Chapter 1 A Short Story - 853 Words

Bren nodded to 6D7 after he and the droid agreed to save thr mysterious young woman. Bren shook his head, knowing fill well he would have to improvise and BS most of the way through this. Soon the droid broke their silence on the way with a few beeps. Bren looks over What? You dont think I have a plan for this? the droid gave a low sigh like noise in response. Hey buddy, Bren would stop to comfort his droid You know Ive got one. The droid would give a scoff Dont worry, we got this, 6D7. Bren would quickly reply with a sly smirk on his face, but if 6D7 had eyes, one would certainly have seen them roll at his masters comment. The pair would soon arrive at a small weapons shop run by a Trandoshen, Bren held up a picture of the†¦show more content†¦He would quickly, casually walk over to the stage where she worked and sat down. A beep from his comlink on his gauntlet interrupted the show only for a moment. What is it, 6D7? Bren spoke into his communicator quietly as he could manage. The droid replied with a few beeps and whistles I dont know, check to see if the hanger is open. Do you still have that spike from the job on Rodia, buddy? Bren asks the droid in his still hushed tone to which the droid replied Then use it and tell me when you find something good, this will be a real short trip if you cant find a good ship. The droid beeped again, questioning his master. Do you not think that I know Jedi arent suppose to steal? Just do it, 6D7. The comlink went silent as the communication ended between the pair. After a drink or two, Tatooine sunsets mostly, Bren would get to talking to the young woman, just as she ended her set on the stage, a large Gammorean moving towards the two to stop him from potentially harming her, to which the woman would wave him aside Im Staod Huton, Im here to rescue you and take you back to your father. Bren would introduce himself to the young dancer. The dancer would cock an eyebrow at him, her gaze falling over Bren to size him up Arent you a little short for that, honey? The dancer would reply dismissively towards him Look, do you want out of here or not because I can just leave you here and let your daddy come findShow MoreRelatedShort Story : A Short Chapter : Chapter 1971 Words   |  4 PagesIse said nothing though she did raise an eyebrow. Naoko coughed nervously and continued, â€Å"It’s just an idea but I’d like to at least try it out to see if it’ll even work and since you’re said to be really god with kidÃ…  I thought you could help me.† Ise’s face still looked unamused though when she spoke there was a hint of interest in her voice, â€Å"How did you come up with that idea?† The teen shrugged, â€Å"I read about a weapon Quincies have used called Seele Schneider. It’s like a sword but made ofRead MoreShort Story : A Short Chapter : Chapter 1739 Words   |  3 Pagesâ€Å"I guess Yuri was right, which is mildly convenient† Sabra said. â€Å"The place is almost empty, their numbers are extremely low.† Screaming from a young woman could be heard coming from another room, surprising them. Turning their attention in the direction the scream was coming from. Everyone tried to move towards the screaming, before being halted by Paisley. â€Å"One group can go check that out. We need to go and look for Vittorio, it shouldn’t be an issue to split up for a little.† â€Å"I’m certainRead MoreShort Story : A Short Chapter : Chapter 11430 Words   |  6 Pagesher eyes, which were unable to see his in the darkness, then he checked to see Torins hand placed against her small waist more in reassurance than in having to hold her close to the wall. Once they reached the top landing, Duncan pulled the short braided rope attached to an old bronze ships bell. The clang rang off the stone walls which echoed loud enough to surly raise the dead at the very least to alert the household as was the intent. Duncan stepped back to let the door swing outward, whichRead MoreShort Story : A Short Chapter : Chapter 12137 Words   |  9 Pagesbrothers got in and went back to the motel. â€Å"Fay gets the bed,† Sam was about to protest when Dean quickly shut him up. â€Å"She stabbed a ghost in the eye twice, killed him, made friends with a ghost, and saved both our asses,† Fay just grabbed her black shorts and tank then walked into the bathroom. Stripping down, she turned on the hot water, letting the warmed rinse off the dirt and grime from the asylum. Turning off the water, she grabbed her toothbrush. As she got out the toothpaste there was a knockRead MoreShort Story : A Short Chapter : Chapter 12195 Words   |  9 Pageshappened to me would be considered within parameters. From there, they let me out of the machine and I faked being Sister long enough to be sent on my way.† Finishing off my water I set it down and nervously licked my lips. â€Å"And that’s basically my story. After leaving I got a new kit, put myself up in a hotel and over the next few days I wandered around, saw the city, did some research, and experimented a bit with being an Esper... Any questions?† Mikoto and Kuroko stared at each other and at Mikoto’sRead MoreShort Story Chapter 11266 Words   |  6 Pagesfright. Drakes smirk grew as he noticed this. You dont have a choice. As soon as those words made their way into the dead air he bolted towards the other boy. Shadow pushed Jace behind him and braced for the incoming attack, and not like other stories, this one hit its mark. He winced, and noted the body behind him. Activating the pipes in his calves he dashed towards a clearing only to take a fireball to the back. Come back and fight me coward! Drake was catching up fast. Shadow struggledRead MoreShort Story Chapter 1774 Words   |  4 PagesThey made it out of Viridian Forest not long after defeating that swarm of Beedrill. It was getting close to evening by the time they made it to the next route, so they stopped to make camp for the night. It would be another two hours before they could make it to Pewter City if they continued. It was safest to just make camp. They sat around the fire Spitfire had made for them. Misty was the only one who didnt release her Pokà ©mon. Rattata snuggled in Gabbys lap and ate from the bag of chips inRead MoreChapter 1 Short Story922 Words   |  4 Pagesfather’s council table. He looks to her for advice even in granting justice. Since her mother’s death, the Princess is more the Queen than anything els e. She might offer you some perspective.† Gwen nodded. She glanced toward the sky to see Sol just short of his zenith overhead. â€Å"Perhaps we should ride on then?† â€Å"We’d make Whitgate in a few hours. Perhaps we might find suitable lodgings afterwards?† Seeing Gwen’s reluctance to put her out further in her eyes, Blancheflor insisted, â€Å"You are my guestRead MoreChapter 1 : A Short Story1136 Words   |  5 PagesKaterina stepped out of the shadow of the filing cabinet. She pushed her hood down and swung her sniper off of her back before leaning it against the wall. â€Å"Hey Maria.† She said as she placed the suitcase onto agent Hills desk. The brunette glanced at her before she looked back to her computer screen and continued to type. â€Å"Hello, Shadow.† The young woman snorted and quickly appeared next Hill, slinging an arm over her shoulders. â€Å"Oh, don’t be like that. You know calling me ‘Agent Volkova’ overRead MoreShort Story : Chapter 11085 Words   |  5 PagesThe pillow seemed to sink a little, and Johnny died. I looked towards Dally, his face turned ten times younger, his face, his hard, mean, face had tears rolling down it. â€Å"...Johnny†¦Ã¢â‚¬  his voice whispered faintly, but Johnny said nothing. He could not. Dally had a pained expression that only someone who knew him could recognize, his hands were in fists. â€Å"We’re leaving,† Dally demanded, â€Å"Wait† the nurse said jogging towards us, â€Å"Johnny wanted you to have this.† she handed me Gone With the Wind. I took

Critical Analysis Of Mills Pig Thesis - 1727 Words

A Critical Analysis of Mill’s â€Å"Pig Thesis† John Stuart Mill published his seminal essay Utilitarianism in 1863. In this essay he builds on the work of his predecessor Jeremy Bentham, who sought to create a scientific approach to ethics, and responds to common criticisms of Bentham’s philosophy. Mill retains the core of Bentham’s Utilitarian philosophy, the Greatest Happiness Principle, but differs from Bentham’s position that pleasure is homogenous and that good actions seek only to produce greater quantities of pleasure, i.e. Quantitative Utilitarianism. Mill asserts that qua our uniquely higher faculties, human beings are capable of, and require, activities which produce qualitatively different pleasures than other animals, i.e.†¦show more content†¦However, in his formulation of Utilitarianism Bentham sees pleasure as a homogenous good, varying only in terms of quantity. The pithy formulation of this idea is found in Bentham’ s Rationale of Reward where he contends that â€Å"Prejudice apart, the game of push-pins is of equal value with the arts and sciences of music and poetry† (Bentham, 206). Bentham’s lack of distinction between pleasures leads to the criticisms of his philosophy as hedonistic and fit only for swine. It is in response to these charges that Mill introduces the concept of qualitatively different pleasures. Keeping the underlying structure of Utilitarianism, with the Greatest Happiness Principle as its prime axiom, Mill diverges significantly from Bentham’s view of pleasure as essentially uniform. Mill introduces the notion that pleasures can differ in terms of quality, saying that â€Å"it would be absurd that while, in estimating all other things, quality is considered as well as quantity, the estimation of pleasures should be supposed to depend on quantity alone†. This insight is based primarily on Mill’s assertion that â€Å"Human beings have facul ties more elevated than the animal appetites† and that due to this fact we require pleasures of a higher quality to attain happiness. It is important to note however, that Mill does not see human beings as fundamentally different in kind from animals, such that his contention is not based on a conception of human

The Short Stories Of Haruki Murakami English Literature Essay Free Essays

Within The Elephant Vanishes, an anthology of short narratives by Haruki Murakami, and The Outsider, a novel by Albert Camus, civilization is examined and the reader is invited to see civilization as following set regulations and modus operandis. Through the supporters, the reader understands that civilization observes these behaviors without inquiry and in making so are robotic. One of the ways this thought is reinforced through mentions to nutrient. We will write a custom essay sample on The Short Stories Of Haruki Murakami English Literature Essay or any similar topic only for you Order Now Food is shown to fall in people ceremonially and who you portion your nutrient with reveals penetrations about the civilization in which you live. Through the action of the texts and first individual narratives the supporter is established as different to the civilization. In the short narrative, Sleep, the supporter noted, ‘I went to the life room, switched on the floor lamp beside the couch, and sat there imbibing a full glass of brandy ‘ ( page 84 ) . Although she enjoys intoxicant, she has to imbibe by stealing. She is restricted in her freedom to bask intoxicant because her hubby does non O.K. of it. Her hubby ‘s business as a tooth doctor precludes her from eating cocoas until an inadvertent reminder of old cocoa flakes wedged between the pages of the book ‘I found a few crumpling flakes of cocoa stuck between the pages ‘ ( page 90 ) . She was so inspired to liberate herself from the bonds of her hubby ‘s dental fraternity norms. She unashamedly indulged herself on this pleasance impetuously, ‘I felt a enormous impulse to hold the existent thing ‘ ( page 90 ) . In Sleep, clocking for tiffin is exactly at 11 40, â€Å" aˆÂ ¦ I looked at my ticker. Eleven Forty. Eleven Forty! † ( Page 91, Elephant Vanishes, Sleep ) . The typical type of nutrient was, â€Å" aˆÂ ¦minced scallionsaˆÂ ¦buckwheat noodlesaˆÂ ¦dried seaweedaˆÂ ¦tofu † ( page 91 ) . The mention to the exact clip and the type of tiffin indicate modus operandi. â€Å" aˆÂ ¦Cup of coffeeaˆÂ ¦two pieces of staff of life, spread them with butter and mustard, and had a cheese sandwich † ( Page 89 ) , something which the supporter wants to get away from. It is merely when she breaks with the conventional regulations that she feels as though she is populating. The hubby sitting on the couch reading the newspaper shows the cultural modus operandi of people in their mundane life, ‘While I cleared the tabular array, my hubby sat on the couch reading the paper ‘ ( page 92 ) . ‘I made my hubby his usual java ‘ ( page 89 ) . The supporter is cognizant of cultural outlooks of which her hubby tenaciously adhere to populating through the same everyday every twenty-four hours. ‘Anna Karenina lay there beside him, but he did n’t look to notice. He had no involvement in whether I read books ‘ ( Page 92 ) . The hubby did non pay attending to his married woman ‘s involvements or in the fact that it was his ain book, which she was reading. It is the everyday and humdrum that he is occupied with the supporter lives through every twenty-four hours making whatever gives her pleasance. This rareness of freedom necessarily leads her to seeking nutrient for pleasance while the hubby, so ingrained in modus operandi, appears robotic. Although nutrient symbolically represents modus operandi in The Outsider, it besides establishes Meursault as an foreigner of the civilization. Both of Mersault ‘s friends, Masson and Raymond ‘s immoral behavior has the civilization sort them as foreigners. Due to their unusual behaviors, when these people meet to bask nutrient together, it demonstrates that they encompass similar features of personalities which are deemed unconventional from cultural outlooks. The protagonist drinks wine to attach to nutrient with Raymond and Masson ( page 53 ) . In this context, imbibing intoxicant is an acceptable pattern and civilization, both for work forces and adult females where it was observed by Mersault that Marie, his girlfriend â€Å" aˆÂ ¦she ‘d had a spot excessively much to imbibe † ( page 53 ) . However, the fact that when Marie, commented, â€Å" Do you cognize what clip it is? It is half past 11 † ( page 53 The Foreigner ) , a fact acknowledged by Masson when he responded, â€Å" aˆÂ ¦the clip to hold tiffin is when you are hungry † ( page 53 The Foreigner ) , indicates that for Masson, nutrient is an person ‘s pick non regulated by outlooks of a fixed agenda. At his place, Mersault appears to prefer â€Å" aˆÂ ¦ smoke, and eating chocolatesaˆÂ ¦ † during mealtimes ( page 26 ) The Outsider, while he watched the people below his flat from his gallery. In the text, Meursualt made brooding observations of people that were dressed otherwise within the local community that went passed the street, ‘He was have oning a straw chapeau and a bow tie and transporting a walking-stickaˆÂ ¦ I understand why local people said he was distinguished ‘ ( page 25-26 ) . This reveals the distinguishable behavior of Meursault alongside the normal behavior of the civilization. Similarly, Meursault was besides recognised by the persons that went passed the street, ‘The local misss, with their hair down, were walking weaponries in armsaˆÂ ¦ I knew several of the misss and they waved to me. ‘ ( page 27 ) . Later in the eventide Mersault â€Å" went down to purchase some staff of life and some pasta, did my cookery and I ate standing up † ( page 28, The Outsider ) , a position of which is non dictated by conformist pattern. Mersault ‘s behavior and penetrations uncover how persons within the community stand out by their mere visual aspect that are easy recognizable that identifies them to be ‘different ‘ or ‘distinguishable ‘ . In add-on, Meursault does repair his eating agenda by a peculiar clip. This farther confirms that he is an unplanned and disorganised individual unlike the ‘robot adult female ‘ ( page 45-46 ) The Outsider. The automaton adult female â€Å" aˆÂ ¦while she was waiting for her hors d’oeuvre she opened her bagaˆÂ ¦took the exact amount plus a tipaˆÂ ¦meticulous undertaking occupied her throughout the repast † ( page 46 ) The Outsider. The robot adult female contradicts Meursault ‘s character, in that he would instead follow his peculiarity with respects to most of his determinations about when, how, where and what to eat. The robot adult females on the other manus, showed the features of order and way when she ordered her repast, ‘She called Celeste over and ordered her whole repast at one time, talking exactly but quickly. ‘ ( page 46 ) of which afterwards she ‘dived into her bag once more and took out a bluish pencil and a magazine which gave the wireless programmes for the hebdomad. One by one, she really carefully ticked about every programmeaˆÂ ¦ ‘ ( page 46 ) . From this rigamarole, the automaton adult female ‘s actions seem to follow a set of modus operandi. In the narrative, The Second Bakery Attack, the supporters were freshly married and did non pre-empt carrying nutrient in their house, ‘Our icebox contains non a individual point that could be technically categorized as nutrient ‘ ( page 37 ) . â€Å" aˆÂ ¦a bottle of Gallic dressing, six tins of beer, two shrivelled onions, a stick of butter, and a box icebox deodorizer † ( page 37 ) . This is a symbol of how empty their lives are. Although they work, go to bed at set times, conforming to the modus operandis of work, they are metaphorically, unsated. The twosome ‘s conformist behavior seems to put them to their ‘hunger ‘ . In order to happen a remedy to interrupt their hungriness, the twosome opposed convention by robbing Mc Donald ‘s, ‘Attack another bakeshop. Right off. Now. It ‘s the lone manner. ‘ ( page 43 ) . During the robbery, the director of the shop showed typical features of conventionality by the demands o f conformation from the upper authorization stating, ‘I ca n’t make that. I ‘ll be held responsible if I close up without permission ‘ ( Page 46 ) . From this, it shows that the larger bulk of the civilization such as the director and workers are similar to the automaton adult female in that their lives are dictated by order and modus operandi and merely a really little proportion of people operate in a non-conformist manner. Finally, in The Wind-up Bird and Tuesday ‘s Women, the supporter cooks spaghetti for breakfast. He chooses to populate outside the modus operandi of the civilization and this is reflected by his pick of cookery and eating spaghetti in the forenoon, ‘ † Spaghetti? â€Å" aˆÂ ¦ ‘ It ‘s merely ten-thirty in the forenoon. What are you making cooking spaghetti at ten-thirty in the forenoon? † ( page 5, The Wind-Up Bird and Tuesday ‘s Women ) asked the adult female who telephoned place for 10 proceedingss of his clip. In both The Elephant Vanishes by Haruki Murakami and The Foreigner by Albert Camus, nutrient are focused as a symbol that represents modus operandi or an person ‘s desire to hold freedom. The function of the characters is reflected in the type of nutrient they chose to eat, where and when the repartee of nutrient takes topographic point. When any of these engagements of nutrient varies, one can spot that these characters may be far-out, bizarre or stand-alone in their relationship to the larger civilization. ( Word Count: 1428 ) How to cite The Short Stories Of Haruki Murakami English Literature Essay, Essay examples

International Commercial Law Convention Deals

Question: Discuss about the Case Study for International Commercial Law for Convention Deals. Answer: Introduction It is regardless to say that the very nature of future is uncertain. When there exists long term contracts between the parties, there may be situations where prices are suddenly increasing, inflating rising and thereby performance becoming onerous due to changing economic conditions around the globe. However, all such conditions are required to be foreseen by the parties. Contracts can be framed in such a manner by giving provision for the future uncertainties, like by fixing the price and defining performance. Thus, only except of unforeseen situations, the contract shall yield and guarantee performance. One of the paramount features in law of contract is most considerably, the sanctity of contract. The Latin phrase clearly says that the contract must be respected. Parties are mandated to adhere and abide by the terms of the contract agreed between them, as a matter of principle. Thus, this explains the reason as to why international sales remain unaffected by economic hardship as per the Vienna Convention on International Sales[1]. Under international law, it has become a rule for the arbitrators to consider the terms of contract agreed between the parties as supreme. The contract terms are mandated to be respected by the arbitrator as stated under the Arbitration treaty law[2], arbitration rules[3] and arbitration statutes[4]. Further, the sanctity of contract principle has also been confirmed by the arbitrators. This main objective of this paper is to critically evaluate the statement [] the principle of sanctity of contracts (pacta sunt servanda) as the leading maxim of contract law generally has priority over changes in the surrounding economic conditions.[5] For this purpose, the paper has been divided into various sections. The first section deals with the principle of sanctity of contract and seeks to analyze the principle in detail with respect to case laws. The second section deals with a principle, which stands contract to that of sanctity, which is flexibility of contract and also examines the grounds for defending the principle of flexibility. In further sections, the paper seeks to examine the interaction between changed circumstances and sanctity of contract and thus focuses on hardship clause, which is provided as a remedy for any change in circumstances. In the last sections, the main discussion shall be regarding the remedies, which the arbitrators or parties may avail in rega rds to changed circumstances. The principle of sanctity of contract pacta sunt servanda Pacta sunt servanda is a Latin phrase, which in English means that the pact or the agreement must be respected. It is a basic principle of civil and international law, which governs contractual relationship between parties. Article 26 of the Vienna Convention on the Law of Treaties also provides for the principle of pacta sunt servanda and states that every treaty in force is binding upon the parties to it and must be performed by them in good faith. In west, two significant principles, namely, pacta sunt servanda and the contract is the law of the parties protects the fundamental right relating to conclusion of contract between the parties. It is important for the parties to abide by the agreement in all the circumstances. These principles of contract law are not only applicable to contracts governing private persons but also governing state parties. These principles are recognized are eminent rules of private law, which govern the aspects of agreement between the parties and also as rules of law of treaties, which govern the aspects of arbitration among states.[6] Analysis of various commercial arbitration cases show that in addition to the legal issues raised before the arbitral tribunal, the objective of discussion between the parties is to establish the primacy of the principle of sanctity in commercial arbitration contracts over principle of flexibility as followed in the Western culture. The tribunal while giving Sapphire[7] award stated that the principle of sanctity is fundamental principle, which the international courts constantly proclaim by holding that it is pertinent to respect every contractual obligation undertaken by the party. Further, the rule of pacta sunt servanda governs the basis of each and every contractual relationship in the private international law. [8] Earlier award of Aramco[9] and of Sapphire were referred in the Topcos case[10] and it was states that international jurisdiction has never doubted on the existence and implementation of the rule of pacta sunt servanda in international law and thus this maximum must be viewed as a fundamental principle governing the international law. Further, the sole arbitrator in the case of Liamco[11], upheld this principle by stating that international law and practice have widely accepted that unilateral termination of contract is survived by the arbitration clause, which is inserted in the agreement by the parties and this clause continues even after the contract terminates. [12] The principle of sanctity of contract found its application to equal parties but jurists and scholars have extended the applicability of this principle of the contracts governing relations of states as well as private persons. The principle has been integrated and well extended to the international commercial arbitration contracts. Such contracts are now considered binding on the parties and none of the parties have the right to abrogate, modify or nullify the contract unilaterally.[13] The Flexibility Contract Principle It has been observed above that the principle of sanctity is well observed by the international law. However, scholars have countered the aspects of absolute sanctity while stressing on the requirement of brining flexibility in terms of legal implications and performance of international commercial contracts. They have generally pointed out on the very nature of such contracts, which influences the scope of national economic development and governmental functions. Most common arguments raised and their respective defenses and discussions in respect of flexibility of the contract principle of sanctity in international commercial arbitration have been analyzed in the sections below: The argument relating to public interests To defend the flexibility contract principle it has been argued that in reference to international commercial contracts relating to natural resources, these are closely associated with economic development and are underlying instruments of public policy. Thus, in such contracts of natural resources various countries cannot bind themselves in regards to economic welfare of the country since the relationship formed under the contract might derogate with time and affect welfare. Thus, for contracts relating to public interest or welfare, it is pertinent to ensure flexibility principle in application. The argument relating to denial of international status Another argument that defends the principle of flexibility, states that international contracts should not be governed by the public international law rather the law of the host state. Since, individuals were not considered subjects of international law; therefore it was valid to deny the status of international to commercial contracts. This argument was raised in the Anglo-Iranian Oil Company Case by The Permanent Court of International Justice.[14] However, the above argument was countered[15] by stating the view that if state contracts are modified or abrogated, then that shall refer to breach of the international law. It was further stated that the doctrine of flexibility has a fundamental error, which would have been removed if the lawyers of public international law would have give due regard and significance to the teachings, character and role of private international law. In cases where there is no scope for any problem to arise under the customary public international law, it is not possible for any breach of contract to factually occur and thus the principle of pacta sunt servanda goes un-infringed. The private international law of the respective forum governs the contracts. Such law not only has the power to sustain the contract but also modify or abrogate the contractual bond in its entirety. The argument relating to changed circumstances To defend the principle of flexibility, it has been argued that if pacta sunt servanda being the principle of public international law applies to international contract then there are other principles of international law, particular the principles of changed circumstances, which comprise of expectations to the former principle. Principle of changed circumstances as defined under Article 62 of the Vienna Convention on the Law of Treaties as clausal rebus sic stantibus states that in regards to the inter-state agreements, there is not absoluteness in the principle of sanctity of contract. [16] Various international jurists have the view that the principle of changed circumstances can be considered as an exception or reservation to the principle of pacta sunt servanda in international law. This view of jurists has now come to be accepted generally in the international law. Contractual Provisions on Changed Circumstances Parties may agree to implement a hardship clause in their agreement, when there are any chances that future situations may change. Some of the hardship clauses state that the on occurrence of certain specified situation or circumstance, the contract shall be terminated. However, there are other clauses also, namely the price revision clause or the indexation clause, which state that in change of circumstances even the terms of contract shall change. Further, clauses like that of adaptation clause provide that the parties are ordered to adapt to new circumstances as per the contract terms. Various authors have argued that hardship clause in a contract pertaining to long-term relations between the parties must be dealt like a custom. In other words, such a clause of hardship must be implied in long term contracts even when not expressly agreed to between the parties. However, if in contractual terms, parties specifically include a clause of hardship, it shall help in proving that no such general customary principle relating to hardship clause exists.[17] Further, the scope and implication of hardship clause varies in various types of such clauses. The application, scope and remedy of each of hardship clauses are different and thus a customary principle cannot be easily based on such varied and diverse hardship clause. Considering this situation, arbitrators have refused to consider hardship clause as customary in long term contracts rather they have focused on strict interpretation of such clauses as per the facts and circumstance of each case. This means that if there is a clause in the contract that mentions specific changes then such clause must be interpreted in a manner that no other change could be considered or taken into account while dealing with the contract. However, it cannot be said that mere presence of hardship clause shall exclude the entire application of general law relating to changed circumstances. This is so because it is almost impossible for the parties to negotiate and thereafter draft such hardship clause that is capable of covering all possible effects from which performance is likely to be affected. Thus, such changes which cannot be covered under the hardship clause may be applied by integrating the general law on changed circumstances. The arbitrators in the Arbitration Court of the Japan Shipping Exchange[18] stated as follows while recognizing this principle: The relation between this Article (renegotiation clause) and the principle of change in situation is such that the present article does not exclude the said principle, but provides for either one of the parties to request the other for consultation to amend the price, even in the instances where the principle of the change in situation does not need to be applied. Thus, in case of special circumstances, parties may instruct the tribunal to consider such circumstances that have changed post the dispute between the parties. The Iran-US Claims Tribunal [19]also stated that it is the very duty of the tribunal to consider and taking into account any change in circumstances between the contracting parties. Relationship between Pacta Sunt Servanda Rebus Sic Stantibus Most national legal systems have a rule that the binding force of the contract may get affected due to change circumstances. The maximum rebus sic stantibus: when things remain same even the contract remains binding, ensures possibility of such situations. Restricted interpretation of the maxim rebus sic stantibus shall be done to limit the huge scope of its analysis. Such expressed contractual terms are excluded that could not be satisfied, like changes relating to failure to perform as per the contractual conditions. Also, the act of God or Force Majeure, is excluded, since it makes the performance of contract completely impossible[20]. The main of this paper shall be to consider and analyze such changes, which make the performance erroneous rather than impossible. Various legal systems have incorporated the principle of rebus sic stantibus and it is also an important principle of international law. Even the judges of Iran-US Claim Tribunal recognized this principle under the Vienna Convention. Further, the judges stated that with wide implementation of this principle in the national legal systems, it shall not be unreasonable to regard it as a general principle of law.[21] International Law International treaty law defines the principle of Rebus sic stantibus. The Vienna Convention on the law of treaties, 1969 in its Article 62 defines and explains this principle of rebus sic stantibus. The Article 62 states as follows: A fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a ground for terminating or withdrawing from the treaty unless: (a) the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty; and (b) the effect of the change is radically to transform the extent of the obligations still to be performed under the treaty. The exception nature of this rebus sic stantibus has been demonstrated by the wording of Article 62. It ensures that this principle is considered subordinate to that of pacta sunt servanda and the same has been clearly stated under Article 26 of the Vienna Convention. It is pertinent for the change in circumstances to be fundamental in nature. The change must be such that the survival of State has been jeopardized entirely. Change cannot be in nature of mere currency reforms or loss in matters of economic interest. In the case of Fisheries Jurisdiction[22], the International Court stated that change must be vital in nature: it should be such that it imperils or prevents the vital development or existence of either of the parties. Further, the change should be such that none of the parties to the contract could reasonable foresee the same. However, it must be noted that even when the principle of rebus sic stantibus is indentified as a rule of international law by arbitrators and invoked by various parties, relief on such ground has not been granted to the parties. Tribunals and even the International Court of Justice have refused to consider the principle of rebus sic stantibus as a treaty.[23] National Law Performance when circumstances of contract change are excused under English Law, as per the doctrine of frustration of purpose. However, the party who demands excuse in performance under this doctrine must prove that the circumstances have changed radically due to which the performance undertaken as per the contract could not be fulfilled. But, the English judges have shown reluctance in implementing this doctrine to state that the contract has been frustrated.[24] Arbitration Practice In regards to international arbitration, implementation and impact of rebus sic stantibus has not been explored. Generally, arbitrators have been strict in implementing this principle to international contracts. Further, arbitrators have concluded that in any case where the mutual convent ants become impossible to perform, the contract shall be rendered impossible. This vitiates the very essence of contract. Thus, in only handful of cases, this doctrine has been actually implemented into the legal scenario relating to change in circumstances. Rather, arbitrators and tribunals have relied on renegotiation between parties in case of change in circumstances as an effective remedy to such problem. Such renegotiation may be included as a part of contract and state that parties may renegotiate in case of any change in circumstances.[25] Also, on successful renegotiations, rearrangement of contractual relationship may be done. However, it is equally important to identify the situation if such renegotiation fails. The clause dealing with renegotiation must be framed in such a manner that it provides solution to all possible situations. Conclusion The above analysis has critically discussed various aspects of the principle of sanctity of contracts. In international contracts, arbitration is the remedy to solve disputes between the parties. Thus, it is important to understand various complexities and rules of international law, which are considered by the arbitrators, tribunals and international courts. The principle of sanctity of contract or pacta sunt servanda states that the parties must serve the agreement or must fulfill the agreement, which leads to contractual relationship. In other words, it can be stated that the parties in no way can derogate from the agreement and ensure every action with the objective to fulfill contractual obligations agreed. It can be analyzed that this principle is a leading maxim under contract of law, which is also agreed by the arbitrators and used while dealing with international law. However, it is needless to say that parties under contract may face change in situations, due to which performance of contract gets affected. From the above discussion, it can be concluded that even when arbitrators have accepted the principle of rebus sic stantibus under international law, it has not been implemented into practical situations dealing with contracts. This principle is also considered as subordinate to pacta sunt servanda. Since, it imposes an obligation on the parties to perform. Further, as a remedy to changed circumstances, arbitrators have opted for the remedy of renegotiation between the parties. This remedy also seeks to fulfill the objective of pacta sunt servanda because it holds that in change of circumstances, parties may renegotiate to new agreement but must fulfill their obligations as per the agreement. Thus, it can be finally concluded that principle of sanctity of contract is the leading principle of contract law and is given priority even in change of circumstances or over the principle of flexibility of contract. References Article 79 of the Vienna Convention deals with force majeure, excludes economic hardship. European Convention on International Commercial Arbitration, 1961, Article VII. C.C. Arbitration Rules, Article 13.5; UNCITRAL Rules, Article 33.3. UNCITRAL Model Law, Article 28(4) already incorporated in many countries. Klaus Peter Berger, Renegotiation and Adaption of International Investment Contracts: The Role of Contract Drafters and Arbitrators, Vanderbilt Journal of Transnational Law, (2003) 36, 1347, 1353. Hamid Reza Nikbakht Fini, State Contract and Abitration, (1990, unpublished thesis, p. 26) Sapphire Intl Petroleums Ltd. v National Iranian Oil Co.,[1967]. George R. Delaume, State Contract and Transnational Arbitration, The American Journal of International Law. (1981) 75, 11. Arabia v Arabian American Oil Company (Aramco), 27 I.L.R. 117, 168 (1958). Texaco Overseas Petroleum Co. v Libya (Topco/Calasiatic Case), 53 I.L.R. 389 (1977). Libyan American Oil Company (LIAMCO) v Government of the Libyan Arab Republic, 17 I.L.M. 3 (1978). Doak Bishop, International arbitration of Petroleum Disputes: the development of a Lex Petrolea, Cepmlp Journal, (2000). Wehberg, Pacta sunt Servanda, American Journal of International Law, 1959, p.775; J. F. Lalive, Contracts Between a State or a State agency and a Foreign company, 13 International and Comparative Law Quarterly, 1964, p.987 Oxford Journal vol. 13 No. 3. Bing B. Tia, The regime of straits in international law, Oxford University Press, (1998). A. Mann, England Rejects Delocalised Contract and Arbitration, International and Comparative Law Quarterly, (1983) vol. 33. p. 194-195. Geiger, The Unilateral Changes of Economic Development Agreements, International and Comparative Law Quarterly, (1974), p. 100. C.C. award No. 5953 (1989), J.D.I., 1990, 1056 at 1059. Arbitration Court of the Japan Shipping Exchange, award September 20, 1975, Yb. Comm. Arb., 153 at 154. Questech decision 9 Iran-US C.T.R., 122-123. Court of Arbitration at the Polish Chamber of Foreign Trade, award February 11, 1958, Comm. Arb., 1981, 147 at 148. Questechdecision, 9Iran - US C.T.R., 122-123. International Court of Justice,Fisheries Jurisdiction case, ICJ Reports, 1973, 4 at 20. Yearbook ILC, 1963, II, 208;Yearbook ILC, 1966, II, 257; R. VAN MEHREN and P. KOURIDES, "International arbitrations between state and foreign private parties: the Libyan nationalisation cases",J.I.L., 1981, 475 at 532. Lauritzen A.S. v. Wijsmuller B.V., "The Super Servant Two",1 Lloyd's Rep., 1990, 1. C.C. award No. 4761 (1987),J.D.I., 1987, 1012. [1] Article 79 of the Vienna Convention deals with force majeure, excludes economic hardship. [2] European Convention on International Commercial Arbitration, 1961, Article VII. [3] Eg: I.C.C. Arbitration Rules, Article 13.5; UNCITRAL Rules, Article 33.3. [4] Eg. UNCITRAL Model Law, Article 28(4) already incorporated in many countries. [5] Klaus Peter Berger, Renegotiation and Adaption of International Investment Contracts: The Role of Contract Drafters and Arbitrators, Vanderbilt Journal of Transnational Law, (2003) 36, 1347, 1353. [6] Hamid Reza Nikbakht Fini, State Contract and Abitration, (1990, unpublished thesis, p. 26) [7] Sapphire Intl Petroleums Ltd. v National Iranian Oil Co.,[1967]. [8] George R. Delaume, State Contract and Transnational Arbitration, The American Journal of International Law. (1981) 75, 11. [9] Arabia v Arabian American Oil Company (Aramco), 27 I.L.R. 117, 168 (1958). [10] Texaco Overseas Petroleum Co. v Libya (Topco/Calasiatic Case), 53 I.L.R. 389 (1977). [11] Libyan American Oil Company (LIAMCO) v Government of the Libyan Arab Republic, 17 I.L.M. 3 (1978). [12] R. Doak Bishop, International arbitration of Petroleum Disputes: the development of a Lex Petrolea, Cepmlp Journal, (2000). [13] H. Wehberg, Pacta sunt Servanda, American Journal of International Law, 1959, p.775; J. F. Lalive, Contracts Between a State or a State agency and a Foreign company, 13 International and Comparative Law Quarterly, 1964, p.987 Oxford Journal vol. 13 No. 3. [14] Bing B. Tia, The regime of straits in international law, Oxford University Press, (1998). [15] F. A. Mann, England Rejects Delocalised Contract and Arbitration, International and Comparative Law Quarterly, (1983) vol. 33. p. 194-195. [16] R. Geiger, The Unilateral Changes of Economic Development Agreements, International and Comparative Law Quarterly, (1974), p. 100. [17] I.C.C. award No. 5953 (1989), J.D.I., 1990, 1056 at 1059. [18] Arbitration Court of the Japan Shipping Exchange, award September 20, 1975, Yb. Comm. Arb., 153 at 154. [19] Questech decision 9 Iran-US C.T.R., 122-123. [20] However arbitrators sometimes bring the former also under the heading of "changed circumstances - rebus sic stantibus".E.g.Court of Arbitration at the Polish Chamber of Foreign Trade, award February 11, 1958,Yb. Comm. Arb., 1981, 147 at 148. [21] Questechdecision, 9Iran - US C.T.R., 122-123. [22] International Court of Justice,Fisheries Jurisdiction case, ICJ Reports, 1973, 4 at 20. [23] Yearbook ILC, 1963, II, 208;Yearbook ILC, 1966, II, 257; R. VAN MEHREN and P. KOURIDES, "International arbitrations between state and foreign private parties: the Libyan nationalisation cases",A.J.I.L., 1981, 475 at 532. [24] J. Lauritzen A.S. v. Wijsmuller B.V., "The Super Servant Two",1 Lloyd's Rep., 1990, 1. [25] I.C.C. award No. 4761 (1987),J.D.I., 1987, 1012.

Establishing Facility Management Company in Dubai

The Conceptual Framework for the Analysis This paper proposes the establishment of facility management firm that can offer professional counsel on the sales of real estate in Dubai. The target will be to deliver services that can connect the sellers and buyers where all pay for the services delivered (Emmett Biddle, 2010).Advertising We will write a custom research paper sample on Establishing Facility Management Company in Dubai specifically for you for only $16.05 $11/page Learn More This aspect implies that the sellers pay commissions to this company in order to facilitate management and sales of the real estate (Blackwell, 2008). There will be licensed agents to provide services to the two transacting parties. This company will be owned by several investors as well as an inventor. In a bid to create an overlay insight of the core operating principles of the company, the costs targeted for the company start up are listed below. Figure 1: Start up ( Li Zhang, 2011) The customers will list their real estates in an internationally accessible network of sellers and buyers through highly skilled agents. In a bid to facilitate this outcome, the agents will get commissions, 24/7 access to office, webpage, marketing ads, and full brokerage support among others. On the other hand, the buyers will be able to inform the agents about their sales’ requirements via a comprehensive interview (Panacek, 2008). The Key Success Factors for this Business Idea The strengthening economy of Dubai has elicited attention to the real-estate demands where many people need to purchase homes (Sachdeva, 2009). This company can take advantage of these market variations in order to grow with the industry (Collis Hussey, 2009). The company may develop a marketing strategy to notify people through the social media and mass media about the present of these real estates and the company. The first key aspect to develop within the market is a powerful bra nd that people cannot exempt. The other success factor will be the market segmentation based on their capabilities to sell and follow up the process.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The sellers will be one class of segmentation whereas the buyer will make the other. Another category will include the people who are willing to lease their property in respect to their regulations (Grant, 2010). The company will set funds to boost training, market the brand name, and update its goals regularly. Operating Model Framework The company sales will involve listing of the sellers and applying the marketing tactics in order to seek clients. Furthermore, it will develop a way of locating and watching homes in respect to the specifications of the buyers which is inclusive of relocating the clients from one location to the other (Grewal Levy, 2010). Clients relocating to regio ns beyond this company’s coverage will be advised to visit the relevant firms with good relations. New properties will also be listed prior to search of individuals willing to lease under their program. Once the property has been listed on the company’s marketing platform, the agents are allowed to seek connections for sales and use a support program to reach the clients (Hisrich, Peters Shepherd, 2013). Operation Management The brokers of the company will possess the authority to sponsor the incoming listing of real estate agents as stipulated by the license of brokerage. The joining agents will be admitted for training and enlightenment about the prevailing list, photography and other vital documents (Alkhafaji Aslin, 2013). The training will be updated progressively as changes develop within the system. The company will target to attain 15 licensed agents during its preliminary operations. Therefore, there will be no employee working for the company but rather con tractors working under commissions. The commissions of licensed agents may be set at 3% on either side segment of buyer or seller. The company will receive 25% of this commission. In essence, an agent who manages to buy and sell a property will manage a commission of 6%. This form of management is deemed fair as it meets the purpose of the mission. The management of real estate company follows a unique strategies approached by many researchers as the most effective (Jenster Hussey, 2001).Advertising We will write a custom research paper sample on Establishing Facility Management Company in Dubai specifically for you for only $16.05 $11/page Learn More The brokerage firm acts a link between an agent, seller and buyer. All these three parties are liable to the company’s terms and conditions in order to facilitate convenient transactions. The operation management of this company can have roles of monitoring the activities and behaviours of these pa rties and rectifying the issues that may arise. In essence, the brokerage firm must be able to control people using rules, penalties, commitments, promotion and classifications in order to create a competitive outcome. Model of Stakeholders and Clients Relationships The clients and stakeholders will be connected by the need to lease, buy, and/or sell a property. The first interaction between the client and stakeholder involves arresting issues that may arise in the process of purchasing and listing. Essentially, the main target of these relationships will be to satisfy the clients within all possible limits. The first client is the seller who seeks listing of their property under the company. As the first clients, the company must ensure that these basic resources owned by the individuals remains under their watch. Dissatisfaction may trigger clients to change the firm managing the property. Furthermore, these client are the most relevant when marketing the brand of the company as t heir presence marks the presence of the business. The buyers are the second vital elements of the business model as they facilitate the attainment of the organizational goals. After a property has been sold, the company appears as a reliable entity in selling them which dictates the future preferences by other such sellers. Satisfaction must be ensured in order to prevent clients from tainting the company image. The final relationship involves the agents who attend the requirements of sellers and buyers as well as bring them to the company. A company that offers the best commissions have high chances of being preferred by the agents when making sales. Facility Management Scope, Enhancement and Innovation The facility management scope will be restricted to the four mentioned entities incorporating selling, buying, leasing, and referring of properties. In a bid to meet these entities of the business model, the company will develop establish a commission based agent program that can li st and find clients with different needs regarding real estates. A company must also enhance its brand by marketing through such available channels as mass and social media (Mangold Faulds, 2009). As the business grow and becomes competitive, other tactics must be developed to foster change and boost the revenue earned by the company. References Alkhafaji, A Aslin, R 2013, Strategic management: Formulation, Implementation and Control in a dynamic environment, The Haworth Press, New York.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Blackwell, E 2008, How to prepare a business plan, 5th edn, Kogan Page, London. Collis, J Hussey, R 2009, Business research: a practical guide for undergraduate postgraduate students (3rd ed.), Palgrave Macmillan, Basingstoke, Hampshire. Emmett, R Biddle, J 2010, Research in the history of economic thought and methodology a research annual, Emerald, Bingley, UK. Grant, R 2010, Contemporary strategy analysis, 7th edn, John Wiley Sons, Hoboken, NJ. Grewal, D Levy, M 2010, Marketing, 2nd edn, McGraw-Hill Irwin, Boston. Hisrich, R, Peters, M Shepherd, D 2013, Entrepreneurship, McGraw-Hill/Irwin, Boston. Jenster, P Hussey, D 2001, Company analysis: determining strategic capability, Wiley, Chichester. Li, Y Zhang, Q 2011, â€Å"The Application of Principal Component Analysis on Financial Analysis in Real Estate Listed Company†, Procedia Engineering, vol. 15, pp. 4499-4503. Mangold, W Faulds, D 2009, â€Å"Social media: The new hybrid element of the promotion mix†, B usiness Horizons, vol. 52 no. 4, pp. 357-365. Panacek, E 2008, â€Å"Survey-based Research: Performing the Survey†, Air Medical Journal, vol. 27, no. 2, pp. 64-66. Sachdeva, J 2009, Business research methodology, Himalaya Pub. House, Dubai. This research paper on Establishing Facility Management Company in Dubai was written and submitted by user Xavi A. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Leadership in and Organization

Leadership in and Organization Free Online Research Papers How do your organization’s leaders influence your organization’s culture? How does the leadership of your organization achieve organizational goals? Leadership is the practice of influence that stimulates subordinates or followers to do their best towards the achievement of desired goals. Where there is an organized group of people working towards a common goal, some type of leadership becomes essential. The leader stimulates what is best in us; he unites and concentrates what we feel only groupingly and scatteringly. An organization’s leader influences organization’s culture by building up confidence and zeal among people to move towards the common objectives. A leader influences the behavior, attitude and beliefs of his subordinates. 1.The leader should communicate effectively and follow the principle of motivation. 2.He should listen to his subordinates properly and should consult the group in framing the policies and lines of action. 3.He should implement authority whenever necessary to implement the policies. Good leadership improves motivation and morale of employees. It acts as a motive power to group efforts as it rectifies the imperfectness of the formal organizational relationships. By helping in cooperation and coordination of different departments working in an organization, good and effective leadership helps achieve organizational goals. Can someone who is a leader not be a manager? Why or why not? Can someone who is a manager not be a leader? Why or why not? A leader cannot essentially be a good manager. Because what a manager needs to have, a leader might not possess all the qualities of a good manager. A good manager has the knowledge of the organization, has technical knowledge and administrative ability to instruct and inspire. A leader can inspire people, communicate well and can even secure cooperation but without knowledge of the organization and technical knowledge, he cannot manage the complete organization effectively and efficiently. It is must for a person who is controlling an organization to have the subjective and theoretical knowledge of the work and operations that his organization performs. Moreover, leadership is only a part of management as it includes planning, organizing, leading and controlling. A manager can always be a leader because the definition of a good manager includes a good leader as well. A manager who cannot be a leader is not a good manager then. As we all know, apart from the qualities mentioned above, a manager should have the ability to instruct, inspire and finally lead. A good manager always possesses the qualities of a good leader. Since only good leadership secures effective management, a manager should be able to boost up morale of his subordinates and lead his team of workers. So, a manager can definitely be a good and effective leader. What are some skills that leaders need to possess? How can managers develop leadership skills? A successful leader secures desired behavior from his followers. It depends upon the quality of leadership he is able to provide. A leader to be effective must possess certain basic skills and qualities. Some of them are as follows: 1. Good personality 2. Emotional Stability 3. Sound education and professional competence 4. Initiatives and creative thinking 5. Good understanding and sound judgement 6. Communicating Skills 7. Ability to guide and teach. 8. Courage to accept responsibility 9. Self confidence, diligence and industry. By regular introspection of himself, his work and relations with the employees, by being in constant touch up with the colleagues, by learning from his mistakes and by experience, a manager will learn and develop his leadership skills. By listening to his employees and their innovative ideas and by appreciating their feelings, a manager can learn to be an effective leader. One another essential requirement that a good leader should always possess is honesty and integrity of character. 1.Dont use the power of your position to get things done 2.Dont think of employees as things that need to be controlled or managed 3.Judge your success by the success of your team 4.Include humour in your diet while managing people How has management changed due to the increased role of globalization? Would a good leader in one country automatically be a good leader in another country? What characteristics should a leader have to make them successful globally? The changing economic world is throwing new challenges to the managers. The management concepts and practices are shaping ‘tomorrow’s history’. A number of challenges are taking place which are influencing the work of managers. One of them is Globalization. GLOBALIZATION: Most of the countries have opened up their borders to foreign products as well as foreign producers. The companies of developed countries are foreign countries by opening manufacturing facilities there. It involves an active international involvement by the company and most importantly, the managers. Now, the change has led the management to license or franchise to another firm the right to use its brand name, technology or product specifications which ultimately has led to create great burden on the managers. Managements of global companies are adjusting their organizational structures as per the requirements of the situation. The managers are being taught to be global in approach. A good leader in one country is not automatically a good leader in another country. Even though due to universality of principles of management, a leader might not have any problems in managing people (employees). But due to changed economic, political, social and cultural environment, a manager is bound to have some problems in managing work, customers and operations. The different regulations of the political system, different taste of consumers and different standard of living is for sure are big problems for a manager to deal with. That is why companies going global prefer to hire the manager of the country that are entering their operations into since that manager will be familiar to his home markets and consumers’ tastes. Characteristic of a successful global leader are: 1.Possessing A Global Mind Growth 2.Having the Necessary Competencies, Abilities and Emphasizing Meritocracy 3.Having the Character or Ballast 4.Having Creative, Innovative and Refreshing Approaches to Solve Problems 5.Being Positive 6.Co-operating and Collaborating 7.Being Culturally Sensitive and Empathetic CONCLUSION: Leaders just have to grow their teams as companies. Organizations and nations have to look for various ways to harness knowledge and respond faster to overcome difficult times. The overall challenge here is not only to design fresh and innovative approaches, maintaining high output/ sales and high touch with both employees and customers alike, but also creating or having successful work teams/ units, resilient Companies, and successful societies. Research Papers on Leadership in and OrganizationMoral and Ethical Issues in Hiring New EmployeesBringing Democracy to AfricaThe Project Managment Office SystemOpen Architechture a white paperMarketing of Lifeboy Soap A Unilever ProductIncorporating Risk and Uncertainty Factor in CapitalInfluences of Socio-Economic Status of Married MalesAnalysis Of A Cosmetics AdvertisementWhere Wild and West MeetResearch Process Part One

Quantitative Article #2 Research Paper Example | Topics and Well Written Essays - 1000 words

Quantitative Article #2 - Research Paper Example 137). The second population under study included emergency department (ED) nurses working at the Prince of Wales Hospital in Shatin. A sample of 22 patients that needed NG tube reinsertion of tube placement check that presented themselves at the hospital participated in the study. The sample precluded patients who had certain medical complications including those who experienced vomiting tachypnea, and fever (Ho, Rainer & Graham, 2013, p. 138). Non-probability sampling was applied for the patients since not all patients had an equal chance of representation. Those with complications did not have a chance to be included as part of the sample. For the patients, accidental sampling was applied considering that only those patients who met the criteria and availed themselves at the hospital during the study period were featured in the study. Although opportunity sampling is often associated with bias and therefore reduces the representativeness of the sample and the generalisability of th e findings of the study, it was appropriate for this study since the samples were later randomized which served to increase the generalisabilility of the findings. The sampling plan applied was also appropriate considering time constraints and the limited number of patients that visit the hospital who are part of the population under study. While a sample of 22 patients seems small, the number has the capacity to produce reliable and generalizable results. A sample of 30 nurses participated in the study. The sampling of nurses was done in two stages. Given that all the nurses in the hospital had equal chance of participating in the study, probability sampling applied for the first stage of sampling. The second stage of sampling was based on convenience sampling considering that all those who returned their questionnaires featured in the study irrespective of

Aspect of Contract and Tort in Business Essay Example | Topics and Well Written Essays - 2250 words

Aspect of Contract and Tort in Business - Essay Example The second part of the report will also outline the effect of exemption clauses in attempting to exclude contractual liability. A) What is a contract? A contract comes into existence when two or more people agree to a certain course of conduct (Hofman. 1999). The law gets involved where one party does not carry out his contractual obligations. However, not every agreement is a contract given that in order for it to be binding in law, it must comply with a number of essentials. A contract is based on agreement and in order to express this agreement, there must be among other things an offer and acceptance. Thus, legal systems that follow the English system also require some form of consideration before the contract is binding. Therefore, the General Manager of Budgburys should bear in mind that his organisation offers products which are acceptable. According to Harvey v Facey [1893] AC552, every contract consists of an offer made by one party and accepted by the other. Thus, an offer is an invitation to enter into a binding agreement (Gibson, 1988). Elements of a contract in business From the definition above, it can be noted that not every agreement is therefore a contract (Gibson, 1988). In order for the agreement to be binding in law, it must comply with with a number of essentials. ... Implied prohibition occurs when statute without expressly prohibiting an act provides a penalty for the performance of the act. It has to be observed that in business, contracts under the credit agreement must be in writing and contain certain prescribed matter (Gibson, 1988). Impliedly prohibited contracts include the sale of liquor without a valid licence. The essential in the formation of the contract is the aspect of consideration. There is need to consider the capacity of the person involved in a contract to acquire legal duties. As such contracts involving minors, drunk persons as well as mentally ill persons are considered as void. Another essential tenet of the formation of a valid contract is that the parties must communicate their intentions to each other. Hofman (1999) posits to the effect that if a reasonable offeree believes that there has been an offer, the law will likely to agree given the cornerstone of contract law theory is that contracts should protect reasonable reliance. Whether written or agreed verbally, a contract is binding and it is a reflection of what has been agreed by two parties involved. This is reflected in the case of Watermeyer v Murray 1911 AD 61 at 70. As such, if a person makes an offer without realising it but reasonable people would rely on it, then the offeror is bound. The golden rule in this case is that the offeror must not make offers which he may not be able to fulfil given that these can negatively impact on his business. Another important aspect that must be taken into consideration by Mr Budgburys is the aspect of acceptance. In this case, acceptance shows consent which is an essential part in the formation of a valid contract. Once the offer

Warehousing and Inventory Management Essay Example | Topics and Well Written Essays - 2000 words

Warehousing and Inventory Management - Essay Example Raw materials, components, and finished goods are among the most common material one can find in a ware house. The history of warehousing can be traced back in the form of granaries that were supposed to store food. As the world came to know about sea routes and trading through sea routes that was the time warehouses found its first form. Port was the centre of warehouses followed by rail road stations. Among the very first organization was American Warehousemens Association, 1891, that was established to manage the warehouses and protect the rights of the one who give to store from rail road companies control over freight depots. War World true was the time when warehousing was groomed and new techniques and methods were implemented from efficiencies and design was modified as well for effectiveness. In the late twentieth century, warehouses was supposed to lose its importance among the industries because of many technological improvements, the IT hype and methods like Just In Time inventory system that don’t have essential place for the warehouses. But in21st century they are coming back with more than just storage facility. Warehouses are supposed to be 3rd party logistics in now days. 1. To store the seasonal products especially the agriculture commodities those are seasonal and were not available throughout the year. This was the need to have a proper storage in order to maintain and preserve the excess to use throughout the year. Management and monitoring of materials in warehouses can be done through software that came under the head of Warehouse Management System. (WMS) Today, there are warehouses that care completely automated and optimized in terms of effectiveness and efficiencies. There are automated warehouses without any labour and shift goods from a point to another through automated mobile shelves. In the fast pace world of today, the power of automation is hard to

Strategies for Breaking Wireless Protocols

Strategies for Breaking Wireless Protocols CHAPTER 1 INTRODUCTION 1.1 Background Starting of wireless Network is a result of a research Project carried out by University of Hawaii. Initially its called as Aloha net, but later it used to call as Wireless Local Area Network or WLAN. At the beginning of aloha net, is capable of transferring 1 to 2 mbps data. But over the last few years aloha net changed to WLAN and it came with so many enhancements to the initial technology. Newer days, wireless networks become more popular than the wired networks. The main reason for this is, wireless networks are high in portability and the flexibility, increased productivity, and lower installation cost. Wireless Network Devices let Users to move their laptops from one place to another without warring about their network connectivity. Minimizing the wiring gives the maximum flexibility over the network and it reduces the wiring cost for the whole network infrastructure. However, when we comparing the security factor, wireless networks are more vulnerable to attack by outsider than the wired network. Main reason for this is, anyone can see and make the initial connection through the wireless network. But establishing the initial connection in a wired network is bit difficult than the wireless network. Loss of confidentiality like password cracking and man in the middle attacks are typically associated with wireless networks. Some other way, this kind of attack can easily practise in wireless Networks rather than the wired network. Even though a wireless network has this kind of problems, its not a failed concept. The main reason for that is we can protect a wireless network in maximum and make invincible from unauthorised users or attackers. Configuring the wireless devices correctly and accurately can minimize the attacks. We are going to discuss about this topic in future. 1.2 Objectives Breaking wireless protocols is the main objective in this project. Mostly the WEP, WPA and WPA2 will be my major preference. So the goal of this research is break the wireless protocol and get data from the wireless devices and the network. 1.2.1 Comparison of Hacking Tools Available. There are lots of tools that can use to hack a wireless protocol. Some of the tools are very user friendly. We can install it on our Windows Based Systems and it does our work very easily. Those tools are 100% Graphical User Interface and very easy to use. AirCrack-ng Windows version is the common example. But Some Other tools are available; we need to have some technical knowledge to use those tools. Mainly those tools run on command base mode and running platform is Linux. These tools do not provide any graphical user Interface, and bit difficult to learn without any proper guidance. But the final result is very accurate than the windows version. The major difference between these two types of tools are the software which runs on linux is more accurate than the Windows version. So I have decided to use Linux version hacking software to carry out my testing. But to hack a wireless network we need few of software to download from the internet. And then we can install those on a Linux machine and we can start the research. But, I think its very easy to use a one operating System rather than struggling with lots of softwares. So I decided to download latest version of worlds famous Hacking Operating System â€Å"Back Track†. It has built in hacking tools that need to hack a wireless network. 1.2.2 Downloading related software. Back Track is free to download, and its open source. Anyone can download Back Track from its developers web site www.backtrack-linux.org for free. So I have downloaded the latest version of Back Track v4 to carry out my research. We will discuss about BackTrack in further chapters. 1.2.3 Cracking WEP Using AirCrack-ng In order to crack a WEP Password, I have chosen few amazing tool. That is BackTrack 4 Hacking Operating System. It has all the hacking tools to crack a WEP Network. Airodump-ng can use to get the information about the wireless network and then I can use the Aircrack-ng to crack the password. 1.2.4 Cracking WPA Using AirCrack-ng We Can Use the same Process to Crack the WPA using AirCrack-ng. Same as in WEP I am going to use the Airodump-ng and Airoreply-ng to collect all the informations about the wireless Network and AirCrack-ng to decrypt the Password. 1.2.5 Cracking WPA2 Using Cowpatty In here, I am going to use a special cracking Software to crack WPA2. The software is Cowpatty. Cowpatty bit different than Aircrack-ng. And cowpatty specially designed to crack WPA and WPA2 Passwords. All these tools are built-in tools which we can find in the BackTrack4 Linux based operating system. So I dont need to download these softwares from the internet. 1.3 Dissertation Structure This Documentation mainly divided in to 4 Main Chapters. Including entire Practical and theoretical concepts. Chapter 1: Introduction In this section, I am going to give a introduction about what is wireless Network, Start of the Wireless Network and Basic Problems that wireless Networks faced. In the Second Section explain about the whole Research objectives and aims. Chapter 02: Literature Review This Chapter Consist all the theoretical informations relating to my research. In here I am discussing about wireless Networks and its Types, Wireless Network Devices, Security Methods that WLAN Uses, WLAN Security Protocols, Deep discussion about WEP, WPA and WPA2, Protocol Hacking tools like Air Crack-ng, Cowpatty, and Hacking Methods that use by the Hacking tools. Eg: Dictionary Attacks, Brute Force Attacks etc. Chapter 03: Methodology In here, I am going to show my Practical Work that I have done all over my research. Installing the Hacking OS, Use of Hacking tools, Problems Faced all over the project and the final results will be my main concerns. Chapter 04: Result and Discussions In this section I am comparing all the results I have gain all over my project. Chapter 05: Conclusions This Chapter will be my conclusions of the Research. In here i am planning to compare my final result and the objectives in my initial project proposal. CHAPTER 02 Literature Survey 2.1 Wireless Networks Wireless Networks enables to communicate devices without any physical media. These Networks are divided to three main categories according to their communication level. Those are, Wireless Local Area Network, Wireless Wide Area Network, Wireless Personnel Area Network. Wireless Wide Area Network has larger coverage than the WLAN and WPAN. WWAN uses 2G or 3G Cell Phone Networks to connect each and every device in the network. WLAN represents local area network that connected using wireless access point or a wireless router includes 802.11. WPAN is a small network topology. This includes Bluetooth and Infrared technologies. 2.1.1 Wireless Local Area Networks As I Mentioned earlier, Wireless LANs has more portability and flexibility over traditional Wires Local Area Networks. In WLAN, All the Computers and other devices connect to each other using Wireless Access Points also called as APs. And Access points communicated with the Wireless Network Adaptors that fixed in to computers. Access Points normally has coverage are up to 75-100 meters. In that area users can move their laptops and other wireless devices while maintaining their network connections. We can connect access points together and expand the wireless LANs coverage. In my thesis, I am going to discuss more about wireless LAN in further chapters. 2.1.2 Wireless Wide Area Networks This is the most familiar wireless Network type for everyone. This networks are Combinations of few WLANs. In these networks, Antennas acts as the access point for all WLANs. There are connections between Antennas to Antennas, to expand the Service of the network. Mobile Phone Networks also a good example for WWAN Networks. 2.1.3 Wireless Personnel Area Networks These Networks are so smaller when comparing to the other networks. It does not give much coverage as other 2 network type we discuss earlier. And this network does not require Main Access Point to make the connection with other WPAN Devices. Source WPAN device directly connect to the other WPAN device when its needs to transfer data. 2.2 Wireless Local Area Networks This is the most important topic of my thesis. We are going to discuss about this topic all over the project. As I mentioned in my objectives I am going to analyse the security of WLAN and Break few of WLAN Protocols. Before that we need to get a clear Idea about â€Å"What is WLAN?† and â€Å"How it operates?† WLAN is same as the wired Local Area Network. But the only difference is, its using wireless method to connect all devices. WLAN combined with the Client Station and the Wireless Access point. The Client Station connects to the AP (Access point) using the wireless Network Adaptor. We can connect the wireless adaptor to the computer using Personal Computer Memory Card International (PCMCIA) slot or using the USB Port. IEEE 802.11 is the Standard of WLAN technology. The coverage of the Wireless network totally relay on the Strength of the Wireless Access Point. Normally its can covers up to 75-100 meters circular area. 2.2.1 Architecture of 802.11 Standards This architecture allows initiating a peer to peer connection between Client Station and the wireless Network based on access point in an infrastructure network (WLAN). The coverage area of an access point called as a â€Å"Cell†. A Cell also called as â€Å"Basic Service Set† (BSS). The collection other cells of the infrastructure network called as Extended Service Set (ESS).Any access point that work with 802.11 standards has this 2 data sets for their functionality. BSS is the most important data set in the Access point. BSS contain all the information about wireless Network. This is the security key negotiation protocol of the Access point. BSS consist of APs Hardware name, Communication protocol informations, Signal strength etc. The Access Point identify in the WLAN using a specific identifier. This is called as â€Å"Basic Service Set Identifier† (BSSID). When Laptop or any other wireless device needs to connect to wireless network via access point, the guest station (Eg: Laptop) searches for the available access points in the area by releasing discovery packets. If there any access points available, APs respond to the guest station by sending the BSSID. Normally BSSID is in a Human Readable format. BSSID also called as â€Å"AP Name or Router Name† by Technical personals. This identifier always represents a Specific Access point. Likewise each and every access point of the network has its own BSSID. NOTE: BSSID is very important to accomplish my main objective of the project. We need to retrieve the routers BSSID before we crack the routers password. We can discuss about the retrieving methods in future chapters. 2.2.2 Advantages of WLANs Following are the advantages. Increased Mobility- Users can be mobile while accessing to all the network resources. Fast Installation Installation of the network is very quick since there no adding wires like wired network. Flexibility anyone can easily install and uninstall a small wireless Network. 2.2.3 Wireless Protocols Use in Wireless Networks There are 3 main wireless protocols use by the 802.11x wireless networks. Those are, Wired Equivalent Privacy This Protocol primarily protect the WLAN uses being a victim from eavesdropping. WEP uses 64 bit RC4 key to generate encrypted data and then those encrypted data transferred over the network. Wi-Fi Protected Access This is introduced by the Wi-Fi Alliance to overcome certain restrictions in WEP. This uses Temporal Key Integrity Protocol (TKIP) to encrypt the wireless data packets. Wi-Fi Protected Access Version 2 This is the latest movement in wireless LAN Protocols. Only the Difference is WPA 2 introduces new AES algorithm to be much more secure than the WPA. These 3 protocols widely using in wireless Networks. Every protocol has significant advantages and disadvantages. In the next chapter I am going to illustrate features, advantages and disadvantages of each and every protocol. 2.2.4 Wired Equivalent Privacy (WEP) WEP is an authentication protocol that use in 802.11 wireless networks to secure all the transmitting data. This protocol introduced in 1997 and main intention was increasing the confidentiality of the data than wired network. Any wireless network that uses WEP encrypt the data packets using RC4 cipher stream generated by a 64 bit RC4 key. IEEE 802.11 has few basic features when it comes to Security. These concerns provide a better security for the wireless environment. This all security elements embedded in to the wireless network protocols. Following are the basic security concerns in a wireless Network. Authentication This is the main goal of the wireless protocols. This means identifying the Client Station by using a password. If any client station failed to comply with this requirement the AP will deny giving the access to the Client Station. Integrity In here, the data should not be changed while it transmitting from the AP and/or to the AP. That mean those data should not be a victim of active attack. Confidentiality in this goal, the Protocol should protect the security of all data elements that transmit. In other word, the data should not be a victim of passive attacks. 2.2.4.1 Authentication 802.11 Networks have 2 kinds of authentication methods. â€Å"Open System Authentication† and â€Å"Shared Key Authentication†. 802.11 Authentication Open System Authentication Shared Key Authentication Any Client Station can join The Station should Provide the To the network without authentication Network password in order to join Network In Open system authentication does not use any cryptographic password to gain access to the network. Any client station can connect to the network and use the network resources. As an example, Internet facilitys in a public locations like Air Port or a Bus Station. In these places anyone can connect their Laptop or PDAs to the Wireless Access Point and start browse the internet. No Password required at all to login to the network. In open system method, the client station sends its MAC address just as a reference to the Access point. Then the AP makes that client as a member of that APs network. The major problem with this authentication mode is its vulnerable to attack. Shared key authentication is password based authentication model. The client must have the password to make the connection with AP. when client made a request to the AP that asking the connection, the AP generate a challenge and send it to the client station. If the client station responds to that challenge correctly AP gives the permission to be a member of wireless network. Figure 2.7 give the clear idea about the Shared Key authentication. Authentication Request Challenge Response Confirm the Result 2.2.4.2 Integrity 802.11 Standards also concerns about the integrity of the data transmitted. This always checks the data content whether it got changed while happening the transmitting process. It uses Cyclic Redundancy Check (CRC) approach to check the content of data. Once the CRC completed those data encrypted by using the RC4 key Stream. On the receiving end, data will be decrypted and again check for CRC to check the integrity of the data. If the receiving end CRC value does not match with the initial CRC value the data will be rejected and retransmitting will be required. WEP Uses an algorithm called Stream Cipher to encrypt all the data. It expand short version of key in to a random key stream. The sender encrypts the Plain text along with the Short key and creates the cipher text. In the receiver end has the same short key to decrypt the data. Once the data stream received by the recipient, it uses the short key to generates cipher text back to plain text. If one data bit lost on its way to the destination, the decryption process will mislead the data in to incorrect information. To prevent this problem WEP has â€Å"Cyclic Redundancy Check† to keep up the Message Integrity correctly. 2.2.4.3 Privacy 802.11 standards use cryptographic techniques to support Privacy. It uses RC4 Symmetric Keys to protect the data. Normally 802.11 standards support different cryptographic key lengths to protect the data from a attack. Generally, WEP supports 40 bit cryptographic key size for the shared key. But numerous vendors support different key sizes like 104 bits and 128 bits. Increasing the key size increases the security of the cryptographic technique. 2.2.4.4 Problems with WEP Even though WEP has so many security measurements to protect the transmitting data, it has few failures. These failures make the way, an attacker to break the security of WEP and lost the Integrity and privacy of the transmitting data using WEP. 2.2.4.4.1 Shared WEP Key WEP Uses single security key to Access the network. So this key should be distributed to all the users who access the network. So this security key might go to an attacker very easily who trying to get the access to the network. 2.2.4.4.2 WEP Key Size As I mentioned earlier, WEP uses 40 bit Cryptographic Key Size. This key can be crack very easily regardless of the time. So the encryption key is not sufficient to provide a better security for data. 2.2.5 Wi-Fi Protected Access This is a WLAN protocol created by the Wi-Fi alliance. This is created because of several weakness of the WEP Protocol. WPA has some advanced features when comparing with WEP. To get the optimum performance from the WPA, The WPA protocol implements the majority of the IEEE 802.11i standard, and was intended as an intermediate measure to take the place of WEP while 802.11i was prepared. Specifically, the Temporal Key Integrity Protocol (TKIP), was brought into WPA. TKIP could be implemented on pre-WPA wireless network interface cards that began shipping as far back as 1999 through firmware upgrades. Because the changes required fewer modifications on the client than on the wireless access point, most pre-2003 APs could not be upgraded to support WPA with TKIP. Researchers have since discovered a flaw in TKIP that relied on older weaknesses to retrieve the key stream from short packets to use for re-injection and spoofing. [wiki/WPA] 2.2.5.1 Features of WPA WPA uses Temporal Key Management (TKIP) as its Key encryption system. WPA does, Data Encryption and Discretion based on TKIP technology. It uses 128 bits for encryption using RC4 cipher. 2.2.5.2 Temporal Key Management TKIP along with the WPA has introduced three security features to overcome some security issues that come with WEP networks. TKIP mixing the security key with the initialization vector before it pass it to the cipher routine. In our case TKIP uses RC4 as the cipher. This method avoids certain kind of key attacks that came along with WEP. And then, WPA protects the data packets against reply attacks by implementing a sequence counter to the data stream. Finally its implements a message integrity check called â€Å"MIC† to check the consistency of the data stream. As i mentioned earlier, TKIP uses Rivest Cipher 4 (RC 4) as its cipher. Rekeying, also an important feature of TKIP. And the most important feature is TKIP always ensure to send data with a Unique Encryption key. But in certain situations it uses same mechanism like WEP. So TKIP also vulnerable to some kind of attacks which WEP faces. Any how the advance development of Message Integrity Check, Isolated Key Hashing on every packet, Sequence Counter prevents those attacks successfully. The Best thing is TKIP resolving most of the problems came along with the WEP. The next section discuss about that. 2.2.5.3 Michael Message Integrity Code Unlike WEP, WPA uses special feature to check the integrity of the transmitted message. This is called as Message Integrity Code (MIC). This is also called as Michel. This is a short cryptographic checksum that use to authenticate a message. This is also known as Message Authentication Code (MAC). This is a 64 bit algorithm that controls several types of attacks like, Splicing Attacks, Payload Truncation, and Fragmentation Attacks. 2.2.5.3 Extensible Authentication Protocol (EAP) EAP is an Authentication Method that widely use in wireless networks. This is not specifically designed for wireless networks. This can be use to authentication in wired network as well. EAP use to transmit the packets containing Authentication informations. WPA and WPA2 Networks supports 5 EAP Authentication Mechanisms as it Authentication Standards. Those are, EAP-TLS, EAP-SIM, EAP-AKA, PEAP, LEAP. 2.2.5.3.1 EAP-TLS EAP-Transport Layer Security is well known among Protocol for wireless communication. TLS provide very strong confidentiality for the User Credentials. This uses PKI to secure the communication between the AP and the RADIUS Server. EAP-TLS is the original, standard wireless LAN EAP authentication protocol. Although it is rarely deployed, it is still considered one of the most secure EAP standards available and is universally supported by all manufacturers of wireless LAN hardware and software. [Wiki/EAP] A compromised password is not enough to break into EAP-TLS enabled systems because the hacker still needs to have the client-side private key. The highest security available is when client-side keys are housed in smart cards. This is because there is no way to steal a certificates corresponding private key from a smart card without stealing the card itself. [Wiki/EAP] 2.2.5.3.2 EAP-SIM EAP for Subscriber Identity Module used for authentication and Session key distribution using the Global System for Mobile Communication (GSM) SIM. [Wiki/EAP] 2.2.5.3.3 EAP-AKA EAP for Authentication and Key Management Agreement is used for Authentication and session key distributing using the Universal Mobile Telecommunication System (UMTS). [wiki / EAP] 2.2.5.3.4 PEAP PEAP is a joint proposal by Cisco Systems, Microsoft and RSA Security as an open standard. It is already widely available in products, and provides very good security. It is similar in design to EAP-TTLS, requiring only a server-side PKI certificate to create a secure TLS tunnel to protect user authentication. [Wiki/EAP] There were two PEAP sub-types certified for the updated WPA and WPA2 standard. They are: PEAPv0/EAP-MSCHAPv2 PEAPv1/EAP-GTC The terms PEAPv0 and PEAPv1 refer to the outer authentication method, the mechanism that creates the secure TLS tunnel to protect subsequent authentication transactions. EAP-MSCHAPv2, EAP-GTC, and EAP-SIM refer to the inner authentication method which facilitates user or device authentication. [Wiki/EAP] 2.2.5.3.5 LEAP The Lightweight Extensible Authentication Protocol (LEAP) A proprietary EAP method developed by Cisco Systems prior to the IEEE ratification of the 802.11i security standard. [Wiki/EAP] LEAP uses a modified version of MS-CHAP, an authentication protocol in which user credentials are not strongly protected and are thus easily compromised. Along these lines, an exploit tool called ASLEAP. [wiki/EAP] 2.2.6 Wi-Fi Protected Access 2 WPA 2 implements IEEE 802.11i standards same as the WPA. WPA 2 supports Advanced Encryption Standards as the encryption cipher. This is an encryption standard that implement by US Government. 3 block of ciphers available in the AES. Those are AES 128, AES 192, and AES 256. In WPA2, Advanced Encryption Standards using counter Mode-Cipher Block Channing to provide the high confidentiality to the data. [Microsoft] WPA2 architecture must contain following network components to provide better security to the network. An Authentication Server to authenticate the users, Robust Security Network to maintain the pathways of associations, and AES based methodology to provide the privacy, integrity and authentication. The authentication server holds all the user name and passwords of the users of wireless network. When a user wants to connect to a network that uses WPA, The User must provide His / her identical user name and password when the network asks for it. Then the AP sends that informations to the Authentication server to verify the validity of the user to access network resources. Once the authentication server gave a positive feedback, the user allows connecting to the network otherwise the request will be discarded. 2.2.6.1 The Four way Hand Shake The Authentication Process has 2 Parts, the access point (AP) still needs to authenticate itself to the client station (STA), and keys to encrypt the traffic need to be derived. The earlier EAP exchange has provided the shared secret key PMK (Pair wise Master Key). This key is, however, designed to last the entire session and should be exposed as little as possible. [1] Therefore the four-way handshake is used to establish another key called the PTK (Pairwise Transient Key). The PTK is generated by concatenating the following attributes: PMK, AP nonce (ANonce), STA nonce (SNonce), AP MAC address, and STA MAC address. The product is then put through a cryptographic hash function. [1] The handshake also yields the GTK (Group Temporal Key), used to decrypt multicast and broadcast traffic. The actual messages exchanged during the handshake are depicted in the figure and explained below: [1] 2.2.6.2 Group Key Hand Shake The GTK used in the network may need to be updated due to the expiry of a preset timer. When a device leaves the network, the GTK also needs to be updated. This is to prevent the device from receiving any more multicast or broadcast messages from the AP. [2] To handle the updating, 802.11i defines a Group Key Handshake that consists of a two-way handshake: [2] The AP sends the new GTK to each STA in the network. The GTK is encrypted using the KEK assigned to that STA and protects the data from being tampered using a MIC. The STA acknowledges the new GTK and replies to the AP. [2] 2.3 Differences between WEP, WPA and WPA2 2.3.1 Encryption Methods WEP uses only one encryption method for the whole network, but in WPA, encryptions are dedicated for every user. One user has its own encryption method. 2.3.2 Authentication In WEP Authentication, it uses Open or Shared key authentication method. In WPA operates on Pre-Shared Key Method. As well as WPA uses an authentication server to validate the user and it using EAP to send all the informations to the Server. But WEP does not use any authentication server. 2.3.3 Security Protocols and Key Streams WEP uses WEP as their Security protocol. This is a primary wireless protocol that has few loop hols for attackers, in WPA use Temporal Key Integrity Management as the security protocol. WPA 2 uses bit advanced security protocol than both of the WEP and WPA. It uses Counter Mode with Cipher Block Chaining Message Authentication Code Protocol (CCMP). WPA and WEP both use Rivest Cipher 4 as their cipher, but WPA 2 uses Advanced Encryption Standards. WEP uses 40 and 104 bits key length for the encryption key. WPA use 128 bit for the encryption and 64 bit for the Authentication. WPA2 uses 128 bit key streams for the both Encryption and the authentication. 2.3.4 Data Integrity and Key Generation WEP use Cyclic Redundancy Check 32 bit Method to check the Integrity of the data. WPA use Michael Message Integrity Code to check the integrity of data. WPA2 has CBC-MAC for that operation. WEP does the key generation by using Concatenation. In WPA used â€Å"Two phase mixing function (both TKIP and RC4)†. WPA2 doesnt require any key generation. 2.4 Security Threats Associated with Wireless Networks As Discussed above, nowadays wireless networks become more popular than the wired networks. Many organisations including Commercial Companies, Hospitals, government offices and most of the houses use wireless networks to facilitate different services. But the problem is WLAN are not 100 percent protective from attacks. 802.11x networks are vulnerable to certain attacks. There are thousands of papers and reports available in the internet that describes those kinds of attacks and security threats to WLANs. These security threats mainly target on Confidentiality, Integrity and Network availability. WLAN attacks normally divide in to 2 types. Those are â€Å"Active Attacks† andâ€Å"Passive Attacks†. Then those 2 main classes sub divided into types of attacks. 2.4.1 Active Attacks Active attacks are the most dangerous attack type. In here, hacker or the unauthorised party gain access to the system and do the modifications to the system or the message transmitting. This outcome a receiving an incorrect message stream or a file to the recipient. Active attacks result a loss of integrity of the network. Active attacks are possible to detect by using special software like packet monitors. But the problem associated with this kind of attacks are, its difficult to prevent these kinds of attacks. Active attacks can be sub categorised in to 4 Methods of attacking. Following explain those, 2.4.1.1 Masquerade In here, Attacker imitates as an authorised user in the network and gains the access to the network. This kind of attacks can be happened in few ways. The first consideration is authorised user give away the password to an unknown person or a group of people. So automatically they are possible to get access to the system. The other consideration is hacker can use some software pieces to collect the passwords or access keys of authorised users. There are many methods to perform this kind of attack. Installing Key Board Activities Recording software is a very successful method to collect these kinds of informations. 2.4.1.2 Reply The Attacker can monitor the transmissions of the source and destination machines and re transmit the informations as a legitimate user. So the attackers computer acts as the Source and destination accordingly, to get the actual source and Destinations informations. Reply attacks are offline attacks. The attacker first gathers all the data and then later decrypts that information. This informations could be users authentication session informations that carries WLAN password. 2.4.1.3 Message Modification In here, attacker tries to modify a particular message or informations. This could results a transmitting wrong informations to the legitimate user. 2.4.1.3 Denial of Service This is a very popular attack type and very easily does in a WLAN environment. The main goal of this attack is make the network unavailable to the users. it generally consists of the concerted efforts of a person or people to prevent an Internet site or service from functioning efficiently or at all, temporarily or indefinitely [wiki]. This attacks cause Loss of Network a