OPIUM essays

OPIUM papers Opium is an unpleasant, yellowish-earthy colored, emphatically addictive opiate sedate arranged from the dried juice of unripe cases of the opium poppy and containing alkaloids, for example, morphine, codeine, and papaverine. It is potentially one of the most adaptable medications known thank to its rule dynamic fixing, morphenine, opium stifles torment, produces joy, incites rest and lessens trouble. In the long history of opium use the world over, individuals looking for rapture and prosperity have figured out how to actuate opium and its subsidiaries into the body inside and out; notwithstanding being smoked, it has been tanked, eaten, sniffed, scoured or infused. Whatever means is utilized to expend opium routinely is to chance fashioning a practically unbreakable and destructive bond. Opium is one of the most addictive and crippling substances on earth, the opium someone who is addicted or the individual ward to opium has been called slave, monster or apparition. In the nineteenth century, opium was the prime fixing in endless quantities of patent meds that were utilized to calm crying infants, quiet frayed nerves and reestablish wellbeing to millions. Today, opium is delegated an opiate, or sedative which are a gathering of painkilling drugs that produce a casual illusory state; modestly high portions regularly incite rest. With sedatives there is a blurring of cognizance without the total surrender, faltering, and slurred discourse delivered by liquor and different depressants. Customary utilization of any of the opiates can prompt a withdrawal condition diverse that of depressant and described by loose bowels, spasms, chills and bountiful perspiring. The reason for this paper is to additionally characterize opium the poppy and the negative just as beneficial outcomes of this medication. I will likewise endeavor to recover the long history of the medication and the utilization of opium and incorporate a concise outline of the notorious Opium Wars. I will close my paper with the historical backdrop of laws against opium and dr... <!

When I, Like Most People, First Read This Poem, I Saw The Theme As An Essay Example For Students

At the point when I, Like Most People, First Read This Poem, I Saw The Theme As An Essay discretionary demise of a little youngster that could have been effortlessly maintained a strategic distance from. One pundit composed that, the topic is the vulnerability and eccentrics of life A kid who is now accomplishing a keeps an eye on work and gives each guarantee of having a valuable life in front of him is out of nowhere cleared out. (Laurence Perrine, Sound and Sense: An Introduction to Poetry). While this investigation fits very well cursorily, I trust it to be deficient and ailing in adequate profundity. Robert Frost portrays his composition while being met, and stated, These sonnets are written in anecdote, with the goal that an inappropriate people wont comprehend, thus will be spared.? After this is an analysis on a man who, similar to the sonnet, gives off an impression of being basic, yet really implies a basic multifaceted nature. Subsequent to considering, and reconsidering my analysis on this sonnet, this young men life wasnt taken, however given by the kid hims elf. Maybe this was not a deliberate demonstration, yet rather a Freudian slip, He more likely than not given the hand. We will compose a custom article on When I, Like Most People, First Read This Poem, I Saw The Theme As An explicitly for you for just $16.38 $13.9/page Request now Robert Frost exemplifies this buzz-saw nearly as a sort of creature or mammoth from the absolute first line of the sonnet, The buzz-saw growled and shook in the yard. At that point proceeds to portray Five mountain ranges one behind the other/Under the nightfall far into Vermont. and afterward emphasizes the savage growling and shaking of the buzz saw. This appears to unmistakably isolate the kid, and the buzz saw from nature. While the buzz saw is represented with creature qualities, it is anything but difficult to see the ?enormous kid? as a human machine that carelessly takes care of wood to it throughout the day. The dusk proceeds and this kid and everything except those that lifted their eyes proceed with their work with a mechanical lack of interest to the signs that day was everything except done. I feel this is by all accounts the point of convergence of the story. For what reason was this kid being worked throughout the day? Truth be told Frost appears to beg them, Call it d aily, I wish they may have said. Here Frost is bringing up the depravity of working a kid throughout the day, and afterward not in any case giving him the half hour/That a kid tallies so much when spared from work. One might say this kid is a captive to efficiency and fiscal advancement. This young men life is in a jail whos dividers are profitability and industry, a great life for him is viewed as a gainful life, ?No more to expand on there. What's more, they, since they/were not the one dead, gone to their issues.? This thought of adolescent persecution additionally shows up as the young men sister. She has no uncertainty gone through the entire day in the kitchen cooking, when, His sister remained adjacent to them in her cover/To disclose to them Supper. At that point after the mishap, he doesn't speak to his mom or father, however to his sister to spare his hand from the specialist. I accept that he believes he has a cling to his sister, since she realizes what he has been experiencing. At the point when she came and revealed to him that it was dinner time, the vast majority would feel this is something worth being thankful for, however to this kid while it might imply food, it likewise flags that his day is finished, and that what extra time he may have been seeking after was presently gone, ?the saw, As if to demonstrate saws recognized what dinner meant,Leaped out at the young men hand, or appeared to jump He more likely than not given the hand. Anyway it was,Neither denied the gathering. Be that as it may, the hand!The young men first clamor was a remorseful giggle,. .u6244b8cb514bac7d1fa032198d2b6000 , .u6244b8cb514bac7d1fa032198d2b6000 .postImageUrl , .u6244b8cb514bac7d1fa032198d2b6000 .focused content region { min-tallness: 80px; position: relative; } .u6244b8cb514bac7d1fa032198d2b6000 , .u6244b8cb514bac7d1fa032198d2b6000:hover , .u6244b8cb514bac7d1fa032198d2b6000:visited , .u6244b8cb514bac7d1fa032198d2b6000:active { border:0!important; } .u6244b8cb514bac7d1fa032198d2b6000 .clearfix:after { content: ; show: table; clear: both; } .u6244b8cb514bac7d1fa032198d2b6000 { show: square; progress: foundation shading 250ms; webkit-change: foundation shading 250ms; width: 100%; mistiness: 1; change: obscurity 250ms; webkit-progress: haziness 250ms; foundation shading: #95A5A6; } .u6244b8cb514bac7d1fa032198d2b6000:active , .u6244b8cb514bac7d1fa032198d2b6000:hover { murkiness: 1; progress: darkness 250ms; webkit-progress: murkiness 250ms; foundation shading: #2C3E50; } .u6244b8cb514bac7d1fa032198d2b6000 .focused content region { width: 100%; position: rela tive; } .u6244b8cb514bac7d1fa032198d2b6000 .ctaText { outskirt base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; content embellishment: underline; } .u6244b8cb514bac7d1fa032198d2b6000 .postTitle { shading: #FFFFFF; text dimension: 16px; text style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u6244b8cb514bac7d1fa032198d2b6000 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; fringe: none; outskirt sweep: 3px; box-shadow: none; text dimension: 14px; textual style weight: striking; line-stature: 26px; moz-outskirt range: 3px; content adjust: focus; content design: none; content shadow: none; width: 80px; min-tallness: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/straightforward arrow.png)no-rehash; position: supreme; right: 0; top: 0; } .u6244b8cb514bac7d1fa032198d2b6000:hover .ctaButton { foundation shading: #34495E!important; } .u 6244b8cb514bac7d1fa032198d2b6000 .focused content { show: table; stature: 80px; cushioning left: 18px; top: 0; } .u6244b8cb514bac7d1fa032198d2b6000-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u6244b8cb514bac7d1fa032198d2b6000:after { content: ; show: square; clear: both; } READ: Essay On Client Threaten A Lawyer If He Lose The Case There are numerous hints to show why the kid gave his hand, yet didn't plan to slaughter himself. At the point when Frost composes ?Neither denied the gathering this is a conspicuous hint. The what tops off an already good thing however is the young men response to his warmly greeting the buzz saw. It isnt an amazed shout, or a cry, or even a swear word, yet a ?regretful giggle,? which clarifies the young men genuine goals. I dont accept that the kid intentionally gave his hand to the mammoth, yet rather it was subliminal. Any individual who has labored for a who le day with a growling mammoth, with no psychological help more likely than not considered what might occur on the off chance that I incidentally slipped and? what's more, the consideration that would be given when they all observed what had occurred, and the regret they would all vibe for having him work throughout the day. This sonnet integrates with Frosts own life, when discussing his ?most loved girls passing (from fever in the wake of conceiving an offspring), ?I wish I hadnt this woeful doubt that around the end she came to despise something in the existence I had given her.? Furthermore, the title of this sonnet is taken from Shakespeares Macbeth, after Macbeth learns of his wifes passing. Out, out, brief light! Lifes yet a mobile shadow, a poor player, That swaggers and frets his hour upon the stage, And then is heard no more. It is a story Told by a dolt, loaded with sound and rage, Signifying nothing.?I imagine that the sound and fierceness in this sonnet is the buzz saw that sets a consistent and hawkish tone, growling and shaking, and appearing to mean nothing. Also, the title of this sonnet, ?Out, Out-? is in itself a piece of information to the disaster here. Ice decides to forget about the ?brief flame? since this was only a kid, and had not yet experienced life and its organic products. The light hadnt even been lit at this point. This is a really profound sonnet, that while on a superficial level looks rather straightforward, is in certainty very prophetic and profound. In addition to the fact that it deals with the futility of death, yet it likewise manages the uselessness of youngster work, and mental abuse for the sake of efficiency and industry. This sonn et could be perused as a notice to society. Or then again as an answer for building a decent life.

Drug Users and Their Experiences With Flashbacks

Drug Users and Their Experiences With Flashbacks Addiction Drug Use Hallucinogens Print Drug Users Experiences With Flashbacks By Elizabeth Hartney, BSc., MSc., MA, PhD Elizabeth Hartney, BSc, MSc, MA, PhD is a psychologist, professor, and Director of the Centre for Health Leadership and Research at Royal Roads University, Canada. Learn about our editorial policy Elizabeth Hartney, BSc., MSc., MA, PhD Medically reviewed by Medically reviewed by Steven Gans, MD on July 28, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on September 27, 2019 Claudia Burlotti/Getty Images More in Addiction Drug Use Hallucinogens Cocaine Heroin Marijuana Meth Ecstasy/MDMA Opioids Prescription Medications Alcohol Use Addictive Behaviors Nicotine Use Coping and Recovery If you have been using drugs  or spending time with drug users or people who know them, you may have heard them talking about flashbacks, and wondered what is a flashback. Flashbacks are quite a common experience among drug users, although not everyone who experiences them finds them troubling. Those that do may have Hallucinogen Persisting Perception Disorder. What Is a Flashback? A flashback is a sensation of re-experiencing the effects of a drug  after the true effects of the drug have worn off. Most often, flashbacks are used to describe the re-experiencing of the effects of a hallucinogenic drug, such as LSD or magic mushrooms. Flashbacks typically happen in the days or weeks following ingestion of the drug but can happen months or even years after the drug use has been discontinued. Sometimes, flashbacks can be intense and unpleasant and can happen frequently, even if the person experiencing them is abstaining from drug use. Flashbacks that continue to happen in this way are a medically recognized phenomenon, which is documented in the Diagnostic and Statistical Manual of Mental Disorders (DSM 5) as Hallucinogen Persisting Perception Disorder (Flashbacks). Causes The experience of flashbacks is not caused by current intoxication of a hallucinogen, nor is it caused by another mental disorder, such as schizophrenia, nor by another medical condition, such as brain damage â€" although all of these conditions may produce similar effects to hallucinogenic drugs, such as hallucinations and delusions. Flashbacks can come on unpredictably or in response to a trigger, such as tiredness, anxiety or stress. Most often, this is when they are problematic for the individual experiencing them â€" as the individual is feeling vulnerable due to the trigger, the out-of-control feeling of being on a drug that has not been consumed can be very confusing and upsetting. However, the experience of a flashback can also be self-induced, by the individual thinking about the experience of tripping on a hallucinogenic drug, and this is not generally a problem. Contrary to a popular myth about LSD, flashbacks are not the result of LSD being stored in the body and re-released. What Are Flashbacks Like? Flashbacks usually take the form of mild visual hallucinations, such as seeing geometric formations, intensified colors, and halos or trailing after-effects of images. Occasionally, people or situations may seem bizarre or ridiculous, or the person experiencing the flashback may feel disassociated. When this happens in a social situation requiring self-control, it can be embarrassing or scary for the individual experiencing it. However, flashbacks are not usually as intense or long-lasting as an actual drug experience, usually lasting just seconds or minutes, and are easier to control mentally than intoxication or a bad trip. How to Cope Having a flashback can be quite distressing, and calming or self-soothing activities can help ease the psychological discomfort that can result. Flashbacks usually subside on their own after the drug use has been discontinued, over the course of a few months. In a flashback, the person is generally aware that they are experiencing a drug-induced effect. If the person has no insight into the drug-induced nature of their symptoms, or if these experiences persist or cause significant distress, they should seek a psychiatric assessment to determine if there is another mental health issue involved, such as psychosis. Although there is no recognized medical treatment for flashbacks, a psychologist can also help to treat the anxiety that can accompany flashbacks, giving more of a sense of self-control.

The Apology By Plato s Speech - 1416 Words

The Apology by Plato is an account of the speech Socrates makes at his trial. He was charged with not acknowledging the gods that the government recognized, inventing new deities and corrupting the youth of Athens. The speech is not an apology, however, it is more of a defense. In the beginning of his speech Socrates explains that he has no experience in courts and he will speak informally. He then explains that his behavior is heavily influenced by a prophecy told by an oracle which stated that he was the wisest man. Socrates knew this couldn’t possibly be true in the traditional sense, however he concludes that the way he must be wiser than other men is that he knows that he knows nothing. Socrates thinks that his duty is to expose ‘wise’ men’s wisdom as ignorance. As a result, his actions earned him a lot of admiration among the youth of Athens, as well as a lot of contempt from the people he exposed as stupid. He explains that their anger is the reason he is on trial in the first place. Socrates then interrogates Meletus, the man primarily responsible for Socrates being on trial. This interrogation, however, is more directed at embarrassing Meletus than actually finding the truth. Socrates argues that his influence is necessary, however annoying it may be, for the state to be productive. Socrates is found guilty by a small margin and is asked to suggest a penalty for himself. Socrates jokingly suggests that he be served a great meal for being such a service to the state,Show MoreRelatedPlatos Apology, Summary, Main Characters750 Words   |  3 PagesSocrates - The protagonist of The Apology, as well as all of Plato s other dialogues. Socrates seems to be a very simple man, not having many material possessions and speaking in a plain, conversational manner. However, this seeming plainness is all a part of the ironic characteristic of Socrates method. Professing his own ignorance, he engages in conversation with someone claiming t o be an expert, usually in ethical matters. By asking simple questions, Socrates gradually reveals that his interlocutorRead MorePlatos Philosophy in Apology1375 Words   |  6 PagesPHL202H5 Plato s Philosophy in Apology Plato was known to be one of Socrates students, and knew him for over 40 years. Although Plato s version of Apology is popularly believed to be (the most accurate) historical recount of what happened in 399 B.C on the day of Socrates trial, historians cannot be sure the validity of everything he wrote. It can be argued that it is actually a philosophical work, remarking on the teachings of Socrates and his beliefs, which he stood by even until hisRead MoreWhat Are The Charges Against Socrates?1019 Words   |  5 Pagesagainst Socrates as recorded in the Apology. Is he guilty of them? Why or why not? The Apology is assumed to be the most realistic account that has been conserved of Socrates defense of himself as it was presented before the Athenian Council. It is in essential agreement with the references to the trial that occur in Plato s other dialogs. We may determine that Apology is not written by Socrates and only contains the words of Socrates that were memorized by Plato, since he was present at the timeRead MoreApology On Apology Of Socrates852 Words   |  4 PagesMarch 2, 2017 Apology of Socrates Socrates was a Greek philosopher and the founder of western philosophy. Plato was the student of Socrates who was very motivated by the life and teaching of Socrates. Plato was also one of the greatest Philosopher of ancient Greece. Apology is the actual recorded speech of Socrates by Plato, which was delivered at the trail to defend himself. Many people did not agree with Socrates, so they made several charges against him, which is recorded in the Apology. Some ofRead MoreApology On The Book Apology1308 Words   |  6 PagesThe book Apology begins with Socrates making a short speech in which he defends his innocence. He was on trial because of the two â€Å"Later† charges against him. Corrupting the youth and disbelief in Athenian gods were among the charges. Before he began his speech, he made it clear to the judges that he is not familiar with the court system and also that it’s his first time in court so that he will be speaking in his â€Å"usual manner†. His accusers warned the judges that he has a great persuasive powerRead MoreComparison Between Crito and Apology1661 Words   |  7 PagesComparison between Crito and Apology For these two articles that we read in Crito and Apology by Plato, we could know Socrates is an enduring person with imagination, because he presents us with a mass of contradictions: Most eloquent men, yet he never wrote a word; ugliest yet most profoundly attractive; ignorant yet wise; wrongfully convicted, yet unwilling to avoid his unjust execution. Behind these conundrums is a contradiction less often explored: Socrates is at once the most Athenian, mostRead MorePlato s Apology And Ralph Waldo Emerson s On Self Reliance1559 Words   |  7 PagesThrough Plato’s Apology and Ralph Waldo Emerson’s â€Å"Self-Reliance† both contend that living an unexamined life is living a life of ignorance and futility. On the other hand, living an examined life is living an enlightened life full of intelligence. I agree with Plato and Emerson’s similar ideas that without knowledge, life as it is, is not worth living. They both argue that having personal beliefs create s an intelligent society. Having knowledge allows for one to set goals and objectives to achieveRead MorePlatos The Apology Essay1530 Words   |  7 Pagesand yet they have hardly spoken a word of truth.† – Plato â€Å"The Apology† In â€Å"The Apology,† Socrates represents himself in his own trial. He boldly questions the morality of the people of court. In this report, I will be analyzing portions of â€Å"The Apology† in order to reveal the intellectuality of this text within this time frame. I will only discuss bits of â€Å"The Apologyâ€Å" on account that it is a lengthy piece. However, before discussing the speech it is important to set the scene. Socrates was bornRead MoreAnalysis Of Plato s The Ring Of Gyges 1510 Words   |  7 Pagesif you had a magic ring like the ring of Gyges (Republic, 359d)? Why be just or moral? Develop the complete answer of Socrates in Plato s Republic, through 449a. Then consider whether Plato s Socrates in The Apology would answer in a way that was any different, in substance or in tone. Your own opinion is worth a page of so, but focus on the argument of Plato s Socrates. When Glaucon attempts to argue that no difference exists between the just and unjust man, he tells the tale of the RingRead MorePlato, An Ancient Greek Philosopher1458 Words   |  6 Pages Plato, an Ancient Greek Philosopher by Carly Rittenmeyer Bible and the Ancient World Spring 2015 Plato, a Greek Philosopher, is known for his writings that impacted people in the Ancient Greek society. He was a free thinker and lived in a free city, Athens. He was taught by multiple teachers including Socrates who was frequently mentioned in his writings as the central character. Plato’s novel, The Republic, influenced the idea of government and shows

Personal Statement Mental Health - 1571 Words

Melissa Mavure Personal Statement My passion and determination to undertake study within the mental health sector dwells from the insight I have been privileged to gain in my current role as a link care coordinator, working with people who suffer from a range of ailments within the mental health spectrum; from learning disabilities, Alzheimer’s, Dementia, OCD, Autism to name but a few. I am inspired to embark on this path because I want to gain an in depth understanding within the Learning Disability and Mental Health field for example professional aspects of care, biological basis for health and well being, identifying knowledge for nursing practice, origins and expressions of Mental Health and wellbeing, I want to be able to carry out the tasks of providing care and support for people with mental in capabilities, knowing that I am doing so with the full comprehension and grasp of what each patient needs. I am interested in the subject of mental health and learning disabilities nursing because both these subject areas are of importance to me both professionally and personally. Having been born in Zimbabwe where mental health is not taken seriously or as an important issue and being raised in the UK were I have come to gain some understanding and realization on the matter of mental health, I am greatly affected when I notice how far this country has come within its education and grasp of mental illness as well as social inclusion to those with mental health issues, asShow MoreRelatedPersonal Statement : Mental Health Counselor772 Words   |  4 PagesAs a mental health counselor in training, I look forward to continuing the process of being aware of my own beliefs and biases. I also recognize that I am human and anticipate some life issues presented by clients will present challenges that I encounter. First Issue: The first life issue that would be a challenge for me is a client who has perpetuated abuse or has been neglectful to a child. The types of abuse that would be most challenging include physical and sexual abuse, albeit all forms ofRead MorePsy 496 Entire Course Applied Project1345 Words   |  6 PagesRÐ’sumÐ’s.docx PSY 496 Week 3 DQ 1 Presentation by Experts.pptx PSY 496 Week 3 DQ 2 Mental Health Disciplines.docx PSY 496 Week 4 Assignment Careers in Psychology.docx PSY 496 Week 4 DQ 1 Subfields of Psychology.docx PSY 496 Week 4 DQ 2 Personal Statements in Applications.docx PSY 496 Week 5 DQ 1 Multicultural Competency and Inclusive Excellence.docx PSY 496 Week 5 DQ 2 Communication Competency Presenting Mental Health Information.docx PSY 496 Week 5 Final Project. PSY 496 Entire Course AppliedRead MoreThe Factors That Influence Procrastination938 Words   |  4 Pages(Ferrari, BarnesSteel,2009). Some procrastinators delay tasks to seek thrill and some believe they work best under pressure. In this paper I will be examining the factors that influence procrastination. Age, gender, anxiety, education level and personal life is linked to procrastination. Procrastinators have been categorized into two categories: avoidant and arousal procrastinators. Arousal procrastinators are aroused at the last minute, eager to complete their last minute assignment. The adrenalineRead MoreThe Current Good Practice Strategies949 Words   |  4 Pagesgroup, with an illustration of different concepts and theories that will support; social and personal values, attitudes and ideology related to health and social care. This good practice guide will explore the importance of understanding the legislations and how it influences those within the organisation. Jhay’s Support Group is a service for young people aged 16-25 who has a learning. Mission Statement Jhay’s Support Group (JSG) assist those who have a learning disability by empowering them toRead MoreMediation And Race : Mediation1599 Words   |  7 Pagesdeteriorate relationships. For example, saying â€Å"You are so articulate† to an African American can be taken very offensively. I can personally attest to this situation. I have heard this almost as many times as I have been told that I â€Å"talk white†. Statements such as these can cause participants to feel judged and refrain from participating openly. â€Å"Ebonics† or â€Å"black sounds† has been the phrase used to describe this pattern of language. Often used in a derogatory way, this speech has deeper culturalRead MoreThe Department Of Veterans Affairs889 Words   |  4 PagesThe Department of Veterans Affairs (VA) is a health care system that offers programs to benefit veterans and their families. 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(i) Is Mr.Read MoreInformative Speech On Excessive Homework910 Words   |  4 PagesP classes in high school over the past 3 years. Preview your main points: I will speak about: work, mental health and school all joined together. Transition Statement- Students are very busy in college while being adults and the majority of student’s struggle finding the right amount of time to complete ones homework. Body: I. The amount of hours student’sRead MoreThe Mentally Ill O FF Ender Treatment And Crime Reduction Act Of 2004 : Problems And Prospects1321 Words   |  6 PagesChristine M. Litschgea and Michael G. Vaughn, is a research article whose focus is three-fold. First, the researchers reviewed the literature available on the components that have influenced the considerable increases of incarcerated persons with severe mental illness (SMI). Secondly, they analyzed the Mentally Ill Oï ¬â‚¬ender Treatment and Crime Reduction Act of 2004 (MIOTCRA), and evaluated if, since its inception, has reduced the problems associated with incarcerated persons with SMI. Thirdly, they offeredRead MoreBecoming A Social Worker : Rutgers University1593 Words   |  7 Pagesperson my friends would go to when something was wrong and they needed to talk. Growing up, I also experienced close family members struggle with addiction and mental health problems. I have seen how damaging these experiences can be on an individual. I have also witnessed the effects these experiences can have on family relationships. My personal occurrences have instilled in me a further desire to become a social worker. Rutgers University is a very well known and respected university. I have heard

Casefile Method †Answer to Casefile 1.1 Free Essays

MEMORANDUM 03. 01. 2010 TO: FROM: RE: Daphne Matthews Alex Associate – 4667 Memo Assignment 1: Who Does the Pastry? I. We will write a custom essay sample on Casefile Method – Answer to Casefile 1.1 or any similar topic only for you Order Now Introduction Collins was hired as Head Chef at the Marrimount Hotel and believed that this job came with the inherent authority to choose his assistant chefs, even though nothing of this was mentioned in the contract for employment. Therefore, when Crest, owner of the Marrimount, attempted to determine Collins’s assistants, Collins quit his job and went to work for the Treadwell Center. The contract It may actually be good for Collins to argue that there was no contract between himself and Crest. First, there was no detailed employment agreement, just a letter signifying the contract terms. The letter referred to itself as a contract lasting for â€Å"five years from the signature thereof. † However, presumably it was never signed and therefore never consummated. Secondly, Collins could argue that this is an agreement in violation of the statute of frauds, since it requires more than one year to perform and was not signed. Therefore, if Collins argues that he never signed nor agreed to the contract terms, perhaps he can avoid, altogether, the issues of breach of fiduciary duty and the injunction against working for a competitor. However, it seems evident that both Collins and Crest considered the agreement to be a binding employment contract. This is not merely an oral agreement to be finalized at a later date, as was the case in Tropicana Hotel Corporation v. Speer. Collins demonstrated an immediate intent to be bound by the agreement by moving to New York from Atlanta and performing for a year under the contract. Therefore, since it is likely that the court will find a five-year contract existed and the contract was breached, the question becomes who is liable for the breach? III. Who breached first? The facts are undisputed that Collins left the kitchen upon the hiring of an unacceptable pastry chef. This would likely constitute a breach of Collins’s employment contract absent any other considerations. However, as the Kansas court states: â€Å"A party is not liable for a material failure of performance if it can show that the other party committed a prior material breach of the contract; in such event, the prior breach discharged the first party’s own duty to perform. Therefore, if it can be shown that Marrimount breached its contract by preventing Collins from choosing his own assistant chefs, Collins can avoid Crest’s allegations of breach of fiduciary duty and the injunction against working for a competitor since Crest breached the contract first. II. a. Argument that Crest breached first i. Define â€Å"head chef† to determine duties The Supreme Court of Virginia stated in Neely v. White, â€Å"Before partial failure of performance of one party will excuse the other from performing his contract or give him a right of rescission, the act failed to be performed must go to the root of the contract. Therefore, Collins must show that the overruling of his choice for pastry chef and the hiring of an unacceptable assistant chef constitutes a material breach of contract. The chief dispute is over what duties are included in a position of Head Chef. The written agreement merely states that Collins will â€Å"assume the duties of head chef,† without stating what those duties are. It might be helpful to point out that the general rule with ambiguities in a contract is that the contract will be construed against the drafter, in this case, Crest. Additionally, it is helpful that Collins states in his deposition that it is â€Å"industry standard† for a head chef to select his own assistants, much like a basketball coach selects the starting lineup, not the athletic director who hired him. Typically, â€Å"when evidence of custom and usage of the trade is used to interpret a contract and the issue is disputed, summary judgment is inappropriate†¦Ã¢â‚¬  (Nadherny v. Roseland Property Company, Inc. ). It is also helpful to our case that Mrs. Stein states in her deposition, â€Å"the head chef runs the dining room. † While not acknowledging the specific ability to hire, Mrs. Stein is definitely associating Collins’s role as more managerial than Crest is claiming he had. Further, Collins was able to hire his own dessert chef without interference, creating a presumption that the hiring of his team was within his authority. More logically, this is a big hotel that was seeking Collins out because he was known for preparing gourmet meals for large groups. A Head Chef is more than a cook. They are in charge of the dining room, carefully selecting staff that can help prepare these large meals that would not be possible to create with just one person. This was a managerial or executive position as much as it was a cooking one. Crest was not just looking for a cook when they hired Collins; they were looking for a Head Chef. By taking away Collins’s ability to hire and fire his â€Å"team† they materially breached the contract to employ Collins as the Head Chef. A court will likely find such an argument persuasive and deem that Crest materially breached the contract first. ii. Reduction in duties or rank is a breach of contract Collins will want to argue that this case is analogous to Rudman v. Cowles Communications, Inc. , which is controlling authority in New York. In Rudman, an editor was hired to manage and oversee the publication of his series of books. The employer then began changing Rudman’s books without approval and took away his managerial role and oversight. The court found a breach of contract and explained, If an employee†¦is engaged to fill a particular position, any material change in his duties, or significant reduction in rank, may constitute a breach of his employment agreement. † Here, Crest will argue that the employment agreement was far clearer in Rudman, and the employer agreed upon Rudman’s authoritative role, although not expressly in the contract. Collins will want to rebut this argument by comparing an editor to a chef and looking at industry standards. Just as the court in Rudman stated that Rudman could not â€Å"be reduced to being only a productive writer,† neither can Collins, the head chef, be reduced to being only another cook. And finally, the court states: â€Å"an independent entrepreneur like Rudman would not expect and probably would not accept a subordinate scrivener’s role. † If an editor would not accept a subordinate role as a writer, then the court will likely find that an esteemed head chef like Collins would definitely not accept a subordinate role either. iii. Crest’s rebuttal Crest will point to cases like Tropicana Hotel Corporation v. Speer in an attempt to compare Collins to Speer. Crest will argue that there was nothing in the employment agreement that gave Collins the sole right to hire assistant chefs. In Tropicana the court found that Speer was not constructively discharged and Crest will argue for the same outcome. Additionally, Crest will argue that this case is more like Handicapped Children’s Education Board of Sheboygan County v. Lukaszewski. There, a speech therapist claimed health reasons for breaching her contract and leaving one job to take on another position closer to home. The court held that the danger to Lukaszewski’s health was selfinduced and that Lukaszewski did not resign for health reasons, but to take a better job. Crest will compare Collins’s actions to Lukaszewski’s, claiming there was no breach by Crest, only a breach by Collins in walking out and taking a better position where he would have managerial authority over his assistant chefs. iv. Likely outcome It is likely that the court will find that Crest breached the employment contract with Collins by hiring an unapproved member to his team of chefs, effectively converting Collins from a top-tier chef into just another cook in the kitchen. If however, the court determines that Crest did not breach the contract, then Crest will push forward with their claim for breach of contract and breach of fiduciary duty of loyalty. b. Argument that Collins breached first i. Breach by quitting before 5-year contract terminated Crest’s first argument will be that Collins breached his contract when he quit coming into work after the Hispanic chef was hired. Nothing in the contract stated that Collins’s duties included the sole ability to hire chefs, but not coming into work is most definitely a violation of the â€Å"duties of head chef† that he did possess. Thus, if Collins can’t show that Crest breached the contract first by hiring the chef without his approval, he is in trouble. ii. Breach of fiduciary duty of loyalty In Collins’s deposition, he states that he was in discussions with the Treadwell center, but not until after Crest’s hired an assistant chef and breached the contract. Thus, if Collins cannot show that Crest breached the contract first, he is also going to have to defend a claim for breach of fiduciary duty. Crest claims that Collins convinced the Casketmaker’s Convention to leave the Marrimount and relocate to the Treadwell Center. If they can prove this, they will have a claim for breach of fiduciary duty of loyalty. In Orkin Exterminating Co. v. Rathje, the court stated, â€Å"[A]n executive employee is barred from actively competing with his employer during the tenure of his employment, even in the absence of an express covenant so providing. † iii. Collins’s Rebuttal In response to Crest’s claim that Collins breached the contract by quitting, Collins should point to Tropicana. The argument is that by breaching its contractual duty to Collins, Crest constructively discharged Collins. Unlike Tropicana, in which the plaintiff failed to show constructive termination, here there is a contract that was agreed upon. Additionally, Collins is dealing with more than just trusted subordinates. Rather, Collins requires a team of chefs to prepare meals for these large groups, and it is industry standard for a head chef to control his assistant chefs. Additionally, Collins should argue lack of causation in responding to the breach of fiduciary duty claim. In Orkin, the plaintiffs could not show that defendant’s actions caused damage to the corporation. Similarly, Collins did no damage to the Marrimount because there were no statements made in competition with Marrimount. The only proof is Collins’s deposition, which states that he informed his old friend at a school reunion that he was leaving the Marrimount. There is no proof of a secret business arrangement with Treadwell and no proof that Collins desired to convince the Casketmakers Convention to relocate to the Treadwell. If Collins can show that business just followed his decision to leave, then there will not be a claim for a breach of fiduciary duty of loyalty. v. Likely outcome If the court finds that Crest did not breach the employment contract, then it will obviously find that Collins did breach by leaving the Marrimount. However, I believe it is unlikely that the court would find a breach of fiduciary duty of loyalty. There is simply too little evidence to survive a motion for summary judgment. While it is likely that the Casketmakers Convention changed venues to obtain Collins as the chef, it does not follow that Collins breached any fiduciary relationship. Remedies available to the parties a. Salary Collins would like to recover withheld salary that he earned from working in the kitchen prior to his termination. If Collins can show that he did not breach the contract or breach a fiduciary duty of loyalty, then he will obviously have no problems recovering his salary. Even if the court finds there was a breach of contract, Collins will still likely recover his salary, as the court in Prete v. Madison states, â€Å"It does not follow from the fact that a breach is material that the breacher can recover nothing for his performance. In an appropriate case, the courts have allowed a party who did not substantially perform to recover in restitution. † If, however, the court finds there was a breach of the fiduciary duty of loyalty, then Crest has a good argument to withhold earnings. In Orkin the court stated that one remedy for breach of this kind is â€Å"forfeiture of compensation by the employee during the period of breach of fiduciary duty. † Collins could still argue that he should get his salary from the period of time that he worked and was not yet in breach of his fiduciary duty. . Bonuses Whether or not Collins may recover his bonuses will be determined depending on if the court finds that Collins had a contractual entitlement to the percentage or a mere expectation. Crest will argue under Nadherny that Collins is not entitled to any bonuses after he left the kitchen, and possibly attempt to withhold bonuses from the time when he was working in the kitchen as well. It is my opinion that Coll ins would be better off not fighting for the bonuses after he left. Like many contracts, there was nothing clear in the language that dealt with a failed relationship and pursuing this claim could distract the court from focusing on salary and bonuses for time worked. Plus, it makes our client seem like he is fighting to be made whole, not just get something for nothing. IV. c. Restitution for increased salary Crest will argue under Lukaszewski that Collins will owe them the difference in salary that they will be forced to pay in order to procure a head chef to replace Collins. The court stated, â€Å"Thus damages for breach of an employment contract include the cost of obtaining other services equivalent to that promised but not performed, plus any foreseeable consequential damages. † In Lukaszewski the pay rates for teachers were set, and the school hired someone with more experience and the court still didn’t give the teacher any room to avoid paying for the increased expenses the school was faced with. It is likely that if the court finds that Collins breached his duty, he will be responsible for these damages. Collins can, however, argue that he does not owe as much as 25%. Collins’s salary was to be increased 12% each year. Thus, the additional 12% is money that the Marrimount was going to pay their head chef anyway and cannot be considered damages attributable to the breach. Additionally, Collins can argue that Crest cannot just go hire the most expensive chef and expect to recover the entire difference from Collins (Lukaszewski). d. Injunction or declaratory judgment The best way to get the declaratory judgment that Collins seeks is to get the court to rule in his favor that Crest breached the contract. If Crest breached the contract, then it cannot enjoin Collins from taking the job with Treadwell. In the unlikely event that the court does not find in favor of Collins, he still has options. Collins can point to the contract and show that there is nothing in there concerning any sort of provision not to compete. Therefore, Crest has no right to enjoin Collins from working where he chooses. V. Conclusion In conclusion, it seems likely that the court will find in favor of Collins on his breach of contract claim. Crest breached the contract by preventing Collins from hiring his own assistant chefs. Regardless of this, however, the court will likely find that Collins is owed salary for his time worked. There is no evidence sufficient to support a claim for breach of fiduciary duty and one cannot withhold salary from someone for a mere breach of contract. The issue of bonuses could go either way, but the argument is not that strong for either party. And finally, regardless of who breached the employment contract, it is likely that Collins will have not have trouble accepting the position of head chef at Treadwell, since there was no covenant to not compete. How to cite Casefile Method – Answer to Casefile 1.1, Papers

Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society Essay Example

Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society Paper Essentially Kula is a form of exchange that is carried on by communities that inhabit a ring of islands to the east of Papua New Guinea, known as the Kula Ring. The Kula consists of the giving of a ceremonial gift, which has to be repaid by an equivalent counter-gift after a lapse of time. Gifts of two kinds known as vaygua are constantly travelling in opposite directions. Travelling clockwise are 2-3 meter necklaces known as soulava. Soulava are made up of flat, round, spondylus shell discs which range in colour anywhere from red to muddy brown. Travelling anti-clockwise are arm-shells known as mwali. Mwali are made by breaking the top and narrow end of a big cone-shaped shell to form a polished white shell ring. Mwali and soulava are used as ornaments on occasions of significant importance however though usable this is not the main function of these articles. The ceremonial exchange of mwali and soulava is the fundamental aspect of the Kula. To understand how the simple exchange of two articles results in an vast, complex and deeply rooted institution one must look at every detail of this exchange which is fixed and regulated by a set of traditional rules and conventions. We will write a custom essay sample on Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Not every man who lives within the cultural sphere of the Kula participates in it. Exclusions can be local, where whole villages dont engage in the Kula, or social, where commoners of low rank in big Kula districts are refused entry into the Kula. To become a practicing member of the Kula a man must have passed the stage of adolescence, have the required status and rank, know the magic of the Kula, possess a piece of vaygua and thus have entered into a partnership. After a man enters into the Kula he will then partake in a large overseas canoeing expedition known as an uvalaku. It is extremely competitive, driven by a communitys desire to present the most and highest quality vaygua to partners in other districts, and also an individuals desire to receive and therefore display acquisitions on their return in a ceremony known as tanarere. Both a commoner and a chief enter into the Kula the same way and follow the same guidelines. Kula transactions can only be done between partners. Partnerships are entered upon in a definite manner, are life-long, and must fulfil certain formalities. The number of partners a man has varies with rank and importance. An average man will have a few partners near by, usually relations-in-law or friends. He will have one of two chiefs in neighbouring districts with whom he kulas and to whom he is bound to assist and serve in return for special liberal treatment. Finally he will have a few overseas partners which serve as allies in far-away, dangerous, and foreign districts. The cumulative effect of the rules of partnership provides a network of relationships bound together by direct or intermediate partnership. This network enables not only the exchange of material objects but also the exchange of customs, songs, and general cultural influences. The exchange of vaygua is not done freely but adheres to strict limitations and regulations. Every man must obey definite rules regarding the geographical direction of his transactions. Both mwali and soulava are not received from the same partner. Every article moves in one direction only, never permanently stops, never comes back the same direction, and takes approximately two to ten years to make a round. Since no one keeps any pieces of vaygua for any amount of time ownership is a special economic relation. A man enjoys temporary possession which allows him to draw a great deal of renown. Tribal discussions and gossip, in which feats and glory in Kula are replayed, add to the importance of this temporary ownership. It is important to see that the Kula is not a form of battering but rather gifts, where the recipient is expected to adhere to definite social customs and replace it with a vaygua of equivalent value. When an equally valued mwali and soulava meet in the Kula and are exchanged it is said that these two are married. Black magic is often used if these customs are not followed and partners are offended. When speaking about some celebrated vaygua, a native will praise its value in the words: Many men died because of it which does not mean that they died in battle or fight, but were killed by black magic. Thus the Kula is based on the Trobriand societys belief in the importance of fairness and decency.