Features of a CIF contract

Features of a CIF contract The central feature of a CIF contract is that it is a shipment contract. This fact explains virtually every contractual and legal feature of the contract. Even if the CIF contract was the only standard form of shipping contract, which it is not, it would be very difficult to agree with the above statement; the contractual and legal features of this contract are explained by its title rather than its industry application. The acronym C.I.F. stands for cost, insurance, freight and represents those features which are included in the cost-price of the goods to be purchased[1]. ‘Cost’ simply pertains to the actual cost of the goods being purchased, ‘insurance’ quite literally means that the goods will be protected by an insurance policy during their transit and ‘freight’ refers to the cost of shipping the goods by carrier to the final delivery point. The best way to explain and understand the contractual and legal features of the C.I.F. contract is by way of an example. Consider the following: A. Ltd. [based in Ireland] offers to sell to B. Ltd. [based in England] 10,000 Kilograms of King Edward potatoes [A-grade quality] for  £2000 C.I.F. Liverpool. B Ltd. accepts the offer in writing. A legally binding contract has thus been formed. Let us now examine every stage of the execution of this contract, with particular focus of the respective contractual duties of A. Ltd., the seller, and B. Ltd. the buyer. Clearly, the first duty of A. Ltd is to appropriate 10,000 Kilos of A-grade quality King Edward potatoes. It may be that A. Ltd. already has this quantity of potatoes stocked in one of its warehouses in Ireland. Alternatively, A. Ltd. may know of a carrier which is on its way to Liverpool carrying this quantity of potatoes on board, in which case, A. Ltd. might choose to purchase them from their current owner while they are afloat. Alternatively, A. Ltd. may have already dispatched a shipment of potatoes to Liverpool, in which case, it may simply choose to assign the appropriate quantity of potatoes to meet B. Ltd.’s order. In light of the fact that the contract stipulates both the quantity, namely 10,000 kilos, and the quality, namely A-grade quality King Edward variety potatoes, the seller is under a duty to ensure not only that the goods dispatched/purchased/assigned meet this description, but also that they will continue to meet this description on delivery; in the case of Mash Murrell Ltd. v. Joseph I. Emanuel Ltd. [1961][2] it was held that there is an implied term in all C.I.F. shipping contracts that, at the ‘time of shipment’, the goods are of a sufficient quality to survive normal transit. A. Ltd., having appropriated the 10,000 kilos of potatoes, must then arrange for these potatoes to be shipped to Liverpool, the destination stipulated in the contract, and it is A. Ltd.’s duty to pay for the cost of this shipment, i.e. the freight. In return for this shipment fee, the carrier must provide to A. Ltd. a valid[3] Bill of Lading. A Bill of Lading is a document which contains the terms of the contract of carriage, as well as a statement that the goods have actually been shipped[4]. Essentially this document serves at the title of ownership, i.e. whoever possesses this document is entitled to take possession of the goods. In the case of Hansson v. Hamel Horley [1922] A.C. 36, the House of Lords held that once the seller has transferred the Bill of Lading to the buyer, conferred on they buyer are two distinct rights; â€Å"(a) a right to receive the goods[5], and (b) a right against the shipowner, who carries the goods, should the goods be damaged or not delivered. †¦ Regarding the former right, it therefore follows that this document be freely transferable [Soproma SpA v Marine Animal By-Products Corp. [1966] 1 Lloyds Rep. 367]. Regarding the latter right, it therefore follows that the Bill of Lading, when pr ocured by the seller, in our example A. Ltd., must be an accurate reflection of the state of affairs at the time of shipment. This principle was confirmed by the Court of Appeal in the case of The Galatia [1980] 1 W.L.R. 495. In this case it was held that the Bill of Lading must include a factually accurate statement as to the quality and quantity of goods which have been shipped. Where any quality or quantity is listed as ‘unknown’ on the Bill of Lading, the Court has tended to infer a presumption that the presumed state of the goods is â€Å"not wildly at odds† with the quantity or quality in fact loaded[6]; be â€Å"not wildly at odds† with the quantity in fact loaded. Returning to our example: A. Ltd. has thus far appropriated the cargo of potatoes, has made/procured a contract of carriage, at his own cost, and has received a valid Bill of Lading from the carrier, as receipt of shipment. A. Ltd. must now, as part of his final contractual duties, secure an insurance policy, again at his own cost, to protect the potatoes from all ‘usual risks[7]’ which might occur during their transit from the point of shipment to delivery at the port of Liverpool[8]. It is also important that the type of insurance policy secured is fully transferable, i.e. assignable by endorsement under S. 50(3) of the Marine Insurance Act 1906[9]; after all, after the goods have been delivered to B. Ltd., this company may wish to transfer the goods to a third party, who may then need to rely on the insurance cover, should it later transpire that the potatoes were damaged during their voyage at sea. These documents having been obtained, A. Ltd.’s final contractual duty is to ensure that these documents are sent and delivered to B. Ltd. I good time, so that they will have them in their possession at the moment the carrier delivers the potatoes to Liverpool[10]. Having discussed the contractual duties of the seller under a C.I.F. contract, let us now turn to examine the contractual duties of the buyer, B. Ltd: The first thing to note is that the buyer does not buy the goods themselves, but rather buys the documents pertaining to the goods, namely the Bills of Lading and the Insurance policy. Thus the buyer, B. Ltd., is under a duty to accept these documents from A Ltd. and pay for them. This duty is not absolute; the buyer has a right to reject these documents if they indicate that the cargo has been shipped late (i.e. later than the shipping date stipulated by the contract). This was confirmed by the High Court in the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459. Likewise, the buyer has a right to reject improperly tendered documents: In the case of Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443, the High Court held that the buyer was within his right to reject the documents for they did not contain a valid insurance policy, but rather an insurance certificate. Interestingly, under this conception of the C.I.F. contract, the buyer has a duty to pay against the documents even if he has not yet had a chance to inspect the goods[11]. This principle was confirmed in the case of Biddell Bros v E Clemens Horst Co. [1911] 1 K.B. 214, and was reiterated in the case of Manbre Saccharine v. Corn Products [1919] 1 K.B. 198, in which it was held that the buyer must pay against the documents even where the goods are damaged upon arrival. Prima facie, this might seem somewhat unfair; after all, why should a buyer pay for goods which have arrived in a damaged condition. However, if one considers the mechanisms operating under the C.I.F. contract, in particular the seller’s duty to secure appropriate insurance documents, one can see that the interests of the buyer are still protected regardless of his duty to pay for the documents prior to inspection; if the goods are faulty, and the Bill of Lading states that the goods were shipped in good conditio n, then the insurance company will reimburse the purchaser for any[12] damage to the goods which was caused in transit. If the Bill of Lading indicated damage prior to shipment, then the Buyer can take out action against the seller to reclaim his monies. This does not mean that the buyer must necessarily accept the goods once hey have arrived however. Unless the terms of the contract stipulate that the buyer cannot reject the goods[13], they buyer is entitled to refuse to take possession of the goods if, at the moment of delivery[14], an inspection reveals that the goods are not of the quantity and/or quality which was contracted for, e.g. if only 5,000 Kilos of B-grade Desiree potatoes were in fact delivered by the chartered carrier to B. Ltd. The statutory remedy which is available in relation to this right is provided by s53(3) of the Sale of Goods Act 1979 (as amended), pertaining to an implied warranty over the quality of goods purchased. S53(3) of this Act states: â€Å"(3) I n the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had fulfilled the warranty.† One final point regarding the duty of the buyer under a C.I.F. contract: it is the responsibility of the buyer to secure all the necessary import licences which are legally required for the product(s) in question. If any stage of the delivery is stalled as a result of the buyer’s failure to secure the necessary Custom permissions, then any resultant damage to the goods, e.g. from their having to stay on board the carrier for an extended period of time and thus perishing, will be deemed, at law, his fault. In conclusion, whilst we have not been able to examine every single contractual and legal feature of the C.I.F. shipping contract, the above provides a near comprehensive description of the workings of such a contract in the real world. The C.I.F. contract is a standard termed tool which has been designed and evolved to ensure that the interests of each party to a shipping contract are protected, and also that the practical difficulties which would otherwise be faced by importers and exporters are somewhat mitigated. In response to the statement offered at the top of this paper: I hope I have argued convincingly that this statement is absolutely incorrect. The fact that a C.I.F. contract is a shipping contract is merely a description of its specific industry application; this description does not explain any of the complex and multifarious contractual and legal features of such a commercial arrangement. Perhaps what the statement meant to express what the fact that most of the legal and contractual features of a shipping contract are explained by the fact that it is a C.I.F. contract; in that case, the statement would certainly be more correct, although event then, the complexities regarding the duties of rejection and the procurement of valid documents cannot be gleaned from this description alone. I would argue, in final conclusion, that one should not attempt to explain the workings of the C.I.F. contract in one sentence alone. Such an endeavour will only serve to omit certain vital informatio n and lead to a poor understanding of the contractual and legal features thereof. References/ Bibliography: Alastair C.L. Mullis. (1997). Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. John Adams ‘The Negligent Carrier: The Buyers Success’ The Modern Law Review, Vol. 45, No. 6 (Nov., 1982), pp. 690-693. Sassoon, David M., (2006). C.I.F. and F.O.B. contracts (London: Sweet Maxwell, 5th Ed. 2006) Footnotes [1] T. D. Bailey, Son Co. v. Ross T. Smyth Co., Ltd. (1940) 67 Ll. L. Rep. 147. [2] 1 W.L.R. 862 (QBD). [3] In the case of Arnhold Karberg Co v Blythe Green Jourdain Co [1916] 1 K.B. 495 the Court of Appeal confirmed, at 495, that under a C.I.F. contract, â€Å"the seller is obliged to tender documents representing contracts which are valid and effective at the time of tender.† [4] Diamond Alkali Export Corp. v. Fl. Bourgeois [1921] 3 K.B. 443. [5] On this point, Mullis (1997) p139 writes: â€Å"The c.i.f. contract is a type of sales contract where, although physical delivery is contemplated, the contract is performed by the delivery of documents† Termination for Breach of Contract in C.I.F. Contracts Under the Vienna Convention and English Law; Is There a Substantial Difference? Alastair C.L. Mullis. Published in Lomnicka / Morse ed., Contemporary Issues in Commercial Law (Essays in honour of Prof. A.G. Guest), Sweet Maxwell: London (1997) 137-160. [6] As per Phillips J at 615: The Sirina [1988] 2 Lloyd’s Rep. 613. [7] Law Bonar, Ltd. v. British American Tobacco Company, Ltd. [1916] 2 K.B. 605. [8] In the case of Belgian Grain Produce Company, Ltd. v. Cox Co. (France), Ltd. (1919) 1 Ll. L. Rep. 546, it was held that the insurance policy must cover the goods for the continuous journey, i.e. from shipment to delivery. [9] The importance of assignability within the context of commercial C.I.F. contracts was discussed, at length, in Diamond Alkali Export Corp. v. Fl. Bourgeois [1921]. [10] After all, the Bill of Lading represents the title in the goods and so B. Ltd. will not be able to take possession of the potatoes without these documents to verify his ownership. [11] However the buyer does not, and indeed should not, accept the documents if they have been tendered incorrectly. A rule in regards to this point was most elegantly expressed by McCardie in his famous and oft quoted dicta from the case of Mandre Saccharine Co. Ltd. v Corn Products Co. Ltd [1919] 1 KB 198. He stated: â€Å"there may be cases in which the buyer must pay the full price for the delivery of the documents, though he can get nothing out of them, and though in any intelligible sense no property in the goods can ever pass to him – i.e., if the goods have been lost by a peril excepted by the bill of landing, and by peril not insured by the policy, the bill of landing and the policy yet being in the proper commercial form called for by the contract.† [12] This is strictly true; the insurance document will only cover the goods against all usual risks, and therefore, if the damage caused was due to an exception circumstance, there will be no form of financial redress for the buyer. If the exceptional circumstances were caused by the carrier, the buyer may sue this company in the tort of negligence or even in contract law [s2(1) Carriage of Goods by Sea Act, 1992 removes the normal rules of Privity to allow the ‘right to sue’ in such cases to be transferable]. [13] Shipton, Anderson Co. v. John Weston Co. (1922) 10 Ll. L. Rep. 762 [14] In the case of Kwei Tek Chao v. British Traders Shippers Ltd. [1954] 2 QB 459, the High Court held that this right arises the moment the goods are passed over the ships rail on delivery.

India of My Dreams Essay

Long years ago, we made a tryst with destiny, and now the time comes when we shall redeem our pledge, not wholly or in full measure, but very substantially. At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom With these words of Pandit Nehru, on 15th August at the stroke of the midnight hour India declared itself independent from the British rule. As the Union Jack was being brought down and the Indian tricolor flew up the hopes and aspiration of the Indian founding fathers were completed. Sixty years after the birth of this massive and diverse nation though there has been considerable progress, the overall picture of life in the country is depressing. With increasing prices and growing unemployment, the common man remains as poor as he had been. Though education has spread, its standard and quality have received a set – back. Nor is the political scene very encouraging. While the working of democracy is not satisfactory, the forces of religion, provincialism and linguism pose a threat to the unity of the country. Our leaders lack the qualities of idealism, integrity and self – sacrifice, which were abundantly in evidence during the days of the struggle for freedom. In this bleak situation, it is natural for the youth of the country to have a vision of a stronger India. In the same way I have a vision too – a fearless, strong, self reliant India. I visualize my country way ahead of other nations all round the globe in every aspect, whether its development in any field or showing its military might or being a fore-runner in technological advancement, skills and prosperity. I visualize India being a country that will provide equality of opportunity to one and all irrespective of caste, creed, and sex. A place that will provide optimum scope for development of latent skills of an individual and then to use it for the welfare of the nation. I strive for such a country wherein the poorest of the poor feel that this is his country in building which his voice has its due importance. I wish for a constitution, which will release India from all thraldom and patronage, and give her, if needed, the right to sin. I dream of a nation where nobody is illiterate and nobody sleeps hungry, where there is no distinction on the basis of genre, religion or caste, where justice to a common man is neither denied or deleted, where corruption in public life does not exist, where criminals do not occupy ministerial berths nor enter legislative assemblies, where merit counts in every sphere of life, where jobs cannot be purchased, where criminals have to spend the rest of their lives behind the bars and where the intellectuals like Amartya Sen do not have to leave the country’s shore for higher research and recognition. Today India is grappling with divided states, poverty, and population on the one hand and a mà ©lange of languages, traditions, festivals, religions, cultures which poses a problem but my vision for India is a country where the Kirtans from Gurudwaras, and Azan from Mosques, the Bhajans from Temples and chiming of the bells from churches merge and mingle and produce a harmonious, melodious, tune of humanity. I dream of a casteless and a perfect India of which all Indians can be truly proud of. My vision of India may sound like a dreamer’s agenda but the day every Indian citizen realizes his responsibility towards his country my vision would be reality. At last I would like to conclude with the words of Sir Rabindranath Tagore: WHERE the mind is without fear and the head is held high Where knowledge is free Where the world has not been broken up into fragments By narrow domestic walls Where words come out from the depth of truth Where tireless striving stretches its arms towards perfection Where the mind is led forward by thee Into ever-widening thought and action Into that heaven of freedom, my Father, let my country awake.

Supporting Significant Life Event in Health and Social Care / HND Level 5 Free Essay Example, 2500 words

In most cases, a victim will survive the grief, but the life and their persona may never be the same. This will normally affect a person’s social life. Usually, the support of friends after bereavement will be in abundance. After a while, the concerns and support will go down and relatives who had paid visits will go back home (Kard, 2006). After a period, after the support crew is gone, the individual will feel she needs them most once she has realised that her loved one is gone. When all the support is gone, the individual may feel that she has been abandoned, and will often question why she was left (Struening & Rabkin, 1976). This will in turn make an individual withdraw from the society (Schwazer, Schulz & Berlin, Nd). One may feel detached and not interested in the normal activities. There may also be feelings of irritability, suspicion and hostility and the feelings may be partially caused by the mentality that no one else understands what one is going through (Black, 1998). 1.2 Analyse possible group responses to bereavement The response to various losses of loved ones varies from group to group. We will write a custom essay sample on Supporting Significant Life Event in Health and Social Care / HND Level 5 or any topic specifically for you Only $17.96 $11.86/page They may also start experiencing dreams of the dead person or sensing their presence. They may also tend to be anxious and fearful, or in other instances, distressed. The child may have more incidences of withdrawal, being uneasily quiet or being unresponsive. They may develop different eating patterns or difficulties in sleeping. The child might show signs of clinginess or always want to be around someone. Older children may start being more cautious about the wellbeing of their friends and relatives and themselves too. They may start experiencing stronger emotions such as anger, guilt or rejection (Struening & Rabkin, 1976). They may also want to assume adult responsibilities. Time to time, they may feel separated from their peers and may want to conceal the loss of their loved ones. Teenagers may tend to be easily forgetful and easy to distract (Psychiat, 1981). They may tend to be restless in class, and start rejecting school.

Affirmative Action Prejudice in the College Admissions...

Last summer, the Supreme Court ruled against the use of race in the college admissions process in the case of Fisher v. University of Texas. Since then, affirmative action has become a big issue in the media; however, many people still do not even know what affirmative action is. Affirmative action is a policy to prevent discrimination on the basis of â€Å"color, religion, sex, or national origin.† Overall, it favors minorities that are often discriminated. It might sound like an excellent policy; however, the use of this policy in the college admissions process is prejudice. In the college admissions process, affirmative action lowers the standards for some races, while raising the standard for other races. For example, an Asian might need a†¦show more content†¦According to the Washington Post, UC has admitted more Latino applicants than non-Hispanic whites to its freshman class this year. The Washington Post also states that forty percent of its students are the f irst in their generation to attend college and four out of ten students come from poor families. The ban on affirmative action seems to be working seamlessly here; however, it is not. This year, UC has admitted 22,000 Asian American, 17,000 Hispanic/Latino, 16,000 non-Hispanic whites, and 2,500 African Americans according to the Washington Post. The diversity on campus is extremely low. There are only 2,500 African American and 22,000 Asian Americans. Because affirmative action increases diversity on campus, many colleges and universities do not want to abolish such a program. Therefore, they are looking for other ways to maintain diversity without violating the constitution. An admission policy favoring first-generation college students helps to increase diversity while still maintain the principles of the constitution. This kind of admission policy would favor students who are the first in their family to attend college. The current admissions policy discriminates against first-ge neration college students. Instead, it favors children who have parents who graduated from the same college or university. According to Business Insider, these legacy children had a 45.1% better chance of getting into eliteShow MoreRelatedAffirmative Action And Its Effects On College Demographics Essay1389 Words   |  6 PagesDue to strong racial tensions, colleges believe admitting individuals in accordance to race is a positive liberal act, however affirmative action is evolving into quite a social strain. Colleges that endorse affirmative action are alleviating racial pressures based on college demographics but creating repercussions that are impacting all races and ages. If we continue burying the issues with affirmative action, we will not only be lessening the meaning of education but creating isolation betweenRead MoreThe Constitutionality Of Redressing Historic Injustice Essay1484 Words   |  6 PagesLauren Pardue GOVT 2306 M2 27 December 2016 Affirmative Action: The Constitutionality of Redressing Historic Injustice One of the most problematic and controversial issues in The United States of America is affirmative action. Affirmative action is a policy of affording minorities certain privileges in order to combat the historical prejudice against them. In an effort to redress the historical injustices faced by African Americans, Hispanics, and other minorities, universities and employers acrossRead MoreAffirmative Action For College Admissions990 Words   |  4 Pages Affirmative action in college admissions continues to be heatedly debated. In 2003, the Supreme Court had ruled in Grutter v. Bollinger that diversity was a compelling interest for colleges to use race in admissions. In the amicus brief that the American Sociological Association et al. provided to the Supreme Court, sociological evidence was presented to elucidate the value of affirmative action. Yet in 2006, Proposal 2 was passed in Michigan to ban affirmative action in public education (Levitsky)Read MoreEssay on Affirmative Act ion Discriminates against Asians1146 Words   |  5 PagesAffirmative action has been viewed as an effective tool for rectifying the inequalities of racism in our country’s past. It is a set of procedures intended to eliminate the discrimination of an applicant based on their ethnic origin. President John F. Kennedy first introduced the concept â€Å"broadly across the United States with his Executive Order number 10925† and â€Å"in 1978 the Supreme Court ruled that race could be used as an admission standard† (Wilcher). The utilization of race is a â€Å"plus factor†Read MoreEssay On Affirmative Action1556 Words   |  7 Pagesled to complications and issues regarding admission processes admitting minority students who are underqualified compared to students not of color in the name of diversity. Diversity has many benefits and the implemented necessity for a diverse campus has lowered racial prejudice in recent years. However, the need for diversity shouldn’t surpass the standards or requirements necessary to attend a certain university of choice. Admissions councils from colleges all over the country have started overlookingRead MoreThe State Of California Overturn Prop 2091731 Words   |  7 PagesTo: Social Workers, Higher Education Admissions to the State of California From: #34328759 Date: 11/25/2014 RE: Affirmative Action: A Win-Win for all Students in California Beyond Proposal: I propose that the state of California overturn Prop 209, which had previously removed race, religion, sex, color, ethnicity and national origin as consideration factors for admission to universities for undergraduate learning. Increasing additional students of color who enroll not only expands opportunitiesRead MoreAffirmative Action : Discrimination And Ethnicity Essay1459 Words   |  6 PagesLucia Lopez Intro to Philosophy Professor Gill Affirmative Action In â€Å"Arguing Affirmative Action,† Harvard professor Michael J. Sandel discusses the arguments that have arisen from the entry of affirmative action into practice. Affirmative action refers to admission policies, in this case put into effect by universities, that provide equal access to education for groups that have been historically excluded or underrepresented, such as women and minorities. In his essay, Sandel asks whether itRead MoreThe Problem Of A Virtual Unethical Stigma1205 Words   |  5 Pagesmore racial profiling because it is 2015, but this is not the case for college administrations. Quota systems that use race to exclude or include people from higher education and the opportunities it offers are divisive, unjustifiable and difficult to square with the constitution. As a country, government, people, we must battle to react to prejudice wherever we find it, yet as we work to address the wrong of racial prejudice, we need not use means to create another virtua l unethical stigma. AccordingRead More The Perils of Affirmative Action Essay1267 Words   |  6 PagesThe Perils of Affirmative Action    On January 16th of this year, I picked up the Washington Post and read an article by Richard Cohen that weakly criticized the lack of ethnic diversity in President Bushs new cabinet. The article was an interesting analysis of the ethnicity of Bushs cabinet, but it is even more significant as it dealt with an issue that is becoming of greater concern in this country: affirmative action. This issue has affected me in the past. I live in Northern Virginia,Read MoreEssay about The Rotten Apple1131 Words   |  5 Pagesexpects you to perform any better. The Chinese kid is pushed for more and more, never reaching the impossible demands that keep piling up, and the black kid is expected to do less and less, becoming lost in apathy. When it comes time to apply for college, the Chinese kid is about to have a nervous break down from all the pressure put on him to get into Harvard or Yale, since to the world, anything less and the kid is branded a failure. The black kid, on the other hand, wo rks just as hard, gets into

The U.S. Flawed Immigration System Must be Reformed Essay

Memorandum TO: Representative Michael McCaul SUBJECT: Immigration Reform The issue of illegal immigration has daunted this nation for many years. Currently, there are 11 million illegal immigrants living in the United States. Immigration reform is necessary, but amnesty is not. Last year, the United States Senate passed the ‘Border Security, Economic Opportunity, and Immigration Modernization Act’ by a vote of 68-32. If this bill becomes law, America will still not have fixed it’s illegal immigration issue. There are many flaws to the current immigration bill in Congress, such as the fiscal costs to taxpayers, government spending, and â€Å"border triggers†. A few commonsense fixes to improve our nation’s immigration dilemma are†¦show more content†¦More night-day sensors will provide improved detection of illegal crossings in remote areas. Thermal imaging systems are essential to law enforcement in areas with tall grass and substantial hiding space. Thermal imaging drastically increases the odds of border patrol capturing those trying to cross illegally, especially in the dark. Reforming the Legal Immigration and Visa System The current U.S. legal immigration and visa system is inefficient and flawed. Immigrant workers who would help grow the U.S. economy often face time-consuming paperwork and bureaucratic nonsense. The current immigration bill does not improve the legal immigration and visa system effectively. Policies that would effectively reform the system are more H-1B visas, a streamlined application, a reduction is fees. Currently, H-1B visas which are capped at 85,000 annually, should be raised as well as simplified to renew. Highly educated and skilled workers benefit the U.S. economy and provide companies great employees. A streamlined application will help make it simpler to obtain a visa. This application would not reduce security measures that help ensure we are only allowing safe immigrants, it would simply remove the time consuming nonsense that hold up most applications. The expensive application process deters many first time applicants and H-1B workers from attempting to re-new their v isas. Many well deserving applicantsShow MoreRelatedModern History.Hsc.2012 Essay25799 Words   |  104 Pages- When a German U-boat sank the British liner Lusitania in 1915, with 128 Americans aboard, U.S. President Woodrow Wilson vowed, America is too proud to fight and demanded an end to attacks on passenger ships. Germany complied. - Wilson unsuccessfully tried to mediate a settlement. He repeatedly warned the U.S. would not tolerate unrestricted submarine warfare, in violation of international law and U.S. ideas of human rights. Wilson was under pressure from former president Theodore Roosevelt

Chapter 34 Priori Incantatem Free Essays

Wormtail approached Harry, who scrambled to find his feet, to support his own weight before the ropes were untied. Wormtail raised his new silver hand, pulled out the wad of material gagging Harry, and then, with one swipe, cut through the bonds tying Harry to the gravestone. There was a split second, perhaps, when Harry might have considered running for it, but his injured leg shook under him as he stood on the overgrown grave, as the Death Eaters closed ranks, forming a tighter circle around him and Voldemort, so that the gaps where the missing Death Eaters should have stood were filled. We will write a custom essay sample on Chapter 34 Priori Incantatem or any similar topic only for you Order Now Wormtail walked out of the circle to the place where Cedric’s body lay and returned with Harry’s wand, which he thrust roughly into Harry’s hand without looking at him. Then Wormtail resumed his place in the circle of watching Death Eaters. â€Å"You have been taught how to duel. Harry Potter?† said Voldemort softly, his red eyes glinting through the darkness. At these words Harry remembered, as though from a former life, the dueling club at Hogwarts he had attended briefly two years ago†¦.All he had learned there was the Disarming Spell, â€Å"Expelliarmus†Ã¢â‚¬ ¦and what use would it be to deprive Voldemort of his wand, even if he could, when he was surrounded by Death Eaters, outnumbered by at least thirty to one? He had never learned anything that could possibly fit him for this. He knew he was facing the thing against which Moody had always warned†¦the unblockable Avada Kedavra curse – and Voldemort was right – his mother was not here to die for him this time†¦.He was quite unprotected†¦. â€Å"We bow to each other. Harry,† said Voldemort, bending a little, but keeping his snakelike face upturned to Harry. â€Å"Come, the niceties must be observed†¦.Dumbledore would like you to show manners†¦.Bow to death, Harry†¦.† The Death Eaters were laughing again. Voldemort’s lipless mouth was smiling. Harry did not bow. He was not going to let Voldemort play with him before killing him†¦he was not going to give him that satisfaction†¦. â€Å"I said, bow,† Voldemort said, raising his wand – and Harry felt his spine curve as though a huge, invisible hand were bending him ruthlessly forward, and the Death Eaters laughed harder than ever. â€Å"Very good,† said Voldemort softly, and as he raised his wand the pressure bearing down upon Harry lifted too. â€Å"And now you face me, like a man†¦straight-backed and proud, the way your father died†¦. â€Å"And now – we duel.† Voldemort raised his wand, and before Harry could do anything to defend himself, before he could even move, he had been hit again by the Cruciatus Curse. The pain was so intense, so all-consuming, that he no longer knew where he was†¦.White-hot knives were piercing every inch of his skin, his head was surely going to burst with pain, he was screaming more loudly than he’d ever screamed in his life – And then it stopped. Harry rolled over and scrambled to his feet; he was shaking as uncontrollably as Wormtail had done when his hand had been cut off; he staggered sideways into the wall of watching Death Eaters, and they pushed him away, back toward Voldemort. â€Å"A little break,† said Voldemort, the slit-like nostrils dilating with excitement, â€Å"a little pause†¦That hurt, didn’t it. Harry? You don’t want me to do that again, do you?† Harry didn’t answer. He was going to die like Cedric, those pitiless red eyes were telling him so†¦he was going to die, and there was nothing he could do about it†¦but he wasn’t going to play along. He wasn’t going to obey Voldemort†¦he wasn’t going to beg†¦. â€Å"I asked you whether you want me to do that again,† said Voldemort softly. â€Å"Answer me! Imperio!† And Harry felt, for the third time in his life, the sensation that his mind had been wiped of all thought†¦.Ah, it was bliss, not to think, it was as though he were floating, dreaming†¦just answer no†¦say no†¦just answer no†¦. I will not, said a stronger voice, in the back of his head, I won’t answer†¦. Just answer no†¦. I won’t do it, I won’t say it†¦. Just answer no†¦. â€Å"I WON’T!† And these words burst from Harry’s mouth; they echoed through the graveyard, and the dream state was lifted as suddenly as though cold water had been thrown over him – back rushed the aches that the Cruciatus Curse had left all over his body – back rushed the realization of where he was, and what he was facing†¦. â€Å"You won’t?† said Voldemort quietly, and the Death Eaters were not laughing now. â€Å"You won’t say no? Harry, obedience is a virtue I need to teach you before you die†¦.Perhaps another little dose of pain?† Voldemort raised his wand, but this time Harry was ready; with the reflexes born of his Quidditch training, he flung himself sideways onto the ground; he rolled behind the marble headstone of Voldemort’s father, and he heard it crack as the curse missed him. â€Å"We are not playing hide-and-seek, Harry,† said Voldemort’s soft, cold voice, drawing nearer, as the Death Eaters laughed. â€Å"You cannot hide from me. Does this mean you are tired of our duel? Does this mean that you would prefer me to finish it now, Harry? Come out, Harry†¦come out and play, then†¦it will be quick†¦it might even be painless†¦I would not know†¦I have never died†¦.† Harry crouched behind the headstone and knew the end had come. There was no hope†¦no help to be had. And as he heard Voldemort draw nearer still, he knew one thing only, and it was beyond fear or reason: He was not going to die crouching here like a child playing hide-and-seek; he was not going to die kneeling at Voldemort’s feet†¦he was going to die upright like his father, and he was going to die trying to defend himself, even if no defense was possible†¦. Before Voldemort could stick his snakelike face around the headstone. Harry stood up†¦he gripped his wand tightly in his hand, thrust it out in front of him, and threw himself around the headstone, facing Voldemort. Voldemort was ready. As Harry shouted, â€Å"Expelliarmus!† Voldemort cried, â€Å"Avada Kedavra!† A jet of green light issued from Voldemort’s wand just as a jet of red light blasted from Harry’s – they met in midair – and suddenly Harry’s wand was vibrating as though an electric charge were surging through it; his hand seized up around it; he couldn’t have released it if he’d wanted to – and a narrow beam of light connected the two wands, neither red nor green, but bright, deep gold. Harry, following the beam with his astonished gaze, saw that Voldemort’s long white fingers too were gripping a wand that was shaking and vibrating. And then – nothing could have prepared Harry for this – he felt his feet lift from the ground. He and Voldemort were both being raised into the air, their wands still connected by that thread of shimmering golden light. They glided away from the tombstone of Voldemort’s father and then came to rest on a patch of ground that was clear and free of graves†¦.The Death Eaters were shouting; they were asking Voldemort for instructions; they were closing in, reforming the circle around Harry and Voldemort, the snake slithering at their heels, some of them drawing their wands – The golden thread connecting Harry and Voldemort splintered; though the wands remained connected, a thousand more beams arced high over Harry and Voldemort, crisscrossing all around them, until they were enclosed in a golden, dome-shaped web, a cage of light, beyond which the Death Eaters circled like jackals, their cries strangely muffled now†¦. â€Å"Do nothing!† Voldemort shrieked to the Death Eaters, and Harry saw his red eyes wide with astonishment at what was happening, saw him fighting to break the thread of light still connecting his wand with Harry’s; Harry held onto his wand more tightly, with both hands, and the golden thread remained unbroken. â€Å"Do nothing unless I command you!† Voldemort shouted to the Death Eaters. And then an unearthly and beautiful sound filled the air†¦.It was coming from every thread of the light-spun web vibrating around Harry and Voldemort. It was a sound Harry recognized, though he had heard it only once before in his life: phoenix song. It was the sound of hope to Harry†¦the most beautiful and welcome thing he had ever heard in his life†¦.He felt as though the song were inside him instead of just around him†¦.It was the sound he connected with Dumbledore, and it was almost as though a friend were speaking in his ear†¦. Don’t break the connection. I know. Harry told the music, I know I mustn’t†¦but no sooner had he thought it, than the thing became much harder to do. His wand began to vibrate more powerfully than ever†¦and now the beam between him and Voldemort changed too†¦it was as though large beads of light were sliding up and down the thread connecting the wands – Harry felt his wand give a shudder under his hand as the light beads began to slide slowly and steadily his way†¦.The direction of the beams movement was now toward him, from Voldemort, and he felt his wand shudder angrily†¦. As the closest bead of light moved nearer to Harry’s wand tip, the wood beneath his fingers grew so hot he feared it would burst into flame. The closer that bead moved, the harder Harry’s wand vibrated; he was sure his wand would not survive contact with it; it felt as though it was about to shatter under his fingers – He concentrated every last particle of his mind upon forcing the bead back toward Voldemort, his ears full of phoenix song, his eyes furious, fixed†¦and slowly, very slowly, the beads quivered to a halt, and then, just as slowly, they began to move the other way†¦and it was Voldemort’s wand that was vibrating extra-hard now†¦Voldemort who looked astonished, and almost fearful†¦. One of the beads of light was quivering, inches from the tip of Voldemort’s wand. Harry didn’t understand why he was doing it, didn’t know what it might achieve†¦but he now concentrated as he had never done in his life on forcing that bead of light right back into Voldemort’s wand†¦and slowly†¦very slowly†¦it moved along the golden thread†¦it trembled for a moment†¦and then it connected†¦. At once, Voldemort’s wand began to emit echoing screams of pain†¦then – Voldemort’s red eyes widened with shock – a dense, smoky hand flew out of the tip of it and vanished†¦the ghost of the hand he had made Wormtail†¦more shouts of pain†¦and then something much larger began to blossom from Voldemort’s wand tip, a great, grayish something, that looked as though it were made of the solidest, densest smoke†¦.It was a head†¦now a chest and arms†¦the torso of Cedric Diggory. If ever Harry might have released his wand from shock, it would have been then, but instinct kept him clutching his wand tightly, so that the thread of golden light remained unbroken, even though the thick gray ghost of Cedric Diggory (was it a ghost? it looked so solid) emerged in its entirety from the end of Voldemort’s wand, as though it were squeezing itself out of a very narrow tunnel†¦and this shade of Cedric stood up, and looked up and down the golden thread of light, and spoke. â€Å"Hold on. Harry,† it said. Its voice was distant and echoing. Harry looked at Voldemort†¦his wide red eyes were still shocked†¦he had no more expected this than Harry had†¦and, very dimly. Harry heard the frightened yells of the Death Eaters, prowling around the edges of the golden dome. More screams of pain from the wand†¦and then something else emerged from its tip†¦the dense shadow of a second head, quickly followed by arms and torso†¦an old man Harry had seen only in a dream was now pushing himself out of the end of the wand just as Cedric had done†¦and his ghost, or his shadow, or whatever it was, fell next to Cedric’s, and surveyed Harry and Voldemort, and the golden web, and the connected wands, with mild surprise, leaning on his walking stick†¦. â€Å"He was a real wizard, then?† the old man said, his eyes on Voldemort. â€Å"Killed me, that one did†¦.You fight him, boy†¦.† But already, yet another head was emerging†¦and this head, gray as a smoky statue, was a woman’s†¦.Harry, both arms shaking now as he fought to keep his wand still, saw her drop to the ground and straighten up like the others, staring†¦. The shadow of Bertha Jorkins surveyed the battle before her with wide eyes. â€Å"Don’t let go, now!† she cried, and her voice echoed like Cedric’s as though from very far away. â€Å"Don’t let him get you, Harry – don’t let go!† She and the other two shadowy figures began to pace around the inner walls of the golden web, while the Death Eaters flitted around the outside of it†¦and Voldemort’s dead victims whispered as they circled the duelers, whispered words of encouragement to Harry, and hissed words Harry couldn’t hear to Voldemort. And now another head was emerging from the tip of Voldemort’s wand†¦and Harry knew when he saw it who it would be†¦he knew, as though he had expected it from the moment when Cedric had appeared from the wand†¦knew, because the man appearing was the one he’d thought of more than any other tonight†¦. The smoky shadow of a tall man with untidy hair fell to the ground as Bertha had done, straightened up, and looked at him†¦and Harry, his arms shaking madly now, looked back into the ghostly face of his father. â€Å"Your mother’s coming†¦Ã¢â‚¬  he said quietly. â€Å"She wants to see you†¦it will be all right†¦hold on†¦.† And she came†¦first her head, then her body†¦a young woman with long hair, the smoky, shadowy form of Lily Potter blossomed from the end of Voldemort’s wand, fell to the ground, and straightened like her husband. She walked close to Harry, looking down at him, and she spoke in the same distant, echoing voice as the others, but quietly, so that Voldemort, his face now livid with fear as his victims prowled around him, could not hear†¦. â€Å"When the connection is broken, we will linger for only moments†¦but we will give you time†¦you must get to the Portkey, it will return you to Hogwarts†¦do you understand, Harry?† â€Å"Yes,† Harry gasped, fighting now to keep a hold on his wand, which was slipping and sliding beneath his fingers. â€Å"Harry†¦Ã¢â‚¬  whispered the figure of Cedric, â€Å"take my body back, will you? Take my body back to my parents,†¦Ã¢â‚¬  â€Å"I will,† said Harry, his face screwed up with the effort of holding the wand. â€Å"Do it now,† whispered his father’s voice, â€Å"be ready to run†¦do it now†¦.† â€Å"NOW!† Harry yelled; he didn’t think he could have held on for another moment anyway – he pulled his wand upward with an almighty wrench, and the golden thread broke; the cage of light vanished, the phoenix song died – but the shadowy figures of Voldemort’s victims did not disappear – they were closing in upon Voldemort, shielding Harry from his gaze – And Harry ran as he had never run in his life, knocking two stunned Death Eaters aside as he passed; he zigzagged behind headstones, feeling their curses following him, hearing them hit the headstones – he was dodging curses and graves, pelting toward Cedric’s body, no longer aware of the pain in his leg, his whole being concentrated on what he had to do – â€Å"Stun him!† he heard Voldemort scream. Ten feet from Cedric, Harry dived behind a marble angel to avoid the jets of red light and saw the tip of its wing shatter as the spells hit it. Gripping his wand more tightly, he dashed out from behind the angel – â€Å"Impedimenta!† he bellowed, pointing his wand wildly over his shoulder at the Death Eaters running at him. From a muffled yell, he thought he had stopped at least one of them, but there was no time to stop and look; he jumped over the cup and dived as he heard more wand blasts behind him; more jets of light flew over his head as he fell, stretching out his hand to grab Cedric’s arm†¦ â€Å"Stand aside! I will kill him! He is mine!† shrieked Voldemort. Harry’s hand had closed on Cedric’s wrist; one tombstone stood between him and Voldemort, but Cedric was too heavy to carry, and the cup was out of reach – Voldemort’s red eyes flamed in the darkness. Harry saw his mouth curl into a smile, saw him raise his wand. â€Å"Accio!† Harry yelled, pointing his wand at the Triwizard Cup. It flew into the air and soared toward him. Harry caught it by the handle – He heard Voldemort’s scream of fury at the same moment that he felt the jerk behind his navel that meant the Portkey had worked – it was speeding him away in a whirl of wind and color, and Cedric along with him†¦.They were going back. How to cite Chapter 34 Priori Incantatem, Essay examples

Critical Reflection on Concept of Cultural Safety †Free Samples

Question: Discuss about the Critical Reflection on Concept of Cultural Safety. Answer: Introduction: Old age care plan has a central goal to provide the elders of the society a healthy body and mind through medical interventions so that their rest of the life becomes easier and happier. However, cultural diversity becomes a barrier to this system as depending on their diversity, patients requires several special interventions which should be managed by the healthcare facility (Cottrell, 2017). While going through this concept in the session 3a, I was able to understand other concepts such as critical thinking and reasoning, interpersonal relationships and its role in culturally competent healthcare practice. In this assignment I will be reflecting on these learnings in a form of reflective journal and will cover all aspects of it. Cultural safety is an important aspect in nursing as it is the responsibility of the professionals to care and respect the religion, food, personal thinking, family and religion related customs and lifestyle related resources (Truong, Paradies Priest, 2014). This is also important as these facts are important to nourish and maintain the health and wellbeing of associated people. Hence, it has the biggest impact on my practice as this concept is important for me to understand to care immigrants of patients having different preferences. While studying this lesson, the four aspects of cultural safety was an aha moment for me, as I was unaware of these concepts before. Hence, after learning the lesson I totally agree to the fact that to become nonjudgmental towards others choices, we should develop personal and professional self-awareness as well as should possess organizational and community related awareness so that while treating a patient of different culture, we are able to maintai n the cross cultural relations (Patankar, 2012). I would not support any alternative perspective to this as these four aspects are able to manifest cultural competency within healthcare professionals. Hence, while mentioning my thoughts and opinions about todays study, I would like to state the cultural competency is an important aspect of patient and healthcare experts relationship that triggers the speedy recovery of patients. This is because interpersonal communication without being judgmental increases the trust of patients upon healthcare professionals hence, they receive all the interventions without any hesitation to attain recovery. To understand more about cultural competency, I read the book written by Cottrell (2017), which states that cultural competency treats a minor patient equally and removes all of his doubt regarding his cultural safety while receiving care in the healthcare facility. Hence, the cultural competency should be meaningful and sensitive (Gerlach, 2012) . Therefore, this topic has huge implication in my future, as while conducting my professional career I want to treat each of my patients equally despite their different origin, culture, community and society. Finally, this practice has critical role in communication, as depending on cultural safety, patients will be motivated to convey their preferences to the healthcare professionals, depending on which, proper intervention will be applied to the patients (Pauly et al., 2012). While concluding this reflective journal, it should be mentioned that cultural safety is an important aspect of senior healthcare nowadays and therefore, it is the duty of healthcare professionals to learn about concept clearly to manage such situation in future. References Cottrell, S. (2017).Critical thinking skills, 1st edn, pp. 123-145, Macmillan Education. Gerlach, A. J. (2012). A critical reflection on the concept of cultural safety.Canadian Journal of Occupational Therapy,79(3), 151-158. Patankar, M. S. (2012).Safety culture: Building and sustaining a cultural change in aviation and healthcare., 2nd edn, pp. 67-89, Ashgate Publishing, Ltd.. Pauly, B. B., McCall, J., Browne, A. J., Parker, J., Mollison, A. (2015). Toward cultural safety: nurse and patient perceptions of illicit substance use in a hospitalized setting.Advances in nursing science,38(2), 121-135. Truong, M., Paradies, Y., Priest, N. (2014). Interventions to improve cultural competency in healthcare: a systematic review of reviews.BMC health services research,14(1), 99.