Letters of Intent Essay Example | Topics and Well Written Essays - 2000 words

Letters of Intent - Essay Example Letters of intent basically are a non-binding statement of the future intention of the involved parties and serve as an interim contract that outlines the terms that will govern the relationship of the parties before execution of the legal contract. The legal effect of letters of intent in the construction industry is that the contractor can only be paid on ‘quantum meruit’ basis for the reasonable work done (Furmston, Norisada and Poole 1998). The contractor or the employer can stop the work at anytime without a legal notice thus no party will be able to claim any damages for delays or defective work since no legal contract has been established. Another risk of relying on the letters of intent in the construction industry is that parties may presume that a letter of intent has been replaced with a full contract after the expiry of the date of the letter thus leading to non-entitlement of payments (Furst, Ramsey, Williamson, & Uff 2012). Such documents may contain some b inding provisions such as non-disclosure agreements and covenants that the parties involved should negotiate in good faith. A letter of intent can simply be referred as an expression by one party of an intention to form a legal and binding contract. In the case of Cleveland Bridge and Engineering Co v British Steel Corporation (1984), the court held that a letter of intent is not binding since important elements of contract such a price were lacking, but contractors have a right to be compensated on a reasonable basis for their work (Furmston, Norisada and Poole 1998). Advantages and disadvantages of letters of intent There are certain advantages for the use of letters of intent in UK construction industry. Though not legally binding, the letter may save the employer the costs associated with attorney fee or accounting fees in the formation of the contract (Ashworth 2012). The letter will signify an intention to enter in to a binding contract before any substantial expenses have bee n incurred by either party. The letter is usually straightforward and is useful in the contract negotiation process since it provides the opportunity to include contract clauses such as binding terms and non-disclosure provisions. The letter will increase the confidence of both parties to the deal through establishing the time frames, expenditure and payment terms for the work activities. The letter of intent will allow the contractor the opportunity to include ‘no shop’ clause that means that the employer will not allow other contractors to solicit or negotiate for the same construction work (Knowles 2012). The letter allows both parties to adhere to the future contract terms such as non-completion covenants, special agreements, warranties and price (Lewison 2011). However, letters of intent suffer several disadvantages since they cannot bind the parties. Such letters may lead to double negotiation of the work thus delaying the completion of the construction work. Afte r signing the letter of intent, it might be difficult for the parties to renegotiate the substantive terms and conditions of the deal since such letters are non-binding. The employer is left at a disadvantaged position by the ‘no shop’ clause since he or she cannot negotiate or solicit competing offers from other potential contractors. The employer is also at risk since the contractor may dishonor his promise

How health care has changed Essay Example for Free

How health care has changed Essay With about 10 years of experience, as a secretary, in healthcare industry, I’ve noticed a multitude of changes within the medical field. On many levels, the medical system has changed, from paper charts to computerized patient files, the way prescriptions are handled and distributed, to file and/or medical documentation; even the paging method has found its place in a new technical era. Email, and employee intranet, has made communication between employers and employees, department to department, even employee to employee much easier and effective. The only thing that hasn’t made too much of a noticeable change is the employee time clock, and even that has managed to find itself an upgrade. Nonetheless, a host of inevitable changes, given the social status of technology, and the best service available by healthcare standards and expectations, it’s easy to see where the future of healthcare and technology lie. Given the past 10 years, technology has gained its own credit in the advancement of the medical industry. Robots have become the gateway to a better healthcare. I feel that within the next 10 years, we’ll begin to see a great deal of technical influence. In a field, where there are already advancements in technology, and its uses, it is fair to say that we could gradually become an almost ‘hands free’ industry. Medical advancements, in general, seem to have been primarily in the use of technology, and/or going green. Therefore the next 10 years, may still prove to be a breeze for the development of a relationship between medicine and technology. Even from my position, the change has been constant and obvious. Having been a secretary, since high school, I am currently in pursuit of my associates in medical administrations. My contribution to the industry has always come through my capabilities with a computer, and over the phone. Staying technically savvy, certainly is carrying its perks in weight with me. Within my experience, the secretary is the ‘go to’ person to get something to work proper y, or for better understanding of a technical meltdown, and if not the person to fix it, certainly the person to find the one who can. From nurses, doctors, patients, and parents, the secretary is the most knowledgeable resource, with a friendly face. As secretaries, we practically hold the key within the medical field. Always there to offer a helping hand, we operate behind the scene in some cases, having my own experience of pulling off many last minutes miracles. In medical terms, we’re essentially the central nervous systems of any and many departments operations. Though, now, being on my path to higher learning, in addition to, my contributions are becoming much greater, and giving my future the fuel to go much further. Like many jobs, the growth of change is inevitable, so to make sure this change is effective; insuring that employees are kept up to date with the latest in changes, adjustments, and updates is key. Having worked within the healthcare industry, I’m aware of the time and efforts invested into insuring that their employees are knowledgeable and capable of managing through company changes. I’ve had the opportunity to take a course or two, in order to insure I’m working at my fullest potent; cardiopulmonary resuscitation (CPR) courses, to employee safety/self defense classes, system program changes, and new program usage. With my efforts, and the aid of my employers, my skills will remain polished and productive. Putting forth my best efforts and keeping the thirst for being successful in all my endeavors, along with the assistance provided through my employer; I will always be able and capable to perform all duties expected of me. With the growth of the medical industry, its employees have to be resourceful and reliable. Furthermore, within this growth, my perceptions haven’t changed, more they’ve evolved. The time within my courses have given me the opportunity to research and better understand the work and efforts that go into running a successful medical establishment. Watching the change over the past decade, leaves me no choice, and certainly gives me the advantage at being a highly adaptable candidate within my position. Growing with the industry, as a secretary I’ve learned so much, and watched a lot change for the better. In turn, my perceptions remain optimistic about the direction myself and healthcare or headed in. In a nutshell, any perception of an ever changing industry is certain to change. In any case, healthcare is changing for the better and the sake of providing the best, quickest, most effective ways to treatment and cure. In a sense, this change is creating a glimpse in the future of healthcare along with its and human longevity. With the healthcare industry taking on the demands of a modern day society, technology has a great deal to do with its future. Technology is set to play such a huge role in the development of healthcare. With the demands on the healthcare industry to offer the most effective methods of diagnosis, and treatments, along with healing time, the approach to technical advances are highly beneficial. Androids that perform, and aid in performing surgeries, the development in medical equipment and their advances/upgrades, the renewal of how patient charts are stored are all evolving, along with many more aspects of the medical industry. Leaving such a wide variety of development in just about every department, looking into the next 10 years of medicine vs. technology, the combinations are endless and sure to be exceptional. Though, with any development and need for change, there’s a cost to be paid. Given the state of a slowly stabilizing economy, the future of all the developments depends on the availability of funds, and people in need of care. Though, very beneficial, the cost of accurate medical attention can come at a higher cost, and at a time when finances are scarious and rising, some are unable to afford the best in healthcare. With the benefits of insurance, there is still only so much that can be covered.

The Laurel Falls Jump :: Personal Narrative Swimming Papers

The Laurel Falls Jump The water looked at least a mile away. How could I be up this high? It had only taken me minutes to hike up to this ledge. Maybe my weariness from the hike and swim had confused me, and I had not realized how long it took me to get here, or had the cliff actually gotten taller since the last time I was here? Whatever the reason, I knew this was higher than I wanted to be. How high was I really? Thirty feet, forty, one hundred feet even? What would Elaina think? Laurel Falls are beautiful waterfalls near Hampton, Tennessee about a thirty-minute drive from Johnson City. One of the best characteristics about Laurel Falls is that they are accessible and easy to find. This makes them a great place to take your friends, family, or girlfriend. Driving through Hampton, one can find a couple of different routes to take to the falls entrance. The first route is in close proximity with the town of Hampton. It is about a seven-mile hike one-way and has some treacherous trail to hike. The second route is much shorter. It is only about a mile and a half long and is a very manageable hike. The second route takes longer to get to because you have to drive farther into the mountains to reach the trailhead. Both routes connect with the Appalachian Trail. â€Å"From Johnson City, go northeast to Elizabethton. From Elizabethton, take RT 321 southeast to Hampton. In Hampton, follow signs to ‘Dennis Cove Recreation Area’. T his takes you onto Dennis Cove Rd. Go east on Dennis Cove Rd., winding up the mountain about 4-5 miles until it crosses the Appalachian Trail (AT), where there is a parking area on the left and an information sign. If you get to the Dennis Cove Campground, you have gone too far† (MikenMel). I had been to Laurel Falls many times before, and I thought that I knew a lot about them. Well I was in for a big surprise.

American Literature Essay

Works of art reflect the influences of the period, during which artists have created them. Any form of art exposes the trends prevailing in the period of time when the art was created. Paintings belonging to varied periods differ from each other, as the artists follow a style that is reminiscent of the period they lived in. Two such paintings which reflect the periods in which they were painted are Kindred Spirits by American Asher Durand and The Gross Clinic by American Thomas Eakins. The painting Kindred Spirits, painted in 1849 reflects Romanticism whereas the painting The Gross Clinic reflects Realism. In this paper we will analyze these two paintings and focus on the differences in ideas and attitudes expressed through the paintings. Differences The painting Kindred Spirits reflects the period of Romanticism during which the emphasis was placed on the depiction of feral nature in paintings. In this painting, Asher Durand has captured a rich and vibrant natural landscape. Although the painting depicts Thomas Cole and William Cullen Bryant, the natural landscape is more prominent in the painting. The natural features like Catskill Mountains, the Fawns Leap and the Kaaterskill Falls are incorporated in the landscape. Durand has removed himself from the painting and decided to include Cole whom he wanted to honor through his painting. But the one of the major characteristics of Durand’s landscape paintings is visible in this painting also and that is depiction of harmonious nature. â€Å"Durand’s landscapes almost always move toward harmony, and he located his own vision of landscape solidly within the aesthetic category of the â€Å"beautiful,† as this term was understood in the nineteenth century. † (PecK). The minute details of nature are highlighted by Durand. The depiction of a real landscape points out that Durand wished to bring forth a realist image of the nature rather than an idealized one where an imaginary landscape is depicted in a painting. The aesthetic beauty of nature is revered and admired by Durand. The painting The Gross Clinic presents a view which differs vastly from Romanticism. Being a realist painting, The Gross Clinic depicts a surgical theater where a surgery is being carried. A real event of surgery is depicted on the canvas, in spite of the fact that the scene was horrific. Through this painting, Eakins presents the reality of life in an audacious manner. The realist attitude of Eakins towards life is portrayed through his painting. The conditions in which a surgery was performed during the nineteenth century are presented in the painting. The painting Kindred Spirits provides a beautiful view of nature which is pleasant and soothing whereas the painting The Gross Clinic disturbs the mind of the looker. Eakins was more interested in the events that occurred in real life and he insisted on capturing those events in a realistic way. His painting The Gross Clinic is one such painting that focuses on a real event which is painful and disturbing but necessary to understand the life of that period. The atmosphere in a surgical theater, the naked human body and a distressed woman provide a grim but real picture of life. The display of nudity which prevailed in late Nineteenth Century is included in this painting in form of the naked human body upon which surgery is being performed. The pleasing beauty of nature, which is represented in the painting Kindred Spirits, contrasts with the horrifying depiction of a surgery in The Gross Clinic. Works Cited Peck, Daniel. Unlikely Kindred Spirits: A New Vision of Landscape in the Works of Henry David Thoreau and Asher B. Durand. American Literary History. 17:4(2005) 687-713. http://alh. oxfordjournals. org/cgi/content/ful

The Roles of the Mentor and of the Preceptor in Nursing

The nursing profession has found itself under siege in recent decades, facing an insufficient number of students entering the field to replace those individuals who are leaving it.   For this reason it is incumbent on those individuals already employed as nurses to assist the newly graduated nurses entering the field, easing their transition and assisting with retention. Both mentors and preceptors are practicing nurses who have put themselves into these supportive roles, ensuring that the conditions in the clinical environment create a safe and efficient workplace amenable to appropriate nursing care.   As a result of this great and continued need for the retention of new and newly advanced nurses, both mentors and preceptors are of overwhelming value to the profession.   The roles that these individuals play, however, are quite different, despite their equal value in nursing education. Mentors in Nursing Practice Mentors have long been part of professional development in other fields, dating back to ancient Greece and ancient Rome and, perhaps, beyond.   Morton-Cooper and Palmer (2000), citing Hamilton, state that â€Å"it was fully expected that the youths would learn from and emulate the values of their assigned ‘mentor.’   The term mentor became synonymous with wise, faithful guardian and teacher† (37). Some of the assumptions associated with a mentor and mentee relationship are that the mentee will eventually become self-directed through guidance, rather than other-directed and that the mentee will eventually become more performance oriented through the development of critical thinking skills developed over time in practice, rather than relying on the knowledge obtained in school (Morton-Cooper & Palmer, 2000).   It is up to the mentor to help the mentee develop these skills through a collaborative effort, acting as a guide to assist the mentee with achieving his or her potential. Preceptors in Nursing Practice Like mentors, preceptors are skilled clinicians who possess a broad body of knowledge.   Many nurses who excel at their nursing practice can be preceptors, even if they do not possess the teaching skills to be mentors.   Unlike mentors who work closely with their mentees, preceptors are individuals that model behavior for the learners on the clinical floor.   In addition, preceptors observe the learners and analyze and evaluate the behaviors and activities that they observe.   Preceptors have what might be termed a â€Å"quasi-mentoring† role in terms of students, providing support when the student needs it, rather than the day to day guidance provided by the mentor.   According to Morton-Cooper and Palmer (2000) the lack of understanding of the preceptor’s role allowed it to be confused with that of the mentor (p. 47). Learning Contract A learning contract is a formal tool used in mentoring situations.   This contract makes provisions for resource allocations, establishes the relationship between mentor and mentee, and provides sufficient and useful assessment of the learner’s progress (Morton-Cooper & Palmer, 2000).     In addition, preceptor learning contracts that set the learning objectives held by both the learner and the preceptor are useful documents, particularly in the case of rotating schedules and other difficulties that might prevent the preceptor and learner from being on the floor at the same time. The learning contract can also be used as a learning â€Å"diary,† in which the learner records the emotions connected with the clinical experience (Morton-Cooper & Palmer, 2000).     Because clinical nursing experience is an experiential form of learning, having records of the learning process and the emotions associated with it can provide valuable insight in connection with the environment in which the nurse is learning and working. In addition, this contract can be used to provide a roadmap that might be used to measure the learner’s commitment to the program. Conclusion The preceptor and the mentor are both valuable members of the teaching team, who act in conjunction with the nurse educator’s classroom instruction. The learning contract is also a valuable learning and teaching tool that can be used to direct both the teaching process and the learning process, as well. Reference Morton-Cooper, A., & Palmer, A. (2000).  Ã‚   Mentoring, preceptorship and clinical supervision: A guide to professional roles in clinical practice.   Malden, MA: Blackwell Publishing, Inc.