Report on health and safety differences between carribean and uk Essay

Report on health and safety differences between carribean and uk - Essay Example The way in which they do this varies, however, from one country to the next. While the Caribbean islands handle this administration through a prescriptive approach, the UK uses something called goal-setting strategies to ensure basic human health and safety standards are met. This particular method of enforcing compliance is quite different from prescriptive strategies in many ways, which will be enumerated through various examples throughout this document. Companies that operate in more than one country may find it beneficial to meet the most restrictive of the requirements set forth by both countries, but can only do so once those requirements are delineated and compared. By understanding the current conditions and prescriptive strategies used in the Caribbean as well as the conditions and strategies used in the UK, one can compare the similarities and differences between the two systems and adjust each for maximum goal-setting strategy development prior to company relocation. In discussing prescriptive strategies versus goal-setting strategies, it is important to understand the difference between the two. Although legislation can be created in any country that governs the use of goal-setting strategies as well, the use of the term prescriptive strategies as it is used in this document will refer to all health and safety management strategies that are specifically outlined in legislative form. In other words, these strategies are required by mandate as a means of meeting basic minimum compliance levels, and tend to spell out the exact requirements, methods, practices and means of reporting or record keeping in the areas of health and safety management for employees and companies operating within a specific governmental sphere. These minimum requirements can be applied to any kind of health or safety issue including environmental concerns at large, employee health plans or allowable workforce

Observations at a College Campus Essay Example | Topics and Well Written Essays - 1250 words

Observations at a College Campus - Essay Example Men and women traditionally inhabit roles that place them within societal roles through which various functions begin to be addressed. One of the habits seen in watching women that are in the traditional age range of college attendance is that the use of sweeping their hair behind their ear repeats itself through social groups In observing the college campus setting for two hours, the use of this indicator of female openness to mating was observed repeatedly as women talked in only female groups, and more so in coed or male to female conversation. Men would become more aggressive in all male groups, where they tended to display puffery in mixed groups, displaying their virility through grandiose behaviors. Age played a significant role in the way in which both males and females behaved. Students who were only a year out of high school behaved in ways that showed that they were still protecting themselves from what was still somewhat unfamiliar. Students more familiar with the college experience walked more slowly and without a need for protective devices. Students who were of college age were more social with one another, while students who seemed to be older were isolated more often. Social grouping happened in a number of different ways. One of the interesting ways in which people grouped was in having similar levels of attractiveness. People who were socially considered more attractive were seen together with various levels of attractiveness tending to group together. Couples were frequently seen through this time period as they walked in a way that was oriented towards one another, making it clear that they were in a mated pairing. There were no groups during this time period which seemed to be grouping over racial classifications, but this does not mean that this does not occur. It was very interesting to see that social groups seemed to be more important to younger students, while older students were primarily alone as they walked through the campus. It i s possible that having become a student and gone through the process within that same university that interpretation of behavior is based upon the observer’s own memories of similar experiences. This is especially relevant to interpreting first year behaviors in comparison to older students. As well, differences in racial classifications is not something that the observer indulges, so seeing them may have been interpreted through other ways to classify them, leaving that aspect out of the observation. It was interesting to observe the hair sweep behind the ear, having often thought it was a common ritual among women. Client’s Name Professor’s Name Class Date Observations at a Wedding Reception In order to study the rituals and behaviors of a common Caucasian wedding, it was necessary to go to the (name of hotel) on (date) in order to observe a wedding reception from a distance. The period of time spent watching was intended to be two hours, but ended up being th ree. Having no relationship to anyone at the event, observations were made by sitting isolated from the activities and through sitting outside of the area in which these events were taking place, but still within the reception hall. Permission was granted to observe through asking an older member of the bridal party who was presumably one of the fathers. The original intention had

Sympathetic Background in Wuthering Heights Essay Example for Free

Sympathetic Background in Wuthering Heights Essay How does Emily Bronte use sympathetic background in Volume One to convey tragedy? Volume One contains a jittery narrative which is a mark of Bronte’s ominous style from which tragic events occur. With this jumping between events, there is an obvious foreshadowing of tragedy through a combination of pathetic fallacy, emotional symbolism and sympathetic background. Sympathetic background is the literary device where the surroundings mirror, mimic or elope with the emotions of the characters in it. Sympathetic background is especially evident when Bronte uses much of the settings of Thrushcross Grange and Wuthering Heights to convey the feelings of the characters within. The use of sympathetic background can be seen as early as the first chapter, in which the Heath is described. Bronte uses â€Å"Wuthering† in the sense that it’s a â€Å"significant provincial narrative, descriptive of the atmospheric tumult to which its station is exposed in stormy weather.† This sets the tone for the beginning of the novel and the turmoil many of the characters have to endure in order to achieve some kind of parity. This view is embossed with â€Å"stunted firs† and â€Å"large jutting stones†. She uses the image of â€Å"gaunt thorns all stretching their limbs one way, as if craving the alms of the sun†, depicting a sense of the Heights always being shrouded in darkness, never fully escaping it. The other effect of it is the idea of zombies, the undead, craving some kind of human energy to survive, a yearning for balance. Sympathetic background at times is used to display to the reader the time at which the novel is written. Bronte’s first volume doesn’t get to grips with chronological exactitude, more discarding it in favour of letting the story unfold through the reader’s intellect and piecing the narrative together. Use of the background is most evident where the settings outside are the markers of what season the dwellers must endure, whether it is a harsh storm or a serene backdrop on the Yorkshire moors, overlapping with pathetic fallacy at times to evoke tragic consequences of unruly actions. Chapter 2, Lockwood’s return to the Heights is marked with unwelcome gestures on behalf of Heathcliff et al. As the tension heightens, the blizzard outside gets continually worse. The surroundings are mimicking the emotions  of the characters, with Heathcliff mistaking the dead â€Å"heap of rabbits for a cushion full of cats† is black humour employed by Bronte to show Lockwood being unsettled. The following chapter, the writings on the wall and the palimpsest bemuses Lockwood in his quarters, with his following dreams a symbolic foreshadowing . The background brings about changes in the novel and sometimes can redirect the narrative towards another focus. This psychoanalytical part of the novel defies the boundary between the rational and irrational, the self and the world through dreaming. The product of this is a underlying statement that there are far deeper meanings that what we can see and touch, which becomes a cyclical allusion at the end of the novel. The tone after the death of Mr Earnshaw is bitter and unequal as the power struggle between Earnshaw and Hindley takes place. After returning with Frances in Chapter 6, the rivalry between the two become more feral and raw, with Heathcliff at one point being locked outside by Joseph, after being instructed to do so by Hindley. He is forced into the barn, bringing him down to the lowest level possible. After being found of the streets of Liverpool, he is back in muck and squalor, with the background mimicking the feeling that he’s in the doldrums for his sins, and after being described as â€Å"devilish†, this helps to enforce the psychoanalytic perspective that he is and represents the power of the devil in its human form, condemned to hell. This chapter also gives Heathcliff his first major speech, from which he scorns â€Å"I’d not exchange, for a thousand lives, my condition here, for Edgar Linton’s at Thrushcross Grange-not if I might have the privilege of flinging Joseph off the highest gable, and painting the house-front with Hindley’s blood!†. These graphic, gothic lines show his emotional bonds with the Heights, that he and the Heights share each others’ feelings in times of hardship and struggle. It’s showing that both houses are representative of classes, from a Marxist perspective. The natural power of the Heights is matched by the moral power of the Grange. This balance turns into another struggle in Chapter 8, this time between Heathcliff and Edgar Linton. With Catherine caught in a trap of whether to follow her heart or her head, with Heathcliff pressuring Catherine into giving into him, who is then distraught when he overhears a conversation  between her and Nelly, hears the wrong part, then running off. The conversation by the fire with Nelly isn’t as covert as planned, as the surroundings, the howling gale outside influence the characters. Uttering the cutting line â€Å"I am Heathcliff†, she is distraught as he gallops away. With her new found opulence, the new Misses Linton is beset by woe 5 years on when Heathcliff returns to the Grange in Chapter 10. This immense jubilation is matched by despair as Heathcliff chooses Isabella to get back at Catherine. This blending of classes, attitudes and houses can only end one way in a Marxist perspective; tragedy. Nelly returns to the Heights to see it in decay, with Hindley in a similar fashion. The surroundings once again mimic the state of the characters. As Hindley’s life lies in decay, the Heights follows. The last chapter switches time to the present, with Lockwood â€Å"trying† not to fall in love with the current Cathy. The surroundings now have evolved, but Heathcliff is still stuck in a rut at the Heights. Bronte’s use of the literary device of sympathetic background perfectly befits the characters and surroundings in Wuthering Heights, setting the tone and giving the characters another layer and more depth within the novel. With both houses representing natural and moral values respectively, and the unpredictable moors showing the irrational temperament of each of the characters, the device effectively utilises all the ominous events and foreboding symbols in Volume One to convey tragedy.

Wireless Network Advantages and Disadvantages

Wireless Network Advantages and Disadvantages Advantages There are many advantages associated with installing a wireless network compared to a wired network such as mobility, cost-effectiveness and adaptability. Wireless Networking is relatively cheaper than wired Networks since they require no cables between the computers as well as lower long term costs due to less maintenance since there is less equipment. The reduction of cables also reduces the trip hazard caused by cables running along the floor in most homes. Most wireless network equipment is plug-and-play, which helps reduce the total cost such as vendor installation and eliminates redundancy is case of a system crash. Wireless Networking is also very mobile and versatile; it is adaptable to most situations and requirements. Wireless networks can easily be set up and dissembled, which is perfect for many people who are on temporary worksites/homes or leased space. It can also provide networking in places where regular wire cannot reach such as the backyard in a home situation. Access points can be used to boost the wireless signal range if required. Since portable workstations such as laptops have become popular, wireless networks can provide quick and easy access to the internet and workspaces for students and teachers in universities etc. It is also extremely easy to add other components onto this type of network such as easy installation of VoIP and printers etc without the need to configure ones computer. Disadvantages Since wireless networking is a relatively new and contingent form of networking, it is filled with it own hazards and problems such as unreliability and security. Wireless networks have limited bandwidth, hence they cannot support Video Teleconferencing(VTC). It is also limited in its expandability due to the lack of available wireless spectrum for it to occupy. Wireless Network can also be a security risk if not installed and maintained properly. Wireless networks don„ ¢t require any physical components to connect up to it such as wires, only a wireless adapter is required which significantly increases the accessibility of the network to potential hackers. This scenario is worsened if the network doesn„ ¢t contain a password since it can then be accessed by anyone with ease. Wireless networks also have an increased chance of jamming and interference due to external factors such as fog and dust storms or when a flying object such as an aeroplane passes over the field. When too many people in the same area use wireless networks, the band of air that they transmit signals on can become overloaded. Wired networks Advantages Wired networks have existed for a long times, therefore have developed exponentially over the recent years. Improvements have been made in the fields of speed, security and reliability. Wired networks offer the fastest transfer speed of all the networks. Gigabit Ethernet is currently the best choice for wired networks and provides speeds of up to one gigabit per second. This is almost three times faster than the best wireless connection available and almost ninety times faster than a regular connection. Wired networks consist of physical, fixed connects which are not prone to interference and fluctuations in available bandwidth caused by factors such as walls. Features such as shielding(adding an aluminium foil around the wires) and twisting at different strengths help reduce interference. Wired networks also have a better security system than wireless networks. The network itself is harder to connect to since it has to be physically connected to through wires which can become a hassle when trying to hack into it. It cannot be accessed from anywhere since the signals are not broadcasted. Disadvantages Wired networks mainly suffer the inverse of the advantages of a wireless network system such as lack of mobility and greater cost. Wireless network require greater resources such as cabling, switch/hub and network cards to install and to maintain therefore the initial and long term costs are much higher. It can also be a large loss when it has to be disassembled and reinstalled since they wiring has to be completely overhauled and is normally unusable after because of damage. Wired networks can also be a hassle to install new components into because of all the hardware required to do this. Cables and network cards are required to install new computers to the system and wires need to be drawn from the switch to the computers. The wiring can become messy and indistinguishable very quickly and can become a potential safety hazard due to the risk of triping. Wired Network Components Switch The network switch is a computer networking device that connects network segments, it connects the various parts of the network together like a convergence device. The network switch commonly refers to a network bridge that processes and routes data at the Data link layer (layer 2) of the OSI model. Switches that also process data at the Network layer are technically referred to as Multilayer switches. Network card A network interface card, network adapter, network interface controller (NIC), network interface card, or LAN adapter is a computer hardware component designed to allow computers to communicate over a computer network. It is both an OSI layer 1 (physical layer) and layer 2 (data link layer) device, as it provides physical access to a networking medium and provides a low-level addressing system through the use of MAC addresses. It allows users to connect to each other either by using cables or wirelessly Cabling: There are many types of cabling available but the two common groups are the copper cables and the fibre optic cables. There are two main types of copper cables, twisted pairs and coaxial cable. Twisted pairs are two insulated wires twisted around each other to for a twisted pair. This leads to a better electrical performance and a slightly higher bit rate than untwisted pairs. The twisting helps reduce interference by twisting at different tightness„ ¢ and by also adding in a layer of aluminium around it(shielded). They have become the most common form of transmission media cable today. Coaxial cables are two-wire conductors with a larger bandwidth than the twisted pair cables. The inner cable is heavily insulated so it is safe from bending and crushing and separated from the braided outer conductor. This outer cable is in turn insulated. The resultant electrical field occurs outside the coaxial cable, thus reducing the level of noise making the medium suitable for conducting high bit rates over longer distances than twisted pairs. Fibre Optics Fibre optic cables work through total internal reflection where a beam of light is passed through a hollow glass tube. There are two methods of transfer for this media, single mode and multi mode. Single mode optical fibre„ ¢s only carry a single ray of light that can vary in wavelength. The ray travels parallel to the length of the fibre and is often called the transverse mode since its electromagnetic vibrations occur perpendicular (transverse) to the length of the fiber. Multi mode is mostly used for communication over short distances. It utilizes multiple rays of light travelling through the same tube at the same time. Typical multimode links have data rates of 10 Megabit/s to 10 Gigabit/s over link lengths of up to 600 meters. Wireless Network Components Wireless Modem/Router A wireless router is a network device that performs the functions of a router but also includes the functions of a wireless access point. It is commonly used to allow access to the Internet or a computer network without the need for a cabled connection. It can function in a wired LAN (local area network), a wireless only LAN or a mixed wired/wireless network. A modem router also allows access to the internet for the whole network. Wireless Network Adapter A wireless network adapter allows a computing device to join a wireless LAN. Wireless network adapters contain a built-in radio transmitter and receiver. There are many three main types of adapters, traditional PCI wireless adapters are add-in cards designed for installation inside a desktop computer having a PCI bus. USB wireless adapters connect to the external USB port of a computer. Finally, so-called PC Card or PCMCIA wireless adapters insert into a narrow open bay on a notebook computer. Security Authentication Authentications are security measures designed to establish the validity of a transmission, message, or originator, or a means of verifying an individuals authorization to receive specific categories of information. E.g. Passwords. Firewall Firewalls can be implemented in either hardware or software, or a combination of both. Firewalls are frequently used to prevent unauthorized Internet users from accessing private networks connected to the Internet, especially intranets. All messages entering or leaving the intranet pass through the firewall, which examines each message and blocks those that do not meet the specified security criteria. Types of firewalls include packet filters, proxy servers, Application gateways and circuit level gateways. Encryption Encryption is the conversion of data into a form, called a cipher text that cannot be easily understood by unauthorized people. Decryption is the process of converting encrypted data back into its original form, so it can be understood. There are three types of encryption, manual, transparent and semi-transparent. Proposal: The most suitable network for this situation is a mixture of both wired and wireless networks. Offices two, three and four should be connected through physical wired connections to ensure maximum speed and reliability and the fastest possible connection with the server without creating a more permanent layout e.g. burying the wires. Fast Ethernet cabling will be used since extreme transfer speeds are not required for this situation. Office one should be connected to wireless which eradicates the need for cables. Since there is only one computer connected wirelessly the bandwidth is not shared allowing for ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€¹Ã…“faster„ ¢ connection speed. There is also the added bonus of being able to connect laptops etc, which are becoming increasingly popular, to the network with ease. The switch and the router will be placed in office three along with the server since it will be the computer that is most frequently accessed, reducing the distance between it and t he switch should increase performance. The router/modem will be connected to an internet access point to allow for internet connection. Bibliography Advantages and Disadvantages of Wireless Networks http://faculty.ed.umuc.edu/~meinkej/inss690/khayat.pdf (accessed 10/9/10) www.netgear.co.uk/home_newnetwork_wiredwireless.php (accessed 8/09/10) Advantages and Disadvantages of Wired Networks http://www.see.ed.ac.uk/~dil/thesis_mosaic/subsection2_7_2_2.html (accessed 10/9/10) www.web-articles.info//Advantages-of-Wired-Networks-over-Wireless-Networks/ (accessed on the 8/9/10) Network Components http://en.wikipedia.org/wiki/Network_adapter (Accessed 10/09/10) http://www.teach-ict.com/as_a2/topics/networks/network%20components/network_components/index.htm (accessed 08/09/10)

Mummification Essay -- Ancient Egypt

It started thousands of years ago when the first Egyptian was mummified by the natural sand found in the Sahara desert. Mummification is a method of preservation of a dead body. By performing this procedure, it assists the deceased to reach the Afterworld. There are three main methods of mummification, each depending of the wealth of the deceased. In this essay you will discover how pharaohs and high officials were mummified. Once the person has died, he or she is taken to the ibu, also known as the tent of purification. Usually, mummification is performed during nighttime due to the odoured caused by the dead body. When the embalmer is ready to begin the procedure, he first washes the body with water from the Nile. After, he uses an iron hook like device to remove the brain. The embalmer does this by inserting it to the nostril breaking up the cartilage until the hook can reach the brain. Once this procedure is achieved, he removes the brain by crushing it until it becomes watery enough to be drained by laying the person flat on its stomach. The remains of the brain are than ke...

crtical thinking paper -- essays research papers

There is a South African Proverb that states "Until lions write books, history will always glorify the hunter". In his play "Los Vendidos", Luis Valdez tries to become a lion and let the voice of Chicano history be heard. Luis Valdez does this in a satirical way by presenting the views and stereotypes that many American’s have had and continue to have, about Chicano’s in the form of a shop where Chicano "model/robots" are sold. By presenting each Chicano as a robot and stereotype, Luis Valdez tries to earse of the "models" of Chicano’s that people have in their heads and tries to point out that there is a strong Chicano culture and a rich history that has been ignored by American’s for years. "Los Vendidos" is a challenge to all people but especially American’s to think about why these stereotypes are so known in culture and the role that American culture has played in creating and maintaining these stereotypes. One of the first things that Ms. Jimanez, the American woman "buying" a Chicano model/robot, looks at is the skin color. When the salesman, Mr. Sancho shows her the Indian model she says that he is too dark. She specifies that she is looking for a lighter shade of skin color, or as she says "perhaps beige". Her looking for a lighter shade of Mexican is a representation of what was known as the process of Americanization. Americanization was defined "as the securing through instruction such reactions on the part of non-Americans that they will accept and practice those ideals, customs, methods of living, skills and knowledge that have come to be accepted as representative of the best in American life†¦." For many people there was a belief that the darkness of a person’s skin had a direct correlation with their intelligence as well as their level of ability and intelligence. If you had darker skin you were assumed to be lazy and unintelligent. This special kind of racism known as hispanophobia, had been prevalent among Anglo-Americans since before the eighteenth century. In his article The Spanish Frontier in North America, David Weber describes what came to be known as the black legend, or la leyenda negra, as the view that the "Spaniards were unusually cruel, avaricious, treacherous, fanatical, superstitious, cowardly, corrupt, decadent, indolent and authoritarian†¦... ...a very polite gentleman who speaks fluent English and can give political speeches that are not as radical as the ones that were given in the 1950’s to the 1970’s. Eric’s skin, which is a light brown, is a way of depicting the fact that Chicano's are becoming more and more Americanized and in many ways serves as a warning to future generations of Chicano’s to not Americanize themselves to the point where they lose their heritage. In this sense, Luis Valdez and the Teatro Compesina, become lions in a sense and they re-write history. They show their audience some of the stereotypes and hispanophobia that has up until now, been Chicano history. In doing so Luis Valdez presents the other view and challenges people to think about where, why, who, when and how these stereotypes came to be. "Los Vendidos" challenges the notion of the Anglo-Europeans’ being the only ones that have written history, and by doing so lets the audience know that wha t has been presented to them thus far is not the real Chicano history. The real Chicano history must come from the lions themselves. It is in this way that Luis Valdez himself rewrites Chicano history and becomes a lion facing his hunters.

From Freedom Of Contract

The modern entrant making process Is often a set of very complex agreements and usually Involves big amounts of money. The negotiations may last for months or even years. As a result, the parties will reach an agreement by piecemeal. There Is not a simple offer and an acceptance anymore, but there are offers, counteroffers, partial discussion. But when exactly the discussion is ended? For this still developing contract formation procedure, in most legal systems there are no special and adequate rules established. Since it is impossible to qualify in these cases offer and acceptance, a whole set of new problems arises: . As the agreement been concluded; 2. When was it concluded; 3. If the agreement is concluded, what are the terms of it. In this paper I will examine and discuss a very controversial topic in the theory of the formation of contracts: the relationship between parties in a situation in which an agreement has not been reached and one of the parties breaks off the negotiati ons. This can be done in several ways: one 2 can Just end the negotiations and walk away, the offered can revoke his offer, an option clause is violated etc.Since there is still no contractual liability in these cases, he question arises if there is any liability at all and if so according to what theory a party is held liable. I will analyses this problem from the point of view of two legal families: Common Law and Civil Law. In the context of this paper by Civil Law I mean the codified law systems in Western Europe and I will discuss French, German and Dutch law. We will see that there are important differences between the Common Law and the Civil Law approach to these problems.As a result of the still growing trade market between the United States and Western Europe it is of utmost importance that one is aware of these differences. I want to discuss three topics: 1 . Cross-boundary pre-contractual negotiations will bring together law and culture and reality and perception and so many problematic situations; I will give you Just some examples to show what I mean; 2. Then I will discuss the different approaches as mentioned above and even more important the different results on what is understand as pre-contractual liability; 3. He last topic will be on recent European developments in contract law in this field as realized in a proposed European Code of Contract Law. 2. Law and culture As I said before, pre-contractual negotiations will not only bring together law and ultra but also reality and perception. So it is quite possible that one party – from his particular background and legal culture – is convinced that after some meetings an agreement is reached, as the opposite party thinks these were still preliminary conversations. When this is the case severe problems will rise and immediately two questions have to be answered: 1 . According to which law the breaking off of the negotiations has to be Judged; 2. And which court has standing. In Co mmon Law countries, as a rule lawyers will take part in the conversation in a very early stage of the negotiations. s true for The Netherlands you from the start of the 3 – it is all a matter of trust. If you take your lawyers with negotiations it means you don't trust the other party so they don't trust you. The result is that you start the negotiations one step behind the other party and that is exactly not what you want.Probably this is also because English and American contracts are much longer than German, French or Dutch contracts. 1 Just one example; contrast these two standard forms of a forum selection clause: ; American clause: The exclusive forum for the resolution of any dispute under or rising out of this agreement shall be the courts of general Jurisdiction of xx and both parties submit to the Jurisdiction of such courts. The parties waive all objections based on forum non convenience; German clause: Cholinesterase Geriatricians sit xx (the only competent court is (P. 96) So when you enter into international contracting your first lessons are: 1 . Be aware of the cultural differences and legal mentality between you and the other party ; 2. Try to reach an agreement on two questions as early in the negotiations as possible: a. Which law has to be applied in case anything goes wrong (express choice of law); b. Which court has standing. A way to realize an answer to these questions in the pre-contractual stage is the use of a so called Letter of Intend or a Memorandum of Agreement.In case anything goes wrong, such a Letter or Memorandum can save a lot of time and money for both parties. According to American case law the answer of the question if the Letter or Memorandum is legally binding depends on the following factors: – The amount of details; – The language used; – Are there any escape-clauses; – Are there ‘subject to formal contract/definitive agreement' clauses; See for a comparison between American an d German contracts: Claire A. Hill and Christopher King, How do German contracts do as much with fewer words? , 79 Chicago-Kent Law Review 2004, p. 889 – 926. – Complexity of the transaction; – The way parties behave in the pre-contractual stage; – Custom. In Civil law similar factors are used. For about seven years I was honorary Judge in the Court of Rotterdam in a division on international contracts. In a surprisingly amount of cases – where contracts were actually formed – there was no provision on an express choice of law and on which court has standing. Making a choice on forehand will save time and money and the allowing factors can be taken into account. In the first place parties create certainty; both parties know what to expect in case anything goes wrong.I will take the English approach as a starting point, because this approach still resembles the classical theory on contract law. (Gigglier 2002, Cheshire and Foot 2001, Allen 19 91) In the case William Lacey (Winslow) Ltd. V. Davis [1957] 1 W. L. R. 932, 934 (Q. B. 1957) the view is expressed that a party to negotiations undertakes this work as a gamble, and its cost is part of the overhead expense of his business which he hopes will be met out of the profits of such contracts as are made. ‘ More recently the leading case on this topic is Wallboard v.Miles [1992] 1 All ERE 453. The question was if the parties can, by agreement, impose on themselves a duty to negotiate in good faith. Lord Cancer held: ‘Each party to the negotiations is entitled to pursue his (or her) own interest, so long as he avoids making misrepresentations. To advance that interest he must be entitled, if he thinks it appropriate, to threaten to withdraw from further negotiation or to withdraw in fact in the hope that the opposite party may seek to reopen negotiations by offering him improved terms.A duty to negotiate in good faith is as unworkable in practice as it is inhere ntly inconsistent with the position of the negotiating party. In spite of this rather rigid and formalistic view English law has taken on this question, there are some grounds to pursue negotiations or to recover damages in case of breaking off the negotiations. 6 Although the main contract has not been concluded, the court may held that there is a collateral contract which gives rise to some rights during the negotiating process.And even though there is no contract, a party may be entitled to restitution relief on the grounds that the other party has derived a benefit from the transaction for which he should compensate the plaintiff even if no contract has arisen (unjust enrichment). Finally a party can be held liable for loss which he inflicted on the other party in case of fraudulent misrepresentation (a claim in tort, e. G. When there was never an intention to form a contract) or negligent misrepresentation. In England one can only claim negative interests.Specific performance à ¢â‚¬â€œ that is to say forcing parties to re-open negotiations – is not possible. 3. 1. 2 AMERICAN LAW (Tanner and Hamilton, paper 2004, Track 1991) Like in English contract theory, it is generally agreed that also in the United States the existence of a duty in good faith is denied in the absence of an enforceable contract. According to American law there are three other grounds for pre-contractual liability. As in England, unjust enrichment as a basis for liability could be a ground for restitution.However, Just a few courts have entertained such claims and the prevailing view is still the alternator theory: both benefit and loss are at risk of the parties. Also the misrepresentation theory is considered to be a ground for recovering losses in the preoccupation stage in the United States, but situations in which this occurs American courts is the doctrine of promissory estoppels: one negotiating party cannot thou liability breach a promise made during negotiations, if the o ther party relied on that promise.