Myocardial Infarction Research Paper Example | Topics and Well Written Essays - 1000 words

Myocardial Infarction - Research Paper Example The infarction site depends on which vessels are involved. For example, if a blockage occurs in a circumflex coronary artery, this leads to lateral MI while blockage of a right coronary artery can lead to right-sided heart failures (Life nurses forum: Nursing care plans For Myocardial infarction). There are many predisposing factors to the higher number of MI cases. Some of these factors can be controlled while others cannot. These factors are; age, gender, positive family history of MI, high blood pressure, obesity, high levels of cholesterol, lack of physical activity, diabetes, stress, hypertension, increased serum triglycerides, excessive intake of saturated fats, salt and carbohydrates (Salim). Other risk factors include sedentary life, increased homocysteine and C -resistance proteins and use of drugs such as amphetamines and cocaine (Life nurses forum: Nursing care plans for myocardial infarction; (Haffner).About 20% of patients with MI have diabetes (Salim). The symptoms of M I includes; arm, epigastric and chest pain, breath shortness, diaphoresis, clammy skin dizziness, nausea, vomiting, angina frequency, fatigue, presence of pericardial friction rub, systolic murmurs, bradycardia, hypertension, absence of jugular vein distension, activity intolerance, decreased cardiac output, anxiety, among other symptoms (Life nurses forum: Nursing care plans for Myocardial infarction). Nursing process in Myocardial infarction. The nursing process is a very important thinking tool and involves a number of stages. Assessment This stage involves collecting and recording of data so as to obtain the necessary information which will help a nurse or a clinician to predict, detect, prevent, manage and eliminate health problems and associated risk factors. During the assessment, the nurse should be able to clarify the expected outcomes and the advantages of the care. These outcomes should be measurable. The nurse should also be able to choose intervention strategies to be u sed in achieving the desired results and promoting patients health (Afaro) Diagnosis Diagnosis is very important as it helps in analyzing and synthesis of data so as to facilitate drawing of conclusions. Diagnosis can be achieved through physical examination of symptoms. Other diagnostic tests which can be used include, detection of elevated levels of homocysteine and C- resistance proteins, electrocardiogram, use of cardiac troponin to differentiate between MI and injury of skeletal muscles. This can also be achieved by looking at the family history to identify if there is the positive relationship. During diagnosis, the nurse should identify patterns and produce a list of suspected problems and also rule out the presence of other health issues. Identification of symptoms is important as this may help the nurse to refer the case to more qualified personnel if need be (Afaro). The nurse should be able to clarify actual and potential health issues and the associated risk factors.

JPMorgan Chase Essay Example | Topics and Well Written Essays - 1250 words - 6

JPMorgan Chase - Essay Example In the last section the essay will shed light on software automation in online banking transaction. According to Securities and Exchange Commission (2013), its purpose of existence is to protect the interest of investors, facilitate capital formation and maintain a transparent and fare market. Research scholars such as Kamin and DeMarco (2010) and Hill (2010) have pointed out that SEC plays much larger role in comparison to CFTC when it comes to saving the interest of investors. Hence in this essay, the researcher will only focus on control mechanism of SEC in order to discourage banks and financial institutions from involving in high risk gambles in primary market and securities. SEC has created two divisions such as Division of Trading and Markets and Division of Investment Management in order to create a fair a transparent market and protect interest of investors (Securities and Exchange Commission, 2013). ... mechanisms of Trading and Market Division and Investment Management Division of SEC to protect interest of investors can be summarized as, 1- incorporating financial integrity program to mitigate conflict of interest between broker-dealers, 2- reviewing policies to identify and punish fraudulent activities of banks and other companies, 3- assisting the Commission to establish a fair security market and 4- monitoring the actions in commodity market, 5- reviewing the investment adviser filings and 6- assisting Commission to go for law enforcement against companies and banks falsifying the financial results (Securities and Exchange Commission, 2013). SEC has also investigative arm which conduct investigation on following charges; Omission or misrepresentation financial results or crucial security information Manipulation of market prices of securities Defrauding customer’s fund    Insider trading of market information On the basis of above mentioned guidelines, control measures and legal enforcement actions, SEC take actions in order to prevent high-risk gambles in securities in the field of banking operation and security exchange. Elements of contracts include various items such as, 1- An Offer- willingness of parities to enter into bargain, 2- An Acceptance- acceptance of condition mentioned in by both parties, Purpose- purpose of the contract must be legal, 4- Mutuality of Obligation- mutual understanding of the condition and obligation between parties, 5- Consideration- there must consideration of benefits among both promisor and promise and 6- Certainty of Subject Matter- all the conditions must be clearly defined in the contract so that everyone involved in the contract can understand it. However, the nature of contract between banks and customers is purely based

Work is one of the main ways individuals participate

Work is one of the main ways individuals participate Work is one of the main ways individuals participate in society and the workplace will be one of the principal communities to which a worker belongs. Judicial recognition of this has been slow to emerge. Traditionally the courts have focused very strongly on the employee's financial interest in the relationship. By so doing they tended to ignore the fact that what workers gain from employment is not merely wages. For instance, 'A person's employment is an essential component of his or her sense of identity, self-worth and emotional well-being[1].† Therefore this assignment will consider whether or not the duty of trust and confidence should be implied into every employment contract on policy grounds. This will be achieved by a detailed discussion of the position of mutual trust and confidence, including its development into the employment relationship. It will consider in detail the judicial position of mutual trust and confidence, it will be argued that this has become synonymous with the duty of trust and confidence, and the rationale for its inclusion can be seen as that of public policy. It is well known that an employer is subject to certain implied duties. One of the most important of these duties is the implied term of mutual trust and confidence, which as Cabrelli[2] points out â€Å"which from the perspective of the obligations imposed upon the employer, has been expressed as a duty upon the employer not, without reasonable and proper cause, to act in such a way as would be calculated or likely to destroy or seriously damage the relationship of trust and confidence existing between the employer and its employees[3]† The breadth of the definition of the implied duty of trust and confidence has spawned much litigation in recent years. This implied term has also generated a great deal of academic attention, having been described as assuming a 'central position in the law of the contract of employment[4]', as being 'undoubtedly the most powerful engine of movement in the modern law of employment contracts[5]' and as forming the 'cornerstone of the legal construction of the contract of employment[6]'. There is a view that the implied term of trust and confidence may evolve to engulf the more 'traditional' implied terms and this has been well expressed in academic circles. For instance, Freedland points out that: â€Å"Almost any particular implied term of the contract of employment could in theory be placed under [the] umbrella [of the general obligation of mutual trust and confidence]; it remains to be seen how far this framework approach will lead to the swallowing up of existing, hitherto distinct, implied terms[7]†. Whilst there have been a number of notable recent common law developments, the most significant may well be the emergence of mutual trust and confidence. This is in part because '[T]he open-textured nature of the term makes it an ideal conduit through which the courts can channel their views as to how the employment relationship should operate[8].' For instance, Hepple suggests, with reference to the ECHR, that 'since the court must act compatibly with convention rights, the duty of trust and confidence also embodies a duty to respect the convention rights of an employee[9]'. Another reason is the wide-range of situations which have been held to fall within the ambit of the term[10]. Moreover, it may be that in time, 'the obligation will come to be seen as the core common law duty which dictates how employees should be treated during the course of the employment relationship[11]'. Trust and confidence' is used to refer to a type of fiduciary relationship the key element of which is the duty to act in the interest of another. In employment law, however, trust and confidence has a different meaning. It refers to an obligation implied into all employment contracts, which requires the parties not to conduct themselves in a way which is likely or calculated to destroy the relationship of trust and confidence between them. As an implied term it is subject to the usual rules of implication, including the possibility that the parties may be able to exclude its application[12]. Furthermore, the implied obligation of trust and confidence is mutual, in that both employer and employee must maintain a good working relationship. Fiduciary duties, on the other hand, are not mutual; they are always owed by one person to another. The notion of trust and confidence developed out of the well-established requirement of co-operation. Despite its name, this duty was traditionally imposed on employees only, most notably in the form of the obligations of obedience and faithful service[13]. In the mid to late 1970s the courts began to reverse the duty of co-operation and to impose new obligations on employers. At first this occurred in cases where there was a particular relationship between the parties[14] or where the conduct of the employer was particularly serious[15]. A general principle was formulated in Wood v Freeloader[16], where the chairman of the tribunal held that 'there is an implied duty of co-operation between employer and employee and in particular a duty implied by law that an employer will not do anything which would undermine the continuation of the confidential relationship between employer and employee'. The present formulation of the implied term was finally put forward in the case of Courtaulds Northern Textiles Ltd v Andrew[17], and was accepted by the Court of Appeal in Lewis v Motorworld Garages Ltd[18] and by the House of Lords in Malik v BCCI[19]. It has, therefore, been argued that the concept of trust and confidence was developed in employment law through the adaptation of an existing contractual concept, without reference to fiduciary duties. In recent years both courts and academics have recognised that employment is in many respects not comparable to a straightforward exchange-based contract, and that therefore a significant degree of co-operation is required of both parties. However, contract remains at the heart of the employment relationship, and in classic contract law, the parties are only obliged to co-operate to the extent that is necessary to make performance of the agreement possible[20]. In the context of employment this means that each party must have regard to the interests of the other, but, as Elias J rightly emphasised in Fishel, they need not put those interests ahead of their own. In his paper 'Beyond Exchange: The New Contract of Employment[21]' Brodie raises the question as to 'whether the law of the employment contract as a whole will continue to evolve so that the contract could be categorised as one of good faith. To put it another way, will the contract become one of good faith rather than merely a contract which contains elements of good faith'. This recognition of the implied term's potential for further development is to be welcomed. Linda Clarke has also formulated an argument for a changed perception of the employment relationship, on the basis of the implied term: 'by recognising the employment relationship as a fiduciary one, it will be easier to argue for the extension of the implied term of mutual trust and confidence to cover positive duties to give employees information'. It is certainly true that the employee in University of Nottingham v Eyett[22] would have been better off, had his employer been under a duty to volunteer information. However, this result can be achieved without turning employment into a fiduciary relationship. There is no reason why the implied obligation to maintain trust and confidence should not be used to impose positive duties on both employers and employees. If used to its full potential, it can provide an adequate degree of employee protection. Regarding employment as fiduciary in nature would, instead of advancing employee rights, carry serious negative connotations f or employee autonomy, by exposing employees to a corresponding duty to provide information. The case of Visa International Service Association v Paul[23] is a case which is worthy of consideration here. In this case it was held that an employer breached the implied duty of trust and confidence where they failed to inform an employee of the emergence of a post for which she considered herself suitable. Indeed, it provides support for the emergence of an overarching and distinct concept of trust and confidence since it suggests that an employee can be successful if they raise a claim for recovery of economic loss for a failure of the employer to inform based on a repudiatory breach of the duty of trust and confidence[24]. One view of the result in Visa International is that it conceptualises the duty of trust and confidence as an overarching premise distinct from the other 'traditional' implied duties. An important issue which the courts and tribunals have had to consider is the import of an express term in a contract of employment which is, on the face of it, incompatible with an implied term. The question here is whether the latter is sufficient to disapply the former or vice versa-in other words, what happens in the case of a 'clash of contractual terms'? Johnstone is the most important case in this area and deals with this issue. In Johnstone, the written contract of employment stated that a junior doctor was under a duty to work 40 hours a week and that the employer had the discretion to compel the employee to work for a further 48 hours per week. What is noteworthy is that there was no express waiver of the implied duty to exercise reasonable care. Instead, the question was whether the express terms on working hours were disapplied by the implied duty to exercise reasonable care. In Johnstone[25], the judges in the Court of Appeal were divided on how to deal with the incompatibility issue. To summarise, in his dissenting judgement, Leggatt LJ held that an implied term could not supersede an express term. Conversely, Stuart-Smith LJ held that an express term could be disapplied by an implied term where the two conflicted and the implied term ought to prevail based on 'principle'. Browne-Wilkinson V-C held that the implied term must coexist with the express term without conflict. The 'Browne-Wilkinson' approach can be reformulated in two ways: First, as another way of saying that an implied term cannot supersede an express term; or, alternatively, as holding that the scope of the employer's implied duties required to be carved with reference to the express terms of the contract. The question is whether the analysis in Johnstone translates to the implied duty of trust and confidence. The answer would appear to be that the effect of the incompatibility problem is resolved in the same way, regardless of the type of implied duty. Second, and shifting the focus from the generic employment contract to the implied duty of trust and confidence itself, the courts have indicated obiter that they will uphold exercises in contracting out of the implied duty. In Malik, Lord Steyn stated that the implied term of mutual trust and confidence operated as a default rule, and that the parties were free to exclude it or modify it[26]. This analysis is entirely consistent with the decision of the House of Lords in Johnson v Unisys Ltd[27]. Of course, there are limits to the doctrine of contracting out. For example, the argument in Horkulak v Cantor Fitzgerald International[28] that the size of an employee's remuneration and benefits package written into their contract of em ployment justified the disapplication of the duty of trust and confidence was not upheld. However, what we do have is an indication by the House of Lords that the implied duty is a default rule and as such susceptible to exclusion, modification or limitation. For this reason, the writer would submit that based on the conceptual underpinning of UCTA and the dicta of Lord Steyn in the House of Lords on a balanced view, contracting out of the implied duty of trust and confidence is possible. There is a view that the mutual duty of trust and confidence is unavailable in a positive sense to compel the employer to take action or enjoin conduct. Instead, it is said that its main purpose is to prohibit conduct damaging to the employment relationship. The argument holds that one means of distinguishing between the two implied duties is by invoking the positive/negative dichotomy. However, it is submitted that the assertion that the duty of trust and confidence only applies in a negative context, i.e. to hold that the conduct of the employer amounted to a repudiatory breach of contract is incorrect. There are many cases which demonstrate that omissions by an employer will also be sufficient to amount to a repudiatory breach of the duty of trust and confidence. For example, in Reed v Stedman[29], the employer's failure to investigate an employee's complaints (to colleagues) of sexual harassment was enough to justify a finding of breach of trust and confidence. On the basis of the above cases[30], it would appear that the positive/negative conduct dichotomy cannot be used as a means of denying evidence for the evolution of an abstractual, all-embracing concept of mutual trust and confidence which is equivalent to the sum of its parts. An analysis of the law in this area and of academic opinion, demonstrates quite clearly the need for the duty of trust and confidence, it is difficult to see how an employment contract can succeed without such an implicit duty. This is a basic duty which in its simplest form requires the employer to respect the worker and for the worker to respect his employee, it is difficult to see how an employment relationship could be successful without this basic requirement, despite judicial opinion to the contrary. Therefore it must be concluded, that currently all successful employment relationships require this basic duty to succeed, and in response to the question posed public policy does require that such a duty be imposed into every successful employment contract. This would not only regulate the employment relationship but it would ensure that it was a happy and successful relationship, one that benefited society. Bibliography Cases Croft v Consignia plc [2002] IRLR 851 Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84 Fyfe McGrouther v Byrne [1977] IRLR 29 Isle of Wight Tourist Board v Coombes [1976] IRLR 413 Johnson v Unisys Limited [2001] IRLR 279 Johnstone v Bloomsbury Area Health Authority [1991] IRLR 118 Lewis v Motorworld Garages Ltd [1984] IRLR 465 Malik v BCCI [1997] IRLR 462 Nottingham v Eyett [1999] IRLR 87 Re Public Service Employee Relations Act [1987] 1 SCR Reed v Stedman [1999] IRLR 299 TSB Bank v Harris [2000] IRLR 157 Visa International Service Association v Paul [2004] IRLR 42 Wood v Freeloader [1977] IRLR 455 Waltons v Morse Dorrington [1997] IRLR 488 Journal Articles Brodie D, (1998) â€Å"Beyond Exchange: The New Contract of Employment† 27 Industrial Law Journal 79 Burrows,(1968) â€Å"Contractual Co-operation and the Implied Term† 31 Modern Law Review 390 Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal 121 Collins H,(2003)†Employment Law†, Oxford: Oxford University Press Collins H,(2003)†Employment Law†, Oxford: Oxford University Press Books Bowers J Honeyball S, (2002) â€Å"Bowers and Honeyball Textbook on L Labour Law†, Oxford University Press Cabrelli D, (2005) â€Å"The Implied Term of Mutual Trust and Confidence: An Emerging Overarching Principle?† Industrial Law Journal 34 (284) Deakin s Morris G, (2003) â€Å"Labour Law†, Third Edition, Lexis Nexis Dudington J, (2003) â€Å"Employment Law†, Pearson Higher Education Freedland M,(2003) â€Å"The Personal Employment Contract† Oxford: Oxford University Press Lewis D Sargeant M, (2005) â€Å"Employment Law† , Pearson Higher Education Press Willey B, (2003) â€Å"Employment Law in Context†, Pearson Professional Education 1 Footnotes [1] Re Public Service Employee Relations Act [1987] 1 SCR 313 at 368, per Dickson CJ J [2] Cabrelli D, (2005) â€Å"The Implied Term of Mutual Trust and Confidence: An Emerging Overarching Principle?† Industrial Law Journal 34 (284) [3] Malik v BCCI [1998] AC 20, 35 per Lord Nicholls and 45 per Lord Steyn adopting the wording of Browne-Wilkinson J in Woods v WM Car Services (Peterborough) Ltd [1981] ICR 666, 670 [4] Brodie D,(2001) â€Å"Mutual Trust and the Values of the Employment Contract†30 Industrial Law Journal 84 [5] Freedland M,(2003) â€Å"The Personal Employment Contract† Oxford: Oxford University Press [6]Collins H,(2003)†Employment Law†, Oxford: Oxford University Press, [7] Freedland M,(2003) â€Å"The Personal Employment Contract† Oxford: Oxford University Press at page 159 [8] Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal 121 at 126 [9] Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal [10] Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal [11] Brodie D,(1996) 'The Heart of the Matter: Mutual Trust and Confidence' 25 Industrial Law Journal [12] See Malik v BCCI [1997] IRLR 462; Johnstone v Bloomsbury Area Health Authority [1991] IRLR 118 [13] see, for example, Secretary of State for Employment v Associated Society of Locomotive Engineers and Firemen (No 2) [1972] 2 QB 455 [14] Isle of Wight Tourist Board v Coombes [1976] IRLR 413 [15] Fyfe McGrouther v Byrne [1977] IRLR 29 [16] [1977] IRLR 455 [17] [1979] IRLR 84 [18] [1984] IRLR 465 [19] [1997] IRLR 462 [20] Burrows,(1968) â€Å"Contractual Co-operation and the Implied Term† 31 Modern Law Review 390 [21] Brodie D, (1998) â€Å"Beyond Exchange: The New Contract of Employment† 27 Industrial Law Journal 79 [22] [1999] IRLR 87 [23] [2004] IRLR 42 [24] Cabrelli D, (2005) â€Å"The Implied Term of Mutual Trust and Confidence: An Emerging Overarching Principle?† Industrial Law Journal 34 (284) [25] Johnson v Unisys Limited [2001] IRLR 279 [26] Malik v BCCI [1998] AC 20 [27]Johnson v Unisys Limited [2001] IRLR 279 [28] [2003] IRLR 756 [29] [1999] IRLR 299 [30] There are other cases where the failure of the employer to take positive action was held to amount to a breach of trust and confidence, see e.g. TSB Bank v Harris [2000] IRLR 157 and Waltons v Morse Dorrington [1997] IRLR 488. See also Lindsay P in Croft v Consignia plc [2002] IRLR 851, 859

The Place of Strategic Dialogue in Collaborative Learning :: Peer Tutoring Tutor Tutors Essays

The Place of Strategic Dialogue in Collaborative Learning The tutorial interaction in writing centers provides beginning writers with an essential element not found in other types of student-helper interaction. Unlike the usual colloquium that occurs in most classrooms, tutoring offers a one-on-one setting whereby a student can directly consult with, discuss, and turn to an experienced peer for help with as many steps of the writing process as possible. This unique setting offers a chance for tutors to address students’ individual needs using strategic dialogue. Kenneth A. Bruffee talks about the important facets peer-to-peer dialogue brings to the tutorial setting. In his essay, Peer Tutoring and the ‘Conversation of Mankind,’ he discusses conversation and its place within the context of â€Å"collaborative learning.† Bruffee argues that â€Å"thought and writing are special artifacts grounded in conversation. As such, both are fostered by teaching that emphasizes conversational exchange among peers† (Intro, 3). He believes that thought originates in conversation. In general, conversation is a social artifact that can be internalized to encourage thought. Bruffee values peer tutoring so much because, as he said, it "provides a social context in which students can experience and practice the kinds of conversation that academics most value† (7). The dialogue that takes place between tutor and student fosters this kind of thought-provoking conversation. The interaction is one of a kind because it provides a uni que setting whereby â€Å"status equals, or peers† (Bruffee, 8) can discuss matters that are closely at the heart of the writing process. Emily Meyer and Louise Z. Smith, writers of The Practical Tutor, agree with Bruffee on the special contribution peer-to-peer tutoring grants to the process of writing. In their chapter called ‘Engaging in Dialogue,’ Meyer and Smith support Bruffee when they say, "the tutorial conference is an ideal format for such stimulation because it is truly dialogical† (28). This aspect is unique in two ways in that first, it provides the necessary one-on-one component that beginning writers don’t get when they sit in class among several other inexperienced writers. Second and more important, the dialogue that takes place between tutor and tutee stimulates thought that is originated in conversation. According to Bruffee, â€Å"The kind of conversation peer tutors engage in with their tutees can be emotionally involved, intellectually and substantively focused, and personally disinterested" (7). Conversation, in this sense, becomes an ideal way by which inexperienced wr iters can let out their thoughts, opinions, and feelings on a given topic.

What are the objectives of both parties in the exchanges?

Both parties in these exchanges want to obtain the best accounts available for their teams to maximize profit for the company, and also for their staff. In addition, they both want to get their points across while looking out for their teams’ best interest. Based on the exchange, it seems that Marilyn prefers sharing the accounts rather than being left with the small ones, while Len would like to work on accounts that will generate more money. How would you describe the general â€Å"tone† of the exchanges? The tone of the exchanges seems to be slightly aggressive between Marilyn and Len. In the first exchange, it almost seems like Len’s tone is a little threatening and Marilyn’s tone is defensive in response to this. She also seems to be worried that she’ll be stuck with the smaller, less productive accounts that Len is trying to push on her. Were Marilyn's objectives on the way to being effectuated in the first exchange? No, I feel that Marilyn started off well but then allowed Len’s aggression to get the best of her. She became more defensive while countering each of Len’s comments, which caused her to lose sight of the points she had to present in this negotiation. If this would have continued in this manner, Marilyn will not get her point across. Len had her backed into a corner, and Marilyn’s defensiveness was ineffective, since it wasn’t able to turn the negotiation in her favor. Were Len's objectives on the way to being effectuated in the first exchange? Yes, I feel that Len’s objectives were moving towards being effectuated because he was successful in diverting the conversation. He was able to divert Marilyn’s aims by accusing her of becoming upset in their conversation. He further gives his views authority by telling her that he has the approval of the boss, who supports his decision. What do you project the outcome of the first exchange to be? The projected outcome for the first exchange is that Len intimidates Marilyn to the point that she loses the focus on her objective, and no resolution is made. This was an example of distributive negotiation, since both parties are facing off with the goal of getting as much as possible. It is clear that Len had almost the complete advantage since the negotiation was in Len’s favor. His argument approach made it difficult for Marilyn to defend her position. Were Marilyn's objectives on the way to being effectuated in the second exchange? Yes, I believe that Marilyn was able to stand her ground and argue her points in the second exchange. Furthermore, she was able to effectively divert Len’s responses which helped to implement her objectives. In this exchange, she seems more confident and comfortable in responding to Len’s comments, especially about her team being unskilled. She shot back by reminding Len that they were his former members, which he had trained. Marilyn also corrected him when he said that the boss had already accepted his decision, by stating that she had already received his approval. The second exchange shows that Marilyn was much more prepared to handle Len’s arguments, and had a lot more control over the negotiation. Were Len's objectives on the way to being effectuated in the second exchange? Absolutely not, because in the second exchange Len was still adamant and shifty about his obligation to turn over the viable accounts Marilyn was expecting. The manner in which Marilyn addressed his points presented a challenge to him, which made it harder for him to effectuate. What do you project the outcome of the second exchange to be? I believe that this exchange was in Marilyn’s favor, and she would be able to win those accounts. As the negotiation progressed, Len would discover that his objections to Marilyn’s claims would be defeated, which would force him to turn over the accounts he promised. Identify two points of transition in each exchange and analyze the impact of the transition on the negotiation. In the first exchange, Marilyn asks Len about the viable accounts, which instantly makes him defensive, especially because of the pressure he’s faced with from his team, since they’re income depends on it. His defensive response is to question Marilyn’s teams’ competency. Marilyn asks the same question again when they meet for the second exchange, in which Len responds in the same manner. At this point, Marilyn informs Len that her team was previously trained and supervised by him, which then directs the level of competency back to him. Another transition point occurs when Marilyn identifies the reason as to why Len hasn’t turned over the accounts. She states that it’s because of his team losing income. Len does not effectively respond and chooses instead to claim the boss had already accepted it. Unbeknownst to him, Marilyn had already talked to the boss and received different information, to which Len could not counter. Len was caught in his own dishonesty and false threats.

Financial Analysis And Statement Analysis Essay

Financial statement analysis (or financial analysis) is the process of reviewing and analyzing a company’s financial statements to make better economic decisions. These statements include the income statement, balance sheet, statement of cash flows, and a statement of retained earnings. Horizontal analysis (also known as trend analysis) is a financial statement analysis technique that shows changes in the amounts of corresponding financial statement items over a period of time. It is a useful tool to evaluate the trend situations. The statements for two or more periods are used in horizontal analysis. The earliest period is usually used as the base period and the items on the statements for all later periods are compared with items on the statements of the base period. The changes are generally shown both in dollars and percentage. Vertical analysis is the proportional analysis of a financial statement, where each line item on a financial statement is listed as a percentage of another item. Typically, this means that every line item on an income statement is stated as a percentage of gross sales, while every line item on a balance sheet is stated as a percentage of total assets. The most common use of vertical analysis is within a financial statement for a single time period, so that you can see the relative proportions of account balances. Vertical analysis is also useful for timeline analysis, where you can see relative changes in accounts over time, such as on a comparative basis over a five-year period. For example, if the cost of goods sold has a history of being 40% of sales in each of the past four years, then a new percentage of 48% would be a cause for alarm. Solvency Ratio is a key metric used to measure an enterprise’s ability to meet its debt and other obligations. The solvency ratio indicates whether a company’s cash flow is sufficient to meet its short-term and long-term liabilities. The lower a company’s solvency ratio, the greater the probability that it will default on its debt obligations. Solvency and liquidity are both terms that refer to an enterprise’s state of financial health, but with some notable differences. Solvency refers to an enterprise’s capacity to meet its long-term financial commitments. Liquidity refers to an enterprise’s ability to pay short-term obligations; the term also refers to its capability to sell assets quickly to raise cash. A solvent company is one that owns more than it owes; in other words, it has a positive net worth and a manageable debt load. On the other hand, a company with adequate liquidity may have enough cash available to pay its bills, but it may be heading for financial disaster down the road. Solvency and liquidity are equally important, and healthy companies are both solvent and possess adequate liquidity. A number of financial ratios are used to measure a company’s liquidity and solvency, the most common of which are discussed below. Liquidity Ratios Current ratio = Current assets / Current liabilities The current ratio measures a company’s ability to pay off its current liabilities (payable within one year) with its current assets such as cash, accounts receivable and inventories. The higher the ratio, the better the company’s liquidity position. Quick ratio = (Current assets – Inventories) / Current liabilities = (Cash and equivalents + Marketable securities + Accounts receivable) / Current liabilities The quick ratio measures a company’s ability to meet its short-term obligations with its most liquid assets, and therefore excludes inventories from its current assets. It is also known as the â€Å"acid-test ratio.† Days sales outstanding = (Accounts receivable / Total credit sales) x Number of days in sales DSO refers to the average number of days it takes a company to collect payment after it makes a sale. A higher DSO means that a company is taking unduly long to collect payment and is tying up capital in receivables. DSOs are generally calculated quarterly or annually. Solvency Ratios Debt to equity = Total debt / Total equity This ratio indicates the degree of financial leverage being used by the business and includes both short-term and long-term debt. A rising debt-to-equity ratio implies higher interest expenses, and beyond a certain point it may affect a company’s credit rating, making it more expensive to raise more debt. Debt to assets = Total debt / Total assets Another leverage measure, this ratio measures the percentage of a company’s assets that have been financed with debt (short-term and long-term). A higher ratio indicates a greater degree of leverage, and consequently, financial risk. Interest coverage ratio = Operating income (or EBIT) / Interest expense This ratio measures the company’s ability to meet the interest expense on its debt with its operating income, which is equivalent to its earnings before interest and taxes (EBIT). The higher the ratio, the better the company’s ability to cover its interest expense.