Wednesday, December 4, 2019
Question: Discuss about the Legal Communication for Verbal and Nonverbal. Answer: Introduction: Considering the facts of the given case, Bob Broke entered into a contract with several parties through electronic mails and verbal communication with several parties for considering several deals. Hence, the issues in the present situation involve whether the contract was legally valid from Bobs end. The issue further involves whether the contract incorporated validity of consent in the contract entered between Bob and different parties. In addition, the present case involves an issue to determine Bobs contractual liability for terminating the contract with Mary. As per the legal regulations on contract law, a lawful contract is associated with the rights, duties as well as obligations of parties, which should be distinguished from the regulations of law of torts. As per the Australian Corporations Law, a valid contract must have the elements of agreement, intention to legally bind the parties and consideration. As per the Australian Contract Law, it can be said that there are certain situations where contract remains invalid even though the essential elements are present and agreed between the parties (Cheung, et al., 2014, pp. 147-168). The law states that the contract remains void if it has no legal effect while the contract is voidable if the contract can be annulled by a contracting party. In case of voidable contract, the remedial effect involves returning back the amount or the contracted performance received by the parties. However, the right to obtain the contracted rescission is not available if the same is not exercised in reasonab le time or if the contractual performance changes the original position (Bayern, 2015, p 103). Further, the validity of a contract is established if the parties have certain ability to legally bind the contract whereas if any party lacks the legal ability then the contract would be held voidable. Australian contract Law provides that a contractual party is not entitled to rescind the contract if the action or performance of the party indicates the sustainability of the contract. Considering the case of Immer Pty Ltd v Uniting church in Australia Property Trust (1993) 182 CLR 26, the appellant party that is Immer entered the contract to buy land based on the grant of approval by specific date. The approval was not granted by the contracted date while the agreement was terminated and the respondent in the case contended the presence of affirmation in the contract. Besides, the court held that the affirmation in the contract cannot be obtained if the aggrieved party is not aware of the factual circumstances. However, validity of a contract also depends on the form of agreement or contract by way it has been entered between the parties. The regulations of common law states that the form of a legal contract may be in writing, verbal or any action, which is deemed sufficient to reach the agreement (Andrews Cooper, 2016, p 25). The legislation further states that certain deals or contractual performances are legally valid only if the agreement has been entered as per the specific mode of communication. For instance, the sale of land contract must be in writing and in the form of formal contracts using a contractual deed to give effect as legally binding. Contracts related to insurance or copyrights must be formed in writing using a contractual deed (Olatawura, 2014, pp. 49-75). In the case of Regent v Millett (1976) 133 CLR 679, the issue raised on part performance by constituting the possession, repairs and renovations and contractual party Regents denied to transfer the property. The cour t held that the possession of property with the expending money would be constituted as part performance hence the form of contract would be considered as valid as the possession entry held sufficient for part performance. Validity of a contract must contain the genuine consent of the parties hence, if the formation of contract established due to the contracting partys mistake, then the right to rescind the contract is available to the innocent party. In case of Taylor v Johnson (1983) 151 CLR 422, court held that the contract was formed which contained the factor of unilateral mistake of the party hence, the contract was held invalid and the appeal was dismissed. Apparently, a contract formed by mistake of the party and does not have genuine consent, the contract cannot be considered as a valid contract. Applying the test of essential elements of a legal contract in the given situation, contract entered between Bob and Mike on 1 January for sale of laptops is considered as a legal contract since it involves offer, acceptance and consideration. However, the element of intention of binding a contract might not present from the end of Mike and he refused to pay the consideration during the time of contract performance. In case of Carlill v Carbolic Smoke Ball Co (1893), the court held that Carlill was eligible to the contractual reward as the contract contained valid offer and there was no notification provided by the party to dispense the contract. Accordingly, in case of contract between Bob and Mike, Mike did not provide any notification to cancel the contract until the date of delivery of products. As per the contract law legislation, a party loses to rescind the contract if the rescission is not exercised in a reasonable time. Hence, in case of contract between Bob and Tom that was entered on 10 January and accepted on 12 January, Bob rescinded the contract on 14 January while the products were already dispatched. Hence, the Bob held liable for not rescinding the contract within reasonable time. Besides, contract between Steve and Bob entered in verbal form which was rescinded by Bob due to financial issues. Applying the test of affirmation, Bob is entitled to contractual liability and obligated to compensate Steve for breach of contract as the contract was valid and Bob did not perform rescission within reasonable time. Further, contract for delivery van entered with Mary can be considered as consent given under common mistake hence the contract remains void as per the Australian contract law. It has been observed that Bob signed the contract considering it to be another cont ract which he was willing to accept, therefore, acceptance of Marys contract held as consent given by mistake accordingly, the contract was not a legally valid contract. Conclusion In the present circumstances, Bob has the contractual liability against Tom and Steve since, the contract between the parties was valid and rescission was not performed by Bob within reasonable time. In case of contract with Bob on 1 January, Bob is entitled to receive compensation while the contract with Mary held as invalid due to consent under common mistake. Reference List and Bibliography Andrews, M., Cooper, A. (2016). Property: The land sales act: Beware of instalment contracts.LSJ: Law Society of NSW Journal, (25), 86. Bagchi, A. (2016). Financial Crisis and the Remedy of Rescission in the United States. InThe Effects of Financial Crises on the Binding Force of Contracts-Renegotiation, Rescission or Revision(pp. 307-312). Springer International Publishing. Bayern, S. (2015). Offer and Acceptance in Modern Contract Law: A Needles Concept.Cal. L. Rev.,103, 67. Cheung, S. O., Wong, W. K., Yiu, T. W., Pang, H. Y. (2014). Developing a trust inventory for construction contracting. InConstruction Dispute Research(pp. 147-168). Springer International Publishing. Connolly, N. (2014). A Common Law Perspective on the Concurrence of Claims in Contract and Unjust Enrichment.European Review of Private Law,22(6), 1005-1028. Kosonogova, O. (2016). Legal Communication: Verbal and Nonverbal Communication in the Practice of Law.US-China L. Rev.,13, 705. Mohamed, S., Akram, M., Mohamed, A., Ali, A. (2014). A critical appraisal of the parol evidence rule in contract law. InProceedings of SOCIOINT14: International Conference on Social Sciences and Humanities(pp. 865-872). International Organisation Centre of Academic Research. Olatawura, O. O. (2014). Appreciating and reforming the remedy of equitable rescission for genuine mistake in contract law.Commonwealth Law Bulletin,40(1), 49-75.
Thursday, November 28, 2019
Collins or Longman Dictionary a Difficult Choice Essay The choice of a dictionary Ã¢â¬â Collins or Longman? Nowadays many learners of English face a problem Ã¢â¬â which dictionary to choose as their main aid in learning the language. There is a variety of dictionaries from different publishers available at the market now, but we can focus here on two Ã¢â¬â Collins and Longman which are quite good reference books for everybody. Although they are both equally preferred by English learners, they posses a number of features which leave the buyer with not an easy choice. Collins, for instance, with its layout which makes looking up easier, clear definitions and specific vocabulary is by far better than Longman. The two dictionaries have their differences and perhaps thatÃ¢â¬â¢s why they aim for the different group of users. Definition is the first thing the user confronts. That is Ã¢â¬â the place it occupies on the page of the dictionary. If it is clearly presented, there should be no difficulty with getting the idea of the word. Therefore Collins, unlike Longman, usually includes grammar information in the margin, which makes it easier for the user to find quickly either the desired meaning or the grammar references. In contrast, LongmanÃ¢â¬â¢s grammar notes are inserted between the definitions. Consequently, it results in making the way to the needed meaning much longer. If the user managed to find the right definitions, he or she may now encounter problems with understanding them. In this respect Longman prevails. Why is it so? First of all, both dictionaries draw upon some kind of bank of words. Collins definitions are based on a wider range of vocabulary. ThatÃ¢â¬â¢s why they are more complicated and difficult to understand. However, Longman defining vocabulary comprises less words but nevertheless it may be good for less advanced learners. Collins definitions are undoubtedly more specific. We will write a custom essay sample on Collins or Longman Dictionary a Difficult Choice specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Collins or Longman Dictionary a Difficult Choice specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Collins or Longman Dictionary a Difficult Choice specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Learners of second or foreign language have a better opportunity of matching difficult English words (e. g. proper nouns) to the equivalents in their mother tongue. As far as the variety of English is concerned it appears as if Collins tends towards British rather than American English. It is definitely better for students who want to focus their attention on British English only (they want to emigrate to Britain for business purposes, for example) On the other side of this confrontation we have Longman which deals with both varieties of English more thoroughly. Collins does show the nuances between British and American English but it erhaps isnÃ¢â¬â¢t so much concerned with colloquial American English and slang. In this field Longman is more universal. Thus, it is more suitable for younger learners or just for those at lower level of proficiency. Moreover, what goes for register, Longman may be more useful for people who want to explore the informal language (those young people wh o look for the sense of their favourite songs, for example). The two dictionaries aim to provide excellent help in studying a language. In this process, Collins is for those who have already tasted what English really is whereas Longman is for the novices who want to become familiar with that taste.
Sunday, November 24, 2019
Causes of the Great Migration (1910-1970) Between 1910 and 1970, an estimated six million African-Americans migrated from southern states to northern and Midwestern cities. Attempting to escape racism andÃ Jim CrowÃ laws of the South, African-Americans found work in northern and western steel mills, tanneries, and railroad companies.Ã During the first wave of the Great Migration, African-Americans settled in urban areas such as New York, Pittsburgh, Chicago and Detroit. However, by the onset of World War II, African-Americans were also migrating to cities in California such as Los Angeles, Oakland and San Francisco as well as Washingtons Portland and Seattle. Harlem Renaissance leader Alain Leroy LockeÃ argued in his essay, Ã¢â¬Å"The New Negro,Ã¢â¬ that Ã¢â¬Å"the wash and rush of this human tide on the beach line of the Northern city centers is to be explained primarily in terms of a new vision of opportunity, of social and economic freedom, of a spirit to seize, even in the face of an extortionate and heavy toll, a chance for the improvement of conditions. With each successive wave of it, the movement of the Negro becomes more and more a mass movement toward the larger and the more democratic chance - in the Negros case a deliberate flight not only form countryside to city, but from medieval America to modern. Disenfranchisement and Jim Crow Laws African-American men were granted the right to vote through the Fifteenth Amendment. However, white Southerners passed legislation that prevented African-American men from exercising this right. By 1908, ten Southern states had rewritten their constitutions restrict voting rights through literacy tests, poll taxes and Grandfather clauses. These state laws would not be overturned until the Civil Rights Act of 1964 was established, granting all Americans the right to vote. In addition to not having the right to vote, African-Americans were relegated to segregation as well. The 1896 Plessy v. Ferguson case made it legal to enforce separate but equal public facilities including public transportation, public schools, restroom facilities and water fountains. Racial Violence African-Americans were subjected to various acts of terror by white Southerners. In particular, the Ku Klux Klan emerged, arguing that only white Christians were entitled to civil rights in the United States. As a result, this group, along with other white supremacist groups murdered African-American men and women by lynching, bombing churches, and also setting fire to homes and property. The Boll Weevil Following the end of slavery in 1865, African-Americans in the South faced an uncertain future. Although the Freedmens Bureau helped to rebuild the South during the Reconstruction period, African-Americans soon found themselves reliant on the same people who were once their owners. African-Americans became sharecroppers, a system in which small farmers rented farm space, supplies and tools to harvest a crop. However, an insect known as the boll weevil damaged crops throughout the south between 1910 and 1920. As a result of the boll weevilÃ¢â¬â¢s work, there was less of a demand for agricultural workers, leaving many African-Americans unemployed. World War I and the Demand for Workers When the United States decided to enter World War I, factories in northern and Midwestern cities faced extreme labor shortages for several reasons. First, more than five million men enlisted in the army. Secondly, the United States government halted immigration from European countries. Since many African-Americans in the South had been severely affected by the shortage of agricultural work, they responded to the call of employment agents from cities in the North and Midwest. Agents from various industrial sectors arrived in the South, enticing African-American men and women to migrate north by paying their travel expenses. The demand for workers, incentives from industry agents, better educational and housing options, as well as higher pay, brought many African-Americans from the South. For instance, in Chicago, a man could earn $2.50 per day in a meat packing house or $5.00 per day on an assembly line in Detroit The Black Press Northern African-American newspapers played an important role in the Great Migration. Publications such as the Chicago Defender published train schedules and employment listings to persuade Southern African-Americans to migrate north. News publications such as the Pittsburgh Courier and the Amsterdam News published editorials and cartoons showing the promise of moving from the South to the North. These promises included better education for children, the right to vote, access to various types of employment and improved housing conditions. By reading these incentives along with train schedules and job listings, African-Americans understood the importance of leaving the South.
Thursday, November 21, 2019
People Management - Assignment Example These other steps are of great importance in the marketing sector, where a good relationship with the customer is the ultimate goal( Armstrong, 37) Human resource is one of the most difficult and challenging resources to manage. Humans have emotions as opposed to machines which can be programed to do various tasks. Skills on management of people who are hard to manage are therefore very necessary. Most of the time the hardest challenges have the simplest solutions. First the managers have to accept that management is cumbersome and stop fighting it. This helps in approaching delicate employeesÃ¢â¬â¢ issues with positivity. Secondly, they should face those issues head on and solve them promptly. In order to handle the challenges effectively, they should see them both from the managerial and employee perspective. Employees can sometimes be very difficult and stressful to deal with, therefore help from others like a colleague, a mentor or oneÃ¢â¬â¢ own manager, would be very helpful. Their response about a given employee would be very critical in decision making. Setting up of clear and measurable goals is also an important to ol when evaluating individual employeeÃ¢â¬â¢s performance. Lastly, they should view employees from the perspective of Ã¢â¬Å"a liability or an assetÃ¢â¬ . If an employee is an asset, keep him/her but if a liability let go (Richardson, 36). 1. Have a one-on-one discussion with her. Make her free to present her case and listen carefully to her concerns. This will help in coming up with an amicable solution to her problems. Listening to her would save the day because there could just be a mere misunderstanding. 2. Provide her with a crystal clear behavioral feedback. This would involve telling her what she should do differently to regain the trust of the customers. This may entail transferring her to another branch to meet new customers (Neil, 80). 3. Make a list of the mistakes Alexander has
Wednesday, November 20, 2019
Topic of the paper will focus on a criminal case that has been adjudicated by the United States Supreme Court and has implications on the criminal justice system - Essay Example The court thus proceeded to assign him one by the name of Kirk McAllister who was a veteran defense lawyer. As the case proceeded, however, Scott Peterson later stated that he would be able to afford a private attorney after all and hired the services of Mark Geragos who had handled other high profile cases similar to his (Crier & Thompson, 2005). The judge appointed to the case later on moved the trial from Modesto, California where the crime had been committed to Redwood City in the year 2004 due an increase in hostility towards the defendant (Scott Peterson). The judge felt that due to this hostility, the judge felt that Scott would not be able to receive a fair trial in Modesto as individuals in that region had already perceived him as guilty and it would have been impossible to get a non bias jury in that area (Beratlis et al, 2007). The hostility was due to the type of coverage that the case received from the media. (Bird, 2005) The news had already portrayed Scott Peterson as an inhumane individual who was accountable for the death of an innocent woman and an unborn child. They covered the story as if the defendant was guilty, and the process of the trial was just a preliminary to the inevitable end result of a guilty verdict. In order to ensure that Scott Peterson would be able to get a fair trial, the judged moved the case to another area away from Modesto, where the residents felt bereaved as they had lost one of their own. It should b noted, however, that the coverage of the country was country wide, and thus it cannot be said how much the move changed matters in terms of the defendants portrayal (Beratlis et al, 2007). The main witness of the prosecution also hired her own attorney who played a big role as a sympathizer to the prosecution as she was not bound by the gag order that prohibited the others who were involved
Sunday, November 17, 2019
Political Issue - Essay Example Because of the Cold War period and the uncertainties it brought to the American citizens, the administrations supposed it was essential to stiffen down and take control (Hoffman, 2012). To do this, they called for more controls to the executive subdivision. The political ideology of the Americans vary on the classical liberalism; consequently, the ideas in most cases are alike. For instance, a bigger population of the United States believes in limited government, the perfect market, and individual freedom. On particular occasions, the two major political parties in the United States tend to have a controversial opinion from one another whereby one tend to lean to the right while the other lean to the left. There can also be a case in which the issues emanate in a particular party, for instance, the Democrat party having the problem amongst its members. In America, political scientist organizes the political ideologies with respect to how they affect the political government in the country. The liberalism and the conservatives always represent the two ends of the political situations in America. American liberalism posits that the state is supposed to act so as to bring the equality amongst the citizens. Traditionally, the liberal clust er has been working towards the civil rights of the Americans and the minority group. Conservatives have always come out stronger in defending the government than the liberalism. However, in the late twentieth-century liberalism and conservatism in strengthening the military status of American and more often than not, they got involved in the war. For instance in 1960s, the American president, John F. Kennedy increased the spending so as to strengthen the security while Lyndon Johnson on the other side of the ideology played a significant role in Vietnam War. The American conservatism contends that the primary duty of the
Friday, November 15, 2019
The History Of Jean Watson caring Science Summary Jean Watson born in 1940 earned a diploma from Lewis Gale Hospital School of Nursing in Roanoke, VA. Watson furthered her education and attended the University of Colorado for her BSN, MSN in psychiatric-mental health nursing and Ph.D. in educational psychology and counseling. Watson has held numerous positions at the University of Colorado as both faculty and administrator. Watson served as faculty at the University of Colorado Health Science Center, dean of the School of Nursing, and fouding Dorector of the center for Human Caring. Watsons first publication was in 1979 and this was the introduction of the theory of Transpersonal Caring to the nursing profession. Watsons theory focuses on preserving the dignity and wholeness of humanity. Transpersonal Caring theory evolved from Watsons own personal values, beliefs, and perceptions regarding human life, health, and healing. (Walker, 1996, p. 144) Watson views nursing as a collective caring-healing role and its mission in society as attending to, and helpting to sustain, humanity and wholeness (Walker, 1996, p. 144). The thoery is meant to be a worldview or ethic by which nursing could know its traditions in health and healing. Watson views nursing as an human science academic discipline and as an clinical profession. The theory views nursing as a societal mission to caring and healing work with others during their most vulnerable moments of lifes journey (Walker, 1996, p. 145). The theory analyzes caring independently from curing. The discipline of caring and hea ling are derived from the arts and humanities. Watsons theory was based on Nightingales healing environment concept. The theory evolved from the belief that an individuals environment affects their healing. The theory began as a philosophy and was never meant to be a testable theory. Watsons goal for the theory is to move nursing from the belief that the human body is a machine to the belief that the interdependent and nondiscrete nature of a world and the spiritual nature of humans is of paramount importance (Watson, 1985, p. 1) Watson defines health as harmony, and illness as disharmony within the mind, body, and spirit. Eastern philosophy influenced Watsons theory on health and illness. In Watsons later works her influence was the Chaos Theory by Kellert and the quantum physics and mechanics by Pelletier (Walker, 1996, p. 191) Watsons goal is to serve as a bridge by which nursing will transition from a biomedical/natural-science model to a postmodern/human-science perspective. Watson believes language is the key to transitiong nursing from the biomedical/natural-science model to the postmodern/human -science model (Walker, 1996, p. 146) Watson (1999) believed nursing is a discipline devoted to caring, health, and healing. Watsons theory has continued to evolve in regards to her concepts. The main components of her origninal theory are: transpersonal caring relationship; ten carative factors; and caring occasion/caring moment. These components defined her orignial concept of transpersonal caring which was defined as a human-to-human connectedness occurring in a nurse-patient encounter wherein each is touched by the human center of the other (Watson, 1985). In Watsons updated theory new dimensions evolved and included the concept that the caring-healing modalities potentiate harmony, wholeness, and confort, and promote inner healing by releasing some of the disharmony and blocked energy that interfere with the natural healing processes (Walker, 1996, p. 151) The transpersonal caring relationship is a strong relationship between nurse and patient. The relationship is a unique relationship for the both the nurse and patient. A nurse enters into the life space or phenomenal field of another person and is able to detect the other persons condition of being (spirit, or soul level), feels this condition within self, and respons in such a way that the person being cared for has a release of feelings, thought , and tension (Walker, 1996, p. 152). Watson believes the necessary knowledge and sensitivity a nurse needs to build a transpersonal caring relationship with their patient can be gained through work with other cultures, study of the humanities, and exploration of ones own values, beliefs, and relationship with self (Walker, 1996, p. 153). Watson wanted the theory to apply to all nurses in any situation and make use of its carative factors in implements and delivering quality nursing care. Weaknesses The first limitation in Watsons theory is the lack of relevancy to todays nursing. Due to the acuity of illness and nurse patient ratios following Watsons theory doesnt seem practical. Watsons model continuously focuses on the spirit, and has a lack of emphasis on the physical entities of an individual. Watsons model would deem difficult to practice for nurses who focus care on the physical aspects and the treatment of illness. Watsons theory focuses on the human care process and not on the therapeutic nature of care (Rafael, 2000, p. 402) Individuals who believe the physical is separate from the spiritual may find this theory unpractical. Watson continuously focuses on the psychosial aspects and need of patients, and this is a secondary concern in the current state of nursing practice. Watsons theory also deems itself to be impractical because it calls for a level of care that is simply impossible in an environment where there is a high acuity of illness, short hospital stays due to lack of insurance, and an increased level of technology which limits the amount of time needed to spend with a patient. In the current business focused era and a bureaucratic health care system, Watsons model would prove to be extremely difficult for nurses to implement. The broad gap between the nurse caring process and the clinical reality, have some authors suggesting that this gap reduces clinical relevance. (Morse, Solberg, Neander, Bottorff, Johnson, 1990, p. 8) Nurses would find current hospital policies and practices would limit their flexibility to implement this theory. The health system follows a different set of values and beliefs and would stand as a barrier for nurses whom choose to follow these principles. Implementation of Watsons theory would require a change from the public and movement away from the idea of treatment and towards healing and caring. Watsons theory would require the restructuring of our entire health system, and rebuilding into a healing focused health care system. Strengths Watsons theory has been criticized by many, but is transformative and brings the caring aspect back to nursing. The theory guides the nurse to focus on the individual and requires the selective use of technology. The theory requires the use of technology only for the enhancement of healthcare practices, and not as the sole guiding factor in healthcare. Watson insists that the nurse focuses on the subjective experience of the patient, to facilitate restoring inner harmony and potential healing (Morse et al., 1990, p. 9) Watson calls the nurse to go beyond the duties of providing standard quality of care, but requires the nurse to provide soul satisfying care. Watson believes it is morally imperative and an obligation to care for the patient and their spiritual needs, regardless of the nurses experience or abilities. This notion also coincides with Leiningers Culture Care theory in requiring the nurse to provide non-judgmental and non-biased culturally competent care. Watsons theory allows the nurse to be flexible in their practice. The theory doesnt require the nurse to follow a set standard or tool. Transpersonal Caring theory focuses on the individual and not the disease or illness. The theory allows the nurse to utilize different interaction methods with different individuals. The theory grants the nurse the ability to adjust their approach and style of care based on the needs of each individual as separate entities and apart from their disease. The adjustment allows the nurse to have a transpersonal moment with their patient in which ones mind-bod- soul engages with anothers mind-body-soul in a lived moment. Here a spiritual union is felt with the other person (Rafael, 2000, p. 402) Watson brings the patient back to focus and eliminates the other common distractors such as technology and illness. By eliminating these distractors Watson is allowing the nurse to meet each patients physical and spiritual needs. Betty Neuman: The Neuman Systems Model Summary Betty Neuman born in 1924 in Ohio received her nursing diploma from Peoples Hospital in 1947 in Akron, Ohio. Neuman later received her B.S. in public health nursing in 1957 and her M.S. public-mental health in 1966 from UCLA. In 1985 she obtained her Ph.D. in clinical psychology from Pacific Western University. Neuman has worked as a bedside nurse, teach, author, lecturer, and consultant. Neuman was the first nurse licensed in California as a marriage and family counselor. The Neuman Systems Model was developed in 1970 in response to graduate students requests for a course that would provide an overview of the physiological, psychological, sociocultural, and developmental aspects of human beings (Fawcett, 2001, p. 211). The model was first published in 1972 and five editions have been published with the last edition in 2010. The model was established during the period of general systems theory and is a holistic model based upon interactions and relationships. Neumans System Model consists of two major components stress and the reaction to stress (Neuman, 1995, p. 22). The model has four major concepts in relation to nursing which are: human being/individual, environment, health, and nursing. The model is an open system and defines the individual as a human being, the community, or a family. The goal of the system is to maintain balance and stability. Neuman allows the individual to maintain balance by utilizing resources within and outside of the system, or eliminate internal or external factors that affect the individuals ability to maintain stability. Factors that disrupt an individuals ability to maintain stability are called stressors. Neuman views stressors as either negative or positive and deem them capable of having this same effect on the individual. The model requires the individual to utilize and exchange with its environment. The individual may adjust itself according to the environment or adjust the environment as long as the ultimate goal of stability is met. The physiological psychological, sociocultural, developmental and spiritual factors are considered the core of the model. If the individual has maintained stability then these factors functions harmoniously amongst each other in spite of environment and stressors. Neuman believes when these factors are working together harmoniously and optimal stability has been attained then the individual has also obtained a greater level of wellness. Neuman utilizes wellness and health interchangeably and identifies these factors as optimal system stability, or the optimal state of wellness at a given time (Neuman, 1990, p. 129). The levels of health vary and is based upon the individuals response to its environment and stressors. The model identifies illness and death as requiring more energy that what is available, and wellness as requiring less energy than what is available or generated (Neuman, 1990, p. 129) Neuman utilizes prevention at the levels of primary, secondary, and tertiary to maintain stability (Fawcett, 2001, p. 213). Primary prevention is health promotion and maintenance and is utilized when a risk is identified and before its onset. Secondary prevention occurs after the risks onset and is utilized to prevent further injury and disability. If secondary prevention is unable to maintain stability the individual will move towards tertiary prevention. Tertiary prevention is maintaining maximum stability even with a disability to promote health and return to primary prevention. Neuman defines nursing as helping the individuals system attain, maintain, or retain system stability (Fawcett, 2001, p. 211). Neuman identifies the job of the nurse to accurately assess the individual and identify the stressors to their system, and assist the individual in making adjustments that will promote optimal health and wellness. By identifying and assisting the nurse stands as the linkage between the individuals system, its environment, and health. The nurses interventions are aimed at helping the individual maintain a level of stability. The level of stability must be maintained under the conditions of the environment and possibly stressors if the factors are unable to be eliminated. The nurse must assist the individual in maintaining stability under these conditions and minimize the amount of energy consumed by the individual. The model identifies a three-step process for the nurse and consists of the nursing diagnosis, nursing goals, and nursing outcomes. The Nursing Dia gnosis consists of the assessment and diagnosis of each individual. The second step Nursing Goals consists of the identification and planning phase. The final step Nursing Outcomes is the implementation and evaluation phase. (Fawcett, 2001, pp. 212-213) Weaknesses The major weakness identified in Neumans model is the ambiguity of the terms used in the model. Clarification is needed regarding the terms interpersonal stressors, extrapersonal stressors, and reaction. Gigliotti (2003) noted that linking statements (relational propositions) between stressors and the environment should be clearer (Gigliotti, 2003, p. 203). The reader can assume that interpersonal stressors occur between two people and extrapersonal stresors occur between a group or society and the person, but this is not clearly defined in Neumans literature. Hoffman (1982) analyzed the NSM and explored its use for theory construction concluding that the concepts of the NSM were defined and proposed that concept interrelations be further investigated so that relational hypotheses could be formulated (Gigliotti, 2003, p. 203). The differentiation between interpersonal and extrapersonal is not clear. The pictorial diagram of Neuman Systems Model includes the term reaction, but in the original model the term reaction is not clearly defined or discussed. The second weakness identified in Neumans model is the inconsistence use of the concepts health, environment and nursing. Neumans literature identifies health, environment, and nursing as major concepts within the model, but these concepts do not appear in the models diagram. Neumans diagram is considered to be an important representation of her model, but major concepts are eliminated from the model. Gigliotti (2003) noted that the definitions of essential concepts that Neuman had then supplied were adequate but the definitions of health, environment, and nursing needed clarification (Gigliotti, 2003, p. 203). Major concepts stated and continuously used within Neumans literature should be identifiable and noted within the pictorial explanation of the model. Strengths A major strength in Neumans model is its ability to be widely used within nursing. Neuman reports that the model was designed for nursing but can be used by other health disciplines (Fawcett, 2001, p. 212). If all nurses and other disciplines utilize this model then a consistent approach to health care will be facilitated. If all disciplines utilize the same model, established by Neuman, perhaps redundancy and errors will be limited across health care disciplines. Redundancy would be eliminated and the patient would only have to explain their needs or story once to all health care disciplines, rather than, having to tell the same story many different times. The second strength in Neumans model is not only can it be used across other health care disciplines, but can be utilized within all areas of nursing. Neumans model is flexible in the sense that it can be used in the areas of research, administration, education, and clinical practice all within nursing. The third edition of Neumans model highlights the use of the model in all areas of nursing throughout the United States, Australia, Canada, England, Holland, Sweden and Wales (Fawcett, 2001, p. 211). The widespread use of this model illustrates its universal applicability. Neuman highlights this applicability as crucial during the current state, in which, the nursing profession has an increased need for unity within the discipline. Neuman believes the systematic Nursing Process format has been especially relevant as a guide for practice, despite all of the social and professional changes that nursing continues to experience (Fawcett, 2001, p. 212).