Explain what is SWOT

McDonald's possesses good market share. It has the largest fast food market shares in the world with outlets from over 100 different countries. Heavily Invested In advertising, McDonald's spends almost $2 billion In advertisements yearly. Customers are aware of McDonald's latest promotion and products from TV commercial, leaflets and signboards. In addition, McDonald's has a superior reputation. Its brand recognition is valued at $40 billion.Every age group has heard of and knows about McDonald's. Furthermore, it is highly owned by independent franchise. More than 80% of McDonald's' restaurants are operated by franchise, allowing the restaurants to improve their service systems. Lastly, McDonald's targets at children by serving a vast variety of kids' meals which are complimented with different popular toys. Many restaurants also have a segmented play area for children. 2. 2 Weakness Howard Crawford (May 201 3) has also shared the following weaknesses of McDonald's restaurants.Unheal thy food menu Is a weakness as McDonald's main menu is burgers, fries and coke. McDonald's Is said to disrupt the eating habit of people especially the youngsters. Another weakness of McDonald's its negative publicity as it has always received negative remarks for its workers' bad service, creating environmental problems such as using environmentally unfriendly materials for its packaging and infringing animal rights. For example, using chickens from chicken farms whose reputation on treating their animals is questionable.Low differentiation is yet another weakness. Other brands of fast food restaurants such as Burger King and Wend's serve about the same type of menu as McDonald's. 2. 3 Opportunity Howard Crawford (May 201 3) commented that McDonald's has tried to expand Its customers base by entering Into new and popular products. MacAfee offers premium coffees, smoothies and cakes to attract more customers and to retain its existing New, healthier food items have been incorporated into McDonald's menu in a bid to attract more consumers.Corn cups, apple dippers and apple Juice have been introduced as a healthier alternative to the unhealthy fries and soft drinks. In the future, McDonald's can consider serving baked potatoes, cherry tomatoes or even whole meal biscuit for the healthy-conscious consumers. McDonald's can consider expansion into foreign markets. Although McDonald's is the world largest fast food restaurant, some countries like Vietnam, Jamaica and Yemen still do not have McDonald's in their countries. It can also consider expanding the area of its home meal delivery service.Most area n Singapore has McDonald's delivery service but countries like UK still does not have a delivery service. 2. 4 Threats Increasing societal focuses on healthy eating may be a threat to McDonald's (Howard Crawford, May 2013) as more people increasing more health conscious of eating healthy food which could in turn, reduce the demand for fast food. Competitor pressure i n developed countries is another threat. There are already many fast food restaurants like Burger King & Wendy in developed countries. It is very difficult for McDonald to achieve large financial growth in this overcrowded market.

Of Mice and Men Controlled Assessment Draft

Of Mice and Men is an American novel written by John Steinbeck about two itinerant workers who move from place to place. One itinerant worker named George is a small, smart, caring worker. While on the contrary the other itinerant worker name Lennie is a huge, clumsy, naive character. The story is set in a remote place a few miles south of Soledad. The south is usually the best place to live due to the climate of the area. Soledad is the Spanish word for loneliness and solitary.The two itinerant workers pursue their dream of getting their own farm. During their journey George and Lennie encounter many difficulties along the way. It was not uncommon for itinerant workers to suffer from loneliness, isolation and alienation. These three terms are the terms that will be explained in my essay. Dreams are another main factor in this book. George and Lennie have a dream that is the cornerstone of this book. Their dream is that they will â€Å"live of the fatta the lan’†. This quote is a reference to the American Dream.In this case, the fat is a good thing and fat has many properties and is usually the tastiest part of food, they also said that they will live of the fat. This means that the fat is in abundance. The American dream which says you get what you deserve if you work very hard. The American Dream is almost a capitalist dream. Loneliness is defined to be someone who is sad and/or be companionless. Characters such as George, Lennie, Candy and Curley’s wife all suffer from loneliness. George is lonely mainly because he is an itinerant worker which means he doesn’t stay anywhere for long.George even confesses his loneliness by saying â€Å"Guys like us, that work on ranches, are the loneliest guys in the world. † This is when George talks to Lennie beside the river. Lennie is another character that is caught in the trap of loneliness because of his disability and the fact that he always getting into trouble. Candy is lonely as h e only has his dog which eventually dies. Finally, Curley’s wife is lonely as her wife Curley does not give her the attention she wants. Isolation means to separate or to force apart. â€Å"†¦ he limb is worn smooth by men who have sat on it†. Already, in the first paragraph we can see the relationship between man and nature is not the best. Man seems to be destroying nature’s work. The characters that suffer from isolation are the likes of Crooks and Curley’s wife. Alienation is term that is described to a person who is being withdrawn from the world or withdraws them self from the outside world. People often feel alienated as they are being shown disaffection by others. The favourites of Crooks and Curley’s wife suffer from alienation.Crooks suffers from alienation as he is the only black person on the ranch, while Curley’s wife suffers from alienation as she is called names like â€Å"jailbait† (from George) as she is always l ooking for a man and is unfaithful to her husband – Curley. The very first bit of knowledge we know about George is explained in this quote â€Å"The first man was small and quick, dark of face, with restless eyes and sharp, strong features. The first person/people in something are always the more dominant person as explained in this quote. â€Å"†¦ restless eyes†¦ tells us that he is also a very alert man. Later in the book George also confesses his loneliness to the other ranchers. The other ranchers generally don’t like confessing their own loneliness to others. Quotes like . George is a very father like figure to Lennie, to comfort Lennie he usually says (in this case about Curley) â€Å"you keep away from Curley†. George promised Lennie’s Aunt Carla that he will look after Lennie like a father after she dies. â€Å"One side of the river the golden foothill slopes curve up to the strong †¦ Gablian Mountains. This quote explains the q ualities of the two itinerant workers. The quote is saying that George is strong mentally and physically. â€Å"God, you’re a lot of trouble †¦ I could get along so easy and so nice if I didn’t have you on my tail. † George often loses his temper with Lennie. He knows that he is mentally stronger than Lennie meaning that he can do whatever he wants by himself but Lennie always restrains him. Crooks is a character in the book that gets quite a lot of stick from the other ranch workers. The type of loneliness he suffers from alienation.The two main reasons Crooks is alienated is because he is black and he is also disabled. The other ranchers use derogative terms like â€Å"nigger† and â€Å"stable buck† as a reference to Crooks. In those times they thought that it was alright to call black people any name that they desire. The book describes Crooks’ appearance as â€Å"his body was bent to the left by his crooked spine†. Since the Abrahamic religions started, the side to your left was considered ‘dirty’ so, Steinbeck can use this for a reason for the other ranchers to hate Crooks as they will probably consider him ‘dirty’.As Crooks spends a lot of time by himself, he has the privilege of keeping more prized possessions than the other ranchers as explained in the quote â€Å"he had books, too; a tattered dictionary and a mauled copy of the California civil code for 1905†. You could say that Crooks was quite lucky as he had many possessions unlike all the ranchers as all they owned was a small apple box. Crooks is always the one being picked on; for example one Christmas when all the other ranchers where trying to pick a fight with Crooks. Candy is another character in the book that is disabled.He is also one of the loneliest characters in the book. All Candy has is an old dog. Candy’s dog is described Steinbeck uses quite a few techniques in the book. Some of the techniq ues include allegories and foreshadowing. The best example of an allegory in this book is when Lennie kills the innocent mouse, Candy’s dog is killed and then right at the end of the book Lennie is killed. This also foreshadowed what was going to happen to Lennie as he used to follow George around ‘like a dog’. When Candy had no use of his dog; he decided to dispose of him. This just like what George did to Lennie.

Victim's Movement Essay Example | Topics and Well Written Essays - 250 words

Victim's Movement - Essay Example Laws like Victims of Crime Act (VOCA) established the Office for Victims of Crime (OVC), the Victims’ Bill of Rights in 1990, Violent Crime Control and Law Enforcement Act of 1994 which includes the Violence Against Women Act (VAWA) and the subsequent Constitutional Amendment in 1996, were passed by government and promoted. Universities also expanded and established victim-related courses with the U.S. Department of Justice sponsoring the first National Victim Assistance Academy in 1995 (Wallace and Roberson, 2010). Undeniably, the movement succeeded, but an increase in crime rate and severity of crimes today need more educated and trained professionals for support and intervention. One goal the movement should strive for in the next ten years is to develop a plan to maximize government and the universities’ support with regard to intervention. Next, establish permanent information exchange with universities, regarding the changing needs of victims, modus operandi of criminals based on victims’ stories, and other information which may help universities update and improve victim services curriculum, aimed at skills and competency improvement of students when they graduate and practice. Lastly, an organization composed of representatives from the US Attorney’s office, FBI, military and other federal agencies, university and leaders of the different organizations involved in victims assistance and intervention, doctors, psychologists and psychiatrists and other such profession als need to be established. The organization shall serve as a coordinating body dealing with data and information on changing needs of victims and modus operandi of criminals. From the data, the organization can come up with a standardized manual dealing on victim assistance and intervention. All the goals mentioned above will surely make a big difference in

Management in Businees Administation Research Paper - 1

Management in Businees Administation - Research Paper Example Likewise, I being the manager, I had to be confident and presumptuous. Equally important, I had to be enthusiastic, charming, passion and pontificated. I had to have an ability to support others and spearhead solutions in a problem-solving manner. Evenly, I had to drive to support others and spearhead solutions that would solve problems. Similarly, I had to have a desire to serve others, be respectful, sensitive to their needs and expectations, and nurture ability become a passive manager. As well, I had to have prior knowledge on how the industry operates, by having passion, for continued growth and perfection. Studies by Kozakiewicz (2014, p. 186), also taught me how to encompass all positive characteristics and qualities that encapsulate the desirable manager. I have with time managed to develop authentic skills. This has helped me to relinquish all the self-imposed pressure to perform or look good and manage in a healthy manner. For instance, I learned how different departments work. As such, I had to follow a path that encompasses the entire coaching system. I have to take the time to craft the right questions in order to get the salespeople involved in the conversation. As part of the passion, I have to deliver value in every conversation and honor what other people are doing inside the organization. Per se, I will encounter little resistance and only minor pushback when it is time to hold people accountable for the goals and results. As well, the academia has solidified my abilities to become a genuine humble leader who embraces vulnerabilities. Backed by Zawadzki (2013, p. 18), I believe that I am driven by the higher self to deliver value and make an impact instead of being ego. I as well came to note that I had an ability to be true about myself without attempting to emulate other people. I, therefore, plan to use tools and approaches that complement and align with my personality. This plan will include values, talents, strengths

Kinesiology Research Paper Example | Topics and Well Written Essays - 1250 words

Kinesiology - Research Paper Example Once the cause is identified, the bad feelings associated with emotional stress can be eliminated. An approach approved to the management of emotional stress is kinesiology. Through the technique of Emotional Stress Relief (ESR), a victim of emotional stress can quickly achieve calmness, clearly thinking and effective functioning in stressful, traumatic or high-pressure situations (Hoffman, 2008). If applied with the guidance of a health care professional, Emotional Stress Relief (ESR) is an effective kinesiology technique to achieve calmness, clear thinking and optimal functioning in an emotionally stressed person. This paper discusses the effective use of ESR to manage the signs and symptoms of emotional stress, including fight and flight responses to situations, paralysis responses, fear, and uncontrolled anger. If applied with professional guidance, ESR has numerous benefits for emotionally stressed persons. The benefits of ESR to the reader are numerous. Mainly, ESR releases muscle tension, increases flexibility, and improves the energy levels, accompanied by simple pain relief (Wilmore et al., 2006). ESR has also been proved to result in improved posture and breathing as well as the relaxation of muscles such as jaw muscles. By extension, the relaxation of muscles may help in attainment of migraine relief. Overall, ESR has the potential to improve and maintain an individual’s health in general. Importantly, ESR improves self-esteem and confidence and reduces mood swings. Besides, the technique stabilizes emotions, making it an effective stress management method. It also improves the diet to help a tress person’s food intake meet the body’s unique needs. The kinesiology approach to stress management entails the use of body muscles and movements (Wolf et al., 2006). It focuses on addressing emotional stress as a whole-body phenomenon. Kinesiology has the advantage o f being versatile, thus universally applicable. In

The rock'n'roll era and beyond Essay Example | Topics and Well Written Essays - 1750 words

The rock'n'roll era and beyond - Essay Example The identity does not only include personal identity, but also regional, national, gender, ethnic and cultural identity. Therefore, the purpose of this paper is to briefly present an overview of how music can reflect a generation identity. It will also analyze two artists from different decades and how the two musicians connect to listeners at specific stage of life and finally. Finally, the paper will discuss what music reveals about the changes and continuities in the perception of that age identity. In discussing the identity in music, we need to ask ourselves whether it is true that everyone has a musical identity. Few people say that they lack interests in music or liking of the music whatsoever. Most have strong liking of music and dislikes depending on the type of music. Taste for music have always been shown to related to age, music training level and some aspects of cognitive style and personality. Most people listen to music of different levels of engagements to regulate th eir moods in different contexts while they are also involved in other activities. It may seem reasonable that in analyzing the musical identities to look at all the concepts of the people. The broad patterns of musical preferences among people and also the transitory likes and dislikes form the integral part of our music identities (Jennings 1991). It is widely believed that the taste and preferences in listening form the most important part of most people. However, this may not be so among other people in the society. Furthermore, domain music importance varies very much in self-identities. This level of variation may depend on the level of involvement such as the musicians themselves or the solo performers. One of the factors that play a role in teenager’s generation identity is music. They identify with artists and different musical styles to reflect their individual identity as a generation. Over many generations, you will find many parents lamenting on the type of music their young ones listen. Over a period of a hundred years ago, it was jazz, followed by big band, rock n’ roll, then funk, electronic music, rap and finally hip hop. The parents mostly complain about the noise that the young stars listen to hence refusing to listen or understand â€Å"that music.† It is true that music can connect us with each other if we open to listen, understand and receive it. Therefore, in finding identity, people of different age groups do tend to prefer particular type of music. In the 1950s in its last half, as rock ‘n’ roll of the Americans began to assume its hegemony over the airwaves and the habits of the young people of buying records across the whole of the industrialized world, this popular new brand of music began to be primarily perceived as a phenomenon for the youth. This perception was reinforced in the 1960s by the development of the youth movement, which expressed itself self-consciously through distinctive forms of p op and rock music. Many believed that this conjunction resulted to the success of the rock music. It was primarily due to the young stars articulation of their sense of identity mostly based on the idea of age and generation. In the word of Frith (1978), the sociology of rock cannot be separated to the sociology of the youth. In the 1970s, the youth to music relationship differed significantly along a number of dimensions especially in social class, ethnicity and gender (Murdock et al

Write a letter protesting an injustice Essay Example | Topics and Well Written Essays - 1000 words

Write a letter protesting an injustice - Essay Example ted the indiscriminate use of terror to ward off unwanted and defenseless residents, women and children alike, from a land conceived as a defender and a refuge of the oppressed. Back home, in a poor country in the south where I came from, life in America is everyone’s dream. It seems to be the only passport to a better and a more comfortable life. It seems to be the only place that holds the promise of a secure future, and the way out of poverty. I can still remember how my parents and the other elders in the family implanted in me the vision of living a prosperous life in America and set before me the mission to finish my studies and work in America. Later I discovered that the vision and mission America is not only for me, it is a common direction shared by most families hopeful of a good future for the entire family. Getting here was not easy, and for many of us who have been working here for years, reaching America cost our families some fortune, some relationships, some life. There are those who sell properties or parcel of land to finance travel expenses and the cost of living here while looking for an employer. There are those who left behind aging parents, spouses, young children, and siblings. There are those who risked their lives crossing borders in search of an asylum and escape from oppression or slavery. Most are wishfully hoping that after a time, with the green card or with favorable circumstances, all would be reunited and lived a good life in the land of the free. There is this dark side of couples and families separated for quite a long time. Such long separation created a vacuum, an emotional void making one vulnerable to temptation, to infidelity, and thus breaking up what used to be a strong and happy family. As this happened, the children suffer, and left behind to fend for themselves. The long period of separation disintegrated the family, the very basic unit of society. The hope of a bright future and the American dream suddenly

Legal Institutions and Methods Essay Example | Topics and Well Written Essays - 2750 words

Legal Institutions and Methods - Essay Example Another indictable offense in another area of law is murder. b) In summary conviction of an offense committed under section 3 of the Act an individual is subject to imprisonment for a term of not more than 12 months or a fine not in excess of the maximum under the statute or both the imprisonment and the fine. Question 1 (part c) There are two different procedures involved in the annulment of statutory instruments in parliament. These two procedures are the negative procedure and the affirmative procedure. Negative procedure Statutory instruments may be annulled if either House of parliament passes a motion to annul the statutory instrument. This time for annulment is usually 40 days from the day the motion to annul it was laid although this time which parliament is dissolved or when both houses are adjourned for more than four days. A motion to annul a statutory instrument is referred to as a prayer. Any member in the House of Commons may put down a motion to annul the statutory ins trument in respect to the Negative procedure. These motions are Early Day Motions and no time is fixed for the motions. On the other hand, an individual member may table a motion in the House of Lords with the prayers to annul the statutory instrument. Where there are no objections to the statutory instrument subject to this procedure then there is no parliamentary procedure on it. The motions for annulment are debated in parliament, but often by the delegated legislation committee, and where necessary a vote is conducted to annul such instrument. Affirmative procedure Although this procedure is less common than the Negative procedure, it provides a more rigorous parliamentary control. This is so because the instrument must receive the approval of parliament before it is annulled. Statutory instruments subject to affirmative procedure are laid before parliament in draft orders. The draft order has to be approved by parliament in order to be printed and become effective. A motion app roving a draft order has to be made by both houses. The responsibility to approve it lies with the minister laying the order for approval. A statutory instrument subject to this procedure also requires 28 or 40 days after it is laid in parliament to be annulled or remain in force. The relevant minister prepares a motion in this respect and it is upon the minister to ensure that the statutory instrument is discussed within a reasonable time. Question 1 (part d) i) Tom has committed an offense under section 3(1) of the Act by passing information to his friend Bill. The Act prohibits a relevant person from passing information without lawful authority. Tom falls under the category of a relevant person pursuant to section 4 (c) of the Act, which defines a relevant person to include individuals engaged by the BBC. Section 7 of the Act provides that if an individual commits an offense under section 3 then that person is liable to imprisonment for a period not exceeding two years or to a fi ne on conviction on indictment or imprisonment for a period not exceeding 12 months or a fine on summary conviction. ii) the provisions of sub section 5 implies that if an individual commits an offence under section 3 (2) of the Act then the individual can

Literatrure Review Research Paper on Teen Pregnancy in the UK Case Study

Literatrure Review Research Paper on Teen Pregnancy in the UK - Case Study Example These contraceptives have been found to be used only after the individuals have become sexually active, and this has created a situation where unwanted pregnancies are barely prevented in this state. It has further been found that of all the pregnancies that take place in the United Kingdom, nearly half of them are unplanned and of these, almost a quarter are terminated, while thirty eight percent end up being unwanted children (DiCenso, Guyatt, Willan & Griffith 2002, p.1426). The abortion rate in the United Kingdom is among the highest in the developed world, only being surpassed by Canada and the United States; a fact which can be said to be serious indeed. Despite the fact that Britain takes for granted its progress in maternal health, because of its substantial improvement over the years, it still has the challenge of teenage pregnancies to consider. Teenage pregnancy in the United Kingdom can be considered an area that is a very serious public health problem that has to be effe ctively tackled if prevention is to be achieved. The detrimental social and health results that tend to accompany unplanned teenage pregnancy have over the years come to be realised in the United Kingdom. Despite the fact that birth rates amongst teenagers have dropped considerably in many areas of Europe, the opposite has been taking place in Britain, whose rates are considered the highest in Europe. ... It has therefore become necessary to make a study of the causes and effects of teenage pregnancies in the United Kingdom since it is an ideal environment where such a study can be conducted in the developed world. Literature Review The growing problem of teenage pregnancies, most of them unwanted, in the United Kingdom, has come to raise a lot of concern to such an extent where plenty of literature is being written about. Most of the new literature about this phenomenon not only focuses on the development of statistics, but they also focus on the causes, effects, as well as the possible solutions that can be developed to curb this problem. In previous years, the literature written concerning teen pregnancies often ignored the psychosocial problems that these cases often cause for those teenage mothers involved. Among the psychosocial problems that often plague teenage mothers are the following; the interruption of their education, the limitation of their job opportunities, the separa tion that develops between the teenage mother and her child’s father, and finally, the increased risk of repeat pregnancies (Silles 2011, p.766). It has been recognised that the causes of teenage pregnancies are quite diverse and complex in a number of ways which include pressure from older partners, a lack of sex education, a delay of the use of contraceptives, as well as the failure of contraceptives after they have been used (Chevalier & Viitanen 2003, p.325). In Britain, it has been found that there is extensive geographical disparity, with the highest rate of teenage pregnancies being among girls in Barnsley, Doncaster, and southeast London. This case can be distinguished from that in eastern Surrey, which has for the most part, low

Trade unions should...have rights which empower them and their Essay

Trade unions should...have rights which empower them and their members. These rights should be clear and unequivocal, and they s - Essay Example Historically, there have been minimal official restrictions on freedom of association in the United Kingdom, even though there have been several, created by a variety of issues (Keith 2008). Mostly, and definitely in the recent decade, the primary concern is related to limitations on trade unions with regard to which several statutory limitations and other restrictions have been implemented (Wrigley 2002). These actions have raised several communications and grievances to the International Labour Organisation (ILO), the administrative units of which have had opportunity to discover that the legal code under consideration fails international labour standards (Servais 2008). This subject matter is specifically related to the perspective of the International Covenant’s Article 22 taking into consideration the fact that the essence of these mechanisms is identified by paragraph 3, as this essay will discuss, the exact implication of this prerequisite is quite indefinite. As stated by Keith Ewing and Carolyn Jones (2006): â€Å"Trade unions should... have rights which empower them and their members. These rights should be clear and unequivocal, and they should properly equip trade unions... to act within the boundaries of international labour standards to protect the interests of their members. This means a right to organise, a right to bargain and a right to strike in a new legal settlement for British trade unions...(p. 35)† In view of this statement, this essay will critically analyse the industrial relations law in the United Kingdom. It will provide a brief historical discussion of the law relating to freedom of association and the right to strike and will identify which aspects of UK industrial relations law fail to meet international standards. The Right to Freedom of Association As stated in Article 22(1) (Jayawickrama 2003): Everyone shall have the right to freedom of association with others, including the right to form and join trade unions f or the protection of his interests (p. 735). What is quite ambiguous is the degree to which Article 22 safeguards the movement of individuals who are in association with others. A major problem, stressed by the constitutional courts on the one hand and European Court of Human Rights’ covenant on the other, is whether securities resembling those in Article 22(1) are valid only to safeguard the right to freedom of association, or whether they act further by safeguarding the freedom to act in association with others to advocate the fundamental objectives of the association under consideration (Blanpain 2010). The mechanism in constitutional and international law, by and large, has been to espouse the earlier, much restricted, and much less radical context of interpretation (Keith 2008). As stated by Lecher and Platzer (1997), it is the perspective of the Human Rights Committee as well. Taking into consideration the quite narrow statute it is challenging to determine with any lev el of accuracy whether and to what degree UK law and practice meet Article 22(1). Nevertheless, there are three primary concerns which emerge for analysis: (1) the right to join an association; (2) right of the association to manage its internal activities; and (3) the right of the asso

Discussing the customer service policies Essay Example for Free

Discussing the customer service policies Essay In my assignment I will provide information about customers services levels, customer satisfaction, what is customer services , I will give examples and evidence about different institutions and their customers services levels and policies .I want to start with the definitions of customer services and customers service policies. Customer service is the provision of service to customers before, during and after a purchase. Â  Customer service is a series of activities designed to enhance the level of customer satisfaction – that is, the feeling that a product or service has met the customer expectation. Some people say that ‘Customer is always right’ but nowadays if u work in the hospitality industry u will definitely disagree with that .Some customers are really informed about their rights so because of that the stuff should be really confident and well trained to reach the customer expectation. Every business should have customer service policies. According to Entrepreneur Magazine, the definition of a customer service policy is ‘the degree of assistance and courtesy granted those who patronise a business ’.The customer service policies apply, because for every business is important to give their best in way to satisfy the customers. Policies are written rules which customers can see and read at any time, and they protect the business owners. Why we use the customers service policies ?We use them because they inform the customers for their rights ,they give information for the place .That’s why they are very , very important and useful nowadays .There are so many hotels, pubs , bars and other hospitality businesses today which have very interesting customer service policies. I have choose Hilton London Wembley Hotel to give as an example with its customer service policies .The hotel is one of the world wide best hotels so they really know how to satisfy customers needs . Everyone knows that hotel so I want to inform you more about it .For example Hilton London Wembley Hotel check- in time is 3.00pm. , check- out time is 12.00pm.This time hours gives advantages to the stuff so they clean the rooms and prepare them for the next customers and of course they inform the guests when they should leave the room. References: 1. Google ,Wikipedia (2013) http://en.wikipedia.org/wiki/Customer_service 2.Turban, Efraim (2002). Electronic Commerce: A Managerial Perspective. 3. Entrepreneur Magazine http://www.entrepreneur.com/encyclopedia/customer-service

Building Information Modeling In Site Management Construction Essay

Building Information Modeling In Site Management Construction Essay The construction industry is ever evolving with increasing performance demand. Project handover deadlines are shorter, costs are tighter, regulation more stringent, project briefs are more complex, construction procurement methods more varied, Technology forever developing, parallel to technology quality more difficult to achieve and maintain. How do we, as construction professionals, respond to these increasing demands and retain implementing quality in an environment of such increasing complexity and competing constrain? The purpose is to deconstruct the process of managing construction site to investigate how a BIM approach to design and development as well as documentation might assist us to meet the future demands of implementation and site management practice. I will try to focus on present techniques used and successfully implemented examples, especially with the help of BIM tools to assist the process of site management. This report will show an outline methodology in regard to the site management work flow in practice. Particular emphasis will be placed upon the fast track nature of site implementation that is becoming more commonplace in the construction industry. These approaches, supported by property developed and implemented standard and procedures will assist to maximize the efficiency of our practices workflow as well as clarify some myths under the increasing pressure of contemporary site management. Keywords: BIM, Construction, Site Management, Site implementation, collision. Background Industrial Context Managing site is a process that consists of the building or assembling of infrastructure. Far from being a single activity, large scale construction is a feat of human multitasking. Normally, the job is managed by a project manager, and supervised by a construction manager, design engineer, construction engineer or project architect. For the successful management and execution of a construction project, effective planning and technical supports are essential. Involved with the design and execution of the infrastructure in question must consider the environmental impact of the work, the successful scheduling, budgeting, construction site safety, availability of building materials, logistics, inconvenience to the public caused by construction delays and bidding, etc. Participants in the whole managing process are constantly challenged to deliver successful projects despite tight budgets, limited manpower, accelerated schedules, and limited or conflicting information. The BIM concept en visages virtual construction of a facility prior to its actual physical construction, in order to reduce uncertainty, improve safety, work out problems, and simulate and analyze potential impacts.  [1]  Sub-contractors from every trade can input critical information into the model before beginning construction, with opportunities to pre-fabricate or pre-assemble some systems off-site. Problem Of course, BIM is an absolutely wonderful tool, and it has great potential to streamline costs, processes and time, to help different disciplines communicate effectively and to ensure little confusion on a construction site. But to get to that promised land of benefits, you have to pass through the wilderness of adoption, which always seems to hinge on organizational change, not technology. This is the inconvenient truth. Without having a clear concept and following some myths, BIM has become another cost, instead of a cost-savings tool for site management. Learning Objectives: What is BIM? What is virtual construction and how it helps to manage site? What is BIM 3D to 6D approaches for construction site management? How BIM collaborate all contractor works in a single platform to the project from collision? Approach Masters(ConREM) Course materials of Product Modeling, literatures, recent real estate journals, Conference Lectures of world renowned practicing BIM experts and site managers of these days were my key features for investigation and analysis of this discussion topic. Course materials were well organized and highly informative to understand BIM and personally I have used 2D / 3D CAD for more than 2 years and have had the opportunity to work in a largest construction site (satellite city) in Bangladesh as a Project Engineer in my professional career. Analysis What is BIM? Building Information Modeling (BIM) is a digital representation of physical and functional characteristics of a facility. A BIM is a shared knowledge resource for information about a facility forming a reliable basis for decisions during its life-cycle; defined as existing from earliest conception to demolition.  [2]  For the professionals involved in a project, BIM enables a virtual information model to be handed from the design team (architects, surveyors, civil, structural and building services engineers, etc.) to the main contractor and subcontractors and then on to the owner/operator; each professional adds discipline-specific knowledge to the single shared model. This reduces information losses that traditionally occurred when a new team takes ownership of the project, and provides more extensive information to owners of complex structures. BIM can be used to demonstrate the entire building life cycle, supporting processes including cost management, construction management, project management and facility operation. Quantities and shared properties of materials can be extracted easily. Scopes of work can be isolated and defined. Systems, assemblies and sequences can be shown in a relative scale with the entire facility or group of facilities. Dynamic information about the building, such as sensor measurements and control signals from the building systems, can also be incorporated within BIM to support analysis of building operation and maintenance.  [3]  BIM also prevents errors by enabling conflict or clash detection whereby the computer model visually highlights to the team where parts of the building (e.g.: structural frame and building services pipes or ducts) may wrongly intersect. Features of BIM in site management One of the features of BIM in site management is Virtual design and construction. Virtual Design and Construction is the use of integrated multi-disciplinary performance models of design-construction projects to support explicit and public business objectives. Virtual models are virtual because they show computer-based descriptions of the project. The Virtual project model emphasizes those aspects of the project that can be designed and managed, i.e., the product (typically a building or plant), the organization that will define, design, construct and operate it, and the process that the site management teams will follow. These models are logically integrated in the sense that they all can access shared data, and if a user highlights or changes an aspect of one, the integrated models can highlight or change the dependent aspects of related models. The models are multi-disciplinary in the sense that they represent the Architect, Engineering, Contractor (AEC) and Owner of the project, as well as relevant sub disciplines. The models are performance models in the sense that they predict some aspects of project performance, track many that are relevant, and can show predicted and measured performance in relationship to stated project performance objectives. 3D Model Model walkthroughs: These provide a great visualization tool enabling designers and contractors to work together to identify and resolve problems with the help of the model before walking on-site. Clash detection: Traditionally design drawings must be coordinated to assure that different building systems do not clash and can actually be constructed in the allowed space. Accordingly, most clashes are identified when the contractor receives the design drawings and everyone is on-site and working. With clashes being detected so late, delay is caused and decisions need to be made very quickly in order to provide a solution. BIM enables potential problems to be identified early in the design phase and resolved before construction begins. Illustrating the advantages of BIM, one project for the General Services Administration in America saw BIM model reviewers find 257 constructability issues and 7,213 conflicts. On the same project, traditional plan reviewers found six constructability issues and one conflict. Project visualization: Simple schedule simulation can show the owner what the building will look like as construction progresses. This provides a very useful and successful marketing tool for all those involved in a project. Contractors can also use project visualization to understand how the building will come together. Virtual mock-up models: Often on large projects the owner will request physical mock-up models so they can visualize, better understand and make decisions about the aesthetics and the functionality of part of the project. BIM modeling enables virtual mock-ups to be made and tested for a fraction of the cost. Prefabrication: The level of construction information in a BIM model means that prefabrication can be utilized with greater assurance that prefabricated components will fit once on-site. As a result, more construction work can be performed offsite, cost efficiently, in controlled factory conditions and then efficiently installed. 4D Time Construction planning and management: BIM models provide a means of verifying site logistics and yard operations by including tools to visually depict the space utilization of the job site throughout a projects construction. The model can include temporary components such as cranes, Lorries and fencing. Traffic access routes for lorries, cranes, lifts, and other large items can also be incorporated into the model as part of the logistics plan. Tools can further be used to enhance the planning and monitoring of health and safety precautions needed on-site as the project progresses. Schedule visualization: By watching the schedule visualization, project members will be able to make sound decisions based upon multiple sources of accurate real-time information. Within the BIM model a chart can be used to show the critical path and visually show the dependency of some sequences on others. As the design is changed, advanced BIM models will be able to automatically identify those changes that will affect the critical path and indicate what there corresponding impact will be on the overall delivery of the project. 5D Cost Quantity Takeoffs: To determine a projects construction cost and requirements, contractors traditionally perform material take-offs manually, a process fraught with the potential for error. With BIM, the model includes information that allows a contractor to accurately and rapidly generate an array of essential estimating information, such as materials quantities and costs, size and area estimates, and productivity projections. As changes are made, estimating information automatically adjusts, allowing greater contractor productivity. Real Time cost estimating: In a BIM model cost data can be added to each object enabling the model to automatically calculate a rough estimate of material costs. This provides a valuable tool for designers, enabling them to conduct value engineering. However, it should be noted that overall project pricing would still require the expertise of a cost estimator. 6D Facilities Management Lifecycle management: Where a model is created by the designer and updated throughout the construction phase, it will have the capacity to become an as built model, which also can be turned over to the owner. The model will be able to contain all of the specifications, operation and maintenance (OM) manuals and warranty information, useful for future maintenance. This eliminates the problems that can currently be experienced if the OM manual has been misplaced or is kept at a remote location. Data Capture: Sensors can feed back and record data relevant to the operation phase of a building, enabling BIM to be used to model and evaluate energy efficiency, monitor a buildings life cycle costs and optimize its cost efficiency. It also enables the owner to evaluate the cost-effectiveness of any proposed upgrades. Project communication and Collaboration Communication is essential to integrated site management processes. Without tools that simplify communication and allow the decision maker to make timely decisions, it is difficult to minimize errors and keep everyone in the loop. A collaborative approach by BIM to project communications is the best way to minimize problems. In an integrated process, it is the only way. Different BIM models ideally, a construction project would utilize a single BIM model used by designers, contractors, subcontractors and fabricators for all purposes. Each party could access the model at will, adding content that all others could immediately utilize. The reality is that for many years there will rarely be a single BIM model. The architect may have its design model, each engineer may have an analysis model for its discipline, and the contractor may have a construction simulation model and the fabricator its shop drawing or fabrication model. Interoperability the sharing of information between these di fferent models is critical to the collaborative use of BIM, by assuring that each model consistently represents the same building. However, current technologies, and levels of BIM adoption, do not yet allow seamless coordination between different BIM models. The use of multiple models undermines the collaborative use of BIM and prevents project parties from reaping the full benefits of BIMs capabilities. Identify Collisions before They Cause Issues in the Field: Heres an example of how BIM can dramatically reduce construction cost overruns. KAI was providing BIM services for a large hospital project already under construction. When the managers integrated the MEP, HVAC and fire protection drawings into BIM model, they detected a potential collision between the electrical cable raceways and the HVAC. Then they met with the owner, the designer and the affected contractors to review the 3-D BIM model and work out the best solution for co-locating the raceways and the HVAC. The three-hour meeting saved thousands of dollars in change orders and weeks of potential construction delays. In addition to collision detection, BIM enables the cost-saving power of reusability. For example, for health-care portfolio, they developed standard hospital room types in our BIM system that they continuously adapt for standard components, such as wall and bathroom designs. That allows them to build quickly and keep costs competitive. BIM also makes more off-site fabrication possible. BIMs benefits for general contractors include higher quality work completed on a faster schedule, better design visualization, ability to clarify and control scope of work, more detailed scheduling and phasing, more accurate estimates and quantity takeoffs, improved spatial coordination and, of course, better collision detection. Results and Business Impacts Key Findings BIM building information modelling is a co-ordinated set of processes, supported by technology, that add value by creating, managing and sharing the properties of an asset throughout its lifecycle. BIM incorporates data physical, commercial, environmental, and operational on every element of a developments design. Better outcomes through collaboration All project partners different design disciplines, the customer, contractor, specialists and suppliers use a single, shared 3D model, cultivating collaborative working relationships. This ensures everyone is focused on achieving best value, from project inception to eventual decommissioning. Enhanced performance BIM makes possible swift and accurate comparison of different design options, enabling development of more efficient, cost-effective and sustainable solutions. Optimised solutions Through deployment of new generative modelling technologies, solutions can be cost-effectively optimised against agreed parameters. Greater predictability Projects can be visualised at an early stage, giving owners and operators a clear idea of design intent and allowing them to modify the design to achieve the outcomes they want. In advance of construction, BIM also enables the project team to build the project in a virtual environment, rehearsing complex procedures, optimising temporary works designs and planning procurement of materials, equipment and manpower. Faster project delivery Time savings, up to 50%, can be achieved by agreeing the design concept early in project development to eliminate late stage design changes; using standard design elements when practicable; resolving complex construction details before the project goes on site; avoiding clashes; taking advantage of intelligence and automation within the model to check design integrity and estimate quantities; producing fabrication and construction drawings from the model; and using data to control construction equipment. Reduced safety risk Crowd behaviour and fire modelling capability enable designs to be optimised for public safety. Asset managers can use the 3D model to enhance operational safety. Contractors can minimise construction risks by reviewing complex details or procedures before going on site. Fits first time Integrating multidisciplinary design inputs using a single 3D model allows interface issues to be identified and resolved in advance of construction, eliminating the cost and time impacts of redesign. The model also enables new and existing assets to be integrated seamlessly. Reduced waste Exact quantity take-offs mean that materials are not over-ordered. Precise programme scheduling enables just-in-time delivery of materials and equipment, reducing potential for damage. Use of BIM for automated fabrication of equipment and components enables more efficient materials handling and waste recovery. Whole life asset management BIM models contain product information that assists with commissioning, operation and maintenance activities for example sequences for start-up and shut-down, interactive 3D diagrams showing how to take apart and reassemble equipment items and specifications allowing replacement parts to be ordered. Continual improvement Members of the project team can feed back information about the performance of processes and items of equipment, driving improvements on subsequent projects Business Impact BIM is the future of construction and long term facility management but there is still much confusion about what exactly it is and how it should be utilized and implemented. BIM is a relatively new technology in an industry typically slow to adopt change. Yet many early adopters are confident that BIM will grow to play an even more crucial role in building documentation. BIM provides the potential for a virtual information model to be handed from Design Team (architects, surveyors, consulting engineers, and others) to Contractor and Subcontractors and then to the Owner, each adding their own additional discipline-specific knowledge and tracking of changes to the single model. The result greatly reduces information losses in transfer. It also prevents errors made at the different stages of development/construction by allowing the use of conflict detection where the model actually informs the team about parts of the building in conflict or clashing. It also offers detailed computer visualization of each part in relation to the total building. Conclusion BIM is much more than an electronic drawing tool. In a nutshell, BIM is the creation of a complete digital representation of all stages of the building process in order to facilitate the exchange of project information in a digital format. Driven by an information-rich database, it enables members of the project team to simulate the structure and all of its systems in three dimensions and to share this information. The drawings, specifications and construction details are integral to the model. As a result, the team members are able to identify design issues and construction conflicts well before the first earth mover arrives at the site. A project can realize its greatest potential and highest value when it is collaboratively designed and built that is, when the entire design team works together starting in the early planning and design phase. When effectively used by all key members of a project team the architecture/engineering firm (A/E), general contractor or construction manage r, and specialty contractors, in particular, the mechanical, electrical, plumbing and fire protection contractors BIM is a platform for true collaboration. In fact, input from the mechanical, electrical, plumbing and fire protection contractors in the design phase is critically important to prevent collisions or conflicts in the field. Practical Tips and Key Lessons: Virtual modeling by BIM 3D to 6D approach Cost saving More organized site management Prediction of site problems Collaboration of site works Well scheduled management of site Acknowledgements I would like to thanks my BIM course tutor Janne Salin (part time lecturer, ConREM) and Pà ¤ivi Jà ¤và ¤jà ¤ (teacher, ConREM) for providing me helpful information in the field of Building Information Modeling.

Current Air Quality Trend In Malaysia

Current Air Quality Trend In Malaysia Dimitriou and Christidou (2007) mentions air pollution is one of the most pressing global environmental problems that threaten the wellbeing of living organisms, leading to a loss of biodiversity or disrupting the function of the environment as a system. Air pollution occurs as a consequence of natural processes as well as human activity (anthropogenic). Examples of natural causes of air pollution include volcanic eruptions, forest fires and windblown dust. Anthropogenic air pollution from sources like motor vehicles and industries continues to be a serious harm to human health and welfare is more likely, namely the more densely populated urban areas. The health effects of air pollution have been reported in research studies over the past 30 years. These effects include respiratory diseases such as asthma, cardiovascular diseases, changes in lung function, and death. Colls (1997) reported particles in the atmosphere primary or secondary, solid or liquid. They come into the atmosphere, and leave it again by a wide variety of routes. Particulate matter is characterized by its physical and chemical properties Nader (1975). In addition, particle size and particle composition are characteristic that play a significant role in the assessment of health effect. In response to this information, regulatory agencies with a mandate to protect public health must now consider how to implement monitoring networks that will allow measuring the particulate matter concentration. In recent years, a increasing of number of monitoring system for particulate matter (PM) are available and are wide ranging in type, cost, flexibility and accuracy. According to Kingham et al. (2006), accurate and reliable monitoring of PM aerosol in the respirable size fraction ( In 2001, Chung et al pointed about traditional monitoring networks (Continuous Aerosol Mass Monitor, Integrating Nephelometer, Tapered Element Oscillating Microbalance) for airborne particulate matter. A small number of past studies have evaluated the tapered element oscillating microbalance (TEOM) and a series of manual gravimetric methods (Allen et al., 1997, Ayers, 2004, Cyrys et al., 2001, Hauck et al., 2004, Williams et al., 2000) but fewer still have compared other commercial monitors (Baldauf et al., 2001, Chung et al., 2001, Heal et al., 2000, Monn, 2001, Salter and Parsons, 1999). CURRENT AIR QUALITY TREND IN MALAYSIA There are 52 National Air Quality Monitoring Stations (AQMS) in Malaysia, function to monitor continuously 5 major pollutants, namely Particulate Matter (PM10), Ozone (O3), Sulphur Dioxide (SO2), Nitrogen Dioxide (NO2) and Carbon Monoxide (CO). For the northern region of Malaysia (Perlis, Kedah, Pulau Pinang and Perak), the overall air quality levelwas lies between good to moderate. However, there are curtain places (Tanjung Malim, Alor Star and Sungai Petani) recorded unhealthy level of the day especially in the mid of the day till late afternoon due to high concentration of ground level ozone (O3). In tanjung Malim, one unhealthy day was recorded due to high level of particulate matter (PM10) Air Pollutant Index (API) system were used in reporting the air quality status in Malaysia. The API compute from the monitoring of Ground level Ozone (O3), Carbon Monoxide (CO), Nitrogen Dioxide (NO2), Sulphur Dioxide (SO2) and Particulate Matter of less than 10 microns in size (PM10). Air quality status can be categorized in five main level (good, moderate, unhealthy, very unhealthy and hazardous as in Table 1.1. Table 1.1 Malaysia : Air Pollution Index (API) (Malaysia Environmental Quality Report 2011, DoE) API Air Quality Status DoE in Malaysia Environmental Quality Report 2011 highlights the annual average of PM10 was 43m3 , but was slightly increased compared to 2010 (39m3 ). However, for both year (2010 and 2011) value still below the Malaysian Ambient Air Quality Guidelines value (50m3 ). The trend of the annual average levels of PM10 concentration in the ambient air between 1999 and 2011 complied with the Malaysian Ambient Air Quality Guidelines as shown in Figure 1.1 and Figure 1.2 shows the trend based on land use categories (Urban, Sub Urban, Background and Rural). MONITORING METHODS AND INSTRUMENTS The underway monitoring of airborne particulate matter in the ambient atmosphere is mainly for determination of the mass of the particle. The methods used for monitoring of concentration of PM can differ and are very dependent upon the aim of monitoring, sites, monitoring problem and resource that available during monitoring period. Usually, monitoring is to determine the concentration of total suspended particulate (TSP) and suspended particulate matter (SPM) have become outdated with the awareness that PM effects varies depending on sizes of the particle. QUARG (1996) pointed that the latest method of monitoring (gravimetric and direct reading method) are designed to determine the concentration of particle in the different sizes (PM10 and PM2.5). Table 1.2 displays the examples of the instrument for PM10 monitoring and the detection methods. Table 1.2 Examples of instruments used in PM monitoring Instrument Principle of detection Beta Attenuation Monitor (BAM) The beta ray sources used in BAM are 14C. Directly measured the particle based on relationship between beta ray attenuation to particle mass. Depends on the near exponential decrease in the total number of beta particle transmitted through a thin sample as the density increase (William et al., 1993) The gravimetric method that only the mass of particle can be affect the detector not by the size of distribution, physical size, shape or either by chemical composition (Chow et al., 1996) Tapered Element Oscillating Microbalance (TEOM) Tapered hollowed channel will act as a gateway where the particles are collected on a filter. For minimum thermal expansion that occurred at the tapered channel, the sample area is maintained at 50 °C. Thermal expansion may affect the oscillation frequency and might be reduce the total amount of particle bound water. DustTrak 8520 Hands carry instrument and highly portable direct reading monitor. Using light scattering laser to detect the particles. Particles scattered the light which is from laser diode drawn through a constant stream. Liu et al., (2002) mentions the amount of light scatter find out the particles mass concentration. PROBLEM STATEMENT In Malaysia, PM10 monitoring was conducted by Alam Sekitar Malaysia Sdn. Bhd. (ASMA). Md Yusof et al (2010) lists two instruments used for monitoring are high volume sampler (HVS) and beta attenuation monitor (BAM). BAM is the standard instrument used by Department of Environment (DoE) to measure particulate matter in 51 monitoring station in Malaysia. Air quality of these new areas cannot be monitored and observed due to the lack of monitoring stations of air quality. To develop these new monitoring stations, definitely it will be costly and need good maintenances. Additionally, air quality at the rural areas also cannot be monitored. Therefore, a new alternative instrument such as Direct Reading Monitors (DRM) will enable air pollutants to be monitored more comprehensively. Even though DoE has set up their monitoring station, the number of monitoring stations is limited. With the use of simple instruments and cost effective, the air quality in areas without monitoring stations can be monitored and assessed. For this study, direct reading monitor (DRM) was used to monitor PM10 concentration at selected stations. However, PM10 concentration recorded using DRM and BAM was different. This is due to different detection method between both instruments (DRM used laser and BAM used beta ray) and response time for DRM was set to one minutes, while BAM records hourly PM10. In addition, the mobile factor that is owned by DRM is also affecting the reading. Therefore, an appropriate coefficient needed to make sure the reading obtained from the DRM is the same as the reading derived from the BAM. OBJECTIVES The objective of this project is:- To estimate coefficient that relates DRM and BAM by using regression techniques. To investigate the best coefficient based on performance indicator. To determine the influence of meteorology on PM10 concentration. SCOPE OF STUDY In Malaysia, Beta Attenuation Monitor (BAM) is the standard instrument used by DoE to measure particulate matter in 52 monitoring stations. This instrument automatically measures and records hourly particulate mass concentration in ambient air. It uses beta ray attenuation to calculate collected particle mass concentration units of  µg/m ³. For this study, Direct Reading Monitor (DRM) was used to monitor PM10 concentration at Air Quality Monitoring Station (AQMS) conducted by Alam Sekitar Malaysia (ASMA). The station selected for this research is Prai and Seberang Jaya. Both stations are situated in the north part of Peninsular Malaysia. They are many researches comparing the mass concentration results of the BAM and gravimetric methods. Salminen and Karlsson (2003) reported the agreement between PM10 concentration measured by BAM and gravimetric method. PM10 concentration recorded by the DRM was compared with data monitored using BAM provided by DoE. Three method of linear regression was used to investigate the relationship between the DRM and BAM monitoring record which is method of ratio, method of quartile and method of quantile. Performance indicators were used to evaluate the goodness of fit for the ratio,quartile and quantile method to determine which method is the best. THESIS OUTLINE This thesis has a five important parts and brief outlines of this thesis follows. Chapter one gives an introduction about air quality monitoring in Malaysia, sources of air pollution in Malaysia. This thesis also stated the problem statement, objectives, scope of study and concludes with thesis outline. Chapter 2 discussed about the literature review of the research area (particulate matter 10, measurement for PM10), and also review that determines to what extent the issues or research part has been investigated. From this chapter, a good view and knowledge about research area can be undertaken. Chapter 3 describes the methodologies that have been used in this research. The area of study, setting and sitting of instrument, monitoring of PM10 using DRM and BAM, and method to analyzing the monitoring records also discussed in this chapter. Chapter 4 presents the result from data analysis in the form of graphical techniques and table, for all three methods, performance indicator and meteorological effect with the discussion. Chapter 5 gives a general discussion of this research. The comparison of three methods was discussed and to determine which method is the best using performance indicator. This chapter also discussed the best conclusions of this research and listed of recommendations for future research. CHAPTER 2 LITERATURE REVIEW 2.1 INTRODUCTION Sherman (2003) defined air pollution as the presence of undesirable levels of physical or chemical impurities. Many organization such as the World Health Organization (WHO, 1999) recognized particulate matter (PM), carbon monoxide (CO), nitrogen dioxide (NO2), ozone(O3), lead (Pb) and sulfur dioxide (SO2), as classical pollutants presenting a hazard to sensitive populations. Air pollution now becomes an increasing source of environmental degradation in the developing nations of East Asia (Alles, 2009). The air pollution in Malaysia has not reached a critical level as in other metropolitan areas in Asia, like Jakarta or Manila. (Malaysian German Technical Cooperation, 2000). However; even outside extreme haze periods, pollution levels increased despite tight regulations and this is added by the increase in the number of vehicle, distance travelled and growth in industrial production. Air quality in Malaysia is a major concern as the nation forged ahead to become an industrialized nation by the year 2020. The Malaysian Air Pollution Index (API) is obtained from the measurement of PM10 and several toxic gases such as SO2, CO, NO2, and O3. The air quality status in Malaysia is determined accordingly to API which indicates the level of pollution in the atmosphere. The API system of Malaysia closely follows the Pollutant Standard Index (PSI) system of the United States of America. According to Department of Environment, based on the Air Pollutant Index (API), the overall air quality for Malaysia in 2010 was between good to moderate levels most of the time. The overall number of good air quality days increased in 2010 (63 percent of the time) compared to that in 2009 (56 percent of the time) while remaining 36 percent at moderate level and one percent at unhealthy level. However, peatland fires resulting in transboundary air pollution that occurred in the Southern Asean region in the month of October resulted in a short spell of haze episode in the southern part of Peninsular Malaysia (DoE, 2009 DoE, 2010) DoE also reported that the overall air quality of the northern region of the West Coast of Peninsular Malaysia (Perlis, Kedah, Pulau Pinang and Perak), was between good to moderate most of the time. However, Tanjung Malim and Tasek recorded four unhealthy days and one unhealthy day, respectively. The pollutants of concerned were ground level Ozone (O3) and PM10. 2.2 AIR QUALITY MONITORING IN MALAYSIA In order to ascertain the quality of the environment in Malaysia, the Department of Environment (DoE) regularly monitor the air quality. The air quality monitoring, which involves measurements of total suspended particulates, atmospheric lead and dust fallout, are conducted at 52 monitoring stations (Figure 2.1 and 2.2) categorised as industrial, urban and sub urban areas (DoE, 2010). In addition to the 52 stations in the National Continuous Air Quality Monitoring Network, manual air quality monitoring stations using High Volume Samplers were also established at 14 different sites for measuring total suspended particulates, particulate matter (PM10) and heavy metals such as lead. A continuous automatic monitor which gives instantaneous measurements of gaseous pollutants such as CO, SO2, oxides of nitrogen and ozone, as well as suspended particulate matter and total hydrocarbon used as the monitoring equipments by the DoE to assess air quality (Abdullah, 1995). The air quality status is reported in terms of Air Pollutant Index (API). The air pollutants used in computing the API are ground level ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulphur dioxide (SO2) and particulate matter of less than 10 microns in size (PM10). The API is categorized as good, moderate, unhealthy, very unhealthy and hazardous. 2.3 SOURCERS OF PM10 The US EPA defines particulate matter (PM) as a mixture of solid particles and liquid droplets found in the air. PM can be in sizes or colors large or dark enough to be observed or it can be so small that an electron microscope is required to distinguish it. According to Fierro (2000), coarse particles (PM10) have an aerodynamic diameter between 2.5 µm and 10 µm. They are formed by mechanical disruption (e.g. crushing, grinding, abrasion of surfaces), evaporation of sprays, and suspension of dust. PM10 particles are small enough to be inhaled and accumulate in the respiratory system (Colls, 1997). Particulate matter can come from many sources. Generally, any activity which involves burning of materials or any dust generating activities are sources of PM. Some sources are natural, such as volcanoes and water mist (Bates, 1995). PM is introduced to the air through both natural and human causes (Harrisonu Yin, 2000). PM from specific sources typically follow short term and long term (seasonal) trends (Yatin et al. 2000). For example, space heating generates more combustion related PM emissions during the cold seasons while, at the same time, snow cover can inhibit PM emissions from the soil. Quality of Urban Air Review Group (1996), published the report in which they describe that primary particles are those directly emitted to the atmosphere from sources such as road traffic, coal burning, industry, windblown soil and dust and sea spray. On the other hand, secondary particles are particles formed within the atmosphere by chemical reaction or condensation of gases, and the major contributors are sulphate and nitrate salts formed from the oxidation of sulphur dioxide and nitrogen oxides respectively. The primary sources of PM in Malaysia, are motor vehicles diesel trucks, industrial emissions, agricultural, slash and yard waste burning, and even exhaust from lawn mowers and boats (Department of Environment, Malaysia, 2010). PM concentrations tend to be especially high in area with greater population density, nearby industries or agriculture, or where local topography or weather conditions contribute to air stagnation. 2.3.1 Traffic Vehicular particle emissions are the result of a great many processes, an example combustion products from fuel and oil, wear products from brake linings, tyres, bearings, car body and road material, and the resuspension of road and soil dust (Laschober et al. 2004). Traffic is an effective source of both fine and coarse mode primary particles, condensable organic gases, and a major source of nitrogen oxides that then form secondary nitrate aerosols. Particles of condensed carbonaceous material are emitted mainly by diesel vehicles and poorly maintained petrol vehicles (Vardoulakis et al. 2003). Diesel exhaust particles have been shown to display a multimodal size distribution (Kerminen et al. 1997) and are mainly carbonaceous agglomerates below 100 nm in diameter, whereas particles emitted by gasoline vehicles are also mainly carbonaceous agglomerates but considerably smaller, ranging from 10 to 80 nm (Morawska and Zhang 2002). Particulate matter originating from traffic can be pres ent at elevated concentrations especially during high traffic density and poor dispersion conditions, e.g. in street canyons, which can lead to high human exposures to traffic-related pollutants (Vardoulakis et al. 2003). Identification of traffic related particulate matter in source apportionment studies has become difficult due to phasing out of Pb as an additive to gasoline. Elements that have often been associated with vehicular emissions include Cu, Zn, Pb, Br, Fe, Ca and Ba (Huang et al. 1994, Cadle et al. 1997, Kemp 2002, Morawska and Zhang 2002, Sternbeck et al., 2002). Emissions of many metallic elements from vehicular sources are mainly due to non exhaust emissions, examples from the wearing of tyres, brakes and other parts of vehicles (Sternbeck et al. 2002, Adachi and Tainosho 2004, Laschober et al. 2004, Lough et al. 2005). In addition to road traffic, emissions from the main and auxiliary engines of ships can be a significant source of particulate matter and associated elements such as V and Ni (Lyyrà ¤nen et al. 1999) at certain locations (Ohlstrà ¶m et al. 2000, Colvile et al. 2001, Isakson et al. 2001). 2.3.2 Stationary sources The most significant stationary combustion sources include energy production facilities such as municipal power plants, waste incineration, and residential combustion. Several industrial processes, such as iron and steel production, also involve combustion of fossil fuels or biomass for generating power and heat needed for the process. Most of these sources are considered point sources, although smaller and more widespread sources such as residential combustion could also be considered as an area source. Physical and chemical characteristics of the particles emitted from these source categories depends on the combustion process itself, and the type of fuel burnt (solid, liquid, or gas). Combustion processes and properties of particulate matter emitted from these sources have been comprehensively reviewed by Morawska and Zhang (2002). The major industrial processes include factories processing metals and chemicals, materials handling, construction and mining. Particulate matter from t hese sources are partly released as fugitive emissions, which are not collected and released in a controlled manner, but emitted from a variety of points and areas connected to a process (Seinfeld and Pandis 1998). Chemical and physical properties of fugitive emissions depend on the processes by which they are emitted. Since the bulk of most trace metals are nowadays emitted from industrial processes, their concentrations are spatially heterogeneous and subsequently, their measurement is quite sensitive in terms of location; however, the reported concentrations of trace metals in major cities demonstrate rather similar levels of trace metals (Harrison and Yin 2000). PM10 CHARACTERISTIC. PM is characterized by its physical, chemical and optical properties. The quality of air that we breathe in every second determine by the amount of particulate matter in it. These particulate matters measure by their particles size. Those with the particles size less than 10 micron (PM10) is used to monitor the air quality which in turn is related to the health problems of the workers or public at large (Alias et al., 2007). The most important characteristic of particulate matter (PM) is the particle size. This property has the greatest impact on the behavior of particulate matter in control equipment, the atmosphere, and the respiratory tract. Particles of importance in air pollution control span a broad size range from extremely small (0.01 micrometer) to more than 1,000 micrometers (US EPA, 2010). As a frame of reference, a human hair has a diameter of approximately 50 micrometers. The suspended particles vary in size, composition and origin. It is convenient to classify particles by their aerodynamic properties because, (a) these properties govern the transport and removal of particles from the air, (b) they also govern their deposition within the respiratory system and (c) they are associated with the chemical composition and sources of particles (WHO, 2003). 2.4.1 Physical Characteristic The physical attributes of airborne particulates include mass concentration and size distribution. the size is from a few nanometers (nm) to ten of micrometers ( µm) in diameter. Size is the single most important determinant of the properties of particles and it has implications on formation, physical and chemical properties, transformation, transport, and removal of particles from the atmosphere. Ambient levels of mass concentration are measured in micrograms per cubic meter (ÃŽÂ ¼g/m3), size attributes are usually measured in aerodynamic diameter. Particulate matter (PM) exceeding 2.5 microns (ÃŽÂ ¼m) in aerodynamic diameter is generally defined as coarse particles, while particles smaller than 2.5 microns (PM2.5) are called fine particles (World Bank Group, 1998). Particles of any substances that are less than 10 or 2.5 micrometres diameter. Particles in this size range make up a large proportion of dust that can be drawn deep into the lungs. Larger particles tend to be tr apped in the nose, mouth or throat. The concentration and other characteristics of suspended particulate matter are determined by the presence and activity of sources. Once formed, particles change their size and composition by condensation or evaporation, by coagulating with other particles or by chemical reactions (Seinfeld and Pandis 1998). Pohjola et al., (2000), found that meteorological factors such as wind speed and direction, temperature, amount of precipitation, and the height of the atmospheric boundary layer, are most important in governing the concentration variations of particulate matter. The highest PM concentrations are often reported during stable meteorological conditions such as inversion with low wind speeds (Pohjola et al. 2004). Also the physical and chemical processes affecting the particles are regulated to a great extent by meteorological factors. 2.4.2 Chemical Characteristic The chemical composition of the particulate matter is also important. The chemical composition of PM is highly variable due to pollution sources, chemical reactions in the atmosphere, long-range transport effects and meteorological conditions. Absorption and heterogeneous nucleation of vapor phase pollutants onto existing particles can create toxic particulate matter (US EPA, 2010). The chemical properties vary depending on sources of particles. It is important to note that particulates are not one particular chemical substance but a classification of particles by size rather then chemical properties.The acid component of particulate matter, and most of its mutagenic activity, are generally contained in fine particles, although some coarse acid droplets are also present in fog. Particles interact with various substances in the air to form organic or inorganic chemical compounds. The most common combinations of fine particles are those with sulphates (World Bank Group, 1998). The rela tive abundance of the major chemical components, termed as bulk chemical composition and also about trace element and strong acid contents was reviewed in the studies of Harrison and Jones (1995) and Harrison and Yin (2000). In addition to the bulk composition, Harrison and Yin (2000) also discussed trace element and strong acid contents. In the United States, sulphate ions account for about 40% of fine particulates and may also be present in concentrations exceeding 10 ÃŽÂ ¼g/m3 (US EPA, 1982). 2.5 PARTICULATE MATTER HEALTH EFFECT There are a very limited number of studies that relate air pollution to its health impact in Malaysia. The lack of data gathering for environmental epidemiological analysis makes it difficult to estimate the health impact of air pollution (Afroz et al., 2003). Whilst epidemiological studies have consistently demonstrated adverse effects of particulate matter exposure on human health, the mechanism of effect is currently unclear (Harrisonu Yin, 2000). The US Environmental Protection Agencys 1996 Air Quality Criteria for Particulate Matter reviewed the physiologic, toxicology, and epidemiologic studies related to the inhalation, deposition and health effects of PM exposures (US EPA, 1997). Some research has identified several plausible biological mechanisms for both the initial pulmonary injury and the consequent systemic effects (Neas, 1999). The respiratory system is the major route of entry for airborne particulates. The deposition of particulates in different parts of the human respiratory system depends on particle size, shape, density, and individual breathing patterns (mouth or nose breathing) (World Bank Group, 1998). In adults, PM exposure was associated with increased incidence of respiratory symptoms, transient decrements in pulmonary function levels, and the onset of chronic pulmonary disease in adults (Neas, 1999). Seaton (1995), has identified several plausible biological mechanisms for both the initial pulmonary injury and the consequent systemic effects following PM exposure and the initial pulmonary injury may be related to one or more properties of PM and its constituents including physical, chemical and biological characteristics. Several hypotheses have been proposed to explain the path physiology of PM induced health effects. The most obvious mechanism involves the reduction in pulmonary function in response to the pulmonary inflammation. In the hypoxia hypothesis, the susceptible population consists of individuals with severe respiratory disease whose pulmonary reserve capacity is already near the minimum compatible with life. Exposure to PM further lowers their pulmonary function le vels and results in emergency hospitalization and death (Neas, 1999) Children are especially susceptible to particulate matter pollution for several reasons, their respiratory systems are still developing, they breathe more air (and air pollution) per pound of body weight than adults and theyre more likely to be active outdoors. Older adults are also more likely to be affected by particulate matter pollution, possibly because they are more likely to have chronic heart or lung diseases than younger people. In addition, people who have heart or lung disease, such as congestive heart failure, angina, chronic obstructive pulmonary disease, emphysema or asthma, are likely to experience health effects earlier and at lower particulate matter pollution levels than healthy people (American Lung Association, 1996). The capacity of particulate matter to produce adverse health effects in humans depends on its deposition in the respiratory tract. Particle size, shape, and density affect deposition rates. The most important characteristics influencing the deposition of particles in the respiratory system are size and aerodynamic properties. In Malaysian Ambient Air Quality Guidelines (MAAQG), the level of PM10 concentrations are, 150 micrograms per cubic meter ( µg/m3) for 24 hour and 50 micrograms per cubic meter ( µg/m3) for the annual (Department of Environment, Malaysia, 2010). Some tiny pieces of particulate matter, PM10, are small enough to pass from our lungs to our bloodstream. PM can alter the bodys defense systems against foreign materials, damage lung tissues, aggravate existing respiratory and cardiovascular disease, and can lead to cancer. In some cases, PM exposure can even lead to premature death. Adverse health effects have been associated with exposures to PM over both short periods (such as a day) and longer periods (a year or more). The people who are most at risk are people with asthma, influenza, lung, heart, or cardiovascular disease, the elderly, and children. The human immune system developed in a time and environment where dust was made of large particles. Humans have developed a means of protecting themselves against these large particles. Particles larger than 10 microns generally get caught in the nose and throat, never making it as far as the lungs. Unfortunately, more recent human activity has created many particles that are much s maller, which can make it past our natural defenses, and can enter our systems (Fierro, 2000). The size of particles is directly linked to their potential for causing health problems. Most concerned about particles that are 10 micrometers in diameter or smaller because those are the particles that generally pass through the throat and nose and enter the lungs. Once inhaled, these particles can affect the heart and lungs and cause serious health effects. EPA groups particle pollution into two categories: Inhalable coarse particles, such as those found near roadways and dusty industries, are larger than 2.5 micrometers and smaller than 10 micrometers in diameter. Fine particles, such as those found in smoke and haze, are 2.5 micrometers in diameter and smaller. These particles can be directly emitted from sources such as forest fires, or they can form when gases emitted from power plants, industries and automobiles react in the air. (U.S Environmental Protection Agency). 2.6 MEASUREMENT FOR PARTICULATE MATTER (PM10) 2.6.1 Reference Method The US Environmental Protection Agency (EPA) has designated a handful of instruments as Federal Reference o

Essay --

â€Å"Courage is fire and bullying is smoke.†--Benjamin Disraeli. Bullying is more connected to smoke than just as aftermath. Bullying, compared to smoke, is widespread and causes destruction in every life it touches. The tormentor envelopes their victim in fear and a sense of uneasiness that cannot be divided into categories--such as some websites claim--but instead, one because all the bully can do is connected to his or her victim in one way or another. Bullying touches many people in close proximity to one another . In fact, recent surveys have found that approximately 60 percent of students enrolled in middle school have been bullied in some form (Statistics: Is Bullying). The facts show that once started, bullying is incredibly difficult to stop, and wreaks havoc in every life it touches. Bullying affects middle school students in numerous ways. Some of the most common being physically, emotionally, and academically. Bullying, such as smoke, can cause serious health problems to students in middle school. Many bullies choose to physically harm their victims in a form of bullying called physical bullying. â€Å"Physical bullying involves real bodily contact between a bully and his or her victim for the express purpose of intimidation or control over the victim† (What Is Physical). This interaction develops into a feeling of satisfaction for the bully because their have done what they intended to accomplish--establish anxiety into the life of the suffer. However, the pain does not end there for some students. Many students suffer from imperfections in their bodies due to the physical contact. Some of which includes bruises, cuts, and scars, leaving a constant reminder of middle school for the rest of their lives. Physical bullyi... ... who are repeatedly bullied receive poorer grades and participate less in class discussions. Some students may get labeled as low achievers because they do not want to speak up in class for fear of getting bullied. Teachers can misinterpret their silence, thinking that these students are not motivated to learn† (Wolpert). Without doing well in school, many students are hurting their chances to be successful in life. Bullying causes a students to feel like they do not have fulfillment in their lives. Because of bullying, many students suffer. Because of bullying, many middle school students suffer in more than one area, just as smoke can affect a persons health in more than one area. It affect student’s body, mind, and school work. To help correct this, peers need to step up if they see someone being bullied, for the health of the bully, victim, and community.

The Power Of Education Essay -- The Importance of Education

The Power Of Education The Power of education is overwhelming. It develops and enhances the minds of young children into young adults. Education serves as a tool for society to raise its youth to serve society. This process has been a never ending cycle since as long as anyone can remember. Children maturing into proper adults has been the goal of education in the past. However, there is a major controversy over the effects and power of the educational system. Throughout the past the educational system has been the focus over the development of society's youth. All parents, teachers, and concerned individuals ponder the notion of the role and effects of the system in question. Is the purpose of our educational system to teach just the cold hard facts and information, or should it exist to also serve to supply our juveniles with ethics and morals? One such person who confronts today's system is an author, Jonathan Kozol. His thoughts over this concerned area have brought him to write a book entitled, The Ni ght is Dark and I am Far From Home. In his writing he argues that Public schools in the U.S. do not exist to educate an ethical being, but rather educate unprovocative, conforming American citizens. (133) I agree. The function of our educational system should be in existence to serve our growing children with not only the knowledge of information, but the wisdom of morality as well. However, in order to further argue the importance of morality, a formal definition is needed. Just what is meant by morality? Any number of people can look at it and perceive its identity differently. Two writers Barry L.Chazan and Jonas F.Soltis talk define the significance of a moral situation in education as follows, It is, rather, a si... ...th kindness, touched with irony, decorated with compassion, is a reasonable goal for moral paralytics in a land of drought. (168) Morality is needed in the schools for these very reasons. One who opposes this view is only presenting an obstacle to the future growth of our society. As I stated before, the power of education is overwhelming. Morality is needed to provide students with a new emotion of eagerness to learn, able to confront each others ideas, and hold their own beliefs. It is our responsibility to mold our children of clay into powerful, individual, concrete statues, that can last forever. Works Cited Bereiter, Carl.. Must we Educate. Prentice Hall; N.J. 1973 Chazan, Barry I. and Soltis, Jonas F. Moral Education.Columbia; NY and London, 1973. Kozol, Jonathan. The Night is Dark and I am Far From Home. Houghton Mifflin: Boston, 1975.

Truth and Art: Keatss Ode on a Grecian Urn :: Ode on a Grecian Urn Essays

Keats's "Ode on a Grecian Urn" offers a paradoxical concept of Beauty. It describes the frozen beauty portrayed on the Urn as sweeter than reality, for its expiration is a locked impossibility. The lover's kiss is sweeter when in waiting, and her timeless beauty and devotion are worth the kiss's impossibility. Thus, the observation of beauty is more sweet than its reception, and objects in their prime are best just before their expiration. This poem is reminiscent of Shakespeare's sonnets in its zeal for permanent youth and disdain for time's drain on youth's beauty. Yet, after all the desires for the Urn's timeless youth and beauty (an impossibility in reality), the poet ends with, "Beauty is truth, truth beauty-that is all / Ye know on earth, and all ye need to know." Keats objectifies and works to define beauty through his description of the Urn, or art in general. If the beauty found in the urn is an impossibility in reality, how can it be undeniable truth? "La Belle Dame sans Me rci" further complicates this question. Here, beauty is false trickery. The knight is pulled in by a mythical creature whose beauty and pleasing actions draw him into her lair, where she leads him to tragic ending on the cold hill's side. It can be deduced from this poem that Beauty is deceiving, and, consequently, not Truth. So what are we left with? "Ode on a Grecian Urn" implies that art represents Beauty. But this Beauty is impossible in the realm of reality; it can only be in the unmoving atmosphere of an Urn's surface. After four and a half stanzas supplying evidence of the scene's impossibility, the finishing lines inextricably link Beauty to Truth. The only way the art on the Urn can be viewed as having a place in reality, is the Urn's physical timelessness: "When old age shall this generation waste, / Thou shalt remain.

Equity and Trusts: Barnes V Addy Second Limb

Introduction This paper examines the development and scope of accessory liability under the second limb of Barnes v Addy as it stands in both England and Australia. As to the law in England, the focus will be on the rearticulation of the principle of accessory liability under the second limb as stated in Royal Brunei Airlines Sdn Bhd v Tan. In particular, it will consider the extent to which the decision has reconciled inconsistencies in earlier authority and remedied those issues propounded to be inherent in the traditional formulation of the principle. At this stage, this traditional principle remains good law in Australia.However, as suggested in Farah Constructions Pty Ltd v Say-Dee Pty Ltd, there is potential for the English approach to be adopted in the Australian context. Such an adoption may be advisable in light of the judicial and extra-judicial commentary suggesting that the orthodox approach is in fact not properly aligned with equitable principles. The discussion of this possibility involves not only an assessment of the advantages and disadvantages of each approach, but also a determination as to the extent to which the separate application of each approach could result in a divergent outcome.The development of the second limb of Barnes v Addy in Australia- ‘knowing assistance’ The classic authority on the circumstances in which third parties will be held accountable for their involvement in a breach of trust or fiduciary duty is the English case of Barnes v Addy. It was in this case that Lord Selbourne LC articulated the much cited and analysed statement of principle that has come to form the modern law: †¦ trangers are not to be made constructive trustees merely because they act as the agents of trustees†¦unless those agents receive and become chargeable with some part of the trust property, or unless they assist with knowledge in a dishonest and fraudulent design on the part of the trustees. This statement has come to be understood as allowing liability to be imputed on a party in two distinct circumstances, where the third party either knowingly receives trust property, or assists with knowledge in a breach of trust or fiduciary duty.This paper seeks only to consider the latter. In what ostensibly remains the authoritative case on this second limb of Barnes v Addy in Australia, the High Court in Consul Development Pty Ltd v DPC Estates Pty Ltd, (‘Consul Development v DPC’) not unlike other cases at the time, focussed predominantly on the level of knowledge which would be sufficient to attract accessory liability in the circumstances before them.The primary question was not one of the dishonesty or otherwise of the actions of the third party, but of that third party’s knowledge of the dishonesty of the fiduciary. The majority, it seems, realised that the terms ‘constructive notice’ and ‘actual notice’ did not in themselves comprise the requisite sophisti cation for dealing with the matter of the knowledge of the third party.They instead expressed the required degree of knowledge within particular parameters, with neither Stephen J nor Gibbs J willing to extend these parameters to include a negligent failure to inquire on behalf of the third party. In Equiticorp Finance Ltd v Bank of New Zealand, Kirby P (in dissent) indicated support for the Consul test of knowledge, and attempted to clarify the judgement in Consul Development v DPC with reference to the decision in Baden, Delvaxs & Lecuit v Societe Generale pour Favoriser le Development du Commerce et de L’Industrie en France SA (‘Baden’).He equated the degrees of knowledge set out by the High Court in Consul Development v DPC with the first four categories as stated in Baden thereby confirming that both actual and constructive knowledge, but not constructive notice, would constitute the requisite degree of knowledge necessary to render a third party liable unde r the second limb of Barnes v Addy. Similar findings have been made in later cases where Consul Development v DPC has been declared authority on the matter, although such an explicit reference to the Baden scale is not always present.Conversely, other judges have found the judgement in Consul Development v DPC to be inconclusive, adopting a narrow interpretation of the judgement of Stephen J and restricting the requisite knowledge only to the first three categories of the Baden scale. This tendency toward a narrow approach increased following the decision in Royal Brunei Airlines Sdn Bhd v Tan (‘Royal Brunei’) as courts attempted to reconcile the UK and Australian lines of authority.However in other cases, such as Gertsch v Atsas it was held that that the acceptance of the first four Baden categories was synonymous with accepting a standard of honesty. Given the discordant state of the Australian authorities, the High Court took the opportunity in Farah Constructions Pt y Ltd v Say-Dee Pty Ltd, (‘Farah Constructions’) to clarify the Australian position on knowing assistance.Their Honours declared, in obiter, that Australian courts should continue to follow the decision in Consul Development v DPC, thereby continuing to see as necessary the requirement of a dishonest design on the part of the fiduciary, and subscribing to the proposition that where the third party’s knowledge falls within the first four categories of the Baden scale it will answer the requirement of knowledge under the second limb of Barnes v Addy.In what has been referred to as a â€Å"profound shift in the rules of judicial engagement† following Farah Constructions, lower courts have regarded themselves as obligated to follow the obiter of the High Court and have thus returned to an orthodox approach. However, the law in Australia is far from settled on this point and a case is yet to come before the High Court with the facts necessary to allow for a rec onsideration of the principles enunciated by the Privy Council in Royal Brunei. The development of the second limb of Barnes v Addy in England- ‘dishonest assistance’While in Australia the courts are returning to an orthodox approach towards accessory liability, in England, the courts are grappling with a reformulation of the principles under the second limb of Barnes v Addy following the decision in Royal Brunei. In this case, the Privy Council refocussed the relevant inquiry in cases concerning liability under the second limb of Barnes v Addy away from the third party’s knowledge of the trustee’s dishonesty, to the dishonesty of the accessory themselves.Consequently, the dishonesty (or lack thereof) of the trustee or fiduciary is irrelevant as it is the dishonesty on the part of the accessory that attracts liability. There is nothing new about the application of a dishonesty-based in inquiry into the liability of accessories to a breach of fiduciary duty , with Lord Nicholls suggesting that before the inquiry â€Å"donned its Barnes v Addy strait-jacket† judges hadn’t regarded themselves as confined to inquiries into the levels of knowledge of the accessory.It may even be said that the dishonesty-based inquiry had retained its place in contemporary law prior to Royal Brunei, and that it was merely obscured by the additional and more tedious requirement of determining the level of knowledge of the accessory. For example, in Agip (Africa) Ltd v Jackson Millet J stated: There is no sense in requiring dishonesty on the part of the principal while accepting negligence as sufficient for his assistant.Dishonest furtherance of the dishonest scheme of another is an understandable basis for liability; negligent but honest failure to appreciate that someone else's scheme is dishonest is not. This can be set alongside other cases which suggest that that the requirement of dishonesty on the part of the principle is in fact a compel ling reason not to require dishonesty on the part of the fiduciary, as they are an ‘accessory’ who merely needs to be is linked to the conduct of the principle. Millet J, however, seemingly wishes to see this principle extended, so that dishonesty is required on the part of both parties.The decision in Royal Brunei does not precisely echo this formulation of the dishonestly principle (Lord Nicholls ultimately went on to conclude that that the fiduciary need not be dishonest at all in order for the accessory to be held accountable), but instead clarifies and affirms a general principle in light of other commentary on the point. Consequently, Lord Nicholls in his judgement has set out what is necessary for the inquiry into the accessory’s dishonesty, stating that courts should look to determine whether the person acted â€Å"as an honest person would in the circumstances† in light of their actual knowledge at the time.He further explains that the question sh ould be approached objectively and indicates that the test is not one of the ‘reasonable person’. He seeks to clarify this test of dishonesty with the following examples: If a person knowlingly appropriates another’s property, he will not escape a finding of dishonesty simply because he sees nothing wrong in such behaviour†¦Honest people do not knowingly take other’s property†¦[or] participate in a transaction if he knows it involves a misapplication of trust assets to the detriment of the beneficiaries.Nor does an honest person in such a case deliberately close his eyes and ears, or deliberately not ask questions, lest he learn something he would rather not know, then proceed regardless. This passage, while meant to further explain the test for dishonesty, initially seems difficult to reconcile with later comments, where his Lordship makes explicit reference to the departure from the orthodox inquiry into degrees of knowledge, stating that the w ord â€Å"knowlingly† should be avoided and that the Baden scale was â€Å"best forgotten†.While it seems unproblematic to abandon the Baden scale of knowledge, commentators and courts alike have found difficultly in divorcing the concept of dishonesty from knowledge itself and the most recent authoritative decision on the point Barlow Clowes International Ltd v Eurotrust International Ltd (‘Barlow Clowes’) confirms that an inquiry into dishonesty does to some degree require an inquiry into the knowledge of the third party. Comparison of the English and Australian position One of the objectives of the court in Royal Brunei was to remedy some of the problems with the orthodox approach to accessory liability.Such problems were not only present in English courts, but have also plagued Australian courts and were not resolved in by the High Court’s affirmation of the knowledge-based test in Farah Constructions. Firstly, Lord Nicholls in Royal Brunei soug ht to realign the principles of accessory liability with equitable doctrines and focussed primarily on the conscience of the accessory themselves. In the orthodox approach, as expressed in Consul Developments v DPC, the inquiry is not into the state of mind of the accessory themselves but into the accessory’s knowledge of another’s state of mind.It has been suggested that the inquiry has thus been misplaced, and that although it results in an indirect finding of dishonesty on the part of the accessory, it is much further removed from equitable principles than the Royal Brunei approach. Lord Nicholls also sought to do away with the confusion surrounding the need for judges to distinguish between the different levels of knowledge, in particular constructive knowledge and constructive notice.However, as noted above, Lord Nicholls on several occasions makes reference to the knowledge of the accessory which is the reason that the degree to which the test of dishonesty is di vorced from an inquiry into knowledge has been questioned. However, what must be realised here is that the inquiry into knowledge that is embarked upon as part of the dishonesty based approach is different to that which was required under the knowledge based approach.This redirection for the knowledge inquiry was first considered in Twinsectra Ltd v Yardley where a difficulty arose in determining whether Lord Nicholls had intended for an objective or subjective approach to be taken to dishonesty. In the leading judgement, Lord Hutton tendered the â€Å"combined test† which required that the third party’s conduct be dishonest by the standards of the reasonable person as well as requiring an appreciation by the third party that by those standards his or her conduct was dishonest.This combined test endured much academic criticism and was seen as being inconsistent with the objective test enunciated by Lord Nicholls in Royal Brunei. The Privy Council, and in particular, Lo rd Hoffman (who was in the majority in Twinsectra Ltd v Yardley) had the opportunity in Barlow Clowes to clarify the comments made in Twinsectra Ltd v Yardley. It was stated that the majority in Twinsectra Ltd v Yardley had, in fact, always espoused a test in line with that which was conceptualised in Royal Brunei and it was commentators who had skewed this test into a different form.Despite the contempt that many commentators had for this account, the statement of a complete principle of dishonest assistance was applauded. Incorporated in this principle was the conclusion that the liability of the accessory was not dependant on a requirement for fraud or dishonesty on the part of the fiduciary, but depended solely upon whether the accessory was at fault. This is the converse position of the orthodox approach, whereby a third party can escape liability even where they know they are assisting in a breach of fiduciary duty, provided that the fiduciary was not acting dishonestly.Thomas J in Powell v Thompson held that protecting a person with a guilty conscience in this manner was not in line with equitable principles, and his consequent assertion that the conduct of the principle should be irrelevant was later approved in Brunei. One significant consequence of the divergent approaches in what are currently the UK and Australian positions on this matter would be the substantial difference in outcome in cases where the fiduciary had acted innocently.Provided that all other requirements are satisfied, in the UK the accessory would be held liable however in Australia they would not. Further to this, while some Australian judges have found it difficult to distinguish the traditional approach from that of Royal Brunei, the fact that the orthodox reliance on the Baden scale restricts investigations only to knowledge and not to other attributes or types of conduct, lends weight to the argument that in certain circumstances there would be divergent outcomes of the two ap proaches. Perhaps, it is best to take FarahConstructions as authority on this point, with the High Court in this case imputing that one of the reasons it is directing courts to treat the approaches distinctly is due to the potential for the different formulations of the principle to lead to different results. Conclusion In line with the arguments presented in this paper, it is submitted that the approach to accessory liability espoused in Royal Brunei is preferable to that which was propounded in Consul Development v DPC due what is an ostensible irreconcilability of the latter case with conventional equitable doctrines.This assertion turns on the manner in which the judges in Consul Development v DPC dealt with the requirement for a dishonest and fraudulent design on the part of the fiduciary as per Lord Selbourne LC in Barnes v Addy. Like many other cases at the time, Consul Development v DPC was concerned more with attempts to define what Lord Selbourne had meant by a â€Å"dish onest and fraudulent design† rather than questioning whether it was an appropriate criterion for the imposition of liability on a third party.Consequently, when it came to fulfilling equity's calls as to inquiries into the conscience of the defendant, courts were misguided and came to focus instead on the conscience of the principle. The arguments in favour of the retention of this approach are largely set out in reliance on the requirement that the third party be implicated in the conduct of the fiduciary. However, as suggested in Royal Brunei, assistance in itself should be enough to draw a sufficient connection between the accessory and the fiduciary.It was this realisation which enabled Lord Nicholls in Royal Brunei to reformulate the principle under the second limb of Barnes v Addy so as to redirect inquiries into the minds of defendants to their appropriate place in accordance with equitable principles. Although the adoption of the approach in Brunei may not result in ma jor shift in the law of accessory liability in Australia, it’s contemplation of circumstances in which the third party can be held liable even where the fiduciary is innocent would at the very least resolve the seemingly inequitable approach to this point as it stands in current Australian law. Bibliography Articles/Books/Reports Aitken, L, ‘Unforgiven: Some thoughts on Farah Constructions Pty Ltd v Say-Dee Pty Ltd' (2007) 29 Australian Bar Review 195 Andrews, G, ‘The redundancy of dishonest assistance’ (2003) 8 Conveyancing and Property Law Journal 1 Birks, P, ‘Misdirected funds: Restitution from the Recipient’ (1989) Lloyds Maritime & Commercial LQ 296 Chambers, R, ‘Knowing Receipt: Frozen In Australia' (2007) 2 Journal of Equity 40 Cope, M, ‘A comparative evaluation of developments in equitable relief for breach of fiduciary duty and breach of trust' [2006] QUT Law Journal 7Cope, M, Equitable Obligations: Duties, Defences and Rem edies (2008), Lawbook Co, Pyrmont. Hoffman, L, ‘The Redundancy of Knowing Assistance’ in Birks, P (ed), The Frontiers of Liability, (1994) vol 1, Oxford University Press, New York Dietrich, J & Ridge, P †The receipt of what? ‘: questions concerning third party recipient liability in equity and unjust enrichment' [2007] Melbourne University Law Review 3 Harding, M & Malkin, I, ‘The High Court of Australia’s Obiter Dicta and Decision-Making in Lower Courts’ 34 Sydney Law Review 2 Kirby, M, ‘Equity's Australian Isolationism' (2008) 8 Melbourne University Law Review 2Kiri, N, ‘Recipient and accessory liability- where do we stand now? ’ (2006) 21 Journal of International Banking Law and Regulation 11 Loughlan, P L, ‘Liability for Assistance in a Breach of Fiduciary Duty’ (1989) 9 Oxford Leg Studies 260 Mason, K, ‘President Mason’s Farewell Speech’ (2008) 82 Australian Law Journal 11 Ong, D, à ¢â‚¬ËœThe Knowledge or Role that makes a Person an Accessory under the Barnes v Addy Principle’ (2005) 17 Bond Law Review 6 Radan, P ; Stewart, C, Principles of Australian Equity ; Trusts, (2010), LexisNexis Australia, ChatswoodSullivan, G R, ‘Framing an Acceptable General Offence of Fraud’ (1989) 53 Journal of Criminal Law 92 Thomas, S B, ‘Knowing Receipt and Knowing Assistance: Where do we stand? ’ (1997) 20 UNSW Law Journal 1 Thornton, R, ‘Dishonest Assistance: Guilty Conscience or Guilty Mind? ’ [2002] 61 Cambridge Law Journal 3 ? Case Law Aequitas v AEFC [2001] NSWSC 14 Agip (Africa) Ltd v Jackson [1990] Ch 265 Air Canada v M;L Travel Ltd (1993) 108 DLR (4th) 592 Attorney-General v Corporation of Leicester (1844) 7 Beav 176 ASIC v AS Nominees (1995) 133 ALR 1Baden Delvaux ; Lecuit v Societe Generale pour Favorisier le Developpment du Commerce et de l’Industrie en France SA [1992] 4 All ER 279 Barlow Clowes International Ltd v Eurotrust International Ltd [2006] 1 All ER 333 Barnes v Addy (1874) 9 Ch App 214 Beach Petroleum NL v Johnson (1993) 115 ALR 411 Belmont Finance Corporation Ltd v Williams Furniture Ltd (No 2) [1980] 1 All ER 393 Carl Zeiss Stiftung v Herbert Smith ; Co (No 2) [1969] 2 Ch 276 Consul Development Pty Ltd v DPC Estates Pty Ltd (1975) 132 CLR 373 Corporate Systems Publishing Pty Ltd v Lingard [No 4] [2008] WASC 21 Coshott v Lenin [2007] NSWCA 153Digital Cinema Network Pty Ltd v Hepburn (No 4) [2011] FCA 509 DPC Estates v Grey [1974] 1 NSWLR 433 Eagle Trust plc v SPC Securities Ltd [1992] 4 All ER 489 Eaves v Hickson (1861) 30 Beav 136 Equiticorp Finance Ltd v Bank of New Zealand (1993) 32 NSWLR 50 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Flyer v Flyer (1841) 3 Beav 141 Gertsch v Atsas(1999) 10 BPR 18,431 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd; Walker Corp Pty Ltd vWhite City Tennis Club Ltd (2010) 241 CLR 1 Karak Rubber Co Ltd v Burden [1972 ] 1 All ER 1210 Kation Pty Ltd v Lamru Pty Ltd (in liq) (No 2) [2009] NSWCA 428Lipkin Gorman v Kapnale Ltd [1992] 4 All ER 451 Maher v Millenium Markets Pty Ltd [2004] VSC 174 NCR Australia Pty Ltd v Credit Connection Pty Ltd [2005] NSWSC 111 New Cap Reinsurance Corporation Ltd v General Cologne Re Australia Ltd [2004] NSWSC 781 Ninety Five Pty Ltd in liq v Banque Nationale de Paris [1988] WAR 132 Powell v Thompson [1991] NZLR 597 Royal Brunei Airlines Sdn Bhd v Tan Kok Ming [1995] 2 AC 378 Selangor United Rubber Estates Ltd v Cradock (No 3) [1968] 1 WLR 155 Twinsectra Ltd v Yardley [2002] 2 AC 164 Voss v Davidson & Ors [2002] QSC 316 Yeshiva Properties No 1 Pty Ltd v Marshall (2005) 219 ALR 11