The Family Mediation And Conflict Resolution Process

Through a series of lectures, class discussions, reading and research, the objectives of this course included in-depth examining of the family mediation and conflict resolution process and techniques. The student endeavored on an educational journey to study mediation within the context of families as a means of resolving conflicts without resort to adversarial means such as litigation. Focus and attention was given to family dynamics, child development, the Texas Family Code, family violence, and facilitating of communication and dispute resolution. The components and benefits of family mediation and conflict resolution were introduced and thoroughly discussed. Through the reading of assigned texts, class instruction and lectures,†¦show more content†¦As previously mentioned, unfortunately one of the many issues that one sees in life is conflict. Conflict is an inevitable part of life. But when conflict is present and tension is high, those involved begin to â€Å"vibrateà ¢â‚¬  and the result, which is conflict, can be ugly and damaging with long-lasting effects. When people are anxious keeping calm, remaining friendly and using reason to tackle the issues at hand can be a very challenging thing to do. Being anxious and trying to resolve the conflict to everyone’s satisfaction is always a task. The ultimate goal however is to achieve a â€Å"win-win† situation for all involved. Thus, mediation and conflict resolution is significantly important to all stakeholders. In this reflection, the student will examine the use of system’s thinking and self-differentiation as a means to successful and productive family mediation and conflict resolution. In an anxious situation or during the time of conflict the most valuable thing one can do is remain in control of one’s own emotions. It is always important to remember that one cannot change anyone else; the only person that one can change is self. This can be incredibly difficult, particularly if one thinks the other party or people involved are being rude, thoughtless, unfair, and/or insensitive. But it is vital that one keeps cool, manage anxiety, and not meet anger

Database Design Development - 2919 Words

MODULE: DATABASE DESIGN DEVELOPMENT ASSIGNMENT TITLE: VETERINARY SURGERY DATABASE DEVELOPMENT Table of Content Task 1 Page 2 Task 2 Page 5 Task 3 Page 14 Task 4 Page 28 Task 5 Page 30 Reference Page 32 Bibliography Page 33 Task 1 Question: AIM: Draw an Entity Relationship Data Model that describes the content and structure of the data held by Petcare. Specify the cardinality ratio and participation constraint of each relationship type. Answer: I have prepared this assignment to demonstrate an understanding of applying data modeling and analysis techniques to the design and development of database solutions. I am as a sub-contracted to design the database system supporting the Veterinary Doctor for the Petcare.†¦show more content†¦Ã¢â„¢ £ Transform second normal form table to third normal form. Un-Normalized data set: [pic] List all the data contain in the database. Un-normalized data set to first normal form. [pic] The data set represented in to be an un-normalized data set. This can be seen, for instance, if I choice the data â€Å"Animal ID† and â€Å"Owner ID† as the key of this data set and underline it to indicate the realistically and I remove redundant information. A given cell of the table for the attributes, Appointment ID, Appointment date, Appointment time, Branch name, Branch address, Branch telephone number, Branch emergency telephone number, opening hour, Doctor name, Doctor address, Doctor home telephone number, Doctor mobile telephone number, Prescription, Diagnosis made, Period of drug, Name of drug, cost of drug, Charge made, Animal ID, Animal type, Animal breed, Animal name, age and sex contains multiple values. â€Å"The relation is in first normal form if and only if every non-key attribute is functionally dependent upon the primary key.† The attributes, Appointment ID, Appointment date, Appointment time, Branch name, Branch address, Branch telephone number, Branch emergency telephone number, opening hour, Doctor name, Doctor address, Doctor home telephone number, Doctor mobile telephone number, Prescription, Diagnosis made, Period of drug, Name of drug, cost of drug and Charge made are clearly not functionally dependent on my chosen primary keyShow MoreRelatedThe Development And Design Of A Database1429 Words   |  6 PagesABSTRACT The use of agile in database development has grown over the years with the goal of improving the quality of the final product. 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Louis Vuitton Malletier V Dooney Bourke Inc Free Essays

Louis Vuitton Malletier v Dooney Bourke Inc. In this famous case known as the â€Å"Battle of the Handbags† Louis Vuitton (LV) sues Dooney Burke (DB) for trademark infringement of its multicolore line. The Plaintiff, Louis Vuitton Malletier ,is a French fashion house founded in 1854 by Louis Vuitton. We will write a custom essay sample on Louis Vuitton Malletier V Dooney Bourke Inc or any similar topic only for you Order Now The famous label is well known for its LV monogram, which is featured on most of its products. Louis Vuitton is considered as one of the world’s most valuable and prestigious brands. The LV monogram was created in 1896 by Louis’ son Georges Vuitton who invented the symbol and the letters represent his father’s initials. The logo is a Japanese-inspired flower motif which initially was created as a way to prevent counterfeiting. This memorable logo is now synonymous with luxury, brilliance and indulgence. It is the world’s 29th most valuable brand and is estimated to be worth over $19 billion USD. Unfortunately, Louis Vuitton is one of the most counterfeited brands in the fashion world due to its image as a status symbol. The company takes counterfeiting seriously, and uses all its possible resources to fight counterfeiting. The Defendant, Dooney Bourke, is an American company founded in 1975 by Peter Dooney and Frederic Bourke. The company specializes in fashion accessories and is best known for its high quality handbags, accessories, and travel luggage. Their Signature and Mini Signature handbags consist of the â€Å"DB† initials interlocking in a repeating pattern. The founders of the company started off with two introductory products: surcingle belts and suspenders for men. Their products became very popular due to their unique design and color. Now Dooney Bourke is a well-known brand in America and has a good reputation for making quality products. The defining look of Dooney Bourke is elegant and sophisticated, but above all, it is timeless. Its classic designs make these handbags the perfect accessory for any outfit due to the superior quality and unique form. In 2002, the designer Marc Jacobs invited the Japanese artist Takashi Murakami to come up with a fresh take on the Louis Vuitton †toile monogram† famous entwined LV logo intermixed with flower shapes for a new line of bags. This led to the creation of the Monogram Multicolore design, in 33 colors, displayed on handbags in a repeating pattern against a white or black background. The bags made their debut on Paris runways in October 2002 and were then presented in prestige retail outlets in March 003, where they sold for up to $3,950. Previously LV registered its famous LV monogram design pattern and the individual unique shapes as trademarks with the United States Patent and Trademark Office. In July 2003 D in collaboration with Teen Vogue developed a new line of handbags for teenagers. It was launched as the â€Å"It Bag† collection. The pattern on the purses consisted of the entwined â€Å"DB† initials printed in contracting colors on variety of colored backgrounds and white and black background. D released handbag line looked similar to Louis Vuitton’s trendy model, but the price was significantly lower. Considering the fact that Louis Vuitton fights counterfeiting very aggressively, not surprisingly, the matter ended up in the courts. LV immediately viewed the â€Å"It Bag† as a copy of their design. When Louis Vuitton gathered with legal counsel on their options to file suit against Dooney and Bourke, they became aware of the alternatives that were available to them in order to move forward. For designers and manufacturers in the American Fashion industry, there are four possible avenues to explore: 1) Copyright protection, 2) Patent protection, 3) Trade Dress protection and 4) Trademark protection. Copyright protection covers a range of categories including literacy, musical, dramatic, choreographic, pictorial and architectural works. Within this range, the only one that is applicable to fashion designs is pictorial, as it shields two- and three- dimensional works. Patent protection shields any â€Å"new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof†. Since the design in the fashion industry rarely creates a new process, machine or manufactures, they have a separate statute specifically for them for new, original and ornamental design for an article of manufacture. Trade dress protection is addressed under the Lanham Act to defend the design and appearance of the product as well as that of the container and all elements making up the total visual image by which the product is presented to customers. Colors have also been addressed under the Trade dress protection in which the United States Supreme Court has stated that the color and designs of a product are only protected under the Lanham Act if a secondary meaning has been demonstrated. Color and design must be associated by the customer for that particular product over time. In 2004, the legal team decided to advance with option 4: Trademark protection. They claimed trademark infringement, trademark dilution, as well as unfair competition and false designation. Trademark infringement harbors a manufacturer or seller’s product to include a word, slogan or symbol. For instance, Apple is an example of a word that cannot be used in relationship with software or computers as it will cause confusion from a consumer’s perspective. Nike holds the trademark of the slogan â€Å"Just Do It† that is associated with its product and McDonald’s hold trademark of the golden arches symbol. In some instances this protection can extend to other properties such as its color or even its packaging. For trademark dilution claims, the distinctive quality of a mark must be diluted by blurring or tarnishment. However, the likelihood of confusion is not necessary. Unfair competition and false designation is characterized as likely to cause confusion, mistake or deceive the consumer. Section 43(a) states â€Å"any person who on or in connection with any goods or services, or any container goods, used in commerce any word, term, name or symbol, or device, or any combination therefore, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact which a) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval or her goods, services, or commercial activities by another person, or (b) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities or geographic origin of his or her or another person’s goods, services or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. † In addition under sections 32 and 43(a) of the Lanham Act, tradem ark protection extends above the registered trademarks to the unregistered trademarks from misuse or reproduction in commerce. Once a trademark is established as fundamentally distinctive or to have developed secondary meaning, as well as protection under the Lanham Act, one can then address the likelihood of confusion under trademark infringement. Statutes require a sense of clear case situation as well as a specific element of which the claim can be proven as a violation of the law. This means that sequential evidence is needed, as this poses the validity of the claim and further makes the justification of the case. Without this evidence, the case could be deemed as void, as there is no possible evidence that can prove the claim. Statutes also require the clarity of the case, which means the details of the case or the violation should be given in chronological order so that the justifications set for the claim as well as the laws that could be used to make it more justified could be legally provided. There is actually a varied definition on how violations of laws happen. There are times when a crime committed may not be a violation of the law, or the violation of the law is not a crime. This happens when the crime being claimed is not part of the scope of the statute, or there is no existing law for such crime. Therefore this results in deliberating on whether the action indeed is a crime or a violation of the law. Situations such as this often arise from actions where the defendant is ignorant of the law which he has violated. In addition, the claimant can be the one who is ignorant of the law when he laid evidence on the ‘crime’ allegedly committed by the defendant. Now that we have a thorough understanding of the applicable laws, the rules that govern those laws and what are required by the statutes to prove a violation of law we can examine how the case unfolded. As previously stated, Vuitton filed suit against DB in April of 2004 in the United States District court for the Southern District of New York, claiming trademark infringement, unfair competition and false designation, and trademark dilution. Vuitton moved for a preliminary injunction against DB which would have stopped sales of the â€Å"it bag† until the case was resolved. The District court ruled in favor of DB and Vuitton was not granted the injunction. In determining trademark infringement the court applied the two prong test required of Section 43 of the Lanham Act. First the test looks to whether or not the mark merits protection by determining if the unregistered trademark is distinctive or has achieved secondary meaning. In this case the district court did find that Vuitton’s design was distinctive and had garnered secondary meaning in the market place. The second part of the test involves deciding whether the defendant’s use of the mark is likely to cause consumers confusion as to the origin or sponsorship of the defendant’s goods. Accordingly the court then examined the eight factors weighed in determining likelihood of confusion: 1) the strength of the mark, 2) the similarity between the marks, 3) the proximity of the roducts, 4) the likelihood that the plaintiff will bridge the gap between the markets of the two marks, 5) actual confusion, 6) the defendants good faith in using his or her mark, 7) the quality of the defendant’s product, and 8) the sophistication of the customers. The district court ruled that th ere was no likelihood of confusion based on its evaluation of the 8 factors and thus denied the injunction. In addition, the district court found that Vuitton was unable to prove trademark dilution. LV appealed the injunction denial to the Second Circuit Court of Appeals hoping to force the court into making a more broad judgment with regard â€Å"design piracy†. Unfortunately for Vuitton the court was not in the mood to make a statement in favor of protecting designers. Rather than make its’ own ruling on the case, based on the facts laid out before the court, the Second Circuit instead focused on a mistake by the district court in its application of the standard of likelihood of confusion. The Second Circuit had previously held in Louis Vuitton Malletier v. Burlington Coat Factory that courts must use a sequential market place comparison rather than a side by side comparison when applying the standard of likelihood of confusion. The district court had used a side by side comparison that the Second Circuit deemed improper. In addition, the Second Circuit agreed with the district court that LV was not able to prove trademark dilution at the federal level. In order to prove trademark dilution the plaintiff must demonstrate the following; â€Å"its mark is famous, the defendant is making commercial use of the mark in commerce, the defendants use began after the mark became famous, the defendants use of the mark dilutes the quality of the mark by diminishing the capacity of the mark to identify and distinguish goods and services†. Vuitton was able to prove the first three requirements but was unable to prove actual dilution. While the court did agree that LV could not prove actual dilution (the federal requirement) they vacated the injunction at the state level due to the fact that it only requires LV to show likelihood of dilution. The Second Circuit decided to remand the similarity of the marks factor back to the district court for reconsideration. This meant that the district court would use the sequential market place comparison when examining the similarity of the marks and hold onto all other previous analysis of the likelihood of confusion factors. Even if the market place comparison had an effect on that one factor it was very unlikely to affect the outcome of the district court’s ruling because the similarity of the marks was just one of eight weighted factors. The Second Circuit was essentially making a statement with its handling of this case that it was not prepared to make a precedent setting ruling on the lack of protection for â€Å"design piracy† in the fashion industry. Even if they desired to address the topic, strictly following the established law would have prevented them from coming up with a different result. The court may have felt that any perceived or real injustice plaguing the fashion industry should be handled through the adoption of written law rather than legislated from the bench. Ultimately in May of 2008 the district court granted summary judgment to DB on all claims. The court found that Louis Vuitton did not have adequate evidence to present with regards to the trademark infringement or dilution claims. While the outcome of the case disappointed many people because DB did copy the design, the court based its decision on the interpretation of the law. Another example of a trademark infringement case that could have implications is European Trademark v Google. Originally LV sued Google in France claiming trademark infringement from Google’s AdWords program and the French court ruled in LV’s favor. The court held that Google was committing trademark infringement and diluting the trademark when it decided to sell the LV name to other companies in order for their site to pops up upon a search. Unfortunately for LV the European Court of Justice later ruled that Google in fact was not guilty of trademark infringement. There is a silver lining for LV. The court stated that advertisers using a trademark as a keyword can be held liable for infringement. The court specifically stated that â€Å"such use of a trademark by the advertiser adversely affects the source-indicating function of the trademark if the advertisement does not enable normally informed and reasonably attentive internet users to ascertain whether goods or services referred to by the ad originate from the proprietor of the trademark or, on the contrary, originate from a third party†. Thus, a company like Louis Vuitton does have legal recourse if it finds misleading advertisements from searches of its brand. In addition, Google can be held accountable if it was aware of the improper use of the trademark and did not take the ad or content down. The ruling could have impacted a case like Louis Vuitton Malletier v Dooney Bourke Inc. , but instead has gone farther towards protecting companies in the fairly unregulated internet market place. In closing, companies like LV will have to continue to be extremely aggressive through the use of lawsuits in order to protect their brand. Once more laws are applied to specific industry, such as the fashion industry, it will become easier to convey. The courts can only interpret the law, not create laws to safeguard these specific industries. The courts, as well as the citizens, have to trust that the legislative branch will step up and address these complex issues. How to cite Louis Vuitton Malletier V Dooney Bourke Inc, Papers

Evaluation Report Brief Deakin University

Question: Write a brief report that evaluates the current state and future direction of Deakin University Services. Answer: Introduction Deakin University is a well-known Australian University which provides higher education to the students of Australia. It established its first campus at a place called Waurn Ponds in Australia and got its name after Alfred Deakin who was the 2nd prime minister of the country. The aim of the university is to provide such education which can help in building better jobs for the future (Deakin, 2015). It is considered among the top universities throughout the world. Scope, objective, purpose and use of the report- The purpose of this report is to get familiar with the services and courses provided by our well known Australian university, the DEAKIN (Deakin, 2015). One can get the brief knowledge about the courses, fee structure, sponsorships online only. Deakin University provides various facilities such as health and fitness, online. Classroom facilities, transportation, accommodation and good quality of food, skilled and highly educated professor, etc. that in terms not only enhances the career opportunity for the student as well as institutional growth. One can save money and time by enrolling their online training sessions. Today, in this busy world, working professionals get the opportunity to enhance their knowledge to a great extent by doing their jobs simultaneously. (service, support and facilities, 2015) The main motivation of Deakin University is to provide excellence and knowledge to their students by the reputed professors. Every year the Number of enrolments is getting increased due the good management to gain the knowledge (Network, 2015). As we all know we have language diversities all around the world. A Person who only knows the French cannot able to understand the lectures in English. So it would be recommendable to provide the lectures in different languages. The only thing one has to be considered in mind before going to the online programs is the comfort level with the updating technologies. The one who is very fond of learning new technologies through video calling like Skype is the perfect combination to grab the opportunity. Facilities given to the students. Yes, these universities provide courses at a very low fee, which can be affordable by students from each and every part of the world. By giving, sponsorships also help the student to a large extent. The university has to impart the training and study materials in maximum number of the language that in terms help the people from different parts of the world (Shanghairanking, 2015). Deakin was honored a 5-star rating by the prestigious college positioning, association Quacquarelli Symonds (QS); the rating demonstrates Deakin is world-class in an expansive scope of regions, has bleeding edge offices and is globally eminent for its exploration and educating. Deakin is in the main 50 of the QS positioning of the world's colleges under 50 years. One of benefit to study in our university is providing health and fitness consideration into the mind of every individual is the keen responsibility of the university without any discrimination. Deakin University now proposed a new way to study for the working professional and family peoples. Every year around ten thousand people are taking admission to Deakin University by enrolling in the cloud online service. In today's world of Internet Cloud computing plays a vital role as it provides the internet based storage for applications, files and infrastructure (Long, Marchetti and Fasse, 2011). Now days, the company may buy or rent space for maintaining huge amount of data for their daily operations. In that prospect cloud computing comes into the picture. One of the objectives of studying Deakin University is lies in the fact that one can avail the Deakins services and facilities outside of Australia. Good Career Counselor helped the students to choose the cloud study online through phone calls or video calling. Online sessions that are held throughout the year are very useful to the students for exam preparation. Deakin intends to fabricate the employments without bounds, utilizing the chances of the computerized age to enlarge access to training and have any kind of effect to the groups it serves. (Cloud computing, 2015) à ¢Ã¢â€š ¬Ã¢â‚¬ ¹Strength 1) A person residing anywhere in the world can avail this facility of cloud online study and easily gets the Deakin university degree. 2) Cloud (online) understudies are backed through our honor winning library SERVICES, intuitive study techniques and understudy help administrations. 3) Cloud Online orientation provides the information and resources about the online orientation (Thecompleteuniversityguide, 2015). Weakness 1) Job seekers have to face many problems getting into the opportunity by realizing that most of the employers dont accept the distance learning degrees. Sometimes they might be considered as a fake degree (Timeshighereducation, 2015). 2) For some of the courses which require practical knowledge such as nursing cannot be offered entirely online basis. 3) Sessions should be given in every language so that worldwide peoples can avail this course. Recommendation 1) After getting the degree, on campus recruitment should be provided to each and every student that will be the greatest help for the job seekers. 2) An exam should be held by the University in every three months for the Students to score the marks. On, the basis of the score sponsorships should be given to the students that in terms reduces the fee structure and brilliant students who are not having much money can get the chance to study in such a reputed university (Network, 2015). 3) Currently Deakin University is very limited to the courses in various fields. They can add fashion designing courses, photography, theatre courses, and dance and music courses for enlarging their areas of interest. Conclusion In order to increase the number of students worldwide some practical classes for the nursing courses should be enrolled in the program so that it can cover each and every field that helps to educate their students with a large number of degree options (Thecompleteuniversityguide, 2015). Deakin University provides lot of scopes to its students which helps them to achieve their desired goal. If it works on the recommendations mentioned, and provide different study options to the students, the university can go a long way and more and more number of students can get themselves enrolled in those streams which will be beneficial for the university. Reference Distancelearningnet.com, (2015). Advantages and Disadvantages of Distance Learning | Distance Learning Net. Deakin.edu.au, (2015). Services, Support and Facilities | Deakin. Deakin.edu.au, (2015). Deakin University | Melbourne, Geelong and Warrnambool, Australia. Timeshighereducation.co.uk, (2015). Deakin University - World University Rankings - 2012-13 - Times Higher Education. Network, A. (2015). Rankings of Australian Universities 2015-2016 | AustralianUniversities.com.au. Thecompleteuniversityguide.co.uk, (2015). Deakin University. Shanghairanking.com, (2015). Deakin University | Academic Ranking of World Universities - 2014 | Shanghai Ranking - 2014. Long, G., Marchetti, C. and Fasse, R. (2011). The importance of interaction for academic success in online courses with hearing, deaf, and hard-of-hearing students. The International Review of Research in Open and Distributed Learning, [online] 12(6), pp.1-19. Tutorialspoint, (n. d.). Cloud Computing Overview. Tutorials Point. Pp 9-83 Sadera, William A. (2009). The Role of Community in Online Learning Success.

Revolutionary Road by Richard Yates an Example of the Topic Literature Essays by

Revolutionary Road by Richard Yates If there is one book that has literary critics literally falling over themselves as they try to give their two cents worth about it, it has to be Richard Yates Revolutionary Road. Written in 1961 it has been hailed as literary gem. But it was not until the late 90s that the book cross to the public domain. Richard Yates brings out his characters in eerily real sense. A simple but devastatingly beautiful prose is employed by Yates. But it did not make the book fly off the shelves, not until after 1999 anyway. Need essay sample on "Revolutionary Road by Richard Yates" topic? We will write a custom essay sample specifically for you Proceed In 1992 Richard Yates passed away. How sadly he will miss seeing his work finally attain a whole new appreciation after Stewart ONans critique was published in Boston Review in 1999. Unfortunate as it is, Richard Yates can now enjoy his success posthumously and take cold comfort in the fact that he wont be the only artist to go down this road alone. While writers saw the potency of Richard Yates work from the word go, the public took an awfully long time in discovering it Revolutionary Road, but thankfully it has made that discovery now. People Very Often Tell EssayLab support:How much do I have to pay someone to write my assignment online?Essay writer professionals recommend:Entrust Your Essay Paper To Us And Get A+Buy Essays Online Professional Writing Services Cheap Writing Service Reviews Top Essay Writing Much has been said about Revolutionary Road. In our discussion we will dwell on its literary qualities and how the author deployed them in the writing of the book. The discussion on the history, psychology or even sociology that might have influenced Yates has bee tackled countless times and that debate is worn out. The book is set in White America suburbia in Connecticut a few miles shy off New York City. The books main characters are Frank and April Wheeler, a young married couple with two kids. The book has tragedy written all over it. The biggest tragedy, of course, being the impending failure of the Wheelers to achieve the dreams they sincerely believe are meant to be had by the likes of them. The first tragedy for Wheelers is the fact that they live in the suburbs, a representation one aspect of life that the Wheelers detest: conformity. To the Frank and April the people living in Revolutionary Hill Estates are nothing like them. The Wheelers see themselves too enlightened for the slow life of the suburbs. For people who have been exposed to city life and a taste of bohemian existence, life is excruciatingly slow in the suburbs. In fact so unbearable is their existence that it has the effect of poisoning their marriage. It has also reduced them into and dreamers with each one practically holding on to dreams of grandeur about the possibility a more rewarding existence outside of the suburbs. Unfortunately for them they seem to have taken too many wrong turns to be able get ambitions back on course for this ultimate journey. As the novel shows it is not only the Wheelers who are battling inner demons of inadequacy up Revolutionary Road. Plenty of characters have their own unique challenges which puts paid the long held notion of suburban bliss. Everyone suffers here. In fact the book may be about suffering in its deepest psychological level. The Wheelers suffer from dreams unfulfilled; the inactivity of what should otherwise be life on the go for them is unbearable to this couple who once lived in the city. We are subjected to a most painful scene in the book when April performs a play so badly in the community theater. The worst bit being that it was painfully obvious to the audience that her acting skills needed working on yet this is a person who believes to be a thespian work is her calling. This momentous failure of would be actress on the stage is reflective of the Wheelers real life failures. For a people who know what where station in life ought to be, they are stuck in a rut and can only pray for salvation. Of the two April seems to be the only one with practical solutions to their predicament. She reckons a move across the Atlantic to Europe would do them immense good. Frank unfortunately is not as practically minded like his wife. It turns out he does not have the courage relocate to Europe where he has always viewed as home for an enlightened man as he. The conflicting attitudes spell doom for their marriage. Frank a domineering man by nature does not like it when April takes the leading role in trying to chart the course out of their unfulfilling lives. So instead of being of assistance, he becomes her biggest stumbling block devising endless plots in his head to stop her. When April announces that she is pregnant with their third child he sees this as an answer to his prayers. There is however the little matter of convincing April who, keen on her Paris trip, wants to procure an abortion so the pregnancy wont stop it. This attempt by Frank will unearth his true self to the readers. As it is Frank lacks the nerve to follow his dream and the lengths he goes to convince April are sometimes laughable. Of the themes in the book, loneliness takes the cake. There are many lonely souls in Revolutionary Hill. They are many shattered dreams and many lead drab existences. The fact that Frank and April cannot connect to each others aspirations is a searing indictment of this so-called enlightened couples oneness. They are so close yet so apart. Their everyday life composed of lies. Lies, so the other person is spared the pain of having to hear the unflattering truth. Frank watches Aprils worst performance in Laurels Theater but is unable to at least politely inform her that she did not put on her best performance. He goes on to lie that they will leave for France yet, secretly he looks for ways dissuade April out of the trip. Frank unable to reach for his stars is determined to bring everyone down with him. We can say that were Frank and April able to communicate their insecurities to each other a compromise might have been reached. The Wheelers seem to have grabbed the attention of their neighbors, more so the Campbells. Mrs Givings the realtor is also fascinated by this couple and believes them to be just what her schizophrenic son, John, needs so he can overcome his condition. The fact that everyone wants a slice of the Wheelers is a clear indication of the deep-set loneliness in suburbia. The Campbells still do not believe they belong with the suburbia crowd even after working so hard to get there. Instead of sitting back and enjoying the fruits of their labor they are left feeling alienated and this is the reason they crave the company of the Wheelers so much. Mrs. Givings loneliness is even more telling as her husband who is hard of hearing takes off her hearing aid so he does not have to listen to her rave about the Wheelers. Beneath the faade of manicured lawns the suburbia dweller is a lonely person battling a myriad of disappointments and unfulfilled ambitions. When Mrs. Givings contemplates her aging looks on the mirror she is so disappointed by what she witnesses she has to turn away from the mirror quick. Lack of communication and communal aspects in suburbia is a grounding for a troubling and frightening society. Loneliness seems can overwhelm human beings. Yates is quoted by Steven ONan saying of the central message in Revolutionary Road: "If my work has a theme, I suspect it is a simple one: that most human beings are inescapably alone, and therein lies their tragedy." ( ONan, par. 32) And as ONan points out: The Wheelers are thwarted at every turn. Confronted with the painful truth of their ordinary existence and conflicts in their crumbling marriage, their frustrations and yearnings for something better represent the tattered remnants of the American Dream. (ONan, par. 33) On style, Yates uses a rather uncanny device, introspection of a different sort which characters to hold imaginary dialogues with each other. Through this a glimpse into what might have been had the characters the courage to say so. This style also speaks volumes of what the inability to hold real discourse with fellow human beings does to us. We detach ourselves from reality as Frank finds out the bitter way when she holds an imaginary talk with a dying April (Mullan, par. 2) The suburban setting in which the writer chose is a perfect setting because its quiet environs are but backdrops to so much turmoil. An irony, if you will. It was assumed that once in the suburbs, you have made it, alas, life likes to burst everyones bubble. The thing with suburbia which many Americans who had been to Europe then resented is conformity which they thought was perpetuated by the suburbia dweller. (Ford, par 5, 10, 24, 36) The writer is showing us that our ambitions can become our nightmares. The thing is to go for them and not conform to the standards the world has set for us. We should also be carefully who keep for company as they may become millstones around our necks as Aprils tragic death illustrates. The message is still as loud as it was written four decades ago: which aim to lead our lives in the way that we think is best for us not have to compromise for still we will an unhappy lot. Go for your dreams and be careful the dream does not finish you off. In Revolutionary Road it turns out that there is no revolution after all and this is so sad for all the characters. References: Ford, Richard. American Beauty. New York Times April 9, 200.Retrieved July 13, 2008 from: http://www.tbns.net/elevenkinds/richardford.html Mullan, John. Elements of Fiction. The Guardian September 18, 2004. Retrieved July 13, 2008 from: http://books.guardian.co.uk/elements/story/0,,1447612,00.html ONan, Steven. The Lost World of Richard Yates. Boston Review October/November 1999.

French Sayings and Proverbs

French Sayings and Proverbs A proverb is a phrase or a saying that states a general truth based on common sense, often used to make a suggestion or to offer a piece of advice. In English, proverbs make their way into conversation masked as conventional wisdom when people say that two wrongs dont make a right, or that great great minds think alike. Every language has its own idioms, proverbs, riddles, and sayings. In French, much like in English, proverbs are used liberally in conversations. Here is a list of some French proverbs to help you brush up on your language skills. The French proverbs below are written  in bold  and followed by their English equivalents. The literal English translations of the proverbs are in quotation marks below. cÅ“ur vaillant rien dimpossible.  - Nothing is impossible for a willing heart.(To a valient heart nothing impossible.) limpossible nul nest tenu. - No one is bound to do the impossible. (To the impossible no one is bound) quelque chose malheur est bon. - Every cloud has a silver lining. (Unhappiness is good for something.)Aprà ¨s la pluie le beau temps. - Every cloud has a silver lining. (After the rain, the nice weather.)Larbre cache souvent la forà ªt. - Cant see the forest for the trees. (The tree often hides the forest.)Aussità ´t dit, aussità ´t fait. - No sooner said than done. (Immediately said, immediately done.)Autres temps, autres mÅ“urs. - Times change. (Other times, other customs.)Aux grands maux les grands remà ¨des. - Desperate times call for desperate measures. (To the great evils great remedies.)Avec des si (et des mais), on mettrait Paris en bouteille. - If ifs and ands were pots and pans thered be no work for tinkers hands. (With ifs (and buts ), one would put Paris in a bottle.) Battre le fer pendant quil est chaud. - To strike while the iron is hot. (To hit the iron while its hot.)Bien mal acquis ne profite jamais. - Ill gotten ill spent. (Goods poorly gotten never profit.)Bonne renommà ©e vaut mieux que ceinture dorà ©e. - A good name is better than riches. (Well named is more is worth more than golden belt.)Bon sang ne saurait mentir. - Whats bred in the bone will come out in the flesh. (Good blood doesnt know how to lie.)Ce sont les tonneaux vides qui font le plus de bruit. - Empty vessels make the most noise. (Its the empty barrels that make the most noise.)Chacun voit midi sa porte. - To each his own. (Everyone sees noon at his door.)Un clou chasse lautre. - Life goes on. (One nail chases the other.)En avril, ne te dà ©couvre pas dun fil. - Warm weather in April isnt to be trusted. (In April, dont remove a thread (of your clothing).)En tout pays, il y a une lieue de mauvais chemin. - There will be bumps in the smoothest roads. (In every co untry there is a league of bad road.) Entre larbre et là ©corce il ne faut pas mettre le doigt. - Caught between a rock and a hard place. (Between the tree and the bark one shouldnt put a finger.)Heureux au jeu, malheureux en amour. - Lucky at cards, unlucky in love. (Happy in the game, unhappy in love.)Une hirondelle ne fait pas le printemps. - One swallow doesnt make a summer. (One swallow doesnt make spring.)Il faut casser le noyau pour avoir lamande. - No pain no gain. (You need to break the shell to have the almond.)Il faut quune porte soit ouverte ou fermà ©e. - There can be no middle course. (A door must be open or closed.)Il faut rà ©flà ©chir avant dagir. - Look before you leap. (You have to think before acting.)Il ne faut jamais dire  «Ã‚  Fontaine, je ne boirai pas de ton eau  !  Ã‚ » - Never say never. (You should never say, Fountain, I will never drink your water!)Il ne faut jamais jeter le manche aprà ¨s la cognà ©e. - Never say die. (One should never throw the handle after the felling a xe.)Il ne faut rien laisser au hasard. - Leave nothing to chance. (Nothing should be left to chance.) Il ny a pas de fumà ©e sans feu. - Where theres smoke, theres fire. (Theres no smoke without fire.)Il ny a que les montagnes qui ne se rencontrent jamais. - There are none so distant that fate cannot bring together. (There are only mountains that never meet.)Il vaut mieux à ªtre marteau quenclume. - Its better to be a hammer than a nail. (Its better to be a hammer than an anvil.)Impossible nest pas franà §ais. - There is no such word as cant. (Impossible isnt French.)Les jours se suivent et ne se ressemblent pas. - Theres no telling what tomorrow will bring. (The days follow each other and dont look alike.)Un malheur ne vient jamais seul. - When it rains, it pours! (Misfortune never comes alone.)Le mieux est lennemi de bien. - Let well enough alone. (Best is goods enemy.)Mieux vaut plier que rompre. - Adapt and survive. (Better to bend than to break.)Mieux vaut prà ©venir que guà ©rir. - Prevention is better than cure. (Better to prevent than to cure.) Mieux vaut tard que jamais. - Better late than never. (Late is worth more than never.)Les murs ont des oreilles. - Walls have ears.Noà «l au balcon, Pà ¢ques au tison. - A warm Christmas means a cold Easter. (Christmas on the balcony, Easter at the embers.)On ne fait pas domelette sans casser des Å“ufs. - You cant make an omelette without breaking eggs.On ne peut pas avoir le beurre et largent du beurre. - You cant have your cake and eat it too. (You cant have the butter and the money from [selling] the butter.)Paris ne sest pas fait en un jour. - Rome wasnt built in a day. (Paris wasnt made in a day.)Les petits ruisseaux font les grandes rivià ¨res. - Tall oaks from little acorns grow. (The little streams make the big rivers.)Quand le vin est tirà ©, il faut le boire. - Once the first step is taken theres no going back. (When the wine is drawn, one must drink it.)La raison du plus fort est toujours la meilleure. - Might makes right. (The strongest reason is always th e best.) Rien ne sert de courir, il faut partir point. - Slow and steady wins the race. (Theres no point in running, you have to leave on time.)Si jeunesse savait, si vieillesse pouvait. - Youth is wasted on the young.(If youth knew, if old age could.)Un sou est un sou. - Every penny counts. (A cent is a cent.)Tant va la cruche leau qu la fin elle se casse. - Enough is enough. (So often the pitcher goes to the water that in the end it breaks.)Tel est pris qui croyait prendre. - Its the biter bit. (He is taken who thought he could take.)Tel qui rit vendredi dimanche pleurera. - Laugh on Friday, cry on Sunday. (He who laughs on Friday will cry on Sunday.)Le temps, cest de largent. - Time is money. (Time, thats money.)Tourner sept fois sa langue dans sa bouche. - to think long and hard before speaking. (To turn ones tongue in ones mouth seven times.)Tous les goà »ts sont dans la nature. - It takes all kinds (to make a world). (All tastes are in nature.)Tout ce qui brille nest pas or. - All that glitters isnt gold. Tout est bien qui finit bien. - Alls well that ends well.Toute peine mà ©rite salaire. - The laborer is worthy of his hire. (All trouble taken deserves pay.)Un tiens vaut mieux que deux tu lauras. - A bird in the hand is worth two in the bush. (One that you hold is better than two that you will have.)Vouloir, cest pouvoir. - Where theres a will, theres a way. (To want, that is to be able.) French Sayings About Types of People   bon  entendeur, salut. - A word to the wise is enough. (To a good listener, safety.) mauvais ouvrier point de bons outils. - A bad workman blames his tools. (To a bad worker no good tools.) lÅ“uvre on reconnaà ®t lartisan. - You can tell an artist by his handiwork. (By his work one recognizes the workman.) pà ¨re avare fils prodigue. - The misers son is a spendthrift. (To a stingy father prodigal son.) tout seigneur tout  honneur. - Honor to whom honor is due.Aide-toi, le ciel taidera. - Heaven helps those who help themselves. (Help yourself, heaven will help you.)Au royaume des aveugles les borgnes sont rois. - In the kingdom of the blind the one-eyed man is king.Autant de tà ªtes,  autant  davis. - Too many cooks spoil the broth. (So many heads, so many opinions.)Aux innocents  les  mains  pleines. - Beginners luck. (Full hands for the innocents.)Bien  faire  et  laisser  dire. - Do your work well and never mind the critics. (Do well and le t (them) speak.)Cest au pied du mur quon voit le maà §on. - The tree is known by its fruit. (Its at the foot of the wall that you see the mason.) Cest en forgeant quon devient forgeron. - Practice makes perfect. (Its by forging that one becomes a blacksmith.)Charbonnier  est  maà ®tre chez  lui. - A mans home is his castle. (A coalman is master at home.)Comme  on connaà ®t  ses  saints, on  les  honore. - To know a friend is to respect him. (As one knows his saints, one honors them.)Comme  on  fait  son lit, on  se  couche. - Youve made your bed, now you must lie on it.Les conseilleurs ne sont pas les payeurs. - Givers of advice dont pay the price. (Dispensers of advice are not the payers.)Les cordonniers sont toujours les plus mal chaussà ©s. - The shoemakers son always goes barefoot. (Shoemakers are always the worst shod.)Deux patrons font  chavirer  la  barque. - Too many cooks spoil the broth. (Two bosses capsize the boat.)Lerreur  est  humaine. - To err is human. (The error is human.)Lexactitude est la politesse des  rois. - Punctuality is the politeness of kings.Lhabit  ne  fait  pas le  moine. - Clothes dont make the person. (The habit doesnt make the monk.) Il ne faut pas juger les gens sur la mine. - Dont judge a book by its cover. (One shouldnt judge people on their appearance.)Il ne sert rien de dà ©shabiller Pierre pour habiller Paul. - Robbing Peter to pay Paul. (It serves no purpose to undress Peter to dress Paul.)Il nest si mà ©chant pot qui ne trouve son couvercle. - Every Jack has his Jill. (Theres no jar so mean that it cant find its lid.)Il vaut mieux aller au moulin quau mà ©decin. - An apple a day keeps the doctor away. (Its better to go to the mill than to the doctor.)Nà ©cessità ©Ã‚  fait  loi. - Beggars cant be choosers. (Necessity makes law.)Nul  nest  prophà ¨te en son pays. - No man is a prophet in his own country.Loccasion  fait  le  larron. - Opportunity makes a thief.On ne peut pas à ªtre la fois au four et au moulin. - You cant be in two places at once. (One cant be at the oven and the mill at the same time.)On  ne  prà ªte  quaux  riches. - Only the rich get richer. (One onl y lends to the rich.)Quand le diable devient vieux, il se fait ermite. - New converts are the most pious. (When the devil gets old, he turns into a hermit.) Quand on  veut, on  peut. - Where theres a will, theres a way. (When one wants, one can.)Qui  aime  bien  chà ¢tie  bien. - Spare the rod and spoil the child. (He who loves well punishes well.)Qui  casse  les  verres  les  paie. - You pay for your mistakes. (He who breaks the glasses pays for them.)Qui craint le danger ne doit pas aller en mer. - If you cant stand the heat, get out of the kitchen. (He who fears dangers shouldnt go to sea.)Qui  donne  aux  pauvres  prà ªte Dieu. - Charity will be rewarded in heaven. (He who gives to the poor loans to God.)Qui dort dà ®ne. - He who sleeps forgets his hunger. (He who sleeps eats.)Qui  maime  me  suive. - Come all ye faithful. (He who loves me, follow me.)Qui nentend quune cloche nentend quun son. - Hear the other side and believe little. (He who hears only one bell hears only one sound.)Qui  ne  dit mot consent. - Silence implies consent. (He who says nothing consents.)Qui  ne  ri sque  rien  na  rien. - Nothing ventured, nothing gained. (He who risks nothing has nothing.) Qui  paie  ses  dettes  senrichit. - The rich man is the one who pays his debts. (He who pays his debts gets richer.)Qui  peut  le plus  peut  le  moins. - He who can do more can do less.Qui  sexcuse,  saccuse. - A guilty conscience needs no accuser. (He who excuses himself accuses himself.)Qui se marie la hà ¢te se repent loisir. - Marry in haste, repent later. (He who marries in haste repents in leisure.)Qui  se  sent  morveux,  quil  se  mouche. - If the shoe fits, wear it. (He who feels stuffy should blow his nose.)Qui sà ¨me le vent rà ©colte la tempà ªte. - As you sow, so shall you reap. (He who sows the wind reaps the storm.)Qui  sy  frotte  sy  pique. - Watch out - you might get burned. (He who rubs against it gets stung.)Qui  terre  a,  guerre  a. - He who has land has quarrels. (Who has land, has war.)Qui  trop  embrasse  mal  Ãƒ ©treint. - He who grasps at too much loses everything. (He who hugs too m uch holds badly.)Qui  va   la chasse  perd  sa  place. - He who leaves his place loses it. / Step out of line and youll lose your place. (He who goes hunting loses his place.) Qui  va  lentement  va  sà »rement. - Slowly but surely. (He who goes slowly goes surely.)Qui  veut  la fin  veut  les  moyens. - The end justifies the means. (He who wants the end wants the means.)Qui veut voyager loin mà ©nage sa monture. - He who takes it slow and steady travels a long way. (He who wants to travel far spares his mount.)Qui  vivra  verra. - What will be will be/Time will tell/God only knows. (He who lives will see.)Rira  bien  qui  rira  le dernier. - Whoever laughs last laughs best. (Will laugh well he who laughs last.)Tel pà ¨re, tel fils. - Like father like son.Tout soldat a dans son sac son batà ´n de marà ©chal. - The sky is the limit. (Every soldier has his marshalls baton in his bag.)Tout  vient   point   qui  sait  attendre. - All things come to those who wait. (All comes on time to the one who knows how to wait.)La và ©rità © sort de la bouche des enfants. - Out of the mouths of babes. (The truth come s out of the mouths of children.) French Sayings With Animal Analogies   bon  chat  bon  rat. - Tit for tat. (To good cat good rat.)Bon  chien  chasse de race. - Like breeds like. (Good dog hunts [thanks to] its ancestry.)La  caque  sent  toujours  le  hareng. - Whats bred in the bone will come out in the flesh. (The herring barrel always smells like herring.)Ce nest pas un vieux singe quon apprend faire la grimace. - Theres no substitute for experience. (Its not an old monkey that one teaches to make faces.)Ce nest pas la vache qui crie le plus fort qui fait le plus de lait. - Talkers are not doers.(Its not the cow that moos the loudest who gives the most milk.)Cest la poule qui chante qui a fait lÅ“uf. - The guilty dog barks the loudest. (Its the chicken that sings who laid the egg.)Chat à ©chaudà ©Ã‚  craint  leau  froide. - Once bitten, twice shy. (Scalded cat fears cold water.)Le chat  parti,  les  souris  dansent. - When the cats away, the mice will play. (The cat gone, the mice dance.)Chien  quià ‚  aboie  ne  mord  pas. - A barking dog does not bite. Un  chien  regarde  bien  un  Ãƒ ©và ªque. - A cat may look at a king. (A dog looks well at a bishop.)Un chien vivant vaut mieux quun lion mort. - A bird in the hand is worth two in the bush. (A live dog is worth more than a dead lion.)Les chiens aboient, la caravane passe. - To each his own. (The dogs bark, the caravan goes by.)Les  chiens  ne  font pas des chats. - The apple doesnt fall far from the tree. (Dogs dont make cats.)Donne au chien los pour quil ne convoite pas ta viande. - Give some and keep the rest. (Give the dog the bone so that he doesnt go after your meat.)Faire  dune  pierre  deux  coups. - To kill two birds with one stone. (To strike twice with one stone.)Faute de  grives, on mange des merles. - Beggars cant be choosers. (Lack of thrushes, one eats blackbirds.)Les  gros  poissons  mangent  les  petits. - Big fish eat little fish.Il faut savoir donner un Å“uf pour avoir un bÅ“uf. - Give a little to get a lot. (You have to know how to give an egg to get an ox.) Il ne faut jamais courir deux lià ¨vres la fois. - Dont try to do two things at once. (One should never run after two hares at the same time.)Il ne faut jamais mettre la charrue avant les bÅ“ufs. - Dont put the cart before the horse. (One should never put the plow before the oxen.)Il ne faut pas vendre la peau de lours avant de lavoir tuà ©. - Dont count your chickens before theyre hatched. (You shouldnt sell the bearskin before killing the bear.)Il vaut mieux sadresser Dieu qu ses saints. - Its better to talk to the organ-grinder than the monkey. (Its better to address God than his saints.)Il y a plus dun à ¢ne la foire qui sappelle Martin. - Dont jump to conclusions. (Theres more than one donkey named Martin at the fair.)Le loup  retourne  toujours  au  bois. - One always goes back to ones roots. (The wolf always goes back to the woods.)Ne rà ©veillez pas le chat  qui  dort. - Let sleeping dogs lie. (Dont wake the sleeping cat.)La  nuit,  tous  le s  chats  sont  gris. - All cats are grey in the dark. (At night, all the cats are grey.) On ne marie pas les poules avec les renards. - Different strokes for different folks. (One does not wed hens with foxes.)Petit petit,  loiseau  fait  son nid. - Every little bit helps. (Little by little, the bird builds its nest.)Quand le chat nest pas l, les souris dansent. - When the cats away, the mice will play. (When the cat isnt there, the mice dance.)Quand on parle du loup (on en voit la queue). - Speak of the devil (and he appears). (When you talk about the wolf (you see its tail).)Qui a  bu  boira. - A leopard cant change his spots. (He who has drunk will drink.)Qui  maime  aime  mon  chien. - Love me love my dog. (He who loves me loves my dog.)Qui naà ®t  poule  aime  Ã‚  caqueter. - A leopard cant change his spots. (He who was born a hen likes to cackle.)Qui se couche avec les chiens se là ¨ve avec des puces. - If you lie down with dogs you get up with fleas.Qui  se  fait  brebis  le loup le mange. - Nice guys finish last. (He wh o makes himself a ewe the wolf eats.) Qui  se  ressemble  sassemble. - Birds of a feather flock together. (Those who resemble assemble.)Qui vole un Å“uf vole un bÅ“uf. - Give an inch and hell take a mile. (He who steals an egg will steal an ox.)Souris qui na quun trou est bientà ´t prise. - Better safe than sorry. (A mouse that has only one hole is soon caught.)

Germanys Healthcare System Research Paper Example | Topics and Well Written Essays - 3750 words

Germanys Healthcare System - Research Paper Example While it is a system not without faults, numbers do reveal it succeeds in enhancing overall quality of life where other systems fail. Some noted factors of why this system has worked so well can be seen in the fact the system is not a government run plan but a mandatory system carried by extracting funds directly from the workers. Regulations put forth by the government to maintain quality of care and services, but in some cases these regulations fail to serve their purpose. In all when the system is assessed alongside many countries who have similar plans and those who currently avoid a public option Germany proves to be a benchmark when it comes to healthcare. Germany notably has the oldest universal health care system in the world (Geyer, 2009). Everyone in Germany is promised high-quality comprehensive health care and over 90% of the population is covered under the universal option. Statutory health insurance has provided structure for the release of public health care, and has molded the payers positions, insurance, illness funds, suppliers, physicians, and hospitals since the Health Insurance Action was taken on in 1883. In 1885, medical defense has been provided for 26 per cent of the lower-paid labor force departments, or 10 per cent of their habitants. As with social insurance, health insurance exposure was gradually widened by including more work-related groups in the plan and by progressively lifting up the profits ceiling. In Richard Knox's article "Most Patience Happy with German Health Care," he talks about the German Health Care system and points out how it has matched up with Health Care provided in other countries over the years. In the article he notes, "The health care system that takes such good care of its citizens is not funded by government taxes. But it is compulsory (Knox, 2008)" Here Knox points out how it is a mandatory requirement for all citizens to have health care. Germany's system has historically become the benchmark for universal healthcare.This is the core element of the German Health Care System that defines what the world recognizes universal health care to be today.Germany's Plan Verses the U.S. Germany has caused many to make comparisons pertaining to healthcare systems. In most cases health statistics between Germany and the US don't match up and Germany wins out. When looking at the World Health Organization's Core Health Indicators, Germany has an 80year life expectancy to the United States' 78year life expectancy. Hospital beds available per 10000 people is 83 in Germany while it's 32 in the US, and there are 34 physicians per 10000 people in Germany verses the United States' 26.What are the socioeconomics of the population Are there population problems Germany has over 81 million inhabitants, with over 230 inhabitants per square kilometer. Urbanization is a major part of the population resting at a high

Art Essay Example | Topics and Well Written Essays - 500 words - 34

Art - Essay Example Probably the latter forms are either harvesting or tilling machines mainly utilized to prepare the land. This is evident from the black and curved objects protruding close to the busy man who appears to operate a machine, hence forming the artwork’s focal point. In this artwork, Clyfford extensively utilizes red, yellow, black, grey and white colors besides their varied shades. Diverse color shades characterize the forefront space and the sky. Mostly, these shades help the audience to unveil the time of the day and season, which the artist features in his work. The forefront mixtures of both white and grey or bluish shades form snow like objects, which characterize the artist’s early childhood region. In addition, the long protruding object from the left corner to the right casts a shadow beneath it whereby according to its inclination proves the time was in the afternoon. In his effort to depict diverse objects comprising this artwork, Clyfford skillfully utilizes both the color and â€Å"ripping off† method. The latter is evident in the forefront objects whereby the artist employs several color layers before using a chisel-like tool to make white patches that resemble snow. The use of this technique is also evident on the protruding and extending object’s side at the background. However, the artist on the background object preferred utilizing grey color instead of white or other varied shades similar the forefront objects. This is to show a demarcation between the snow and the vertical wall linking other structures, which the man seem to cling on while undertaking his activities. In this artwork, illumination emanates from the left side as indicated by the way the long and protruding object in the background casts shadow in the opposite direction. Besides, the forefront forms and red clouds above the background confirm that the light’s source is in the left side. Illumination besides helping the audience to unveil what could be

Case study Essay Example | Topics and Well Written Essays - 250 words - 29

Case study - Essay Example The fact that the business has existed for numerous years makes the renovations as proposed by Jason inevitable. Similarly, narrowing the business’ target market as proposed by Bradley would enhance its operations thus improving the profitability of the company. Mr. Lynch must therefore consider the possibility of consolidating the two approaches with the view of enhancing the longevity of the business and quelling the differences between his sons. Renovating the pub will place it in the modern society. The renovation will seek to satisfy the demands of the modern day customer. In renovating and expanding the pub, the management must consider the demands of the modern day customer thus safeguarding such features as convenient and comfort. As stated earlier, renovating the pub is inevitable. This implies that Mr. Lynch and his two sons must determine the most appropriate ways of renovating the pub thus positioning the business strategically in the modern society. While doing this, the management must narrow the pub’s target market a feature that will enhance the management. In doing this, Mr. Lynch must consider the importance of diversity in enhancing the profitability and longevity of business in the contemporary market. In expanding and renovating the pub, Mr. Lynch can therefore develop a section of the pub and permit Bradley to customize it strategically for its LGBT target market. Jason should then manage the other section that targets the general consumer. This way, the business diversifies its services while safeguarding the peace and unity of the two siblings. Such is an appropriate approach that will serve as an effective marketing research and analysis tool that will provide the two sons with the most appropriate trends in the market thus enabling the two to change the structure of their business based on the response of the market. Diversity is

Effect of Business and Management on SACCOs

Effect of Business and Management on SACCOs The background gives a brief history of the savings and credit cooperative societies, highlights its importance to the society and touches on the problems that have influenced its performance of its roles and finally on the possible solutions or causes of actions. This preambles the statement of the problem, the purpose, significance, scope and limitations of the study together with the research questions. 1.2 BACKGROUND OF THE STUDY One of the basic principles of Cooperative Savings and Credit Movement is the belief in co-operation and mutual self help for the uplifting of members standards of living. Kussco(2006). Members with a common bond join hands to form those quasi-banks institutions. With finances mobilized through such joint efforts the savings and credit society members build up the capital which they can use through local arrangements to finance their own social as well as economic development. The traditional form of cooperation involved working together on farms, hunting and gathering. All people have basic needs of food, shelter, security and belonging. People would invite neighbors to come and give a hand. Also people did not have money and resources, which enables individuals to employ people or machinery to do the work for them. In any community cooperation usually exists in the form of associations of people who come together as a group driven by their social and economic needs in order to cope with their problems and improve their conditions of living MOCD (2006) According to Odepo and Nyawinda (2004) , savings and credit cooperatives societies (commonly referred to as SACCOs), accept monthly payments for shares from which, members may borrow an amount equivalent to two or three times their own savings if they can get other members to guarantee them. They say that growth in SACCOs in the last twenty years has been spectacular. According to statistics from Kenya Union Of Savings and Credit Cooperative societies   (KUSCCO), the number of SACCOs rose from 630 in 1978 to 3,870 by the end of October 2002 while savings and share capital rose from Kshs. 375 million   in 1978 to Kshs. 80billion by 2003. Credit outreach similarly recorded significantly, having risen from 357 million in 1978 to kshs. 70 billion by 2003. Saccos active members numbered over 1.5 million by 2002 having risen from 378,500 members in 1978. Their rapid growth indicate that they have filled a need which had not been made by the financial institutions. Of the Kshs. 110 bill ion in the current share capital and deposits held by cooperatives, the statistics show that Kshs. 90 billion has been lent out to customers. However, the recent statistics from the ministry of cooperative development and marketing shows the position as below The internal management principles need to be enforced strongly to improve efficiency of collections, and even perhaps consider insuring the loans in case of demise of member loaned. The Sacco movement has the capacity to propel the economic lives of the citizens if indeed it is well managed. Its principles of democratic management, voluntary membership and common bond give it the base to take its members to new heights. The movement has been a boon for this country and many people would not be where they are now were it not for the harvests of the opportunities sowed in the garden of the movement. It mobilizes savings and finance and penetrates to areas not valued by other financial institutions, while serving special needs of members. The prospects for the industry are so huge. By identifying the fact that the easiest source of funding is the locally mobilized savings, the saccos should come up with innovative ideas to encourage the members of the common bond to save, as a first step. Other sources of funds like the cooperative bank, which all the saccos have a stake in, should be considered exhaustively. Besides they should think outside the box and get organi zations willing to empower members economically by allowing loans at a rate less than what saccos offer to its members. The saccos umbrella body- Kussco- has a fund to assist the member saccos when they are in need of the funds   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   ( www.kusco.com) Saccos face numerous challenges that hinder the exploitation of their full potential. Mudibo(2005) raised concerns on the calibre of leaders who run saccos noting that since these are voluntary organizations, members can elect anybody they like, who may not necessarily have the skills to run a sacco. He suggested that before a member is elected, he should have certain number of shares so that he has something to loose if he mismanages the sacco. Non remittance and delayed remittance of cooperative dues by employers has led to inconveniences and loss of income by the societies. New rules have however provided stiff penalties for errant employers. Members are also at risk due to HIV/AIDS and ways to attract new members are required. Ngumo (2005), in his article the cooperative movement in Kenya; the eagle that wont fly Nairobi, Kenya institute of management raises several unsettled issues affecting the saccos. First the government should decide on whether to control or facilitate the cooperatives. Cooperative roles should be re-emphasized. One member one vote should be questioned. Instead he suggests the policy of one share one vote. Still, ownership and control should be de-linked for good corporate governance. Then business strategies need further scrutiny before implementation. He concludes that it will be sad for Kenyans to compose a eulogy for the movement after all this time. He said; We cannot milk a cow, refuse to feed it, cry that it was wonderful cow and blame God for its demise. According to National Micro and Small Enterprise (MSE) Baseline Survey (1999/2000), Kenya has a relatively well developed banking and formal financial sector. This consists of the Central Bank, 43 commercial banks, 16 non-bank financial institutions, 2 mortgage finance companies, 4 building societies , 8 developed financial institutions about 3870 cooperative savings and credit societies, 38 insurance companies, the Nairobi stock exchange and venture capital companies. The survey further indicates that nearly 89.6% of MSEs had never received credit and other financial services. Table 1.2 Sources of credit   to MSEs in Kenya 2000 Source: National MSE Baseline survey 1999/2000 (CBS, K-rep and ICEG) The unserved credit needs portrayed by the statistics in the table 1.2 in the background section above signifies a wealth of opportunities untapped by all the financial institutions. The proof of the existence of market implies that a lot needs to be done to raise what it takes to serve a market. The most basic need is the finance to lend in a discipline way. Voluntary savings from members is therefore imperative. Saccos abilities to improve their members wealth is determined by a number of factors, among them is the funding levels due to members marginal propensity to save, contributions; remittance by the employers, legal and regulatory framework, internal management principles and practices (e.g customer service, marketing, dividend / interest payment etc) amongst other factors. These factors level of influence on saccos ability to perform captured the attention of the researcher. It was the intention of the researcher to examine them and possibly recommend on the best way to miti gate the underlying challenges and take advantage of the available opportunities by exploiting existing strengths. Voluntary deposits / savings as a source of commercial finance for micro credit institution have generated a lot of interest and debate in recent years. Locally mobilized voluntary savings is potentially the largest and the most immediately available source of finance for some micro credit institutions, most of all the saccos. Bearing this in mind, one is left to wonder what is hindering the saccos from prosperity, given the access to its resources and the wealth of its opportunities. The purpose of this research is to broaden the discussion of what, when, why and how a sacco should use its resources, get the right framework, apply effective policies for improvement of the wealth of its members. Getting these elements right is a crucial part of meeting the demand for the unmet credit needs. The researcher will also seek to bridge the gap that exist between Saccos that have exemplary performance in their services to members and excellent returns and some others which barely afford to offer loans, leave alone dividends. According to Armstrong, performance is often defined in output terms the achievement of quantified objectives. But performance is a matter not only of what people achieve but how they achieve it. High performance result from appropriate behaviour, especially discretionary behaviour, and the effective use of the required knowledge, skills and competencies. 1.3 STATEMENT OF THE PROBLEM Quite a number of Saccos e.g TENA sacco, have a long string of pending loan applications from members SACCO star ( 2006) . Some saccos pay out little or no dividends/ interests on members savings. Some others still have a low loan multiplier and / or limited concurrent loans compared to some well performing counterparts e.g Stima Sacco, Sacco star,(2006)- which has even started ATM services for FOSA customers and manages to advance more that three times the members deposits, can give up to four concurrent loans without closing any applications for the year and gives loans almost immediately it is applied for by the member , (mwaura (2004). Among the major problems hindering this is the unavailability of much needed cash to lend, when it is required. This therefore causes a mismatch in the availability of funds and the demand for loans. Other reasons could be poor investment decisions or lack of investment opportunities or delayed cash flow from employers/ members among others. Rutherford (1999) wrote that funding these large sums of money is the main management problem. The only reliable and sustainable way is to build them from savings. Saving- making a choice not to consume- is thus the fundamental and unavoidable first step in money management, without which financial services cannot operate. The poor themselves recognize the need to build savings into lump sums and contrary to the popular belief, the poor want to save and try to save, and all poor people except those who are entirely outside the cash economy can save something, no matter how small, When poor people do not save, it is for luck of opportunity rather for lack of understanding or of will. Most of the saccos have succeeded in mobilization of savings from members. Inspite of this, still they have a huge backlog in terms of loans advanced to members (Sacco star, 2005). Furthermore, most of the saccos pay little dividends/interests on deposits or none at all, in-spite of trading with the deposits/savings. It was therefore the intention of the researcher to seek to establish the determinants of saccos capabilities to improve its members well being. 1.4 OBJECTIVES OF THE STUDY Main Objective The main purpose of this study was to investigate and refine our understanding of the major factors that determine the performance of saccos to enable them maximize their members wealth. Specific objective Specifically, the study sought: To find out the extend to which the nature of business/ check off system affects performance of SACCOs To establish the relationship between management practices and performance of SACCOs To examine the level of education and training of general members, committee members staff and their effects on performance of SACCOs To determine if long term investment affects performance of SACCOs 1.5 RESEARCH QUESTIONS To what extent does the nature of business/ check off system affect performance of SACCOs? Do management practices affect performance of SACCOs? Is education and training of general members, committee members staff a factor that affects the performance of SACCOs? Does long term investment affect the performance of SACCOs? 1.6 SIGNIFICANCE OF THE STUDY This study is aimed at developing an understanding on major factors determining the accessibility to funds to process and dispense all loan requisitions in time by saccos in Kenya. It is seeking to examine and underscore the salient principles that have a bearing in the success in similar or related areas of focus, and hence suggest ways and means of overcoming failure. The study is aimed at benefiting, among others, the management teams. These are the people entrusted by the members to take care of their interests in saccos. They will study to understand and improve on policy setting and implementation for overall sustainability of the sector. The entire sacco membership will also get enlightened. The members of the common bond will appreciate their role in sustaining their welfare through sacco as a vehicle. They will be more willing to take a center role instead of quiting when they feel their interests are not being taken care of by the people they entrusted them with. It will also benefit the sacco staff/secretariate; these are the people who get their daily bread from the sacco. They will understand their role in the growth of the organization, hence acting to secure their source of livelihood. It will also be of good use to the government department in charge of cooperatives. The report will bring to light issues requiring framework and only them can attend to for the overall sustainability of the sacco industry. Finally other researchers in this area will find this useful. They will get recommendations for further research from this study. The beneficiaries will have access to the information on the findings from the compiled report. The final report will be available in selected major libraries, organized groups, especially the respondents will get a copy of the report on the findings. 1.7 SCOPE OF THE STUDY This studys scope was the saccos based in Eldoret. The researcher selected a suitable sample from the population by purposive convenience sampling. According to the statistics from MOCD/M, there are about 10 such saccos within Eldoret town. About 40 % of the population (4 saccos) were covered by the study. The study targeted the members of the central management committee (CMC) in the selected SACCOs. CHAPTER TWO 2.0 LITERATURE REVIEW 2.1 Introduction to literature review This section contains literature that has been reviewed and continues to be reviewed relating to the problem. Literature review involves locating, reading and evaluating reports of previous studies, observations and opinions relating to the planned study. It therefore enables the researcher to know what has been done in the particular field of study, makes one aware of what has been made and what challenges remain, and gives suggestions on the variables and procedures that could be used. Literature review logically leads to objectives on the study. 2.2 Past studies in the area 2.2.1 Background information According to Mwaura (2005) sessional paper No. 4 of 1987 on renewed growth through the cooperative movement highlighted the significance of the movement in national development. By this time there were 3500 registered cooperatives with more than 2million members and an annual turnover greater than 6billion. The paper noted that one in every two Kenyans derived its livelihood from the cooperative either directly or indirectly. The cooperative movement in Kenya is reputed to be the most advanced in the African continent. The Kenya Nordic agreement of 1967led to the establishment of the Cooperative college of Kenya at Langata, which is the main training ground for both ministry staff and the movement employees. According to MOCD (2002) the first Savings and credit Cooperatives in Kenya were started in the sixties. The Government annual economic survey shows that as at December 2002 there were more than 2,400 active SACCOS with membership in excess of 1.5 million people. Share capital stood at Kshs. 65 billion while outstanding loans were Kshs. 59 billion.. The structure of the cooperative movement in Kenya comprises of four tiers. These include the primary societies, secondary cooperatives, tertiary cooperatives and nationwide cooperatives. The Kenya Federal of Cooperatives (KNFC) is the only apex society in the movement. It was formed with an objective of promoting, developing, guiding, assisting and upholding ideas of the cooperative principles. KNFC is the link between cooperatives in Kenya and the international cooperative alliance. Of special mention here is the African Confederation of Cooperative Savings and Credit Associations (ACCOSCA), which is registered under the Societies Act, Chapter 108 of the laws of Kenya. Its area of operation is Africa and the adjacent islands. Its head-quarters is in Nairobi. It has twenty five affiliated organizations. It is affiliated to the International Cooperative Alliance through its members in the world council of Credit Unions (WOCCU). According to the cooperative Societies Act (Cap 490), persons desirous of forming a cooperative society must fill the prescribed form from the commissioner for cooperatives. It requires that at least ten members will sign the form, though for savings and credit the commissioner has been asked for more people. The form requires that the society makes its by-laws. For ease of convenience the commissioner has prepared model by-laws for the cooperative societies. The societies are nevertheless free to change these or come up with their own by-laws. The by-laws must detail the following; the name of the society, objects of the society, purposes to which its funds may be applied, disposal of surplus funds, qualifications for membership and terms and conditions of admission of members. For savings and credit cooperatives, the following are also includes, the rate of interest, the maximum amount loan-able, extension, renewal and recovery of loans and the consequences of default in the repayment of any sums due. On receipt of the application form the office of the commissioner will register the cooperative society on the advice of the cooperative officer in charge of the area of operation. Chapter 490 provides that no companies registered under the companys Act or any un-incorporated body of persons shall become a member of a registered society except with the written permission of the commissioner. It also provides that no person can join more than one cooperative society with unlimited liability. A member may nevertheless be allowed to join two or more cooperatives with limited liability if the two are in different areas of operation. A cooperative society just like a company, may be registered with or without limited liability. The commissioner has power to refuse to register a cooperative society. Nevertheless, the refusal must be given to the applicants in writing. Applicants can appeal to the minister for cooperative developments and finally to the high court. The commissioner may register the cooperative either provisionally or fully. A provision registration is given where some requirements for registration have not been met. The applicants are given a period o f one year to satisfy all conditions. A provisionally registered cooperative society may act as a fully registered in all ways. Upon registration such a cooperative society is deemed to have been registered on the date of the provisional registration. Upon registration a society becomes a body of corporate. According to Ouma(1980), the term cooperative in its widest sense simply means working together. In this context cooperation is as old as mankind and exists wherever the human family is found. Indeed such cooperation exists among animals, insects, bees and ants. Thus cooperation generally means working together for a common purpose. Thus group effort through traditional form of cooperation may be traced in all communities of the world. However its narrow sense as a movement, it means an association of people whose purpose for group work yields good results not only for the members but to the community in general and even to the humanity at large. Cooperative is a business organization by profit, but rather the result of mutual association whose objective is equitable economic betterment of man and the society in which he lives. According to the MOCD, cooperatives are regulated by a set of principals. These principles were formulated by a group of people who lived in a village in England known as Rochdale, and they are therefore referred to as Rochdale pioneers. They formed the first successful cooperative society   in 1884. This society which was a consumer cooperative society was formed in 1844 when Britain was undergoing industrial revolution. As a result of the revolution, a lot of people lost their jobs in the factories as machines were introduced to replace them. In addition to this there was general lack of credit and supply of essential commodities like salt, sugar, flour and cooking fat. Businessmen also took advantage of this situation and started offering impure products at high prices. It is against this background that Rochdale Pioneers decided to draw up some sort of principles which would guide their operation as cooperative society.   These principles were intended for the regulation of cooperative society as indicated by the great stress on the sale of pure products and the sale of goods for cash only. It was therefore found necessary to formulate the principles for adoption by other types of cooperatives. The International Cooperative Alliance (ICA) Commission of 1966 adopted the following principles which are genuine for the running of a genuine cooperative society:- Open and voluntary membership, democratic administration (one man, one vote), limited interest on share capital, payments of dividends and bonuses to members, promotion of education and cooperation with other cooperatives at local national and international levels. According to Ouma (1980), the traditional cooperatives have been in existence in Kenya, as it has been elsewhere, from time immemorial. Examples of such cooperative practices are to be found in Kenya. The group association is normally based on lineage according to the natural geographic environment in which the members of the group are born. This is usually based on clan or people who live within the same village. It can be stated with fair amount of certainty that the   traditional forms of cooperation do generally speaking, form the basis for the establishment of modern cooperative organizations. There is for instance in Luo, Saga whereby a group of people do ploughing, weeding or harvest for each member of the group in turn. In Kwath, members of the group look after their cattle together for three or more days consecutively, in turn. In Kikuyu there is what is called ngwatio (Mwethya in Kamba) whereby members of the group get together to build houses for themselves, each member of the group breinging what is required for the construction e.g. grass and poles. When the first house is completed then the members start on the next one. In Kisii, there is what is called obituary wherby men go on a job hunting exercise, and when they kill an animal, they will either divide it or take it home (village) where it mis cooked and eaten communally by all the villagers. Among the Kalenjin there is the practice of Kokwet wherby a group of people   would go out to harvest or weed the garden of their members in turn. The Kalenjin also have Loget whereby the men   go in a joint   effort to kill animals for food. According to Ouma(1980), practically all the ethnic groups in this country, whether small or big, has since time immemorial practiced mutual association in order to satisfy their needs socially, economically or otherwise. It is also necessary to point out that in the traditional forms of cooperatives, in contrast to the modern cooperatives, members had a great sense of commitment and belonging.. They had mutual trust and   were voluntarily involved in their activities and affairs.. It is of course not possible and it may not be expected that with the development of cosmopolitan populations consisting of different ethnic groups and tribes that members can still hold   together without some form of regulations. Hence the necessity to resort to legal reinforcement and education in order to develop efficient cooperative organizations. Although these associations of group effort could be deemed self help which is infect a for of cooperative , it is nevertheless true to say that the modern cooperative movement, born in Kenya during the beginning of twentieth century owed much of the cooperative idea to these earlier practices. It is also true that the modern cooperative associations in this country took a different approach and   mainly because of expediency. Its founders the British settlers- merely wanted to use it as a cheap means of business for easy profit making. They never spontaneously involved the indigenous people who already were familiar with cooperative effort. The early settlers were beset by very many problems as regards their agricultural activities. For instance prices for Agricultural products were very low, transport of the agricultural inputs and outputs to the markets by each individual settler were classical nightmares. Therefore this new system of farming with its large scale production caused the needs for associations by the few European farmers who undoubtedly had conceived the cooperative idea from the British cooperative movement back home. It will of course be recalled that the formal and successful cooperative organisations started in Britain in 1844. In 1908, they resolved to join together at a place called Lumbwa and formed Lumbwa cooperative Society Ltd. Although not registered as such under any cooperative Societies Act, it is deemed to be one of the modern cooperatives in Kenya. The main objective was to purchase merchandise; i.e. fertilizers, chemical seeds, and other agricultural inputs through collective effort, and to market their produce collectively thus taking advantage of the economy of scale. It would appear quite clear at this point that cooperatives in Kenya did not start as a poor mans defensive weapon against the exploitation by the middlemen, as it had started in Europe and elsewhere. It was on the contrary an easier means to enable the white settlers to receive high returns from their agricultural produce. Thus it was rather an economic necessity for the well to do and not the ordinary man with little or no means at all. It will be remembered that during this time, there was no cooperative societies ordinance to regulate and to assist the management of these cooperative efforts in Kenya. It is also not clear whether or   not Lumbwa Cooperative society ltd was registered even under the companies Act, otherwise calling it a co-operative society was misleading. However one thing remains certain, and that is that the settlers wanted to maximize their profits by trading under the pretext of a co-operative organisation, thereby enjoying its privileges. According to Ouma (1980) many self help groups, most of which were very small and un-economic, were started all over the country. But these were not economically viable and consequently had to be amalgamated into larger economic units. These were for instance Kenya farmers association (co-operatives), Kenya planters co-operative union, Kenya cooperative creameries and Horticultural cooperative union. It is a fact that these institutions formed the backbone and the base for formal cooperative movement in this country. These initial cooperative ventures in Kenya were unfortunately not quite in the spirit of the Rochdale Pioneer Cooperative Society. They never for example, observed the principle of membership, for no African could participate in it until later. The need to form formal cooperative organisations arose when some African peasant farmers realized that they were being exploited, especially by the Asian traders who were paying very low prices for their agricultural produce. As early as in the 1930s there were attempts to form cooperatives by the indigenous people of Kenya, in spite of lack of proper guidance. Of these early attempts two examples can be mentioned here, The Taita vegetable company and the Kisii coffee Growers cooperative. The farmers had 239 members and bought 3 lorries at the cost of $1170 out of the profits made from the operations. The group was producing, grading, transporting and selling on the mombasa market over 900,000Lbs of vegetables a year and the growers received over $4,500 out of a gross selling price of $ 6300. This was indeed too substantial an enterprise to be left without a legal basis. It was later registered as cooperative society. The Kisii coffee growers Association which was able to raise from the sale of its coffee a sum of $2470 of which   $1240 was paid out to the 251 members who had cultivated only 159 acres, but had already accumulated a surplus of $1065. In 1994, the British Colonial Office in London appointed Mr. W.K.H Campbell to come to investigate the possibilities of African participation in the cooperative organisations. He carried out his investigations by touring and visiting many towns and districts in the republic of Kenya and talking to the people. After all his investigations Mr. Campbell submitted his recommendations that subject to availability of capable staff attempts to organise cooperatives were worth while. It was also during this time that the first African Mr. Eliud Mathu was nominated to the legislative assembly, as the Kenya parliament was called then. He demanded in parliament and such people as Ex chief Koinange from outside, that the Government should come out openly to encourage African participation in the cooperative movement. It was as a result of Campbells recommendation that the cooperative societies (Registration) Amendment, Ordinance of 1932 was repealed and the cooperative societies Ordinance of 1945 was enacted under Cap. 287. It was as a result of this new ordinance that the department of cooperatives was created, although it was placed under different ministries at various times. Consequent to the establishment of the department, a registrar ( now called commissioner for cooperative Development) was appointed and together with his staff was responsible for registration and promotion of cooperative societies in the country. The 1945 cooperative societies ordinance further gave the registrar certain powers over cooperative societies, for example refusal to register a cooperative society, cancellation of certificate of registration, to audit societys books of accounts, authority to inspect books of society, authority to settle disputes in cooperat Effect of Business and Management on SACCOs Effect of Business and Management on SACCOs The background gives a brief history of the savings and credit cooperative societies, highlights its importance to the society and touches on the problems that have influenced its performance of its roles and finally on the possible solutions or causes of actions. This preambles the statement of the problem, the purpose, significance, scope and limitations of the study together with the research questions. 1.2 BACKGROUND OF THE STUDY One of the basic principles of Cooperative Savings and Credit Movement is the belief in co-operation and mutual self help for the uplifting of members standards of living. Kussco(2006). Members with a common bond join hands to form those quasi-banks institutions. With finances mobilized through such joint efforts the savings and credit society members build up the capital which they can use through local arrangements to finance their own social as well as economic development. The traditional form of cooperation involved working together on farms, hunting and gathering. All people have basic needs of food, shelter, security and belonging. People would invite neighbors to come and give a hand. Also people did not have money and resources, which enables individuals to employ people or machinery to do the work for them. In any community cooperation usually exists in the form of associations of people who come together as a group driven by their social and economic needs in order to cope with their problems and improve their conditions of living MOCD (2006) According to Odepo and Nyawinda (2004) , savings and credit cooperatives societies (commonly referred to as SACCOs), accept monthly payments for shares from which, members may borrow an amount equivalent to two or three times their own savings if they can get other members to guarantee them. They say that growth in SACCOs in the last twenty years has been spectacular. According to statistics from Kenya Union Of Savings and Credit Cooperative societies   (KUSCCO), the number of SACCOs rose from 630 in 1978 to 3,870 by the end of October 2002 while savings and share capital rose from Kshs. 375 million   in 1978 to Kshs. 80billion by 2003. Credit outreach similarly recorded significantly, having risen from 357 million in 1978 to kshs. 70 billion by 2003. Saccos active members numbered over 1.5 million by 2002 having risen from 378,500 members in 1978. Their rapid growth indicate that they have filled a need which had not been made by the financial institutions. Of the Kshs. 110 bill ion in the current share capital and deposits held by cooperatives, the statistics show that Kshs. 90 billion has been lent out to customers. However, the recent statistics from the ministry of cooperative development and marketing shows the position as below The internal management principles need to be enforced strongly to improve efficiency of collections, and even perhaps consider insuring the loans in case of demise of member loaned. The Sacco movement has the capacity to propel the economic lives of the citizens if indeed it is well managed. Its principles of democratic management, voluntary membership and common bond give it the base to take its members to new heights. The movement has been a boon for this country and many people would not be where they are now were it not for the harvests of the opportunities sowed in the garden of the movement. It mobilizes savings and finance and penetrates to areas not valued by other financial institutions, while serving special needs of members. The prospects for the industry are so huge. By identifying the fact that the easiest source of funding is the locally mobilized savings, the saccos should come up with innovative ideas to encourage the members of the common bond to save, as a first step. Other sources of funds like the cooperative bank, which all the saccos have a stake in, should be considered exhaustively. Besides they should think outside the box and get organi zations willing to empower members economically by allowing loans at a rate less than what saccos offer to its members. The saccos umbrella body- Kussco- has a fund to assist the member saccos when they are in need of the funds   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   ( www.kusco.com) Saccos face numerous challenges that hinder the exploitation of their full potential. Mudibo(2005) raised concerns on the calibre of leaders who run saccos noting that since these are voluntary organizations, members can elect anybody they like, who may not necessarily have the skills to run a sacco. He suggested that before a member is elected, he should have certain number of shares so that he has something to loose if he mismanages the sacco. Non remittance and delayed remittance of cooperative dues by employers has led to inconveniences and loss of income by the societies. New rules have however provided stiff penalties for errant employers. Members are also at risk due to HIV/AIDS and ways to attract new members are required. Ngumo (2005), in his article the cooperative movement in Kenya; the eagle that wont fly Nairobi, Kenya institute of management raises several unsettled issues affecting the saccos. First the government should decide on whether to control or facilitate the cooperatives. Cooperative roles should be re-emphasized. One member one vote should be questioned. Instead he suggests the policy of one share one vote. Still, ownership and control should be de-linked for good corporate governance. Then business strategies need further scrutiny before implementation. He concludes that it will be sad for Kenyans to compose a eulogy for the movement after all this time. He said; We cannot milk a cow, refuse to feed it, cry that it was wonderful cow and blame God for its demise. According to National Micro and Small Enterprise (MSE) Baseline Survey (1999/2000), Kenya has a relatively well developed banking and formal financial sector. This consists of the Central Bank, 43 commercial banks, 16 non-bank financial institutions, 2 mortgage finance companies, 4 building societies , 8 developed financial institutions about 3870 cooperative savings and credit societies, 38 insurance companies, the Nairobi stock exchange and venture capital companies. The survey further indicates that nearly 89.6% of MSEs had never received credit and other financial services. Table 1.2 Sources of credit   to MSEs in Kenya 2000 Source: National MSE Baseline survey 1999/2000 (CBS, K-rep and ICEG) The unserved credit needs portrayed by the statistics in the table 1.2 in the background section above signifies a wealth of opportunities untapped by all the financial institutions. The proof of the existence of market implies that a lot needs to be done to raise what it takes to serve a market. The most basic need is the finance to lend in a discipline way. Voluntary savings from members is therefore imperative. Saccos abilities to improve their members wealth is determined by a number of factors, among them is the funding levels due to members marginal propensity to save, contributions; remittance by the employers, legal and regulatory framework, internal management principles and practices (e.g customer service, marketing, dividend / interest payment etc) amongst other factors. These factors level of influence on saccos ability to perform captured the attention of the researcher. It was the intention of the researcher to examine them and possibly recommend on the best way to miti gate the underlying challenges and take advantage of the available opportunities by exploiting existing strengths. Voluntary deposits / savings as a source of commercial finance for micro credit institution have generated a lot of interest and debate in recent years. Locally mobilized voluntary savings is potentially the largest and the most immediately available source of finance for some micro credit institutions, most of all the saccos. Bearing this in mind, one is left to wonder what is hindering the saccos from prosperity, given the access to its resources and the wealth of its opportunities. The purpose of this research is to broaden the discussion of what, when, why and how a sacco should use its resources, get the right framework, apply effective policies for improvement of the wealth of its members. Getting these elements right is a crucial part of meeting the demand for the unmet credit needs. The researcher will also seek to bridge the gap that exist between Saccos that have exemplary performance in their services to members and excellent returns and some others which barely afford to offer loans, leave alone dividends. According to Armstrong, performance is often defined in output terms the achievement of quantified objectives. But performance is a matter not only of what people achieve but how they achieve it. High performance result from appropriate behaviour, especially discretionary behaviour, and the effective use of the required knowledge, skills and competencies. 1.3 STATEMENT OF THE PROBLEM Quite a number of Saccos e.g TENA sacco, have a long string of pending loan applications from members SACCO star ( 2006) . Some saccos pay out little or no dividends/ interests on members savings. Some others still have a low loan multiplier and / or limited concurrent loans compared to some well performing counterparts e.g Stima Sacco, Sacco star,(2006)- which has even started ATM services for FOSA customers and manages to advance more that three times the members deposits, can give up to four concurrent loans without closing any applications for the year and gives loans almost immediately it is applied for by the member , (mwaura (2004). Among the major problems hindering this is the unavailability of much needed cash to lend, when it is required. This therefore causes a mismatch in the availability of funds and the demand for loans. Other reasons could be poor investment decisions or lack of investment opportunities or delayed cash flow from employers/ members among others. Rutherford (1999) wrote that funding these large sums of money is the main management problem. The only reliable and sustainable way is to build them from savings. Saving- making a choice not to consume- is thus the fundamental and unavoidable first step in money management, without which financial services cannot operate. The poor themselves recognize the need to build savings into lump sums and contrary to the popular belief, the poor want to save and try to save, and all poor people except those who are entirely outside the cash economy can save something, no matter how small, When poor people do not save, it is for luck of opportunity rather for lack of understanding or of will. Most of the saccos have succeeded in mobilization of savings from members. Inspite of this, still they have a huge backlog in terms of loans advanced to members (Sacco star, 2005). Furthermore, most of the saccos pay little dividends/interests on deposits or none at all, in-spite of trading with the deposits/savings. It was therefore the intention of the researcher to seek to establish the determinants of saccos capabilities to improve its members well being. 1.4 OBJECTIVES OF THE STUDY Main Objective The main purpose of this study was to investigate and refine our understanding of the major factors that determine the performance of saccos to enable them maximize their members wealth. Specific objective Specifically, the study sought: To find out the extend to which the nature of business/ check off system affects performance of SACCOs To establish the relationship between management practices and performance of SACCOs To examine the level of education and training of general members, committee members staff and their effects on performance of SACCOs To determine if long term investment affects performance of SACCOs 1.5 RESEARCH QUESTIONS To what extent does the nature of business/ check off system affect performance of SACCOs? Do management practices affect performance of SACCOs? Is education and training of general members, committee members staff a factor that affects the performance of SACCOs? Does long term investment affect the performance of SACCOs? 1.6 SIGNIFICANCE OF THE STUDY This study is aimed at developing an understanding on major factors determining the accessibility to funds to process and dispense all loan requisitions in time by saccos in Kenya. It is seeking to examine and underscore the salient principles that have a bearing in the success in similar or related areas of focus, and hence suggest ways and means of overcoming failure. The study is aimed at benefiting, among others, the management teams. These are the people entrusted by the members to take care of their interests in saccos. They will study to understand and improve on policy setting and implementation for overall sustainability of the sector. The entire sacco membership will also get enlightened. The members of the common bond will appreciate their role in sustaining their welfare through sacco as a vehicle. They will be more willing to take a center role instead of quiting when they feel their interests are not being taken care of by the people they entrusted them with. It will also benefit the sacco staff/secretariate; these are the people who get their daily bread from the sacco. They will understand their role in the growth of the organization, hence acting to secure their source of livelihood. It will also be of good use to the government department in charge of cooperatives. The report will bring to light issues requiring framework and only them can attend to for the overall sustainability of the sacco industry. Finally other researchers in this area will find this useful. They will get recommendations for further research from this study. The beneficiaries will have access to the information on the findings from the compiled report. The final report will be available in selected major libraries, organized groups, especially the respondents will get a copy of the report on the findings. 1.7 SCOPE OF THE STUDY This studys scope was the saccos based in Eldoret. The researcher selected a suitable sample from the population by purposive convenience sampling. According to the statistics from MOCD/M, there are about 10 such saccos within Eldoret town. About 40 % of the population (4 saccos) were covered by the study. The study targeted the members of the central management committee (CMC) in the selected SACCOs. CHAPTER TWO 2.0 LITERATURE REVIEW 2.1 Introduction to literature review This section contains literature that has been reviewed and continues to be reviewed relating to the problem. Literature review involves locating, reading and evaluating reports of previous studies, observations and opinions relating to the planned study. It therefore enables the researcher to know what has been done in the particular field of study, makes one aware of what has been made and what challenges remain, and gives suggestions on the variables and procedures that could be used. Literature review logically leads to objectives on the study. 2.2 Past studies in the area 2.2.1 Background information According to Mwaura (2005) sessional paper No. 4 of 1987 on renewed growth through the cooperative movement highlighted the significance of the movement in national development. By this time there were 3500 registered cooperatives with more than 2million members and an annual turnover greater than 6billion. The paper noted that one in every two Kenyans derived its livelihood from the cooperative either directly or indirectly. The cooperative movement in Kenya is reputed to be the most advanced in the African continent. The Kenya Nordic agreement of 1967led to the establishment of the Cooperative college of Kenya at Langata, which is the main training ground for both ministry staff and the movement employees. According to MOCD (2002) the first Savings and credit Cooperatives in Kenya were started in the sixties. The Government annual economic survey shows that as at December 2002 there were more than 2,400 active SACCOS with membership in excess of 1.5 million people. Share capital stood at Kshs. 65 billion while outstanding loans were Kshs. 59 billion.. The structure of the cooperative movement in Kenya comprises of four tiers. These include the primary societies, secondary cooperatives, tertiary cooperatives and nationwide cooperatives. The Kenya Federal of Cooperatives (KNFC) is the only apex society in the movement. It was formed with an objective of promoting, developing, guiding, assisting and upholding ideas of the cooperative principles. KNFC is the link between cooperatives in Kenya and the international cooperative alliance. Of special mention here is the African Confederation of Cooperative Savings and Credit Associations (ACCOSCA), which is registered under the Societies Act, Chapter 108 of the laws of Kenya. Its area of operation is Africa and the adjacent islands. Its head-quarters is in Nairobi. It has twenty five affiliated organizations. It is affiliated to the International Cooperative Alliance through its members in the world council of Credit Unions (WOCCU). According to the cooperative Societies Act (Cap 490), persons desirous of forming a cooperative society must fill the prescribed form from the commissioner for cooperatives. It requires that at least ten members will sign the form, though for savings and credit the commissioner has been asked for more people. The form requires that the society makes its by-laws. For ease of convenience the commissioner has prepared model by-laws for the cooperative societies. The societies are nevertheless free to change these or come up with their own by-laws. The by-laws must detail the following; the name of the society, objects of the society, purposes to which its funds may be applied, disposal of surplus funds, qualifications for membership and terms and conditions of admission of members. For savings and credit cooperatives, the following are also includes, the rate of interest, the maximum amount loan-able, extension, renewal and recovery of loans and the consequences of default in the repayment of any sums due. On receipt of the application form the office of the commissioner will register the cooperative society on the advice of the cooperative officer in charge of the area of operation. Chapter 490 provides that no companies registered under the companys Act or any un-incorporated body of persons shall become a member of a registered society except with the written permission of the commissioner. It also provides that no person can join more than one cooperative society with unlimited liability. A member may nevertheless be allowed to join two or more cooperatives with limited liability if the two are in different areas of operation. A cooperative society just like a company, may be registered with or without limited liability. The commissioner has power to refuse to register a cooperative society. Nevertheless, the refusal must be given to the applicants in writing. Applicants can appeal to the minister for cooperative developments and finally to the high court. The commissioner may register the cooperative either provisionally or fully. A provision registration is given where some requirements for registration have not been met. The applicants are given a period o f one year to satisfy all conditions. A provisionally registered cooperative society may act as a fully registered in all ways. Upon registration such a cooperative society is deemed to have been registered on the date of the provisional registration. Upon registration a society becomes a body of corporate. According to Ouma(1980), the term cooperative in its widest sense simply means working together. In this context cooperation is as old as mankind and exists wherever the human family is found. Indeed such cooperation exists among animals, insects, bees and ants. Thus cooperation generally means working together for a common purpose. Thus group effort through traditional form of cooperation may be traced in all communities of the world. However its narrow sense as a movement, it means an association of people whose purpose for group work yields good results not only for the members but to the community in general and even to the humanity at large. Cooperative is a business organization by profit, but rather the result of mutual association whose objective is equitable economic betterment of man and the society in which he lives. According to the MOCD, cooperatives are regulated by a set of principals. These principles were formulated by a group of people who lived in a village in England known as Rochdale, and they are therefore referred to as Rochdale pioneers. They formed the first successful cooperative society   in 1884. This society which was a consumer cooperative society was formed in 1844 when Britain was undergoing industrial revolution. As a result of the revolution, a lot of people lost their jobs in the factories as machines were introduced to replace them. In addition to this there was general lack of credit and supply of essential commodities like salt, sugar, flour and cooking fat. Businessmen also took advantage of this situation and started offering impure products at high prices. It is against this background that Rochdale Pioneers decided to draw up some sort of principles which would guide their operation as cooperative society.   These principles were intended for the regulation of cooperative society as indicated by the great stress on the sale of pure products and the sale of goods for cash only. It was therefore found necessary to formulate the principles for adoption by other types of cooperatives. The International Cooperative Alliance (ICA) Commission of 1966 adopted the following principles which are genuine for the running of a genuine cooperative society:- Open and voluntary membership, democratic administration (one man, one vote), limited interest on share capital, payments of dividends and bonuses to members, promotion of education and cooperation with other cooperatives at local national and international levels. According to Ouma (1980), the traditional cooperatives have been in existence in Kenya, as it has been elsewhere, from time immemorial. Examples of such cooperative practices are to be found in Kenya. The group association is normally based on lineage according to the natural geographic environment in which the members of the group are born. This is usually based on clan or people who live within the same village. It can be stated with fair amount of certainty that the   traditional forms of cooperation do generally speaking, form the basis for the establishment of modern cooperative organizations. There is for instance in Luo, Saga whereby a group of people do ploughing, weeding or harvest for each member of the group in turn. In Kwath, members of the group look after their cattle together for three or more days consecutively, in turn. In Kikuyu there is what is called ngwatio (Mwethya in Kamba) whereby members of the group get together to build houses for themselves, each member of the group breinging what is required for the construction e.g. grass and poles. When the first house is completed then the members start on the next one. In Kisii, there is what is called obituary wherby men go on a job hunting exercise, and when they kill an animal, they will either divide it or take it home (village) where it mis cooked and eaten communally by all the villagers. Among the Kalenjin there is the practice of Kokwet wherby a group of people   would go out to harvest or weed the garden of their members in turn. The Kalenjin also have Loget whereby the men   go in a joint   effort to kill animals for food. According to Ouma(1980), practically all the ethnic groups in this country, whether small or big, has since time immemorial practiced mutual association in order to satisfy their needs socially, economically or otherwise. It is also necessary to point out that in the traditional forms of cooperatives, in contrast to the modern cooperatives, members had a great sense of commitment and belonging.. They had mutual trust and   were voluntarily involved in their activities and affairs.. It is of course not possible and it may not be expected that with the development of cosmopolitan populations consisting of different ethnic groups and tribes that members can still hold   together without some form of regulations. Hence the necessity to resort to legal reinforcement and education in order to develop efficient cooperative organizations. Although these associations of group effort could be deemed self help which is infect a for of cooperative , it is nevertheless true to say that the modern cooperative movement, born in Kenya during the beginning of twentieth century owed much of the cooperative idea to these earlier practices. It is also true that the modern cooperative associations in this country took a different approach and   mainly because of expediency. Its founders the British settlers- merely wanted to use it as a cheap means of business for easy profit making. They never spontaneously involved the indigenous people who already were familiar with cooperative effort. The early settlers were beset by very many problems as regards their agricultural activities. For instance prices for Agricultural products were very low, transport of the agricultural inputs and outputs to the markets by each individual settler were classical nightmares. Therefore this new system of farming with its large scale production caused the needs for associations by the few European farmers who undoubtedly had conceived the cooperative idea from the British cooperative movement back home. It will of course be recalled that the formal and successful cooperative organisations started in Britain in 1844. In 1908, they resolved to join together at a place called Lumbwa and formed Lumbwa cooperative Society Ltd. Although not registered as such under any cooperative Societies Act, it is deemed to be one of the modern cooperatives in Kenya. The main objective was to purchase merchandise; i.e. fertilizers, chemical seeds, and other agricultural inputs through collective effort, and to market their produce collectively thus taking advantage of the economy of scale. It would appear quite clear at this point that cooperatives in Kenya did not start as a poor mans defensive weapon against the exploitation by the middlemen, as it had started in Europe and elsewhere. It was on the contrary an easier means to enable the white settlers to receive high returns from their agricultural produce. Thus it was rather an economic necessity for the well to do and not the ordinary man with little or no means at all. It will be remembered that during this time, there was no cooperative societies ordinance to regulate and to assist the management of these cooperative efforts in Kenya. It is also not clear whether or   not Lumbwa Cooperative society ltd was registered even under the companies Act, otherwise calling it a co-operative society was misleading. However one thing remains certain, and that is that the settlers wanted to maximize their profits by trading under the pretext of a co-operative organisation, thereby enjoying its privileges. According to Ouma (1980) many self help groups, most of which were very small and un-economic, were started all over the country. But these were not economically viable and consequently had to be amalgamated into larger economic units. These were for instance Kenya farmers association (co-operatives), Kenya planters co-operative union, Kenya cooperative creameries and Horticultural cooperative union. It is a fact that these institutions formed the backbone and the base for formal cooperative movement in this country. These initial cooperative ventures in Kenya were unfortunately not quite in the spirit of the Rochdale Pioneer Cooperative Society. They never for example, observed the principle of membership, for no African could participate in it until later. The need to form formal cooperative organisations arose when some African peasant farmers realized that they were being exploited, especially by the Asian traders who were paying very low prices for their agricultural produce. As early as in the 1930s there were attempts to form cooperatives by the indigenous people of Kenya, in spite of lack of proper guidance. Of these early attempts two examples can be mentioned here, The Taita vegetable company and the Kisii coffee Growers cooperative. The farmers had 239 members and bought 3 lorries at the cost of $1170 out of the profits made from the operations. The group was producing, grading, transporting and selling on the mombasa market over 900,000Lbs of vegetables a year and the growers received over $4,500 out of a gross selling price of $ 6300. This was indeed too substantial an enterprise to be left without a legal basis. It was later registered as cooperative society. The Kisii coffee growers Association which was able to raise from the sale of its coffee a sum of $2470 of which   $1240 was paid out to the 251 members who had cultivated only 159 acres, but had already accumulated a surplus of $1065. In 1994, the British Colonial Office in London appointed Mr. W.K.H Campbell to come to investigate the possibilities of African participation in the cooperative organisations. He carried out his investigations by touring and visiting many towns and districts in the republic of Kenya and talking to the people. After all his investigations Mr. Campbell submitted his recommendations that subject to availability of capable staff attempts to organise cooperatives were worth while. It was also during this time that the first African Mr. Eliud Mathu was nominated to the legislative assembly, as the Kenya parliament was called then. He demanded in parliament and such people as Ex chief Koinange from outside, that the Government should come out openly to encourage African participation in the cooperative movement. It was as a result of Campbells recommendation that the cooperative societies (Registration) Amendment, Ordinance of 1932 was repealed and the cooperative societies Ordinance of 1945 was enacted under Cap. 287. It was as a result of this new ordinance that the department of cooperatives was created, although it was placed under different ministries at various times. Consequent to the establishment of the department, a registrar ( now called commissioner for cooperative Development) was appointed and together with his staff was responsible for registration and promotion of cooperative societies in the country. The 1945 cooperative societies ordinance further gave the registrar certain powers over cooperative societies, for example refusal to register a cooperative society, cancellation of certificate of registration, to audit societys books of accounts, authority to inspect books of society, authority to settle disputes in cooperat