Saturday, May 23, 2020

Voidable Contracts Essay Online For Free - Free Essay Example

Sample details Pages: 10 Words: 2881 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Influence Essay Did you like this example? THE DOCTRINE OF UNCONSCIONABILITY: IS IT APPROPRIATE FOR IT TO BECOME THE UNDERLYING PRINCIPLE FOR A CLAIM OF VOIDABLE CONTRACTS ON THE GROUNDS OF UNDUE INFLUENCE? Table of Contents 1.0 Introduction A voidable contract is one that gives the aggrieved party the right to choose whether or not to proceed or terminate its performance. Thus, voidable contracts shall have the meaning allocated to it as per section 2(i) of the Act. To analyze the similarities and differences between the two doctrine of undue influence and unconsiounability, it is pertinent to evaluate the development and progression of law governing these doctrines in specific countries. Through a trend analysis over the past few years, the law in countries such as Malaysia, Australia and United Kingdom have seen to been significantly developed. For an instance, in Australia, the classic decision in the case of Commercial Bank of Australia v Amadio[1] is in line with the Common Law position regarding the doctrine of unconscionability. Similarly, in Saad Marwi v Chan Hwan Hua Anor[2] the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decisions show that the doctrine of unconscionability which was first applied locally, was then disting uished in American International Assurance Co Ltd v Koh Yen Bee[3], for reasons that this doctrine should not be interpreted in accordance with section 14 of the Contracts Act as the meaning within that Act is subjected to contracts entered into without free consent. In terms of legislation, the Consumer Protection (Amendment) Act 2010 recognizes this doctrine in a wider extent whereby a contract or a term of a contract that is substantively unfair or unconscionable as per section 24D (c) will be unenforceable or declared void. However, this only limited to consumer contracts. Thus, this essentially shows that the doctrine has improved and extended in application. Therefore, though both doctrines are parallel in temperament, they however differ in terms of application and to be able to develop holistically for their significance, they ought to develop independently and autonomously in contract law. I will provide a thorough study on the doctrines of undue influence and of unconsc ionability, the correlation between these two doctrines and the influence of the Consumer Protection (Amendment) Act 2010 on the development of the doctrine of unconscionability. 2.0 Concept of Undue Influence The doctrine of Undue Influence is basically concerned with the consent of the party who was induced to enter into a contract due to the dominating influence of the other party upon the weaker party. In this sense, this doctrine is primarily to prove that the effect of entering a contract in the presence of undue influence is procedurally unfair because it impaired one of the partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement and free will in contracting. A contract is procedurally unfair if the manner in which it was entered into was unfair. In short, freedom to contract does not exist when undue influence is present during the commencing of the said contract. In an attempt to prove that there was undue influence[4], be it actual or presumed during the contracting stage, the party i nduced must prove 2 prerequisite elements[5], i.e. in a position to dominate the will of the other[6] and unfair advantage[7]. Upon establishing these two elements, the onus of proof then shifts to the party accused.[8] According to Poosathurai v Kannappa Chettiar and Others,the party alleging must show that the influence was undue and unconscionable. Absence of which does not classify as Undue Influence as per section 16(1) of the Act. 3.0 Doctrine of Unconsciobility. Unconsciobility, on the other hand is not a concept embodied within the Contracts Act 1950[9] and as such is not thoroughly explained nor is it well established. Unconscionability is basically an English doctrine that deals with the imbalance power of two contracting parties in which one suffers from a special impairment. It is adopted in our local context and applied in a broader view in Saad Marwi v Chan Hwan Hua Anor.[10] Here, the appellant owned two pieces of land elsewhere and both parties then entered in to an agreement whereby the appellant was to sell his land to the respondent for an undervalued price of RM42, 000 (a deposit of RM4200 was to be paid offset to harvest coconut). The contract was drawn up by the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s solicitor in English, which the appellant is incapable to understand and to make matters worse, he did not obtain any separate legal advice pertaining it. It can be seen that the respondent had acted unconscionably when he used the appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s position to à ¢Ã¢â€š ¬Ã‹Å"forceà ¢Ã¢â€š ¬Ã¢â€ž ¢ him to enter into the alleged agreement due to the fact the appellant depended on his permission and when he bought the property for an undervalue price, drafted the agreement in English knowing that the appellant would not comprehend the language and finally, decided that deposit ought to be paid on an embark basis. In that case, Gopal Sri Ram JCA adopted the doctrine of unconscionability to overcome situations of inequality of bargaining powers.[11] There are two reasons why undue influence could not be established in this case, first being that the appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s will cannot be said to have been dominated by the respondent though he owned the said land in which the appellant used to harvest coconut (actual) and secondly, a relationship of trust and confidence did not exist even though the appellant suffered mental distress to a certain degree (presumed) Don’t waste time! Our writers will create an original "Voidable Contracts Essay Online For Free" essay for you Create order 4.0 Correlation and distinction of the doctrine of undue influence and unconsciobility. Both doctrines are equitable in nature to ensure that there is a sense of independency on the part of the weaker party in making judgements and aims to alleviate the risk of abuse by the party in the stronger bargaining position.[12] Both doctrines deal unequal bargaining power of the parties, business imbalance and unconscionable conduct by the defendant.[13] Basically, both parties are agreeable to contract but the reason as to why somewhat differs in these two doctrines. In cases of undue influence, it can be said that free consent to contract was absent because the intention to be contractually bound did not occur voluntarily and freely but rather, out of manipulation and domination. By contrast, in situations where a dealing is unconscionable, assent is wilfully given but impaired whereby the weaker party believes that he has consented to something beneficial to him but in reality, the contract is lopsided and to his detriment. This doctrine can be identified when the position o f the dominant party can be proven in which he has knowledge and is well informed of the weaker partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s special disability and in turn, manipulates that à ¢Ã¢â€š ¬Ã‹Å"weaknessà ¢Ã¢â€š ¬Ã¢â€ž ¢ to cause the weaker party to desire to contract. The Supreme Court case of FuiLian Credit v Leasing SdnBhd[14]could have been either a case on undue influence, unconscionability, or both. An example of how the two doctrines can be employed to produce similar results is in Richardson v Harris[15] where Mr Richardson was an experienced money-lender knew of Mr Harrisà ¢Ã¢â€š ¬Ã¢â€ž ¢ financial difficulties i.e creditors coercing him to borrow money to pay off debts had entered into an agreement with him to purchase his life interest for an overpriced amount. It was held that this was a matter for undue influence and that Mr Richardson was unsuccessful in discharging the burden placed on him to prove that the transaction was fair, just and reasonable, it was held to be an unconscionable bargain. A huge difference between the two doctrines is that undue influence is concerned with the damaged consent of the weaker party and thus can be said to be aggrieved-oriented while unconscionability in itself is focused on the actions and ex ploitation of the stronger party in which it was unconscitious behaviour.[16] In cases of undue influence, the will and consent of the innocent party is dependant and involuntary because it is overborne while in unconscionability situations, it is independent and voluntary due to the disadvantageous position he is placed in and of the other party frivolously abusing that weakness.[17] However, the weaker party may think that the contract was for and in his best interest, not knowing that the stronger party had actually known of a defect and had taken advantage of it. In other words, though there is à ¢Ã¢â€š ¬Ã‹Å"free consentà ¢Ã¢â€š ¬Ã¢â€ž ¢, the consent given by the innocent party is defected because due to the multiple limiting factors, he is then unable to make a worthwhile judgment in matters where his best interest is in question. This is evident in circumstances of presumed undue influence in which when rebutting, the wrongdoer must prove that the complainant had acted in dependently where as for unconscionability, the wrongdoer is required to verify something more than just the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã‹Å"independent actà ¢Ã¢â€š ¬Ã¢â€ž ¢, in its literal sense which is that the transaction is fair, just and reasonable. A glaring distinction between undue influence and unconscionability is the aim of rebutting the evidential presumption of undue influence. If the elements of unconscionability are established, the burden of proof shifts to the stronger party to show that the transaction was fair, just and reasonable. For undue influence, the dominant party must show that the weaker party had acted independently whereas in cases of unconscioubility, the onus is to show that the transaction was a fair one. Another juncture would be the role of independent advisers. In an unconsionability cases, they seek to rectify the parallel imbalance which would otherwise subsist due to reasons of special defects of the weaker party[18]. In plai n terms, their duty is to clear the ethics of the stronger party. Their doing aids to ascertain that the stronger party did not misuse his superiority to exploit the weaker. In a case of undue influence, the their obligation is not limited to only help the weaker party realize that they are being influence and subsequently, freeing them from it (defendant-based aspect), but also to ensure that free will was exercised (plaintiff -based aspect).[19] Undue influence requires that there exist a prior relationship between both parties in which one is in a position to dominate the will of the other party which causes the inducement of the contract i.e inequality superiority. It hinges crucially on the existence of a relationship which enables one party to unduly influence the other. Unconscioubility however, can be established without the need to have a party in a dominant position and without there being a relationship, outside that of the immediate contract, between the parties.[20]; rather what is needed is essentially an unconscionable conduct of the wrongdoer that brings in a gross disadvantage to the complainant. Unconsiounability centralizes with the nature and conditions of the bargain itself, and the other partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s special disadvantage which is known by the other party at the point of transaction. Hence, this is the reason why unconscionability was easier to be established in Saad Marwià ¢Ã¢â€š ¬Ã¢â€ž ¢s case which stated : à ¢Ã¢â€š ¬Ã…“the latter doctrine (unconscionability) operates in circumstances less stringent than those demanded by (undue influence).à ¢Ã¢â€š ¬Ã‚  In short, undue influence is concerned with establishing the relationship of both parties in which one was susceptible to the domination of the other party which vitiated the consent. which caused one party to be in a more controlling and commanding position compared to the other. Unconscioability however seeks only to prove the one party was in fact in status, dominant and the reason to that is because he has material knowledge of the other partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal incapability and somewhat misuses his dominating position and informed knowledge to cause the weaker party to contract. The element of free will is technically present but the procedure in which the contract was commenced was unconscionable. 5.0 The impact of section 16(3) (a) of the Contracts Act. à ¢Ã¢â€š ¬Ã‹Å"Unconscionableà ¢Ã¢â€š ¬Ã¢â€ž ¢ under this section raises the issue whether it can be the underlying basis in proving undue influence by virtue of this section. There were two distinctive views in Chait Singh v Budin bin Abdullah[21] and Abdul Majeed v Khirode Chandra Pal[22]in interpretation this section. In the former, the court held that the unconscionable negotiation based on the position of the parties existed without needing to prove the requirement under section 16(1), which is the dominance of the will. This case referred to the Pricy Council case of Abdul Majeed where the court ruled that a detached doctrine of unconscionability cannot spring from this section of the Contracts Act. Therefore, though Chait Singhà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, it should be noted the decision in this case ought to be read with caution that there is an extent to the application of the said doctrine only for the purpose of the court to presume undue influence. In other words, th is subsection is more to a pre-conditional subsection that lays down the requirements needed to be fulfilled before the wrongdoer is allowed to rebut the presumption. Hence, the phrase à ¢Ã¢â€š ¬Ã…“transactions appears, on the face of it.to be unconscionableà ¢Ã¢â€š ¬Ã‚  merely refers to the second element of presumed undue influence, which is manifest disadvantage. In other words, Unconscionability in s16 (3) serves as a gateway for the court to presume undue influence and toss the burden of proving otherwise to the alleged wrongdoer. So, if the presumption not rebutted, the agreement is voidable for reasons of the fulfillment of the elements in section16 (1) and 16(2) and not on the notion of unconscionability. In addition, unconscionability is however, restricted to the concept of procedural and evidential purpose only. The development of unconscionability can be done through an all-purpose concept of dominance in section 16(1) simply because the two categories of dominan ce relationship under section 16(2) does not concern its application as there is no weight on the relationship of trust and confidence[23]. 6.0 The linkage of how the doctrine of unconsciobility affects the Consumer Protection Ammendment Act Besides this, the 2010 amendments to the Consumer Protection Act 1999[24] has, by bringing in Part IIIA to the said act[25] potentially substantial changes to the law of contract that it may affect the development of the doctrine of unconscionability. So, by dissecting the Malaysian stand, it can be seen that freedom to contract exist when there is a claim for undue influence because where the two contracting parties have agreed to be legally bound to one another, according to the contractual terms stated, local courts are rather reluctant to intervene in their contractual relationship. Though one partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s consent was overborne, the court feels that there is no need to interfere as when something has been mutually consented to, the court is in no position to decide otherwise or speak on behalf of one party. However, for unconscioubility, the court will look into the partyà ¢Ã¢â€š ¬Ã¢â€ž ¢s special disadvantage in which the stronger party manipulated it to gain an unwarranted contract. 7.0 Conclusion These two doctrines overlap in concept but are different in application. Undue influence prioritizes the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s consent, whether or not it was freely given where as, unconscioubility is concerned with the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s unfair conduct in obtaining the contract. It is vital to point out that when the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s consent is overborne, the defendant had acted unconsciously. The simple logic behind this is that when the contract was not entered into voluntarily and wilfully, a reasonable man would wonder whether or not the defendant had behaved unethically in trying to attract the aggrieved party to contract. Undue influence can be categorized as a type of unconscionable act in which if it falls short of undue influence, it may still amount to impropriety for the purposes of unconscionability.[26] Therefore, an unconscionable bargain can exist without undue influence. The reason is as laid down above, the many insignificant distincti ons between the two doctrines in terms of their functions and focuses and so should be applied to problems it seeks to solve[27]. However, I stand by the justification that the doctrine of unconscioubiliy is inappropriate to form the underlying basis for a claim of voidable contract on the ground of undue influence simply because there are two separate doctrines that should develop independently and in isolation of the other. There are mutually exclusive doctrines that by right, must be allowed to savour its originality in application or else lose their individuality. [1] (1983) 151 CLR 447 [2] [2001] 3 CLJ 98 [3] [2002] 4 MLJ 301 [4] Ibid, section 16(2). [5] Section 16(1) of Contracts Act 1950. [6] Hongkong Shanghai Banking Corp v Syarikat United Leong Enterprise Sdn Bhd Anor [1993] 2 MLJ 449. [7] Saw Gaik Beow v Cheong Yew Weng Ors [1989] 3 MLJ 301. [8]Raghunath Prasad v Sarju Prasad AIR 1924 PC 60 [9] Act 136. [10] [2001] 3 CLJ 98. [11] Cheong, MF. (2005). A Malaysian Doctrine Of Inequility Of Bargaining Power And Unconscionability After Saad Marwi. Malayan Law Journal. I-xii. [12] Hardingham, IJ. (1984). The High Court of Australia and Unconscionable Dealing. Oxford J Legal Stud. 275-287. [13] Capper, David. (1998) Undue Influence and Unconscionability: A Rationalisation. Queenà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Report. 479-504. [14] [1991] 1 CLJ 522 [15] [1930] NZLR 890 [16] Birks, Peter and Chin, Nyuk-Yin. (1995). à ¢Ã¢â€š ¬Ã…“On the Nature of Undue Influenceà ¢Ã¢â€š ¬Ã‚  in Beatson, Jack and Frie dman, Daniel (eds). Good Faith and Fault in Contract Law. Oxford: Clarendon Press. [17] Commercial Bank of Australia Ltd v Amadio [1983] 151 CLR 447 at p 461. [18]Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144. [19]Chait Singh v Budin bin Abdullah [1922] 1 FMSLP 348 (HC) [20]ZahidbteMohdIshan à ¢Ã¢â€š ¬Ã‹Å"Doctrine of Unconscionability: Its Development and Possibilitiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2007]3 MLJ xiiv, p 11 [21] [1922] 1 FMSLP 348 (HC) [22] 42 Cal 690 [23] ShaikMohd Noor Alamà ¢Ã¢â€š ¬Ã¢â€ž ¢s article, à ¢Ã¢â€š ¬Ã…“Pre- Contractual Fairness: Section 15 and 16 of the Malaysian Contracts Act 1950à ¢Ã¢â€š ¬Ã‚  [24] Act 599 [25] Act A1381 of the year 2010 [26]J P F Bogden, à ¢Ã¢â€š ¬Ã‹Å"On the à ¢Ã¢â€š ¬Ã…“Agreement Most Foulà ¢Ã¢â€š ¬Ã‚ : A Reconsideration of the Doctrine of Unconscionabilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ Manitoba Law Journal Vol 25 No 1 187, p 190-1. [27]Hodgkinson v. Simms, [1994] 3 S.C.R. 377, para. 27 (Can.).

Tuesday, May 12, 2020

An American Legacy Edgar Allan Poe - 1362 Words

An American Legacy: Edgar Allan Poe As the United States became a flourishing nation in the 1800’s, American entertainment such as poetry and short stories began to unfold by up-and-coming writers. Among these artists of text, Edgar Allan Poe is without a doubt an incredibly prominent figure when discussing American literature. A celebrity after his critically acclaimed poem, â€Å"The Raven,† he was one of the earliest American authors to craft and perfect the short story. Furthermore, Poe is credited to contribute much to the horror and science-fiction genres, as well as being the inventor of the detective-fiction genre, as his novel The Murders in the Rue Morgue in 1841, predates the most famous character of the genre, Sherlock Holmes, in 1887 (Genesis: 1841). Under a constant struggle to make ends meet, he was among the first American authors to make a living strictly off his pieces of literature, which was not exactly a successful money-making career path (Graves). Which made matters even worse, seve ral of his closest family members, relatives, and relationships all fell to tuberculosis, the final of which he attempted to take care of by himself, even though he was essentially penniless up to his mysterious death in 1849 (Hossick). With great success, however, it is important to analyze how this legendary writer came to be. Born on January 19, 1809 to Elizabeth Arnold Poe and David Poe, Jr., Edgar Poe was the second of three children. Both of them actors, Poe’s parentsShow MoreRelatedA Brief Biography of Edgar Allan Poe Essay1192 Words   |  5 PagesKnown for his disturbing and sinister work, Edgar Allan Poe’s writing has captured the attention of readers for almost two centuries. His works and reputation were largely influenced by his childhood, education, adulthood, and struggles with his career, along with his legacy before and after his death. Edgar Allan Poe was born on January 19, 1809, in Boston, Massachusetts, as being David and Elizabeth Poe’s second child of three. David and Elizabeth were professional theatrical actors in a companyRead MoreEdgar Allan Poe; Fame Inspired by a Tragic Life865 Words   |  4 Pages The 19th century American poet, Edgar Allan Poe, had been plagued by grief from an early age. He was an amazing poet and author who just happened to have a darker story. Many who have studied this prestigious man feel that his works, though magnificent, were extremely dark. Some believe it was nothing more then a fancy for him to spin such gruesome tales. Others feel his work was manipulated by the misfortune of his past. These people have actually found evidence that agrees with this statementRead MoreEdgar Allen Poe: Birth and Military865 Words   |  4 PagesThe story of the 19th century Romantic era poet Edgar Allen Poe is an interesting one indeed. Throughout his life he played the role of a writer of short stories, an editor and critic of all works, and poet of emotion; revolutionizing each role through his extremely pragmatic style. As a writer, Poe wrote everything from love stories to comedies to horror stories, even inventing the detective mystery genre, and as a poet, he set out to use poetry to transmit and arouse the reader’s sense of beautyRead MoreEdgar Allan Poes Impact on American Literature1379 Words   |  6 PagesEdgar Allan Poe is one of the most influential writers of the horror genre in American history. His horror stories have impacted numerous authors and their stories over the years. Various people have tried to copy his way of writing style, but they have failed to achieve the success he did. Even though Poe is no longer living, his impact on American literature can still be felt today. Edgar Allan Poe was born in Boston, Massachusetts on January 19, 1809. Even though Edgar Allan Poe did not growRead More Edgar Allen Poe Essay860 Words   |  4 PagesEdgar Allen Poe Edgar Allen Poe is a writer of the 1800’s. He has written many classics and has a unique style. Edgar fits into a gothic romance style that was prevalent at the time of his writing. Science at the time was making leaps and bounds and often scientists were immoral and hypocritical. This is reflected in Edgar’s sonnet to science were science has been destroying all that Edgar finds wonderful in the world. Edgar has a tough life with many losses which is also reflectedRead MoreThe Captivating Life and Death of Edgar Allan Poe1279 Words   |  6 Pages Edgar Allan Poe, an often misinterpreted literary mastermind known predominantly by his extraordinary tales of horror, the supernatural, forbidden love, madness, and mystery, is more than meets the eye. Though his genres of expertise may indicate otherwise, Poe was a very social person, having been raised as a gentleman, and he had more hands on military experience than any other major American author in history. As a writer, Poe gained a great deal of his inspiration from his surroundings. HisRead MoreAnalysis of Poes Successes and Failures in Poetry and Fiction1745 Words   |  7 PagesPoes Successes and Failures in Poetry and Fiction Edgar Allan Poes career may have been a failure considering what he set out to do, but he did achieve some success and notoriety in his own lifetime. His most successful poem was, of course, The Raven, a piece he composed to satisfy popular taste. But some of his short fiction was popular as well. As an editor and publisher, however, Poe did not quite achieve the greatness he sought. His legacy grew only after his death, thanks to his literaryRead MoreEdgar Allan Poe and Robert Burns Understood Yearning for More855 Words   |  4 PagesYearning is such a simple word. Or so we believe it to be. Edgar Allan Poe and Robert Burns are two people who would understand this word to its exact definition. Poe and Burns always wanted more out of life than what they had. They desired to be more, to have more. Often these desires were so unattainable it led to melancholy. Poe and Burns are very similar in that they yearn for a better life and for a love they won’t ever find. Edgar Allan Poe was not exactly a simple man to say the least, thereRead MoreThe Works And Days By Edgar Allan Poe1719 Words   |  7 Pagesin this era is Edgar Allan Poe. Family is significant in one’s everyday life. However, Poe spent most of his life without his parents, David and Elizabeth Poe. Poe’s father was born July 18, 1784 in Baltimore, Maryland. David Poe was American, but his wife was from England (Giordano). Elizabeth Poe was born in 1787 (Baltimore). She migrated to the U.S. after her father became deceased. She was then widowed before marrying David Poe. So when she entered the U.S., she married David Poe. They were bothRead MoreAnalysis Of Edgar Allan Poe s The Raven1232 Words   |  5 Pages Edgar Allan Poe: The Raven Literature is a very powerful tool that is used to make a huge impact on society or in someone’s perspective. As complex as the world, literature can appear in many forms using unique vernacular that expresses human endeavors. In some cases, social reform is Transcendentalism is an American literary, philosophical movement, promoting the idea of independent progress. The central idea is the optimistic viewpoint of humanity. People, men and women equally, have knowledge

Wednesday, May 6, 2020

Administer Medicine To Individuals And Monitor The Effects Free Essays

There are many common types of medication used in a care setting. These include Quinapril, Donepezil, Warfarin, Trazodone, Metformin , Paracetamol and Asprin. These all have different effects and side effects, listed below. We will write a custom essay sample on Administer Medicine To Individuals And Monitor The Effects or any similar topic only for you Order Now Quinapril : This medication is used to treat high blood pressure. It works by decreasing certain chemicals that tighten the blood vessels, so blood flows more smoothly and the heart can pump more efficiently. With this medication individuals may experience many different side effects. These include: Dizziness, tiredness, cough, upset stomach or vomiting. More severe side effects include: swelling of the face, eyes, hands, feet or ankles, difficulty breathing/ swallowing, yellowing of the skin or eyes, chest pain or fainting. Donepezil: This type of medication is an anti- alzheimers drug, used to treat dementia. It improves mental function, such as memory and language abilities. It also allows the individual to perform activities of daily living. Donepezil cannot cure Alzheimers disease but may slow the loss of mental abilities. Potential side effects of this medication include: nausea, vomiting, diarrhoea, loss of appetite, weight loss, muscle pain, headache, dizziness, depression, changes in behaviour, red, itchy skin and abnormal dreams. Some more serious side effects include: fainting, lower back pain, red blood in stools, fever, slow heart beat and bloody vomit. Warfarin: This medication is used to prevent blood clots forming or growing larger in the blood and blood vessels. It works by thinning the blood, decreasing the clotting ability of the blood. Potential side effects include: gas, abdominal pain, bloating, change in the way things taste, loss of hair and feeling cold or having chills. More severe side effects include: hives, itching, chest pain/ pressure, infection, nausea and flu like symptoms. Trazodone: This medication is used to treat a variety of mental health problems. It works by increasing the activity and levels of certain chemicals in the brain which can improve symptoms of depression and anxiety. Potential side effects include: appetite gain, back pain, aggressive behaviour, blurred vision, blocked nose, chest pain, constipation, dry mouth, dizziness, headaches, itching, joint pain, memory problems, nightmares, tiredness, vomiting and weight loss. Metformin: This type of medication is used to control diabetes. It works by keeping the blood sugar levels under control. Potential side effects may include: nausea, vomiting, stomach pain, loss of appetite and taste changes. Less common side effects include: breathing difficulties, muscle cramps, liver problems and skin problems such as itching or urticaria. Paracetamol: This medication is used to ease mild to moderate pain such as headaches, sprains, toothache or the symptoms of a cold. It can also be used to treat a fever. Potential side effects can include: rashes, low blood pressure and liver and kidney damage. Asprin: This type of medication is an anti-platelet medicine, meaning it reduces the risk of clots forming in the blood, reducing the risk of a stroke or heart attack. Potential side effects include: nausea, bowel or stomach irritation and indigestion. Less common side effects may include: bruising, skin rash, vomiting and breathing problems. Insulin is a medication which demands the measurement of specific physiological measurements. This is because there is naturally occurring insulin in the body which needs to be checked at regular intervals to ensure the right level is being prescribed. Warfarin is another medication which needs to be monitered, in order for the correct levels to be prescribed. This is carried out using the international normalisation ratio (INR) which measures how long it takes for blood to  clot. This test may be carried out once or twice a week depending on the results. How to cite Administer Medicine To Individuals And Monitor The Effects, Papers

Saturday, May 2, 2020

Market Commodity Entrepreneurial Process

Question: Discuss about the Market Commodity for Entrepreneurial Process. Answer: Introduction: This particular study has provided an in-depth understanding about the importance of vending machine in the strategic location of Singapore in order to understand its necessary for sportspersons. The primary purpose of setting up this vending machine is to provide necessary sports products to the interested sports persons when it is necessary. One of the most effective advantages of vending machine is its availability. This particular machine is available for 24 hours. Therefore, people of different geographical areas can make the best use of it at any time. Therefore, this vending machine should be set up in such a place where recreation center is available and the sports boutiques are situated far from the sports center. As a result, the sports persons would not have to struggle for getting their necessary sports kits. Before establishing a vending machine, an effective strategic plan should be made. The machine has been decided to be established near Bishan Stadium. Sports industry growth of Singapore: The sports industry of Singapore raised its head in 19th century. At that time, the Colonials of UK turned to the sports for spending their leisure hours effectively (Cummings 2012). As per their point of view, spending times through sports and exercise is more logical than remaining busy in mere gossiping. However, being inspired from the colonials, the inhabitants of Singapore rendered this trend. Gradually some of the sports and recreation clubs had been established at that time. Among these recognizable clubs, the names of Cricket club, Singapore Recreation club, Singapore swimming club, Hollandse Club are most prominent. During last five years, Singapore has enriched their sports industry by implementing numerous advanced technologies (Kelly et al. 2012). Apart from these clubs and recreation centers, some of the renowned stadiums are occupying a predominant place in for motivating the sportspersons towards the growth. Sports industry trends of Singapore in last five years: In last five years, the scenario has been changed to some extent. Singapore is no more restricted within Cricket club, Singapore Recreation club, Singapore swimming club, Hollandse Club. Some of the renowned stadiums and recreational centers have also been established in Singapore. These include Bhisan Stadium, Singapore Indoor stadium, Singapore Sports Hub, Smrt sports, Singapore paddle club, Ceylon Club and so on. The inhabitants of Singapore have been accustomed with the traditional culture of colonialists (Kelly et al. 2014). As per their point of view of these people sports is one of the most effective ways of keeping minds refreshed and free from anxiety (Kilian et al. 2012). Therefore, the family members tend to involve their children in sports. Expected future market demand in Sports industry: The future of sports industry is expected to be more glorious than early five years even. Most of the World Class sports events are going to be held in Singapore due to their suitable environment (Lee, Lee and Holden 2012). The revenue from those sports events are going to grow on $90.09 billion by the year 2017. Football is coming ahead first because of which the revenue growth of sports industry of Singapore is getting higher day-by-day. PESTEL analysis: With the rapid progress of sports industry, Singapore businesspersons of sports industry have to be more advanced and innovative so that sportsperson do not have to struggle in order to purchase necessary sports kits. Sports shops are generally not available for twenty-four hours. As a result, sports persons have to face immense difficulties in order to purchase sports kits at any time (Matthews and Horacek 2015). Vending machines have been launched for making an effective solution to those persons who are intended to make their shopping at any time. Therefore, this particular study has focused to set up this machine beside Bishan Stadium. Sports boutiques are not available near Bishan Stadium. As a result, the sportspersons have to face challenges in purchasing any necessary kits (Molnar 2013). In order to solve this issue a vending machine is decided to be established based on which the people would be able to make the best use of it. The products that are going to be sold in the v ending machine are as follow: Facial towels Shuttle Cocks Plasters and bandage Athletic tape Deodorant Ping-pong balls Knee and Elbow guards Sun screen lotion and socks Before, establishing a vending machine an effective environmental analysis should be conducted in order to understand the political, economic, socio-cultural, technological, environment and legal factors of Singapore. The business experts have to realize whether these factors are going to affect the business of vending machine or these are very much suitable for running the machine effectively (Olstad et al. 2015). PESTEL Analysis Description Political Political factors indicate the influence of the political parties within the countries, their way of control on the people in general, their plans and policies to rule the country. As per the political environment of Singapore, it can be stated that business organizations do not have to face any difficulties due to the political chaos of any individual party. People feel free to set their own decision. People are not forced to take any specific decision being influenced by the political parties (Polacsek et al. 2012). Therefore, any business industry does not have to face difficulties for running their business. Sports industry is not exceptional to that. A large number of sports persons tend to turn up to maintain their practice in Bishan Stadium. Therefore, establishing a vending machine in those areas would be fruitful to them. Interested purchasers would not have to jump here and there in order to buy sports kits. Economic Singapore is undoubtedly economically advanced country. As a result, the target customers would not have to face any difficulty for purchasing the sports products from vending machine. Vending machine is available for twenty-four hours. Therefore, people can use its service at any time. Naturally, the products demand little bit high range than normal sports shop. Target customers of Singapore being strong economically do not have to face any obstacle to use the service of vending machine. Socio-cultural People from different culture and attitude are involved in the sports industry. Therefore, the target customers of sports kits are not very restricted. Sports shops of Singapore had to invest large number employees for maintaining a balance in supply and demand. On the other hand, employees had to wait for a long time for getting an effective service from the sports shops. In order to overcome this crisis, the concept of vending machine had been rendered. Technological Singapore is technologically advanced country. People would not have to face any challenge to be accustomed with the techniques of vending machine. In addition, in order to promote the products of sports kits, the popularity of digital media can be used. The inhabitants of Singapore are very much comfortable with the advancement of technology (Sudhakar et al. 2014). Therefore, before using the products, the customers can get an in-depth overview about the reliability of products. Therefore, in order to launch a vending machine, people should have an in-depth knowledge on technology. Environmental In order to launch a new business, environmental analysis is one of the most important factors. It has already been evaluated that Bishan street is not endowed with enough sports shops. As a result, sportspersons have to face challenges for purchasing sports kits. Establishing a vending machine beside Bishan Stadium would be really helpful for the sportsperson to purchase sports kits. In addition, the environment of Singapore is suitable for maintaining sports industry effective. The persons who are very much laborious and dedicated towards their deeds would be able to be involved with sports industry. The inhabitants of Singapore are hard working due to the suitable external weather. Therefore, the establishment of vending machine would not go in vain. Legal In order to run a business industry, the business experts have to maintain some of the important rules and regulations effectively. The regulations include trade as well as government. From the very beginning, the business experts intend to follow these regulations and acts very strictly. As a result, the sports industries do not have to face immense difficulties for maintaining their business in the heart of Singapore. Launching a vending machine in the heart of Bishan Stadium would enhance the craze of sports market. Table 1: PESTEL Analysis (Source: Vander Wekken et al. 2012) Conclusion: The entire study has provided detailed analysis on business strategy and policy of establishing a vending machine in a strategic location. A large number of sportspersons like to visit in the ground of Bishan stadium regularly for their practice. On the hand, sports boutiques are not available on the surrounding areas of this particular stadium. Therefore, the business experts have decided to launch a vending machine beside Bishan Stadium in order to fulfill the needs and demands of sportspersons at any time. Before, launching this machine, an effective PESTEL analysis has been conducted. 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