Assessment and Care Planning: Holistic Assessment

Introduction This essay deals with the holistic assessment of a patient who was admitted onto the medical ward where I undertook my placement. Firstly, the relevant life history of the patient will be briefly explained. Secondly, the Roper, Logan and Tierney model of nursing that was used to assess the care needs of the patient will be discussed, and then the assessment process will be analysed critically. Identified areas of need will be discussed in relation to the care given and with reference to psychological, social, and biological factors as well as patho-physiology. Furthermore, the role of inter-professional skills in relation to care planning and delivery will be analysed, and finally the care given to the patient will be evaluated. Throughout this assignment, confidentiality will be maintained to a high standard by following the Nursing and Midwifery Council (NMC) Code of Conduct (2008). No information regarding the hospital or ward will be mentioned, in accordance with the Data Protection Act 1998. The pseudonym Kate will be used to maintain the confidentiality of the patient.The PatientKate, a lady aged 84, was admitted to a medical ward through the Accident and Emergency department. She was admitted with asthma and a chest infection. She presented with severe dyspnoea, wheezing, chest tightness and immobility. Kate is a patient known to suffer from chronic chest infections and asthma, with which she was diagnosed when she was young. She takes regular bronchodilators and corticosteroids in the form of inhalers and tablets. Kate lives on her own in a one bedroom flat. She has a daughter who lives one street away and visits her frequently. Her daughter stated that Kate has a very active social life; she enjoys going out for shopping using a shopping trolley.Assessment of the PatientAssessment TheoryIn this ward, the Roper, Logan and Tierney model of nursing, which reflects on the twelve activities of living, is used as a base for assessing patients (Alabaster 2011). These activities are â€Å"maintaining safe environment, communication, breathing, eating and drinking, elimination, personal cleansing and dressing, controlling body temperature, mobility, working and playing, sexuality, sleeping, and dying† Holland (2008, p.9). Elkin, Perry and Potter (2007) outlined nursing process as a systematic way to plan and deliver care to the patient. It involves four stages: assessment, planning, implementation and evaluation. Assessment is the first and most critical step of the nursing process, in which the nurse carries out a holistic assessment by collecting all the data about a patient (Alfaro-Lefevre 2010). The nurse uses physical assessment skills to obtain baseline data to manage patients’ problems and to help nurses in the evaluation of care. Data can be collected through observation, physical assessment and by interviewing the patient (Rennie 2009). A complete assessment produces both subjective and objective findings (Wilkinson 2006). Holland (2008) defines subjective data as information given by the patient. It is obtained from the health history and relates to sensations or symptoms, for example pain. Subjective data also includes biographical data such as the name of the patient, address, next of kin, religion etc. Holland defines objective data as observable data, and relates it to signs of the disease. Objective data is obtained from physical examination, for example of blood pressure or urine. Before assessment takes place, the nurse should explain when and why it will be carried out; allow adequate time; attend to the needs of the patient; consider confidentiality; ensure the environment is conducive; and consider the coping patterns of the patient (Jenkins 2008). The nurse should also introduce herself to help reduce anxiety and gain the patient’s confidence. During assessment, the nurse needs to use both verbal and non-verbal communication. Using non-verbal communication means that she should observe the patient, looking at the colour of the skin, the eyes, and taking note of odour and breathing. An accurate assessment enables nursing staff to prioritise a patient’s needs and to deal with the problem immediately it has been identified (Gordon 2008). Documentation is also very important in this process; all information collected has to be recorded either in the patient’s file or electronically (NMC, 2009b).Carrying out the AssessmentKate was allocate d a bed within a four-bed female bay. Her daughter was with her at the bedside. Gordon (2008) stated that understanding that any admission to hospital can be frightening for patients and allowing them some time to get used to the environment is important for nursing staff. Kate’s daughter was asked if she could be present while the assessment was carried out, so that she could help with some information, and she agreed. Alfaro-Lefevre (2008) recommended that nursing assessments take place in a separate room, which respects confidentiality, and that the patient be free to participate in the assessment. Although there was a room available, Kate’s daughter said it was fine for the assessment to take place at the bedside because her mother was so restless and just wanted to be next to her. The curtains were pulled around the bed, though William and Wilkins argued that it ensures visual privacy only and not a barrier to sound. NMC (2009a) acknowledges this, along with the n eed to speak at an appropriate volume when asking for personal details to maintain confidentiality. The assessment form that was used during Kate’s assessment addressed personal details and the twelve activities of living. A moving and handling assessment form was also completed because of her immobility. First, personal details such as name, age, address, nickname, religion, and housing status were recorded. Information was also recorded about any agency involved, along with next of kin and contact details, and details of the general practitioner. Holland (2008) stated that these details should be accurate and legible so that, in case of any concerns about the patient, the next of kin can be contacted easily. The name and age are also vital in order to correctly identify the patient to avoid mistakes. Knowing what type of a job the patient does or the type of the house she lives in helps to indicate how the patient is going to cope after discharge. Holland also insisted that religion should be known in case the patient would like to have some privacy during prayers, and thi s should be included in the care plan. The second assessment to be done focused on physical assessment and the activities of living. Barrett, Wilson and Woollands (2009) suggested that when enquiring about the activities of living, two elements should be addressed: usual and current routines. Additionally, identifying a patient’s habits will help in care planning and setting goals. During physical assessment, when objective data was collected, Kate demonstrated laboured and audible breath sounds (wheezing) and breathlessness. Use of accessory muscles and nose flaring was also noted. She was agitated and anxious. Her vital signs were: blood pressure 110/70; pulse 102 beats /min; respirations 26/min; temperature 37.4 degrees Celsius; oxygen saturation 88%; peak flow 100 litres; weight 60kg; and body mass index 21. Taking and recording observations is very important and is the first procedure that student nurses learn to do. These observations are made in order to detect any signs of deterioration or progress in the p atient’s condition (Field and Smith 2008). Carpenito-Moyet (2006) stated that it is important to take the first observations before any medical intervention, in order to assist in the diagnosis and to help assess the effects of treatment. Kate’s initial assessment was carried out in a professional way, taking account of the patient’s particular circumstances, anxieties and wishes. After the baseline observations were taken, the twelve activities of living were analysed and Kate’s needs were identified. Among the needs identified, breathing and personal hygiene (cleansing) will be explored.Identified Care NeedsBreathingWilkinson (2006) states that a nursing diagnosis is an account about the patient’s current health situation. The normal breathing rate in a fit adult is 16-20 respirations/minute, but can go up to 30 due to pain, anxiety, pyrexia, sepsis, sleep and old age (Jenkins 2008). In old people, muscles become less efficient, resulting in increasing efforts to breathe, causing a high respiratory rate. On assessment, Kate’s problem was breathing that resulted in insufficient intake of air, due to asthma. She was wheezing, cyanosed, anxious and had shortness of breath. Wilkinson (2006) explained that a goal statement is a quantifiable and noticeable criterion that can be used for evaluation. The goal statement in this case would be for Kate to maintain normal breathing and to increase air intake. The prescription of care for Kate depended on the assessment, which was achieved by monitoring her breathing rate, rhythm, pattern, and saturation levels. These were documented hourly, comparing the readings with initial readings to determine changes and to report any concerns. The other part of the plan was to give psychological care to Kate by involving her in her care and informing her about the progress, in order to reduce anxiety. Barrett, Wilson and Woollands (2012) stated that it is very important to give psychological care to patients who are dyspnoeic because they panic and become anxious. Checking and recording of breathing rate and pattern is very important because it is the only good way to assess whether this patient is improving or deteriorating, and it can be a very helpful method for nurses to evaluate whether or not the patient is responding to treatment (Jamieson 2007). Mallon (2010) stated that, if the breathing rate is more than 20, it indicates the need for oxygen. Blows (2001), however, argued that this can happen even after doing exercise, not only in people with respiratory problems. Griffin and Potter (2006) stated that, respirations are normally quiet, and therefore if they are audible it indicates respiratory disease. Nurses needs to be aware of these sounds and what they mean, for example a wheezing sound indicates bronchiole constriction. Kate’s breathing was audible and the rate was also above normal and that is why breathing was prioritised as the first need. Oxygen saturation level was also monitored with the use of a pulse oximeter. The normal saturation level is 95-99% (British National Formulary ((BNF)) 2011a). Nevertheless the doctor said that 90-95% was fine for Kate, considering her condition and her age. Kate was started on two litres of oxygen and she maintained her oxygen saturation between 90 and 94%. The peak expiratory flow was monitored and recorded to identify the obstructive pattern of breathing that takes place in asthma (Hilton, 2005). This is another method that is used to assess the effectiveness of the medication (inhalers) the asthmatic patient is taking, and this test should be carried out 20 minutes after medication is administered. It is the Trust’s policy to do hourly observations on patients who have had one, two or three abnormal readings, until readings return to normal. Kate was observed for any blueness in the lips and tongue and for oral mucosa as this could be a sign of cyanosis. All the prescribed nebulisers, inhalers, bronchodilators, corticosteroids, antibiotics and oxygen therapy were administered according to the doctor’s instructions. Bronchodilators are given to dilate the bronchioles constricted due to asthma, and corticosteroids reduce inflammation in the airway (BNF 2011b). Kate was also started on antibiotics to combat the infection because, on auscultation, the doctor found that the chest was not clear. Kate was nursed in an upright position using pillows and a profiling bed in order to increase chest capacity and facilitate easy respiratory function by use of gravity (Brooker and Nicol, 2011). In this position, Kate was comfortable and calm while other vital signs were being checked. Pulse rate and blood pressure were also being checked and recorded because raised pulse can indicate an infection in the blood.CleansingDue to breathlessness and loss of mobility it was difficulty for Kate to maintain her personal hygiene. Hygiene is the practice of cleanliness that is needed to maintain health, for example bathing, mouth washing and hair washing. The skin is the first line of defence, so it is vital to maintain personal cleansing to protect the inner organs against injuries and infection (Hemming 2010). Field and Smith (2008) stated that personal cleansing also stimulates the body, produces a sense of well-being, and enables nurses to assess the patient holistically. Personal hygiene is particularly important for the elderly because their skin becomes fragile and more prone to breaking down (Holloway and Jones 2005). Therefore this need was very important for Kate; she needed to maintain her hygiene as she used to, before she was ill. The goal for meeting this need was to maintain personal hygiene and comfort. The care plan prescribed involved first gaining consent from Kate, explaining what was going to be done. Hemming (2010) recommended that identifying the patient’s usual habit is very important because each individual has different ideas about hygiene due to age, culture or religion. Identifying usual habits helps individuals to maintain their social life if things are done according to their wishes. Though Hemming said all human beings need personal hygiene, Holland (2008) argued that it is important to ask patients how they feel about being cleaned, especially in private areas. Kate indicated that she didn’t mind being assisted with washing and dressing. She preferred washing daily, shower and a hair wash once a week, and a mouth wash every morning and before going to bed. Kate was assisted with personal care 5-10 minutes after having her medication, especially the nebuliser. Individuals with asthma experience shortness of breath whenever they are physically active (Ritz, Rosenfield and Steptoe 2010). After having medication Kate was able to participate during personal hygiene. According to NMC guidelines on confidentiality (2009a), privacy and dignity should be maintained when giving care to patients. Therefore, whenever Kate was being assisted with personal care, it was ensured that the screens were closed and she was properly covered. Field and Smith (2008) suggested that assisting a patient with personal hygiene is the time that nurses can assess the patient holistically. Since Kate was immobile, it was very important to check her pressure areas for any redness. She was also checked for any pallor, jaundice, cyanosis or dry skin that needed attention. The care was always carried out according to her wishes.The Role of Inter-Professional SkillsConsi dering Kate’s age and condition, she needed multi-professional teamwork. NMC (2008) encourages teamwork to maintain good quality care. Kate was referred to the respiratory nurse who is specialised in helping people with breathing problems. Since Kate was on oxygen since admission, the respiratory nurse taught her the importance of healthy breathing and taught her some breathing exercises to help wean her from oxygen. Kate was also referred to the physiotherapist who did breathing exercises with her. Kate was not able to walk without aid so she was also referred to the occupational therapy department to assess how she was going to manage at home, or if she required aids to help her manage the activities of living. Upon meeting together, all the multi-disciplinary team agreed that Kate needed a care package, as she could no longer live without care. She was referred to social services so that they could assess this aspect of Kate’s future. After one week Kate was medically fit but could not go home because she was waiting for the care package to be ready. Her nurse shared information with the multi-disciplinary team in order to establish continuity of care for Kate. The team prepared for her discharge: the occupational therapy staff went to visit her home to check if there was enough space for her walking frame; social services arranged for a care package; and her nurses referred her to the district nurse to help her with her medication and make sure it did not run out.OutcomeKate responded well to the medication she was prescribed; normal breathing was maintained, her respirations became normal, ranging from 18 to 20 respirations per minute, and her oxygen saturation ranged from 95% to 99%. Kate was able to wash and dress herself with minimal assistance. She was discharged on a continuous care package comprising care three times a day, and the district nurse helped her with the medication to control her asthma.Evaluat ionThe model of the twelve activities of living was followed successfully on the whole. The nurse collected subjective and objective data, allowing a nursing diagnosis to be formulated, goals to be identified and a care plan to be constructed and implemented. Privacy is very important in carrying out assessments, and this was not achieved fully in Kate’s assessment. However, this lower level of privacy has to be balanced against causing anxiety to the patient. Kate’s daughter thought that the bedside assessment would be more comfortable for her mother, and therefore cause least anxiety. This was very important because of the effects of potential panic on breathing; therefore, this was the correct balance to strike. A multi-disciplinary team was involved in meeting Kate’s care goals. This is a good example of the use of inter-professional skills, as a number of different departments were involved in creating and implementing the care plan. However, the system was not as efficient as it should have been: Kate spent unnecessary time in hospital after recovery because the care plan was not yet in place. Assessment can also take a long time, especially with the elderly who are usually slow to respond. Therefore, more time is needed to be sure that the necessary progress has been achieved before taking further steps. However, poor staffing also affects performance in this area, an observation supported by the Royal College of Nursing (2012). In conclusion, the assessment of this patient was completed successfully, and the deviation from best practice recommendations (the lower level of privacy) was justified by the clinical circumstances. Progress from assessment to care goals was good, and at this point an inter-disciplinary team was used successfully. However, the one flaw in this process was delays, caused partly by the difficulties of working across different departments, and partly, it seems, by staff shortages. Reference List Alabaster, C.S (2011) ‘Care and rehabilitation of people with long term conditions’ in Brooker, C. and Nicol, M. (eds) (2011) Alexander’s Nursing Practice (4th ed). London: Churchill Livingstone.. Chapter 32 Alfaro–LeFevre, R. (2008) Critical thinking and clinical judgment: A practical approach to outcome-focused thinking (3rd ed.). St. Louis, MO: Saunders. Barrett, D., Wilson, B. and Woollands, A. (2009) Care Planning: A Guide for Nurses (2nd ed). Harlow: Pearson Education. Chapter 2. Blows, W. T. (2001) The Biological Basis of Nursing: Clinical Observations. London: Routledge. British National Formulary (2011a) Oxygen. London: British Medical Association and the Royal Pharmaceutical Society of Great Britain. British National Formulary (2011b) Corticosteroids. London: British Medical Association and the Royal Pharmaceutical Society of Great Britain. Brooker, C. and Nicol, M. (eds) (2011) Alexander’s Nursing Practice (4th ed). London: Churchill Livingstone. Carpenito-Moyet, L. J. (2006) Handbook of Nursing Diagnosis (11th ed). Philadelphia: Lippincott. Doughty, L. and Lister, S. (eds) (2008) The Royal Marsden Hospital Manual of Clinical Nursing Procedures (student edition) (7th ed). Oxford: Wiley Blackwell. Elkin, M. K., Perry, A. G. and Potter, P. A. (2007). Nursing Interventions and Clinical Skills. Philadelphia: Mosby. Field, L. and Smith, B. (2008). Nursing Care (2nd ed). Harlow: Pearson Education. Gordon, M., (2008). Nursing Assessment and Diagnostic Reasoning. Philadelphia: F.A. Davis company. Griffin, A., Potter, P. (2006) Clinical Nursing Skills and Techniques (6th ed). Philadelphia: Mosby Hemming, L. (2010). ‘Personal Cleansing and Dressing’ in I. Peate (ed) Nursing Care and the Activities of Living. (2nd ed). Oxford: Wiley Blackwell. Chapter 9. Hilton, A. (2003) Fundamental Nursing Skills. London: John Wiley & Sons Holland, K., (2008) ‘An introduction to the Roper-Logan-Tierney model for nursing, based on Activities of Living’ in Holland, K., Jenkins, J., Solomon, J. and Whittam, S. (eds). Applying the Roper, Logan and Tierney Model in Practice. London: Churchill Livingstone. Chapter 1, pp.9-10. Holloway, S. and Jones, V. (2005). ‘The importance of skin care and assessment’ in the British Journal of Nursing Dec 2005-Jan 2006 14(22): 1172-6. Jamieson, E. Whyte, L. A. and McCall, J. A. (2002) Clinical Nursing Practices. London: Churchill Livingstone. Jenkins, J., (2008) ‘Breathing’ in Holland, K., Jenkins, J., Solomon, J and Whittan, S. (eds) Applying the Roper, Logan and Tierney Model in Practice. London: Churchill Livingstone. Chapter. 5. Mallon, S. (2010) ‘Breathing’ in I. Peate (ed) Nursing Care and the Activities of Living (2nd ed). Oxford: Wiley Blackwell. Chapter 8. Nursing and Midwifery Council (2008) The Code of Conduct. London: NMC. Available at: http://www.nmc-uk.org/Publications/Standards/The-code/Introduction/ Accessed 24/05/2012 Nursing and Midwifery Council (2009a) The Code of Conduct: Confidentiality. London: NMC. Available at: (http://www.nmc-uk.org/Nurses-and-midwives/Advice-by-topic/A/Advice/Confidentiality/) Accessed 24/05/2012 Nursing and Midwifery Council (2009b) Record Keeping: Guidance for Nurses and Midwives. London: NMC. Available at: http://www.nmc-uk.org/Documents/Guidance/nmcGuidanceRecordKeepingGuidanceforNursesandMidwives.pdf Accessed 24/5/2012 Rennie, I. (2009). ‘Exploring approaches to clinical skills development in nursing education’ in Nursing Times 105: 3, 20-22. Available at: http://www.nursingtimes.net/exploring-approaches-to-clinical-skills-development-in-nursing-education/1973990.article Accessed 14/05/2012 Ritz, T., Rosenfield, D. and Steptoe, A. (2010) ‘Physical activity, lung function, and shortness of breath in daily life of asthma patients’ in Chest 138(4), 913-918. Royal College of Nursing (2012) Safe staffing for older people’s wards. Available at: http://www.rcn.org.uk/__data/assets/pdf_file/0010/439399/Safe_staffing_for_older_people_V3.pdf Accessed: 24/05/2012 Wilkinson, J. M. (2006) Nursing Process and Critical Thinking. (4th ed). New Jersey: Pearson Prentice Hall.

Time-Filler Games for Every Classroom

Gender Socialization Essays - 1293 Words

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Determining Who Boy # 1 s Biological Parents Are With The...

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Regulation Of Financial Market Manipulation â€Myassignmenthelp.Com

Question: Discuss About The Regulation Of Financial Market Manipulation? Answer: Introduction The North v Marra Developments Ltd [1981] case sets precedence in the area of marketing manipulation. As the facts go, stockbrokers had brought proceedings against a client company claiming remuneration for services rendered. In their defence, the client company argued that the contract under which remuneration was being claimed was an illegal contract and as such, they should not be required to pay. With regard to the contract in question, the brokers had raised the market price of the client company shares to aid the client in a takeover bid for another company as well as to mitigate the defendants vulnerability to a takeover. The court held that contract and the subsequent actions of the parties amounted to an illegality and as such fees could not be recovered by the plaintiff(White Collar Crimes and Serious Fraud Conference, 2010). The following report has been commissioned to analyse the arguments and findings in the aforementioned case. It will highlight any breach of duties ou tlined in the case and discuss the rationale behind the Courts findings. Further, the study will investigate the contributions the decision has made toward the development of Australian Corporations Law thus far. An Examination for Breach of Duties and Responsibilities The following segment aims to examine obligations that may have been breached as presented in the arguments outlined in the case study. The prime statute relied on in the determination of this case was the Securities Industry Act 1970(NSW). The conduct of the parties in the case was found in contravention of the provisions of Section 70 of the Act 1970 which prohibited the creation of false or misleading appearances of active trading of securities in the bourse(Armson, 2009). This prohibition extended to the manipulation of the market price of the securities. Any person found in contravention of this provision would be held liable for a breach of duty not to create false trading. From the case study, it can be adduced that the scheme to reconstruct Marras share capital and subsequent transactions on the Sydney bourse were aimed at establishing a market for the defendant company at a price that would facilitate the takeover offer by Marra to another company. The deliberate agreement t o manipulate the share capital so as to paint a particular picture amounted to a breach of duty as per section 70 of the Securities Industry Act 1970 (NSW). Further, the Securities Industry Act 1970 (NSW) also prohibited market rigging by engaging, either directly or indirectly, in the transactions that affected the price of a class of shares so as to influence a trade in this class of shares. In the case study provided, Marra Developments Ltd was interested in engaging Scottish Australia Holdings Ltd for a takeover action. The market price of Marras shares as discussed in the case study was crucial to the completion of negotiations and the success of the offer. This is because the Scottish share price at the time of negotiations was high and it was likely that without the proposed share price a shareholder at Scottish would have fared much better trading on the market than accepting the takeover offer. As such, manipulating the share price was crucial to influencing the purchase and as it was deliberate this amounts to an outright breach of the duty against market rigging. With regard to current legislation, the parties in the case study provided would have been held liable for breach of s 1041A of the Corporations Act 2001 (Cth) which prohibits market manipulation by providing that individuals must not, either directly or otherwise, engage in transactions that would likely affect the pricing of financial products in the stock market by creating an artificial price(Wilson Burns, 2017). This breach of duty constitutes a criminal offence punishable by imprisonment of up to five years. In Director of Public Prosecutions v JM [2013] HCA 30, relying on the findings by Mason J in North v Marra [1987] and the provisions of s 1041A, the High Court of Australia found the actions of the defendant to be in breach of the provisions of statute and as such he was held guilty of market manipulation. The defendant had been brought before court on charges that he has conspired with his daughter and son in law to manipulate the trading price of X Ltd on the ASX. In addition to the contraventions illustrated above, the law also bestows certain obligations on company directors for which the actions of the parties in the case study herein amount to breach. Directors and other officers with controlling powers in an organisation must exercise their powers and execute their duties in a manner that adopts a reasonable degree of care and diligence(Langford, 2014). This is a fiduciary duty adopted into Australian Company law via the provisions of s 180 of the Corporations Act 2001 (Cth). In exercising this obligation, a director must demonstrate that any actions or inactions taken with regard to company affairs were rational and lack the element of material personal interest(ASIC, 2016). In the case study provided it is evident that albeit their intentions were for the overall benefit of the organisations, the transactions undertaken were illegal. A reasonable director or company official exercising due diligence and care would desist from any transa ction that would result in an illegality on the part of the company. As such, the directors and officers involved were in breach of their duty of care and diligence. A Critical Analysis of the Courts Decision Ultimately, the position of the Court, in this case, was that the appellants could not claim remuneration as the contract for which they had rendered their services was illegal. Stephen and Aickin JJ, having analysed the reasons for illegality provided by the respondent were convinced that the agreement and subsequent transactions of both parties constituted an illegality and such conduct was in contravention of section 70 of the Securities Industry Act 1970 (NSW). The judges stated that the conduct of the parties illuminated a conspiracy under common law which led to an offence as per s 70 described above. They, therefore, held that the appeal be dismissed as the amounts claimed could not be recovered on an illegality. In his determination, Mason J acknowledged the finding by Mahoney J.A at a prior hearing that the plaintiffs and defendants had conspired in a scheme to reconstruct Marras share capital and to establish a market for the companys stock by engaging in transactions on the stock exchange. This conclusion is supported by the discussion between Mr North from the appellant company and Mr Killen a director from the respondent company as well as the answers to the interrogatories. In the discussion, the parties expressly acknowledged that the purpose of the arrangement was to establish a market so as to subsequently boost the success of the takeover bid. Further, in his determination, Mason J upheld the finding of the previous court that the references in the documents prepared by the stockbroker company to the Stock Exchange with regard to the share price were misleading. In the documents in question, the intended price of $16.50 was quoted as the market value, market price and sale price on accession. However, these references lacked backing by way of disclosure ascertaining the companys operations in the market. In essence, Mason J agreed that this lack of disclosure was purposeful to mislead a reader as to the significance of the price in future transactions like the takeover bid. In his analysis and determination, Mason J assumed the objective of the provision of s 70 of the Securities Act to be the protection of the securities market against any activity that would constitute artificial or calculated manipulation. In his view, manipulation would pervert the market price as it ceases to be a result of the interchange between genuine market forces(McIntyre, 2014). As such, this provision was a statutory measure to ensure a real and genuine securities market. He further held that mere calculation to create a false or misleading appearance accounting to breach; activities did not necessarily have to create the breach outlined. As such, culpable manipulation is determined by the intent to engage in an activity that would constitute a false appearance(Horefield, 2007). Guided by this analysis the court was, therefore, able to come to the conclusion that the appellants could not claim a recovery of costs for services rendered as their actions amounted to an illegality by virtue that they were a contravention of section 70 of the Securities Industry Act 1970 (NSW). The Relevance of the Decision to the Development of Australian Corporations Law As aforementioned, the North v Marra Developments Ltd [1981] case set precedence in corporate law and regarded as a leading case in issues of price manipulation and false trading. The holding in the case has been adopted in subsequent cases and its principles reiterated in subsequent legislation. The Corporations Act 1989, under s 997, provided a prohibition against stock market manipulation. This provision, in essence, adopted themes from the conclusions drawn in North v Marra Developments Ltd [1981] and similar prior cases such as Cargill Inc v Hardin {1971] USCA8 443. The current legislation, the Corporations Act 2001 (Cth) maintains the principles upheld in the case via a prohibition on market manipulation and false trading provided for under ss 1041A and 1041B of the Act. The provisions of the aforementioned statute have been further developed through judicial interpretation evinced in case law. Cases such as ASIC v Soust [2010] FCA 68 relied on the rationale adopted in the case in question to analyse and determine the concept of artificial price with regard to price manipulation. In this case, a company director had purchased shares in his mothers name prior to close of the market for the year in anticipation of increasing the share price in order to earn a larger bonus under his employment contract(Inhouse Legal, 2017). The court found the director in contravention of ss1041A and 1041B of the Corporations Act guided by the reasoning in North v Marra Developments Ltd [1987] with regard to interpreting the concept of artificial price. Similarly, in Director of Public Prosecutions v JM [2013] HCA 30, the court relied on the rationale in North v Marra Developments Ltd [1987] to interpret the concept of genuine supply and demand.(Carter Newell Lawyers, 2013) As held by Mason J, this notion excludes parties whose transactions are aimed at setting or maintaining the share price. As such, the actions of the defendant in the case could not qualify as genuine as they were aimed at creating an artificial price. He was therefore found to be in contravention of s1041A of the Act 2001 (Cth). Conclusion From the discourse above it is evident that the main issue outlined in the North v Marra Developments Ltd [1981] case was the creation of false or misleading appearances in order to manipulate the price of securities. In this case, the stockbroking company laid claim to costs for services rendered to Marra Developments for a transaction culminating in a takeover contract. The Court in its deliberations upheld that the conduct of the parties amounted to a contravention of s 70 of the Securities Industry Act 1970 (NSW) as they have purposefully engaged in transactions that affected the market price of the companys shares in order to influence the success of a takeover bid with another company. This contravention further amounts to a breach of duty as illustrated above. Additionally, the discussion illustrated how the principles highlighted by Mason J in the case have affected the development of Corporations Law in Kenya. The case is considered a leading precedent in false trading and p rice manipulation cases. Further, the principles have been maintained and incorporated in subsequent statutes such as ss 1041A and 1041B of the Corporations Act 2001 (Cth). Therefore these illustrations, as discussed above, illustrate the significance of the holding in this case to Australian Corporations to date. References Armson, E., 2009. False Trading and Market Rigging. s.l., business Law Teachers Association Conference. ASIC v Soust (2010) FCA 68. ASIC, 2016. Directors-What are My Duties as A Director?. [Online] Available at: https://asic.gov.au/regulatory-resources/insolvency/insolvency-for-directors/directors-what-are-my-duties-as-a-director/ [Accessed 3 February 2017]. Cargill Inc v Hardin (1971) USCA8 443. Carter Newell Lawyers, 2013. What Amounts to artificial market manipulation of share prices. [Online] Available at: https://www.carternewell.com/page/Publications/Archive/What_amounts_to_artificial_market_manipulation_of_share_prices/ [Accessed 19 September 2017]. Corporations Act 1989 Corporations Act 2001 (Cth) Director of Public Prosecutions (Cth) (DPP) v JM (2013) HCA 30. Horefield, D., 2007. Review of Sanctions for Breaches of Corporate Law. Sydney: Securities Derivatives Industry Association. Inhouse Legal, 2017. Compliance: Theory and Practice in the Financial Services Industry. [Online] Available at: https://www.inhouselegal.com.au/Compliance_Course/lecture_4.htm [Accessed 19 September 2017]. Langford, R. T., 2014. Director's Duties: Principles and Application. s.l.:Federation Press. McIntyre, G., 2014. Reforming the Regulation of Financial accounting Market Manipulation, s.l.: University of Sydney. North v Marra Developments Pty Ltd (1981) HCA 68. Securities Industry Act 1970 (NSW) White Collar Crimes and Serious Fraud Conference, 2010. Insider Trading and Market Manipulation. s.l., New Zealand Governance Centre. Wilson, J. Burns, A. G., 2017. Stock Market Manipulation Trials: Avoiding the Traps, s.l.: Denv

Lord Of The Flies By William Golding Essays (1137 words) - Fiction

Lord Of The Flies By William Golding The classic novel Lord of the Flies by William Golding is an exciting adventure deep into the nether regions of the mind. The part of the brain that is suppressed by the mundane tasks of modern society. It is a struggle between Ralph and Jack, the boys and the Beast, good and evil. The story takes a look at what would happen if a group of British school boys were to become stranded on an island. At first the boys have good intentions, keep a fire going so that a passing ship can see the smoke and rescue them, however because of the inherent evil of the many the good intentions of the few are quickly passed over for more exciting things. The killing of a pig slowly begins to take over the boys life, and they begin to go about this in a ritualistic way, dancing around the dead animal and chanting. As this thirst for blood begins to spread the group is split into the "rational (the fire-watchers) pitted against the irrational (the hunters) (Dick 121)." The fear of a mythological "beast" is perpetuated by the younger members of the groups and they are forced to do something about it. During one of the hunters' celebrations around the kill of an animal a fire-watcher stumbles in to try and disband the idea of the monster. Caught of in the rabid frenzy of the dance, this fire-watcher suddenly becomes the monster and is brutally slaughtered by the other members of the group. The climax of the novel is when the hunters are confronted by the fire-watchers. The hunters had stole Piggy's (one of the fire-watchers) glasses so that they may have a means of making a cooking fire. One of the more vicious hunters roles a boulder off of a cliff, crushing Piggy, and causing the death of yet another rational being. The story concludes with the hunters hunting Ralph (the head and last of the fire-watchers). After lighting half of the island on fire in an attempt to smoke Ralph from his hiding place, they chase him on to the beach only to find a ships captain and crew waiting there to rescue them, because he saw the smoke. The novel is packed full of symbolism and irony. Golding also communicates his message quite well. "The title refers to Beelzebub, most stinking and depraved of all the devils: it is he, and not the God of Christians, who is worshipped (Burgess 121)." This is just one of the many examples of symbolism. Another would be that as the story progressed characters names slowly begin to change. A pair of twin boys, Sam and Eric, became know as Samneric, a single unit. Another boy completely forgot his name because he was just lumped into the group know as the little'uns. This is symbolic of the break down of the basic structure of society, identity. If a person does not know who he is then he can never function properly in society. The other tool that Golding uses very well is irony. It is very ironic that the group of boys finally get rescued because they accidentally lit the island on fire hunting down the last of the fire-watchers. From these example it is easy to make a conclusion on the message the William Golding was trying to convey when he wrote Lord of the Flies. "In Lord of the Flies he [Golding] showed how people go to hell when the usual social controls are lifted, on desert islands real or imaginary (Sheed 121)." Despite being heavily involved in the war efforts during the second world war, Golding managed to not become a war novelist, this does however, somewhat explain why most of the conflicts in his books are basic struggles between people. "He [Golding] entered the Royal Navy at the age of twenty-nine in December 1940, and after a period of service on mine sweepers, destroyers, and cruisers, he became a lieutenant in command of his own rocketship (Baker xiii)." So many of the authors of his time used the war as the back ground or main conflict in their books, but not Golding, he is able to use the war as his inspiration and write about the most primitive and basic struggles that man has. One must not think that Golding did not go unchanged from the war, because analysis of his pre-war poetry shows a much softer, more forgiving Golding. Golding's basic philosophy can be

The eNotes Blog 5 Greek Love Myths and How to Apply Them toReality

5 Greek Love Myths and How to Apply Them toReality Though the Ancient Greeks didn’t celebrate Valentine’s Day, their myths are full of romance. Take a leaf out of their book this February 14th (or maybe don’t). 1. Apollo and Daphne: Don’t chase - it’ll work out better for everyone. Virtuous maiden Daphne was wandering around in the wilderness when the sun god Apollo showed up. He toppled head-over-heels in love, and she toppled head-over-heels trying to get away. He took off after her, and unfortunately for Daphne, she wasn’t winning. Instead of conceding defeat, at the last minute she asked her dad, a local river god, to turn her into a tree. Problem solved. Sort of. 2. Zeus and Io: Cheaters are cows - literally. One day Zeus took a fancy to the lovely mortal Io. Hera, the ever-suspicious wife of Zues, came down to investigate. In a burst of quick thinking, Zeus turned Io into a heifer (so as to be caught with a cow rather than a woman). Hera saw through this and asked for the cow as a present. Io was handed over and made to wander the deserts of the world mooing. So, ladies, no matter what he says, he’s never actually going to leave his wife- and you’ll probably end up a cow and have to trek all the way to Egypt before you finally get turned back into a human. 3. Echo and Narcissus: Some people just like to listen to themselves talk. Echo was a nymph with a problem. She couldn’t hold a conversation to save her life, probably because she couldn’t speak except to repeat the very last words that someone else had said. It’s not surprising she chose the self-absorbed Narcissus as the perfect partner, since he liked nothing better than to listen to himself talk. But it wasn’t to be. It turned out that Narcissus had rejected one too many suitors of his own, and the god of revenge made sure Narcissus learned a lesson: after falling hopelessly in love with his own unattainable reflection, Narcissus wasted away to nothing. Echo disappeared with him, leaving only her voice behind. 4. Orpheus and Eurydice: Have something good? Take it and run. Don’t look back. Picture a rockstar, but in Ancient Greece. Swap his guitar for a harp, leather pants for robes of white, and hair gel forwell, nothing. But you get the picture. That’s Orpheus. Things actually seemed to be going well for him and the lovely Eurydice, until she got bitten by a snake and that was it for her. Off to the Underworld. Orpheus, however, wasn’t going to take no for an answer. He finagled an audience with Hades and sang his way to a get-out-of-jail-free card for Eurydice. There was only one condition: he couldn’t look at her until he got her out of the realm of the dead. You can guess what happened. Back to the Underworld. He tried to sing her out again, but they’d already heard that tune. No luck for Orpheus. 5. Odysseus and Penelope: Don’t lose faith - he or she is still out there! Odysseus and Penelope fell in love and married. Ah, you think you see something bad coming, but you’re wrong. Well. Not entirely wrong. Odysseus did get drafted into the ten year Trojan War. And while he was gone Penelope did have to fend off an army of greedy suitors who wanted her hand in marriage. And it did take Odysseus ten extra years to get home. But they were reunited after twenty years and, after Odysseus slaughtered all Penelope’s suitors, they lived happily ever after.