Introduction: Research problem

How is 4G technology going to impact on commercial interactions, economic growth, and US competitiveness?

In a bid to sustain the achievements made in the era of 3G technologies and foster efforts of economic recovery, the United States of America should stay abreast with the rest of the world by deploying 4G technology in its communication infrastructure. Being a world leader in the broadband applications, companies in the United States of America enjoy the efficiencies that come alongside the platform of these technologies. As compared to other economies in the world, it has the greatest 3G subscribers. Therefore, it is true to argue the mobile broadband is of paramount importance in the United States economic growth and global competitiveness. That is the reason why most policy makers are considering this technological frontier as one of the influential aspects of economic growth.  The far-reaching effects of 4G technology cannot be neglected in most businesses. In the same magnitude through which 3G technology transformed the way of doing business, 4G technology is bound to take the business a notch higher (Tuttlebee, 2005).

Mobile broadband successes attained through the glamour of 3G have established a platform through which 4G will scale greater heights in fostering business performances. Therefore, efforts to maintain and expand emergence of 4G technology within the economy should be encouraged. The foundation established by 3G has created a firm ground through which 4G will advance.

The investment on 4G networks is likely to be in the range of between $23 and $53 in the period between 2012 and 2016. The investment in the 4G technology mobile broadband stand high chances of spurring American performance in the international scramble to exploit the possibility of this innovative infrastructure. This will end up benefiting the national economy due the huge expenditure by wireless companies, suppliers and employees of these organizations. The growth of these organizations will have a direct impact in business scope (Mumford, 2010). The scope of this paper will limit the focus on these weaknesses to how the growth and development of 4G technology may be detrimental to economic growth, commercial interactions and competitiveness of the United States.

The evolution and popularity of mobile communication devices like cell phones, laptops and personal Digital Assistants have revolutionized mobile applications through fast growing networks. A myriad of applications associated to these applications for end users offer unlimited options for sharing and transferring information and data.  The latest development in mobile network is that of 4G whose deployment is poised to have far-reaching consequences on various aspects of life including business, entertainment, sports, marketing and health care among others. These developments are further enhanced by multimedia communication brought about by World Wide Web (August, Hansen, & Shriver, 2001).

This inquiry seeks to establish the possible impacts that will come alongside 4G technology in shaping commercial interactions, economic growth and economic competitiveness of the United States of America. It seeks to ascertain these facts by reviewing what others have said about the topic. By the end of it, there should be a comprehensive knowledge to make a conclusion about the imminent impact of 4G technology.

4G mobile broadband is capable of supplementing other fixed broadband as a way of incorporating marginalized factions in the mainstream economic activities. This ends up serving the general public interest and thus increasing competitiveness (Rao, Weber, Gollamudi, & Soni, 2009). It achieves this by decentralizing the power of information from the traditional information holders to anyone who has an access to mobile broadband powered by 4G technology. This will solve the vicious problem of some disadvantaged markets like those of minority groups, rural dwellers and locations with little or no broadband connectivity. For low-income populations, deployment of 4G technology is capable of sufficiently solving the problem that holds back employability because mobile wireless devices are affordable and easy to operate that desktops and laptops (Raj, Ravichandiran, & Vaithiyanathan, 2010). Furthermore, 4G avails more functionality options than what 3G does. In this regard, the U.S. economy will benefit by unlocking opportunities, which could have been foreclosed by inferior communication infrastructure.

Collins (2010) argues that mobile operators have been forced to work together due to an upsurge in smart phones uptake resulting in an increase in data transmitted through their networks. They have been bracing themselves for 3G consolidation as they prepare for a shift to 4G technologies. However, the NGMN Alliance is skeptical about the cost implications of switch from the current 3G technology to revolutionary 4G mobile broadband. This condition calls for partnership amongst the operators thus creating a competitive merger in the communication sector (Collins, 2010).

Among the many applications occasioned by 4G mobile broadband is the ability of users to search the web using mobile phones. Web search through a device like a mobile phone has associate problems. These problems are associated with the insufficient interface. Since the displays of current devices are limited, search results cannot be examined effectively in an attempt to explore the relevant resources. This limitation may end up reducing the popularity of this application whose stake in GDP growth is substantial. This implies that there will be a drastic shift in the entire United States economy.

If the United States moves swiftly in deploying 4G networks, the country’s entrepreneurial innovation businesses are going to capture these opportunities before other nations catch up. Thus, enhancing commercial interactions in a manner that prompt job creation and productivity. Support for the suggestion that timely deployment of 4G networks is able to stimulate market response and worthy cycle of investment is evident in the improved features of 4G technology together with cloud infrastructure and developments in other related areas like chip manufacturing, micro sensors, and displays. These avails the foundation for creation of new devices and services that will go a long way in changing the manner in which organizations, individuals and households function (Bienaimé, 2010).

The motivation and structures for developing these new devices and services is already established by 3G era, which saw entrepreneurial innovation ecosystem assume a new shape. Since the developers are increasingly becoming capable of renting cloud computing, they are able to analyze new 4G applications, solutions, content, and business models quickly and cheaply. The new services and devices occasioned by the improved features of 4G networks and associated technologies promotes commercial interactions among organizations, people and machines. As the 4G mobile broadband deployment gets underway, it can allow interactions that are more similar in ways that are more efficient. Raising the standards of communication, business transactions, and innovations are the possible results of 4G broadband deployment. These aspects of the economy will translate to improving productivity and eventual increase in Gross Domestic Product.  The ease at which information will be relayed between various business quarters makes it easy to transact business in what was once a reserve of a few. The improved efficiency and quality of conveying information can improve employment rates by stirring demand and formation of new businesses. This will culminate in strengthening the United States economy, as well as its global competitiveness.

The global competitiveness that come alongside 4G broadband technology  can only be achieved and maintained if policymakers strive to pursue similar approach as that realized in 3G where the government is committed to creating an enabling environment to the creation of market based developments. The level of success attained by 3G mobile broadband shows the effectiveness of an advance where the government in keen on enhancing potential high-tech wireless infrastructure through the creation of conducive environment where technological innovation can flourish. The most important requirement is that of ensuring enough spectrum supply and enabling market forces to take charge of market mechanisms (Hallam-Baker, 2006). In the next 10 years, the Federal Communications Commission and Commerce Department are working together to avail 500 megahertz of spectrum for the innovative mobile broadband technologies. Although the spectrum supply may not be sufficient, to keep the United States demand and supply of wireless spectrum. The growing spectrum opportunities in foreign markets open new windows through which the businesses of 4G domain may prosper globally.

The proposed improvement on current wireless technology is poised to have a new dimension of sophistication occasioned by Information and Communication Technology. In the commercial interaction frontiers, technology savvy will permeate in to the way of doing business and business communication. There is a possibility of attaining better interactions than ever before since the technology takes traditional wireless technology to new heights. High resolution and data transfers through the technology will open a new shape of business communication. An era of prompt and real time responses is imminent (Cai, Yang Li, 2010). Therefore, it is anticipated that the volumes and scope of business transactions will increase to equally unprecedented heights as the technology its self is. The ability of 4G devices to stream live communications through wireless medium is a new dimension through which marketers and sales personnel may reach their clients without physical movement (Tanwar, Singh, & Gour, 2010).


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Jaloun and Guennoun (2010) argue that although it is not yet defined clearly, 4G networks, which is proposed to support heterogeneous networks operating at 100mega bytes per second mobility data speed. Once this is attained, the transfer of information in the form of textual, verbal or video. If the wireless mobile evolution takes place in the same trend as it has been from first generation all the way to 3G, then 4G will only be better business tool if not the best. In this era where data availability and access is critical to business, taking a leadership position in 4G mobile broadband will enable American industries to enjoy dominance in a market characterized by competition and rapidly changing technology. Due to its glamorous history in wireless mobile technology, a further venture in to superior technology will hasten the pace at which the US economy has been relying on wireless technology.

International competition on the technological innovation in wireless frontiers is far from being a monopoly of the Unite States. Such nations as France, China, Korea, Japan and Singapore have resorted to adoption of national broadband plans encompassing policies and objectives designed to improve their current wire line platforms. One study reveals that more than 154 carriers in 60 nations have committed their resources to 4G deployment and test runs. Countries like Sweden and South Korea have established extensive 4G deployments (Passerini, Patten, Bartolacci, & Fjermestad, 2007). Conversely, China is a formidable force behind the development of 4G competing versions LTE and is on the lime light of pushing for technological ecosystem that may end up giving its vendors a competitive edge (Conti, 2010). Therefore, the United States stake in global 4G technology cannot underestimate the impact of global threat especially in highly conspicuous areas like mobile broadband. Nevertheless, if The United States will continue to capitalize on gains made in previous mobile broadband technologies like 3G and other inferior versions, then it will continue to scale the heights of dominance in this field.

Despite the fact that the future of 4G technology in impacting commercial interactions and fostering global competitiveness, the challenge of availing sufficient spectrum remains a challenge. Tablets, smart phones and other devices utilize the data of previous inferior cell phones thus posing a risk behind the curve in terms of satisfying the local demands. The National Broadband Plan of FCC points out that it has a staggering 50 MHz spectrum in its stock, which is just a portion of what the nation requires to meet its growing demands. This is an evident looming crisis in the sufficiency of spectrum. The commitment of the federal government in ensuring that there is sufficient spectrum to meet these demands is a true evidence of the impact in which wireless mobile technology is bound to have. However, there is no assurance that the efforts by the federal government will avert the looming crisis. Meanwhile, other nations like Japan, Germany and France are in a move to allocate more spectrum than what the United Sates is doing to commercial wireless services.

The efforts outline above by carriers, high technology industries and governments globally shows that the United States may not continue to enjoy leading position in mobile broadband anymore. The tough competition poses a threat to United States’ dominance. Whoever will secure the advantages accruing from this technology will not only enjoy substantial commercial benefits in the wireless sector but also in other economic sectors because they are interrelated. Even the effort to secure a substantive niche in global wireless market is bound to transform domestic business environment. The expenditure on global development and spectrum expansion implies that there will be modifications of GDP and employment rates.

The investment on 4G network has far-reaching effects on US economic competitiveness in a twofold. First, the speed and magnitude at which network investment is moving affects economic status of carriers, employees and suppliers. Secondly, these investments will also have an impact on personal and organizational budgets. The faster the said investment happens, the better it is for the United States, as they will take up a frontline position in mobile broadband space. This opportunity shows that there is a possibility of United States 4G network investment resulting in economic gains. Deloitte Consulting LLP predicts that the United States’ wireless traffic and associated expenditures for the period between 2012 and 2016 falls between 25 and 53 billion dollars. Although these projections are too hypothetical, they are useful in exploring the possible impact of 4G network deployment. Despite the fact that these amounts look outrageous, the impact is as well of the same magnitude. If the predictions by Deloitte happen, then the new offering will end up evoking positive responses from both domestic and global customers. The potential sizable increase in traffic will then justify the heavy investment outlay (Deloitte Consulting LLP, 2011).

The report goes on to postulate that the economic implications of the estimates above can be established accurately using industry specific multipliers. This makes it possible to predict how 4G network will shift the value of national GDP and employment rate. Since investment is a key driver for economic growth, it is from such resources outlay that an economy will increase its capital base, thus increasing productivity and global competitiveness through an increase in exports. The potential increase in exports through venture in to global space is only possible with the aforementioned investments. Therefore, if the prediction will occur as anticipated by Deloitte, then US competitiveness in international wireless broadband arena is not far from certain.

Heavy investments increase the level of employment rate, per capita income, tax revenue through the resultant increase in income base and work force. An increase in telecommunication investments raises overall capacity thus exerting downward pressure on consumer prices. The ultimate measure of the impact of these investments is the increase in GDP. To succeed in doing this, Deloitte Consulting LLP used multipliers of construction and wireless communication equipment. The two sectors are chosen because the shift in spending patterns on broadband networks have a direct impact on them. Weights used to obtain the hybrid multiplier are modified to suit the proportion of sending in the two categories. In 2009, wireless communication equipment weighting stood at 93% while construction had 7% of wireless broadband. The approach yielded multiplier factor of 2.873 suggesting that an increase in wireless broadband investments by $1 will result in $2.873 increase in the overall national GDP.  On the same school of thought, the estimated wireless broadband job multiplier from hybrid approach is 14.67. Thus for every, $1 investment in wireless broadband goes a long way in creating 15 job opportunities in the United States (Deloitte Consulting LLP, 2011).

Conclusion

From the analysis of literature outlined above, it is clear that the impact of 4G technology is considerably turbulent. It is constrained by both the amount of money invested and timeliness of executing the deployment. Whatever the amount that the players in this industry decides to invest, it is imperative that the ultimate impact has far reaching consequences on the manner in which people do business and United states competitiveness in global arena. Although 4G technology is yet to be deployed completely, interested parties have written a lot of proposals and articles concerning its potential impacts in the economic and commercial arena. This shows that there are many interests in the technology because of its impacts. With regard to commercial interactions, it was revealed that the technology would raise the level of communication due to advanced application of data transfer through wireless networks. There is no doubt that the economic growth is bound to increase If the players in the wireless communication sector will embrace 4G deployment in an equal passion as they did for 3G mobile broadband.

References

August, K. G., Hansen, M. H., & Shriver, E. (2001). Mobile Web Searching. Bell Labs Technical 

Journal, 6(2), 84. Retrieved from EBSCOhost.

Bienaimé, J. (2010). From HSPA to LTE and Beyond: Mobile Broadband Evolution. Microwave 

Journal, 534-26. Retrieved from EBSCOhost.

Cai, Y., & Yang Li, X. (2010). Online charging in the roaming EPC/LTE network. Bell Labs 

Technical Journal, 15(1), 115-132. doi:10.1002/bltj.20428. 

Collins, L. (2010). Mobile networks go self-service. Engineering & Technology (17509637), 

5(9), 58-61.doi:10.1049/et.2010.0917.

Conti, J. P. (2010). LTE vs WiMax: the battle continues. Engineering & Technology (17509637), 

5(14), 63-65. doi:10.1049/et.2010.1417.

Deloitte Consulting LLP (2011). The Impact of 4G Technology on Commercial Interactions, 

Economic Growth, and U.S. Competitiveness. New York: Deloitte. Retrieved from http://www.deloitte.com/assets/Dcom-UnitedStates/Local%20Assets/Documents/TMT _us_tmt/us_tmt_impactof4g_081911.pdf

Hallam-Baker, N. (2006). Challenges of the Evolving 3G Technology. EE: Evaluation 

Engineering, 45(4), 28-34. Retrieved from EBSCOhost.

Jaloun, M., & Guennoun, Z. (2010). Wireless Mobile Evolution to 4G Network. Engineering, 

2(4), 309-317. doi:10.4236/wsn.2010.24042.

Mumford, R. (2010). ITU Selects Next-generation 4G Mobile Technologies. Microwave 

Journal, 53(12), 45. Retrieved from EBSCOhost.

Passerini, K., Patten, K., Bartolacci, M. R., & Fjermestad, J. (2007). Reflections and Trends in 

the Expansion of Cellular Wireless Services in the U.S. and China. Communications of the ACM, 50(10), 25-28. Retrieved from EBSCOhost.

Raj, D., Ravichandiran, C. C., & Vaithiyanathan, D. R. (2010). A Comparison and SWOT 

Analysis of Towards 4G Technologies: 802.16e and 3GPP-LTE. International Journal on Computer Science & Engineering, 2(2), 109-114. Retrieved from EBSCOhost.

Rao, A. M., Weber, A., Gollamudi, S., & Soni, R. (2009). LTE and HSPA+: Revolutionary and 

evolutionary solutions for global mobile broadband. Bell Labs Technical Journal, 13(4), 7-34. doi:10.1002/bltj.20334.

Tanwar, G., Singh, G., & Gour, V. (2010). Multimedia Streaming Technology n 4G Mobile 

Communication Systems. International Journal on Computer Science & Engineering, 2(3), 695-699. Retrieved from EBSCOhost.

Tuttlebee, W. (2005). Advanced wireless communications — 4G technologies. Communications 

Engineer, 3(2), 47. Retrieved from EBSCOhost.

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Introduction

The nursing profession is undergoing dynamic and continuous evolution. During the last decade, many theories concerning the nursing career thrived following nursing notes writing initiated by Florence Nightingale (Tomey & Alligood, 2006). Conservational Theory formulated by Myra Levine in 1973 is among these emergent theories. She was born in Chicago, Illinois and lived between 1920 and 1996. Her interest in the nursing career resulted from her ill father who always needed nursing care. Levine graduated in 1944 from Cook County School of Nursing with a diploma and in 1949, acquired an SB from the University of Chicago and later on in 1962 obtained a Master’s of Science in nursing from Wayne State University (Yeager, 2002).

Levine has had a varied nursing career. Clinically, she worked on private duty as a nurse, surgical supervisor, U.S. Army nurse, and nursing director. She held faculty positions at Loyola University, University of Illinois, Chicago, Cook County School of Nursing and Rush University. Levine also filled visiting professorship in Israel at Recanati School of Nursing, Tel-aviv University and Ben Gurion University of Negev. Levine has been honored by the Illinois Nurses Association and is a charter fellow in the American Academy of Nursing. She was the first to receive the Sigma Theta Tau’s Elizabeth Russell Belford Award for teaching excellence. Furthermore, Loyola University, Chicago, granted her an honorary doctorate in 1992 (Yeager, 2002).

Background of the Theorist

Levine did not intend to develop a theory when she began writing ideas about nursing. In fact, over two years following the initial publication of Introduction to Clinical Nursing, she started referring to her work as a theory but still preferred its identity as a conceptual model. She states that she wanted to find a way of generalizing the content in the attempt to avoid a procedurally oriented educational process (Levine, 1973). Her interest was to help nurses to come to the realization that every nurse-patient contact results into a puzzle regarding nursing care, which needs an individual solution. Levine Myra’s work has advanced over the years, with the latest theory update published in 1989 and further discussions in 1990 and 1991 (Pond, & Schaefer, 1991).

Levine believes that entry into the healthcare system is related to renouncing some measure of personal independence.  Designating a client who has entered a healthcare system causes a state of dependency. She supports the term suffering due to the fact that patient means sufferer while dependency is related with suffering. Suffering makes a person to aside independence to accept another person’s services. The challenge of the nurse is providing appropriate care while upholding the integrity of the individual, honoring the care placed in the by the patient, and encouraging participation of the individual in his/her care. The patient’s trust and dependence last as long as there is a need for nurse’s services. The goal of the nurse is always to impart strength and knowledge to enable the individual to regain independence. Levine intention is for the dependency to be temporary (Levine, 1973).

In her writings, Levine credits the works of scientists upon which she built her work. She drew her discussion on physiological mechanisms upon Cannon’s description of flight and flight response. The stress theories of Selye provided additional information on protection from hazards of living. She also drew some of her work from upon Gibson’s perception systems concerning the way people get involved in collecting information from their environment to help in moving safely through these environments. The discussions of Erikson regarding the environmental influence on development provided a further expansion of Levine’s information on person-environment interaction. The description of three types of environment by Bate was also useful. Levine drew the concept of adaptation upon the works of Dubos and Cohen (Sitzman, & Eichelberger, 2009).


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Focus of the Model

Levine’s Conservational Model focuses on promotion of adaptation and maintenance of wholeness by the use of conservation principles. The model guides the nurse in focusing on the responses and influences at the level of organisms. The nurse achieves the models goals by conserving structure, energy, as well as social and political integrity. Besides, conservation, adaptation and wholeness are other critical concepts to the use of the model. Adaptation refers to the process of change, and its outcome is conservation. It is a practice where the patient upholds integrity in the environmental realities. Achievement of adaptation is via prudent economic and controlled environmental resources utilization at his interest (Levine, 1973).

Levine bases wholeness on the Erikson’s account of wholeness being an open system. Erikson states that, wholeness provides an emphasis of sound, natural and progressive harmony between differentiated parts and functions in total with the boundaries being unstable and open. On the other hand, Levine states that as an organism continue to interact with its environment, an open and fluid system is created while as a state of comprehensive health occurs when this interaction permit ease-the integrity assurance….in all life’s dimensions. This continuous, dynamic and open interaction between the external and the internal environment provides holistic thought foundation, viewing the being as a whole (Levine, 1973).

Adaptation brings about conservation. Conservation explains the functionality of complex systems on severe, challenging situations. Conservation enables individuals to face difficulty, adjust as necessary, and uphold their uniqueness. The primary objective of conservation is wellness and ability to face disability as the conservation and integrity principles hold in all situations requiring nursing. The focus of conservation is to keep the individual’s wholeness together. Though some nursing interventions can handle a specific conservation rule, nurses ought to acknowledge that there are conservational rules other than those of adaptation. (Levine, 1973).

Conservation is the primary concept of Levine’s Theory. An individual is at a conservation condition if the adaptive responses suits in changing to productivity with the little effort, while maintaining maximum identity and function. Levine Myra described Four Conservational Principles that focus on conservation of wholeness of an individual. She supported nursing as a human interaction and proposed the four principles relating to integrity and unity of individuals. Its outline consists of energy, personal integrity, social and structural integrity.

Conservation of energy: Every individual requires an energy balance there are internal and external environmental factors that may cause energy depletion. Conservation is the balancing of energy input and output in order to avoid excess fatigue through exercise, nutrition and enough rest.

Conservation of Structural Integrity: A person has to cover his/her structural integrity to function; preserving the body’s anatomical structure. Conservation of structural integrity refers to maintenance and restoration of the body’s structure to promote healing and prevent physical breakdown. For example, maintaining the patient’s personal hygiene and assisting in ROM exercise.

Conservation of Personal Integrity: Everyone has a sense of identity and self worth. Conservation of personal integrity recognizes an individual’s strive for respect, recognition, self-determination, selfhood and self-awareness. For example, recognition and protection of space requirements of patients.

Conservation of social Integrity: This involves the availability and appreciation of human interaction especially with the patient critical environment. An individual is recognized as someone who lives within a religious group, family, ethnic group and a community. For example, positioning of the patient in bed to foster social interaction and avoiding sensory deprivation (Pond, & Schaefer, 1991).

Metaparadigm Concepts

  1. Person

The “person” is a holistic being who continuously struggles to maintain the integrity and wholeness. The wholeness emphasizes on the importance of social life in the life of an individual. Furthermore, the person is regarded as a distinctive being in integrity and unity, thinking, believing, feeling and the whole system of systems.

  1. Environment

The environment makes individual’s wholeness complete. The internal environment merges the individual’s patho-physiological and the physiological features and is continuously threatened by the external environment. It is the incorporation of bodily functions similar to homeorrhesis as opposed to homeostasis. It is subject to obstacles from the external environment through energy form. Homeostasis refers to a condition of sparing energy that gives the essential baselines for a several synchronized psychological and physiological factors. Homeorrhesis refers to a stabile flow of as opposed to a stationary state.  Internal environment puts emphasis on the dynamism of transformation within a specific space and time. It describes the adaptation pattern that allows the body of an individual in order to preserve its well-being from the immense changes from the surrounding.

The outside environment consists of the conceptual, perceptual and operational environments. The perceptual environment is the external setting to which persons respond with their organs of sense comprises of sound, light, temperature, feel, smelled and tasted chemical change, position, and balance. The conceptual environment is the outside environment that comprises of symbols, ideas, language, and concepts and interventions and includes language exchange, value systems, and the ability to experience and comprehend feeling, cultural and ethnic traditions, religious beliefs, and private psychological patterns originating from life. The operational environment is the external environment that interacts with living tissue despite the fact that the individual lacks sensory organs for recording the existence of such factors and encompasses all sort of pollutants, radiations and microorganisms.

  1. Health

The patterns of adaptive change are health and disease. Health implies integrity and unity. It is a successful adaptation to the surrounding whether favorable or not. The primary objective of nursing is to advance health. Levine means health by the avenue to return to the day-to-day activities interfered by ill health. It not only repairs the injury but also the individual himself or herself. It refers to healing of the afflicted part as well as restoring the individual to selfhood and setting aside the disability encroachment entirely. The individual regains freedom to pursue his/her interests without any constraint. On the contrary, disease refers to an uncontrolled and undisciplined alteration that ought to be prevented otherwise death will occur.

  1. Nursing

Nursing entails taking part in the aforementioned human interactions. The nurse engages in human experience that leaves a permanent mark on every patient. The objective of nursing is to maintain wholeness and promote adjustment to the surrounding constraints (health). Nursing promotes wholeness by appreciating that each person requires a distinctive and separate group of activities. Since the abiding concern of the individual is integrity, it is the duty of the nurse to assist the patient in its defense and realization. The accomplishment of this nursing goal is by the application of the conservation principles: personal, social, structure, and energy integrity.

The specific adaptive responses that assist in conservation occur on molecular, emotional, psychologic, physiologic and social levels. Historicity, specificity and redundancy are the three factors that form the foundation of these adaptive responses.

Historicity refers to the notion that the basis for adaptive responses is partially personal and generic t history. Every person is made up of both personal and generic history that give rise to adaptive responses.

Specificity: This refers to the fact that every system making up a human being has distinct response initiated by stimulus pathways. Responses are task-oriented, and their stimulation is via specific stressors. Responses stimulated in multiple ways are synchronized and occur in a flow of complementary reactions.

Redundancy: This describes the perception that different pathway may take over should a particular system or pathway fail to ensure adaptation. This is useful when the response is corrective. Conversely, redundancy can be detrimental, such as when autoimmune situations cause an individual’s immune system to fight previously health body tissue (Pond, & Schaefer, 1991).

Organismic response refers to an individual’s behavior change in an attempt to suit the surrounding. It helps the individual in protecting and maintaining the integrity. There are four types of organismic responses. These include flight or fight, which is an immediate reaction to imagined or real danger, inflammatory response, which is a response for providing structural integrity and healing promotion, stress, which refers to reactions developed for a long time and affected by uncomfortable experience and finally, perceptual response which, involves gathering environmental information and converting it into a meaningful experience.

Theories Generated from the Nursing Model

Levine Myra’s Conservational Model offers the foundation for creation of two theories namely: Theory of Redundancy and Theory of Therapeutic Intention. The redundancy theory is an untested and tentative theory that redefines aging, and all other things relating to human life. Aging refers to decreased availability of redundant system that is vital for efficient preservation of social and physical well-being. The goal of the Theory of Therapeutic Intention is to look for a means of fashioning nursing interventions beyond the biological realities that nurses confront (Pond, & Schaefer, 1991).

Model’s Contribution to Nursing Research and Practice

In nursing research, conservation principles have been applied in collecting data for many researches. Hanson et al. used the conservation model to study the prevalence and incidence of pressure ulcers among hospice patients. Newport also used the principle of social integrity and conservation of energy to compare body temperatures of infants placed in a warmer with those put on mother’s chest soon after delivery. In nursing practice, there is evidence of the use of Conservation Model in different settings. Bayley used the four conservational principles in discussing the care of severely burnt teenagers. Bayley also discussed the patient’s perceptual, conceptual and operational environments. Pond used the Levine’s Conservational Model to guide nursing care of the homeless in streets, shelters or clinic (Tomey & Alligood, 2006).

Strengths and Weaknesses of the Model

The strength of the conservation model is its ability to integrate the person, environment and health with the nursing profession. This has clearly brought out the role of the nurse in restoring the patient’s state of health to enable him/her to resume the daily activities by managing the adaptive responses. The other strength in this model is the use of unique and extensive vocabulary. Levine provided adequate definitions to minimize confusion on the meaning of her ideas. The careful word selection provides clarity to the reader. The first weakness of the conservation model is its focus on illness rather than health. The theory does not support illness prevention and health promotion strategies. The principle of energy conservation only applies in bedside patient care but not in cases where there is a need for energy utilization like in paralyzed patients. The principle of conservation of structural integrity does not apply to cases where the patient seeks to compromise the structural integrity to gain psychological satisfaction and physical beauty. The nurse can also find it challenging to practice conservation of personal integrity if the patient is psychologically impaired or incapacitated, for instance, comatose and suicidal patients. The final limitation is the conservation of social integrity that can be impracticable in the absence of significant others like the case with abandoned children.

Research Study with the Using the Conservational Model

Mock et al. used the Levine’s Conservation Model in their study on mitigation of fatigue among cancer patients. The researchers used the model to provide an organizational structure for their study, to provide guidance on hypothesis development and testing and help in placing the research findings within the science context. The findings of this research found the conservation model to be useful in the inquiry on the impacts of exercise on physical functioning and fatigue in cancer patients. The four principles of conservation guided in developing exercise intervention, identifying salient outcomes for patients and selecting appropriate tools for measuring study variables. The model was also useful in analyzing and interpreting data, in association to the conservation rules (Mock et al., 2007).

Conclusion

In nurse-patient relationship, Levine believes that a patient’s status of wellness depends on the process of adaptation supported by the nurse. The Levine’s Conservation Model leads nurses to concentrate on the impacts and responses to a patient in order to uphold wholeness via these conservation principles. The model helps in the accomplishment of this focus through the conservation of energy, structure, personal integrity and social integrity. Overall nursing goal it to recognize, help, promote and support the processes of adaptation that benefit the patient.

References

Levine, M. E. (1973). Introduction to Clinical Nursing. F. A. Davis Company: Philadelphia, PA. 

Mock, V., Hall, S., Bositis, A., Tillery, M., Belcher, A.,  Krumm, S.,  McCorkle, R., & Wald, F. 

(2007). Using a Conceptual Model in Nursing Research - Mitigating Fatigue in Cancer Patients. J Adv Nurs, 58(5), 503–512. 

Pond, J. B., & Schaefer, K. M. (1991). Levine’s Conservation Model: A Framework of Nursing 

Practice. F.A. Davis Company: Philadelphia, PA.

Sitzman, K. & Eichelberger, L.W. (2009). Understanding the Work of Nurse Theorists: A 

Creative Beginning. Retrieved November 9, 2011 from http://nursing.jbpub.

com/sitzman/artGallery.cfm 

Tomey, A. M. & Alligood, M. R. (2006). Nursing Theorists and their Work. (6th ed.). Elsevier 

Health Sciences. 

Yeager, S. (2002). Overview of Nurse Theorist: Myra Levine’s Conservation Model. Retrieved 

November 9, 2011 from: http://www4.desales.edu/~sey0/levine.html 

Thesis

Atrocities committed by Japanese soldiers in the city of Nanking during the First World War left the residents and those who witnessed it in traumatized conditions. The extremes these inhumane acts are as strong as causing equal magnitude of resentment to every reader who comes through the book, “The Rape of Nanking”.

Discussion

 “The Rape of Nanking” is a book written by Iris Chang who learnt about the Rape of Nanking from her parents. This book gives details about the nature of events that occurred during the Chinese massacre. In December 1937 to March 1938, 150, 000 Japanese soldiers were licensed to capture the Chinese city of Nanking and start a campaign of rape, looting and murder. Approximately 250, 000 to 300, 000 people were killed and 20, 000 to 80, 000 women and children were raped while widespread accounts of civilians were hacked to death (Chang 6). Chang based most of her writing on several interviews, which she conducted with massacre survivors including Japanese soldiers and journalists who had witnessed the Rape of Nanking events.  As Chang gathered information on the massacre for writing the book she experienced emotional trauma that later caused her to commit suicide. This shows that the Japanese soldiers conducted massive torture and killings on Chinese in Nanking to the extent of instilling unbearable memories to the author. This essay explains the traumatizing experience associated to the events surrounding the massacre as recorded in the book, “The Rape of Nanking”. 


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No one can deny the beastly nature of the Japanese soldiers during the tragic event, not even the Japanese themselves although they have never admitted they did wrong and apologized to Chinese.  To support this fact, one of the soldiers testified later “When we were bored, we had some fun killing Chinese. Buried them alive or pushed them into a fire or kill by other cruel means,” “We stabbed and killed them,” said another, “like potatoes in a skewer. I thought then, it's been only one month since I left home... and 30 days later I was killing people without remorse.” Chang says that the number of people killed is more than those killed during the atomic bombings in Hiroshima and Nagasaki combined, and still more than the combined number of civilians killed in the World War II in Britain, France and Belgium. This must have been hard for the author to ignore. Losing the lives of this much people in three months through inhumane act shows the extent to which human beings can go in seeking to satisfy their egos.      

Chang’s emotional trauma was enhanced by the way the troop, besides the killings, performed extremely evil actions on people. She finds the experience sickening that she often felt unwell as she was writing her book. She writes that the Chinese men were used in decapitation contests and for bayonet practice (Chang 87). The soldiers went beyond rape to disemboweling women, slicing off their breasts, nailing them to walls. As if that was not enough, they forced fathers to rape their sons, daughters and mothers in front of family members. Diabolical tortures such as live burials, organ carving, castration and roasting of people became routine (Chang 6). This was a crime against humanity and therefore, the Japanese and China should reconcile otherwise the tension between them may bring worse troubles in the future. The conviction that these horrible events of the massacre have been forgotten though still fresh in Chinese memory inspired Chang to write the book. She seems to be holding an inflammatory charge that the Japanese are suppressing and denying what they did in the Rape of Nanking. In fact, she writes, “When it comes to expressing remorse for its wartime actions before the bar of world opinion, Japan remains to this day a renegade nation (Chang 15).”    

Chang interacted with people to obtain facts on the experiences of the Rape of Nanking. She came across numerous photos of the massacre and had face-to-face testimonies from survivors. Perhaps, she could not imagine that there are people who could do such terrible things to their fellow human beings. Her empathetic nature leads her to depression as she tried to explore the injustice done on the Chinese. The depression was so deep that her mental state prevented her from ending her life. Before the depression, Chang was traumatized by what she continued to uncover to the extent of trembling uncontrollably. When asleep, she was having series of similar nightmares in which she was dressed in white while being chased by Japanese soldiers.         

 Six decades after occurring, the Rape of Nanjing has come back to be a central concern of popular scholarly imaginations in such times when wartime memories are at unprecedented heights. The traumatizing effects of Rape of Nanjing are well articulated in the book and sequential literature done by those who shared similar concerns as Chang. As an evidence of its far-reaching effects, the massacre has been remembered in various multifaceted events, one of them being this book. Memories of disturbing events of the attack are too painful to be remembered by survivors who would wish to. Such post war memories were captured in vast lengths of the book (Yoshida 15). Although the book is a summary of what transpired, it is able to invoke the unavoidable feelings of resentment and trauma. It is a typical feeling of whoever went through this experience and is having a feeling of being forgotten. As the subtitle have it, “The Forgotten Holocaust”, the author succeeded in pointing out that some countries like China, USA and Taiwan have forgotten the victims. This bitterness is a factor towards worsening the already bad memories of the attack. Therefore, it is implicit that throughout the book there is a feeling of discontentment concerning what transpired in the attack to the extent of traumatizing the victims and those who get a chance of reading any documentation like this book (Brook 5). 

Works Cited

Brook, Timothy. Documents of the Rape of Nanking. Michigan: University of Michigan Press, 

1999.

Chang, Iris. The Rape of Nanking: The Forgotten Holocaust of World War II, New York: Basic 

Books, 1997.

Yoshida, Takashi. The Making of the "Rape of Nanking": History and Memory in Japan, China, 

and the United States. Oxford: Oxford University Press, 2006.

Question 1

Business is regulated by the government for many reasons such as public welfare and safety, protection of business and revenue generation. Several businesses are overseen and reviewed regularly because if their activities go wrong could have harmful impacts on human health, community structure or financial welfare. Several regulations have been placed for protecting those people who have expanded their business properly like valid license as well as no criminal record (Rutland, 2018). Several programs need licensing or certification that industries need to pay to operate their business. The funds are gathered to pay to the government programs, which carry out the omission of the particular business. On the other hand, it is acknowledged that in several cases, some part of the revenue diverts for general government, which is considered as tax (Rutland, 2018). 

In the 20th century, regulation of industry had developed at many levels of government through the commission's form. Government agencies and departments are heavily engaged. However, commissions are considered as responsive as well as board members provide approachable face to the business interests within the government.  

Question 2

A regulatory agency or regulatory body is a government agency or public authority accountable for applying autonomous power in some area regarding human activity within supervisory or regulatory capacity. The regulatory agency is generally started to implement safety and to protect the consumers in the market at the period of imperfect competition (Woods, 2018). Some of the examples of regulatory agencies are Insurance Regulatory and Development Authority (IRDA), Medicines and Healthcare products regulatory agency, Securities and Exchange Board of India, U.S. Securities and Exchange Commission and Federal Communications Commission. On the other hand, Non Regulatory agency involves agreements, services, and businesses that do not have to follow the official rules. The non-regulatory agency is also known as the Federal agency. It gives leadership globally and nationally to prevent work regarding injuries and illnesses. Several programs regarding non-regulatory are defined which are intended to complete existing regulations (Woods, 2018). As an example, the influence of Non-regulatory agency on the Pear products. The Non- regulatory agency influences businesses by offering employment by hiring several organizations to support internal processes.

Question 3

The federal agency needs to follow the rulemaking procedure to develop a new rule. The Notice of Proposed Rulemaking (NPRM) is the official document, which explains and announces the plan of the agency to address the problem or to accomplish the goal. In the procedure of Rulemaking, agency enhances “Draft Proposed Rule” after that OIRA review that draft rule. Then federal agency publishes the Proposed Rule, the agency receives the comments as well as make changes towards the Proposed Rule again OIRA review the Final draft rule. Finally, Federal agency publishes the final Rule that is Judicial Review and Congressional review. The process of rulemaking maintains the transparency and provides an opportunity to the member of public ample to offer input on content regarding the rules. The federal agency needs to generate documents regarding rulemaking planning. The documents provide notice to the public on rulemaking activity. To enhance regulations as well as to mitigate risk regarding the rules, agency involves stakeholders within the process of rulemaking. 

  Question 1

Warranty is the guarantee to the client against the services and features of the product. It is created at the purchase time as well as the sellers assure and promise that the products would work properly, and if any issue occurs, the organisation would look after the problem (LAW, 2015). Any statement regarding the value of assurance or merchandise created by the seller to buyer in respect of products and enhances the base of the agreement is also acknowledge as warranty. In the business law, a warranty means promise, not a condition of in nominating or contract term; it means not going to root of the contract. Which only designate an innocent party towards the damages if it is infringing. Warranty is a written guarantee issued to purchaser by the manufacturer. The promised has been written in the warranty to replace or repair the product at a particular time. Sellers make warranties because warranties assist in protecting the consumers on the products as well as they are the concern to the federal laws. If any seller provides an extended warranty, then it needs to protect the product above an initial agreement created between the seller and buyer. Warranty is the type of insurance and accountable to same regulations according to the state laws and the engaged parties. 

Question 2

Under state law, there are two types of warranties created by the sellers are as follows:

⦁ Express Warranties- It is an assurance that the product fulfils a certain standard regarding quality and reliability. It can be in written form or spoken by the seller at the time of dealing. Express warranty consider the following types such as statements created during the negotiation, tag on the product or sample and agreement of the sales (Nowka, 2016). Express warranties provided by the supplier affirmation to the purchaser about the products. If the product fails, then the seller will fix or replace the product, and he will not take any extra charge.

⦁ Implied warranties- Most of the consumer purchases are protected through the implied warranties for the product. It means the product is warranted to work. Such as vacuum cleaner does not produce enough suction for cleaning an average carpet, it is implied a warranty. One more example of implied warranties is that if anyone purchased the refrigerator, the fridge would process as intended. It is considered that if the fridge cannot cool accordingly, then the manufacturers do not have an express warranty, but the implied warranty will influence (Castellano, & Tolosa, 2015).

Question 3

A merchant being a businessperson deals with the commodities, which are not made by himself. Wholesale merchant and retail merchant are the two types of merchants. On the other hand, a seller is a person who sells and buys financial instruments like derivatives, bonds and stocks.  They can be professionals those work in the commercial or corporate institution. They sell and buy instruments in the commodity market, derivatives and stock markets. 

Question 4

Negotiable instrument means personal check is signed document, which promises an amount of payment to specified person or assignees. It is also considered as a formalized form of IOU. IOU is the document, which acknowledges the debt owed. The payee must be indicated or named on the instrument. A negotiable instrument is a transferable document that is signed by the authority to pay the bearer an amount of money on demand (Goel, 2019). Sometimes negotiable instruments trade on the secondary market, as they are assignable and transferable. Negotiable instruments allow the holder to utilise the cash appropriately regarding the transaction. The amount of the fund listed on document comprises notation in regards to the specific amount as well as need to be paid fully on-demand at the specified time (Goel, 2019). To make any instrument negotiable, it needs to be signed by the creator of an instrument or by the drawer of the funds. It includes bearer bonds, drafts and checks as well as few certificates regarding bank notes, promissory notes, and deposit certificates. 

Question 5

The transferring act of ownership regarding the negotiable instrument towards the other party is called Negotiation. If the owner owned the instrument, then he/she can negotiate the instrument. The owner can negotiate a “negotiable instrument” by signing on back of the instrument and deliver it to another party. A signature made by the owner on the back of an instrument before the delivery is known as an endorsement (Volkema & Kapoutsis, 2016). Once a negotiable instrument transferred through negotiation to parties, then these parties can acquire rights towards the instrument. Parties who receive the rights preferable to those of real owner are acknowledged as holders in due course. It is primarily this feature regarding the transfer of preferable rights, which provides negotiable instruments with an extraordinary classification (Volkema & Kapoutsis, 2016).

Question 6

Demand instrument is the document, which provides a written statement by the drawer to the drawee for paying a specified amount.  A negotiable statement payable on presentation with no specific time is also known as demand instrument. In this instrument, payment requires to be claimed before the supply of the product (Putra, Sabrie, & Thalib, 2018). Demand instruments usually regarded as payable at any time on the demand of the bearer. Some of the examples of demand instrument are bills of exchange and promissory notes. Demand instrument is the classification of Negotiable instrument. 

Question 7

The seven requirements of the negotiability are followed:

⦁ It should be written as well as signed- Under the section of UCC 201, writing or written comprises typewriting or printing. As these are the tangible material, so the checks fulfil the requirement of the written statement (Volkema & Kapoutsis, 2016). 

⦁ Drawer or maker must sign the written paper- “Any symbol adopted or executed by the party with the current intention to validate writing” would serve under the UCC  Section 1-201(39). It means that drawer or maker can compose an impression of self-signature with the rubber stamp. It could be thumbprint or typed. A suitable letterhead can offer to create the draft or note negotiable exclusive of another signature. Additionally, the signature might be in assumed name or trade name. It needs to be considered that particular problems happen when the negotiator signs on behalf of the principal.  

⦁ It should be an unconditional promise- UCC section 3-106 states that if an instrument expresses condition for paying, then it is not considered as negotiable. Under the UCC section, 3-106(b) the promise will not consider because of limited payment to alternate towards a particular source or fund. The only acceptable order or promise in the negotiable instrument is to pay the decided money. To achieve an indeterminate value instrument often become prevented as per the stated rule (Volkema & Kapoutsis, 2016).

⦁ It should be a fixed amount regarding money- The instrument should call for payment. It needs to be “national medium of exchange” which is legal tender when payment placed. Therefore, it can be billed in rubles, pesos, pounds, Euros, yen and dollars.

⦁ It should be paid on demand at a definite time- An instrument fulfils the negotiability test on specific time if it is to be paid on the demand (demand note) or sight (sight draft).

⦁ It should be payable to bearer-. Negotiable instruments allow the holder to utilize the cash in an appropriate manner regarding the transaction. The amount of the fund listed on document comprises notation in regards to the specific amount as well as need to be paid fully on-demand at the specified time (Volkema & Kapoutsis, 2016).

⦁ The drawee and payee should be designated to the reasonable certainty- When a negotiable instrument is payable "to order," the bearer should be so named so that the particular party could be recognized with the reasonable certainty. 

  Question 8

A draft includes a pay order such as check or trade acceptance. The word order means the instrument does not consider as limited to only an individual. Moreover, the payee of an instrument could designate anyone to receive a payment. It usually needs a recognised person to sign an instrument.  Paper becomes bearer after the signing of an instrument (Goel, 2019). It is acknowledged that if the note is created for paying a specified person without “order”, it is not considered as negotiable. Therefore, if any draft does not include the word “order”, then it is considered as non-negotiable. 

Question 9

A reference towards the deliberation in the note, which does not state the promise, therefore cannot destroy negotiability. The article, “This note is provided in the thought of a typewriter purchased today,” cannot state the promise of the maker to pay. If the article interprets, “This note is provided in the thought for typewriter assured for ninety days, breach regarding warranty to comprise cancellation of note,” an instrument will not be then negotiable (Blums & Weigand, 2016,). This promise for paying is not considered as absolute, but as conditional. Also, if the presentation of the reflection is in such type to formulate the instrument matter to another contract, then the instrument’s negotiability being destroyed. Therefore, a few references towards a separate agreement, which the instrument occur out of separate agreement cannot build the order or promise conditional (Blums & Weigand, 2016). On the other hand, if an order or promise reveals that it is matter to or regulate by other agreement, then it is considered as conditional.

Question 10

The promissory note is the legal negotiable financial instrument that is issued by one party (drawer). It is a duly written and signed instrument that promises to pay a sum of money unconditionally to any other person (drawee) either at a fixed date or on demand of the drawee. Therefore, the primary parties in a promissory note are the drawer and the drawee.

Drawer: The drawer or the issuer is the person who makes the promissory note. The drawer is accountable to make the note and promises to pay a certain amount of money. Therefore, he is also called the debtor or promisor. The promissory note can be created to pay mutually, where the amount is divided by the figure of drawees(Christoff, 2016).

Drawee: The drawee is another primary party in a promissory note who receives the money from debtor and thus, the drawee is also called the creditor. 

Hence, the Drawee and the Payee could be a different person in case the amount is ordered to be paid to another person by the drawee. The drawee transfers the amount to another person, and the payee becomes different(Christoff, 2016).

Question 11

Bond: A bond is a written and sealed contract from the institute that borrows the money for repaying to a company, a corporation or to the government. It comprises a promissory note to pay the interest against the debt in regular instalments (Llewellyn, 1944). 

Collateral note:A collateral note is a promissory note that is protected with personal property. The note promises the specific property or resource for repaying an outstanding loan. The note is used for a mutual financial contract (wiseGEEK, 2019).

Real estate mortgage note:These types of mortgage notes are the kind of promissory notes, which are secured by a real estate property. The note promises for repaying the loans that were used to buy realestate properties in legal documentation. The note defines the terms of repayment, interest and duration(Ambrose,Sanders&Yavas,2016).

Debenture:This is a note or bond that is not secured by any asset. The money is transferred by payments on purchaser loans. This is used for long-term loans which need repayment in a fixed date. There is no collateral for it; thus, the unsecured notes and bonds are called debentures (Leong& Sung,2018).

Certificate of deposits: This is a short-term security deposit with a fixed rate of interest. The maturity date is issued by a bank, and the bank acknowledges for the receipt of money with the agreement of repayment(Llewellyn, 1944).

Question 12 

The time draft is used for international trading. This is a kind of credit that allows the trader a delayed payment after the acceptance of the goods or export shipments. The exporter or trader often receives an order from unknown importers who can only apply for the acceptance of a bank for payment (Laryea,2001). Therefore, the time draft is delayed to hold the payment until the date is specified for the importer to receive orders and confirmation. After the acceptance of goods, the exporter receives payment from the financial establishment of the bank and the importer.Therefore,it is must the time draft payable a specified amount of times after the assetsare presented for acceptance because the due date is calculated after the goods or assets are verified and accepted by the buyer. Hence, it allows for the delay but needs immediate payment after the specified time(Hopkins, 2017).

 Question 13

In simple words, the indorsement is the signature of a person on any of the negotiable instrument. The instruments could be a promissory note or a cheque.This is the act of the drawee or the creditor, a bill holder, in signing his or her name in the back of the same instrument, whereby the assets in the same is assigned and transferred by someone other.(Ashcroft & Ashcroft, 2010)Indorsement is a kind of negotiable instrument,which are impacted by the transfer of rights that are represented by the specific instrument to an individual. In the process of indorsement,the payee or the owner of the instruments writes his or her name in the back of a bill, note, draft or cheque to make it payable to another person or make it cashable by other people. This could be made after a definite direction, which is a qualified endorsement. Indorsement without any designation for a specific drawee is called a blank endorsement that makes the instrument payable to the holder (The Law Dictionary, 2019).

Question 14

In its literal term, indorse or endorse defines the meaning of “on the back of,” therefore the indorsements are usually placed on the back of any instrument. But in its formal placement, an indorsement could be placed on an extra piece of a formal paper, which is affixed with the main instrument. The attachments are called “allonge”as it comes along with the instruments(Ashcroft & Ashcroft, 2010).

Placement of Indorsement

(Source:"Indorsements", n.d.)

There are some definite rules for placing the indorsements. The “Expediated Funds Availability Act, 1987” passed for the commercial banks to regulate the use of institutions for deposit holds. The specific criteria have been made thereby to improve the fund transfer and accelerate the cheque returns. The indorsements need to be made within one and half inches of the left edge on the back of the cheque and the remaining space will be used for a blank endorsement.The indorsement is supposed not to interfere the magnetic characters, which is the MICR code on a cheque or draft, thereby prohibited on the front side and uses the back or an allonge("Indorsements", n.d.).


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Question 15

This is very often; negotiable instruments are issued to multiple payees. Therefore, there are different rules regarding the indorsement. The rules depend on the precise language used for naming the payees in the instrument. 

If the payees are named and separated using “And” between the names, in that case, the instrument is payable mutually. “And” refers to each member in the list, and not a specific one. Therefore, all payees need to indorse the instrument on its back, to negotiate it. Neither of the payees can exchange the instrument on his/her own(Ashcroft & Ashcroft, 2010).

If the names are listed using “Or” between the names, the instrument becomes negotiable by anyone of the enlisted parties. Each member plays an alternative role for others to negotiate. Therefore, anyone of the enlisted parties can indorse the instrument to exchange it.

If it is not clearly mentioned whether the instrument is payable mutually or alternatively, the bank can decide the procedure of indorsement. Generally, this kind of instruments is understood to be payable alternatively(Ashcroft & Ashcroft, 2010).

Question 16

The uniform commercial code, basically known as UCC, does some imposition on parties to negotiable instruments under its some factors (Goldberg, 2018). The imposition of liability depends on the role of the party as a maker, the nature of paper, transferor, acceptor and satisfaction regarding individual needs. The above factors generally conducted by the holder of the negotiable instrument (Williams, 2017).

Question 17

The secondary liabilities rely on the negotiable instruments that are not obliged to pay unless it's get dishonored and presented for the transaction. It can be said that some conditions are required to meet for the party to be held the secondary liable (Goger, 2017). The conditions include:

⦁ The dishonored instruments

⦁ The instruments need to present appropriately for the payment

⦁ The notice regarding dishonored should be given to the particular party to be held the secondary liable

⦁ The notice of dishonored needs to maintain the timing

The negotiable instruments are underlying the conditions of presenting proper payment from the acceptor. As per the issues regarding the basic rule of negotiable instruments, the secondary liability gets held. These negotiable instrument needs to dishonored specifically in terms of ''Uniform Commercial Code' (Goger, 2017). Furthermore, the methods of protection for a party ensure the secondary liability in which the instruments are considered as null. It is worth mentioning the fact that more than one party is considered as eligible for obtaining payment. Between the two parties, only one of them gets notified regarding their secondarily liable status (Goger, 2017).

Question 18

A holder of an instrument requires some primary requirements for qualifying as a holder. The terms are as follow:

Good Faith- The holder requires to receive the instrument in good faith. The instrument in good faith means that the holders are not intended to defrauding anyone in order to receive the instrument (Özdilli & Erdin, 2018). The number of schemes that get by the transferor would transform the law by transferring the instrument. As a result, the holder receives the right for repayment.

Value-Value is considered as a primary requirement as it takes the instrument to add its value. The holder is suggested to provide goods or money for the instrument. It is worth mentioning the fact that the transfer is not acceptable by inheritance (Özdilli & Erdin, 2018).

Unaware of Defenses-the holder does not have the notice regarding valid defense for enforcement. It is seen that the unaware of defenses basically deemed to be an actual notice (Özdilli & Erdin, 2018). The constructive advice from the situation has the ability to disqualify the individual as well.

Question 19

In a deal of agency, it is seen that there still three parties get involved when an agent enters into an agreement for the principal (Peters & Panayi, 2016). While the principal gets disclosed, an agent consists of a contract from his behalf. The contract between the third party and the principal carry the obligations and rights between them. As a result, the legal effect remains the same with this contract. Such a contract is considered as the same as principal directly contracts with the third party (Peters & Panayi, 2016). It is noteworthy that, legal effect acts as a scope of actual authority of a collective agent. The appearance of this authority gets bind on the principal. Hence, the hidden restrictions related to the agent power do not bind the third party. However, the involvement of third-party sues the principal instead of the agent. While an agent enters into a contract for the principal, the third party refuses to fulfill the contract if he has the previous information regarding the agent who is not the principal (Peters & Panayi, 2016). 

Question 20

All acts can be alto to delegate to an agent. As an example, an agent cannot be considered as a substitute for a principal during signature in a will, voting in the public election and making an oath-taking the statement (Habla & Winkler, 2018). Every delegation carries the implied authority in which all the acts have done ordinarily and naturally. The significant influence provides some effects that are necessary reasonable. An agent who has the power of authority executes himself and cannot delegates all the acts. It is seen that all the acts implied and dominated the agent. Hence, the principal expresses to allow the acts to be delegated to an agent (Habla & Winkler, 2018). Not all the acts get delegated to an agent. The acts that are routine by nature and can be done by the agent are considered as commissioned. However, under certain circumstances the agent delegates some of his power to a substituted agent. As a general rule, the courts do not permit individual acts to be delegated to an agent. Some of these acts do not get opposed to social welfare (Habla & Winkler, 2018).

Question 21

A general agent is considered authorized for carrying out all the business principles (Mailath, Morris & Postlewaite, 2017). On the contrary, the general agent contains considerable authority beyond the contractual statement as well as expressing the higher authority. This general agent has the authority in such as a circumstance of a consumer has. As a rule, the general agent has the authority for transacting the several classes of acts (Mailath, Morris & Postlewaite, 2017). Not only that, the general agent expressly delegates by the agreements in which the authority gets ''expressed'. The express authorization is considered as the amount of power for doing whatever the general agents appointed to do. The authority receives by a principal in which the general agent implicates this principal. As a result, effective execution becomes essential as a usual way (Mailath, Morris & Postlewaite, 2017). Hence, the real ''Authority' consent the actual amount that a general agent has in addition to express authority.

References

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Putra, G. A., Sabrie, H. Y., & Thalib, P. (2018). The Product Characteristic of Electronic Money from the Perspective of the Negotiable Instruments Law. FIAT JUSTISIA, 11(4), 328-341.

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The Law Dictionary. (2019). What is INDORSEMENT? definition of INDORSEMENT (Black's Law Dictionary). Retrieved 6 August 2019, from https://thelawdictionary.org/indorsement/

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Synopsis

Good to Great is an interesting book written by Jim Collins. Although the concepts contained in the book are not new, the author succeeded in reminding his readers of the precept of success and good leadership techniques. He begins the book on a startling and counterintuitive note by claiming that “Good is the enemy of Great”. On the contrary to the overall perception that great achievements are attained through evolution staring from poor to good and eventually sterling, Collins noted that this argument is the main problem that most business leaders are entangled.  Thus, the book transcends the principles of investment to encompassing optimal decision-making (Collins, 2001).

Collins bases most of his arguments on an extensive five-year study carried out in collaboration with a research team. The book defines and examines management practices evident in eleven groups of organizations, which witnessed rare transitions from ordinary to sterling performance.  An outstanding, extraordinary feature of this book is the collection of companies the author evaluated. The shocking revelations put across in the book concern absence of correlation between corporate performance and executive compensation; technology did not result in corporate transformation and little attention paid by such upward trending organizations on managing change and motivating employees.  Collins’s philosophy is summarized in one important phrase Greatness is not a function of circumstance. Greatness, it turns out, is largely a matter of conscious choice...” (Collins, 2001). These findings were coined from Collins’s curiosity to find out why most companies do not make to greatness.


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1435 companies chosen for the research were classified in to two groups. One group was characterized by breakthrough to greatness, while the other failed to do the same. The results of the research revealed that good-to-great organizations were characterized by lower stock returns, followed by breakthrough resulting in cumulative returns results of trice average market over 15 years since breakthrough point. The research contained in this book exhibited five concepts as outlined below.

Level 5 Leadership

The CEOs great companies love their jobs, are endowed with humility, determination, and strong will for success. They underscore that the company does not surround them; rather, they promote training and mentoring of future leaders.

First Who…Then What

Individuals are not as important to the company as part of assets portfolio. The book postulates that it is prudent to get the right people and go ahead to organize them in appropriate positions.

Control the Brutal Facts

The greatness of an organization is attainable through being brutally honest objectively and identification of basic competencies.

Hedgehog Concept

This concept is based on an old Greek saying that a fox knows many things while hedgehog in conversant with one great thing. The companies, which tend to be like foxes, did not make to greatness. Therefore, a company with an intention of attaining greatness should identify one core competency and tear it down to simple executable plans.

Culture of Discipline

For a company to attain greatness, it must adapt disciplined mindset in the decision-making process. The culture of discipline ought to permeate to all employees from top to bottom for an organization to realize its goals.

Application

The concepts outlined in this book show a myriad of prerequisite principles in attaining organizational goals by having the right mindsets. As a public school principal, I would be more interested in developing a culture of discipline amongst both students and members of staff as well. This does not make other concepts less important than this one. Culture of discipline can be developed in a school community by emphasizing on the importance of discipline.

Using Level 5 leadership, I will attempt to let the members of staff that the objectives of the school will always come before their own. To achieve this, I will assign duties in a way that makes the schools' objectives stay ahead of individual interests.

I will strive to ensure that the school benefit from honesty by discouraging and punishing dishonest amongst students and members of staff as well.

Although Hedgehog   concept may not be relevant to the school setting, it is as well beneficial if looked at from a level of individuals. Everyone should become a master of one concept by encouraging specialization and division of labor.

With these principles in hand, I will make my leadership duties as a public school principal easy to execute without focusing on my performance but attainment of institutions objectives as postulated Level 5 Leadership.

Reference

Collins, J. C. (2001). Good to Great: Why Some Companies Make the Leap…and Others Don’t. 

New York: Harper Business.

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