Free Essay

Limiting Fact

In: Science

Submitted By maam
Words 3911
Pages 16
Limiting Factors
Trees and stands of trees are able to survive and grow under unique combinations of environmental conditions (e.g., nourishment, moisture, light and space). Different types of trees or stands require different combinations of these factors depending on their particular adaptations. Healthy, productive stands are those in which these factors are found in appropriate quantities for optimum growth and development for the species mix in question. When one or more factors are in short supply the growth and development of the tree or stand is affected. Where a serious soil moisture shortage exists, for example, increasing the abundance of light, space or soil nutrients would not likely increase the growth rate of trees at that site. As soil moisture is increased, however, a corresponding increase in the growth and development of the stand could be expected until some other factor becomes limiting. The manner in which these factors interact at the scale of the seedling will determine the ability of seedlings to germinate, become established, survive, and grow. Among the factors affecting growing conditions at any site, the one that, if increased, will result in the greatest corresponding increase in productivity of the stand, is considered to be the “most limiting factor”.

ABIOTIC FACTORS

BIOTIC FACTORS

REGENERATION HANDBOOK

1

Limiting Factors
Light and Space. All growing plants require sunlight for photosynthesis…trees included! For most tree species in the Northeast, light availability is the most limiting factor to successful regeneration. Species that compete best in full sunlight have the capacity for rapid height growth and are often found in the upper layers of the forest canopy. Species that are able to compete in the shade of other trees can occupy lower layers in the canopy, and each canopy layer will intercept additional sunlight. The minimum amount of light required for optimum growth and development (or even survival!) varies dramatically among tree species. The relative minimum requirement for sunlight is known as “shade tolerance”. The shade tolerance of seedlings is a key limiting factor in their development. Disturbance in a stand will stimulate regeneration. When management objectives call for regenerating a mature forest, foresters plan harvesting systems to control the light availability, depending on the desired mix of seedling species.

SHADE TOLERANCE
Shade intolerant Midtolerant Shade tolerant

(Needs full sunlight) Tulip-poplar Paper/gray birch Bitternut/mockernut/hickory Aspen Ash Pin cherry

(partial sunlight) Red/black/scarlet oak Shagbark hickory White/chestnut oak White pine Black/yellow birch Pepperidge

(forest shade) Hemlock Sugar maple Beech Basswood Stripe maple Red maple

SPECIES CHARACTERISTICS ANALOGY
Shade intolerant High stakes gambler Fast growth rate Few reserves Short life span High mortality Midtolerant Investor Moderate growth Some reserves Medium life span Moderate mortality Shade tolerant Miser Slow growth rate Large reserves Long life span Low mortality

2

REGENERATION HANDBOOK

Limiting Factors
Soil – “Back to Our Roots…” Taken together the root systems of trees in the forest comprise a complex interwoven carpet of live woody tissue in the upper layers of the soil that is dynamic, growing and ever changing. Spring and fall are the most active periods of root growth. The root systems of trees provide four essential functions: 1) anchorage or support, 2) storage of nutritional compounds, 3) absorption of water and nutrients, and 4) conduction of water and nutrients. Ninety percent or more of tree roots are found in the top foot of soil because roots need oxygen to survive. Because most roots are near to the surface, they are susceptible to damage from heavy equipment, especially when soils are wet. Soil Structure and Fertility. Soil characteristics are equally important to canopy disturbance in influencing forest composition in Connecticut. Not all soils are the same; in fact, it is amazing how many different soil types there are, each with its own peculiar characteristics. The mix of soil fertility, moisture, and texture determine whether a species will thrive on any given site. A variety of soil nutrients must be present in available form for seedlings to be successful. Nutrients such as carbon, nitrogen and hydrogen usually cycle through the organic material present in the forest, while potassium and phosphorous come from the mineral portion of the soil. Seedlings also require a variety of minor nutrients such as calcium, iron, and sulfur. Each plays a role in the life cycle of the tree and must be present for survival and successful growth. In short supply, one or more nutrients can be the limiting factor to the growth and development of trees or stands. Protecting Soil. Protecting the soil during any forest management practice is both the law and a moral obligation. Every forest management activity from trail construction, to firewood cutting, to regeneration harvests in mature forests must be conducted in a manner that does not result in excessive detrimental disturbances to the forest soil. Limiting sedimentation of eroded soil in streams is a primary concern of foresters. Properly conducted harvesting operations will not only control the amount of sunlight reaching the forest floor, but leave the stand with soil conditions that are ideal for promoting successful regeneration.

REGENERATION HANDBOOK

3

Limiting Factors
Soil Moisture. Forests have a remarkable capacity to absorb stormwater, regulate stream flow, and clean water as it moves through the forest ecosystem. Compared to other land uses, forests are excellent land cover for protecting water quality. The interactions between the forest soil, moisture, and seedlings when forest stands are harvested and regenerated can best be understood by examining how forests and water interact in undisturbed environments. When precipitation (rain and snow) falls on an undisturbed forest, much of it never reaches streams and underground aquifers. Some is caught on the leaves and branches and evaporated back into the air. Some of the rain that reaches the ground is absorbed by tree roots and is eventually transpired into the air through the leaves. Together these processes are known as evapotranspiration. Evapotranspiration can account for one-third or more of the annual precipitation. The undisturbed forest floor consists of a thick layer of leaf litter on top of a loose friable soil that is high in organic matter and securely bound by tree roots. It has a tremendous capacity to absorb rainfall. Overland flow or runoff is a rare event in the forest, and significant erosion is virtually unheard-of in undisturbed forests. Instead, clean water gradually percolates through the soil to the groundwater, or eventually emerges in streams, ponds and wells. Species/Moisture Relationships. Each species has adaptations for distinct moisture regimes. Some species have adaptations for extended periods of drought (e.g., pitch pine, chestnut oak). Other species are adapted for extended flooding (e.g. silver maple, pin oak). Saturated soils and surface water present unique challenges for trees because roots need to breathe. Most species grow in the continuum between very dry and very wet soils. Our most valuable timber species tend to thrive best on moist, well-drained soils. Seedlings of any particular species have a well defined range of soil moisture in which they have the greatest competitive advantage.

4

REGENERATION HANDBOOK

Limiting Factors
Site Quality – Putting it All Together. The natural vegetative cover for most of Southern New England is forest of one type or another, and while this may generally be the case, it is certainly true that some sites are better for growing forest trees than others. Tree growth is a function of the particular capabilities of the species, primarily genetic, interacting with the environment where the tree is located. The environmental factors associated with the moisture, soil fertility, and drainage described earlier are collectively known as Site Quality. Obviously, perhaps, a site that has favorable conditions for tree growth is considered “good”, while a site with conditions that inhibit growth would be considered “poor”. Less obvious, perhaps, is the fact that environmental conditions considered favorable for one species may be unfavorable for another, so any discussion of site quality must be made in the context of a particular species or species mix (forest type). In Connecticut, trees are almost everywhere except for solid rock and in areas of permanent standing water.

Poor sites have low fertility and dry soils. They are commonly found on ridgetops, swamps, and where soils are very sandy

Average sites have intermediate soil moisture and fertility. They are commonly found on hillsides.

Good sites have high fertility and abundant soil moisture. They are commonly found in valleys and lower slopes or benches on hillsides

REGENERATION HANDBOOK

5

Limiting Factors
Competition Overview. New seedlings for most species in Southern New England originate naturally from one of two sources: germinating seeds or sprouts from stumps or roots. Successful natural regeneration depends upon the availability of a nearby seed source for the desired species and/or a sufficient number of sprouts from stumps or roots. As a rule of thumb, the older trees are when harvested, the less their ability to produce root or stump sprouts. So following harvesting in mature stands, regeneration of desired species is not likely to occur without a reliable source of seeds nearby. It is very important to remember that when the overstory of a stand is only partially removed, the species that comprise the residual stand will also be the predominant seed source for the new forest that will grow to replace the old. Once established, seedlings must compete for light, moisture, nutrients, and space, not only with other tree seedlings, but also with shrubs, grasses, and herbaceous plants. Only rarely do certain species, such as American beech and eastern hemlock, have the natural ability to germinate, survive and compete in heavy shade. Many species require abundant light in order to survive and grow. Biotic Competition – Diseases. Diseases have historically played an important role in forest health and will continue to impact forest regeneration. Because forest diseases, in general, cannot be easily controlled, their impact is to limit the choice of species that may be successfully regenerated. Biotic Competition – Insects. As with forest diseases, insect pests often limit species choices when regenerating forests. The natural defense mechanisms of seedlings decline when they become stressed and weakened due to factors such as the change in microsite conditions (light, moisture, etc). Stressed trees are more susceptible to insect pests. See descriptions of diseases and insects in the web version Control of Competing Vegetation. A good vegetable gardener would never expect to grow tomatoes without ever pulling weeds, and managing a forest for successful regeneration can be viewed in much the same way. Removing the competing vegetation is like pulling the weeds to help the desired plant or tree grow. When planning a harvest of overstory trees it is important to consider reducing competition from undesirable understory vegetation if the desired regeneration is to be successful. This might involve extra time and expense, but this step is essential to insure the success of desired regeneration. REGENERATION HANDBOOK

6

Limiting Factors
Stand Development–Regeneration Bottlenecks. Conditions change rapidly within a forest stand during early stand development, and the success or failure of a new stand of desirable regeneration rests on its ability to overcome certain barriers, or “bottlenecks”. Regeneration bottlenecks can be categorized according to the period of early stand development during which they may have the most influence on the desired regeneration species. Unmanaged forests in Connecticut typically have 5,000 to 12,000 seedlings and saplings per acre. Regeneration densities can soar upwards beyond 30,000 stems/acre several years after harvesting. These estimates do not include untold numbers of shrubs, ferns, grasses, and herbaceous plants. At the beginning of canopy closure, when crown classes can be distinguished, fewer than 2000 stems/ acre remain in the upper canopy. Stand Initiation. It is important to realize that only regeneration that is established by the end of the first growing season after a disturbance (such as harvest) has any chance of forming a part of the future forest. The timing of a harvest, the provision for a reliable and desirable source of seeds or sprouts, and the preparation of a suitable seedbed are factors that must be incorporated into a management system to successfully obtain regeneration consistent with the landowner’s objectives. Establishment. During the 3 to 4 years following that critical first growing season, trees in the young stand must compete with each other and other vegetation for sunlight, moisture, and nutrients in the upper layers of the soil. Regeneration density may peak during this period at 30,000 stems/acre or more. Seedlings undergo dramatic root and branch development. Competition during this stage is often a race to physically occupy horizontal and vertical growing space, rather than direct competition. Micro-site conditions, weather or mechanical damage, deer browse and other factors all conspire against young trees, resulting in very high rates of natural mortality. The result is that only a small percentage of seedlings actually survive. Free to Grow Status/Vertical Stratification. Trees that are present in the main canopy at the time of crown closure result from seedlings that have germinated successfully, become established, and have had sufficient space around them to grow and develop competitive branch and root systems.

REGENERATION HANDBOOK

7

Disturbance–The Agent of Change
Since the receding of the last Ice Age in North America 1012,000 years ago, natural and man-made disturbances, such as windstorms, floods, fire and clearing, have played a critical role in the establishment, growth, death and re-establishment of forests. Forests are not a diorama. Trees grow, reproduce, and eventually die. Catastrophic disturbances have created the conditions necessary to perpetuate pioneer species and early successional habitats. Minor disturbances have permitted a diversity of age structures and opportunities for species that can compete in partially shaded environments. In forest preserves where disturbance is limited to small gaps created by single-tree mortality, species able to establish and grow in forest shade such as maple, beech, and hemlock are favored. Oak seedlings need higher levels of light to develop into saplings than commonly found in forest preserve and/or partially cut stands. Thus, managing a forest as a preserve is an active decision for a gradual conversion to a forest with more beech and maple. Without proactive forest management, (or a large hurricane!) oaks will gradually disappear from many of our forests. Changes in forest composition have been caused by changes in the type and intensity of forest disturbance. Harvesting trees for forest products constitutes disturbance in the forest of an artificial or manmade nature, and because tree species have adapted to regenerate successfully under certain disturbance regimes, harvesting methods are often designed to mimic certain natural disturbances. There is, however, one very important distinction between a natural disturbance and a timber harvest. When a harvest is planned, the person who chooses the trees to be harvested has control over which trees are cut and which trees are left. The success of regeneration and the future condition of the forest is affected more by what is left than by what is harvested from a stand. Thus, it is of critical importance to the future productivity of the forest that the person making these decisions be knowledgeable about species’ requirements. Sound forest stewardship is a true intergenerational commitment. Decisions made today by landowners, public officials, and foresters will affect the composition and habitat diversity of forests that will be enjoyed by generations yet unborn.

8

REGENERATION HANDBOOK

Disturbance–The Agent of Change
Mimicking Natural Disturbance. As every avid gardener knows, each plant species is adapted to thrive in a specific, optimal range of soil moisture, fertility, and climate. This concept logically extends to trees. Atlantic white cedar is found in swamps with high water tables and chestnut oaks dominate dry traprock ridges, because they have the ability to compete in those environments. Pitch pine is endemic to sterile sandy soils while optimum sites for sugar maple are rich, loamy soils with high fertility. Less well appreciated and understood are the adaptations forest trees have to different disturbance regimes. Disturbance regimes are determined by the relative combination of three components: type, intensity, and frequency. These components are explained in more detail on the following pages. Properly conducted, most harvesting methods mimic a natural disturbance. Ideally, the forester will first ascertain the long term management goals of the landowner and then prepare a management prescription to achieve those goals. An integral part of the management plan is to determine a species mix to best achieve those goals. Because each species is best adapted to a specific disturbance regime, the management prescription should incorporate harvesting methods that closely mimic optimum disturbance regimes for each species. If the desired species possess strategies for more than one disturbance regime (e.g., American beech and northern red oak), the forester can suggest several alternative management presecriptions to the landowner.

REGENERATION HANDBOOK

9

Disturbance–The Agent of Change
Disturbance Type. The type of disturbance occurring in a forest stand has a direct effect on the successful survival of regeneration. Disturbance types may vary from those that remove only the smallest trees in the understory (low disturbance), such as in a stand where grazing is permitted, to those which predominantly remove the largest trees in the stand, such as a severe wind storm (high disturbance). A high, or overstory disturbance, will dramatically increase the amount of direct sunlight that reaches the forest floor and will often increase mineral soil exposure as many trees are uprooted. Increased sunlight also increases soil temperatures. Large trees can transpire up to an inch of water per week, thus soil moisture increases temporarily when they are removed by harvesting or destroyed by a windstorm. A low, or understory disturbance, will also increase the amount of sunlight (ambient or filtered) available to seedlings by removing the shade cast by saplings and small trees. In contrast with high disturbance, low disturbance has minimal impact on soil moisture, temperature, and exposure. Disturbance intensity can range from single tree mortality (top), to small windthrown groups (middle), to complete stand removal (bottom).

Forest Management

LOW (UNDERSTORY) DISTURBANCE

HIGH (OVERSTORY) DISTURBANCE

10

REGENERATION HANDBOOK

Disturbance–The Agent of Change
Disturbance Intensity. Disturbance intensity affects the success of regeneration through its influence on limiting factors. Within a given stand, whether windthrow or mortality results in the loss of a single tree, or a large group of trees, seedlings will become established and grow in those openings. The species that survive and continue to grow will vary depending on the intensity of the disturbance. Slow, gradual mortality of individual trees favors shade tolerant species (sugar maple, beech) that can germinate and become established in the duff, or undisturbed leaf litter of the forest floor, and compete in the presence of a mature overstory. A storm microburst that uproots a small group of trees gives the advantage to species (black birch, red maple) that can become established in partial to full sunlight and may be more competitive where some bare mineral soil is exposed. An intense disturbance, such as a crown fire or clearcut, will favor species (aspen, pitch pine) that are adapted to full sunlight for best development. These species are unlikely to be able to compete unless an intense disturbance removes both overstory and understory trees.

SINGLE TREE DISTURBANCE

STAND REPLACEMENT DISTURBANCE

REGENERATION HANDBOOK

11

Disturbance–The Agent of Change
Disturbance Frequency. The frequency of forest disturbance can vary from yearly (single tree mortality), to decades (drought), to once a century (hurricanes). Indeed, many of the stands in state forests are currently managed on 100-200 year intervals between regenerations. This is similar to the return cycle for major hurricanes in southern New England. In contrast, forests in Connecticut burned an average of once every 7 years before the 1920s. Before modern forestry practices became widespread in the early 1900s, many stands were cut every 30-60 years for firewood and charcoal production. Frequent cuttings in younger stands of dense saplings and poles for fuelwood or biomass certainly favors those species that can regenerate rapidly from root or stump sprouts such as oak and some shrub species (blueberry). Species that compete well as seedlings and saplings in partially shaded conditions, such as red maple and white pine, may benefit from disturbances every decade or so, in which the upper canopy is “re-opened” in stages as the mature forest is removed. Examples of intermediate term frequencies include drought, ice storms, and partial cutting. Stands in which disturbances do not occur over long periods of time ultimately tend to be comprised of mostly shade-tolerant, slow-growing species with long life spans. These species, such as hemlock, beech and sugar maple create thick dense canopies that prevent sunlight from reaching the forest floor, holding in the soil moisture, and effectively out-competing shade-intolerant species.

12

REGENERATION HANDBOOK

Forest Management
Forest regeneration methods are based on three premises: 1. Natural disturbances vary in type, intensity, frequency, and scale. 2. Each species is adapted to, and will regenerate successfully under conditions created by specific disturbance regimes. 3. Harvesting for forest products is a disturbance. Therefore, it stands to reason that for a harvesting method to result in successful regeneration of a desirable species or mix it should most closely mimic the natural disturbance regime for which the desired species is adapted. Because many species possess adaptations for more than one disturbance scenario they can be expected to have some success regenerating under more than one, or a combination of, harvesting methods. In light of the long-range management goals and objectives for a forested parcel, as identified by the owner, when planning to harvest forest products, a forester should recommend and implement a harvesting method that is most similar to the natural disturbance regimes for which the desired regeneration species are most closely adapted. On the following pages, you will find descriptions of different silvicultural systems, or harvesting and regeneration methods, that are commonly prescribed in Southern New England. They are compared to the natural disturbance regimes they mimic, and a comparative listing of management objective considerations is provided. This listing can be viewed as pro/con or advantage/disadvantage, but that judgment must be made within the context of clearly stated management objectives. Examples of management objectives for any piece of forestland could include such things as: Maximize habitat value for game bird; Increase recreational value; Preserve privacy and aesthetic values; and Maximize periodic income from forest products It is readily apparent even from this partial list that two or more of these objectives can be achieved with an appropriate management prescription. It should also be recognized that some of these objectives might not be compatible with each other within the same stand of trees or even on the same forested tract. So before deciding the pro or con of the consequences of any particular harvesting method, the management objectives and priorities for a stand must be clearly stated.

UNEVEN-AGED (e.g. forest preserve, diameter limit, single-tree selection)

Trees Shrubs Wildlife

Sugar maple, American beech, black and yellow birch, eastern hemlock, basswood, pignut hickory Flowering dogwood, mountain laurel, hobblebush, striped maple, witchhazel, ferns Pileated woodpecker, flying squirrels, Acadian flycatcher, Cerulean warbler, Scarlet tananger

EVEN-AGED (e.g., shelterwood, clearcut, coppice with standards)

Trees Shrubs Wildlife

Oak, eastern white pine, black cherry, paper birch, white ash, tulip-poplar, aspen, eastern red cedar Beaked hazelnut, sheep laurel, staghorn sumac, blackberries, blueberries, sweet fern, huckleberries Red-tailed hawk, indigo bunting, white-tailed deer, eastern bluebird, cedar waxwing, eastern cottontail

REGENERATION HANDBOOK

13…...

Similar Documents

Free Essay

Fact

...hechos por el astrónomo belga Jean Meeus, Jenkins sugiere que la progresión del sol a través de la zona del ecuador de la Vía Láctea cubre una zona correspondiente de momento en que se inició en 1980 y termina en 2016. 8  Incluso con un margen de error de más o menos unos pocos años, lo que significa que ya estamos bien en la alineación que los mayas predijeron más de 2.000 años atrás. ) ¿Qué tal un raro momento de la historia astronómica significa en nuestras vidas hoy en día? La verdad es que nadie sabe a ciencia cierta. Nosotros No puede, porque nadie vivo hoy en día tiene una experiencia directa de la última vez que algo así sucediera. Lo que sí tienen, sin embargo, son buenos indicadores de lo que podemos esperar. Tenemos facts.10 TIEMPO FRACTAL Cuando nos casamos con los hechos de la ciencia de hoy con la sabiduría y los registros históricos del pasado, nos encontramos con una historia que es casi más allá de la creencia. Es la historia de un viaje, el viaje-que se inició hace mucho tiempo que ha tomado más de 256 generaciones y cinco milenios para llegar al final. Ahora que lo está haciendo, descubrimos que el fin es en realidad el inicio de un nuevo viaje. Quizás poeta y visionario TS Eliot describe mejor la ironía de un fin de ser un comienza: "No cesaremos de explorar / Y el fin de toda nuestra exploración / será llegar al punto de partida / y saber el lugar por primera vez. " 9 Si bien la historia de un mundo cambiante edad basado en la......

Words: 5477 - Pages: 22

Free Essay

Facts

...inverter. Pulse Width Modulated (PWM) technique may be used to control output rms voltage of the inverter. As the load is variable, the power consumed by the load (PL) may be smaller than the power generated from the renewable energy source (PR). Therefore a Flexible AC Transmission System (FACTS) Controller may be used to supply the additional power (PR – PL) from the renewable energy source to the grid. On the other hand if the power consumed by the load (PL) is greater than the power generated from the renewable energy source (PR) therefore the same FACTS controller may be used to absorb the additional power (PR – PL) from the grid to the load. In this case the FACTS controller must allow bi-directional power flow. If all the active houses are connected to the grid in the same way (proposed way), the active houses that generate more power than the load can be supplied to the active houses that generate less power than the load. Therefore a suitable FACTS controller should be designed in such a way that it can control the power flow in both directions. The idea is illustrated in the following figure. 1.2 Objectives: • Study on different FACTS controllers • Study on different renewable energy sources • Study on different energy storage devices • Study on different types of inverters • Implementation of all these resources in a smart......

Words: 12772 - Pages: 52

Premium Essay

Limiting Factor

...Limiting factor is defined as any factor which limits the activities of the organization. (http://articles.getacoder.com/Limiting_Factor_Analysis_628617x1191737768.htm, July 2010) The most common limiting factor is the sales volume because a company cannot sell the entire product it manufactures and this analysis help companies to identify bottleneck resources and use best combination of available resources to maximize profit as well as limiting factor in an organization or a company. (http://articles.getacoder.com/Limiting_Factor_Analysis_628617x1191737768.htm, July 2010) Examples of limiting factors are shortages of supply of a resource and a restriction on sales at a particular price which is depending on the circumstances of the case such as cash, raw materials, skilled labour, land and equipment as well. (http://business.fortunecity.com/discount/29/budg1.htm, July 2010) Let’s suppose raw material N is in short supply. For instance, Product A’s sales price is RM100 while Product B’s sales price is RM200. Product A’s variable costs is RM50 while Product B’s variable cost is RM135 Contribution Per Unit, A is RM50 ; Contribution Per Unit, B is RM50 N used per unit of A is 10 Kg ; N used per unit of B is 20 Kg Therefore: Contribution per Kg A is 50/10 = 5 whereas contribution per Kg B is 65/20 = 3.25 As you can see Product A Contribution per Kg is greater than that of Product B, so every effort should be made to produce as much units of Product A as possible. After......

Words: 295 - Pages: 2

Premium Essay

Facts

...of action: Facts: Joseph M. Orlando filed a complaint for slander against fellow attorney, Garrick F. Cole. Allegedly, Orlando suffered harm to his reputation as a lawyer when Cole made false comments to newspaper reporters (oral slander) about his role in an investigation involving a 17-year-old student and a high school basketball coach, Thomas A. Atwater. Cole filed a motion to dismiss the complaint which was allowed. At the time, Atwater was unrepresented and approached Orlando to admit that he had in fact sexually assaulted the high school student. He signed an affidavit and confessed to the police, while Orlando spoke to the media and gave them a copy of Atwater’s affidavit. Cole, who was now representing Atwater, told the same reporters that the affidavit was “inaccurate” and Orlando’s actions were “fraudulent” and “deceitful”. Issue or issues of Law: Are the comments made by Cole reasonably susceptible of a defamatory connotation? Are Cole’s statements ones of fact, opinion, or a combination of both? Holding & Reasoning of Court: In this case, the court concluded that the comments made by Cole are susceptible of a defamatory connotation because the terms used include “inaccurate”, “fraudulent”, and “deceitful”- which all imply misconduct. Orlando’s conduct and Cole’s allegations that the affidavit was “inaccurate” are factual due to the idea that they are capable of being proved false. The statements appear to be based on undisclosed defamatory facts, because......

Words: 362 - Pages: 2

Premium Essay

Law on Facts

...Doctrine of frustration is that it is an unforeseen event which occurs and makes the contract impossible to perform as well as the fact that neither party is at fault nor is it a way to escape a contract or obligation so therefore is not a vitiating factor either. There are several ways where contract may be frustrated this is where for instance impossibility of performance occur due to a frustrating event, so when a it is impossible to carry out the contract as it can be destroyed or inaccessible so due to its existence. The case of Taylor V Caldwell clearly illustrates this aspect where performance was impossible as the building was on fire and therefore this denotes that the contract was frustrated as neither party was at fault and performance was impossible to complete as the building which was hired was on fire so it made the contract frustrated. Secondly a contract may be frustrated if there is the illegality of performance so where it would be illegal to perform a certain act or transaction, so therefore this would frustrate the contract and restrain performance and the case of Fibrosa demonstrates this where a delivery of machines were to be acquired from Poland by England in a period of 3-4 months payment were half transacted, however due to Germany invading Poland and England declaring war on Germany orders in council made Poland an enemy territory which made it illegal for England to trade in Poland this shows illegality of performance and how it can be frustrated...

Words: 1437 - Pages: 6

Free Essay

Facts

...How Facts Backfire In How Facts Backfire by Joe Keohane states that, “facts don’t necessarily have the power to change our minds.” He proves the idea of facts backfiring at various points through out his essay through studies and by giving real life examples. “Backfire,” is the key concept in his essay as he states that it means that any individual has his or her own opinions about certain things regardless of being right or wrong. He advances in saying that it is a phenomenon known as “a natural defense mechanism to avoid that cognitive dissonance.” Keohanes explains that in order for a something to “backfire,” an individual whose opinion about a fact is proven wrong he or she gets defensive and believes they’re even more right than they were before. An example he gives of this in his essay is when Keohane describes a situation in which a group of people were asked if they believed there were WMDs in Iraq. Of all those who answered that they believed there was WMDs in Iraq, would not accept that this was in fact a lie and instead believed that there WMDs were in Iraq even more; regardless of the correction. This situation proves the concept of “backfire,” because it demonstrates the idea that the more an individual has to defend their beliefs or opinions, the more they in turn believe it to be true. He implies that people naturally defend themselves and put up that wall is because of their ignorance. Further stating that, “most of us like to believe that our......

Words: 521 - Pages: 3

Free Essay

The Facts

...-title page • Table of contents • APA style 12 font turnitin.com • First june 1 • Final 10 Despite promising efforts to stop the Gulf oil leak through a 'top kill' effort, a mind boggling amount of damage has already been done to this precious ocean ecosystem. It can be hard to keep track of all the devastating statistics, quotes, and facts concerning this disaster, but it is essential that the public maintain a working knowledge of what's going on, both politically and environmentally. As a people, we must demand change from both an oil industry that drills first and asks questions later, and the corrupt government agencies that let them get away with it. We must also realize that we have encouraged this sort of behavior through lifestyles that are addicted to oil, and an unwillingness to make sacrifices for a cleaner, healthier future. Here are 10 of the most horrifying facts about the Gulf oil spill. Read them and let their gravity weigh heavy on your hearts and minds. Let them motivate you to take action so our planet never experiences this kind of manmade disaster ever again. 1. New estimates show the undersea well has spilled betweendwarf those of BP, who claimed the spill had only released 11 million gallons to date, and mean that the Gulf leak is far bigger than Exxon Valdez, making it the worst spill in American history. 2. The National Wildlife Federation reports that already more than 150 threatened or endangered sea turtles are dead. And......

Words: 778 - Pages: 4

Premium Essay

Myths and Facts

...Interchange Myths and Facts Myth: Interchange fees are a “hidden tax” on consumers. FACT: Interchange fees are neither hidden nor a tax, and are not paid by consumers. An interchange fee is a small fee paid by a merchant’s acquiring bank to a cardholder’s issuing bank as part of an electronic payment card transaction. Interchange facilitates the global electronic payments system and serves as a critical tool to balance the benefits and costs of that system among its participants. This fee allows merchants to enjoy all the benefits they seek from card acceptance, including security, guaranteed payment, fraud protection and speed of service. Each merchant is able to negotiate its own card acceptance costs with its acquiring bank, and similarly, the merchant’s bank and card-issuing bank are also able to bilaterally negotiate their fees. To overcome the inefficiency of thousands of separate negotiations, however, MasterCard sets “default” interchange rates that may be used in the absence of separately negotiated arrangements. MasterCard publicly discloses all of its interchange rates on its website, and merchants are free to disclose these fees to their customers. For further information, please visit www.mastercardmerchant.com. Myth: Reducing and capping interchange will benefit consumers, so enacting the Durbin Amendment is a positive development. FACT: For more than four decades, interchange has been set to balance the costs, risks and rewards of electronic payments for......

Words: 1760 - Pages: 8

Free Essay

Limiting Television

...Limiting Television Time for Children Is the Smart Choice Limiting Television Time for Children Is the Smart Choice Television what a beautiful spectacle with your rich display of colors and deep sound. Truly one of the most impactful inventions of the 19th century. Television has been affecting millions of people young and old since its inception. Since the beginning television has played with all the emotions one possesses whether it was a funny show, heart wrenching news story or sporting event that brought joyful tears. Some love television and others think it offers nothing but negativity. No matter what feelings one has there is no denying the affect television has had on the human race. Unfortunately most of the time that negativity touches the lives of children who are too small to know how to make a good decision when it comes to viewing television. Parents are also putting their children at risk of future problems and might not even realize it. Research suggests that an excessive amount of TV is harmful to children because it affects behavior, hinders development and makes children more susceptible to health problems. Research suggests an excessive amount of television can affect the child’s behavior because when a child is exposed to violence for such a length of time the child has a chance of developing aggressive behavior that can later lead to violent tendencies in their youth as well as into adulthood. When raising a child a parent wants their......

Words: 1866 - Pages: 8

Free Essay

Proposed Law Limiting Adware and Spyware

...Recommendation for Law Proposal: Limiting Adware and Spyware James S. Dunmire Management 520 Professor Michael Carr June 11, 2015 The Law that I am Proposing The law that I would propose for e-commerce is to severely restrict unsolicited adware. Adware that is often bundled on an e-commerce site gets downloaded on the consumer’s computer without their knowledge or consent. “Internet companies, whose apparent "business model" is the exploitation of consumer trust and ignorance, are sneaking their spyware systems into our machines for their own purposes”(GRC, n.d). This is not only extremely annoying to the user; it can compromise the user’s security and corrupt the software. This Adware can also contain or be classified as spyware, a type of malware that is considered by many to be privacy-invasive. Spyware can steal a user’s information or corrupt the user’s system files (pc tools, n..d.). Spyware is also difficult to remove once it has been downloaded onto the PC. Many users inadvertently download spyware or adware when downloading other programs. Many popular peer to peer applications and other software packages include adware or spyware packages. Even seemingly innocuous programs such as special cursors can contain spyware. In addition, many websites and advertising banners set cookies on the user’s system that track their web usage without their knowledge or consent (Secure Perdue, n.d.). Spyware is not an illegal type of software in any way.......

Words: 645 - Pages: 3

Premium Essay

Experiment 8 Limiting Reactant

...Limiting Reactant (Experiment #8) CHM 1045L Lucy Garcia Misturah Abdulkareem, Alexander Gonzalez, Oluseun Fajimolu Dr. Abuzar Kabir Purpose/Abstract The purpose of this lab was to determine the limiting reactant in a mixture of to soluble salts and the percent composition of each substance in a salt mixture. Procedure/Method First, we were to measure and record the mass of a beaker, then transfer about 1 gram of the salt mixture into the beaker, measure, and record the combined mass. Then, we had to fill a 400-ml beaker with deionized water and test it to make sure that the ph was just basic. We then combined the deionized water and salt by adding about 150ml of the deionized water to the salt mixture. We then stirred the combined mixture for about 2-3 minutes and then let it sit so that the precipitate would settle. After it settled, we covered the beaker with a watch glass and warmed it up on a hot plate at 75C for about 15 minutes, periodically stirring the solution. After 15 minutes, we removed the beaker from the heat and allowed the precipitate to settle again. While we waited for the precipitate to settle, we prepared wash water by heating up about 30 ml of deionized water at 70-80C. We then placed filter paper in a filter funnel to set up gravity for filtering. On the side, we took some of the solution’s supernatant and half-filled two test tubes using a pipet. Thereafter, we took the rest of the solution......

Words: 1372 - Pages: 6

Premium Essay

Facts and Figures

...Control System are ­ 1. Definition of Goals: Portraying with precision, the overall aims of the business and determining targets of performance for each section or department of the business. 2. Defining Responsibilities: Laying down the responsibilities of each individual so that everyone knows what is expected of him and how he will be judged. 3. Basis for Performance Evaluation: Providing basis for the comparison of actual performance with the predetermined targets and investigation of deviation, if any, of actual performance and expenses from the budgeted figures. It helps to take timely corrective measures. 4. Optimum use of Resources: Ensuring the best use of all available resources to maximize profit or production, subject to the limiting factors. 5. Co­ordination: Coordinating the various activities of the business and centralizing control, but also making a facility for the Management to decentralize responsibility and delegate authority. 6. Planned action: Engendering a spirit of careful forethought, assessment of what is possible and an attempt at it. It leads to dynamism without recklessness. It also helps to draw up long range plans with a fair measure of accuracy. 7. Basis for policy: Providing a basis for revision of current and future policies. 5. WHAT ARE THE DISADVANTAGES/LIMITATIONS OF THE BUDGETARY CONTROL SYSTEM? 1. Estimates: Budgets may or may not be true, as they are based on estimates. The assumptions about future events may or may not actually......

Words: 2336 - Pages: 10

Premium Essay

Facts

...100 Facts about Islam 1. "Islam" means "surrender" or "submission". 2. "Salam" (wh ich means "peace") is the root word of "Islam". In a religious context the word "Islam" means "the surrendering of one's will (without compulsion) to the true will of God in an effort to achieve peace". 3. "Muslim" means "anyone or anything that surrenders itself to the true will of God". 4. Everything in nature (trees, animals, planets, etc.) are "muslims" because they are in a state of surrender to God's will. In other words, they are fulfilling the purpose for which God created them. 5. Islam is not a new religion or cult. It is a universal way of life and civilization 6. Studies show that between 1.5 and 1.8 billion people in the world identify their religion as Islam. Along with Judaism and Christianity it traces its roots through Prophet Abraham and back to the first humans Adam and Eve. 7. Islam is a complete way of life that governs all facets of life: moral, spiritual, physical,intellectual, social, economical, etc. 8. Islam is one of the fastest growing religions in the world. 9. "Allah" is an Arabic word that means "God". 10. Muslims also believe that "Allah" is the personal name of God. 11. Allah is not the God of Muslims only. He is the God of all people and all creation. 12. The Islamic concept of God is that He is loving, merciful and compassionate. 13. . Islam also teaches that He is all-knowing and the perfect judge of......

Words: 1943 - Pages: 8

Premium Essay

Exclusion and Limiting Clauses

...Exclusion And Limiting Clauses INTRODUCTION A clause may be inserted into a contract which aims to exclude or limit one party's liability for breach of contract or negligence. However, the party may only rely on such a clause if (a) it has been incorporated into the contract, and if, (b) as a matter of interpretation, it extends to the loss in question. Its validity will then be tested under (c) the Unfair Contract Terms Act 1977 and (d) the Unfair Terms in Consumer Contracts Regulations 1999. A. INCORPORATION The person wishing to rely on the exclusion clause must show that it formed part of the contract. An exclusion clause can be incorporated in the contract by signature, by notice, or by a course of dealing. 1. SIGNED DOCUMENTS If the plaintiff signs a document having contractual effect containing an exclusion clause, it will automatically form part of the contract, and he is bound by its terms. This is so even if he has not read the document and regardless of whether he understands it or not. See: Struggling with your Law studies? We can help! Have a look at our huge range of products and services that may be useful when planning your next law assignment or essay. Law Essay Writing Service Essay Marking Service Our Guarantees Our quality promise Freelance Writing Jobs Place an Order L'Estrange v Graucob [1934] 2 KB 394. However, even a signed document can be rendered wholly or partly ineffective if the other party has made a misrepresentation......

Words: 2419 - Pages: 10

Free Essay

Facts

...Facts about: Raytheon Trust Computer Solutions Thin Client Solution  Raytheon Trusted Computer Solutions (RTC) is part of Raytheon’s Intelligence and Information Systems business. Trusted Computer Solutions became part of Raytheon in November 2010 and is one of eight companies Raytheon has acquired since 2007 to support the delivery of end-to-end cybersecurity solutions.  RTCS develops and deploys cross domain solutions that enable government and civilian agencies to share and access information securely across multiple classified networks at different classification levels. RTCS’ certified and accredited cross domain solutions help customers protect sensitive and classified information while ensuring that the sensitive information gets to the correct people in a timely manner.  In support of homeland and corporate security, the fast-paced exchange of data to foster seamless global collaboration has resulted in a need to access an increasing number of disparate classified or sensitive networks. Trusted Thin Client (TTC) is the most robust, flexible, and secure mechanism to allow and protect this multi-layered access.  TTC provides end users access to all allowable networks from a single pane of glass – whether from a single monitor or from multiple monitors. No longer is it necessary to utilize a switching mechanism, such as a keyboard, video, mouse (KVM) switch, or to look at information on one security level and note down or recall the material when switching to......

Words: 490 - Pages: 2