The Original Bill of Rights Had 12 Amendments, Not 10

How many amendments are in the Bill of Rights? If you answered 10, you are correct. But if you visit the Rotunda for the Charters of Freedom at the National Archives Museum in Washington, D.C., you will see that the original copy of the Bill of Rights sent to states for ratification had 12 amendments. Fast Facts: The Bill of Rights The  Bill of Rights is the first 10 amendments to the United States Constitution.The Bill of Rights establishes specific restrictions and prohibitions on the powers of the  federal government.The Bill of Rights was created in response to demands from several states for greater constitutional protection for individual liberties already considered  natural rights, such as the rights to speak and worship freely.The Bill of Rights, originally in the form of 12 amendments, was submitted to the legislatures of the states for their consideration on September 28, 1789, and was ratified by the required three-fourths (then 11) states in the form of 10 amendments on December 15, 1791. What is the Bill of Rights? The Bill of Rights is the popular name for a joint resolution passed by the first U.S. Congress on September 25, 1789. The resolution proposed the first set of amendments to the Constitution. Then as now, the process of amending the Constitution required the resolution to be ratified or approved by at least three-fourths of the states. Unlike the 10 amendments we know and cherish today as the Bill of Rights, the resolution sent to the states for ratification in 1789 proposed 12 amendments. When the votes of the 11 states were finally counted on December 15, 1791, only the last 10 of the 12 amendments had been ratified. Thus, the original third amendment, establishing freedom of speech, press, assembly, petition, and the right to a fair and speedy trial became todays First Amendment. Imagine 6,000 Members of Congress Rather than establishing rights and freedoms, the first amendment as voted on by the states in the original Bill of Rights proposed a ratio by which to determine the number of people to be represented by each member of the House of Representatives. The original first amendment (not ratified) read: After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons. Had the amendment been ratified, the number of members of the House of Representatives could by now be over 6,000, compared to the present 435. As apportioned by the latest  Census, each member of the House currently represents about 650,000 people. The Original 2nd Amendment: Money The original second amendment as voted on, but rejected by the states in 1789, addressed congressional pay, rather than the right of the people to possess firearms. The original second amendment (not ratified) read: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. Though not ratified at the time, the original second amendment finally made its way into the Constitution in 1992, ratified as the 27th Amendment, a full 203 years after it was first proposed. The Third Became the First As a result of the failure of the states to ratify the original first and second amendments in 1791, the original third amendment became a part of the Constitution as the First Amendment we cherish today. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Background Delegates to the Constitutional Convention in 1787 considered but defeated a proposal to include a bill of rights in the initial version of the Constitution. This resulted in a  heated debate during the ratification process. The Federalists, who supported the Constitution as written, felt a bill of rights was not needed because the Constitution intentionally limited the powers of the federal government to interfere with the rights of the states, most of which had already adopted bills of rights. The Anti-Federalists, who opposed the Constitution, argued in favor of the Bill of Rights, believing that the central government could not exist or function without a clearly established list of rights guaranteed to the people. Some of the states hesitated to ratify the Constitution without a bill of rights. During the ratification process, the people and the state legislatures called for the first Congress serving under the new Constitution in 1789 to consider and put forward a bill of rights. According to the National Archives, the then 11 states began the process of ratifying the Bill of Rights by holding a referendum, asking its voters to approve or reject each of the 12 proposed amendments. Ratification of any amendment by at least three-quarters of the states meant acceptance of that amendment. Six weeks after receiving the Bill of Rights resolution, North Carolina ratified the Constitution. (North Carolina had resisted ratifying the Constitution because it did not guarantee individual rights.) During this process, Vermont became the first state to join the Union after the Constitution was ratified, and Rhode Island (the lone holdout) also joined. Each state tallied its votes and forwarded the results to Congress. Sources and Further Reference â€Å"The Charters of Freedom: The Bill of Rights.† Washington, DC. National Archives and Records Administration.â€Å"James Madison’s Proposed Amendments to the Constitution, June 8, 1789.† Washington, DC. National Archives and Records Administration.Lloyd, Gordon. â€Å"Introduction to the Constitutional Convention.† Teaching American History.

Industrialization The Demographic Transition Model

Industrialization is the large-scale introduction of manufacturing, advanced technical enterprises, and other productive economic activity into an area, society, country, etc (Industrialization). A visual representation that demonstrates industrialization and its stages is the Demographic Transition Model. The Demographic Transition Model refers to the change of a country s birth rate and population growth due to the effects of industrialization. This model displays the transition of countries from high birth and death rates to low birth and death rates, and as well as a higher population as a result of an industrialized economy. In other words, it is suggested that industrialization benefits a country, in terms of population (Grover, Drew). There is, however, a downside to industrialization, in which such economies and their activities leads to industrial pollution. Industrial pollution is one of the leading causes of pollution worldwide, for example, in China, pollution has become to be a serious problem as a result of their rapid industrialization. In the United States, the Environmental Protective Agency estimates that up to 50% of the nation s pollution is caused by industry (What Is Industrial Pollution?) and it is because of this that it has come to the attention of many nations the need to find alternatives to decrease the amount of industrial pollution. As nations become more aware, policies and restrictions have been enacted to help the environment, butShow MoreRelatedThe Decline Of Fertility Rates1364 Words   |  6 Pagesto be seen in industrializing nations (Thompson, 1930). Joined by Notestein in 1953, this classical theory of demographic transition postulates that changes in social life from industrialization and urbanization would cause first a decline in mortality followed by a decline in fertility (Notestein, 1953; Mason, 1997). Since the early 20th century, the world has undergone major demographic changes. In the first decade of the 21st ce ntury for the first time, the old outnumbered the young, and the medianRead MoreSocial And Behavioral Determinants Of Health948 Words   |  4 Pagesincrease. Epidemiological transition also known as demographic transition, is a model that is used to explain how population growth rates increase and decrease with respect to time and different factors that account into it such as infectious disease, chronic disease and industrialization. â€Å"Conceptually, the theory of epidemiologic transition focuses on the complex change in patterns of health and disease and on the interactions between these patterns and their demographic, economic and sociologicRead MoreBritish Industrialization Essay836 Words   |  4 PagesBritish industrialization was concentrated in those areas which had experienced prior proto-industrialisation. Therefore proto-industry was necessary for factory industry---discuss. British industrialization was concentrated in those areas which had experienced prior proto-industrialisation. Therefore proto-industry was necessary for factory industry---discuss. One model, proposed by Mendels, was that proto-industry was responsible for the rapid expansion in population, in what he called Read MoreTheory of Demographic Transition Essay1200 Words   |  5 PagesThe Theory of Demographic Transition Demography is the study of the components of population variation and change. Death rate and birth rate are two determinants of population change. Theory of Demographic Transition is comparatively recent theory that has been accepted by several scholars throughout the world. This theory embraces the observation that all countries in the world go through different stages in the growth of population. A nations economy and level of development is directly relatedRead MorePopulation Problems And The Demographic Transition Model2178 Words   |  9 PagesProblems/Sociology 370 First Mid-Term 19.5/20 Question #2: What is the demographic transition? What are the characteristics of populations before and after it? What are the major determinants of the transition, and what are its major consequences? What do you think will be the next stage of developed nations’ demographic development, and why? 5 points The demographic transition is, in essence, the period in which a society transitions from having a high rate of birth and a high rate of death to havingRead MoreIndustrialisation And How The Industrial Revolution Helped Spain s Route Modernization2538 Words   |  11 Pagesis meant by the word ‘modernization’ and how can one define a ‘developing nation’? The word modernization can have different meanings depending on what context it is said in. 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In each case, mortality begins to decline rapidly as the effect s of industrialization take hold, accompanied by a sharp increase in the birth rate, which remains high for a relatively long period of time. For example, in Northwestern Europe, the first region to undergo this transition, the birth rate did not begin to fall significantlyRead MoreEconomic Theories of population growth7492 Words   |  30 Pages2 Economic Theories of Population Growth In this section the demographic transition process observed in the previous section will be examined in terms of economic theories. 3.2.1 The Malthus model Thomas Robert Malthus Â…1766 ±1834† is known as a pioneer in the economic theory of population. His Principle of Population Â…[1798] 1926† was a re ¯ection of England s premiere entrance into the process of modern demographic transition. His population theory may be summarized as follows: as with

4 Great Reasons to Know Greek and Latin Roots

American National Election Studies Race, Political Party...

Introduction This study was done with a subsection of data from American National Election Studies (ANES), which included adults that were sampled across the nation. Their responses to the questions were randomly chosen. Multiple analyses were ran on the categorical demographics given: race, political party and gender. We are running all of these tests below to find out if symbolic racism and fondness of Obama are related. There were 191 females and 159 males, for a total of 350 participants. Subjects were represented by 40.9% Democratic party, 20.6 Republican Party and 31.1% Independent party. The participants were broken down into four ethnic groups: 28.0% African American, 56.9% White, 2.0% multiple races, and 12.9% other. Subjects answered questions related to their preference on Obama on a scale from 0-10, 0 being strongly dislike and 10 being strongly like (M = 5.47, SD = 2.78) and questions pertaining to symbolic racism on a scale from 1-5, 1 being strongly agree and 5 being s trongly disagree (M = 3.31, SD = .98), these two variables are considered continuous. The questionnaire was reliable at a Cronach’s Alpha level of .72. Which indicates that is has relatively high internal consistency, which is a measure of how well the items on the test measure the same construct or idea. Considering we have high internal consistency it is safer to assume we can trust that our overall test is measuring the concept of interest. Methods and Results Analysis of VarianceShow MoreRelatedPolitical Science Is An Article Written By Hans Noel908 Words   |  4 PagesPolitical science is known to be one of the most ignored sciences there are. 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Strategic Analysis (PESTEL, Porter and SWOT) of BMW Free Essays

string(77) " growth with low bargaining power of buyers and less threat of new entrants\." Introduction When there prevails high level if dubiety due to intricacy or brisk changes, it becomes difficult to predict the external environmental that might affective the firm’s strategies. Thus scenario analysis is done to evaluate the likely views to predict the organizations future business environment (Heijiden, 2006). In order to reach this conclusion PESTEL analysis is done to identity the key drivers of change that can be used to predict the scenarios for the future. We will write a custom essay sample on Strategic Analysis (PESTEL, Porter and SWOT) of BMW or any similar topic only for you Order Now PESTEL stands for political, economical, social, technological, environmental and legal and forms of analysis of the macro-environment of the organization (Thomas, 2007). Political factors Political factors highlight the probable government laws and regulations, security measures and restrictions that can apply to the industry as a whole. The probable factors that affect the automobile industry are: Laws and regulations had affected the automobile industry since its outburst. These laws generally revolved around the environmental norms that were to be fulfilled by any car industry. Thus the car manufacturers had to take care of the environmental issues during manufacturing of cars. Taxes and government foreign policies are critical for the automobile industry. The foreign policies help to us decide the probability of success in the global market. Introduction of new schemes in the US and Europe automobile industry wherein regulations led to produce high mileage cars along with increase in automobile sales and production (Hill, 2008). Economical factors Economical factors related to the exchange rates, economic growth globally and the business setting prevailing in the industry. Economic factors for the industry are: a) There was excess capacity of cars produced thus giving rise to high amount of revenue in marketing and new product designs. Thus there was lot of revenue withheld even though demand was less than supply. For example the UK auto market had excess 80% capacity in 2003 which freeze 1.3 billion euro of the automobile industry (autofacts, 2004). b) Total increase in the GDP globally from 2.0% to 3.1% in the year 2008 (statistics, 2008). c)Decrease in the exchange rate if euro has hampered the European car makers in a big way (Allen, 2006). d) Economic downturn in the US market (Copper, 2008) e) Surplus capital and buying power in the developing economies like India and China and their personal emergence in the global market place. Social factors Social factors include the changes in cultures and demo graphics globally apart from change in buying pattern and capacity of the consumer. Social factors having an impact on the auto industry are: Changes in the customer predilection from car being a status symbol to fuel efficiency and low emission cars. Changes in buying pattern of the consumers due to recession in mature markets. Environmental issues and awareness of the harmful emissions through automobiles Technological factors Increase in use of technology to gain a clear competitive ad vantage Use of new and sophisticated design to overcome the decreased margins in the industry. Modifications or restriction on technology causing environmental pollution Environmental factors Increasing effect if awareness of global warning, greenhouse effect and burnout among patrons (organization, 2008) Shift in consumer’s tastes and preferences towards use of more eco-friendly cars, hybrid cars, fuel cell cars etc. Stern application of the EURO norms set up to curb pollution in developing countries. Legal factors Restrictions and strict pollution norms set up in European and US markets Strict implications of the EURO norms in developing countries e,g, formation of BHARAT norms on the lines of EURO norms in India(CEN, 2006) PORTER’S FIVE FORCES ANALYSIS Threats of new entrants: Threat of new entrant is dependent on the challenges faces during entry into the industry or entry barriers. The threat of new entrants in case of automobile industry is less as large capital cost is required to set up a manufacturing plant and assembly liner. Also it takes time for new entrants to get a place and the reputation in the minds of the consumers. Threats of substitutes: BMW has a brand image of being powerful and luxurious. It is positioned in the exclusive car range where there exist many substitutes for BMW like mercedes, GM and Toyoto. Thus the threat of substitutes for BMW is high. Bargaining power of buyers: BMW and its competitors are positioned as in exclusive product range. Here the bargaining power of buyers is high because the consumers can decide the product according to the price range and buy the products accordingly. Also with environmental issues hovering over the industry the buyers have the last say with sample substitutes available. Bargaining power of suppliers: BMW has good supply chain management system and had long relationship with suppliers. The bargaining power of suppliers is high in this industry as the suppliers can dedicate the price tag for the raw materials. Though long time associations with suppliers can prove fruitful, the final word lies more or less with the suppliers. Competitive rivalry Industry has cut thoat comptetion for its products, with its products targeting the segment and postioned in a similar way. Competitive rivalry was high in the industry with the dominant US and European markets facing stiff competition from the Asian market. KEY DRIVERS OF CHANGE From the PESTEL analysis and the five forces analysis, the key drivers of change are: Huge deployment of infrastructure and manpower concentrated on automobile industry after the dusk of the second world war Consumer preferences for product excellence and cost of ownership Use of design as a chief asset Technological advancements Environmental issues Increase in the implication an brand management rather than product excellence PRODUCT LIFE CYCLE The implications of the five forces analysis varies with the industry life cycle. The elements that underline the industry life cycle are development stage, growth stage, shake-out stage, maturity stage and decline stage. During start up the company is the development stage with high differentiation and innovation as its assets followed by growth stage where the firm experiences high growth with low bargaining power of buyers and less threat of new entrants. You read "Strategic Analysis (PESTEL, Porter and SWOT) of BMW" in category "Essay examples" In the shakeout stage the growth is slower and the key assets for the firm are its managerial and financial activities. In the maturity stage the growth is almost stagnant with high entry barriers, high competition but less unit costs and higher market share. Finally in the decline stage the firm is likely to face extreme rivalry with the rational and emotional approach key for the firm. BMW was in the maturity stage of the industry life cycle. The growth of BMW was stagnant but its products like the 1, 3, 5, 7 series having huge market share and brand identity in mature as well as developing markets. There were high entry barriers in comparison with BMW. But BMW had considerable market share and reputation for being an engineering excellence, an asset of BMW in the maturity stage. CYCLE OF COMPETITION Cycle of competition underlines the various drifts between competitors with time. BMW, the German carmaker had a consistent increase in its annual sales and had the technology at its behest to counter its competitors in the market. BMW’s competitive advantage lies in its integral processes and its designs. The use of scientific technology that BMW restores to, can be implemented to gaining higher economies of scale. In terms of competition BMW has Lexus, Mercedes, Toyoto, GM, Volvo group etc. as its rivals in the automobile industry. BMW has its product range from a MINI to a Rolls Royce. Thus its product range varies from a luxury segment to a premium segment in the auto industry. In the cycle of competition any core competencies or competitive advantage is temporary and in this scenario the closest competitor or BMW is the Toyota group. Toyota group has technology, production capacity; profit margins and product range that can give BMW run for their money. It is also a proved product in immature market territory. Thus BMW can strive in the cycle of competition through its core competencies and competitive advantage. STRATEGIC DRIFT Drift is trying to go towards a direction however fail to do that. This could be good or bad. Strategic drift is when a company fails to work in line with environmental changes however incremental development is evidenced but there is a strong influence of the cultural and historical factors. BMW and its emphasis on brand development incrementally with the changes in the environment when it outsmarted competition. However the path way dependency paved way for the acquisition of Rover an English brand. This could be due to the companies need for huge production and the consideration happened during that time. This would be the strategic drift. The company beaded with the English brand when it was in the flux phase of the strategic drift. But when the new CEO was appointed BMW went for transformation and Rover was sold to Ford. After this BMW started to working in tandem with the changes in the environment and developed incrementally. RESOURCES Every organization or a firm need and possess certain resources and competences required to endure and thrive globally. In other words every firm has its own strategic capability to survive against all odds (Gerry Jonhson, Kewan Scholes, Richard Whittington, 2008). The resources consist of- Tangible resources underlining the physical chattels like plant, people and finance of the organization Intangible resources underlining non-physical chattels like information, reputation and knowledge (Gerry Johnson, Kevin Scholes, Richard Whittington, 2008) Resources based analysis of BMW: SOURCES OF COST EFFICIENCY Supply cost Supply cost play in important role and can influence the firm in the bigger way. Supply costs revolves around the raw material supply, production units efficiency etc. supply costs can prove to be an important asset where input cost prove to be critically important for success (Gerry Johnson, Kevin Scholes, Richard Whittington, 2008). BMW managed its supply costs by setting up manufacturing units at various locations round the globe namely Germany, USA, South Africa, UK and China wherein they employed 104000 workers (Gerry Johnson, Kevin Scholes, Richard Whittington, 2008). This ensured that the supply costs are reduced with assembly units operating more flexibly and reducing the transportation costs of raw materials. Economic scale Economies of scale play a big part in manufacturing organizations or firms since the need is to recover the high capital costs through high volume of output. BMW achieves economies of scale by increasing its production capacity. BMW had the capability to swing its operations for 60 hours a week during limp demand and whooping 140 hours a week when the demand is at its peak. BMW also had produced an impressive 1.1 million cars in fiscal year 2003 (Gerry Johnson, Kevin Scholes, Richard Whittington, 2008), thus demoing economies to scale to gel with its manufacturing units worldwide. Product/process design Product/process design is also a key costs driver. Product design meliorations can help in labour productivity, better yield and maximum utilization of working capital. Product design can also be used to gain competitive advantage over its rivals with simple use of marketing intelligence. BMW was considered to be the best when it came to product/process design and was tipped as an engineering excellence. It was highly dependable, influential and lavish. BMW also restored new and modern technology for its products thus marketing maximum utilization of the working capital available. Experience Experience must prove to the key asset of control costs and attaining cost efficiency. Through experience the firm should generate competitive advantage through the collective understanding attained by the firm and its unit costs. The experience curve for BMW is as shown: The unit costs of BMW are supposed to decline due to the gain of cumulative experience (Gerry Johnson, Kevin Scholes, Richard Whittington, 2008). BMW has been in the automobile sector since the dusk of the Second World War. With the number if units produced increasing per year with the setup of new assembly units, there needs to happen continental reduction of costs in the competitive market situation. This may not provide the necessary competitive advantage, but is proves to be a threshold capability for survival. Value of network It is difficult for a single organization to manage all the value based activities right from the design of the product to delivering the final product or service to customer. This process is generally carried out with the help of a value network. A value network can be termed as a combination of inter-organizational process that proves beneficial to create a product or a service (Timmers, 2008). The value of network of is as shown. BMW has various assembly locations as well as manufacturing units with each assembly unit having its own supplier of raw materials needed to create a product. Also there exist an internal value chain of the assembly liners themselves. The finished product is again reciprocated to the suppliers and collectively it gives rise to the organizations or the firm’s own value chain. The organization has its own channel value chain. The channel value chain for BMW offers its potential customers products ranging from a â€Å"MINI† to the higher end â€Å"Rolls Royce†. These products are priced differently and segmented effectively in response to the target market. BMW also has price variations according to the locations it is striving in. For example BMW is priced in a slight lower side in the Asian markets as compared to the UK or US market. The consumer value chain is based on the channel value chain BMW offers namely price, design an d location. SWOT ANALYSIS OF BMW Strength: BMW is a renowned company with a high position in terms of branding and gratitude factor. BMW is able to sustain its market position lucratively with its hub of exclusive cars. BMW had exceedingly qualified labour force(Gerry Johnson, Kevin Scholes, Richard Whittington, 2008) that could qualify as a source for gaining competitive advantage BMW used advanced technology for its products that embarked its products design, quality and price BMW had strong relationship with its suppliers which propagated BMW in maintaining a brawny supply chain management. Weakness BMW’s overall image was too serious and conventional in comparison with its competitors Low cost products of its competitors Overdependence on US and Europe market Opportunity The increase in number of products sold in spite of the economic downturn Use of advanced technology for the products Popularity in developing countries like India and china Flexibility in development and manufacturing Low interest rates Threats Strong competition in the luxury segment of cars Economic downturn New entrants in the automobile industry Increase in fuel costs Rising supply costs e.g. steel Critical success factor of BMW: The above graph is used to identify the critical success factors of BMW. The y-axis represents the value and the x-axis represents the elements of critical success factor. According to the graph, the critical success factors for BMW are: Product quality Cost of product that justifies product quality Experience Product quality is an inevitable and distinguishing factor for customer satisfaction. The brand is identified by its product excellence and cost of ownership. BMW has a status of being number when it comes to qualify, and thus it is one of the critical success factors for BMW. Though the cost of the product i.e. BMW automobile is high it evidently justifies this through its product quality. The experience of BMW in the industry also is a critical success factor for BMW. With its years of experience it has developed a brand identity for its products and very integrated and sophisticated supply chain that ensures its products are delivered at the right time and right place. KEY SUCCESS FACTORS OF BMW The key success factors thus of BMW can be summarized as Business model of BMW Technology Brand image Sustainability Helmut Panke, CEO of BMW FACTORS THAT MAY CAUSE ULTIMATE DAMAGE DEMISE OF FIRM Rising raw material prices and high fuel prices Change in customer tastes and preferences Decrease in economies of scale Extreme rivalry and price wars in the maturity stage Stagnation of technology Unfavourable currency effects Stricter regulatory norms paving way for alternatives like hybrid cars, fuel-cell cars. Electric cars etc. Mobility precincts emergent urban areas Probable strategies BMW can restore to redirect profits and to retain endurance for the future are: 1) Market development 2) Market penetration 3) Product development 4) Restructuring 5) Retrenchment 6) Liquidation 7) Vertical integration This may help BMW achieve a safer tomorrow and help to sustain its BMW’ness for years to come. REFERENCES Allen, T. (2006, October 17).Retrieved june 7, 2009, from Euro area annual inflation down to 1.7%: http://74.125.153.132/search?q=cache:1fhKosuEvHsJ:europa.eu/rapid/pressReleasesAction.do% 3Freference%3DSTAT/06/137%26format%3DPDF%26aged%3D1%26language%3DEN%26gui Language%3Den+average+rate+of+inflation+of+EU+in+2006cd=2hl=enct=clnkgl=in How to cite Strategic Analysis (PESTEL, Porter and SWOT) of BMW, Essay examples

Fundamentals of Law

Question: Discuss about theFundamentals of Law. Answer: Introduction: Enforceability of the Contract and its Defenses In order to form an enforceable contract, according to Australian contract law the presence of certain elements are vital which consists of offer, acceptance, certainty, consideration. With the purpose to form an enforceable contract it is essential to make an offer by the offeror to the offeree. While making an offer aspects like intention of the contract that are essential to be legally bound are required to be expressed along with the certainty of the material terms that are judged on the basis of objective standards (Falk et al., 2008). In the context of the provided case of Hevvy and Traynor it can be noticed that when Hevvy approached Traynor that he wanted to lose 10 kilos and asked about the charge, Traynor said that think about the charges and let him know about it. Later, he stated that he would charge $30 per training session with the help of a voicemail, till Hevvy losses the desired weight. The voicemail send by Traynor can be considered as offer. The above mentioned discussion forms the negotiation. When the offer made to the offeree by the offeror is accepted by him or her in exchange of something it results in the acceptance of the offer. A formed contract is not enforceable until acceptance occurs. The process of acceptance requires expression of consent to the terms of the offer in the way it has been approved by it and judged with the help of objective standard. The fact that in the next morning when the offer was made he went to the gym with Traynor which continued for the next weeks reflects the acceptance of the made offer on the part of the offeree in the given scenario i.e. Hevvy. Other than that, exchange offer provided by the offeror which is accepted by the offeree in the form of goods, materials or money consists of consideration. Hence in order to exchange legal value consideration is bargained which is beneficial to the promisor and disadvantageous to the promise (Thel and Yorio, 2011). In the provided scenerio it can be noticed that a bargain in order to exchange promise to pay was performed when Traynor demanded for $30 per training session from Hevvy. In the contract terms it could also be noticed that a promise was made by Traynor to provide training session to Hevvy until he losses 10 kilos. This clearly reflects the presence of consideration in the contract. In order to form an enforceable contract, the presence of certainty or the absence of formation defects is essential with the help of which the involved parties will have a clear terms of the contract that helps them in following it (Anderson and Young, 2006). In case of the provided scenario, it can be noticed that the purpose of the contract which was weight loss of Hevvy by 10 kilos and the charge of the training session i.e. $30 per training session was clearly stated. It clearly manifests the presence of certainty in the contract terms. Hence on the basis of the above mentioned grounds it can be stated that Hevvy and Traynor had formed an enforceable contract. Under Statute of Frauds of Australian Contract Law Traynor might defend the claims made by Hevvy that enforceable contract has been formed. In accordance to Statue of Frauds the vital parts of the contract are required to be recorded in writing and taken consent with the help of signing. Hence under Section 126 of Instruments Act 1958 (VIC) as no writing along with the signed consent of the essential terms of the contract that the desired amount of weight that Hevvy wanted to lose was present, Traynor can defend his claim that the formulated contract was an enforceable one. With the help of Frustrated Contracts Act 1978 also Traynor can defend the claim made by Hevvy that the formulated contract is an enforceable contract. In Frustrated Contracts Act 1978 under the doctrine of impracticability it can be made effective (Austlii, 2015). It states that in case if without the fault of neither of the party involved in the contract an event occurs as a result of which the situation changes which makes the completion of the task impracticable or impossible the contract will turn out to be frustrated. Hence with the help of implementing doctrine of impracticability, if Traynor can establish that that due to the circumstances which includes construction work on the route between the houses of Traynor and Hevvy as a result of which the traffic became heavier, along with the aspect of increased gas price which makes the cost unbearable for him to continue providing training to Hevvy, then the contract will be considered to be frustrated. This would result in the t ermination of the contract the reason being the occurrence of the frustrating events. Thus with the help of implementation of doctrine of impracticability Traynor will be released from any kind of future obligations which he may have to face due to the claim of enforceable contract of Hevvy. Remedies Hevvy can ask for punitive damages under Australia Contact Law [reformed 2012]. However it is mentionable here that, in the provided scenario of Hevvy and Traynor, as there is absence of tortiuous misconduct damages for the breach of the terms of the contract will not be recoverable. It is mentionable here that, as a substitute for performance damages for the breach for the terms of the contract are provided (Australiancontractlaw, 2013). As a result the nature of its formation is of such a nature to place the plaintiff in the situation they were supposed to be if the contract would have been performed effectively. Hence, punitive damages are not offered. Under Australia Contact Law [reformed 2012] he can also claim for remedies under equitable remedies which includes the doctrine of specific performance. The doctrine of specific performance consists of an order with the help, of which the breaching party, which in this case is Traynor, would be directed to perform in accordance to the contract in the manner it will be specified by the court. In case damages will be insufficient in providing adequate compensation specific performance will be ordered. However, in association to contracts of personal services, (in the case of Hevvy and Traynor, Traynor was hired by Hevvy in order to loss the desired weight, makes it a personal service) specific performance will not be awarded. In such a situation, Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344 can be referred. It states that in case either of the involved parties faces mental and emotional distress along with the presence of few other conditions damages for distress and disappointment can be availed under Australia Contact Law [reformed 2012]. Para 44 of the mentioned case states that unless as a result of the breach of the contract in the following period physical inconvenience is caused as a result of it (Australiancontractlaw, 2013). Along with it providing enjoyment, freedom from molestation and relaxation is the objective of the contract, and then only damages will be provided to the aggrieved party. In this context, if Hevvy and Traynor case is referred it can be noticed that due to the breach of the contract terms not only did he have to face emotional distress, he also had to face physical inconvenience as his weight had increased, thus making him liable for the damages for dis tress and disappointment resulted due to the breach of the contract terms. Under Australia Contact Law [reformed 2012]Chapter 5 he may as well ask for remedies under which he may ask for the recovery of the amount of damages. Other than that he may ask for non-punitive orders, civil pecuniary penalties etc. Mortgages over real propertys deals with the loan, where as a collateral real estate or property is used. There are number of legislations associated mortgages over real property depending upon the state or territory. One of such mentionable legislation is Real Property Act 1990 (NSW). It deals with aspects associated with mortgages over real property like identification of the mortgagor prior the presentation of mortgage Real Property Act 1990 (NSW) SECT 56C (Austlii, 2014). A kind of property interest that is formulated with the help of any agreement or by laws operation over assets in order to secure an obligations performance generally the performance of a debt can be stated as security interest. Security interests beneficiary is provided with specific rights which are which are preferential rights in secured assets disposition. Personal Property Securities Act 2009 is a mentionable legislation associated with security interests in personal property (Ppsr, 2015). The legislation deals with transactions and mortgages associated with motor vehicles, financing leases etc. A property or additional asset which is offered by a borrower as a means of lender in securing the loan is collateral. It is mentionable here that in case on the part of the borrower making the promised loan payments is stopped the lender is entitled to seize the collateral in order to recoup its losses. Personal Property Securities Act 2009 (Cth) deals with the aspect of collateral. It mentions aspect associated with collateral which is matter to a perfected security interest. The notion that as a result of registration of a land, it is required to be reflected with the help of the title, the entire significant and essential details which is purchaser is required to be informed about prior purchasing the land is the mirror principle. The provisions which turn mirror principle as per the applicability to land registration and wanting is deal with in Land Act 2002. A propertys recipient is the grantee i.e. the individual who will be taking the title in accordance to the name in the legal document which is used in order to transfer the real estate. It is mentionable here that, grantor is the individual surrendering the property. The Real Property Act 1886 deals with the aspect of grantee under three classes i.e. when the applicant is original grantee, when the applicant is not original grantee, when there is imperfection in the title. References Anderson, J. and Young, L. (2006). Trade and Contract Enforcement. The B.E. Journal of Economic Analysis Policy, 5(1). Austlii.edu.au. (2014). REAL PROPERTY ACT 1900 - SECT 56CConfirmation of identity of mortgagor. [online] Available at: https://www.austlii.edu.au/au/legis/nsw/consol_act/rpa1900178/s56c.html [Accessed 3 Sep. 2016]. Austlii.edu.au. (2015). Frustated Contracts act1978. [online] Available at: https://www.austlii.edu.au/au/legis/nsw/consol_act/fca1978247/ [Accessed 3 Sep. 2016]. Australiancontractlaw.com. (2013). Australian Contract Law | Julie Clarke. [online] Available at: https://www.australiancontractlaw.com/law/remedies-damages.html [Accessed 3 Sep. 2016]. Australiancontractlaw.com. (2013). Australian Contract Law | Julie Clarke. [online] Available at: https://www.australiancontractlaw.com/cases/baltic.html [Accessed 3 Sep. 2016]. Falk, A., Huffman, D. and MacLeod, W. (2008). Institutions and contract enforcement. Cambridge, Mass.: National Bureau of Economic Research. Ppsr.gov.au. (2015). PPSR overview | PPSR. [online] Available at: https://www.ppsr.gov.au/ppsr-overview [Accessed 3 Sep. 2016]. Thel, S. and Yorio, E. (2011). Contract enforcement. New York: Wolters Kluwer Law Business.

Information Security Management of HealthScope

Question: Discuss about theInformation Security Management of HealthScope. Answer: Introduction: The main aim of the report is to discuss about an Australian company Healthscope that operates private hospitals, international pathology services and medical centres. It has 17000 employees working in different location for the organization. The information security department of the organization has several responsibilities for maintaining the security of the information system. Thus as a security manager the report is prepared and a brief analysis is done on the information system of Healthscope, the importance of identity access management for the organization is discussed and the development procedures are also discussed. Lastly some recommendation is provided to implement new IAM technology that would benefit the organization to mitigate the security issue. Analysis on Identity and Access Management (IAM) Significant advances in innovation, and in addition seismic movements in government control, have pushed the medicinal services industry into a time of interruption. Human services IT pioneers must explore a moving landscape of plausibility and danger. While innovative advances offer chances to enhance human services conveyance, the specialized and administrative scene represents a few difficulties (Torres, Nogueira Pujolle 2013). Medicinal services IT pioneers must deal with a huge number of uses and advances, including billing, electronic medical records (EMRs), client correspondences and that's only the tip of the iceberg. Most basically, they should guarantee that the data regarding the health of the patient is promptly accessible to the right individuals yet shielded from unapproved access (Uddin Preston 2015). The privacy is the most important priority of the health information system and the IT managers have the role to manage the system using technologies and maintain the s ystem keeping the system up for the users. As today's workforce turns out to be more portable, numerous associations are receiving another methodology Bring Your Own Device (BYOD) to give remote access to email, delicate or protection related information, and business applications (Thatchenkery 2013). The demand of the consumer for mobile application support is also driving the Healthscope organization for developing the mobile application to access their service. IAM is a solid empowering agent that works on (both for business to worker and business to buyer) and serves as a foundational segment in increasing the security in mobile computing. There are a couple ways IAM can help the Healthscope to actualize a more secure information security system: Security defends ordinarily set up for outside associations with a system might be impaired or actualized at a lessened level in light of the fact that the business might not have control over administration of these gadgets (particularly in a BYOD model) (Michael 2012). Accordingly, it is important that verification instruments are executed to affirm that the client of the gadget is approved to get to delicate resource. The Mobile gadgets permit organization staff to get to basic applications (counting security related information) at whatever time and from anyplace. On the off chance that a gadget is lost or stolen, device should be tracked and identified to report the client (Schorer 2014). The user authentication can also reduce the chance of potential fraud incident and detect the device location. Access controls ought to be outlined in view of ease of use; clients may evade excessively prohibitive and badly designed controls, bringing about potential information misfortune episodes (Stephen, Chukwudebe Ezenkwu 2015). A typical illustration is somebody sending actually identifiable or classified data decoded to an individual email account keeping in mind the end goal to get to it outside of the workplace. Importance of IAM The identity and access management is used to identify the impact of the information security system and the complexities that the IS system includes. It is used to identify the security state of the information system and resolve the complexity of the system (Torres, Nogueira Pujolle 2013). The IAM can be applied to a system to manage the technical service and limit the accessibility of the online resources. It can help to give a simplified user experience to the end users of the system and handle the access request and self service management program efficiently (Lodwick 2014). The IAM breaks down the barriers and can easily access the end users. It can apply authentication on the end users to increase the security of the system. Protection for the data residing in the information system is also implemented to secure the data (Uddin Preston 2015). The IAM solution can help to identify the risk and give mitigation technique for resolving the security issues associated with the inf ormation security system. The identity and access management helps to decrease the time of application development that helps to reinvent the authentication systems that are prone to cyber attacks. The IAM helps to implement new technologies in the Healthscope project that would help to identify the holes in the security management and resolve the risk related to the security in the information system and thus help the organization to continue its business process. Development of New IAM Technology IAM is used mostly in securing the data of the information system of an organization. It considers the continuous and future patterns in its advancing circle and empowers more grounded efforts to establish safety. The IAM business sector is predominantly impacted, driven and moulded by the expanding requirement for versatile appropriation and transitioning to distribute computing (Khansa Liginlal 2012). A portion of the most recent advancements and methodologies help associations conquer issues connected with information security. IAM can turn into a potential business-empowering influence for IT associations, with a legitimate key situation in computerized security space, bringing about fruitful conveyance of bleeding edge arrangements. Approaches to making IAM a noteworthy achievement: Keep Customization to the Minimum: predictable methods for IAM characterize building custom frameworks that include every one of the procedures important to allow verification and control. In spite of the fact that altered arrangements bring together components and appearance, they conceal the multifaceted nature underneath (Jrvelinen 2012). A configurable IAM arrangement offers more noteworthy esteem and minimizes the dependence on designers, alongside lessening the consumption. Diminishing Complexity: combined characters and provisioning approval like logins, SSO and review necessities offer a few advantages. Progressively the characters, more is the necessity for provisioning in various spots, and more are the passwords (Goth 2005). Distinguishing proof of a solitary source and actualizing it over the association is superior to the exertion required for recalling various passwords. Provisioning the Right Way: One steady thing in IAM is change. Change in the parts of individuals, new frameworks and procedures make re-provisioning and de-provisioning of clients a need. It is imperative to get the provisioning right with a sharp accentuation on setup (Jankovic 2012). A Business' Accountability: Although, IT assumes a key part in provisioning a record and assigning rights inside a framework, any particular line of business/space, if included, will be responsible if something turns out badly. Henceforth, the most recent IAM arrangements are worked by concentrating more on the business, rather giving 100% power to only it (Giessner, Horton Humborstad 2016). It gets to be simpler for the business to settle on choices about who ought to access what. In this way, provisioning happens consequently, with lesser reliance on IT. Empowering Automation: IAM carries with it the capacity to streamline and computerize awkward procedures, which is a major offering point for undertakings. Mechanizing an IT-driven and complex IAM approach that spares time and cash minimizes various blunders (Uddin Preston 2015). In this manner, an endeavour and end clients can do a few things for which they have dependably needed to depend on IT. The capacity of associations in embracing new innovations and advancing client requests has kept the prerequisite of IAM going. Traverse's IAM system addresses an expansive range of mission-basic needs to give fitting access crosswise over differing innovation situations and meet the constantly expanding consistence prerequisites (Torres, Nogueira Pujolle 2013). The IAM arrangements are business-adjusted and help ventures create full grown IAM abilities for their drives. Recommendation for Application of Recent IAM Technology in the Organization The application of the IAM technology must give the organization some benefit and the risk associated with the business must be resolved with the application. Thus to mitigate the risk of Healthscope and securing their information security system against any physical attacks or cyber attacks it is essential for the organization to implement new technology. The organization can choose the appropriate technology that meets the organizational needs. There are many technologies but according to the analysis it has been found that the integration of the IAM and information security management technologies can improve the management capabilities and deploy new capabilities in the system. SIEM technology can be applied to access the resources and monitor the health information of the system. It can also identify the identity of the users that are logged in the system. The application of SIEM requires a basic IAM policy to monitor the system. There are different vendors providing the SIEM ap plication such as IBM they integrate the SIEM application with IAM products and meet the requirement of the client and secures the network authentication services. The organization can employ SIEM for the monitoring activity and secure the network and the information system of the Healthscope organization. Conclusion The CISO (Chief information security officer) of the IT Security and Information department of Helathscope organization have prepare the report on the management of the information security system. Identity and Access management technique is applied for the proper analysis of the system. The system has become mobile and thus there is a problem regarding the identification of the user and unauthorised access of the data. The identity and access management is applied and importance of IAM to ensure the organizational security and development of new technology using the IAM methodology is discussed in the report. Recommendation is given regarding the application of recent IAM technologies in the Healthscope organization that would help to increase the security of the information system of the organization. References Giessner, S, Horton, K Humborstad, S 2016, "Identity Management during Organizational Mergers: Empirical Insights and Practical Advice", in , Social Issues and Policy Review, vol. 10, no. 1, pp. 47-81. Goth, G 2005, "Identity management, access specs are rolling along", in , IEEE Internet Computing, vol. 9, no. 1, pp. 9-11. Jankovic, M 2012, "Integrated Marketing Communications And Brand Identity Development", in , ManageFon, vol. 17, no. 63, pp. 91-97. Jrvelinen, J 2012, "Information security and business continuity management in interorganizational IT relationships", in , Info Mngmnt Comp Security, vol. 20, no. 5, pp. 332-349. Khansa, L Liginlal, D 2012, "Regulatory Influence and the Imperative of Innovation in Identity and Access Management", in , Information Resources Management Journal, vol. 25, no. 3, pp. 78-97. Lodwick, D 2014, "Access and Identity Management for Libraries: Controlling Access to Online Information", in , Technical Services Quarterly, vol. 32, no. 1, pp. 112-113. Michael, K 2012, "Security Risk Management: Building an Information Security Risk Management Program from the Ground Up", in , Computers Security, vol. 31, no. 2, pp. 249-250. Schorer, C 2014, "A Review of Access and Identity Management for Libraries: Controlling Access to Online Information", in , Journal of Access Services, vol. 11, no. 4, pp. 327-328. Stephen, B, Chukwudebe, G Ezenkwu, C 2015, "Integrated Identity and Access Management System for Tertiary Institutions in Developing Countries", in , Nigerian Journal of Technology, vol. 34, no. 4, p. 830. Thatchenkery, T 2013, "Initiating organisational transformation through Appreciative Intelligence", in , International Journal of Business Performance Management, vol. 14, no. 4, p. 332. Torres, J, Nogueira, M Pujolle, G 2013, "A Survey on Identity Management for the Future Network", in , IEEE Communications Surveys Tutorials, vol. 15, no. 2, pp. 787-802. Uddin, M Preston, D 2015, "Systematic Review of Identity Access Management in Information Security", in , JACN, vol. 3, no. 2, pp. 150-156.