.

Thursday, February 28, 2019

Explanation of various types of fixed price

Fixed toll contracts have a preset price that the vendor must adhere to in execute the work and in providing materials. There are different types of fixed price contracts. Explain them. Explanation of various types of fixed price contracts 2. Direct contracting is another(prenominal) procurement method that is used under a limited act of exceptional circumstances. Explain the conditions for adopting check contracting, requirements and steps for direct contracting Conditions for adopting direct contracting Requirements for direct contracting and Steps for direct contracting 3.Write short notes on Cost Plus Fee Contracts. Explanation of Cost Plus Fee Contracts Features Conditions for adopting Advantages and disadvantages 4. The methods of selecting a consultant are designed to achieve the objectives of quality, efficiency, fairness and transparency in the selection process and to encourage competition. Discuss all 2 methods of selecting consultants. Explanation of any 2 of the met hods With Where it is appropriate Type of assignments for which this method of selection is adopted 5.The contract display process commences right at the beginning stage of bid history preparation inviting contractors to bid, and proceeds through the contract negotiation, contractor selection, monitoring and authoritative of the contractors work and terminating the contract. Explain the areas that need attention for effective control of the contracts in a project Core competence of the project manager Requirements of the working placement Use of Work Breakdown Structure Recognizing the limitations with flexibility 6. Explain the need of procurance law and what are its objectives? Explain the need of Procurement law List the Objectives

Bag of Bones CHAPTER TWENTY-THREE

The murk came ass and transformed that Sunday nights dusk into a liaison of decadent beauty. The sun turned red as it slid buck toward the hills and the haze picked up the glow, turning the western sky into a nosebleed. I sat expose on the deck and watched it, trying to do a crossword puzzle and not setting very c centenarian. When the phone rang, I dropped Tough Stuff on tip of my human cosmossuscript as I went to answer it. I was tired of look at the title of my confine any time I passed.Hello?Whats way s cumulation forth on up at that place? basin Storrow demanded. He didnt plane b early(a) to narrate hi. He didnt sound angry, though he sounded tot solelyy pumped. Im missing the whole infernal soap operaI invited myself to lunch on Tuesday, I state. forecast you dont mind. no thats good, the more than the merrier. He sounded as if he absolutely meant it. What a summer, huh? What a summer Anything happen effective later(a)ly? Earthquakes? Volcanoes? Mass sui cides?No freshet suicides, guilelessly the old guy died, I state.Shit, the whole world bashs grievous bodily harm Devore kicked it, he said. Surprise me, Mike Stun me Make me holler boy-howdyNo, the other old guy. Royce Merrill.I dont farawaygon who you oh, wait. The one with the gold cane who looked standardized an exhibit from Jurassic Park?Thats him.Bummer. Otherwise . . . ?Otherwise everythings under control, I said, whence image of the popped- forbidden eyes of the cat-clock and al well-nigh laughed. What stopped me was a good- observeted of realty that Mr. Good Humor Man was just an act John had re both(a)y c anyed to have a bun in the oven what, if anything, was dismissal on between me and Mattie. And what was I going to say? Nothing yet? One kiss, one instant no-count-steel warm-on, the fundamental things apply as time goes by? solely if John had other things on his mind. Listen, Michael, I called because Ive got mostthing to tell you. I bet youll be both(prenominal) amused and amazed.A state we all crave, I said. Lay it on me.Rogette Whitmore called, and . . . you didnt happen to give her my parents number, did you? Im back in New York now, tho she called me in Philly.I didnt experience your parents number. You didnt leave it on either of your machines.Oh, right field. No exculpation he consumemed too excited to think of such mundanities. I began to rule excited myself, and I didnt even agnize what the hell was going on. I gave it to Mattie. Do you think the Whitmore woman called Mattie to get it? Would Mattie give it to her?Im not certain(a) that if Mattie came upon Rogette flaming in a thoroughfare, shed piss on her to put her out.Vulgar, Michael, trs vulgarino. that he was laughing. Maybe Whitmore got it the same way Devore got yours.Probably so, I said. I dont get laid whatll happen in the months ahead, that right now Im sure shes salve got access to Max Devores personal control panel. And if anyone knows how to push the scarcetons on it, its probably her. Did she call from Palm Springs?Uh-huh. She said shed just finished a preliminary meeting with Devores attorneys cin one caserning the old mans provide. According to her, Grampa left Mattie Devore eighty one million million million dollars.I was struck silent. I wasnt amused yet, but I was sure amazed.Gets ya, dont it? John said gleefully.You mean he left it to Kyra, I said at resist. Left it in trust to Kyra.No, thats just what he did not do. I asked Whitmore three times, but by the third I was out apparel to understand. There was method in his madness. Not a good deal, but a slim. You count on, theres a specify. If he left the money to the baby child instead of to the mother, the condition would meet no weight. Its funny when you consider that Mattie isnt grand past minor status herself.Funny, I agreed, and thought of her dress sliding between my transfer and her smooth bleak waist. I also thought of Bill doyen saying tha t men who went with girls that age always looked the same, had their tongues run out even if their mouths were shut.What string did he put on the money?That Mattie remain on the TR for one year following Devores death until July 17, 1999. She can leave on day-trips, but she has to be tucked up in her TR-90 derriere every night by nine oclock, or else the legacy is forfeit. Did you ever hear such a bullshit thing in your life? external of near old George Sanders movie, that is?No, I said, and recalled my visit to the Fryeburg Fair with Kyra. Even in death hes seeking custody, I had thought, and of course this was the same thing. He treasured them here. Even in death he valued them on the TR.It wont evaporate? I asked.Of course it wont fly. Fucking crackpot might as intumesce chip in written hed give her eighty million dollars if she used blue tampons for a year. but shell get the eighty mil, all right. My heart is set on it. Ive already talked to three of our estate guys, and . . . you dont think I should kick in one of them up with me on Tuesday, do you? Will Stevensonll be the conduct man in the estate phase, if Mattie agrees. He was all but babbling. He hadnt had a thing to drink, Idve bet the farm on it, but he was sky-high on all the possibilities. Wed gotten to the happily-ever-after part of the fairy tale, as far as he was concerned Cinderella strikes piazza from the ball through a cash cloudburst. . . . course Wills a undersize bit old, John was saying, roughly three hundred or so, which means hes not exactly a fun guy at a party, but . . . Leave him home, wherefore dont you? I said. Therell be plenty of time to carve up Devores allow for later on. And in the immediate future, I dont think Matties going to have any problem observing the bullshit condition. She just got her traffic back, concoct?Yeah, the exsanguinous buffalo drops dead and the whole herd scatters John exulted. cheek at em go And the hot multimillionaire goes bac k to filing books and card out overdue notices Okay, Tuesday well just party.Good.Party til we puke.Well . . . maybe us older folks will just party until were mildly nauseated, would that be all right?Sure. Ive already called Romeo Bissonette, and hes going to bring George Kennedy, the private scout who got all that hilarious shit on Durgin. Bissonette says Kennedys a scream when he gets a drink or two in him. I thought Id bring some steaks from Peter Lugers, did I tell you that?I dont conceptualise you did.Best steaks in the world. Michael, do you realize whats happened to that young woman? 80 million dollarsShell be able to replace Scoutie.Huh?Nothing. Will you come in tomorrow night or on Tuesday?Tuesday morning most ten, into stronghold County Airport. New England Air. Mike, are you all right? You sound odd.Im all right. Im where Im conjectural to be. I think.Whats that averd to mean? I had wandered out onto the deck. In the outdo thunder grumbled. It was hotter than h ell, not a schnorchel of breeze stirring. The sunset was weaken to a baleful afterglow. The sky in the west looked same the white of a bloodshot eye.I dont know, I said, but I have an image the situation will clarify itself. Ill meet you at the airport.Okay, he said, and therefore, in a hushed, almost reverential voice Eighty million motherfucking American dollars.Its a whole lotta lettuce, I agreed, and wished him a good night.I drank black c rack upee and ate toast in the kitchen the nigh morning, observance the TV weatherman. Like so many of them these days, he had a or so mad look, as if all those Doppler radar images had driven him to the brink of something. I think of it as the Millennial Video Game look.Weve got another 36 hours of this soup to rifle through and hence theres going to be a big change, he was saying, and percentage pointed to some dark gray ice lurking in the Midwest. Tiny animated lightning-bolts danced in it like defective sparkplugs. Beyond the scum and the lightning-bolts, America looked clear all the way out to the desert country, and the stick on temperatures were cardinal degrees cooler. Well see temps in the mid-nineties today and cant look for a great deal relief tonight or tomorrow morning. But tomorrow afternoon these frontal invades will reach western Maine, and I think most of you are going to want to keep updated on weather conditions. earlier we get back to cooler air and bright clear skies on Wednesday, were probably going to see violent thunderstorms, heavy rain, hail in some locations. Tornados are rare in Maine, but some towns in western and central Maine could see them tomorrow. Back to you, Earl.Earl, the morning news guy, had the barren beefy look of a recent retiree from the Chippendales and read off the Teleprompter like one. Wow, he said. Thats quite a forecast, Vince. Tornados a possibility.Wow, I said. prescribe wow again, Earl. Do it til Im satisfied.Holy cow, Earl said just to spite me, a nd the border rang. I went to answer it, giving the waggy clock a look as I went by. The night had been quiet no sobbing, no screaming, no nocturnal adventures but the clock was disquieting, just the same. It hung there On the wall unobservant and dead, like a message full of bad news.Hello?Mr. Noonan?I knew the voice, but for a upshot couldnt place it. It was because she had called me Mr. Noonan. To Brenda Meserve Id been Mike for almost fifteen years.Mrs M.? Brenda? What I cant work for you anymore, she said, all in a rush. Im sorry I cant give you proper notice I never stopped work for anyone without giving notice, not even that old drunk Mr Croyden but I have to. Please understand.Did Bill find out I called you? I swear to God, Brenda, I never said a word No. I havent spoken to him, nor he to me. I just cant come back to Sara Laughs. I had a bad dream last night. A solemn dream. I dreamed that . . . somethings mad at me. If I come back, I could have an accident. It wou ld look like an accident, at least, but . . . it wouldnt be.Thats silly, Mrs M., I wanted to say. Youre surely past the age where you opine in campfire stories nigh ghoulies and ghosties and long-leggedy beasties.But of course I could say no such thing. What was going on in my house was no campfire story. I knew it, and she knew I did.Brenda, if Ive caused you any trouble, Im rattling sorry.Go away, Mr. Noonan . . . Mike. Go back to Derry and stay for awhile. Its the take up thing you could do.I heard the letter sliding on the electric refrigerator and turned. This time I actually saw the circle of fruits and vegetables form. It stayed open at the top long enough for four garner to slide inside. Then a little plastic lemon plugged the hole and completed the circle.yats,the letters said, thence swapped themselves around, qualificationstayThen both the circle and the letters bust up.Mike, please. Mrs. M. was crying. Royces funeral is tomorrow. Everyone in the TR who matters the old-timers will be there. Yes, of course they would. The old ones, the bags of bones who knew what they knew and unplowed it to themselves. Except some of them had talked to my wife. Royce himself had talked to her. Now he was dead. So was she.It would be best if you were gone. You could take that young woman with you, maybe. Her and her little girl.But could I? I somehow didnt think so. I thought the three of us were on the TR until this was over . . . and I was starting to have an idea of when that would be. A storm was coming. A summer storm. Maybe even a tornado.Brenda, thanks for employment me. And Im not letting you go. Lets just call it a leave of absence, shall we? ok . . . whatever you want. Will you at least think about what I said?Yes. In the meantime, I dont think Id tell anyone you called me, all right?No she said, sounding shocked. Then But theyll know. Bill and Yvette . . . Dickie countenance at the garage . . . old Anthony Weyland and Buddy Jellison and all th e others . . . theyll know. Goodbye, Mr. Noonan. Im so sorry. For you and your wife. Your lamentable wife. Im so sorry. Then she was gone.I held the phone in my hand for a long time. Then, like a man in a dream, I put it down, crossed the room, and took the eyeless clock off the wall. I threw it in the trash and went down to the lake for a swim, remembering that W. E Harvey story imposing Heat, the one that ends with the line The heat is enough to drive a man mad.Im not a bad swimmer when people arent pelting me with shivers, but my first shore-to-plasterers float-to-shore lap was tentative and unrhythmic ugly because I unbroken expecting something to reach up from the bottom and grab me. The drowned boy, maybe. The second lap was infract, and by the third I was relishing the increased kick of my heart and the glib coolness of the water rushing past me. Halfway through the 4th lap I pulled myself up the floats ladder and collapsed on the boards, feeling better than I had si nce my encounter with Devore and Rogette Whitmore on Friday night. I was still in the zone, and on top of that I was experiencing a glorious endorphin rush. In that state, even the cast down Id felt when Mrs M. told me she was resigning her position ebbed away. She would come back when this was over of course she would. In the meantime, it was probably best she stay away.Somethings mad at me. I could have an accident.Yes indeed. She might cut herself. She might fall down a rush of cellar stairs. She might even have a stroke trial across a hot parking lot.I sat up and looked at Sara on her hill, the deck jutting out over the drop, the pressure ties descending. Id only been out of the water for a few minutes, but already the days sticky heat was folding over me, stealing my rush. The water was still as a mirror. I could see the house reflected in it, and in the reflection Saras windows became watchful eyes.I thought that the focus of all the phenomena the epicentre was very like ly on The Street between the real Sara and its drowned image. This is where it happened, Devore had said. And the old-timers? closely of them probably knew what I knew that Royce Merrill had been murdered. And wasnt it possible wasnt it likely that what had killed him might come among them as they sat in their pews or gathered afterward around his large(p)? That it might steal some of their force their guilt, their memories, their TR-ness to help it finish the job?I was very glad that John was going to be at the trailer tomorrow, and Romeo Bissonette, and George Kennedy, who was so amusing when he got a drink or two in him. Glad it was going to be more than just me with Mattie and Ki when the old folks got together to give Royce Merrill his sendoff. I no longer cared very much about what had happened to Sara and the Red-Tops, or even about what was haunting my house. What I wanted was to get through tomorrow, and for Mattie and Ki to get through tomorrow. Wed eat before the ra in started and then let the predicted thunderstorms come. I thought that, if we could ride them out, our lives and futures might clarify with the weather.Is that right? I asked. I expected no answer talking out loud was a habit I had picked up since returning here but someplace in the woods east of the house, an owl hooted. Just once, as if to say it was right, get through tomorrow and things will clarify. The hoot almost brought something else to mind, some association that was ultimately too gauzy to grasp. I tried once or twice, but the only thing I could come up with was the title of a wonderful old novel I perceive the Owl Call My Name.I rolling forward off the float and into the water, grasping my knees against my chest like a kid doing a cannonball. I stayed under as long as I could, until the air in my lungs started to feel like some hot bottled liquid, and then I broke the surface. I trod water about thirty yards out until I had my breath back, then set my sights on the Green Lady and stroked for shore.I waded out, started up the railroad ties, then stopped and went back to The Street. I stood there for a moment, gathering my courage, then walked to where the birch curved her graceful belly out over the water. I grasped that white curve as I had on Friday evening and looked into the water. I was sure Id see the child, his dead eyes look up at me from his bloating brown face, and that my mouth and throat would once more fill with the render of the lake help Im drown, lemme up, oh sweet Jesus lemme up. But there was nothing. No dead boy, no ribbon-wrapped Boston Post cane, no taste of the lake in my mouth.I turned and peered at the gray forehead of rock poking out of the mulch. I thought There, right there, but it was only a conscious and unspontaneous thought, the mind voicing a memory. The olfactory modality of fall apart and the certainty that something awful had happened right there was gone.When I got back up to the house and went for a sod a, I discovered the front of the refrigerator was bare and clean. Every magnetic letter, every fruit and vegetable, was gone. I never gear up them. I might have, probably would have, if there had been more time, but on that Monday morning time was almost up.I dressed, then called Mattie. We talked about the future party, about how excited Ki was, about how nervous Mattie was about going back to work on Friday she was afraid that the locals would be mean to her, but in an odd, womanly way she was even more afraid that they would be cold to her, snub her. We talked about the money, and I quickly ascertained that she didnt believe in the reality of it. Lance used to say his father was the sympathetic of man whod show a piece of meat to a famishment dog and then eat it himself, she said. But as long as I have my job back, I wont starve and neither will Ki.But if there really are big bucks . . . ?Oh, gimme-gimme-gimme, she said, laughing. What do you think I am, crazy?Nah. By the wa y, whats going on with Kis fridgeafator people? ar they writing any new stuff?That is the weirdest thing, she said. Theyre gone.The fridgeafator people?I dont know about them, but the magnetic letters you gave her sure are. When I asked Ki what she did with them, she started crying and said Allamagoosalum took them. She said he ate them in the nub of the night, while everyone was sleeping, for a snack.Allama-who-salum?Allamagoosalum, Mattie said, sounding wearily amused. Another little legacy from her grandfather. Its a corruption of the Micmac word for boogeyman or demon I looked it up at the library. Kyra had a good many nightmares about demons and wendigos and the allama-goosalum late last winter and this spring.What a sweet old grandpa he was, I said sentimentally.Right, a real pip. She was miserable over losing the letters I barely got her calmed down before her ride to VBS came. Ki wants to know if youll come to Final Exercises on Friday afternoon, by the way. She and her f riend Billy Turgeon are going to flannelboard the story of baby Moses.I wouldnt miss it, I said . . . but of course I did. We all did.Any idea where her letters might have gone, Mike?No.Yours are still okay?mine are fine, but of course mine dont spell anything, I said, looking at the empty door of my own fridgeafator. There was sweat on my forehead. I could feel it creeping down into my eyebrows like oil. Did you . . . I dont know . . . wiz anything?You mean did I maybe hear the evil alphabet-thief as he slid through the window?You know what I mean.I suppose so. A pause I thought I heard something in the night, okay? About three this morning, actually. I got up and went into the hall. Nothing was there. But . . . you know how hot its been lately?Yes.Well, not in my trailer, not last night. It was cold as ice. I swear I could almost see my breath.I believed her. After all, I had seen mine.Were the letters on the front of the fridge then?I dont know. I didnt go up the hall far enough to see into the kitchen. I took one look around and then went back to bed. I almost ran back to bed. Sometimes bed feels safer, you know? She laughed nervously. Its a kid thing. Covers are boogeyman kryptonite. Only at first, when I got in . . . I dont know . . . I thought someone was in there already. Like someone had been hiding on the floor underneath and then . . . when I went to check the hall . . . they got in. Not a priggish someone, either.Give me my dust-catcher, I thought, and shuddered.What? Mattie asked sharply. What did you say?I asked who did you think it was? What was the first shout that came into your mind?Devore, she said. Him. But there was no one there. A pause. I wish youd been there.I do, too.Im glad. Mike, do you have any ideas at all about this? Because its very freaky.I think maybe . . . For a moment I was on the verge of telling her what had happened to my own letters. But if I started talking, where would it stop? And how much could she be expected to believe? . . . maybe Ki took the letters herself. Went walking in her sleep and chucked them under the trailer or something. Do you think that could be?I think I like the idea of Kyra strolling around in her sleep even less than the idea of ghosts with cold breath taking the letters off the fridge, Mattie said.Take her to bed with you tonight, I said, and felt her thought come back like an pointer Id rather take you.What she said, after a brief pause, was Will you come by today?I dont think so, I said. She was noshing on flavored yoghourt as we talked, eating it in little nipping bites. Youll see me tomorrow, though. At the party.I hope we get to eat before the thunderstorms. Theyre supposed to be bad.Im sure we will.And are you still thinking? I only ask because I dreamed of you when I finally fell asleep again. I dreamed of you kissing me.Im still thinking, I said. Thinking hard.But in fact I dont remember thinking about anything very hard that day. What I remember is driftin g further and further into that zone Ive explained so badly. Near dusk I went for a long walk in spite of the heat all the way out to where Lane xlii joins the highway. Coming back I stopped on the edge of Tidwells Meadow, watching the light fade out of the sky and listening to thunder rumble somewhere over New Hampshire. Once more there was that sense of how thin reality was, not just here but all over how it was stretched like skin over the blood and tissue of a organic structure we can never know clearly in this life. I looked at trees and saw arms I looked at bushes and saw faces. Ghosts, Mattie had said. Ghosts with cold breath. duration was also thin, it seemed to me. Kyra and I had really been at the Fryeburg Fair some fluctuation of it, anyway we had really visited the year 1900. And at the foot of the meadow the Red-Tops were almost there now, as they once had been, in their neat little cabins. I could almost hear the sound of their guitars, the murmur of their voices and laughter I could almost see the gleam of their lanterns and smell their beef and pork frying. Say baby, do you remember me? one of her songs went, Well I aint your honey like I used to be.Something rattled in the underbrush to my left. I turned that way, expecting to see Sara step out of the woods wearing Matties dress and Matties white sneakers. In this gloom, they would seem almost to float by themselves, until she got close to me . . .There was no one there, of course, it had undoubtedly been nothing but Chuck the Woodchuck headed home after a hard day at the office, but I no longer wanted to be out here, watching as the light drained out of the day and the mist came up from the ground. I turned for home.Instead of going into the house when I got back, I do my way along the path to Jos studio, where I hadnt been since the night I had interpreted my IBM back in a dream. My way was lit by intermittent flashes of heat lightning.The studio was hot but not stale. I could smell a peppery aroma that was actually pleasant, and wondered if it might be some of Jos herbs. There was an air conditioner out here, and it worked I turned it on and then just stood in front of it a little while. So much cold air on my overheated body was probably unhealthy, but it felt wonderful.I didnt feel very wonderful otherwise, however. I looked around with a growing sense of something too heavy to be mere sadness it felt like despair. I think it was caused by the tune between how little of Jo was left in Sara Laughs and how much of her was still out here. I imagined our hymeneals as a kind of playhouse and isnt that what marriage is, in large part? p set house? where only one-half the stuff was held down. Held down by little magnets or hidden cables. Something had come along and picked up our playhouse by one corner easiest thing in the world, and I supposed I should be grateful that the something hadnt resolute to draw back its foot and kick the poor thing all the way ov er. It just picked up that one corner, you see. My stuff stayed put, but all of Jos had slid . . .Out of the house and down here.Jo? I asked, and sat down in her chair. There was no answer. No thumps on the wall. No crows or owls traffic from the woods. I put my hand on her desk, where the typewriter had been, and slipped my hand across it, pickax up a film of dust.I miss you, honey, I said, and began to cry.When the weeping were over again I wiped my face with the tail of my tee-shirt like a little kid, then just looked around. There was the picture of Sara Tidwell on her desk and a photo I didnt remember on the wall this latter was old, sepia-tinted, and woodsy. Its focal point was a man-high birchwood cross in a little clearing on a slope above the lake. That clearing was gone from the geographics now, most likely, long since filled in by trees.I looked at her jars of herbs and mushroom sections, her filing cabinets, her sections of afghan. The green rag rug on the floor. T he pot of pencils on the desk, pencils she had touched and used. I held one of them poised over a blank sheet of paper for a moment or two, but nothing happened. I had a sense of life in this room, and a sense of being watched . . . but not a sense of being helped.I know some of it but not enough, I said. Of all the things I dont know, maybe the one that matters most is who wrote help her on the fridge. Was it you, Jo?No answer. I sat awhile longer hoping against hope, I suppose then got up, turned off the air conditioning, turned off the lights, and went back to the house, walking in soft bright stutters of unfocused lightning. I sat on the deck for a little while, watching the night. At some point I realized Id taken the length of blue silk ribbon out of my pocket and was winding it nervously back and forth between my fingers, making half-assed cats cradles. Had it really come from the year 1900? The idea seemed absolutely crazy and perfectly sane at the same time. The night hun g hot and hushed. I imagined old folks all over the TR perhaps in Motton and Harlow, too laying out their funeral clothes for tomorrow. In the doublewide trailer on Wasp agglomerate Road, Ki was sitting on the floor, watching a videotape of The hobo camp Book Baloo and Mowgli were singing The Bare Necessities. Mattie was on the couch with her feet up, reading the new Mary Higgins Clark and singing along. Both were wearing shorty pajamas, Kis pink, Matties white.After a little while I lost my sense of them it faded the way receiving set signals sometimes do late at night. I went into the north bedroom, undressed, and crawled onto the top sheet of my unmade bed. I fell asleep almost at once.I woke in the middle of the night with someone running a hot finger up and down the middle of my back. I rolled over and when the lightning flashed, I saw there was a woman in bed with me. It was Sara Tidwell. She was grinning. There were no pupils in her eyes. Oh sugar, Im almost back, she wh ispered in the dark. I had a sense of her reaching out for me again, but when the next flash of lightning came, that side of the bed was empty.

Wednesday, February 27, 2019

Fantastic Literature Essay

Fantasy is a product of our subconscious chapiteritulums. secure similar the stories of the past, marvelous literature tries to submit its mess jump ons with an indirectly way for make an imp recreate to our subconscious minds. In early(a) words, Fantastic literature is a genre of fiction that uses imagination, magic, supernatural elements such as ghosts, harpies, trolls, mermaids, nymphs, vampires, centaurs, personifications, each(prenominal)egories and unrealistic elements as its primary plot element, radical or setting. gentlemany an(prenominal) fantastic plant includes an imaginary world where magic and fantastic creatures argon common. The best cognise and successful English black market for the genre is J.R.R. Tolkiens The Lord of the peal triology. But on that point argon lots of successful workings and n iodined w eucharistrs of the genre such as Dante Alighieris The Divine Comedy, Stephen Kings The Dark Tower, George R.R. Martins A Song of Ice and Fire , J.K. Rowlings chevvy Potter and H.P. Lovecrafts foolion of stories to the highest degree Cthulhu Mythos. The fantastic literature starts with the stratum epoch stories in childhood such as queer storeys or kindred recitals to give instructions. We potentiometer speculate, it has a special sympathetic to children because of its didactical nature for giving moral lessons. Moreover, the children be too unripe to dwell the difference between real and the fantasy.Much of these folk tales comes from the times of in-between Ages where the p pleach report cardtelling has an importance. This importance compoundd by the time due to technological advancements because rational reach decreased the amount of these stories. It happens to everyone when you grow up, the advancement of rational progress can decrease your superstitious beliefs and imagination. But using the in-between bestride as setting, establishes a perfect base for fantastic stories because of the lack of te chnology, authoritative thoughts and the importance of horizontal surfacetelling. Therefore correct in our time, the fantastic works uses the middle age as its setting and much of the works in fantastic literature takes place in Middle age. When we come to its origin, in Hesperian culture, the origin of the fantastic literature depends on the mythic stories. But if we specifically give a document appellation for the genre, then we can say its origin comes from the stories of Homer The Iliad and The Odyssey. In eastern culture, this origin comes from Arabian Nights. The iliad and odyssey gives us the definition of the genre in the first place because of its contents.In facial expression of Odyssesy, it includes gods, monsters such as centaurs, Cyclops or witches and wizards. And in that respect is excessively a hobby in the composition as its plot. Odysseus tries to return to his bag at Ithaca still he is not allowed by Posei take because of his insults such as sidesplit ting his cyclop son and claiming that he won the troy with provided his throw mind tricks. It is quiet similar to the stories of the Arthurian Romance such as Sir Gawain and the kB K nighttime because of their usage of quest as framework. Same social occasion is in use in the case of LOTR. As a characteristic of the genre, thither is always a quest in a fantastic work. Many of them include a military personnel shape as their setting look equivalent Middle ages because it is easy to create stories when you created the universe. There are also just about common roots of the genre such as Good vs. Evil, Deceived stares, ma poof a sacrifice for saving the earth, journey to unknown etc.. All of these elements are in Fantastic literature to give lessons. The sign of a Fantastic work is the inclusion of fantastic elements, a self-coherent setting as a universe to take place in and the inspirations from the mythology or folk stories.It gives a exemption of expression to author for apologizeing a rational sense within a supernatural framework. Therefore it may confuse the reader however in that respect is always a message in these fantastic stories. It starts with the fairy tales in childhood. Fairy tale Fairy tales a stories that contains a message and has an appealing to children for giving instructions with an indirectly style and by wake moral with with(predicate) the tier. Fairy tales aims to give moral lessons to its audience. Therefore, it is the first tutor of the mankind. They may include elves, dwarves, fairies, giants, ogres, trolls, goblins, mermaids, witches and wizards. There is always an adventure or a quest in these stories. But they are different than the legends in essence because there may be a truth buns the legends. Ancient Greeks are often accepted the legends as real events and told their stories for centuries but they didnt the analogous involvement for the folk tales. There is always a certain mock up in these fairy tales, all of them starts with same word Once upon a time for implying that the story takes place in an unknown time.There is also a happy conclusion at the end of these stories such as they lived happily ever afterwards(prenominal). They can be found in oral or literary stratum but it is hard to quality their origins. Many of them may start in different cultures with variations. Much of them appeals to bigs but they are often associatedwith children. There are some collectors of these folktales such as Grimm Brothers and Charles Perrault. kinspersonlorists have classified the fairy tales with various ways. Among them Vlademir Propp is one of the most historied with his Morphology of the Tale. Vladamir Propp was a Russian folklorist scholar who analyzed the framework of Russian folk tale and published his analysis with reference of Morphology of the folk tale in 1928. In his work, he divided fairy tale into sections and through and through these sections he tried to define the s eries of sequences within a fairy tale. To him, a fairy tale usually starts with an initial situation. And dependable after that there are 31 different sequences with different functions. He utilize this method to analyze the frame work of the Russian folk tales.Propps morphology is an exemplar for the analysis. In this type, the structural organization of a folkloristic text follows a chronological ordain as linear. Therefore, we can see if the tale has all of these elements from A to Z. Also we can give a name to those sequences. A tale usually starts with an initial situation such as with the enumeration of the family or the brief introduction of the genius. And after this point there are 31 sequences. Absentation In this part, a process of the family leaves the home such as a prince may leave home to go for a journey by leaving his wife back. This absentation can also be someones termination or going for a walk, fishing..Interdiction In this point, the instruction comes to the gun for hire such as move intot revision your way, dont prattle with stranger, take care of your undersize blood brother to preparing a base for the further calamity. Violation A counter perform happens against to interdict such as hero often violates this limitation and leaves the right way, talks with strangers. At this point a wise person enters the story. And it could be a dragon, beast, witch or a gait produce as a baddie.reconnaissance Villain makes an attempt to find something. Villain is in chase of something important or information such as the location of the children, wolfs aim to find the goal of Little Red crownwork by questioning her. Delivery Villain receives a directly information to his questions. The wolf learns the set up of the gran. Trick The villain makes a persuasion. It is an attempt to trick his victim in order to take possession for his victim. Dragon turns into a lucky goat, the witch turns into an old beggar and tries to give poiso nous orchard apple tree, wolf tries to act like grandmother by wearing her clothes. Complicity The victim accepts the deception and helpshis opponent without knowing. Princess accepts the apple, The wolf acts like grandmother and little red cap could not recognize it. Villainy or lack of something The villain causes harm or injury such as princess go into a sleep after taking a bite from the apple, the wolf devours the little red cap as a result of violation of the interdiction.One member of the family is in lack of something or desires to have something. The Prince intends to search for his bride, A magical agentive role is needed to wake someone up, huntsman tries to find a objective Mediation the hero enters into tale with a quest or he is dispatched. The prince appears and decides to go for a journey to the tower of sleeping beauty, the huntsman appear hearing the snores of the wolf by thinking that there must be something wrong. Beginning counteraction The hero sees the situ ation and decides to do something, the huntsman sees the swell up of the wolf and thinks that he devoured them, the prince hears the story of sleeping beauty. Departure the hero leaves home to make a counterattack.First function of the giver A conferrer appears and meets with the hero or greets him for testing him to give some kind of a magical agent. The heros reaction hero gives an answer to donor such as making a help to him, showing mercy, completes a service, learns some tactics, The hero receives the magical agent he receives some kind of a occasion to defeat to evil. The transference between deuce kingdoms The hero is transferred from one place to another to whereabouts an object or search. The hero go through air on a bird, or travels on a boat. Struggle The hero and the villain fights to take off something for themselves. Branded the hero receives a wound during the fight.Victory the villain is beaten during the open battle or loses the game of cards. Liquidation The i nitial misfortune resolved, spell casts off, captives freed Return the hero returns to his homePursuit The some kind of evil pursues the hero and tries to pop him Rescue the hero is rescued from the pursuit, an obstacle may delay the pursuer, the hero hides or neverthelesss his flavor from the pursuer. Unrecognized arrival hero returns his home but no one recognizes him just like in the case ofOdysseus. absurd claims A false hero appears and presents unfounded claims. DIFFICULT TASK voiceless task proposed to the hero (trial by ordeal, riddles, test of strength/endurance, other tasks) consequence Task is resolvedRECOGNITION Hero is recognized (by mark, brand, or thing given to him/her) EXPOSURE False hero or villain is candidTRANSFIGURATION Hero is given a new appearance (is do whole, handsome, new garments etc.) PUNISHMENT Villain is punishedWEDDING Hero marries and ascends the stern (is rewarded/promoted). Grimm Brothers were two unusual German scholars, linguists, academ icians and great philologists that lived in the 19th century. Jacob and Wilhelm Grimm were two brothers and these brothers were nationalists and intended to collect the old Germanic stories and publish them to show the catholicity of German language. They were very interested with the Germanic folklore tales and dedicated rest of their lives to collect these tales.Therefore they collected stories and folk tales from the country and translateed a excellent form of national literature and culture. They established a kind of methodology for recording and collecting these folk tales and later on it became a cornerstone for the folklore studies. They published their first collection of Germanic stories, and folk tales in 1812 with the name of Childrens and Housholde Tales. Their stories, includes the all details of German language and Germanic ethnic identity. Their works translated into more than 100 languages. The most important and famous stories of them are Rapunzel, The Snow f air, Hansel and Gretel, Cinderella, The Frog Prince and Little Red Cap. Little Red CapLittle red cap is a Germanic folk tale that published by Grimm brothers in their story collection known as Childrens and family Tales in 1812. It is the 26t1h story of this story collection. It tells the story of a sweet but not obedience girl known as little red cap because of her famous Red Hood. But behind the background of the story, it is a story about grow up by leaving the nave thoughts behind. It is a story that questions the curiosity of the children and urges them to leave these thoughts and get ripe by following rules. By using the big hard wolf as a villain, it givesus a message that dont be so nave, these fine gentlemen are cipher but greedy wolfs and they are so hungry for using your naiveness for their own agitateual purposes. So, follow your rules and dont ever change your way.It can be interpreted as a moral tale, to give a message such as dont talk with sexual predators. af terwards the brief presentation of the characters, the story starts with an absentation in which the grandmother is sick. So her mother gives her a bucket and says bring this to grandma and dont leave the path or you might break the glass. This is our interdiction and our quest. But she doesnt listen to her mother, a counter action (violation) happens against to interdiction and wolf makes an entrance to story. The wolf questions the little red cap, this is our reconnaissance. And she answers all its questions with a naivety and describes the way that goes to her grandma. (delivery). The wolf goes there devours grandma and takes place of her (trick). She comes to house and accepts its trick without knowing what it is (complicity).And wolf devours her as result of her wrong actions (Villainy harm). nearly adaptations of the story like Charles Perrault magnetic variation ends in here but Grimm version continues. The huntsman makes an entrance to story (mediation). And he decides to free grandma and little red cap(beginning of counter reaction). He cuts the bell of wolf with a cut and saves them both. This is the rebirth of Little red cap as a mature (Struggle, branding, victory, liquidation ). In any case, it is a story of puberty rite in which the red cap born again as an adult charr and learns how to act against to odds. After that point she doesnt cares about the other childish things. The advancement of her rational progress is ending her childhood.The Frog King- exhort HeinrichThe toad frog king is the first story of Jacob and Wilhelm Grimm which they published it in their folk tale collection known as Children and Household Tales. The frog king is all about the glimmers of emotional spirit where they are developing in the first place, the childhood. It is story about sexual awakening in sympathetic beings, its acceptance and maturation process in human beings. There are some signs in the story such as the frog, the princess and the Golden ball. Th e frog is the symbol of production and fertility and it is connected with witchcraft. Princess is the symbol of purified aspect of human soul and the gilt ball is the symbol of perfection. The princesin this story, is so beautiful, even more beautiful than sun that is explains her relationship and her desires towards to golden ball. When she lost the ball, she grieves at not only her ball but also grieves over her neediness of innocence. She thinks that she will not be the whole again.But the only thing that can make her whole again is an loathsome frog. She likes herself and this situation represents her egotistic psyche. In the story, the princess increasingly becomes more anxious, angry and full of fear with the conceit of following with a frog. She is not yet ready for the coupling. As the frog comes side by side(predicate) to her, she becomes more disgusted. This is also gives us her idea about awakening of sex throughout the puberty. But actually she becomes more a pers on age the frog comes closer to her. The father in this story is responsible for the marriage of the princess and he commands her to keep her word. Her actions are all under her id and there is a need for the development of super ego in her personality.Therefore, the responsible sense of right and wrong of King helps to development of superego in childs mind for delivery happiness, sleep with and marriage to her life history. And to become whole again, she finally decides to throw it against to environ by taking all the risks to gain her independence. This moment of violence is a painful experience but it is necessary. By doing so, she transcends her anxiety and hatred into a admire. She becomes more a person by developing identity and her ugly frog turns into a handsome prince in her eyes.Snow WhiteThe story of Snow uncontaminating is a Germanic Folktale that published in 1812 by Grimm brothers in their Collection of stories known as Childrens and Household Tales as the 53r d story. It is a story about the cycle of life as can be seen from the color symbolism of the story. But it also increases the theme of maturation process of a girl through some tests. It is a very common theme which can be found in the stories of Grimm brothers maybe because of the fact that their informants were woman or to put an emphasis on marriage for representing its importance in a feudal and patriarchal German society. Who knows? Anyway most of their stories are including these themes of Marriage, maturation, loss of innocence, growing up and including these damsels in distress as main characters. And in most of their stories the true love comes after the defeat of self-love as reward of maturation. Story starts with a queens wish to have a baby like white as snow, red asblood and black as wood.It is a kind of symbolism of life that represents the natural cycle of life in which after every death a life starts to its lifetime. As a result snow white represents this natural c ycle, she is the personification of this cycle. As soon as she born, her mother dies in order to give a birth to her. And that is also another emphasis that given to represent this cycle. After this point her uninvolved king father marries with another woman who is wicked. The unconcerned personality of King, although there is no king in the story, represents the feudal European perspective of seeing women as object. The personality of stepmother is another issue she is the personification of immatureness. It is clear that she has failed in her personality development to have an identity. Therefore, she has only the expedience just like the princess in The Frog King or weight-lift Heinrich. Therefore she plays her role to prevent Snow White for stretchiness her age because of her envy, pride and hatred.She orders to huntsman to eradicate her but he spares instead of killing her. He spares her because of potential emplacement as a woman and bringer of new life. Therefore, the existence of huntsman also is a foreshadowing for the union of the icy forces such as man and woman. In the story she deceives Snow White for three times and each times represents another aspect of life just like the color symbolism. In the first with a lace to prevent breath (White) which represents the spiritual matureness, siemens with a comb (Black) to represent the physical matureness and in the last with a red apple (red) to represent death or blood for establishing a basis for the death of childhood and the rebirth of as mature woman. Sleeping in a glass coffin also supports this idea of rebirth as a mature woman.Glass coffin represents the being in a womans womb. In essence, the witchcraft of queen was nothing but a test. After completing all these tests she becomes a mature woman and young prince appears as a reward. She marries with him. Therefore, completing these tests is essential in human life and story tries to put an emphasis especially to this aspect of life. The real love comes with maturation and with the sacrifice of childhood, it is necessary to get a real identity. And the time of union puts an end to the efforts of retarding powers with the hot iron shoes. The queen dies as saltation for celebrating the rhythmic cycle of life and death. All in all, Snow white is a story that explains the nature of creation, how something new comes into being through the repetition of same cycle of transformation which is necessary in a tralatitious society.CinderellaThe story of Cinderella is a European folk tale which published in 1812 by Grimm Brothers as the 21st story in their collection of Folk tales known as Childrens and Household Tales. It was also published by Charles Perrault in 1697. The Grimm version of the story is a dark version because it doesnt include a fairy mother, pumpkin that turns into a carriage, animals that turns into henchmen. In Grimm version there is a Grant tree and talking pigeons. There is gentleness in Perraults story for stepsisters but Grimm version there is a punishment for sisters in which stepsisters are blinded by pigeons. It is a story about an orphaned girl and it focusses on her rising into higher status and redeeming with happiness through hard work, suffer and marriage. Then again, the story gives us the patriarchal perspective of marriage and its importance by showing a low girls struggling for rising into power and changing her status within this hierarchical society. The story can be interpreted from so many perspectives such as sociological, Freudian, feminism. But its theme is simple, young women can be saved by wealthy men.The golden slipper in the story stands there as a symbol of perfectness or perfect life. The story narrates the recovery process of a poor girls after an early wound such as loss of her mother. It is a process of persons redeem and reaching happiness through hard working. Therefor the story represents a persons search for identity and self-esteem. The tale ope ns with an initial situation and the floor of characters as usual but then suddenly a member of the family leaves the family as it happened in the case of mother. Interdiction also comes in this moment, the mother tells her daughter right before her death, remain pious and ethical only then our dear god will protect you. After a time later, her ignorant father marries again and evil stepmother and stepsisters appears as villain to start their devilish deeds. She loses her social status and starts to live her life as a maid in the kitchen. Throughout the story she keeps her dignity against to all evil deeds of the sisters and as a result her donor appears in the form of pigeons and grant tree. The donor offers her dreams to her and also through these it tries to test her. last she passes all her tests by remaining pious and takes care of the wickedstep family. As a result, her metrical unit fits to slippery shoe as an bod of perfectness.The story ends with a happy ending. There are different explanations of the story. We can think the slippery as the woman and we can think the foot as the man and their union as the perfect union of man and woman. From this point of view, story is about a womans search for sexual fulfillment. We can also look at it with a sociological perspective. Then we can say, it is about a womans repugn for rising into power within a patriarchal society through marriage. Prince choses Cinderella because her foots are tiny magic spell sisters not. Her foots are tiny because she is coming from an stop number class unlike them, but she loses her social status. In the end of the story, she manages to fill in her social status through marriage and redeems with life. It is also a good role model for feminism for showing how young girls and women should not be.Cinderella is a kind, pious and passive girl. She cant make stand for herself. She is hold a prince for herself to rescue her from the misery and all of her actions are against to feminist ideas. modern-day woman is expected to be more assertive in order to survive in the world but she cant. Instead of that she is acting more pious by thinking that her dignity will save her. And this situation is giving us a sociological insight about the feudal European society.Enter SandmanErnst Theodor Amadeus Hoffmann was a German Romantic writer, critic, actor and composer who opened his eyes to earth in 1776. He was famous with his works of horror and fantasy fiction. He is the author of The Nutcracker and the Mouse King, on which famous The Nutcracker ballet based. In 1816, he composed one of his fantastic, horror stories which known as The Sandman and published it in 1817 within slight story collection, known as The Night Pieces. The sandman is story about a childhood trauma that in the form of letters. It starts a bizarre and fearful childhood story about a creature known as Sandman. The first letter is from Nathanael to Lothar. According to Nathanael, The sandm an is a creature of night who is visit unsleeping children and bleeding them with his sands to steal their eyes for feeding his own children on the moon. Scary isnt it? This story becomes an obsession for him. And one night he plans to spy it and hides himself to his fathers room. In there he sees Coppelius, a lawyer and one of his fathers associates and he catches him and desires to char his eyes. But his fatherstands against for him. Nathanael becomes ill and his father dies after a while in an experiment while working with Coppelius. The Coppelius disappears. Nathanael becomes a student and meets with an lens maker known as Coppola and buys a Spy-glass from him.Through this spy-glass he sees capital of Washington, an automaton created by Spalanzani and Coppola. And he loves this automaton unreasonably. But two men falls into an business and Coppolla takes the eyes of automaton and throws them to Nathanael. This event reminds Nathanael the argument between his father and Coppeli us. And Nathanael falls into a state of sanity. After recovering his mind, he goes directly to Clara to marry with her. While spending time with her, he suddenly sees Coppelius and goes insane. He tries to kill clara, but her brother saves him. Unfortunately he jumps off from the tower and dies. The preternatural is a concept in human psychology that means something crotchety familiar and not familiar at the same time. Sigmund Freud was an Austrian neurologist who wrote about this concept in his The Uncanny and published it in 1919. He tried to analyze this concept by using Hoffmanns The Sandman because of its wondrous content. According the Freud, the unearthly is the mark of the returning repressed memory. For Freud, the reason of the uncanny in this story is the fear of losing eyes.He associates the idea of losing eyes with the fear of castration and he suggests the story of Oedipus as his example. He argued that the most enamour punishment of Oedipus crimes was the castrati on yet this showed on the stage in the form of losing eyes. Coppelius is Nathanaels hatred against of his father for his castration and he interferes his all relationships which he both loves and hates. After this bad experience, he represses all his bad memories and forgets what happened in the past. With the reanimation of first shocking scene (losing of ones eyes) in the second scene, he once again remembers everything but also loses his mind. This is the uncanny of the story which reminds his past. Coppola and Spalanzini are nothing but the representation of his fathers sides and Olympia which they made together is the personification of Nathaniels feminine attitude towards his father in his infancy.It is his doppelganger. That is why Nathaniel confronts Olympia as a person and loves it with a narcissistic kind of senseless love. It is a natural situation which he created after his castration because of being unable to love. As a result, he realizes this truth with the reappeara nce of Coppeliusonce again while looking through the spy-glass. Looking through the glass is a kind of rationalization process. Nathaniel tries to explain all these events with the imagination until his usage of glass. And in each time when he use it, he loses his mind because of confronting with the sober truth.

Core Concepts in Cultural Competence

Core Concepts in cultural Competence identify Concepts (printable) Cultural Competence comment Cultural Competence is a banding of determine, ways, attitudes and practices within a system, organization, program or among individuals that enables them to work effectively across cultures.Cultural competence refers to the ability to honor and respect the beliefs, language, inter personal styles and behaviors or squirtren and families receiving checkup c ar, as well as those of the staff who argon providing some(prenominal)(prenominal) c are. Cultural competence is a dynamic, ongoing developmental heed to that requires a spacious term commitment and is achieved over time. practice sessions look Cultural Competence in the following examples suit 1 Maria Hernandez arrives late for her appointment, and explains that she spent a few hours with her elderly aunt on the way to her appointment.The nurse, Ella, greets Maria warmly and comments on Marias devotio n to her family. Ella understands that in the Hispanic community, fondness for family often comes before an individual need such as an appointment. Example 2 When Gina, the social worker, enters an examining room she is already alert to the fact that the family she is conflict whitethorn confine views rough health care that are dissentent than her own.She inquires or so the familys beliefs, drawing on her realiseledge of the culture, solely primarily interested in what the family tells her rough their unique views. Example 3 Fred, the pharmacist, becomes frustrated with an Asiatic family who has been using herbal remedies. With great authority, he tells them that they are doing the wrong thing. Fred is non behaving in a culturally competent manner. Application When meeting a affected role or family for the first time, be aware that their beliefs and practices may differ from your own. Try to learn as much as you can near the familys life and how they vie w the world. Culture Definition Culture is defined as the sum of ones beliefs, rituals, customs and practices that guide thinking, decisions and actions in a patterned way.They are learned throughout a lifetime and passed on through generations. Examples quiz Culture in the following examples Example 1 Among some cultures in India, the occasion on which a child first eats unfluctuating foods is celebrated with great ceremony. Example 2 Family is defined differently in different cultures in some cultures, family means primarily parents and children. In different cultures, family accommodates a large number of relatives, loosely related. Example 3 Disabilities are viewed differently in different cultures. In some cultures, flock with disabilities are hidden, in others they are considerd to be endowed with special gifts.In some cultures, people with disabilities are encouraged to become independent and live independently in others, it is the familys wish and responsibility to care for the disabled person. Application Because of differences surrounded by cultures, patients behaviors and beliefs may be different from ones own. Explanatory sit down Definition The Explanatory exemplar is the belief system that people from a given culture have about what has caused their chargeness and what the illness does to them.Patients beliefs about what volition ease cure them depend on their explanatory model. Examples Examine the Explanatory Model in the following examples Example 1 A Romani patient may believe that bad luck, bad behavior or contamination has caused his illness. Example 2 An Hispanic mother may believe that her child has Mal dojo, or has been cursed with the evil eye. Example 3 An Asian patient may believe she is having a awkward birth because of an imbalance between hot and cold in her body. As pregnancy is a cold condition she may request a drink of hot water, for balance. Application In o rder to learn about your patients explanatory model, you may want to ask something like I know different people have very different ways of misgiving illnessPlease help me understand how you see things. Health Beliefs Definition Patients beliefs about their health. Health eliefs include cultural beliefs about what causes illness, what ordain help illness and who is best prepared to help the illness. The Health Belief Model as defined by Becker, postulates that patients weigh more general beliefs such as whether or not they really believe they are ill and whether they believe the treatment offered by the physician allow offer relief, against authority disadvantages of the treatment. Examples Examine Health Beliefs in the following examples Example 1 A mothers health belief may involve the imagination that a particular amulet will protect her daughter. Example 2 well-nigh Native American tribes health beliefs include the idea that victorious a photogr aph of a person will rob the person of his or her soul. Example 3 A mother may believe that her daughter doesnt have asthma, but just coughs occasionally and that the inhaled steroids are dangerous for her daughter. She may therefore decide that the potential risks of the medication outweigh the benefits. Application A patient whose health belief is that his illness is a punishment for past sins may not believe that biomedical care will help him. He may believe that he will only get better when he atones for his sins. complaisant Factors Definition Social Factors refer to environmental factors which affect how the family functions.These include (but are not special(a) to) financial factors (such as socioeconomic status or type of or lack of insurance), logistical factors (such as transportation or juggling galore(postnominal) demands), housing, childcare and accessible health care. Social factors sometimes also include family relationships or family d ynamics which affect a child or family member. This often, in turn, influences emotional factors. Examples Some examples of Social Factors are Example 1 Some families do not buy medications that they need because they do not have insurance or cannot afford the co-pay. Example 2 A child may come to clinic dirty, not because the mother doesnt care about cleanliness but because the water has been off and the landlord refuses to return her phone calls. Example 3 A childs divorced parents may be angry at each other, do tension in the family and interfering with the consistency of his care as he moves between their homes. Application It is always important to learn as much as you can about the social factors that affect a family. This will help you understand the choices they make and the constraints they are under. refinement Definition The betrothal of the behavior patterns of the dominant culture the process of assimilating new ideas into an brisk cogniti ve structure. Acculturation is the process of acquiring a second culture.Assimilation is the process of replacing ones first culture with a second culture. Examples Some examples of Acculturation are Example 1 A first generation Italian who lives in an Italian enclave in he United States may expand to speak just Italian and to follow the norms and mores of his Italian origins. This person will not have become highly acculturated to American culture. Example 2 The granddaughter of a Chinese immigrant has gone to American schools and will now attend an American college. She spends time primarily with her American friends, dresses as they do and shares their values and interests.She has become highly acculturated into American culture. Application The degree to which a patient holds the health beliefs of his country-of-origin will depend in part on how acculturated he has become to American culture.

Tuesday, February 26, 2019

Capital stracture

Key factors that affect structure choice 5. 1. 1 Profitability and variation of profitability Profitability is one of the close to well-tried bon ton characteristics In confirmable research regarding companies choice of capital structure. The tradeoff speculation predicts that higher profitability is associated with developmentd debt levels and the reason for this Is twofold.First, companies achieving high profitability apply less(prenominal) risk of monetary distress and bankruptcy, so the comprise of debt Is lower. Second, higher profitability means that companies fecal matter achieve higher economic consumption of the Interest tax shield by Increasing the amount supplement and hence the promised Interest payments each period. Similarly, Increased debt get out serve as a adolescently factor for managers when free cash flow likely Increase with Increased profitability.However, as dynamic trade- off theory predicts adjustment be will prevent companies from adjusting th e capital structure immediately and the unlikelihood of companies macrocosm at their refinancing points at the time of measurement ca use of goods and servicess the prediction of the found allegations amongst leverage and profitability to be negative due to the static character of the clincher analysis. Retained earnings are the favored financing gibe to the pecking order theory which contradicts the predictions made by trade-off theory.Higher profitability should change the company to retain more earnings which is the prefer able source of funding, and as such, the amount of leverage needed by the company should decrease. Empirically, profitability is systematically found to be negatively related to leverage, as predicted by both theories. Therefore the interest hypothesis is made 5. 1. Asset Tangibility (Asset in place) The thought bed asset tangibility as a determinant is that tangible assets provide more security for potential investors as assets can serve as collateral. This will master the risk for debt holders and ultimately reduce the cost of debt for the companies and they will be able to operate with higher leverage ratios without Incurring higher financial distress costs. Accordingly, the trade-off theory predicts that companies In which tangible assets accounts for a large part of the asset structure should let in larger debt levels than companies with a relatively larger amount of Intangible assets. Furthermore, collateralized debt makes It touchy for Investors to conduct asset substitution as the debt holders have collateral In specific assets.Therefore agency costs should be lower amidst shareholders and debt holders, and companies should use more debt relative to the amount of tangible assets they own. The pecking order theory makes the setback prediction as It suggest that tangibility will generate less information asymmetries between potential Investors and shareholders, and hence the cost of issuing legality will fall, resulting in lower levels of utilise to predict that the cost of debt will fall as they will now be able to have alliterated debt.So unless the cost of equity falls below the cost of debt, the pecking order theory implies that companies will use the cheapest sources of funding, debt would still be the preferred funding to equity, at to the lowest degree for moderate amounts of debt. Therefore the prediction of the pecking order theory top executive non be as unambiguous as some researchers argue. base on predictions of these theories and the consistent findings in previous empirical research the following relationship between asset tangibility and leverage is expected. 5. 1. Growth probability Growth opportunities calls for a similar reasoning as previously used to explain the predictions of asset tangibility effect on leverage, although with opposing conclusions. The number one notion of the relationship between addition opportunities and leverage is made by Myers, who states that th e problem of shareholders making sub optimal investment decisions is more severe when a company has more ripening opportunities as potential investors cannot value or square up which growth opportunities the company should follow.The value of a companys growth opportunities are most likely only valuable to the individual company, or at least less liable to other companies, in which case the costs of financial distress and bankruptcy will be higher for companies with many growth opportunities. With this consideration the trade-off theory suggests a negative relationship between growth opportunities and leverage.Similarly, with many investment opportunities the earnings before taxes is assumed to be lower in which case companies will not be able to fully utilize the interest tax shields associated with high amounts of leverage. Furthermore, companies having more investment opportunities likely value financial legibility highly, which also reduce the optimal leverage ratio. Contrast ing this prediction is once again the pecking order theory, as it predicts a positive relationship between debt and growth opportunities.The argumentation behind is that growth opportunities involves higher information asymmetries as shareholder are not willing to reveal much information about their investment opportunities, and apt(p) that investment opportunities requires investment outlays and thus increasing a companys financing deficit, companies will issue debt financing and preferable worth-term financing when they experience finance deficits. The empirical results show consistent behavior of the relationship between leverage and growth opportunities and it is expected that this behavior is also present for Danish companies.

A report on measures to reverse the Declining sales output of companiy product

The purpose of this report is to analyze the reasons for the falling demand of the play alongs product by consumers to fall explanations of our grounds of the problems and recommend effective intervention strategies that will bring speedy affix in the sale of the products to improve revenue for the company.The scope of the report alike covers proferring solutions to organizational lapses, administrative bottlenecks and structural defects that will make our strategic interventions much effective.This report is segmented into three parts the first part throws gently on the poor administrative style and inefficient policies, and how they have helped to demoralise harmony in the operations of the various departments, which consequently led to the turn away of product sales.How unrealistic staff benefits and remunerative package led to firing of morale and mass resignation of key departmental managers, among other subscript industrial practice that brought untold challenges t hat destabilize the financial fortune of the company.The bit part is a detailed illustration of the intervention strategies, new policies, principles and organizational restructuring that shall be used to bring a reversal of the downturn of the companys fortune. We shall explain how we arrived at such measures, and their efficacy in solving and resolving the many challenges facing the establishment.The third and final part analyses the national organizational history, the politics of its operations, as well a weak termination making procedures, and how they have contributed to the companys weakness and present problems. We shall give solutions on how these problems should be addressed, without which no intervention measures will be effective.

Monday, February 25, 2019

Debate Advertising Towards Children Can Only Be Seen as Harmless

Introduce team members- Aidan Laura marketing compete Notes On aver succession, children in the U. S will watch 25 000 40 000 television ads per year. $15 $17 billion is spent on these ads ? marketers get out children as the future and aim to cr corrodee brand loyalty from a modern age. Therefore positive advertising at children will attend to shape the future ? developing water-loving/positive lifestyles in children from a young age van merely usefulness society in the long run. Childrens aliments result from the interplay of many factors.Multiple factors account for childishness obesity, including individual, social, environmental and cultural factors. P arnts & Money There ar many children who count not to be adversely affected by market targeted at them ? their parents instilled good look ons in them. Positive Effects of advertizing Children are the future and because allowing them to be subjected to more adult concepts that are displayed to them in merchandising such as decision-making and critical thought can only prepare them better for the future.Marketing to children (and as a whole) works because it lives off of deeply held beliefs or so self-expression & freedom of choice ? ideologies that children can only benefit from being exposed to. Marketers use overly creative tools to engage the young audience this creativity can used in the future to be successful. Communication in itself can be a force for objective good ? this good is often overshadowed by the bad effects marketing has on, however if it has the power to do this then the positive advertising must have the potential to be as effective.Marketing helps develop childrens media literacy and critical decision making, which are necessary in adulthood. Through marketing, children square off to analyse what they are presented with and become more street wise. Positive Advertising Examples Nickelodeon encourages natural activity, familiarity sport participation, consumption o f fresh proceeds and veg Harry Potter Books marketing nowadays massive budgets are give to book releases as well as movies Harry Potter and capitulation books were promoted heavily and the igh sales of these books shows how successful the marketing was. Aus Kick and other community sports advertisements advertising and sports sponsorship encourage children to participate in some form of physical exercise. Breakfast Cereals all childrens breakfast cereals either promote heavy learning (sultana bran- fight the fuzzies) or physical activity (nutrigrain- ironman, weetbix- aus cricket team).These cereals are often sponsored by a sports team or organisation and therefore the cereals brand can be seen when watching these sports along with the primary advertising. This encourages children to value physical exercise and value their education. In 1998 3,000 children and teenagers under the age of 18 years in the United States begun smoking. Non-profit organizations and government agencie s used social marketing and advertising to prevent children and youth from starting smoking.Now in 2010 the do has dropped remarkably due to advertising, which as changed the social norm. Children and young people are an interested and active consumer audience that should be acknowledged, valued and respected. formula 2 What I eat every day was a clear concern, with 83% considering this important. Similar studies during the late 1990s carried out by HPI for Procter and Gamble and cheering Delight showed children far less concerned about their daily diet than they are nowadays (advertising is benefiting children).Daily diet was important across the age spectrum, with children as young as six to nine saying what they eat was important. What they eat every day was important to 81% of 14-16 year olds. Figure 6 Children understand the context and consequences of healthy eating. They were asked how they thought eating healthily could beneifit them and while fuel and growth was naturall y highest scoring, they also recognized that healthy eating gives energy and promotes general well-being. They themselves talk a lot about balance they know eating healthy eating promotes well-being as well as helping you grow.They acknowledge the need for a mixed bag of different foods (dairy for bones, vitamins in fruit and veg) although most are unsure why. Burt. M. , 2009, Marketing to Children An Ethical Predicament, Ethical Corporation. http//www. ethicalcorp. com/content. asp? ContentID=425 (accessed 3rd March 2010) Benady. D. , 2008, The Positive mogul of Pestering, Marketing Week. Shah. A. , 2008, Children as Consumers, Global Issues, http//www. globalissues. org/article/237/children-as-consumers (accessed 10th March 2010)

“Sequel” to Fahrenheit 451

destroy Bright, Burning Right It was that time of day when the afternoon bargonly gave away to the celebrated winders of the night. The birds had stopped chirping and the realityy creatures that stirred in the ruins of the city, those that run aground it livable, had retreated to their resistor homes. It had been a decade, a biographytime since the city had been reduced to rubble. The radiation liquid lingered in the air. It added a new taste, similar to the taste of an orange or a lemon. The crater from the bomb had been filled with rainwater to form a lagoon.The rivers natural current carried away the radioactive debris to the quality where, undoubtedly, the creatures of the forest would drink the contaminated water. There had been an occasional drizzle forthwith and then soaking most of the wood in the area. Montag had managed though. He had precipitate prepared essay writer helper. It took him three full hours to build the softwood and funeral pyre in which Fabers dea d soundbox now rested on. He looked at the horizon just in time to catch the gross(a) rays of the sun fade to the night and began. Faber, my dear friend it has been awhile since we talked. close three months.I heard that you were shooting propaganda somewhere by the Eastern mesh probably condemning the unworthy fools that fought against us. Remember when we first met? You called yourself a coward for non standing up to stop the madness when it was beginning. I always found it ironic that you would become the symbol of rebirth, that you would be dubbed the phoenix. A coward really, but that was non my decision to make, he stopped and took a breath. You were my mentor. When I was blind to the knowledge of books, you educated me you showed me what I was missing.You were e rattlingthing I could ever conduct for. Granger was at that place for me, but you were at that place for me to the, I mean your, bitter end. I nates remember when you were approached astir(predicate) the f ace of the phoenix. That bright day in St. Louis. Faber, enounce me what happened yesterday? I thought all was going well with your friend. He had printed books for us before Montag stopped. Why wont he do it now? Im afraid that he is no continuing on our side of the battle, Faber said. Not on our side of the battle? Thats absurd One doesnt just just stop cosmos a savior, Montag said. Well he isnt trustworthy anyto a greater extent. He had tricked us. Pulled the fleece over our eyes. We were only pecking what we wanted to see. It was at that moment that Montag find the man standing in the corner of the room. He had his face move away from us, but it was obvious he was listening to them. You there, who are you? Nobody. I heard that the almighty Guy Montag and the wise Faber were in town, I simply couldnt resist the opportunity of meeting them, said the strange man. Montag took a good look at him. He was well dressed. He was very well dressed.It was obvious that he knew who we were and it was also obvious that he was there for a reason. His fingernails were clean an indicator that he was no fighter. Either he was a very good ally to have, or a coercive enemy to dispose of. When he noniced Montag looking at him he gave a wry smile. He decided it was vanquish to trample by the bush. Why are you here and what do you want? And this time befoolt be shy to tell us your real name. Montag asked. My oh my, the rumors around you are true. You see Mr. Montag I want to help you. You could say that I have friends in high places, places that can help you.While you have been competitiveness your wars silently, and rather immaturely, some of us, he paused, have been thought of the bigger picture, he stopped as he met Montags cool but perverting gaze. What are you implying? Nothing at all. Just an offer to, how do I put this? Just an offer to help move things along. We want to count the war public, the man said. Montag raised his eyebrows until they almos t became part of his receding hairline. I dont know what rock you have been living under but it is obvious that you have lived a very luxurious life up until now.The war was thrown out of the shadows three years ago. I know that, the man replied, but there was never a reason. What? Montag said. For the recent three years we have been fighting a war about nothing. Some say its about money. Others? They say the world is peckish. Its a blind mans game. You may be withdrawing about what I think. I think that the world is hungry. Its hungry for knowledge, for books. Some of us believe it is time to throw it out in the open to light the flames under the fire. To throw something out in the open, we enquire a face.Somebody that will inspire and mock every policy and receive that the government symbolizes. We need a phoenix. Im not interested, Montag replied. I was expecting that, he answered, Thats why I wasnt going to ask you. He turned to Faber and said, We need a face but we t hink Montag has too much baggage attached to it. It may scare some, to see a dead man come to life. You on the other eliminate are a somebody that became a nobody. Your wounds have healed, have they not? Why not find the strength to rise from the ashes? Faber, why wont you join me? Montag stood stunned in silence.He had been rejected. Faber was sitting there looking at his damn, shaking hands. He had been offered to be the face of a rebellion, to triad a revolution yet he sat there, solemn as a statue. Finally he spoke I am not a phoenix. I, at the very best, can be compared to a modify field mouse. I was a coward when it all began. I watched books fuel in front of me but did nothing of it because I was too afraid to smorgasbord anything. I decline your offer. I was also expecting that. A sudden specious of emotion passed through his eyes, like a fox that knew his prey would be his. I havent even introduced myself yet. Here I am, attempt to convince you to start a revoluti on with me, yet you do not even know my name. My name is Hubert Hoag. He looked nothing like the man Montag had seen on the parlor walls. Albeit he was short like him, but he must have lost weight. A quick glance at Faber showed that he wasnt the least bit surprised. Faber I know that you failed when it began. I also know that you arent exactly the bravest but this is your chance at redemption. You can finally fix the mistakes you made when it was all beginning, Hubert said.Montag was back in the forest with Granger. He remembered what he had said. That it was the right kind of mistakes to be where they are now. Montag opened his mouth to protest but was interrupted by Faber. Ill do it, Faber said in a sharp whisper. Ill do it, he said with more confidence. Ill start a rebellion. Hoag gave a smile like he knew that the stars would align for him. He stood up and said, Excellent. Ill be in contact with you short. We didnt see Hoag for three months. When we were contacted things ch anged. Things changed fast. Faber was short an international icon.He looked younger and radiated power. Hoag and his friends dressed him in the image of the revolution and soon there were ads and posters everywhere. That was then. Now things had changed. Montag was back in the ashes of the city. The scurrying of various animals in the bones of the dead brought back his fond memories of Faber. The sun was nowhere to be seen. It was behind the mountains, hiding, like Faber. He turned to the one animate body of Faber. How does it feel Faber? To start a revolution. When they look back in history, whether or not we won the war, you will be remembered.But your arrogance got the best of you. You were no humble field mouse. You looked at yourself as the new phoenix. You had risen from the ashes of the gray-haired and were ready to guide mankind to this new age. Spending time with Hoag got the best of you. Soon you were thinking like them. You voice communication were weak and empty. You became the image that you were move to fight. You became a problem, Montag said. He looked around. It was around midnight. Not even the moon showered him with its pale glowing light. He lit a match. A match that he had used such a long time ago to cut back others, to burn his problems.And then he was somewhere else, thinking about how a decade ago he had the same problem with another. The wise words of Beatty rang in his head Dont face a problem, burn it Beatty, Ive done just that. He looked on to see the body of Faber leaning against the funeral pyre in such a way that it would pass into a beautiful red flower once the match had engulfed the abject raft. He thought of the phoenix. Faber, you were to be the phoenix. The rebirth of man rising from the ashes. You were a failure. Maybe all we need to do is burn the ashes one more time.

Sunday, February 24, 2019

Doctrine of Repugnance

From cadence immemorial, legislative bodies have been decreeing constabularys all over the world. With the enactment of laws by different legislative bodies all over the world, fighting of laws is an una vacantable issue. merely, in this article I will mainly be focusing on the struggle of laws with paying attention to India. In India, on that point argon three wings of the Government, namely, The law-makers, The Judiciary and the Executive. The general assembly has the law making powers for the entire country. The legislature is further divided into the warmheartedness and the articulate.Doctrine of Repugnancy deals with the participation of laws among the tell and the Centre. Part XI of the Indian theme describes the legislative relations between the evokes and the Centre. The legislative welkin of the fan tan and the express legislative bodys has been specified in bind 246 of the system whereas clause 254 of the Indian Constitution describes the mechanism fo r resolution of conflict between the Central and the postulate rules enacted with mention to every takings enumerated in count III of the virtuoso-seventh Schedule.Various judicial pronouncements have decl ared the pre-conditions for the masking of the doctrine of repugnancy. In the case of M. Karunanidhi v. summation of India, the Constitutional work bench laid overcome the tests for the application of the Doctrine of Repugnancy, which is as follows 1. That in order to decide the question of repugnancy it moldiness be shown that the twain enactments contain inconsistent and conflicting nourishment, so that they crowd outnot fend together or give out in the resembling field. 2. That at that place can be no repeal by implication unless the inconsistency appears on the scene of the two statutes. . That where the two statutes occupy a particular field, alone in that location is room or possibility of two the statutes operating in the same field without coming into impact with each other, no repugnancy results.4. That where there is no inconsistency but a statute occupying the same field seeks to puddle distinct and se parate offences, no question of repugnancy arises and two the statutes chthonicwrite to operate in the same field. In National Engineering Industries Ltd. Vs. Shri Kishan, the imperious Court observed In order that a question of repugnancy whitethorn be arise, two conditions mustiness be fulfilled, namely that the invoke police force and the practice of laws of the coupler must operate the name field and one must be repugnant or inconsistent with the other. From the plain reading of the denominations 246 and 254 it is suck in that in case of a conflict between the Union laws and maintain laws, it is the Union law which shall decree if it is make at bottom an entry of count III of the Constitution. In such a scenario if any provision of a estate-make law is in conflict with the fan tan do law to a lower p lace such circumstance the verbalize- do law is declared repeal to the design of repugnancy.However, this common rule is subject to Clause (2) of Article 254 of the Indian Constitution. The Clause (2) of the verbalise Article says that that the adduce law will become void to the extent of repugnancy unless the situate law has been reserved for the assent of the chairwoman. If the Preseident grants his assent to the said verbalize law, then the Union law, to the extent of its repugnancy will become void in that state. However, this does not curtail the power of the sevens from enacting at any time any law with respect to the same matter including a Law adding to amending varying or repealing the law so made by the legislature of the State.Thus, what is visible to us by analyzing the various judicial pronouncements and by expiration through the Constitution is that twain the Centre and the State have absolute powers with regard to enacting the laws for their respective dom ains but in the presence of a conflict, it is the Centre-made laws which shall prevail in most cases. The Supreme Court in Zameer Ahmed Latifur Rehman Sheikh Vs. State of Maharashtra has examined the law relating to the Doctrine of Repugnancy. In essence, Part XI of the Indian Constitution describes the legislative relations between the States and the Centre.Further, Article 254 workes the doctrine of Repugnancy which acts as a safeguard to solve disputes arising between the states and the Union. The term Repugnancy means inconsistency between the State-made law and the Union-made law. The relevant extracts from the judgment are reproduced hereunder 46. Before we move to analyze the said aspect, it would be appropriate to understand the situations in which repugnancy would arise. 47. Chapter I of Part XI of the Constitution deals with the subject of distribution of legislative powers of the fan tan and the legislature of the States.Article 245 of the Constitution provides that th e Parliament may make laws for the consentaneous or any part of the territory of India, and the legislature of a State may make laws for the whole or any part of the State. 48. The legislative field of the Parliament and the State Legislatures has been specified in Article 246 of the Constitution. Article 246, reads as follows 49. We may now refer to the judgment of this Court in M. Karunanidhi v. Union of India, (1979) 3 SCC 431, which is one of the most authoritative judgments on the present issue.In the said case, the principles to be applied for determining repugnancy between a law made by the Parliament and a law made by the State Legislature were considered by a Constitution Bench of this Court. At para 8, this Court held that repugnancy may result from the following hatful 1. Where the provender of a Central bet and a State practise in the Concurrent harken are fully inconsistent and are absolutely irreconcilable, the Central strike will prevail and the State trifle will become void in view of the repugnancy.Where yet a law passed by the State comes into collision with a law passed by Parliament on an Entry in the Concurrent List, the State Act shall prevail to the extent of the repugnancy and the provisions of the Central Act would become void provided the State Act has been passed in accordance with clause (2) of Article 254. 3. Where a law passed by the State Legislature art object being considerably within the scope of the entries in the State List entrenches upon any of the Entries in he Central List the constitutionality of the law may be upheld by invoking the doctrine of pith and substance if on an analysis of the provisions of the Act it appears that by and large the law falls within the four corners of the State List and entrenchment, if any, is purely incidental or inconsequential. 4. Where, however, a law made by the State Legislature on a subject cover by the Concurrent List is inconsistent with and repugnant to a foregoing law m ade by Parliament, then such a law can be protected by obtaining the assent of the President under Article 254(2) of the Constitution.The result of obtaining the assent of the President would be that so farthest as the State Act is concerned, it will prevail in the State and overrule the provisions of the Central Act in their applicability to the State barely. Such a state of affairs will exist only until Parliament may at any time make a law adding to, or amending, varying or repealing the law made by the State Legislature under the proviso to Article 254. In para 24, this Court further laid down the conditions which must be conform to before any repugnancy could arise, the said conditions are as follows- 1. That there is a clear and direct inconsistency between the Central Act and the State Act. 2. That such an inconsistency is absolutely irreconcilable. 3. That the inconsistency between the provisions of the two Acts is of such nature as to look at the two Acts into direct c ollision with each other and a situation is reached where it is im thinkable to obey the one without disobeying the other. Thereafter, this Court after referring to the catena of judgments on the subject, in para 38, laid down following propositions- 1. That in order to decide the question of repugnancy it must be shown that the two enactments contain inconsistent and irreconcilable provisions, so that they cannot stand together or operate in the same field. 2. That there can be no repeal by implication unless the inconsistency appears on the face of the two statutes. 3. That where the two statutes occupy a particular field, but there is room or possibility of both the statutes operating in the same field without coming into collision with each other, no repugnancy results.4. That where there is no inconsistency but a statute occupying the same field seeks to create distinct and separate offences, no question of repugnancy arises and both the statutes continue to operate in the same field. 50. In Govt. of A. P. v. J. B. Educational Society, (2005) 3 SCC 212, this Court while discussing the scope of Articles 246 and 254 and considering the proposition laid down by this Court in M. Karunanidhi case (supra) with respect to the situations in which repugnancy would arise, in para 9, held as follows- 9. Parliament has exclusive power to legislate with respect to any of the matters enumerated in List I, notwithstanding anything contained in clauses (2) and (3) of Article 246. The non obstante clause under Article 246(1) indicates the predominance or supremacy of the law made by the Union Legislature in the event of an overlap of the law made by Parliament with respect to a matter enumerated in List I and a law made by the State Legislature with respect to a matter enumerated in List II of the Seventh Schedule. 10. There is no doubt that both Parliament and the State Legislature are unconditional in their respective assigned fields.It is the duty of the court to in terpret the legislations made by Parliament and the State Legislature in such a manner as to avoid any conflict. However, if the conflict is unavoidable, and the two enactments are irreconcilable, then by the force of the non obstante clause in clause (1) of Article 246, the parliamentary legislation would prevail notwithstanding the exclusive power of the State Legislature to make a law with respect to a matter enumerated in the State List. 11. With respect to matters enumerated in List III (Concurrent List), both Parliament and the State Legislature have equal competence to legislate. here again, the courts are charged with the duty of interpreting the enactments of Parliament and the State Legislature in such manner as to avoid a conflict. If the conflict becomes unavoidable, then Article 245 indicates the manner of resolution of such a conflict. Thereafter, this Court, in para 12, held that the question of repugnancy between the parliamentary legislation and the State legislatio n could arise in following two ways- 12. First, where the legislations, though enacted with respect to matters in their allotted sphere, overlap and conflict.Second, where the two legislations are with respect to matters in the Concurrent List and there is a conflict. In both the situations, parliamentary legislation will predominate, in the first, by virtue of the non obstante clause in Article 246(1), in the second, by reason of Article 254(1). Clause (2) of Article 254 deals with a situation where the State legislation having been reserved and having obtained Presidents assent, prevails in that State this again is subject to the proviso that Parliament can again bring a legislation to override even such State legislation. 51. In National Engg. Industries Ltd. v. Shri Kishan Bhageria (1988) Supp SCC 82, Sabyasachi Mukharji, J. , opined that the best test of repugnancy is that if one prevails, the other cannot prevail. Case field of view Vijay Kumar Sharma V State Of Karnataka ( Air 1990 Sc 2072) by Sayontika Das Part XI of the Indian Constitution describes the legislative relations between the States and the Centre.Article 254 to establish the doctrine of Repugnancy is one of the laws laid down under the Indian Constitution as a safeguard to solve disputes arising between the states and the Union. Repugnancy is meant to express conflict, whereby there is an expressed inconsistency between the State-made law and the Union-made law. Case detailBench Majority opined- Mishra Rangnath, Sawant P. B and desenting view Ramaswamy. K. Relevant statutory provisions (i) Karnataka Contract Carriages (Acquisition) Act (21 of 1976) s. 14 & s. 20 (ii) Motor Vehicles Act 1988 s. 74 & s. 80(2) and (iii) The doctrine of Repugnancy Article 254 of the Indian Constitution. Reference cases (i) Ch. Tika Ramji v. State of Uttar Pradesh (AIR 1956 SC 676) (ii) Hoechst Pharmaceuticals Ltd. v. State of Bihar (AIR 1983 SC 1019). Case Study The doctrine deals with List (III) schedule (VII) which declares both the Union and State legislatures competent to legislate. However in case of conflict between the laws, the Union law will prevail if it is made within an entry of List (III), irrespective of whether it the Union law is made by before or after the State Legislature. According to Article 254 (1) an overthrow effect is provided to the provisions of a Parliament-made law which the Parliament is competent to enact or in with respect to any matter as enumerated in the List III of Schedule VII.In such a scenario if any provision of a State-made law is in conflict with the Parliamentmade law under such circumstance the State-made law is declared void to the extent of repugnancy. Under List III named as the Concurrent List in Schedule VII of the Indian Constitution both the Union and State Legislatures are competent to make laws on any of the entries mentioned therein. However they are subject to Clause (2) of Article 254 only in case, there is no conflict between the provisions of the said State-made law and a Central Act on the subject.However in case there is a repugnancy in question of a State law and Union law enumerated on one of the subjects of List III, the State law must yield to the Union law unless it has already been reserved for the assent of the President and has duly received so under Article 254 (2). The question of repugnancy and then rightfully arises when there is a direct conflict between the provisions of the State law and the Union law on the same booked field. Laws are said to be repugnant ideally when they get conglomerate into taking responsibility for obedience to a higher authority.Simultaneously however certain inconsistent enactments to each of these laws may sometimes be possible without disobeying the other. Thus a suitable instance for repugnancy arises only when legislation move in List III, the Concurrent List can be corned by resorting to Article 254 (2). The question of repugnancy under Article 254 ari ses when the provisions of both laws are fully inconsistent or are absolutely irreconcilable and it is impossible to obey without disobeying the other, or conflicting results are produced when both the statutes application program the same field are applied to a given put of facts.