English Tort Law Essay Example for Free

English Tort Law Essay Answer: This question raises some issues from negligence. In order to answer this question it is necessary to know about negligence, duty of care, and breach of duty, causation and remoteness. But here the most important parts are employers’ liability, multiple liability or causation, and personal injury. Here the main findings will be Betty Bloke is an employee of these companies or not, she can sue for asbestos-related mesothelioma as a third person. Here the facts are Harry Bloke worked as a carpenter for thirty-five years, being employed by Right Ltd for ten years, then by Ruff Ltd for a further ten years and then by Shoddy plc for fifteen years. Right Ltd were shop fitters, Ruff Ltd produced asbestos prefabricated garages and Shoddy plc produced insulating panels for the building industry. In all of these jobs he was required to work with asbestos sheeting, which he usually had to cut to size either with hand saws or powered saws. Betty Bloke, Harry’s wife, always washed his work overalls every Saturday. She would shake them outside the back door to remove the dust before she put them in the washing machine. Betty has now been diagnosed with asbestos-related mesothelioma and is very ill. All three companies deny liability for her illness. Before attempt to discuss the potential liability of all three companies to Betty in negligence it is necessary to find the relationship between Betty and all three companies. Here it is not clear that Betty was an employee of these companies or not, though every Saturday remove the dust. In 1934 Lord Wright said in Lochgelly Iron and Coal Co v McMullan [1934], ‘In strict legal analysis, negligence means more than heedless or careless conduct, whether in omission or commission: it properly connotes the complex concept of duty, breach and damage thereby suffered by the person to whom the duty was owing.’ In Murphy v Brentwood District Council [1990], the House of Lords held that the council was not liable on the basis that the council could not owe a greater duty of care to the claimant than the builder. In doing so the court also overruled Anns and the two-part test, preferring instead a new three-part test suggested by Lords Keith, Oliver and Bridge in Caparo v Dickman [1990]. In order to impose liability on the employers, Betty has to established foresight, proximity and fairness and it is the current test. In Caparo industries v Dickman [1990], the shareholders in a company bought more shares and then made a successful takeover bid for the company after studying the audited accounts prepared by the defendants. They later regretted the move and sued the auditors claiming that they had relied on accounts, which had shown a sizeable surplus rather than the deficit that was in fact the case. The House of Lords held that the auditors owed no duty of care since company accounts are not prepared for the purposes of people taking over a company and cannot then be relied on by them for such purposes. Harry was an employee but the asbestos did not affect him. His wife suffered mesothelioma, so the current test has to show three things if there is to be a duty of care: 1) It was reasonably foreseeable that a person in the claimant’s position would be injured. Here for Betty Bloke, the risk was reasonably foreseeable as an employee but as a third party it is difficult to show. 2) There was sufficient proximity between the parties. Employers owed some duties to employees. 3) It is fair, just and reasonable to impose liability. After the Caparo test Betty may be satisfy three criteria. Then it will be a vital question that Employers breach any duty or not. The second problem is who has right to sue. Harry was an employee but he is not suffered any disease though it was obvious. If Harry sues on behalf of Betty then it will justify imposing liability to the employers. Here it will be discussed considering the relevant case laws. Bolton v. Stone test may be applicable to prove breach of duty. According to this test employers are not liable. As a general rule English law does not impose a duty, reasoning that the fault of X and not that of D. But exceptionally a duty may arise. Employers are vicariously liable for the negligent acts or omissions. Employers are also liable under the common law principle represented in the Latin phrase, qui facit per alium facit per se. So according to Home Office v Dorset Yacht [1970], and Lewis case it will be consider here. In Hotson v East Berkshire AHA [1987], a young boy suffered a fractured hip when he fell out of a tree. The hospital negligently failed to make a correct early diagnosis so that he later developed avuncular necrosis, a deformity of the even without the failure to diagnosis promptly. On this basis the trial judge, and later the Court of Appeal, awarded him 25 per cent of the damages they would consider appropriate for the loss of a chance of recovery. The trial judge commented that the hospital had translated the probability of the disability developing into a certainty by negligence in their failure to diagnosis. However, the House of Lords allowed the Health Authority’s appeal and would not consider the slim chance of recovery an issue of causation. In Blythe v Birmingham Waterworks [1856], the basic Rule is that the defendant must conform to the standard of care expected of a reasonable person. ‘Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinary regulate the conduct of human affairs, would do, or doing something which a reasonable and prudent man would not do. Betty could get compensation by applying McGhee. In McGhee v National Coal Board [1973], here the claimant worked in a brick kiln where he was exposed to brick dust, a possible cause of the dermatitis that he in fact contracted. The Board was not liable for exposure during working hours. They were held liable for materially increasing the risk of the claimant contracting the disease because of their failure to provide washing facilities, even though it could not be shown that he could have avoided the disease if there had been facilities the reasoning of the court was that, since the employer was clearly negligent in failing to provide basic health and safety the burden should shift on to them to disproved the causal link. This type of test is clearly more advantageous to a claimant than the basic ‘but for’ test applied so rigidly in Hotson v East Berkshire AHA [1987]. To identify the employer’s liability suffered mesothelioma after exposure to asbestos dust of Betty Fairchild v Glenhaven Funeral Services Ltd and others is the most significant test. In the case of Fairchild v Glenhaven Funeral Services Ltd and others [2001], the claimants suffered mesothelioma after exposure to asbestos dust over many years working for a number of different employees. The medical evidence identified hat the inhaling of asbestos fibres was the cause of the disease. Nevertheless, it was impossible to identify in which particular employment the disease was actually contracted. The Court of Appeal accepted that medical evidence could not identify a single cause of the disease, which might be caused by contact with even single asbestos fibre, or may involve cumulative exposure to fibres. The Court of Appeal in fact rejected the claims. The HLs, accepted the expert evidence that it is scientifically uncertain whether inhaling a single fibre or inhalation of many fibres causes the disease. However, the HLs held that, because it is evident that the greater the exposure has a duty to take reasonable care to prevent employees from inhaling the dust. Besides this the House felt that any other cause of developing the diseases could be ignored in the case. On the basis that the claimants suffered the very injuries that the defendants supposed to guard against, the HLs were prepare to impose liability on all employers. The House chose to apply the ‘material risk’ test from McGhee. In doing so the house held that because all of the defendants had contributed to a risk of mesothelioma, then no distinction should be drown between the makings of a material risk of causing the disease and course of action that would materially increase the risk of the diseases. Because the Employers should only be liable for proportion of the damages then each employer should be liable to compensate its employee un full, even though the employee may have inhaled more asbestos fibres while working for another employee. As a result the Court held that the precise employer responsible could not be identified and so the claim should be rejected. It is impossible to say with certainty how the disease begins, but it is possible to identify that prolonged exposure worsens the risk. It seems then that The Court of Appeal applied Wilsher v Essex AHA [1986] inappropriately where McGhee v National Coal Board might have been more fairly applied in the circumstance. The House of Lords has in any case subsequently reversed The Court of Appeal decision. In Holtby v Brigham Cowan (Hull) Ltd [2003], here the claimant had been exposed to asbestos dust for more then 40 years while working for different employers. When he contracted asbestosis he sued the defendants, for whom he had only worked for half of that time. The trial judge reduced damages by 25 per cent. The claimant appealed and tried to argue for application of the principle in McGhee, that once having established a material contribution by the defendants he was entitled to full damages. The Court of Appeal rejected his argument and upheld the trial judge’s award, even though 50 per cent deduction would have seemed more accurate. McGhee was distinguished. A majority of the House of Lords in Gregg v Scott [2005], reaffirmed the general approaches in Hotson’s case should be followed and declined to depart radically from its principles. In Wilsher v Essex AHA [1986] the House of Lords identified that the excess oxygen was just one of six possible causes of the condition and therefore it could not be said to fall squarely within the risk created by the defendants. The court would not impose liability on the defendant in this circumstance although this seems very unfair. The main purpose of the rules of causation is to exclude those thinks that are not the cause of the damage. If the same damage would have been suffered even if the there had been no breach of duty of care, then he claimant loses. The breach of duty of duty may initiate a whole chain of further events-but some of these will be treated as to ‘remote’ from the original negligence for it to be appropriate to hold the defendant answerable for those distant outcomes. The test of remoteness of damage in the tort of negligence was said to be whether the damage the direct consequence of the breach of duty. The defendant was not liable, if it was merely indirect, which ‘broke the chain of causation’. This test was particularly associated with the decision of the Court of Appeal in Re Polemis [1921]. In The Wagon Mound [1961], The Privy Council held that defendant would be liable only if it was the foreseeable consequence. From the above discussion, a number of points can be made, which will be consider that Betty get compensation or not. †¢ The judges in the House of Lords in Fairchild accepted that the sufferers of mesothelioma, while inevitably deserving of compensation, are unable to satisfy the normal tests for causation because they will invariably be unable to point to a single party who is responsible. †¢ The Court was prepared to accept the possibility of a claim for three connected reasons: Claimants in such actions were unable to satisfy for causation only because of the current state of medical knowledge on the disease, although there could be no doubt that exposure to the asbestos fibres in whatever volume was at the root of the disease. Defendant has to prove that their negligence could not be the actual cause rather then the claimants prove the precise cause. The employer’s duty of care would be meaningless, as they could almost never be made liable. †¢ The majority of the judges were therefore prepared to accept an exceptional principle of McGhee. †¢ The Court was not prepared to extend principle of McGhee to factual circumstance such as those in Wilsher. †¢ The House of Lords appear to have engaged in a policy decision in order to ensure that there is compensation for asbestos related diseases contracted in the course of employment. So there is a limited chance to get compensation according to applying Fairchild and McGhee. Then three employers will be liable and bear compensation fully. But if Court apply Hotson v East Berkshire AHA Betty or Harry does not get compensation. Bibliography: 1) Markesinis and Deakin, Tort Law, 5th Edition (2003), Clarendon Press-Oxford 2) John Murphy, Street on Torts, 11th Edition (2003), LexisNexistm UK, 3) Chris Turner Unlocking Torts, 1st Edition (2004), Hodder Stoughton 4) I. M Yeats P. Giliker, Law of Tort, (2006), University of London

Literature Review Of Greenhouse Farming Technology Environmental Sciences Essay

Literature Review Of Greenhouse Farming Technology Environmental Sciences Essay This chapter presents a review of the literature on the topic of challenges faced when introducing greenhouse farming technology for agriculture. The chapter is structured on the basis of the research questions: Awareness of the product and its advantages to the farmers, challenges faced by farmers, legal issues surrounding this new technology and challenges faced by the firm introducing this new technology. Information is the key to making sound decisions. Some farmers are unaware of the availability of a suitable machine, tool, or implement that could aid in their usually tedious work. They might be secluded from the technology by natural barriers and sociopolitical boundaries, Paras et al. (2005). He goes on further to say sadly enough, some farmers are even lackadaisical and seemingly uninterested in mechanization. According to Weiderhold (2007), Industry is rarely ready to accept an innovation when it first presented. There are many reasons for lack of acceptance: the two major ones he cites are: The innovation is not understood by industry because, as a byproduct of the innovation new terms have been defined. The innovation is understood or at least understandable, but there are no resources at that time to try to develop and market the innovation According to Hammond et al (2005) the major barriers to improving food and nutrition security include issues dealing with farming practices, farmers ignorance of sustainable actions to take, and variations in the weather. Over-cropping takes place, which leaves the land choked, degraded, and often infertile. Farmers often grow the wrong crops in the wrong places causing low rates of crop growth and problems with soil degradation. Droughts cause problems because virtually none of the small subsistence farms have other ways of irrigating crops other than the rain. Also, in some areas, nonstop rain drowns fields and farms. Erosion has carried away much of Kenyas fertile topsoil. Searles (2007) states that a subsistence farmer in Kenya, which is the main target market for the greenhouses, cannot produce crops on a large scale if he does not know how to do so. It is hard to prevent problems such as soil erosion and degradation without knowing what to do to stop it. One also cannot eat enough if they do not know how much enough is or other things such as what foods provide how much energy. Also, one cannot eat enough nutritious foods if one does not know what foods are high in certain needed nutrients. There is also the problem of sheer lack of enough food. If a family farm was educated on how to grow enough food to eat as well as sell they would have enough income in order to meet their needs by purchasing food and other things. She also stresses that there has been little effort towards education of the family farmers. In the cities there are resources available in order to educate a farmer but it is not accessible to many rural citizens. There has been no centralized effort to educate the majority of farmers on sustainable development issues. 2.2.2 Limited-Resource Farmers According to the UNDAF (2008) Poverty, especially income poverty, remains one of the most formidable challenges for Kenyans today. Over 45% of Kenyas population still lives in poverty, with some 12.6 million of the estimated 33 million population living below the poverty line of less than one dollar a day. Rural communities, especially those in ASAL (Arid and Semi Arid Lands) areas and those in informal urban settlements, are the most affected. Most of the rural poor in Kenya (75% of poor households) depend on agriculture for their livelihoods (United Nations Development Assistance Framework [UNDAF], 2008) Each farm is fairly small, producing enough food to feed the family and some to sell. There are main crops grown in larger fields while smaller fields exist to grow smaller amounts but larger varieties of foods for the family to eat. Only 17% of Kenyas consumed food is imported to the country and that is mostly for the upper class citizens. With 64% of the people living in rural areas, and 80% of these practicing subsistence farming or cattle herding, the situation of food insecurity is severe. The people living in the urban areas are those that raise the general standards per capita with wage income and calorie consumption. Those in the rural areas, in general, receive less than the average of the per capita measurements. This means that nearly 52% of the population does not earn enough money, eat a well-balanced diet, or receive enough calories. Each person in the country is falling about 115 calories short of the average requirement human beings each day. The average income of each person is very low on the global scale and does not provide for many needed or very helpful supplies in the home or food wise. The poor in Kenya also receive less protein and other nutrients needed for good health. 2.2.3 Reluctance, Resistance to Change and Risk Aversion Experience indicates that Kenyan farmers are generally reluctant to changes in their farming activities for this is their way of life. They have the wait-and-see attitude. Although many farmers are very much open to new ideas and technology, there are more farmers who would first want to see a working model or system before they follow the lead states the Kenya-Advisor (2009). Like any new technology, greenhouse technology faces some of the same market problems as other innovations where few people would be willing to try out a new product. We can use the Rogers adoption model to better understand this concept. According to Popelka, Terryn, et al. (2004) the technology adoption lifecycle model describes the adoption or acceptance of a new product or innovation, according to the demographic and psychological characteristics of defined adopter groups. The process of adoption over time is typically illustrated as a classical normal distribution or bell curve. The model indicates that the first group of people to use a new product is called innovators, followed by early adopters. Next come the early and late majority, and the last group to eventually adopt a product are called laggards. According to Knowler, B. Bradshaw (2007) we can see from the model that most people (68%), fall under early majority or late majority, meaning that most people would be unwilling to try out new innovative products such as greenhouse farming because they are uncertain of its success. Diagram according to Knowler, B. Bradshaw (2007). 2.2.4 Lack of Training from Extension Personnel Extension is the battlefront of technology transfer. The people involved in extension must not only be technically updated but must also possess good management and interpersonal skills. With so much on their shoulders, most of them might be lacking the capability to integrate the greenhouse technology into the total farming system. According to Wilson, T.A., (2005) Efforts have been made in Kenya to improve on the policy framework for extension services. In this regard a National Agricultural Sector Extension Policy (NASEP) has been formulated and aims at giving extension a sector-wide dimension and representation to take over from the current National Agriculture Extension Policy (NAEP). It is also to guide and regulate the provision of agricultural extension service in the country. Currently, the NASEP implementation framework is being prepared. 2.2.5 Lack of Education According to the nation encyclopedia (2009) Seventy-four percent of children in Kenya attend primary school, but only 24% move on to secondary school. Kenya has an 82% literacy rate. Children of impoverished subsistence farms often do not attend school due to the necessity of their help on the farms. The more money a family has the higher likelihood the children will attend school. There are public schools in both urban and rural areas for the children to attend. There are fewer schools in rural areas than in urban and many in the rural areas are not the highest quality. 64% of the population is located in rural areas. Rural poor are at a great disadvantage to receiving education. They have little money to find needed resources for knowledge and live far from cities where that knowledge would be available. Urban poor are at a disadvantage, but much less than rural, because they are near the information. The poor also cannot afford to spread the knowledge to other farmers and cannot afford to attend college which would give adequate information on sustainable development. Even some in urban areas may have no access to information about sustainable practices because there are no libraries or institutions of higher learning in the cities. There is more education for subsistence farmers occurring in Kenya, but not on a large scale. According to John Makeni (2009) Kenyans have been offered education on expansion of horticulture and access to credit and business services by USAID, which has led to a small increase in rural incomes. USAID has also trained 6,350 teachers in the Northeastern and Coast Provinces in order to educate children in public schools in those areas, which will give the young a base of information to draw from. This may help with sustainable development in the future. USAID is helping communities manage their resources in more sustainable ways. The program set up by USAID focuses on community-based wildlife management, forestry and environmental management, and coastal zone management. 770,000 hectares of land are being put under improved management, $652,000 U.S. dollars in revenues from nature-based businesses has been earned, and 1,200 new jobs have been created to deal with the many issues. Parliament has enacted an environmental bill and is working on a land policy review process and fore stry and wildlife bill. 2.3 Government The greenhouse farming technology for agriculture is relatively new in Kenya and there is very little if any legislation available. This section of the paper will therefore review legislation from countries that have laws on greenhouses and their impact on the adoption of the greenhouse technology in those countries. 2.3.1 Role of Government in Agricultural Technology transfer Agricultural technologies and knowledge have, until recently, largely been created and disseminated by public institutions. But over the past two decades, biotechnology for agricultural production has developed rapidly, and the world economy has become more globalised and liberalised. This has boosted private investment in agricultural research and technology, exposing agriculture in developing countries to international markets and the influence of multinational corporations. But the public sector still has a role to play, particularly in managing the new knowledge, supporting research to fill any remaining gaps, promoting and regulating private companies, and ensuring their effects on the environment are adequately assessed. According to P. Marenya, C. Barret (2007) Since the end of World War II, the public sector of developed countries has helped transfer agricultural technologies to developing countries. During this period, most developing countries in Latin America and Africa, as well as some countries in Asia (like India and Thailand), have depended heavily on agricultural production to support their economies. So general development activities were often aimed at modernising the agricultural sector. Still P. Marenya (2007) continues that, since the late 1970s, all this has changed. Technologies have become embodied in physical products, like farm machinery or agrochemicals. Exponential growth in such industries has led to a rapid expansion of private firms that create, manufacture and sell technology. Private firms have also seen opportunities to profit by using complex seed improvement research to create and then distribute new crop hybrids. And so, the role of the public sector has also had to change. 2.3.2 Early technology transfer in agriculture: a public sector activity According to C. Doss (2006) After World War II, the United States began a number of initiatives to build up agricultural science in developing countries and help transfer technology. US universities offered training programmes, for example through scholarships for international students, managed by the US Department of Agriculture (USDA). The USDA, the US Agency for International Development and some of the major US foundations, like Ford and Rockefeller, also supported university libraries in developing countries to help scientists access new research. Many of these activities had enormous effects in the developing world. For example, a Ford Foundation programme in Argentina supported close to 40 PhD students, creating a cadre of professionals in the country and consolidating agricultural economic analysis in local institutions like the National Institute for Agricultural Technology. According to J. Oehmke, E. Crawford (1993) In the early 1960s, the International Rice Research Institute and the International Maize and Wheat Improvement Centre (CIMMYT) were formed in the Philippines and Mexico respectively. These two centres evolved into a network of independent research institutions in Columbia, Ethiopia, India, Indonesia, Italy, Kenya, Nigeria, Peru, Syria and the United States. In 1971, the association of donors that supported the research centres became the Consultative Group for International Agricultural Research (CGIAR), and the 15 institutions that exist today are known as the Future Harvest Agricultural Research Centres. Piniero (2005) states that, developing countries created National Agricultural Research Institutes (NARIs) to do applied research. In Latin America, all countries, with the exception of El Salvador and Paraguay, have such an organisation. There are also similar organisations in Kenya and Uganda in Africa, and India and Pakistan in Asia. Evenson and Gollin (2003) International research centres developed technologies for major global food crops such as rice, wheat, corn, cassava, potatoes, millets and beans. National research institutes used applied research to adjust these technologies to fit relevant ecological and production conditions. The national and international centres worked closely together, sharing training and frequently involving scientists from both sides in visits and seminars. National centres then provided advice and counselling to local farmers, diffusing the new knowledge into the countrys production system. This system worked especially well for disseminating improved crops and new production techniques. For example, plant breeding work at CIMMYT developed a new family of wheat varieties in the early 1970s that were being used by more than 80 per cent of all wheat areas by the late 1990s, Evenson and Gollin (2003). And the research institutes set up during the 1960s and 1970s in the developing world were largely responsible for substantially increasing yields. For example, global cereal yields doubled between 1960 and 1985, Conway (1997). Technology is still transferred to developing countries this way, but recently, public funding for agricultural research has diminished, and science has grown more complex. 2.3.3 A changing role for the public sector According to I. Tzouramani, K Mattas (2004) Over the last two decades, advances in sciences like molecular genetics have enabled rapid development of biotechnology for agricultural production. Meanwhile, economic globalisation and trade liberalisation has increasingly exposed agriculture in developing countries to international markets and multinational corporations. Technologies that exist as marketable products, like seeds, agrochemicals and agricultural machinery, have grown quickly. James (2004) noted that this in turn, fuelled private investment in agricultural research and technology, particularly by international corporations that benefit from economies of scale, and have access to world markets. But research activities in the private sector have limited scope. For example, private research into seed improvement concentrates on just a few crops, like corn and soybeans, that are grown in temperate regions. Such specialisation is even greater in biotechnology, where over 70 per cent of the land planted with transgenic breeds grows just four crops soybeans, corn, canola and cotton, James (2004). Because of this narrow focus, the private sector usually disseminates its advances to developing countries that practise commercial agriculture in temperate climates and have relatively large markets. Small-scale farmers in developing countries still largely rely on the public sector for technology transfer, especially if they cultivate crops that dont interest private f irms. According to H. Zavale (2006) Public institutions are slowly adapting to these new circumstances by redefining their positions and priorities. CGIAR has emphasised its role in developing and transferring technologies that are adapted to small and poorer farms. The organisation is also beginning to consider work on non-food crops. Similarly, national research institutions, like the National Institute for Agricultural Technology in Argentina and the Brazilian Agricultural Research Corporation, are concentrating on crops and ecological conditions relevant to small farms. They also research techniques that complement private sector developments, for example by developing production systems and conservation methods that make using new technological products (such as agrochemicals, farm machinery and improved crops) more efficient. 2.3.4 A new way to approach technology transfer According to Thirtle. Et al (2003), The new economic and scientific context requires a new, more complex, model for transferring technology. The evolving model has four main components: knowledge management, gap filling research, promotion and regulation of the private sector, and environmental impact analysis (see Figure 1). Figure 1. A multidimensional model of agricultural technology transfer for the public sector 2.3.4.1 Knowledge management According to D. Scharfstein, C.F. Manski, J. Anthony (2004), The public sector continues to be largely responsible for knowledge management that is, articulating national needs, matching them to scientific opportunities, mobilising available technology, and adjusting them to farmers needs. NARIs and universities undertake this role in many developing countries. They help develop both new and orphan crops, promote successful agriculture in poor ecological conditions and tackle small-scale technological problems, none of which greatly interest the private sector. Such work accounts for much of the research done by local institutions, and needs to be strengthened. Local institutions should provide incentives for their staff to collaborate with international researchers and seek synergies with research done elsewhere. In many ways the CGIAR centres are important in helping integrate local efforts with the knowledge available worldwide. 2.3.4.2 Gap-filling research According to R. Deheija, S. Wahba (2002), National public research institutions also have a major responsibility for research in areas ignored by the private sector. This gap filling research is particularly relevant to technologies that are not embodied in physical products for example, forage management, animal health, soil management and conservation and irrigation practices. Elbehri, A. and S. Macdonald (2004) further support this point stating that Public research into agriculture in developing countries represents about a quarter of worldwide expenditure in agricultural research. But it needs to be managed effectively if it is to produce high quality research to complement internationally available technologies and help developing countries acquire and use them. Some countries, like Brazil, China, India and Vietnam, have already taken action, using careful planning and working with research institutions in developed countries research institutions to help focus research. 2.3.4.3 Promoting and regulating the private sector According to Sankula (2006), The public sector should also both promote private investment and regulate private companies. Several policies can help encourage the private sector to invest in technologies that are relevant to farmers in developing countries. First, adequate intellectual property rights legislation can be put in place. This allows private companies to protect profits from their research, helping attract investors and promoting research. Second, tax and credit facilities can provide indirect economic incentives to investment. Third, setting up frameworks for turning new technologies, like seeds or agrochemicals, into commercial realities for example consistent biosafety regulations, royalty agreements, profit sharing and reinvestment can be used to encourage interactions between private firms and public institutions, supporting joint activities and, thereby, encouraging technology transfer. 2.3.4.4 Environmental impact analyses According to Young, B. G (2006), policymakers must consider the environmental consequences of agricultural research. New agricultural technologies often use natural resources intensively, potentially damaging the environment, for example through land degradation or water contamination. This is especially true if the new technology is imported without being tested in local conditions. According to Wilson, T.A., M.E.. Rice, et al. (2005) Genetically modified crops are a good example. Developing countries like Argentina largely rely on industrialised nations to provide genetically modified breeds. Close to 90 per cent of Argentinas soybean crop is transgenic, and this has proved highly profitable in the past ten years. But the full environmental effects of expanding to marginal areas, displacing other crops and livestock, and using crop rotations are still unknown. Policymakers can help by developing regulatory measures, like mandatory environmental impact assessments, to minimise potential environmental damage and to protect consumers. 2.3.5 Protection of Patents and other Rights The issue of Farmers rights has brought concerns within the seed industry, farmer communities and policy makers especially in Africa. Organisations such as The African Seed Trade Association (AFSTA) recognize the contribution of farmer communities to the conservation and the improvement of plant genetic resources for food and agriculture. They balance the important role of the African seed industry in maintaining and improving crop yields through continuous crop breeding to create superior varieties, which benefit farmers and to which they have access stated Bouis, H.E., B.M. Chassy et al. (2003). They support access to genetic resources for breeding purposes by all breeders i.e. farmers themselves, public research institutes and seed companies and is not in favor of any regulations that prevent them from sustainably exploiting available plant genetic resources to add value to their crops. According to UPOV articles (1991), In addition, breeders need to get a reasonable return on their investment in plant breeding so that they can continue developing novel products. Free use of farm-saved seed undermines this principle and would lead to less breeding efforts and eventually prevent the release of new varieties to the detriment of farmers and agricultural development as a whole.In Africa, lack of public and private investment in plant breeding has led to a shortage of improved varieties limiting the choice of farmers. To give incentives to breeders, there is need to protect new varieties using intellectual property rights as provided for under the UPOV 1991 Convention. This Convention gives adequate protection against inappropriate use of protected varieties while having provisions for free access and use for further breeding purposes i.e. breeders exemption and the compulsory exception of acts done privately for non-commercial purposes (Article 15 (1) of UPOV 1991 Convention) allowing African subsistence farmers to save and use seed from their own harvests, specifically for their own use. As stipulated in article 9 (3) of the International Treaty on Plant Genetic Resources for Food and Agriculture (IT PGRFA), this right is subject to the national law in force in a given country where such acts may be prohibited or subject to specific requirements and/or limitations i.e. the right is not unconditional for farmers and the Article 9 does not intend to limit any rights granted to them at national level. Under the UPOV 1991 Convention, national laws may allow farmers to replant on their own farm the seed produced on that same farm without the consent of the breeder of the protected variety. This exception however must remain within reasonable limits and is subject to the safeguarding of the legitimate interests of the breeder (Article 15(2) of UPOV 1991 Convention). This optional exception to Plant Breeders Rights should be limited to food and feed crops where farm-saved seed has been used traditionally and subject to the obligation that farmers provide information concerning the use to the breeder and to the payment of an equitable remuneration. However, this UPOV Convention has a provision that allows the free use of farm-saved seed of a protected variety for non commercial purposes by African subsistence farmers. It is very important that governments and all seed stakeholders make efforts in Africa to promote the development of more improved varieties with a view to addressing the needs of the diversified agro-ecological zones of the continent, which is widely ignored by the rest of the world, through effective protection of new plant varieties with clear mechanism of royalty collection for the breeders. 2.4 Firm Introducing the Technology 2.4.1 Training for Farmers Provision of training to small scale farmers is especially difficult due to their low levels of education. 2.4.2 Appropriate distribution channels Kenya has a wide geographical area where farming is done and so it is therefore difficult for one firm to serve the needs of these customers all over Kenya. Appropriate distributors and distributor channels therefore need to be identified to ensure that the technology is available to farmers all over the country. According to Kotler (2000) Distribution (also known as the place variable in the marketing mix, or the 4 Ps) involves getting the product from the manufacturer to the ultimate consumer. Distribution is often a much underestimated factor in marketing. The problem is that retailers may not be willing to devote shelf-space to new products. Retailers would often rather use that shelf-space for existing products have that proven records of selling. This would therefore be a disadvantage to the firm introducing the greenhouse technology since it is new and untested in the Kenyan market. 2.4.2.1 Manufacturer Distribution Preferences According to Savadogo, Reardon and Pietol (1998), Most manufacturers would prefer to have their products distributed widelythat is, for the products to be available in as many stores as possible. This is especially the case for convenience products where the customer has little motivation to go to a less convenient retail outlet to get his or her preferred brand. Soft drinks would be an extreme example here. The vast majority of people would settle for their less preferred brand in a vending machine rather than going elsewhere to get their top choice. This is one reason why being a small share brand in certain 2.4.3 Sample Farms The firm may need to create sample farms since farmers have a way of convincing other farmers to adopt a technology that they have successfully and profitably utilized. This is the basis for the model farmer, model farm strategy. However, this is double-edged; a bad experience by a farmer regarding a certain technology could spread like wildfire and could create reluctance rather than acceptance. However, a sustainable working system being used by a farmer cooperator would enhance receptivity to the greenhouse technology. 2.4.4 Revitalizing Government Policies According to Paras et al, (2005), Reviewing the policies on tax regarding the importation of agricultural machinery and parts (engines, pumps, sprayers, etc.), and all other materials and equipment for the manufacture of agricultural machinery would have a large effect on mechanization. At the same time, the government should try to make arrangements for companies to manufacture the greenhouse materials and parts locally. This in effect would also bring down the cost of greenhouses in the market. 2.4.5 Inability of Farmers to pay for Products As stated earlier, many of the small scale farmers in Kenya are unable to adopt this new method of farming due to the high initial cost of installation. This means that companies that sell these products do not have enough clients to sell their products to. However, some companies such as Amiran in Kenya are now entering into partnerships with financial institutions such as Equity bank to bridge this gap. A copy of the agreement is attached in the appendix. 2.5 Chapter Summary This chapter aims to review the relevant literature in relation to the research questions presented in this study. It identifies the barriers that exist in introducing the greenhouse farming technology from the farmers point of view, the governments role and from the view of the firm introducing this product. Subsequent chapters will try to provide the challenges from a Kenyan perspective from actual farmers and business people.

Sony Playstation Vs Nintendo 64 :: essays research papers

In the last two years of 1995 and 1996, the video game world was taken into another gaming dimension. The releases of the Sony Playstation in September of 1995 and the Nintendo 64 in September of 1996 has given the gaming public an enormous boost of technological advances in the home entertainment system for the common man. Sony and Nintendo soon became heated rivals as each company tries to out sell each other in the gaming marketplace. Eventhough the Sony Playstation and Nintendo 64 are two different systems. They both have some similar qualities and some very notable differences. First of all the most notable difference between the Sony Playstation and Nintendo 64 is the processing power. Most noteworthy is the fact that the Nintendo 64 is a 64-bit machine, while the Sony Playstation is only a 32-bit system. This means the Nintendo 64 can produce better graphics in a game, while the Sony Playstation's graphics aren't as good. The colors in the Nintendo 64's games are more vibrant, while the Playstation's colors seem to be more dull. Another difference is in the price of each of the systems. The Nintendo 64 is a bit more pricey at $199.99 than the Sony Playstation at $149.99. The games for each of the system also plays at vital role in the gaming marketplace. Both of these systems has some advantages when it comes to games. The Sony Playstation is the favorite in this category, with over 170 games with many 3rd party developers in its extensive library of games. Obviously the Nintendo 64 has less games in its library, due to the fact that the Nintendo was released a year later. The Playstation specializes in the sports genre with many different sporting titles. Sports games such as Madden football '98, NHL'98, NBA Live '98, and PGA Tour Golf '98. The Nintendo 64 specializes in the action/adventure genre with various different titles. With action/adventure games such as Turok: the dinosaur hunter, Super Mario 64, Goldeneye, and Super Mario Cart 64. The prices of the games for the Nintendo system are very expensive compared to the Sony. A Nintendo game can range in price from $59.99 to $69.99 and a Sony game can cost between $39.99 and $49.99. Another difference between the Nintendo 64 and the Sony Playstation is the media in which the games are stored. The Nintendo uses cartridges to store its games while Sony's machine is CD-ROM based.

Insulin Response in Low Carbohydrate Diets Essay -- Health Nutrition D

Insulin Response in Low Carbohydrate Diets   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  With the current popularity of the Atkins diet and similar plans that emphasize a reduced intake of carbohydrates, it is important to understand both the theory underlying these diets and the effects of low carbohydrate consumption on one's health. In particular, it is crucial that anyone considering such a program understand the effects of low carbohydrate diets on the body's insulin response, as well as consequences of low and high insulin levels in the blood. Therefore, the research on the insulin response to reduced carbohydrate energy bars contained in the article "Glycemic and insulinemic responses to energy bars of differing macronutrient composition in healthy adults" by Steven R. Hertzler and Yeonsoo Kim should be considered.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The basic concept of the Atkins diet is that certain high carbohydrate foods, such as bread and foods high in sugar, should be reduced or eliminated from the diet, or at least replaced by foods lower in carbohydrates. An example of an acceptable low carbohydrate food is the Atkins Advantage Bar, a low-carbohydrate energy bar that is primarily protein and fat and which represents the low carbohydrate food studied by Hertzler and Kim. The scientific theory behind Atkins' proposed shift from carbohydrate and toward protein and fat is that carbohydrates theoretically elicit an increased insulin response. In this context, "increased insulin response" means that the pancreas releases high amounts of insulin into the bloodstream during the digestion of carbohydrates. The Atkins theory also holds that there is a link between high insulin levels in the blood and undesired metabolic effects. Such effe... ...response may suggest that these diets do not achieve this objective. A probable explanation for the increased insulin response of the low and moderate carbohydrate bars is that protein and/or fat are substituted for the removed carbohydrate, and both protein and fat can trigger an increased insulin response. However, it is more likely that the protein triggered the insulin response since several studies have demonstrated that dietary protein and certain amino acids, the building blocks of protein, are insulinogenic, or insulin inducing.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Thus, participants in a low carbohydrate program may continue to experience the adverse metabolic conditions of inhibited fat breakdown and increased blood cholesterol. Additionally, these data suggest that such diets might not contribute to weight loss or to bettering one's overall health.   Ã‚  Ã‚  Ã‚  Ã‚  

General Motors/UAW :: essays research papers

GM/UAW What Can We Expect? In the past, General Motors (GM) has been the top seller of the three major automakers and had one of the strongest unions in the United States. Today, GM is decreasing in rank due to other automakers. The moral among the members of the United Auto Workers (UAW) is diminishing. If things continue on this current path, GM may be of the pass. Even with all the discounts GM is advertising, this may not be enough to pull them out of their financial burden. Could the answers to GM worries be the UAW? The UAW was organized in the late 1930’s. The purpose of the organization was to protect the workers rights. GM was not in agreement with the workers forming a union. After much debate, the workers staged a sit down strike that lasted about six weeks. This tremendously affected GMs’ profits and they decided to give recognition to the UAW as having the right to represent workers who are union members. The UAW and GM are both strong organizations in their own rights. They must put aside their past disagreements and come together to help GM out of this financial situation. GM has threatened to make cuts on their own, causing breakdown in the relationship with the union. UAW is willing to make concessions, but not to the extent of what GM is demanding. UAW needs to open a contract talk before 2007, in order for GM to survive. Without a GM there will be no UAW, and UAW needs to remember that. GM and UAW seem to be playing a dangerous game that can destroy many people’s lively hood. GM is hurting financially and instead of asking for help from the UAW, GM prefer to threaten them about health care costs. GM chairman, G. Richard Wagoner Jr., said recently that he prefers to collaborate with the UAW on health care issues rather than a fight. Mr. Wagoner stated that he would press the issues for health care cost cuts with or without the union’s approval. It is crystal clear that we need to achieve a significant reduction in the health care cost disadvantage and it needs to be done now (Welch, 2005). GM is seeking to slash health care cost and the stakes are massive. Billion in potential savings for GM if their demands are met, but if not GM will have lost billions if the UAW strikes.

Effect of Texting on Teens Essay

Cell phones are becoming a modern day necessity, to the point that they are a must have for every teenager and adult. Human beings are growing increasingly attached to these devices, depending on them more and more for their communication with other people, job duties, and other daily activities that they must accomplish. One way that we are taking advantage of cell phone technology at a rapidly growing rate is through the use of text messaging. It seems that anywhere you are likely to see people glued to phones screen, fingers typing away. In schools, malls, and cars we see them. On sidewalks, streets, and in crosswalks we see them, heads down typing away. Sometimes we may be one of those people with our fingers glued to our phones keyboard or touchscreen. Does this really affect our day to day activities? This research paper, against contrary belief, concludes that texting does not affect teenagers adversely. Many people believe that texting affects teenagers in many ways. On the contrary, teenagers believe that they can keep a balance between texting and social interaction. They know when to use text language and when to use regular English (Edutopia). Noting that there are some negative aspects of texting, such as- phone addiction, social awkwardness e.t.c. It has many positive aspects to it also. Many would argue that texting has dampened their children’s ability to interact on a face-to-face level with their peers, but others would argue against that, and say that it allows people more freedom to contact those that they do not see regularly. Many teenagers have cell phones now and that is seen as a blessing and curse by both parents and children. Often, a child will get a cell phone as a means to communicate more easily with their guardians, which gives them some measure of freedom that they hadn’t had before. Teens appreciate that freedom and they also feel a sense of being connected to their parents, since they can be contacted at any time. Parents are thankful that they have that connection. When parents feel that their children are using their phone  too much, they may put restrictions on the usage of phones. This keeps, both the parents and the children happy. With the uprising of technology many are concerned about the social ramifications that texting holds, particularly on younger generations. Between teenagers and their friends â€Å"cell-phone texting has become the preferred channel of basic communication† (Lenhart) and it’s becoming commonplace for children at younger and younger ages to communicate with their friends via text messaging as opposed to phone conversations or even face-to-face. A majority of modern teenagers, defined by the Pew Research Center as ages 12-17, will text their friends at least once a day. A smaller percentage call theirs friends daily and an even smaller number talk to friends face-to-face. Though texting might take some kids away from social interactions, it also opens the door for many other children to communicate with their peers through a way that makes them feel safer. Texting can be a good alternative for children that suffer from: * Social anxiety * Loneliness * Shyness As texting does not looking at the person you are talking to, directly, it boosts confidence of children and helps them to become socially active. â€Å"I think it’s possible to say that the electronic media is helping kids to be in touch much more and for longer. It is also helping lonely children to make more friends and making children feel socially involved† (Hilary Stout) After discussing several points raised above, one major question arises, does texting have any negative effect on literacy of teens? The answer to this question is very debatable, but using two studies, this research paper will prove that texting does not have any negative effect on literacy of teens. The first study, â€Å"The effect of text messaging on 9- and 10-year-old children’s reading, spelling and phonological processing skills† proves that there is no significant evidence that texting was good or bad when the researchers compared the two groups that were tested. However, it did find  that by using texting, children improved their spelling skills when compared to other children in the intervention group. It also found that the number of messages sent and received was positively correlated to lexical retrieval skill. (Wood, C) The second study, â€Å"Txt lang: Texting, textism use and literacy ability in adolescents with and without specific language impairment† Forty-seven typically developed (TD) and 47 adolescents with specific language impairment (SLI), all age 17, were used in the study. The adolescents with SLI had developmental problem in understanding and expressing language that were not related to other developmental disorders, such as mental retardation. The study was conducted by K. Durkin, A.J. Walker, and ContiRamsdent from the School of Psychological Sciences and Health. All adolescent completed tests that included the Wechsler Abbreviated Scale of Intelligence to test for their IO. To test their language ability the CELF-4 was used. Reading was assessed by the Test of Reading Efficiency test. And lastly, to test their reading and spelling abilities, the sub-tests of the Wide Range Achievement Test were used. Evaluation of texting frequency was done by asking how often the participants texted per week and marked on a five–point scale. The participants were also sent a text message asking them what they usually do on Saturdays. After receiving their response, it was coded for structural characteristics, such as number of messages. The study found that the adolescents sent fewer text messages than their typically developed peers. They also responded in lesser amounts. Sixty-eight of the SLI adolescents compared to 87% of the TD adolescents responded. The adolescents with SLI that responded scored higher in reading than the non-senders. The study also found that the senders and non-senders in the TD group were similar in language and literacy.(Durkin, K) Majority of people thought that text messaging would have a negative impact on students writing and literacy, however, the studies analyzed show a different story.If taken as a whole, these studies seem to indicate the opposite of the concern that text messaging is bad for literacy. Both the studies found a positive relationship between reading and spelling. The first study found that those who used texting had better spelling skills, and the number of text messages sent and received was related to the ability to retrieve words from memory. The second study found that those with specific language impairment sent less text messages. This suggests that in order to get into texting, you have to have better reading skills. In the end, these studies don’t support the concerns that texting is harmful to literacy. After scrutinizing the positive and the negative aspects of texting, It is very clear that the positives weigh more than the negatives. texting may not always make teens socially awkward, but can help any children to be socially more active and confident. If the amount of phone usage of children can be regulated to an extent where both the parents and the children are happy, it can be very helpful for the both of them. children can always stay connected with the parents and parents can know the whereabouts of their children. Texting is also very important as it does not disturb a person as much as a phone call would. Teens have to socialize, and phone calls are much more distracting than sending text messages, both for the children and the people around the children. â€Å"Teens tell us how texting is more efficient, how they don’t have to go through the preamble and niceties of a phone conversation.†(Lenhart) It is a very clear from the above discussion, that if texting can be regulated, it helps a lot. children do not feel unsafe while travelling alone as they can text their parents anytime, they do not get disturbed by phone calls, they can contact people they do not see regularly, texting also helps improve spellings, e.t.c. Against popular belief, texting does not harm teens adversely, rather, it helps teens in many ways mentioned above. So, if done in a regulated manner, texting is not bad for teens. Bibliography Internet sites: Hafner, Katie. â€Å"Texting may be taking a toll.† The New York Times, May 26, 2009 http://www.nytimes.com/2009/05/26/health/26teen.html?_r=0 Lambert, Victoria. â€Å"Docs’ fear for text mad teens.† The SUN, November 30, 2010 http://www.thesun.co.uk/sol/homepage/woman/parenting/3251846/Studies-look-into-risks-and-effects-of-texting-for-children-and-teenagers.html â€Å"Teens, Cell phones and Texting.† pewresearch.org, Pew Research Centre, April 20, 2010 http://pewresearch.org/pubs/1572/teens-cell-phones-text-messages Elyse,Toribio. â€Å"Textings effect on grammar.† NorthJersey.com, August 13, 2012 http://www.northjersey.com/news/business/tech_news/165943756_Texting_s_effect_on_grammar_is_debated.html â€Å"How has texting affected the social life of teens.† Livestrong.com, Livestrong, September 1, 2011 http://www.livestrong.com/article/532976-how-has-texting-affected-the-social-lives-of-teens/ Stout, Hilary. â€Å"Antisocial Networking?â⠂¬  The New York Times 30 Apr. 2010: ST1. Web. 27 Feb. 2012. . Does text messaging harm students’ writing skills, No publisher, edutopia.org http://www.edutopia.org/poll-text-messaging-writing-skills Lenhart, Amanda. â€Å"Teens, Cell Phones, and Texting.† Pew Research Center Publications. Pew Research Center, 20 Apr. 2010. Web. 25 Feb. 2012. http://pewresearch.org/pubs/1572/teenscell-phones-text-messages Studies/ Researches: Wood, C., et al. â€Å" The effect of text messaging on 9- and 10-year-old children’s reading, spelling and phonological processing skills.† Journal of Computer Assisted Learning (Feb. 2011): n. pag. Academic Search Premier. Web. 24 Feb. 2012. Durkin, K., G. Conti-Ramsdent, and A.J. Walker. â€Å" Txt lang: Texting, textism use and literacy abilities in adolescents with and without specific language impairment.† Journal of Computer Assisted Learning (Feb. 2011): n. pag. Academic Search Premier. Web. 23 Feb. 2011

Technical Writing Pdf Essay

1. Overview The traditional way of writing government documents has not worked well. Too often, complicated and jargon-filled documents have resulted in frustration, lawsuits, and a lack of trust between citizens and their government. To overcome this legacy, we have a great responsibility to communicate clearly. Studies show that clearly written regulations improve compliance and decrease litigation. Writing that considers our readers’ needs improves the relationship between the government and the public it serves. Clear writing reduces the burden on the public. It also reduces our burden because we don’t have to deal with the consequences of unclear communication. How can we be better writers? We believe that the most important goals are these– †¢ Write for your reader †¢ Write clearly †¢ Write in a visually appealing style The next several pages summarize some of the best techniques to achieve these three goals. Following the summary, you’ll find detailed suggestions for applying these techniques to your writing. Write for Your Reader Writing for your readers sends a message that you have considered who they are and what they need to know. When you communicate a concern for your readers’ needs, they are more likely to be receptive to your message. When your document is plainly written, your readers are more likely to– †¢ Understand what you want and take appropriate action †¢ Focus on key information †¢ Believe that you are concerned with their needs Identify your audience Identify your audience early and think about why the reader needs to read the document. Identify people who will be interested, even if they are not directly affected. Write to everyone who is interested, not just to technical or legal experts. Keep in mind the average reader’s level of technical expertise. Organize to meet your reader’s needs People read documents to get answers. They want to know how to do something or what happens if they don’t do something. Organize your document to respond to these concerns. Frequently this means describing events as they occur–you fill out an application to get a benefit, you submit the application, the agency reviews the application, the agency makes a decision on the application. Think through the questions your readers are likely to ask and then organize them in that order. For regulations, you can organize them into a comprehensive table of contents that will be an outline of the document. Use a question-and-answer format As much as possible, write section headings as questions. Try to ask the questions your readers would ask. Answer each question immediately. Using the question-and-answer format helps readers to scan the document and find the information they want. It also increases the chances that they will see a question that they didn’t have, but need to know the answer to. This format is enormously helpful to readers. Use â€Å"you† and other pronouns to speak directly to readers â€Å"You† reinforces the message that the document is intended for your reader in a way that â€Å"he,† â€Å"she,† or â€Å"they† cannot. More than any other single technique, using â€Å"you† pulls readers into your document and makes it relevant to them. Using â€Å"we† to refer to your agency makes your sentences shorter and your document more accessible readers. Use the active voice Active voice makes it clear who is supposed to do what. It eliminates ambiguity about responsibilities. Not: â€Å"It must be done. † But, â€Å"You [or someone else] must do it. † Using passive voice, which obscures who is responsible for what, is one of the biggest problems with government documents. Use the appropriate tone In regulations, tone is not really an issue. But the tone of other documents, such as letters, affects how well the reader takes in your message. A cold tone can cause the reader to tune out the message. In some cases, it causes him to put down your document rather than attempting to read it at all. Select the tone based on who your reader is and what his or her circumstances are. Write Clearly For years, most of us have addressed our documents mainly to technical experts and lawyers, rather than to the many other readers we want to influence. A jargon-laden, legalistic style does not clearly convey important information. You can reduce confusion or misinterpretation for all readers without sacrificing the technical integrity of your writing. How can you write more clearly? Government documents such as regulations present special challenges because of the highly technical information they often contain. At the same time, you have multiple audiences, some highly knowledgeable, some less so. In fact, focus-group results show that even technical experts do not always understand technical language easily or quickly. The following techniques will help ensure that you keep your language clear, so that your users can focus on technical information. Use short sentences Express only one idea in each sentence. Long, complicated sentences often mean that you aren’t clear about what you want to say. Shorter sentences show clear thinking. Shorter sentences are also better for conveying complex information; they break the information up into smaller, easier-to-process units. Vary your sentence structure to avoid choppiness, but don’t revert to tangled multi-clause sentences. Write to one person, not to a group Use singular nouns, pronouns, and verbs to direct your writing to one individual reader. This prevents confusion about whether a requirement applies to readers acting individually or in groups. Use the simplest tense you can Using simple present tense avoids the clutter of compound verbs and clearly conveys what is standard practice. Use â€Å"must† to convey requirements Use â€Å"must† for obligation, â€Å"may† for permission, and â€Å"should† for preference. Use â€Å"must not† to convey prohibitions. Avoid the ambiguous â€Å"shall. † When was the last time you heard â€Å"shall† in everyday conversation? Place words carefully There are several ways you can reduce ambiguity– †¢ Keep subjects and objects close to their verbs. †¢ Put conditionals such as â€Å"only† or â€Å"always† and other modifiers next to the words they modify. Write â€Å"you are required to provide only the following,† not â€Å"you are only required to provide the following. † †¢ Put long conditions after the main clause. Write â€Å"complete form 9-123 if you own more than 50 acres and cultivate grapes,† not â€Å"if you own more than 50 acres and cultivate grapes, complete form 9-123. † Use â€Å"if-then† tables If material is particularly complex and many conditional situations are involved, put it in an â€Å"if-then† table. Avoid words and constructions that cause confusion. Common sources of confusion include– †¢ Undefined or overused abbreviations and acronyms †¢ Two different terms used for the same thing (car, vehicle, auto, conveyance–choose one) †¢ Giving an obscure technical or legal meaning to a word commonly understood to mean something different (defining â€Å"car† to include trucks) †¢ Legal, technical, and â€Å"fashionable,† but confusing, jargon †¢ Strings of nouns forming complex constructions (surface water quality protection procedures) †¢ Pronouns that don’t clearly refer to specific nouns †¢ Stilted, wordy language Use contractions when appropriate. Contractions can speed reading, improve accuracy, and sometimes soften the tone of your documents. Write in a Visually Appealing Style We want our documents to help readers get information, comply with requirements, and apply for benefits with the minimum possible burden. Visually appealing documents are far easier to understand than more traditional styles. Traditional government documents are often dense and confusing. Replace blocks of text with headings, tables, and more white space. You will help your reader by making the main points readily apparent and grouping related items together. Use a clear and uncrowded presentation and your readers will be more likely to understand what you want to convey. In turn, your readers will be more likely to do what you want them to do in their dealings with your agency. How can you make your documents visually appealing? With visual layout, you draw your readers’ attention to information they need to know. Even though various government requirements, such as the Code of Federal Regulations (CFR) format, constrain government writers in a number of ways, you can still take significant steps to make your documents visually appealing to the reader. Use lots of informative headings. Headings attract your readers’ attention to important information. They help readers find their way through a document and locate important points. Pack each heading with lots of information. How often have you seen several different sections entitled â€Å"applications† or â€Å"appeals† in one set of documents? Applications for what? Appeals of what? If you say â€Å"Applications for underground mining permits on public land† the reader knows exactly what you’re talking about, and knows the difference between that section and another section entitled â€Å"Applications for a temporary use permit to transport cattle across public land. †On the other hand, headings should not be so long that they overwhelm the material in the section itself. Write short sections Short sections break up the material into easily understood segments and allow you to introduce a little white space. Short sections look easier to read and understand. Long sections can appear difficult and forbidding, even before someone tries to read them. Include only one issue in each paragraph Limiting each paragraph to one issue gives the document a clean appearance and contributes to the impression that it is easy to read and understand. By presenting only one issue in each paragraph, you can use informative headings that reflect the entire issue covered by the paragraph. Use vertical lists Vertical lists highlight a series of requirements or other information in a visually clear way. Use vertical lists to help your reader focus on important material. Vertical lists– †¢ Highlight levels of importance †¢ Help the reader understand the order in which things happen †¢ Make it easy for the reader to identify all necessary steps in a process †¢ Add blank space for easy reading Use tested emphasis techniques to highlight important points. Emphasis techniques are useful to draw the reader’s attention to a line or two. You should use techniques like bold and italics that have been tested on readers; they draw the reader’s attention to the area and are easy to read. You shouldn’t use ALL CAPS; they’re much harder to read. 2. Techniques for Better Writing This section provides examples of how to use the techniques listed in the overview. The examples are drawn from different agencies across the Federal government. Because we originally wrote this guidance for regulations writers, most of the examples are from regulations. You won’t find any of these exact examples in the Code of Federal Regulations. We’ve altered them to provide what we think are better examples of the techniques we recommend. Identify and write for your audience Identify who is affected by a document and write to get their attention and answer their questions. You have to grab your readers’ attention if you want to get your ideas across. Let’s face it, readers just want to know what applies to them. The best way to grab and hold their attention is to figure out who they are and what they want to know. Put yourself in their shoes. It will give you a new perspective. Tell your readers why the material is important to them. Say, â€Å"If you want a research grant, here’s what you have to do. † Or, â€Å"If you want to mine federal coal, here’s what you should know. † Or, â€Å"If you are planning a trip to Rwanda, read this first. † Identifying your audience should do more than just cause you to make sure the terms you use are clear. It should help you focus on the reader’s needs. You should do this by thinking about what your reader knows about the situation now. Then think about how to guide them from their current knowledge to what you need them to know. To help you do this, try answering the following questions– †¢ Who is the reader? †¢ Is there a secondary reader we need to give information? †¢ What does the reader(s) already know about the subject? †¢ What questions will the reader(s) have? †¢ What’s the best outcome for my agency? What do I need to say to get this outcome? †¢ What’s the best outcome for the reader? What do I need to say to get this outcome? Guide your readers from Point A to Point B in as straight a line as possible. Anticipate the questions readers have about what to read next. Many times a document has more than one audience. You may be talking to exporters and importers, or coal miners and surface owners, or airlines and passengers. NEPA documents typically speak to both stakeholders and agency decision makers. Break your documents down into essential elements and determine which elements apply to each part of your audience. Then group the elements according to who is affected. If you are writing about research grants, first tell the professor what he or she must do; then tell the university accounting department what it must do. Identify clearly whom you are speaking to in each section. Don’t make a reader go through material only to find out at the end that the section doesn’t apply. |Grant applications must provide the following information: |(a) When you apply for a grant, you must send us: | | | | |(a) Prior experience in the area covered by the grant; |(1) A description of your experience in the area covered by | |(b) Publications relevant to the area of the grant; |the grant; and | |(c) Other grants held at the time of application; | | |(d) Name and address of the chief financial officer; |(2) Copies of any material that you have published relevant | |(e) Nature of in-kind match being provided; |to the area of the grant. | |(f) Approved overhead rate; and | | |(g) Total proposed budget. |(b) Your financial office must send us– | | | | | |(1) The name and address of the chief financial officer; | | | | | |(2) A description of the in-kind match you will provide; | | | | | |(3) Your approved overhead rate; and | | | | | |(4) A proposed budget. | Organize to meet your readers’ needs Well-organized, detailed tables of contents make it easy for the reader to identify all elements in a document. Part of serving your readers better is organizing your document so that they can understand how a program works and where to find instructions for each step they need to complete. Your table of contents should be a reliable road map that readers can follow to get through a process painlessly. The table of contents below is organized in a logical sequence for a discretionary grant program. The organization follows the order in which events occur and in which the public might ask questions about the program. Part 791: Javits Gifted and Talented Students Subpart A: How the Grant Program Works Sec. 791. 1What is the Javits Gifted and Talented Students Education Program? 791. 2Am I eligible for a Javits Grant? 791. 3What activities are appropriate for Javits Grant funding? 791. 4What funding priorities may the Secretary establish? 791. 5What other regulations apply to the Javits Grant? 791. 6What definitions apply to the Javits Grant? Subpart B: How to Apply for an Award 791. 10Where do I write to obtain a Javits Grant application? 791. 11What materials do I need to submit to be considered for a Javits Grant? 791. 12Where do I send my application? 791. 13When is my application due? Subpart C: How the Secretary Makes an Award 791. 20How will the Secretary evaluate my application for a Javits Grant? 791. 21What selection criteria does the Secretary use to award Javits Grants? 791. 22Does the Secretary consider additional factors? Subpart D: Grantees’ Rights and Responsibilities 791. 30 Under what conditions may I use my Javits Grant award? 791. 31What are my responsibilities for serving students and teachers in private schools? The same organization works well for almost any type of regulation. Here’s an example of an administrative regulation– Part 725–CLAIMS FOR BENEFITS UNDER THE FEDERAL MINE SAFETY AND HEALTH ACT General 725. 1What does this program cover? 725. 2What special terms do I need to know to understand this part? Who is Covered. 725. 201Who is entitled to benefits under this program? 725. 202How long can my benefits last? 725. 203Are my dependents entitled to benefits? 725. 204How long will their benefits last? 725. 205Am I still eligible if I am convicted of a felony? How to Apply for Benefits 725. 301How do I file a claim? 725. 302Can other people give evidence on my behalf? 725. 303Are there any time limits for filing my claim? 725. 304Can I modify or withdraw my claim? How to Appeal Agency Decisions 725. 401Can I appeal a decision if I don’t agree with it? 725. 402How do I file an appeal? 725. 403How long do I have to file an appeal? 725. 404What types of evidence must I submit? 725. 405What happens if I won’t get a medical examination? Use useful headings 3 There are three types of headings– |Question Heading |A heading in the form of a question |Why Do We Use Headings? | |Statement Heading |A heading that uses a noun and a verb |Headings Help Guide a Reader | |Topic Heading |A heading that is a word or short phrase |Helpful Headings | Question Headings are the most useful. They ask the questions that readers are asking and guide them to the answers. Statement Headings are the next best choice because they are still very specific. Topic Headings are the most formal so many times management is more comfortable with them. But sometimes they’re so vague that they just aren’t that helpful. It’s best to stay with just one type of heading. The question-and-answer format is the most efficient way to communicate with your reader. The reader comes to your document with questions that he or she needs answered. It’s much more efficient to anticipate the reader’s questions and pose them as he or she would. By doing this, you make it easier for the reader to find information. | § 254. 11 Indian Rights. | § 254. 11 How do the procedures in this part affect Indian rights? | | § 254. 12 Applications. | | | § 254. 13 Multi-tribal grants. | § 254. 12 How do I apply for a grant under this part? | | § 254. 14 Administrative requirements. | | | § 254. 15 Appeals | § 254. 13. When must I submit my application? | | | | | | § 254. 14 Can a multi-tribal organization submit a single grant | | |request? | | | | | | § 254. 15 What special information do I need for an application by a | | |multi-tribal organization? | | | | | | § 254. 16 Must each tribe in a multi-tribal organization submit | | |certification forms and budgets? | | | | | | § 254. 17 If I receive a grant under this part, what requirements must | | |I follow? | | | | | | § 254. 18 What reports must I submit after receiving a grant? | | | | | | § 254. 19 How can I appeal administrative actions under this part? | The original version had short headings that were not helpful to the reader. In the new version, we’ve identified with the reader and written additional questions that became separate sections. Use pronouns to represent the reader and to refer to your agency. By using â€Å"you,† you address your reader personally and add immediacy to your document. When you address the reader as â€Å"you,† the reader feels that you are addressing him or her directly. Remember that even though your document may affect a thousand or a million people, you are speaking to the one person who is reading it. When your writing reflects this, it is more economical and has a greater impact on the reader. By using â€Å"you† to answer the reader’s questions, you clarify whom you are addressing. |Copies of tax returns must be provided. |You must provide copies of your tax returns. | Writing for an individual reader forces you to analyze carefully what you want the reader to do. By writing to an individual, you will find it easier to– †¢ Put information in a logical order †¢ Answer questions and provide the information that your reader wants to know †¢ Assign responsibilities and requirements clearly Be sure to define â€Å"you† clearly. |Facilities in regional and district offices are available to |If you are a member of the public, you can get copies of our | |the public during normal business hours for requesting †¦ |records at any regional district office †¦ | Define â€Å"you† by any of the following methods– †¢ State in the beginning of the document who the audience is–â€Å"This regulation tells you, a loan applicant, how to secure a loan. † †¢ Define â€Å"you† in the Definitions section–â€Å"You† means a loan applicant. †¢ Where you address different readers in different parts of the document, define â€Å"you† in each context– â€Å"How do different types of borrowers apply for a loan? If you are a small business, you must submit . . . If you are an individual, you must submit . . . † It’s especially important to define â€Å"you† where there are multiple audiences. |Lessees and operators are responsible for restoring the site. |Lessees and operators are responsible for restoring the site. | |You must ensure that †¦ |If you are the operator, you must conduct all operations in a| | |way †¦ If you are the lessee, you must monitor the operator| | |to ensure that †¦ | You may want to use â€Å"I† to refer to the reader. Since the question-and-answer format assumes that the reader is the one asking the questions, you should use â€Å"I† in questions to refer to the reader. Don’t use â€Å"I† in responses. In responses your agency (represented by â€Å"we†) addresses the reader. By using â€Å"I† to ask questions in headings, you are anticipating questions the reader may have. |Submission of applications. |How do I apply for a loan? | By using â€Å"we† to respond to questions, you state clearly what your agency requires and what your agency’s responsibilities are. You also avoid the passive and use fewer words. Since you will never be asking the questions (only the reader does that), you should not use â€Å"we† in section headings. You can define â€Å"we† in the definitions sections of your document if that will help the reader. |Loan applications will be reviewed to ensure that procedures |We review your loan application to ensure that you have | |have been followed. |followed our procedures. | |The Office of Consumer Affairs will process your application |We’ll process your application within 30 days of receiving it. | |within 30 days after receipt. | | Use active voice Active voice is the best way to identify who is responsible for what action. In an active sentence, the person or agency taking an action is the subject of the sentence. In a passive sentence, the person or item that is acted upon is the subject of the sentence. Passive sentences often do not identify who is performing the action. |The lake was polluted by the company. |The company polluted the lake. | |New regulations were proposed. |We proposed new regulations. | |The following information must be included in the |You must include the following information in your | |application for it be considered complete. |complete application. | |Bonds will be withheld in cases of non-compliance with all|We will withhold your bond if you don’t comply with all | |permits and conditions. |permit terms and conditions. | More than any other writing technique, using active voice and specifying who is taking an action will change the character of our writing. How do you identify passive sentences? Passive sentences have two basic features, although both do not appear in every passive sentence. †¢ A past participle (generally with â€Å"ed† on the end); and †¢ A form of the verb â€Å"to be. † |Regulations have been proposed by the Department of |We have proposed regulations. | |Veterans Affairs. | | |The permit will be approved by the agency’s State office. |Our State office must approve your permit. | In a very few instances, passive voice may be appropriate. For example, when one action follows another as a matter of law, and there is no actor (besides the law itself) for the second action, a passive sentence may be the best method of expression. |If you do not pay the royalty on your mineral production, you lease will be terminated [by the action of the law]. | Write Clearly Break your material into short sentences The best way to tell your reader what you want is a short, straightforward sentence. Complex sentences loaded with dependent clauses and exceptions confuse the reader by losing the main point in a forest of words. Resist the temptation to put everything in one sentence; break up your idea into its various parts and make each one the subject of its own sentence. |For good reasons, the Secretary may grant extensions of |We may extend the time you have to file the lease and | |time in 30-day increments for filing of the lease and all |required bonds. Each extension will be for a 30-day | |required bonds, provided that additional extension |period. To get an extension, you must write to us giving | |requests are submitted and approved before the expiration |the reasons that you need more time. We must receive your | |of the original 30 days or the previously granted |extension request in time to approve it before your | |extension. |current deadline or extension expires. | Complexity is the greatest enemy of clear communication. You may need to be especially inventive to translate complicated provisions into more manageable language. In the following example, we have made an â€Å"if† clause into a separate sentence. By beginning the first sentence with â€Å"suppose that† and the second sentence with â€Å"in this case,† we have preserved the relationship between the two. |If you take less than your entitled share of production |Suppose that one month you pay royalties on your full | |for any month, but you pay royalties on the full volume of|share of production but take less than your entitled | |your entitled share in accordance with the provisions of |share. In this case, you may balance your account in one | |this section, you will owe no additional royalty for that |of the following ways without having to pay more royalty. | |lease for prior periods when you later take more than your|You may either: | |entitled share to balance your account. This also applies | | |when the other participants pay you money to balance your |(a) Take more than your entitled share in the future; or | |account. | | | |(b) Accept money from other participants. | Address One Person, Not a Group Singular nouns and verbs prevent confusion about whether a requirement applies to individual readers or to groups. In the following example, the reader doesn’t know whether each applicant must file applications at several offices, or whether applicants who are members of a group must file individual requests. |Individuals and organizations wishing to apply must file |You must apply at least 30 days before you need the | |applications with the appropriate offices in a timely |certification. | |manner. | | | |(a) If you are an individual, apply at the State office in| | |the State where you reside. | | | | | |(b) If you are an organization, apply at the State office | | |in the State where your headquarters is located. | In addressing a single person, you can avoid awkwardness by using â€Å"you† to address the reader directly, rather than using â€Å"his or her† or â€Å"he or she. † |The applicant must provide his or her mailing address and |You must provide your mailing address and identification | |his or her identification number. |number. | Your reader probably will need only a single permit, application, or license. Thus, writing in the singular means that it will apply to the reader as written, eliminating the need to â€Å"translate. † Use present tense whenever possible A document written in the present tense is more immediate and less complicated. Using the present tense makes your document more direct and forceful. The more you use conditional or future tense, the harder your reader has to work to understand your meaning. Writing entirely in the present tense saves your reader work and helps you to make your point clearly. |These sections describe types of information that would |These sections tell you how to meet the requirements of | |satisfy the application requirements of Circular A-110 as |Circular A-110 for this grant program. | |it would apply to this grant program. | | Even if you are covering an event that occurred in the past, you can clarify the material for your reader by writing as much as possible in the present tense. |Applicants who were Federal employees at the time that the|You may not be covered under this part if: | |injury was sustained should have filed a compensation | | |request at that time. Failure to do so could have an |(a) You were a Federal employee at the time of the injury;| |effect on the degree to which the applicant can be covered|and | |under this part. | | | |(b) You did not file a report with us at that time. | You help your reader understand and relate to your document if you eliminate the need for him or her to â€Å"translate† the text from the past or conditional tense into the present. Remember, the less work your reader has to do to understand, the better he or she can follow your instructions. Occasionally, of course, you may need to use other tenses. For example, NEPA documents frequently refer to what may happen in the future if certain events occur. But use tenses other than the present only when necessary for accuracy. Use â€Å"must† to indicate requirements The word â€Å"must† is the clearest way to convey to your readers that they have to do something. â€Å"Shall† is one of those officious and obsolete words that has encumbered legal style writing for many years. The message that â€Å"shall† sends to the reader is, â€Å"this is deadly material. † â€Å"Shall† is also obsolete; when was the last time you heard it used in everyday speech? Besides being outdated, â€Å"shall† is imprecise. It can indicate either an obligation or a prediction. Dropping â€Å"shall† is a major step in making your document more reader friendly. Don’t be intimidated by the argument that using â€Å"must† will lead to a lawsuit. Many agencies already use the word â€Å"must† to convey obligations with no adverse legal effects. You can avoid â€Å"shall† by substituting â€Å"must† to indicate an obligation or â€Å"will† to indicate that an action will occur in the future. Be careful to consider which meaning you intend to communicate to your readers. |Section 5511. 1 Free Use of Timber on Oil and Gas Leases |Section 5511. 1 Can I use the timber on my oil or gas | | |lease for fuel? | |(a) Any oil or gas lessee who wishes to use timber for | | |fuel in drilling operations shall file an application |You must file an application to use the timber on your oil| |therefor with the officer who issued the lease. |or gas lease for fuel. File the application with our | | |office where you got your lease. | |(b) The applicant shall be notified by registered mail in | | |all cases where the permit applied for is not granted, and|Section 5511. 12 Will you notify me if you reject my | |shall be given 30 days within which to appeal such |application? | |decision. | | | |Our agency will notify you by registered mail if we reject| |(c) Where the land is occupied by a settler, the |your application. You must file an appeal of that | |applicant shall serve notice on the settler by registered |decision within 30 days. | |mail showing the amount and kind of timber he has applied | | |for. |Section 5511. 13 Must I notify anyone that I have applied | | |for use of the timber? | | | | | |You must notify any settler, by registered mail, that you | | |have applied to use timber from your lease. Include in | | |your notice: | | | | | |(a) The amount of timber you applied for; and | | | | | |(b) The kind of timber you applied for. | Place words carefully Avoid ambiguous phrasing that can mislead your reader. How you place words in relation to each other can greatly affect your document. Using short sentences will often make this problem disappear. In the example below, it’s difficult for the reader of the provision on the left to figure out which words relate to the forest products, which relate to the tribe, and which relate to the payments. |Upon the request of an Indian tribe, the Secretary may |If you ask us, we will require purchasers of your forest | |provide that the purchaser of the forest products of such|products to deposit their payment into an account that you| |tribe, which are harvested under a timber sale contract, |designate. | |permit, o.