A Big Issue for Home Appliance Manufacturers in China :: Outsourcing Retail Partner Manufacturing Essays

A Big Issue for Home Appliance Manufacturers in China Home Appliance makers in china have gained extraordinary ground go with the quick improvement of the utilization of home apparatus in the entire country. There are numerous local home machines producers and outside makers particularly the individuals who originate from Japan and South Korea, challenge for this colossal market. The opposition among them is very burning. To involve the market, strategies, money and the board are undoubt instruments for contending. Notwithstanding, the distinction of those three components among the fabricates become less and less. So another field was engaged by those makers and numerous issues emerged. That is retailer. It is hard for those fabricates to contend with such huge numbers of rivals in this huge nation by just their own branch agents. Redistributing retailer become totally significant. Be that as it may, normal retailers can⠡â ¦t help excessively. What they need are re-appropriating retail accomplice who keep stable relationship and gracefully long haul retail administration to them. The advantages of redistributing retail accomplices are clear yet how to re-appropriate is very convolute and is the primary issue will be examined. Writing audit 1. What is outsourcing ¡GThe meaning of re-appropriating 1. The way toward moving the obligation regarding a particular business work from a representative gathering to a non-worker gathering (Zhiwei, Kathy, Joseph, 2001) 2. The redistribute could be characterized as an assistance outside the organization going about as an augmentation of the company⠡â ¦s business yet answerable for its own administration, while re-appropriating could be characterized as utilizing an outside office to deal with a capacity some time ago carried on inside an organization (Rothery and Robertson, 1995) 3. An exchange of a managerial obligation to an outside association, a course of action that changes both help conveyance and inside staffing designs. Agreements with counseling firms, in any case, are likewise seen by some as a type of redistributing, especially when close ties create in long haul relationships.(Johnson and Cox, 1997) Others depict redistributing as  ¡Ã¢ §the practice of taking care of over the arranging, the board and activity of specific capacities to a free third party⠡â ¨ (Auerbach, 1996).  ¡Ã‚ §Finding new providers and better approaches to make sure about the conveyance of crude materials, merchandise parts and administrations, by using the information, experience and inventiveness of new providers not utilized already (Thames, 1994) 2. The advantages of redistributing a flexibly accomplice To know the motivation behind why the home machine makes need to redistribute retail accomplice. As Partner redistributing is just a piece of re-appropriating, we have to discover advantages or preferred position picked up from re-appropriating and we can see all the advantages of accomplice re-appropriating from that point.

How Laughter Benefits Our Health

Laughter is favorable and valuable to our wellbeing. Numerous pros concur that chuckling brings to various constructive outcomes of mental nature, and furthermore it improves our state of being. For instance, as indicated by an ongoing investigation of clinical specialists from the University of Maryland, chuckling assists with keeping our facial muscles in tonus, brings down the dangers of cardiovascular failure, improves our safe framework, and so on. Moreover, it was found that giggling can assume the job of a pain relieving, ease torments, increment torment resilience limit, and this impact is a mental one, in light of the fact that no demonstrate of a related concoction response was found (Reader’s Digest, 2005). Simultaneously, there are other mental results of chuckling. Elisabeth Scott, a pressure the board and family treatment master, focuses on different beneficial outcomes of chuckling as one of the best instruments to control and deal with our burdens. Those incorporate chances to occupy and to redirect one’s consideration from outrage, discouragement, strain, or other troubling feelings to clever and blissful things, and along these lines to stay away from conceivable destructive eventual outcomes of stresses. What's more, â€Å"..laughter gives a physical and passionate release,† it assists with unwinding, feel increasingly good and confident (Scott, 2007). At long last, giggling can be a decent exercise to improve own self-discernment and capacities to associate, since it encourages us build up great contact and mingle all the more viably. Without a doubt, chuckling is exceptionally sound for human brain science and psyche, since it assists with creating positive and eager air, structures idealistic points of view, just as invigorates great and chipper state of mind. Authorities discovered that small kids snicker around 400 times each day, be that as it may, grown-up individuals chuckle just around 17 times each day (Scott, 2007). That is the reason it is imperative to fuse into our day by day schedule increasingly more of good however controlled chuckling, which will assist with ending this life less truly and spotlight on positive or empowering thoughts. References Chuckle Your Way to Good Health. (2005, September). Reader’s Digest. The Reader's Digest Association Inc. Recovered January 19, 2008 Scott, E. (2007, November 7). The Stress Management and Health Benefits of Laughter. About. About Inc., The New York Times Company. Recovered January 19, 2008, from ;http://stress.about.com/od/stresshealth/a/laughter.htm;.

GTL

GTL A couple of weeks ago, Chris Peterson tried to describe my life as something affectionately known as GTL (http://www.urbandictionary.com/define.php?term=GTL) and no, not gaming, table tennis, and library. But if you asked me for a recipe for my amazing summer, I could only tell you what Ive concocted so far. 1 box of  questionable purpose (If youre wondering, the Daiso Japan in Berkeley sells these for 1.50. I imagine they work marginally better than party balloons.) 1 night of fireworks, thunderstorms and embarrassingly patriotic clothing 4 pounds of assorted cheeses and breads with the notion that making every sandwich on this list (http://www.buzzfeed.com/mjs538/40-amazing-grilled-cheese-sandwich-recipes) would be a good life choice 10 more excursions to cheap and delicious Korean places than Id like to admit BonChon soy garlic wings (left) and Goon Mandoo from Buk Kyung II (right) 3 photoshoots with beautiful MIT aspiring fashionistas and 60 unforgettable nights with my closest friends in the awful humidity doing a little bit of everything. While I wouldnt call my summer a complete success because Ive come uncomfortably close to getting scurvy, probably because I overestimate the nutritional content of Doritos and I went to one session of jiu jitsu only to realize that Im the furthest thing from a fighter and I started giving tours of MIT and quickly appreciated the art of walking backwards and talking and pointing all at the same time I cant say its been bad living right in the heart of Kenmore across from a frozen yogurt shop. So actually, scrap the entire recipe. The key to a successful summer is really living within 100 feet of a frozen yogurt shop. And reserving some time in your day to paint. #next_pages_container { width: 5px; hight: 5px; position: absolute; top: -100px; left: -100px; z-index: 2147483647 !important; }

1984 Love - 1994 Words

1984 and Love George Orwell presents us with an interesting portrayal of love in his novel, 1984. In the nation of Oceania that he writes about, the Party tries desperately to erase love for anything but Big Brother from the lives of its members. In many ways, it is successful in doing so. It causes Winston s marriage with his wife Katharine to be frigid and cold and to end in separation. Even occasional affairs that sneak by the Party s watchful eyes at first, like Winston and Julia s, are eventually stopped and the participants are forced to stop loving each other. Perhaps the strongest love that remains in Oceania is the warped love of tortured towards his torturer. This love is displayed by Winston towards O Brien and remains†¦show more content†¦When Katharine s memory becomes distasteful it is actually an improvement over the pain that it used to cause. Winston s marriage brings him nothing but agony because the Party has so successfully taken love out of marriage. The Party is also able to destroy love outside of marriage such as that between Winston and Julia. Their relationship begins as hatred, blooms into a fulfilling love, and then is transformed into indifference. The entire progression of their feelings towards each other is manufactured by the Party. During their first unrecorded meeting, Winston offers a love offering (100) by telling Julia what his feelings were before they met: I hated the sight of you... I wanted to rape you and then murder you afterwards (101). The mask that Julia put on to fool the authorities into thinking that she was a good citizen also fooled Winston. As a result, he hated her for conforming so whole-heartedly like his wife did. But after he realizes that was just a facade that she put on to fool others, Winston falls completely in love with her. They take enormous risks to be together first in the countryside and then in an apartment rented from a prole. When the couple is questioned by O Brien before their acceptance into the Brotherhood, they quickly agree to commit a whole list of atrocities including to throw sulfuric acid in a child s face, to commit murder, and even to commit suicide (142) if doing so would help destroy the PartyShow MoreRelated1984 Is A Love Story. George Orwell’S 1984 I Believe Is980 Words   |  4 Pages1984 IS A LOVE STORY George Orwell’s 1984 I believe is a love story. A nation where everything you do is under a surveillance, is hard to do anything. In Oceania love was one thing that the party did not like any one to have. As a matter of fact, it did work, because it ended Winston’s first marriage with Katharine in separation which was a painful situation for Winston. The party did not want anything to do with love. They wanted to get rid of everything except big brother, and anyone who triesRead MoreWhat Role Does Love Play In 1984 And Why Is It So Important?.2034 Words   |  9 PagesWhat role does love play in 1984 and why is it so important? George Orwell presents us with an interesting portrayal of love in his novel 1984. In the nation of Oceania, the government tries to eradicate love in order to isolate deviation to solely Big Brother. In many ways, it is successful in doing so. The absence of love caused Winston s marriage with his wife Katharine to be indifferent, cold, and to end in separation. Even occasional affairs that seem to sneak by the Party s watchful eyesRead MoreFear over Love in 1984882 Words   |  4 PagesFear Over Love Discipline, control, and authority are required for a government to thrive and in order to obtain these attributes it’s important to instill fear into the citizens. In 1984, a dystopian novel by George Orwell, the inner party has absolute control over the society and they use the fear of punishment to manipulate their people. As the novel progresses, Winston, the main character, starts to rebel, but because of the control and power that the party has obtained, they are able toRead MoreEssay On Love And Hate In 19841107 Words   |  5 Pagesemotions you experience in life are love and hate. Love and hate is the foundation of all feelings because the things you do every day can be something you love or something you hate. George Orwells novel 1984 pursues love and hate by addressing them throughout the novel. It shows that a society based on hate can survive because they are manipulated by their dictator â€Å"Big Brother.† The foundation of hate influences a persons actions which can control their love and hate that leads to uncertainRead MoreAnalysis Of George Orwell s 19841450 Words   |  6 PagesThose familiar with George Orwell’s â€Å"1984† will recall that â€Å"Newspeak was designed not to extend but to diminish the range of thought.† I recently felt the weight of this Orwellian ethos when many of my students sent emails to inform me, and perhaps warn me, that my name appears on the Professor Watchlist, a new website created by a conservative youth group known as Turning Point USA. I could sense the gravity in those email messages, a sense of relaying what is to come. The Professor Watchlist’sRead MoreConformity And Love In George Orwells 19841344 Words   |  6 PagesConformity and Love in 1984 The ability to love is possibly one of the most recurring aspects of humanity. Everyday people fall in and out of love with each other s personalities, opinions and lifestyle choices. In his novel 1984, George Orwell depicts a dystopian, loveless society. The technology, newspeak, and doublethink force conformity on Oceania, the setting of the book. The lack of diversity in people creates a world, where there isn’t any reason to love anyone else. Family relationshipsRead More1984: Love and Freedom Can Be Crushed860 Words   |  4 Pages Sigmund Freud once wrote, â€Å"Unexpressed emotions will never die. They are buried alive and will come forth later in uglier ways.† This can be seen in Georg Orwell’s 1984, which depicts an all-poweul totalitarian society where the government, knowen as the Party or Big Brother, has complete control over the people. Our protagonist, Winston, despises the Party, and secretly rebels by writing his seditious thoughts in a secret diary. To rebel, he starts a covert affair with Julie, another person thatRead MoreThe Threat of Love in Orwell’s Novel 1984 Essays1339 Words   |  6 PagesLove is both the foundation and the weakness of a totalitarian regime. At the heart of any totalitarian society, love between two individuals is eliminated because only a relationship between the person and the party and a love for its leader can exist. The totalitarian society depicted throughout the Orwell’s novel 1984 has created a concept of an Orwellian society. Joseph Stalin’s Soviet regime in Russia can be described as Orwellian. The imaginary world of Oceania draws many parallels to theRead MoreThe Themes Of Love And Violence In George Orwells 19841354 Words   |  6 Pagesâ€Å"Love, friendship, and respect do not unite people as much as a common hatred for something.† (Anton Chekhov). As depressing as it sounds, many of life’s societies are founded solely on hatred, eventually co rrupting the people so that their only â€Å"hope† or â€Å"relief† is found in the government’s control. George Orwell, English novelist (b.1903-d.1950) utilized the concepts of love and hatred within his dystopian novel, 1984, which is a totalitarian society under a government by the name of the PartyRead MoreReckless Love in King Lear and 1984 Essay2350 Words   |  10 PagesIn the literary masterpieces, King Lear and 1984, the character relationships are the essence of the stories themselves. In each of these pieces, both Winston, the protagonist of 1984, and the major characters in King Lear are put through a series of situations, including isolation and betrayal, in which the relationships with other characters are important to their fate. In almost every instance, the connections between each character when based on love, trust and sex lead to the downfall of one

Engineering Ethics And Why Engineers Essay - 2007 Words

Engineering ethics and why engineers are expected to use the highest standards of honesty and integrity. Introduction Engineering is a very important part of society, all types of engineers are important for our world to keep running smoothly, from civil engineers designing, planning and overseeing structures like dams and bridges. Mechanical engineers who design, develop and build mechanical and thermal devices, including tools, engines and machines. They are the reason we have safe and comfortable transportation and efficient machinery that mass-produce products. Electrical engineering that deals with the manufacturing of electrical equipment such as electric motors, radar, navigation systems and power generation equipment. There are also chemical engineers, computer hardware engineers, computer software engineers, environmental engineers, geological engineers, industrial engineers, materials engineers, nuclear engineers and finally petroleum engineers, these are just some of the engineers that keep our world running smoothly and because of this great responsibility they’re expected to work to certain ethics and must have the highest standards of honesty and integrity, because if their work isn’t up to standard or if they make a mistake then potentially catastrophic problems could occur, this is why they’re expected to work to the highest standards of honesty and integrity. Body #1 There are quite a lot of different engineering ethics, some of the most general principlesShow MoreRelatedBay Area Rapid Transit ( Bart ) System1563 Words   |  7 Pagesconsortium of 3 engineering companies Parsons, Brinkerhoff-Tudor-Bechtel (PBTB) to direct the construction of BART which began about 1963 [4]. BART system tried to apply many innovative technologies that had never been used in other commuter system, and one of them was the Automated Train Control (ATC) System, which was entitled to the Westinghouse Electric Corporation with a 26-million-dollar contract to design, install and tune the whole ATC system [3][4]. From 1969 to early 1971, three engineers whose workRead More Engineering Ethics Essay1653 Words   |  7 Pagesthe primary goal of a course on engineering should be to teach students the standards of professional conduct as set out by major engineering codes of ethics, or if they should think autonomously about moral issues. The speaker in the essay question suggest that the former argument is correct, and that engineering courses should have the goal of teaching students to master the standards set out by codes of ethics as following these is what engineering ethics consists of. This means that studentsRead MoreA Engineer s Responsibility Is Still Vague Of The Top Demand Professions Of All Time1699 Words   |  7 PagesTime to wake up Engineering has been one of the top demand professions of all time. Nevertheless, the awareness of an engineer’s responsibility is still vague in the society. In this concurrent era of technological revolutions, it has become highly relevant to give a definition to this. The question, ‘whether engineer should remain within the limitations/ guidelines of the organizations they work for or not’ finds high relevancy and importance. There are ongoing strong debates on this matter, withRead MoreThe Proper Application Of Ethics Essay1443 Words   |  6 PagesThe proper application of ethics in a field with such an overwhelming technical and physical aspect to it as engineering is very difficult. Knowing how to apply ethics that will correctly apply to the given situation and how to react to such an event is critical for all engineers. However, with the field advancing at an incredible pace, teaching ethical application becomes problematic when potential aspects of eng ineering is still theoretical but if becomes feasible, presents moral dilemmas to theRead MoreCurbing Overconsumption : Challenge For Ethically Responsible Engineering Essay1181 Words   |  5 Pagesâ€Å"Curbing Overconsumption: Challenge for Ethically Responsible Engineering,† professor E.J. Woodhouse discusses the causes of the modern environmental crisis, particularly how engineers should be responsible for aiding the environment. At one point, he asks, ’if it is technically feasible to arrange consumption far more efficiently, as Paul Hawken, William McDonough, and an increasing variety of others claim, does that imply that the engineers who help arrange the wasteful approaches are violating certainRead MoreEthics in Engineering Essay1469 Words   |  6 PagesEthics is the moral behavior that guides our actions; it motivates us in our personal behavior and is relevant in a business setting as well. Many organizations have set forth a set of guidelines known as a â€Å"Code of Ethics†. The Institute of Electrical and Electronic Engineers, being one of these organizations, has set forth their code as a requirement for students and engineer members to adhere to. Heading towards a career in electrical engineering I choose this organization to elaborate on forRead MoreEthical Failures Of A Professional Work Environment920 Words   |  4 Pagesand Morton-Thiokol were on the brink of negotiating the booster’ rocket contract renewal with NASA. Although, it is not an acceptable reason, we could see how engineers and others below the authority of Jerry could be afraid to state something contrary to what he stood by. When someone’s self-interest and pride gets in the way of engineering, it can neglect the welfare of the public, and cause them harm. This case study highlights many irresponsible, and ethical failures in a professional work environmentRead MoreIsambard Kingdom Brunel: The Second Greatest Brit of All Time800 Words à ‚  |  4 PagesIsambard Kingdom Brunel was a British engineer who designed and built many important constructs. He was a dedicated engineer who showed his versatility through his numerous projects and designs, including railways, steamships, docks, tunnels, bridges, and a hospital for the Crimea war. â€Å"Brunel’s work was remarkable for its wide ranging scope† (Biography Isambard Kingdom Brunel). Isambard Kingdom Brunel is an inspirational Briton because he was a great engineer who helped lead Britain through theRead MoreThe Hyatt Regency Walkway Collapse And The Challenger Space Shuttle Explosion868 Words   |  4 Pages Discussing Engineering Conflicts: The Hyatt Regency Walkway Collapse and The Challenger Space Shuttle Explosion ET 100 Section 01 Lance Scott W0520798 November 17, 2014 â€Æ' â€Æ' Abstract Often, engineering ethics differ in personal judgments and can lead to many conflicts with ideas, designs, or preparations. One reason of engineering ethics resulting in conflicts is the disagreements with the facts of the case or not agreeing on every aspect of the case. When working with others, many differ withRead MoreElectrical Engineering : Mechanical And Computer Engineering1686 Words   |  7 PagesElectrical engineers are also often educated in specializations, which makes you worth more to some companies and departments than others. Some of these specializations can vary from control systems, microprocessors, signal processing, telecommunication, et cetera. However, all of these specializations hold similar responsibilities with applying their scientific knowledge to create goods, products, installations and services to better the world around them. The nature of engineering brings forth

Liberal Arts Study Free Essays

William Cronon states in his article entitled â€Å"only connect†¦Ã¢â‚¬  the goals of liberal education that liberal education is founded on the virtues of aspiration towards the development and growth of human potential for the services of human freedom. This simply means to say that liberal education is a way by which a human being is released and brought to a place where he or she can fulfill their utmost potential. Liberal education and the study of liberal arts, for that matter, is a way of life and not simply a form of education adapted by institutions. We will write a custom essay sample on Liberal Arts Study or any similar topic only for you Order Now It involves passion and girth of knowledge. It accounts for a broad understanding of various kinds of knowledge that is needed for the holistic development of an individual. In today’s society, however, is the study of liberal arts truly needed? What is the importance of studying liberal arts? One of the most important aspects of liberal arts is in the fact that it encompasses the humanities. The study of liberal arts then encourages the study of the humanities. Why is this important? What makes the humanities essential in the progress of humanity, in the continuation of an individual’s daily life? There are many skeptics, especially in this age of unending quests for money and luxury, who believe that the study of the liberal arts, in general, and of the humanities, in particular, is only for those who have time on their hands; only for those who have no plans in contributing to the fast-paced development occurring all over the world today. However, this thinking is wrong and misled in many ways. Before one can understand this, however, one must first be able to understand what the humanities are. According to A.S.P. Woodhouse in his article The Nature of Humanities, humanities is a field of study that reverts the attention or the quest for knowledge on man. It puts the focus of attention on the life of man. Other definitions of humanities state that â€Å"The essence of the humanities is a spirit or an attitude toward humanity.† (The Humanities in American Life, 3) The humanities, then, is exactly what its name implies, the study of humans, of human life, of human way of life. However, this is very broad. If the scope of the humanities is humanity, this would indicate a near impossibility in studying it in its totality. This is why the development of the study of humanities has involved the sorting of the discipline into different interrelated fields. These include, but are not limited to, literature, art history, music history, cultural history, philosophy, dance, theater, arts, and film. All the disciplines related to humanities and through which it is studied are all centered on human values, beliefs, emotions and also the way these aspects are portrayed through the creativity of humans. (Witt, Brown, Dunbar, Tirro, and Witt, xxvi) It is clear from this description that the humanities are different on many levels from fields of knowledge such as the natural sciences. The sciences include the observation of the world we exist in. It entails creating assumptions, collecting data, and trying to create theories and laws to explain the behavior of the data collected. The humanities, the arts, on the other hand, begin with the very things that are considered irrelevant in science. It starts with the intangible things that are formulated by the creativity and imagination of a human being. The humanities begins with the world man created for himself and only then progresses to the world that is seen with the physical eye.(Frye, 23) Even from this basic explanation of the difference between humanities and science, one can see that there is no point of comparison. Both fields of knowledge are concerned with different aspects of reality. Even with this basic truth, the importance of studying the liberal arts, of studying humanities is seen. As much as there is a need to study science and to explore the world in the way that scientists wish to approach it, there is also a need to study the liberal arts and humanities and the opposite way by which humanists approach the world. It is, quite possibly, through the intersection of the approaches of both bodies of knowledge that true reality can be understood. However, there is another reason for studying the liberal arts and the humanities. It has been studied by scientists that the human brain is cleft into two. These two hemispheres are in charge of two different aspects of human behavior. The left hemisphere is said to be important for sequences, literalness, and analysis. The right hemisphere, on the other hand, deals with context, emotional expression and synthesis. The left brain has been commonly related to the sciences while the right brain has been related to the humanities. Daniel Pink in his article Revenge of the Right Brain stresses the importance of developing the right brain. He indicates that the world is in overdrive to stick to the sciences, to emphasize the development of the left brain. Computer savvy individuals are held at high esteem. Mathematicians are considered to be of top caliber in the human race. However, he points out that the future is not geared towards a simple understanding of numbers and figures. He emphasizes the need to go right, to develop the capabilities of the right brain. Individuals with the ability to create, to synthesize technology with the development of humanity, and to innovate new ways of thinking are needed. There is, therefore, a need to stretch out further than we have dared to go. The success and the development of mankind is not just in understanding the world he or she lives in but also in being able to interact with it creatively. Being a liberally educated person, says William Cronon in Only Connect, means being able to connect with the world and to interact with it in new and creative ways. This brings one to understand that, indeed, the humanities and the sciences are not separate or battling fields. In fact, the two are interrelated and should be used together for the betterment of society. In fact, without the general knowledge of all, both are indeed already converging in areas such as biomedical research, application of microprocessing and computer technologies, conduct of government, arms control, and utilization of natural resources. These are only a few of the many fields where both humanities and science are needed because of their very nature as fields with social and ethical aspects. (The Humanities in American Life, 6) It is thus clear that as much as society today emphasizes the need to develop the study of the natural sciences, it should also encourage the continuation and the development of the study of the different liberal arts and humanities. Although it is clear that there is a need to interrelate the two bodies of knowledge, the need to study the liberal arts and humanities is not simply based on the fact that it contributes to the developments of science. Science is said to be a study engaged in the constant gathering of information. It involves the steady accumulation of data about the world in which man moves and grows. The liberal arts and humanities on the other hand are unorthodox with regards to the view of education as an addition of knowledge one on top of the other. This is because the liberal arts and humanities are concerned with creation. They involve processes of visualizing the future, of imagining the ideal, of creating in the mind the concept of a society and world to be hoped for. The humanities involve the study and the understanding of the culture and the cultural contexts of mankind. (Witt, Brown, Dunbar, Tirro, and Witt, xxvi) It puts things in perspective because, as the initial definition stated, it focuses on the human life. The humanities, then, involves the aspects of life and reality that are not covered by science. These are just as important, and perhaps at times more important, than the fields science handles. This is evidenced by the fact that both fields of knowledge are interrelated. This is evidence by the fact that both approach the study of life from opposite sides. This is what renders the study of humanities and liberal arts important. A.S.P. Woodhouse in his The Nature of Humanities stated, If the humanities are indeed normative, if they mold the mind and sensibility of the student and bring an accession of wisdom, it is by virtue of their subject matter, of the ideas which they present or evoke and the experiences to which they give him entry; and these ideas and experiences achieve their full effect only as they are examined critically, evaluate, and by the student made his own. This shows that the study of the liberal arts and the humanities is essential not only in the fact that its main subject of study is important. An education in the liberal arts teaches an individual to think outside the box. It teaches him or her to become a critical thinker. The world is no longer simply a place of dates, names, theories, and laws. It becomes a place of endless questions and unlimited answers; answers that can be wrong, right, or somewhere in between. The human being becomes someone with the capacity to reject or accept the validity of everything occurring around him. More importantly, man becomes someone with the capacity to create, change, and redefine the world in which he or she lives. The liberal arts and humanities empowers man and makes him the center of his world. It also humbles man, placing him in a world that continues to provoke thought, emotion, and exploration. Works Cited Commission on the Humanities. The Humanities in American Life: Report of the Commission on Humanities. Berkeley: University of California Press. 1980. Cronon, William. Only connect†¦the goals of liberal education. The American Scholar, 67(1998) Frye, Northrop. The Educated Imaginaion. Bloomington London: Indiana University Press. 1974 Pink, Daniel H. Revenge of the right brain. Wired Magazine, 13(2005) Retrieved 29 March 2008 from http://www.wired.com/wired/archive/13.02/brain.html?pg=1topic=braintopic_set= Witt, Brown, Dunbar, Tirro, and Witt. The Humanities. 7th ed. Jean Woy. Berkeley, Boston: Houghton Mifflin Company. 2005. Woodhouse, A.S.P. The nature of humanities. In Encyclopaedia Britannica. 1989. How to cite Liberal Arts Study, Essay examples

When Does Title to Real Property Transfer in the State of Arkansas free essay sample

The State of Arkansas was selected as the example state because of its proximity to surrounding states of Tennessee, Mississippi, Missouri, and Okalahoma and the frequency in which individuals change their residency between the surrounding States. The research examines the type of real estate transfer theory practiced in the State of Arkansas by reviewing relevant case laws, mortgage practices and supplementary materials dealing with contract law and collection of rents. The literature tends to suggest that Arkansas does that follow any particular lien theory and utilizes a combination of each of the three lien theories. The Outline I. Introduction II. General definitions of three theories governing title transfer in United States of America: a. Title theory. b. Lien Theory c. Intermediate theory IIIGeneral effects of theories in practice a. Effects for the lender b. Effects for the borrower IV. Transfer of title in the State of Arkansas a. Prevalent theory used in State of Arkansas b. We will write a custom essay sample on When Does Title to Real Property Transfer in the State of Arkansas or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Review of laws and regulation governing transfer of title in Arkansas . Throughout the United States the rate of housing foreclosures or mortgage defaults continues to rise at an alarming rate. This rise in foreclosures and mortgage defaults in many instances can be attributed to a weakening economy. Many individuals enticed by a strong economy freely entered agreements to purchase homes with little regard to the actual terms of their agreement. A picture of these individuals would usually find young adults in a two to three person household, who finally obtained the opportunity to live the American dream and took full advantage of that opportunity. For many of these individuals this may have been their first home purchase or with decreasing interest rates they believed they could finally afford to remodel their present home to be their dream home. These same individuals knew little about twists and turns of purchasing a home or mortgage finance laws. Many did not use lawyers and simply relied on the advice of the lenders, mortgage companies or real estate agents. Unfortunately, the economy failed to cooperate as those families with two person incomes dropped to one person incomes and those adjustable rate mortgages increased beyond household income. The end result is a slow housing market with individuals actually losing their homes in drastic numbers or selling their homes at reduced prices, which usually means a lost for the average home owner. It affects their ability to purchase a new home and decreases the amount of funds that will be available to local economies through the purchase of other consumer goods. Because our country has become so mobile, allowing individuals to move from place to place with ease, many individuals had no problem locating new areas in various states to call home. Examples of the easy mobility concept are individuals living in the State of Tennessee who find it extremely easy to purchase a home in Arkansas or Mississippi and maintain their jobs in Tennessee. In fact, with the growing pressure to leave the fast life and crime often found in large Metropolitan areas, individuals jumped at the opportunity when confronted with advertisements from small suburbs or rural cities which boosted of the quiet simple life to raise their families while only minutes away from the recreation, entertainment and lucrative employment opportunities of the Metropolitan cities. It was the dream of a life time that many simply could not pass up. Understanding mortgage finance laws of the State an individual intend to purchase a home or understanding mortgage lending theories is extremely necessary and important to any individual relocating to another state or those who have lived in a state and purchase their first home. Unfortunately, most individuals seeking to relocate assume and wrongly so, that the laws regarding mortgage finance are the same throughout the United States. They are unaware of the procedures or consequences involved in retaining their property should they become delinquent in their mortgage payments. When an individual moves from one state to another they subject themselves to the laws of the state in which they are doing business. However, in some states an individual may be able to specifically contract that the mortgage or contract may be governed by the laws of another state. This is seldom used for individual residential mortgages and used primarily in some commercial transactions that occur in another state. Mortgage laws in their new state may or may not be to their advantage and they should know the advantages and disadvantages before they decide on purchasing a home in their chosen state. This is also true for businesses financial institutions lending funds, and other entities crossing state lines to conduct business in other states, i. e. , purchasing businesses or other property or obtaining loans in other states to conduct business in the State of Tennessee. The general belief of the average individual is that once they purchase a home or obtain a mortgage, the title to the property is placed in the name of the borrower and that a lender simply obtains a lien on the property and can only foreclose on the property when and if the borrower is unable to make payments and then, and only when an action is filed in a court of law. This may or may not be true based on the laws and practices of the State in which the transaction originates. Thus, a review of the laws governing the state in which the individual intends to obtain its mortgage will prove extremely beneficial. However a greater benefit will be obtained if the home buyer seeks the services of a licensed attorney or a home buyer counselor. This senior project has chosen the state of Arkansas to review its laws regarding the transfer of title in real property. Arkansas was selected because of its proximity to the State of Tennessee and Mississippi and the ease in which residents move their residency from one state to the other. Thesis Statement) Individuals entering into financial agreements to obtain funds to purchase real property should always know which of the three theories of real property transfer is practiced in the state in which they intend to obtain a mortgage. Literature Review The purpose of this senior project is to first review the three general theories governing real estate transfers as practiced throughout the United States, and how they can affect the transfer of property from a lenders perspective and from a borrower’s perspective. The project will also review the present status of mortgage lending and home buying throughout the United States and how the theories of title transfer has affected the present market. The project uses the State of Arkansas as the example state for its review and analysis. The project will explore and review how the laws in the State of Arkansas’ differ from other states in the United States and review the effects of such laws on individuals and businesses doing business within the State of Arkansas. Determining what theory is utilized within a particular state when obtaining a mortgage or transferring real property will prove extremely beneficial and alleviate serious problems for both the lender and borrower, should problems arise regarding ownership of the property, or in foreclosure proceeding. Knowing ones rights will assist the homebuyer in understanding what can happen to their property if they should become delinquent in their mortgage payments and allow them an opportunity to attempt to save their property or their equity interest should a foreclosure action be filed against them. The review will also examine how the failure of borrowers to understand property transfer theories can have a devastating affect on their ability to retain ownership of the property during a foreclosure action. Information released from Foreclosure Data online and posted on October 19th, 2007 indicate that the growing number of mortgage foreclosures has begun to affect more than just residential homeowners, â€Å" in some residential blocks where ten to twelve homes in a twenty-five home block, have ‘bank owned’ for sale signs on their lawns. The rising rate of foreclosures throughout the United States provide justification for the idea of borrowers taking more responsibility in determining their rights and the potential consequences when entering mortgage contracts where ever they live. In order to understand what happens if default occurs residents must always be aware of the three basic theories practiced throughout the United States relating to transfer of title and then attempt to understand which theory is actually practiced in the state in which they desire to purchase real property. This is especially relevant as many state fail to practice a single theory and combine several theories to develop a single procedure for dealing with property transfer in their state. For the most part title theory of a particular state is determine by case law, even in situations where states have adopted statues defining how title transfers will be conducted in their state. General Definitions of title transfer theories Following a broad adoption of English pure title theory by the American States, three theories of title have evolved. According to the Restatement Third of Property and (Mortgages), the evolution of title theory from the English common law has served to reduce the rights of the mortgagee under the ‘pure’ or original title theory of England. The pure title theory worked a defeasible conveyance of the fee to the mortgagee, which obtained legal title, the right to possession, and the right to collect the rents and profits. (2) This evolution included the development to (a) lesser title theory, (b) lien theory, and (c) intermediate theory. While the three theories are useful for comparisons, implementation of the theories is by no means standard. The practical effect of the theories has been minimized because in many jurisdictions the harshness of pure title theory has been removed by statue or by case law or in many instances the drafters of mortgages have learned to achieve the advantages of the alternative theories at the time the mortgage documents are prepared and signed. According to Sandy Gadow, an escrow expert, and a member of the American Land Title Association, in a title theory state, the borrower does not actually keep title to the property during the loan term. The seller gives the buyer/borrower a deed to the property but when the borrower signs the mortgage for the loan the borrower gives the title back to the mortgage holder. The lender then holds title to the property, as security only, until all loan payments have been made. During that time the borrower has the right to possession of the property, and the lender delivers the deed back to the borrower only after the loan obligation has been satisfied. (3) In most states the instrument used is known as a trust deed. The lender actually maintains ownership of the property until the debt is paid in full. The process is quite different in a lien title state. The Restatement (third) of Property, section 4. 1 (1997) indicates that in a lien theory state, the buyer holds the deed to the property during the mortgage term. The buyer promises to make all payments to the lender and the mortgage becomes a lien on the property, but title remains with the buyer. The lender’s lien is removed once the payments of all loan payments have been completed. (id 2) The two theories are similar in that they allow the borrower to actually possess the property but differ regarding actual ownership of the property. In a title theory state the borrower actually owns the property with the lender retaining the deed only for security whereas in a lien theory the buyer retains the deed and the lender retains a lien on the property. The third theory, the Intermediate theory can be considered a compromise theory between the title theory and the lien theory. Again, according to Sandy Gadow, an escrow expert, and a member of the American land Title Association, â€Å"the title remains with the borrower, but the lender may take back title to the property if the borrower defaults on the loan. † (Id at 3). An Arkansas Law review article in 1992 examines the effects of conflict of laws, and indicates that in an intermediate jurisdiction the mortgage is a lien until default, as it would in a lien theory state. Upon default, legal title passes by operation of law to the mortgagee and with the title comes the right to possession, rents and profits. (4) In her article, Sandy Gadow argues that â€Å"Foreclosure proceedings in a lien theory state may be more difficult for the lender than a title theory state, due to the fact that the buyer is holding title to the land and not the lender. † ( Id at 3). The theory prevents the lender from entering onto the property and taking possession of the property at will. The lender is forced to take legal steps to regain ownership of the property. The theory actually gives the borrower more time before they are forced to give up the property, and they also can continue to maintain possession of the property and keep any rents collected as a result of their ownership until a legal foreclosure action is completed. Today, mortgagees customarily profit from interest. Possession by the mortgagor is commonplace in title theory states, although some states still hold that possession remains with the ortgagee as an incident of legal title. Another real estate treatise reports that title theory mortgagees can take possession of the mortgaged property upon default and before foreclosure. (6) A borrower to a mortgage should always concern themselves with which theory will give the greatest ownership interest in their property and allow them to retain in terest in the property as long as possible. Any theory that immediately transfers the right to possession, fee simple ownership and any other legal rights from the borrower back to the lender are not in the best interest of the borrower. The literature thus far appears to suggest that a lien theory state would provide the better advantage to a borrower in that the borrower usually retains a right to ownership and possession until foreclosure is accomplished in a court of law. Many states within the United States adopt a lien theory when transferring property. However, like Arkansas, these same states do not exercise a hard and fast rule on the use of a title transfer theory. However, most states can be grouped in one of the three title theory categories. In general throughout the United States, approximately of the fifty states only sixteen states follow a lien theory, with the remaining thirty four (34) states being described a title theory states. More specifically of the six states that share a boundary with the State of Arkansas, which include: Texas, Oklahoma, Missouri, Tennessee, Mississippi and Louisiana, five of the six states are described as practicing a title theory in property transfers, and only one of those states, Louisiana is described as following the lien theory in title transfers. The literature reviewed tends to suggest that real estate transfer in the State of Arkansas fails to follow any of the three title transfer theories. Furthermore, to thoroughly understand or determine which if any of the three title transfer theories is used an individual would need to based its determination on an examination of relevant statues and case law. The chart below compares pure title theory, to lien theory, intermediate theory, and what will be described as Arkansas’ theory. Pure TitleLienIntermediateArkansas Legal Title Time of MortgageMortgageeMortgagorMortgagor- Default PassesMortgagee Equitable Title At Time of MortgageMortgageeMortgagorMortgagorMortgagor Character of Mortgagee’s InterestTitle of the FeeSecuritySecurityAt least Legal Title Character of Mortgagor’s InterestRedemptionProperty titleProperty titleAt Least Equitable Rights to Rent At time of MortgageMortgageeMortgagorMortgagorMortgagor Right to Possession At Time of MortgageMortgageeMortgagorMortgagorMay depend on Language Incidence of Possession-Rents, Sale, leaseMortgageeMortgagorMortgagorMortgagor In Arkansas, in the case of Bank of Oak Grove V. Wilmot State Bank, a case considered as an authority on Arkansas Mortgage law, the court refused to adopt a particular theory on the formalities of what the court termed the â€Å"broad and undefined a principle as lien versus title theories of mortgages†. (5) In general Arkansas courts do not appear to have frequently discussed title theory since a search of Westlaw for â€Å"title theory in Arkansas† produces only Bank of Oak Grove v. Wilmot. However, several cases align themselves and follow the decision of the Bank of Oak Grove case and its findings. Such cases cite the bank of Oak Grove case as an endorsement of title theory use in the State of Arkansas. Fully discerning the nature of Arkansas’ theory of title requires a discussion of whether a mortgage is merely a lien (lien theory) or whether it passes owner-type interest and powers to the mortgagee. A survey of Arkansas mortgage case law reveals two tracks of cases supporting different conclusions about whether a mortgage is only security for a debt. As early as 1856, equity held that a mortgage is only security for a debt. (7) By 1866, the Arkansas Supreme Court established that â€Å"now in both law and equity† a mortgage is mere security for a debt, and removed the presumption that a mortgagee takes possess if there is no proof other wise. (8) Eighteen years after Trapnall, the court said that the legal estate in mortgaged property passes to the mortgagee and that possession follows the egal title; the same was said 45 years after Trapnall in a 1911 case, Whittington v. Flint. (9) If it follows that legal title not only delivered possession but also delivered what a 1988 Arkansas Federal court interpreting Arkansas law called the incidents of possession (rents, profits and what appears as beneficial interests), Arkansas would have been a title theory state. The Arkansas Supreme Court has not overturned these cases, and the Arkansas Attorney General was citing the case as late as 1998. 10) After Wilson, the Arkansas Supr eme Court held that â€Å"in equity† a mortgage is only a security interest, and that the mortgagor is entitled to deal with the land as its owner, entitled to rents and profits and alienation as long as he is in possession and he and takers under him do not impair the rights of the mortgagee. (11) The 1959 update of a key Arkansas mortgage title treatise follows that a mortgage is a mere security interest. 12) The mortgagors were treated as owners in a 1980 case that characterized an absolute deed held for security purposes as an equitable mortgage, finding that the father who purchased the real estate was the mortgagee and holding that the divorcing son and daughter-in law must split the property. This inferred that the son and daughter-in-law were mortgagors and in effect owners of joint property. (13) The lack of clarity on some points suggests that mortgagors should not rely on the formalities of title theory in the State of Arkansas. Possession, Redemption and Rents as they relate to title transfer in Arkansas Better understanding Arkansas law requires discussions about possession, redemption and rents. The custom in Arkansas is that the mortgagor takes possession, but case law suggests that possession may be based on the terms of the agreement or interest rather than accruing automatically to the holder of legal title. More recent opinions mitigate towards possession being retained by the mortgagor. Similarly, the Arkansas Attorney General opined that the 1980 Nelson court took a â€Å"common sense approach† holding that the mortgagor retains a possessory interest that makes him â€Å"at least the equitable owner. † (14) This suggests a conclusion that possession can be devised by the contract language, which can grant immediate possession or possession upon default. Not withstanding the language, mortgagees are likely to intend that possession be in the mortgagor, and mortgagees are likely to want to avoid mortgagee in possession status and the duties that derive from it. To preserve its collateral, the mortgagee should include clauses providing for (1) appointment of a receiver; and (2) right to enter and inspect. A power of sale clause may be advisable; however, the Arkansas Code implies a power of sale in every mortgage of real property. (15) Arkansas does not follow title or lien theory or intermediate theory as the latter is described by secondary sources. Like title theory, the mortgagee appears to secure legal title. The more recent cases appear to treat the mortgagor as the owner as would be the case under lien theory. Arkansas appears to practice its own brand of intermediate theory in which the incidents of possession follow actual or constructive possession. Drafting may govern possession and rents in Arkansas law. The literature and case law indicates that the custom in Arkansas is that the mortgagor takes possession, but case law suggests that possession may be based on the terms of the agreement or intent rather than accruing automatically to the holder of legal title. In the case of Whittington (1884) and Wilson (1911 held that legal title passes to the mortgagee and with it possession, unless there is a reservation of the right to occupancy. Id 9) Trapnall held in 1866 that there is no presumption that the mortgagee takes possession. (Id. 8) Most recent opinions mitigate towards possession being retained by the mortgagor. The First Federal case addressed the incidents of possession, saying that in a â€Å"garden variety mortgage,† the borrower has â€Å"retained all of the incidents of possession including the right to rents, profits, and crops,† and he may do with them as he pleases until the mortgagee takes possession, at which point these incidents pass to the mortgagee. Similarly, the Arkansas Attorney General opined that the 1980 Nelson court took a â€Å"common sense approach† holding that the mortgagor retains a possessory interest that makes him â€Å"at least the equitable owner. † (Id 14) Neither opinion states that the mortgagor and mortgagee can not agree otherwise. This suggests a conclusion that possession can be devised by the contract language, which can grant immediate possession or possession upon default. In comparing the cases, it may be helpful to note the references to the language of the agreements, and consider that the language of Arkansas mortgages has varied greatly. Whittington states that â€Å"possession follows the legal title, unless controlled by stipulations in the deed, or by the apparent intention of the parties. † (Id. 9) It is an old case that may have succumbed to the presumption that Trapnall dismissed. American Jurisprudence publishes in its form book what it titles the Arkansas-Mortgage and the Arkansas-mortgage-Traditional form. The traditional form is more in the form of a sale agreement stating that mortgagee â€Å"does grant, bargain, sell, and convey to mortgagee, and to its successors and assigns forever† the mortgaged property to have and to hold the same to mortgagee, and to its successors and assigns forever. † It then provides the conditions under which the â€Å"sale† shall become null and void. (16) Notwithstanding the language, mortgagees are likely to intend that possession be in the mortgagor, and mortgagees are likely to want to avoid mortgagee in possession status and the duties that derive from it. It is evident that despite the rules and statues individuals seeking to obtain a mortgage will need to be mindful of what the law is and if they desire that something different needs to occur on any matter, if the issue is addressed in the contract agreements and agreed to by both parties, the courts will upon the original intent of the parties entering the contract. Treatment of Rents in Mortgage transfer In understanding actual practice regarding ownership interests one must also review and discuss how rent is treated in the State of Arkansas. Arkansas law holds that rent is separate real estate that can be mortgaged and alienated separate and apart from the fee. That rent is realty is derived from common law and supported by Arkansas’ adoption of the Uniform Commercial Code which states that mortgages in rents are interests in realty and are therefore not covered by the Arkansas U. C. C. In First Federal Savings of Arkansas V. City Nat’l Bank, 87 B. R. at 566, Ark. Code Ann. 4-9-101, which confirmed Ganor v. Blewett, the Arkansas Supreme Court in 1926 held that rents and profits are not pledged by a mortgage on land. (17) Not only does Arkansas stray from a pure title theory as to rents but a mortgagee must take some further action to claim even a security interest in rents. First Federal relied on American Jurisprudence to conclude that the law allows rents to be assigned absolutely or by mortgage. (Id 17) In Deming Investment Company 278 S. W. at 635, the case outlined the following three mortgage scenarios and, based on the mortgage language, their effects on the rights to rents. 1. Standard Mortgage. A mortgage without a rent assignment does not pledge rents or convey ownership. The case calls this the garden variety mortgage. First Federal states that the mortgagor can do with the rent as he pleases. 2. Mortgage with Rent Assignment Clause. The assignment clause may be contained in the mortgage or in a separate assignment agreement. 3. Absolute Assignment. In First Federal, language stating â€Å"assignment is absolute and not an assigned security only† was effective as a conveyance even thoush the mortgagor was granted the right to collect the rent. (Id 11) To secure a pledge of rents as security or an absolute assignment, mortgagees operating in Arkansas should write an assignment clause; notwithstanding the clause, equity may create a claim on rents. First Federal observed that while a mortgage of the fee does not mortgage the rents, it does â€Å"give rise in equity† to a right to have rents applied to satisfy the mortgage debt in the event of a deficiency. No assignment clause existed in Deming, so the court held that rents and profits belonged to the mortgagor or a third party claiming under him as long as the mortgagee was allowed to remain in possession. (Id. 11) At the point that the court appointed a receiver and that receiver was qualified by oath and bond, rents were sequestered so that they could be applied to the mortgage. Id 11) These holdings suggest that a mortgagee may claim the rent to satisfy the mortgage whether or not there is an assignment clause, but that the mortgagee’s claim is incident to possession and not legal title. Application of the rents taken by the mortgagee may be limited to reducing the debt. First Federal enunciated that the â€Å"right to have the rents applied to satisfy the mo rtgage† arises in equity even without an assignment clause even though the assignment was absolute. ((Id. 7) The Arkansas Supreme Court in Deming, held that rents remain with the mortgagor until the court appoints a receiver to collect the rents or take possession of the property so that the rents can be applied to the payment of a deficiency that may exist after selling the mortgaged premises. ((Id. 11) Therefore, even after a mortgage sale, rents would be applied to the debt. In the case of Fulk v. Gay, an Arkansas Supreme Court Case 24 years after Deming, states that a mortgagee or trustee in possession owes the mortgagor the duty of accounting for rents. (18) A review of redemption issues indicates mortgagors can not impair the mortgagee’s interest, but mortgagors are protected by equity of redemption. In Deming the court states that â€Å"Nothing can be done by the mortgagor subsequent to the execution of a valid mortgage which can impair the rights of a mortgagee. ( Id. 11) Therefore, when the mortgagor sold his rent note (note for the payment of rent) to a third party, and the mortgagee later foreclosed, the court cut off the transferee’s right to the proceeds of the rent note in favor of the mortgagee effective upon the date that a receiver was qualified.