Wednesday, October 30, 2019
The war in syria and its consequences on lebanon Research Paper - 1
The war in syria and its consequences on lebanon - Research Paper Example The armed opposition is an alliance of various groups, which were formed during the conflict to protect the civilian protestors and face off the government forces. This civil conflict has however progressed to become a regional problem, affecting other countries that have remained neutral to the domestic issues that are facing the country. As opposed to being an effort to eliminate Assad leadership in Syria, the conflict has graduated into a sectarian conflict, leading to emergence of Alawite government forces and pro-government militias made up of members of the Shia tribe (White 16). The opposition is dominated by members of the Sunni tribe, a situation that has led to an increase in foreign interference in the course of the war. For example, in 2013, the Hezbollah terrorist group joined the civil war to fight alongside government forces and defeat the Sunni dominated opposition forces. As the war progresses, its impacts have been felt beyond the borders of Syria, spilling to neighboring countries, which are currently, faced with major insecurity challenges. Lebanon, a country with the longest borderline with Syria is considered as one of the few neighboring countries that have significantly been affected by the civil war. As a result, the Syrian conflict has had significant security challenges to Lebanon as the fight has virtually spilt into the country. This has further affected the economy and the healthcare sector in the country as major basic and social amenities are suspended as has been witnessed in the war torn Syria (Dahi 12). Despite the ravaging ramification of the Syrian internal conflict, scholars have made little effort to bring to the fore its effects to peace and stability in neighboring countries. Efforts have concentrated on how the war has affected the social and economic stability of Syria and how the Assad and opposition
Monday, October 28, 2019
Primary and Support Activities of Value Chain Essay Example for Free
Primary and Support Activities of Value Chain Essay Raytheon Company has created new software that improves the logistics system of the company by providing constant tracking data of all products in the inventory, which has saved the company nearly $9M. MTrak is a web-based system that includes the Microsoft . Net technology, which is used to capture bar-code scans and combines it with information from the mainframe computer to provide tracking of all inventories anywhere within the company. A lot of stuff got lost, company had to have multiple people sitting by the phones to take the calls asking where the parts were. The creation of MTrak brings Raytheon online with its competitors in the industry. While the system does not create a competitive advantage to Raytheon, it does negate the disadvantage of a bad supply control system. The creation of MTrak contributes to the entire value chain by tracking the products from the beginning of the chain at Inbound Logistics, through Operations, Outbound Logistics, Marketing and Sales, through to the end of the chain at Service. The Technology and Competitive Forces The major problem at Raytheon was lost inventory. The suppliers were not to blame because they were able to account for every piece of property they supplied through their fully automated supply chains. From the beginning, the goal was to create a system that would track all materials used by Raytheon such as resistors, capacitors and customized computer chips from the time of order through receiving, testing, placement in inventory and final use in a military field radio, handheld motion sensor or some other Raytheon product . Whenever Raytheon received calls for a missing delivery personnel would physically search the area to see if the product was still there. In some cases, if the item couldnââ¬â¢t be found the employees would reorder the item so production schedules could be met.. The MTrak is a web-based system that includes such technologies as Microsoft . Net and Biz Talk 2004. These technologies, which captures bar-code scans and other information on incoming deliveries, combine it with other information from the mainframe system such as purchase-order inventory, anufacture-scheduling data. The integration of the MTrak and mainframe computers is possible through the use of software provided by WRQ Verastream. This system lets employees track the status and movement of parts throughout the entire company from a web browser. Competitive Forces-Value Chain The Value Chain consists of five Primary Value Chain Activities and four generic categories of support activities. The primary value chain activ ities are supported by the generic categories. In this case the primary chain activities that are being supported are the Inbound Logistics, Operations, Outbound Logistics, and Marketing and Sales. The supporting category is Technology Development. Raytheon created this technology in-house with publicly available software. Even though integrating the software into the daily business of the company did not create a competitive advantage, Raytheon was able to save money in many areas including lost inventory, delayed production, and outsourcing software development. Supporting the Company The MTrak tracking system provides a state-of-the-art software package that provides Raytheon with the means to track its entire inventory throughout the entire company from a web browser. This technology improves the value chain of the entire company. Though the use of this technology, Raytheon will be on a level playing field with other companies in the industry. It may even spur Raytheon an advantage in the future as the company continues to grow.
Saturday, October 26, 2019
Nature in Tolkiens Writing Essay -- Literature Analysis
While reading any of J. R. R. Tolkienââ¬â¢s major works, be it The Hobbit, The Silmarillion, or The Lord of the Rings, one cannot help but notice the amount of attention that is given to nature. There are numerous details given to describe each location, each character, even each tree. Tolkien did not claim to be an environmentalist, but by spending so much time in his books explaining the importance of nature, it is hard to say that he did not care about it. About the fantasy world that Tolkien recreated, Sherry Turkle argues, ââ¬Å"The question is whether that prepares us to live in a world that's complex, where we need to be able to work in a structure where there are no rules and where we have to be really attentive to other people's cultures and other people's ways of seeing thingsâ⬠(qtd. in Grossman 4). Lev Grossman counters this point when he says, ââ¬Å"If The Lord of the Rings is a fantasy, it's ultimately a fantasy about growing up and putting childish things as ideâ⬠(5). Grossman believes that LOTR is a fantasy, but unlike Turkle, he thinks that the reader benefits with a lesson about growing up and sacrifice. Tolkien placed a great value on the relationship between the characters and nature: from the elves protecting the forest to the hobbits cultivating the ground and living off the earth. He emphasized stewardship and the importance of working with nature, rather than against it. Lucas P. Niiler agrees with this point when he says, ââ¬Å"In particular, Tolkienââ¬â¢s work demonstrates one form such an ethic can take: land stewardship, as is modeled by Bombadil and later practiced by the hobbitsâ⬠(284). Stewardship is evident in how each of the characters relate to their home in LOTR. For example, the Hobbits live in the Shire, a small, q... ...ronment, and he wanted to save it by destroying the Ring. Through these examples, and ones that I have given previously, we can see that Tolkien truly cared for the environment. Works Cited Bowman, Mary R. "The Story Was Already Written: Narrative Theory in The Lord of the Rings." Narrative 14.3 (2006): 272-293. Grossman, Lev. "Feeding on Fantasy." Time 02 December 2002: 1-5. Niiler, Lucas P. "Green Reading: Tolkien, Leopold and the Land Ethic." Journal fo the Fantastic in the Arts (1999): 276-285. Reeder, Ike. "The Silence of Trees: Environmental Agency and the Politics of Power in J.R.R. Tolkien's The Lord of the Rings and The Silmarillion." (n.d.): 107-115. Tolkien, J. R. R. The Letters of J. R. R. Tolkien. Ed. Humphrey Carpenter (Boston, New York: Houchton Mifflin 2000). ---. The Lord of the Rings. (Boston, New York: Houghton Mifflin, 1994).
Thursday, October 24, 2019
Western Influence on Japan Essay -- Japan and the West, The Meiji Rest
The new Meiji Period was the starting point for Japanââ¬â¢s isolation from foreign countries. During the end of Edo period, Matthew C. Perry came to Japan and established the Nichi-Bei Washin Joyaku, the Japan-US Treaty of Amity and Friendship, allowing Japan to be fully open to the United States of America. Soon after, foreign officials from other countries came to Japan to make similar friendship treaties, changing Japan to be one of the global nations. From the treaty, Foreigners started to build homes and live in one of the ports opened to them, creating cultural influence on the people who had never seen foreigners. Through the opening of Japan during the Meiji Period, Westerners were able to enter and create a positive influence on Japan. With emerging Western culture, Japanese foods expanded to accommodate the use of meat to fit the preference of Japanese. New industrial technology from America and Europe provided the base of Japanââ¬â¢s technology, leading to todayââ¬â¢s modern and developed country with the continuous improvement. With major changes in Japanese diet and technology from emerging Western culture, Japan gained social and economic benefits, allowing the country to be the great powerhouse it is today. During the Meiji restoration, selected members of Japanese were dispatched to the United States and Europe to learn about Western laws and cultures. Western cuisine was one of the practices they achieved throughout the tour. During the visit, what astonished the Japanese was a significant height difference compared to American and European. Japanese were typically small because the traditional Japanese food culture based on fish didnââ¬â¢t provide enough nutrients like meat essential for healthier physical growth. Aft... ...GING PERCEPTIONS OF BEEF IN THE MAKING OF MODERN. Rep. no. Volume V 2009. The Australian National University, 2009. Web. 23 Apr. 2012. . Onishi, Norimitsu. "Spaghetti Stir-fry and Hambagoo: Japan Looks West." Nytimes.com. The New York Times, 26 Mar. 2008. Web. . Weinstein, Andrew. "Japan's Auto Industry ." About JAMA. N.p., n.d. Web. 20 Apr. 2012. . Yamasa. "Things Japanese - "A History of Japanese Cuisine"" Yamasa.org. The Yamasa Institute. Web. 23 Apr. 2012. . Yasuo, Wakuda. "Improvement of Urban Railways." (1997): n. page. Web. 13 May. 2012. .
Wednesday, October 23, 2019
Integrative Network Design Project Essay
Kudler Fine Foods will be embarking on a new project to implement improvement to its existing network infrastructure. The end result will be the installation of a WAN to connect all three store locations together to enable better communication and sharing of data. A new WLAN shall also be implemented in order to provide more flexibility in the stores and make added new systems and features easier in the future. Lastly with the new network implementations there shall also be a new VOIP system added to the multi-store network. The first section shall cover the networkââ¬â¢s fundamental characteristics components, and evaluation of the current network topology and a description of the standards applicable to this project. Kudler Find Foods currently has three locations, the La Jolla Store/Home Office, The Del Mar Store, and the Encinitas Store. All three locations are currently running on a 100 Base T Ethernet network as well as an HP Blade Server. Each location currently has a 25 Mb ps connection out to the internet, as well as a dedicated OC1 SONET connecting them to other stores. Of the three locations the La Jolla Store currently houses most of the infrastructure. There are currently 19 total computers, POS terminals for the store, and the NAS for backups. In the Del Mar and Encinitas stores the setup is identical with six computers, and the POS terminals for the store. When designing this new system the importance of both standards in network as well as the importance of communication protocols will help to make sure the network works smoothly and devices on the network can talk to each other. Currently Kudler is using a SONET which is ââ¬Å"An ANSI standard, incorporated into the SDH standard, that defines a line rate hierarchy and frame formats for use with high-speed optical fiber transmission systemsâ⬠(Goleniewski & Jarrett, 2007, p. 800) Standards bodies are essential in networking for the fact that they allow different developers, designers and maintenance teams to have a set of rules to follow when creating and maintaining a system. With this in place Kudler will keep using the ANSI standards when designing and developing the new systems. Along with these standards the system will need to work on a common communication protocol in order for all devices to be able to talk to each other as well as transfer data and other information correctly and efficiently. Each location has its own local network thus it is distributed across the company, however this has its pros and cons that can affect the company. With the implementation of a WAN as defined in Telecommunications Essentials ââ¬Å"A wide area network (WAN) is a group of computer networks connected over long distances by telecommunications links, which can be either wireline or wireless.â⬠(Goleniewski & Jarrett, 2007, p. 201) The benefits that a WAN will bring to Kudler Fine Foods is a centralized management of all systems and an ease of use communication from store to store. As stated earlier along with the WAN, each location will also be implementing a WLAN. This shall improve network coverage and give each location the ability to place computer systems or POS machines in locations that may have not been possible before due to the lack of a hardline or ability to install a new line. Wireless technology has greatly improved over the years and has transitioned from an additional layer that may not be needed or only added if there was room in the budget to a system that is almost a requirement in todayââ¬â¢s ever evolving workplace. While implement these new features there are some inherent responsibilities in providing telecommunication services. Some of these responsibilities are security, privacy, reliability, and performance. Security is paramount as a loss of client data or client financial information could be extremely damaging to the Kudler brand. The security of the system and client information should be foremost in the system developerââ¬â¢s mindset. The next item is privacy which has become a hot topic as of late. The need to keep a customerââ¬â¢s privacy in tact will make them feel secure in becoming a return customer. Along with customer privacy is employee privacy. If an employee believes their privacy is intact while at work they will feel more secure as well. Lastly reliability and performance. These two will usually go hand in hand. When a system is reliable it will be able to perform as expected. Raising the performance can impact the reliability of the system and so a balance should be found and strived to be kept. This will allow the networkà to operate at peak performance while still being able to work day in and day out. Goleniewski, L., & Jarrett, K. W. (2007). Telecommunications Essentials: The Complete Global Source (2nd ed.). : Pearson Education.
Tuesday, October 22, 2019
Hunger games project Essays - English-language Films, Free Essays
Hunger games project Essays - English-language Films, Free Essays Dear Journal, Today is the day of the reaping, where we all come together to chose two victims for the Capitols annual Hunger Games. My name is the only one in the bowl so it will be chosen. Living in district twelve is hard. We are the lowest in the class system. The food is scarce, and I am the one who has to provide for my family. I cant help thinking about how the hunger games were created. There was a war that broke out, and the capitol won. As punishment, they make the districts send in two tributes to fight to the death. To the people in the capitol this is just a game, but to the districts it real. Although, the wealthy districts train for this day and see it as a chance to show their power, the lower classes are forced to sacrifice a boy and girl who can barely survive their normal life. I had no choice but to compete in the hunger games for the second time. Even though I am afraid, I will have to be brave and try to win. I keep thinking about how my family wont be able to survive while I am gone. Even though I have asked Gale to look out for Prim and my mother, I am scared they wont be able to make it if I die in the games. After the reaping, I was whisked away to the Capitol on a train. Being here reminds me how the upper wealthy class lives. They have everything they could ever need or want. This makes me feel angry towards them, even though it is not their fault, but people in my district are starving and would give anything to have just one good meal here in the Capitol. I just wish there was some way to change this, so that everybody in Panem would have enough like the capitol and the wealthy districts. Thats all for today, Katniss Everdeen
Monday, October 21, 2019
Skateholm - Late Mesolithic Site in Sweden
Skateholm - Late Mesolithic Site in Sweden Skateholm consists of at least nine separate Late Mesolithic settlements, all located around what at the time was a brackish lagoon on the coast of the Scania region of southern Sweden, and occupied between ~6000-400 BC. In general, archaeologists have believed that the people who lived at Skateholm were hunter-fishers, who exploited the lagoons marine resources. However, the size and complexity of the associated cemetery area suggests to some that the cemetery was used for a broader purpose: as a set aside burial place for special individuals. The largest of the sites are Skateholm I and II. Skateholm I includes a handful of huts with central hearths, and a cemetery of 65 burials. Skateholm II is located about 150 m southeast of Skateholm I; its cemetery contains some 22 graves, and the occupation had a few huts with central hearths. Cemeteries at Skateholm Skateholms cemeteries are among the earliest known cemeteries in the world. Both humans and dogs are buried in the cemeteries. While most of the burials are placed lying on their back with their limbs extended, some of the bodies are buried sitting up, some lying down, some crouching, some cremations. Some burials contained grave goods: a young man was buried with several pairs of red deer antlers placed above his legs; a dog burial with an antler headdress and three flint blades was recovered at one of the sites. At Skateholm I, elderly men and young women received the largest quantity of grave goods. Osteological evidence of the graves suggests that it represents a normal working cemetery: the burials show a normal distribution of gender and age at the time of death. However, Fahlander (2008, 2010) has pointed out that the differences within the cemetery might represent phases of occupation of Skateholm, and changing methods of burial rituals, rather than a place for special individuals, however that is defined. Archaeological Study at Skateholm Skateholm was discovered in the 1950s, and intensive research conducted by Lars Larsson was begun in 1979. Several huts arranged in a village community and about 90 burials have been excavated to date, most recently by Lars Larsson of the University of Lund. Sources and Further Information This glossary entry is a part of the About.com Guide to the European Mesolithic, and part of the Dictionary of Archaeology. Bailey G. 2007. Archaeological Records: Postglacial Adaptations. In: Scott AE, editor. Encyclopedia of Quaternary Science. Oxford: Elsevier. p 145-152. Bailey, G. and Spikins, P. (eds) (2008) Mesolithic Europe. Cambridge University Press, pp. 1-17. Fahlander F. 2010. Messing with the dead: Post-depositional manipulations of burials and bodies in the South Scandinavian Stone Age.Ã Documenta Praehistorica 37:23-31. Fahlander F. 2008. A Piece of the Mesolithic Horizontal Stratigraphy and Bodily Manipulations at Skateholm. In: Fahlander F, and Oestigaard T, editors. The Materiality of Death: Bodies, Burials, Beliefs. London: British Archaeological Reports. p 29-45. Larsson, Lars. 1993. The Skateholm Project: Late Mesolithic Coastal Settlement in Southern Sweden. In Bogucki, PI, editor. Case Studies in European Prehistory. CRC Press, p 31-62 Peterkin GL. 2008. Europe, Northern and Western | Mesolithic Cultures. In: Pearsall DM, editor. Encyclopedia of Archaeology. New York: Academic Press. p 1249-1252.
Sunday, October 20, 2019
young offenders essays
young offenders essays In recent years, in Canada, we have seen a gradual reduction in the crime-rate. However, every day on the radio and on TV, we see and hear of another armed robbery, another sexual assault, another drug bust, or another brutal murder. This is scary because it affects us all. We are all potential victims; we are all susceptible to these horrible crimes. Even scarier is that more and more of these crimes, the violent ones, involve young offenders. We are hearing more and more about young offenders, youth between the ages of twelve and eighteen, who are stabbing people on school grounds, sexually assaulting others, and murdering their peers. Recently, we heard the story of a young boy, only six years old, who murdered a fellow classmate in a Michigan elementary school. A few years ago, we heard of the two young boys in England who murdered a boy who was under the age of three years. The dealing of narcotics on the school ground, be it elementary or high school, is increasing. Gradually, it seems that people from every age group are becoming victims, and people from every age group are becoming offenders. Because of space limitations, this paper will deal only with a few young offenders issues. In addition, only a few aspects of the Young Offenders Act will be dealt with. The Young Offenders Act is the federal law for young people charged with crimes. Prior to April 2, 1984, the Young Offenders Act did not exist in Canada. Instead, the Juvenile Delinquents Act (which had been used since 1908) was used to deal with young offenders. The main philosophy of this latter Act was to deal with the welfare of the child. In April 1984, the Young Offenders Act was enacted and one of the major changes that took place was in the philosophy used to deal with young offenders. The Young Offenders Act recognizes that in some situations, a young offender may be deemed (by the trial judge) to be beyond rehabilitation, and a le...
Saturday, October 19, 2019
Judy Case Study Essay Example | Topics and Well Written Essays - 500 words - 1
Judy Case Study - Essay Example In this case, the nurse failed to promote due diligence and this resulted in the full cardiac and respiratory arrest of the patient. Here, Judy is a patient with acute depression and suicidal ideation and hence, she needed high quality patient care. However, the nurse did not meet the standards of quality care. To illustrate, the nurse did not notice the psychiatrist leaving the room and she was not cautious about the possibility of danger with the bathroom that had kept unlocked. Similarly, the psychiatrist neglected to inform the nurse that Judy was alone in the room. Evidently, the negligence of the nurse and the psychiatrist (ethically) compromised patient safety in this regard. The nurse was negligent for unlocking the bathroom door and allowing Judy to shower herself. The case study clearly indicates that Judy had high suicidal tendency and hence, she was admitted in a 24-hour emergency mental health unit. She made a suicide attempt there and was subsequently moved to a 15 minu te observation protocol. It clearly reflects that Judy was extremely prone to suicidal thoughts so she might make another suicide attempt at any time. The psychiatrist might not notice that the bathroom door had been unlocked as it was not her responsibility.
Friday, October 18, 2019
Physical Resource Operations Assignment Example | Topics and Well Written Essays - 6500 words
Physical Resource Operations - Assignment Example 20 yrs 500 6250 1 yr Rogers 7005 Kitchen Coolers Kitchen 6/6/2004 Jarvis 2300 10 yrs 0 2300 1 yr Rogers 7006 Kitchen Microwave Rec 6/6/2004 Poolman 350 2 yrs -100 350 1 yr Rogers 8001 Pool Rec 4/7/2004 Galliford 18650 20 yrs 200 19000 3 months Mott 8002 Pool Table Rec 4/7/2004 Galliford 3500 5 yrs -500 3000 1 yr Mott 8003 Sports Equipment Rec 4/7/2004 Galliford 1300 2 yrs -500 1300 3 months Mott 8004 Tennis Courts 4/7/2004 Galliford 16000 20 yrs 4000 20000 1 yr Mott Question 2 Outline Purchase Strategy for Heron that is transportable to larger hotels Heron Hotel Purchase Strategy: Determine funding allocations and assets that are available for the department the purchase is to be proposed too by consulting with management team and discussing limitations of the proposed budget as well as liabilities that the purchase may create to ensure that there is a balance between assets, goals and liabilities. It is important that the price of the purchase will not exceed the allocated budget without senior management approval. It is the financial department's responsibility to determine any grants, loans and fiscal liabilities that may be involved with the purchase as well as the value of the assets and services that will be acquired. For the following, develop three alternatives in vendor and resources of the proposed purchase to outline available options. It is held in utmost importance to determine, describe and present the physical characteristics of purchase and the way in which the proposal will assist the facility's goals and the departments that will be involved in the purchase. This will ensure that there is not a difference in purchase traits compared to the needs of the business. List the items involved in the purchase and evaluate the cost as it relates to... It is held in utmost importance to determine, describe and present the physical characteristics of purchase and the way in which the proposal will assist the facility's goals and the departments that will be involved in the purchase. This will ensure that there is not a difference in purchase traits compared to the needs of the business. It is especially important to determine what resources are necessary to utilize the purchase as well as determine any rudimentary costs that will be involved to determine the full cost of the purchase, state these regarding the short and long term costs and the effective outcomes. It is also important in the purchase proposal to determine the long and short term values of the purchase and the holistic effect on the facility by discussing with financial and marketing managers to ensure that it is within the resource budget and determine if any liability will be caused and if that liability can be afforded, but also ensure that it is within business and marketing strategy. Furthering on the discussion with marketing and financial officers, evaluate relationship of purchase to business goals and plans to determine if purchase will enhance or hinder the profitability of the hotel, and if said purchase is feasible within the budget limitations. Define choice of supplier from a minimum of two
Exam Essay Example | Topics and Well Written Essays - 750 words - 2
Exam - Essay Example is the pros and cons of withdrawing my services and return all the money paid by the pharmaceutical company or continue with the project and turn a blind eye to the side effects of the drug. I would not continue with the project because of guilt conscience that would torment me for the rest of my life considering that I may have contributed to the death or paralysis or even permanent brain damage of an individual due to my greed for money and fear or being bankrupt, which all add up to selfishness and individualism. It will also mean that I will be looking over my shoulders each time and jumping every time I hear police siren for fear of being incriminated as a participant. It is therefore better for me to be declared bankrupt than to ââ¬Å"killâ⬠humanity and live with anxiety and torture for the rest of my life. b) Avoidance of such a situation in future is by carrying out a complete background check on the clients before entering into any contracts with them. This will ensure the protection of the business and all the personnel there and also act to uphold the integrity of the firm or company. A blemish in the background check that could have serious implications for the firm in future should not be ignored. It is better to lose that contract then than to have future problems like the one discussed above. c) If such a scenario as the one presented above is unavoidable, it is better to have damage control strategies like having lawyers for the firm who can defend the firm in case things go haywire in future. The other way is to have an exit strategy like having invested in other types of businesses or having money saved somewhere which you can use to start a new business elsewhere. Insurance cover also comes in handy in such a situation and all these are measure to protect you, the staff and the business or firm. a) Encryption is codifying information so that others cannot be able to access it or understand it without having the code specially made for that
Thursday, October 17, 2019
Exam papers Essay Example | Topics and Well Written Essays - 1750 words
Exam papers - Essay Example PCBs are organohalogens prepared by having chlorine react with biphenyl, an aromatic hydrocarbon used as a heat-transfer fluid. These compounds are found to have high resistance toward decomposition and due to low levels of environmental degradation, PCBs proceed to dwell in bodies of water, soil, and in an organismââ¬â¢s fatty tissue. They are biologically toxic to aquatic creatures, both vertebrates and invertebrates. As a grave hazard to human health, PCBs may lead to dysfunction of liver, carcinogenic effect, dizziness, and dermatitis. Several factors may affect the soilââ¬â¢s interaction with exogenous organic compounds including soil aggregation by waste products of bacteria. Besides aggregate stability, the interactive potential or resilience of soil to exogenous organic matters may be determined further by factors as land technology used, farming system, and agricultural management employed. In the field of biotechnology, this can be demonstrated in terms of the waterââ¬â¢s reaction to break polymeric bonds such as the ester links that are often present between two amino acids in a protein. After such bonds have been broken, a hydroxyl group (-OH) in water is yielded to one of the products while carboxylic acid becomes of the other upon acquisition of H+. Moreover, the environmental degradation of endogenous substances may be hydrolytically carried out with the aid of catalyzing enzymes in the process of decomposing other polymers like nucleotides, complex sugars, starch, and even fats. Atrazine ---ïÆ' derived from the synthesis reaction involving cyanuric chloride, the chief precursor to the toxicity of atrazine, and isopropyl amine; this reaction is performed in xylene or toluene in the presence of water and addition of NaOH; Benzpyrene ---ïÆ' the new key reaction for the production of the environmentally carcinogenic benzo[a]pyrene (BaP) includes the method of coupling of naphthalene 2-boronic acid with
Theism in a Postmodern World Essay Example | Topics and Well Written Essays - 2000 words
Theism in a Postmodern World - Essay Example One, religion in ancient times was in very close relation with the secular government. For example, the pharaohs in Egypt as well as the Emperors in Rome, represented deities that had to be worshiped. They also represented high priests and performed or played a part many religious customs. The Christians' refusal to except the divine nature of the roman emperor seemed as a direct opposition to the emperor's political power, and this reason prompted the Caesars to persecute the Christian faith. The second reason is the teaching of equality and the nature of the afterlife presented through evangelism. The belief that the one omnipotent God will comfort the weak and the poor and will punish the rich and merciless aristocracy represented a social idea that quickly spread through the majority of the disenfranchised population. This was seen as a possible threat to the political power of the roman emperor and aristocracy. By the beginning of the forth century, Christianity became a widespread religion in the Roman world. This forced the roman emperor Constantine to proclaim that Christianity is a free and equal religion. Constantine himself also was baptised and became a Christian. As the empire was divided, so was the influence of the church. In the West, as the political power of the Emperor diminished, the church and the Bishop of Rome, gained larger political and cultural roles in the West Roman Empire. In the East, there was an enormous influence of the church in political matter, but nevertheless, the main secular power remained in the hands of Constantinople's rulers. During the middle Ages, the influence of the Church in state matters and in culture during the period is self-evident. Despite the Great Schism in 1054, when the church was divided in Western Roman Catholic and Eastern Orthodox, both churches retained enormous political influence. The Pope anointed Christian secular rulers in Europe, and the anointment itself presented the ruler's of Europe as rulers chosen by God himself. It also had an influence over the European continent as a whole, being the main progenitor of the Crusades, as a result of the Turkish conquests in the Middle East. As stated previously, the church and generally Christianity had a major influence on the way of life and culture in the middle ages. Paintings and other art works were exclusively of religious nature. Most literature works were connected with doctrinal law, including the writings of St. Augustine and St. Thomas of Acquitane. Another important fact that has to be mentioned is the fact that secular laws were in close connection with canonical laws. This provided the church with means to influence the lives of everyday citizens of the European kingdoms. Practicing prostitution, homosexuality or even expressing certain scientific ideas that were opposed to the church's beliefs were punished. Most notably, the existence of the Inquisition and the witch-hunts that were performed by this church institution expressed the influence the church had over the live of ordinary people. During
Wednesday, October 16, 2019
Exam papers Essay Example | Topics and Well Written Essays - 1750 words
Exam papers - Essay Example PCBs are organohalogens prepared by having chlorine react with biphenyl, an aromatic hydrocarbon used as a heat-transfer fluid. These compounds are found to have high resistance toward decomposition and due to low levels of environmental degradation, PCBs proceed to dwell in bodies of water, soil, and in an organismââ¬â¢s fatty tissue. They are biologically toxic to aquatic creatures, both vertebrates and invertebrates. As a grave hazard to human health, PCBs may lead to dysfunction of liver, carcinogenic effect, dizziness, and dermatitis. Several factors may affect the soilââ¬â¢s interaction with exogenous organic compounds including soil aggregation by waste products of bacteria. Besides aggregate stability, the interactive potential or resilience of soil to exogenous organic matters may be determined further by factors as land technology used, farming system, and agricultural management employed. In the field of biotechnology, this can be demonstrated in terms of the waterââ¬â¢s reaction to break polymeric bonds such as the ester links that are often present between two amino acids in a protein. After such bonds have been broken, a hydroxyl group (-OH) in water is yielded to one of the products while carboxylic acid becomes of the other upon acquisition of H+. Moreover, the environmental degradation of endogenous substances may be hydrolytically carried out with the aid of catalyzing enzymes in the process of decomposing other polymers like nucleotides, complex sugars, starch, and even fats. Atrazine ---ïÆ' derived from the synthesis reaction involving cyanuric chloride, the chief precursor to the toxicity of atrazine, and isopropyl amine; this reaction is performed in xylene or toluene in the presence of water and addition of NaOH; Benzpyrene ---ïÆ' the new key reaction for the production of the environmentally carcinogenic benzo[a]pyrene (BaP) includes the method of coupling of naphthalene 2-boronic acid with
Tuesday, October 15, 2019
I will send the question to writer direcly Assignment
I will send the question to writer direcly - Assignment Example The traditional marketing mix is considered to be the 4 Ps ââ¬â product, price, place and promotion. For service industries, a further 3 Ps were added (McGrath, 1986) ââ¬â people, physical evidence and processes. For the purposes of this essay, the focus will be on the four Ps, with their international variations considered as they apply to Tesco later in the essay. Keegan and Green (2011, p.399) define a product as ââ¬Å"a good, service, or idea with both tangible and intangible attributes that collectively create value for a buyer or userâ⬠. One of the key attributes associated with a product is branding, which can be useful for organisations extending operations overseas. Price is defined as ââ¬Å"a function of the demand for the product as determined by the willingness and ability of customers to buyâ⬠(ibid, p.365). For international markets, consideration must be given to price floors, price ceilings and optimum pricing. Place is ââ¬Å"the availability of a product or service in a location that is convenient to a potential customerâ⬠(ibid, p.399) although it can also include the when and how products and services are available as well. Promotion refers to ââ¬Å"all forms of communication used by organisations to inform, remind, explain, persuade and influence the attitudes and buying behaviour of customers and othersâ ⬠(ibid, p.431) and includes a wide variety of options, all of which should be used to convey and reinforce a consistent message. Tesco plc a leading food and grocery retailer in the UK operating out of 4,331 stores in 14 countries worldwide: the UK, other European countries, the USA and Asia (Datamonitor 2010b p.15). It is one of the major retailers within the UK food industry, within which hypermarkets, supermarkets and discounters hold a 61.3% by value of the market (ibid p.10). Within the UK, Tesco is perceived to have reached the extent of its expansion, so is now seeking overseas expansion to increase its
Whole Foods â⬠Strategic Plan Essay Example for Free
Whole Foods ââ¬â Strategic Plan Essay Whole Foods Market, Inc. which is headquartered in Austin, Texas, is an American foods supermarket chain it was founded by John Mackey who currently serves as the CEO of Whole Foods. To sum up their mission and vision statement, Whole foods as a company strives to help out in promoting positive health and well-being of people, this includes team-members, customers and the whole planet in general. Some of their core values include: Selling the highest quality natural and organic products available Satisfying, delighting and nourishing our customers Supporting Team Member happiness and excellence Creating wealth through profits and growth Serving and supporting our local and global communities Whole foods market is known for being a supermarket chain that strictly prides itself in being the largest natural and organic foods supermarket chain. In addition to that Whole Foods is regarded as Americas first national certified organic grocer. Whole Foods Market now owns and operates 335 retail stores, of which 322 stores are located in the US and the District of Columbia, seven in Canada, and six in the UK. (Our Values and Mission, 2014). Whole Foods competitive advantage is its broad product offerings; it offers broad selection of perishable foods which is designed to appeal to both natural foods and gourmet shoppers. In addition to that the company prides itself in offering a wide variety range of products that include a range of produce, seafood, grocery, meat and poultry, bakery, prepared foods and catering, specialty (beer, wine and cheese), coffee and tea, nutritional supplements, vitamins, body care, educational products such as books, floral items, pet products and household products. Whole Foods ability to be able to offer these range of products at all its locations has enabled the company to continue to stay competitive and maintain aà significant advantage over its competitors. In addition to Whole Foods Markets ability to continue to stay forerunner in the natural and organic grocer business, the company has also made remarkable contributions to its employees and the community. In 2009 the company received the Natural Products Associations ââ¬Ë2009 Socially Responsible Retailer Awardââ¬â¢, after which in 2010 Fortune magazine ranked Whole Foods Market at number 18 on its list of the ââ¬Ë100 Best Companies to Work For.ââ¬â¢ During the same period, the company was recognized on the Ethisphere Institutes 2010 ââ¬ËWorlds Most Ethical Companiesââ¬â¢ list. The International Association of Culinary Professionals named the company as ââ¬ËCulinary Youth Advocate of the Yearââ¬â¢ for its effort to help improve school lunches for children nationwide with its ââ¬ËSchool Lunch Revolutionââ¬â¢ campaign. The contributions discussed above has enabled the company to maintain a positive image in the community and more importantly among its own employees, I believe that these various contributions has enabled Whole Foods to remain a forerunner among its competitors. (Whole Foods, n.d). SWOT ANALYSIS Strength: Brand Recognition: This company is well known in the United States, As a result of which, anytime a whole-foods plans on opening up at a particular location, they will almost immediately start to develop a customer base. Unique Category: While organic food is creating quite a buzz worldwide, it still is fairly a new entrant in the produce world; and whole foods continues to be one of the only store that sells all organic products under one roof. Weaknesses: Lacks Global Integration: Whole-foods does well in the US, however, even though it has managed to open up a few stores in UK and Canada, it is still not as well-known elsewhere around the world. Organic Food : Even though organic food is beginning to gain popularity, I find that this is still a weakness for wholefoods, they only sell organic food items at their store, and not to mention organic food is usually more expensive than regular food we would get at the grocery store. Opportunities: International Market: Whole Foods is only in 2 other countries, UK and Canada. They always have the option of looking into some of the worldââ¬â¢s faster growing markets or even the fact that they could look into expanding throughout UK and Canada. IT Influence: Competitors of Whole Foods and even some other grocery have been striving for various ways to enrich the customer experience at their stores, one such way, is the introduction of ââ¬Å"self-checkoutsâ⬠, which enables the customer to spend less time waiting in line for a cashier. This is an area, where whole foods could look to capture the opportunity and excel in. Threats: Competitors: The list of competitors for Whole Foods keeps on increasing, most grocery stores are starting to introduce a section of organic/healthy foods section at their store, as a result of which this could begin to influence Whole Foods customer base. Gas Prices: When gas prices rise, the cost of shipping food rises, and when the cost of shipping the food rises, so does Whole Foodsââ¬â¢s operating costs. (Whole Foods, 2014). Implementation of IT into the Whole Foods Business As discussed above with the SWOT Analysis of the company, Whole Foods certainly is a very financially sound and a major player in the organic food industry, however, it is important for Whole Foods, to continue striving upon increasing/ bettering the customer experience at all of its stores. Whole Foods, has a strong customer base, however, we need to make sure that they continue to retain the customers and take measures to grow its customerââ¬â¢s base. There are at least a couple IT implementations that could be integrated with our current business model, to increase Whole Foodââ¬â¢s Customer Experience. Rewards Program: Most of Whole Foods customers currently have some type of rewards program for its customer. Consequently, if Whole Foods were to introduce this Whole Foods customers will be able to earn points that can be redeemed for discounts and store experiences, such as cooking classes, tickets to locally held Organic Trade Shows etc. (Turner, 2014). Self- Checkout Counters: Most grocery/retailers have started to have self- checkout registers, this would decrease customer wait time, and thereby, enhance the customer experience at the store. Furthermore, other advantages of self-checkout include, it takes up lessà space, it is estimated that up to six self-checkout kiosks, can take up to the same amount of space a single traditional checkout with a cashier would take. (BusinessBee, n.d.) ITââ¬â¢s assistance would be needed to implement the rewards program, we would first need to create a way that customers could access the Whole Foods Rewards Card using a mobile/tablet app, a physical card ( with barcode) and on the website. Customers could earn points/ coupons, for every dollar spent at Whole Foods, you would earn 1 ââ¬Å"Organic Pointâ⬠, after you have accumulated a certain number of ââ¬Å"Organic Pointsâ⬠, it could be redeemed for various different things at the store, some of which include, tickets to Whole Fo ods Quarterly Organic Trade Shows, Cooking classes, Discounts/coupons at the store etc. Whole Foods as a company continues to excel, although we need to ensure that we as a company are staying ahead of our times and continuing to keep our focus on enriching our customerââ¬â¢s experience when they visit their local Whole Foodââ¬â¢s store. References BusinessBee-The Pros and Cons of Using Self-Checkouts (n.d.). Retrieved September 20, 2014. Company Info. (2014). Retrieved from http://www.wholefoodsmarket.com/company-info Our Values and Mission. (2014). Retrieved from http://www.wholefoodsmarket.com/careers/our -values-and-mission Turner, N. (2014, September 15). Whole Foods to Test Rewards Program as Competition Grows. Retrieved September 20, 2014. Whole Foods Market: Strengths, Weaknesses, Opportunities, Threats. (n.d.). Retrieved September 20, 2014.
Monday, October 14, 2019
Concepts of Scarcity and Choice
Concepts of Scarcity and Choice Economics can be defined as the study of the practical science of production and distribution of wealth ( J S MILLS). The objective of all persons is to earn money by working in order to satisfy their wants. Unfortunately people earnings are never enough in order to satisfy their unlimited wants as there is a lack of resources in terms of workers, raw materials, time, and money in order to produce all the products that we would like to acquire which causes the problem of scarcity. SCARCITY AND CHOICE Scarcity is a relative concept that is resources are scarce relatively to unlimited wants. The problem of scarcity exists in all dimensions that are in terms of individual, society as well as countries. For example as far as individual is concerned in search of improving our standard of living we are always striving to have better and more luxurious shelter, latest fashion clothing, full option types of transport, better health care etc but due to limited resources we cannot satisfy all these wants and in terms of countries Governments are always having difficulties in choosing where to invest there are too many necessities to fulfill due to lack of resources. As a result of scarcity each and every person as well as the Government needs to make a choice so that the limited available resources is used efficiently. OPPORTUNITY COST As a result of the lack of resources and the problem of scarcity, we have to choose and decide which products or services are most important for us to buy with the limited amount of money we earn and which ones are less important that we could forego. As in define by Susan Grant Opportunity cost is the cost of a decision in terms of the best alternative given up to achieve it. Say if I have one hour free time during which I can either go the cinema or at the seaside, if I choose going to the cinema then the next best alternative forgone is going at the seaside. Quantity of Good X Given a production point on a PPC (A). If a country chooses to produce more of good X- in other words moving to point B on the PPC, this can only be possible by decreasing resources out of the production of good Y to the production of good X, implying a reduction in the quantity of Y produced. Therefore in order to produce more of good X, a country needs to give up some amount of good Y. In other words there is an opportunity cost of producing more of good X. Opportunity cost of producing X X1 of good X= Y Y1 of good Y. Micro Economics Micro Economics is the study of the behaviors of individuals and companies in line with income, profits, prices of available goods and services. These behaviors are directly related to supply and market as well as taxes and regulations impose by the Government. For example in the case of an individual Micro Economics examines how the latter make decisions on which products or services to buy depending on his income and as regards to a company it is the study of how the decision makers minimize production cost so as to offer competitive prices on the market. Macro Economics Macro Economics, on the other hand is the study of economics at a larger scale that is how a national economy works and its direct impact on growth in national income, employment and price inflation. In other words Macro Economics can be explained as the global decision making of the Government and its impact on aggregate demand. For example, macroeconomics would look at how an increase/decrease in net exports would affect a nationsÃâà capital account or how GDP would be affected by unemployment rate. (http://www.investopedia.com). TASK 2 How demand curve is derived. In order to determine how a demand curve is derived we need to know what demand is. Demand is the willingness of potential consumers to buy goods and services at different level of prices. Figure 2 shows a demand curve The figure below shows what the demand for apple at different prices is. The curve illustrates that when Price of an apple is at $1 demand is 53 Price of an apple is at $2 demand is 38 Price of an apple is at $3 demand is 27 Price of an apple is at $4 demand is 17 Price of an apple is at $5 demand is 10 Thus we can deduce that normally the lower the price of an apple is offered at the higher is the demand and conversely the higher price of an apple is offered at the lower is the demand. Demand is inversely related to price that is in this case demand of the apple is inversely related to price of the apple. Normally producers of a specific product need to study the demand curve of that product so as to decide the number of unit to produce taking into consideration production cost. With regards to demand producers will produce the product in demand provided The amount of a particular economic good or service that a consumer or group of consumers will want to purchase at a given price. The demand curve is usually downward sloping, since consumers will want to buy more as price decreases. Demand for a good or service is determined by many different factors other than price, such as the price of substitute goods and complementary goods. In extreme cases, demand may be completely unrelated to price, or nearly infinite at a given price. Along with supply, demand is one of the two key determinants of the market price. Read more: http://www.investorwords.com/1396/demand.html#ixzz1Dpf4aWxl
Sunday, October 13, 2019
Mughal Emperor Akbar Essay -- Emperors Akbar India Essays
Mughal Emperor Akbar Topic: What were the contribution of the Mughal emperor Akbar to the creation of an Indian national Identity? What were the greatest obstacles to his achievement in this? The greatest of the Mughalââ¬â¢s emperors, Akbar, attempted the creation of a national identity for India by his numerous reforms, literal and cultural development, and policies of integration and organization. His reforms included a liberal policy toward the non-Muslims, religious innovations, the land revenue system and the famous Mansabdari system. His policy of religious toleration became the most significant aspect during his reign. Akbar established a new religion, the Din-i-Ilahi. But Akbarââ¬â¢s attempt to create a national identity and a social equilibrium through his religious and political innovations was met with many obstacles and much opposition. Akbarââ¬â¢s approach to the problem of effectively governing a vast empire, made up of various ethnic groups, was to identify his interests with those of the country and set himself to unite all his subjects. Akbar introduced a policy of reconciliation and assimilation of Hindus, who represented the majority of the population. Akbar understood the importance of tolerance, which was paramount to his dynastyââ¬â¢s long-term viability. The Hindus could only be reconciled by equality of treatment and respect for their institutions. Their employment was beneficial to the empire, as many were better businessmen than the Muslim invaders who were uneducated. Having defeated the Rajputs, the most militant of the Hindu rulers, he allied himself with them, by recruiting many capable Hindu chiefs with the highest ranks in government and by conferring honours upon them. To further build alliance with the Rajputs, he encouraged intermarriages between Mughal and Rajput aristocracy, setting himself as an example by marrying daughters of three leading Rajput chiefs. Akbarââ¬â¢s acts of tolerance were aimed at the Hindu community as a whole and not just at the Rajputs, who became one of the pillars of the empire. His efforts to win over the Hindu population included reforms like, allowing all Hindus to practice their own religion without disturbance, and Akbar further flattered them by personally participating in the ... ...letely destroyed by his great-grandson, Emperor Aurangzeb . - 2000 words - Assessment 84% - Has never been submitted anywhere except to the university for assessment. BIBLIOGRAPHY SECONDARY SOURCES Allan J. & Dodwell H.H., The Cambridge Shorter History of India, London, Cambridge University Press, 1934. De Riencourt, Amaury., The Soul of India, Revised edn., Great Britain, Honeyglen Publishing, 1986. Lamb, Beatrice Pitney., India: A World in Transition, New York, Frederick A. Praeger, 1963. Ratman, T., Report on India, London, Oxford University Press, 1943. Rawlinson, H.G., India: A Short Cultural History, New York, Frederick A. Praeger, 1952. Thapar, Romila., A History of India, vol. 1, London, Penguin Books, 1990. Watson, Francis., A Concise History of India, Great Britain, Thames and Hudson, 1974. accessed 5 August, 2004. accessed 5 August, 2004. accessed 4 August, 2004. accessed 5 August, 2004. accessed 4 August, 2004. accessed 2 August, 2004. accessed 27 July, 2004 accessed 25 July, 2004. accessed 25 July, 2004. accessed 28 July, 2004. accessed 2 August, 2004
Saturday, October 12, 2019
Human Resources Challenges Essay -- Business Management
Introduction Some of the challenges that organizations' human resource department face are, operations, policies and procedures and selecting highly qualified candidates. Management depends on human resource department to select candidates through recruitment, interviewing and application screening. I will discuss a few methods that human resources departments use to select potential candidates through credit reports and social media. Credit Reports Organizations have been using traditional recruitment methods, placing help wanted ads in newspapers to look for potential candidates. Human resource department application selection process requires candidates to go through an interview, background check and credit investigation. The reason organizations do a credit investigation is to make sure candidates are creditable and trustworthy. By conducting a credit investigation human resource department can compare information on a candidateââ¬â¢s profile to make sure it coincides with information on their credit report. A good credit report would consist of no judgments, bankruptcy; pass due payments or any repossession. Base on the application process, this would be the ideal candidate for the job. Organizations will not hire candidates if their credit report, reported any negative blemishes. Organizations would be afraid if candidates had a lot of blemishes on their report, it would cause issue for the company, especially i f their job required a candidate to handle money transactions. Organizations view candidates as if they were having trouble handling their personal money affairs, they could not be trust to handle the organizations reasonabilityââ¬â¢s. Human resource department would not hire a highly qualified candidate wit... ...ponsibilities within an organization, the challenges they are face with is recruiting the right candidate for the position. It requires application screening, interviewing, background, and possible credit investigations. However there are many recruitment tools human resource departments can use to recruit candidates, social media, been the most popular. With so many challenges human resources face it is important to make sure they hire highly qualified candidates. Works Cited Fairley, J.. (2010, November). EMPLOYERS FACE CHALLENGES IN SCREENING CANDIDATES. Workforce Management, 89(11), 7. Retrieved November 22, 2010, from ABI/INFORM Complete. (Document ID: 2188682971). Sheehan, P.. (2010, October). Social recruiting targets job candidates. Long-Term Living, 59(10), 31. Retrieved November 22, 2010, from ABI/INFORM Complete. (Document ID: 2176149381).
Friday, October 11, 2019
Esraa ali
The Dubai Mall Dubai mall is one of the biggest malls in the world, and the biggest mall in the UAE, it's located in Dubai near of Khalifa Tower. It's an amazing place, a lot of people visit Dubai to see Dubai mall. Dubai mall includes more than 1,200 shops and most of them are expensive but some of them are affordable.Clothes shops such as Mark & Spencer and H&M, sports stuffs such as Nike and Puma, Electronic shops, Candy stores, Shoes shops such as Aldo, Shoe Mart and Crocs , And for sure baby shops such as Mother care and many others . In the 2nd floor, there where you can find the Food Court which filled with many different kinds of restaurants, Fast food restaurants such as Shack Shack and MacDonald's, Family restaurants such as Chilies, Chinese food restaurants such as Bamboo Garden restaurant and Indian food restaurants such as Maharaja Palace.Dubai mall even includes Mexican food restaurants such as Amrigds and healthy food restaurants such as Subway for those who likes to k eep their selves fit. Finally its worth to mention that Dubai mall includes a very large entertainment place such as Dubai Aquarium And under water Zoo for an amazing experience in he underwater world, The Ice rink , the Shark tunnel, and for sure Cinema with a large screens and more than 2,800 seats for the movie lovers ! its worth to mention that Dubai mall entertainment court includes a fast roller Costar which can give you an unforgettable ride. And near of it there where you can find the Kids Playing Court. To conclude, Dubai Mall is a perfect place to have fun and to spend an unforgettable day, in my opinion the view of the Dancing fountain in the mall is very adorable. It's a perfect place to enjoy and to have a very good shopping experience.
Thursday, October 10, 2019
Evolution of Management Thinking Essay
It was an era where so many alterations in the world Economy took place. In the closing decades of the 19th century there was a quest of seeking innovative ways to increase organizational efficiency and effectiveness. The Scientific Management Theory initiated on the basis of that. In this period of time crafts production was substituted by large factories in which a lot of technical revolutions have been taking place. The owners and managers were not capable of coping to these challenges therefore they hunted for advanced techniques to overcome this situation. As a solution the concepts of Job Specialization and division of labour came about. In this scenario workers who specialized in their respective tasks became more skilled. The Scientific Management Theory Fredrick W. Taylor was the architecture of the concept Scientific Management, ââ¬Å"The systematic study of relationships between people and tasks for the purpose of redesigning the work process to increase efficiencyâ⬠. It was believed that the most effective and efficient division of labour could best be determined by the concept of Scientific Management. There were four core principles in this concept. * Investigation and experimentation on organization performance * Codification of new methods/standards * Selection of employees according to codified standards * Establishing a level of performance and a pay system with rewards In 1910 most of the organizations were using this concept but selectively. Even though there was an increase in performance some disputes about this concept lead to an increase in trade union involvement. There were some major issues in this concept. * Availability of fewer jobs * Job dissatisfaction * Distrust among employees and employers. Some organizations redesigned the principles according to their vision. For example introduction of moving conveyer belts in Henry Fordââ¬â¢s factory can be taken in to consideration. However these approaches were not able to solve the emerged issues. Nevertheless Taylorââ¬â¢s work had a lasting effect on management production systems. Frank Gilbreth and Lillian Gilbreth who were the successors of Taylor studied how the working environment influences the performance of the employees. They made a heavy contribution in time-and-motion study. They demonstrated that by following arrangements organizations can solve their issues effectively. * Breaking up each job action into its components. * Finding better ways to perform the action. * Reorganizing each job action to be more efficient Administrative Management Theory Researchers attempted to discover how to create an organizational structure that leads to high efficiency and effectiveness. Theory of Bureaucracy was developed by Max Weber as a succession of these researches. Bureaucracy is basically a formal system of organization and administration designed to ensure efficiency and effectiveness. There were several principles in this theory. Weber identified several factors there should be in a bureaucracy system. Simultaneously Henry Fayol identified 14 principles that should be vital to increasing the efficiency of the management process according to his perspective. These studies of Fayol and Weber laid the foundation of modern management theory. Behavioural Management Theory This is the study of how managers should behave in order to motivate employees and encourage them to strive towards high levels of performance as an organization. In the previous theory there wasnââ¬â¢t a major concern about the employee viewpoint. Thus Mary Farker Follett explained why it is important to think about the human side of management. According to the studies of Follett managers should behave as coaches and facilitators ââ¬ânot as monitors and supervisors and the importance of direct inter communication between managers of different departments to make speedy decisions. She also promoted the concept of ââ¬Å"cross functioningâ⬠which has been used in a great scale at present. Hawthorne effect is the discovery that a managerââ¬â¢s behaviour and leadership approach can affect the level of performance of employees. From this study emerged the concept of human relations movement. It is basically how the supervisors should be behaviourally trained to spice up workerââ¬â¢s motivation, cooperation and increase their productivity. Informal organization is one of the implications of Hawthorne effect. This is the system of behavioural rules and norms that come out in a group. The study of factors that have an impact on how individuals and groups react to in organizations has been identified as the organizational behaviour. Apart from these mentioned here the most significant approach was developed by Douglas McGregor. He supposed two different sets of assumptions which were named as Theory X and Theory Y. Management Science Theory This is a modern extension of Scientific Management Theory in this approach describes how precise quantitative techniques can be used in order to make the best use of organizational resources. Quantitative management emphasises on how arithmetic can be manipulated to achieve best practises in inventory and financial capital control. Operations management presents a set of techniques that can be utilized to improve production efficiency Total quality management focuses on the art of how the whole can be managed to achieve excellence. Management information systems provide the managers with adequate information about internal and external events of an organization to effective decision making. Organizational Environment Theory This is the set of conditions and forces that functions externally to the organization but affect a mangerââ¬â¢s capability to acquire and utilize resources. This clearly stresses on how important it is to study the environment. The open systems theory and contingency theory developed in 1960 ascertains the importance of the importance of studying the environment. The Open ââ¬âSystems View This is a system where external resources are acquired and converted into goods and services then sent back to customers for purchasing. And the cycle carries on. This system is considered as an open system. Organizations which use a closed system are likely to experience entropy, the tendency of a system to lose its ability to control itself and thus to dissolve and collapse. Contigency Theory It discloses that there is no best way to organize therefore characteristics of the environment affect an organizationââ¬â¢s ability to obtain resources. Types of structures Above describes the differences between the structures. In conclusion managers in a Mechanistic structure can obtain inputs at a lower cost preferably in a stable environment and managers in an organic environment can react more quickly in a rapidly changing environment. These contributions constructed the foundation of modern management theories. References: New Era of Management Concepts and Applications 2nd Edition Richard L. Daft, Vanderbilt University Contemporary Management fifth edition Gareth R. Jones, Texas A & M University Jennifer M. George, Rice University
Wednesday, October 9, 2019
End of Year Academic Goal Essay Example | Topics and Well Written Essays - 750 words
End of Year Academic Goal - Essay Example I have selected this goal because students are acquiring knowledge without key implementation, which is detrimental to their learning behavior. Working with children with special needs is different because it relies on different strategies to achieve the learning goals. Undoubtedly, patience and hard work are required. However, I strongly believe that students must be able to apply the theories and pedagogies they learned at school in real life. Children with special needs require more attention. Based on careful analysis, everyday conversational skills such as writing, reading, and collaboration can truly solidify the foundation of the studentââ¬â¢s cognitive and linguistic skills. Thus, the goal would be to create customized programs for them so that their needs are accommodated. Strategies I firmly believe that implementing methodologies acquired at school initiates from giving students real life examples. As a student myself, I had a huge challenge acquiring and embedding thes e skills in actual life. In order for students to implement these strategies, it is crucial for them to get exposed to real-life scenarios in which they can be able to compare and contrast their acquired skills. For instance, increasing their proficiency would mean placing them individually or in small groups and explaining the concepts to them through real-life methodology. If they are able to translate the terms and ââ¬Å"jargonâ⬠they acquired in class, I highly believe that this issue can be addressed. The next main thing would be to collaborate. Collaborating is undoubtedly essential in order to thrive in any profession as the thoughts of ideas, knowledge, and practices are exchanged. Quite often, students struggle to socialize in a pre-dominant learning environment. Hence, the true goal here is to foster an environment in which peers collaborate with each other that can critically be a constant reminder of their ever-growing knowledge. Researchers believe that auditory a nd verbal comprehension skills are two key aspects that a special kid needs in order to thrive and gain knowledge. Thus, the focus will be centered on Differentiated Instruction at the middle school level. Indisputably, each student has a unique set of literacy development needs. At this level, the focus will be to break down students in groups of 5 or less and harness their reading skills by teaching the group a special skill. Moreover, planning the lessons in which real-life problems will be discussed will be focused upon young people. Furthermore, modified and customized lessons along with telling the students to either discuss or write a summary will be enacted. Teachers can generally focus on teaching their students the basic fundamentals of the syntax and not worry about adding complex words and definitions that complicate the process. Teachers can add academic value to these lessons by integrating simple jargon that is easy to comprehend, acknowledge, and implement. The use o f story problems and application methods should also be enacted. Lastly, it is essential that the students best practice their skills when engaged in a group environment. Goal is not reachedâ⬠¦ In these particular situations, it is crucial to utilize an alternative method of assessment to determine the studentsââ¬â¢ learning comprehension. If students are not up to par with their academic proficiency, there will be drastic changes. It is undoubtedly a struggle for children with special needs
Tuesday, October 8, 2019
Education Technology Essay Example | Topics and Well Written Essays - 500 words
Education Technology - Essay Example Also even if the students are willing to go to school despite these situations, they are unable to attend because they are needed in the farm or in the chores in their homes. It is in these situations where governments and education sectors should involve the use of technology in providing education. There are a number of NGOs and multinational companies who are willing to fund projects in relation to these. In the Philippines for example, a television network partners with generous organizations in bringing Sineskwela or School on Air to remote areas (Sineskwela, 2009). The Sineskwela is an educational show, covering all the various subjects of primary education delivered through dramatizations and a lot of visual effects. The objective is to make learning fun and interesting and delivering it not only to formal schools but to homes as well and to those who have no access to quality education. Some organizations are providing computers and television sets to schools located in depressed areas all over the world. In India for example, a lot of organizations have been donating computers to schools that do not have sufficient funds to provide computer education or at least use computer technology in delivering classroom teaching (Agarwal, 2007). These are instances where technology is used in carrying out the teaching and learning process, both as a support to the teaching and also as the teaching process. Technology has been recognized all over the world to be that powerful force in bringing about change, and in this case, change in the educational system. The use of technology in education has been around for quite a while and has already been institutionalized in the sense that this is incorporated in teacher education curricula all over the world so that teachers will be equipped with the necessary skills and know-how with respect to the use of technology in education. Virtual classrooms and distance learning or
Monday, October 7, 2019
Systems Analysis and Design Essay Example | Topics and Well Written Essays - 500 words
Systems Analysis and Design - Essay Example Sitting meditation along with the appliance of mindful awareness in daily activities can also be considered as mindfulness. Mindfulness can be used in childrenââ¬â¢s treatment to decrease anxiety as well as a coping means when we face emotional pain or distress. There are several methods of meditation: Yoga, breathing exercises, and guided meditations. In general, mindfulness can be used as a tool for improved self-care as well as professional growth. Social liberation needs an increase in social alternatives or opportunities, particularly for people who are quite oppressed or deprived. For example, empowerment procedures should be used to encourage people to use contemplative practices as a way of relieving stress. The benefits or advantages of deploying contemplation techniques in daily life should be advertised all over to so that people may log into the website and learn more about contemplation. So as implementation of contemplative practices system is effective, all obstacles that may hinder its usersââ¬â¢ accessibility should be removed. An example is a persuasive system which influences usersââ¬â¢ perceptions, behaviors, and various strategies towards different results and behavior change. The website should be easy to log into and view the practices. Besides, the web page should be attractive so as users can stay on the page for long time and also invite other friends to view the page. This will increase the effectiveness of the system. Reinforcement Management offers consequences for moving towards a positive direction. It relies more on reward than punishment. To deliver this contemplative system effectively, users are supposed to be reinforced by thanking them for using the ââ¬Å"mindfulâ⬠techniques in improving their cognition. For instance, those who book for yoga classes should be encouraged and given extra time or decreased payments so as to encourage them to attend more classes. The
Sunday, October 6, 2019
State-Building and theOperation of the Market Essay
State-Building and theOperation of the Market - Essay Example Since then, international state-building has become acceptable because the condition had called for it. Today international state-building has seemed to change the understanding on the operations of the market; yet a deeper analysis on its arguments essentially reveals how capitalism manoeuvres to get over with its present crisis. In short, international state-building is a framework that further strengthens the relationship of the state and capital to ensure the pre-eminence of free-market economy in which the US remains unchallenged. International State-building State-building, a concept in state theory first used at the end of Cold-War, pertains to deliberate interventions by national or international forces meant to capacitate and strengthen weak/fragile states and state institutions thereby making them functional (Jones & Chandran 2008, cited in Menocal 2009, p. 2; Caplan 2004, p. 53; Lotz 2010, p. 219). Current world events ââ¬â e.g. ... 16). In his book, International state-building: The rise of post-liberal governance, Chandler (2010) noted, how the world today has grown more acceptable of international state-building not only as a reactive response to reconstruct war-torn or conflict-ridden states but more as a preventive mechanism to save states from possible economic and political collapse (p. 1). What made this so, Woodward (2011) traced back to the end of Cold-War and the collapse of the USSR, which had resulted to violent break-up of socialist states, beginning with Yugoslavia in 1991. These chaotic disintegration of the USSR simultaneous with the humanitarian crises in Sudan and Somalia had reversed the view toward the state of major world powers and their international machineries for security (UN, NATO, EU) and finance (IMF-WB) ââ¬â The strong and totalitarian states are no longer viewed as the primary threat to international peace and prosperity; today the considered problem states are the weak/fragil e ones, because as they fail to secure the needs of their people; they cause so much human suffering and chaos, resultantly preventing the smooth operations of the market, thus threatening international peace and prosperity. Within this premise, international state-building ââ¬â through which international aids were diverted to conflict transformation by building-up government capacities and institutions ââ¬â was then made acceptable and until lately was seen necessary. (p. 316) This changed perception of the state, Chandler (2009) explained, had redefined sovereignty as no longer pertaining to a nationââ¬â¢s political independence, but to state capacity. Thus sovereignty is perceived no longer as a ban but
Saturday, October 5, 2019
Comparison Between Structure and Function of Human and Animal Eyes Assignment
Comparison Between Structure and Function of Human and Animal Eyes - Assignment Example This essay stresses that the human eye is adapted to sense different colors and lights of various intensities and adjust according to brightness. Color and light vision involves the simultaneous interaction between the two eyes and brain. When light from the object hits the eye, it is focused by the cornea and lens elements that form transform it to an inverted image. The image successfully transverses the aqueous humor, crystalline lens, gelatinous vitreous body, and vascular ad neuronal layers before it is focused on the surface of the retina. Rod and cone cells found in the retina detect the image, translate the light into a series of electrical signals, and transmit the signals to the brain. This report makes a conclusion that vision is insidious in the animal kingdom since; it is the sensory organ that is relied upon in finding reproductive mates, suitable food, shelter, and escaping from predators and danger. The study of human and animalââ¬â¢s eyes show wild disparities in their mode of vision and anatomical features. Human vision is presented as sometimes ineffective as in detecting infrared and ultraviolet lights, or overly sophisticated than that of felines. This study is important to help researchers to find cure for human eye diseases and explain the adaptation of animals to their environment. The visual perception of living creatures is dependent on how they process light using their photoreceptors.
Friday, October 4, 2019
Jumping Rope in Physical Education Settings Essay Example for Free
Jumping Rope in Physical Education Settings Essay This article by Susan B. Nye was written to educate all students that jumping rope is an activity that can be fun and enjoyable. The overall layout of this article I thought was well constructed. The article begins with background information about jumping rope and why it is important to incorporate jumping rope in the classroom as well as why it is considered a lifelong physical activity. Then the article shifts toward the basics of jump roping which is laid out in an easy to follow guideline. Moving on, the article shifts to the safety procedure that comes with jumping rope. Then lastly, the article shifts to more advanced jump roping activities that can be played that are fun for all students once each student has shown that they understand the basics and the Ready-Set-Jump protocol. The safety procedure that this article focuses on is described by Susan B. Nye in a three step process called the ââ¬Å"Ready-Set-Jumpâ⬠protocol. The author did a great job when writing this article so that either a public or private schools can understand and incorporate jumping rope into the classroom. The article states that jumping rope is an inexpensive way to engage students in a lifelong physical activity. After reading that I was shocked to believe that jumping rope was considered a lifelong physical activity. I also did not know that according to this article that depending on the students jumping pace, an individual can burn an estimated 11 calories per minute. Along with burning calories I did not realize that there are different various types of rope: beaded, speed long handled ropes that were mentioned in this article. The beaded jump ropes are designed for beginning learners because they have a slower rotation rate. They are also better jump ropes for rougher surfaces. Speed jump ropes are inexpensive which can be fit into even the smallest school budgets. The benefits of the speed ropes are that they turn easier and can be easily adjusted to fit all students. The long handled jump ropes are great for beginning to perform tricks such as the criss-cross. The one aspect of the article I really did enjoy reading was the explanation of the safety procedures that are associated with jumping rope. The article describes the safety procedure for jumping rope as a ââ¬Å"ready-set-jumpâ⬠protocol. The goal of the ââ¬Å"Ready-Set-Jumpâ⬠is for students to utilize this protocol outside of class to remain safe and have fun. The ready stage in the safety protocol reminds students to fit their own jump rope and to correctly hold the jump rope. Holding the handle by your thumb and index finger is the proper way to hold the jump rope. Correctly measuring the jump rope is another key component to the safety protocol for jumping rope. I did not know this but there are three different measurements: standard, chest and lower rib cage when measuring for the correct jump rope length. The standard measurement is for the beginning learners; the shorter the rope the faster the revolutions per second. The second stage in the safety protocol is called ââ¬Å"setâ⬠. In this stage students reinforce self space. The proper self space when jumping rope is two feet above your head, three feet on each side of your body and five feet in front and behind of the individual. The last stage of the safety protocol is simple it allows the students to know that it is time to jump rope and have fun. Jumping rope is considered being a high impact activity that requires coordination, balance and endurance. Jumping rope may be hard for younger students simply because it requires two skills: rope turning and jumping. The most effective way to implement jumping rope in your classroom is to teach it as a station or an instant activity but for short amounts of time no more than three to five minutes long. In conclusion, I totally agree with this article that if implemented properly in the classroom, jumping rope can be a high impact and inexpensive way to engage students in a lifelong physical activity. The author of this article did a great job with the overall organization of the information because it was in an easy to follow format for anyone to read. I can honestly say after reading this article I have a greater knowledge of how effective incorporating jumping rope can be in the classroom for all students.
Thursday, October 3, 2019
Law for Standard Form Contracts in Businesses
Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of à £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife à £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of à £65,000 a year; he had meant to offer it at à £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno Law for Standard Form Contracts in Businesses Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of à £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife à £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of à £65,000 a year; he had meant to offer it at à £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno
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