Literature Review on Contractual Issues Arising Claims

literary productions piece of assvass on wringual Issues Arising ClaimsAvoiding social structure claims and conflicts requires at a lower placestanding(a) of the bowdlerizeual injure, wee no adversarial communication, and at a lower placestanding of ca engages of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify both(prenominal) of the critical element in counterfeitulation adjure, and investigates the ca c on the solelys of claims, categories of concede backment of claims and withdraw articles quoted in claims by studying high- fig up flat construct and institutional buildings. Construction nonplus de abjurearyines the innovation for the birth amid the dispelies snarled in it. A snub is a cry or organization that the virtue pass on en metier. Construction cause atomic number 18 actu alto stick aroundhery lots long, complex put down, consequently, dis pact or disputes roll in the hay countermand regarding fuck offual p ledges or expectations, when unriv altogether tolded bumpy feels that the come downual obligations or expectations f in either(a) in non been meet and they fell that they deserve m acetary and/or prison term compensation they may submit a claim. A claim is be as an assertation to the rightfield to remedy, fireman or holding (Canadian rightfulness Directory) before long wind attention in UAE has number of disputes arrives because of disputed in judicial record and poor coordination in exerciseary and bad-tempered specification of mash. UAE is profuse maturement country in scathe of twist and lots of contestation for acquiring the visit because of that affirmers atomic number 18 bidding less and claiming more than(prenominal) amounts. A lymph node tries to reduce the all over all price of barf and asseverators tries to get more profit and dissolvent is disputes arise. E actually claim submitted by the scale downor puts presser on knob and consequently it affect increasing place price. That is wherefore building claim be considered as the virtually unpleas ant stillt in device intentness. Claims mess be reduced by puritanical system of rules of scope of exertion in shrivel enumeration. bid is the schedule which explains all rolls and liabilities of the come aparties seed in it. For the inclination of study for analyzing bowdlerizeual issues literary productions retrospect is divided in both split. First part allow for converse on edit out rightfulness in oecumenical and special(prenominal) damage used in constitution of causeula withdraw. Second chapter will talk of on Claims nether FIDIC specialise and previous research in claims.1 Introduction to scram jurisprudence 1.1 Legal systemsA levelheaded system, is a system for identifying factual situations where the rural argona will impose sanctions on a several(prenominal)dead body ( flagitious rectitude), where virtuoso perso n shadow search restoration from both(prenominal) oppo localizewisewise person ( gracious impartiality of naturefulness), and where a person drop challenge decisions of the take down and ordinary bodies, much(prenominal)(prenominal) as local authorities (administrative law)1. For mannikin If some oneness takes topographic point belonging to a nonher with the blueprint of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the verbalise can strain an tell for imprisonment, a fine or both. The identical transmit is categorized by the civil law as a civil wrong ( cognise as conversion) for which the person whose property is taken can seek an frame requiring the person taking the property to return it, to pay compensation ( re doing), or both. If the property is taken by the state or a semi universe body in wrongful exercise of a statutory or some some differentwise power, the decision to do so can be challenged in administrative law by pursuit a declaration that it is invalid and should be reconsidered.1.2 Criminal, civil and administrative lawThe criminal law is tiply touch with the imposition of fines and imprisonment sought by the state against persons. The civil law is re new-fashioned with awarding compensation and do ranks in choose of one person against a nonher. Administrative law is planetaryly concentrate on with do localises concerning the administrative break downs of the state and public bodies.1.3 Obtaining disciplineThe usual kernel of obtaining remedy is in a court of law. The criminal courts, in the first place the Magist clubs Courts and the Crown Court, argon concerned with pull down up in respect of criminal matters .The civil courts, primarily the County Courts and the full(prenominal) Court, be concerned with redress regarding civil claims. In m whatever countries, a separate court is established to deal with claims concer ning the administrative actions of the state and public bodies, scarce this is non the deterrent example in e precisewhere, where administrative law matters ar dealt with by the High Court. The courts be non the exclusively means of obtaining redress in m any an(prenominal) civil matters.1.4 The civil law of obligations individually of the principal divisions of law criminal law, civil law and administrative law brooks many subdivisions. The subdivision that is germane(predicate) to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations.1.5 Obligations in fight and tortThe law of obligations has, in turn, dickens parts the law of ignore and the law of torts. In the law of engage, a persons obligations argon primarily founded on system and atomic number 18, in general, owed only to the other company to the reconcilement, non to persons generally. Because obligations owed in subscribe argon f ounded on agreement, they can be as prescriptive and detailed as the parties regard and their agreement requires. For example, agreed obligations can concern the development of an office cloture in amity with detailed requirements, or the structuring of a long- love blood line relationship, much(prenominal) as a partnership. It would be impossible to regu deeplyr(a) much(prenominal)(prenominal) relationships exploitation only the law of torts, since obligations in tort argon withal generalized. In the law of torts, a persons obligations atomic number 18 primarily dictated by general principles of law and atomic number 18, unremarkably, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are grant a bun in the ovened in the form of general exemplars of conduct. For example the obligation to exercise reasonable skill and care so as non to cause injury or damage to others forms the floor of the tort of negligence th e obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. twain parts of the law of obligations are significant for the body structure constancy. Work on a building pop out, such(prenominal)(prenominal)(prenominal) as the provision of advisor function, construction or materials, will normally be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. just the figure caterd may, if defective, cause damage not only to the person with whom those obligations are agreed simply to others, such as adjacent land proprietors, users and subsequent proprietors of the jump. While the person or persons with whom the contract is rag will, ordinarily, be able to seek redress in the law of contract, those who are not parties to that contract will befuddle to seek redress in the law of torts.The law of contract is of fundament al importance for the construction pains because the contract is the principal vehicle for those consummationing on a excogitate to be engaged, their obligations are regu slowd and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong.1.6 Rights and obligationsThe law is practi assurey discussed in name of obligations, there is, in general, for all(prenominal) obligation a a deal right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the linear perspective of a landowner, as a right to enjoy and use their land supererogatory from such mindless interference. An obligation to put to death the foothold of an agreement can be viewed from the other partys perspective as a right to fall in those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract.1.7 formation a contractthither are se veral(a) definitions that attempt to capsulise the ingrained nature of a contract. The definition that is close to readily graspable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce.Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they watch, however in becharm, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if price cannot be agreed, either party to the negotiations can walk away, however awkward or approachly, in wrong of wasted epoch and money, this is for the other party. It may be possible to break off negotiations and walk away even if persist has commenced in anticipation of a proposed contract.Once a contract is concluded, it binds the parties in law. If a party to a contract fails to come after with its obligations under the contract, the other can seek redress for that chastening. This can be done, as appropriate, by enforcing a right to stipend (a claim in debt), by seeking fiscal compensation for waiveres suffered as a result of the nonstarter (a claim in restitution for shift of contract) or, in trusted flock where financial compensation does not will becoming redress, by an order that the defaulting party perform its obligations (a claim for specific mathematical process) or suss out playacting in br severally of its obligations (an injunction). For example, if a consultant fails to perform work he or she has contracted to provide, the client can seek restoration establish on the addi tional cost of obtaining substitute performance from other consultant. If an employer fails to pay for work provided by a declarer, the asseverator can date back that payment as a debt. If a person contracts to sell land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it.1.8 Categories of contractThe categories of contract is most relevant to the construction exertion include the catching.Contracts do by action and candid contracts (the rest). Contracts entered into by deed do not require consideration artless contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed as sanitary as attract a longer limitation spot (the fulfilment during which proceedings for redress must ordinarily commence) than simple contracts. The finish is 12 classs from breach for contracts made by deed, 6 historic period from breach for simple con tracts.Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). such contracts are governed by the Law of Property Acts and related rule and by that branch of the law known as the law of rattling property. approximately of such contracts are beat to the code for payment and dispute termination provided for in that Act.Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). such agreements are subject to the detailed code point out in the Arbitration Act 1996.Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is promise for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). such contracts are subject to mingled statutory sustains that may invalidate certain types o f unfair or unreasonable footing imposed to the determent of the consumer.1.9 The importance of contracts in the construction exertionContract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. stipulation the importance of contract law in structuring commercial relations, it is move that those procuring and providing work in the construction fabrication often deal inadequately with the formation of their contracts. This leads not only to uncertainties intimately what was agreed and when, but also to disputes close whether a binding agreement was concluded at all and whether legitimately enforceable obligations are created to provide work or to pay for it. such(prenominal) disputes can arise during the work as well as afterwards it is finish.1.10 Contractual foothold used in formation of contractThe obligations that the parties have when they conclude a contract are contained in its equipment casualty. The name may be express or implied or, more usually, a junto of both.1.10.1 get hurtExpress call are those that the parties expressly state when making their contract. Express wrong may be written or oral. verbal impairment may be evidenced in write.* indite terms set out in documents forming the contract for example, where a client and detergent builder execute a copy of a standard form building contract, such as a copy of the FIDIC ascertain of contract backing out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a earn of offer, received by the purchaser orally or by conduct.* scripted terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract* oral exam terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a timber of what was agreed. But failure to do this will not affect the severeness of such terms, unless the contract is of a type whose terms must be made or evidenced in writing.1.10.2 Implied termsImplied terms are those that are included in a contract even if the parties do not expressly refer to them at the duration the contract is concluded.* Contract terms are implied by law or by decree if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not hostile to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the cut of Goods and Services Acts and law into contracts for work and materials or for services.* Terms implied to ring the parties presumed intention if, havi ng regard to the words used in the contract and the component part at the succession it was concluded, they are necessary to give business readiness to the contract or are so obviously a part of the contract that both parties would, if asked at the date, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is unsuitable with the express words of the contract.* Terms may be implied by practise where the custom is a certain and general incident of a particular mass or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract.* Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make some other contract of similar type without expressly referring to those terms.1.10.3 Exe mption articlesAn unblockion article is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or financial obligation under the contract (an expulsion article), or seeks to restrict or limit its liability in some way (a limitation article).An franchise article can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement outstandingly onerous.Exemption clauses are ordinarily found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such expression is to invite out the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is circumscribed to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses cut or limit what would otherwise be a partys obligations or liabilities under a contract, they must be distinctly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts.1.11 roughly Commonly Used Types of contract in UAE construction industryThere are various types of originators of contracts used all over the world. to the highest degree grossly used conditions of contracts in the past are FIDIC in inwardness einsteinium JCT NEC in United land. In United Kingdom in the main JCT NEC conditions of contract is in practice in various forms. The co nditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the asseverator and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are historic prior to the agreement of a contract amongst the parties.1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractile organ cost or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what fortune. In cost plus contract this clause is very useful to client to restrict the overall project cost1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and fourth dimension of performance, means, and methods. wanting(p) a change clause, a n owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the declarer refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the asserter to in return agree on the change (a bilateral change). On the other mitt if there has been any disagreement in specification or outline this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or proscribe random variable in construction industry.1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the asseverator in performance of the work. This clause assigns specific chances to the contractile organ, including customarily the adventure of adequate labor and equipment to accomplish the work wi thin the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very factful in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get reprieve and guaranty for the works which has to be executed.1.12.4 Delays This is, ordinarily, a adventure al stead clause with respect to corresponds in the work. forgivable hold water under a contract results in time extensions but no time related damages. That is, a contractors performance time is extend because of slight contain situation, but the contract is not authorise to gain vigor time extension costs nor is the owner entitled to impose late pass shutdown damages for this time. Compensable delay, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the scattered time or pay the contractually stipulate late shutdown damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor.1.12.5 Differing locate Conditions or Changed Conditions This clause usually provides an equitable adjustment to the contract in the aftermath the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non come off rain for few month. Differing site conditions are unforcing compositors cases no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims1.12.6 repugn block This clause customarily sets onward the mechanism to disband disputes during the performance of the work. about dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project tell apartrs, followed by an appeal to project executives, followed by 3 geezerhood of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own material to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry.1.12.7 Force Majeure whatever contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and t he contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain redness or expense due to unforeseen event.1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled.1.12.9 Indemnification To renovate another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An reparation clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor erro rs, omissions, accidents, third party property damages in construction industry.1.12.10 Insurance This clause requiring the owners and contractors to leave septuple redress policies prior to commencing work, among which are the following builders risk/all risk workmans compensation automobile, aircraft, and/or marine liability general liability visible injury broad form property damage stainless trading operations personal injury etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document.1.12.11 Late Completion insurance This clause specifies the damages for late closedown. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is correct late and may include loss of revenue, increased engineering, architectural or supervision services, increased financial backing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically verbalized in terms of a daily cost and adopt not be proven as actually incurred if the project is completed late.1.12.12 terminal point of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a character of the measure of the contract. However this clause is very important UAE construction industry. UAE is nimble suppuration country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction.1.12.13 Order of Precedence This clause think to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specificat ions have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to stack on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the to a higher place mentioned order is used to settle the disputes in construction1.12.14 Owner Responsibilities akin to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take a ny action during the execution of works1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project.1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid amount estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to signal a prede decease of the as-bid unit price on alter portions of the work.1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor plan , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time ext ension analysis requirement, actions to be taken in the events of forecasted late schedule, etc.1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in respect with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner1.12.19 departure Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination termination for toilet facility and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to finish the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a incidentally manner. unremarkably the owner will terminate the contractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or gage bond). Some contracts also provide a contractor the rig ht to terminate their lodge in a project. Under certain carefully nix circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined extent of time, etc.) the contractor is allowed to terminate their own intimacy in the project.1.12.20 Time of the Essence/Time of Performance-Timely project completion is normally important, most contracts contain a clause stating that Time is of the force of this contract. Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets scintillate when the work must be completed and the consequences of failure to meet these dates.1.12.21 warrant A warranty clause, which ordinarily continues in existence for some qualify pe riod of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is get to return to the project and make it right or agree to some commercial settlement of the issue.1.13 Strengths and Weaknesses of contract in construction industry dissimilar advantages and disadvantages in the usage of contracts. The contracts are imposing a wear control over the contractors and unendingly state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not running(a) always successfully.1.13.1 Strengths* Firmly laid down rules and rulesRules and regulations are made up to follow the training in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project.* Pre agreed procedural commitmentsContract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the projLiterature Review on Contractual Issues Arising ClaimsLiterature Review on Contractual Issues Arising ClaimsAvoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying storied apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contr act is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory)Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submit ted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discuss on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims.1 Introduction to contract law 1.1 Legal systemsA legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and publi c bodies, such as local authorities (administrative law)1. For example If soulfulness takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered.1.2 Criminal, civil and administrative lawThe criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned wit h awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies.1.3 Obtaining redressThe usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters.1.4 The civil law of obligationsEach of the principal divisions of law criminal law, civil law and administrative law contain s numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations.1.5 Obligations in contract and tortThe law of obligations has, in turn, two parts the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form of general standards of conduct. For example the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations ar e agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, those who are not parties to that contract will have to seek redress in the law of torts.The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong.1.6 Rights and obligationsThe law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligati on to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract.1.7 Defining a contractThere are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce.Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them . The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract.Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a clai m for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to sell land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it.1.8 Categories of contractThe categories of contract is most relevant to the construction industry include the following.Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the peri od during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts.Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act.Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996.Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer.1.9 The importance of contracts in the construction industryContract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. S uch disputes can arise during the work as well as after it is completed.1.10 Contractual terms used in formation of contractThe obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both.1.10.1 Express termsExpress terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing.* Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct.* Written terms contained in documents referred to (incorporated by reference) in the exchange of comm unications forming the contract* Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing.1.10.2 Implied termsImplied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded.* Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services.* Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract.* Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract.* Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of s imilar type without expressly referring to those terms.1.10.3 Exemption clausesAn exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous.Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts.1.11 Most Commonly Used Types of contract in UAE construction industryThere are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties.1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry.1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform w ork in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed.1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. Excusable delay under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. Compensable delay, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of t he contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor.1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry.1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse wea ther, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event.1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled.1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry.1.12.10 Insurance This clause requiring the owners and contractors to furnish multi ple insurance policies prior to commencing work, among which are the following builders risk/all risk workmans compensation automobile, aircraft, and/or marine liability general liability bodily injury broad form property damage completed operations personal injury etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document.1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely t o the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late.1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction.1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the condi tions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project.1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work.1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc.1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might aris e if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the contractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of ti me, etc.) the contractor is allowed to terminate their own involvement in the project.1.12.20 Time of the Essence/Time of Performance-Timely project completion is normally important, most contracts contain a clause stating that Time is of the essence of this contract. Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates.1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which t ime, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue.1.13 Strengths and Weaknesses of contract in construction industryVarious advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully.1.13.1 Strengths* Firmly laid down rules and regulationsRules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project.* Pre agreed procedural commitmentsContract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj

Poaching Elephants for Ivory

Poaching Elephants for IvoryPoaching of elephants has been toast from the past 1000 years. However it enlarged con inclinerably in the seventies and consequently the elephant tribe of the world registered a sharp decline with statistics video display that the offspring of elephants in Africa declined from 1.3 million in 1980 to just 400,000 in 1990 (Ivory manoeuver threatens future of Afri end Elephants). Sudan and the Central African Republic have in like manner registered a decrease in their elephant people. The crucial factor which results in the track down of elephants is tusk disdain. Therefore to save the dwindling elephant nation of the world, cutting the lease for ivory in the world became necessary.The first attempt against ivory employment was made in 1975 with the advent of Convention on International patronage in Endangered Species of Wild Fauna and Flora (CITES), which enthr bingled elephants down the stairs the list accessory II species (White gold T he ivory dish out forbiddance). These atomic number 18 the species that, though non jeopardise by defunctness, argon at gamble of existence endangered. This did non proscription ivory trading and was just a means of regulating it. However it failed to achieve its purpose as the cleansing of elephants not still continued but increased as the necessity for ivory in the international market increased. then in 1989 CITES was squeeze to revise its position in context with elephants. As of 1990 the elephants were removed from cecal appendage II and quite placed under Appendix I (a species threatened by extinction) by which the killing of elephants was illegalized and a full toss was obligate on ivory trading (White gold The ivory championship ban). after(prenominal)ward the ban was put under practice ivory trade was to the highest degree eliminated because publicity surrounding the issue turned public sentiment so far against the ivory trade that it nearly eliminated the demand for ivory general most track down give wayped abruptly in chemical reaction. After the cunning of the ban the number of poached elephants in Kenya was minify to 500 in 1993 from a huge 3500 in the 1980s (White gold The ivory trade ban). in addition because the demand for ivory had decreased, the price of ivory per pound as well as decreased from $125 to $5 (White gold The ivory trade ban). This simplification in price made the poachers fall behind incentive and poaching of elephants diminished. separate act, The Botswana Conservation and Management of Elephants subprogram of 1991 (The Conservation and Management of Elephants in Botswana) likewise helps protect the elephant population. By the application of strict rules by the government of Botswana, which includes the tantrum up of anti-poaching units, poaching is prevented on a large scale indoors the country. As a result the elephant population of Botswana is not only steadfast but is experiencing an increase.There ar many points in favor of the ban being continued. These production lines be based on the profitability of live elephants to the countries they are in and on animate being rights. Elephants provide a lot of benefits some(prenominal) to the countrys economy in which they reside and also to the natural habitat of other wild life. Some countries like Zimbabwe and Kenya thrive on the tourism brought approximately by the presence of elephants in their lands. Zimbabwe has earned a net positive of $424 million and Kenya has earned a net of $100 million on account of the attraction their elephant population created for the tourists (White gold The ivory trade ban). Thus, as ivory trade involves the hunting and killing of the elephant population of these countries, it has a ruinous effect on the tourism industries without which these already poor countries depart lose significant amounts of money and a major contributor to their gross municipal product (GDP). The u nionizeer chief executive of the Zimbabwe Council for Tourism, Paul Matamasia, stated in regards with poaching Without wildlife, we do not have a tourism attention to talk of (Zimbabwes Wildlife Threatened by Poachers). Another benefit of elephants is that they help veer woodlands into grasslands, an action which helps provide habitats for the varied wildlife. Thus if the elephant population is reduced delinquent to ivory trade it indirectly has an adverse effect on the habitats of other animals. This was exemplified in the 1970s in the Tsavo subject field Park in Kenya when a decrease in elephant population led to a decrease in the population of other animals such as zebras (Why Ivory Trade should be banned).The other master(prenominal) argument presented in favor of the ban is that of animal rights. The indiscriminate slaughter of the elephants is necessary in order to acquire ivory as it cannot be obtained spell the elephant is alive. After it has been killed the process of extracting ivory involves the poacher to cut into the head of the elephant because roughly 25% of the ivory is contained in the head. This atrocious killing of elephants just to take their tusks is a violation of animal rights and of the rightfulness as elephants are considered to be an endangered species and according to The Endangered Species Act (ESA) of 1973 ESA prohibits ein truthone, private person and federal agency alike, from taking endangered wildlife. The regulations brood this to threatened animals. Take includes harming a listed species. Harm in the definition of take in the Act means an act which actually kills or injures wildlife. such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impacting essential behavioral patterns, including breeding, feeding, or sheltering (The Endangered Species Act).However some argue that the ban is unconventional and should not be imposed. There is a debat e regarding the endangerment of the elephants with one side admiting that they are not endangered at all. This side argues that rather than being in danger of extinction, the elephant are experiencing a rise in their population. The advocates of this stand cite the examples of Kruger National Park and Botswana. In Kruger National Park the population of elephants increased from 7000 in 1994 to 12000 in 2005. Also in Botswana the elephant population is not only increasing but the authorities registered a threat of overpopulation. The number of elephants increased from 54700 to 60935 (White gold The ivory trade ban). The ban imposed on ivory trade by CITES requires the elephant population to be be natural depression 2000 to qualify. Thus these advocates claim that the ban has been wrongly imposed and should be elevate as the population exceeds that stated by law (White gold The ivory trade ban)..It must be noted however that this increase in population of the elephants only register ed after the ban had been imposed in the first place and can be directly attributed to it because after it was imposed the poaching incidents were reduced to negligible amounts. As far as the hassle of overpopulation is concerned it can be justified to still put the elephants under Appendix I of CITES in order to protect the population from falling to such low level that it depart be gain too late to save elephants from extinction as the old clich goes prevention is better than cure.The primary party argue the ban is the Southern African Development Community (SADC) which includes 12 countries including Botswana, Tanzania and Namibia. The yard SADCs opposition of the ban is the loss of revenue it had from ivory sales. It argues that due to the ban these countries cant even trade in authoritative ivory which is obtained after the elephant dies a natural death. These countries also claim that the population of elephants in their territories is a lot greater than the level at whi ch a species is considered endangered. In fact these countries claim that they lack the area and resources to cater for the growing population of the elephants (White gold The ivory trade ban). This, they claim, poses a threat to their human population as elephants come in conflict with the villagers and are responsible for destroying many crops.Another argument they present is that allocating areas especially for elephants is indirectly very costly as they command that area to grow crops and as agriculture serves as a main form of livelihood it is very difficult. Jon Hutton summates the problem by saying Crops set up survival. Elephants dont (White gold The ivory trade ban). SADC further says that the ban should be upraised so that these countries can sell up to a collective substitute of $8 million dollars (White gold The ivory trade ban) that is collected from elephants that died a natural death. These countries claim that the revenue generated from these trades will be used to uphold the elephant population by building better places for them to live in.In response to the argument that legal ivory and stockpiles should be allowed to be traded and that elephants should rather be placed under Appendix II by CITES, it can be inferred from a similar situation that this is not a good dissolver. In the past, in response to the appeal by Botswana, CITES placed elephants under Appendix II rather than Appendix I in 1997 which allowed a one off trade of ivory with Japan. However this gave way to increased poaching activity in the area as the demand for ivory tusks was restored which acted as a stimulant for the poachers which led to a considerable decrease in elephant population. A complete ban was soon placed afterwards to stop the poaching as illegal advantage had been taken of a piano decision. This just helps reinforce the idea that a ban is the only solution to protect the elephant population and if lifted gives rise to illegal trade in ivory which is dif ficult to tell apart from legitimate trade because while DNA testing has been introduced it is very costly and it will be very difficult to test each batch of ivory.If we consider the argument of the ending of existing crops and too little space for practicing agriculture we can correspond that lifting the ban is not the only solution and neither is the killing of elephants a good option as it might aggravate the situation rather than making it better. Much better and effective answers exist in the form of relocation of elephants. The relocation of elephants from overpopulated areas to areas where they exist in very few verse is a very feasible solution as it answers both the problem of overpopulation in some countries and dearth of elephants in others and will help adjoin equilibrium between the devil. This idea was used in 2001 when some elephants were transferred from Kruger National Park in South Africa to Mozambique. Will Travers, a member of the natural Free Foundation, said Translocation as a management option, rather than culling, is button to be increasingly used (Worlds Biggest Elephant Relocation Begins)The argument that the revenue generated will be used to help the elephant population is impractical on two bases. Firstly for most of the countries the amount earned from legal ivory trade is often lower than the amount earned by tourism. Thus harming the elephant population for lesser revenues is not a good option. Secondly most of these countries are developing countries and the amount required to increase the living standards of the elephant population will be too high and cannot be fulfilled alone by revenues generated from trade of ivory tusks which is detrimental to the elephant population in the first place.By carefully considering the arguments presented by both the advocates in favor of the ban and those who are opposed to it and by considering the statistical evidence presented in this essay, it can be firmly concluded that the ban on ivory should remain and is the only barrier standing between live elephants and the extinction of a species. all other scenario, whether it was a nonexistent ban or a sonant one, has proved damaging to the population of elephants in the world. When a ban had not yet been imposed the numbers of elephants was dwindling at a badgering rate while when a little leverage was allowed to some countries for legitimate trade the consequent rise in demand of ivory and the increase in poaching pushed the elephants one step closer to being wiped of the globe. Also the killing of elephants for ivory is a very atrocious crime as the life of a living being is much more all-important(a) than the benefits it can provide in death and the conservation of a species is much more essential than monetary benefits. Thus a full ban is the only answer and the protagonists of the group who think that the ban should be lifted should reconsider their arguments.

AIS and MIS Comparison

AIS and MIS ComparisonBriefly controvert the difference amid AIS and MIS. MIS and AIS be all com tack togetherer-based discipline constitutions that are very sufficeful for all organizations to keep records correctly and gull the right decision for the operations. They are cardinal disparate main system is an organization.The major(ip) difference is AIS and MIS put up various breeding to the organization by different exertions. AIS subsystems processing by pecuniary transactions which are monetary transactions affect assets and equity, shown on the accounts. Whilst it in like manner process non monetary transactions that right away affect the processing of monetary transactions. (p.7) According to the figure 1-2, those transactions and cycles under AIS are all approximately economic event convert to financial transactions and expressed as numbers or figures in the accounts. Such as sold inventories, this try will incur the revenue and equity figures changed on acco unts. These kinds of changes will too affect the GL and MRS to render instruction timely changed. In another blow over if the client account detail changed which is nonfinancial transaction processed by AIS,The MIS processes nonfinancial transactions that are not normally processed by traditional AIS. (p.7)the organization normally has m all parts such as fruit planning, inventory wareho utilise planning, market research, and so on. MIS is to help those different areas rifle normally and run instruction for further decision making.Another historic difference is AIS and MIS provide info to different parties. AIS are not completely providing the entropy for indispensable users but likewise for the external users such as suppliers, customers and auditors and so on. Especially for the auditors, AIS is help to provide correctly and legally information. MIS is in the first place providing information to inhering users such as the wariness team of the organization.In co nclusion, AIS and MIS provide different information by different transactions to different parties. But there are also connections between AIS and MIS. AIS also provide the financial information to the MIS. Some movement in MIS is also change AIS. AIS and MIS are all strategic system to any organization.Briefly dispute the characteristics of information in the context of score information system. tuition is piece of tail be defined as processed data and scum bag help user to take further actions or switch further decisions. (p.10). The characteristics of information in AIS include relevance, timeliness, accuracy, completeness, and summarization. (p.12)Relevance means relevant information for a specific purpose of the task or help annihilater to do further decision. For example, the main purpose of an invoice is let customer expect the right add together and know what they bought. Therefore the invoice shows the amount that customer should pay, and also shows the product name, code which customer bought.Timeliness means provide timely information. For instance, if a statement shows pay it within 15 old age will get a 2% discount, if they receive this statement and information within 15 days, that will be useful, otherwise will stomach the value of this information.Accuracy means avoid to provide information with major errors. For example, if a residuum sheet shows the total asset is $100000, but the echt amount should be $90000, this error may cause the user make poor decisions. It could be cause by a data errors or process error. Sometimes, we founder to give up the absolutely accurate to provide timely information, therefore system designer need make balance between accuracy and timeliness.Completeness means should include all the essential information for decision making or daily tasks. For example, an income statement should include the weighing of the profit or loss, and must(prenominal) be clearly showing the figures. summarisation means the information should summarized as the user needs. As the higher management, the more summarized information is needed.Others, the separatist of the information which means the account activities must be separated and independent from physical resources management and preservation.In conclusion, relevance, timeliness, accuracy, completeness, and summarization are very chief(prenominal) to obtain real information to the user. Reliability can determine the value of the information. (p.16) If follow those characteristic, information will be reliable and provides maximum value to the user.When developing, or selecting an accounting system, identify who should be manifold and the contribution that they bring to the process.Organizations usually get the accounting system through cardinal ways, self-developing and purchase or rent commercial software. To develop or selecting an accounting system, we need someone who understand accounting knowledge which is accountant, and someo ne who understand the database and network which is IT originals. accountant and IT professionals are all plays very important roles. But they have different contributions bring to the process.Accountant as a domain expert is a very vital role. They provide professional accounting concept and frame to the system. Such as set accounting process rules, reporting requirements, and build the intrinsic control goals. (p.20) For example, different customers have different payment terms, sales department or credit department for some business need the delinquent accounts information from the AR department. This information will help the sales or credit department make a further decision to hold the sales of the customer or not. Accountant need set the standard to identify delinquent customer account in this case. They may set a credit amount for every customer and the system might show a gist once over the amount or hold the accounts until they pay off. Accountant need determine the na ture of the required information, its source, destination and the need of accounting rules.(p.20)Accountant as a system auditor is also an important role for developing or selecting the accounting system. Some public accounting firm can give advisory service of information system design and implementation, and internal control assessments for compliance with SOX. (p.21) although the accounting firm could use their auditor concepts for the advisory service, they could not be the real auditor to the company, it is no value to the organization and it is illegal under SOX legislation.IT professionals are responsible for the giving medication of actual physical system. The physical system includes the database and programming for calculate and stick information. IT professionals need consider to build the accounting system work efficiently. They also play an important role for the test and maintenance of the accounting system. once the system is selected or development is completed, they will need doing test and if any errors they need fixed the errors. System requires constant maintenance and repair to ensure the accuracy of information.Accountant and IT professionals need work together when developing or selecting an accounting system. They are all essential.Define fraud and identify and discuss three different examples to illustrate how it may arise in the workplace. In each case illustrate a strategy that may be used to mitigate its impact or occurrence.Briefly explain the COSO internal control good example.The COSO internal control fabric is issued by Committee of Sponsoring Organizations of the Treadway Commission. (p.116)It is recommended by SEC1, also is the general framework of internal control evaluation standard. The COSO framework defines internal control is affected by corporate board of directors, management and other personnel, in order to fulfil operational effectiveness and efficiency, financial report reliability, the compliance of the rele vant regulations and other objectives to provide a commonsense guarantee process.We can explain it from 5 different aspects, the control environment, attempt assessment, information and communication, monitoring, and control activities. (p.116)Control environment is the fundamental key of the organization, it directly affect the control consciousness of the staffs. It include the integrity of the staff, professional ethics and organization structure management of the business philosophy and management ardour board of directors or the audit committee of the supervision and guidance the parcelling of authority and responsibility the methods of performance evaluation and human resources policy. p.116It can be said that people and their activities are the core of enterprise, is the important factor of internal control environment, it interacts with environment.Risk assessment is to identify and analyze the relevant risks to achieve the established goals it is the basis of risk mana gement. Each enterprise is faced with a lot of internal and external risks, affecting the realization of business goals, such as the changes of the operating environment, new staffs, the use of new system or new technology, new product introduction, entre into a foreign market or practice of new accounting rules and so on. It is necessary to identify, analyze and manage those risks that affect the achievement of the target and manage them in timely manner. (p.118)Information and communication means that the information needed for business management must be identified, obtained and delivered in a certain form in a timely manner so that the employee can perform their duties. The accounting information includes not only internally generated information, but also external information related to business decision making and external reporting. It is important for an accounting information system whether the information is processed timely and accurately. The auditor needs to understand the transactions, accounting record, transaction processing steps, financial reporting process. (p. 118) observe is the process of assessing the effectiveness of the internal control system, through continuous monitoring, independent assessment or a combination of the two to achieve the internal control system supervision.Internal control activities refer to policies and procedures that facilitate the unflustered implementation of management decision-making. It includes information technology (IT) controls and physical controls. IT controls is rated to computer environment, it has two aspects, general control such as the control of database and network bail and so on, and application control such as the control of accounts payable, and payroll department applications and so on. Another aspect is physical control, which are human activities.It includes transaction authorization, segregation of duties, supervision, accounting records, access control, and independent verification. ( p.119)COSO internal control framework is a relatively complete and systematic theory of internal control, and it put forward a lot of valuable ideas, constantly found the interoperable significance in practice.

Factors Causing Youth Violence Measures To Prevent It Criminology Essay

F fleckors Causing younker Violence Measures To Prevent It Criminology EssayThe Diagnostic and Statistical Manual of rational Dis coiffes (DSM-IV-TR) of the Ameri underside Psychiatric Association (2000) describes the essential feature of a c argon unwellnessiness diagnosis is a persistent pattern of behaviour, which violates the basic rights of otherwises or disregards major societal norms or rules as demonstrated by a tike. Oppositional disobedient put out is characterized by shun, disobedient, or defiant demeanour that exceeds the popular testing port that about children display and whitethorn later continue to a diagnosis of conduct disquietliness in some jejuneness. legion(predicate) of the children diagnosed with conduct rowdyism end up committing criminal offenses because they lack empathy which overwhelms them to the utmost that they act out in the face of hearty stigma or criminal laws. The present review has four purposes (a) to identify the clinical and abstractive framework of dotty cal hap littlenesss, (b) to focus on specific essay factors that extend to young personfulness hysteria, (c) to outline preservative factors that buffer spring chicken force, and (d) to explore duty tour system-ecological cure methods to address early days ferocity. For these purposes several(prenominal) articles and the data collected al imprint be discussed.Youth ViolenceIn recent years attending has been foc utilize on the app bent rise in younker military group. just or so of this attention has been fueled by several in high spirits profile aspects in the media. Events ilk the Columbine shootings and the Virginia Tech massacre provide beloved case examples. Violence as defined legally refers to the use of physical force, specifically physical force with malice that attempts to or harms someone (Webster, 2010). Youth violence refers to violence that has started at the time of life between puerility and maturity. A numbe r of behaviors such(prenominal) as the use of weapons, physical/sexual enchant, bullying, etc., whitethorn be a part of tough behavior in new-made adults as illustrated in the cases de noned above.Studies fork up analyzed the prevalence of mental disorders and or behavioural issues such as schizophrenia, post-traumatic stress disorder, conduct disorder (CD) and as of late bipolar disorder in the development of cutthroat youth (Juvenile Delinquency, 2010). For the purpose of this literary review I will focus on conduct disorder as the precursor to unsociable genius disorder which statistics show has been diagnosed in 80-85% of incarcerated criminals (Long, 2009). Conduct disorder accounts for approximately 50% of incarcerated youth males and females (Fazel et al., 2008).Conduct disorder develops during childhood and manifests itself during adolescence. The DSM-IV-TR Codes 312.xx (where xx varies upon the specific subtype exhibited) delineates that adolescents diagnosed with co nduct disorder disregard social norms and show lack of empathy. Violent youth who waste gone through the criminal justice system on several occasions are apparent to pay back been diagnosed with conduct disorder. This is special(a)ly authorized of those unwarranted youth who time and time again show a disregard for their own and others safety and property (Juvenile Delinquency, 2010).A documented annals of conduct disorder before the age of fifteen represents one of the criteria utilise in diagnosing a one-year-old adult with asocial personality disorder. An unsociable personality disorder diagnosis indicates a great run a peril on the part of a young adult of exhibiting persistent and near criminal behavior. Both conduct disorder and antisocial personality disorder are characterized by unpredictable violent behavior and lack of empathy.Consequently, adolescents who break persistently been involved with the criminal system and relieve oneself been diagnosed with con duct disorder are at a higher risk showing signs of antisocial personality disorder as they develop into adults (Conduct Disorder, 2010). Antisocial personality disorder is a common diagnosis for serial killers who often fantasize about killing several victims and then fulfill their impulsivity when they are no overnight capable of suppressing it.Youth violence develops in different ways. Children/ adolescents who are diagnosed with oppositional defiant disorder and conduct disorder exhibit riddle behavior early(a) in childhood. This problem behavior chiffonier persist and make up as the child develops into a young adult. Studies apprize that aggression in childhood is a good predictor for the same in adolescence and young maturity date (CDC, 2002).The research indicates that there are several risk factors that contribute to youth violence. There are individual factors that are comprised of biological, psychological, and behavioral issues which whitethorn be exhibited in chil dhood or adolescence. A childs family, friends, culture and social context may influence the individual factors. Of particular interest in most studies is the impact that family has and which is greatest in childhood and the peer impact which is of greater influence in adolescence (CDC, 2008).Some of the individual factors observed are broken in IQ (substandard academic performance), attention deficit hyperactivity disorder, drug and/or alcoholic beverage blackguard, tobacco use, early history of problem behavior and or violent victimization. The latter is strongly associated with youth violence. A link between junior-grade IQ and violence is strongest among boys who keep the following traits dysfunctional family, exposure to violence, antisocial beliefs/attitudes, history of treatment for mad issues, strong stressors, vile social cognitive abilities, poor impulse control and lower socioeconomic status (CDC, 2002). maternal behavior and family environment are central factors when it knows to youth violence. Parents who do not monitor and supervise their children and who discipline with rough corporal punishment prevail been shown to be strong predictors of youth violence (CDC, 2008).As indicated, the onset of violent behavior in youth is strongly cogitate to parental difference of opinion in early childhood as intumesce as poor attachment between children and parents. In addition traits such as a king-size number of children in the family, a mother who had her first child at an early age, possibly as a teenager, and a low level of family cohesion have been shown to contribute to youth violence. These factors can have a detrimental effect on a childs social and emotional functioning and behavior barring the lack of social sustentations (CDC, 2002). Consequently, violent youths who have witnessed violence in the seat, and or have been physically or sexually abused may see violent behavior as an satisfactory way to resolving conflict (CDC, 2002).S ocial influences, in particular, peer crush during adolescence may normally be seen as overconfident and important in shaping interpersonal relationships. Nevertheless, these influences may also have a negative effect if the peer pressure stems from aggressive and violent youth. That is, delinquency can cause peer bonding which, inversely causes delinquency (Harding, 2009).In fact, young adults with depression who socialize with youth offenders they are more than than than likely to act out violently towards others. Harding (2009), indicated that the most significant contributing factors to youth violence were depression and having youth offenders as peers in addition to parents psychological abuse of a partner, antisocial personality, negative relationships with adults and family conflict. The composition of a family has also been shown to be a significant factor in the development of violent behavior in youth. Findings from studies conducted in New Zealand, the United Kingdom and the United States suggest that there is a higher risk for violence in youth from single-parent households (CDC, 2002).The risk factors attributed to family include dysfunctional family functioning, lack of child supervision, parental shopping mall abuse or criminal history, parental lack of formal education, harsh and/or authoritarian parenting styles or inconsistent disciplinary practices. In impairment of peer risk factors these are socializing with peers that are in gangs, who are themselves juvenile delinquents, being socially rejected by others, no thing in extracurricular activities a little interest in give instruction or school performance (CDC, 2009).Likewise the social groups in which children and adolescents hot have a significant role in how they relate to their parents, friends and the linguistic context in which they may be exposed to situations that lead to violence. Consequently, males in urban areas will most likely be involved in violent behavior than th ose living in rural areas. Similarly in urban settings children and adolescents who live in neighborhoods with high levels of crime are more likely to be involved in violent behavior than those living in other neighborhoods. In addition, a correlation has been found between children and adolescents who come from a low socio-economic status and youth violence (CDC, 2008). A study survey of young people in the United States indicated that the prevalence of self- inform assault and robbery among youths from low socio-economic classes was about twice than among middle-class youths (CDC, 2002). The effects that youth violence has on a fellowship or community risk factors include neighborhoods that are in social disarray, little community cohesiveness, increase in family disruption, increase in transiency, greater numbers of poor residents and less economic opportunities (CDC, 2009).It is of equal importance to note the influence of culture on youth violence. There are cultures which en dorse violence as an trustworthy air to resolve conflicts. In these cultures the young adopt the norms and values that fight down violence. These cultures lack the ability to provide their youth with non-violent alternatives to resolve conflicts and consequently have been shown to have higher rates of youth violence. A study by Bedoya Marin and Jarramillo Martinez on gangs in Medellin, Colombia, analyzed how low-income youths are influenced by the culture of violence, in society in general and in their particular community. The authors indicated that the community enables a culture of violence through the growing acceptance of easy cash and of whatever means are necessary to obtain it, as well as through corruption in the police, judiciary, military and local political sympathies (CDC, 2002).When considering the possible biological factors which contribute to youth violence, studies have focused on areas such as injuries and complications associated with pregnancy and delivery. The interest in these areas is fueled by the belief that they may contribute to neurological damage and in hand lead to violent behavior. The CDC noted that complications during delivery have been shown to contribute significantly to future violence when a parent had a history of psychiatric illness. It should be noted that complications during delivery when in conjunction with other familial factors is the stronger predictor of youth violence (CDC, 2002).Other studies of interest have indicated that low heart rates-studied in males have a correlation with behaviors such as sensation seeking and risk taking. These behaviors may act as a catalyst to violence in that they provide the necessary stimulation and stimulation levels (CDC, 2002). Deficiencies of executive functions of the brain which are housed in the frontal lobe may be connected to impulsiveness, attention problems, low intelligence and low educational attainment. superfluous deficiencies include the inability to sus tain attention and concentration, abstract reasoning and concept formation, goal formation, anticipation and planning, effective self-monitoring and self-awareness of behavior, and inhibitions regarding inappropriate or impulsive behavior (CDC, 2002).The literature indicates that hyperactivity, impulsiveness, poor behavioral control and attention problems are behavioral/ personality factors that may precede violent acts by youths. Hyperactivity, high levels of robustness or risk taking behavior, poor concentration and attention difficulties in youth younger than thirteen years have been shown to be good predictors of youth violence (CDC, 2008).The CDC also found that among some juvenile offenders, situational factors may act as a catalyst to youth violence. In order to conduct a situational analysis of the events it is necessary to determine the motives for the violent behavior, where the behavior occurred, whether alcohol or weapons were present, all parties involved to include t he victim and aggressor, and if other actions were involved such as a robbery that would lend itself to violence (CDC, 2002).In terms of gender, the literature indicates that most of the perpetrators of youth violence are males. Feminist theorists who have analyzed this phenomenon have indicated that the concept of masculinity may put males more at risk to be violent. Behaviors such as appearing to be tough, powerful, aggressive, daring and competitive are ways in which males express their masculinity. Nevertheless, expressing these behaviors may be conducive to males participation in antisocial and criminal behavior. It should be noted that males may act in this manner due to societal pressure to conform to masculine cultural standards like in Colombia as mentioned earlier. However, one must keep in instinct that males may be biologically more aggressive and greater risk takers than females (Juvenile Delinquency, 2010).This review of the literature shows that youth violence is a g rowing problem that affects and is affected by family, community and society at large. More and more children are not attending school out of fear of what can happen on their way to school or at school. A nationwide survey indicated that about 6% of high school students reported not going to school on one or more days in the 30 days preceding the survey (CDC, 2009). redundant ways in which Youth violence impacts the community at large are disrupts social run, decreases property value, decreases productivity, and it raises the cost of health care (Mercy et al., 2002). wellness care is a topic that is on the nations political forefront. It is impacted by youth violence which contributes to the costs of health care and welfare services. The CDC reports that violent youth are also involved in a weave of crimes and other problems which include truancy, dropping out of school, substance abuse, compulsive lying, foolhardy driving and high rates of sexually transmitted diseases. Accordin g to the CDC more than 780,000 young adults age ten to twenty sustain injuries due to violence and are treated in emergency rooms yearly (CDC, 2009).Factors that have been shown to buffer the risk of youth violence include individual/family protective factors listed as high involvement with parents, high parental academic expectations, well-preserved family communication, good familial and/or adult support, healthy social orientation, high IQ and/or grade point average and no allowance account for antisocial behavior. The consistent presence, during at least one, of parents when their children wake up, arrive home from school, during dinner, at bed time and involvement in their social activities are also seen as protective factors . Peer/social protective factors are noted as involvement in extracurricular activities and an interest and fealty to school (Resnick et al., 2004).Based on the literature review, youth violence is introduce and linked to traits of the youth, youths fa mily, peer group, school environment and community. A socio-ecological model would ask to ease the risk factors (individual/family, peer/social, etc.) by focusing on the youth and youths family strengths and doing so on a highly individualized and comprehensive basis. Of particular interest and focus would be the protective factors outlined earlier. This could be provided via home-based family services in order to assists those violent youth and their families who have limited price of admission to therapeutic services. This would answer the therapist to focus on parental potency in order to change the natural social network of the youth in order to maximize the treatment outcomes.The therapist would focus risk factors in the youths social network that are contributing to their problem behavior. The goals may include but would not be limited to improving social support and network system, getting the youth involved in positive extracurricular activities, minimizing the youths ass ociation with juvenile delinquents, improving family functioning and communication, and improving the parenting skills of caregivers. The techniques used can be drawn from cognitive behavioral, behavioral and family therapies.The therapy sessions could take note at home, school or a community environment (a gentle setting for the youth and the youths family). The treatment plan would be agreed upon with the help of family members and should then be driven by the family and not the therapist. In doing so the therapist would empower the family to promote healthy changes through the mobilization of the child, family and community resources.Given the information provided on youth violence, the therapist should focus specifically on the risk factors in the child/adolescent, and familys social networks that are linked to the violent behavior. Therefore, special attention would be given to improving a youths outlook on academics and academic performance, improving social and familial sup port systems, and decreasing the influence of violent peers by removing the youth from the negative environment.These therapeutic gains would in turn have a positive effect on the youth, the youths family and the community at large. This may begin to address and prevent the health care issues outlined earlier and other subsets of youth violence such as school shootings and cyber bullying to name but two.