Social Fashion Application Coursework Example | Topics and Well Written Essays - 1250 words

Social Fashion Application - Coursework Example The essay "Social Fashion Application" concerns the design and fashion. This section covers prototyping and storyboarding as the participatory design techniques which provides an opportunity for the designers and users to work together during the development period. The benefits of such an approach include: a) Requirements are likely to be more accurate thus improving the system quality, b) Can help avoid certain costly application features which users might not be in need of, c) Helps improve the acceptance level of the product. A prototype refers to an application which is rapidly implemented and constitutes only a small section of the expected functionality of the full application. It is intended to help elicit for requirements by giving the involved team a chance to get early feedback relating to their ideas. Other than freezing system requirements before design or coding activities can continue, a throwaway prototype should be built to understand the requirements. The developmen t of the prototype will be based on the requirements known at present. Use of the developed prototype gives the clients an opportunity to actually â€Å"feel† the application. Prototyping would be ideal for a large application as this one because of the absence of an existing system to help in establishing the requirements. The prototype will not be a complete system and will not contain most of the details. It will just give a system which has overall functionality. Other than the active involvement of users during development .and providing an opportunity for the identification of difficult or confusing functions, exposure of end users to the built software prototype also provides an avenue for identification and correction of errors at an earlier stage thus avoiding rework at later dates. However, this approach has the risk of increasing an application’s complexity as the scope of the application can go beyond the initial plans The reason why the prototype model wou ld be appropriate for the Social Fashion Application is that the targeted users need to interact a lot with the desired application. The web interfaces in this application, requires a great level of interaction with the targeted users. Building an application which requires limited training and able to support ease of use among users would take a lot of time in case the development team ignores this model. Story Boards Storyboarding refers to a reiterative and interaction design method which employs a set of pictures or sketches in demonstrating the end to end solution towards a given task scenario. (CRM, 2006) Storyboarding is helpful in exploring potential experiences prior to investing in software development and as well as understanding the human context within which the application will be used. It can be useful in discovering the best design approach being that it is an earlier process thus reducing the development cost (What are Story Boards Good for?) The storyboards can be better alternatives compared to use cases, user stories or task scenarios because the preparation of any of the documents can always be frustrating then possibly end in a software product that is not satisfactory. Also, they can be used to complete the any of the business requirements documents mentioned above. Stories work effectively in the software world for being able to help the

Leadership Movie Review Example | Topics and Well Written Essays - 1000 words

Leadership - Movie Review Example The fact that he and his men were wiped out eventually may be considered immaterial if one chose to look at it in terms of the leadership he displayed. In the film, Leonidas and his troop do not seem intimidated by the apparent strength of the opposing group. They look inspired and driven by a sense of self-belief? They are fighting for a purpose and will not stop at anything to defend their kingdom from external aggression. They are undeterred and willing to pay any price to defend their territory from foreign oppression by the Persians. Discussion It takes extraordinary leadership to venture into certain things. Leonidas must be an extraordinary leader to make his 300 men believe that they could be victors in a battle against 300 men. Kouzes and Posner (2012) outline certain five practices of exemplary leadership in any organization. An exemplary leader models the way. They have the quality of personal credibility. They inspire others to believe in their abilities. They stand up for what they believe in. Leonidas stands against oppression of the Spartans by the Persians. He certainly understands that the inner belief is superior to physical strength at the battlefront. He makes 300 men believe in him, and they line up against 300000 men. According Kouzes and Posner (2012), a leader models the way by building and affirming certain shared values that are embraced by all. Leonidas and his men share the belief that Greece should never be invaded by foreigners who would end up oppressing the Spartans. They fight for a common cause. The second practice of an exemplary leader comes out naturally at this point. It involves inspiring a shared vision.

Introduction Of Computer Virus

Introduction Of Computer Virus Computer Virus is a program that copies itself, Computer virus can infect your computer and slowing down your computer. And virus also can spreads computer to computer. The person who sends out the computer virus may use networking of the internet. The computer virus also can be spread by via disk, CD, thauDVD or flash drive or other devices. Usually, a virus is written to target a network file system or shared filet in order to spread from computer to computer using network. Worm or Trojan is slightly different from another virus it appears harmless, This is the type of virus which enters the programs exploits security hothatmay have spread through other networks or Internet users. Computer virus are usually small, which are design to spread from one computer to other computer and to enter and interfere Computer operation. Virus might corrupt your windows or might delete the important data on your computer, Normaly virus can be spread through e-mails program to other computer which can even delete everything on the hard disk. Often Computer viruses can be spread by attachments by e-mail massages or even can be instant massaging . that is why must never one a email which we dont know where it came from and who send it we may never know it could be virus. Virus can be as attachments of funny images or video or files it can spread when u download to your computer from the internet. HOW COMPUTER VIRUSES WORK Virus can infect a small section of software or it will be there when the user open the program or runs the programs . It could be attached word or excel or other software programs it can be in any form or in any types of files. Email viruses are totally different from the virus which uses email to infect computers. An attachment or files in a email that open or download from your email will be launch infection allowing to spread. An email virus cannot ifnfect your compur unless the malicious file is open. A virus called Trojans can work by claiming a game file or other file to get inside.It could then erase the content that stored on your hard drive or other drives. Trojans do not replicate like a virus but worms is able to attack the security holes and then replicate in the network to spread to other computer which uses network. COMPUTER IFFECTION first thing you might not realize win32, kido, conficker, trojans orviruses have not got into your computer if u dont have Internet Security and other antivirus software.the ability of the program to get inside an operation system undetected . Depending on the infection, you may be greeted with a black or blue screen when the OS is unable to load; you will not be able to access any files, documents or other information on the computer. If there is only one file infected, the computer may not be able to open the file . when shut down you may get massages that a program is still running but the program may have numbers and letters only. IT is most often not a program that you recongnise, even though it might state it is in the part of a system operation. Task manager is to stop the program without result since the virus,trojan or malicious entity has the control it to continue the infecting the computer until it has run its course,rendering your computer ineffective. WAYS TO SOLVE COMPUTER VIRUSES THE WAYS TO PROTECT YOUR COMPUTER Understanding what is virus and how is works the first step to obtaining the necessary protection of computer . Computer with the latest window. Window 7 have firewall , security updates / patches and windowa Defender.These devices are the first thing to protect your computer and they work as PC virus protection, but that is not enough to stop all the problems. You need to find additional antivirus protection. Antivirus software such as Mac antivirus or Windows 7 antivirus are further protection programs that will stop computer viruses. They are a second line of defence, if you will. Antivirus software tends to block holes left by PC virus protection. Hackers that encounters antivirus software will have to work harder to get through with thei computer viruses. Therefore you need not to worry about spending a lot of money for your anti-virus now day there many free anti-virus which can download in a secure web site which keeps your computer protected. There many free anti-virus which is designed to automatic run an initial scan of the computer to see if your computer is effected. It will then remove any infections you might have. It may be unable to remove the entire infection, in which case it will quarantine the virus in a place where it can no longer affect other files on your computer. It will also try to repair any damage. Other Protection Methods By Downloading any antivirus software helps, But there is also other measures your own to keep malicious viruses. First thing never open an email attachment if u canà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢t identify the sender and also have your our own antivirus software runs a scan on the attachment in the event that the senderà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s computer has been infected. Second, do not download any items from a site you do not trust or that does not have the secured server symbol a lock. Download only files you recognize, including music, movies and other online media. Third, set up your wireless network security and obtain a mobile antivirus. An unsecure Internet connection is an invitation to hackers to try to download malicious threats. A mobile antivirus is also set up for wireless networks, whereas other antivirus software is meant for secured connections. TYPE OF VIRUSES Resident Viruses This type of virus is a permanent which dwells in the RAM memory. From there it can overcome and interrupt all of the operations executed by the system: corrupting files and programs that are opened, closed, copied, renamed Direct Action Viruses The main purpose of this virus is to replicate and take action when it is executed. When a specific condition is met, the virus will go into action and infect files in the directory or folder that it is in and in directories that are specified in the AUTOEXEC.BAT file PATH. This batch file is always located in the root directory of the hard disk and carries out certain operations when the computer is booted. Overwrite Viruses Virus of this kind is characterized by the fact that it deletes the information contained in the files that it infects, rendering them partially or totally useless once they have been infected. The only way to clean a file infected by an overwrite virus is to delete the file completely, thus losing the original content. Examples of this virus include: Way, Trj.Reboot, Trivial.88.D. Boot Virus This type of virus affects the boot sector of a floppy or hard disk. This is a crucial part of a disk, in which information on the disk itself is stored together with a program that makes it possible to boot (start) the computer from the disk. The best way of avoiding boot viruses is to ensure that floppy disks are write-protected and never start your computer with an unknown floppy disk in the disk drive. Examples of boot viruses include: Polyboot.B, AntiEXE. Macro Virus Macro viruses infect files that are created using certain applications or programs that contain macros. These mini-programs make it possible to automate series of operations so that they are performed as a single action, thereby saving the user from having to carry them out one by one. Examples of macro viruses: Relax, Melissa.A, Bablas, O97M/Y2K. Directory Virus Directory viruses change the paths that indicate the location of a file. By executing a program (file with the extension .EXE or .COM) which has been infected by a virus, you are unknowingly running the virus program, while the original file and program have been previously moved by the virus. Once infected it becomes impossible to locate the original files. PICTURE CONCLUSION To keep our computer safe we need to anti à ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬ virus programs that stores the definition known as virus and malware program. To keep our anti-virus active we need to update and scan our computer every time we use computer. Now it should be clear that how important to use a computer and keep it safe from viruses. and u should always full scan your computer for virus to prevent the loss of data. when ever u use a pendrive or external hard disk you must scan for viruses to keep your computer safe. 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The Count Of Monte Cristo: Revenge :: essays research papers

The Count of Monte Cristo: Revenge The Story of Edmond Dantà ¨s, the Sailor, who Becomes the Rich & Powerful Count of Monte Cristo and Takes Revenge on all his Enemies. Chesky Hoffman June 17, 1996 Dr. Goodale In this essay I will show how Edmond Dantes punishes his four enemies with relation to their specific ambitions. Edmond is sent to jail due to his enemies' jealousy. After he escapes he becomes rich and powerful and gets back at them. Before I relate to you how Dantes gets back at his enemies I would like to familiarize you with the story. The story describes the life of its main character Edmond Dantes. He is promoted to captain of his ship. This promotion ignites the jealousy of his fellow shipmate Danglars. Dantes is then falsely accused of being a Bonapartist. This means he sides with Napoleon Bonaparte and is committing treason against his own king. He is sent to a prison called the Chà ¢teau d'If. The Chà ¢teau d'If was surrounded by water and was known as a place of no return. When Dantes escapes, he takes revenge against his four enemies who conspired against him to send him to prison, in the manner of an eye for and eye. These four conspirators are Danglars, Caderousse, Fernand Mondago, and Villefort. In order to take revenge on his four enemies, Dantes uses a variety of names and disguises. The main new identity he uses for himself is The Count of Monte Cristo. Danglars, as mentioned above, was the Count's shipmate when his name was still Edmond Dantes. When Edmond went to jail, Danglars ran away and became very rich. Caderousse was a tailor. He was also the Count's father's landlord and once the count was sent to prison, Caderousse allowed Dantes' father to starve to death. Fernand Mondago was in love with the count's fiancee Mercà ©des. When the Count was sent to jail Fernand married her on the pretext that the count would not return. These three enemies all got together one night and were all responsible for writing an incriminating letter about the Count to his fourth enemy, Monsieur De Villefort, who was the city's temporary prosecutor at the time. He was responsible for the actual sending of the Count to prison.   Ã‚  Ã‚  Ã‚  Ã‚  After the Count escaped from prison, he discovered that all his enemies had moved to Paris. He became acquainted with people from that city and eventually moved there so that he could have his revenge. The revenge taken on Danglars matches the crime which he committed toward the Count. When Danglars wrote the incriminating letter about the Count, calling him a Bonapartist, his

Articles 1817-1841

Art. 1817. Any stipulation against the liability laid down in the preceding article shall be void, except as among the partners. Stipulation eliminating liability. If there is a stipulation exempting any of the partners from liability to third persons, such stipulation is void as to third person but valid among the partners. Art. 1818.Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership, unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority.An act of a partner which is not apparently for the carrying on of the business of the partnership in the usual way does not bind the partnership unless authoriz ed by the other partners. Except when authorized by the other partners or unless they have abandoned the business, one or more but less than all the partners have no authority to: (1)Assign the partnership property in trust for creditors or on the assignee’s promise to pay the debts of the partnership; (2)Dispose of the goodwill of the business; (3)Do any other act which would make it impossible to carry on the ordinary business of a partnership; (4)Confess a judgment; 5)Enter into a compromise concerning a partnership claim or liability; (6)Submit a partnership claim or liability to arbitration; (7)Renounce a claim of the partnership. No act of a partner of contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction. Mutual agency rule. Each partner is acting as a principal on his own behalf, and as an agent for his co-partners or the firm. Instances when a partnership is bound. a. )When he is expressedly or impliedly authorized. b. When he acts in behalf and in the name of the partnership. Art. 1819. Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner’s act binds the partnership under the provisions of the first paragraph of Article 1818, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority.Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of the first paragraph of Article 1818.Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners’ act does not bind the partnership under the provisions of the first paragraph of Article 1818, unless the purchaser of his assignee, is a holder for value, without knowledge.Where the title to real property is in the name of all the partners, a conveyance executed by all the partners passes all their rights in such property. Registration of real property belonging to the partnership. a. )Partnership b. )All of the partners c. )One, some, or not all of the partners d. )One, some, or not all of the partners in trust for the partnership e. )Third person in trust for the partnership Effect of conveyance of real property of the partnership.The effect of conveyance of real property owned by the partnership depends in whose name the property is registered and conveyed. The conveyance made by a pa rtner in the name of the registered owner passes title to the property. However, if the conveyance is made in any other manner and not in the name of the registered owner, it is only the equitable interest of the partnership that is transferred provided the conveyance is in the ordinary course of business. In legal parlance, equitable interest of beneficial nterest refers to â€Å"all interest which the partnership had, except the title†. Art. 1820. An admission or representation made by any partner concerning partnership affairs within the scope of his authority in accordance with this Title is evidence against the partnership. Admission after dissolution. Admission made after dissolution of the partnership binds the partnership only if necessary to wind up the business. Where the admission is not for the winding up of partnership affairs, it does not affect the partnership.An admission made by a former partner, made after he has retired from the partnership, is not an evide nce against the firm. Art. 1821. Notice to any partner of any matter relating to partnership affairs, and the knowledge of the partner acting in the particular matter, acquired while a partner or then present to his mind, and the knowledge of any other partner who reasonably could and should have communicated it to the acting partner, operate as notice to or knowledge of the partnership, except in the case of a fraud on the partnership, committed by or with the consent of that partner. Art. 1822.Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his co-partners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefore to the same extent as the partner so acting or omitting to act. Liability of partnership for torts of partners. a. )The wrongful act or omission is committed in the ordinary course of the bus iness of the partnership, or if not, the act or omission was made with the consent or authority of the other partner; b. That the loss or injury is caused to a person who is not a partner in the partnership. When the partnership and the other partners are not liable. a. )If the wrongful act or omission was not done within the scope of the partnership business and for its benefit, or with the authority of the co-partners. b. )Act or omission was not wrongful. c. )If the wrongful act or omission was committed after the partnership had been dissolved and the same was not in connection with the process of winding up. Art. 1823.The partnership is bound to make good the loss: (1)Where one partner acting within the scope or his apparent authority receives money or property of a third person and misapplies it; and (2)Where the partnership in the course of its business receives money or property of a third person and the money or property so received is misapplied by any partner while it is in the custody of the partnership. Art. 1824. All partners are liable solidarily with the partnership for everything chargeable to the partnership under Articles 1822 and 1823. Art. 1825.When a person, by words spoken or written or by conduct, represents himself, or consents to another representing him to anyone, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such person to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership, and if he has made such representation or consented to its being made in a public manner he is liable to such person, whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made: (1)When a partnership liability results, he is liable as though he were an actual member of th e partnership; (2)When no partnership liability results, he is liable pro rata with the other persons, if any, so consenting to the contract or representations as to incur liability, otherwise separately. When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. When all the members of the existing partnership consent to the representation, a partnership act or obligation results; but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the representation. Estoppel.It is a preclusion in law, which prevents a man from alleging or denying a fact, in consequence of his own previous act, allegation or denial of a contrary tenor. Partners by estoppel dis tinguished from partnership by estoppel. When a person represents himself as a partner in an existing partnership without the knowledge or consent of the partners, and because of such misrepresentation a third person is misled and acts because of such misrepresentation, the deceiver is a partner by estoppel. If the partnership and the partners consented to the misrepresentation, and a partnership liability results, there is a partnership by estoppel, with the original members and the deceiver as partners.If the partnership or the partners had not consented, no partnership liability results, but the deceiver is still considered a partner by estoppel with all the obligations but not the rights of a partner. Art. 1826. A person admitted as a partner into an existing partnership is liable for all the obligations of the partnership arising before his admission as though he had been a partner when such obligations were incurred, except that this liability shall be satisfied only out of pa rtnership property, unless there is a stipulation to the contrary. Liability of newly admitted partner for obligations of the partnership. a. )Obligations incurred before admission. A newly admitted partner is liable for obligations of the partnership incurred before his admission to the firm.Such liability is limited to his capital contribution, unless otherwise agreed. b. )Obligations incurred after admission. If the obligation incurred after his admission, all partners, the original and the new partner shall be liable to the extent of their separate property in satisfying such obligation of the partnership. Creation of a new partnership. The admission of a new partner in an existing partnership dissolves the old firm and creates a new one. However, the creditors of the old firm shall continue to be creditors of the new firm. Art. 1827. The creditors of the partnership shall be preferred to those of each partner as regards the partnership property.Without prejudice to this right, the private creditors of each partner may ask the attachment and public sale of the share of the latter in the partnership assets. CHAPTER 3 DISSOLUTION AND WINDING UP Art. 1828. The dissolution of a partnership is the change in the relation of the partners caused by any partner ceasing to be associated in the carrying on as distinguished from the winding up of the business. Dissolution, winding-up, termination defined. Dissolution – is the change in the relation of the partners caused by any partner ceasing to be associated in carrying out the business. Winding-up – is the process of settling business affairs after dissolution. Termination – is the point in time after all the partnership affairs have been settled. Art. 1829.On dissolution the partnership is not terminated, but continues until the winding up of partnership affairs is completed. Effect of dissolution. After dissolution, the authority of a partner to bind the partnership is thereby terminated, exc ept those necessary to wind-up partnership affairs The Civil Code expressly provides that upon dissolution, the partnership continues and its legal personality is retained until the complete winding up of its business, culminating in its termination. Art. 1830. Dissolution is caused: (1)Without violation of the agreement between the partners: (a)By the termination of the definite term or particular undertaking specified in the greement; (b)By the express will of any partner, who must act in good faith, when no definite term or particular undertaking is specified; (c)By the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts, either before or after the termination of any specified term or particular undertaking; (d)By the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners; (2)In contravention of the agreement between the partners , where the circumstances do not permit a dissolution under any other provision of this article, by the express will of any partner at any time; (3)By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership; (4)When a specific thing, which a partner had promised to contribute to the partnership, perishes before the delivery; in any case by the loss of the thing, when the partner who contributed it having reserved the ownership thereof, has only transferred to the partnership the use or enjoyment of the same; but the partnership shall not be dissolved by the loss of the thing when it occurs after the partnership has acquired the ownership thereof. (5)By the death of any partner; (6)By the insolvency of any partner or of the partnership; (7)By the civil interdiction of any partner; (8)By decree of court under the following article. (1700 and 1701a) Art. 1831.On application by or for a partner, the court sh all decree dissolution whenever: (1)A partner has been declared insane in any judicial proceeding or is shown to be of unsound mind; (2)A partner becomes in any other way incapable of performing his part of the partnership contract; (3)A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business; (4)A partner willfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him; (5)The business of the partnership can only be carried on at a loss; (6)Other circumstances render a dissolution equitable; On the application of the purchaser of a partner’s interest under Article 1813 or 1814: (1)After the termination of the specified term or particular undertaking; (2)At anytime if the partnership was a partnership at will when the interest was assigned or when the cha rging order was issued. Art. 1832.Except so far as may be necessary to wind up partnership affairs or to complete transactions begun but not then finished, dissolution terminates all authority of any partner to act for the partnership: (1)With respect to the partners, (a)When the dissolution is not by the act, insolvency or death of a partner; or (b)When the dissolution is by such act, insolvency or death of a partner, in cases where Article 1833 so requires; (2)With respect to persons not partners, as declared in Article 1834. Effects of dissolution. When the partnership is dissolved, the authority of a partner to bind the partnership is thereby terminated, except those necessary to wind up partnership affairs.Hence, contracts and obligations previously entered into, whether the firm is the creditor or debtor, remain to exist. Art. 1833. Where the dissolution is caused by the act, death or insolvency of a partner, each partner is liable to his co-partners for his share of any liabi lity created by any partner acting for the partnership as if the partnership had not been dissolved unless: (1)The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution; or (2)The dissolution being by the death or insolvency of a partner, the partner acting for the partnership had knowledge or notice of the death or insolvency. Art. 1834.After dissolution, a partner can bind the partnership, except as provided in the third paragraph of this article: (1)By any act appropriate for winding up partnership affairs or completing transactions unfinished at dissolution; (2)By any transaction which would bind the partnership if dissolution had not taken place, provided the other party to the transaction; (a)Had extended credit to the partnership prior to dissolution and had no knowledge or notice of the dissolution; or (b)Though he had not so extended credit, had nevertheless known of the partnership prior to dissolution, and, having no knowledge or notice of dissolution, the fact of dissolution had not been advertised in a newspaper of general circulation in the place (or in each place if more than one) at which the partnership business was regularly carried on.The liability of a partner under the first paragraph, no. 2, shall be satisfied out of partnership assets alone when such partner had been prior to dissolution: (1)Unknown as a partner to the person with whom the contract is made; and (2)So far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree due to his connection with it. The partnership is in no case bound by any act of a partner after dissolution: (1)Where the partnership is dissolved because it is unlawful to carry on the business, unless the act is appropriate for winding up partnership affairs; or (2)Where the partner has become insolvent; or 3)Where the partner has no authority to wind up partnership affairs; except by a transaction with one who – (a)Had extended credit to the partnership prior to dissolution and had no knowledge or notice of his want of authority; or (b)Had not extended credit to the partnership prior to dissolution, and, having no knowledge or notice of his want of authority, the fact of his want of authority has not been advertised in the manner provided for advertising the fact of dissolution in the first paragraph, no. 2 (b). Nothing in this article shall affect the liability under Article 1825 of any person who after dissolution represents himself or consents to another representing him as a partner in a partnership engaged in carrying on business. Art. 1835.The dissolution of the partnership does not of itself discharge the existing liability of any partner. A partner is discharged from any existing liability upon dissolution of the partnership by an agreement to that effect between himself, the partnership creditor and the person or partnership continuing the business; and such agreement may be inferred from the course of dealing between the creditor having knowledge of the dissolution and the person or partnership continuing the business. The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner, but subject to the prior payment of his separate debts. Art. 1836.Unless otherwise agreed, the partners who have not wrongfully dissolved the partnership or the legal representative of the last surviving partner, not insolvent, has the right to wind up the partnership affairs, provided however, that any partner, his legal representative or his assignee, upon cause shown, may obtain winding up by the court. Art. 1837. When dissolution is caused in any way, except in contravention of the partnership agreement, each partner, as against his co-partners and all persons claiming through them in respect of their interests in the partnership, unless otherwise agreed, may hav e the partnership property applied to discharge its liabilities, and the surplus applied to pay in cash the net amount owing to the respective partners.But if dissolution is caused by expulsion of a partner, bona fide under the partnership agreement and if the expelled partner is discharged from all partnership liabilities, either by payment or agreement under the second paragraph of Article 1835, he shall receive in cash only the net amount due him from the partnership. When dissolution is caused in contravention of the partnership agreement the rights of the partners shall be as follows: (1)Each partner who has not caused dissolution wrongfully shall have: (a)All the rights specified in the first paragraph of this article, and (b)The right, as against each partner who has caused the dissolution wrongfully, to damages for breach of the agreement. 2)The partners who have not caused the dissolution wrongfully, if they all desire to continue the business in the same name either by the mselves or jointly with others, may do so, during the agreed term for the partnership and for that purpose may possess the partnership property, provided they secure the payment by bond approved by the court, or pay to any partner who has caused the dissolution wrongfully, the value of his interest in the partnership at the dissolution, less any damages recoverable under the second paragraph, no. 1 (b) of this article, and in like manner indemnify him against all present or future partnership liabilities. (3)A partner who has caused the dissolution wrongfully shall have: (a)If the business is not continued under the provisions of the second paragraph, no. , all the rights of a partner under the first paragraph, subject to liability for damages in the second paragraph, no. 1 (b), of this article. (b)If the business is continued under the second paragraph, no. 2, of this article, the right as against his co-partners and all claiming through them in respect of their interests in the pa rtnership to have the value of his interest in the partnership, less any damage caused to his co-partners by the dissolution, ascertained and paid to him in cash, or the payment secured by a bond approved by the court, and to be released from all existing liabilities of the partnership; but in ascertaining the value of the partner’s interest the value of the goodwill of the business shall not be considered. Art. 1838.Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled: (1)To a lien on, or right of retention of, the surplus of the partnership property after satisfying the partnership liabilities to third persons for any sum of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him; (2)To stand, after all liabilities to third persons have been satisfied, in the place of the creditors of the partnership for any payments made by him in respect of the partnership liabilities; and (3)To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership. Art. 1839. In settling accounts between the partners after dissolution, the following rules shall be observed, subject to any agreement to the contrary: (1)The assets of the partnership are: a)The partnership property (b)The contributions of the partners necessary for the payment of all the liabilities specified in no. 2. (2)The liabilities of the partnership shall rank in order of payment, as follows: (a)Those owing to creditors other than partners. (b)Those owing to partners other than for capital and profits. (c)Those owing to partners in respect of capital. (d)Those owing to partners in respect of profits. (3)The assets shall be applied in the order of their declaration in no. 1 of this article to the satisfaction of the liabilities . (4)The partners shall contribute, as provided by Article 1797, the amount necessary to satisfy the liabilities. 5)An assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in the preceding number. (6)Any partner on his legal representative shall have the right to enforce the contributions specified in no. 4, to the extent of the amount which he has paid in excess of his share of the liability. (7)The individual property of a deceased partner shall be liable for the contributions specified in no. 4. (8)When partnership property and the individual properties of the partners are in possession of a court for distribution, partnership creditors shall have priority on partnership property and separate creditors on individual property, saving the rights of lien or secured creditors. 9)Where a partner has become insolvent or his estate is insolvent, the claims against his separate property shall rank in the fo llowing order: (a)Those owing to separate creditors; (b)Those owing to partnership creditors; (c)Those owing to partners by way of contribution. Share of industrial partner out of surplus. A partner who contributes no capital, but only services is not entitled to any share in the firm capital on dissolution, but is limited to his share in profits as compensation for his services. Art. 1840. In the following cases creditors of the dissolved partnership are also creditors of the person or partnership continuing the business: (1)When any new partner is admitted into an existing partnership, or when ny partner retires and assigns (or the representative of the deceased partner assigns) his rights in partnership property to two or more of the partners, or to one or more of the partners and one or more third persons, if the business is continued without liquidation of the partnership affairs; (2)When all but one partner retire and assign (or the representative of a deceased partner assigns ) their rights in partnership property to the remaining partner, who continues the business without liquidation of partnership affairs, either alone or with others; (3)When any partner retires or dies and the business of the dissolved partnership is continued as set forth in nos. and 2 of this article, with the consent of the retired partners or the representative of the deceased partner, but without any assignment of his right in partnership property; (4)When all the partners or representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership; (5)When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of Article 1837, second paragraph, no. 2, either alone or with others, and without liquidation of the partnership affairs; (6)When a partner is expelled and the remaining partners continue the business either alo ne or with others without liquidation of the partnership affairs. The liability of a third person becoming a partner in the partnership continuing the business, under this article, to the creditors of the dissolved partnership shall be satisfied out of the partnership property only, unless there is a stipulation to the contrary.When the business of a partnership after dissolution is continued under any conditions set forth in this article the creditors of the dissolved partnership, as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner, have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business, on account of the retired or deceased partner’s interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property. Nothing in this article shall be hel d to modify any right of creditors to set aside any assignment on the ground of fraud. The use by the person or partnership continuing the business of the partnership name, or the name of a deceased partner as part thereof, shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership. Art. 1841. When any partner retires or dies, and the business is continued under any of the conditions set forth in the preceding article, or in Article 1837, second paragraph, no. , without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such person or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or at his option, or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership; provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the retired or deceased partner, shall have priority on any claim arising under this article, as provided by Article 1840, third paragraph. When right to accounting accrues. The right to an accounting accrues on the date of dissolution in the absence of contrary agreement. Persons entitled to accounting. a. )Any partner. b. )Legal representative of a partner. Against whom right is exercised. a. )Winding up partner. b. )Surviving partner. c. )The person or partnership continuing the business.

Ethics

Ethics 101 1. 1 background and development of theoretical ethical approaches Deontological Theory The deontological theory state that the consequences or outcomes of actions are not important, what actually matter is that the actions are morally Justified. For example drunken driving is wrong, now if a person argues that he safely navigated his way back home and for that reason he/she should not be held accountable by law, they are wrong because their action was wrong in the first place and was breaking the basic principle for morally correct behaviour that a person should not drive while being drunk.The contribution of Immanuel Kant towards development of Deontological theory Immanuel Kant proposes that in taking a decision â€Å"Duty' carries the foremost importance. Kant is of the view that a person's actions will only be regarded as morally and ethically correct when they are taken keeping in mind the sense of duty and responsibility in mind. Teleological Ethical Theory The tele ological ethical theory put the primary focus on the â€Å"Consequences† i. e. â€Å"What are those actions that produce the best possible results†?Along with attaching importance to the consequences the teleological theory also suggests that the ecisions framework that is developed for achieving the desired consequences should also be managed with care. Consequentialist Theory According to the â€Å"Consequentiality Theory', the basis for determining how moral a person's actions are the consequences. The consequences of actions can be good or bad, and they can be damaging or favourable. The contribution of Jeremy Bentham towards development of a person's actions can be a classified as good or bad depending on what consequences the action has produced.According to Bentham's opinion the good things are classified as â€Å"pleasure† and the bad ones as pain†. (http://www. studymode. com/) 1. 2 Absolute ethics has only two sides: Something is good or bad, bl ack or white. Some examples in police ethics would be unethical behaviours such as bribery, extortion, excessive force, and perjury, which nearly everyone would agree are unacceptable behaviours by the police. Relative ethics is more complicated and can nave a multitude ot sides witn varying shades ot gray . What is considered ethical behaviour by one person may be deemed highly unethical by someone else.The Absolutist theory is the theory that certain things are right or wrong from an bjective point of view and cannot change according to culture. Certain actions are intrinsically right or wrong, which means they are right or wrong in themselves. This is also known as deontological. The relativist theory is the theory that there are no universally valid moral principles. All principles and values are relative toa particular culture or age. Ethical relativism means that there is no such thing as good â€Å"in itself†, but if and action seems good to you and bad to me, that is it, and there is no objective basis for us to discover the truth.This theory is also known as teleological. An example of an absolutist ethical system would be if a single mother with a very young child had no money and therefore no food to feed the child, and she stole some food from the shop and the mother was caught and had a trial, an absolutist would argue that its morally wrong to steal and should suffer the consequences of the crime. They don't take into account the situation the person might be in and use an absolute law. However, this is in contrast to the alternative ethical system, called â€Å"relativist†, because this system is really the complete opposite.Again I'll use the same example s I did for absolutist. If a relativist was looking at this they would take into consideration the situation the woman might be in and empathize with her and try to find an outcome that is the most fair. One reason to support the absolutist approach as the only defensible approac h is that it provides Justification for acting which means that morality seems to demand some sort of obligation. If there's a fixed moral code then there is no obligation to act in a way. Another strength is that it gives clear guidelines, which basically means the rules are fixed and clear to apply. () 1. 3 Ethics refers to a prescribed or accepted code of conduct. Ethical issues are a set of moral values that need to be addressed while carrying out business. Businesses operate in a society that is structured around moral values. Therefore, when conducting its operations, a business has certain responsibilities which are to provide the society with quality goods and services that will improve the people's living standards. In order to survive, a business needs to maintain its customers. Product packaging is one way of ensuring a business maintains its existing customers and also acquire ew customers.Some companies are known to allow underweight packaging of products which are then highly priced and this is a rude way of increasing profits. However this negative trend will affect the business in the long run as customers will eventually come to learn that they are being swindled. In an attempt to boost sales, some businessmen adapt promotional method mislead customers as the message conveyed may not give the exact details of the product. Businesses should desist from increasing prices without valid reasons. In doing so, they will be taking advantage of the customer and this is unethical.Businessmen should also desist from taking part in corrupt practices such as selling low standard goods while bribing government officials in order to continue operating. Entrepreneurs should consider the effects of their activities on the society they serve. In the long run, wrong dealings and corruption will tarnish the image of the business and have a negative effect on sales. Business people ought to comply with the law requirements and observe laid down principles of mora lity in their dealings. They should seriously consider expectations of the community they serve. (    Ethics Table of Contents Therapeutic Patient Relationships Overview Since the sass, ethics has been incorporated into virtually every aspect of the health care system. Because of such a small time window, the study of ethics in a medical perspective continues to change and improve for the benefit of the patient. Studies of doctor-patient relationships Indicate the need of greater ethical study and intervention.Studies show that although many physicians are aware that a romantic r sexual relationship Is unethical, as many as nine percent believe that the ethics depends on the situation (Reese, 2012). Often, an abuse in the doctor-patient relationship does not occur because of a lack in educational skills. Rather, abuse in the doctor/patient is attributed to flaws, or loopholes, in the rules of ethics and law (Subplots et al, 2010). Continued research of the most recent ethical framework can begin lowering any chance of unprofessional.In order to have a successful patient relationship, a phys ician must understand and respect the barriers in place. This session will take a look at ethics. Participants will assess their own ethical principles and apply the concepts they've learned to problems in ethical communication and/or conduct in the workplace. Behavioral Objectives Intended to inform the physician on the definition of ethics Clarify the nature of the ethical responsibilities held in common by current and prospective physicians. Identifies ethical considerations relevant to physicians Recognize different situations containing unethical conduct.Gain the knowledge on how to respond to in situations that require ethical decision-making. Apply the incept of good ethical behavior in their current practice. Outline of Training Session I. Introduction:What is ethics? Ethics refers to a framework of discipline from a branch of philosophy, in which ideas of right and wrong, virtue and vice, and good and evil, are all examined systematically (salvoes & Meyer, 1990). II. Compon ents of Ethics Participants will know basic history, definition, and examples of ethics. A.Ethical Framework – before we can manage ethical dilemmas in the health care setting, we must understand examples of ethical principle, as well as our own, to avoid any conflict of interest. . Self-Assessment Culture Values Beliefs Ideas 2. Continuous Regulation Self-control Trustworthiness Professionalism Education Intervention B. Understand the Significance of Ethics 1. Factors That Improve Ethical Conduct a. Public view c. School curriculum d. Government regulations 2. Factors That Require Ethical Behavior a. Provide company guideline for ethical behavior b.Teach the company's guidelines importance c. Describe punishments for unethical conduct C. Review Examples of Unethical/Ethical Conduct IV. Class Activity – Ethics Assessment V. Effectively practice effective ethical communication A. Understand the needs of the recipient D. Ensuring the message considers the common good E. Continue to interpret for conflicts of interest F. Consider the consequences of each message 1. Is this message mutually valuable? 2. Is this message violating confidentiality of another person? Is this message questionable to your professionalism? . VI. Class Discussion VII Summary of Training Session VIII Conclusion Literature Review: Where the Patient Relationship Ends Dry A, a 49 year-old gynecologist, was treating a 36 year-old female patient, Ms B, for chronic vaginal yeast infections. He described her as being seductive during the husband. Dry A found himself feeling very sympathetic towards her and began scheduling longer patient appointments so he could provide some therapy for her as well as assessing and treating the vaginal complaints for which she ostensibly saw him.He would hold her hand while she talked about her difficult situation at home. This decent down the ‘slippery slope' progressed into hugging, and then kissing at the end of the session. He recognized t hat he was feeling lonely and not having regular sexual relations with his wife. Dry A even noted that his wife was inorganic as though her condition was in some way an excuse to progress to a sexual relation with the patient) (Gabbed & Hobby, 2012). The first time that Dry A and Ms B had sexual relations was after hours in his office.This sexual encounter consisted of mutual oral sex. The meetings were set up during appointments in the office, usually at the end of the day. He finally ended these contacts when he felt the encounters were no longer gratifying to him. In addition, he was worried about being caught and that others would not understand his reasons for departing from the usual procedures (Gabbed & Hobby, 2012). Following the filing of a complaint by the patient, Dry A was sent for evaluation.When asked directly he thought he had harmed the patient, Dry A responded that he felt he had actually helped her by his sexual involvement with her (Gabbed & Hobby, 2012). Introduc tion This physician, Dry A, failed to recognize the unethical conduct he was committing in the obvious power differential with the patient, Ms B. Dry A failed to recognize that a patient is paying for his expertise for the treatment of a disease or ailment, and not a relationship of conscious feelings.If Dry A had greater understanding regarding the ethical principle of the doctor/patient relationship, Dry A may have been able to make a more rational decision so this situation never occurred; likewise, if Ms B had more understanding of the ethical principle prior to her first appointment, Ms B may have had the knowledge to evade Dry Ass advances. In summary, the doctor and the patient should be educated on ethical conduct before the doctor-patient relationship is formed to avoid situations, like the example.Studies show that although many physicians are aware that a romantic or sexual relationship is unethical, as many as nine percent believe that the ethics depends on he situation (Reese, 2012). The American Medical Association (AMA) states that prior doctor/patient relationships can influence the patient's treatment and that such a relationship is unethical if the doctor â€Å"uses or exploits trust, knowledge, emotions or influence derived from the previous professional relationship† (American Code of Medical Ethics, 2012).The Mama's use of â€Å"prior relationship† leaves wiggle room for the â€Å"it's complicated† answer, which over one third of the physicians had answered to the question, â€Å"Is it acceptable to become involved romantic or sexual relationship with a patient? In Medicare's 2012 ethics survey (Reese, 2012). Could it be that the and Ms B are aware of the rules but chose in proceeding to break the barriers of the doctor/patient relationship because â€Å"it's complicated? † The â€Å"it's complicated† answer may originate from feelings from the physician to do anything possible to treat the patient.One s tudy on therapists, explains that the therapists would get sexually involved relationships with suicidal borderline patients in order to save the patient from suicide (Gabbed & Hobby, 2012). This ration is flawed, however, because the physician, like Dry A, should have continued to worked to attain the nature of the intended relationship as clearly therapeutic with any potential unexpected circumstances, which is the idea behind the entire therapeutic process (Crower, Belly & Subplots, 2010).A professional needs to self-regulate their internal drives and thoughts in the absence of clear standards or unexpected circumstances, such as that of a suicidal patient whom is not responding to evidence- based treatment (Crower, Belly & Subplots, 2010). This is critical because usually a patient will give up his or her own autonomy to respect the decision of a paternalistic physician (Shari, Samara, Arachnids, 2013).Not to say this approach to a doctor/ patient is unethical, but it can leave room for unethical conduct if the physician cannot control his or her internal drives or thoughts. Patients, like Miss B, need doctors that are competent in all areas of their profession. The study of ethics in undergraduate courses and medical school curriculum is still improving; consequently, it should continuously be assessed in terms of content, educational methods, and change in behavior, and be revised accordingly (Shari, Samara, Arachnids, 2013).Within only the past 20 years or so, medical schools have gun incorporating ethics as its own respective subject (Houghton, Sparks & Chadwick, 2010). The introduction of ethics in to medical undergraduate curriculum has met resistance, however, because it is evolving constantly and some believe ethical topics are redundant or impossible to be taught (Houghton, Sparks & Chadwick, 2010).Once a few generations of physicians are educated, they can begin teaching newer generations from first hand experience to ensure they are fully compet ent, rather than trainers teaching the instructors (Shari, Samara, Arachnids, 2013). Ethics, according to James S. Recourse (2003), â€Å"refers to a field of inquiry, or discipline, in which matters of right and wrong, good and evil, virtue and vice, are systemically examined (p. 49).Professional ethics is described by Craven & Hiring (2009) as involving â€Å"principles and values universal application and standards of conduct to be upheld in all situations (p. 76). The traditional principles that provided the moral grounding for the protection on human subjects in the United States began forming in the sass (Faded, Sass, ethical concern has been to protect patients from injury, risk, abuse, and unjust orders of medical research (Faded, Sass, Goodman, Provosts, Tunis & Bà ©chamel, 2013).There has been an importance in our society of forming a Just health care system, which is guided by principles of healthcare ethics that include benefice, non- maleficent, respect for autonomy, and Justice (Craven & Hiring, 2008). Physicians, nurses, and other members of the health care team have been developing codes of ethics in order to sustain a Just health care system.Faded, Sass, Goodman, Provosts, Tunis & Bà ©chamel (2013) propose a framework that consists of seven ethical obligations, they include: ) to respect the rights and dignity of patients; 2) to respect the clinical Judgment of clinicians; 3) to provide optimal care to each patient; 4) to avoid imposing monomaniacal risks and burdens on patients; 5) to reduce health inequalities among populations; 6) to conduct responsible activities that foster learning from clinical care and clinical information; and 7) to contribute to the common purpose of improving and quality and value of clinical care and health systems (p. ). Most frameworks regarding medical ethics loosely follow these seven steps. Frameworks in ethics provide a systematic way to decide what's right from wrong in a rarity of assigned priorities th at are goal emphasized (Craven & Hiring, 2008). All members of the health care team have a framework, and they can find it resembles this model. Several issues of unethical conduct in the health care setting can arise if ethical principle is ignored.The following are a few debated matters of medical ethical principle that occurs in the health care setting: physician-assisted suicide (Glover, 2010), clinical trials (Barton & Ugly, 2009), bribes/gifts from patients (Sash & Fug- Barman, 2013), patient abuse, sexual comments/actions toward patient (Crower, Belly & Subplots, 2010), confidentiality (Craven & Hiring), and financial interests (Reed, Mueller, & Brenna, 2013). While some subjects such as euthanasia (physician- assisted suicide) may have different labels of good or bad from different people, other subjects such as sexual patient abuse is generally discovered by most of society.While ethical principle of that society on certain principles might change at the about the same rate medical technology changes, it is still important for any health care worker to keep these principles in mind. Since the implementation of medical ethics is relatively new, changes are rapidly occurring in medical education curriculum as well as the workforce. Evidence shows, the effects of the teaching of medical ethics causes greater ethical sensitivity in the clinical setting (Crower, Belly & Subplots, 2010). However, there are still many cases in which medical ethics education does not have an impact.As the progression of ethics continues in the health care setting, evaluation of medical ethics teaching is vital. Research by Shari, Samara, and Arachnids (2013) finds that matching education is successful, and not a waste of human or financial resources. The Institute of Medical Ethics recommends a pyramid of increasing levels of education, they include: knowledge, habituation, and action (Crower, Belly & Subplots, 2010). The idea is to have medical students think critically abou t historical precedents and future situations involving ethical dilemmas, then put into practice the best consideration.The most important thing teaching ethics gives to medical students is awareness (Crower, Belly & Subplots). With practicing physicians, it is important to continue education on professionalism because doing so shows its significance as a competency (Reed, Mueller, & Brenna, 2013). As introductory and continuing teaching methods are evaluated and improved, future medical students can become more ethically sensitive in their communication and actions. References AMA Code of Medical Ethics. Opinion 8. 14 sexual misconduct in the practice of medicine. Http://www. AMA-assn. Org/AMA/pub/physician-resources/medical-ethics/ code-medical-ethics/opinion. Page Accessed November 3, 2012. Shari, F. , Samara A. & Arachnids, A. (2013). Medical ethics course for undergraduate medical students: A needs assessment study. Journal Of Medical Ethics & History Of Medicine, 6(1) Barton, E. , & Ugly, S. 2009) Ethical or unethical persuasion? The rhetoric of offers to participate in clinical trials. Written Communication, 26(3), 295-310 Craven, R. F. & Hiring C. J. (2008). Fundamentals of nursing: Human health and function, 6th. Liposuction Williams & Wilkins Inc.Philadelphia, PA. 76-77. Crower, M. , Belly, S. , & Subplots F. (2010) Abuse of the doctor-patient relationship. London: Royal College of Psychiatrists. Faded, R. , Sass, N. , Goodman, S. , Provosts, P. , Tunis, S. , & Beach, T. (2013). An ethics framework for a learning health care system: A departure from traditional research ethics and clinical ethics. The Hastings Center Report, Spec Noses-ASS Gabbed, G. 0. , & Hobby, G. S. (2012). A psychoanalytic perspective on ethics, self- deception and the corrupt physician. British Journal Of Psychotherapy, 28(2), 235-248. Glover, P.C. (2010) Physician-assisted suicide is unethical. Greengages Press. Recourse, J. S. (2003). Communication ethics. Management Communic ation: A Case- Analysis Approach. 2nd. New Jersey: Pearson Education. Professionalism challenges and opportunities. Minnesota Medicine, 96(1 1), 44-47 Reese, S. (2012). When is it okay to date a patient? Netscape ethics report 2012. Netscape, http://www. Educate. Com/vertically/774295. Sash, S. & Fug-Barman, A (2013 Physicians under the influence: Social psychology and industry marketing strategies. Journal Of Law, Medicine & Ethics. 41 (3), 665-672.Attachment: Principles of Medical Ethics Revised and adopted by the AMA House of Delegates (June 17, 2001) l. A physician shall be dedicated to providing competent medical care, with compassion and respect for human dignity and rights. II. A physician shall uphold the standards of professionalism, be honest in all professional interactions, and strive to report physicians deficient in character or impotence, or engaging in fraud or deception, to appropriate entities. Ill. A physician shall respect the law and also recognize a responsibil ity to seek changes in those requirements, which are contrary to the best interests of the patient. ‘ IV.A physician shall respect the rights of patients, colleagues, and other health professionals, and shall safeguard within the constraints of the law. V. A physician shall continue to study, apply, and advance scientific knowledge; maintain a commitment to medical education; make relevant information available to tenets, colleagues, and the public; obtain consultation; and use the talents of other health professionals when indicated. VI. A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care VI'.A physician shall recognize a responsibility to participate in activities contributing to the improvement of the community and the betterment of public health. As paramount. ‘X. A physician shall support access to medical care for all peo ple. Source: Code of Medical Ethics: In-Hand Activity: Ethics Self-Assessment The American College of Healthcare Executives (ACHE) made this survey so you can identify areas of ethical practice in which you are weak or strong. For each question, identify one of the five answers that is best suited to you.The ACHE does not believe in a numbered final score, because it is not a tool for evaluating ethical behavior of others. The number that corresponds with each response simply helps you uncover any areas of concern that may require the need for enhancement in some of your current ethical practice. Almost Never Occasionally Usually 4 5 Always Not Applicable 2 I. Leadership 3 I take courageous, consistent and appropriate management actions to overcome barriers to achieving my organization's mission. I place community/patient benefit over my personal gain.I strive to be a role model for ethical behavior. I work to ensure that decisions about access to care are based primarily on medical necessity, not only on the ability to pay. My statements and actions are consistent with professional ethical standards, including the ACHE Code of Ethics. Circumstances would allow me to confuse the issues I advocate ethical decision making by the board, management team and medical staff. I use an ethical approach to conflict resolution. I initiate and encourage discussion of the ethical aspects of management/financial issues.I initiate and promote discussion of controversial issues affecting community/patient health (e. G. , domestic and community violence and decisions near the end of life). I promptly and candidly explain to internal and external stakeholders negative economic trends and encourage appropriate action. I use my authority solely to fulfill my responsibilities and not for self-interest or to further the interests of family, friends or associates. When an ethical conflict confronts my organization r me, I am successful in finding an effective resolution process and ensure it is followed.I demonstrate respect for my colleagues, superiors and staff. I demonstrate my organization's vision, mission and value statements in my actions. I make timely decisions rather than delaying them to avoid difficult or politically risky choices. I seek the advice of the ethics committee when making ethically challenging decisions. My personal expense reports are accurate and are only billed to a single organization. I openly support establishing and monitoring internal mechanisms (e. G. , an ethics committee or program) to Ethics Ethics 101 1. 1 background and development of theoretical ethical approaches Deontological Theory The deontological theory state that the consequences or outcomes of actions are not important, what actually matter is that the actions are morally Justified. For example drunken driving is wrong, now if a person argues that he safely navigated his way back home and for that reason he/she should not be held accountable by law, they are wrong because their action was wrong in the first place and was breaking the basic principle for morally correct behaviour that a person should not drive while being drunk.The contribution of Immanuel Kant towards development of Deontological theory Immanuel Kant proposes that in taking a decision â€Å"Duty' carries the foremost importance. Kant is of the view that a person's actions will only be regarded as morally and ethically correct when they are taken keeping in mind the sense of duty and responsibility in mind. Teleological Ethical Theory The tele ological ethical theory put the primary focus on the â€Å"Consequences† i. e. â€Å"What are those actions that produce the best possible results†?Along with attaching importance to the consequences the teleological theory also suggests that the ecisions framework that is developed for achieving the desired consequences should also be managed with care. Consequentialist Theory According to the â€Å"Consequentiality Theory', the basis for determining how moral a person's actions are the consequences. The consequences of actions can be good or bad, and they can be damaging or favourable. The contribution of Jeremy Bentham towards development of a person's actions can be a classified as good or bad depending on what consequences the action has produced.According to Bentham's opinion the good things are classified as â€Å"pleasure† and the bad ones as pain†. (http://www. studymode. com/) 1. 2 Absolute ethics has only two sides: Something is good or bad, bl ack or white. Some examples in police ethics would be unethical behaviours such as bribery, extortion, excessive force, and perjury, which nearly everyone would agree are unacceptable behaviours by the police. Relative ethics is more complicated and can nave a multitude ot sides witn varying shades ot gray . What is considered ethical behaviour by one person may be deemed highly unethical by someone else.The Absolutist theory is the theory that certain things are right or wrong from an bjective point of view and cannot change according to culture. Certain actions are intrinsically right or wrong, which means they are right or wrong in themselves. This is also known as deontological. The relativist theory is the theory that there are no universally valid moral principles. All principles and values are relative toa particular culture or age. Ethical relativism means that there is no such thing as good â€Å"in itself†, but if and action seems good to you and bad to me, that is it, and there is no objective basis for us to discover the truth.This theory is also known as teleological. An example of an absolutist ethical system would be if a single mother with a very young child had no money and therefore no food to feed the child, and she stole some food from the shop and the mother was caught and had a trial, an absolutist would argue that its morally wrong to steal and should suffer the consequences of the crime. They don't take into account the situation the person might be in and use an absolute law. However, this is in contrast to the alternative ethical system, called â€Å"relativist†, because this system is really the complete opposite.Again I'll use the same example s I did for absolutist. If a relativist was looking at this they would take into consideration the situation the woman might be in and empathize with her and try to find an outcome that is the most fair. One reason to support the absolutist approach as the only defensible approac h is that it provides Justification for acting which means that morality seems to demand some sort of obligation. If there's a fixed moral code then there is no obligation to act in a way. Another strength is that it gives clear guidelines, which basically means the rules are fixed and clear to apply. () 1. 3 Ethics refers to a prescribed or accepted code of conduct. Ethical issues are a set of moral values that need to be addressed while carrying out business. Businesses operate in a society that is structured around moral values. Therefore, when conducting its operations, a business has certain responsibilities which are to provide the society with quality goods and services that will improve the people's living standards. In order to survive, a business needs to maintain its customers. Product packaging is one way of ensuring a business maintains its existing customers and also acquire ew customers.Some companies are known to allow underweight packaging of products which are then highly priced and this is a rude way of increasing profits. However this negative trend will affect the business in the long run as customers will eventually come to learn that they are being swindled. In an attempt to boost sales, some businessmen adapt promotional method mislead customers as the message conveyed may not give the exact details of the product. Businesses should desist from increasing prices without valid reasons. In doing so, they will be taking advantage of the customer and this is unethical.Businessmen should also desist from taking part in corrupt practices such as selling low standard goods while bribing government officials in order to continue operating. Entrepreneurs should consider the effects of their activities on the society they serve. In the long run, wrong dealings and corruption will tarnish the image of the business and have a negative effect on sales. Business people ought to comply with the law requirements and observe laid down principles of mora lity in their dealings. They should seriously consider expectations of the community they serve. (    Ethics Table of Contents Therapeutic Patient Relationships Overview Since the sass, ethics has been incorporated into virtually every aspect of the health care system. Because of such a small time window, the study of ethics in a medical perspective continues to change and improve for the benefit of the patient. Studies of doctor-patient relationships Indicate the need of greater ethical study and intervention.Studies show that although many physicians are aware that a romantic r sexual relationship Is unethical, as many as nine percent believe that the ethics depends on the situation (Reese, 2012). Often, an abuse in the doctor-patient relationship does not occur because of a lack in educational skills. Rather, abuse in the doctor/patient is attributed to flaws, or loopholes, in the rules of ethics and law (Subplots et al, 2010). Continued research of the most recent ethical framework can begin lowering any chance of unprofessional.In order to have a successful patient relationship, a phys ician must understand and respect the barriers in place. This session will take a look at ethics. Participants will assess their own ethical principles and apply the concepts they've learned to problems in ethical communication and/or conduct in the workplace. Behavioral Objectives Intended to inform the physician on the definition of ethics Clarify the nature of the ethical responsibilities held in common by current and prospective physicians. Identifies ethical considerations relevant to physicians Recognize different situations containing unethical conduct.Gain the knowledge on how to respond to in situations that require ethical decision-making. Apply the incept of good ethical behavior in their current practice. Outline of Training Session I. Introduction:What is ethics? Ethics refers to a framework of discipline from a branch of philosophy, in which ideas of right and wrong, virtue and vice, and good and evil, are all examined systematically (salvoes & Meyer, 1990). II. Compon ents of Ethics Participants will know basic history, definition, and examples of ethics. A.Ethical Framework – before we can manage ethical dilemmas in the health care setting, we must understand examples of ethical principle, as well as our own, to avoid any conflict of interest. . Self-Assessment Culture Values Beliefs Ideas 2. Continuous Regulation Self-control Trustworthiness Professionalism Education Intervention B. Understand the Significance of Ethics 1. Factors That Improve Ethical Conduct a. Public view c. School curriculum d. Government regulations 2. Factors That Require Ethical Behavior a. Provide company guideline for ethical behavior b.Teach the company's guidelines importance c. Describe punishments for unethical conduct C. Review Examples of Unethical/Ethical Conduct IV. Class Activity – Ethics Assessment V. Effectively practice effective ethical communication A. Understand the needs of the recipient D. Ensuring the message considers the common good E. Continue to interpret for conflicts of interest F. Consider the consequences of each message 1. Is this message mutually valuable? 2. Is this message violating confidentiality of another person? Is this message questionable to your professionalism? . VI. Class Discussion VII Summary of Training Session VIII Conclusion Literature Review: Where the Patient Relationship Ends Dry A, a 49 year-old gynecologist, was treating a 36 year-old female patient, Ms B, for chronic vaginal yeast infections. He described her as being seductive during the husband. Dry A found himself feeling very sympathetic towards her and began scheduling longer patient appointments so he could provide some therapy for her as well as assessing and treating the vaginal complaints for which she ostensibly saw him.He would hold her hand while she talked about her difficult situation at home. This decent down the ‘slippery slope' progressed into hugging, and then kissing at the end of the session. He recognized t hat he was feeling lonely and not having regular sexual relations with his wife. Dry A even noted that his wife was inorganic as though her condition was in some way an excuse to progress to a sexual relation with the patient) (Gabbed & Hobby, 2012). The first time that Dry A and Ms B had sexual relations was after hours in his office.This sexual encounter consisted of mutual oral sex. The meetings were set up during appointments in the office, usually at the end of the day. He finally ended these contacts when he felt the encounters were no longer gratifying to him. In addition, he was worried about being caught and that others would not understand his reasons for departing from the usual procedures (Gabbed & Hobby, 2012). Following the filing of a complaint by the patient, Dry A was sent for evaluation.When asked directly he thought he had harmed the patient, Dry A responded that he felt he had actually helped her by his sexual involvement with her (Gabbed & Hobby, 2012). Introduc tion This physician, Dry A, failed to recognize the unethical conduct he was committing in the obvious power differential with the patient, Ms B. Dry A failed to recognize that a patient is paying for his expertise for the treatment of a disease or ailment, and not a relationship of conscious feelings.If Dry A had greater understanding regarding the ethical principle of the doctor/patient relationship, Dry A may have been able to make a more rational decision so this situation never occurred; likewise, if Ms B had more understanding of the ethical principle prior to her first appointment, Ms B may have had the knowledge to evade Dry Ass advances. In summary, the doctor and the patient should be educated on ethical conduct before the doctor-patient relationship is formed to avoid situations, like the example.Studies show that although many physicians are aware that a romantic or sexual relationship is unethical, as many as nine percent believe that the ethics depends on he situation (Reese, 2012). The American Medical Association (AMA) states that prior doctor/patient relationships can influence the patient's treatment and that such a relationship is unethical if the doctor â€Å"uses or exploits trust, knowledge, emotions or influence derived from the previous professional relationship† (American Code of Medical Ethics, 2012).The Mama's use of â€Å"prior relationship† leaves wiggle room for the â€Å"it's complicated† answer, which over one third of the physicians had answered to the question, â€Å"Is it acceptable to become involved romantic or sexual relationship with a patient? In Medicare's 2012 ethics survey (Reese, 2012). Could it be that the and Ms B are aware of the rules but chose in proceeding to break the barriers of the doctor/patient relationship because â€Å"it's complicated? † The â€Å"it's complicated† answer may originate from feelings from the physician to do anything possible to treat the patient.One s tudy on therapists, explains that the therapists would get sexually involved relationships with suicidal borderline patients in order to save the patient from suicide (Gabbed & Hobby, 2012). This ration is flawed, however, because the physician, like Dry A, should have continued to worked to attain the nature of the intended relationship as clearly therapeutic with any potential unexpected circumstances, which is the idea behind the entire therapeutic process (Crower, Belly & Subplots, 2010).A professional needs to self-regulate their internal drives and thoughts in the absence of clear standards or unexpected circumstances, such as that of a suicidal patient whom is not responding to evidence- based treatment (Crower, Belly & Subplots, 2010). This is critical because usually a patient will give up his or her own autonomy to respect the decision of a paternalistic physician (Shari, Samara, Arachnids, 2013).Not to say this approach to a doctor/ patient is unethical, but it can leave room for unethical conduct if the physician cannot control his or her internal drives or thoughts. Patients, like Miss B, need doctors that are competent in all areas of their profession. The study of ethics in undergraduate courses and medical school curriculum is still improving; consequently, it should continuously be assessed in terms of content, educational methods, and change in behavior, and be revised accordingly (Shari, Samara, Arachnids, 2013).Within only the past 20 years or so, medical schools have gun incorporating ethics as its own respective subject (Houghton, Sparks & Chadwick, 2010). The introduction of ethics in to medical undergraduate curriculum has met resistance, however, because it is evolving constantly and some believe ethical topics are redundant or impossible to be taught (Houghton, Sparks & Chadwick, 2010).Once a few generations of physicians are educated, they can begin teaching newer generations from first hand experience to ensure they are fully compet ent, rather than trainers teaching the instructors (Shari, Samara, Arachnids, 2013). Ethics, according to James S. Recourse (2003), â€Å"refers to a field of inquiry, or discipline, in which matters of right and wrong, good and evil, virtue and vice, are systemically examined (p. 49).Professional ethics is described by Craven & Hiring (2009) as involving â€Å"principles and values universal application and standards of conduct to be upheld in all situations (p. 76). The traditional principles that provided the moral grounding for the protection on human subjects in the United States began forming in the sass (Faded, Sass, ethical concern has been to protect patients from injury, risk, abuse, and unjust orders of medical research (Faded, Sass, Goodman, Provosts, Tunis & Bà ©chamel, 2013).There has been an importance in our society of forming a Just health care system, which is guided by principles of healthcare ethics that include benefice, non- maleficent, respect for autonomy, and Justice (Craven & Hiring, 2008). Physicians, nurses, and other members of the health care team have been developing codes of ethics in order to sustain a Just health care system.Faded, Sass, Goodman, Provosts, Tunis & Bà ©chamel (2013) propose a framework that consists of seven ethical obligations, they include: ) to respect the rights and dignity of patients; 2) to respect the clinical Judgment of clinicians; 3) to provide optimal care to each patient; 4) to avoid imposing monomaniacal risks and burdens on patients; 5) to reduce health inequalities among populations; 6) to conduct responsible activities that foster learning from clinical care and clinical information; and 7) to contribute to the common purpose of improving and quality and value of clinical care and health systems (p. ). Most frameworks regarding medical ethics loosely follow these seven steps. Frameworks in ethics provide a systematic way to decide what's right from wrong in a rarity of assigned priorities th at are goal emphasized (Craven & Hiring, 2008). All members of the health care team have a framework, and they can find it resembles this model. Several issues of unethical conduct in the health care setting can arise if ethical principle is ignored.The following are a few debated matters of medical ethical principle that occurs in the health care setting: physician-assisted suicide (Glover, 2010), clinical trials (Barton & Ugly, 2009), bribes/gifts from patients (Sash & Fug- Barman, 2013), patient abuse, sexual comments/actions toward patient (Crower, Belly & Subplots, 2010), confidentiality (Craven & Hiring), and financial interests (Reed, Mueller, & Brenna, 2013). While some subjects such as euthanasia (physician- assisted suicide) may have different labels of good or bad from different people, other subjects such as sexual patient abuse is generally discovered by most of society.While ethical principle of that society on certain principles might change at the about the same rate medical technology changes, it is still important for any health care worker to keep these principles in mind. Since the implementation of medical ethics is relatively new, changes are rapidly occurring in medical education curriculum as well as the workforce. Evidence shows, the effects of the teaching of medical ethics causes greater ethical sensitivity in the clinical setting (Crower, Belly & Subplots, 2010). However, there are still many cases in which medical ethics education does not have an impact.As the progression of ethics continues in the health care setting, evaluation of medical ethics teaching is vital. Research by Shari, Samara, and Arachnids (2013) finds that matching education is successful, and not a waste of human or financial resources. The Institute of Medical Ethics recommends a pyramid of increasing levels of education, they include: knowledge, habituation, and action (Crower, Belly & Subplots, 2010). The idea is to have medical students think critically abou t historical precedents and future situations involving ethical dilemmas, then put into practice the best consideration.The most important thing teaching ethics gives to medical students is awareness (Crower, Belly & Subplots). With practicing physicians, it is important to continue education on professionalism because doing so shows its significance as a competency (Reed, Mueller, & Brenna, 2013). As introductory and continuing teaching methods are evaluated and improved, future medical students can become more ethically sensitive in their communication and actions. References AMA Code of Medical Ethics. Opinion 8. 14 sexual misconduct in the practice of medicine. Http://www. AMA-assn. Org/AMA/pub/physician-resources/medical-ethics/ code-medical-ethics/opinion. Page Accessed November 3, 2012. Shari, F. , Samara A. & Arachnids, A. (2013). Medical ethics course for undergraduate medical students: A needs assessment study. Journal Of Medical Ethics & History Of Medicine, 6(1) Barton, E. , & Ugly, S. 2009) Ethical or unethical persuasion? The rhetoric of offers to participate in clinical trials. Written Communication, 26(3), 295-310 Craven, R. F. & Hiring C. J. (2008). Fundamentals of nursing: Human health and function, 6th. Liposuction Williams & Wilkins Inc.Philadelphia, PA. 76-77. Crower, M. , Belly, S. , & Subplots F. (2010) Abuse of the doctor-patient relationship. London: Royal College of Psychiatrists. Faded, R. , Sass, N. , Goodman, S. , Provosts, P. , Tunis, S. , & Beach, T. (2013). An ethics framework for a learning health care system: A departure from traditional research ethics and clinical ethics. The Hastings Center Report, Spec Noses-ASS Gabbed, G. 0. , & Hobby, G. S. (2012). A psychoanalytic perspective on ethics, self- deception and the corrupt physician. British Journal Of Psychotherapy, 28(2), 235-248. Glover, P.C. (2010) Physician-assisted suicide is unethical. Greengages Press. Recourse, J. S. (2003). Communication ethics. Management Communic ation: A Case- Analysis Approach. 2nd. New Jersey: Pearson Education. Professionalism challenges and opportunities. Minnesota Medicine, 96(1 1), 44-47 Reese, S. (2012). When is it okay to date a patient? Netscape ethics report 2012. Netscape, http://www. Educate. Com/vertically/774295. Sash, S. & Fug-Barman, A (2013 Physicians under the influence: Social psychology and industry marketing strategies. Journal Of Law, Medicine & Ethics. 41 (3), 665-672.Attachment: Principles of Medical Ethics Revised and adopted by the AMA House of Delegates (June 17, 2001) l. A physician shall be dedicated to providing competent medical care, with compassion and respect for human dignity and rights. II. A physician shall uphold the standards of professionalism, be honest in all professional interactions, and strive to report physicians deficient in character or impotence, or engaging in fraud or deception, to appropriate entities. Ill. A physician shall respect the law and also recognize a responsibil ity to seek changes in those requirements, which are contrary to the best interests of the patient. ‘ IV.A physician shall respect the rights of patients, colleagues, and other health professionals, and shall safeguard within the constraints of the law. V. A physician shall continue to study, apply, and advance scientific knowledge; maintain a commitment to medical education; make relevant information available to tenets, colleagues, and the public; obtain consultation; and use the talents of other health professionals when indicated. VI. A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care VI'.A physician shall recognize a responsibility to participate in activities contributing to the improvement of the community and the betterment of public health. As paramount. ‘X. A physician shall support access to medical care for all peo ple. Source: Code of Medical Ethics: In-Hand Activity: Ethics Self-Assessment The American College of Healthcare Executives (ACHE) made this survey so you can identify areas of ethical practice in which you are weak or strong. For each question, identify one of the five answers that is best suited to you.The ACHE does not believe in a numbered final score, because it is not a tool for evaluating ethical behavior of others. The number that corresponds with each response simply helps you uncover any areas of concern that may require the need for enhancement in some of your current ethical practice. Almost Never Occasionally Usually 4 5 Always Not Applicable 2 I. Leadership 3 I take courageous, consistent and appropriate management actions to overcome barriers to achieving my organization's mission. I place community/patient benefit over my personal gain.I strive to be a role model for ethical behavior. I work to ensure that decisions about access to care are based primarily on medical necessity, not only on the ability to pay. My statements and actions are consistent with professional ethical standards, including the ACHE Code of Ethics. Circumstances would allow me to confuse the issues I advocate ethical decision making by the board, management team and medical staff. I use an ethical approach to conflict resolution. I initiate and encourage discussion of the ethical aspects of management/financial issues.I initiate and promote discussion of controversial issues affecting community/patient health (e. G. , domestic and community violence and decisions near the end of life). I promptly and candidly explain to internal and external stakeholders negative economic trends and encourage appropriate action. I use my authority solely to fulfill my responsibilities and not for self-interest or to further the interests of family, friends or associates. When an ethical conflict confronts my organization r me, I am successful in finding an effective resolution process and ensure it is followed.I demonstrate respect for my colleagues, superiors and staff. I demonstrate my organization's vision, mission and value statements in my actions. I make timely decisions rather than delaying them to avoid difficult or politically risky choices. I seek the advice of the ethics committee when making ethically challenging decisions. My personal expense reports are accurate and are only billed to a single organization. I openly support establishing and monitoring internal mechanisms (e. G. , an ethics committee or program) to