of enacting general duties of care in order to eliminate, substitute, or reduce the likelihood of an accident (i.e. risk) through engineering or administrative solutions, or through applying personal protection equipment (PPE). Risk Assessment: Risk Assessment is the process by which a specific risk is quantified or qualified in order to understand how to manage a specific hazard. It is based upon the effect that a specific hazard may have, the magnitude of the hazard (I,e, how severe it may be), and the duration that the hazard may impact a person or property. The risk assessment helps ascertain how a hazard may be managed and how a risk may be controlled. Probability: the likelihood for an event to occur. One of the factors that serves as the dependant variable for risk (I.e. Risk=Probability * Severity) or It is a way of expressing knowledge or belief that an event will occur or has occurred. In mathematics the concept has been given an exact meaning in probability theory, that is used extensively in such areas of study as mathematics, statistics, finance, gambling, science, and philosophy to draw conclusions about the likelihood of potential events and the underlying mechanics of complex systems. f) Frequency: Frequency is the rate at which a person may come into contact with a hazard over a defined length of time. Or The number of times that a periodic function repeats the same sequence of values during a unit variation of the independent variable Severity: Severity is the magnitude, or intensity, with which a hazardous substance is exposed to a person. It is the dimension for classifying seriousness for Technical support issues. Dose: Is the amount of the hazard which we are exposed. It is defined by the concentration of the hazardous substance times the length of time a person is exposed. Dose is the concept of dose is paramount for occupational hygiene and risk management. Dose refers to the amount of a substance to which we are exposed, and is a combination of the concentration of exposure and duration of exposure. Dose= concentration*duration of exposure i) TLV-TWA: TLV values generally refer to a national exposure standard for a hazard (i.e. chemical, dust, or radiation). It is a means of quantifying the maximum concentrations of a particular substance in an area over a specified length of time, and then applying it as a standard for health and safety inspectors and duty carriers to use as a way of assessing risk. TWA is an acronym for time weighted average. In this case, the duration of contaminant exposure is expressed over an eight hour working day and a five day working week. In this way, this exposure standard incorporates the maximum and minimum exposure rates a person experiences during a regular working day. The emphasis of an exposure free time is implicitly involved (as would be the case for noise) so that certain body thresholds are not passed. j) TLV-STEL: STEL is an acronym for short term exposure limit. For some substances, a short term exposure standard is needed since acute and chronic health affects may result. Instead of an eight hour day, this exposure standard is measure over no more than fifteen minutes. 6. Whatare the main airborne contaminants/pollutants that can cause health-related problems at mine sites? The Dust and particulates (arsenic, lead, mercury and etc); The Toxic gases (carbon monoxide, sulphur dioxide and etc); The Carcinogens (asbestos, aromatic hydrocarbons, and etc); The Flammable gases (methane and carbon dioxide and etc); The Radiation poison (radon, uranium, thorium and etc); The Mixture of viruses and bacteria. 7. For a particular legal jurisdiction (state/country) what are the legal requirements for the concentration of the following in the general body of ventilation airflow (maximum or minimum)? According to the HSIS a) Oxygen Pure oxygen: no restrictions Oxygen diflouride: TWA=.05 ppm b) Methane (as a gas) Pure methane: TWA=0, STEL=0 Bromomethane: 5ppm STEL=0 c) Carbon dioxide In coal mines: TWA= 12,500 ppm STEL= 30000 ppm Regular: TWA= 5000 ppm STEL= 30,000 ppm d) Carbon monoxide: TWA= 30 ppm STEL=0 e) Hydrogen sulphide: TWA= 10 ppm STEL= 15ppm f) Respirable dust (no silica) Coal Dust: TWA = 3 mg/ m3 STEL=0 Soapstone: TWA = 3 mg/ m3 STEL=0 Vanadium: TWA = 0.05 mg/ m3 STEL=0 Graphite: TWA = 3 mg/ m3 STEL=0 g) Respirable dust (with silica): TWA= 2 mg/m3 h) Oxides of Nitrogen: Nitrogen Triflouride: TWA= 10 ppm STEL=0 Nitrous Oxide: TWA= 25 ppm STEL=0 Nitric Oxide: TWA=25 ppm STEL=0 Nitrogen dioxide: TWA= 3ppm STEL=0 Nitrogen tetroxide: TWA= 0 STEL=0 8. Define Dust, list and briefly describe the general preventative measures, which can be used to control or prevent exposure to high dust exposures. Dust caused by the mechanical disintegration of material can be defined as a collection of solid particles which: Are dispersed in a gaseous medium (usually air) Are able to remain suspended in the air for a relatively long time Have a high surface area to volume ratio. So briefly, over the entire range of airborne materials, dust generally has the largest particle size although it can exhibit a wide particulate range. In general, dust can be defined an amalgamation of various particulates (solid matter) that can separate and remain in suspension in air. Dust is generally caused by mechanical weathering through, in the case of mines, the use of very large machines (drills and crushers) and blasts. Dust can either pose an immediate hazard (I,e, eye irritation) or long term health effects (radioactive particles that stick to respirable dust which are subsequently inhaled). Whether the effects are long term or short term, there are a number of ways that duty careers can control or even eliminate dust. 1) Preventative measures (Elimination): This is the best way among all. This includes watering to reduce dust formation when cutting and drilling; ensuring that cutting equipment is sharp, and using oils to transport mine cuts to an enclosed area. Under these conditions, â€Å"the means of control† is through elimination. A final piece of equipment is a blind hole borer which traps the dust generated through an enclosure. 2) Ventilation (Engineering): This is an engineering means of control dust through a proper ventilation system. Here the air must be able to be strong enough to pick up the heavy dust particles to reduce the amount of dust concentrating in the air or on the ground. Dust extraction and filtration systems that pump in the ‘dusty air, filter out the particles and then expel ‘cleaner air. 3) Removal of employees (Administrative): This is an administrative approach where the employees are basically removed from the hazard thereby eliminating exposure. This is often not very practical, especially in medium/small operations, or in rural operations where all employees are needed, or working rotation is not an option. 4) Use of respirator (PPE): This is the least way control however we have no other option. Here a worker uses a respirator in order to filter out the dust, thereby minimising risk by reducing exposure. However, many respirators can be too heavy or cumbersome to deal with, especially underground. 9. Discuss how methane is generated in mines. What are the key risks associated with methane, and how can the risks be managed? Methane generation in mines: This is produced by bacterial and chemical action on organic material and is evolved during both the formation of coal and petroleum. One of the most common strata gases. It is not toxic but is dangerous as it can form an explosive mixture with air. A methane/air mixture commonly called firedamp. Methane is commonly associated with coal mines but it is also commonly found in other mines which are over or underlain by carbonaceous formations. Methane is retained within fractures, voids and pores within rock either as a compressed gas or adsorbed on mineral surfaces. When mining disturbs the rock the gas pressure gradient set up between the reservoir of methane and the ventilation system induces flow of methane along natural or mining induced fractures towards the opening. Key Risk: Methane has no odour, but it is often accompanied by traces of heavier hydrocarbons in the paraffin series, which have a characteristic oily smell. The density of methane is a little over half that of air. This gives rise to the danger of methane layering in pools along the roof of underground openings. The buoyancy of methane can also cause problems in inclined workings. Methane burns in air with a pale blue flame. The explosible range for methane in air is generally quoted as 5-15% with maximum explosibility at 9.8%. The lower limit remains fairly constant, the upper limit reduces as the oxygen content of air falls. To track the flammability of methane air mixtures a coward diagram as shown in figure 2 can be used. With relation to figure 1: Figure 1: The coward diagram for methane in air. In zone A the mixture is not flammable but is likely to become so if further methane is added. In zone B the mixture is explosive and has a minimum nose value at 12.2% oxygen Zones C and D illustrate mixtures that may exist in sealed areas. Methane layers have two main hazards associated with them: Layers extend the zones within which ignitions can occur When an ignition occurs the methane layer acts as an effective fuse along which the flame can propagate, sometimes leading to much larger accumulations in roof cavities or in the gob. Methane and Carbon dioxide (mixtures of the two gases) if mixed with nitrogen will make the dangers atmosphere. Because this associated with gas outbursts are: Asphyxiation of miners by gas and dust. Compressed air lifelines may be maintained on or close to faces that are prone to outbursts. The violence of the outburst may damage equipment, causing sparking that may ignite the highly flammable gas/dust mixture. The sudden expansion of a large volume of gas can disrupt the ventilation system of the mine. To control and Manage: To control and manage the risk of Methane, first of all need to know the sources and nature of methane, and how the methane is releasing and migrating. And then understanding of risks can easily lead to learn of the methane risk management. The major systems as follows, In its naturally occurring state in a coal seam, firedamp does not constitute an explosive risk. However, where firedamp released from adjacent seams meets fresh-air in the goaf, the firedamp is diluted and explosive mixtures (around 5% to 15% methane in air) are formed. Effective firedamp control is essential for safe working and involves providing either: Face-End Ventilation and Gas Control :well designed Ventilation flow avoid the risk of methane gas. Firedamp Drainage on Retreat Longwalls: Firedamp capture efficiencies on longwall faces typically lie between 60% and 80% of the total gas on advancing faces and from 30% to 60% of the total gas on retreat faces. Alternatives and Supplements to Firedamp Drainage: There are ventilation options applicable to some retreat longwall coalfaces which can obviate the need for costly firedamp drainage. Such methods (eg. bleeder roads and sewer gate systems) are aimed at diverting gas away from working coalfaces along routes separate from those used to service the face. Goaf Flushing: Goaf flushing has been used for temporarily amelioration of firedamp concentrations in a district return but it is not a recommended gas control solution. The method is generally applied to a fully-developed goaf (ie. where sufficient goaf has been created to form a substantial gas reservoir). The ventilation pressure across a district is reduced, after men have been withdrawn, allowing high gas concentration gas to migrate forward into the return airway. Transport activities in the main return may have to be suspended. Eventually, the equilibrium between gas flow into the waste and gas flow into the return is restored, the gas concentration in the district return being at a higher concentration than before due to the reduced air quantity. On restoring the original airflow, the gas is forced into the goaf, away from the face, thus reducing the emission into the return until equilibrium conditions are once again obtained. This approach is not advised due to the uncontro lled release of elevated firedamp concentrations into airways and across electrical equipment. Methane Drainage:To produce gaseous fuel and/or to reduce methane emissions in to ventilation system its been used. Methane that is drained needs to be transported safely to the point of delivery, the infrastructure that is required to achieve this consists of the following: Pipe ranges, Monitors, Safety devices, Controls, Extractor pumps Other than all above mentioned, in individual countries they are following up rules and regulations to control and manage the risk of Methane. Here is an example UK legislation states, Electrical power must be switched off when the general body concentration of methane exceeds 1.25%. If methane concentration exceeds 2% personnel other than those associated with improving the ventilation in the area should leave the area. 10. Discuss the sources and risks associated with arsenic, mercury and cyanides. How can the risks be managed? A) mercury Sources: Natural sources: Volcanoes Volatilization from oceans Erosion of natural deposits Human Activities: Estimated to be 1/3-2/3 of the total mercury released into the environment. Sources include: Stack losses from cinnabar roasting The working and smelting of metals Coal fired power plants Discharges from mines, refineries and factories Combustion of coal and municipal wastes, industrial wastes and boilers Medical waste incinerators Pesticides Runoff from landfills/croplands B) mercury Risks: Persistence: Can change form, Cannot be destroyed Solubility: Cinnabar (HgS) is insoluble (and resists weathering); Liquid Hg is slightly soluble in water. Bioaccumulation: Hg methylation forms CH3Hg+ which is easily absorbed by organisms and biomagnifies from the bottom to the top of the food chain Bioaccumulates (concentrates) in muscle and tissue of fish and other wildlife CH3Hg+ generally increases by a factor of ten or less with each step up the food chain C) Arsenic Sources: Arsenopyrite (FeAsS) is the most common arsenic mineral in ores and is also a byproduct associated with copper, gold, silver, and lead/zinc mining. Arsenic trioxide (Fe2As3) is present in flue gases from copper ore roasting coal-fired power plants and incinerators also may release As into atmosphere. Water: average concentration is 1 ppb, but can be > 1,000 ppb in mining areas; As+5 most prevalent; many compounds dissolve in water. D) Arsenic Risks: Arsenic is a human carcinogen In humans the primary target organs are the skin and vascular system birds, animals, plants, and freshwater fish can become contaminated Toxicity in water is determined by water temperature, pH, organic content, phosphate concentration, suspended soils, presence of oxidants, and speciation E) Cyanides Sources: Can leach from landfills and cyanide-containing road salts as well as to the atmosphere from car exhaust (hydrogen cyanide gas HCN). Some foods (almonds and lima beans) contain cyanides naturally It can be produced by some bacteria, fungi, and algae Spills: Cyanide and other heavy metal pollutants overflowed a dam at Baia Mare, Romania, contaminating 250 miles of rivers, and killing millions of fish Most persistent in groundwater at higher pH F) Cyanides Risks Oral lethal dose of KCN for an adult is 200 mg Airborne concentrations of 270 ppm is fatal Long term exposure to lower levels results in heart pains, breathing difficulties, vomiting, blood changes, headaches and thyroid gland enlargement CN does not bio-accumulate in fish G) Cyanide risk Control Methods: Production: Encourage responsible cyanide manufacturing by purchasing from manufacturers who operate in a safe and environmentally protective manner. Transportation: Protect communities and the environment during cyanide transport. Handling and Storage: Protect workers and the environment during cyanide handling and storage. Operations: Manage cyanide process solutions and waste streams to protect human health and the environment. Decommissioning: Protect communities and the environment from cyanide through development and implementation of decommissioning plans for cyanide facilities. Worker Safety: Protect workers health and safety from exposure to cyanide Emergency Response: Protect communities and the environment through the development of emergency response strategies and capabilities. Training: Train workers and emergency response personnel to manage cyanide in a safe and environmentally protective manner. Daily inspection of leach residue storage ponds and tailings delivery pipelines; Incident reporting and a system of emergency procedures; Systems for data recording, evaluation, interpretation and reporting; Process technician training and awareness of potential cyanide related problems, including personal safety and impacts on the surrounding natural environment; systematic records management and documentation of animal mortalities; Incorporating cyanide management procedures into the site Environmental Management Plan which is currently being updated. H) Arsenic and mercury risk control methods: The above mentioned methods are suited to adopt Arsenic and mercury as well. However in practical world, it depends upon the harmness, will vary to importances of handling. 11. Define the purpose of ventilation in underground mines. What types of ventilations systems are common? The purpose for ventilation in mines is to dilute various forms of gases. These gases could be either a chemical hazard (as in carbon-monoxide and dust) or explosive physical hazards such as methane accumulation along the roofs of mine shafts. Ventilation systems often come in the form of, fans which control air flow stoppages and seals will seal leakages in particular to older mines Doors and airlocks Regulators which is a door with an appropriate passage to maintain air pressure gradients Aircrossings which allow suction and blowing ventilation systems to easily by pass one another and not allow for cross contamination 12. Electrical power is commonly employed in mines, what work practices would you define for the maintenance of electrical equipment? Always to be Maintained, reviewed and modified mine power supply systems. Make sure Consistently inspect machineraries and carry out tests for faults and hazards Make sure always the electrical equipment is properly viewed, so that arrange some lights near electrical equipment in underground mines to ensure to be visible. Make sure while Create procedures to ensure noise and electrical hazards; over voltages, current regulation, noise level reductions etc., are maintained to appropriate legislative standards. Without too much stress, try to provide machinery that can be moved easily that are also within legislative requirements and can supply adequate electricity Create an alternative power supply source in case of machinery breakdown which allows to do maintenance activities. For the quick identification, install proper mine cables with appropriate colour coding system. And following safety rules and regulations also makes the good work practices for the maintenance of electrical equipment. Failure to exercise caution may result in injury, so caution must be used when operating or repairing electrical equipment When performing electrical work, always use the proper protective equipment, such as: safety glasses, protective gloves, and a properly rated meter. State regulations, Australian Standards and company policies are designed to guard against electrical hazards in the mining industry. So following up those are very essential Wet conditions may corrode metal electrical components and cause their failure. Falling rock may damage an electrical cable or component. So need to avoid those kind of dangerous conditions before installing at specific places or need to take care to avoid those problems. Exercise caution to be used to use proper protective equipment when working with batteries. Because batteries could explode and cause injury or could ignite and cause fires. All have to be aware and especially all electrician properly trained to Be alert and knowledgeable of the hazards of electricity. Make sure always keeping attitude tono electrical work can be performed until the electrical circuit is knocked, locked, and tagged. Always make certain the frame ground is properly connected. No electrical work shall be performed except by a qualified person. Circuit breakers and disconnects shall be marked for identification. Circuit breaking devices or proper fuses, shall be installed to protect against short circuit and overloads. à ¼ Disconnecting devices shall be locked and tagged out. All electrical equipment shall be examined, tested, properly maintained, and results recorded as required 13. Your mine employs pipelines to convey the following: Compressed air Service water Methane Run of mine drainage water How would you ensure that each pipeline can be readily identified by a quick visual inspection? Colouring the pipes with different kind of colours may give solution to this case. Example: Blue colour for service water Red colour for Compressed air Green colour for Methane Yellow colour for mine drainage water This way each pipe is easily visualised in the mine. A sign that demarcates the colour coding system will also be necessary to clarify the colour coding system. 14. Distinguish, with the use of examples, the difference between major, chronic and minor incidents. What are the legal requirements for reporting these different types of

Oscar Mayer Essay -- essays research papers

Problem: One of the key issues faced by McGraw is that there is a large gap between his projections for next year, and what the manager’s are promising him . His goal is to obtain a 15% increase in the operating income from his division (OM, LR and NP). The managers are projecting a decrease of 5.2% from the current year. In absolute terms there is a gap of $27 MM in the projected divisions operating income. If McGraw were to keep his A&P budget the same as last years, he would save $32MM over the managers’ projections. Therefore, one solution could be to effectively use the strengths of the product lines and the A&P dollars by consolidating his sub-divisions. Analysis: Comparing the contributions and costs of the three product lines OM, LR and NP as a percentage of the total division’s numbers for the three years can give a detailed picture on the successes and failures of each sub-division, their strengths and weaknesses. This exercise lets us determine what percent of the divisions’ A&P budget is dedicated to Oscar Mayer vs. what percent of the divisions operating income comes from OM vs. LR. Louis Rich Brand Strengths are growing market segment, â€Å"health conscious† segment contributing to the rise in the operating income exponentially. However, a 33% of division’s advertising and promotional budget is being consumed for a 24% of total revenue or 14% of division’s operating income. While contribution to operating income is exponential, it is still less than 1/4th of the total divisions operating income. Oscar Mayer Brand Oscar Mayer brand has been developed over 100 years. It has a strong brand name, brand equity associated with it. It has established marketing and distribution channels. The numbers show a decline in the operating income of 18% over 3 years in part this may be due to a decrease in percentage of division’s A&P expenses directed towards OM brand. There is a question as to whether LR brand is cannibalizing OM brand. New Product Stuff’ n Burger numbers shows that a proportionately large spending on A&P is still generating no operating income. It is in the red. This points out the difficulty and expense involved in developing new brand or products. One of the key questions to ask is if the Louis Rich Brand is eating away into the Oscar Mayer’s market share? The two tables below show a decrease in the Oscar ... ...eat Oscar Mayer products. The tag line can say Oscar Mayer: offering choice and variety, fun and relaxation. Extend Product line This would require the company to reposition Louis Rich brand under Oscar Mayer Brand, without loosing its target audience, the health conscious group. (Both division can leverage off of the well reputed brand name Oscar Mayer.) Introduce repackaging, ready to eat lunches – including red and white meat variation. The focus here would be convenience for working people and enjoyable for kids. Pricing Strategy Running a sales promotion offering two for one package deals. Can sell white meat products via vending machines at health clubs and give free Samples to women. Cutting price of Oscar Mayer products in order to gain more market share and become more in line with the market competition. Products from Oscar Mayer and Louis Rich under the Oscar Mayer umbrella would need to be priced competitively with products from Smithfield, Ball Park, Hillshire Farms, Butchers, Tyson, Carl Budding and Kellogg’s etc. Russell Winer. Marketing Management 2nd ed. Prentice Hall, 2004. ISBN 0131405470. Custom Business Resources. Prentice Hall, 2005. ISBN 0536921288.

The Unrecognizable Role in a Family Essay -- Literary Analysis

It is extraordinary to see how much the world has prospered through the ages. History means the period of time after writing was invented. It is seen through many of history’s works such as Romeo and Juliet, the everlasting story of love, and even through the eighteenth century’s SNL in Gulliver’s Travels. These classics define the meaning of history, but one novel that is easily forgotten with many others is The Grapes of Wrath by John Steinbeck. In his novel Steinbeck establishes himself as a true futuristic thinker. Steinbeck borrows straight past the abolition of slavery and harks upon the equality of human rights. Essentially, in a time of a failing economy, it is first expected that there is a minimum sense of hospitality with the basic needs (food, water, and shelter), and are seen through the mercenary minor characters in Steinbeck’s novel The Grapes of Wrath. Steinbeck suggests a radical difference in the Joad family to the rest of the world. This dissimilarity in the main characters of the novel is a benchmark of people should be like in the Dust Bowl era. Before the Joad Family began their journey, the individual roles had merely begun to open up, and much of the importance of the characters was not yet realized. Pa Joad is a good, thoughtful man, and he plans the family’s trip to California with great care and consideration. This serves as one his only leadership roles throughout the novel. The stereotypical Man of the family in this era is found in Pa only in the beginning of the novel. â€Å"Who’s there? Tom intimidated by his bulging powerful muscles† (Steinbeck 71). This leadership role is later transferred to Ma Joad slowly throughout the novel with events such as the journey through the desert. The changing of role... ...n nobody travel back east, and the ragged man that the Joads meet at the campground confirms this fear. Even worse than a crowded labor market is the fact that the presumed opportunities because jobs are a fraud; inducing too many workers in order to drive down wages. The ragged men even suggest that the Joads will face a worse fate in California than they did in Oklahoma. Steinbeck really highlights the imperfect world that tags along with the Dust Bowl. It can definitely said that Steinbeck can be seen as a futuristic thinker as well as a hopeful author. By placing the imperfect world in our minds as the environment in the Grapes of Wrath, he allows a little light to flourish from the Joad family that symbolizes the perfect world. Much like Ma Joad’s leadership over Pa Joad the perfect world has overtaken the inhospitality or imperfect world in today’s society.

Malignant Melanoma Essay example -- Malignant Tumors, Nursing

Definition Malignant melanoma is a type of cancer arising from the melanocyte cells of the skin. The melanocytes are cells in the skin that produce the pigment melanin. Malignant melanoma develops when the melanocytes no longer respond to normal control mechanisms of cellular growth and are capable of invasion locally or spread to other organs in the body (metastasis), where again they invade and compromise the function of that organ. Description Melanocytes, embryologically derived from the neural crest, are distributed in the epidermis and thus are found throughout the skin. They produce a brown pigment known as melanin and are responsible for racial variation in skin color and also the color of moles. Malignant degeneration of the melanocyte gives rise to the tumor, melanoma, of which there are four subtypes. These are: superficial spreading, nodular, lentigo maligna, and acral lentiginous melanomas, accounting for 70%, 15% to 30%, 4% to 10%, and 2% to 8% of cases, respectively. Malignant melanoma may develop anywhere on the body. In men, it is most common on the trunk. In women, it is most common on the back or legs. The subtype also may influence where the tumor develops, lentigo melanoma is more common on the face while acral lentiginous melanoma is more common on the palms of the hand, soles of the feet, or in the nail beds. The locally invasive characteristic of this tumor involves vertical penetration through the skin and into the dermis and subcutaneous (under-the-skin) tissues of the malignant melanocytes. With the exception of the nodular variety of melanoma, there is often a phase of radial or lateral growth associated with these tumors. Since it is the vertical growth that characterizes the malignancy, th... ...r, et al. "NRAS and BRAF Mutations Arise Early During Melanoma Pathogenesis and Are Preserved Throughout Tumor Progression." Clinical Cancer Research 9 (December 15, 2003): 6483–6488. Rockmann, H., and D. Schadendorf. "Drug Resistance in Human Melanoma: Mechanisms and Therapeutic Opportunities" Onkologie 26 (December 2003): 581–587. Weinstock, Martin A. "Early Detection of Melanoma." JAMA, The Journal of the American Medical Association 284 (16 August 2000): 886. Whiteman, D. C., P. Watt, D. M. Purdie, et al. "Melanocytic Nevi, Solar Keratoses, and Divergent Pathways to Cutaneous Melanoma." Journal of the National Cancer Institute 95 (June 4, 2003): 806–812. Other Cancer Resource Center American Cancer Society. [cited June 20, 2005]. . Melanoma Patient's Information Page. [cited June 20, 2005]. . National Cancer Institute. [cited June 13, 2005]. .