Liability for defective construction and design Essay

Liability for defective construction and design - Essay Example However, there are certain stipulations that must be met under different legal systems in order to ensure that the dispensation of justice is fair to all involved parties. The legal code in practice in the United Arab Emirates derives a number of different elements from English law but still has subtle differences when it comes to practice. This paper will look into the various kinds of protections offered under English law and UAE law for tortuous liability on grounds of defective construction and design. The discussion in this paper will be focused on the relationship between the developer (or contractor as applicable) and the end consumer who buys the constructed product or services in order to form a comparison of which legal system provides greater protection to the end buyer. Tortious Liability for Defective Construction and Design A number of legal systems provide for tortious liability for acts of omission and commission practiced by the contractor. It is possible to classify building defects using two clear classifications: patent defects and latent defects. While the former deals with defects that are visible to the contractor, consultant and other involved parties, the latter refers to defects that appear years after the building is complete. As far as patent defects are concerned, the involved parties can detect and deal with the defects as they appear unless the project owner is not satisfied. However, it is possible that latent defects remain and only appear after the building is taken into service. For example, it is typical to find leaking plumbing, easily broken floor tiles and the like once a property is taken into custody. The law does provide for remedies in these situations but such remedies are subject to certain stipulations such as time bars. English Law English law dictates that any defects observed after a takeover of constructed property must be evaluated through the Limitation Act of 1980. It is common practice for the parties involv ed i.e. the contractor and the project owner to agree to a period where any discovered defects would be rectified. It is typical to see contractual agreements between parties that stipulate periods of between one year and two years, after the completion of construction, to deal with any discovered defects1. This would apply solely to latent defects as common practice shows that patent defects are removed prior to building handover by the project owner or end consumer. Another set of circumstances would emerge if there are no such clauses available in the construction contract to deal with defects in the post construction completion scenario. In such circumstances, the aggrieved party has the option to go to a court of law in order to deal with any damages incurred due to the contractor’s actions. It must be taken to note that tort actions for such cases under English law are only possible if the tort claim is brought before the case no later than six years after the damage ha s been caused2. Technically the date that the damage is notice or secured is better known as â€Å"the date of action accrued†3. Here it must be taken to note that the involved parties may reduce or increase the period settled by the Limitation Act (1980) for tort claims to occur. It is common court practice not to interfere with the actions of

History of Architecture Essay Example | Topics and Well Written Essays - 1750 words - 1

History of Architecture - Essay Example It will also reveal innovative new building technologies and strategies that can help and restore the viability of a natural cycle (History of architecture, 12). This essay will also touch on the main functions of a shelter and how humans have continuously adapted to differing environments through an amazing diversity of structure. Humans are required to live harmoniously with each other for future growth of the environment. This essay will discuss the nature of dwelling (from the urban scale to the â€Å"home†) in the built environment from the 18th-21st centuries, putting into consideration the scale of the city and the individual or multi-family dwelling. In addition, this essay will describe the design global and the local-built environment from the 18th-21st century and what were happening during the age of reason or enlightenment period, the modern period, and the postmodern period. The traces that are found in caves makes us believe that early humans were living in cave s. The bones they gnawed, even their own bones, and the flints they used were creped around for ever in a cave but get scattered or demolished somewhere else. Caves were winter shelters, and none wished to remain inside on a summer day. This is similar to the response that our ancestors portrayed. The right to travel extensively for the goals of hunting as well as gathering called for the need for at least a short-term shelter. The demand for shelter brought about the beginning of architecture (Pryce, 19). The early human needed a shelter against rain and sun hence they would lean some protective shields, for example, they used leafy branches against the trunk of a tree. Traces of early dwellings that can be counted as reliable were found for as early as 30,000 years ago. The circular or oval ring of stones together with the local materials that was used to act as a tent-like roof was enough evidence that the early humans practiced architecture. An encampment from 25,000 years ago h as been at Dolni Vestonice in Eastern Europe. The evolution of architecture shifted form tents to round houses by around 8000 BC. By 6500 BC, human beings lived in houses with straight walls, which had windows. From the 5th to the 2nd millennium, the construction of Stone Age graves and temples was acquired, and it became common. Multi-family dwelling also known as a multi-dwelling unit or multi-family residential is a categorization of the housing element for the non-commercial populace is contained within one or several building within one complex (McIntyre et al, 15). One common form of a multi-family dwelling is an apartment building. In some cases, multi-family dwelling building is owned individually instead of leasing from a single apartment building owner. There are different types of multi-family dwelling. These include two flat, which is commonly built on a house lot. The second one is a three flat which is similar to two flat, but it contains three flats; they are most com mon. Another type of multi-family dwelling is a four flat apartment (Graff, 17). Duplex or semi-detached - one building, which consist of two houses, townhouse – this is a type of house that is attached to townhouses. There is also the apartment, mixed used building, and apartment community. A one-family dwelling might be referred to as a semi-detached housing. In this case, each unit is separate from another. This makes it easier to sell the

Total Quality Management Essay Example | Topics and Well Written Essays - 3500 words - 1

Total Quality Management - Essay Example Various ways of improvements that can lead to its success and development of the company in a more holistic way has also been discussed in this study. Total Quality Management (TQM) at Toyota Japanese organisations were the first to adopt quality management principles during the early 1950s (Ho, 2011, p. 12). The fundamental concepts behind TQM which include methods like Just-in-Time (JIT) and "jidoka" meaning in-station quality were not originally developed by Toyota. However the production followed by Toyota are widely studied and followed by many organisations operating their businesses worldwide. Kaizen or continuous quality forms the basis of Toyota Production System (TPS). Kaizen is found to be enforced at almost every levels of the company. It helps in increasing the commitment levels of the employees of the organization, thereby helping it to reduce its costs and increase in its performance levels. The total quality management system followed by Toyota is commonly known as To yota Production System (TPS). ... The organisation needs to have a top-down approach towards implementing TQM to have any kind of meaningful effects generating out of it. Hence the TQM strategy needs to be initiated by the top management of the organisation and from there it would percolate down to all the management levels of the organisation. 2) The Scope: The scope of TQM within an organisation is not limited to certain people or departments. To implement TQM in the organisational system it is necessary to involve each and every individual working for the company and it also needs to include all the business processes carried on within the organisation. There must be some pre-defined goals or objectives of the organisation and each of the departments of the company would be working together for the fulfilment of the goals of the organisation as a whole. 3) The Scale: Each and every person working for an organisation are meant to have some responsibilities at the personal levels for the improvement and maintenance of quality of the products or services offered by the company and ensuring the satisfaction of its customers. Along with the external customers associated with a business organisation, the internal customers who are mainly the employees of the organisation are also required to be satisfied with the working environment within the company. Proper communication levels and teamwork must be ensured through concerted efforts by all the internal customers of the organisation. 4) The Philosophy: The philosophy behind the concept of TQM is that it does not aim for detection of any kinds of defects or errors but is aimed at the prevention of occurrence of such defects or errors. Hence in

Transport Security Administration (TSA) Essay Example | Topics and Well Written Essays - 2500 words

Transport Security Administration (TSA) - Essay Example sm, the defense team could not afford to watch the devastating effects of such criminals taking destructive actions on innocent people and the American economy once again. The 2001 attack executed through hijacked aircrafts by the terrorists left over three thousand people dead, and thousands more with serious injuries, besides the destruction of billions of property in the crime event. The chain of events in the various states targeted such as New York, Pennsylvania and Washington DC, led to rethinking of the federal security. Working closely to the DHS, TSA was formed and has been controlling people’s movement into and out of the United States; more so, it has committed itself in strengthening the transport system and securing commerce activities for American’s safety for the last 13 years, and hopefully into the future (TSA, tsa.gov). Though it’s quite inclined on the aviation security, there has been increasing attention on the highways, subways and other ent ry and exit terminals used in transportation. Thesis: The appropriateness of the security measures and their effectiveness in ensuring security are debatable since the TSA began operation. Though the transportation system attacks and crimes have declined, issues of prejudice with respect to appearance, race, culture and other factors by TSA officers enforcing security at entry and exit points in the United States have been raised. This does not go unnoticed and would affect the United States movement to impact on tourism and its foreign relations. Since 2001, the USA federal government has invested heavily in security measures by the TSA, which has enabled oversight of security through its officers on the ground, their activities and supportive equipment, and the machinery they use. It is worth to appreciate the TSA operations for its adaptation to the rising security threats. While terrorists seek alternative ways to execute their operations, TSA has fastened its measures through deployed

PEM in Mexico Essay Example | Topics and Well Written Essays - 500 words

PEM in Mexico - Essay Example It can also affect nutrient conversion to the energy vital for healthy organ function and tissue development. This paper seeks to discuss PEM in Nigeria and how this country manages it. In Nigeria, there is still a high burden of protein-energy management. The severe characteristics of the illness are typically related to high mortality rates even in the health facilities. Several strategies have been set up to aid in reducing the severity and incidence of PEM. The government initiates a randomized distribution of zinc supplements to the prevalent areas (Garman & Royer, 2011). The locals have realized local products like honey help in reducing the severity of PEM. The Nigerian government has set up strategies to ensure sufficient food security in places prone to the disease. These programs are proving to be successful where the randomized distribution helps the vulnerable communities in Nigeria. The non-governmental organizations are also taking a huge part in countering the disease in Nigeria. They distribute high-energy packaged foods like F100 and F75 (Johnston & Stoskopof, 2010). UNICEF has played a major role in distribution to children admitted for severe PEM. Similar arrangements are developed at the several hospital surroundings in Nigeria are named as high-energy mixture (HERMIX), Kwash pap in Nigeria. For improvement, storage and preservation of the high energy food is an important step by both the government and locals. The government should find out different other ways to ensure food security all year-round. Presently, vitamin A is augmented through the repetitive vaccination and National Immunization Days (NID). The government can mandate companies manufacturing countless domestic food items such vegetable oils, sugar and salt to strengthen them with these vitamins and trace elements. Families with low socioeconomic status are the most vulnerable to

Regulation of Muscle Hypertrophy Essay Example for Free

Regulation of Muscle Hypertrophy Essay Our skeletal muscles make up 40-50% of our total mass and are essential for all humans to move, breath, and stand up straight. For the first 20 years of our lives and for those physically active after our muscles are continually growing. Satellite cells are responsible for this growth in our skeletal muscle and are referred to as muscle stem cells. When skeletal muscle cells are traumatized due to physical trauma or disease the regeneration process includes three general processes, destruction, regeneration and remodeling. What regulates these three processes? How are they signaled to initiate the cell cycle and what nutrients and systems do they require to carry out the processes of regeneration and growth†? Muscle regeneration is a daily occurrence for almost animals. The complex systems involved in regenerating the organ system that makes up over 40% of our bodies need to communicate properly, understanding how this is done can open doors for recreational and medical opportunities. Main Point: Understanding the regulation of muscle hypertrophy requires an understanding of satellite cells (SC), the environment they reside in (niche) and the growth factors that stimulate and inhibit their activation. Sub Point: Satellite Cells lie in a specific niche that allows them to remain inactive until needed, residing between the sarcolemma and basal membrane of muscle cells (myofibrils). One side of the cell is attached to the basal membrane by two factors. First, the satellite cell has a layer of integrin alpha7beta1 which lies on the side where growth factors and inhibitors from the vasculature, autocrine and motor neuron systems can be received to signal an active or inactive state. Anchoring the satellite cell and its layer of integrin to the basal membrane are laminin, creating a selectively permeable membrane. On the opposite side where the satellite cell resides in a small recess on the myofibril, the satellite cell is attached to the sarcolemma by M-cadherine. On the myofibril side the satellite cell receives signals from the immune system and the myocyte nucleus. The location of SCs allows signals to be sent from multiple systems, such as Hepatocyte growth factor (HGF), which is secreted from the Extracellular Matrix (ECM). (Kralaki, Fili, Philippou Koutserilieris. 2009). Satellite cell structure is somewhat unique because for the most part of their existence in a healthy body they are quiescent or inactive. Because of their mostly dormant stages they have few organelles and an abundance of cytoplasm (Kralaki, Fili, Philippou Koutserilieris. 2009). Also noted is the higher concentration of satellite cells near neuromuscular junctions (NMJ) as well as a higher concentration near slow twitch muscle fibers compared to fast twitch fibers. The reason for these concentrations is currently unknown. Lastly, muscle cell concentration dramatically decreases after birth and decreases further through age. In mice it was shown that after birth satellite cells accounted for 30% of sublaminar muscle nuclei and at the age of 2 months that number has shrunk to less than 5%, showing that satellite cells play in important role in early generation of muscles and limbs (Kuang, Gillespie Rudnicki, 2012). Sub Point: Satellite Cells are activated by growth factors (MGFs) when muscles are damaged. There are many systems known and suspected of influencing SC activation and deactivation. Some include the vascular system, the immune system, the neuromuscular system, the autocrine system, and finally the myocyte nucleus. Most of the activation is influenced by the immune system after a muscle cell has been damaged. Once traumatized, Necrophils and Macrophages of the immune system migrate to the site of damage and phagocyte the damaged muscle cell material while releasing growth factors to activate quiescent SCs. At the same time the growth factors stored in the extra cellular matrix, vascular systems, and myocyte nuclei are also released after muscle injury. Examples of the growth factors released by all of these systems are HGF, IGF-1, and IGF-2. These factors bind to satellite cells and initiate SC migration to the damaged cite and start the mitotic cell cycle. Research regarding migration of satellite cells to damaged sites is in its early stages of understanding, what seems to be agreed upon is that factors released from the ECM, immune system, and muscle cells affect the migration of SCs to damaged sites. One factor, TGF-beta, which is released by the immune system is thought to directly attract satellite cells to damaged areas as experiments with a TGF-beta antibody extract reduced SC migration (Griffin, 2009). Activated SCs express MyoD and Myf5 (Broek, Gregte Hoff, 2010). The up regulation of these two factors is evident in every initially activated SC. There are more than 20 different chemo reactants being studied that are known to somehow affect SC migration (Griffin, 2009). Sub Point: SCs proliferate and rebuild at the site of damaged myofibrils. a. SC enter the cell cycle when activated, creating both unspecified stem cells and myofiber specific cells which fuse with existing cells to bridge and fill the damaged area. (Ciciliot Schiaffino, 2010) b. M-cadherin attaches SCs to a myofiber, which is crucial for cell-to-cell fusion and proliferation c. 8 key growth factors are known to stimulate and inhibit the processes of muscle cell regeneration. (Broek, Gregte Hoff, 2010) Conclusion: Current research has yielded information about the regulatory proteins and hormones that trigger satellite cells and immune responses to either inhibit or activate muscle hypertrophy. The knowledge associated with what turns on and off specific systems of muscle cell activity advances medical solutions to muscle atrophy and recreational solutions to body building and general muscle health. Future research could yield treatments that alleviate various diseases associated with muscle failure and degeneration as well as advancements in sports medicine and injury rehabilitation.

The Prologue To The Gospel Of John Religion Essay

The Prologue To The Gospel Of John Religion Essay The Gospel of John was writing by one of Jesus disciples by the name of John (thus the title of the book). It was written around A.D. 80-95 and the theme of the book is Jesus as the Son of God. We notice in the other Gospels, known as the Synoptics because of the close similarities in each account, that Jesus is portrayed in many different ways. In Matthew he is seen as the King of the Jews and was very much directed to a Jewish audience. In Mark he is seen as the Suffering Servant, which meant a lot to the Romans, to whom this text was directed to. In Luke he is the Perfect Man, an great achievement in the eyes of the Greeks and other Gentiles. Although all these facts are true and can be seen in all the Gospels, John, whose account was written long after the others, was drawn to write an account directed to all believers. John goes into the divinity of Christ and we see this from the very first chapter. In this book, Jesus is the Logos and he is the I AM. In this essay I will only look at the first chapter of John, in particular verses 1 through to 18 and we will first and foremost discuss Christ as the Logos, afterwhich we will look at the three main characteristics of the Logos in terms of his relation to the Father, his relation to the World and his relation to humanity. We will then conclude. The first thing we notice when we start reading the Gospel of John is its close similarity to Genesis chapter one verse one and that he introduces his book very differently to the other disciples turned apostles. All the writers begin with a different look to the story of Jesus. Matthew begins with the geneology of Jesus from Josephs line, Luke also uses a geneology starting point, but from Marys line, Mark goes straight into Jesus baptism. But John decided to start from the beginning. Note however that this is not the same beginning as mentioned in the Book of Genesis. Although Genesis starts with the beginning of creation, John goes beyond that. A.M. Hunter says no book ever opened more magnificently. [] John goes back to the very beginning of history, even beyond it, as to say There is only one true perspective in which to see this story you must see it in the light of eternity.  [1]  . Therefore, although the Gospel begins in the same way as Genesis, they speak of two differ ent creations. Genesis speaks of the old creation, whereas John speaks of the beginning of a new creation. For John to say in the beginning was the Word already starts proving Jesus immortality. One might think that he was then a part of Creation. John goes on to say and the Word was with God and the Word was God which not only proves his immortality but goes beyond that to prove his divinity. To go on to say that He was in the beginning with God seems to be a repetition of verse 1, but John actually reinforces what he is saying to show us that Jesus was not a part of creation, but he was a part of the creation process. He was actually the Word that spoke creation into existence. This is shown in two ways: Jesus is firstly referred to as the Word or in Greek, the Logos. What does this mean? A word can be defined as a means of communication, the expression of what is in ones mind  [2]  . Therefore the verse can be translated in the beginning God expressed himself. However, some s till find the translation of logos to word inadequate. One author explains that: To a Jew therefore the Word meant God showing himself in power, wisdom and love. On the other hand, to a Greek, especially if he had read the Stoic philosophers, the Logos meant the Rational Principle permeatting all reality.  [3]   Even so, in using the term Logos to describe Christ, John presents him as the very Word of God that God himself speaks. Jesus is then referred to as the person through whom all things were made. Jesus is therefore, as we have said before, the very word that brought creation into existence. God continue to speak to us through his Son, who is the Word as explained in Hebrews 1:1-3. The concept of the Logos is very deep however, which has brought much debate. In this passage, we see the main characteristics of Jesus operating as the Word. We see his relation to the Father first of all. One commentary says He was the person existing from eternity, distinct from but in eternal fellowship with the Father  [4]  . Next we go on to see Christs relation to the World in that through him the world was created. And then finally when we go on to read further down in verse 14, we see his relation to humanity. He became flesh and dwelt among us. For the rest of this essay, we will look into thes e three characteristics. Looking at the first few verses, in particular verses 1-5, we see the Words relation to God the Father. This is seen in the fact that the Word has always been in pre-existence with the Father. He was not only in pre-existence with God, but he is God himself. This is also seen in the fact that he possesses attributes of God such as being the Light. God is seen has the light in Old Testament scriptures such as Psalm 4:6 or Isaiah 2:5. Jesus is the Light of the World (Matt. 5:14). In his relation to the Father, Christ can therefore be seen as divine. Their relationship is so strong that through him all things were made; without him nothing was made that has been made (v.3). We therefore learn that God created through his agent the Word and there is nothing at all that was or could have been created without him. To deny his existence therefore is to deny that of God. John therefore affirms the pre-existence, the personality and the divinity of Christ in presenting him as the Word. The Word is not only seen as the light, but he is also Life itself. Hunter explains that the Divine Word was the source of life as well as the agent of creation  [5]  . He goes on to say that the word life can be referred to as a quickening power  [6]  and calls the light moral and spiritual illumination  [7]  . This brings us to the Words relation to the World, his very own creation. It was through Christ that God the Father created and now sustains, as seen in scriptures such as Colossians 1:16 and Hebrews 1:2. In verses 6-7, the author starts by introducing the one who had been called to prepare the way, or to be the witness for the Light that was to come into the world. The author is sure to emphasize that he is the not the light but has only come to testify about the light. As we look into verses 9-10, we see how they tell of the Incarnation of Christ and what happened: the Light was coming into the world. In verse 11, we notice that the world he came to did not reco gnize him. The word own here appears twice in this verse and could mean the following: the first own could refer to the world in general and the second to his own people in terms of the Israelite who did not receive him. However, when Jesus came to the earth, he came to the people of Israel, who were Gods chosen people. Jesus would only be taking to the World through the apostles work and throughout Church History. This is obviously debatable, but I believe Jesus came unto his own as in his own creation, but his own (as in the people) did not respond or accept. Bruce, who uses the English Standard Version in his commentary, backs this statement by explaining the Greek term for the word own: His own place translated the neuter plural ta idia; his own people translates the masculine plural hoi idioi. [à ¢Ã¢â€š ¬Ã‚ ¦] This is not a mere repetition of verse 10; it particularizes what was said more generally there. The Word of God, which came to the world of mankind in general, came in form of special revelation to the people of Israel [à ¢Ã¢â€š ¬Ã‚ ¦].  [8]   Therefore we see how he relates to the world in that he came into the world and was amongst the people of world, performing miracles, signs and wonders, showing his love, and yet the relationship between Creator and creation is so ruptured to the point where the Creator is put to death on a cross by his very own creation. However, there is hope for the ones who do want to choose to believe in him and he gave these ones the power to be reconciled with him and reborn spiritual. Let us now look at the word in relation to humanity on a whole. In becoming flesh (v.14) he became just like the creation. In Jesus, God became a human being, having the same nature as humanity, but without sin  [9]  . Through the gateway of human birth, the Incarnation is further explained in verse 14a. The rest of this verse indicates his dwelling among us. This dwelling is translated as Christ making his tabernacle among us. One author explained how the term tabernacle could suggest a temporary stay, as the tabernacle in the Old Testament was a tent that was pitched up to worship God. In this tent, the people would go to worship and experience the power of God. This same author comments that the Greek verb eskenosen means literally pitched his tent [à ¢Ã¢â€š ¬Ã‚ ¦]; the consonants s-k-n would remind the knowledgeable reader of the Hebrew Shekinah, the word the rabbis used for the Divine Presence among his people Israel  [10]  . This would explain the following the final p art of verse 14, when the author explains that we have seen his glory. The we here most likely refer to the Disciples who were with him, but denotes the idea of the Shekinah Glory concept mentioned earlier. The rest of the verses seem to carry on from where he left off, in the sense that verses 10-14 seems like a parenthesis between verses 9 and 15, since in verse 15 he goes on to speak about John the Baptist. The author ends this prologue well in saying: No one has ever seen God, but God the One and Only, who is at the Fathers side, has made him known (v.18). Here again, the author proves the deity of Jesus Christ by interchangeably referring to him as God and as the Sent One, showing signs of the Trinity concept, which we are not able to discuss in this essay. In this essay, we look at the divinity of Jesus Christ. He saw that He is God, he is Creator, He is omnipresent and that he is Light and Life. We then looked at his relation to his Father, to the world and to humanity in general. He was in every sense God but in order to save us he made himself human in every sense. The story of Jesus is now about to be unfolded in the rest of this book, keeping in mind who he really is.