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Last week, the 34th Annual Data Protection and Privacy Commissioners’ Conference was held in Punta del Este, Uruguay. The event brings together international regulators whose mandate is to uphold individuals’ rights to privacy. Preceding the official gathering of data protection authorities was The Public Voice, a daylong event hosted by an international coalition of civil organizations, with the Electronic Privacy Information Center taking the lead on organizing events this year. EFF, a part of this coalition, delivered a presentation during a panel discussion about global developments in privacy standards.
In a digital age marked by ever-increasing advancements in biometric identification, online surveillance, behavioral targeting, geolocation and other emerging technology and practices, there is a new urgency for strong standards that give individuals control over their personal information, particularly since it can be collected, aggregated, and used without their knowledge in the digital realm.
The privacy events featured discussions on the ongoing development of international standards as well as the growing threats to the fundamental right to privacy in the digital age. Below are some highlights from the civil society event and the data protection commissioners’ conference.
Strengthening EU Data Protection Regulation
At the Public Voice Conference, Article 29 Working Party Chair Jacob Kohnstamm, chairman of the Dutch Data Protection Authority, said the draft European Union Data Protection Regulation now under consideration should be strengthened. In particular, he said it was important to ensure that the concept of “explicit consent” – when data collectors get permission from individuals to collect personal information, rather than just assuming that consent is implied – is not weakened. He also said the Article 29 Working Party would issue an opinion early next year regarding a provision on “purpose limitation,” which governs how entities may use the information they collect. Kohnstamm said the draft regulation currently appears to contain a loophole that is too permissive and should be addressed.
Safeguarding Privacy in Countries with Weak Rule of Law
Speaking at the Public Voice event, attorney and human rights advocate Renata Avila, a Global Voices contributor, said the need for data protection regulations is both more acute and more difficult to obtain in Guatemala. With a fragile government that cannot even be counted on to enforce the law effectively in cases of murder, there is a particular need in Guatemala for individuals to have assurance that their personal information is not being misused or collected without their consent, especially by private security companies.
Security measures such as surveillance cameras and collection of biometric information are increasing in response to violence. All of this is occurring in a context where no specific law for the protection of personal data exists, and the dominant mindset is that any move to protect individuals’ personal rights to privacy is contrary to the goals of security.
Yes, Consumers Really Do Care About Privacy
Do consumers really care about privacy? Two speakers, Frank Torres and Brad Smith from Microsoft, addressed this question and concluded that the answer is yes, even if consumers also like the personalization that can be a product of practices like online behavioral advertising. According to a Pew research study referenced by Torres during the Public Voice Conference, 54 percent of consumers decided not to install phone apps because of concerns about sharing of information, while 30 percent uninstalled mobile apps due to privacy concerns. Smith, who spoke at the privacy commissioners’ conference, said Microsoft conducted its own research, too. “We thought it would make sense to go back & learn what consumers want,” he said. “What we found in the United States, the United Kingdom, France and Germany is that most people believe tracking goes too far.”
Surveillance Technology is Big in Africa
During the Public Voice conference, Gus Hosein of Privacy International described how shocked he and colleagues were when they started going to surveillance technology trade shows as part of the Big Brother, Inc. project to learn which governmental agencies were interested in shopping for software that has the capability to be used for repression. One notable attendee was a representative from the government of South Sudan, which became an independent state a mere six months ago. Notably, it was mostly British and German firms that were peddling the surveillance kits, he added. At the privacy commissioners conference, Hosein shared some of his research on vendors of biometric technology, which is increasingly being used in refugee camps. He noted that the UN Democracy Fund had bankrolled biometric voter registration in Benin, Cape Verde, Comoros Islands, The Democratic Republic of the Congo (DRC), and Sierra Leone. In the DRC, $40 million was spent on biometric kits while $101 million was spent for voter registration – but a leaked report revealed that inaccuracy was a glaring issue, with 700,000 double registrations.
Privacy Implications of Big Data
Security expert and author Bruce Schneier, who spoke at the Public Voice Event, said he thought more attention should be devoted to the privacy implications of big data, which makes it possible for data collectors to identify and classify individuals based on their habits. “As soon as we involve a computer, data is generated,” Schneier explained. “Data is a byproduct of socialization.” He added that the low cost of data storage has helped give rise to big data. It’s cheaper to save everything just in case it might be valuable, he said, than to figure out how to sort and cull valuable information. “That’s why we have big data.”
In all, both The Public Voice and the 34th Annual Data Protection and Privacy Commissioners’ Conference presented a rare and important opportunity for advocates working on privacy issues to convene, share information about developments in privacy standards throughout the world, and get their message across to world governments. At the Public Voice Event, EFF delivered a presentation on U.S. developments on the protection of privacy in the form of the Obama Administration’s proposed Consumer Privacy Bill of Rights framework. As we noted, there is still a long way to go before adequate standards are in place to safeguard individual’s personal information in the digital realm. But with a global coalition of privacy advocates on the case, the voice of the public interest will not go unheard. | https://www.eff.org/deeplinks/2012/10/privacy-takes-center-stage-uruguay |
III Honors 18 April 2016 The Great Debate: Privacy vs National Security In the digital age, the citizens of the United States are torn between which they value more: privacy or national security. On one hand, the people need to be safe from cyber attacks and terrorism, while on the other, the government should be aware of the privacy of the people it governs. The government should not go so far in protecting the country that it interferes with the personal lives of the citizens. There needs to be
Importance of personal information and how people feel about it Undoubtedly, personal informations are critical to all of everyone. People want their personal datas to be protected so that others won’t have access to them without permission. Otherwise, leak and misuse of personal informations can lead to serious consequences. Individuals and organizations can use other people’s personal informations without their allowances, which can be harmful to the livelihoods of these people. For example, | https://www.bartleby.com/essay/Government-Surveillance-vs-Personal-Privacy-F3CT3NNYVC |
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During his RSA Conference keynote, Juniper CEO Rami Rahim encouraged leaders to be "agents of change" that embrace automation in cybersecurity and new training techniques. | https://searchcio.techtarget.com/info/news/Enterprise-data-privacy-management |
Click to learn more about author Jay Ryerse.
Since working remotely became the norm last year, organizations have been sharing and storing even more private data online than ever before. While IT teams have been working tirelessly to keep that data secure, cybercriminals have been working just as hard to undo that security. With rising threats, it’s clear that the age of data privacy and security is now.
Along with continuing to educate colleagues and customers that data privacy should be built into everything they do, service providers need to fully immerse themselves into the threat landscape and the best practices associated with securing data. Without cybersecurity, there is no such thing as privacy. This deep dive includes the governance aspect of data protection as well as the technical and physical controls necessary for the confidentiality, integrity, and availability of data.
Additionally, consumers and businesses need to start asking the tough questions of their vendors. They need to understand the supply chain for the services they outsource and what those companies are doing to provide the best-in-class cybersecurity protections. If those vendors don’t believe they are at risk, then it may be time to find a new provider.
What else can organizations do to manage teams operating remotely across the world, continue to add more private data to online environments and keep all information safe and secure? In honor of Data Privacy Day, we spoke to eight experts to find out.
Lex Boost, CEO, Leaseweb USA
2020 saw a boom in remote workforces for companies spanning most industries and sub sectors. Businesses shifted, en masse, from having a system in place for remote work as the exception, to remote work as the rule. This shift caused many businesses to solve immediate issues of business continuity, on both the large and minute scale. Data Privacy Day comes as we all begin settling into the comfort of normalcy of remote working, and provides an opportunity for business leaders to consider whether their current hosting solutions are meeting business needs.
Companies should take this opportunity to reassess their current office environment and corresponding data strategies. Organizations leveraging an on-prem Data Strategy should consider restructuring to a data center model. As office spaces continue to remain largely unoccupied, the security of data housed on-premises increases in vulnerability–both to malicious actors and to unforeseen events like natural disasters. A hosting provider can offer a variety of solutions and configurations (i.e. dedicated servers, hybrid cloud, colocation, etc.) that moves your data to an offsite location with enhanced physical and cybersecurity measures.
Many hosting providers have the extra layer of protection by offering 24/7 security-related support services to guarantee your data is secure at all times. Hosting providers are required to comply with critical and stringent standards such as ISO 27001, SOC type 1, HIPAA, GDPR and CCPA. The physical buildings where the data centers are located are also typically gated, and require identification to enter.
During Data Privacy Day this year, it’s important for organizations to remember that protecting data doesn’t have to be a job done alone. As we continue to telecommute, it is important to rely on hosting providers for an extra layer of protection and peace of mind.
Trevor Bidle, CISO, US Signal
A major boost in remote workforces over the past year was accompanied by a substantial rise in cybercriminal activity. In 2019, a survey revealed that 83 percent of organizations were hit with a cyberattack. In 2020, that greatly increased, with more cyberattacks reported in the just the first half of 2020 than the entirety of 2019. This Data Privacy Day is a great opportunity for companies to take heed of these cyber risks and implement a robust Data Management solution — or update their current one.
Modern Data Management solutions in 2021 should include disaster-recovery-as-a-service (DRaaS) and automatic data backup archive-as-a-service (AaaS). AaaS benefits from the ability to render data immutable to protect it from cyberattacks – and securely store data without increasing bandwidth costs.
These solutions should also incorporate vulnerability management tools. Traditionally, these tools were programmed to be reactive. However, best-of-breed solutions should utilize threat intelligence to become proactive and identify and prioritize vulnerabilities dependent on their criticality. This allows companies to recognize their systems’ weak points and rectify them before the cybercriminals spot them.
In 2021, data center providers should provide Data Management solutions that offer an array of features, including the traditional and the innovative, to ensure that a company’s data is protected regardless of the attack method the cybercriminal chooses. As the danger of cyberattacks continues to grow in the new year, it is important to revisit your Data Management and security approaches to keep one (or more steps ahead) of digital adversaries – and ensure data privacy for your employees and customers.
Laurent Fanichet, VP of Corporate Communications, Sinequa
We understand that for some organizations, data privacy requirements like GDPR and CCPA can feel like a burden, however necessary. Still, we caution businesses to avoid the trap that compliance requirements are antithetical to using enterprise data to gather valuable business insights. As privacy and protection regulations continue to evolve, Data Privacy Day is a reminder to companies that creating a comprehensive view of all enterprise data is necessary to maintaining compliance. You cannot protect what you cannot see.
Especially in a remote work environment, it is imperative to recognize the differences between strong governance practices that protect data, and the insight mechanisms needed to leverage the data into broader insights that have direct benefit to business growth. This is exactly where technologies like intelligent search and natural language processing are even more critical in helping workers to consistently find, evaluate, associate, and retrieve information across business units, while protecting and sustaining the highest levels of data privacy.
Sam Humphries, Security Strategist, Exabeam
With organizations considering ‘immunity passports’ to get employees safely back to work, companies are going to have to maintain a delicate balance between protecting the health and privacy of their teams. New legislation such as California’s AB685 order – which mandates employers must tell workers in writing that they may have been exposed to the virus – requires businesses to establish an exposure notification system or face a fine. Naturally, some employees might be concerned about data privacy in the workplace and personal health data being exposed. On this year’s Data Privacy Day, I would encourage employees to tackle this problem head on as we all look forward to getting employees back into the office.
In order to alleviate an employee’s worry about health information being revealed, be sure to be transparent about data monitoring and craft policies for employees that are accessible either through paper or digital training. Reassure the team that exposure notification will not violate HIPAA and all names will remain anonymous. Content on the process should avoid confusing jargon and feature an appropriate contact person who can answer all questions.
Companies also need to make sure that exposure notification systems are compliant with not only AB685, but data privacy regulations such as CCPA, GDPR and HIPAA. Utilizing existing technologies in their arsenal such as security analytics, organizations can establish exposure notification without the need for additional investment or worry about breaking compliance laws. This particular approach will help organizations identify individuals’ movement around the physical office based on Wi-Fi connections, scans, etc. – and determine who may have been exposed. Without naming the individual who has the virus, companies can make sure employees know when to quarantine and work from home.
The path forward back to the office from COVID-19 must include data privacy. Data Privacy Day should serve as a reminder that even when things go back to some semblance of ‘normal,’ it is good to be open and honest with employees on current privacy policies. Regular audits should also be conducted during this time, like when new laws such as the AB685 extension emerge. This will reassure skeptical employees that both their health and digital data are protected, while the organization is also being safeguarded.
Josh Odom, CTO, Mailgun
In honor of Data Privacy Day 2021, it’s time we broke down the most prominent privacy regulations and how they play into the data-saturated world of email marketing. The EU’s General Data Protection Regulation (GDPR) covers several lawful bases for data processing, and consent is one of them. As email marketers, we need to shift our understanding of consent from permanent to dynamic. This means that consent under GDPR is specific to the activity. We must ask ourselves: do I have permission to send marketing messages to them? Are they expecting my emails?
Even a scammer would need my explicit consent to continue sending me spam. While this might frustrate email marketers, customers must also have the option to withdraw consent (objecting to use of information for direct marketing) if they decide they don’t want to hear from you anymore. But why would you want to talk to someone who isn’t interested in what you have to say anyway?
The requirements for the U.S.’s California Consumer Privacy Act (CCPA) echo the importance of consent. Email marketers must be explicit about any information collected or sold from the exchanges with the California-based contact — and work with their sales teams to ensure that contact receives the same quality service at the same price as all prospects, regardless of their privacy decisions.
Whether you’re looking to optimize your GDPR and CCPA compliance or just getting started in email marketing and want to ensure you’re on the right path, prioritizing steps into actionable pieces is the way to go. Confirming consent with existing contacts and protecting data with proper security measures can seem overwhelming, but when in doubt don’t hesitate to reach out for advice or to a lawyer that specializes in data protection.
At the end of the day, what matters is keeping your contacts informed at all times of what’s being done with their information. Having a trail of documentation that you can show to prove this will prepare you in case you’re audited for compliance purposes. There is no one-stop shop for achieving compliance, but we hope these tips will help our email marketing friends this Data Privacy Day — and far beyond.
JG Heithcock, GM, Retrospect, a StorCentric company
According to IBM, the average cost of a data breach in 2020 was $3.86 million. After a year rife with economic uncertainty, massive shifts of data to the cloud and an increase in remote workers, ransomware and phishing attacks have grown exponentially. Cybercriminals have leveraged information about COVID-19 testing, research and vaccine rollout to lure victims with phishing attacks, increasing the attack surface faced by organizations who might be operating with lean teams and limited resources.
As business leaders look to secure their data, an arsenal of standard practices will protect sensitive and important information from ransomware and other cyberattacks. By maintaining proper password hygiene and vigilance around suspicious email addresses, requests and links, employees can reduce the risk of phishing and other data privacy violations. When organizations incorporate the added layer of maintaining an effective backup strategy with a 3-2-1 backup rule, organizations are better equipped to store sensitive information, which can be recovered quickly, easily and safely to avoid disruption.
Surya Varanasi, CTO, Nexsan, a StorCentric Company
In 2020, organizations were forced to rapidly shift to remote work models in response to COVID-19. As we contemplate safe returns to the office, many organizations will explore either full or hybrid remote work options for this year and into the future. With an increased reliance on the cloud and a distributed enterprise, new challenges are brought on by an expanding threatscape spurred by cybercriminals looking to exploit the pandemic for their gain.
In order to fight the mounting threats and protect their data, organizations must combine known best practices with modern technology. Once those are in place, incorporating unbreakable backup solutions will serve as a last line of defense, allowing organizations the ability to recover, maintain uninterrupted operations and avoid paying ransoms should they be attacked. This way, sensitive information is kept safe and business continuity remains intact.
David McNeely, Chief Strategy Officer, Centrify
Beginning the year by observing Data Privacy Day serves as an excellent reminder for organizations to explore the mounting threats to their data and systems, and review the security of their credentials. This year, it’s imperative to note that the exponential growth of non-human identities means human users are not the only identities that can or will have access to sensitive data, often leaving credentials with broad privileges open to compromise. As the threatscape continues to expand, organizations must realize the importance of securing all identities including humans, machines, services, APIs, etc., which often provide privileged access to sensitive data.
Complexities around protecting and securing identities have been compounded by the industry’s mass shift to remote work and disbursement of security teams. Additionally, as modern organizations continue to expand automation’s role in DevOps and cloud environments, organizations must protect their credentials by following best practices to reduce the use of shared passwords, implement multi-factor authentication, strive for zero standing privileges, and adopt a centralized privileged access management (PAM) solution.
Authentication methods such as federation, ephemeral tokens, and delegated machine credentials can also help to reduce the overall attack surface and seamlessly incorporate PAM into the DevOps pipeline. When combined with a least privilege approach, these best practices and modern solutions can improve an organization’s security posture, minimize the risks of compromised credentials, and ensure data privacy for both the organization and its customers, throughout 2021 and for the long term. | https://www.dataversity.net/data-privacy-day-2021-tech-experts-provide-tips-to-stay-safe/ |
The digital revolution has transformed the way we live. Now it’s time for our privacy laws to reflect that.
Last week, a coalition of 13 political organizations sent a letter to the Senate Judiciary Committee, urging its members to finally give the U.S. privacy rulebooks a digital update.
The information age has brought great prosperity to the world, but it’s also raised legitimate concerns regarding privacy rights. In light of the war on terror, oftentimes those privacy rights are undermined. Should the federal government be able to track the internet activity of all Americans, without a warrant? Is it the right of the U.S. government to take the email data of foreign nationals without consulting the respective sovereign nation, even if they’re a close ally to the United States?
Those are just a few of the questions Congress needs to clarify in the information age, and they need to act now. After all, the current system for U.S. law enforcement data search and seizure is based on the antiquated 1986 Electronic Communications Privacy Act. That’s like referring to a Polaroid original camera manual to understand Snapchatting in 2017. That’s just not how it works. However, the ECPA doesn’t outline how to take silly pictures with your friends. It provides the government with the authority to read you emails after 180 days.
It’s no surprise that the government isn’t up-to-date like Silicon Valley. Washington is overflowing with bureaucrats, not tech gurus, entrepreneurs and innovators. What’s alarming, however, is the Justice Department’s desire to ignore Americans’ privacy rights, undermine the sovereignty of our allies, compromise the principles of international reciprocity and therefore break down the rule of law. So it’s up to Congress: Enact legislation to ensure digital privacy rights for all Americans or risk the deletion of the Fourth Amendment as we know it.
The Supreme Court has agreed to hear the Microsoft v. United States court case on internet privacy in the coming weeks. After several lower federal courts rightfully ruled on the side of Microsoft and privacy rights, the Justice Department successfully petitioned the Supreme Court to resolve the issue. With privacy rights on the brink and gross misunderstanding of convoluted data protocol, there’s good reason to take this issue to the high court.
The Microsoft court case began when the U.S. government issued a warrant to access the tech giant’s data storage center in Dublin, Ireland. Using the Stored Communications Act, the U.S. government argued the right to access information from technology providers. Last year, a unanimous decision by the Second Circuit of the U.S. Court of Appeals rejected the government’s argument, rightfully citing the well-established precedent that U.S. law applies only within our country’s jurisdiction.
But now that the case is in the hands of the Supreme Court, the final decision will set statutory authority. In order to set the record straight, Congress must act to protect privacy rights. Fortunately, there are bipartisan initiatives in the legislature to make it happen.
Sens. Orrin Hatch (R-Utah) and Chris Coons (D-Del.) re-introduced the International Communications Privacy Act. This bill would establish a clear framework for whether U.S. law enforcement officials can access electronic communications – regardless of the data’s location.
The ICPA would require law enforcement officials to obtain a warrant for electronic communications and clarify that technology providers who receive a warrant must act in accordance to it by producing the requested content. The bill also would create a special rule for individuals outside of the United States by requiring the U.S. government to notify a foreign country if a warrant for electronic communications has been issued in their jurisdiction. A qualifying foreign country – one that meets specific privacy and human rights standards, provides reciprocal access to the United States and doesn’t pose an obstacle to national security – can object to a U.S. warrant if it violates their laws.
By reinforcing digital privacy rights at home, holding the United States accountable to international reciprocity and respecting the sovereignty of foreign countries, the ICPA provides a modern mainframe for the Fourth Amendment.
Similarly, the ECPA Modernization Act would update the current system. Introduced earlier this year by Sens. Mike Lee (R-Utah) and Patrick Leahy (D-Vt.), the bill would reflect the privacy concerns of 2017. As Lee said, Americans “don’t believe the government should be able to always know where they are just because you are carrying a cell phone.”
Those senators aren’t the only government officials concerned with privacy rights. The House of Representatives has seen movement on privacy in the current congressional session, and the support is large and bipartisan. Reps. Kevin Yoder (R-Kan.) and Jared Polis (D-Colo.) reintroduced the Email Privacy Act earlier this year in an effort to combat the government’s warrantless search of private emails. The Email Privacy Act affirms an expectation of privacy for Americans in the digital age and requires the government to obtain a warrant, yet still provides the tools necessary to combat crime.
There is plenty of support for privacy rights in Congress, but our officials need to take action before it’s too late. With the Supreme Court hearing approaching, time is running out. Congress may end up relinquishing its role in securing privacy rights for innocent Americans if the judges decide against the Fourth Amendment. Hopefully America’s representatives know that just like their digital footprints, their record in Congress lasts forever.
Matthew Boyer is the media relations associate with Students For Liberty and a policy analyst for the Consumer Choice Center.
Morning Consult welcomes op-ed submissions on policy, politics and business strategy in our coverage areas. Updated submission guidelines can be found here. | https://morningconsult.com/opinions/congress-must-act-on-privacy/ |
CALIFORNIA CONTINUED ITS long-standing tradition for forward-thinking privacy laws today when Governor Jerry Brown signed a sweeping law protecting digital privacy rights.
The landmark Electronic Communications Privacy Act barsany state law enforcement agency or other investigative entity from compelling a business to turn over any metadata or digital communications—including emails, texts, documents stored in the cloud—without a warrant. It also requires a warrant to track the location of electronic devices like mobile phones, or to search them.
The legislation, which easily passed the Legislature last month, is the most comprehensive in the country, says the ACLU.
“This is a landmark win for digital privacy and all Californians,” Nicole Ozer, technology and civil liberties policy director at the ACLU of California, said in a statment. “We hope this is a model for the rest of the nation in protecting our digital privacy rights.”
Five other states have warrant protection for content, and nine others have warrant protection for GPS location tracking. But California is the first to enact a comprehensive law protecting location data, content, metadata and device searches, Ozer told WIRED.
“This is really a comprehensive update for the modern digital age,” she said.
State senators Mark Leno (D-San Francisco) and Joel Anderson (R-Alpine) wrote the legislation earlier this year to give digital data the same kinds of protection that non-digital communications have.
“For what logical reason should a handwritten letter stored in a desk drawer enjoy more protection from warrantless government surveillance than an email sent to a colleague or a text message to a loved one?” Leno said earlier this year. “This is nonsensical and violates the right to liberty and privacy that every Californian expects under the constitution.”
The bill enjoyed widespread support among civil libertarians like the American Civil Liberties Union and the Electronic Frontier Foundation as well as tech companies like Apple, Google, Facebook, Dropbox, LinkedIn, and Twitter, which have headquarters in California. It also had huge bipartisan support among state lawmakers.
“For too long, California’s digital privacy laws have been stuck in the Dark Ages, leaving our personal emails, text messages, photos and smartphones increasingly vulnerable to warrantless searches,” Leno said in a statement today. “That ends today with the Governor’s signature of CalECPA, a carefully crafted law that protects personal information of all Californians. The bill also ensures that law enforcement officials have the tools they need to continue to fight crime in the digital age.”
Full article: | https://linuxsecurityblog.com/2015/10/13/california-now-has-the-nations-best-digital-privacy-law/ |
Recently the Electronic Frontier Foundation (EFF) announced the formation of the Electronic Frontier Alliance. According to their press release the purpose of this new organization will be:
Bringing together community and campus organizations across the U.S., the Alliance will serve as an increasingly vital hub for activism and organizing addressing a spectrum of civil liberties and digital rights issues.
Everyone at Voices greatly admires the EFF - who as a San Francisco based digital rights group - has long been on the front lines of battling abusive legal threats and government actions to infringe on online civil liberties.
The EFF may be best known for leading the battle against SOPA (Stop Online Piracy Act) that would have a created a "blacklist" of censored websites. These bills were defeated by an enormous online campaign started by EFF and a handful of other organizations, which culminated in the Internet Blackout on the January 18, 2012.
The Alliance will bring together groups pursuing a range of strategies and tactics—from the open source software community, to student groups hosting teach-ins and documentary screenings. They will be united by five substantive principles:
Free expression: people should be able to speak their minds to whom ever will listen.
Security: technology should be trustworthy and answer to its users.
Privacy: technology should allow private and anonymous speech, and allow users to set their own parameters about what to share with whom.
Creativity: technology should promote progress by allowing people to build on the ideas, creations, and inventions of others.
Access to knowledge: curiosity should be rewarded, not stifled.
Voices believes these principles are extremely important, and encourages the EFF and the new member organizations of the Electronic Frontier Alliance to use Voices to help gather and amplify these five points to elected officials - that they are on notice about a growing number of people who care deeply about digital rights. | https://tryvoices.com/blog/2016/4/6/voices-stands-with-the-eff |
The new body has been established to help to advocate for people’s privacy and personal information rights in New Zealand.
The foundation members are all volunteers with expertise or interest in privacy issues, including people from the business, IT, health and legal sectors, as well as from a variety of academic disciplines.
New Zealand’s former Privacy Commissioner Marie Shroff and Associate Professor Gehan Gunasekara of Auckland University Business School are the chair and deputy chair respectively of the newly formed organisation, while other founding committee members are Associate Professor Alex Sims (Auckland University Business School), Alida van Klink (Chartered Accountant, Auckland), Kathryn Dalziel (Christchurch) and Katrine Evans (Wellington), both specialist privacy lawyers in private practice.
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“Also, the complexity of our information environment leads many people to wonder how much control they have in the big data age. They are rightly worried about whether anything is off limits to government and business. They are concerned for the safety and rights of both themselves and their children.
“The Office of the Privacy Commissioner has a crucial and sometimes lonely role in upholding the Privacy Act 1993, in resolving privacy complaints from the public and working to influence government and business practice. While the Foundation is separate from the Office of the Privacy Commissioner and our views may sometimes differ, we expect to be able to complement and support its work in most instances”.
Gunasekara said the foundation was an independent, voluntary organisation and its role would be to “stand outside the system as an informed advocate for public rights. Protecting privacy rights in the digital age is now a priority which will benefit from more independent firepower”.
Foundation activities will include:
- Public statements on data protection and privacy issues of public importance including policy issues and proposals.
- Submissions to select committees of parliament including relevant legislation.
- Representations to relevant business, government and interest groups.
To access the Privacy Foundation’s website and to join and/or to provide support for the Foundation, click here. | https://www.itwire.com/it-industry-news/strategy/77990-privacy-under-the-microscope-in-nz-with-new-privacy-foundation.html?mkt_tok=eyJpIjoiTjJJeE4yTXpOV014TmpJdyIsInQiOiJvY0pzYW1GYkpDWHArZm9mRkEydk1raVhRSkVxQlNZME5hbzhEQWJKSUFJYkJPMGlEVHBHbmJycVhlNXpcL1czQmhnNTI5N3BYS2FZVWRSRm1TQ2hJcmRsa1A4b2tPSkY2MHFsckNtTTJ3N0FQR0NYS2JHOHpOQ2xsUStVRmVQcUEifQ%3D%3D |
This is the ninth post in a series on privacy by Andrew Pery. You might also be interested in:
- Three Critical Steps for GDPR Compliance
- Mitigate Data Privacy and Security Risks with Machine Learning
- The Privacy and Security Dichotomy
- GDPR and Cross Border Data Flows between the EU and the US: Current State of the Law
- Privacy by Design: The Intersection of Law and Technology
- What Do the GDPR and new Privacy Laws Mean for U.S. Companies?
- Balancing Privacy Rights with Social Utility in the Age of the Internet of Things.
- GDPR Compliance Starts with Data Discovery
Consider this – over ninety percent of world’s data, estimated to be a staggering sixteen zettabytes, was created in the past 5 to 6 years. And, it is estimated that by 2025 the world’s digital data will grow to one hundred and sixty three zettabytes.
Digital data pervades virtually every aspect of our lives. A recently published IDC study estimates that by 2025 over 20% of the world’s digital data will be utilized by both public and private sector entities to manage, protect and improve our daily lives through increased investments in a wide range of open data initiatives.
While the social utility of open data is self-evident, there are a number of vexing issues that impact privacy rights. Foremost is the reliability of de-identification protocols that remove personally identifiable information from data sets that are published as part of open data initiatives.
There is a considerable body of recent research that seems to indicate that the application of robust de-identification protocols notwithstanding the risk of re-identification of personally identifiable information is high given rapid advances in technology that make it easier to combine data from multiple sources which, individually may not expose personal data but in combination could compromise privacy rights. In particular, one recent study found that it is possible to re-identify 87% of the US population by simply combining three data points – zip code, gender and date of birth.
Balancing Privacy Rights, Openness, and GDPR Compliance
The challenge faced by open data advocates is balancing privacy rights with the utility of published datasets. The more granular the data set is the more valuable it is for research and analysis purposes. Ensuring proper secondary uses of data sets that safeguard privacy rights is of paramount importance in light of more rigorous privacy regimes such as the General Data Protection Regulation (GDPR) which defines de-identification as data that “can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person”.
What are the best practices and technological measures that should be considered that will meet the GDPR standard?
The first consideration is one of terminology. We must distinguish between two instances of de-identification: anonymization and pseudonymization. The former is designed to remove any association with the data subject through techniques such as masking, generalization and suppression. The latter technique substitutes the identity of the data subject with a token which references additional information.
If properly applied these de-identification techniques exempt de-identified data from the application of GDOR thereby providing policy makers with the latitude to use such data for secondary purposes such as Open Data initiatives.
Given the risks of re-identification GDPR includes an important caveat that limits the use of de-identified data where such data is “reasonably likely to be used, such as singling out, either by the controller or by another person to identify the natural person directly or indirectly.”
The second consideration is the application of de-identification measures that can properly safeguard privacy rights. This requires the application of rigorous protocols that includes an assessment of data risk, the likelihood of re-identification and the utility of the data post de-identification.
Data risk assessment should take into account a number of variables such as the size of the data set, the sensitivity of the information and the granularity of the data set. While direct identifiers are masked and may also be encrypted (such as name, address, social insurance number) indirect identifiers (such as gender, political affiliations) may also be require de-identification through techniques such as generalization that aggregates granular data sets to more generalized values, or suppression which removes certain values from the dataset.
Finally it is important to ensure that data sets intended to public consumption are assigned the highest risk profile to minimize the risks of re-identification by nefarious actors, while data sets indented for non-public uses should be governed by rigorous data sharing agreements commensurate with the sensitivity of the data.
Failure to institute such measures and safeguards may expose organizations to onerous enforcement actions under the GDPR.
A particularly useful resource to assist your organization’s GDPR compliance readiness may be found here.
About the author: Andrew Pery is a marketing executive with over 25 years of experience in the high technology sector focusing on content management and business process automation. Andrew holds a Masters of Law degree with Distinction from Northwestern University is a Certified Information Privacy Professional (CIPP/C) and a Certified Information Professional (CIP/AIIM). | http://info.aiim.org/digital-landfill/guest-post-data-privacy-and-open-data-secondary-uses-under-gdpr |
In the age of big data, concerns surrounding data collection and privacy are at an all-time high. While the need for data regarding the LGBTQ community is critical in understanding the magnitude of issues faced by LGBTQ individuals, as well as the solutions to those issues, many companies are understandably uncertain about how to collect this data in the correct manner.
As those who have pioneered these efforts understand, collecting Self-ID data provides a rich set of benefits that not only enhances the experience of employees on an individual level, it also provides benefits to the workplace as a whole. Self-ID data allows companies to better understand their workforce, attract, recruit, and retain talent, tailor benefits to be inclusive and more beneficial to employees, and observe the impact of diversity and inclusiveness initiatives. However, in charting the journey to collect this data, it is critical to establish safeguards that lay a foundation of success.
During The Economist’s third annual Pride & Prejudice Summit in May, Gretchen Ruck, director at AlixPartners LLP, sat down with Out & Equal to discuss important elements to consider when embarking on a journey to collect LGBTQ Self-ID data. In her role at AlixPartners, Gretchen founded and leads the firm’s cybersecurity and information risk practice, where she champions issues related to data protection, cybercrime and technology risks. Ms. Ruck also serves on the board of directors for the National Center for Transgender Equality.
Combining her expertise in cybersecurity and her advocacy for the LGBTQ community, Ms. Ruck premiered an innovative workshop at the summit, “To Share or Not to Share: Data and Choice in the Information Age”, which stressed the importance building a principles-based approach to collecting and using personal data that creates an affirmative environment for LGBTQ employees.
During her workshop, she described situations in which a fictitious company failed to properly gather, safeguard, or share information concerning LGBTQ employees; thus, triggering consequences ranging from violations of policies and personal rights to the risk of physical harm. Session participants were asked to vote on which, of two options available for resolving the situation, would be preferable. Both options incurred negative outcomes, leaving participants to select the one they felt would be preferential, or, rather, the lesser of two evils.
In our discussion, Ms. Ruck shared that the scenarios were intended to unsettle participants by asking them, as decision makers, to take responsibility for difficult choices. Her goal was to subtly highlight that when companies don’t plan ahead, even those with the best of intentions create conflicts where they’re responsible to mitigate the damage caused. Based on voting selections and questions asked by the audience, she believes this point hit home for many. To view Ms. Ruck’s workshop, “To Share or Not to Share: Data and Choice in the Information Age,” click here.
Out & Equal: Many companies often approach Out & Equal needing guidance on how to begin their journey to collect Self-ID. What do you believe companies should be most aware of when embarking on these initiatives?
Gretchen Ruck: An absence of data is often cited as a reason for sluggish progress on LGBTQ rights. As advocates and influencers, we frequently rely on data collection and storytelling to highlight just how many people are hurt by intolerance and to reinforce the importance of our agenda. To do their part, companies are eager to collect data on LGBTQ employees and to encourage them to share their personal stories openly. However, we should only embark on this path once we first establish good security and privacy practices. Otherwise, we could unintentionally harm the very same people we intend to help.
O&E: So, what can companies do to ensure they lay the right groundwork for collecting LGBTQ data?
Ruck: I recommend considering how five simple, but important, principles can help to ensure your company is adopting good practices from the very beginning —the same best practice concepts that I apply in cybersecurity:
- Privacy – Privacy should be at the foundation of everything you do. Consider where your data lives (which systems process and store the data), and who should (or should not) have access to it.
- Respect – Respect for individuals means recognizing and demonstrating due care for the confidentiality of collected Self-ID information. Give individuals a choice to share or not to share and be transparent and authentic in communicating why this data is being collected, how it’s being used and shared, what safeguards are in place to protect the data and what choices they have in the process.
- Build Trust – Build trust by establishing clear, concise rules. Decide on roles and communicate simple plain-English options and responsibilities, and make certain employees know how their sensitive data is secured end-to-end. Trust is a two-way street where LGBTQ employees and those leading diversity and inclusiveness programs need to understand each other and share a common language and a consistent set of expectations.
- Risk – Through training and reinforcement, develop a culture that is aware of the potential risks of handling and sharing sensitive data. Furthermore, limit sensitive data collection to only that information which is absolutely essential and then strictly control access to the data by providing it only to those who absolutely need it.
- Value – Personal data should be thought of as a valuable asset that you own. When deciding whether to share personal data, such as Self ID, employees should be given enough information to help them determine if they’ll receive a positive return on their investment of data.
O&E: How important is proper data handling and protection to the success Self ID collection and to diversity and inclusiveness programs overall?
Ruck: Information can be a poignant and compelling tool to help drive business goals, support a mission, or even to accentuate the struggles with, and the strengths of, our community. This is also a tool that when used improperly can feed into biases and endanger lives. Wanting to do good is a start; but, as advocates we need to build progress through a thoughtful, considered approach and be responsible stewards of the personal data in which we’re entrusted.
O&E: Finally, where can companies turn for help in building their Self ID collection program?
Ruck: For help in defining, communicating, or validating an organization’s Self ID collection program, I’d recommend they reach out to peers in their industry which have already collected and utilized Self ID information successfully. Alternatively, they could contact Out & Equal, which serves as a workplace advocacy resource center for guidance and advice.
Gretchen Ruck serves as a director at AlixPartners LLP, where she established and leads the firm’s cybersecurity and information risk practice. Ms. Ruck advises IT and business executives, public board directors and equity investors on the impact of cybersecurity threats, privacy and data protection regulations and technology risks. Prior to joining AlixPartners, she held positions at organizations such as Moody’s, Gartner, KPMG and SWIFT.
As a business executive, Ms. Ruck has been an active LGBTQ leader, advocate and mentor and she serves the community as a board member for the National Center for Transgender Equality. Her professional contributions include presenting at industry events, lecturing at universities, leading workshops, contributing to [Obama] White House and global initiatives, and authoring her opinions on security, risk assurance, privacy, leadership, and diversity topics. Ms. Ruck’s insights on current events have been featured in news media, most recently including Bloomberg BNA, The Economist, Financial Times, USA Today, Quartz, Metropolitan Corporate Counsel, The Mirror and Law360. | https://outandequal.org/principles-for-building-a-solid-foundation-for-self-id-data-collection-expertise-from-gretchen-ruck-alixpartners-llp/ |
The Social Media Lab at the Ted Rogers School of Management is pleased to announce the appointment of Dr. Alyssa Saiphoo as a Postdoctoral Fellow. Dr. Saiphoo earned her PhD in Social Psychology from Ryerson University in 2021. Her research interests include social media use and users, social comparison theory and the effects of social media on wellbeing.
Dr. Saiphoo is well-versed in the social media literature, having authored three meta-analyses investigating social media use and well-being, and completing her comprehensive requirement on the relationship between social media privacy concerns and personality. She is an expert in quantitative and qualitative research methodologies and frequently reviews for various journals, including Big Data & Society, Media Psychology, and Cyberpsychology: Journal of Psychosocial Research on Cyberspace.
In her new role as a Postdoctoral Fellow, Dr. Saiphoo will be working on a CRC funded project with Dr. Anatoliy Gruzd and Philip Mai, the co-directors of the Social Media Lab. She will be helping the team to examine the adoption and use of new privacy-preserving technologies such blockchain networks and differential privacy tools and approaches for data sharing by social networking platforms. The goal of the initiative is to better understand how privacy-preserving technologies can be leveraged to benefit Canadians and organizations and deployed to foster digital innovation while still protecting and empowering data and privacy rights. | https://staging.dogeareddigital.com/the-social-media-lab-is-pleased-to-announce-the-appointment-of-dr-alyssa-saiphoo-as-a-postdoctoral-fellow/ |
Federal Privacy Legislation: The Latino Perspective
Thank you to the Congressional Hispanic Staff Association, HTTP member organizations, and expert panelists for making our inaugural Tech Policy Hora Feliz and Panel Discussion a great success!
Hispanic Technology & Telecommunications Partnership in collaboration with the Congressional Hispanic Staff Association joined forces to affirm the importance of the Latinx perspective in the discussion for federal consumer privacy legislation.
Event Details below:
Everything you wanted to know about the future of digital privacy: The Latinx Perspective.
Today’s consumer privacy approach is under debate across the country sparking state and federal solutions to protect consumer privacy. Join HTTP member organizations, in collaboration with CHSA, Center for Democracy & Technology, Hispanic Federation, and MANA (a national Latina organization), for a discussion about the impact these proposals will have on Latinx consumers and the important role that members of the Latinx community can play in shaping the future of consumer privacy protections.
Panelist included: | https://www.httppolicy.org/blog/federal-privacy-legislation-the-latino-perspective |
Free speech is great as long as the government hears everything you say.
Never to let a crisis go to waste, UK Prime Minister David Cameron wants to protect UK citizen’s free speech by banning mobile apps that allow people to speak freely.
RT reports…
During a meeting with Britain’s security chiefs, the Prime Minister pledged to halt the use of communications platforms that can withstand snooping from security services who are in possession of a warrant.
Such software applications focus on popular messaging and social networking apps that deploy encryption techniques to protect users data.
WhatsApp, Apple’s iMessage and FaceTime, which encrypt information in this manner, could all be targeted by the Conservatives’ proposed policy.
Speaking on Monday, Cameron asked whether a platform of communication that is inaccessible by state authorities is wise.
Yes it is wise Mr. Cameron…how can you have free speech with out the right to privacy?
In a climate of heightened mass surveillance, firms such as WhatsApp have remained determined to continue offering encrypted services.
Public awareness about the importance of encryption mushroomed in the aftermath of former NSA computer analyst and whistleblower Edward Snowden’s disclosures on NSA and GCHQ mass snooping.
Civil liberties groups warn attempts to limit the use of privacy tools under the auspices of protecting national security are a violation of citizens’ privacy rights. Privacy rights advocates say encrypted platforms are important tools for campaigners and activists.
In October 2014, Parker Higgern, an activist at the Electronic Frontier Foundation, emphasized the importance of maintaining such privacy tools in an era of mass surveillance.
“It’s essential that the use of encryption, anonymization techniques, and other privacy practices is not deemed a suspicious activity,” he said.
“Rather, it must be recognized as an essential element for practicing freedom of speech in a digital environment.”
References:
http://rt.com/uk/221879-surveillance-whatsapp-facebook-snowden/
The statements, views and opinions expressed in this column are solely those of the author and do not necessarily represent those of The Duran. | https://theduran.com/name-free-speech-uk-pm-cameron-wants-ban-snapchat-whatsapp/ |
Libraries face a number of challenges in protecting the privacy of users, especially students in elementary, middle, and high schools. School libraries offer print, media, and online content to meet students’ educational and research needs as well as to nurture their intellectual curiosity and development. Students’ use of library resources is also incorporated into classroom activities, learning outcomes, and assessment.
School libraries typically are integrated into their district’s administrative and technology infrastructures. Depending on district administration and outside cooperative technology or vendor agreements, school libraries have greater or lesser degrees of autonomy. A lack of autonomy may make it difficult for librarians to implement policies and procedures to protect student privacy in regard to the use of library systems, applications, and collections. In addition, state and federal laws regarding library records, educational records (e.g., the Family Educational Rights and Privacy Act (FERPA), and the online activities of minors (e.g., the Child Online Privacy Protection Act (COPPA) have both positive and negative impacts on the privacy rights of students. For example, FERPA defines explicit rights to privacy for students and minors but at the same time grants schools and parents access to, and oversight over, student records that weakens these privacy rights.
ALA issues these guidelines to provide school libraries with information about appropriate data management and security practices in respect to student use of library collections and resources in order to strengthen student privacy protections.
Protecting user privacy and confidentiality has long been an integral part of the intellectual freedom mission of libraries. The right to free inquiry as assured by the First Amendment depends upon the ability to read and access information free from scrutiny by the government or other third parties. In their provision of services to library users, librarians have an ethical obligation, expressed in the ALA Code of Ethics, to preserve users’ right to privacy. Librarians and libraries may also have a statutory or regulatory obligation to protect library users’ personally identifiable information and data from unauthorized disclosure and use.
Students’ and minors’ First Amendment rights to free inquiry and privacy must be balanced against both the educational needs of the school and the rights of the parents. As students and minors mature, it is increasingly important that they are provided with opportunities to exercise their curiosity and develop their intellect free from the chilling effects of surveillance by educators, peers, parents, or commercial interests. As students begin to participate more fully in the online world, they must develop an appreciation for their own privacy and a corresponding respect for the privacy of others.
It is important for libraries to develop privacy policies for student use of library resources that are adopted by both the library and the school’s policy-making body. Students should be notified about library privacy policies when borrowing materials or accessing resources for the first time and as appropriate when there is a change in services, policies, or access. Library privacy policies should be made easily available and understandable to students in an age-appropriate manner. Safeguarding user privacy requires that staff keep all in-library use and reference questions confidential and assure that there is no monitoring by staff or peers of what students are reading, viewing, or researching while in the library.
School librarians should conduct privacy audits to determine the current threats to student privacy and what protections are already in place. The audit should cover the library management system; computer and network use in the library; eBooks and other online content; interactive Web tools; social media; and other technologies such as scanners/photocopiers and surveillance cameras. The results of the audit can be used to help create or revise privacy policies.
Libraries should limit the amount of personal information collected about students. Libraries should collect the minimum amount of personal information required to provide a service or meet a specific operational need. Libraries should not build services or resources using sensitive personally identifiable information that, if leaked or accessed by an unauthorized party, could prove detrimental to the user’s privacy.
Personally identifiable information should not be retained in perpetuity. The library should establish record retention policies specifying how long to retain different types of data and specifying methods for securely destroying data that is no longer needed. Retention policies should also cover archival copies and backups.
The use of data encryption helps enhance privacy protection. All online transactions between client applications (staff desktop clients, web browsers, mobile apps, etc.) and server applications should be encrypted. Client applications that do not support encryption (such as staff desktop clients) should employ virtual private network (VPN) technologies. In addition, any personally identifiable information and student data housed by the library or school off-site (cloud-based infrastructure, tape backups, etc.) should use encrypted storage.
Library privacy policies should define when school library records can be shared (and under what conditions) with parents or guardians, school staff and teachers, and third-parties such as online service providers.
Federal laws such as FERPA and COPPA as well as state laws concerning the confidentiality of library and student records may impact if and how data is shared. Because of the broad leeway FERPA gives schools in using student data for internal educational purposes, librarians need to clearly distinguish among library records, educational records, and administrative records in order to provide explicit privacy rights in accordance with professional ethical obligations.
Agreements between school libraries and online service providers should address appropriate restrictions on the use, aggregation, retention, and dissemination of students’ personally identifiable information. Agreements between libraries and service providers should also specify that libraries retain ownership of all data and that the service providers agree to observe the library’s privacy policies, data retention policy, and security policies. In the event of a data breach, users whose data was compromised should be informed promptly (in the case of minors, the parents or guardians should be informed).
Many service providers have signed the Student Privacy Pledge which indicates a commitment to work in an ongoing fashion to meet and exceed all federal requirements to protect student data. Librarians should make participation in the Student Privacy Pledge a criterion when making purchasing decisions.
In addition, many states are passing legislation that restricts the collection and use of students’ data by service providers (e.g. California’s Student Online Personal Information Protection Act – SOPIPA). Librarians should only contract with service providers that comply with applicable state laws.
Primary and secondary schools are adopting learning management systems and other technologies that enable educators to monitor student reading habits (e.g. did the student access/read the assigned eBook or online text?) As a result, school districts are co-opting librarians into surveillance regimes by adopting these types of technologies. Librarians need to advocate for protecting student library use in an age of ubiquitous data logging and surveillance technologies, including learning management systems.
School librarians have a responsibility to teach students about their privacy rights, practices they can use to protect themselves, ethical behavior online, and respect for the privacy of others. In addition to educating students, school librarians should become advocates for protecting student privacy and intellectual freedom in the larger school environment. Often school librarians are focused only on user privacy within the library to the detriment of larger privacy issues in their school and district context. Because of their professional training and ethical commitment, librarians are well-equipped to be privacy advocates outside of the school library.
The Library Privacy Checklist for Students in K-12 Schools is intended to help libraries of all capacities take practical steps to implement the principles that are laid out in this guideline. | https://chooseprivacyeveryday.org/resources/guidelines-checklists-for-libraries/library-privacy-guidelines-for-students-in-k-12-schools/ |
Digital privacy in Asia: Setting the agenda
IDRC-supported research has shown that, as more and more people go online in Asia, digital privacy is increasingly seen as an important political and consumer right. A survey of Asian countries revealed widespread concern among citizens about protecting their personal data and Internet privacy. The report, A New Dawn: Privacy in Asia, summarizes the findings of the research.
The report underscores the need for informed policy debates on protecting privacy and the dangers of surveillance. Project grantees played an important role in advocating for institutional and policy change at national and international levels, including:
- contributing to discussions on privacy at international events such as the Internet Governance Forum.
- the creation of two new organizations in Asia, Privacy India and Privacy Nepal. These organization will generate knowledge and monitor digital privacy issues in the region, including privacy rights, personal data protection, and surveillance;
- contributing to the public discourse on India’s Unique Identification Number (UID) program by arguing for privacy provisions to be part of both the design of the program and the proposed legal framework. UID proposes to collect biometric data of all Indian citizens and residents;
The report, published by Privacy International, highlights the rapid development of laws, technologies, and attitudes in Asia in the past decade and also points to what must be done to ensure that protecting the right to privacy remains at the heart of all government initiatives. | https://idrc.ca/en/research-in-action/digital-privacy-asia-setting-agenda |
Workshop on the investor responsibility to respect human rights
On June 20, the Investor Alliance hosted a workshop on the topic of the investor responsibility to respect human rights. The workshop provided a platform for interactive and collaborative exchange between investment groups and human rights organizations while building the capacity of participants on the topic of investor responsibility. Find a summary of the workshop discussion here.
Ranking Digital Rights (RDR)
RDR released its 2019 Corporate Accountability Index, which evaluates 24 internet, mobile, and telecommunications companies on their freedom of expression and privacy policies and practices.
RightsCon
The Investor Alliance attended the RightsCon conference hosted in Tunisia by Access Now in June. Nearly 3,000 participants attended and some 450 sessions were hosted on a range of tech sector topics. Director Paloma Muñoz Quick spoke during the Opening Plenary on the importance of investor-civil society collaboration and led a panel discussion, Responsible Investing 101: Investor Action on Human Rights in the Digital Era, alongside members Robeco, Sycomore Asset Management, and the Tri-State Coalition for Responsible Investment. Find the RightsCon Tunis 2019 Learnings here.
OECD meetings
In June, the Investor Alliance participated in a series of OECD-related meetings in Bangkok with partners and allies. Associate Director Sara Blackwell led a session on investor engagement and collaboration during the OECD Watch Global Civil Society Gathering and spoke on the panel New Norms and New Technologies: AI, Privacy Protection, Cybersecurity, and Beyond at the OECD Responsible Business and Human Rights Forum.
The Danish Institute for Human Rights (DIHR)
DIHR has released a discussion paper on how companies can take an integrated approach between the UN Guiding Principles on Business and Human Rights and the 2030 Agenda. They also released a publication, Respecting the Rights of Indigenous Peoples: A Due Diligence Checklist for Companies, that instructs companies on proper due diligence where projects may affect indigenous peoples.
UNICEF
In June, UNICEF released a briefing, Why Businesses Should Invest in Digital Child Safety, that includes a Child Online Safety Assessment Tool to help companies understand and assess the impact of technologies on children’s rights. The briefing also offers instructions and advice on working with ICT companies to assess and integrate children’s rights throughout digital operations and policies.
Sector-wide risk assessment of the ICT sector
The Investor Alliance has published its latest ICT salient issue briefing on conflict and security, produced in collaboration with the Heartland Initiative. It includes information on relevant international human rights standards, a summary of reported adverse human rights impacts, the business case for addressing this issue, and guiding questions to support investor engagement with companies.
Fast and Fair Renewable Energy: A Practical Guide for Investors
The Business & Human Rights Resource Centre released a guide for investors on how to responsibly address climate change and avoid risk while promoting respect for human rights in the energy sector. The briefing highlights human rights risks and impacts for wind, solar, bioenergy, geothermal, and hydropower and includes key questions for investors to ask when investing in renewable energy.
Webinar on artificial intelligence and human rights due diligence
With the goal of helping investors engage companies on the human rights risks of artificial intelligence (AI), the Investor Alliance hosted a webinar on what it means to take a human rights-based approach to AI. Dunstan Allison-Hope, Managing Director at BSR, joined us as an expert speaker.
Recent AI resources include:
Review of the Equator Principles
The Investor Alliance is currently involved in several efforts to push for greater alignment across the latest draft of the Equator Principles (EP4) and the UN Guiding Principles on Business and Human Rights. The Equator Principles (EPs) are a social and environmental risk management framework adopted by banks and other financial institutions and are intended to provide a minimum standard for due diligence and monitoring to support responsible risk decision-making, primarily for project finance. In its current form, the draft fails to meet the standards laid out by the UN Guiding Principles. | https://us20.campaign-archive.com/?u=8d7477c12082b8b26e8b9e38d&id=3b6fa78990 |
A constructed language is a language--such as Esperanto, Klingon, and Dothraki--that has been consciously created by an individual or group. A person who creates a language is known as a conlanger. The term constructed language was coined by linguist Otto Jespersen in An International Language, 1928. Also known as a conlang, planned language, glossopoeia, artificial language, auxiliary language, and ideal language.
The grammar, phonology, and vocabulary of a constructed (or planned) language may be derived from one or more natural languages or created from scratch.
In terms of the number of speakers of a constructed language, the most successful is Esperanto, created in the late-19th century by Polish ophthalmologist L. L. Zamenhof. According to the Guinness Book of World Records (2006), the "world's largest fictional language" is Klingon (the constructed language spoken by the Klingons in the Star Trek movies, books, and television programs).
See Examples and Observations below. Also see:
Examples and Observations
- "A standard international language should not only be simple, regular, and logical, but also rich and creative. Richness is a difficult and subjective concept… The supposed inferiority of a constructed language to a national one on the score of richness of connotation is, of course, no criticism of the idea of a constructed language. All that the criticism means is that the constructed language has not been in long-continued use."
(Edward Sapir, "The Function of an International Auxiliary Language." Psyche, 1931)
- "The traditional hypothesis has been that because a constructed language is the language of no nation or ethnic group, it would be free of the political problems that all natural languages bring with them. Esperanto materials frequently claim (incorrectly) that this is true of Esperanto. A distinction is usually made between auxiliary languages (auxlangs), designed with international communication as a deliberate goal, and 'conlangs,' usually constructed for other purposes. (The Elvish languages showcased by Tolkein in his epic Lord of the Rings and the Klingon language constructed by linguist Mark Okrand for the Star Trek television series are conlangs rather than auxlangs.)"
(Suzette Haden Elgin, The Language Imperative. Basic Books, 2000)
- Attitudes Toward Esperanto
- "As of 2004, the number of speakers of Esperanto is unknown, but variously estimated as between one or two hundred thousand and several million…
"It must be emphasized that Esperanto is a real language, both spoken and written, successfully used as a means of communication between people who have no other common language…
"The traditional aim of the Esperanto movement is the adoption of Esperanto as the L2 second language for all mankind."
(J.C. Wells, "Esperanto." Concise Encyclopedia of Languages of the World, ed. by Keith Brown and Sarah Ogilvie. Elsevier, 2009)
- "There is little doubt that, foremost among constructed languages though it is, Esperanto has not--particularly in recent times--captured a sufficient amount of general attention to become the functioning worldwide auxiliary its proponents wish. One rough distinction seems to be between those who, while not necessarily wholly unsympathetic to the idea of constructed languages, nevertheless perceive fatal flaws, and those who see Esperantists (and other constructed-language apologists) more or less as cranks and faddists."
(John Edwards and Lynn MacPherson, "View of Constructed Languages, With Special Reference to Esperanto: An Experimental Study." Esperanto, Interlinguistics, and Planned Language, ed. by Humphrey Tonkin. University Press of America, 1997)
- The Klingon Language
- "Klingon is a constructed language tied to a fictional context, rather than a constructed language like Esperanto… or a reconstructed one like Modern Hebrew… intended for use among speakers in everyday circumstances…
"Klingon is a language devised for the Klingons, a fictional race of humanoids sometimes allied with but more often in conflict with members of the United Federation of Planets in Star Trek movies, television programmes, video games, and novels."
(Michael Adams, From Elvish to Klingon: Exploring Invented Languages. Oxford University Press, 2011)
- "The first thing to say about the Klingon language is that it is a language. It has nouns and verbs, the nouns distributed syntactically as subjects and objects. Its particular distribution of constituents is extremely rare but not unheard of on Earth."
(David Samuels, "Alien Tongues." E.T. Culture: Anthropology in Outerspaces, ed. by Debbora Battaglia. Duke University Press, 2005)
- The Dothraki Language Created for HBO's Game Of Thrones
"My goal, from the very beginning, was to create a language that looked and felt like the small number of snippets present in the books. There wasn't much to work with (about 30 words, most of them names--and male names, at that), but there was enough to suggest the beginnings of a grammar (for example, there is strong evidence of noun-adjective order, as opposed to the adjective-noun order found in English)…
"After I settled on a sound system, I extrapolated a morphological system. Some elements had to be maintained (for example, in the books, we see 'dothraki' for the people plural, 'Vaes Dothrak' for the Dothraki city, and 'dothrae' meaning 'rides.' This suggests that /-k/, /-i/ and /-e/ are somehow involved in the paradigm for the stem 'dothra-'), but for the most part, I was free to run wild. After I had a fairly stable morphology (verbal paradigm, case paradigm, and derivational morphology, in particular), I set to work on the best part: creating vocabulary."
(David J. Peterson, interviewed by Dave Banks in "Creating Language for HBO's Game Of Thrones." GeekDad blog at Wired.com, Aug. 25, 2010)
- The Lighter Side of Constructed Languages
"I speak Esperanto like a native." | https://sz.figgysfoodtruck.com/2805-constructed-language-conlang.html |
All content from Kiddle encyclopedia articles (including the article images and facts) can be freely used under Attribution-ShareAlike license, unless stated otherwise. Cite this article:Constructed language Facts for Kids. Kiddle Encyclopedia.
Constructed language facts for kids
An artificial or constructed language (sometimes called a conlang) is a language that has been created by a person or small group, instead of being formed naturally as part of a culture. Some constructed languages are designed for use in human communication (like the common Esperanto). Others are created for use in fiction, linguistic experiments, secret codes, or simply because the maker likes to play language games.
Constructed languages can be split into a priori languages, which are made from scratch, and a posteriori languages, which borrow words and grammar from existing languages.
Constructed languages can also be split into groups by purpose. These groups are:
- Engineered languages (engelangs), which are split into philosophical languages and logical languages (loglangs) - designed for experiments in logic or philosophy
- Auxiliary languages (auxlangs) - designed to be a lingua franca for international communication (also called International Auxiliary Language, (IAL))
- Artistic languages (artlangs) - designed to look or sound pretty, or just for fun.
Some constructed languages also have constructed scripts to write them. | https://kids.kiddle.co/Constructed_language |
Brithenig is an invented language, or constructed language ("conlang"). It was created as a hobby in 1996 by Andrew Smith from New Zealand, who also invented the alternate history of Ill Bethisad to "explain" it.
Brithenig was invented neither to become used in the real world, like Esperanto, nor does it serve to provide detail to a work of fiction, like J.R.R. Tolkien's Elvish tongues, or Klingon from the Star Trek scenarios. Rather, Brithenig started as a thought experiment to create a Romance language that might have evolved if Latin had displaced Old Celtic as the spoken language of the people in Great Britain.
The result is a sister language to French, Spanish and Italian, albeit a test-tube child, which differs from them by having sound-changes similar to those that affected the Welsh language, and words that are borrowed from Old Celtic and from English throughout its pseudo-history.
Brithenig is respected among the conlang community, being the best-known example of the altlang genre. It is the first known conlang to extrapolate a real Terran language through an alternate evolution, and as such can be considered the grandfather of the genre.
Similar efforts to extrapolate Romance languages are: Breathanach (influenced by the other branch of Celtic), Judajca (influenced by Hebrew) and Wenedyk (influenced by Polish). | http://www.fact-archive.com/encyclopedia/Brithenig |
TlhIngan Hol Dajatlh'a'?
There’s a reasonable chance that most people looking at that will see not a sentence but the result of a terrible mid-air crash between a dictionary and a blender. However, an increasing number of people across the globe will recognise that as meaning ‘Do you speak Klingon?’ – a language popular among a select group of Star Trek fans, and an example of a ‘ConLang’.
A ConLang is a ‘constructed language’, namely one which has been consciously devised for human communication rather than having developed naturally. There are various examples from the worlds of literature, music and popular culture, in addition to the more formerly constructed languages best epitomised by Esperanto, and it is in considering the language created by linguist Ludwik Zamenhof in 1887 that we notice an interesting facet of language learning in the 21st century: Klingon and the like are enjoying a golden age, according to an article in The Guardian, at the expense of Esperanto – but why could this be?
Here we examine a few reasons why the more unlikely ConLangs are booming in a sphere when Esperanto could be expected to flourish.
Associating a language with a culture
An interesting comment on Guardian article above highlights one reason people are more keen to learn less formal ConLangs over more established ones:
When people come to learn a new language they automatically place it within the context of a culture or society. When someone chooses to learn German afresh, they do so with the thought of speaking German to German people, or understanding German media, or travelling to Germany and being able to hold their own in restaurants, bars and while getting around.
Admittedly you’re unlikely to be able to visit the Klingon home world any time soon to be able to try out that particular ConLang on the natives, nor more likely to find an unexpected route to Middle Earth to practice your Quenya or Sindarin. Nevertheless you can image the Klingons as a race, like the Elves in J.R.R.Tolkien’s fictional world. It is easy to place a language such as these within a cultural bracket with a little imagination, but doing the same with a language like Esperanto is not as simple.
Esperanto was created as a way to foster harmony between people from different countries, but for that very reason it’s impossible to ally it with one cultural group. Its speakers are from every country and walk of life, and though there are Esperanto conferences and societies it’s still too hard to picture yourself as a speaker of Esperanto, sitting outside a coffee shop in the sun listening to all the other Esperanto conversations nearby. Without a culture to twin it with, Esperanto and other formal ConLangs are like coats without hooks to hang them on.
Placing yourself in a fictional setting
Everybody wants to be an actor, right? Well not necessarily – some of us are terrified by the idea of appearing in front of a baying audience who will judge failure in the harshest terms – but it’s fun to imagine oneself on a TV show, holding our own against, to use the obvious example, massive, angry aliens with odd-looking foreheads. You’ll probably want to be fluent though; those bat'leths look sharp (giant Klingon swords, to the uninitiated).
There’s something immediate and enjoyable about imagining yourself part of an alien race who speaks a language that you, as a human in the real world, can actually learn. It is quite the opposite of picturing yourself as a speaker of Esperanto, which has no reference in fiction whatsoever and allies itself more easily with earnest, staid conversation about, well, probably Esperanto.
The rise of geek culture
Unless you’ve been locked in a cellar for the past few years you will have noticed that what is termed ‘geek culture’ has become hugely popularised recently. Video games are a massive business, superhero movies dominate cinemas and technology is at the forefront of everyone’s lives much more than ever before.
A direct result of this is that things which used to be marginalised as ‘not cool enough’ for the general populace are now perfectly at ease in the mainstream. Though it would be a stretch to say it’s fashionable to know how to speak Klingon, the simple fact that there are more people willing to openly admit they love Star Trek (not least thanks to the movie franchise’s successful reboot) means that knowing how to say a few phrases in Klingon can provide you with an entertaining party trick.
The same can’t really be said of Esperanto – if anything, with geek culture so popular you might now be seen as less cool if you choose a constructed language rarely heard in games, movies, or other 21st century media.
Formal ConLangs versus natural languages
Perhaps the biggest issue for Esperanto and other more formal constructed languages is the same problem it has faced since inception: while in theory it is meant to bring people of different nations together, (with learning a natural language now easier than ever) it’s far simpler if one of the two participants in a conversation already knows it fluently. Why would two people from two nations learn Esperanto rather than one learn the other’s language? The natural language will ultimately be more useful in life, for example in being able to work with overseas business clients or moving to another country.
And if you therefore decide to learn a new language but decide to go for a constructed language rather than a natural one, the other reasons above are more likely to push you towards a fun, alien tongue than a formal one such as Esperanto. There will always be a place for a language that can cross borders, but in an increasingly globalised world there’s no guarantee people will choose to say je via sano* as they raise a glass when they could say ReH Hlvje'lljDaq 'lwghargh Datu'jaj**.
* ‘To your health’ in Esperanto.
** ‘May you always find a bloodworm in your glass’ in Klingon. Might be better to stick with real languages after all! | https://www.listenandlearn.org/blog/esperanto-vs-fictional-conlang-why-is-fiction-winning/ |
Invented Languages: 9 Beloved Conlangs From Pop Culture
You may not know exactly what conlangs are, but you’ve definitely heard them being used before. The word “conlang” is short for “constructed language,” or a language that was invented rather than forming naturally over time. In other words, most of the time you hear or read a fictional language being spoken in a movie, TV show or book, it’s a conlang that someone invented from scratch, or by piecing together elements of existing languages.
To be clear, there are conlangs that aren’t found in pop culture, such as Esperanto, which were created for people to speak in real life, but many of our favorite conlangs are spoken by fictional characters. Here’s a brief overview of nine of our favorite conlangs from pop culture.
1. Elvish (The Lord of the Rings)
One of the most well-known and beloved conlang creators was the English writer J.R.R. Tolkien. His most famous series is The Lord of the Rings, which features the Elvish conlangs — consisting of Quendian, Eldarin, Sindarin and others. Tolkien began inventing Elvish when he was in school in the early 1900s. He used his familiarity with Latin, Finnish, Spanish, Italian, Greek, Old Norse, Gothic and Old English to create his world of related languages and wrote that his fascination with Finnish was particularly influential in the Elvish conlangs. Tolkien constructed many other languages over the course of his life, as well.
2. Klingon (Star Trek)
What began as gibberish spoken by aliens in the Star Trek franchise was developed into something more, when linguist Dr. Marc Okrand was brought on to create the Klingon language. In developing Klingon, Okrand used his knowledge of how languages work to create something that sounded alien but also realistic. Some super fans have taken up learning the conlang, and Okrand estimates about 100 people speak it fluently.
3. Parseltongue (Harry Potter)
The language of serpents, which Harry Potter himself also spoke, is another example of a conlang in pop culture. Though not as fully developed as Elvish or Klingon, Parseltongue does have a set of basic sounds and sentence structures, created by Francis Nolan, a professor of phonetics at the University of Cambridge.
4. Dothraki (Game of Thrones)
The final season of the wildly popular HBO series Game of Thrones is underway, but there’s one very cool aspect of the show that’s often overlooked: the languages. Several languages are referenced in the books the show is based on, but they weren’t actually developed, so the showrunners hired linguist David J Peterson (he actually won a contest to land the job) to create full-blown conlangs for the series. One of the most noticeable conlangs in the show is Dothraki, spoken by the nomadic tribes of Essos, including Daenerys Targaryen’s former husband Khal Drogo.
5. High Valyrian (Game of Thrones)
Another prominent conlang in Game of Thrones is High Valyrian, the language of House Targaryen that others, like Tyrion Lannister, have also learned as a form of scholarship. Petersen created more than 5,000 High Valyrian words and four grammatical genders for the language.
6. Cityspeak (Blade Runner)
Blade Runner fans will remember the noodle bar scene in which Detective Gaff speaks in an unknown language. That language, called Cityspeak, was created by the actor who plays Gaff, Edward James Olmos. Cityspeak apparently borrows from Spanish, French, Chinese, German, Hungarian and Japanese, and was developed by Olmos to make the role more interesting. One could make the argument that Cityspeak is actually a pidgin, rather than a conlang, but because an actor made it up for a movie role, and allegedly even created a vocabulary and grammar book for it, we’re counting it as a conlang.
7. Na’vi (Avatar)
It’s been a while since Avatar hit theaters, but you probably remember the blue Na’vi people from the film. As it turns out, their language — also called Na’vi — is a conlang that director James Cameron commissioned for the movie. Paul Frommer, a professor at the University of Southern California and linguistics consultant, worked for years on developing Na’vi for Avatar. He then taught the language to the actors and served as an on-set coach.
8. Huttese (Star Wars)
The Star Wars franchise’s evil alien gangster Jabba the Hutt speaks this conlang. Sound designer Ben Burtt created Huttese. Burtt apparently used Quechuan languages from the ancient Incan Empire as inspiration when developing this villainous tongue.
9. Newspeak (1984)
Finally, we have a literary conlang. Newspeak is the language of Oceania, where George Orwell’s 1984 takes place. Though it looks very similar to English and is technically a controlled natural language, it can still be considered a conlang because it was invented specifically for the book and has some of its own phonology, vocabulary and grammar rules. Orwell created Newspeak with restricted grammar and limited vocabulary to limit free thought and personal expression under the totalitarian ruling Party. | https://www.babbel.com/en/magazine/pop-culture-conlangs/ |
Posted April 8th, 2019 by admin & filed under Podcast.
I would also like to thank David J. Peterson, who has visited with my conlang students the last three times I’ve offered the course. His visits have been incredibly beneficial for both my students and me. Students don’t often have the chance to speak with the author of their textbook, so it’s an amazing experience.
Condis, M. (2016). Building Languages, Building Worlds: An Interview with Jessica Sams. Resilience: A Journal of the Environmental Humanities, 4(1), 150–161.
Pearson, M. (2017). Using Language Invention to Teach Typology and Cross-Linguistic Universals. Fiat Lingua, (April), 0–11.
At the end of the episode, you asked for comments from other academics who teach or use conlanging in their courses. I also teach a conlang class at my institution (Brigham Young University). In the linguistics program, students must take a capstone course, whose purpose is to serve as a “culminating experience” in the major. Ideally, the capstone synthesizes multiple areas of the discipline (phonology, morphology, syntax, etc), and there is a significant writing component. Each faculty member who teaches a capstone usually approaches it from the vantage point of their own research. I’ve done that as well (I study the indigenous languages of the North American Great Basin), but my favorite capstone to teach is on conlanging.
My conlang course is organized under two headings: Constructed Languages and Language Construction. The first is organized typologically using the Gnoli Triangle, which groups constructed languages around three axes: Artlangs, Auxlangs, and Engelangs. We discuss properties of each type and look at representative languages. We also discuss some of the history and the personalities involved, using Arika Okrent’s book In the Land of Invented Languages and Michael Adams’ From Elvish to Klingon. These discussions take place on Mondays and Wednesdays (the course is taught MWF). At the end of each section students write short research reports about specific languages as exemplars of their type and times.
The second heading, Language Construction, is devoted to the students’ own projects. We go through the different areas of linguistics as a refresher, and talk about how they might make decisions about what to include or exclude from their own projects within each area. These discussions take place on Fridays. The students write sections of a grammatical sketch for their own languages as we finish reviewing each area within linguistics.
The course final is a poster session. The students prepare a display about some aspect of their language or the culture of its speakers and we all go around and ask each other questions. Students also turn in a final version of their grammar (including a short text).
I’ve taught the course twice now, and I’m scheduled to teach it again this fall (2019). The students seem to enjoy it. I certainly do! | http://conlangery.com/2019/04/08/conlangery-138-jesse-sams-and-conlangs-in-the-classroom/ |
Oel naati kam? That’s ‘I see you’ – a typical greeting in Na’vi, the Avatar language. Yes, I’m talking about the big blue people, though if you’re a science fiction fan, it probably doesn’t surprise you to know that an entire constructed language, complete with complex grammar and syntax, corresponds to the Avatar people. These days, conlangs – that’s ‘constructed languages’ for the uninitiated – are more popular than ever, and more and more fans of fantasy series like Game of Thrones and Star Trek are actually learning to speak them, while others have taken to creating them.
The Origin of the Conlang
Fantasy conlangs sprang onto the scene in the mid-nineteenth century when – you guessed it – J.R.R. Tolkien, author of The Lord of the Rings and The Hobbit series, invented an entire family of fantasy languages. The languages were complex, mirroring natural languages in their interconnectedness. For example, Sindarin and Quenya, two forms of Elvish spoken by different communities, not only descend from a common ancestor, much like Spanish and Portuguese, but they are related to a whole slew of other languages, the way Spanish and Portuguese are distant cousins of English and even Arabic.
To be sure, Tolkien’s languages were not the first constructed languages to achieve acclaim. The nineteenth century saw the advent of a number of ‘international auxiliary languages’ – invented languages whose aim was to ease international communication, and which thus lacked many of the convoluted eccentricities of natural languages. The most popular amongst these, Esperanto, sought to become the lingua franca for international diplomacy. Others, like Solresol, a seven-syllable language based on the seven notes of the musical scale (created by a French violinist), had more niche ambitions.
But Tolkien’s constructed languages, with entirely artistic – rather than political – aims, appealed to a different kind of fanbase, and within a few years, his party trick was being replicated. British novelist Alan Garner soon created Skeksis, the language used by the villains of Jim Henson’s 1982 film, The Dark Crystal. Shortly thereafter, the beloved Star Trek language known as Klingon premiered in a new, fully fleshed-out version in The Return of Spock. By the early 2000s, half-baked fictional languages such as the Ubese spoken by Jabba the Hut in the 1983 Star Wars movie Return of the Jedi, would no longer stand up to the scrutiny of the growing conlang community.
Enter the Internet
This was true in part because of the Internet. The first official Conlang Listserv was invented in 1991, providing a largescale platform for language enthusiasts around the world to discuss both their own exploits in language construction and those of influential conlangers like J.R.R. Tolkien and Dr. Esperanto. The Listserv gave rise to early permutations of Internet bickering (who could have guessed?), especially between serious advocates of different auxiliary languages such as Esperanto, Volapük, and Interlingua. Eventually, a number of hot-headed members were banished to their own Auxlang Listserv, and though the original Conlang Listserv continued to flourish for a number of years, eventually finding a permanent home at Brown University, the Internet boom of the early 2000s ultimately caused the conlang community to decentralize, dispersing into thousands of smaller groups across the web.
An entire encyclopedia of conlangs now exists on the site Fraith Wiki, where you can find anything from Skerre – a fictitious pre-Iron Age hunter-gatherer language – to Ape – the language used by the gorillas and apes with whom Tarzan interacts in Edgar Rice Burrough’s 1912 novel. However, the decentralization of the conlang community continues to be lamented by some members of the original Listserv, including David J. Peterson, the conlanger behind Game of Thrones languages Dothraki and High Valyrian. Dismayed by the growing number of novice conlangers familiar with languages like Na’vi from Avatar (see above), but not with, for example, Moten (a language made by the president of the Language Creation Society) Peterson published The Art of Language Invention in 2015, a guide to language creation which includes both a great deal of dense linguistic information and a thorough history of constructed languages.
“They’re inheriting a kingdom they don’t know the history of,” says Peterson of novice conlangers. “They’re reinventing every single wheel we already perfected.” Ultimately, Peterson hopes that his book will urge inventors to ask themselves, “What do I want to say with this new language that I can’t say in my native language – or any other language that currently exists?”
Creating Languages for Game of Thrones
Peterson also uses The Art of Language Invention to discuss some of the problems that he faced while working on the Game of Thrones languages. Because Game of Thrones author George R.R. Martin had already invented certain words and phrases, it was sometimes difficult to come up with consistent spelling and pronunciation systems while remaining true to Martin and to fan expectations. For example, unbeknownst to Peterson at the time he was developing the language, Martin actually pronounces Dothraki with the emphasis on the first syllable – “DOTH-rock-ee,” which conflicts with what Peterson considers to be the correct, second-syllable emphasized pronunciation – “doth-ROCK-ee.”
We also learn that High Valyarian – once the language of a vast empire that conquered many lands – is loosely modeled after Latin and the influence that the Roman Empire had in creating the Romance languages. Much as Latin gave birth to Spanish, French, Romanian, Portuguese, and Italian, High Valyrian is the mother of a number of ‘Bastard Valyrian tongues’ that we hear throughout the series.
Peterson also says that Dothraki is supposed to sound harsh, which is why it incorporates many guttural ‘ch’ sounds (as in ‘Loch Ness’). This gives it a loose resemblance to Arabic or German, languages that English-speakers typically consider to be harsh sounding. Some critics have taken issue with Peterson’s failure to examine the politics behind such a decision and are careful to note that ‘harshness’ as a sound characteristic is entirely subjective and culturally determined.
To Infinity…and Aliens?
Ultimately, the goal of many conlangers is to push the boundaries of our understanding of language by taking it places that don’t yet exist in natural language. E-Prime, a version of English with no ‘to be’ verb, aims to separate opinion from fact by removing subjectivity from language. Láadan is a feminist language specifically designed to better express the views or sentiments of women (i.e. the word ‘widazhad’ means ‘to be pregnant late in term and eager for the end’) and was created in reaction to the hypothesis that natural Western languages may be better suited for the expression of men’s views than women’s views.
Like any artform, inventing a language is ultimately an act of cultural interpretation. And some conlangers have interesting ideas about the practical uses their art may have in the future. Says Peterson, “Someday in the future we may encounter aliens, and they may have a communication system that doesn’t even qualify as a language to us, that we wouldn’t think of as language…but the more we’ve seen, the more we know about, the more we postulate, the better we are going to be able to tackle something like that. Whereas if we’re all speaking English at that point in time, and have kind of forgotten all the other languages, we’re really going to be [screwed].”
Interested in learning more about languages? To view more of ALTA’s services, including translation, training, interpretation, and testing, visit: www.altalang.com.
Janet Barrow writes about the places where language meets history, culture, and politics. She studied Written Arts at Bard College, and her fiction has appeared in Easy Street and Adelaide Magazine. After two years in Lima, Peru, she recently moved to Chicago. | https://www.altalang.com/beyond-words/the-rise-of-invented-languages-from-klingon-to-dothraki/ |
Have you ever wondered what it takes to create your own language? Film, TV and literature are full of examples of languages that have been created, or 'conlangs' (constructed languages).
Bringing language to life: There are a diverse array of fictional languages spoken in George R. R. Martin's fantasy novel series.
Examples include Dothraki and Valyrian (Game of Thrones), Klingon (Star Trek) and the many languages constructed by J.R.R. Tolkien for Lord of the Rings. Indeed, it has been said that Middle Earth was really created by Tolkien as a place to make his languages come to life and the stories were a byproduct.
For conlangs to be fully operational (and believable), they need to follow some basic principles of linguistics.
It is relatively easy to take an existing language and change the words — this is referred to as a posteriori conlang. This is, for the most part, what Tolkien did with languages like Rohirric, which is based upon Old English, or the Elvish language Sindarin, which is based upon Welsh.
Gender-bending in languages like Valyrian
Another approach to constructing languages is that taken by David Peterson, the creator of the languages used in Game of Thrones (while George R. R. Martin wrote the books, he didn’t create the languages beyond a few words). Peterson, a linguist by training, used his knowledge of linguistics to create languages from scratch, with no intentional basis in existing languages.
Conlangs like this are known as a priori conlangs. In Game of Thrones, Valyrian is an example of this. Valryrian is interesting as, among other things, it highlights the possibilities for grammatical gender. Valyrian has four genders: lunar, solar, terrestrial and aquatic.
Yanyuwa, an Indigenous language of the Northern Territory, has 16 different noun classes or ‘genders’.
What this shows is that what we call grammatical gender has little to do with male and female. You probably know that in languages like French and Spanish, nouns have either masculine or feminine gender and other languages, like German, have masculine, feminine and neuter. This is why we refer to it as grammatical gender but many other languages do it in a way more like Valyrian.
For example, Yanyuwa, an Indigenous language of the Northern Territory, has 16 different noun classes or ‘genders’. While this does include masculine and feminine, it also includes ‘food’, ‘arboreal’ and ‘abstract’, showing that grammatical gender is really more about splitting up nouns into different groups.
The rule book for budding conlangers
So where does the budding conlanger start? First, your language will need a set of basic sounds. We refer to this as the phonetic inventory.
The human articulatory system is capable of making at least 107 different sounds, not including differences created by tone or length. Australian English uses just 45 of these sounds, so the options are vast.
Spot the difference: Constructed languages, or 'conlangs', are fictional invented languages as opposed to 'natural languages', explains Wilson.
However, there are certain rules. For example, you can’t have a language with no vowels, as it would be impossible to form syllables. Next, you need to think about the building blocks of words that linguists call morphemes. Think about suffixes as part of this but also about how words with related meaning share a similar form.
Consider the pronouns 'what', 'where' and 'when' — these all share a common structure which can be described by a rule. If you think about how they correspond with 'that', 'there' and 'then', you can start to see the component parts of the words.
When creating a language, you need to design the rules that achieve this sort of thing. For example, how do you form the past tense of a verb? How do you indicate something is plural (and singular/plural is not the only way to do this)?
Sure, there’s the money and fame that would come with constructing a language for a hit TV show, but there are also real-world applications of conlangs.
Beyond rules governing word formation and word order (which are essential), you might have things that you might want to indicate in your grammar, such as gender.
The choices for the conlanger are almost limitless. But it doesn’t stop there. Natural languages are about more than just structure, they are used in ways that construct meaning in society. How might your constructed language function? How might your language be used to indicate politeness? Are there rules about who can talk when?
Do you speak Klingon?: Languages created for TV shows have fascinated many fans, who have gone on to learn those languages.
Linguists study all of these things in natural languages and in turn, all of them can be put into a constructed language. Creating your own language thus makes you consider the complexity and beauty of natural languages.
A window into how languages work
But aside from this, of what use are constructed languages? Sure, there’s the money and fame that would come with constructing a language for a hit TV show, but there are also real-world applications of conlangs.
You may have heard of Esperanto. It is a kind of conlang knowns as an auxlang (auxiliary language). Esperanto has about two million speakers, of which about 1500 have acquired Esperanto as a first language (i.e. from birth).
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Esperanto was constructed by L. L. Zamenhof in the 19th century as an attempt to create a language that could be used as a universal second language. While it has not been as successful as Zamenhof hoped for, the fact that it has survived as a language for more than 100 years shows that a conlang can be used in the same way as natural languages.
Other uses of auxlangs have been as a means of communication between humans and machines, and given the rule-based nature of language, why shouldn’t machines be able to develop their own language?
In summary, conlangs give us a window into how we can understand the way languages work. For this reason, we incorporate conlangs into the study of linguistics at Macquarie University, where we are currently launching a Bachelor of Linguistics and Language Sciences. So how do you build a language? Simple, you study linguistics!
Dr Nick Wilson is a senior lecturer in the Department of Linguistics in the Faculty of Human Sciences
Explore the structure of language (including how to construct your own) in the new Bachelor of Linguistics and Language Sciences degree. Macquarie University's world-leading expertise in this field offers a degree that can lead to a range of linguistic career options, such as forensic linguistics, language preservation and revitalisation, organisational communication or language analysis for technical innovation. | https://lighthouse.mq.edu.au/article/please-explain/november/Can-you-create-your-own-Game-of-Thrones-style-language |
This Science Fiction Novelist Created a Feminist Language from Scratch
There's Even a Word For Emotional Labor!
Can a language be designed specifically to express the thoughts and feelings of women? In 1984, the linguist Suzette Haden Elgin wrote a science fiction novel to test this question. The result was Native Tongue, a dystopian tale of a future America that has been widely compared to The Handmaid’s Tale. It was a pioneering feminist experiment, sold as a paperback original with a big green alien on the cover.
Suzette Haden Elgin began writing science fiction in order to pay the tuition for her PhD in Linguistics, all while raising five children. The seed for Native Tongue came from her reading in the wake of the failure of the Equal Rights Amendment. Approved by Congress in 1972, the Equal Rights Amendment required the ratification of 38 states to become law. But grassroots opposition over the next decade, strongly backed by conservative women, arrested the momentum. It was after one this, one of biggest formal setbacks for the feminist movement in the United States, that Elgin read Cheris Kramarae’s Women and Men Speaking (1981).
Building on the work of Hélène Cixous and Luce Irigaray, Kramarae argued that existing languages were too steeped in patriarchal ideas to adequately capture the experiences of women. Intrigued by the idea of women as a “muted group,” Elgin wondered what a language would look like if it gave women the power to speak directly to their experiences. For Native Tongue, she forged an entirely new language, Láadan (pronounced similar to “Latin,” but “as if [one] were trying to sing it”).
Constructed languages (or “conlangs”) have a long history in speculative fiction. Tolkien wrote The Lord of the Rings in pursuit of this “secret vice,” writing to his son Christopher that the entire trilogy was in fact “an attempt to create a world in which a form of language agreeable to my personal aesthetic might seem real.” Meanwhile, the conlang with the most speakers is Klingon, which also boasts translations of Shakespeare and parts of the Bible. More recently, David J. Peterson built conlangs of Dothraki and Valyrian for the HBO series Game of Thrones.
Láadan, the conlang in Native Tongue, is distinctive for its feminist philosophy: according to Elgin, it focuses on words that efficiently describe “concepts important to women” and “emotional information.” Importantly, Láadan isn’t meant exclusively for women: rather, it is a language constructed with feminist principles in its marrow. For example, the Láadan word “radíidin” is immediately recognizable as a form of emotional labor, the often invisible work that falls primarily to women:
“radíidin: non-holiday, a time allegedly a holiday but actually so much a burden because of work and preparations that it is a dreaded occasion…”
Interestingly, Elgin argues that creating a new language is not especially difficult; indeed, there are a number of software programs that can help anyone do just that. The hard part is making it a living language. Achieving that is “like writing a novel or composing a symphony,” Elgin wrote on her website. “It’s not just a matter of meeting technical specifications. It could take a lifetime.” A living language requires its own culture. The conlangs of The Lord of the Rings, Star Trek, and Game of Thrones all have this in common.
To create the setting for her conlang, Elgin radically inverted the goals of the recently failed Equal Rights Amendment: rather than ratifying a guarantee of equal legal rights regardless of sex, Congress decides to do the opposite, ratifying amendments revoking women’s right to vote and right to work outside the home without permission of a male family member, then declares women legal minors. In this future dystopia, women are legally subject to men in every way.
For many, Native Tongue’s setting will bring to mind Margaret Atwood’s The Handmaid’s Tale, which was published one year later. Set in another patriarchal dystopian future, The Handmaid’s Tale is not especially known for its subtlety—which is unjust, as much of the brilliance of the book comes from Atwood’s semi-hidden wordplays and her discipline in leaving large swaths of information unsaid. In comparison, Native Tongue feels at times like a blunt instrument: it is text to Atwood’s subtext. Yet this ought not disqualify Native Tongue from regard; as Marleen S. Barr argues, feminist science fiction “enlarges patriarchal myths in order to facilitate scrutinizing these myths.” Science fiction creates unfamiliar worlds in order to explore concepts to which we are too close to see clearly in reality. Being extreme is a core aspect of its value. | https://lithub.com/this-science-fiction-novelist-created-a-feminist-language-from-scratch/ |
Seen By #10: conlang
The group exhibition constitutes the 10th edition of the Seen By series, a joint project presented at the Museum für Fotografie, this time entitled conlang and focusing on the singular/plural articulations of the presence of audiences, artistic forms of invented languages and conlang as a metaphor.
The project departs from an open call organised by Universität der Künste (UdK) and addressed to art students, willing to collectively develop an exhibition grammar and discussion vocabulary. The exhibition is the result of their research on constructed, artificial or fictional languages and adopts as representative symbol of linguistic conventions the Conlang flag, the logo of constructed language (“conlang”) enthusiasts, representing the “Tower of Babel” against a rising sun. | https://myartguides.com/exhibitions/berlin/seen-by-10-conlang/ |
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CONLANG September 2000, Week 3
Subject:
Re: basic vocab
From:
Jim Hopkins <[log in to unmask]>
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Constructed Languages List <[log in to unmask]>
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Fri, 15 Sep 2000 19:06:59 EDT
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Mario asked about what wordlists may have been used as templates for
beginning a basic conlang vocabulary.
For Druni (at first) I created words at random as they came to mind. Later I
used a variety of basic wordlists that I had used as a student in learning
French and Italian.
A very good set of Wordlists is found in the book "Loom of Language by
Fredrick Bodmer (W. W. Norton & Company 1944). Druni now has a vocabulary
approaching 10,000 word and being very derivational is highly expressive.
Dralit Lendemova bashese Maryo, | https://listserv.brown.edu/cgi-bin/wa?A2=ind0009c&L=CONLANG&P=42018 |
When Ralph Dumain took the Canadian Esperanto Association’s proficiency exam in 1976, the score was so high that judges practically had to create a new category for his certificate. This achievement parallels perfectly his affinity for the practice of autodidacticism, or self-education.
Since 1999, Dumain has been running the Autodidact Project, a large collection of resources for independent thinkers “dissatisfied with the knowledge industry and the bureaucratization of intellect”. The digital database includes biographies and bibliographies, guides, quotes, and hard-to-find materials on obscure and unusual topics. Dumain’s central aim remains to provide essential tools for people to understand and negotiate their relationship to the surrounding world.
An essayist primarily, Dumain has also written poetry in English and Esperanto, some of it serious and some that he affectionately refers to as “satirical, X-rated, or doggerel”. Here he speaks with NML Secretary Greg Nedved about the past, present, and future of Esperanto and other constructed languages.
How is Esperanto relevant in the 21st century?
First, we need to recapitulate the importance of Esperanto in the 20th century. Esperanto was a significant part of world history, important enough for its adherents to be infiltrated and spied upon, persecuted by fascists and Stalinists, exterminated by Hitler and Stalin. The subculture that was spawned enabled practical transnational organizing of Esperantists and utilization of the language, on the part of railway workers and other social and occupational groups, and political and religious groups, and isolated individuals, for education, mutual aid, travel and tourism.
There was an important separate working-class Esperanto movement that flourished between the two world wars. Esperanto provided an outlet and subculture for people constrained by repressive social and political environments—censorship, despotism, chauvinism, racism, anti-Semitism. Esperanto was especially significant as a linguistic counter-culture in Eastern Europe, Spain, China, Japan, and other areas. It has been important to those whose native languages don’t have the global impact of others—in Eastern Europe, Finland, Brazil, Korea, Vietnam, and many locales. Esperanto movements have flourished at many times and places. For example, there are growing Esperanto movements in various African nations, especially Francophone countries.
Will Esperanto serve as an important outlet for those suffering cultural, social, or political suffocation? If so, Esperanto will continue to perform this invaluable service.
Whatever inroads Esperanto will or will not make in securing positions in the world at large, it will continue to be relevant in several ways. First, it continues to be valuable as a vehicle for literary and cultural transmission, whether this be the original literary creations of Esperantists or of translations. While translations from various national languages are made to other national languages, the gaps are still enormous. This is true also of what is available in English. There are works by important authors—especially from “minor” languages—in Esperanto that one will not find in English, for example, works (and even authors) in Hungarian and Yiddish. Esperanto has been an important vehicle for learning about the literatures of such languages: though one could have learned about them via English, for instance, these literatures are front and center in the Esperanto world.
For those who have no practical need of Esperanto—American English speakers, most conspicuously—Esperanto still has an attraction for many who love to learn languages and poke into foreign cultures via communication or travel. Most of the young Americans I’ve met who become interested in Esperanto are already fluent in one or more foreign languages (some are immigrants), and Esperanto appeals to them on top of the other languages they know.
What role can a CONLANG play in politics and religion?
There are two fundamental roles a constructed language has been designed to play (and others which essentially fall under the second category): as (1) a language constructed for serious international or universal use; (2) a hobby language, or, related to that, in conjunction with fantasy or science fiction world-building. There is also a possible third role, a quasi-scientific or metaphysical one, such as Loglan/Lojban, or a feminist language like Láadan (which is linked to the author’s fictional universe).
The second and third types can of course be linked to political, religious, or philosophical purposes—probably rather specific ones given their basic function. The first type—most prominently Esperanto but also others historically—have played all sorts of roles, being universal media of communication, including as vehicles of political groups, religious and mystical or irreligious and atheist tendencies.
There is one additional role which is vital in understanding the historical role of Esperanto: the Esperantist subculture and its publishing vehicles as a refuge or outlet for those subject to national, ethnic, or political repression or censorship. Esperanto has appealed to people with causes in the English-speaking world, but it cannot claim to have played a decisive role. Eastern Europe was the birthplace and stronghold of Esperanto culture. Spain is also of special importance. Esperanto played an important historical role in Europe and East Asia. These are not the only areas, but the most striking that come to mind.
Which CONLANG is the greatest rival of Esperanto today?
No constructed language, Esperanto included, has any chance of being adopted as a universal auxiliary language for international communication. That said, Esperanto has no serious rivals. The last contender was Interlingua, which was finalized I think in the 1950s, and was designed to play a more limited role. It was based on a Latinate vocabulary, intended to be easily readable on sight especially in a scientific and technical capacity; I think it was even used a bit for abstracts of scientific articles. If there were any rivals, I guess this would be it. Interlingua still has advocates strewn about.
Government has at least one continuing role to play: instituting Esperanto as a foreign language option in educational systems and other venues. Governments have done this, have supported the publication of materials, radio programs, and courses in Esperanto. Such endeavors are still worth supporting.
Interview has been edited and condensed. | http://languagemuseum.org/intellect-as-equipment-interview-with-ralph-dumain/ |
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CONLANG July 2005, Week 1
Subject:
Re: Is there a treatise on constructing your own conlangs ?
From:
"David J. Peterson" <[log in to unmask]>
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Constructed Languages List <[log in to unmask]>
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Dav wrote:
<<
Is anyone familiar with or know about a treatise on constructing your
own conlangs and/or classifies conlangs into generic categories or
types?The structures of such ex. : as 49 cases,unique phoneme
constructs ,hierarchies,etc...
Universal concepts of conlangs--
>>
Well, this site was a cute idea:
http://members.tripod.com/microtonal/language/conlang/ethnologueam.html
I guess it fell by the wayside...?
Anyway, there's a site up for a proposal of how to type created
languages. Unfortunately, it's focused mainly on a posteriori
languages, and, in particular, auxlangs. Thus, most of the languages
discussed on this list would be classified as "other", which isn't
very helpful.
I came up with a system based on how people seem to talk about
languages on this list. It's based on a series of questions that need
to be answered. They are...
(1) Is the language a posteriori or a priori?
(1a) If a posteriori, what natlang(s) is the language based on?
(1b) If a priori, how is the vocabulary generated?
(2) Is the language an auxlang?
(2a) If so, is it being actively promoted, or not?
(3) If the language is not an auxlang, what type of conlang is it?
-artlang
-fictlang
-lostlang
-engelang
-loglang
-...
(4) Any other information?
So, (1) through (3) basically classify the language, and in (4) is
where you'd mention "language X has 714 noun cases, and 1,239
adjectival cases; it has half a phoneme; it has a writing system
that's so complex it can't even be described or adequately understood
by a human being; verbs inflect for the color of the speaker *and*
the hearer's shirt or blouse; this language has impositions that
break up a single word into two phonologically distinct words".
There might be a way to break up (4) into meaningful subsections,
but I think it would be too cumbersome to use effectively.
-David
*******************************************************************
"A male love inevivi i'ala'i oku i ue pokulu'ume o heki a."
"No eternal reward will forgive us now for wasting the dawn." | https://listserv.brown.edu/cgi-bin/wa?A2=ind0507a&L=CONLANG&P=51922 |
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CONLANG September 2011, Week 4
Subject:
Re: NATLANG: The edge of human language syntax complexity
From:
Logan Kearsley <[log in to unmask]>
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Constructed Languages List <[log in to unmask]>
Date:
Fri, 23 Sep 2011 12:08:48 -0600
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On Thu, Sep 22, 2011 at 8:13 AM, Hugo Cesar de Castro Carneiro
<[log in to unmask]> wrote:
[...]
> BTW, has someone from this list created a language with some kind of
> mathematically/grammatically implausible syntax structure?
That depends a great deal on what you consider to be 'implausible'.
For appropriate opinions on plausibility, my languages Palno & Gogido
could be considered pretty far Out There (although Gogido is intended
to look superficially 'normal', even if it gets kinda weird when you
open up the hood).
Opinions also seem to be somewhat divided over Fith and Lojban, though
neither of their creators is on the list.
-l. | https://listserv.brown.edu/cgi-bin/wa?A2=ind1109d&L=CONLANG&D=0&F=P&P=44180 |
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CONLANG April 2018, Week 4
Subject:
Re: Word Order
From:
Asher Jaffe <[log in to unmask]>
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Wed, 25 Apr 2018 07:29:50 -0400
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Right. VSO makes sense to me because I used to code in Python, where you
call a function with function(input 1, input2), so it was easy for me to
translate that into verb(subject, object). I actually created a conlang
where every verb is treated like a function and the inputs get put in in
arbitrary order determined by a data-type-formatting word inspired by that.
Either way, VSO makes a lot of sense to me as well. In ABS-ERG languages,
OVS might also make sense.
On Wed, Apr 25, 2018 at 3:43 AM, Piermaria Maraziti <[log in to unmask]>
wrote:
> On 25/04/2018 03:32, Michael Martin wrote:
>
> > perception may also be colored by my engineering education. Subject is
> the
> > input, verb is the process, object is the output. (Not a perfect analogy,
> > granted)
>
> [delurking]
> Not a perfect analogy but, similarly, you can think of VSO as a function
> that
> applies to parameters (as in usual function/method calls in imperative
> computer languages - and some functional AFAIK) and of SOV as a "stack"
> language as when in an RPN calculator you input terms and then the
> operation
> (or in historic computer language Forth or conlang Fith by Jeffrey Henning
> https://www.frathwiki.com/Fith )
>
> Ciao! | https://listserv.brown.edu/cgi-bin/wa?A2=ind1804d&L=CONLANG&F=P&P=11354 |
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CONLANG April 2012, Week 1
Subject:
Re: Conlangs in movies (was: R2D2 language)
From:
Gary Shannon <[log in to unmask]>
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Constructed Languages List <[log in to unmask]>
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On Sun, Apr 1, 2012 at 3:07 PM, Adam Walker <[log in to unmask]> wrote:
> The novella Enemy Mine by Longyear was published in 1979 and later
> made into a movie with Louis Gosset Jr in both of which the conlang
> Drac features prominently. I am not sure of the film s date, but I
> believe it antedates Klingon. Adam
Enemy Mine, he movie, was released in 1985. The first appearance of
Klingon language was in 1979 in _Star Trek: The Motion Picture_,
however it didn't really get developed until 1984 in _Star Trek III:
The Search for Spock_. So for all practical purpose they are
contemporaneous. | https://listserv.brown.edu/cgi-bin/wa?A2=ind1204a&L=CONLANG&D=0&P=12798 |
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CONLANG August 2009, Week 3
Subject:
Nasalization in Pakuni
From:
Thomas Alexander <[log in to unmask]>
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Thu, 20 Aug 2009 04:31:28 -0700
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Victoria Fromkin, creator of the Paku language is
quoted as saying (about Paku):
"Anyway, it is a lovely language which I
understand children were beginning to pick
up (which was my purpose of course) -- nice
regular anti-penultimate stress, homorganic
nasals, nasalization of vowels before nasals,
deletion of final vowels before vowel initial
suffixes. A wonderful language!"
Elsewhere, she said that it was made using [only]
English sounds, so that children could learn it
more easily. From what I understand "nasalization"
to mean, this is a contradiction, since I thought
it referred to certain sounds often associated
with French or Portugese.
Looking at the following web page:
http://personal.linkline.com/enik1138/html/pakunilangtest.pdf
which is some homework for a linguistics course,
they ask about nasalization. Please see the original
page if possible, since I'm having trouble with
the formatting here:
---Begin quote---
3. Paku
The following words are Paku, a language spoken by the Pakuni in the NBC
television series Land of the Lost (a language created by V. Fromkin).
V[with an accent] = a stressed vowel
ótu ‘evil’ N mpósa ‘hairless’
túsa ‘evil’ Adj á‚mpo ‘hairless one’
etógo ‘cactus’ N, sg ãmó‚ni ‘hairless ones’
etogó‚ni ‘cactus’ N, pl á‚mi ‘mother’
Páku ‘Paku’ N, sg ãmí‚ni ‘mothers’
Pakú‚ni ‘Paku’ N, pl áda ‘father’
épo ‘hair’ N adá‚ni ‘fathers’
a. Is stress predictable? If so, what is the rule?
b. Is nasalization a distinctive feature for vowels? Give the reasons for your answer.
---end quote---
The answer to "a" is clear to me.
What about "b"? Thoughts?
Amike salutas,
Thomas/Tomaso ALEXANDER. | https://listserv.brown.edu/cgi-bin/wa?A2=ind0908c&L=CONLANG&P=250662 |
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CONLANG September 2011, Week 1
Subject:
Newbie Intro & Lovecraftian Language
From:
John Erickson <[log in to unmask]>
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Constructed Languages List <[log in to unmask]>
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Sun, 4 Sep 2011 12:30:46 -0700
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Hello all, I'm new to the list and fairly new to conlanging in general. I'm
still working on my first serious conlang, which has a very simple, regular
grammar and a vocabulary of less than 1000 words so far. I also have no
formal training in linguistics and am learning as I go, so please forgive me
if I ask dumb questions or make newbie mistakes. That being said...
Has anyone ever tried to make a conlang based on Lovecraft's works? I know
of one English transliteration script, but no full fledged conlangs. I've
been making a half-hearted stab at it but if someone else has already done
it (probably better than I ever could), I won't bother.
P.S. I realize Lovecraft intended for his alien language snippets to be
utterly incomprehensible, but therein lies the challenge and thus the fun. | https://listserv.brown.edu/cgi-bin/wa?A2=ind1109a&L=CONLANG&D=0&O=D&P=15162&F=P |
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CONLANG November 2010, Week 4
Subject:
Re: Readability scores for conlangs?
From:
Garth Wallace <[log in to unmask]>
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Constructed Languages List <[log in to unmask]>
Date:
Sun, 21 Nov 2010 22:49:16 -0800
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On Sun, Nov 21, 2010 at 6:26 AM, Matthew Martin
<[log in to unmask]> wrote:
>
> Dr Frommer in the Conlang podcast also in passing mentioned that one of the
> observations about conlangs and natural languages is how much they expand in
> word count when translated from the English to the conlang. I guess a conlang
> readability score would have to somehow account for that.
AIUI it's usually true that a passage in one language will end up
longer when translated into another, unless the passage was
specifically written to take advantage of features in the target
language. Mainly because the source language will have ways of making
certain things brief that aren't found in the target language, so
longer circumlocutions will have to be employed to get the meaning
across, and text written in the source language is unlikely to rely on
things that the target language is good at making brief. A conlang
source language may exacerbate this due to a small vocabulary, so
unless you're using the coin-as-you-go method, you'd need to work
around lexical gaps with longer descriptive phrases. | https://listserv.brown.edu/cgi-bin/wa?A2=ind1011d&L=CONLANG&D=0&P=1021 |
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CONLANG November 1998, Week 3
Subject:
Re: poetry
From:
Didier Willis <[log in to unmask]>
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Constructed Languages List <[log in to unmask]>
Date:
Tue, 17 Nov 1998 21:04:45 +0100
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lucasso wrote:
>
> next question...
> ^_^'
> what about poetry?
> old poetry in IE langs was based on rhymes or syllabotonism(?)(the
> same structure of stressde or long&short syllabes in one line(i
> don't know the better term and dictionary is too far from my comp
> -_-')) but many languages have rules of stress or of endings that
> makest such poetry not possible, so how may look that poetry?
> i know only japanese 'haiku'... what about poetry in conlangs?
> i know only tolkien's langs poetry (which is syllabotonic and
> with rhymes) ????
I really love the system used in old Finnish and illustrated in
the Kalevala (a series of ancient songs collected by the scholar
Elias Lonnrot -- around 1835, if I remember well): poetry is
mainly based on assonances and for that purpose it is allowed to
alter a word, to use rather unusual derivations or even to insert
meaningless words in the middle of a sentence, in order to get the
perfect sonority and the correct rhymes.
In his essay "A secret vice", Tolkien stated that he was
greatly influenced by Finnish (he even quote a verse from
the Kalevala) but unfortunately he never seemed to envision
a similar system for his own languages. Elvish poetry sounds
well ("laurie lantar..."), but has no grammatical fancy (excepted
free word order).
Though I haven't made my mind yet, I may use such a system
for my conlang Almaqerin. I have tried to define some rules
that would restrict the number of 'weird' derivations and
the insertion of meaningless but pleasant-sounding words,
and would nevertheless leave enough liberty to the poet.
I haven't made anything really satisfying yet, however.
e.Chadas na chadandas "the mad men, o the mad men
Chadandhi aechadelean Mad they were, these mad men"
(were -andas and -andhi are meaningless endings).
As an aside note: why should I try limit the number derivation
by imposing rules? Because Finnish is a 'real' language and may
henceforth tolerate an open and completely free system, but for a
constructed language I think that such rules would make the
difference between "real nonsense" and the "illusion of a real
language". If anything was to be accepted for a conlang, then in
some respects poetry would not be distinguishable from gibberish
-- So the problem here is to find a acceptable compromise between
a Finnish-like system and a structured conlang...
Didier. | https://listserv.brown.edu/cgi-bin/wa?A2=ind9811c&L=CONLANG&D=0&O=D&P=86222&F=P |
It’s well known that JRR Tolkien wrote the Lord of the Rings cycle to create people to speak the languages he had invented. But, in the television age, artificially created or invented languages – we call them “conlangs” – have been gaining increasing attention with the popularity of television series such as Star Trek and Game of Thrones, and films such as Avatar.
Fantasy and science fiction are the ideal vehicles for conlangs. Marc Okrand, an American linguist whose core research area is Native American languages, invented Klingon for Star Trek, while Paul Frommer of the University of Southern California created the Na’vi language for Avatar.
The fantasy series Game of Thrones involved several languages, including Dothraki and Valyrian, which were created by David J Peterson, a “conlanger” who has invented languages for several other shows. Most recently, fantasy thriller The City and The City featured the language Illitan, created by Alison Long of Keele University in the UK.
Read more:
How I invented a new language for The City and The City
I teach how to construct languages and one question my students usually ask is: “How do I make a perfect language?” I need to warn that it’s impossible to make a language “perfect” – or even “complete”. Rather, an invented language is more likely to be appropriate for the context – convincing and developed just enough to work in the desired environment. But here are a few things to bear in mind.
Who will speak this language and why?
It is very important to be clear about the aims of the language and its (fictional or real) speakers. When conlangs are created for a specific fictional character, the aims and speakers are determined by the story, the author or producer.
In some cases, fragments or descriptions of the language do exist. This was the case for Illitan, which was described as having “jarring” sounds in the novel The City and The City and there were a few Dothraki expressions in the first Game of Thrones novel. But what if there are no instructions? In a survey I ran a few years ago, many language creators pointed out that a sense of aesthetics and beauty guided them, along with the need to make the conlangs sound natural and a very pragmatic sense of how easily the languages could be pronounced.
There is also a strong link between language and culture, where some languages attract a large fan base because of the culture and community this language represents. A good example is Na’vi, which attracts many learners because of its welcoming community of speakers. In some cases the language itself has developed a strong culture and community, as is the case for Esperanto, which aims to bring people together regardless of their background and supports a strong sense of solidarity.
Start with sounds
The sound system is typically the starting point for language creators. This makes sense, given that sound is usually the first thing that we encounter in a new language. Do we want our conlang to sound harsh, alien or even aggressive? In the Klingon sound system this effect is achieved as follows:
-
Fricative consonants – like the initial sounds in the words “chair”, “show” and “jump” or the final sound in the Scottish word “loch”.
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Plosive consonants – such as “t”, “p” and “k” – ideally produced with a stronger puff of air than is customary in spoken English.
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Sounds that are unusual – at least to the ears of English speakers, who are typically the primary target audience. So imagine a consonant that sounds like a “k” that is produced far back in the throat (a sound which exists in Modern Standard Arabic) or a “g” that is produced more like a “gargle” and exists, for example, in Modern Greek and Icelandic.
These sounds all contribute to Klingon’s alien quality. On the other hand, Tolkien’s Elvish languages of Sindarin and Quenya were developed to sound aesthetically pleasing and – according to Tolkien himself – are intended to sound “of a European kind”. So Tolkien’s Elvish languages have systems which are much closer to those of European languages such as Welsh, Finnish and Old English, all of which influenced Tolkien when creating these languages.
Read more:
How to invent a Tolkien-style language
Words and customs
Once we know how our language sounds, we can develop words. Here, the link to the culture of the speakers is important in establishing the most important words and expressions. For example, the Na’vi are deeply connected to nature and this connection is ingrained in their words, metaphors and customs. For example, when the Na’vi kill an animal they speak a prayer to show respect, gratitude and humility.
In contrast, the Dothraki – nomadic warriors relying on horses – literally say: “Do you ride well?” when asking: “Are you well?”
Grammar
Now we need to put our words together in a sensible way, including expressing tenses and plural forms. We can do this by adding different endings – so, for example, Esperanto uses the verb ending -as to express present tense, -os for past and -is for future, as in amas (love), amos (loved) and amis (will love).
We also need to decide on the word order and sentence structure. English has a typical structure of Subject-Verb-Object, but an alien-sounding conlang like Klingon may use a more unusual structure like Object-Subject-Verb – for example, the book (Object) – my friend (Subject) – reads (Verb).
Writing systems
Writing systems are bound to the culture of the speakers – and not all languages are written. Cultures with purely oral traditions, like the Dothraki, do not write. However, where such writing systems appear, they are often an artistic endeavour in themselves. The most famous example is Tengwar, one of the scripts Tolkien developed for the Elvish languages.
Klingon maintains its alien quality through very spiky characters and Esperanto, developed to be learned easily, contained some symbols which have subsequently been changed as they were too cumbersome.
So, like natural languages, conlangs change and develop (for example, all conlangs regularly acquire new words). What is important, though, is to keep the speaker community active, otherwise only fragments of your conlang may remain, as is the case for Sauron’s Black Speech in the Lord of the Rings. But given what we know about the evil Sauron, perhaps that is just as well. | https://scifiadvisor.com/how-to-build-a-perfect-language/ |
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CONLANG March 2013, Week 2
Subject:
Re: How to choose the name of a conlang?
From:
"H. S. Teoh" <[log in to unmask]>
Reply-To:
Constructed Languages List <[log in to unmask]>
Date:
Sat, 9 Mar 2013 09:29:43 -0800
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On Sat, Mar 09, 2013 at 07:15:46AM -0500, Carsten Becker wrote:
[...]
> I have nothing figured out yet for my own conlang, but it's been
> peeving me for some time already that I made the name in -i, since -i
> is not a derivative morpheme in this language. People have suggested
> that it might be an exonym. OTOH, the people's endonym might be Ayer,
> though that'd be an unusual word in the language, since only few words
> end in -r.
[...]
Well, you can always retcon "Ayer" as an archaic root that has managed
to retain its original form (or close analogue thereof) after the rest
of the language has moved on. This kind of thing happens a lot in
natlangs -- certain very common expressions and nouns get calcified in
their archaic form(s), long after the language has changed so that those
expressions are no longer grammatical or now misfit the current
structures.
T
--
If lightning were to ever strike an orchestra, it'd always hit the conductor first. | https://listserv.brown.edu/archives/cgi-bin/wa?A2=conlang;d0424e4c.1303b |
Mike Savage and Niall Cunningham demonstrate how a focus on inequality can deepen understanding of major political events through their analysis of the Brexit vote in the United Kingdom. Pairing the results of their Great British Class Survey with the geography of support for Brexit, and using data visualization tools, the authors show how the UK regions that voted for Brexit (and the anti-elite sentiment behind it) are also those areas most affected by growing inequalities, social and cultural, as well as economic.
With so much attention to the issue of inequality and its documented growth in the United States and elsewhere, why join the fray? What more is there to say? Quite a bit, we think.
Inequality’s explosive growth in the first decades of the twenty-first century has become a profound concern for scholars. Fueled in part by the publication of Piketty’s Capital in the Twenty-First Century and myriad other studies on the sources and effects of increasing inequality, as well as the significant public attention it has received, inequality has become a rallying cry for many social scientists. With this entirely salutary level of attention come potential complications, both conceptually and institutionally.
Indeed, a sort of “bandwagoning” effect may be underway, and one goal of this series is to shed light on this bandwagoning, a phenomenon that social scientists have long explored from various perspectives (but rarely in analyzing scholarly trends). At least as important, this series solicits essays from leading scholars that engage some of the complexities raised by all the attention—as a way to make sense of current research and debate, to imagine future scholarship, and to think strategically and critically about how scholarship might shape efforts to mitigate the concentration of wealth.
As the issue of inequality has entered public debate and become increasingly prominent in the academy, its meanings and uses have expanded and, at times, absorbed related concepts. Essays in this series attempt to clarify inequality as a concept in both its empirical and normative senses, and to explore its relationship to equality, poverty, social mobility, social justice, and other related constructs of fairness and human well-being. Some contributions will engage recent changes in wealth and income disparities between nation-states and suggest analytical frameworks and tools for thinking about the different directions taken by inequality within and between nations, and about whether and how they are related.
Lastly, the series will feature a set of essays by leaders of university-based institutes and programs devoted to research and training on the topic of inequality. They offer a variety of perspectives on the ways in which inequality as a field of study is being institutionalized in the academy and the diverse set of concepts, disciplines, and methods being mobilized.
Problems against Symptoms: Economic Democracy and Inequalityby Suresh Naidu
In the latest contribution to our “What is Inequality?” series, Suresh Naidu argues that the recent focus on income redistribution as a remedy for inequality can distract from more fundamental limitations to the liberty of workers as economic actors. Naidu explores the nature of the labor contract in capitalist economies and other constraints on “economic democracy,” and suggests reforms that would make unions more effective in addressing these constraints.
Are We Having the Right Discussion about Inequality in the Twenty-First Century?by Kevin Leicht
In this contribution to the "What Is Inequality?" series, Kevin Leicht argues strongly that, given the nature and extent of economic inequality in the United States today, scholars and policymakers should address it directly rather than emphasize its social and educational dimensions. Leicht claims that research and public discourse on gaps between identity groups, and on the importance of education for social mobility, distracts attention from the deepening economic differentiation within groups and the need to address broader issues of labor market outcomes and wages.
Do Disciplinary Boundaries Keep Us from Asking the Right Questions about Inequality?by David B. Grusky and Kim A. Weeden
In a contribution relevant to both our features on inequality and interdisciplinarity, Kim Weeden and David Grusky examine how tendencies to analyze inequality within disciplinary frames may make it difficult to address key questions about the forms that inequality takes across societies. The authors, who direct centers on inequality at Cornell and Stanford, respectively, focus principally on the assumptions and measurement strategies of economics and sociology and provide suggestions on how these fields can collaborate to provide a deeper understanding of how inequality is structured and how it changes.
In Defense of Povertyby Ananya Roy
Ananya Roy, director of UCLA Luskin’s new Institute on Inequality and Democracy, is concerned about the ubiquitous presence of inequality discourse within and beyond the academy. As one mechanism for the “repoliticization” of inequality, Roy calls for revived and critical attention to the concept of poverty. In particular, Roy focuses on impoverishment (and responses to it) as an active social process, how poverty comes to be defined as a social problem, and, at a global level, how conventional notions of North and South need to be reimagined in order to grasp the transnational dimensions of poverty and inequality.
Durable Social Hierarchies: How Egalitarian Movements Imagine Inequalityby Elizabeth Anderson
Elizabeth Anderson’s essay in our “What is Inequality?” series calls attention to the limits of conceptualizing inequality through the lenses of distribution and discrimination. Anderson emphasizes a relational approach to inequality, one that focuses on enduring social hierarchies. Looking at inequality relationally, Anderson argues, better helps us understand the goals of egalitarian social movements in a way that encompasses claims for distributional fairness and the elimination of discriminatory practices.
Two Approaches to Inequality and Their Normative Implicationsby Erik Olin Wright
Erik Olin Wright helps launch our “What Is Inequality?” series by offering two narratives of inequality. One focuses on individual attributes and the norm of equal opportunity, the other on social and political structures and democracy as a normative ideal. In arguing for the structural approach, Wright contends that power relations shape the distribution of opportunities, and thus inequalities, in ways that are beyond what can be captured by a perspective that focuses on individual attributes alone.
Three Puzzles in the Study of Inequalityby Jennifer Hochschild
Jennifer Hochschild’s contribution is the first of several essays in our “What Is Inequality?” series that reflect on how university-based programs and institutes promote research and training on inequality. Hochschild outlines how the program she leads at Harvard provides both disciplinary and interdisciplinary perspectives for the study of social policies that shape or address inequality. She then discusses three understudied substantive dimensions of inequality that demand further attention from students of social policy: deeper knowledge of those at top of the socioeconomic ladder, the relationship between economic and political inequalities, and better understanding of the trade-offs involved when inequality increases within historically marginalized groups. | https://items.ssrc.org/category/what-is-inequality/page/2/ |
We were pleased to be invited recently (via The Sutton Trust) to make a submission to the All-Party Parliamentary Group on Social Mobility Inquiry into the Regional Attainment Gap, which you can read below.
Introduction
The Equality Trust regards regional disparities, including in educational attainment, as a component part of overall economic and social inequality in the UK. There is undoubtedly merit in spreading best practice from higher achieving regions to worse performing regions but the best and most strategic approach to improving educational attainment across all regions, would be to make the UK more equal.
The evidence
There is ample evidence that more equal countries produce better educational results and have better social mobility. Put simply, greater equality of outcomes narrows the rungs on the ladder of opportunity and makes socio-economic advancement less “sticky” – i.e. less adhered to - and dependent upon - parental resources and social status. For more detail on the precise mechanisms that flow from inequality to low social mobility, our research digest on social mobility from 2012 is helpful.
In 2011, the Institute for Fiscal Studies concluded, in a wide-ranging study of the available evidence, that it is “likely to be very hard to increase social mobility without tackling inequality”. We would contend that this is still very much the case and in April last year our co-founders and Trustees, Profs Richard Wilkinson and Kate Pickett (authors of The Spirit Level and The Inner Level), in a review of the issue, concluded that “without equality of income there can be no equality of opportunity”.
Our vast income inequality in the UK is also fuelling a rise and entrenchment in wealth inequality. Excessive top incomes and bonuses quickly translate into assets, notably property. This vast wealth inequality has a chilling effect on social mobility and opportunity. As Torsten Bell from the Resolution Foundation put it recently: “To paraphrase the French economist Thomas Piketty, who was born with what and who marries whom might make for a good Jane Austen novel, but it can’t be an acceptable answer to the kind of country we want to build.”
This is compounded by the fact that the less intelligent, less able and less industrious rich (due to their connections and existing wealth) tend not to fall down the economic and social pecking order, thereby hoarding opportunity and limiting the opportunities of those seeking to rise. In these ways it is easy to see the truth of Michael Young’s famous insight that meritocracy can quickly give way to aristocracy and that the whole concept of social mobility could even be seen as something of a red herring as our Executive Director, Dr Wanda Wyporska, outlined in her recent TEDx Oxford talk.
Conclusions
To genuinely improve social mobility in the UK, the over-arching policy priority has to be for a massive and sustained reduction in economic inequality (so both income and wealth). This will require bold policies and, crucially, for such policies to be carried forward as an integrated Inequality Reduction Strategy, embedded across all government departments. Our new national Manifesto for a Fairer Society outlines the sort of policy changes required.
While we support the dissemination of best practice that promotes high educational attainment we are sceptical that it will have much impact. Interventions that try to correct for the impact of inequality on social mobility (early years education intervention, parenting interventions and so on) have (a) a very weak evidence base and (b) fail to address the "causes of the causes" (thus the interventions will be needed for ever and ever) and are (c) very expensive and, therefore, subject to changes in governments and political priorities (and in relation to political priorities, we would like to state that there is no evidence that expanding grammar schools will improve our education system or our chronic social immobility, in fact, quite the reverse).
In any event, such interventions cannot be expected to correct the enormous dead-weight of problems created by inequality for families - debt, long working hours and chronic stress leading to more mental and physical illness. | https://www.equalitytrust.org.uk/social-mobility-will-not-happen-without-greater-equality |
The great controversy regarding the results of the application of market-oriented policies on the population's conditions of life, especially about the inequality in the distribution of income, has constituted the concern that has given origin to this paper.
With the objective to test the hypothesis that a free market structure promotes a better income distribution, we have carried out several quantifications of inequality indices in the different structures of the labor market in Bolivia; also, a microsimulation model has been applied, to see whether change toward a market-oriented structure can improve the distribution of income and, lastly, we have carried out an exercise to link income inequality with social mobility.
The reached results, although they are not the sufficiently strong to validate the hypothesis, are sufficiently clear to show us that the free market policies do not act in a negative way on the income distribution.
Resumen
La gran controversia que existe respecto a los resultados de la aplicación de políticas orientadas al mercado sobre las condiciones de vida de la población, en especial sobre la desigualdad en la distribución del ingreso, ha constituido la preocupación que ha dado origen a este trabajo.
Con el objetivo de testear la hipótesis de que una estructura de libre mercado promueve una mejor distribución del ingreso, hemos realizado varias cuantificaciones de índices de desigualdad en las distintas estructuras del mercado laboral en Bolivia; asi-mismo, se ha aplicado un modelo de microsimulación, para ver en que medida un cambio hacia políticas orientadas al mercado puede mejorar la distribución del ingreso y, por último, se ha realizado un ejercicio para vincular la desigualdad del ingreso con la movilidad social.
Los resultados alcanzados, si bien no son lo suficientemente fuertes para validar la hipótesis, son lo suficientemente claros para mostrarnos que las políticas de libre mercado no actúan de manera negativa sobre la distribución del ingreso.
1. Introduction
One of the more controversial elements in social analysis is how the market logic can deteriorate intra-group solidarity relationships. In our perception, that hypothesis is not correct. To the contrary, we think that the closer the activities are to the logic of the market, the more competitive processes will diminish the differences among individuals, especially in what corresponds to the income distribution.
Based on that assumption, in September 2005, we elaborated a draft paper: "Mercado y desigualdad" (Working Paper No. 09/05-IISEC, UCB). The valuable comments of our colleagues of the university prompted us to continue working in this issue, resulting in the present paper.
Sections 2 and 3 of this paper review the theoretical framework on the economic rationality and the economic structure of Bolivia. In section 4 we decide to maintain a brief presentation of inequality indicators, especially with pedagogic objectives for our students' use. The fifth section, which referred to the inequality in the labor market of Bolivia, was re-worked, incorporating the comments that we received, especially in what corresponds to the processing of the information contained in the MECOVI (2000). The sixth section introduces a new test of inequality, developed by Bourguignon. Ferreira and Leite (2002). In section 7, we include an exercise to analyze the links between income distribution inequalities and social mobility. Lastly, we present the conclusions.
It is necessary to highlight that this paper is only a second approach to understanding the problem, and we think that the results obtained do not lead us to definitive conclusions; to the contrary, they open new alternatives for further investigations.
2. A Note about economic rationality
It is possible to define a human being like an animal with rational expectations or, precisely, we can distinguish a human being from other living creatures because they have three basic axiomatic necessities: "to be", "to have" and "to do." According to Hegel, the first category of his dialectical system is "to be", that is, the existence. Only if we take for granted the "to be" axiomatic necessities then we can define in the dialectical system, a "not to be" (Findlay, 1969). In human terms "to be" means identity and recognition. In other words, the history of mankind has been, "it is, and it will continue being", a constant fight for recognition. Power, wealth or merit, are only goods to satisfy the need to be recognized.
The need "to have" it is a natural requirement of appropriation, through the use of our work force, of natural resources for the human enjoyment. Although some theoretical approaches have tried to build a paradigm based on common or collective property, all these have failed because consumption has an individual character. No matter how much a group of people meets around a common table and share its goods, utility or satisfaction comes from consumption. The capacity to organize around this common table requires, a priori, the existence of private and individual property rights. Regardless of the need "to have", the concept that one person knows the value of goods is very important Several theories failed because they value goods based on the work approach, when, in fact, value is determined by individuals.
The need "to do" shows us a reference to the positive and the negative freedom, that is, the individual requires acting in a system where her rights are not hindered by the desires of other human beings and, at the same time, in a self-determined capacity (Berlin, 1958).
Before discussing the economic rationality, it is necessary to complete this trilogy of: "to be", "to have" and "to do", with a new axiomatic necessity. We refer to the necessity of trust, defined in the sense of Fukuyama (1996) as capital stock.
In the context of the exposed needs, the economic rationality is not another thing that makes an economic agent choose among a group of opportunities that he/she faces. People always choose the basket which dominates the other. This helps us to clarify the following components of this definition: rationality, election, group of opportunities and dominant alternative.
As Phelps (1986) clearly exemplifies, when a molecule collides against another object, it changes his trajectory. It is not possible to say that this change has been favorable or unfavorable, because the molecules do not want to arrive anywhere. On the contrary, human beings always make or say something with the purpose of reaching some objective, for which their decisions are rational in the sense that they support the attainment of their objectives. Election presupposes freedom, in the sense that it shows the capacity to opt for an alternative while rejecting the other ones. According to Sen (1988), the group of opportunities is known as capacities, those that represent the diverse combinations of operations that a person can reach, linked to the freedom of an individual to choose a type of life or another. The dominant alternative makes reference to the election of that opportunity by offering a bigger quantity of goods that the other ones.
Is this concept of rationality applicable to any group of people? The logic seems to behave as above, and, evidently, it is possible to apply this behavior as a reference model to investigate the behavior of the human being in its search to satisfy its needs at the highest possible level. Based on a cultural relativism, the critics of economic rationality only build models created in paper, but that they do not have any correspondence with reality (Mercado, 1997).
3. Segmentation of the economic structure in Bolivia
The heterogeneity that characterizes the labor market in Bolivia has generated a wide academic discussion from the decade of the 80's to the present, and it has produced a vast collection of literature. During the 80's, dependence theory predominated, and the search explained the labor phenomena base as an excess of the labor supply.
Within this context, the informal sector constituted itself as the paradigm for explaining labor market heterogeneity. It is necessary to highlight that the informal sector was not able to develop a group of solid categories that could allow us to give a correct exegesis of what was happening in the interaction between the goods and services market and the labor market.
The project "Work organization and distribution of income in Bolivia", carried out by the Ministry of Planning in 1979, opened a new analytic perspective. Two research papers were derived from this project, and those created a conceptual approach that reflected, in a better way, the complexity of the labor market in Bolivia. Donoso (1980) tell us that in Bolivia, labor relationships do not correspond to purchases and sales of labor force. Donoso, in order to prove her hypothesis, she carried out a survey to conclude that commercial capital relied greatly on independent agents for the distribution of its products. These independent distributors belong to a necessity of subsistence, but they also satisfy the necessity of distribution of the commercial capital, for which it is possible to consider them as the long arms of the commercial capital. This analytic proposal shows us that the frontiers of the labor market are very diffuse, and today they probably have more relevance than in the decade of the eighties. This phenomenon is not only present within commercial activities; productive capital includes this kind of practice as well.
Fernandez (1983), constituted the theoretical framework of the discoveries of the work relationships in the different sectors of goods and suppliers of services in Bolivia. This investigation tells us that to study the structure and the operation of the labor market, it is necessary to start analyzing the iterative process of wealth creation that forms the relationship among the agents of the productive unit.
Fernandez establishes a categorized structure of the labor market relationships, and later investigations consider this structure as instruments of segmentation of the labor market. In contrast to other categories developed in later studies, we have only taken into our analysis capitalist, semi-capitalists and family relationships.
Capitalist relationships are those that characterize the sector whose production is typically capitalist, based on waged manpower. There exists a real division of the work between the capital owners and the workers, which is also reflected in a bigger division of the work. In this environment, we can suppose that waged manpower corresponds to the productivity of the workers. In this sector, the workers have more capacity to organize in unions and, therefore, they have more capacity to push for the fulfillment of labor legislation. For our paper, we assume that this labor market segment is the nearest approximation of the market rules.
Semi-capitalist relationships correspond to those that are in the process of wealth creation, through which the capital owner is directly integrated with the work process. In other words, contrary to the capitalist units and the semi-capitalist units, the owner works together with the laborers, and there is no clear division of the work. In this segment of the labor market, the wage earners do not have union organizations to push for their labor rights; rather they are associated with organizations that include the capital owners. In sum, this segment of the labor market is an intermediate state between family organization and capitalist units, but this does not mean that they are a step toward the formation of capitalist units.
The family units are those in which the members of the labor force are also members of the family. One can attempt the hypothesis that these units respond to the survival strategies of the families. In this case, all the workers are members of the family, and production is also a family property. This segment of the labor market is far away from the market rules, and it does not fit the capitalist logic.
Following Fernández (1983), it is necessary to highlight that capitalist relationships are not presented in a pure form, which is, this form, through the articulation mechanisms, is presented among the different forms of organizing production. The articulation unit is generally linked to the market rules.
In the same analytic logic, the work of Laserna (2004) seeks to find the relationship among the forms of organizing production in Bolivia. However, contrary to Fernandez, he does not explain the heterogeneity of the Bolivian economic structure starting with the relationships that characterize labor market relationships. Moreover Laserna identifies different economic structures based on their form of exchange and consumption of goods and services. Following this assumption, he classifies the market into three structures: the natural base economy, the mercantile economy and the family economy.
The structure of natural base is organized starting with access to the basic natural resources, such as earth and water. Their presence would be fundamental in a rural economy with strong community characteristics. The production decisions do not correspond to the market rationality and do not respond to the logic of maximizing benefits. The mercantile economy is formed by units organized to compete in markets, and they rest in a capitalist organization. The family economy is a symbiosis of the characteristics of both previous structures. They act in the market in the moment of selling their products, but in the creation of wealth, they take the form of family organizations.
As we can observe, Fernández' pioneer research and the recent work of Laserna are complementary, and they require a conceptual discussion and some additional empirical studies to build a combined structure organized by category. We believe that this would be an important advance in the search for an understanding of the heterogeneity that characterizes the Bolivian structure.
With the objective of building a wider explanatory model, it also would be important to incorporate the sociological point of view of the phenomenon. In that sense, Toranzo (1982, 1993), opened the vein to investigate the rationality and the reproductive logic of the economic agents that form the unit of articulation in the economic process. The concept of "burguesía chola" (chola bourgeoisie) does not imply only an ethnic characterization. It is a concept that allows us to build a different dialogue about the behavior of the commercial and productive capital. This approach, when it is combined with a multiethnic vision, can give us a new analytic framework to understand the complexity of our economic and social structure. These elements exceed the objective of this paper. However, we consider that they should be reviewed in future investigations.
4. Measuring inequality
The basic element in all inequality measurement systems is the comparison between real or observed distribution and a foreseen or normative distribution. In the specific case of income (or wealth) inequality, the normative distribution is based on the democratic conception of justice, regarding the enjoyment of an arithmetic equality, that is, a distribution where the proportionality is equal to one.
The accumulative distributions rank individuals according their advantage ratios, allowing a figure comparison, as in the case of the Lorenz curve. With the objective of carrying out more precise estimates of inequality, diverse indicators have been created, each one with different grades of complexity and biases. Among the simplest indicators, we can mention: i) the Coefficient of Variation (standard deviation of the incomes divided by the arithmetic mean); ii) the Logarithmic Variation (standard deviation of the income logarithms); and iii) the Gini coefficient and the Theil index are the most common inequality numerical indicators. Moreover, we can find other more complex inequality indicators like the Atkinson coefficient, the Rawls index among others.
The inequality indicators that are used in this paper are: the Lorenz curve, Gini coefficient, Kakwani index, Theil index and Atkinson coefficient. In the following text, we present a brief presentation of them.1
The Lorenz Curve represents the distribution of income, relating the population's cumulative percentages with the cumulative percentages of income. "Area A" in Figure 1 is known as the concentration area. The bigger area A is resultant of the "real" distribution compared with the "equality" distribution, the more concentrated income will be.
The Gini coefficient varies between zero and one. Zero is the ideal situation in which all the individuals or households have the same income, and one represents the value when incomes are concentrated on few individuals or households. The Gini coefficient is a value derived from the existent difference among each one of the deciles with regard to its deviation of the equitable norm, normalized with regard to the population's size. It shows us the grade of inequality that exists in the distribution of income.
Where:
X: Population's cumulative proportion
Y: Cumulative proportion of the incomes
The Kakwani Index. When we refer to income, the Kakwani coefficient of concentration is equivalent to the Gini coefficient, taking values between 0 and 1. The closer to zero the coefficient is, the better the distribution of income will be; when the coefficient is closer to 1, there will be a bigger inequality. The Kakwani index is obtained from the behavior of the Lorenz curve, but, contrary to these, the concentration coefficient can found in the area above or below the diagonal of perfect equality Equation 2 shows the mathematic form of this coefficient:
Where:
n: Number of observation classes
x: Income of each class
The Theil Index has the particularity of being divisible into two elements: a component of inequality between groups and an intra-group component. The Theil index varies between zero (perfect equality) and Ln(N) (perfect inequality).
It can break down into "n" hierarchical levels because it has the property of a mathematical fractal, that is, it replies in itself. The individuals can be divided into "n" groups while each group is mutually exclusive. Therefore, the advantage of this statistical index is its flexibility and capacity to rank groups.
Where:
ITE: Measures the inequality among groups
ITD: Measures the intra-group inequality
g: Groups from 1 to k
p: Individuals from 1 to n(g)
The Atkinson Coefficient The Atkinson coefficient allows us to introduce subjective values in the process of measuring income inequality. These yardsticks are captured by the coefficient e. If ε = 0, it means that the society is indifferent to inequality, whereas if ε = 1, it would indicate the society only worries about inequality.
For their derivation, it leaves a concrete well-being function. The Atkinson coefficient of equality is defined as the income distributed in an equality path and the average income of the economy.
Where:
mi: Average income of the class
mt: Average income of the whole population
fi: Population's percentage that is in the worst class
R: Total Number of classes
ε: Coefficient of aversion
This index shows us that if we reduce the income levels by a specific quantity, at a maximum, it can maintain the same levels of well-being in the population. When the index is closer to one, the society comes closer to a perfect inequality. If it is closer to zero, we are close to an equal distribution.
5. Market and inequality in Bolivia
In this section, we used the database of MECOVI (2000)2 for the capital cities and the city of El Alto, carrying out the following refinement: people who work in the government sector have been eliminated because we consider that high differences in wages respond to external factors that would alter our results. Likewise, family workers without remuneration and workers within cooperatives3 have been eliminated because the observations were very few and we could not identify clearly whether they were wage-earners or not.
In the following Figures (Figure 2 and Figure 3), we have wage and income distributions for the "Market" and the "Non-Market", respectively; where the "Market" corresponds to workers that carry out their labor activity based on wage relations, and the "Non-market" represents workers whose labor relationships do not correspond to wages (self-employed workers). In both cases, for the presented figures, we do not include incomes greater than Bs. 4,000 monthly because their statistical representation is small. As can be observed, the concentration of workers in lower income levels is greater for the case of the "Non-market" than for the case of the "Market". The highest frequencies within self-employed workers are in the three lower classes. Fifty-six percent of these workers have smaller incomes than Bs. 601 while in the case of waged workers only 29 percent of them have a smaller income than Bs. 601 monthly.
It can also be observed that in the superior classes, that is to say, incomes greater than Bs. 601, the waged workers are above self-employed workers. This first approach shows us that workers in the "Market" have higher incomes than those who work in the "Non-market". This element would explain, partly, the pressure of workers to search for waged activities, especially when we study the behavior of the household heads.
Before explaining the results obtained for the income distribution inequality in the "Market" and "Non-market" sectors and comparing them in order to assess in which sector the income distribution inequality is bigger, it is necessary to note that a direct observation would be misleading, as long as income differences explained by productivity cannot be taken as an indicator of inequality.
Therefore, the Mincer regression would allow us to find more precise results. The regression includes years of education, age of the workers and a gender dummy variable. The dependent variable is the logarithm of household income, according to the main household activity, and the independent variables are: age in years (YEARS), age in years squared (YEARS2), years of education (EDUCT), and gender dummy (Male = 1, Female = 0). All the variables are significant, and they present the expected signs. In addition, the regression fits well (Table 1).
All the observed data were normalized with a base in this regression, so that the subsequently presented analysis of inequality is corrected by these variables.
Figure 4 shows a first approach to the comparative distribution of income between "Market" and "Non-market". We can observe clearly that the income distribution in waged activities is less unequal than in the non-waged activities. In other words, the more closely labor activities are to the market, the more equal income distributions are within this group. From another point of view, the closer the labor activities are to self-employed activities, the higher inequality among them is.
In the following figures (Figure 5 and Figure 6) the Lorenz curves are plotted for the "Market" and the "Non-market" sectors classified by gender. As can clearly be observed in Figure 5, the curves are very close, showing us the difference in inequality for the workers (male and female) who work in the "Market" is small. On the other hand, in the case of the activities within the "Non-Market", inequality is bigger, even more for the women subset (Figure 6).
In order to quantify the income inequality between the "Market" and the "Non-market" sectors, we have calculated the Gini coefficient, the results of which appear in the Table 2. It is observed that the inequality in the income distribution is higher within the "Non-Market" sector, that is, inequality is higher in labor activities where people are self-employed rather then activities subject to wage conditions. These results corroborate what we have observed in the Lorenz curves. In the same way, inequality by gender is higher in the women intra-group in comparison with the men intra-group.
Following the Gini coefficient, the Theil index has been calculated. As shown in Table 3, it is evident that income inequality is higher in the labor activities outside the logic of the market as well as that the inequality is higher for the women in the "Non-Market" that in the "Market."
In the same way, the Kakwani index has been used (Table 4), and the results are similar to the previous one. That is, the inequality in the income distribution is higher in the sector that is furthest from the market rules.
The next step has been to investigate the inequality of income distribution at a more disaggregated level. For that we have taken workers in function to their location in what we denominate "Sectors of the labor market." The Lorenz curves in Figure 7 show us that the inequality in the distribution of income among workers who work in the capitalist sector is smaller than the inequality that is presented in the incomes of the workers who are in the semi-capitalist and in the family sector as well. It is necessary to highlight that the difference in the degree of inequality among the capitalist and the semi-capitalist sector is small.
In Table 5, the results from the Gini coefficient analysis are presented by sector within the labor market and by gender. The income distribution worsens when we move away from the market labor conditions.
Lastly, to confirm the previous results, in Table 6 and Table 7 the Theil and Kakwani index are presented by market sector. These results prove the hypothesis, that is. the further labor activities are from the logic of the market, greater the inequality in the income will be.
6. The Bourguignon model
The pattern developed by Bourguignon, Ferreira and Leite (2002) is a model of stages of micro simulations that expands the method of income decomposition proposed by Oaxaca-Blinder (1973), because it allows some variables of the income equation to be determined in a prior process that is also valued by the groups of study in a separate way. A distribution of the characteristics is simulated and substituted for the mean values of the observed characteristics.
A brief description is summarized in the following steps. First, it is necessary to divide the sample in two study groups. For the current study between market and non-market sectors, the non-market income is simulated under the supposition that it is the market.
Second, the pertinent estimated equations are:
Where:
X, Y : Education level
X1,Y1:Age
X2, Y2: Level of the mother's education
X3, Y3: Region
The technique to estimate the equation is a polynomial logit for the "market" group. The coefficients estimated in the first equation are substituted in a similar equation for the "non-market" group (equation 1).
The third step consists of carrying out a polynomial logit model for the market. In the case of the simulated equation for the non-market, we will only include the women, then:
Where:
A, B : Number of children in each respective group
A1, B1: Age
A2, B2 : Level of the mother's education
A3, B3: Region
A4, B4: Education
The fourth step, similarly, estimates the behavior of the working sector for the group of the market through a polynomial logit model and uses their coefficients in the estimated equation for the non-market:
Where:
W, Z : Working sector
W1, Z1: Age
W2, Z2: Level of the mother's education
W3, Z3: Years of education
W4, Z4: Composition of the family
W5, Z5: Number of children (Only for the women)
Finally, the model considered the income for the market through the Ordinary Least Squares model. The calculated coefficients will be used to simulate the income of the non market:
Where:
M, NM : Represent the income of the market and of the non market, respectively
M1, NM1: Age
M2, NM2: Level of the mother's education
M3, NM3: Years of education
M4, NM4: Working sector
M5, NM5: Region
According to the results found in Figure 8, the estimated distribution for the non-market corrected by the coefficients of the market clearly shows progress, with indications of improvement in the perception of incomes when the individuals are close to the market rules.
7. Inequality and social mobility
As Mercado et al. (2004) highlights, although the per capita income and the index of income concentration give us the level of well-being of the households in a certain moment, it is important to know the movement of these indicators. It is in that sense that social mobility acquires significance.
A first approach to the concept of social mobility was presented by Berhman (1999) who maintains that this refers to the movements carried out by the economic agents among periods of time relating to their indicators of socio-economic status. Albridge (2001) specifies the concept highlighting that social mobility is not only an indicator tied to temporal movements. It also includes opportunities to move among different social groups, that is, opportunities to enter the labor market, employment securities, development opportunities, and others.
Hassler, Rodriguez Mora and Zeira (2002) develop a model in which social mobility and wage inequality are determined simultaneously and endogenously. In this model, they show that wage inequality has two opposing effects on upward social mobility: the incentive effect and the distance effect. When future wage inequality is expected to be high, this provides an incentive for investment in education, which increases upward mobility. However, high wage inequality also reduces the possibility for the poorest segment of the population to invest in education, thus decreasing their upward mobility. This second and opposing effect is called the distance effect.
In this section, we will use the Atkinson coefficient to measure the inequality of income among the different groups that form the labor market in Bolivia. Our objective, as in the previous sections, is to test whether the proximity to an operation based on market rules can increase or diminish the inequality in the income distribution.
As explained in section 4, the Atkinson coefficient uses an aversion coefficient to measure the inequality of income distribution. Whereas the direct measure of this aversion coefficient is not obtainable with the information from our database, we have taken the index of social mobility as a proxy to the aversion coefficient. It is possible to accept that some correlation exists between aversion to inequality and our social mobility index. Indeed, with a higher aversion level to inequality, one would have a higher level of social mobility. A lower aversion level to inequality signifies the society would be willing to accept a lower level of social mobility.
Under that hypothesis, the Decomposition of Fields is presented with the purpose of determining the Social Mobility Index as a proxy to the aversion coefficient in the Atkinson coefficient.
Based on a function of standard income generation, where the logarithm of an individual's income "i" in the period "t", it is specified in the following function:
Where the first term represents the vector of the income logarithms, and Z is the vector of all the explanatory variables of the sample, that is:
We can illustrate the derivation of the Decomposition of Fields better by taking the variance of the logarithm from both sides of the equation of incomes. Carrying out the exercise in the first equation of the log-variance of income, we find the second side can be manipulated in the following way:
Next, we divide the equation by the variance of the logarithm of the income:
Where the proportion of the variance of the logarithm of incomes is explained by each of the variables, and these are the relative contributions to the factorial inequality.
The relative contributions are applied to a wide number of measures of inequality, such as the Gini and Theil indices and others.
Following the methodology proposed by Andersen (2003) for the calculation of the Social Mobility Index, we take the relative contributions of greater significance to simulate the degree of aversion to inequality introduced in the Atkinson coefficient. In "fable 8 the Fields Decompositions and the Social Mobility Index are presented.
Based on Table 8, the Atkinson coefficient was calculated to test the hypothesis that the closer the labor activities are to the logic of the market, the lower inequality of income distribution is observed (Table 9).
8. Conclusions
The successful experience, in terms of economic growth and the improvement of the population's living conditions, observed in several countries shows us that all reached such achievements thanks to the application of market-oriented policies. This verification, transferred to the structure of Bolivia, led us to investigate whether there exists direct a relationship between the population's living conditions, specifically those related to the distribution of income, and its production organization based on the specificities of the free market concept. Although the results we have obtained in these quantification exercises are not sufficiently robust to conclude definitively that workers who labor in segments closer to the market logic present lower inequality in the income distribution, the results are sufficiently clear to show us that it is a false hypothesis that the more market-oriented the economy is, the higher the inequality of income distribution will be.
It was observed that the differences between the capitalist form and the semi-capitalist form of organizing the production were quite clear two decades ago have stumped economics today. This is not for a lack of transition by the semi-capitalist units toward the capitalist form. To the contrary, a greater number of informal activities exist in the capitalist form; or, more precisely, the higher levels of articulation in the capitalist sector are not developed in the same way, that is, under a specified market.
Beyond having found indications sufficiently valid to drive us to support a market-oriented economy as a mechanism to reduce the inequalities in the distribution of income, the social framework observed in Bolivia has generated a hybrid economic structure, tremendously diffuse, that is, different forms of organizing production do not have defined frontiers.
On the other hand, the bibliographical revision done to identify the categories of explanatory behavior for the production factors reflected the necessity to carry out some reductions in the database that certainly impede the application of our conclusions to every aspect of the labor universe.
This limitation exists because the characteristics of the available information do not reflect the complexity of the relationships that characterize our hybrid economic structure. In further research, it will be necessary to carry out a more conceptual study, which permits the better articulation and construction of a categorized household survey that reflects the complexity of this structure.
Notes
* The authors would like to thank Jorge Leiton for many valuable comments and suggestions. The very constructive comments received from Miguel Fernandez and Gustavo Canavire are highly appreciated, as well as the help we received from Javier A. Ibiett.
** Alejandro F. Mercado and Tirza J. Aguilar are Director and Senior Researcher of IISEC, respectively.
1 A detailed explanation of the main indicators of inequality can be found in Contreras (1998).
2 Encuesta de Mejoramiento de condiciones de Vida. 2000. The objective of this survey is to generate appropriate information on the conditions of the population's life.
3 A cooperative is a group of people with some economic and physical necessities in common that they unite with the purpose of lending service as a means to the community that surrounds them.
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Most economists believe that income inequality is bad for the economy, according to a recent AP survey. Most worry that consumption will be flatter when the income gradient is steep, which will undermine growth. But this appears to be more of a hunch than a fact. There is in fact no compelling evidence that inequality and growth are causally related: as a new paper by the economist Jared Bernstein confirms. There is no solid evidence that income inequality and growth are related, in either direction.
Inequality is back in the news, thanks to President Obama’s big speech on inequality. It may not be dinner-table talk in most American households. But it has provoked an animated debate among bloggers, wonks, and politicos. Unfortunately that debate has often be confused, in part because of an unhelpful conflation of different economic factors: income inequality; intergenerational mobility; and middle-class living standards.
Inequality: Big in the Wonkosphere
Paul Krugman agrees with the President that inequality is the “defining challenge of our times,” and hails the speech as a pivotal political moment, which could signal a new egalitarianism.Neera Tanden insists that addressing income inequality is good politics for the Democrats; Jon Cowan and Jim Kessler think it would be “disastrous.” Ezra Klein questioned whether inequality really is the “defining challenge,” asking provocatively: “Imagine you were given a choice between reducing income inequality by 50 percent and reducing unemployment by 50 percent. Which would you choose?” Klein quotes liberal economist Jared Bernstein, who has just released a paper on inequality and growth: “there is not enough concrete proof to lead objective observers to unequivocally conclude that inequality has held back growth."Heather Boushey argues that pre-k will be good for growth and good for inequality. Meanwhile, Scott Winship doubts even the data, suggesting that “the empirical case that rising inequality is the challenge of our time is less than compelling.”
Talking Past Each Other
Who’s right? They’re all arguing about inequality, but is the President? Here is what Obama actually said: "There’s a dangerous and growing inequality and lack of upward mobility that has jeopardized middle-class America’s basic bargain that if you work hard, you have a chance to get ahead. I believe this is the defining challenge of our time: making sure our economy works for every working American…” O.K., Mr. President, can I stop you right there? What is the defining challenge again? Is it “dangerous and growing inequality?” Or “lack of upward mobility?” Or “making sure our economy works for every working American?” Because those are three distinct “defining” challenges—which may or may not be causally connected, and certainly do not demand the same policy responses.
Three “Defining Challenges” Defined
• Challenge #1: Inequality
To narrow the gap between rich and poor, tax the rich more and give it to the poor via cash benefits or tax credits.
• Challenge #2: Immobility
To improve upward mobility, invest in pre-K, parenting programs, better teachers in poor neighborhoods, apprenticeships and better college access.
• Challenge #3: Economy Working for All
To create an economy that securely supports more families, boost aggregate demand to create jobs, raise the minimum wage, introduce health care fit for at least the 20th century, improve family leave and invest in infrastructure and skills.
Of course, you may be worried about all three challenges, and so want to pursue policies under each heading. Fine. But don’t confuse them. And don’t make bad empirical arguments trying to link them all together. Make good political arguments for each.
Causality Proves Fiendishly Elusive
The problem is that, often for political reasons, people strive to show how these three challenges are really just one challenge, by making causal connections. If we reduce the gap between rich and poor, social mobility will improve; if we raise the minimum wage, the income gap will narrow; and so on. The trouble is, the causal links are weak, which leads to weak arguments.
1. The left-wing search for evidence that a big rich-poor gap impacts GDP in a negative direction has proved as elusive as the right-wing search for a positive connection. It is striking that Krugman does not, in the end rest his argument on these direct casual grounds. He makes the more interesting argument that inequality has made for bad macroeconomic policy, since the rich elite have pushed the political classes towards austerity-oriented policies that have killed job growth.
2. The jury is still out on whether income inequality and rates of intergenerational mobility are related. The "Great Gatsby Curve" shows an association between the two internationally. But no causal connection has been established, and there is enough variation to doubt its existence: as Miles Corak shows, Canada and Australia do pretty well on the mobility stakes, despite high inequality. Another analysis finds that country size has just as big an effect on mobility. And the recent work by Chetty and colleagues at Harvard finds little evidence for an inequality-immobility link in different parts of the US.
3. Measures required to tackle Challenge 3 – wages, family leave, health care and so on - are squarely aimed at improving the quality of life and economic security of ordinary Americans. But on the face of it, there is no reason to think such measures will seriously impact on upward mobility: they are more about making middle class life better than improving the movement of people into that class. Nor are they likely to influence income inequality, which has been largely driven by the rapid income growth at the very top of the income distribution.
The Real Challenge: Social Mobility
This debate will go better which of the three challenges we are really motivated by: or put differently, if we could make progress on just one, which would we choose? And it will probably help if we are explicit about the moral claims underlying our preference. For me, the "defining challenge" of our times is not income inequality or the squeeze on middle-income Americans (important though both are). It is the shocking, illiberal, immoral transmission of poverty and affluence from one generation to the next. | https://hceconomics.uchicago.edu/news/murky-political-economy-inequality |
Results for the communicative functions, namely social interaction, joint attention (JA), and behavior regulation (BR), showed that the only function with no significant differences across SES was joint attention, supporting the hypothesis that the development of this function may be universal, in light of the fact that the Wayuú not only differed in terms of their socioeconomic status but also in their culture.
Generational Aspects of Inclusive Growth
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Adapting welfare states and social security systems to the challenges of population ageing has been high on the policy agenda at least since the Second World Assembly on Ageing in April 2002. Related…
Analyzing the roadblocks of Intergenerational Mobility: A year-to-year analysis of a national cohort of students
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What are the factors that a ect social mobility? How are early adulthood educational and labor trajectories correlated with intergenerational mobility? This paper presents three contributions to the…
Exploring the relation between income mobility and inequality at the regional level using EU-SILC microdata
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- 2020
This paper investigates empirically the impact of labour-related income inequality on income mobility in French and Spanish NUTS2 regions. We explore whether the negative relation between income…
Rethinking Causality Through Children’s Literacies
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- 2020
Intergenerational transmission of disadvantage in Australia
- Economics
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This paper provides an overview of the Australian evidence on the extent to which socioeconomic disadvantage is transmitted from one generation to the next. While there is a large literature on the…
Evidence on Intergenerational Income Transmission Using Complete Dutch Population Data
- EconomicsEconomics Letters
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Intergenerational Income Mobility in the UK:New evidence using the BHPS and Understanding Society
- Economics
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Using a new dataset combining the British Household Panel Survey and Understanding Society, I estimate the intergenerational income elasticity in the UK for individuals born between 1973 and 1991.…
Turning Globalization 4.0 into a Real and Sustainable Success for All Stakeholders
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The paper aims to provide an overview of the major opportunities and challenges of the fourth phase of globalization in the current macro scenario characterized by a high level of economic and…
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A report examined reasons why disadvantaged pupils performed better in inner London than in other regions (often referred to as the 'London effect'). It said there were three key lessons for policymakers in seeking to narrow the achievement gaps: that early achievement in primary schools was important, particularly in English, and that this was consistent with a case for early intervention, although secondary schools also had a role in keeping students on track; that any improvements would take a long time to become visible in national results; and that recent improvements should be attributed to policies much further back in time, such as the national strategies of the late 1990s and early 2000s, rather than from recent policy initiatives such as the London Challenge or the Academies Programme.
Source: Ellen Greaves, Lindsey Macmillan, and Luke Sibieta, Lessons from London Schools for Attainment Gaps and Social Mobility, Social Mobility and Child Poverty Commission
Links: Report | Tables and figures | Commission press release
Date: 2014-Jun
A report by a committee of MPs said that educational underachievement among white working class children was 'real and persistent', with gaps visible at age five and widening as children got older. The report said that white children who were eligible for free school meals were consistently the lowest performing group in the country, and the difference between their educational performance and that of their less deprived white peers was larger than for any other ethnic group. The report welcomed policies such as the pupil premium, but said that schools needed to work together to address problems in their local context, and should be encouraged to share good practice. It said that the department should maintain its focus on employing the best teachers in areas of greatest need, and should consider what incentives might drive teachers' decisions on where they would work.
Source: Underachievement in Education by White Working Class Children, First Report (Session 201415), HC 142, House of Commons Education Select Committee, TSO
Links: Report | ATL press release | CofE press release | Green Party press release | NAHT press release | BBC report | Guardian report
Date: 2014-Jun
A report examined the educational trajectories of children from disadvantaged backgrounds. It said children in this group were far less likely to become 'high achievers' at any stage, and that any early promise shown by higher achieving students could be lost as they progressed through school, particularly at secondary school level. The report said that the period between ages 11 and 16 was therefore a key time for intervention by policymakers. The report also discussed choice of university and said that the system must provide potential applicants from disadvantaged backgrounds with advice, in order to encourage greater numbers of applications to elite institutions.
Source: Claire Crawford, Lindsey Macmillan, and Anna Vignoles, Progress Made by High-Attaining Children from Disadvantaged Backgrounds, Social Mobility and Child Poverty Commission
Links: Report | SMCPC press release | BBC report
Date: 2014-Jun
A paper examined social mobility, its definition, and how it had changed in the United Kingdom over time. It said that the growth of inequality meant that the consequences of social mobility had become more significant than in the past, and the paper looked at the international evidence, which types of economy tended to have more social mobility, and what policy responses might aid greater mobility in the UK.
Source: Declan Gaffney and Ben Baumberg, Dismantling the Barriers to Social Mobility, Trades Union Congress
Links: Paper
Date: 2014-May
A think-tank report examined the role of higher education in facilitating social mobility in the United Kingdom. It argued that government policy had led to a focus on recruiting more students from disadvantaged backgrounds, rather than on the outcomes they achieved. It said that students from areas of high disadvantage had a relatively lower level of success in degree performance and employment outcomes, and that better outcomes could be achieved by adding systematically delivered and assessed skills training to the academic programme. The report proposed an additional, new measure of graduation and employment outcome (the Social Mobility Graduate Index) for use alongside other policy mechanisms such as control of student numbers or levels of tuition fees.
Source: Michael Brown, Higher Education as a Tool of Social Mobility: Reforming the delivery of HE and measuring professional graduate output success, CentreForum
Links: Report | CentreForum press release | Russell Group press release | University of Derby press release | Guardian report
Date: 2014-May
A report examined the impact of child-targeted interventions in early childhood education and care (ECEC) and initiatives to widen access to higher education in Europe, and their impact on social mobility in later years. It said that, in the context of economic uncertainty, high-quality ECEC appeared to be an effective evidence-based social policy tool, but was not a panacea. The report recommended the development of indicators and policy goals that linked ECEC provision for underrepresented groups with access to higher education.
Source: Benoit Guerin, Breaking the Cycle of Disadvantage: Early childhood interventions and progression to higher education in Europe, RAND Europe
Links: Report | European Union press release
Date: 2014-May
A paper examined the literature on income mobility within and between generations, considering mobility concepts, descriptive devices, measurement methods, data sources, and recent empirical evidence.
Source: Markus Jantti and Stephen Jenkins, Income Mobility, Society for the Study of Economic Inequality
Links: Paper
Date: 2014-Apr
An article questioned assumptions about social mobility in Britain, calling for a new research agenda in mobility studies and, in particular, the consideration of how mobility was experienced and understood.
Source: Sam Friedman, 'The price of the ticket: rethinking the experience of social mobility', Sociology, Volume 48 Issue 2
Links: Abstract
Date: 2014-Apr
A paper examined new estimates of intergenerational mobility. It concluded that educational inequality had declined for cohorts born after 1980, and that this was associated with rising average educational achievement, but evidence on high attainment did not indicate that educational inequality had declined.
Source: Jo Blanden and Lindsey Macmillan, Education and Intergenerational Mobility: Help or hindrance?, CASE WP 8, Centre for Analysis of Social Exclusion (London School of Economics)
Links: Paper
Date: 2014-Apr
The government published its response to the annual report of the Social Mobility and Child Poverty Commission.
Source: Government's Response to the Annual Report of the Social Mobility and Child Poverty Commission, Cm 8827, Department for Education, TSO
Links: Response | Commission report | Written ministerial statement
Date: 2014-Mar
An article examined the associations between social mobility, income inequality, and socio-economic differences in mortality in European countries. Both income equality and social mobility were found to be associated with larger socio-economic differences in mortality, particularly in women. These findings suggested that although social mobility and income equality might improve population health, they might also increase socio-economic health inequalities.
Source: Audrey Simons, Danielle Groffen, and Hans Bosma, 'Socio-economic inequalities in all-cause mortality in Europe: an exploration of the role of heightened social mobility', European Journal of Public Health, Volume 23 Issue 6
Links: Abstract
Date: 2014-Feb
An article examined the relationship between social class and attainment in the early years of schooling, drawing on the Millennium Cohort Study. It investigated the extent to which social class inequalities in early cognitive scores could be accounted for by parental education, income, family social resources, and parental behaviours. Social class remained an important concept for both researchers and policy-makers, and the link between structural inequalities and inequalities in children's cognitive scores could not be readily accounted for in terms of individual parenting behaviours.
Source: Alice Sullivan, Sosthenes Ketende, and Heather Joshi, 'Social class and inequalities in early cognitive scores', Sociology, Volume 47 Issue 6
Links: Abstract | CLS press release
Date: 2014-Feb
A paper examined occupational mobility between 1991 and 2001 for those employed in Scotland in 1991, using data from the Scottish Longitudinal Study. The paper said that 'neighbourhood effects' were strongest for home owners, as compared with those in the social or private rented sector. It said that the correlation between occupational mobility and residential environment could be explained by selection effects, whereby home-owners with least resources were least likely to experience upward mobility and were most likely to sort into the most deprived neighbourhoods, whereas the neighbourhood sorting mechanism in the social rented sector was influenced by factors other than market forces.
Source: Maarten van Ham and David Manley, Occupational Mobility and Living in Deprived Neighbourhoods: Housing tenure differences in �neighbourhood effects�, Discussion paper 7815, Institute for the Study of Labor (Bonn)
Links: Paper
Date: 2014-Jan
A report outlined research on staffing in the banking sector. It detailed a new scheme, created by the Sutton Trust and banking organisations, to promote social mobility through identifying, and nurturing the careers of, young people from low and middle income backgrounds. | http://journals.cambridge.org/spd/action/digest?type=old&category=Social%20policy%20themes&topic=Social%20class%20and%20mobility |
Given the country’s high levels of income and asset inequality, why are so many New Zealanders opposed to the redistribution of wealth? Professor Philip Nel argues that it comes down to the perceived fairness of our society, but wonders when it will run out.
One of the lingering puzzles surrounding New Zealand is why voters do not oppose inequality more, given the country’s so-called egalitarian tradition and current relatively high levels of income and wealth inequality ( active).
While income inequality in New Zealand is not much higher today than in the 1930s, it worsened in the 1980s and 1990s from low levels after WWII. . More worryingly, asset inequality has increased dramatically over the past two decades, with rising house prices excluding many potential buyers from the market.
So why aren’t New Zealanders more in favor of egalitarian redistribution?
What compounds the conundrum is that it is the middle and working classes, those who will benefit the most from redistribution, who seem to avoid it.
While many have wondered about this, few have undertaken a comparative study of New Zealand to see how and why New Zealand’s attitudes to inequality differ from those in other OECD countries.
What do you think ? Click here to comment.
There are many explanations why citizens of developing and developed countries tolerate inequality. At the most general level, psychologists have identified a general bias of the status quo, forcing people to accept this status quo as the way the world is meant to be.
In highly religious countries, the status quo is also associated with the will of the divine. Political scientists and economists have pointed out that income and wealth inequalities are complex phenomena and that citizens cannot be expected to fully understand these complexities. Some have argued, further, that the ideological hold of the popularized neoliberal understanding of economics cannot be underestimated.
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I prefer to refrain from seeing voters as the ignorant victims of popular ideologies. Instead, based on cross-national experimental research, I argue that people in general are more concerned with issues of equity than relative inequality. People may not be very well informed about their own position on the income scale, but what concerns them is whether the processes for assigning positions on the scale are fair, In General.
American author John Steinbeck once said that the poor in the United States tolerate inequality because in their minds they are “temporarily embarrassed millionaires.”
While the American dream of equal opportunity today is far from the truth, there is still a widely held belief that through hard work and initiative one can get ahead in life. This, I dare say, also applies to New Zealand.
For much of the 20th century after the Depression, successive birth cohorts of New Zealanders saw how their own educational and financial accomplishments exceeded those of their parents. Since World War II, intergenerational social mobility in New Zealand has been among the highest in OECD countries, with the baby boom generation probably the biggest beneficiaries, but people born in the 1960s, 1970s and 1980 also saw New Zealand as an economy that offers opportunities for a “fair go”.
New Zealand sits at the lower end of the OECD âGreat Gatsby Curveâ (which traces the persistence of privilege across generations). Not surprisingly, New Zealanders are among the most tolerant of inequalities in the OECD. It stretches across class, gender, and ethnic lines (Maori are only slightly more favorable to redistribution than PÄkehÄ).
Sociologist Peter Davis in 1979 concluded that based on the limited data available to him then, people did not see New Zealand as a rigidly stratified society. Today we have much more comprehensive survey data.
Using the rich comparative data from successive waves of the World Values ââSurvey covering the period 2000 to 2020, I tested a model in which the individual respondent’s preference is determined both by individual level factors such as gender, income, level of interest in politics, self-positioning on the left-right political spectrum, and perceptions of equity in one’s own society, and by national characteristics such as average intergenerational mobility .
Of all the explanatory factors, different measures of perceived and actual intergenerational mobility appear to be significant predictors of the attitudes of inequality and redistribution of New Zealand respondents.
As predicted by the POUM hypothesis (Prospects for ascending mobility) suggested by Albert Hirschman in the 1970s and developed by Thomas Piketty in the 1990s, the respondents who have had experiences of social mobility, and / or perceive their society as offering such opportunities, are more tolerant of inequality and more skeptical of the potential efficiency costs of redistribution.
The question remains open whether the perception that New Zealand is a just society will continue among the generations who became politically savvy after the 2008 financial crisis. It should be noted that Hirschman pointed out that the POUM’s gain in tolerance did not can’t last forever.
When people observe that only some in society systematically benefit from economic processes, while they remain stuck (and even regress), their will to tolerate inequality can eventually be exhausted.
We need more precise data on real and perceived mobility in New Zealand to determine whether the post-1980 generations of New Zealanders are as optimistic about their prospects for upward mobility as their parents and grandparents.
Philip Nel recently published an article on this subject in KÅtuitui: New Zealand Journal of Social Science Online. | https://benimreklam.com/why-new-zealanders-tolerate-inequality/ |
3 edition of Employing organizations and the dynamics of social mobility in Singapore found in the catalog.
Employing organizations and the dynamics of social mobility in Singapore
Tan, Ern Ser.
Published
1988
by Dept. of Sociology, National University of Singapore, Republic of Singapore in Singapore
.
Written in English
Edition Notes
Includes bibliographical references (p. 36-39).
|Statement||Tan Ern Ser.|
|Series||Working papers / Department of Sociology, National University of Singapore, Republic of Singapore,, no. 97, Working papers (National University of Singapore. Dept. of Sociology) ;, no. 97.|
|Classifications|
|LC Classifications||HN700.67 .A8T35 1988|
|The Physical Object|
|Pagination||43 p. ;|
|Number of Pages||43|
|ID Numbers|
|Open Library||OL1838881M|
|ISBN 10||9971625172|
|LC Control Number||89941219|
|OCLC/WorldCa||21031458|
Data and research on social and welfare issues including families and children, gender equality, GINI coefficient, well-being, poverty reduction, human capital and inequality., Inequality is a multi-dimensional challenge, it goes beyond income and it affects the well-being of our people. Evidence now tells us that the levels of inequality are becoming an impediment for progress, and that. Although it is unclear if upward social mobility can improve health and wellbeing, there is some optimism that it might (Hart et al., ). But the dynamics of upward social mobility are not well.
Get this from a library! Social stratification: class, race, and gender in sociological perspective. [David B Grusky; Katherine R Weisshaar;] -- "With income inequality on the rise and the ongoing economic downturn, the causes, consequences, and politics of inequality are undergoing a fundamental transformation. Updated and highly accessible. Power Automate is a versatile automation platform that integrates seamlessly with hundreds of apps and services – new and old alike, including but not limited to Outlook, SharePoint, Dynamics , Twitter, and Excel. Power Automate can be used to get notifications, synchronize files, approve requests, collect data, and much more.
An Introduction to Workplace Diversity healthcare, and employment. The term managing diversity is commonly used to refer to ways in which organizations seek to ensure that members of diverse groups are valued and treated fairly The degree to which employees are accepted and treated fairly by their organization. invisible social identitiesAuthor: Stewart Black, Donald G. Gardner, Jon L. Pierce, Richard Steers. The dynamics of international student mobility are influenced by educational, political, social, cultural and economic factors. In this regard, educational economics is a useful way to analyze the microstructure that influences individual decisions made by students and governments.
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Get this from a library. Employing organizations and the dynamics of social mobility in Singapore: an analytical framework and empirical analysis. [Ern Ser Tan]. Social Lab’s flagship project is a panel study on social dynamics.
The study tracks changes in the lives of Singaporeans over time, through a representative panel of 5, households across Singapore. The purpose is to measure family relationships, social mobility and societal attitudes relevant to national identity over an extended period.
Introduction: An Employment Relations Perspective to IHRM; Section 1: Frameworks and Context Chapter 1: Globalization, Organizations and Employment: The Dynamics of Degradation. Chapter 2: The Changing Nature of HRM, Organizational Change and Globalization Chapter 3: National Labour and Employment Relations Systems and the Impact of Globalization Section 2: The Internal Environment.
While Singapore has been relatively successful in achieving broad-based prosperity so far, managing these issues of income growth, inequality and mobility will not get easier in any society.
They require effective and sustainable economic and social policies. The rest of the paper is organised as follows. Employing all major sociological perspectives, this book analyzes the field of work from the perspective of both individual workers and the organizations that employ es the reader with an understanding of the dynamics of social relations in the workplace, and the social and economic forces that are reshaping work as we approach the 21st Century.
Social mobility, ageing are Singapore's big challenges: Tharman One in four Singaporeans will be aged 65 and above bya dramatic shift. Singapore Table of Contents. During the s and s, economic development and industrial growth reduced poverty and income inequity and accelerated upward social mobility.
Those with educational qualifications, command of English, and high-level technical or professional skills profited the most from the process. The ICT-ITES (information and communication technology–information technology-enabled services) sector has been a major driver of economic growth and employment creation in India.
Extensive research has been conducted in the past decade on access to this sector, employment terms and conditions and opportunities for upward labour : Randhir Kumar, Niels Beerepoot.
This classic study of how men in the United States found their jobs not only proves "it's not what you know but who you know," but also demonstrates how social activity influences labor markets. Examining the link between job contacts and social structure, Granovetter recognizes networking as the crucial link between economists studies of labor mobility and more focused studies of an /5(3).
The Corporate Culture Survival Guide distills all Dr. Schein has learned in decades of culture work and packages it for used by leaders looking to use culture as a tool of change. it does take some effort to fully comprehend his the deep meaning of his concepts in the book.
Still, this is a must read for leaders/5. Social mobility in Singapore Associate Professor Koo Tsai Kee wrote in a Straits Times review that ‘social mobility carried three Tans to the Istana gate’. In it, he described how Dr Tan Cheng Bock, Mr Tan Jee Say and Mr Tan Kin Lian were from humble family backgrounds but made it in life to qualify to challenge for the highest office in.
Wrapping up the Budget debate in Parliament, he said: "Social mobility is the defining challenge in every advanced country today. We're fortunate that Singapore has so. PDF | On Apr 4,Selim Mürsel Yavuz and others published Book Review: Social Movements & Globalization: How Protests, Occupations & Uprisings Are Changing the World |.
Social mobility is a term used to describe the movement of different individuals, families or groups through a system of social hierarchy. It is a natural process that usually involves upward and downward movement. The study of social mobility examines how far and how easy a person can move within the social system.
Inappropriate The list (including its title or description) facilitates illegal activity, or contains hate speech or ad hominem attacks on a fellow Goodreads member or author. Spam or Self-Promotional The list is spam or self-promotional.
Incorrect Book The list contains an incorrect book (please specify the title of the book). Details *. Social Mobility and Spatial Mobility 53 immigrant populations (Breen and Luijkx b, –2).
This is an as yet untested, but intriguing, thought for linking social and spatial mobility in Europe. Human geographers meanwhile have, since the more marked social flux of the s and 60s, observed very interesting couplings between internalFile Size: KB.
Data and research on social and welfare issues including families and children, gender equality, GINI coefficient, well-being, poverty reduction, human capital and inequality., This report provides new evidence on social mobility in the context of increased inequalities of income and opportunities in OECD and selected emerging economies.
It covers the aspects of both social mobility between. Tourism: rethinking the social science of mobility. Tourism is a critical and cutting-edge introduction to the major issues surrounding the production and consumption of tourism and its associated effects for the 21st century.
Tourism is presented as one of the key social science disciplines by which contemporary human mobility and interaction Cited by: enhancing the quality of family life, improving health, increasing social mobility and building a knowledge economy – depend to a very large extent on the quality of employment relations.
Keywords. employment, employment relations, trade unions, collective bargaining, human resources, knowledge economy.
Disciplines. Intragenerational Mobility: occurring within a generation, such as when an individual changes class because of business success. Role of Education in Bringing Social Mobility. In the present-day world, a major key to social mobility is education. Education is regarded as the primary channel of mobility.
Education facilitates social mobility. House of Lords Select Committee on Social Mobility – written evidence from government Introduction and policy context 1.
The government is pleased to provide written evidence to support the Lords Social Mobility ommittees inquiry into the transition from school to work for 14 - to- year-olds.INTRODUCTION Throughout history there have been some sorts of social stratification in every parts of the world.
At the same time, social stratification exists with sexual-social mobility. That is, social stratification can be seen in different situations, and in the nonexistence of social stratification there could be social mobility.This book is the first comprehensive account of the ILO’s year history.
At its heart is the concept of global social policy, which encompasses not only social policy in its national and international dimensions, but also development policy, world trade, international migration and human rights. The driving force birth and. | https://howukugemeqylu.hotellewin.com/employing-organizations-and-the-dynamics-of-social-mobility-in-singapore-book-42159pr.php |
Poverty is a relative concept that is most meaningful within the context of social inequality in a particular culture. Among pastoralists in east Africa, often with mixed economies and herds that tend to fluctuate erratically over time, the problem of assessing poverty and wealth can be resolved by examining profiles of polygyny to provide a comparable index of wealth. Several profiles are examined in relation to a mathematical model based on the binomial series, with an emphasis on its social rather than mathematical implications. These series are especially apt because they closely follow the distribution of wives in a substantial sample of African societies, and they reveal different types of balances between competition and conformity associated with age and with status. The purpose of this essay is to redefine the problem of poverty in terms of the social profiles of inequality, leading toward a comparative analysis between cultures.
Andrea Brandolini
Between 2007 and 2013, real per capita income and net wealth of Italian households fell by 13 and 10 percent, respectively. Unprecedented in the country's post-war record by size and duration, this deterioration of household finances was accompanied by more muted changes in inequality and relative poverty. Only absolute measures of consumption and income insufficiency surged. The more serious worsening of personal economic conditions for the young than for adults and, especially, the elderly is a disturbing legacy of the recessions of 2008–2009 and 2011–2013.
“The World Is My Domain”
Technology, Gender, and Orientalism in German Interwar Motorized Adventure Literature
Sasha Disko
Following Germany's resounding defeat in the First World War, the loss of its status as a colonial power, and the series of severe political and economic upheavals during the interwar years, travel abroad by motor vehicle was one way that Germans sought to renegotiate their place in the world. One important question critical studies of mobility should ask is if technologies of mobility contributed to the construction of cultural inequality, and if so in which ways? Although Germans were not alone in using technology to shore up notions of cultural superiority, the adventure narratives of interwar German motorists, both male and female, expressed aspirations for renewed German power on the global stage, based, in part, on the claimed superiority of German motor vehicle technology.
Yoram Ida, Amir Hefetz, Assaf Meydani, Gila Menahem, and Elad Cohen
intervention in the management of failing local governments. In light of the central role of national expenditures in determining inequality in access to resources and social opportunities for citizens, and the large portion of national spending that is
Shobita Parthasarathy
, delivering our packages, and farming and processing our food, not to mention working in our hospitals. The pandemic has even exposed how the public policies that seem the most objective maintain and reinforce inequalities. In this short article, I focus on
Stephan Feuchtwang
from power and economic inequality. Hierarchy and civilization are obviously affected by political economy and its changes, but hierarchy and civilization are at the same distinguishable as affecting and encompassing those changes. Classes are
Mutuality, responsibility, and reciprocity in situations of marked inequality
Dilemmas of, and concerning, US anthropology in the world
Virginia R. Dominguez
Paradoxes shape the relationship of the US anthropological community to its counterparts elsewhere and require new thinking about leadership that focuses on mutuality, responsibility, reciprocity, and pragmatism. Explored here are some key contradictions I see in ways of looking at the current, past, or plausible role of the US anthropological community and, in particular, the American Anthropological Association and its nearly forty Sections. Marked inequality exists among national and international anthropological organizations in size, finances, journal production, and conference attendance and often in perceived degree of importance, control, vibrancy, or agenda-setting. Yet this intervention argues for ways to mitigate that marked inequality, nonetheless, by refusing a binary us-them conceptualization and emphasizing creative pragmatism, mutuality, and responsibility. Unconventionally it even asks whether US anthropology should lead more in the world of anthropology than it currently does or lead less, and why both are worth exploring.
The practices, policies, and politics of transforming inequality in South Asia
Ethnographies of affirmative action
Alpa Shah and Sara Shneiderman
This is the introduction to a special section of Focaal that includes seven articles on the anthropology of affirmative action in South Asia. The section promotes the sustained, critical ethnographic analysis of affirmative action measures adopted to combat historical inequalities around the world. Turning our attention to the social field of affirmative action opens up new fronts in the anthropological effort to understand the state by carefully engaging the relationship between the formation and effects of policies for differentiated citizenship. We explore this relationship in the historical and contemporary context of South Asia, notably India and Nepal. We argue that affirmative action policies always transform society, but not always as expected. The relationship between political and socioeconomic inequality can be contradictory. Socioeconomic inequalities may persist or be refigured in new terms, as policies of affirmative action and their experiential effects are intimately linked to broader processes of economic liberalization and political transformation.
Bina Fernandez
International migration in the contemporary era of globalization generates complex inequalities that require a non-statist approach to justice. This paper considers how the analysis of these inequalities may be fruitfully undertaken using Nancy Fraser’s framework of redistribution, recognition, and representation. The discussion uses empirical material from a case study of Ethiopian women who migrate as domestic workers to countries in the Middle East. The paper suggests potential directions for more transformative approaches to justice within the context of international migration. | https://www.berghahnjournals.com/search?q=%22INEQUALITY%22 |
Income and Social Mobility - Findings
Both causes and effects of inequality have been extensively studied by ESOP researchers. In addition, new methods of measuring inequality have been developed.
Implications of inequality in the US | Social mobility in Norway | Labor market discrimination | Measurement of inequality
Implications of inequality in the US
One paper that we would like to emphasize is Jonathan Heathcote, Kjetil Storesletten and Giovanni L. Violante (2010) ’’The Macroeconomic Implication of Rising Wage Inequality in the United States’’. published in the Journal of Political Economy. The paper starts from the premise that the US wage structure has been transformed by a rising college premium, a narrowing gender gap, and increasing persistent and transitory residual wage dispersion in recent years. What are the implications of these changes for cross-sectional inequality in hours worked, earnings and consumption, and welfare? With the changing wage structure as the only primitive force, the model can account for the key trends in cross-sectional US data. Four channels of adjustments seem to be generally important for modern market economies. In terms of alleviating the adverse effects of rising consumption inequality, the four channels – savings, flexible hours, female participation, and enrolment – are all quantitatively important. In terms of overall welfare, female participation and college choice matter much more than saving and flexible labour supply, since the model allows individuals to take advantage of the opportunities created by the dynamics of gender and skill-biased demand shifts.
Social mobility in Norway
ESOP’s research has been occupied with many aspects of social mobility in Norway. One important mechanism that might prevent social mobility is the interaction between the housing market and school quality. If all good school districts only had expensive housing it could prevent social mobility. Jon Fiva has studied this possibility. He has analyzed housing market reactions to the release of previously unpublished information on school quality. He finds a robust short-term housing market reaction to publication of school quality indicators, suggesting that households are willing to pay for better schools. The segregating effects appear to be moderate as the publication effect does not seem to be permanent as prices revert to prepublication levels, after two to three months.
Labor market discrimination
Another aspect of social mobility is related to discrimination. Steinar Holden and Åsa Rosén have analyzed labor market discrimination. Employment protection legislation is an important part of the Nordic labour market. When workers do not face the threat of being fired over night, they need not be afraid to claim their rights, even if it might cause conflict with the employer. However, for groups that face discrimination, general employment protection may reduce their chance of being hired. Holden and Rosén consider a case where workers who seldom get new offers become less attractive in the labour market. A vicious circle can be established where employers discriminate because other employers discriminate. Discrimination as a cause of the gender wage gap has been studied empirically by Erling Barth. Using matched employer-employee data from Norway he finds that female labour supply is less elastic than that of men. The results suggest that the larger share of the gender wage gap for low-educated workers may be attributed to differences in labour market frictions between men and women.
Measurement of inequality
Another important research issue has been the measurement and assessment of inequality. Ingvild Almås, Alexander Cappelen, Jo Thori Lind, Erik Sørensen and Bertil Tungodden has developed an “unfairness Lorenz curve” and “unfairness Gini”. They use this to study the implications of theories of justice for the evaluation of the income distribution in Norway. They find that both pre-tax income and post-tax income distribution has become less fair in Norway between 1986 to 2005, as women's economic situation has deteriorated and as the tax system has become less progressive. | http://www.sv.uio.no/esop/english/research/subjects/income-social-mobility/findings.html |
Inclusive Growth: Measurement and Determinants
Author/Editor:
Rahul Anand ; Saurabh Mishra ; Shanaka J Peiris
Publication Date:
May 30, 2013
Electronic Access:
Free Download. Use the free Adobe Acrobat Reader to view this PDF file
Summary:
We estimate a unified measure of inclusive growth for emerging markets by integrating their economic growth performance and income distribution outcomes, using data over three decades. Country distributions are calibrated by combining PPP GDP per capita and income distribution from survey data. We apply the microeconomic concept of a social mobility function at the macroeconomic level to measure inclusive growth that is closer to the absolute definition of pro-poor growth. This dynamic measure permits us to focus on inequality as well as distinguish between countries where per capita income growth was the same for the top and the bottom of the income pyramid, by accounting for the pace of growth. Our results indicate that macroeconomic stability, human capital, and structural changes are foundations for achieving inclusive growth. The role of globalization could also be positive with foreign direct investment and trade openess fostering greater inclusiveness, while financial deepening and technological change have no discernible effect.
Series:
Working Paper No. 2013/135
Subject:
Economic growth Financial institutions Inclusive growth Income distribution Income inequality National accounts Personal income Stocks
English
Publication Date:
May 30, 2013
ISBN/ISSN:
9781484323212/1018-5941
Stock No:
WPIEA2013135
Pages: | https://0-www-imf-org.library.svsu.edu/en/Publications/WP/Issues/2016/12/31/Inclusive-Growth-Measurement-and-Determinants-40613 |
Exam #2 Review Sheet
Exam 2 for this course will be on material related to social inequality, covering Chapters 8-10 in the Henslin textbook, plus the films A Class Divided, Race: The Power of Illusion, The Naked Truth of Advertising, and the articles “The Importance of Being Beautiful,” “The Five Sexes,” “Manning Up,” and “Muslims in America.” It will be comprised of definitions and application questions, multiple choice, true/false, short answer questions, and possible an essay. You are responsible for all material drawn from the assigned readings in the textbook, lectures, slides, films/film clips, and class discussions. Below, I’ve provided most of the key concepts we have covered since Exam 1.You are responsible for knowing what they are, examples and applications of them (I’m big on application of concepts vs. strict memorization of them), and how the concepts are related to each other. Much of the exam will ask you to APPLY the concepts (that is, moving beyond definitions) to examples from the readings, class discussions, and hypothetical scenarios.
Social Stratification
Caste System
Class System, Social Class
Social Mobility
The Power Elite
Property, Power, and Prestige
Income v Wealth
Horatio Alger Myth
Contradictory class location
Status Consistency, Inconsistency
Social mobility
Power
Race, Ethnicity
Minority Group
Prejudice, Discrimination
Individual Discrimination
Institutional Discrimination
Racism
Sex
Gender
Intersex
Patriarchy
Feminism
Halo/Horns Effect
· Identify the principles of inequality. How do we see these principles at work in A Class Divided?
· What are the various standards of equality discussed in your textbook?
· What is the essentialist perspective on race and gender – What are the core tenets of this perspective? What evidence supports it and/or contradicts it?
· What is the social constructionist perspective on race and gender – What are the core tenets of this perspective? What evidence supports it/contradicts it?
· What is the process of gender construction?
· What is gender stratification? What evidence is there in our course materials?
· To what extent are gender inequality and the media connected (think about Assignment 2)?
· According to the slides, what are some of the outcomes of the feminist movements?
· What are concrete, empirical examples of racial inequality?
· What determines social class according to Marx, Erik Olin Wright, Weber?
· What does the evidence show us about the distributions of income and wealth in the US?
· Why is social stratification universal according to a functionalist and a conflict perspective?
· Be able to discuss the consequences of one’s class position. How does social class determine health (physical and mental), education, family, employment, crime, and politics?
· How is the Horatio Alger myth functional for society?
· What is social mobility? What did the Monopoly games show us about the role of luck, skills, and one’s social location in achieving social mobility?
· What are the myths v realities of race in the textbook and in the film clip, Race: The Power of Illusion?
· Broadly speaking, be familiar with the experiences of various race/ethnic groups as presented in the textbook in Chapters 9 and 13. Remember that White is a racial category.
· Describe the research findings in the article “Muslims in America.”
· Why are people prejudiced? What is the difference between individual and institutional discrimination? | https://myhomeworkwriters.com/who-can-do-answer-these-questions/ |
Any contract carries a certain risk: the buyer may run out of money before he can pay; the Seller may run out of goods before it can deliver; The cost of raw materials can skyrocket and negate the manufacturer`s good financial calculations. If the debtor is unlucky, he will be stuck in the consequences – or, in the legal formulation, his liability is strict: he must either provide performance or risk damages for breach of contract, even if his failure is due to events beyond his control. Of course, a debtor can always limit his liability through the contract itself. Instead of committing to deliver one million units, it can limit its commitment to “one million units or factory production, whichever is less.” Instead of guaranteeing that he will finish a job by a certain date, he can agree to do his best to do it. Similarly, compensation for damages in the event of a breach may be limited. One party may even include a clause terminating the contract in the event of an adverse event. However, in the absence of these provisions, the debtor generally adheres to the terms of his business. There are at least five circumstances in which the parties may be released from their contractual obligations because performance is impossible, difficult or unnecessary. You may terminate a contract if you and the other party have entered into a prior written agreement that provides for the termination of the contract for a specific reason. The common name for this type of deployment is an interrupt clause.
The agreement must contain details of what is considered the reason for the termination of the contract. It should also indicate the measures to be taken so that one of the parties can terminate the contract. In most cases, one party must send written notice to the other party to terminate the contract. When a contract is performed, it is no longer binding. The following events can lead to the execution of the contract: A contract can be terminated by execution and therefore terminate the contract. If a party proposes to provide services, that offer is called an offer. If one party fulfills the terms and obligations of the contract and the other party does not accept it, or if one of the parties does not accept it, the contract may be fulfilled by performance. If the offer is an offer to pay for a contract, the offer must be considered legal tender, such as a cash payment, a check or a bank transfer.
Although contracts are usually legally binding documents, sometimes the parties can be released from their contractual obligations. While there is a fine line between termination and termination of the contract, it helps to know the difference if you ever have to get out of an agreement. Consulting a contract law expert can provide clarification if you have questions about a contract you have entered into. Performance by performance occurs when one or both parties who accept a contract fail to fulfill their obligations. This is one of the most natural ways to fulfill a contract. If both parties have duly fulfilled their contractual obligations, they are exempt from any other liability. If a party fails to comply with its obligations, the other party has the right to take action against the party that has not performed. There are three main aspects to consider when determining whether performance has been achieved.
If one or both parties distort the facts or engage in fraudulent acts, the contract may be legally terminated. Contracts can be fulfilled by performance: full performance relieves both parties; the material breach relieves the injured party who is entitled to compensation; essential performance obliges the donor to pay something for the benefit granted, but constitutes a violation. A party may require reasonable assurances of performance which, if they do not occur, may be treated as an early breach (or refusal). Under federal bankruptcy laws, as described in Chapter 35 bankruptcy, certain obligations are fulfilled once a court declares a debtor bankrupt. The law defines the special types of debts that are cancelled in the event of bankruptcy. The obligation to pay a contract may be subject to the satisfaction of a third party. Construction contracts often make the buyer`s payment obligation dependent on the client`s receipt of an architect`s certificate of compliance with all contractual conditions; Road construction contracts often require that the work be carried out “to the satisfaction of the district engineer”. These conditions can be stressful. The builder has already built the structure and cannot “flip” what he did. However, since the buyer wants to be certain that the building (obviously a major purchase) or the street meets its specifications, the courts will subject the contractor to the condition unless it is impossible to present a certificate (e.B. the architect may have died) or the architect acted in bad faith or the buyer somehow prevented the issuance of the certificate.
The third party`s refusal to issue a certificate must be reasonable. For example, if a musical artist performs and performs at a show, the host and artist will terminate the contract at the end of the performance. . | http://lenoreinteriors.com/3-ways-a-contract-can-be-discharged/ |
At some point, most everyone is a party to a contract, and sometimes one of the parties fails to live up to their obligations. When that happens, it's important to understand breach of contract basics.
Types of Breach of Contract
A contract requires each party to perform certain obligations. In the most basic form, these consist of one party providing goods or services, for which the other party pays. There may be additional requirements, such as specifications of the goods or services, time frames for completion, method of payment, etc. Failure by either party to meet their contractual commitment constitutes a breach of the contract.
There are two ways in which a breach of contract may be classified, the first being the seriousness of the breach:
- Material breach of contract. This type of breach significantly impairs the benefit of the contract to the nonbreaching party. This can include failure to perform any of the obligations, failure to perform them on time, or failure to properly perform them even if done on time. A material breach allows the other party to consider the contract ended and to pursue legal remedies.
- Minor breach of contract. Sometimes called immaterial breach, this is a breach that does not significantly impair the benefit to the nonbreaching party. A minor breach may or may not allow the nonbreaching party to pursue legal remedies, depending upon whether a financial loss can be proven. For example, Margie's Catering Service agrees to deliver food to Susan by 9 a.m. on Saturday for a party Susan is giving at noon. The food isn't delivered until 9:30 a.m. but is still ready to be served at the scheduled time. The failure to deliver on time is technically a breach of the contract, but it did not result in any financial injury to Susan.
A second way a breach may be classified is when the breach occurs:
- Actual breach of contract. The most common type of breach, this is when a party fails to fulfill an obligation by the time it is due according to the contract.
- Anticipatory breach of contract. Also known as a renunciation of the contract, this is when a party shows an intention not to fulfill their obligations at some point before performance of the obligation is due. This can occur if the breaching party informs the other party of the intent not to honor the contract or if the breaching party takes actions that indicate they will not honor the contract. For example, George signs a contract requiring him to paint Phil's house by June 1. On May 21, Phil learns that George has left for a two-week cruise to Alaska, making it obvious that George will not be fulfilling his obligation.
Breach of Contract Lawsuits
When one party fails to meet their contractual obligations, the first step is to send the breaching party a written notice of the breach. If this fails to bring about a satisfactory resolution of the problem, the next step is filing a lawsuit.
The facts you must prove in court, called the elements of breach of contract, are:
- There was a contract and what its terms were.
- The contract was broken by the defendant
- You suffered some type of damage.
Proving the first point is generally a matter of producing a copy of the written contract. The difficulty of proving breach of a verbal contract is readily apparent. This may be done by the testimony of one or both parties and of anyone else present when the terms were discussed and agreed to. State law, typically called the statute of frauds, requires certain types of contracts to be in writing in order to be enforced in court, such as contracts involving real estate or any contract that will not be completed within a year.
Under state laws, the statute of limitations for breach of contract typically requires that a lawsuit for breach of contract must be filed no later than four years from the date of the breach.
Remedies for Breach of Contract
In most cases, the remedy is the payment of monetary damages by the breaching party, which can include:
- Compensatory damages. Direct economic loss as a result of breach.
- Consequential damages. Additional damages for economic losses that were reasonably foreseeable.
- Attorney's fees. If either a law or the terms of the contract allow, the party losing the lawsuit may be ordered to pay the winning party's attorney's fees.
- Liquidated damages. Damages stated in the contract that the parties agree will be owed in the event of breach.
- Nominal damages. Minimal or token damages awarded for a minor breach.
In some cases, other remedies may be available but usually only if monetary damages aren't sufficient to compensate the nonbreaching party. These remedies are:
- Specific performance. This is where the breaching party is ordered by the court to fulfill their obligations under the contract.
- Rescission. Sometimes called rescission and restitution, this remedy cancels the contract and orders the breaching party to take actions designed to return the nonbreaching party to the position they were in before the contract was created.
- Reformation. This is where the court changes, or reforms, confusing or poorly written terms of the contract to try to reflect the actual intent of the parties and achieve a just result.
Although remedying a breach may not give you the full satisfaction of having the contract fulfilled, it can help compensate you to some degree. Clear and continuous communication between both parties may even help prevent a breach in the first place. | https://www.legalzoom.com/articles/the-basics-understanding-breach-of-contract |
The Common Law for Breach of Contract Simplified
What happens when a contractor refuses to pay a subcontractor or a client fails to process an invoice? They are in breach of contract.
If you are the injured party, you should know the specifics of the common law for breach of contract. In this article, DoNotPay will provide information regarding the common law and explain how to create a professional demand letter to ask for compensation.
What Is the Common Law for Breach of Contract?
A breach of contract occurs when one party fails to perform their contractual obligations, causing damages to the other party.
Under the common law, if a breach of contract occurs, the injured party has the right to terminate the agreement and sue the breaching party for damages.
In most cases, the non-breaching party must prove they fulfilled their part of the deal. This depends on the type of breach, though. The injured party is automatically excused from their legal obligations if the breach is material.
What Is a Material Breach?
A material or total breach is such a severe violation of contractual terms that it renders the agreement irreparably broken. This type of breach is so severe that it permits the aggrieved party to be excused from their part of the obligations.
How Does the Court Decide Whether a Breach of Contract Occurred?
When determining if a breach of contract occurred, the court inspects the following aspects:
- How badly is the aggrieved party injured and deprived of the benefit that was reasonably expected
- To what extent was the injured party compensated for the benefit of which they were deprived
- What losses and damages did the breach of contract cause
- To what extent the behavior of the breaching party comports with the standards of good faith and fair dealing
- What the chances are for the breaching party to rectify the breach
To file a claim and win a case in court, you—the aggrieved party—must prove the following breach of contract elements:
|Elements of the Breach||Details|
|Existence of a valid and enforceable contract||A contract exists if it contains:
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|Plaintiff’s good faith to act under the terms of the agreement||As the plaintiff, you must prove that you performed your contractual obligations or have a valid reason for non-performance (the breach made it impossible)|
|Breaching party’s failure to perform||You must demonstrate that the other party’s failure to perform caused the breach|
|Damages that the injured party suffered||To have a valid case, you need to demonstrate the losses and damages you suffered due to the breach|
If you cannot demonstrate each of the elements, the defendant can use it as their defense in court.
Liability for Breach of Contract
If they fail to perform their obligations under the mutual agreement, the breaching party has to compensate the injured party for all the losses they suffered.
The non-breaching party can demand the breaching party to rectify the situation and perform their duties within a reasonable period. If the breaching party fails to complete demands within the specified period, the other party is entitled to seek damages or any other possible remedy under applicable laws.
The laws differ from one state to another—consult the following table to learn about breach of contract regulations in:
|Georgia||Michigan||Pennsylvania|
|Colorado||New York||Illinois|
|Virginia||New Jersey||Ohio|
|Delaware||Arizona||California|
|South Carolina||North Carolina||Florida|
Should You Try To Resolve the Dispute Out of Court?
If you want to avoid expensive and lengthy litigation, you should try to resolve the matter with a demand letter before filing a lawsuit. A breach of contract demand letter is a good way to leave written proof that you wanted to resolve the issue (if you decide to take legal action).
In the notice, you should indicate the following:
- Your request that the other party fulfills their end of the deal
- A new due date by which they should perform the outlined terms
- Your intention to file a lawsuit should they fail to deliver
You can create a demand letter yourself by consulting online templates, but you should know that they are generic and will not cover all the necessary points of your request. If you are looking for a more simple and reliable solution, you should subscribe to DoNotPay.
How To Create a Professional Demand Letter With DoNotPay
DoNotPay’s Client Breach of Contract product is not only the most affordable option, but it is also the least time-consuming one. We have a vast database of state laws regarding contracts, and we use it to create fully personalized and legally formatted demand letters in mere minutes.
Here are the steps to follow:
- Sign up for DoNotPay and open the Client Breach of Contract product
- Provide us with information about your case, such as:
- Details about the client
- Amount you are owed
- Date of the last payment request
- Specify the new due date
- Upload photo proof if you have any
Once you complete the questionnaire, we will generate your demand letter, which you can download as PDF, print out, and send to your client.
If your client ignores your letter or refuses to fulfill outlined demands by the due date, DoNotPay can help you sue them in small claims court!
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If your to-do list is getting longer by the day, we offer numerous solutions. You can focus on growing your business while we handle the endless administrative tasks.
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Navigating the business world can be overwhelming. If your paperwork is piling up and disputes keep emerging, start using our app and declutter your workday from numerous chores.
The world’s first robot lawyer can help you deal with the following: | https://donotpay.com/learn/common-law-breach-of-contract/ |
Breach of Contract Lawyers
A construction contract is a legally binding agreement between two or more parties for the purpose of completing a construction project. It’s a unique type of contract. A construction contract is most frequently formed between a property owner and a contractor or constructor.
A contractor is usually employed by a property owner to finish a project or provide a service. Once the parties have agreed to a construction contract, each party is legally obligated to follow through on the promises made in the contract.
Construction contracts are divided into four categories:
- A contract for a particular amount of money to accomplish a full construction project is known as a lump sum or fixed price contract. Any project-related expenses are included in the pricing. For instance, suppose you agree to pay a contractor $10,000 to rebuild your kitchen, including the cost of materials.
- Cost Plus: This is a contract in which the property owner is accountable for some charges incurred by the contractor. For example, you may agree to pay a contractor to build an addition to your house, but you may be charged separately for supplies or labor.
- Time & Materials: This is a contract in which payment is agreed to be made on a daily or hourly basis. Frequently, the property owner also agrees to cover some of the expenditures. For example, you might agree to pay a contractor $100 per hour to work on a project and refund them for any money spent to complete it.
- Government entities are the most common users of unit pricing contracts. A contract is signed to pay a set amount of money for specified construction materials. For example, the government may reach an arrangement with a constructor to provide 100 pipes for a certain price each.
Construction contracts serve three key goals in general:
- To make a list of each party’s duties;
- To assess who is to blame for any potential risk in various situations;
- To give the parties more certainty and the ability to plan for the future.
Construction contract issues do arise from time to time. This is why having the agreement written down in a building contract is a smart idea. One way a disagreement can arise is if one of the parties fails to adhere to the agreement. If any party breaches the contract, the other party can initiate a lawsuit to recover damages.
What is a Construction Contract Breach?
A breach of contract occurs when one party fails to fulfill their obligations under the agreement. A party who breaks a contract can be held liable for damages in court. In most construction contract disputes, damages might include money for the party who lost money or was damaged as a result of the violation.
To prove a breach of a building contract, there are four factors that must be present:
- There is such a thing as a legal building contract.
- You fulfilled your obligations under the construction contract;
- The other party failed to fulfill their legal obligations under the construction contract; and
- Because the other party broke the contract, you suffered a loss or were hurt.
The following is an example of a contract breach in the construction industry:
You sign a $5,000 deal with a contractor to have a porch built on your house. The $5,000 is paid to the builder. The contractor begins work on the porch but only completes half of it before stopping. Even though you paid the contractor the money owed to them, they did not fulfill their contractual obligations. The contractor will almost certainly be sued for breach of contract.
You should gather all relevant information before filing a lawsuit for breach of a building contract. You should also go over the contract once again. Most contracts include a provision that spells out what will happen if one of the parties breaks the agreement. Before you can sue, some contracts may require you to try alternative dispute resolution. Alternative dispute resolution (ADR) is a method of resolving conflicts without going to court. Mediation or arbitration are common examples of negotiation processes.
You should also notify the other party if you believe the building contract has been broken. There could be a clause in the contract that gives them a certain amount of time to rectify the problem.
If you can prove the four requirements, you may be able to sue the builder for breach of contract. You must file a lawsuit with the court to sue for breach of a building contract. This implies you’ll have to fill out and submit specific papers to the court. It’s a smart idea to engage an attorney if you’re intending to sue a contractor for breach of contract. An attorney will be familiar with the steps involved in filing a case and can represent you in court to achieve the best possible result.
Are There Any Other Kinds of Damages That Can Be Recovered?
There are several sorts of damages that might be awarded in the event of a contract breach. For a breach of a building contract, you may be able to claim additional sorts of damages.
Other types of damages that can be recovered include:
- Consequential damages are damages that occur as a result of events that occur outside of the contract. It generally refers to any losses that occurred outside of the contract as a result of the breach. This can include things like lost income, time, revenue, and so on. Contracts frequently include wording stating that a party is not entitled to consequential damages. Your ability to seek consequential damages will be determined by your circumstances and the terms of your contract.
- Damages that are liquidated are those that are specified in the contract. When determining the amount of damages is difficult, these damages are utilized.
- Nominal damages: A tiny award, generally a few dollars, is what nominal damages are. When there has been no monetary loss, it is used. The court, on the other hand, wants to emphasize the point that the breaching party did something wrong. It also demonstrates that the person who filed the lawsuit had a legal authority to do so.
- Punitive damages: Punitive damages are intended to punish a party who has broken a contract. It’s a consequence of their actions. It’s used if the breach was done on purpose or if the perpetrators’ conduct were particularly heinous. The court rarely employs punitive damages. There must be an extreme circumstance.
- Specific Performance: Specific performance refers to the violating party’s legal obligations under the contract being fulfilled. This could entail completing a project or providing materials. Because the parties’ relationship is already strained, courts rarely adopt this remedy. It’s most commonly used when the deal entails a one-of-a-kind item.
How Can a Lawyer Assist Me?
It is highly recommended that you contact a business attorney in your area if you have any building contract legal difficulties. Hiring a lawyer for building contracts has numerous advantages. A lawyer can assist you in obtaining monetary damages as a result of a breach of a building contract.
An attorney can analyze your case and advise you on any available defenses if you are a contractor who is being sued. They might be able to assist you minimize or eliminate whatever money you owe. A knowledgeable attorney will be able to advise you on the best course of action in your situation. If necessary, they can also represent you in court.
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A breach of contract is any action or inaction that results in the contract being broken. One party breaches the contract by not fulfilling their obligations under the contract. A breach of contract can be anticipatory, material, or minor.
Contents
What Is a Minor Breach?
A minor breach occurs when a party to the contract fails to perform a part of a contract. The failure is so small and and of such a nonessential part that all parties can otherwise fulfill any remaining contractual obligations.
How Is a Minor Breach Different from a Material Breach?
A material breach fundamentally breaks the agreement because the breaching party fails to fulfill an important part of the contract or otherwise makes it impossible for the contract to be completed. A minor breach is less serious because it does not prohibit the parties from satisfactorily completing the rest of the contract. For example, a homeowner hires an electrician to install a lighting system with a specific brand of wiring. If the electrician fails to install the lighting system, it is a material breach. If the electrician installs the lighting, but uses a different brand of wiring than the brand requested, it is a minor breach.
Can I Sue for a Minor Breach?
Yes. The non-breaching party may sue for a minor breach. The lawsuit must be for any damages that was caused by the failure to perform the minor detail.
Do I Have to Complete Performance If the Breach Was Minor?
Yes. A minor breach requires all parties to complete their obligated performance, or non-performance, of the contract. The only time a party does not have to perform its part of the contract is when a material breach occurs. The non-breaching party in a material breach is freed from any obligation to complete their part of the contract and can sue for damages.
Should I Discuss the Minor Breach with a Lawyer?
While not as severe as a material breach, a minor breach can still result in serious damages. To understand more about a minor breach, talk to a business lawyer. The lawyer will explain your rights and options to sue or remedy the situation. | https://www.legalmatch.com/law-library/article/minor-breach-of-contract-lawyers.html |
An actual breach of contract refers to a breach that has already occurred, which means that the infringing party has either refused to perform its obligations on the due date or has performed its obligations incompletely or inappropriately. A breach of contract can be significant or minor. The obligations and remedies of the parties depend on the type of breach that has occurred. Breach of contract: This is a risk to which anyone who enters into a legal agreement is exposed. If you look at the volume of agreements (and the volume of types of agreements, from employment contracts to contracts with suppliers and customers), there`s a good chance you`ll eventually come across a contract that doesn`t meet the terms agreed to by all parties. The general rule is that provisions relating to the duration of a contract are not conditions of the contract (there are exceptions, such as.B. in the case of shipping contracts; it depends in part on the economic importance of timely delivery in all circumstances of the case). Therefore, missing a performance date set in a contract is usually a breach of warranty. However, if a contract stipulates that time is essential, or otherwise contains an express or implied provision that time limits are decisive for performance, time limits are conditions of the contract. Therefore, if a party fails to meet the deadlines, it is a breach of a contractual condition that entitles the innocent party to terminate. In the United States, contract reformulation (second) lists the following criteria for determining whether a particular error constitutes a material breach: Contract lifecycle management with Ironclad saves time while reducing your risk exposure.
The breach of a guarantee of a contract gives rise to a claim for damages for the damage suffered by the breach. These «minor» violations do not entitle the innocent party to terminate the contract. The innocent party cannot sue the defaulting party for a specific performance: only damages. Injunctions (specific enforcement is a type of injunction) to contain a new breach of warranty are likely to be dismissed on the basis that (1) injunctions are a discretionary remedy and (2) damages are an appropriate remedy in the circumstances of the case. Now suppose, however, that the contract clearly states that «time is running out» and that the anvils MUST be delivered on Monday. If Acme delivers after Monday, its breach would likely be considered «material» and R. Runner`s damages would be suspected, making Acme liable for the breach more serious and likely relieving Runner of the obligation to pay the anvils under the contract. Economically, the costs and benefits of maintaining or breaching a contract determine whether one or both parties have an economic incentive to break the contract. If the net cost for a part of the breach of a contract is less than the expected cost of its performance, then that party has an economic incentive to break the contract. Conversely, if the cost of performing the contract is lower than the cost of the breach, it makes sense to respect it. In a perfect world, commercial contracts would be concluded, both parties would benefit and be satisfied with the outcome, and no dispute would arise.
But in the real world of business, there are delays, financial problems can arise, and other unexpected events can occur to hinder or even prevent the performance of a written contract, and one party sues the other. Below is a discussion of the legal term «breach of contract» and an overview of your legal options in the event of such a breach. If a person or company violates a contract, the other party to the agreement is entitled to a remedy (or «remedy») under the law. The main remedies in the event of a breach of contract are as follows: A material breach has been defined as «a breach of contract that is more than trivial but does not have to be denied. which is substantial. The violation must be serious and must not be a matter of minor importance. A breach of contract is likely to constitute a material breach if the contractual term that was breached is a condition of the contract. Various tests can be applied under the terms of the contract to decide whether a clause is a guarantee or a condition of the contract.
Breach of contract is a legal ground for action and a type of civil injustice in which a binding agreement or negotiated exchange is not respected by one or more parties due to the non-performance or alteration of the performance of the other party. A breach occurs when a party fails to perform its obligations, in whole or in part, as described in the contract, or expresses its intention not to perform the obligation or otherwise appears unable to perform its obligation under the contract. In the event of a breach of contract, the resulting damage will be paid to the injured party by the party in breach of contract. Alternatively, the defendant can argue that the contract was signed under duress and add that the plaintiff forced him to sign the agreement through threats or physical violence. In other cases, both the plaintiff and the defendant may have made errors that contributed to the violation. Sometimes referred to as partial breach of contract or insignificant breach of contract, a minor breach of contract refers to situations where delivery of the contract was ultimately received by the other party, but the breached party failed to perform part of its obligation. In such cases, the party who suffered the breach may appeal only if it can prove that the breach resulted in financial losses. For example, a delay in delivery cannot be a remedy if the injured party cannot prove that the delay resulted in financial consequences. For example, A signed a contract with B on January 1 to sell 500 quintals of wheat and deliver it on May 1.
Then, on April 15, A wrote to B and said he would not provide the wheat. B can immediately consider that the breach has occurred and bring an action for damages for the intended service, even if A has until May 1 to provide the service. However, a unique feature of early breach is that if an aggrieved party decides not to accept a refusal made before the expiry of the time limit set for performance, the contract will not only continue on foot, but there will also be no claim for damages unless there is a real breach. If you look at the contracts, you will notice that each department writes its part differently. For example, perhaps one department wanted its terms to mean the same thing as another department, but that intention did not reach a single page. A department may have created its spreadsheet for contracts and archived the original copies. Without a secure contract management system used by all departments, you could break a contract without even knowing it. A «material breach» occurs when you receive something different from what was set out in the agreement.
Let`s say your company signs a contract with a supplier to deliver 200 copies of a bound manual for an automotive industry conference. But when the boxes arrive at the meeting place, they contain garden brochures instead. Fortunately, contracts are legally binding agreements, so if a party fails to meet their contractual obligations, there may be a remedy. . | https://urbech.net/what-is-a-breach-of-an-agreement/ |
«Breach of Contract» means a legal term that describes the breach of a contract or agreement that occurs when a party fails to keep its promises under the terms of the agreement. Sometimes it involves interfering with another party`s ability to perform its duties. A contract may be breached in whole or in part. «Restitution» as a contractual remedy means that the non-infringing party is returned to the situation in which it found itself before the breach, while the «termination» of the contract invalidates the contract and releases all parties from any obligation under the agreement. The reason why a defaulting party commits an actual breach is usually irrelevant to whether it is a breach or whether the breach is a rejection (this is a case of strict liability for the performance of contractual obligations). But the reason may be very relevant to the fact that such a breach would lead the reasonable observer to conclude on the intentions of the defaulting party in terms of future performance and thus on the question of waiver. Often, the question of whether conduct is a waiver must be judged by the intention of the defaulting party, which is objectively proven both by past violations and by other words and conduct. This type of breach occurs when one party no longer acts in accordance with the terms of the contract, causing the other party to believe that it does not intend to perform the contract. This impression stems from inaction. B for example the non-supply of an item as ordered, the refusal to accept payment or any other indication that he cannot or does not want to fulfill the terms of the contract. Contracts often use language other than rejection of infringements to describe a type of breach. These contractual conditions include material violations, fundamental violations, significant violations, serious violations. These alternative formulations do not have a fixed meaning in the law – they are interpreted within the framework of the contract in which they are used.
For this reason, the meaning of different terms can (and does) vary from case to case. Possible interpretations of their meaning include «repugnant harm» and «serious harm, but not as serious as disdainful harm.» If a party alleges a breach of contract, the judge must answer the following questions: If the defaulting party does not perform at the time of performance, the contract may be terminated. However, if the defaulting party provides performance, the right of termination is lost forever. This is an example of what economists call Kaldor-Hicks efficiency; If the profits for the winner of the breach of contract outweigh the losses for the loser, then society as a whole may be better off by breach of contract. 1. The amount of benefit received by the non-infringing party; 2. whether the non-injured party can be adequately compensated for the damage;3. The extent of performance by the offending party; 4. difficulties for the injured party; 5.
negligent or intentional conduct of the injured party; and6. The likelihood that the infringing party will perform the rest of the contract. A basic violation is usually read as an indication of a dismissive violation. Alternatively, the defendant can claim that the contract was signed under duress and add that the plaintiff forced her to sign the agreement by threatening or using physical force. In other cases, both the plaintiff and the defendant may have made errors that contributed to the violation. The breach of a guarantee of a contract gives rise to a claim for damages for the damage suffered by the breach. These «minor» violations do not entitle the innocent party to terminate the contract. The innocent party cannot sue the defaulting party for a specific performance: only damages. Injunctions (specific enforcement is a type of injunction) to contain a new breach of warranty are likely to be dismissed on the basis that (1) injunctions are a discretionary remedy and (2) damages are an appropriate remedy in the circumstances of the case. In the example above, if the contractor had been ordered to use copper pipes and instead used iron pipes that would not last as long as the copper pipes would have lasted, the owner can recover the cost of correcting the violation – removing the iron pipes and replacing them with copper pipes. Suppose R.
Runner signs a contract with Acme Anvils for the purchase of some of its products, which must be delivered by the following Monday evening. If Acme hands over the anvils to Runner the following Tuesday morning, the breach of contract would likely be considered insignificant, and R. The rider would probably not be entitled to pecuniary damages (unless he can prove that he was damaged in some way by the late delivery). It may also be that a breach of contract is in the interest of the company as a whole, although it may not be beneficial to all parties to the contract. If the total net cost of the breach to all parties is less than the net cost incurred by all parties to maintain the contract, it may be economically efficient to terminate the contract, even if it results in damage and economic deterioration to one (or more) parties. It is important to remember that contract law is not the same from one country to another. Each country has its own contract law, independent and independent. Therefore, it makes sense to consider the laws of the country to which the contract applies before deciding how contract law (of that country) applies to a particular contractual relationship.
Proof of the intention to perform a contract in a manner inconsistent with the terms of the contract also shows the intention not to perform the contract. Whether such conduct is so serious that it constitutes a breach of termination depends on whether the imminent difference in performance is disdainful. An intention to perform means a willingness to perform, but willpower in this context does not mean the desire to perform despite an inability to perform. Say, «I want to, but I can`t,» the negative intention, and «I won`t.» The contracting parties must perform the contracts in strict compliance with their conditions: this was agreed in the first place when the contract was concluded. To do otherwise is therefore a breach. Ordinary law has three categories of offences. These are measures relating to the gravity of the offence. In the absence of any contractual or legal provision, any breach of contract is considered a.: Conduct involving a breach of the contractual obligations due may not be sufficient to justify a refusal.
. . . | https://mudanzasmrm.com/2022/04/16/what-is-meant-by-breach-of-contract-in-business-law/ |
by SterlingHouse in Pittsburgh, PA .
Written in English
Edition Notes
|Statement||by Denise Gambino.|
|Genre||Fiction.|
|Classifications|
|LC Classifications||PS3557.A4475 B74 2000|
|The Physical Object|
|Pagination||211 p. ;|
|Number of Pages||211|
|ID Numbers|
|Open Library||OL54609M|
|ISBN 10||156315207X|
|LC Control Number||99065313|
|OCLC/WorldCa||45467372|
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the . Law of Contract by Avtar Singh pdf books. Law of contract Book by avtar singh pdf is free and available for everyone to download as a pdf. Learn about the most important Law of Contracts concepts such as Contract law basics, types of contract laws and law of contract cases. Once a contract is legally formed, both parties are generally expected to perform according to the terms of the contract. A breach of contract claim arises when either (or both) parties claim that there was a failure, without legal excuse, to perform . "Breach of contract" is a legal term that describes the violation of a contract or an agreement that occurs when one party fails to fulfill its promises according to the provisions of the agreement. Sometimes it involves interfering with the ability of another party to fulfill his duties. A contract can be breached in whole or in part.
A contract is a legally binding promise made between two parties. Each party to a contract promises to perform a certain duty, or pay a certain amount for a specified item or service. The purpose of a contract being legally binding is so each party will have legal recourse in the event of a breach. A breach of contract occurs when the promise Author: Travis Peeler. A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of any. breach of contract. n. failing to perform any term of a contract, written or oral, without a legitimate legal excuse. This may include not completing a job, not paying in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not providing a bond when required, being late without excuse, or any act which shows the party will not complete the. With the development of theory and practice of the international project claim management, the contractor carrying out the contract claims is no longer based solely on the contract agreement, but rather towards the combination of contractual and.
An anticipatory breach of contract enables the non-breaching party to end the contract and sue for breach of contract damages without waiting for the actual breach to occur. For example: Jane agrees to sell her antique sewing machine to Amanda, and the two agree on the purchase price of $1,, the sale to occur on May 1st. If Acme delivers after Monday, its breach of contract would likely be deemed "material," and R. Runner's damages would be presumed, making Acme's liability for the breach more severe, and likely relieving Runner of the duty to pay for the anvils under the contract. Can I Sue for Breach of Contract? When a breach of contract occurs or is alleged. Practical concepts in Contract Law. A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda (literally, promises must be kept). Breach of a contract is recognised by the law and remedies can be provided. Remedies for Breach of Traditional and Online Contracts If a contractual duty has not been discharged or excused, the contracting party owes an absolute duty (covenant) to perform the duty. Breach of contract – If a contracting party fails to perform an absolute duty owed under a contract. | https://myxyculexakuhyjot.eduevazquez.com/breach-of-contract-book-16623ei.php |
Unfortunately, the business world is not a perfect place and many obstacles are encountered. While many businesses in Louisiana are aware of this situation, it is possible to reduce the negative impact common business pitfalls cause. With regards to business contract issues, there are methods to remedy or resolve contract disputes.
What is a breach of contract? In the business world, a contract, when entered into, creates certain obligations between the parties of that contract. However, when a party fails to fulfill their end of the bargain, this is considered a breach.
Depending on the terms of the contract, a breach could occur at different times or in different situations. For example, this could occur when a party fails to perform on time, did not perform their duty in accordance with the terms of the agreement or the party failed to perform at all.
In order to determine the appropriate legal solution or remedy for the breach, a breach is either determined to be material or immaterial. This is based on the significance the breach has on the overall agreement and whether it could still be fulfilled.
How do you remedy a breach of contract? There are three major types of remedies for a breach of contract, which includes damages, specific performance or cancellation and restitution. The most common form of remedy used is damages, and depending on the type of breach this could include compensatory damages, punitive damages, nominal damages or liquidated damages.
If damages are not an adequate form of remedy, the non-breaching party could seek specific performance. This is described as a court ordered performance of the duty described in the contract. In other words, it forces the breaching party to perform the obligations of the contract. This usually occurs when the matter of the agreement is considered rare or unique.
Lastly, the non-breaching party could seek cancellation and restitution. This ultimately means that the contract is cancelled. Additionally, if the non-breaching party benefited the breaching party, restitution is provided so the non-breaching party is back in the position they were in prior to the breach.
This information is not exhaustive and is used only to briefly describe a contract breach and possible remedies. Therefore, it is important that parties to a contract dispute fully understand their situation as well as the resolutions available to them. | https://www.dunlapfiore.com/blog/2015/11/what-is-a-breach-of-contract-and-how-can-it-be-remedied/ |
What is Breach of Contract?
A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Alabama, but it is not impossible to have an exclusively oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties occasionally choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be impractical to do so. The consequences for a breach of contract are decided by the circumstances. Often, the party at fault will pay the other for the loss caused by the breach.
What If Someone Fails to Honor Their End of the Contract in Jefferson County
A breach of contract in Jefferson County can lead to the party who did not fulfill its end paying the other party for the damage that resulted. However, there can be contention in court as to the exact amount of the award. Disagreements not resolved privately might be taken to court. The courts will require you in the initial complaint to state the amount of damage that you suffered because of the breach.
What If I Can't Fulfill a Contract?
If a money award will not help, courts in Jefferson County,
Find a Jefferson County Lawyer that Specializes in Your Area of Need:
Breach of Contract Attorneys and Law Firms in the Largest AL Cities
How Can an Attorney Help?
If a party intends to violate a contractual agreement, it must proceed cautiously in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract might be taken as wrong doing. When fulfilling a contract becomes impractical, it is important to be aware of the unique ways that Alabama law may impact your case. Jefferson County, Alabama Disputes in contract law can involve complex questions of timing, and so you should consult an lawyer as soon as you suspect that a contract has been violated. Lawyers specializing in contractual breach in the Jefferson County, Alabama area may advise you about how best to proceed. | https://businessattorneys.legalmatch.com/AL/Jefferson-County/breach-of-contract.html |
Contract Law: An Introduction to Contract Law!
Hello world
What is a Contract?
A voluntary and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied, and generally have to do with employment, sale or lease, or tenancy. A contract is legally enforceable when it meets the requirements and is approved by the law. An agreement involves the exchange of goods, services, money, or promises of any of those. The Contracts or agreements between various parties are framed and validated by the Indian Contract Act. The making of a contract requires the mutual assent of two or more persons; one of them should be ordinarily making an offer and another accepting. If one of the parties fails to keep the promise, the other is entitled to legal redress.
Indian Contract Act, 1872-
The Indian Contract Act, 1872 defines the term ?Contract? under its section 2 (h) as ?An agreement enforceable by law.? In other words, we can say that a contract is anything that is an agreement and enforceable by the law of the land.
Requirements for a Valid Contract
- Mutual Assent: Each party must have an understanding regarding what the subject matter of the contract is.
- Offer and Acceptance: One party must make an offer by clearly communicating their intent to be bound in a contract. Likewise, the other party must render their acceptance in unambiguous terms.
- onsideration: This where both parties mutually exchange something of value to make the agreement binding. The consideration may be a formality, such as giving.
Competency: Parties Must Know What They're Doing. Those signing the contract and entering into the contract agreement must be competent. This means that they are of legal age to sign a contract; they have the mental capacity to understand what they are signing, and they are not impaired at the time of signing ? meaning they are not under the influence of drugs or alcohol
Breach (Breaking) of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. A breach occurs when a party to a contract fails to fulfill its obligations as described in the agreement or communicates intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is a breach of contract, the resulting damages will have to be paid by the party breaching the contract to the aggrieved party. | https://justlearning.in/Career-Articles/contract-law-an-introduction-to-contract-law/2021-02-21/ |
Contracts are legally binding agreements between two or more parties which outline the duties and responsibilities of all of the parties. A contract can be oral or written, but most contracts are required to be in writing to be legally enforceable.
Examples of contracts which are required to be in writing include marriage contracts and contracts which involve an amount of money greater than $500. An oral contract is more challenging to enforce and should be avoided when possible.
In order for contracts to be legally enforceable, certain requirements must be met, including exchanging something of value. In addition, all parties that are involved in the contract are required to have a solid understanding of all of the contract terms and must be in mutual agreement.
Contract disputes arise when a party involved in a contract disagrees with a term or definition which is contained in the contract. In general, a contract dispute may involve a breach of the contract.
A breach of contract occurs when one party fails to fulfill their obligations according to the terms of the contract. A contract dispute can typically be categorized as one of two types of breach, including a material breach and a minor breach.
A material breach occurs when a contract is completely and irreparably broken. The breach is so severe that the rest of the contract is rendered completely useless and there are no other terms which can be fulfilled.
Material breaches can also be referred to as total breaches. The non-breaching party is not required to fulfill their contractual obligations and they can sue the breaching party for any damages which are caused by the breach.
An example of a material breach occurs when a party purchases a home and completes all of the steps necessary to obtain ownership. The seller then suddenly decides not to sell the home or refuses to hand over the deed and keys to the home. This is a material breach because it renders the contract useless.
A minor breach can be referred to as a partial breach. Minor breaches occur when the breaches do not affect the entire purpose of the contract.
The parties are still required to fulfill their contractual obligations when there is a minor breach. The non-breaching party, however, may still be entitled to sue the breaching party for any damages which occurred.
An example of a minor breach occurs when a homeowner contracts with an electrician to install a new lighting system with a specific brand of wiring. If the electrician installs the lighting but with the wrong brand of wiring, it would be considered a minor breach because the overall goal of the contract was fulfilled, but not according to the specific provisions.
How Can You Avoid a Contract Dispute?
The best way to avoid contract disputes is to ensure that all parties are in agreement prior to signing a contract. All of the parties involved should clearly understand and agree to all of the terms which are included in the contract.
Any language which is used in the contract should clearly state the duties of all of the parties involved. Any technical words or trade terms should be clarified and defined.
Any vague or ambiguous terms or language which has multiple meanings may lead to a dispute in the future. Another way contract disputes may be avoided is to continually document any negotiations in writing.
Negotiations should be documented every step of the way, which may include keeping track of:
- The history of offers;
- The amount of product;
- The price of the product and
- Other important terms.
This documentation may minimize later disputes which involve forgotten contract terms. As previously noted, one of the best ways individuals can avoid contract disputes is to ensure that the contract is in writing.
Having a contract in writing provides physical proof of the contract terms as well as clarifies and details the overall goal of the contract. Knowing the goal of the contract prior to entering into the agreement is crucial to avoiding a later dispute.
What is the Contract Dispute Act?
The Contract Dispute Act governs claims which involve United States Federal Government contracts. It also defines various procedures which should be followed if the federal government has a claim against an independent contractor.
For example, if the federal government claims that a contractor committed fraud, pursuant to the Act, the federal claim against the contractor has to be submitted for special review, which is conducted by the United States Contracting Office. Claims regarding contract disputes are required to be in writing.
Claims which are submitted by a contractor above $100,000 must:
- Have been made in good faith;
- Supported by accurate data; and
- Must represent a reasonable estimation of the amount which the government owes.
What Remedies are Available for a Contract Dispute?
There are two main categories of remedies which may be available in a contract dispute, legal remedies and equitable remedies. A legal remedy may include:
- Compensatory damages;
- Restitution; and
- Liquidated damages.
There are some contracts which contain liquidated damages clauses. These clauses determine, in advance, the amount of damages which should be paid if a party breaches the contract. The parties agree upon the damages figure during their contract negotiations.
Equitable remedies are legal remedies which allow a non-breaching party to recover monetary damages and may include actions which the court orders for the purpose of resolving the dispute. An equitable remedy typically requires a party to take certain actions in order to correct errors or perform their duties under the contract.
Equitable remedies are typically used to resolve substantial breaches of contract when an award of money damages would not be sufficient to resolve the issue or to protect the parties from harm. It is important to note that equitable remedies are typically not available as an option unless the party is able to demonstrate to the court that legal damages would not resolve the issue.
Can I Obtain Both Legal and Equitable Remedies?
Usually, the non-breaching party is required to seek a legal remedy before a court will consider granting an equitable remedy. In other words, if the parties are unable to show that money will not resolve their contract dispute, they will likely not be eligible to receive an equitable remedy.
There are also certain situations where one party to a contract may be able to receive monetary compensation pursuant to the rules of equity, called restitutionary damages. Restitutionary damages are very specific and limited to specific types of damages in a breach of contract case.
Restitutionary damages are used to prevent a party from being unjustly enriched due to the breach. For example, if the non-breaching party already delivered the goods specified in the contract but the buyer has not paid for them yet, the court may order the breaching party to pay restitutionary damages so they do not receive the agreed-upon benefit for free and at the expense of the other party.
Do I Need a Lawyer if I Have a Contract Dispute?
It is essential to have the assistance of a contract attorney for any issues, questions, or concerns you may have related to a contract dispute. Your lawyer can assist during all steps of contract formation, including negotiation, drafting, and reviewing to ensure that the contract is valid and enforceable.
If a dispute arises related to your contract, your attorney can represent you during settlement negotiations and represent you in court. | https://www.legalmatch.com/law-library/article/contract-dispute-lawyers.html |
Almost everyone enters into a business contract with the best intentions. After all, meeting contractual agreements is just good practice and may establish relationships and grow your business.
What happens, however, when your good intentions go awry? You may inadvertently find yourself in breach of some part of a contract, putting your business at risk. To protect your business from the potential harm from a breach of contract, it is essential to understand what constitutes a breach and your options if one occurs.
What is a breach of contract, and what are the consequences?
A contract is a legally binding agreement between two or more parties. A breach of contract occurs when one party fails to uphold their end of the deal. This can happen for various reasons, such as failing to provide the agreed-upon goods or services, failing to pay the agreed-upon price or otherwise breaching the terms of the agreement.
The consequences of a breach of contract can be significant and may include damages and financial penalties, as well as damage to your reputation.
What are your options if you find yourself in this situation?
If you find yourself in a situation where you have breached a contract, you have a few options. First, you need to try to determine if the breach is material (consequential) or immaterial. An immaterial breach may not be a serious issue, allowing you to focus on damage control.
Second, you can try to negotiate with the other party to see if they are willing to forgive the breach and allow you to continue with the contract.
If the other party is not willing to overlook the breach, you may need to pay damages. The damages you will need to pay will depend on the severity of the breach and the contract terms. In some cases, you may also be required to terminate the contract.
When you have a conflict over a contract, trying to come to a new agreement can often be the best solution – and it can keep you out of court. Make sure you fully understand all your legal options. | https://www.deblasislaw.com/blog/2022/06/a-breach-of-contract-is-everybodys-business/ |
Contractual obligation refers to an agreement that results in enforceable or legally recognized obligations. Such parties collectively decide to carry out their respective responsibilities under the terms of the agreement when they sign it. Contract law regulates the nature, terms, and legality of such agreements. It applies to various transactions, including selling products or providing services and interest or ownership transfers.
Therefore, the most suitable approach to describe contractual obligations is to explain that they are each party's legal obligations under the contract. Both parties will trade something of value in a contract, but specific requirements must be met for the exchange to be effectively carried out.
What Is a Contractual Obligation?
Contractual obligation means a legally binding, official document, commonly known as a contract, is used to create a legally enforceable agreement between parties. The parties will bargain and decide on the terms they wish to get included in the contract before signing it. A contract must be based on some consideration, among many other things, to be considered valid and legally binding. For instance, a cell phone provider may bill a user of a cell phone regularly. In exchange for the ability to utilize their cell phone carrier's services, the cell phone user continues to incur those costs.
In the above example, the types of consideration (i.e., anything of value) utilized to bind the parties' agreement are money and services. Contract obligations are the responsibilities stated in a contract that each contractual party acknowledged when they signed it and is now held liable for fulfilling. The cell phone user must pay the cellular provider each time they receive a new invoice to return to the previous cell phone bill example. While they are still taking money, the cell phone carrier, on the other hand, is obligated to offer the user cell phone services.
The activities (or lack of actions) of either of these sides will most certainly constitute what is described as a "breach" or violation of the contract if they fail to fulfill their contractual responsibilities in the manner specified in contract provisions.
A legal claim for breach of contract may entail the breaching party paying the non-breaching party a sizable sum of money in compensation to compensate for any losses they may have endured during the breach. Therefore, the parties to the contract must keep their word and make every effort to carry out their duties. Otherwise, the legal repercussions may be expensive.
Is Contract Obligation Transferable?
A party may assign contractual duties to a third party in certain circumstances. A contractor might be able to employ a subcontractor (i.e., a third party) to do the paint job for them, for instance, if they agree to paint a property owner's home in return for cash. Nevertheless, everything will depend on the terms of the agreement and whether the property owner approves of the arrangement. Delegating the contract is the term used to describe the successful transfer of a party's obligations under a contract.
It indicates that the original party may find a replacement to assume their legal obligations as though they were carrying out the contract. A delegation under a contract may occur for reasons, though not always. For example, some contractual duties are intact and cannot be transferred to a third party. An illustration of this is when a party employs an individual based on their qualifications, standing, or unique skills. In addition, parties that violate state contract laws by assigning their obligations under a contract risk are being barred from doing so in the future and being held liable for contract violations.
Another type of contract delegation is known as "assigning the contract," and it is the last type. The distinction between delegating and assigning a contract is that delegation relates to the transfer of obligations, whereas assignment refers to the transfer of rights under the agreement. A leasing agreement is a typical example that is used to show how the two ideas differ from one another. It may count as a contract assignment if a lease has a provision allowing a company to sell off commercial real estate.
In other words, all of the powers of the existing business owner to use and dispose of the commercial property in the future will be transferred to the new corporation that buys it. A tenant who sublets their unit to a new tenant is responsible for making rent payments to a third party. Even though the subletting renter will be responsible for paying the rent to either the initial tenant or the landlord, if the subletting tenant cannot make payments, the landlord may still hold the original tenant accountable. It is significant to highlight that the examples are broad-brush representations meant to distinguish the idea of obligations and rights under a contract.
Whether contract obligations can be transmitted to another party and whether the transfer is a delegation of responsibilities or an assignment of rights depends on several factors, including the laws of the applicable jurisdiction, the terms of a particular contract, and the particular modifications to which the contracting parties agreed or disagreed.
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Understanding Contractual Obligations Breach
A party may bring legal action against a party who violates a contract to recover losses brought on by the violation. The price of locating a new partner to negotiate an agreement or any delays brought on by the failure to comply must remain included in these damages.
Instead of filing a lawsuit, one party may also demand that the other perform the tasks outlined in the agreement. It may be the preferable alternative for individuals who want to avoid going to court. Still, if the party who breached the agreement offered a poor service or product, there may not be many purposes in asking them to continue.
One party may be able to obtain relief from the current contract from the court if they can demonstrate that the other party intentionally misled them. Also, it is vital to know that, in contract violation, the party suing can only recover what are known as Expectation Damages, which only compensate for the value lost as a result of the violation of the contract. It means that the party who suffered breaches can only receive compensation for specific damages or the settlement made whole.
Key Terms
- Arbitration : A dispute resolution process where a private court decides the resolution of a conflict between the people involved in a contract.
- Consideration: The legal phrase defines the payment made for the services or goods a supplier provides.
- Cure Period: A person who breaches the contract has a certain duration to fix the default before the non-breaching contractual party can exercise legal actions.
Conclusion
A contract's obligations may occasionally get transferred to another party during an agreement execution. For instance, in a services agreement, the party obligated to carry out a duty may be able to delegate that obligation to another party, a practice known as contract delegation.
Nevertheless, contract delegation will not be an alternative if the contracted service requires specific talents only the originating party possesses. So if you wish to seek legal assistance for drafting comprehensive contractual obligations, it is time to consult the expert attorneys at ContractsCounsel, who can guide you at every step of your contract preparation. | https://www.contractscounsel.com/b/contractual-obligation |
A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Alabama, but it is not impossible to have an entirely oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties sometimes choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be impractical to do so. The consequences for a breach of contract are determined by the circumstances. Often, the party at fault will pay the other for the loss caused by the breach.
What If Someone Fails to Honor Their End of the Contract in Center Point
A breach of contract in Center Point usually entitles the party who fulfilled its end to recover monetary damages from the party that did not. The exact amount of these damage awards, however, is usually a subject of contention in court. Courts may be used to resolve disagreements that the parties cannot negotiate privately. In the course of the case, the courts will require that the initial complaint state the amount of damages suffered.
What If I Can
If a money award will not help, courts in Center Point, may also be authorized to issue an injunction, or in other words, require the other party to do what it agreed to do. It is important to consider your concerns carefully, and once they are determined, they must be properly voiced in order for the court to correct the situation properly. A breach of contract does not generally mean that someone did something wrong. Courts consider more then the question of whether a breach of contract really occurred, but also Alabama law looks to how and why the obligation went unfulfilled.
How Can an Attorney Help?
When violation of a contract duty is unavoidable, the affected party must make its intention known to the other party in the proper way. Statements of intent to violate a contract may be taken as wrong doing in certain contexts. Alabama law may impact your case when keeping a contract becomes impractical. Center Point, Alabama You should consult an Attorney before proceeding if you believe a contract has been violated. Disputes in contract law can turn on delicate issues of timing. An Attorney specialized in contractual breach in the Center Point, Alabama area can lend help in these situations. | https://businessattorneys.legalmatch.com/AL/Center-Point/breach-of-contract.html |
Anytime you enter into a legal agreement, you risk that a breach of contract will occur. Even if you and the other parties fully agree to the terms of a contract, there is always the chance that they will decide not to abide by those terms – or that they will accuse you of failing to do so.
Contracts are legally-binding, as long as they meet the requirements under contract law. This means that you have the right to take legal action if another party commits a breach of contract. Below are different types of contract breaches that might occur. To discuss specific concerns you have about a contract, reach out to a breach of contract lawyer right away.
Actual Breach
This is a contract breach that has already happened, meaning a party failed to meet its obligations by the required date or the party’s performance of the contract was improper or incomplete. When this occurs, the party that suffered losses can seek legal relief for the actual breach if they had a legally-enforceable contract. This might include seeking damages to compensate for losses or, in rare cases, a court order that the party performs its agreed-upon obligations.
Anticipatory Breach
Not every contract dispute arises after a breach occurs, as some parties might indicate that it does not plan to – or cannot – perform its obligations under the agreement. Anticipatory breaches might be discovered through a direct notice from the other party that it will not fulfill its end of the bargain or based on conduct that demonstrates they do not plan to deliver. Some anticipatory breaches might be covered under force majeure clauses or similar provisions, but never assume this. Instead, discuss the matter with a skilled attorney.
Material vs. Immaterial Breach
Unlike actual vs. anticipatory breaches, a material or minor breach refers to how the contract impacts the agreement and parties. If you receive substantially less than you should have under a contract, it is a material breach, and it can result in significant compensation to remedy the breach of contract.
On the other hand, an immaterial breach involves a relatively minor aspect of the contract. The party might only fail to complete a small part of the agreement instead of breaching their full obligations under the contract. Sometimes, an immaterial breach results in no direct financial losses, and there might be no legal remedy available for an immaterial breach.
Consult with a New Jersey Contract Attorney Today
No matter what type of breach occurred, you should always discuss your options with a contract lawyer. The right lawyer can assess your losses stemming from the breach and determine the best course of action. In some cases, it only requires discussion or negotiation with an attorney to induce the other party to perform the contract. It is often preferable to resolve these matters out of court.
However, if you cannot resolve your breach of contract dispute through informal negotiation, the attorneys of Varcadipane & Pinnisi, PC, can pursue a breach of contract claim in civil court. Contact us to learn more about our civil litigation and contract services. | https://www.vpattorneys.com/contract-breaches-types/ |
A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Alabama, but it is not impossible to have an entirely oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties sometimes choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be impossible to do so. The circumstances for a breach of contract determine what will happen as a result. Sometimes the party that breached may be ordered to pay the other for damages, and bringing the case to court can achieve an order of this kind.
What If Someone Fails to Honor Their End of the Contract in Rainsville
When one party breaches a contract in Rainsville, they will usually pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. The matter may be taken to court if disagreements of this form are not resolved privately. If this happens, the court will require you to state in the initial complaint the amount of damages you feel you need to redress the wrong.
What If I Can
If money cannot redress the harm suffered, courts in Rainsville,Alabama may grant injunctions, which are orders for the party at fault to do what it agreed. If your concerns seem to fit this remedy, you must voice the complaint to the court properly so that it can consider the issue. Not every breach of contract involves someone doing something wrong. Courts recognize this, and aside from the question of whether a violation of a contract actually occurred, when and how the agreement was breached are also factors in Alabama contract law.
How Can an Attorney Help?
If intending to breach a contract, a party must proceed carefully in letting the other party know. Statements of intent to breach a contract may be taken as wrong doing if they are voiced improperly. It is important to be aware of how Alabama law may impact your case when fulfilling a contract becomes impractical. Rainsville, Alabama You should consult an attorney before proceeding if you believe a contract has been violated. Disputes in contract law can turn on delicate issues of timing. An attorney specialized in contractual breach in the Rainsville, Alabama area can lend help in these situations. | https://businessattorneys.legalmatch.com/AL/Rainsville/breach-of-contract.html |
If one of the parties to a contract fails to perform their obligations, this may constitute a breach of contract. A breach of contract may entitle the innocent party to make a claim for damages for the losses it has suffered.
However, where one of the parties to a contract behaves in such a way that it indicates it no longer intends to accept its obligations under the contract, this is considered to be a repudiatory breach (or fundamental breach) allowing the innocent party to terminate the contract and to sue for damages.
Generally the contract will set out behaviour that constitutes a repudiatory breach, and this might include:
- Refusal to carry out work.
- Abandoning the site.
- Removing plant from the site.
- Failure to make payments.
- Employing others to carry out the work.
- Failure to allow access to the site.
- Failure to proceed regularly and diligently.
- Failure to remove or rectify defective works.
Where repudiation is considered to have occurred, the innocent party can either affirm that the contract will continue or accept the repudiation and so terminate the contract. Either way, it is important that there is some sort of response, as inaction may be considered to be an affirmation of the contract.
Whatever course of action is taken, the innocent party will have the right to claim damages.
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Breach of Real Estate Contract: A Broken Promise
If you have ever purchased real estate property, and certainly if you invest in commercial or residential real estate as a business, then you know that the time between signing a real estate contract and closing on the property can be a stressful period. While many closings are completed without issue, some real estate contracts are not performed or are anticipatorily breached which can prevent the closing from occurring or result in a different outcome than the parties bargained for.
Under California laws, a contract for the sale of real estate must be in writing. When the parties sign the real estate contract, they are agreeing to all of the terms contained in the agreement. Violating one or more of these terms means results in a breach of contract.
If you are buying or selling real estate, particularly as a commercial endeavor, it is critical that you know and understand the terms of your agreement, so you can defend your rights under the contract in the event that the other party violates the agreement and also to ensure that you do not inadvertently breach the contract yourself.
When is a real estate contract breached?
A breach of contract can be any violation of a term contained within your real estate contract. However, the remedies available to the non-breaching party will depend on whether the breach was material or minor.
Material Breach
A breach of contract is material if the breaching party’s actions, or failure to act, substantially impacts the non-breaching party resulting in the non-breaching party not getting the result they bargained for.
Non-Material Breach
A non-material breach occurs when a party violates a more minor or tangential condition of the contract. In this event, the non-breaching party may be entitled to compensation if they can prove that they were damaged by the breach.
Why does the distinction between a material breach and a non-material breach matter?
The differences between the remedies available to a non-breaching party in the event of a material breach versus a non-material breach are significant. When a material breach of contract occurs, the non-breaching party could elect not to perform their responsibilities under the contract.
In addition, the non-breaching party will have the option to sue the breaching party for monetary damages and, in some cases, seek specific performance.
Specific Performance
Specific performance is when the court orders the breaching party to take a particular action. Typically, under contract law, even when a party materially breaches the contract, the law requires them to pay money damages only—it does not force the breaching party to take a specific action.
However, where money damages would be an inadequate remedy, the court may order the party to actually fulfill their obligations under the contract. In the context of a real estate contract, specific performance may include transferring ownership of the property to the non-breaching party. This comes in very handy with real estate sales transactions because It is presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation. Furthermore, for a single-family dwelling that the buying party seeking performance intends to occupy, the presumption is conclusive.
Seller’s Remedies When a Buyer Breaches Real Estate Contract
If you entered into a contract to sell real estate, but the buyer has breached the terms you agreed to, the remedies available to you will depend on whether the buyer made a material or non-material breach. The most common material breach by buyers in real estate contracts is failing to follow through with a closing and not actually paying for and taking possession of the property as agreed to in the contract.
When a buyer breaches a real estate contract, the seller may be entitled to monetary damages. However, it is less common that the buyer will be ordered to perform a specific action like taking possession of the property because monetary damages are generally sufficient to compensate a non-breaching seller, as it is easier for a seller to find another buyer in the market than it is for a buyer to find a replacement property.
The seller’s primary damages will usually be calculated based on the difference between the amount due under the real estate contract and the fair market value of the property at the time of the breach. The seller can also recover other consequential damages and interest.
Buyer’s Remedies When a Seller Breaches Real Estate Contract
If a seller refuses to close on a property after signing a real estate contract, either because they changed their mind or they received a better offer from someone else, they may be in breach of contract.
Specific performance will tend to be the preferred remedy for a buyer when a seller breaches the sales agreement. However, a buyer is also entitled to damages including the price actually paid, title and escrow expenses, the difference between the price agreed on and the value of the property at the time of breach; expenses in preparing to enter the property; consequential damages; and interest.
How to Avoid Breach of Real Estate Contract
As with any contract, the best way to avoid a dispute over a breach of contract is to have a clear written agreement that sets forth the expectations and obligations of each party and anticipates challenges that may arise. The best way to plan for these challenges is to incorporate contingency clauses into the contract and fully discuss them before the parties execute the agreement.
When dealing with real estate sales, there are often a lot of moving pieces: relocation of a job, closing of a previous home, a seller finding another home, a buyer securing funding, and a successful home inspection. To plan for these challenges that can be anticipated, it is wise to include contingency clauses in your real estate contract so that if an issue arises to the point where a contingency cannot be met, no breach will result.
Adding a Contingency Clause
In a contingency clause, you can state that certain obligations of a party—including to actually buy or sell the property—are contingent on the fulfillment or occurrence of some preceding condition. Parties can agree to make the sale itself contingent upon fulfillment of some condition, like passing a successful home inspection, or they may agree that the stated closing date will be contingent upon some condition. For example, the seller may agree to a particular closing date, contingent upon the seller finding another property to relocate to.
If you are a party to a real estate contract that you believe has been breached or you need advice about your rights and obligations under a real estate contract, contact our experienced and knowledgeable team of real estate attorneys at The Myers Law Group today. | https://www.themyerslg.com/blog/2019/04/breach-of-real-estate-contract-a-broken-promise/ |
Breach of contract occurs when one party to a valid contract breaks its promise to the other party or parties. Most contracts end when both parties have fulfilled their obligations. But sometimes one party does not meet its obligations under the terms of the contract. When this occurs, that party is said to be in breach of the contract.
To have a claim for breach of contract, there must be a valid contract, a party who violated the terms of the contract, and another party that was damaged as a result.
A valid contract can be written or oral and must include an offer, acceptance, and consideration, or the exchange of something of value.
Breach of contract occurs when one party to the contract does not do what they said they would do. Think of a breach of contract like a broken promise. Examples of a breach of contract include:
Breach of contract lawsuits are one of the most common claims filed in U.S. courts. Judges can offer various remedies to compensate someone for a broken contract. These remedies are not intended to punish the party that broke the contract; rather, they return the injured party to the position they were in before the breach occurred.
A contract can be breached in whole or in part. A partial breach occurs when some, but not all, of the terms of the contract were violated. For example, a homeowner might request that their house be painted in Beige, but the painter used Brown. The house was painted, but the color was incorrect. The homeowner has a claim for a partial breach of contract in that the painter did not use the color specified in the contract.
A material breach of contract occurs when the party that violates the agreement does so in a way that removes the value of the contract, such as if the painter simply failed to paint the house. In this case, the homeowner can sue for damages, would not be required to pay for the painting, and would be owed any deposit that was paid. In some circumstances whether a breach is material is determined by whether there has been substantial performance. For example, if there was a contract not just to paint a house, but instead to build and complete an entire house, and the constructed house was so defective that it could not be repaired without taking down and reconstructing a substantial portion of the whole house, the contractor will be deemed not to have substantially completed the house, and despite having provide some work, will be not be allowed any recovery.
A party can also claim anticipatory breach of contract if they suspect that the other party will not meet its obligations because they did something which shows their intention not to perform under the terms of the contract. An anticipatory breach of contract might occur, for example, if a homeowner paid a deposit to have the house painted but the painter stopped responding to emails, texts, or phone calls. Proving anticipatory breach of contract can be very difficult.
To have a valid claim for breach of contract, the party claiming that the contract was breached generally must have fulfilled its obligations under the contract. In the above example, the homeowner must have made payment for the house painting and must have fulfilled any other requirements under the terms of the contract, such as telling the painter the color she wished the house to be painted.
Before filing a lawsuit, the party who is claiming the contract was breached generally must notify the other party, preferably in writing, that the other breached the contract. In some cases, especially in cases involving a contractor breaching a warranty, the property owner must give the contractor the opportunity to cure the defective work.
If a contract has been breached, the breaching party generally must take immediate steps to fix the situation. They may be able to correct their mistake before the other party is aware of the breach, or before the other party can file a lawsuit.
Many contracts contain a section that addresses what to do in the event of a breach. There may be a clause that calls for the termination of the contract or that says the parties have a certain amount of time to fix it.
If the breach cannot be quickly remedied, the breaching party should speak to the non-breaching party. This demonstrates a good faith effort to resolve the dispute, and the parties may be able to resolve the breach without the need to file a lawsuit.
The non-breaching party should, if at all possible, give the breaching party the opportunity to fix the mistake. The breaching party may be able to fix the mistake in a way that still meets the non-breaching party’s needs so both parties can come to a resolution and avoid legal action. However, the non-breaching party is not required to agree to a change in the contract that does not sufficiently benefit them for damages caused by the breach.
If attempts to resolve the breach are unsuccessful, it may be wise to enlist the assistance of an experienced breach of contract attorney
As in any lawsuit, the defendant has a right to offer proof for why the alleged breach of contract did not happen or should be excused. Common defenses to claims for breach of contract include:
If a plaintiff can prove breach of contract they are entitled to a remedy. This can include damages (an amount of money to compensate the plaintiff for the loss suffered), an injunction (a court order that requires one party to stop doing something that damages the other party), and rescission (cancellation of the contract.
If you believe someone breached a contract with you or your business, or if you’ve been accused of breaching a contract but believe you have a defense, it is important to contact a lawyer who has experience handling breach of contract claims. Details that you may think are minor or insignificant can have a profound effect on the outcome of a case. A lawyer will be able to help point out these important details and represent you in court.
A breach of contract lawyer can help by reviewing, editing, and negotiating the terms of the contract (indeed in most cases you should talk to a lawyer before signing a contract in hopes of avoiding issues that might lead to a breach). If you need to file a lawsuit, have been sued, or believe you will be sued, you should hire an attorney as soon as possible. An attorney will be able to analyze the terms of the contract, assess any available defenses available, and provide assistance in negotiating a resolution or in mediation, arbitration, or litigation.
At Fremstad Law our lawyers have handled countless breach of contract claims. North Dakota and Minnesota lawyers Joel Fremstad, James Teigland, Mark Western, Brandt Doerr, and Nick Thornton are here to help move you forward. Contact us today by calling (701) 478-7620.
© 2021 Fremstad Law | https://www.fremstadlaw.com/understanding-breach-of-contract-claims/ |
What would constitute a breach of contract? The answer to that question is an obvious break away from the terms of a legal contract. The parties who sign them have agreed to abide by certain rules and regulations, and the contract must be in writing. If a party breaches a contract, they may be liable for damages. In many cases, the damages awarded depend on the nature of the breach. Below are some common situations when one party would be liable for breach of contract.
A breach of contract might not be defined in the contract, but a legal party will assume a breach if one or both parties fail to perform their obligations. It can be difficult to define what constitutes a breach unless the contract lays out specific deadlines or times. It may not be possible to enforce the agreement if one or both parties violate specific laws or engage in illegal activities. The best approach is to follow the contract in detail. If an employer breaches a contract which makes working life so unbearable that an employee is forced to resign, a Constructive Dismissal Claim can be made. Find out more at Employment Law Friend, advisors in Constructive Dismissal Claim services.
A material breach of a contract requires that the breaching party has failed to meet the obligations in the contract. This can be any aspect or the entire contract itself. In some cases, the breach can occur in the context of a business deal, such as a sale of goods. In other cases, a breach of contract can happen in the context of a consumer’s relationship with a third party. Most commonly, a breach of contract occurs in an employment scenario. | https://generationguy.com/business/what-would-constitute-a-breach-of-contract/ |
A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Pennsylvania, but it is not impossible to have an entirely oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties sometimes choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be unrealistic to do so. The consequences for a breach of contract are determined by the circumstances. Often, the party at fault will pay the other for the loss caused by the breach.
What If Someone Fails to Honor Their End of the Contract in Selinsgrove
A breach of contract in Selinsgrove can lead to the party who did not fulfill its end paying the other party for the damage that resulted. However, there can be contention in court as to the exact amount of the award. If this disagreement cannot be resolved, the matter may be taken to court. Courts usually require you to plead the amount of damages you suffered in the initial complaint.
What If I Can
If a monetary award will not resolve the issue, courts in Selinsgrove, Pennsylvania may choose to grant an injunction, which is an order for the other party to do what it had agreed. Once your concerns are determined, a court will require you to properly voice them in court so that it may grant a suitable remedy. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract truly occurred. In Pennsylvania law, how and why the contract duties went unfulfilled are also factors.
How Can an Attorney Help?
It is typically best for a party intending to violate an agreement to make its intention known to the other party, but extreme care must be used. Otherwise, communications may be taken as admissions of wrong doing. When a party finds itself unable to complete a contract, it is important to be aware of local Pennsylvania law, since it may impact your case in an unique way. Selinsgrove, Pennsylvania Disputes in contract law can involve complex questions of timing, and so you should consult an Attorney as soon as you suspect that a contract has been violated. Attorneys specializing in contractual breach in the Selinsgrove, Pennsylvania area can advise you about how best to proceed. | https://businessattorneys.legalmatch.com/PA/Selinsgrove/breach-of-contract.html |
A breach of contract can be significant or minor. The obligations and remedies of the parties depend on the type of breach that has occurred. The second best way to defend many infringement claims is to argue that the damage is minimal or no. In this defense, the defendant accepts that a contract exists, agrees that it has been breached, but does not accept that the damage was caused. Essentially, it`s about the „no harm, no fault“ defense. If a contract is terminated, the parties are legally entitled to cancel the work, unless it directly affects the other party at that time. A basic violation is usually read as an indication of a rejection violation. Finally, the party must prove that the other party substantially breached the contract. Although failure to comply with a contractual condition constitutes a breach, not all breaches constitute a material breach. An infringing party will only be liable for damages for a material breach of contract. In short, a material breach is a serious or serious breach. It is important to remember that contract law is not the same from one country to another. Each country has its own independent and autonomous contract law.
Therefore, it makes sense to review the laws of the country to which the contract is subject before deciding how the contract law (of that country) applies to a particular contractual relationship. In addition, the laws of the State and the nature of the contract (para. B e.g. lease, purchase contract, government contract, etc.) may indicate other ways to breach a contract. Here are some general steps a party should take if they are responsible for the breach: However, assume that the contract clearly and explicitly states that „time is of the essence“ and that anvils MUST be delivered on Monday. If Acme delivers after Monday, its violation would likely be considered „material,“ and R. The runner`s damages would be presumed, which would exacerbate Acme`s liability for the breach and likely release Runner from the obligation to pay the anvils under the contract. Contracts often use language other than non-rejection violations to describe a type of violation. These terms and conditions include material breach, material breach, material breach, serious breach. These alternative formulations do not have a fixed meaning in the law – they are interpreted within the framework of the contract in which they are used.
For this reason, the meaning of different terms can (and does) vary from case to case. Possible interpretations of their meaning include „harm by refusal“ and „serious harm, but not as serious as a violation of rejection.“ To determine whether or not a contract has been breached, a judge must review the contract. To do this, they must check: the existence of a contract, the requirements of the contract and whether any changes have been made to the contract. Only then can a judge rule on the existence and characterization of an offence. In addition, for the contract to be breached and for the judge to consider it a breach, the plaintiff must prove that there was a breach and that the plaintiff maintained his or her share of the contract by fulfilling everything necessary. In addition, the plaintiff must inform the defendant of the infringement before bringing the action. 1. the amount of the benefit received by the non-injured party; 2. Whether the non-infringing party can be adequately compensated for the damage;3.
Extent of performance by the offending party; 4. difficulties for the injured party; 5. Negligent or intentional conduct of the injured party; and6. The likelihood that the infringing party will perform the rest of the contract. When a dispute arises over a contract and informal attempts at a solution fail, the most common next step is a lawsuit. If the amount in dispute is less than a certain dollar value (typically $3,000 to $7,500 depending on the state), the parties may be able to resolve the issue in Small Claims Court. Generally, Colorado contract law uses the term „essential performance“ to describe when a party performs the „material obligations“ of the contract. This happens when a party defends a breach of contract claim by arguing that the defendant broke the contract because the plaintiff never did (or did what they said). As long as the applicant has fulfilled the „essential obligations“, he can continue to assert the infringement claim (but may be liable for any breach of contract on his part for compensation). Suppose a buyer has already paid for certain items to be shipped to them, but the company that owns the products never sends the order, refuses to do so, and keeps their money.
The buyer can then bring an action for breach of contract and claim damages from the seller, or he can then demand the replacement of the missing goods. In general, there are two types of remedies that a party can obtain in the event of a breach of contract: remedies or fair remedies. The remedies concern damages in the form of damages, such as. B, nominal damage and lump sum damage. A breach of contract is a breach of one of the agreed terms of a binding contract. The breach can range from late payment to a more serious breach such as failure to deliver a promised asset. In addition, both parties are encouraged to waive the transaction or mutually agree to cancel the contract if the anticipated costs to each party in performing a contract exceed the expected benefits. This may be the case if the relevant market conditions or other conditions change during the course of the contract.
An innocent party therefore has the right to terminate a contract only for breach of a contractual condition, breach of a refusal or breach of a waiver. Nothing less. With regard to epc agreements, a material breach is defined as „a breach by one of the parties of any of its obligations under this agreement which has or could have a significant adverse effect on the project and which has not been remedied by that party“. A behavior is dismissive if it shows the intention to commit a violation of rejection. The conduct would lead a reasonable person to conclude that the party does not intend to perform its future obligations when they become due. If a party has knowingly breached the contract, it is important that they take the necessary steps to promptly remedy the breach. The party must endeavor to correct its error before the other party becomes aware of the breach, or at least before it can take legal action against it. While a party can learn a lot from this information by reading their contract and reviewing local legal resources regarding contractual disputes, it may be more helpful to contact a local contract attorney who is able to provide specific legal advice. . | https://kashtata-beglec.com/breach-of-contract-laws/ |
The courts have concluded that a party`s refusal is a “positive and unambiguous” and/or “final and final” expression of its intention not to perform its contractual obligations in the following circumstances: Specific performance may be any action ordered by the court to compel the defaulting party to perform or perform the specific obligations set out in the contract. It is most often awarded in cases where they are unique or rare objects or something whose value is difficult to determine. The retailer may choose to terminate the contract and receive its considerationThe term “consideration” is a concept in English law that refers to the price paid in exchange for the performance of a promise. Its main feature is that the promisor must give a promise of something that has value, and the promisor must give something valuable in return. Simply put, anything that has value promised by one party to another can be considered a consideration. Refunded. At this stage, the dealer may also decide to take legal action against the supplier before the contractual delivery date. Specific enforcement is a fair remedy by which the court obliges a contracting party to fulfil its contractual obligations. In some cases, a non-injured party may not be adequately compensated by financial damages. He or she could ask the court to grant some advantage instead.
In the current practice of real estate law, very few legal issues receive as much attention and are at the same time poorly applied by practitioners as early rejection (or breach of contract). In this article, John Desiderio discusses the rules of early rejection and tries to reject myths and untruths. While it is true, as the court held, that both types of lawsuits “seek a judicial decision on the terms of the contract,” it is difficult to imagine a clearer, more positive, more definitive and definitive expression of a party`s intention to reject a contract than an attempt to cancel the contract. As mentioned above, the waiver occurs when the other party indicates that it will not perform its contractual obligations in accordance with your agreement. Renunciation must be demonstrated by their words or behavior. The court will take into account certain guiding factors when faced with a contractual dispute and will assert an anticipated breach of contract: the rejecting party positively rejects the contract if it indicates by actions or statements that it will not fulfill or cannot fulfill its contractual obligations or cannot do so substantially. (Mission Beverage Co.c. Pabst Brewing Co., LLC (2017) 15 Cal.App.5th 686.) An anticipated violation is often used in bilateral treaties. A bilateral contract exists when two parties agree to fulfil their contractual obligations on a predetermined date. It is relatively easy to identify the performance obligations of the promisor and the promisor; Therefore, it is easy to calculate fair damages.
A refusal may be implied if a Contracting Party voluntarily renders its execution impossible. (Central Valley General Hospital v Smith (2008) 162 Cal.App.4th 501.) This can be very stressful if you find yourself in a situation where you have entered into a business contract with another company, but something has happened that indicates that a commitment you have accepted may not be fulfilled by them after all. Here we consider the nature of an expected breach, the circumstances in which it may occur, and the remedies available to you if that situation occurs. If a court successfully confirms your claim for early breach of contract, you are entitled to damages. It is important to note at this point that when assessing the claim for damages, the court expects you to prove that you would have been able to perform your part of the contract if the other party had not breached it. If the court finds that you would not have been able to provide the service, there is a risk that the amount of damages awarded to you will be reduced. If a party brings an infringement action after the other party has terminated the contract prematurely, the refusal cannot be revoked subsequently because the plaintiff has substantially changed its position by treating the refusal as a breach. (Central Valley General Hospital v Smith (2008) 162 Cal.App.4th 501.) • If a party has sent a letter stating that if the other party does not grant an extension of the mortgage contingency clause of the contract, the party will consider the contract cancelled. See Smith v. Tenshore Realty, Ltd., 31 AD3d 741, 820 NYS2d 292 (2d Dept. 2006).
This implies that no continuous judgment can be rendered by the courts, as it is true only if the defendant is disabled. Contingencies associated with a unilateral contract generally render a premature breach unenforceable. The general rule is that there can be no early breach of a unilateral contract or a contract that has become unilateral because one party has completed its performance, since the party that has provided is not affected by the obligation to wait for the other party`s period of performance to arrive before prosecuting infringement. (Johnson v. Miller (2008) Cal.App.Unpub. LEXIS 708 (citing (Cobb v. Pacific Mut. Life Ins.
Co. (1935) 4 Cal.2d 565).) If a dissenting party gives the dissenting party an opportunity to repent, but [the rejecting party] does not do so, the subsequent non-performance of the non-rejecting party is not a violation. The injured party does not alter the effect of a rejection by requiring the emitter to act despite its rejection or to withdraw its rejection. (Internal quotes and omitted quotes). Note: If the non-dissenting party treats the rejection as a breach, takes legal action for such a breach, and has treated the refusal as a termination of the contract for all purposes, with the exception of the claim for damages at the time of the trial, the non-rejecting party`s attempts to perform the contract do not constitute a waiver of the refusal. . | http://www.albaneseperforazioni.it/2022/01/26/anticipatory-breach-of-contract-remedies/ |
Following up on the prior week’s show discussing basic contract law, the June 20 edition of The Business Show could be called “When Contracts Go Bad”, as we discussed the primary remedies available in the event that one party to a contract breaches the contract.
There are four primary remedies that may be available when a breach of contract occurs:
1. Money Damages: when lawyers refer to “damages”, we are talking about the recovery of a monetary sum; we also sometimes refer to them as “money damages”. Money damages come in several varieties. “Compensatory damages” are damages for a monetary amount that is intended to compensate the non-breaching party for losses that result from the breach. The aim is to “make the injured party whole again”. There are two types of compensatory damages; namely, compensatory damages and consequential damages. Damages that are intended to cover what the injured party expected to receive from the contract are referred to as “compensatory damages”, and the calculations of these are usually straightforward as they are based on the contract itself or market values. “Consequential damages” are intended to reimburse the injured party for indirect damages other than contractual loss; lost profits are a classic example of consequential damages. In order to recover, the injuries must “flow from the breach,” i.e. be a direct result of the breach, and be reasonably foreseeable to both parties when they entered into the contract. Consequential damages are not always easy to prove, and oftentimes the contract itself limits the recovery of consequential damages.
Another type of money damages are “liquidation damages”, which are damages that are specifically stated in the contract. These are available when damages may be hard to foresee and must be a fair estimate of what damages might be if there is a breach. Both parties determine what would be an appropriate amount during contract negotiations.
“Punitive damages” are damages that are intend to punish the breaching party and to deter him or her from committing any future breaches. They are rarely awarded in contract cases.
2. Specific Performance: In a situation where monetary damages will not properly remedy the situation, equitable remedies are typically awarded. Chief among these is the equitable remedy of specific performance. A court decree that requires the breaching party to perform their part of the bargain indicated in the contract. For example, if the seller of real estate breaches the purchase agreement, given that real estate is unique, a court may find that damages are not sufficient as a remedy and can order the seller to close the sale of the transaction.
3. Injunction: An injunction is a type of equitable remedy in the form of a court order that requires a party to do or refrain from doing specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment.
4. Lien: In some cases, a party may be entitled to a lien. Liens are authorized by statute and the primary example of where a lien can serve as a remedy for breach of contract is a mechanics lien. When a contractor makes improvements to a property and the property owner fails to pay for the improvements, that constitutes a breach of contract and, so long as certain statutory requirements are met to perfect the lien (chief among these being pre-lien notice), the contractor can file a lien against the property and, if still not paid, ultimately commence a foreclosure of the lien. | https://northwrightcounty.today/2014/07/remedies-breach-contract-business-forum-show-june-20-2014/ |
These days, even with rules governing contracts both written and verbal, some people may try to back out of a contract or fail to live up to their agreement. An Arizona breach of contract generally occurs when one party violates a provision of a contract. Let’s take a closer look at what a breach of contract actually is and what you can do if it occurs.
Disclaimer: Please note that this article is not intended to be legal advice. You should always talk to an attorney who is skilled at business and civil law about your unique situation.
What is a contract in Arizona?
Before discussing breaches of contract, it’s important to define what a contract is in Arizona. A contract is an agreement entered into between two parties under mutually agreeable conditions. A contract has to include these three parts.
Offer: An offer can be written or verbal, under Arizona law. This statement presents something for sale, barter, lease, trade, etc. This might be a quote from a plumber to fix your leaky pipes, an employment agreement, or it may be a written offer to buy a car.
Acceptance: Acceptance may be your signature, or it may be a verbal acceptance, as we’ll discuss shortly, or in some cases it could be performance of the act called for in the contract.
Consideration: Consideration is what will be exchanged, and is a critical part of any contract. This may be money, but it may also be time, in-kind donations, services, or anything else that will be part of the exchange.
Verbal vs. written contracts
Although Arizona law allows for verbal contracts in some cases, most contracts must be written to be considered valid. This is based on the Statute of Frauds. A.R.S. §44-101 outlines the types of contracts that must be in writing to be valid.
The most common of these include services that will not be rendered or completed within a year of the contract, goods that are for sale in excess of $500, co-signing a debt for someone else, contracts for the purchase of real property. Sale items that require a loan (e.g., houses and cars) are also covered under the Uniform Commercial Code (UCC).
Legal ability to enter into a contract
The other important element of a contract is a person’s legal ability to enter into a contract, either for themselves or on behalf of an organization. Arizona statute Title 44, sections 131-140, deals with a person’s legal ability to enter into a contract.
Those who may not be able to do so include minor children, those ruled to be mentally incapacitated, people who are under the influence of drugs or alcohol.
What is a breach of contract in Arizona?
For contracts made legally, the breach of contract definition covers all three parts of the contract: the offer, acceptance, and consideration.
Breach of contract in Arizona can occur in any of the following situations when one of the parties entering into the contract fails to fulfill their part of the contract or when one party prevents the other party from fulfilling the contract (for example, when services are not completed, or goods are not as they originally presented). A contract may be breached in whole or in part.
There are three types of breach of contract.
1. Material: Does not allow a party to fulfill their part of the contract
2. Partial: A contracting party is still able to fulfill part of the contract
3. Anticipatory: A party believes that the other party will not fulfill their part of the contract
What are breach of contract elements?
To prove a breach of contract, you must show four things:
1. First, the party claiming a breach must show the contract is valid. It must be entered into by someone legally allowed to do so and it must be in writing, if required.
2. Next, the party claiming a breach must show that they performed their part of the contract or intend to, or have attempted to, even in the face of resistance or difficulty from the defendant.
3. The party claiming breach must also prove that the other party did not adequately perform their part of the contract.
4. Finally, the party claiming breach must show that they suffered losses because of the breach of contract.
Without a clear showing of any one of these elements, a breach is difficult to establish.
What are Arizona’s statutes of limitations for contracts?
As with most things, claims for breach of contract must be brought within specified periods of time. The statutes of limitations vary depending on the type of contract.
As stated in Arizona statute A.R.S. §12-548, a contract for a debt cannot be prosecuted as a breach of contract after six years. For example, if someone fails to pay back a loan you made to them, and you do not file for breach of contract before six years pass, then you have no rights to collect that debt through civil court.
For the sale of goods, Arizona law states that you must take action within four years of the contract. If your contract is verbal for any kinds of goods or services, you have even less time to prosecute: just three years under A.R.S. §12-543. And, most employment breach of contract claims must be brought within one year.
To make it even more complicated, if the city, state, or federal government is a party, there may also be an applicable notice of claims period, which may be limited to only six months. The lesson here? Get it in writing, and watch the calendar if things are not going well. When in doubt, consult a qualified attorney.
Can I get damages for an Arizona breach of contract?
If you file an action for breach of contract within the periods above, there are various remedies available for recovery of proven losses. The most common type of remedy is simple payment of money. Damages can include loss of use or income related to the contract and recovery of attorneys’ fees. Is there is a claim for fraud related to the contract, there may also be punitive damages available.
Deciding what damages to ask for is complicated, but a good civil law attorney in Arizona can help. They’ll attempt to recover any losses you experienced due to the breach of contract. An attorney with dedicated experience in Arizona contract law can review your breach of contract case and advise you on your best options going forward. | https://artemislawfirm.com/arizona-breach-of-contract/ |
A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in Pennsylvania, but it is not impossible to have an exclusively oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties occasionally choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be impractical to do so. The consequences for a breach of contract are decided by the circumstances. Often, the party at fault will pay the other for the loss caused by the breach.
What If Someone Fails to Honor Their End of the Contract in Sugarcreek
A breach of contract in Sugarcreek can lead to the party who did not fulfill its end paying the other party for the damage that resulted. However, there can be contention in court as to the exact amount of the award. Disagreements not resolved privately might be taken to court. The courts will require you in the initial complaint to state the amount of damage that you suffered because of the breach.
What If I Can
If a money award will not help, courts in Sugarcreek, might also be authorized to issue an injunction, or in other words, require the other party to do what it agreed to do. It is important to consider your concerns carefully, and once they are determined, they must be properly voiced in order for the court to correct the situation properly. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract really occurred; how and why the obligation went unfulfilled are also factors in Pennsylvania law.
How Can an Attorney Help?
A party must proceed cautiously in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract might be taken as wrong doing if care is not used. Awareness of Pennsylvania law in this area becomes important under these circumstances. Sugarcreek, Pennsylvania Since contractual disputes often turn on questions of timing, you should consult an Lawyer as soon as you suspect that a contract has been violated. Many Lawyers in the Sugarcreek, Pennsylvania area have specialized in contract law. | https://businessattorneys.legalmatch.com/PA/Sugarcreek/breach-of-contract.html |
What are the consequences of a breach of contract?
What type of contractual breaches are there and what happens next?
What are the possible remedies to a breach of contract?
In this article, we will break down the consequences of a breach of contract so you know all there is to know about it.
Let’s get started!
What is a breach of contract?
A breach of contract is when a contracting party fails to respect the terms and conditions agreed upon in a contract.
When a party fails to respect the contract, we generally say that the party has “breached” the contract.
A breach of contract means that the contract has been broken by a party due to their failure to fulfil their contractual obligations.
Quite often, the breach of contract leads to a party suffering damages or injuries as a result of the breach.
The consequences may be that the non-breaching party terminates the contract and files a lawsuit to seek legal remedies.
To better understand the potential consequences of a breach of contract, let’s first look at the type of contractual breaches.
What types of breaches of contract are there?
There are different types of contractual breach:
- Material breach of contract
- Fundamental breach of contract
- Anticipatory breach of contract
Let’s look at each.
Material breach of contract
A material breach is the type of breach that is the most serious among the three types.
A material breach is a breach of a contractual party’s obligations such as a failure to perform a service, acts of negligence or other important failures.
Fundamental breach of contract
A fundamental breach is another type of contractual breach where the non-breaching party can terminate the contract and claim damages.
A fundamental breach is a type of breach that is of certain gravity beyond than breaching conditions of a contract.
A fundamental breach may not be possible in certain jurisdictions.
For example, in Canada, the Supreme Court of Canada, in the case Tercon Contractors Ltd v. British Columbia (Transportation and Highways) adopted a three-step test to evaluate the breach instead of the notion of a fundamental breach.
Anticipatory breach of contract
An anticipatory breach is when a party is unable to fulfill their contractual obligations and such breach is evident.
When a person has no competency to fulfill their duties and it is clear that they are struggling to perform their obligations, that’s when you have an anticipatory breach.
What happens after a breach of contract?
When a breach of contract occurs, depending on the nature of the breach, the breaching party may be considered to be in default of its obligations enabling the non-breaching party to terminate the contract.
An event of default is generally an event either contractually defined by the parties or an undefined event resulting in a party being unable to fulfill its contractual obligations.
In some cases, the default event can be so important and material that results in damages to the other party and allowing the other party a clear right to terminate the contract.
On the other hand, there are instances where a party breaches continually and persistently.
Each event of default is not material or important if of itself but when considered globally, it is clear that a party has failed in adequately performing its contractual obligations.
What are the consequences of a breach of contract?
The most obvious consequence of a breach of contract is the non-breaching party suffers damages or injury due to the actions or omissions of the breaching party.
The legal consequences of a breach of contract will depend on several factors:
- Terms and conditions of the contract
- Type of contract
- Law applicable to the contract
Terms and conditions of the contract
Fundamentally, contracts are signed by individuals and businesses to protect themselves against a potential breach.
The parties will mutually agree to legally commit themselves to the terms and conditions of a binding contract.
In a commercial context, businesses have the flexibility to enter into contracts that they have adequately considered the pros and cons.
As such, they will be held accountable for a breach of the contractual terms.
Generally, a contract will provide for:
- The technical specifications of the obligations
- The legal framework applicable to the contract
- Financial aspects of the contract
The actual terms of the contract can directly stipulate the consequences of a breach of contract.
For example, a contract can provide for a penalty clause or liquidated damages.
If that’s the case, in the event of a breach, the breaching party will be held legally accountable to pay the penalty or liquidated damages as required in the contract.
The legal treatment of a penalty clause and liquidated damages may not be the same in every jurisdiction but what’s important to note is that the parties have mutually agreed to the financial consequences of a breach.
Type of contract
The type of contract can also have an impact on the consequences of a breach.
For example, if a person has entered into a contract of adhesion, in many jurisdictions, the court may cancel abusive clauses or even the entire contract if the obligations are disproportionate.
A contract of adhesion is a contract where one party dictates the terms and conditions to the other who does not have any meaningful ability to negotiate its terms.
Also, a consumer contract will not be treated the same way as a commercial contract.
A consumer is protected by law and will benefit from much greater protection when a merchant breaches the contract.
Law applicable to the contract
The governing law is significant in determining the actual consequences of a breach of contract.
The same contract, between the same people, with the event of default giving rise to a breach, can be handled one way in one jurisdiction and another way in another jurisdiction.
For example, in the United States, the state of Florida has a statute of limitations of 5 years for most breach of contract claims while in other jurisdictions like in Quebec, Canada, the statute of limitations is 3 years.
A party filing a lawsuit on the fourth year in Quebec will be time-barred while the same person in Flordia can file a lawsuit for damages within the statute of limitations time period.
As a result, depending on the governing law, the consequences on a party’s rights and recourses may be different.
Suing for breach of contract
When a party suffers damages as a result of a contracting party’s breach of contractual obligations, the non-breaching party has the ability to sue for damages or seek legal relief.
Depending on the gravity of the breach, the potential damages caused and the parties’ ability to settle their dispute through good faith negotiations, a party suffering damages may choose to file a lawsuit or not.
In practice, it’s not an enviable position to be in to suffer damages and to have to spend money and pursue the matter in court.
To avoid costly litigation, the parties have an incentive to negotiate and reach a mutually satisfying resolution of the incident.
Negotiations cannot last eternally either.
If there are no possibilities of amicable resolution, then filing a lawsuit becomes the possible path forward to seek compensation.
What’s important when suing for breach of contract is to remember that depending on your jurisdiction and law applicable to your contract, you have a certain time period available to you to sue the other party.
This is commonly referred to as the statute of limitations.
For example, in some jurisdictions, the party suffering damages has up to three years to sue the other party from the day the injury or damage was suffered.
If a party does not act within three years, their legal recourse will expire.
What are the remedies for breach of contract?
A breach of contract will allow the non-breaching party to claim damages or some form of performance.
Let’s look at some of the remedies a party may claim from another resulting from a breach of contract.
Monetary damages
The most common form of remedy for breach of contract is the award of monetary damages.
Monetary damages represent an amount determined by the court allowing the compensation of the damages suffered by the non-breaching party.
Monetary damages can include any of the following types of awards:
- Compensatory damages
- Liquidated damages
- Punitive damages
Compensatory damages
Compensatory damages are intended to compensate the non-breaching party for the actual damages suffered.
In other words, if a person has suffered a loss of $10,000, the compensatory damages will entitle the person to $10,000 to compensate for the damages.
Liquidated damages
Liquidated damages are contractually negotiated damages where a party can claim liquidated damages without having to prove the actual damage suffered.
Each jurisdiction will have its own rules governing liquidated damages.
Punitive damages
Punitive damages are damages awarded by the court, over and above the amount necessary to compensate the non-breaching party.
The goal is to actually punish the breaching party’s behaviour or conduct by imposing punitive damages.
Specific performance
The specific performance is when a party does not care as much for getting a monetary award but demands that the obligations be performed as originally intended.
In other words, the party breaching the contract must do what he or she had promised to do.
Often, specific performance will be the preferred remedy when the parties transacted on a specific item or property.
For example, imagine a person who bought a rare painting but the seller refused to deliver it.
Seeking the performance of the contract is to demand that the seller deliver the painting.
Reduction of price
A possible remedy to a breach of contract is to demand the reduction of the contract price.
If you agreed to pay someone $10,000 to paint your house and they breached the contract terms, you can choose to demand a reduction in the price instead.
Interest charges
Another remedy to a breach is claiming interest charges for the delays in the fulfillment of the breaching party’s contractual obligations.
Restitution
The restitution is a type of remedy where the party suffering damages demands that the parties be put back to their original state.
In other words, give me back my money and take back your stuff.
The goal is to undo the contract and return any money or property that was exchanged.
Rescission
Rescission is a type of remedy applicable to instances when a person is invoking the cancellation or nullification of the contract.
If due to misrepresentation or fraud, a person entered into a contract, the remedy will be to rescind the contract.
That’s when the law considers that the contract never existed and the non-breaching party must be made whole again.
Reformation
Reformation is less common but can be possible.
Reformation is when the court modifies or alters elements of the contract to correct inequalities or disproportionate obligations.
Frequently asked questions
Is it a crime to breach a contract?
Generally, breaching a contract is not a crime as defined under criminal statutes.
A contract is a civil transaction entered into by private individuals.
However, a contract can lead to criminal accusations.
For example, contracts entered into due to fraudulent acts, force, threat, bodily harm, ransom or other criminal acts as defined by criminal laws will lead to criminal accusations.
What happens when both parties breach a contract?
It’s possible that both parties breach their contract.
The court will evaluate the overall context of the obligations between the parties, the damages suffered by both parties, the attribution of responsibility and the property compensation or remedy to each.
It may be that one party breached the contract to a different degree than another.
If a party suffers a loss due to the breach of another contracting party, generally, the party suffering damages can demand compensation.
However, if the party entitled to compensation has also caused damages to the other party, the other party can expect to receive compensation as well.
This is when the courts need to allocate responsibility to each party and determine who may be entitled to compensation.
For example, if a party suffers $50,000 of damages and causes $50,000 of damages to the other party, technically, although both parties have breached the contract, the parties will not end up getting anything.
In practice, the amounts are not that clear cut and the parties may not necessarily ask for monetary damages.
Depending on the breach, even if each party was responsible for 50% of the damages caused, a party may get condemned to pay punitive damages resulting in one party getting compensation and the other party getting no compensation.
What is the effect of a breach of warranty?
Often, when a company or contracting party offers a warranty on products or services, the client must respect certain contractual terms and conditions to benefit from the warranty.
If the terms and conditions are violated, then the warranty may be voided.
Typically, the contract will state what is covered by the warranty and what events can lead to the voiding of the warranty.
Another factor to consider is the type of contract and governing law.
For example, if you have a consumer contract, a merchant cannot easily void a warranty as certain warranties will be required by law.
The minimum extent and scope of the warranty must be observed. | https://incorporated.zone/breach-of-contract/ |
June is Alzheimer’s & Brain Awareness Month, and it seems fitting that it occur in the month that marks the longest day of the year. For the 5.7 million Americans living with Alzheimer’s disease and dementia, as well as their caregivers, each day is the longest day as they deal with the impact of this disease. And so often, they face that struggle alone.
We need to shed light on the awareness and impact of Alzheimer’s. While many tend to think of Alzheimer’s as an “old person’s disease,” there are approximately 200,000 people UNDER age 65 living with younger-onset Alzheimer’s.
So what can you do about it? Educate yourself. Learn the facts about Alzheimer’s disease and what we know about preventing it. Ongoing research shows that lifestyle factors can have an impact on cognitive health. We all know that a healthy diet and regular physical exercise are good for our bodies, and it turns out our brain benefits too. Growing evidence suggests that improved sleep can help reduce your risk as well. Still smoking? Kicking the habit can reduce your risk of cognitive decline. If your exercise regimen includes biking (or rock climbing or skydiving), don’t forget the helmet to reduce the risk of head injury. Keep your brain engaged with mentally challenging activities. You are never too old to learn something new, so take a photography class, learn furniture repair, or try piano lessons! Keep your social connections strong. Volunteer in your community, join a book club, play in a bridge league, or spend time with friends and family. Finally, learn about the warning signs of Alzheimer’s disease.
The Alzheimer’s Association is the leading voluntary health organization in Alzheimer’s care, support and research. Our mission is to eliminate Alzheimer’s disease through the advancement of research, to provide and enhance care and support for all affected; and to reduce the risk of dementia through the promotion of brain health. | https://www.sheppardpratt.org/news-views/story/shedding-light-on-alzheimer-s-disease/ |
- Dementia affects millions of older people, and researchers expect the number of people with dementia in the United States to nearly triple by 2060.
- There is no known cure for dementia. However, some behavioral changes can reduce the risk.
- A recent study found an association between light intensity exercise and reduced risk of dementia in the elderly.
- Scientists need to do more work to determine whether the association is causal.
In a new study, researchers have identified an association between light-intensity exercise in the elderly and a reduced risk of dementia.
The study, which appears in JAMA open network, sets the stage for further research to determine whether light-intensity exercise causes risk reduction.
According to Centers for Disease Control and Prevention (CDC), dementia is a general term for a number of conditions characterized by cognitive impairment.
Dementia typically affects people over the age of 65, although it is not an expected part of aging. The most common type of dementia is Alzheimer’s disease.
Alzheimer’s disease is a neurodegenerative disease, which means it gets worse over time.
According to World Health Organization (WHO)During the early stages of dementia, someone may become forgetful, lose track of time, or fail to remember a familiar person. In its advanced stages, dementia can significantly reduce an individual’s awareness of the world.
There is no known cure for neurodegenerative dementia. Instead, doctors focus on reducing symptoms and promoting lifestyle changes that could reduce the risk of developing dementia.
In the present study, the researchers investigated whether there was an association between low-intensity exercise and a reduced risk of developing dementia in the elderly.
The study involved 62,286 participants who were 65 or older, had no dementia diagnosis and had medical records in the Korean National Health Insurance Service database.
The researchers collected data between January 2009 and December 2012 and monitored the participants until the end of December 2013. They completed the data analysis from July 2020 to January 2021.
Women represented 60.4% of the participants and the mean age was 73.2.
Participants recorded their physical activity level at the start of the study period using a self-reported questionnaire. The researchers looked at the frequency, intensity and duration of exercise to determine how much energy expenditure was due to physical activity.
After an average follow-up period of 42 months, the researchers noted how many participants developed dementia.
During the follow-up period, 6% of the participants developed dementia.
The researchers divided the participants into four groups according to how active they were: inactive, not active enough, active and very active.
They found that inactive participants had a 10% reduced risk of developing dementia compared to inactive participants.
Active participants had a 20% reduced risk, while highly active participants had a 28% reduced risk.
The results remained the same even after taking into account age, gender and the incidence of stroke and other comorbidities.
Medical news today spoke to Dr. Boyoung Joung, professor of internal medicine at Yonsei University College of Medicine in Seoul, Republic of Korea, and the corresponding author of the study. Said that “[i]In our study, we would like to emphasize that even light intensity physical activity, as opposed to total sedentary behavior, could lead to a reduction in the risk of dementia ”.
“Therefore, seniors who cannot perform activities beyond moderate intensity physical activity, due to […] frailty or comorbidities, could benefit from low intensity physical activity “.
“There are some reports that light intensity physical activity is associated with metabolism and this vascular, cellular and metabolic change due to light intensity physical activity could be helpful in reducing the risk of dementia.”
– Dr. Boyoung
The professor. Paul M. Matthews, Director of the UK Center for Dementia Research at Imperial College London in the UK, explained to MNT that “[t]his is a well-conducted retrospective epidemiological study. The results are consistent with previous similar studies in other populations and with the conclusions of the prospective and randomized FINGER study ”.
“However, as an observational study, it can only be used to suggest that light physical activity can reduce the risk of dementia. [T]the findings cannot be interpreted directly as evidence that starting light physical activity will reduce the risk of dementia, ”warned Prof. Matthews, who was not involved in the study.
MNT he also spoke with prof. John Gallacher, director of Dementias Platform UK, at the University of Oxford in the UK, who was not involved in the study. He agreed with prof. Matthews, explaining that the findings were significant, but the question of causation was crucial.
“The idea that physical activity reduces the risk of dementia is entirely plausible, and these findings add to a growing body of evidence to support this idea. The problem is reverse causation – that people with dementia exercise. Less”.
– Prof. John Gallacher
“This study goes some way to address this problem by examining incident events and eliminating subjects with incident dementia in the first 2 years of follow-up. The dose-response curves are impressive, “he continued.
Prof. Gallacher stated that “[p]possible mechanisms [for the association] they include better vascular health and better immunological function. These mechanisms are likely to be interconnected and not independent of each other. “
The professor. Matthews also believed that some variables that the researchers did not take into account could explain the results. However, biological mechanisms were also possible.
“Among other factors, the study could not control the differences in relative frailty, social integration and family background. A trivial explanation for the results is that these kinds of uncontrolled variables accounted for the differences. “
“Alternatively, there is biological evidence that physical activity could increase levels of factors that protect neurons, improve metabolism to reduce rates of ‘senescence’ – cellular aging – and brain plasticity,” said Prof. Matthews.
Talking with MNT, Prof. Tara Spiers-Jones – Personal Chair of Neurodegeneration and Deputy Director of the Center for Discovery Brain Sciences at the University of Edinburgh, UK – said: “[t]the study of modifiable risk factors for dementia is very important since the best estimates suggest that over a third of cases of dementia can be prevented by modifying the lifestyle ”.
“This study by Yoon and colleagues observes an association between exercise and reduced risk of dementia. Although this type of study cannot prove that exercise is the cause of the reduced risk, the data is solid and comes from a large number of people, ”said Prof. Spiers-Jones, who was not involved in the study.
“This study is important because it suggests that even light exercise can reduce the risk of dementia. This work could be developed by making formal tests of the preventive power of the exercise, some of which are currently underway around the world ”.
Continuing, Prof. Spiers-Jones said MNT that “This study shows that exercise has been associated with the prevention of Alzheimer’s disease more than vascular dementia, which is consistent with previous data. We don’t know why this is the case, but it is possible that other risk factors such as ‘hypertension and diabetes are more influential in vascular disease risk than exercise.’
Dr Boyoung agreed, noting that “[o]Other modifiable risk factors, such as hypertension and diabetes, could play an important role in vascular dementia. That’s why physical activity was more protective against Alzheimer’s disease than against vascular dementia. “
Prof. Gallacher explained that “[t]the absence of effect for vascular dementia is inconsistent with the mechanisms described above. However, the analysis, in checking for variables related to vascular disease – blood pressure, body mass index, etc. – could have corrected effects on vascular dementia. A more detailed analysis would demonstrate this. “
For prof. Matthews, “[t]he genetic basis for [Alzheimer’s disease and vascular dementia] it is distinct and the extent to which genes alone determine them differs. This suggests that modifying specific risk factors should have different effects on the two clinical outcomes ”.
Dr. Boyoung said further research with a longer follow-up analysis and a more detailed overview of participants’ exercise levels would be valuable.
“Since dementia has a long subclinical period, further studies with a relatively longer follow-up duration are needed. Also, as physical activity patterns may change during [the] follow-up period, studies considering this change in physical activity are warranted, ”said Dr Boyoung.
The professor. Gallacher also noted some ways the researchers could develop the study.
“Since dementia has a presymptomatic stage of 10-15 years, the study could be improved by eliminating subjects with incident dementia in the first 5 years of follow-up, but I suspect the study is too small for that.”
“So a larger study is needed. Furthermore, the replies to the questionnaire are subject to errors. A study that uses actigraphy to objectively evaluate physical activity would be an important next step “.
“All these arguments aside, the balance of risk is that exercise is good and a little goes a long way!” concluded prof. Gallacher. The professor. Spiers-Jones agreed: | https://www.archynetys.com/light-exercise-associated-with-lower-risk/ |
Your relationship status might be linked with your dementia risk, according to a new review in the Journal of Neurology Neurosurgery & Psychiatry.
Research
Combining data from at least 15 studies, that looked at more than 812,000 people from around the world, researchers in the U.K. compared people who were widowed, divorced or never married, with people who were married.
Results
The research showed that, compared with married people, widowed people had at least 20% higher risk of developing dementia, and those who were never married had a 42% increased risk, after adjusting for sex- and age-related risk factors.
According to research, being married likely reduces the risk of developing dementia in various ways. Marriage may lead to a different level of interpersonal interaction on a daily basis and social engagement, which may improve a person’s “cognitive reserve.”
What is Cognitive Reserve?
“Cognitive reserve is an individual’s resilience against the damage that is caused to their brain by dementia,” according to the lead study author Andrew Sommerlad, who is a geriatric psychiatrist and Wellcome Trust Research fellow. What this means it that their brain contains strategies that allow them to withstand the damage, without showing symptoms of dementia.”
Also past research showed that being married tends to result in healthier decision-making, such as healthier eating and increasing exercise, while drinking less alcohol and smoking less, all of which are believed to help in reducing the risk of dementia.
For the higher risk of dementia in widowed individuals as compared to divorced individuals, the researchers hypothesize that this may be because of the fact that bereavement brings greater stress, as compared to divorce. This stress may take a much harder toll on cognitive areas and memory-forming of the brain.
Conclusion:
However, the authors said, that preventing dementia is much more complicated than simply walking down the aisle. This study shows an association between dementia risk and marriage. But, understanding how certain specific factors that are related to marital status can affect dementia risk, remains largely unknown.
Further complicating the question, developing dementia could be linked with personality or cognitive traits that make a person less likely to get married. “It may be that their dementia risk plays a part in whether they find a partner many years earlier,” according to the lead author.
More research is also needed to have a better understanding regarding what the widowed and unwed persons can do to reduce their risk of dementia.
“In a society where the isolation of older persons are becoming more common, actions might need to be taken, in order to connect older people back together, to reduce social isolation,” according to the lead author Sommerlad.
Read More:
1. Study Links Diet Drinks to Increased Risk of Dementia and Stroke
2. 6 Foods That Can Fight Dementia
3. Coca Cola is Now Adding Fiber to Coke, But Is It Healthier? | https://www.1mhealthtips.com/study-says-marriage-may-reduce-dementia-risk/ |
New research in the United States has found that staying active in old age, whether exercising or just doing housework, could help maintain memory and thinking skills, even in those with signs of dementia.
Performed by researchers at Rush University Medical Center, the new study looked at 454 seniors, 191 of whom had dementia and 263 had none.
Participants received physical examinations and were asked to perform reasoning and memory tests every year for 20 years. In addition, an average of two years before death, participants were also asked to use an accelerometer to measure their physical activity for a period of seven days.
Using the data collected, the researchers were able to calculate an average daily activity score that was measured in counts per day. The overall mean was 160,000 counts per day, although people without dementia had an average of 180,000 counts per day, while people with dementia averaged 130,000 counts per day.
As all participants also agreed to donate their brains to research on their deaths, with the average age of 91, the researchers could also examine donated brain tissue to look for lesions and biomarkers of dementia and Alzheimer's disease.
The results, published in the journal Neurology, showed that higher levels of daily movement were linked to better thinking and memory skills, with a small increase in activity appearing to reduce the risk of dementia.
Those who had better motor skills, which aid in movement and coordination, also had better thinking and memory skills.
Physical activity also appeared to improve test results even after investigators took into account the severity of the brain injuries of the participants, with the team discovering that the relationship was consistent both in people with dementia and in people who did not have dementia.
"We measured the levels of physical activity in the study participants on average two years before their deaths and then examined the donated brain tissue after death and found that a more active lifestyle can have a protective effect on the brain, "said Dr. Aron S. Buchman, lead author of the study. "People who moved more had better thinking and memory skills than those who were more sedentary and did not move much."
The team noted that although exercise can help protect the brain as we age, more research is needed to investigate this relationship.
"Exercise is an inexpensive way to improve health, and our study shows that it can have a protective effect on the brain," Buchman said. "But it's important to note that our study shows no cause and effect."
"It may also be possible that as people lose memory and thinking skills, they reduce their physical activity," he added. "More studies are needed to determine whether moving more is actually beneficial to the brain." JB
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Aspirin Found Not to Prolong Healthy Aging
For more than 100 years, aspirin has been used as a pain reliever. Since the 1970s, aspirin has also been used to prevent and manage heart disease. The American Heart Association recommends baby aspirin for “those at risk of heart attack (if told by their doctor) and for those who have survived a heart attack”.
The Food and Drug Administration (FDA), however, believes that aspirin should only be taken by patients who have heart disease or a history of heart attack or stroke. The FDA states that taking aspirin creates a risk of bleeding that outweighs the benefits of taking aspirin for people who do not have a history of heart attack or stroke.
Taking a low-dose aspirin daily does not prolong healthy living in older adults, according to findings from the ASPirin in Reducing Events in the Elderly (ASPREE) trial published online Sept. 16 in three papers in The New England Journal of Medicine.
The Aspirin in Reducing Events in the Elderly (ASPREE) trial sought to weigh the known aspirin therapy risk of bleeding in the gastrointestinal system or brain with overall cardiovascular benefits. The trial involved monitoring people in Australia and the U.S. who were at least 65 (most were at least 70) and in relatively good health with no heart disease at the beginning of the study.
The results of ASPREE, which were published in three articles in The New England Journal of Medicine in Sept. 2018, suggest that aspirin use:
- Didn’t result in lowered risk for heart disease in healthy older adults
- Didn’t prolong survival without major disabilities
- Led to higher death rates, primarily due to cancer
Additionally, ASCEND – a separate study published in Aug. 2018 – found that increased bleeding risks largely overshadowed the cardiovascular benefits of daily aspirin use in patients 40 and older with diabetes, which is a well-known risk factor for heart disease.
The large clinical trial, which began in 2010, aimed to determine the risks and benefits of daily low-dose aspirin in healthy older adults without previous cardiovascular events, dementia or physical disability, and who were free of medical conditions requiring aspirin use. The results showed that aspirin did not extend healthy independent living (life free of dementia or persistent physical disability). Risk of dying from a range of causes, including cancer and heart disease, varied and will require further analysis and additional follow-up of study participants.
“This work is a key milestone in the more than a decade-long engagement in this large-scale clinical trial in the United States and Australia,” said Dr. Raj C. Shah, an associate professor of family medicine with the Rush Alzheimer’s Disease Center in Chicago.
Shah served as principal investigator of the ASPREE trial at Rush University Medical Center, which was an enrollment site for the study through the patient-oriented research team of the Rush Alzheimer’s Disease Center. Shah also served on the governance of the entire study as a member of its International Steering Committee, and as co-U.S. investigator with Dr. Anne Murray, director of the Berman Center for Outcomes and Clinical Research at Hennepin Healthcare in Minneapolis, Minnesota.
“The results will have a significant impact on guidelines about aspirin use for prevention and in daily clinical conversations between clinicians and their older, healthy patients regarding whether aspirin should or should not be used for achieving disability-free longevity,” said Shah.
Rush helped recruit under-represented groups and reduce barriers to study participation
The international, randomized, double-blind, placebo-controlled trial enrolled 19,114 older people (16,703 in Australia and 2,411 in the United States). Study participants were enrolled at 70 years of age or older, with 65 as the minimum age of entry for African-American and Hispanic individuals in the United States because of their higher risk for dementia and cardiovascular disease. They were followed for an average of 4.7 years to determine outcomes.
Rush researchers provided key national input into the recruitment and retention strategies for participants who are under-represented in aging research, with a special focus on African-American and Hispanic older adults. The Rush team also developed and implemented innovative, in-home assessments to reduce the barriers for continued participation in a study that involved evaluations for up to seven years.
The team of scientists was led by Murray and John J. McNeil, MBBS, PhD, head of the Department of Epidemiology and Preventive Health at Monash University, Melbourne, Australia. The research was supported in part by the National Institute on Aging and the National Cancer Institute, both parts of the National Institutes of Health (U01AG029824). The Australian component of the study also received funding from the Australian National Health and Medical Research Council and Monash University. Aspirin and placebo were supplied by Bayer, which had no other involvement with the study.
“Clinical guidelines note the benefits of aspirin for preventing heart attacks and strokes in persons with vascular conditions such as coronary artery disease,” said NIA Director Dr. Richard J. Hodes. “The concern has been uncertainty about whether aspirin is beneficial for otherwise healthy older people without those conditions. This study shows why it is so important to conduct this type of research, so that we can gain a fuller picture of aspirin’s benefits and risks among healthy older persons.”
Taking aspirin did not affect onset of dementia or physical disability
In the total study population, treatment with 100 mg of low-dose aspirin per day did not affect survival free of dementia or disability. Among the people randomly assigned to take aspirin, 90.3 percent remained alive at the end of the treatment without persistent physical disability or dementia, compared with 90.5 percent of those taking a placebo. Rates of physical disability were similar, and rates of dementia were almost identical in both groups.
The group taking aspirin had an increased risk of death compared to the placebo group: 5.9 percent of participants taking aspirin and 5.2 percent taking placebo died during the study. This effect of aspirin has not been noted in previous studies, and caution is needed in interpreting this finding.
The higher death rate in the aspirin-treated group was due primarily to a higher rate of cancer deaths. A small increase in new cancer cases was reported in the group taking aspirin, but the difference could have been due to chance.
Aspirin was associated with greater risk of bleeding
The researchers also analyzed the ASPREE results to determine whether cardiovascular events took place. They found that the rates for major cardiovascular events — including coronary heart disease, nonfatal heart attacks, and fatal and nonfatal ischemic stroke — were similar in the aspirin and the placebo groups. In the aspirin group, 448 people experienced cardiovascular events, compared with 474 people in the comparably-sized placebo group.
Significant bleeding — a known risk of regular aspirin use — also was measured. The investigators noted that aspirin was associated with a significantly increased risk of bleeding, primarily in the gastrointestinal tract and brain. Clinically significant bleeding — hemorrhagic stroke, bleeding in the brain, gastrointestinal hemorrhages or hemorrhages at other sites that required transfusion or hospitalization — occurred in 361 people (3.8 percent) on aspirin and in 265 (2.7 percent) taking the placebo.
As would be expected in an older adult population, cancer was a common cause of death, and 50 percent of the people who died in the trial had some type of cancer. Heart disease and stroke accounted for 19 percent of the deaths, and major bleeding for 5 percent.
“The increase in cancer deaths in study participants in the aspirin group was surprising, given prior studies suggesting aspirin use improved cancer outcomes,” said Dr. Leslie Ford, associate director for clinical research, National Cancer Institute Division of Cancer Prevention. “Analysis of all the cancer-related data from the trial is under way and until we have additional data, these findings should be interpreted with caution.”
Findings do not apply to patients with cardiovascular conditions
“Continuing follow-up of the ASPREE participants is crucial, particularly since longer term effects on risks for outcomes such as cancer and dementia may differ from those during the study to date,” said Dr. Evan Hadley, director of NIA’s Division of Geriatrics and Clinical Gerontology. “These initial findings will help to clarify the role of aspirin in disease prevention for older adults, but much more needs to be learned. The ASPREE team is continuing to analyze the results of this study and has implemented plans for monitoring participants.”
As these efforts continue, Hadley emphasized that older adults should follow the advice from their own physicians about daily aspirin use. It is important to note that the new findings do not apply to people with a proven indication for aspirin such as stroke, heart attack or other cardiovascular disease. In addition, the study did not address aspirin’s effects in people younger than age 65. Also, since only 11 percent of participants had regularly taken low-dose aspirin prior to entering the study, the implications of ASPREE’s findings need further investigation to determine whether healthy older people who have been regularly using aspirin for disease prevention should continue or discontinue use. | https://drelaine.com/aspirin-found-not-to-prolong-healthy-aging/ |
A long-term study of 1,449 people in Finland found that those who had better scores on standard metrics of cardiovascular health in midlife, especially for behavioral factors such as smoking, had a lower risk of dementia later in life. Yajun Liang of Karolinska Institutet in Stockholm, Sweden, and colleagues present these findings in the open-access journal PLOS Medicine.
Previous research suggests that efforts to address modifiable risk factors, such as behaviors that impact heart health, could reduce the global number of people with dementia by up to one third. However, there is a lack of evidence on potential links between the risk of late-life dementia and scores on standard heart health metrics in midlife and late-life.
To gain further clarity on the late-life risk of dementia, Liang and colleagues analyzed data on 1,449 participants in the Finnish Cardiovascular Risk Factors, Aging and Dementia study, enrolled 1972¬-1987 and assessed in 1998, and 744 dementia-free survivors were followed further into late life (2005¬-2008). Participants' heart health was evaluated from midlife to late-life according to six factors classified as three behavioral (smoking status, physical activity, and body mass index) and three biological factors (fasting plasma glucose, total cholesterol, and blood pressure). Dementia was diagnosed in 61 persons in the first follow-up, and additional 47 persons in the second.
The researchers found that participants with intermediate or ideal cardiovascular health scores from midlife onwards, especially for behavioral factors, had a lower risk of dementia later in life than participants with poor scores.
The researchers found no significant overall association between heart health scores measured in late life and the risk of dementia. However, when looking specifically at biological factors, ideal scores in late life were actually associated with a greater risk of dementia. The authors note that this could be because some biological hallmarks of dementia might overlap with "ideal" scores on these factors, such as lower blood pressure and lower cholesterol. They also note that the major limitations of this study include the lack of data on diet and midlife plasma glucose and the high rate of attrition.
These findings suggest that maintaining lifelong cardiovascular health, particularly in the areas of smoking, exercise, and body mass index, could reduce dementia risk later in life. | https://provaeducation.com/news/better-heart-health-scores-in-midlife-linked-to-lower-risk-of-late-life-dementia/1761336/ |
Key Nutrients May Slow Cognitive Decline & Reduce Depression Risk
A recent review, carried out by researchers at Ulster University has found that B vitamins and folate may be as effective as omega 3s and polyphenols in slowing down age-related cognitive decline and reducing depression risk in the elderly.
An estimated 46.8 million people are living with dementia worldwide – and this figure is expected to double in the next 20 years. Depression is also a leading cause of disability. There is clearly an urgent need to identify practical dietary and lifestyle factors that could be easily targeted and have the potential to promote better brain health in ageing.
Researchers found that whilst evidence from randomised controlled trials is inconsistent on the whole, the evidence for folate and vitamin B12 is more robust and supports their potential use in the longer term management of age related cognitive decline and depression in the elderly.
“If the findings of studies described in this review, which show promise in relation to B vitamins, omega 3 polyunsaturated fatty acids and polyphenols, are confirmed, a public health strategy to improve status of these key nutrients may help to achieve better cognitive and mental health in ageing.”
The team of researchers identified that these inconsistencies may have arisen from uncertain methodology and study design and have called for further research to be carried out in this area.
“It is clear that further well-designed RCTs are needed, especially those targeting participants with low B vitamin status as they are likely to benefit the most from increasing B vitamin concentrations to achieve better cognitive health in ageing.”
Effective nutrition strategies that could reduce the risk of cognitive and mental disorders and improve quality of life in our ageing population are urgently needed. This review highlights the crucial role that B vitamins, folate, omega 3s and polyphenols have to play in significantly reducing the burden of declining cognitive function and improving quality of life right through into old age.
References:
Moore K, O’Shea M, Hughes, CF et al. Current evidence linking nutrition with brain health in ageing. Nutrition Bulletin. Published online ahead of print: DOI: 10.1111/nbu.12250
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According to the World Health Organization, 50 million people across the globe live with dementia.
An estimated 60% of these cases hail from low- and middle-income countries. Moreover, ten million new cases of dementia are diagnosed every year.
As per the National Institute on Ageing (NIA), dementia is an umbrella term used to refer to a set of symptoms, including impaired cognition, thinking, and memory.
Dementia may result due to a multitude of reasons. The most common form of dementia that accounts for approximately 60 to 80% of dementia cases worldwide is Alzheimer’s disease. Other common types of dementia include vascular dementia, Lewy body dementia, and dementia associated with Parkinson’s disease.
Cognitive decline takes a significant toll on a person’s ability to carry out everyday tasks with ease. These include walking, eating, getting dressed, and more. Dementia impairs a person’s thinking, decision-making, judgment, and memory. All of these factors impact a person’s overall quality of life.
Dementia is often associated with cognitive decline due to aging, illness, or injury. However, the most prominent risk factor associated with dementia is aging.
As per reports, by 2050, one-fifth of the world’s population will consist of older adults above the age of 60. The rates of dementia are expected to rise, with approximately 65.7 million people falling victim to it by 2030 and 115.4 million people by 2050.
The question has to be asked: what can be done to prevent or delay the onset of dementia and its associated symptoms?
Research suggests that certain lifestyle changes can reduce one’s risk of developing dementia. According to recent studies, adopting multiple healthy lifestyle modifications may help reduce cognitive decline in older adults.
The following is a list of 5 healthy habits for seniors that can help prevent dementia.
1. Regular Exercise
Regular physical exercise has been studied to reduce a person’s risk of developing dementia by approximately 50%. In fact, exercise has been proved to help individuals with reported cognitive issues by slowing down further neuronal degradation.
Senior citizens are advised to exercise at least five times a week for a minimum of 30 minutes. Studies reveal that a mix of aerobic physical activity and muscle strengthening can benefit cognitive function.
Aerobic physical activity (brisk walking, bicycling, or running) helps improve cardiovascular health by enhancing blood circulation. Vigorous physical activities may include running, jogging, or a high-intensity workout. Adults are also advised to participate in muscle-strengthening exercises at least twice a week as they increase muscle strength and endurance.
Other recommended exercises include balance and coordination exercises such as yoga, taichi, pilates, and more. A significant risk to consider with older adults is that of head injuries resulting from falls. Balance and coordination exercises help adults stay agile and avoid falls, thereby preventing them from head injuries.
2. Healthy Diet
As per the results of various research studies, a healthy and balanced diet can lower one’s risk of developing dementia and protect brain function. Proper nutrition can keep the body nourished and healthy as well as ease any dementia-related behavioral symptoms.
When it comes to following a healthy diet, there are specific vital points to follow:
Avoid sugar and saturated fat: Foods with high sugar content, refined carbohydrates, and fatty foods cause damage to more than one system. Not only do they contribute to weight gain, but they also increase one’s risk of developing other health problems such as heart disease and diabetes. Diabetes has been closely linked to Alzheimer’s disease. Therefore, it is critical to reduce sugar and saturated fat intake and opt for healthier options instead.
Follow a Mediterranean diet: A Mediterranean diet is one of the most recommended diets for older adults. High in whole grains, nuts, vegetables, legumes, olive oil, and foods high in omega-3 fats, while being low in sugar, red meat, and refined foods, a Mediterranean diet is excellent for brain health. Studies suggest that Docosahexaenoic acid (DHA) found in these healthy fats may help reduce one’s risk of developing Alzheimer’s disease and dementia. Food sources with high DHA include fish such as salmon, tuna, mackerel, and sardines.
Have some tea: According to a study published in the Journal of Nutrition, Health & Ageing, consuming black, green, or oolong tea regularly and frequently can help lower one’s risk of dementia. Researchers claim that tea’s benefits on the brain come from the bioactive compounds in tea, catechins, and theaflavins. These bioactive compounds contain anti-inflammatory, antioxidant, and brain-protecting properties that help boost brain health.
Incorporate supplements in your diet: Supplements are necessary to ensure proper nutrition and to boost brain health. The human body needs vitamins B3 and B6 to form neurotransmitters, making them essential for the brain and nervous system’s healthy functioning. Similarly, vitamin D is a potent anti-inflammatory and immune-boosting nutrient, helping slow dementia development and the onset of symptoms. Vitamin E helps prevent diseases such as Alzheimer’s disease.
3. Mental Stimulation
The body loses fitness and muscle mass if it is not subjected to physical activity. Similarly, the brain must also be subjected to constant activity, i.e., stimulation, to help it stay active and healthy.
Mental stimulation helps the brain stay alert and active, making it less vulnerable to lesions that can cause Alzheimer’s disease. It also helps slow brain deterioration in people experiencing Alzheimer’s related symptoms, such as cognitive impairment and memory loss.
The following are some ways in which the brain can be stimulated with the help of mental challenges.
Learn something new: Learning something new poses a challenge that helps the brain stay active. Picking up a new activity such as a foreign language, a musical instrument, a hobby, or a book helps facilitate the process. The more challenging the endeavor, the greater the benefit.
Engage in strategy games and puzzles: Riddles and brain teasers offer an excellent mental workout by training the brain to produce and retain cognitive associations. Activities like crossword puzzles, cards, board games, chess, Scrabble, and Sudoku are all great options to work with.
Break habits: Doing things differently by stepping away from convention helps the brain accustom itself to new situations. For instance, eating with the non-dominant hand, doing an everyday task differently, taking a new route home, or breaking an old habit helps the brain do things out of the norm and out of one’s comfort zone, thereby generating new brain pathways.
4. Stress Reduction
Continuous stress can take a severe toll on the brain, thereby increasing one’s risk of developing dementia significantly. Multiple research studies have interrelated anxiety with Alzheimer’s development, especially in at-risk individuals.
Reduce everyday stress by prioritizing time outs. Set aside time to relax by indulging in leisure activities such as reading, listening to music, walking, yoga, or knitting, perhaps. Intentionally setting time aside helps one look forward to a breather.
Meditation also helps relax the mind. Meditation has been studied to increase protective tissue in the brain and reduce cortisol levels in the body. Cortisol, also referred to as the stress hormone, has been proved to increase the risk of developing dementia.
Besides meditation and taking planned leisure breaks, interacting with others and laughing helps the mind stay calm. For older adults, experts suggest group activities such as joining a club, volunteering, etc. Take some time out to be active and engaged in different activities to help the brain stay active.
5. Good Sleep
One of the most commonly reported signs of dementia and Alzheimer’s patients is insomnia and sleep disturbances. In fact, insufficient and improper sleep is not just a symptom of the condition but also a risk factor that increases one’s risk of developing dementia.
Recent studies suggest that poor and interrupted sleep encourages the buildup of certain proteins in the brain, which contribute to Alzheimer’s disease and other memory issues. Good, uninterrupted sleep helps clear the brain’s protein burden, thereby reducing the risk of Alzheimer’s development.
Parting thoughts
Dementia is not a disease; it is a condition that can be effectively managed although not wholly curable. Adopting these 5 healthy habits can help prevent dementia or delay the onset and progression of symptoms in older adults. Make the shift to a healthier lifestyle and reap the multitude of benefits that come with it.
Author Bio:
Ashley Rosa is a freelance writer and blogger. As writing is her passion, that why she loves to write articles related to the latest trends in technology and sometimes on health-tech as well. She is crazy about chocolates. You can find her at twitter: @ashrosa2. | https://youmustgethealthy.com/healthy-habits-seniors-prevent-dementia/ |
Nestlé Institute of Health Sciences (NIHS) Head of Ageing and Cognitive Health, Gene Bowman, has played an instrumental role in establishing the first “Nutrition, Metabolism and Dementia” Professional Interest Area (PIA) at the Alzheimer’s Association’s International Society to Advance Alzheimer’s Research and Treatment (ISTAART).
The Alzheimer’s Association, based in Chicago, is the leading voluntary health organization in Alzheimer’s care, support and research. ISTAART is the Association’s professional society for individuals interested in Alzheimer’s and dementia science. Within ISTAART, the PIAs are groups of ISTAART members with common subspecialties or interests. They promote collaboration and allow members to share their latest discoveries and techniques.
There are many promising research findings on the link between nutrition and dementia, yet more research is needed to further understand this link. The field is extremely complex, making it hard to draw firm, evidence-based conclusions. There is real public health demand for reliable information on dietary practices that reduce the risk of Alzheimer’s dementia. However, this field is fragmented and resources are inadequate to fully provide the evidence base needed to make sound public health recommendations using nutritional approaches. | https://www.3blmedia.com/News/NIHS-Scientist-Helps-Establish-Alzheimers-Research-Hub-Investigate-Links-Between-Nutrition-And |
Objectives. The aim of this study is to review a potential role of antihypertensive drugs acting via the renin-angiotensin-aldosterone system (RAA) in theprevention and treatment of Alzheimer 's disease (AD).
Views. AD and vascular dementia (VD) are the most common causes of dementia. Recent research suggests a possible relationship between vascular and neurodegenerative diseases. Therefore, long-term arterial hypertension may contribute not only to vascular dementia, but also to the development of AD. Numerous epidemiological studies have reported that high mid-life blood pressure may increase the risk of developing AD in later life. A ąuestion arises whether the use of antihypertensive drugs could reduce the incidence of dementia and improve cognitive functions in AD patients. A potential role of antihypertensive drugs acting via the renin-angiotensin-aldosterone (RAA) system in theprevention of neurodegenerative disorders has been widely studied in recentyears. Earlier research findings indicate that the brain has its own independent RAA system that mediates some cognitive functions, such as memory and learning. It is also well known that angiotensin-converting enzyme inhibitors and angiotensin receptor antagonists (ARA) reduce cardiovascular morbidity and mortality rates, irrespective of their blood pressure-lowering effect.
Conclusions. Although hypertension and cerebrovascular damage are significant factors in cognitive impairment and AD progression, the RAA involvement the pathophysiology ofAD and the potential role of drugs acting via the RAA system in the prevention and treatment of AD remain unclear. More controlled randomized prospective trials with well-defined endpoints are needed to determine the role of the RAA system and RAA-modifying antihypertensive treatment in the pathogenesis of AD. | https://www.ppn.ipin.edu.pl/en/archives/2009-issue-2/controversies-on-bloodpressure-control-and-the-use-of-drugs-acting-via-the-cerebral-renin-angiotensin-aldosterone-system-in-alzheimerxs-disease.html |
Just 2% of people in Britain can identify all the health & lifestyle factors that can increase risk of developing dementia. 28% of the British public is unable to correctly identify any potentially modifiable risk factor for developing dementia, according to new findings from the British Social Attitudes survey, which was commissioned by Public Health England (PHE).
There is growing evidence that a third of dementia cases could be a result of factors potentially in our control, and actions like taking regular exercise and not smoking can reduce your risk of developing it. This means there is huge potential for prevention. Dementia is not an inevitable part of ageing.
Keep your brain active too – research suggests people who do activities that stimulate the brain, like reading or puzzles, are less likely to develop dementia, compared with those who don’t.
|Researched Links:|
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DH: Public unaware of the factors that increase the risk of dementia
There's only one you – reduce your risk of dementia - Dementia UK
Ageing may be inevitable, BUT Dementia isn’t
An ‘illness’ that impacts on the whole family
Would you want your mother/father treated like this? | https://www.wired-gov.net/wg/content.nsf/article/Prevention+is+partially+down+to+our+own+behaviour+31102016?opendocument |
Half of adults across the UK are unable to identify key risk factors which can lead to dementia, according to a new study.
Only 1% of an Alzheimer’s Research UK survey of 2,361 people were able to identify the six known risk factors for dementia: diabetes, heavy drinking, genetics, smoking, high blood pressure and depression.
According to the organisation, a third of dementia cases are thought to be influenced by these key risk factors.
Diabetes is associated with an increased risk of Alzheimer’s, the most common form of dementia, but getting regular exercise, keeping blood glucose levels under control and eating a healthy diet can reduce this risk.
While a third of dementia cases are believed to be influenced by factors within our control, only 34% of those surveyed believed it was possible to reduce dementia risk. In comparison, 77% believed this was possible for heart disease, and 81% for diabetes.
Hilary Evans, Chief Executive of Alzheimer’s Research UK, said: “It is a sad truth that more people are affected by dementia than ever before and half of us now know someone with the condition. Yet despite growing dementia awareness, we must work harder to improve understanding of the diseases that cause it.
“Making breakthroughs in public understanding has the potential to empower more people to take steps to maintain their own brain health, to seek a diagnosis and to support research that has the power to transform lives.”
In April last year, Australian researchers identified a specific part of the brain, involved in learning and memory, tended to be smaller among those in people with type 2 diabetes. They emphasised the importance of good blood glucose control to improve brain health. | https://www.winway.me/diabetes/lack-of-awareness-over-dementia-risk-factors-survey-reveals/ |
Lipids, or fats, are essential nutrients in the diet, along with proteins and carbohydrates. Ingested lipids serve as a calorie-rich source of energy for the body. Because lipids prove characteristically insoluble in water, a multistep process occurs to enable absorption of ingested fats. The small intestine, pancreas, liver and gallbladder interact to accomplish the digestion and absorption of dietary lipids.
Emulsification
Dietary lipids pass from the stomach to the small intestine in a mud-like mixture of food particles and stomach acid known as chyme. The presence of chyme triggers the release of bile from the gallbladder into the small intestine. Bile reacts with fat globules in chyme, breaking them into tiny bile-containing fat droplets, explains the National Institute of Diabetes and Digestive and Kidney Diseases. This process, known as emulsification, prepares the ingested lipids for the next step in the digestive and absorptive process.
Enzymatic Breakdown
The presence of chyme in the small intestine stimulates the release of pancreatic digestive fluids and enzymes, including the fat-digesting enzyme lipase. Lipase reacts with the emulsified fat droplets, breaking down the complex dietary fats into smaller lipid particles known as fatty acids and monoglycerides, notes biologist David Sadava, Ph.D., coauthor of "Life: The Science of Biology." Thus, lipase converts dietary lipids into smaller, absorbable fat particles.
Intestinal Absorption
Fatty acids and monoglycerides pass through the outer membrane into the intestinal lining cells. The smallest fatty acids pass through the intestinal cells into the bloodstream and travel with a carrier protein to the liver for further processing.
Monoglycerides, large fatty acids and cholesterol undergo processing within the intestinal lining cells. The cells reconstruct the absorbed monoglycerides and large fatty acids into lipid molecules called triglycerides, explains biochemist Stephen Chaney, Ph.D., of the University of North Carolina School of Medicine. The cholesterol and triglycerides attach to protein carriers, forming chemicals known as chylomicrons. The protein carriers transform the water-insoluble lipids into a water-soluble form, enabling export from the intestinal cells.
Lymphatic Absorption
The intestinal cells extrude the chylomicrons formed from absorbed dietary fat into a liquid transport network known as the lymphatic system. The lymphatic system transports the absorbed chylomicrons to the bloodstream, notes "Life: The Science of Biology." The liver and other body tissues process chylomicrons for storage or immediate utilization.
Impaired Lipid Absorption
Diseases that adversely affect the production and release of bile and pancreatic digestive fluids can lead to impaired absorption of dietary lipids. A variety of inherited, autoimmune, infectious and toxic conditions of the liver can cause decreased bile production. Similarly, disease processes that adversely affect the pancreas may lead to diminished production of digestive enzymes and fluids, notes "Harrison’s Principles of Internal Medicine."
Patients with impaired lipid absorption pass large amounts of undigested fat in the stool, a condition known as steatorrhea. Weight loss and malnutrition prove common among patients with impaired lipid absorption. | https://healthfully.com/271457-how-are-lipids-absorbed.html |
Figure 19. Triglyceride digestion.
fatty acids, and glycerides emulsify fat, thus facilitating its digestion by lipase.
In the small intestine, half of the ingested triglycerides are hydrolyzed by lipase to form free fatty acids and glycerols. The rest are changed to monoglycerides and a small amount of diglycerides. The monoglycerides are absorbed into the intestinal mucosa, where they are further hydrolyzed to glycerols and free fatty acids.
Free fatty acids in the intestine are absorbed in two ways. Fatty acids with less than 10-12 carbon atoms pass directly from the intestinal lumen, through mucosal cells, into the portal vein, and to the liver. Here some are released into circulation as free fatty acids, some are converted to triglycerides for deposition, and some are circulated in the blood as glycerides or as fatty acids that reside within the complex of lipoproteins. Fatty acids with more than 10-21 carbon atoms are absorbed into the mucosal cells, where they are regrouped with glycerols to form triglycerides. The triglycerides attach themselves to very low density lipoproteins to form chylomicrons, which enter the systemic circulation via the lymph and thoracic duct. Chylomicrons are fat globules 1 /¿m in diameter and visible under the microscope.
Other fatty substances are absorbed to varying degrees. For example, animal sterols are absorbed easier than plant sterols. Pancreatic secretion, fatty acids, and bile salts, which together emulsify and esterify cholesterol, are necessary for cholesterol absorption of cholesterol. It is currently believed that cholesterol is absorbed mainly in the ileum. Like the triglycerides, absorbed cholesterol is incorporated into the chylomicrons, which reach the systemic circulation.
Within two to three hours after the ingestion of food containing short-chain fatty acids, the blood level of chylomicrons remains unchanged, although it may rise sharply if the meal contains long-chain fatty acids. Normally, after a mixed meal, the plasma develops a milky appearance because of the presence of chylomicrons in the blood. This is sometimes known as lipemia. In the presence of the enzyme lipoprotein lipas, these plasma chylomicrons are cleared and their contents diverted to the liver and adipose tissue.
Blood plasma, therefore, contains fat in the following forms: fatty acids, glycerol, glycerides, cholesterol, choles terol esters, and phospholipids. These forms are bound to the albumin, a-globulin, and /?-globulin fractions of the plasma proteins. The resulting lipid-protein complexes have varying densities. The highest densities occur in those with the most protein and least lipid; the lowest densities occur in those with the least protein and most lipid. Consequently, the complexes are classified into high-density, low-density, and very low density lipoproteins. In general, very low density lipoproteins carry mainly triglycerides; low-density lipoproteins carry mainly cholesterol; and a-lipoproteins carry phospholipids, albumin, and free fatty acids. For a normal person, about 95% of ingested fat is absorbed, mainly in the duodenum and jejunum, with some absorption by the ileum. About 5% of fecal waste is fat, which comes from the diet, cell debris, and bacterial synthesis.
Although most of the fats are emptied into the lymphatic system after absorption and eventually reach the systemic circulation, the bile salts separate from the fats and travel through the portal vein into the liver. There they are reincorporated into the bile. Bile salts are thus cycled through the enterohepatic circulation (the liver, gallbladder, intestinal lumen, portal vein, and back to the liver). About 80-90% of bile salts in the intestinal lumen are reabsorbed in this way; the rest are lost in the stool.
The adult body distributes fats to two main locations: the membranes and other structural parts of cells (commonly called structural fats) and the fat cells (neutral fats), which are mainly white. Infants have some brown fat cells, which can regulate body temperature by producing heat to support the baby's higher metabolic rate. Neutral body fat contains mainly triglycerides, plus small amounts of diglycerides and monoglycerides, which are important metabolic intermediates. Consequently, triglycerides are the main form of stored energy.
Fat Degradation. Stored fat is degraded as needed to provide energy. Fat degradation occurs in two major stages: hydrolysis of glycerides and oxidation of fatty acids. In the adipose tissues, glycerides are hydrolyzed by a lipase to form fatty acids and glycerols. Both of these are released into the circulation for transport to the liver, where further hydrolysis may occur. When triglycerides are hydrolyzed, the released glycerols can be converted to phosphoglyceraldehyde in the liver (Fig. 6 and 20). This compound can in turn be converted to either carbon dioxide and water or glucose.
The process of oxidizing the fatty acids to carbon dioxide, water, and energy is called /^-oxidation, or alternate oxidation. It occurs mainly in the mitochondria of liver cells. The carbon chain is broken down by the successive removal of two-carbon fragments from the carboxyl end to form acetic acids. These can combine with CoA to form acetyl-CoA, which can enter the citric acid cycle to be oxidized (Figs. 8, 17, and 20). When the fatty acids are reduced to acetyl-CoA, hydrogen atoms are also released, which can be passed on to the respiratory chain. When fatty acids are completely oxidized, they generate more ATP than the molecular equivalent of carbohydrate because less oxygen is present. This explains why fat has a higher caloric value. However, unsaturated fatty acids generate less energy than the molecular equivalent of saturated fatty acids because less hydrogen is present in the former.
Most of the naturally occurring fatty acids are even numbered, and thus their oxidation always produces acetyl-CoA at the end. However, if the fatty acids happen to be odd chained, propionyl-CoA is formed instead.
Propionyl-CoA can also enter the citric acid cycle if the coenzyme with vitamin B12 is available.
Fat Synthesis. Fat synthesis takes place in two major stages: the formation of fatty acids and the formation of triglycerides. Fatty acids synthesis is achieved in two places: the mitochondria and the cytoplasm. Within the mitochondria, ^-oxidation is reversed and two-carbon units are added until the appropriate fatty acids are formed. Outside the micochondria, in the cytoplasm, another form of fatty acid synthesis occurs. Here the starting compound is acetyl-CoA which serves as the end of the fatty acid molecule. The remaining carbons are incorporated as two-carbon units derived from the malonyl group. The incorporation is accompanied by simultaneous recarboxylation. The fatty acids formed are mainly 12-14 carbons long and rarely more than 16. The body can synthesize unsaturated fatty acids from the saturated ones by removing hydrogen, although it is unable to synthesize the essential ones.
In the adipose tissues, fatty acids combine with glycerol to form triglycerides, or neutral fats. This reaction occurs in the mitochondria. Figure 20 summarizes the information on fat synthesis.
As indicated earlier, glycerol can be converted to glucose (gluconeogenesis). However, acetyl-CoA cannot be converted to pyruvic acid (Fig. 10). Although keto acids can enter the citric acid cycle, there is very little net conversion
Triglycerides
Triglycerides
Fatty acids, glycerols
Fatty acids, glycerols
Liver
Triglycerides — Fat
Glucose
Glycerols— Phosphoglyceraldehyde
Fatty acids
Keto acids
Acetyl-CoA
Ketone bodies
Citric acid cycle
Muscle Fat
Citric acid cycle
I Triglycerides Acetyl-CoA
Ketone bodies
Fatty acids, giycerots
Ketone bodies
Fatty acids, glycerols
Blood
Figure 20. An overview of fat metabolism.
of fat to carbohydrate in the body, with the exception of the small amount of phosphogyceraldehyde formed from glycerol.
Ketone Bodies. During the normal process of ^-oxidation of fatty acids, the liver has the appropriate enzyme to remove the CoA from acetoacetyl-CoA to form acetoacetic acid. Acetones and /i-hydroxybutyric acids can be formed from acetoacetic acids. The last three compounds are collectively called ketone bodies. The small amount of ketone bodies normally made by the liver is transported by the circulation to the muscle for conversion to acetyl-CoA, which is put through the citric acid cycle (Fig. 20). Acetone is eliminated via urination and respiration. Because under normal circumstances the ketone bodies are metabolized as soon as they are formed, a person rarely excretes more than 1 mg of ketone each day, and blood levels are usually less than 1 mg/100 mL.
However, the ketones can accumulate under certain conditions, and the resulting clinical condition is known as ketosis. The main cause of ketosis is the accumulation of acetyl-CoA because the citric acid cycle in the liver is not operating at its normal or optimal efficiency. The most common cause is a sequence of events called intracellular carbohydrate starvation. First, decreased supply of glucose leads to a reduction in pyruvic acid, acetyl-CoA, and cellular energy supply. Second, for compensation, fatty acid oxidation is increased to provide energy with an accumulation of acetyl-CoA. Third, the oversupply of acetyl-CoA leads to the formation of ketone bodies.
Glucose supply to cells is reduced in people with diabetes mellitus and people who undergo dietary alterations
I ngested nucleic acids
Products of digestion
Figure 21. Digestion of nucleic acids.
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*The class of nutrients known as lipids includes...
triglycerides (fats and oils), phospholipids, and sterols (cholesterol)
sat. is a single bond, and unsat. is a double bond
Fatty acids
are organic compounds composed of a carbon chain with hydrogen attached
H-C...head of chain is a methyl
C-O-H...tail of chain is an acid
Carbon in fatty acids
Most contain even numbers of carbon in their chains, which can be up to 24 carbons in length
Carbon lengths of 12-24 are called
long chain fatty acids and are common in meats, fish, and vegetable oils
18 carbon lengths
are the most abundant in our food supply
Chain lengths
medium chains(6-10 carbons) and short chains (<6 carbons) occur in small amounts in foods such as dairy products
Saturated fatty acid
all carbon atoms make four bonds with neighboring atoms, therefore there are only single bonds
-solid at room temp.
-rich in beef, meat, butter, dairy, palm oil, coconut oil
Monounsaturated fatty acid
has one double bond
-generally liquid at room temp.
-rich in canola oil, olive oil, nuts, and peanuts
Polyunsaturated fatty acid
has two or more double bonds
-more liquid at room temp.
*18:2 w6 (18 carbons, 2 double bonds, first double bond after 6th C from methyl end)
-rich in sunflower, safflower, corn, soybean oils, nuts, and animal fats
Double Bonds
The presence or absence of them and the location creates different physical and functional characteristics.
Triglyceride
Is composed of a 3-carbon glycerol backbone with three fatty acids extending out from each of the carbons of glycerol.
Linolenic and linoleic acid
Are both essential fatty acids
-Linolenic acid, an omega-3 fatty acid 18:3 w3
*flaxseed (rich source), canola and walnut oil
-Linoleic acid, an omega-6 fatty acid 18:2 w6
*sunflower, safflower, corn, and soybeans
Essential fatty acids
Cannot be made by the body
* linoleic acid and the omega-6 family (polyunsaturated)
-can make arachidonic acid, which is a conditionally essential fatty acid 20:4 w6
-supplied primarily by vegetable oils
Linolenic acid and the omega-3 family (polyunsaturated)
*must be supplied by food
*can make EPA (eicosapentaenoic acid 20:5 w3) and DHA (docosaheaenoic acid 22:6 w3) important for eyes, brains, and heart
*deficiency associated with depression, growth, retardation, reproductive failure, and neurological problems
EPA and DHA
Are two long-chain omega-3 fatty acids that can be synthesized in the body's cells from linolenic acid
-rich sources of preformed EPA and DHA in food: fatty fish(i.e. salmon), eggs from chickens fed omega-3 fatty acids
Eicosanoids (Ex. Prostaglandins)
*Made from long chain omega-3 and omega-6 fatty acids
*"hormone-like" activity, but can have a different effect on different cells
*can produce fever, inflammation, and pain as part of the immune response to injury or infection(omega-6), or relaxation, and dilation
*EPA eicosanoids(omega-3) decrease BP, prevent clot formation, protect against irregular heart beats, and reduce inflammation
*NSAID's (Aspirin, Ibuprofen) inhibit formation of prostaglandins
*basis for healthfulness of omega-3 fatty acids
Hydrogenation
Stabilizes polyunsaturated fats by adding hydrogen, thus converting them to saturated fatty acids(more resistant to oxidation)
Partial Hydrogenation
Produces C=C double bonds where the position of hydrogen atoms shifts from being on the same side(cis) to opp. sides(trans)
*rich in: solid vegetable oil products, snack foods, low amount in beef/animals
Diets rich in trans fatty acids or saturated fats
Are a strong risk factor for heart disease
*these food categories still average more than 1.5 grams of trans fats per serving
Comparison of Unsaturated and Saturated Fats
-Unsaturated
*liquid at room temperature polyunsaturated fats spoil quickly
-Saturated
*solid at room temperature, more resistant to oxidation, alters texture, flaky crusts
-How to protect from oxidation
1. seal from oxygen
2. add antioxidants
3. hydrogenate
Phosolipids
Contain glycerol, two fatty acids, and a phosphate group with a molecule of chlorine and are used as emulsifiers in the food industry
Are partially hydrophobic(non-polar or water-insoluble) and partially hydrophilic(polar or water-soluble)
Sterols
Are the starting material for some hormones, and make up the structural component of cell membranes
-starting material for bile acids, sex hormones, adrenal hormones, and vitamin D
-structural component of cell membranes
Liver
produces 800-1500 mg cholesterol per day(endogenous)
*we eat about 300+ mg/day
-1 egg=200mg
Adding plant sterol to foods
Equals functional foods
-plant sterols are structurally similar to cholesterol, they interfere with cholesterol absorption-lowered blood cholesterol levels
White vs. Brown Fat
-White fat
*stores energy in the form of fat for other cells to utilize
*long-term storage form of energy
-Brown fat
*releases stored energy as heat(uncoupling proteins)
*protects infants who cannot shiver from cold, but depot decreases with age
*large number of mitochondria makes them appear brown
*white adipocytes can transform to brite cells in certain biological environments
-i.e physical activity
Brown fat and obesity
1. Brown fat(and brite cells) may increase energy utilization, thus assist with weight loss
2. Uncoupling proteins found in brown fat and brite cells(due to increased mitochondria) generate heat without generating ATP(like white adipose tissue), thus are "energy wasting"
3. Since exercise increases brite cells, this explains another mechanism to facilitate weight loss
Mouth
Some hard fats begin to melt and salivary glands release lingual lipase
Stomach
Churning action mixes fat with water and acid lingual lipase(acid stable) begins to initiate fat digestion. Not appreciable at this point. Gastric lipase present a small role.
Small Intestine
CCK signals gallbladder to secrete bile. Bile flows in from gallbladder to emulsify fat. Pancreatic lipase flows in from the pancreas and intestinal lipase is present resulting in monoglycerides, glycerol, and fatty acids that can be absorbed. Sterols are absorbed as is. Phospholipids are hydrolyzed.
Large Intestine
Some fat and cholesterol is trapped in fiber, exits the body in the feces.
Triglycerides
Are hydrolyzed into monoglycerides and two fatty acids or a glycerol and 3 fatty acids by pancreatic lipases.
Enterohepatic Circulation
*is a continuing cycle
1. In the gallbladder, bile is stored
2. In the small intestine, bile emulsifies fats
3. In the colon, bile that has been trapped by soluble fibers is lost in feces
OR
4. Bile reabsorbed into the blood
5. In the liver, bile is made from cholesterol
In the inside of the SI
Glycerol, short chain fatty acids, micelles, and chylomicrons
Lipid Transport
Is made possible by a group of vehicles known as lipoproteins. Chylomicrons are the largest of the lipoproteins.
DASH diet
dietary approaches to stop hypertension
Mediterranean diet
whole food, red wine, olive oil, social interactions while eating
Chylomicrons
travel from inside the intestinal cell into the lymphatic system and enter into the blood system near the heart
Liver repackages
lipids into two other types of lipoproteins for distribution in the body: VLDL and HDL
-chylomicrons( high in TG) small intestinal cells-bring TG into body's cells
-VLDL(50% TG)-liver,endogenous TG-bring TG into body's cells
-LDL(high in cholesterol)-from VLDL fragments-bring cholesterol to body's cells-if high, increase risk for heart disease
-HDL(high in protein and cholesterol)-liver and SI- bring cholesterol back to the liver(possible excretion)-if high, decreases risk for heart disease
Normal blood levels of lipids
Total cholesterol
-less than 200 mg/dL desirable 200-239 mg/dL borderline high 240 and above high
Elevated total blood cholesterol
is a risk factor for cardiovascular disease
Atherosclerosis
develops when plaque builds on artery walls and leads to inflammation
Advanced atherosclerosis
-buildup with clots and platelets
-blockage can lead to tissue death
When plaque breaks lose the result is
Thrombosis
-blood clot sticks to artery-grows large enough to close off blood vessel. Leads to heart attack or myocardial infarction
Embolism
-blood clot breaks free lodges in a small artery-shuts off blood flow to tissues
Dietary facts
AMDR:20-35% of total kcals from fat
30% of total kcals from fat is a good goal
-7-10% sat. fats
-10-15% MUFA's
-10% PUFA's
Limit trans fatty acids to less than 1% of total kcals
Fat quality is more important in many cases than fat quantity
Recommended intakes of fat
-USDA Food Guide considers saturated fats empty calories
-too little fat can be detrimental to health
-an association found between very low fat diets and inability to conceive
Healthful Fatty Acids
Monounsaturated fatty acids(MUFA)
-avocado,oils,nuts,olives,peanut butter,seeds
Omega-6 fatty acids
-margarins,oils,nuts,mayonnaise,salad dressing,seeds
Harmful Fatty Acids
Trans Fatty Acids
-fried foods,margarine,nondairy creamers,many fast foods, shortening,commercial baked goods,many snackfoods
Saturated Fatty Acids
-bacon,butter,chocolate,coconut,cream cheese,cream,half and half,lard,meat,milk and milk products,oils,shortening,sour cream
Dietary Fat has an association with risks for some types of cancer
But it is not as strong as the link to heart disease
Fat does not initiate cancer development but may be a promoter once cancer had developed
Some types of cancer have a stronger relationship to fat intake. Saturated fat from meat is implicated.
Dietary patterns associated with lowered risk of cardiovascular disease
1. DASH diet
2.Mediterranean diet
3.Vegetarian diet
Replacing saturated and trans fat with
monounsaturated fat and polyunsaturated fat is one of the most effective dietary strategies in preventing heart disease
-polyunsaturated fat include veggie oils, nuts, and seeds
Balance Omega-6 and Omega-3 intakes
by eating more fish and less meat
-include 2. 3oz portions per week of fish
-functional foods are being developed
-supplements are not the answers
-fried fish does not count
-grass fed beef-high levels of w-3, but basically very low in saturated fats and total fats
Not all saturated fats are created equal
sat fats are a class of compounds not just one compound
stearic acid is a long sat fat(18:0) found in meat, but is also the predominant sat fat found in dark chocolate. It appears that stearic acid has no harmful effects,
Palmitic(16:0) and myristic(14:0) on the other hand, have been shown to increase inflammation. contribute to elevated lipids, arthrogenesis, and vascular disease
YOU MIGHT ALSO LIKE... | https://quizlet.com/159409027/nutrition-lipids-and-cardiovascular-disease-flash-cards/ |
ulates the uptake of these amino acids by muscle and other cells,
thereby lowering their concentrations.
There are also important hormonal controls over insulin
secretion. For example, a hormone—glucose-dependent insu-
linotropic peptide (GIP)—secreted by endocrine cells in the
gastrointestinal tract in response to eating stimulates the release
of insulin. This response provides a feedforward component to
glucose regulation during the ingestion of a meal. Thus, insulin
secretion rises earlier than it would have if plasma glucose were
the only controller, thereby minimizing the peak in plasma glu-
cose concentration. This mechanism minimizes the likelihood
of large increases in plasma glucose after a meal.
Finally, the autonomic neurons to the islets of Langerhans
also infl uence insulin secretion. Activation of the parasympa-
thetic neurons, which occurs during the ingestion of a meal,
stimulates the secretion of insulin and constitutes a second
type of feedforward regulation. In contrast, activation of the
sympathetic neurons to the islets or an increase in the plasma
concentration of epinephrine (the hormone secreted by the
adrenal medulla) inhibits insulin secretion. The signifi cance of
this relationship for the body’s response to low plasma glucose
(
hypoglycemia
), stress, and exercise—all situations in which
sympathetic activity is increased—will be described later in
this chapter.
In summary, insulin plays the primary role in control-
ling the metabolic adjustments required for feasting or fasting.
Other hormonal and neural factors, however, also play signifi -
cant roles. They all oppose the action of insulin in one way or
another and are known as
glucose-counterregulatory con-
trols.
As described next, the most important of these are glu-
cagon, epinephrine, sympathetic nerves, cortisol, and growth
hormone.
Glycogen
Glucose
Glucose
utilization
Amino
acids
Proteins
Muscle
Adipocytes
Glycogen
Glucose-6-phosphate
Pyruvate
Amino
acids
Acetyl CoA
Glucose
Ketones
Fatty
acids
Glucose
Amino
acids
Glucose
Glucose
Glucose
Fatty acids
α
-glycerol-
phosphate
Triglycerides
Glycerol
Fatty acids
and
monoglycerides
Triglycerides
Lipoprotein
lipase
Blood
Liver
Figure 16–6
Illustration of the key biochemical events that underlie the responses
of target cells to insulin as summarized in Figure 16–4. Each green
arrow denotes a process stimulated by insulin, whereas a dashed red
arrow denotes inhibition by insulin. Except for the effects on the
transport proteins for glucose and amino acids, all other effects are
exerted on insulin-sensitive enzymes. The bowed arrows denote
pathways whose reversibility is mediated by different enzymes
(Chapter 3); such enzymes are commonly the ones infl uenced by
insulin and other hormones. The black arrows are processes that are
not
directly
affected by insulin, but are enhanced in the presence of
increased insulin as the result of mass action.
Begin
Restoration of plasma
glucose to normal
Plasma insulin
Adipocytes and Muscle
Glucose uptake
Pancreatic islet beta cells
Insulin secretion
Plasma glucose
Liver
Cessation of glucose output;
net glucose uptake
Figure 16–7
Nature of plasma glucose control over insulin secretion. As glucose
levels increase in plasma (e.g., after a meal containing carbohydrate),
insulin secretion is rapidly stimulated. The increase in insulin
stimulates glucose transport from extracellular fl
uid into cells, thus
decreasing plasma glucose concentrations. Insulin also acts to inhibit
hepatic glucose output.
Figure 16–7
physiological
inquiry
■
Notice that the brain is not listed as being insulin-sensitive. Why
is that advantageous?
Answer can be found at end of chapter. | http://signinghispraises.com/Vander's%20Human%20Physiology%20The%20Mechanisms%20of%20Body%20Function/603 |
Diverse class of molecules that are insoluble in water. Fats- lipids and food.
Three types of lipids are found in foods and in body cells and tissues:
Triglycerides, Phospholipids, and sterols.
Triglycerides
Contain three fatty acid molecules and one glycerol molecules. Fatty acids are long chains of carbon atoms bound to each other as well as to hydrogen atoms, and glycerol is a 3-carbon alcohol that is the backbone of this.
Fatty acids are classified by:
Length of their chain, level of saturation, and shape.
Triglyceride: Chain Length
Short, medium, or long-chian of fatty acids. Determines lipid digestion, absorption, and metabolism, and use.
Carboyxl end
(COOH): alpha-carbon ("alpha"-first)
Methyl end
(CH3) omega-carbon ("omega"-last)
Saturated Fatty Acids
Have hydrogen atoms surrounding every carbon in the chain (no double bonds). Found in large amounts in animal fat: marbling of meats, lard, butter, bacon fat. Also found in large amounts in some vegetable oils: tropical oils: palm and canola oils.
Monounsaturated Fatty Acids
Lack hydrogen atoms in one part (1 double bond). Found in large amounts in: Canola oil, olives and olive oil, peanuts, peanut oil, and peanut butter, nuts such as pecans, almonds, and cashews, and avocado.
Polyunsaturated Fatty Acids
Lack hydrogen atoms in multiple sites ("more than one double bond"). Found in large amounts in the following vegetable oils: corn, safflower, sunflower, soybean, and sesame.
Saturated Fatty Acids
Can pack tightly together and are solid at room temperature.
Unsaturated Fatty Acides
Do not stack together well and are liquid at room temperature.
Triglyceride Shape
Hydrogen atoms at the unsaturated part can be arranged in different positions:
Cis- same side of the carbon chain.
Trans-opposite side of the carbon chain (bad for you).
Hydrogenation
The addition of hydrogen atoms to unsaturated fatty acids. Converts liquid oils into a more solid form, sue to create margarine from plant oil, creates trans fatty acids, and increases risk for cardiovascular disease.
Essential Fatty Acids
Two fatty acids cannot be synthesized by the body and must be obtained from food. Linoleic acid and Alpha-linoleic acid.
Linoleic Acid
Omeg-6 fatty acid, found in vegetable and nut oils: Corn oil, margarine, salad dressings, and mayonnaise.
Alph-linoleic Acid
Omeg-3 fatty acid, found in vegetables, fish and fish oils. Primarily from fish-oi: salmon and tuna, also found in canola oil, flaxseed and nuts (walnuts and almond), and recommend intake of 2 servings of fish per week.
Archiodonic Acid (Omeg-6)
Increase blood clotting and increase inflammatory disease.
DHA, EPA (Omega 3)
Decrease blood clotting, reduces risk for heart attack, excess may cause hemorrhagic stroke, and large amounts may decrease inflammation pain with rheumatoid arthritis.
Phospholipids
Contain glycerol backbone, 2 fatty acids, and phosphate. They are soluble in water, and aid in emulsifying fats in the bloodstream, transport fat in the bloodstream, a key structural component of cell membrane, and are manufactured in our bodies so they are not required in our diet.
Sterols
Lipids containing multiple rings of carbon atoms, are essential components of: cell membranes, bile, and many hormones, are manufactured in our bodies and therefore are not necessary in our diet, and appear to block the absorption of dietary cholesterol.
Cholesterol
Important in the structure of brain and nerve cells. It is a component of every cell. Precursor of: Bile-functions as an emulsifier, Vitamin D, and Estrogen, and testosterone.
Dietary Cholesterol
Found only in animals, foods from plant do not contain cholesterol, unless animal fat is added, and recommendation: limit to 200-300 mg/day.
Digestion of Fats
Fats are not digested and absorbed easily because they are insoluble in water, no digestion of fats occurs in the watery environments of the mouth or stomach, and it begins in the small intestine.
Digestion of Fats in Stomach
Gastric lipase works only in an acidic environment, acts on triglycerides containing short and medium chain fatty acid, and longer fatty acid chains are not affected by the gastric lipase.
Digestion of Fats
As fat enters the small intestine bile is secreted from the gallbladder into the small intestine. Bile is produced by the liver and stored in the gallbladder. Bile disperses fat into small fat droplets. Pancreatic enzymes break fat into 2 separate fatty acids and a monoglyceride.
Digestion of Fat in the Small Intestine
Primary site of fat digestion, bile acids emulsify digested fat, CCK stimulates pancreas to release pancreatic lipase, pancreas releases lipase, and fat is broken down into monoglycerides and fatty acids.
Absorption of the Products of Lipid Digestion
Small fatty acids are water soluble products of lipid digestion are: absorbed into the mucosal cells and released directly into the portal vein. blood->portal vein->liver: glycerol and short to medium chain fatty acids.
Digestion of Fats
Fatty acids are arranged as lipoproteins for absorption and transport. Triglycerides in the chylomicrons must be disassembled by lipoprotein lipase before they can enter body cells. After entering body cells, triglycerides can be: used immediately for energy, used to make lipid-containing compounds, and stored in muscle and adipose tissues.
Chylomicron
A lipoprotein produced by cells lining the small intestine, composed of fatty acids surrounded by phospholipids and proteins, and soluble in water. They are absorbed by cells of the small intestine, travel through the lymphatic system, and are transferred to the bloodstream.
Lipoproteins
Triglycerides, cholesterol, and other water insoluble lipid protein molecules are transported throughout the body as a component of special carrier particles called this. They are mixtures of triglycerides, cholesterol, phospholipids, and special protein molecules.
Energy
Fat is every energy dense: 9kcal per gram, is the major energy used during rest, is used for energy during exercise, especially after glycogen is depleted, is used for energy storage, and provide a source of concentrated energy (calories).
The Function of Fat
Carrier for fat-soluble vitamins: A, D, E, and K- fat is required for their transport, fat is essential to many body functions: cell membrane structure, nerve cell transmissions, protection of internal organs, and insulation to retain body heat.
The Role of Fat
Fat provides flavor and texture to foods- taste, smell, and add tenderness to foods. Fat contributes to making us feel satiate because fats are more energy dense than carbohydrates or protein and they take longer to digest-slow the digestive process.
Acceptable Macronutrient Distribution Range (AMDR)
20--35% of calories should be from fat. Athletes and highly active people may need more energy from carbohydrates and can reduct their fat intake to 20-25% of total calories.
The Type of Fat Consumed is Important
Saturated and trans fat are highly correlated with increased risk of heart disease.
Visible Fats
Fats we knowingly add to foods, butter, cream, mayonnaise, and dressings.
Invisible Fats
Fats hidden in foods, naturally occurring or added during processing, baked goods, dairy, and processed meats.
Beneficial Fats
Omega-3 fatty acids may be low in diets, fish walnuts, soy, canola, and flaxseed.
Fat replacers
Used to lower fat content of foods, found in chips, cakes, cookies, may cause GI distress is used in large amounts, and ex: olestra (olean), Salatrim, and Simplesse.
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Tahfifah, Amirut and Lestari, Hilda Dwi (2016) Hidrolisis Trigliserida Pada Fraksi Non Polar Dari Minyak Nyamplung Menggunakan Rhizopus Oryzae Dan Lactobacillus Plantarum - Triacylglycerols Hydrolysis From Non Polar Fraction Of Nyamplung (Calophyllum Inophyllum) Oil Using Rhizopus Oryzae And Lactobacillus Plantarum. Undergraduate thesis, Institut Teknologi Sepuluh Nopember.
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Abstract
Minyak dari biji Calophyllum inophyllum (nyamplung) umumnya
hanya digunakan sebagai bahan baku biodiesel, padahal
terdapat banyak manfaat yang lain. Fraksi lipid non polar pada
minyak Calophyllum inophyllum mengandung trigliserida tinggi
dan beberapa komponen bioaktif. Trigliserida dapat dihidrolisis
untuk mendapatkan asam-asam lemak penyusunnya dan gliserol.
Penelitian ini bertujuan untuk mengetahui pengaruh jenis
mikroorganisme penghasil enzim (whole-cell) pada reaksi
hidrolisis trigliserida, mengetahui pengaruh jumlah
mikorganisme penghasil enzim (whole-cell) pada reaksi
hidrolisis trigliserida, dan mengetahui pengaruh waktu pada
reaksi hidrolisis trigliserida. Minyak nyamplung diekstraksi multi
stage sebanyak 8 kali, rasio pelarut terhadap minyak 5:1 (g/g),
dan rasio pelarut Petroleum eter-methanol 3:1 (g/g). NPLF yang
didapat kemudian dianalisa kandungan trigliserida,digliserida,
monogliserida dan FFA. Mikroorganisme yang digunakan
adalah R.oryzae tanpa melalui rekayasa genetika ditanam dan
Lactobacillus plantarum. Proses hidrolisa dilakukan dengan
menambahkan air dengan perbandingan NPLF:air sebesar
1:3(g/g) dan mikoorganisme sesuai variable. Variabel R.oryzae
yang diberikan adalah 1012 sel/mL mixture, 5x1012 sel/mL
mixture, dan 10x1012sel sel/mL mixture. Campuran tersebut
dimasukkan pada inkubator shaker pada suhu 300C, kecepatan
150 rpm selama 1 hari, 2 hari, 3 hari, 4 hari, dan 5 hari. NPLF
dan fraksi minyak hasil hidrolisis akan dianalisa secara kualitatif
menggunakan TLC dan spektrofotometri UV-Vis. Kadar
trigliserida, digliserida, dan monogliserida dianalisa
menggunakan metode kolom kromatografi. Untuk analisa trigliserida, setelah metode kolom kromatografi dilanjutkan
dengan titrasi oksidialkalimetri lalu menggunakan
spektrofotometri panjang gelombang 285 mμ. Sedangkan kadar
FFA dianalisa secara kuantitaif menggunakan metode titrasi
asidi-alkalimetri. Hasil percobaan ekstraksi likuid-likuid minyak
nyamplung memiliki kandungan sebagai trigliserida sebesar
94%, digliserida sebesar 2,01%, monogliserida sebesar 0,37%,
dan FFA sebesar 3,43%. Dari hasil hidrolisa dapat diketahhui
bahwa pada saat kadar FFA (free fatty acid) < 1% dan kadar
digliserida <0,45% akan terjadi proses hidrolisa. Kesimpulan
dari penelitian yang telah dilakukan antara lainb: penggunaan
R.Oryzae lebih efektif dibandingkan L.Plantarum untuk
proses hidrolisa trigliserida dari NPLF minyak nyamplung.
Jumlah whole-cell microbial tidak berpengaruh pada
proses. Lama waktu hidrolisa akan mempengaruhi kadar
FFA (free fatty acid) yang terbentuk karena semakin lama
proses hidrolisa dapat menyebabkan adanya reaksi balik
ataupun reaksi esterifikasi, sehingga kadar trigliserida
akan naik dan kadar FFA justru turun.
========================================================================================================================
Oil from the seeds of Calophyllum inophyllum (nyamplung) is
generally only used as raw material for biodiesel, but there are
many other benefits beside it. Non polar lipid fraction in
Calophyllum inophyllum oil contains high triglycerides and
several bioactive components. Triglycerides can be hydrolyzed to
obtain constituent fatty acids and glycerol. This study aims to
determine the effect of microorganisms type for producing
enzymes using whole-cell biocatalyst on triglyceride hydrolysis
reaction, knowing the effect of the number of mikorganisme
producing enzymes whole-cell biocatalyst on the hydrolysis of
triglycerides, and determine the effect of time on the hydrolysis
of triglycerides. Purification of Nyamplung oil is using multi
stage oil extracted 8 times, solvent to oil ratio is 5: 1 (g / g), and
the ratio of solvent Petroleum ether-methanol is 3: 1 (g / g). Non
polar lipid fraction were obtained and then analyzed the content
of triglycerides, diglycerides, monoglycerides and FFA. The
microorganism used are Rhizopus oryzae grown without genetic
engineering and Lactobacillus plantarum. Hydrolysis process is
done by adding water at a ratio of NPLF:water is 1: 3 (g / g) and
microorganisms corresponding variable. Number of R.oryzae and
L.plantarum given are 1012 cells/mL mixture, 5x1012 cells/mL
mixture, and 10x1012 cells/mL mixture. The mixture was put in
an incubator shaker at a temperature of 300C, speed 150 rpm for
1 day, 2 days, 3 days, 4 days, and 5 days. NPLF and oil fractions
hydrolysis results will be analyzed qualitatively using TLC and
UV-Vis spectrophotometry. High levels of triglycerides,
diglycerides, monoglycerides and analyzed using column
chromatography. For analysis of triglycerides, after the method of column chromatography followed by oksidialkalimetri
titration and use spectrophotometric wavelength of 285 mμ.
While the quantitative levels of FFA were analyzed using acidbase
titratio. The experimental results of liquid-liquid extraction
nyamplung oil contains as triglycerides 94%, diglycerides 2.01%,
monoglycerides 0.37% and 3.43% FFA. From the result of
hydrolysis known that if FFA (free fatty acid) value is <1% and
diglycerides is <0.45%, hydrolysis process will occur. The
conclusion of the research that has been done are: R.Oryzae more
effective than L.Plantarum for triglyceride hydrolysis process of
NPLF nyamplung oil. The number of whole-cell microbial have
no effect on the process. The length of time of hydrolysis would
affect the levels of FFA (free fatty acid) which is formed because
the longer the hydrolysis process can cause a reverse reaction or
esterification reaction, so that triglyceride levels will incrise and
the FFA will decrease. | https://repository.its.ac.id/72202/ |
a polar bond is a type of covalent bond between two atoms or more in which electrons are shared unequally.
nonpolar bonds
Nonpolar covalent bonds, with equal sharing of the bond electrons, arise when the electronegativities of the two atoms are equal.
Hydrogen bond
the attractive interaction of ahydrogen atom with anelectronegative atom
pH
is a measure of soil acidity or soil alkalinity
isomers
compounds with the same molecular formulabut different structural formulas.
polymer
composed of repeatingstructural units.
dehydration synthesis
involves the loss of water from the reacting molecule
hydrolysis
It is the type of reaction that is used to break down certain polymers
Carbohydrate
an organic compound that consists only ofcarbon, hydrogen, and oxygen, with a hydrogen:oxygenatom ratio of 2:1 (as in water).
monosaccharides
simplest form of a carbohydrate
polysaccaride
longcarbohydrate molecules, of repeated monomer units joined together by glycosidic bonds.
Glycosidic Linkage
type of covalent bond that joins acarbohydrate (sugar) molecule to another group, which may or may not be another carbohydrate.
starch
acarbohydrate consisting of a large number of glucose units joined together by glycosidic bonds.
Glycogen
amolecule that serves as the secondary long-term energy storage inanimal and fungal cells
lipids
constitute a broad group of naturally occurring molecules that includefats, waxes, sterols, fat-soluble vitamins (such as vitamins A, D, E, and K),monoglycerides, diglycerides, triglycerides, phospholipids, and others.
fatty acid
acarboxylic acid with a long unbranched aliphatic tail (chain), which is either saturated orunsaturated.
Saturated Fats
is fat that consists of triglyceridescontaining only saturated fatty acids. Saturated fatty acids have no double bonds between the individualcarbon atoms of the fatty acid chain.
Unsaturated Fat
a fat or fatty acid in which there is at least one double bond within the fatty acid chain.
Phospholipid
a class of lipids that are a major component of all cell membranes as they can form lipid bilayers.
Proteins
are biochemicalcompounds consisting of one or more polypeptides
amino acids
are molecules containing an amine group, a carboxylic acid group, and a side-chain that is specific to each amino acid.
Peptides
are short polymers ofamino acid monomerslinked by peptide bonds. | https://freezingblue.com/flashcards/128213/preview/organic-chemistry |
Digestion is the process in which your body decreases the size of the food particles you eat until they are small enough to be absorbed. Absorption occurs when these small molecules of food particles pass from your digestive system, or gut, into your bloodstream so your body can benefit from the nutrients they contain. Protein and fats, often eaten at the same time, share some similarities in how your body digests and absorbs them, but, for the most part, the processes are different.
Protein Digestion
When your food protein contacts the acidic environment of your stomach, the tightly folded protein begins to relax. As this happens, a digestive enzyme in your stomach clips the long chain of the protein's amino acids into shorter pieces called peptides. The peptides travel to your small intestine, where different digestive enzymes – secreted from your pancreas – break down the peptides into even shorter chains and eventually into single amino acids. These individual amino acids are now ready to be absorbed by the walls of your small intestine.
Protein Absorption
Small structures, known as villi, line the walls of your small intestine, while even smaller structures, called microvilli, line your villi. The villi and microvilli are a series of folds that serve to increase the surface area available for absorption. The digested amino acids from your food protein pass from the inside of your small intestine through the epithelial cells of your villi and microvilli and into your capillaries. They travel through your epithelial cells with the help of proteins called amino acid transporters, which shuttle the amino acids from the gut side of your cell to the capillary side of the cell. Once in the capillaries, the amino acids move through your body via your bloodstream.
Fat Digestion
Fats from foods consist primarily of triglycerides, three fatty acid molecules bound to a glycerol backbone. A small amount of digestion of your food triglycerides begins in your stomach, although most occurs in your small intestine. In your small intestine, the fat molecules mix with a substance called bile, secreted from your gallbladder, that emulsifies the fat particles, or makes them more water-soluble. Your pancreas secretes a digestive enzyme, called lipase, into your small intestine, where it acts on the emulsified triglycerides. Lipase digests each triglyceride into its three individual fatty acids plus a glycerol molecule. These fat components are now small enough to undergo absorption.
Fat Absorption
The absorption of fat is quite different than that of protein. The fatty acids and glycerol from triglyceride digestion enter the epithelial cells of your small intestine by both passive diffusion and a fatty acid transporter protein. Once inside the epithelial cell, they reform into a triglyceride and then into a transporter package called a chylomicron. Chylomicrons pass into lymphatic vessels located in the villi of your small intestine before entering your bloodstream. Once the chylomicrons reach your blood, they disassemble and their contents move throughout your body. | https://www.livestrong.com/article/503008-digestion-absorption-of-protein-fats/ |
Dr. Subramaniam Sathivel has been kind enough to analyze oxidation test results of our Fermented Cod Liver Oil. What did he have to say?
- Our Fermented Cod Liver Oil is a good quality oil
- It is a good source of Omega-3 Fatty Acids
- Free fatty acids are produced in the extraction process, not from lipid oxidation
- Our Fermented Cod Liver Oil is well protected by natural antioxidants
Report
Dear Dave,
I reviewed the reports from Mid West Laboratories, Inc. and Eurofins Laboratories for your Fermented Cod Liver Oil.
Midwest Laboratories, Inc. Report of Analysis FCLO 20946ABS September 23, 2015
Midwest Laboratories, Inc. Report of Analysis FCLO 07252ABS September 23, 2015
Midwest Laboratories, Inc. Report of Analysis FCLO 05751ABS September 23, 2015
Midwest Laboratories, Inc. Report of Analysis FCLO 31641ABS September 23, 2015
Midwest Laboratories, Inc. Report 15-265-4118 FCLO September 22, 2015
Eurofins Nutritional Analysis Center Certificate of Analysis AR-15-QD-115048-02
September 23, 2015
The independent analytical labs analyzed a total of seven Fermented Cod liver Oil samples and provided data for fatty acids profiles and thiobarbituric acid (TBA) values. The secondary lipid oxidation products (aldehydes) are evaluated by the measurement of malondialdehyde (MDA) reacting with thiobarbituric acid (TBA). The TBA value of your fish oils was an average of 0.32 mg MDA /kg oil, which is well below the acceptable level. Consumers may accept edible oil with TBA as high as 7-8 mg MDA/kg oil (Huss 2011).
Please note that lipid oxidation is a chain reaction and, in general, oxidized oil will have high amount of aldehydes. Dr. Martin Grootveld, Leicester School of Pharmacy, De Montfort University, Leicester, United Kingdom, analyzed your oil for lipid oxidation products (aldehydes and/or their conjugated hydroperoxydiene precursors) using one- and two-dimensional multicomponent H NMR technique. According to Dr. Martin Grootveld’s report they did not find aldehydes and/or their conjugated hydroperoxydiene precursors in your oil sample. Dr. Grootveld’s findings are in accordance with TBA values of your oil that were analyzed by the above-mentioned laboratory. This indicated that your oil had no or undetectable levels of secondary oxidized products including aldehydes.
The above-mentioned commercial analytical labs report showed an average of 1.19% trans fatty acids in your oil. It is normal to have very low level of trans fatty acids. Some labs may not report trans fatty acids in fish oil because they are, if present, present only at undetectable level or at levels less than 1%. What is free fatty acid? Oil molecules are known as triglycerides, which means three free fatty acids are attached to a glycerol as shown in Figure 1. Three fatty acids could be saturated or unsaturated or two unsaturated and one saturated or one unsaturated and two saturated fatty acids. Therefore, we can find many different triglycerides in oil. Our body absorbs only free fatty acids, monoglycerides (one fatty acid bonded with a glycerol) and some diglycerides (two fatty acids bonded with a glycerol), which means body cannot absorb oil with the triglyceride form. Pancreatic lipase enzyme in our intestine breaks down triglycerides into free fatty acids and monoglycerides or diglycerides and then our body absorbs them.
Triglycerides can also breakdowns break down into free fatty acids during extraction and processing of fish oil. Either water or lipases (both are present in animal tissue) hydrolyzes triglycerides and produces free fatty acids. Please note that free fatty acids in oil are not a compound resulting from a lipid oxidation reaction. I think there may be free fatty acids forms of DHA and EPA available in the nutraceutical market. There is limited research that shows that the free acid form of omega -3 provides more health benefits than triglyceride forms. In edible oil refining, we estimate refining loss based on the amount of free fatty acids in the oil. Your oil sample had an average of 17.3% free fatty acids, which is relatively high. Please note that your production technique of cod liver oil is very different than the traditional methods. In general, unrefined fish oil or unrefined edible oil has a high amount of free fatty acids. Sodium hydroxide is a base used to neutralize free fatty acids in edible oil. There are other techniques such as adsorption and distillation that can be used to remove free fatty acids. As I mentioned in another paper, free fatty acids have a tendency to oxidize; however, your oil has a very low level of TBA. It may be due to the presence of antioxidants in the oil. Your vitamin analysis showed that the fermented cod oil had a significant amount of vitamin A, which is known as an excellent antioxidant. It absorbs free radicals that result from lipid oxidation. Lipid oxidation is a chain reaction and we can delay or minimize lipid oxidation by removing free radicals. Your company uses amber bottles, which prevents or minimize light penetration into the bottle. UV light is one of the factors that promote lipid oxidation. In general, all oil has a tendency to oxidize regardless of free fatty acid content when they are exposed to light a long period of time or subjected to heat.
In conclusion, the data shows that your cod liver oil is a good quality oil and a good source of omega-3.
Again, free fatty acids in the oil are not compounds resulting from lipid oxidation reactions. In other words, they are not aldehydes.
If you have any questions, please let me know.
Subramaniam Sathivel, Ph.D. Professor of Food Processing Engineering
About Dr. Sathivel
Dr. Sathivel is the Professor of Food Engineer at the School Nutrition and Food Sciences and the Department of Biological and Agricultural Engineering, Louisiana State University Agricultural Center (LSUAC). Before joined LSUAC, Dr. Sathivel worked five years as an Assistant Professor of Seafood Processing and Engineering at the Fishery Industry Technology Center (FITC), University of Alaska Fairbanks, Alaska. He is responsible for the food process engineering laboratory at the LSUAC, where his projects include design and development of an adsorption technology to purify fish oils and fish protein, value added products, edible films and edible coatings. Dr. Sathivel has published 60 refereed articles, two popular articles, five book chapters, and six proceedings. Dr. Sathivel has an equally respectable record of published abstracts and professional presentations, many of which were invited talks at international scientific meetings and conferences.
References
Huss, H. H. (1988). Fresh fish--quality and quality changes: a training manual prepared for the FAO/DANIDA Training Programme on Fish Technology and Quality Control (No. 29). Food & Agriculture Org..
Schnepf, M., Spencer, G., & Carlort, J. (1991). Chemical and sensory characteristics of stored menhaden oil/soybean oil blends. Journal of the American Oil Chemists Society, 68(5), 281-284. | https://www.greenpasture.org/blog/scientific-analysis-of-oxidation-test-reports-by-dr-subramaniam-sathivel/ |
Lipids And Fats Essay, Research Paper
Lipids are hydrocarbons that are found in living systems in the environment. The main classes of lipids are triglycerides, waxes, steroids, phospholipids, gylcolipids, and sphingolipids (Glanze). The simplest lipid, which makes up the backbone of all of these, is the fatty acid (see page 2). The main characteristics that separate the different kinds of lipids are the derivatives, such as acids, alcohols, amines, amino alcohols, and aldehydes, found on the end of the hydrocarbons and their solubility in water. Most lipids are nonpolar and there for are not soluble in water but instead in fat solvents such as ether, chloroform, and benzene. From these two basic distinctions, there are dozens of possible lipids that can be formed in nature and synthetically (Cooper).
Triglycerides are compounds consisting of a fatty acid (oleic, palmitic, or stearic) and a glycerol (See page 2). Triglycerides make up most animal and vegetable and are the principal lipids in the blood where they circulate, bound to proteins, forming high- and low-density lipo-proteins; examples of which are lard and butter. This type of lipid is not soluble in water, but is soluble in substances like ether and benzene. Glycerol is an alcohol and is soluble in ethyl alcohol and water. The other main component in is the fatty acid. Fatty acids are any of several organic acids that are unsaturated molecules and cannot be produced by the body. Therefore, fatty acids have to be ingested in an animal s diet (Cooper).
Waxes are fatty esters of long-chain alcohols (See page 3). Theses can be derived from insects, such as beeswax, plants, or petroleum products. There are four main uses for waxes in society. There is a bone wax that is a nontoxic, biocompatible wax used during surgery to plug up cavities in cranial bones and other bones to control bleeding. Because waxes are insoluble in water, they are very useful for the use on humans. Another form of wax is the casting wax with is a mixture of several waxes that can be carved or formed into shapes to be cast in metal. Carnauba wax is used for the general care of cars and used in products like chewing gum. The last use of wax is in dentistry. With the combination of waxes for their specific properties, they can be used in dental procedures (Glanze).
Steroids , or sterol, are a group of substances related to fats. They are alcohols with a cyclic nucleus and are found free or esterified with fatty acids (See page 3). They are found in animals (zoosterols) and in plants (phytosterois). They are generally colorless, crystalline compounds, and soluble in certain organic solvents. The two forms of sterols are cholesterol and ergosterol(Thomas).
The most common steroid is cholesterol. Cholesterol is a fat-soluble crystalline steroid alcohol found in animal fats and oil, and egg yolk, and widely distributed in the body, especially in the bile, blood, brain tissue, liver, kidneys, adrenal glands, and myelin sheaths or nerve fibers(Hole). It helps the absorption and transport of fatty acids and acts as the precursor for the synthesis of vitamin D at the surface of the skin as well as for the synthesis of various other steroid hormones. Among these are cortisol, cortisone, and aldosterone in the adrenal glands and of the sex hormones progesterone, estrogen, and testosterone. Cholesterol is found almost exclusively in foods of animal origin and is continuously synthesized in the body, mainly the liver and the adrenal cortex(Cooper).
Phospholipids are one of a class of compounds, widely found in living cells, containing phosphoric acid, fatty acids, and a nitrogen base (See page 4). The most important kind of phospholipids is lecithin(Marieb). Lecithin is a lipid most common in animals and plants. Lecithins are found in the liver, nerve tissue, semen, and in smaller amounts in bile and blood. They are essential for the metabolism is fats and are used in the processing of foods, pharmaceutical products, cosmetics, and inks. Rich sources of these are found in soybeans, egg yolks, and corn(Glanze).
Glycolipids are compounds that consists of a lipid and a carbohydrate, usually galactose, found primarily in the tissue of the nervous system, especially the myelin sheath and the ganglion cells (See page 3). The most important of these lipids are the cerebrosides. The glycolipids are found in the brain and other tissue of the nervous system, especially the myelin sheath(Thomas).
Sphingolipids are compounds that consist of a lipid and a sphingosine (See page 4). It is found in high concentrations in the brain and other tissues of the nervous system, especially membranes. The most important of these lipids is the sphingomyelin. This is a group of lipids containing phosphorus. It occurs primarily in the tissue of the nervous system, generally in membranes, and in the lipids in the blood. Another type of sphingolipid is cerebroside, which is also a glycolipid(Cooper).
In the body, fats are the most concentrated source of energy(Marieb). They contain very little water, and the energy given off form the catabolism of fats is approximately twice that gained form either glucose (the most simple sugar) or protein breakdown. The primary fat is triglyceride, an ester of three fatty acids and a glycerol. This substance is not digested in the stomach and passes into the duodenum (the first part of the small intestine, between the stomach and the jejunum), where it causes the release of enterogastrone, a hormone that reduces stomach motility. The amount of fat in ones diet regulates the rate at which entergastrone is released into the intestinal tract. Fat, together with other partially digested foods, cause the release of hormones, secretin, pancreozymin, and cholecystokinin from the wall of the duodenum into the bloodstream. Secretin causes the secretion of an alkaline pancreatic juice that is rich in bicarbonate ions, while pancreozymin causes secretion of pancreatic enzymes. One of these enzymes, lipase, is important in the digestion of fat. Cholecystokinin, which is a protein substance chemically inseparable from pancreozymin, stimulates the gallbladder to release bile into the duodenum. Bile is secreted by the liver and concentrated in the gallbladder and contains two bile salts, both derived from cholesterol: taurocholic and glycocholic acids. These act as detergents by emulsifying the triglycerides in the intestinal tract, making the fats more vulnerable to attack by pancreatic lipase. In this reaction, which works best in the alkaline solution provided by the pancreatic juice, each triglyceride is split into three fatty acid chains, forming monoglycerides. The fatty acids pass across the membranes of the intestinal lining cells. Enzymes in these membranes split monoglycerides to glycerol and fatty acid, but triglycerides are reformed within the lining cells from glycerol and those fatty acids with a medium-chain fatty acids are absorbed directly into the bloodstream once they pass through the intestinal lining. The triglycerides formed in the lining cells pass into the intestinal lymphatic system as lipoproteins called chylomicrons. The thoracic duct, the main lymphatic channel, carries the chylomicrons to the great veins. Here they enter the circulatory system and can be taken up and metabolized into the tissue(Marieb).
During meal consumption, excesses in fats cells are stored in tissue called adipose tissue. This is found beneath the skin, between muscle fibers, around organs and their supporting structures, and around joints. When fats are absorbed, they are absorbed in excess and stored in the vacuoles as fatty acids. The fat stored in these vacuoles are a source of energy between meals. These fatty acids are broken down between meals through oxidation of the fatty acids(Cooper).
During the oxidation of fatty acids, or Beta-oxidation, the mitochondria, in a cell, breaks down the fatty acids into two carbon acetic acid fragments and reduced coenzymes. Each acetic acid molecule is then fused to one coenzyme, forming acetyl CoA. The Acetyl CoA molecule is then picked up by an oxaloacetic acid and enters the aerobic pathways to be completely oxidized to carbon dioxide and water. The Acetyl CoA molecule is by far one of the most important molecules in the body. This molecule is the starting molecule in a process called the Krebs Cycle. This cycle, which takes place in mitochondrial matrix, is the reaction that creates ATP and other intermediate molecules. These molecules are vital for certain metabolic pathways including amino acid synthesis and tricarboxylic acid cycle. ATP is the molecule that is broken down in cells to produce energy used to function(Marieb).
Another important aspect of lipids is their use in the cell membrane of cells. The fundamental building blocks of all cell membranes are phospholipids, consisting of two hydrophobic fatty acid chains linked to a phosphate-containing hydrophilic head. Because the fatty acid tail is poorly soluble in water, phospholipids form bilayers in aqueous solutions. They form a membrane that consists of the tails being buried in the interior of the membrane and the polar heads, on both sides, in contact with the water. This membrane formed by the formation of these fatty acids if called a phospholipid bilayer and makes up the basic structure of all biological membranes in nature(Cooper).
Lipids play an important part in our society. A lack of or excess in lipids may lead to may disease in the body. In a human diet, the increase of cholesterol can lead to many disorders such as atherosclerosis. This leads to four primary changes(Phipps). First: there is injury to the intimal cell wall causing increased cell permeability. Second: an accumulation of smooth muscle cells and lipids that produce a fatty streak. Third: there is a formation of plaque from lipids on the arterial walls. Four: Development of a complicated lesion from calcified fibrous plaque. These effects cause insufficient blood flow to the tissues, producing ischemia. Ischemia is a decrease in the blood supply to a body organ or part. It is often marked by pain and organ dysfunction. Other effects of the four changes is a diminished or absent pulse. There is also an interference with nutrients arriving to the tissue, leading to ischemic ulcers and changes in the skin. As the tissue is insufficiently receiving blood, the skin that is not getting blood rots and forms ischemic ulcers. The changes seen in the skin are the discoloration incurred from the rotting of the skin. First the skin turns red, then mushy, then an open sore appears and then rots down to the bone(Phipps).
Gallstones, or cholelithiasis, are another problem caused by a high amount of cholesterol in the body. The cholesterol forms small crystals in the gall bladder and lodge themselves in the common bile duct, cystic duct, small bile duct, hepatic duct, and the greater duodenal papilla. This causes many different disorders, from pressure and infection of the biliary duct walls to pancreatitis and jaundice. The group most prone to contracting this disorder is females that follow the three F s: fat, fair, and forty. Studies show that the groups most affected by this disorder, in America, are women that are around forty, obese, and have a fair complexion(Phipps).
Another disease attributed to an excess of lipids in the body is artheriosclerosis. This is characterized by a build up of lipids, cholesterol for the most part, on the insides of the arterial walls. The main arteries affected by this are the femoral artery, iliac artery, and popliteal arteries. This build up that is incurred causes a narrowing of the artery, decreasing blood flow and, sometimes, completely obstructing blood flow. This causes a lack of blood to the tissues and eventually leads to the tissue dieing. Ischemic ulcers form because of this lack of nutrition and if the case is severe enough, may lead to gangrene of the limb affected. The limbs affected by this disease are the lower limbs, involving the femoral artery. If the clot, caused by the lipids, isn t treated in time amputation of the limb may occur(Phipps).
The main disease incurred by high lipid content, especially cholesterol, in the body is coronary heart disease. Coronary heart disease (CAD) is the leading cause of death in the industrialized Western world. Each year, an approximate 1 million Americans die of CAD and another 2.5 million are disabled by it(Hole). The main reason for this is the diet of average Americans. In today s society, an average Americans died consists of total and saturated fats, cholesterols and other components such as refined sugar and salt. These components of the average diet are major contributors to heart disease. CAD is characterized by a build up of lipids, mostly cholesterol, on the coronary arteries. This causes a narrowing of the arteries and, if the problem prosists, leads to complete obstruction of the arterial pathway. This causes an imbalance between the myocardial oxygen demand and the myocardial oxygen supply. This imbalance is called coronary atherosclerosis. The combination of the arterial occlusion and coronary atherosclerosis causes one of three things. First: angina pectoris occurs. This is severe pain felt down the inner aspect of the left arm and is usually accompanied by a feeling of suffocation. Second: Acute myodcardial infarction (MI) occurs. This is the complete occlusion of the artery, which results in a MI or a heart attack. Third: Sudden cardiac death occurs. This occurs when the tissue that is being occluded dies. The combination of this and the occlusion of the artery cause the coronary tissue to die. This block, caused by the lipids, causes the left ventricle to be unable to pump the blood through the body. This in turn causes sudden cardiac death(Phipps).
Lipids are one of the most important organic compounds in nature. The basic type of lipid is the fatty acid(Glanze). From this basic fat, all other fats are produced. The other fats produced by different fatty acid formations are triglycerides, phospholipids, waxes, sterols, glycolipids, and sphingolipid. The most common lipid found lipid found in nature is the triglyceride. Triglycerides are then broken down into their most common and important type: the cholesterol. Lipids are most important in nature because they are used in all living organisms. They are used to form the lipid bilayer around cells to protect them. Then they are also used as a major energy supply in the body. The break down on a triglyceride into its fatty acids is the first step in the Krebs Cycle. The Krebs Cycle is responsible for making ATP, the main energy supply in cells. Without the break down of fatty acids into Acetyl CoA, cells wouldn t have the sufficient energy needed to carry out the basic functions of life. But the excess of lipids in one s diet can lead to many problems. These problems range from gall stones and ischemic ulcers to a myodcardial infarction and sudden cardiac death(Phipps). Lipids are one of the most important compounds in nature and without them life wouldn t be able to function as we know it. But, lipids can also lead to some of the devastating diseases in the world.
Bibliography
Cooper, Geoffrey M. The Cell: A Molecular Approach. Washington D.C.: ASM Press, 1997.
Glanze, Walter D. Mosby s Medical and Nursing Dictionary. Toronto: The C.V. Mosby Company, 1986.
Hole, John W. Jr. Human Anatomy and Physiology. Dubuque, Iowa: Brown Publishers, 1984.
Marieb, Elaine N. Human Anatomy and Physiology. New York: The Benjamin/Cummings Publishing Company, Inc., 1989.
Phipps, Wilma J. Medical-Surgical Nursing. Toronto: The C.V. Mosby Company, 1991.
Thomas, Clayton L. Taber s Cyclopedic Medical Dictionary. Philadelphia: F.A. Davis Company, 1997. | https://essay.ua-referat.com/Lipids_And_Fats |
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