Leadership in me Essay Example | Topics and Well Written Essays - 1000 words

Leadership in me - Essay Example A good leader develops through a continuous process of education, self-studying, training, as well as experience. Leadership styles vary, and that is why it is necessary for a person to understand and know their leadership style, and how their specific leadership affects their workplace. Leadership is influenced by various factors, and that is why it is vital to know how as well as why your style of leadership is what it is. There are numerous contributors involved when dealing with development of leadership styles within a person. According to Myers Brigg (MBTI- Myers Briggs Type Indicator), my leadership style of which is ESFP (extraverted, sensing, feeling, perceiving) is considered to be that of a personality type of which is one of the 16 types of personalities. People who have ESFP type personalities are frequently described as outgoing, spontaneous, and resourceful (Lester, 1975). ESFP has its characteristics, and the MBTI has four main areas in which it looks at preferences of personality, namely :(1) introversion versus extroversion, (2) feeling versus thinking (3) intuition versus sensing, and lastly perception versus judgment. ESFPs have a tendency of being very resourceful and practical. They prefer hands-on learning experiences and tend to hate learning from books as well as discussions based on the theory. When problem solving, they put their trust in instincts and personal abilities to solve solutions. Although they are quite reasonable as well as pragmatic, they hate structure, planning, and order. Instead, they prefer to act spontaneously, and spend less time formulating plans or schedules. ESFPs as extraverts like spending time with people and have great interpersonal skills. They are great at understanding people’s feelings and know how to respond their emotions differently (University of Saskatchewan, 2014 p. 1-2). Therefore, we can say that, ESFPs make incredible leaders and know how to mobilize, persuade,

Learning Assessment Systems Assignments (LASA) Assignment

Learning Assessment Systems Assignments (LASA) - Assignment Example The class is composed of an instructor or teacher who facilitates the achievement of unit objectives and the desired learning outcomes. This is achieved through an understanding of the needs of every student within the learning process so that these needs would be met as effectively as possible. This will allow the students to acquire the learning material and use the educational resources for effectiveness in the learning process which is congruent to individual needs. The chart below demonstrates the elements of diversity and the consequent variations or differences which are represented within classrooms. As illustrated on the chart above, there are differences among students in eight grades as defined by the depicted demographics. This means that the instructor must take into consideration these differences in the teaching process. In this regard, there are specific exceptionalities which will be extended to various categories of students especially among those with physical or m ental disabilities. These exceptions include the application of a specific teaching methodology which is aimed at ensuring that the unique needs of students within each category are effectively met during the learning process. ... The various events as postulated by Gagne will represent the procedures which enable the achievement of the desired learning goals and outcomes of the learning process within the unit. Operant conditioning as an effective theoretical framework will be employed in the design of the unit plan. The unit will run for a period of two weeks which means that the goals and the objectives as designed within the unit plan have to be met within this period. Unit Goals 1. Achievement of an understanding and comprehension of the past 2. Ability to interpret and analyze past events 3. Understanding decisions of the past and achieving accuracy in judging them 4. Comprehending the diversity which exist within the society including people, cultures and geographic locations 5. Ability to discuss the ideals which represents the American democratic society Unit Objectives Operant conditioning will be used by the teacher to ensure that the students achieve the learning objectives as effectively and effic iently as possible. Through operant conditioning, students are allowed to determine the gains which they will acquire in achieving specific objectives and the related consequences in failure to achieve these objectives (Shields & Gredler, 2008). Therefore operant conditioning will be employed in this unit to motivate the achievement of the following objectives by the eighth grade students. 1. To provide ground for student participation in puzzles, games and interactive learning as the most effective stimulating activities in gaining knowledge on the civil rights movement. 2. To achieve an ability to recognize the key personalities, places, participants, players and events which were involved in

Thomas Edison (1847-1931)

Thomas Edison (1847-1931) Genius is one per cent inspiration and ninety-nine per cent perspiration. Every phase of human life uses at least one of Edisons inventions. Edisons determination was important in his success as an inventor. His determination includes his work time, not giving up after so many failures, and setting goals, including keeping his word and having his mind set. There are seven main points about Edisons determination in which I wish to focus on. One of the most important points was his strong commitment and not giving up. Another important point was that he stuck to his plan, had his mind set on what he wanted to achieve and didnt let other things bother him. Edisons determination was so strong that he never let failures distract him or stop him. Unlike other people, his determination was so powerful that he focused solely on what he set out to do, which was to invent. Edison never let money get in his way. He invented whether he was penniless or had tons of money. Edisons determination also affected another reason of why he succeeded; reading. Edisons determination was the main reason of why he pulled through the days when he was a telegraph operator. He never let being fired so many times because of his experiments discourage him. Inventing was his true desire and he never let it go even if it meant not having a job. The most important and the base of all the other points is his time commitment. If he didnt push himself to commit all that time into his work, he never would have been able to be as successful. Now I will describe each point in more detail. Thomas Edison is known for coming up with lots of inventions that changed our lives. The light bulb and phonograph are among the most famous. But if he had given up after he couldnt find the solution from a few tries, he probably wouldnt have invented anything. For example, in December 1914 there was a huge fire at Edisons factory buildings in West Orange, New Jersey. Tanks of chemicals and almost everything else was burnt up. At the time, he was 67 and could have easily given up and retired. But he said I am sixty-seven, but Im not too old to make a fresh start. The next day, he was a bundle of energy. He directed more than one thousand men to clear away the debris. That showed something about the mans determination and his passion for inventing. He stayed positive throughout this event. He got everybody to come see the fire because they will not see a fire this big again in their lives. Another event also showed his determination and not giving up. When Edison worked on the Grand Trunk Railway, he sold papers and snacks to the passengers and eventually set up a chemical lab and his own printing press in a baggage car. But one day, a dangerous poison fell from a shelf and when exposed to air, it started a fire in the baggage car. The baggage-master rushed to the scene and became so angry with Tom that he picked up all his stuff and threw it out the door including young Tom. But Tom didnt give up. He soon became very close with the baggage master and was working again. Another example showed Edisons determination. Once, he was really into using magnetic separators to extract low-grade iron ores. He even founded a mining town named Edison but it soon had to be shut down because of debts. Edison lost over one million dollars in this project but he stayed positive and said that he had a good time spending it. The biggest example of Edison not giving up would be when he invented the light bulb. He began with studying gas lighting and filled out two hundred notebooks containing over forty-thousand pages. He then filled Menlo Park from floor to ceiling with battery cells, chemicals, and instruments. Along with that he had fifty men at work with no sleeping and food brought to them. He tried for months with thousands of different filaments until he found that thread burned for about forty five hours. He then was determined to make it one hundred hours. In the end, his carbon filament burned for one hundred seventy hours. Without doubt, Edisons determination of not giving up had definitely been important in his success. As one of his famous quotes say, Many of lifes failures are people who did not realize how close they were to success when they gave up. Edison was very focused and had his mind set to what he wanted to achieve. He always kept his word and stuck to his plan. He set goals for himself and achieved these goals. An event which showed Tom concentrating and not letting other things bother him would be his hearing loss. Many experiences in his early life worsened his hearing. These include Tom suffering from scarlet fever when he was a boy, the baggage master boxing his ears when he started that fire on the baggage car, and a conductor lifting him by his ears to try to help him get on the train one day because he was late. Tom became about eighty percent deaf in the end. But he stayed positive and said that this contributed to his success because he could concentrate better when not hearing any noises. An example of his goal setting would be when he bought an invention factory in Menlo Park, New Jersey. When he bought that land and built his invention factory on it, he set a goal to himself that he would bring out a minor invention every ten days and a big thing every six months or so. And he achieved that by improving the telephone, inventing the phonograph and inventing the light bulb there. One of the examples of how Edison set his mind to things was his schooling. He never did well in school. At that time, schools taught by having students memorize things. But Thomas mind was too imaginative to memorize things and liked to find out things for himself. One day, Tom happened to hear the school master call him addled. Tom knew the definition of that word and became furious. So he ran home and told his mother. At that time, he promised to himself that he would never step foot in a classroom again. His mother decided to home school Thomas and it was a good decision. Tom vowed that he would not let his mother down and he became a rapid reader. He read Charles Dickens, Shakespeare, and Victor Hugo. But his favorite was a science text book titled Natural Philosophy, which he read at the age of nine. He quickly tried all the experiments in the book and was fascinated by chemistry and physics. Making goals and setting his mind on things had surely aided Edison in his success. Edison never saw his failures as failures. He saw them as learning opportunities and discovering another way that something wont work. He had tried thousands of ways and used numerous materials to make workable filament. Edison was once asked why he kept trying if he failed so many times. His response was I have not failed but I have successfully discovered six thousand ways that wont work. Tom didnt give up when his first patented invention failed. When he invented the vote-recorder, it was his first patented invention. He hoped that the lawmakers would use his invention. But it never got further than the patent office because it put an end to old delaying tactics. He was crushed when he learned the news but he didnt give up. He learned an important lesson here: only invent products in which there was a demand for. After this incident, he went on to improve the stock ticker, which was successful. Edison believed that failures were very important. Failures were what led him to succes s. Normally, money was one of the most important parts of peoples lives but it wasnt really a big part of Edisons life. He had a money will take care of itself attitude. He focused only on inventing and not on wealth. When he found out he needed money to buy chemicals when he was young, he was determined to get a job on the train selling papers despite his mother telling him of the dangers. Thomas used it all on equipment for his experiments. He didnt spend any on leisure. He also found out that whenever he got the money, the next moment it would be all spent on equipment. He once got one hundred thousand dollars for a transmitter he improved but he knew that he would have this problem so he asked that he got six thousand a year for seventeen years. When he went to England to show his telegraphy system, England adapted his system but he got no money for it. He didnt complain. During the period when he was roaming the states looking for jobs as a telegrapher, he had a number of pretty go od pay jobs. But he always left to grow and get somewhere in the world. He wanted experience, not wealth. However, even though he didnt put much emphasis on money, his patents had a total value of $25,000,000,000 by death. By putting money aside and focusing on inventing probably saved Edison a lot of time and worries. Reading had definitely helped Edison succeed and was probably his favorite hobby. Edison was reading classics such as Dickens and Shakespeare by the age of nine. His determination came in when he worked on the railway. Because he worked on the morning train to Detroit and evening train back, he had six hours of time to spend in Detroit. He spent the time at none other than the Detroit Public Library. With the combined force of determination, curiosity and interest, he read the whole library. He started with the first book on the bottom shelf and one by one, he finished the top shelf. The knowledge in that library was a lot and Edison pretty much devoured it whole. Later in his life, reading became very important. He always had a book in his pocket. He read two or three lines at a time and read three books a day by habit. In total, he had read more than ten thousand books, that all started when he was determined not to let his mother down upon deciding to home school him. During the days when Edison was a telegraph operator looking for jobs around the states, one of the big reasons why he had to change jobs was because he got fired a lot. He got fired a lot mainly because of his experiments, either blowing things up or not staying on task. When he was the night telegrapher in Stratford, Ontario, there was a rule that every half hour operators had to send the signal six to the control room so as to not be sleeping. Tom, however, didnt give up because he didnt like this rule but he outsmarted it. He invented a mechanism that sent the appropriate signal at the appropriate time so he could nap or read as he wished. When his boss found out about this, Tom was fired. There were many other times Tom was fired because of reasons similar to this but he never gave up. He always went in search of a new job and grew from his experiences. Edison could have easily returned home but he never did except for brief visits. That was a big reason why he grew into such an unbelievable inventor. The most important part of Thomas Edisons determination was his time commitment. It was all those hard working hours that allowed him to create his inventions. He had been very committed and spent long hours ever since he decided to become a telegrapher. An example of his earliest time commitment would be when he first connected his friends house to his with wires. At that time, Edison became very interested with telegraphy and knew that he needed lots of practice at it. So when he got home from his train job at around ten in the evening, he had already spent fourteen hours outside. But he still practiced telegraphy with his friend until around midnight. This was when he was twelve. When he was training to become a top flight operator, he spent eighteen hour days to practice. He worked very hard at what he wanted to master and spent lots of time on it. This showed commitment and determination. His hardest working days would be when he ran those invention factories. This was what a typical day looks like for Edison when he was in his invention factory at Newark: After breakfast, he would read several newspapers, science magazines and the mail. He then was at his Newark workshop by the afternoon and started working by late-afternoon. Around midnight, he had a small meal. The midnight meal would usually just be a glass of milk and a piece of cake or pie. Then he would continue working for several more hours. Edison liked to tell people that he didnt sleep but he often lay down on a workbench, fully clothed and took long naps. He would go to sleep anywhere, anytime, and on anything. He was not an easy person to work for. He always wanted his employees to work as hard as he worked, which usually meant working weekends and long weekdays. But he also would never let his employees do something that he wouldnt do. When he was on to something big, like finding filament for the light bulb, he would not sleep for days and would have food brought to him. Such as when the thread filament burnt for forty-five hours, he just stared at it the whole time. When he was drafting his cement mine, he drew for twenty four hours straight. Later the mine became a success. Once, he had forty-five inventions going and two hundred fifty men working for him at the same time. In fact, he took his first real vacation at the age of thirty-one but even that was a trip to test his tasimeter. Edison wouldnt have been such a special inventor had he not committed so many hard working hours. Edison had never led any armies into battle and had not conquered any new lands yet he had contributed to mankind more than any warrior can. Edisons determination was made up of many parts. Edison does not give up, no matter how hard the task. Edison always set goals and set his mind to his goals. He never let other things distract him once he had his mind set. Edison never treated his failures as failures and never let his failures discourage him. Edison set his mind to one goal, which was to invent. He didnt let financial problems bother him and felt that money would resolve itself. Edisons determination made him read the complete Detroit Public Library, which greatly helped him invent. Tom was never let down when he was fired from a job and went looking for a new job which was a new opportunity to grow. Edison spent eighteen long hours every day inventing which showed his amazing determination and huge time commitment towards his inventions. It was all of these determination parts which put together the great, determined Thomas Edison. If everyone had even half the determination and work ethic of Edison, then there wouldnt be any homeless people or anyone who doesnt do their part in society, which would make the ninety percent of us not have to take care of the ten percent who slack off. This man had experimented for seventy-two years and was granted 1093 patents for his inventions. All of this was done through sheer determination, which was why he is known as the Benefactor of Mankind.

Gun Control Control Laws Decrease Crime Essay -- Second Amendment The R

Gun Control Since the days of the pioneers of the United States, firearms have been part of the American tradition as protection and a means of hunting or sport. As we near the end of the 20th century the use of guns has changed significantly. Because of fast and steady increase in crime and the fight for the right to own a hand gun, the introduction of legislation for gun control, to try to reduce the crime in the United States, has been a hotly debated issue in recent years. Although many people feel that gun control violates the right of the people, given in the second amendment "the right to bear arms", controlling distribution and sales and the registration of guns and gun owners is necessary because of the homicide rate involving guns and the violence by criminals using guns. Many people feel that gun control violates the right of the people given in the second amendment the right "to bear arms". Opponents of gun control, including the National Rifle Association, better known as the NRA, argue that the "right To bear arms" is guaranteed in the second amendment of the Constitution of the United States of America and licensing restrictions penalize law-abiding citizens while in no way preventing criminal use of handguns. It is also argued that by making it difficult for guns to be bought and registered for the American public there is a threat to the personal safety of American families everywhere. However controlling the sale and distributi...

Freud and the Unconscious Essay

Few theories hold more intrigue than that of human psychology. Throughout history, many have sought to decode the structure of the mind. Amongst those who were determined to investigate the nature of psychic material, one of the most prominent remains Sigmund Freud (also known as â€Å"the archaeologist of the mind†). Freud had very pronounced views on the innate components of human psychology, within which one idea remained central – the ‘unconscious’ mind; he uses this concept to make sense of phenomenons such as that of parapraxes. In his essay, â€Å"The Unconscious†, Freud introduces a unique perception of human thought, action, interaction and experience. He details a state of dualism that exists in our psychical life in stating, â€Å"consciousness includes only a small content, so that the greater part of what we call conscious knowledge must in any case be for very considerable periods of time in a state of latency, that is to say, of being psychically unconscious† (2). He argues that although we are blind to our unconscious mind, it determines a greater part of our behavioural being and participates just as much as psychical activity as our conscious mind. Freud also adds, â€Å"In every instance where repression has succeeded in inhibiting the development of affects, we term those affects ‘unconscious’† (7). He states that the unconscious is where repressed desires are stored, ideas that are suppressed from surfacing into the realm of our awareness e. g. we recognise our emotions – we ‘feel’ – because they have moved from amongst the elements of the unconscious mind to the conscious mind. The notion of â€Å"what you see is not all there is†, of the uncertainty of appearance or self-knowledge is a message that identifies very well with Freud’s theory of the unconscious. Freud’s arguments entail that a significant reality (and â€Å"most importantly† he would most likely say) exists in that which is intangible. He claimed that the unconscious could not be realized by the individual themselves through introspection, but is potentially made possible during psychoanalysis. In â€Å"The Unconscious†, Freud states, â€Å"[it transforms] into a qualitatively different quota of affect, above all into anxiety; or it is suppressed† (7), alluding that the unconscious mind, or rather a conflict between conscious and the unconscious intentions is the root of neurotic or histrionic behaviour. Thus, not only did he perceive psychoanalysis as a useful tool for uprooting unconscious ideas, but the very understanding of the concept played a central role to the successful treatment of his patients (that is to say, that Freud believed that he could lead his patient to recovery by making aware the unconscious idea that is conflicting with the individual’s consciousness). Freud believed that naturalized phenomenons such as innocent ‘mistakes’ (â€Å"parapraxes†) or the state of dreaming were in fact meaningful and were indications of the active unconscious, an idea which echoes to the notion of conscious and unconscious communications which we discussed in the second week of class – that in both forms there were â€Å"logical relations†. This is the essence of Freud’s belief that there is psychical process in every movement or act (whether in a state of wakefulness or asleep/acts that are intended of ‘unintended’), which is to say that order exists in every action including the seemingly ‘disconnected’. With reference to this notion, he famously claimed that parapraxes (slip of the tongue, mishearing, forgetting, memory loss) were significant phenomenons worthy of interpretation, because they were evidence that the unconscious mind exists. In â€Å"Introductory Lectures on Psychoanalysis†, Freud explains his view in which the unconscious plays a significant role in the phenomenon of parapraxes. Though parapraxes are often disregarded as â€Å"small failures of functioning, imperfections in mental activity† (28), he explains, â€Å"They are not chance events but serious mental acts; they have a sense† (44). Before moving on interpret what Freud meant by this, it seems useful to first introduce an idea which Louis Althusser presents in â€Å"Lacan and Freud† (which was also touched upon in class), in which he states: â€Å"the ‘effects’, prolonged in the surviving adult, of the extraordinary adventure that, from birth to the liquidation of the Oedipus complex, transforms a small animal engendered by a man and a woman into a little human child† (22). The transformation that Althusser describes resonates with a sense of ‘humanization’ whereby a feral being is tamed by society and progresses into a ‘human’ existence; it alludes to the ultimate sacrifice that is made by the primitive soul in order to survive amongst civilization [the desire for instinctual satisfaction]. Keeping Althusser’s portrayal in mind, perhaps it could be said, then, that the unconscious manifests impulses whose intentions are deemed ‘too disturbing’ or unfitting with civil behaviour. This conforms to Freud’s argument that a ‘spontaneous’ or unexplainable error is an indication of a compromise between two conflicting aims of the ‘disturbed’ and the ‘disturbing’ consciousness (44). By means of distortion or substitution, the irrational impulse disguises its intentions under an appearance of rationality. He communicates, essentially, that parapraxes should be interpreted less as â€Å"faulty acts†, but instead, should be considered as faulty achievements of our unconscious desires. He indicates this when he states, â€Å"the disturbing purpose only distorts the original one without itself achieving complete expression† (35). Freud theorizes that an inaccessible part of our mind – the unconscious – does exist and evidence of its reality is apparent, such as in the very happening of everyday pathologies, or â€Å"parapraxes†. He maintains the significance of the unconscious mind as a meaningful, valid psychical force that pursues its own intentions (its presence undeniable in its ability to elicit bodily responses). In the discovery of this, Freud stresses the idea that individuals should place more value in what we so often dismiss as ‘mistakes’, ‘accidental’ or ‘random’ behaviour, because there may be significant meaning to the obscured intentions they convey. On a different note, the underlying notion that there is no such thing as ‘involuntary’ acts or ideas, reinforces more than ever a disparate sociological thought: that we, as individuals, are truly and solely responsible for our own actions.

Organizational Structure Analysis Essay

Our team will be describing three of our member’s current places of employment. Those organizations are Rex Communications & Public Relations Inc., Farmers Insurance Group Federal Credit Union, and Advanced Security Concepts. Analyzing the organizational structure types and their pros and cons for each, to determine whether or not they are affective. Rex Communications & Public Relations Inc. Rex Communications and Public Relations, Inc. is a small agency specialized in public relations, communications and marketing of luxury goods, with an extensive international network of media contacts, freelance editors, stylists, publicists, and tastemakers. The company is ran by our team member, Roy Stewart and his business partner, together they have many years of experience in trade and consumer publications, television and celebrity red carpets. Many of Rex Communications functional duties are split between the specialties of the partners. As one member may help increase the visibility of luxury brands at the levels of social media, printed or online press, social media, television, and so forth. The other member may be required to take care of the necessary paper work and the logistics of goods. As Rex Communications is a small company, many of the divisional organizational structures are split between the partners. Some tasks are sent elsewhere, such as, records for tax season , they are sent to an outside accountant. Overall many of the duties are shared between the two partners at Rex Communications; hence forth, making the company fall closely to the third organizational structure called the matrix organization. Many of their clients will communicate to Roy or his business partner, or both to get an understanding on what procedures they must do. Roy and his business partner believe that their setup of the company structure is both effective and productive. Farmers Insurance Group Federal Credit Union In analyzing Farmers Insurance Group Federal Credit Union, the management structure that’s being used is functional and some of divisional. There are many benefits to a functional structure for instance; groups of people can be placed together with similar skills to be more efficient. These groups can be more attuned for development and will be more adaptable. In performance, standards are better maintained. There is greater opportunity for specialized training. The disadvantages to the functional structure; managers can develop an expertise and will not acquire knowledge of the other areas of the business. This is also true with a divisional structure; as the organization grows the business becomes increasingly diversified. This can cause redundancies throughout the business divisions. Advanced Security Concepts (ASC) Advanced Security Concepts (ASC) is a private security company that offers services that include executive protection, estate security and uniformed guards. ASC is a smaller company and deals on a customer base, therefore, it would be considered a Divisional Organization. The divisions depend on the customer and/or job type for example; estate security is composed of a team of people working at a residence. The team’s duties change per client as to what services they want. This is a very effective way of organizing the company. Each client has different expectations with a unique property and other services to take into consideration. It would not be possible for every team to work out of the same book with the variety of variables within this type of business. It was determined that the organizational structures in the three companies were found to be affective for each.

Lorca essays

Lorca essays Con el advenimiento de modernismo muchas ideas y conceptos nuevos nacieron. Los escritores fueron intersado en ideas que muchas veces aparacieron ser en oposicion. De sus deseos a revolver a la pastoral al amor de las maquinas o de su busca para una poesia nueva a su revolver a las trabajas antiguas, en muchas maneras los sentimientos y trabajas, o los estilos y ideas nos presentan problemas cuando queremos estudiarlos o descutirlos. Una idea yo pienso que sea interesante es incluiado en la introducion de Bodas de Sangre. En este "ensayo" el escribador es preocupado con la idea de "el problema de la tragedia moderna." El descute la relacion mientras las trabajas y ideas de Lorca con otros escritos de la hora. Lorca, como Eliot o Gide, fue interesante en el concept de mitopoetico. Este podria un problema si nos concepto de tragedia no es un del sentido moderna. Asi, si nosotros miramos a los aspectos de un tragedia moderna y los aspectos del drama que sean miticos, nosotros veremos que este texto es una mezcla de tragedia alta y tragedia baja, y es este terreno medio que lo hace una tragedia El primero aspecto del texto de Bodas de Sangre que veimos es los nombres de las caracters. Todas, excepto para Leonardo, no tiene nombres propias. Hay la criada, el novio y la novia, la mujer, la luna, etc. Nadie tiene su propio nombre. Porques de este no hay un sentido de permanencia de la cuenta. Se puede hacerse un cuenta como aquellos de los griegos o romanos. Estos caracters son sin caras. Son mascaras que representalos partes diferentes del cuenta. Que entonces de Leonardo, por el tiene un nombre propio? Un idea es que en este caso a el se puede verlo como una fuerza del drama. Como la luna, que descutire tarde, el es dando acciones independientes. Nosotros no podremos entenderlos, pero se existen y son independiente de los otros caracters. Pudemos verlo si comparamos el con el novio. Leonardo escoge su senda cuando el...

English 11 A Essays

English 11 A Essays English 11 A Paper English 11 A Paper Essay Topic: Literature According to William Ellery Channing, national literature includes The thoughts of profound and original minds and important works in philosophy Use context clues to define the word: Interrogate The detective will interrogate the witness and write down his answers. Question Native American stories often depict nature as a spiritual mother Which type of oral tradition is the most popular across Native American tribes? The creation story Why was literacy such a prime concern in the Massachusetts Bay colony? So people could read the bible and protect themselves from sin How does early american english differ from contemporary english? Early American english is generally more formal Which of the following statements gives the best summation of life in the Plymouth Plantation? There was discord and tension among the settlers, but they resolved their differences. Puritain writers did all of the following except use sensory descriptions to have readers experience what they wrote In persuasive writing its important to Anticipate and address counter arguments, clearly state your position, and provide facts and examples to back up your position. In Indians Are a People, Not Mascots, Redskin was originally a term for The bounty placed on Indians In Indians Are a People, Not Mascots, the governments first target in educating Indian children was their language If youre reading a book and it says Professor Smith is hatching an insidious plot, you know he is dangerous Which of the following statements about Anne Bradstreet is NOT true? Anne Bradstreet was never married Which of the following phrases best defines rhythm? A poems cadence, pace, or ongoing momentum Yet for part payment take this simple mite. Use context clues to determine which of the following words is the best synonym for mite. A coin of little value Johnathan Edwards was a preacher Why is Edwards god so angry? Because men are sinful and wicked What strategy does Edwards use to make the applications of his conclusions seem very personal and relevant to his audience? He switches from a third person POV to a second person POV What writing convention does Jonathan Edwards use to persuade his audience? Imagery, metaphor, hyperbole What movement extinguished many revivals leading up to the Great Awakening The Enlightenment Olauduah Equiano wrote The first autobiography by a black man in america The term the middle passage refers to The trip between West Africa and the islands of the Caribbean Which is try of the Equianos position on the voyage? He was young and so not fettered Identify the correct denotative and connotative meaning of the word loathsome hateful;negative When Thomas Paine writes about reconciliation, he is referring to The colonies staying peacefully connected with Great Britain Which of the following statements about Common Sense is NOT true? Thomas Paine was hanged for treason after writing Common Sense Thomas Paine believed American should be an asylum, a safe place, for all people In this context, does the asylum have a positive or negative connotation positive Thomas Paine wrote Common Sense to Colonists in 1776, prior to the signing fo the Declaration of Independence

Learn Why Chewing on Foil Hurts Your Teeth

Learn Why Chewing on Foil Hurts Your Teeth There are two types of people. One group can bite aluminum  or tin foil with impunity, suffering nothing worse than a faint metallic taste. The other group gets a painful electric zing from chewing on foil. Why does chewing on foil hurt some people and not others? Biting Foil Hurts if You Have Dental Work Got braces, amalgam fillings, or a crown? Chewing on foil will hurt. If your mouth is blissfully free of dental work, you wont feel pain when you chew foil, unless a sharp corner stabs you. Thats not the same pain at all, so if you arent affected by foil, count yourself lucky! Foil Turns Your Teeth into a Battery If you dont react to foil, but want to know what youre missing,  you can get an identical experience licking both terminals of a battery. Its the same because chewing foil produces a galvanic shock. Heres what happens: There is a difference in the electric potential between the metal foil (usually aluminum) and the metal in your dental work (usually mercury, gold, or silver). It only happens when there are two different types of metals.The salt and saliva in your mouth allow current to flow from one metal to the other. Essentially, the fluids in your mouth are an electrolyte.Electricity travels between the metal foil and the metal in dental work.The electric shock passes down your tooth to your nervous system.Your brain interprets the impulse as a painful jolt. This is an example of the voltaic effect, named for its discoverer,  Alessandro Volta. When two dissimilar metals come into contact with each other, electrons pass between them, generating an electric current. The effect can be used to make a voltaic pile. All you need to do to make this simple battery is to stack pieces of metal on top of each other.

Business and Project Management Coursework Example | Topics and Well Written Essays - 2000 words

Business and Project Management - Coursework Example In alignment to the intention of the brand, the statistical report regarding the market share of motorcycle manufacturers in the UK also appear in favour [4]. A close evaluation of the brands’ performance reports revealed about its positive growth figures in the present market scenario. If seen from the statistical perspective, one can say that this brand has successfully attained a growth figure of 12 per cent in terms of product and service sale by the end of 2012. Justification regarding this aspect can be provided depending on the fact that each of these growth reports was released by the ‘Society of Motor Manufacturers and Traders’. In an associate manner the sales figure attained by Vauxhall Motors during the period of 2013, hiked the previous year sales figure by 1.93 per cent. The financial year (2013) of this brand was accompanied with the release of multiple new models of commercial cars and passenger vans [6]. However, despite the slight drop in the sales figures of 2014 (11.14%), still Vauxhall Motors succeeded in turning the UK as its fourth largest profitable market. In addition, implementation of innovation within the provision of financial and comprehensive customer services have further helped in terms of boosting up the sales figures of 2014. Taking reference of all these aspects, one can easily say that Vauxhall Motors will have a profitable business opportunity in context to plunging its feet in the heavy two wheeler segment [6]. However, within the forwarding initiative Vauxhall Motors will have to make significant amount of investments to determine its potential and expertise of penetrating the over flooded two wheeler manufacturing and distribution segment within the UK. Likewise, the brand will also have to strategise and formulate effective marketing and customer convincement techniques in order to turn its heavy motorcycle manufacturing initiative into a success [6]. In addition, one

Race and Class Responses Article Example | Topics and Well Written Essays - 1000 words

Race and Class Responses - Article Example Most of them have related their answers to their professional background and principles that they have when it comes to the issue of racism. In the same respect, the ideas that have transpired from the interviews are also based on gender contexts since experiences vary between men and women. At the same time, advocacies and principles are present in the interview that really showcases the dedication of people in addressing the issue of racism in all possible aspects. Despite of the principled engagements and answers provided by the interviewees, there is still the problem that they try to resolve: how to really prevent racism from occurring? There have been instances that have cited the role of culture, especially on how it induces conflict and on how it comes along the process of resolving the problem. It is noticeable in the interviews that there is a degree of sensitivity with the issue of racism. It is noticeable that the interviews deal with the issue of racism with a certain degree of objectivity. If there is a noticeable bias, it is intended as a mechanism to uphold the need to eradicate the said detrimental practice. When it comes to the issue of racism, it is important to point out that it happens everywhere and anytime. What seems to be problematic is that there are still people who do not address these transgressions as pointed out Singh and Mizrahi. Rather, the occurrences of racial judgments are not reprimanded. However, there are efforts that I have seen to be engaging and critical about the issue. There are efforts to organize and to join advocacy groups to lessen the occurrence and eventually stop racism. Both of the interviews have been focusing on the efforts to regulate and address the issue of racism, which has been a long practice since Western domination has started. Both of the interviews share a common view about

Social movement protest art -- Mexican American inequality in usa Research Paper

Social movement protest art -- Mexican American inequality in usa - Research Paper Example Consequently, he encouraged her and supported her artistic work. Frida’s paintings depicted her tumultuous and painful life. Nonetheless, her paintings made her leave a legacy as the greatest Mexican woman painter. She used a distinctive style of folkloric in her paintings, mainly on the different experiences and aspects of her life (Meadows, p. 57). Her paintings were self-portraits and still life, mostly capturing moments in her life. The issues she covered in her paintings included her unstable relationship with Diego Rivera, her inability to have children, psychological and physical pains after a bus accident, and other experiences she had (Meadows, p. 57). Similarly, Diego Rivera is considered the greatest Mexican painter of the 20th century. He was born in 1886 in Guanajuato, Mexico (CMMCA, p. 10). He chiefly excelled in the international art scene, where he championed the reintroduction of fresco painting into the modern art and architecture arena. He was also known for his radical political views and obsessive romance with Frida Kahlo, which intrigue the public even in modern times (CMMCA, p. 1). Through exhibitions in public spaces and galleries in the 1930s and early 1940s, Rivera brought his unique art and vision into the public. Through these exhibitions, he enlightened and inspired artists as well as his audiences. Using the fresco or wall painting genre in universities and other public buildings, he managed to introduce his work into the daily lives of the people (CMMCA, p. 2). Rivera favored fresco paintings, which are murals done on fresh plaster. Some of the themes dear to him included the physical process of human development and technological progress and its effects on life and lifestyle (CMMCA, p. 2). His other themes were the future of humanity and history. Being a Marxist, Rivera used his medium as a cure for the elite walls of galleries and museums. He was not only interested in history and human

Taxation and Housing Issues Essay Example | Topics and Well Written Essays - 2000 words

Taxation and Housing Issues - Essay Example Hence, in order to understand the economic feasibility of a particular country, a close analysis of the prevailing issues on taxation and housing is necessary. This paper will critically analyze various issues pertaining to taxation and housing in the United Kingdom, United States, and United Arab Emirates. Issues relating to taxation and housing in the UK The economic spectrum of the United Kingdom indicates that taxation issues have impeded the faster growth of the country. UK holding companies have been heavily suffering from tax issues in the recent years. Corporation tax deductions are available to a UK holding company on the interest payment to investors subject to anti-avoidance policies. More details on these features can be found at . The anti-avoidance provisions including transfer pricing are increasingly complex in nature and therefore the country’s holding companies are not benefited from tax reductions. In addition, a UK holding company does not get any tax deduc tion benefit while paying dividends to investors. Similarly, the tax deductions allowed to the UK’s small scale enterprises for boosting entrepreneurship actually result in a deadweight cost. This situation adversely affects the overall growth of the economy. Over the past few years, the UK government has faced a series of issues associated with the country’s corporate tax structure. In order to resolve the limitations of its corporate tax structure, the country is changing its policy from taxing worldwide profits to a more territorial taxation approach. Irish tax issues on UK transactions remain to be a major growth impediment to the UK’s business sector. Tax evasion has been a potential issue in the UK over the last few decades, and recently the country adopted tax fraud prevention measures. When an outsider deals with purchase of real property in the UK, he has to consider a number of factors including capital gains tax, stamp duty, inheritance tax, and incom e tax. The UK housing market has been struggling with numerous issues especially since the global financial crisis 2008. As a result, even small flats are becoming unaffordable to lower class of the society. Housing sector data show that affordability of housing in the UK has been getting worse since late 1990s as house prices grew faster than earnings rate. Although most of the developed countries including the United States experienced housing price increases in the beginning of the 21st century, this issue was different in the United Kingdom in two aspects. Firstly, the country’s house prices boom began earlier as compared to other developed economies, and indicated relatively sustained increases. Secondly, the regional pattern of the country was almost uniform. As per statistical data, house prices in the United Kingdom increased by 90% between 2002 and 2007. The average age of first time home buyers is also increasing in the country. Although mortgages were increasingly available to people, mounting housing prices remains to be an issue in the country. As reported by Department for Environment Food and Rural Affairs (2004), an additional 39,000 houses per annum were essential to meet housing requirements of the country effectively. The primary issue behind the housing market struggle in the UK is that the country does not have enough space to build new houses. In contrast, many people possess more

Decision Paper for System Development Essay Example | Topics and Well Written Essays - 2000 words

Decision Paper for System Development - Essay Example They stated that institutions that hold high growth aspirations must integrate the conventional financial administration systems with superior checklist capacities. In particular, the new billing system that Hillside school seeks to integrate holds the requisite incentives to facilitate effective management of received resources. It provides clear-cut measures and guidelines that that is credible. This paper discuses overall elements that define the Hillside school cash management system with references to its new billing system. Business Problem â€Å"As-Is† billing system that the school operates, presents immense complications that hinders the realization of credible results. The system holds inferior data management procedures and control mechanism that affects confidentiality in cash administration. Indeed, the system hold limited potential to drive the school into its growth prospect especially at the time that it seeks to expand its enrollment capacity. Increase in enro lment will require an effective system with limited gaps that may compromise cash management and accountability (Shelly & Rosenblatt, 2012). The schools deputy head teacher faulted the systems rigidity and stated that it hold no relevance in the contemporary setting where superior billing infrastructure is recommended. The system was designed using Ms word and excel software’s that provided difficulty in the maintenance of records. The school holds a vast amount of student records that range from financial, admission, class allocation, payroll details and production of reliable financial reports. The â€Å"As-Is† system led to severe confusion and duplication of work since it provides inferior incentive that cannot facilitate effective distinction of work done. The schools administration is under obligation to administer proper records as stipulated in the guidelines. They are answerable to the stakeholders on the utilization of resources through clear and structured s ystems. However, this was not possible at some point due to the lapses that the system provided thus prompting the need to integrate the new system. In short, major complications presented by the â€Å"As-Is† system include provision of unclear fee collection process that fails to facilitate transparency. The infrastructure adopted two centers of fee collection through diverse payment schemes that include fixed and variable systems. These fee collection systems exposed the institution to confusion on cash administration (Shelly & Rosenblatt, 2012). Variably, it was integrated with inferior software’s that compromised the superior administration and production of payroll documents, financial reports and student particulars. The system also failed to provide superior control mechanism and processing capacity for credible outcome. It also failed to ensure effective harmonization of student fee schedules especially for students from one family. The diagram below shows the old system’s fee payment techniques that presented immense challenges in ensuring effective cash administration. Process diagram Variable fee payment Fixed fee payment Fixed fee payment Business Process Improvement Business process improvement entails integration of credible operating systems and adoption of best practices that are development oriented. Advancing

Summative Assessment Project Essay Example | Topics and Well Written Essays - 1750 words

Summative Assessment Project - Essay Example Notably, in some countries government regulates the water industries; however, the services of such companies are largely under private companies that are defined within a specific geographical space. Water companies are usually owned differently including by the local government, national government, private ownership, and co-operative. The local government ownership is the commonly structure of ownership known worldwide. The local governments often operate its systems through municipal companies or departments, or inter municipal companies. The local government outsourcing water management from private sectors has increase since 1990 (Pollard, 2008). In the United States, water companies are being managed by state governments that are equally operates as local government. Nonetheless, these companies are obligated to integrate water systems. In other words, they are required to supply, treat wastewater, and ensure sanitation in sewerage systems (Water quality †¦, 2001). Therefore, the water ownership structure must ensure that the water under supply meets water quality standards as well as the environmental standards that relate to wastewater. In the United States, the United States Environmental Protection Agency (EPA) regulates the standards set for drinking water. It standards for the pollution control have been developed jointly by the state environmental agencies and the EPA pursuant to clean water act (NATO Advanced Research †¦, at el., 2009). Despite the set standards and regulation set for water companies, these companies are still facing immense risks ranging from water resources management, rising cost, and changing population among others. Water and wastewater resources are facing numerous challenges across New Jersey as well as other parts of the country. The common challenges that are experienced in the

Decision Paper for System Development Essay Example | Topics and Well Written Essays - 2000 words

Decision Paper for System Development - Essay Example They stated that institutions that hold high growth aspirations must integrate the conventional financial administration systems with superior checklist capacities. In particular, the new billing system that Hillside school seeks to integrate holds the requisite incentives to facilitate effective management of received resources. It provides clear-cut measures and guidelines that that is credible. This paper discuses overall elements that define the Hillside school cash management system with references to its new billing system. Business Problem â€Å"As-Is† billing system that the school operates, presents immense complications that hinders the realization of credible results. The system holds inferior data management procedures and control mechanism that affects confidentiality in cash administration. Indeed, the system hold limited potential to drive the school into its growth prospect especially at the time that it seeks to expand its enrollment capacity. Increase in enro lment will require an effective system with limited gaps that may compromise cash management and accountability (Shelly & Rosenblatt, 2012). The schools deputy head teacher faulted the systems rigidity and stated that it hold no relevance in the contemporary setting where superior billing infrastructure is recommended. The system was designed using Ms word and excel software’s that provided difficulty in the maintenance of records. The school holds a vast amount of student records that range from financial, admission, class allocation, payroll details and production of reliable financial reports. The â€Å"As-Is† system led to severe confusion and duplication of work since it provides inferior incentive that cannot facilitate effective distinction of work done. The schools administration is under obligation to administer proper records as stipulated in the guidelines. They are answerable to the stakeholders on the utilization of resources through clear and structured s ystems. However, this was not possible at some point due to the lapses that the system provided thus prompting the need to integrate the new system. In short, major complications presented by the â€Å"As-Is† system include provision of unclear fee collection process that fails to facilitate transparency. The infrastructure adopted two centers of fee collection through diverse payment schemes that include fixed and variable systems. These fee collection systems exposed the institution to confusion on cash administration (Shelly & Rosenblatt, 2012). Variably, it was integrated with inferior software’s that compromised the superior administration and production of payroll documents, financial reports and student particulars. The system also failed to provide superior control mechanism and processing capacity for credible outcome. It also failed to ensure effective harmonization of student fee schedules especially for students from one family. The diagram below shows the old system’s fee payment techniques that presented immense challenges in ensuring effective cash administration. Process diagram Variable fee payment Fixed fee payment Fixed fee payment Business Process Improvement Business process improvement entails integration of credible operating systems and adoption of best practices that are development oriented. Advancing

My personal experiences Essay Example for Free

My personal experiences Essay I believe that all my personal experiences and academic accomplishments are the stepping stone to realize my potentials and my career objectives. To be admitted in the Asian Institute of Technology School of Management Thailand is a huge step towards achieving these objective and attaining career and self development. I will surely grow academically and professionally once I obtain a Master’s Degree in Business Administration. I took up Electronics and Communication Engineering from the National College of Engineering. I was an above average student back then and I always took risks by assuming completing responsibility and performing the assigned duties well. Although it is a highly technical course, my optimism has also allowed me to take struggles and problems as challenges. After graduation, I was enticed to establish a career using my knowledge in electronics engineering. I was able to render services to Indias technological companies for four years specializing in Telecom Testing domain. I also worked for Wipro Technologies on Nortel CS1K product. I also worked for India’s major Telecom service providers like BHARTI (AIRTEL) and VSNL. Because my academic background and work experiences are highly technical, I want to combine it with a business management course for career and individual growth. By completing the MBA program offered by AIT-SOM, I will feel more competent and confident to serve my country and any company in the future. I wish to study more about business management because I believe that it will aid me to become more successful not only as a technology expert but as a business savvy professional as well. Furthering my knowledge in business combined with technology is one of my goals. I also wanted to apply for the university’s Financial Aid Scholarship Program. I am in dire need of financial assistance and I know that I can repay this scholarship by being an outstanding student of this university. I believe that through the school’s financial assistance program, my burden will be lessened since I am supporting my family. My homeland is a developing country and I firmly believe that through this course and by applying the skills that I will acquire through this institution, I can help my country in its progress. I am looking forward to serving the nation by applying the management knowledge and skills that I will gain after completing my MBA at AIT-SOM. I know that an MBA from AIT-SOM will help me acquire knowledge that is beyond my imagination. The things I will learn will surely contribute to my advancement in the field of business and provide me more career opportunities in the future. I am confident that AIT-SOM has the capability of making students stretch beyond the conventional business degree. I also believe that this university will make my ambitions more attainable since I will get my degree with the help of the Financial Aid program. I am positive that I am fit to become a part of a university that only accepts the finest, the best and the most responsible students. I know that this university will really make my dream a reality.

Causes and Symptoms of Asthma

Causes and Symptoms of Asthma Introduction Asthma is the most common chronic disease in Ireland. Ireland has the fourth highest commonness of asthma in the world. Asthma is a serious condition. One in five children in Ireland is having Asthma. About 30 per cent of age under-fives has had at least one attack of wheezing. This means lots of parents have been told that their child has asthma. Most often asthma is mild and easily controlled by medicines but sometimes children may have attacks that can be frightening and very worrying. Usually young children with wheezing episodes outgrow Asthma by school age. For parents it is always stressful to see their child suffers, no matter how mild the asthma may be. Symptoms of Asthma What is Asthma? Asthma is a common chronic disease which inflames the airways. The airways are the small tubes that carry air in and out of the lungs. Asthma affects the airways to become over-sensitive and react to colds and flus or dust mites even family animals, these are called triggers. The lining of the airways also swells and sticky mucus is produced and this bring breathe to be difficult. Lots of children with asthma breathe naturally for weeks or months between asthma come back. When flares do appear, they usually look to take place without sign. Asthma symptoms for babies can be different for every child. In babys asthma, babies may have all of asthma symptoms such as adults, or only one of those symptoms. As well, poor diet, sweating, or not showing comfortable can be symptoms of infant asthma. Some of symptoms can be: Wheezing sounds from breathing Cough Changes in breath length Tension in the chest Spotting asthma Diagnose an asthma can be problematic and time- spending because every child with asthma can have very unique forms of symptoms. General symptoms of asthma- chronic dry cough and during that child do not have a high temperature. Second common symptom isasthma attacks when exposed to certain substances, for which the child is allergic or because of respiratory infections. Depending on the frequency and severity of asthma attacks in children is mild, moderate and severe. The attack begins with a cough, shortness of breath then develops (a feeling of lack of air). Babys breath noisy and wheezing. Often before the attack runny nose, itchy rash on the skin. Older children at such times may complain of a feeling of pressure in your chest, and the lack of air. Different types of asthma: Doctors often use the words mild, moderate and severe to describe asthma. Here is some explaining what they mean. Mild: Coughs and wheezes but plays happily and feeds well Moderate: Waking at night, cant run around or play without cough or wheeze. Severe: Too restless to sleep, unwilling to play at all, too breathless to talk or feed, lips going blue. Prevention of Asthma For the treatment of asthma is often enough to remove the child from the allergen. If this does not help, the doctor prescribes anti-inflammatory treatment. Asthma occasionally can grow out after colds. Triggers of asthma Knowing your childs triggers and how to escape them is very important. Here is a list of triggers and movements you can take to reduce their effect on your childs asthma. Avoid Colds and Viral Infections Colds and viruses are a common trigger for children, especially during the winter months and when they return to school. Keep your childs asthma under control by giving them their medication as prescribed. Keep a written asthma management plan to monitor their symptoms and to make sure, you know what to do when their asthma symptoms get worse. Stop the spread of colds and infections by is sure your child washes their hands. House Dust House dust is smallest organisms that survive in warm, dirty places such as rugs, soft toys and household chairs and coaches. Use anti-dust mite covers for childrens mattress, duvet and pillows. You wash these covers according to the manufacturers instructions; Wash all bedding at least once a week. Remove carpets where it can be possible. Vacuum rooms regularly. Clean all surfaces two to three times per week; Have soft toys to a smallest amount and hot wash them every two weeks. Household Pets A number of childrens asthma is triggered by an allergy to pets, frequently cats or dogs. Cigarette Smoke Cigarette smoke makes asthma more worse, can cause pneumonia, bronchitis And infections of ears, and prevent asthma medication working effectively. Keep your child away from cigarettes smoke. Mould Mould spores can increase chances for trigger asthma. Mould can be found anywhere, for example in bathroom, kitchen, even outside in the autumn leaves. †¢ Be sure that your home has good ventilation. †¢ Take away all indoor plants as they may be source of mould growth; †¢ Avoid drying clothes indoors or on radiators. Changes in Weather Some childrens asthma can be triggered by cold season or temperature changes, †¢ Bring your child for an asthma review with your doctor or nurse before the weather change Chemicals Use chemicals carefully, especially in household products such as cleaning products, cosmetics, paints etc. †¢ Do not using chemical products where it is possible. †¢ Do not allow your child be in areas where chemical products are used. Asthma treatment Treatment of this illness is divided into two groups: One stop (cropped) attack, the other to prevent its development. In mild form of asthma are usually used drugs from the group of stabilizers of membranes of immune cells. This drug does not work at the time of attack. Under the power of drugs immune cells do not discharge stuffs that cause swelling and shrink the bronchi. In severe forms to prevent attacks physician prescribes hormones, corticosteroids (eg budesonide, fluticasone). Do not be afraid of these drugs, because they act only on the bronchial mucosa. In severe asthma the risk of side effects is much lower than the risk of the sickness Checklist for traveling to people with asthma and recommendations: People who have asthma are needs to be prepared for a trip at least a few weeks before travel. This includes: Asthma health check Asthma triggers Air travel Travel immunisation Travel insurance Before you travel, review your personal asthma plan. Find how you can get help medical help at those areas where are you planning to go. Conclusion It is important that the babys parents having asthma are not measured him seriously ill, possibly given a lot to move. When the child grows up, the attacks become rare, will follow more easily, and in many they stop altogether. Do not refuse any treatment, including, if necessary hormones. Each attack it is a huge stress for the child to be eliminated by all means. Bibliography: http://healthcaremall4you.com/asthma-at-children-causes-symptoms-treatment.html   view on 16th of November 2016 http://www.tipdisease.com/2013/10/asthma-in-children-babies-causes.html  Ã‚  Ã‚   view on 17th of November 2016 www.asthma.ie/sites/default/files/files/document_bank/2014/May/Asthma%20and%20Your%20Child_final.pdf   view on 16th of November 2016 www.asthma.ie/sites/default/files/files/document_bank/2013/Aug/asthma_in_babies_and_children_final.pdf   view on 17th of November 2016 http://www.irishhealth.com/clin/documents/Children%20and%20Asthma.PDF   view on 16th of November 2016 http://www.hse.ie/eng/health/az/A/Asthma-children/Treating-asthma-in-children.html  Ã‚   view on 16th of November 2016 www.irishindependent.ie (issue on 31st of October 2016) view on 16th of November 2016

Slavery Enterprise and Society Essay -- exploitation, trafficking, soc

A group of kids are taking a trip through time, back in the day of slavery in the 1800’s. A young black man is working out in the field picking cotton and other crops. His master calls him up to the main house and tells him to get on his knees and not say a word. The young black man does as he is told. Then for no apparent reason, the master begins to beat and whip the slave violently while his wife and daughter watch. The master screams and shouts that the young black man is his property and he can do with him what he pleases. As he continues the punishment, blood oozes and flows from the exsanguinated wounds. The slave is then told that he will be sold in two days’ time, separate from his wife and daughter who will be kept for their sexual services. There is fear in the young man’s eyes for he has been forced to watch the rape of his daughter before and fears for her life. He hangs his head and continues to accept his beating. He knows that there is nothing mor e he can do, that he is a slave, and this is how slaves are treated. As the kids fast forward to modern day life, they take a look around. All seems calm and peaceful with no violence or harsh beatings. They see a man and his family, forced to live on the streets because they cannot pay back a loan. They see a woman who is battered and bruised with little clothing; she is the remnants of a sex-trafficking scandal. All of these, all though not as obvious to the common man, are examples of modern day slavery. When most people think of slavery, their thoughts are instantly transferred to a time of black servants and white masters. A time when people were not equal and wars happened every other day. The common man does not believe that slavery still exists or even what slaver... ...keley: University of California Press. Curtis, Michael. (2013). Slavery in the World Today. Retrieved from http://www.americanthinker.com/2013/10/slavery_in_the_world_today.html Einhorn, R. L.(2008). Slavery. Enterprise & Society 9(3), 491-506. Oxford University Press. Retrieved from Project MUSE database. Gordon-Reed, Annette. (2013). Slavery’s Shadow. Retrieved from http://www.newyorker.com/online/blogs/culture/2013/10/12-years-a-slave-and-historians-problems-with-slave-narratives.html Magnier, Mark., Robyn, Dixon. (2013). Modern-day slavery persists over the world. Retrieved from http://articles.latimes.com/2013/oct/17/world/la-fg-global-slavery-20131018 Slavery today. (2003). The Lancet, 361(9375), 2093. Retrieved from http://search.proquest.com/docview/199103704?accountid=8483 The Caste System. (2013). Retrieved from http://www.ushistory.org/civ/8b.asp

Cultural Aspects of Korean Boshintang :: Papers

Does Korean plan to serve Boshintang soup for the visitors to Seoul during the World Cup tournament? This is one question from an American to Korean English newspaper last month, condemning Koreans for eating dog as cruel abuse to animal. Some of the Western media treat Koreans as savages for eating dog meat and put it on the air as a most intriguing piece of news. As well, many international people who know something of Korea or visit to Korea always ask about this dog-eating. And then, how should we react to this issue? Should we scold them back for lacking of understanding others? Or should we really feel embarrassed about this old part of our culture and throw away like old shoes? Boshintang is apparently our traditional food habit, which can be irrational and not easy to understand for foreigners. But whenever Koreans were heard criticism or asked about it, most of them could not defend themselves or answer the question logically. We have to know that it is our responsibility to inform them the right view of thinking. I am here now to give some interesting informations about ou r eating habit to look at it in a new light. What we eat or not is patterned by culture. Some eating habits may seem disgusting to others who don't share the same culture. A sense of cultural superiority is wrong because every culture is a specialized adaptation of environment. Korea is very cold during the winter, so it was difficult to raise cattle a long time ago. Besides, bullocks were the essential farming animals that pull plows and carts. As a result, generally eating beef in Korea was very uncommon to people. So Korean started to raise dogs which grew well even in the cold weather and without special food or care to obtain insufficient nutrition. Many westerners think that dogs have been bred for centuries to be man's best friends or even family, and not to be livestock. But Korean concept of dog is very different. There are distinct differences between human and animal in Korea. Many Koreans even don't like living with any animal under the same roof of the house and get them their own home outside. As well, the family relationship has been very strong in Korea, so they don't treat dogs as pets in the western way. That's why Koreans do not have much affection for dogs, which is usually given to eat leftovers and manure traditionally.

Food Production

This essay will explain about farming today, and how it affects our environment, also ways in which we can help to protect our environment, our health and animal welfare. Farming is the production of food and other materials by raising plants and animals. Many people buy their food in supermarkets close to their homes, but the food is imported from many different countries, and many products are farmed in a number of different ways. The way food is farmed affects the environment. It also affects people's health and the treatment of animals. Some farming methods are more harmful than others. Over 11,000 years ago, people got all their food by gathering wild plants, hunting and also from fishing. They travelled around constantly in search for food. But then people learned how to grow plants from seeds. They learned how to raise animals, and then began to settle in one place. Now they could wait for their plants and crops to grow, and begin to harvest them when they were ripe. Then about 250 years ago farmers in much wealthier countries started using machines. Machinery did most of the work for people, so people could make food for many more people and sell it to their community. Scientists then developed chemicals to produce more food, and developed new plants and different breeds of animals. Many more farmers now use more chemicals such as fertilisers, pesticides and herbicides to grow more crops. Fertilisers make the soil more fertile. Pesticides kill insects that harm crops and herbicides kill weeds among the crops. Today in wealthy countries such as Britain and the USA people live in cities rely on fewer farmers in the countryside to grow their food. But many people are worried about how their food is produced, chemicals are sprayed onto the crops and they can stay on the food. They can also run into rivers and the water underground. New kinds of plants and new breads of animals may upset the natural environment. Valuable soil is also being lost or damaged. There is a lot of reduction in land and one of the causes for this is farming Farming methods, including overgrazing, incorrect farming methods and the overstocking of land, remove essential nutrients from the soil. This results in the denudation of the land. As no vegetation is available to retain the soil, it is washed away. Soil erosion further lessens the amount of land available for natural plants and animals. As the number of people grows daily, more food is needed and more land is being utilised for farming, decreasing the amount of land used by animals and plants, especially in the case of rainforests in tropical countries. As the rainforest are destroyed to make way for more farming land. Nature, insect and vegetation. In other countries hedge rows and trees are lost also killing that which resides there. Modern farming results include: 1) The hybridisation of plant species 2) improvements from animal breeding 3) the use of fertilisers and insecticides There are two types of insecticide found: 1) Organic: from plants and animals, e.g. manure and compost 2) inorganic: from non-living materials, e.g. rocks, minerals (these can disrupt ecosystems) When inorganic fertilisers are dissolved in rainwater, they run off into water sources. This is called Eutrophication. Eutrophication is the over growth of algae in water ecosystems where nutrients are usually limiting. Many fresh water systems are ‘oligotrophic', meaning that the growth of primary producers (algae) is limited not by dissolved gas or light, but by nutrients such as nitrates and minerals. The organisms in these environments have evolved to be optimally suited to these conditions, and everything works fairly well. But when someone builds something next to a lake (e.g. golf course), and the fertilizer being used on the grass runs off into the lake, the algae grows too fast for the rest of the ecosystem to keep up, and overgrows the lake, killing everything in it. That's one example, there are many other the solutions generally involve not washing lots of nutrients into lakes and streams (or the ocean, which, although generally full of nutrients, can also be locally overwhelmed with runoff, especially in coral reef environments). Farmers use pesticides and insecticides to kill organisms that damage their crops. The following methods are used: 1) Chemical: a poison is introduced, e.g. herbicides and DDT 2) biological: a natural predator is introduced, e.g. snakes to kill rats 3) mechanical: people and machines are used, e.g. rat traps Side effects of these methods can include: 1) The death of animals that are not pests 2) DDT entering and moving up the food chain DDT is an effective but dangerous pesticide. Below is a diagram to show how DDT is moved up the food chain. Farming produces much pollution, mainly water pollution through chemicals, and air pollution through machinery used in the farming process, the consequences of fumes being given off lead to, the green house effect which leads to global warming. Detrimental effects on human health and vegetation. This also causes acid rain. Water pollution was mentioned earlier. And how the chemicals being used travel through the lakes and rivers. This disrupts our ecosystems. So now you basically know what effects food production has on our environment, so how can we prevent this from happening? Well for a start we could all begin to eat more organic foods. Organic agriculture bars the use of synthetic pesticides and artificial fertilizers, and instead relies on ecological interactions to raise yields, reduce pests and build soil fertility. Diverse planting patterns, frequent rotations and attraction of beneficial insects, for instance, would all be organic means of pest control. Organic meat and dairy farming is the raising of animals without hormones, antibiotics or other artificial chemicals; it also includes using organic feed and allowing animals sufficient range of movement and sunlight. Genetic engineering of plants and animals is not considered organic. Organic farming is definitely a way forward. Lets hope in the future more people see it this way.

Importance of Participation

This is a vital issue today that what is the purpose of electing the political parties to form the government. If we look the entire democratic process it completely gives the picture of non people oriented leadership establishments in political leadership, getting education, starting business doing any social services. The democracy's look is capitalist. Till we change this look and understand the democracy has given the first right to common people and that right is representative right and now we have to think how this right should be used by the common people to lead the society entering into the political institutions.The representative right is now used by the wealthy classes in our society and they able to build the political parties and in maximum cases they constituted the constitutional framework that gives the political parties to come in front of the common people through election commissions registration process. If we seriously look into the function of election commiss ion they should limit themselves to act for preparing the people's mandate giving programme and listing the voters, but they are doing some extra job given to them by the political leadership who want to remain in seat of power.The democracy is the rule of the common people first using the representative right from the constitution directly   and forming the political institutions to workd for the people. After five years the election commission make the arrange ment for asking people to vote to these institutions which has been formed directly taken the representative right through the constitutional provision to establish the people's leadership in the political institutions. We have to change the capitalist huge social money costly system in people oriented simple and meaningful process.Which could bring social unity among the world community and the capitalist people also feel for the society and remaining in the society and earning they mustnot ignore the social needs afteral l society is supporting them to get the profit  and taxes are not the only answer because taxes is to be collected to run the administration properly because present world social system, social centralised imagination is not thought about so every welfare programmes has been taken by the state and the result is that they unable to fulfill the people's desire.So change the democracy and  all political parties should correct the constitution of their country to include the people's commission provision to provide the people their first democratic right of The Representation   to form the political institutions in this way we can control the society and unite the people  for better purpose. Peace, security and prosperity would come through the social system  supported to political system.

Law of Contract Essay

A contract intends to formalize an agreement of two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus ad idem or are of the same mind. The parties to the contract have mutual understanding of what the contract covers, eg. In a contract for the sale of a ‘mustang’ the buyer thinks that he will obtain a car and the seller believes he is contracting to sell a horse, there is no meeting of the minds and the contract will likely be held unenforceable. Offer and Acceptance Agreement = offer + acceptance Requirements of a valid offer * Offer must be definite. It must not: * Leave aspects of the agreement dependent upon the future will of parties (Kantor v Kantor) * Leave aspects of the agreement blank or open to subsequent negotiation (Bundell v Blan & King v Potgieter & Finestone v Humburg) * Contain wording which is vague * Offer must be made with the intention of being accepted by some other person. Excludes the following which are not offers but simply invitations to do business. * General statements of lowest price (Efroiken v Simon) * Statements of lowest price in response to a specific inquiry (Harvey v Facey) * Invitations to tender (Spencer v Harding) * Newspaper advertisements in general (Shepherd v Farrel Estate Agency) * Advertisements by transport companies of their charges for conveying goods (Frazer v Frank Johnson) * Displays in shop windows (Crawly v Rex) * Displays on self service counters (Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd) * Restaurant menus. Reward Cases Adverts constitutes offer (Carlill v Carbolic Smoke Co One reward is only offered first person doing what is required is entitled to that reward. (Lee v American Swiss Watch Co.) No reward may be claimed by anyone who fulfilled the requirement not knowing of that reward (Bloom v American Swiss Co.) What is required must be done voluntarily. * Offer must not have been revoked. Offer may have been revoked or lapse in one of the following ways: * Offeree is notified that it has been revoked. * Either the offeror or offeree dies. * Lapse of a reasonable period of time. * Supervening impossibility or illegality * Rejection as where the offoree makes a counter offer which contradicts the original offer by proposing specific alterations to the terms of that offer. * Offer must be one on which an optimal time limit has not expired. * Note: keeping an offer open until the offeree is in a position to accept is permissible, since the period, although unknown, is not indefinite (Hanekan v Mouton) * In the case of an option which is offered gratuitously, silence is not acceptance (Beinart v Zeffert) * The right of acceptance of an option, provided that it is also a cash sale, can be ceded. (Hersh v Nel) * Written acceptance of an oral option is only valid upon receipt regardless of the distance between the parties. (Smeiman v Volkersz) * A provisional option allows either party to withdraw before the due date, whilist an option for a limited time at the descetion of the offeror similarly allows that offeror to withdraw, as state at his discretion. (Gerson v United Tobacco Co.s) Termination of the Offer * By acceptance- an offer which has been accepted constitutes a contract. That offer is no longer available for acceptance. * By rejection- an offer is rejected if: 1) The offeree notifies the offeror that he does not wish to accept the offer. 2) The offeree attempts to accept the offer but subject to certain conditions. 3) The offeree makes a counter offer (Hyde v Wrench) * By revocation before acceptance- an offer may be revoked (withdrawn) any time before acceptance, but will only be effective when the offeree learns about it. * If the offer lapses-the offeror may stipulate that the offer is only open for a limited period of time. Once it has lapsed any acceptance is invalid. Even if no time limit is mentioned, the offer will not remain open indefinately. It must be accepted within a reasonable period of time. * Death- if the offeror dies after having made an offer and the offeree is notified of the death any acceptance will be invalid. * Failure of a condition attached to the offer. An offer may be made subject to conditions. Such a condition may be stated expressly by the offeror or implied by the courts from the circumstances. If the condition is not satisfied, the offer is not capable of being accepted. Requirement of a valid acceptance * Acceptance must be definite and unconditional. (Watermeyer v Murray & Jones v Reynolds) acceptance must be unequivocal and stated intention to accept is not adequate. (Boerne v Harris) * Acceptance must be communicated. * Mere stated intention to accept is insufficient. (Dietirchsen v Dietrichsen) * Acceptance may be ither expressly stated or manifested by conduct. (Reid Bros v Fisher Bearings Co) * Silence can not be acceptance. (East Asiatic Co.v Midland Manufacturing Co.) except where there is a duty expressly to repudiate as with brokers notes. (Benoni Produce & Coal Co. v Grendelfinger) * An offeror is free to dispense with the normal modes of communication to indicate alternative methods of acceptance eg by dispatch of goods (Rex v Net &Mackenzie v Farmer’s Co-op Ltd) * Where specific form of communication is demanded by the offerror acceptance by any other method is void. (Eliason v Henshaw) * Whilist an offeror may prescribe the manner of acceptance, he may not prescribe the manner of refusal.eg by taking acceptance for grantedif the offeree has not acted in a certain way by a certain time. (Felthouse v Bindley) Acceptance by post or telegram or telephone or telex In acceptance by post, the basic rule is that the manner of offer implies the manner of acceptance, consequently: * Where written acceptance follows a written offer, acceptance is valid at the timeof posting (Cape Explosive Works Ltd v Lever Brothers Ltd) * Where written acceptance follows an oral offer or option (Smeiman v Volkers) acceptance is only valid upon receipt regardless of the distance between the parties. But * Where offeror has demanded some other form of acceptance, written acceptance is void (Eliason v Henshaw). Note: * Acceptance to a wrong address due to the offeror’s fault, is valid unless the offeree knew or suspected without checking, but where the mistake is the offoree’s acceptance is void. * Acceptance to the correct address, where the offeror has left that address without notifying the offeree is valid. (Naude v Malcom) * Correctly addressed and posted acceptance which does not arrive is valid. (Household Fire Insurance Co. v Grant) * An address incorrectly spelt by the offeree will only postpone acceptance to the time of receipt if the error was so fundamental as to cause delay. (Levben Products Ltd v Alexander Films Ltd) * Acceptance must be made by person for whom the offer was intended. Right of acceptance can not be ceded by offeree to a third party. (Blew v Snoxell & Bird v Summerville) * Acceptance must not be based on some justifiably mistaken. A contracting party may only avoid a contract based on his mistake if: * Justus error was present and he was therefore blameless plus * Mistake was maternal and essential or important. Ticket Cases Unsigned document such as tickets or receipts, which contain terms waiving liability on the part of contracting party A which are unknown to the other party B. Thus B can only sue A if B is blameless and this will only be the case if all of the following apply * There was no public notice displaying the terms. * The terms were not pointed out. c) The ticket was not of the type. * Contractual Capacity, meaning that the parties are legally capable of contracting. Only persons can contract, a person having the capacity to acquire rights and duties. But not only natural persons can do so. Our law recognizes the existence of artificial persons who can likewise acquire rights and duties. The most important of these are companies incorporated in terms of the companies act. The general rule is that every person is able to contract freely, within the limits of the law. But there are certain persons of limited contractual capacity whose power to enter into binding agreements is limited. Minors: a minor is a unmarried person under the age of 18. During the term of his minority he is under the custody and lawful authority of a guardian whose duty it is to maintain the minor until he can maintain himself, administer his property and assist him in contracting. * Unassisted contracts A minor may not, as a general rule sue or be sued or contract without the assistance of his guardian should he attempt to do so the contract is void. The Roman Dutch authorities speak of such purpoted contracts as being void in one direct (that is as far as the minor is concerned) and valid in another (that is as far as the other is concerned. A minor may, however, in certain cases acquire a perfectly valid obligation without his guardian’s assistance. These obligations are only exceptionally contractual, even though they often arise in the course of attempts to contract. * Enrichment Wherever a minor is unjustly enriched in terms of a purpoted contract he is bound to the extent that he is enriched. He is bound to restore to the other party to the purpoted contract so much of what he has received as remains in his possession or to pay a sum of money to the value of the advantage received. But the minor is not bound by the contract, the contract remains void. His obligation arises simply because he has been enriched at someone else’s expense. (Tanne v Foggit) * Fraudulent Misrepresentation of Majority Where a minor fraudulently misrepresents his age or pretends that he has been emancipated and by so doing deceives another person who is induced to contract with the minor, believing him to be of full age or emancipated, the minor incurs an obligation. But once again the obligation is not contractual. The minor is not bound by the contract, which is void. But the fraud being a delict, he is bound delictually to make good to the other party any loss he suffered as a result of the fraud. It is essential that the other person be misled, otherwise there can be no loss as a result of the fraud. It follows that a minor must be of such an age that it is possible for an innocent person to be misled. * Tacit Emancipation Where a minor is tacitly emancipated he can incur a binding contractual obligation within the field of his emancipation. Tacit emancipation occurs where a minor is allowed by his guardian to carry on business, or any other occupation, on his own behalf. In such circumstances the minor may himself validly contract in regards to that business. He may not, however, contract outside that business without his guardian’s consent. * Ratification Where a minor purports to contract without his guardian’s consent the contract may be subsequently ratified by either guardian, when the effect is precisely the same as if the guardian had consented at the time of the contract or the minor himself on attaining majority. Such ratification may be express or implied. It is implied eg where a person after attaining his majority, continues to use an article, which he purpoted to buy during his minority as his own, or indicates otherwise by his actions an intention to be bound. (Stuttaford & Co v Oberholzer) Once the ratification has taken place the contract is rendered valid and effective from the time of the purpoted agreement. The authority which was lacking is supplied by the subsequent ratification. Assisted contracts A minor is bound either by contracts on his behalf by his guardian or by contracts made by himself with the assistance of the guardian. * Mentally ill persons A purpoted contract made by a mentally ill person is void if at the time of agreement he could not understand and appreciate the transaction into which he purpoted to enter or if his consent was motivated or influenced by an insane decision cause by mental disease. All persons are presumed to be sane, unless they have been declared mentally disordered by an expert in the medical field. The contract is presumed void unless it can be shown that it was entered into at a time when the person concerned was in full possession of his faculties. (Prisloo’s Curators v Crafford & Prinsloo) or that his state of mind was such that he was able to understand the nature of the contract into which he entered and to appreciate properly the duties and responsibilities which were created by that contract. * Drunk Persons Where a person enters into a purpoted contract while so drunk that he does not know he is entering into a contract or he has no idea of the terms of the contract, the contract is void. The fact of drunken ness will not prevent the person concerned from incurring an obligation on the ground of enrichment. * Prodigals A prodigal (that is a person declared by the court to be incapable of managing his affairs as a result of a propensity to squander his assets) cannot contract with regard to his property. If he purports to do so the contract is void. Ut outside the field of his property he is entitled to contract freely. He may marry. The court in declaring a person to be prodigal appoints a curator bonis whose duties are to administer the affairs of the prodigal, subject to the overriding approval of the courts. * Insolvent Persons The sequestration of the estate of insolvent divests him of his estate and vests it, after appointment in a trustee. Property which he subsequently acquires before rehabilitation also vests in the trustee with certain exceptions. Certain restrictions are place on his freedom to contract, but he is in all other respects fully capable of contracting The restrictions are: -an insolvent may not contract in such a way as to purport to dispose of any property of his insolvent estate. -he may not without the written consent of his trustee enter into any contract whereby his estate is likely to be adversely affected. -he may not without the written consent of his trustee have any interest in or be employed in the business of a trader who is a general dealer. Should the insolvent, however purpot to contract in breach of these provisions of the act the contract is not void. It remains valid until it is set aside by the trustee. * Persons who have been convicted of Crime In certain cases, which do not require setting out in detail, ad which vary dependency on the crime committed and the sentence, imposed convicted persons are subject to various disqualification eg if convicted of theft, fraud, forgery or perjury and sentenced to imprisonment, they are disqualified from being appointed company directed. * Alien Enemies An alien enemy (namely a person residing or carrying on business in enemy territory) may not sue on our courts and all commercial relations with him is prohibited. * Serious Intent, meaning the parties intend their agreement to be binding and legally enforceable. When parties enter into an agreement ‘subject to contract’ they are expressly stating that they will not be bound unless and until a formal contract is drawn up. * Necessary Formalities. In some cases , certain formalities (writing) must be observed. * Contracts which must be in the form of a deed. Certain transactions involving land require a deed that is conveyances, legal mortgages and leases for more than 3 years. A promise of a gift is not binding unless in this form. * Contracts which must be in writing a contract for the sale or other disposition of land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed. In one document or where the contracts are exchanged in each. The document must be signed by or on behalf of each party to the contract. Bills of exchange, cheques and promissory notes must be in writing. Similarly the transfer of shares in a limited company must be in writing. Employment contracts should be in writing with terms and conditions of employment. * Possibility of performance that is performance of the contract must be possible. * Legality that is the agreement must be lawful. The purpose of the agreement must not be illegal or contrary to public policy where a contract involves some wrong doing, It will be illegal. If however, the conduct is neither immoral or blameworthy but simply undesirable the contract will be void. A court may object to an agreement either because of a rule of common law or because it is contrary to statute. Contracts illegal at common law * Contracts to commit crimes or civil wrongs eg a contract to assassinate someone or to defraud Zimra * Contracts involving sexual immorality * Contracts tending to promote corruption eg contract to bribe an official. * Contracts trading with an enemy of the state * Contracts directed against the welfare of a friendly foreign state. * Contract prejudicial to the administration of justice eg contract not to prosecute a person for an offence concerning the public. * Genuineness of Consent The agreement must have been entered into freely and involves a meeting of the minds. The agreement must not be invalidated by a number of factors, mistake, misrepresentation, duress and undue influence. * Mistake The general rule is that mistake does not affect the validity of a contract. The guiding principle is the caveat emptor which means ‘let the buyer beware.’ So if a person agrees to pay $1000 for a car which in reality is only worth $500, the contract is valid and he must stand the loss. It should be noted that a mistake at law will not invalidate a contract, since everyone is presumed to know the law. There are , however some kinds of mistake which so undermine the agreement that the contract is void. If this is the case, no rights of ownership can pass and any goods which have changed hands can be recovered. A mistake will invalidate the contract in the following situations. * Mistakes as to the subject matter of the contract. The parties may be mistaken as to the identity of the subject matter. If a seller makes an offer in respect of one thing and the buyer accepts, thinking of something else, the parties are clearly talking at cross purposes and there is no contract. * – mistake as to the identity of one of the parties. This may invalidate the contract where the identity of the party to the contract is material to the contract, a mistake will result in the contract being void. Where the identity of the party is not material, the contract will be valid until the mistaken party avoids the contract for misrepresentation. * Mistaken signing of a written document. As a general rule, a person who signs a document is assumed to have read, understood and agreed to its contents. Exceptionally, a person may not be able to plead ‘nonest factum’- ‘it is not my deed.’ 3 factors must be present if the contract is to be avoided, the signature must have been induced by fraud, the document signed must be fundamentally different from that thought to be signed and the signer must not have acted negligently. Rescission of terms The court may be prepared to set aside an agreement provided the parties accept the conditions imposed by the court for a fairer solution to the problem Rectification If a mistake is made in reducing an oral agreement into writing, the court may rectify the document so that it expresses the true intention of the parties. Specific performance A court may refuse to grant an order for specific performance against a party who made a mistake, if it would be unfair to enforce the contract against him. * Misrepresentation The formation of a contract is often preceded by a series of negotiations between the parties. Some of the statements made may turn out to be false. The nature of the statement will determine whether a remedy is available and if it is what type of remedy. A false stamen which is not incorporated into the contract is known as misrepresentation. A misrepresentation is a false statement made by one party to induce the other to enter into a contract. It must be shown that the statement has induced the person to whom it was made to enter into a contract. Kinds of misrepresentation and their effects There are 3 kinds of misrepresentation; fraudulent, negligent or innocent. In each case the contract is voidable. * Fraudulent Misrepresentation If the person making the statement knows that what he said is false, he will be liable for fraud. The injured party may rescind the contract and also sue for damages for the deceit. * Negligent Misrepresentation This is where the person making the false statement has reasonable grounds for believing it to be true. Damages may be awarded for a negligent misstatement. * Innocent Misrepresentation Is a false statement made by a person who had reasonable grounds to believe that it was true, not only when it was made, but also when the contract was entered into. The basic remedy is rescission of the contract. Rescission It aims to restore the parties to their pre contractual positions. Money or goods which have changed hands must be returned. * Duress and Undue Influence The general rule of law is that a contract will only be valid if the parties entered into it freely and voluntarily. Where a party to a contract or his family is subjected to threats of violence, the contract may be avoided on the grounds of duress. In undue influence, the relationship between the parties may be such that one occupies a position of dominance and influence over the other. There are several relationships such as doctor and patient, solicitor and client, parent and child where it is automatically assumed that undue influence has been at work. The contract will be set aside unless the dominant person can prove that the complainant had independent advice. Where there is no special relationship between the parties the complainant must prove that pressure was applied. Breach of Contract This may occur in a number of ways. It may be an anticipatory or actual breach. * Anticipatory Breach This is where a party states in advance that he does not intend to carry out his side of the contract or puts himself in a position whereby he will be unable to perform. The injured party may sue immediately for breach of contract or alternatively wait for the time for performance to arrive to see whether the other party is prepared to carry out the contract. * Actual Breach One party may completely fail to perform his side of the bargain or he may fail to carry out one or some of his obligations. Not every breach of contract has the effect of discharging the parties from their contractual obligations. The terms of the contract may be divided into those terms which are important (conditions) and the less important terms (warranties). A breach of a condition does not automatically terminate the contract. The injured party has a choice: he may wish to be discharged from the contract and claim damages for the breach. A breach of warranty only entitles the injured party to sue for damages. Remedies Every breach of contract will give the injured party the right to recover damages (financial compensation) other remedies such as specific performance and injunction, may be granted at the discretion of the court as part of its equitable jurisdiction. Damages In the business world it is quite common for the parties to agree in advance the damages that will be payable in the event of a breach of contract. These are known as liquidated damages. If there is no prior agreement as to the sum to be paid, the amount of damages is said to be unliquidated damages. Liquidated Damages The parties establish at the outset of their relationship the financial consequences of failing to live up to their bargain. Provided the parties have made a genuine attempt to estimate the likely loss, the courts will accept the relevant figure as the damages payable knowing the likely outcome of any legal action, the party at fault will simply pay up without argument. Unliquidated Damages The aim is to put the injured party in the position he would have been if the contract had been carried out properly. Damages are designed to compensate for the loss. If no loss has been suffered, the court will only award nominal damages: a small sum to mark the fact that there had been a breach of contract. Equitable Remedies The normal remedy for breach of contract is an award of damages at common law. There are some situations, however where damages would neither be adequate nor appropriate. Equity developed other forms of relief to ensure that justice is done. The more important of these equitable remedies are specific performance and injunction. Specific Performance A decree of specific performance is an order of the court requiring the party in breach to carry out his contractual obligations. Failure to comply with the directions of the court, lays the defendant open to imposition of penalties for contempt of court. Injunction This is an order of the court requiring the party at fault not to break the contract. Its main use is to enforce the negative promises that can that can occassionaly be found in employment contracts. The employee may agree eg not to work in a similar capacity for a rival employer during the period of his contract. Cancellation of the Contract The parties to a contract may expressly agree that breach of a certain term will entitle one of them to cancel the contract. Such express terms entitling cancellation may take any form, but the most common are forefeiture clauses, fore closure clauses and the lex commissoria. A forefeiture clause in a contract of letting and hiring is a clause which entitles the landlord to cancel the lease and have the tenant ejected. If the tenant is in breach of certain specified terms one of which is usually the payment of rent on the due date. In the absence of such a forefeiture cluse, a term governing the payment of the rent on a particular date is not material term and the land lord canot therefore terminate the contract merely on the ground that the lesee is in arrear with the rent. A foreclosure clause in a mortgage is a clause entitling the mortgagee to call up the bond where the mortgagor is in default usually by non payment of interest on due date. A lex commissoria is a provision in a contract of sale that the seller is entitled to cancel the contract on breach of one or other of the terms of the contract usually non payment of an instalment in the case of a sale where payment is made by instalments. Such a lex commissoria may, and usually does, contain valid penal provisions entitling the seller to retain so much of the purchase price as had already been paid to him, despite his cancellationof the contract and recovery of the subject matter of the sale. Termination of Contracts Performance A contract is terminated by the performance of the reciprocal obligations of the parties. Set off Where 2 parties are in debt to each other and the debts are due and liquidated, both debts are automatically extinguished if they are of the sameamount. If one is larger than the other, the smaller is extinguished and the larger automatically reduced by the amount of the smaller debt. Merger It is the concurrence of the debtor and creditor in the same person and in respect of the same obligation. It destroys the obligations in respect of which it operates. Thus if x is the tenant of y and he purchases the property from y, the lease comes to an end and for the capacities of landlord and tenant are merged in x. Agreement The parties may by agreement put an end to contractual obligations by waiver or novation. In both cases the express or implied agreement of both parties is necessary. * Waiver Is the abandonment of rights by one or both parties to a contract. It is itself a contract which requires offer and acceptance in the ordinary way. Agreement to waive may be implied, but the courts will not lightly infer the abandonment of a right. It must appear clearly from the words or conduct of the parties. The person who waives a right can only effectively do so if he has full knowledge of the right. If he purports to waive a right while ignorant of its extent even as a result of ignorance of the law the waiver is ineffective, despite the rule ignoratia uris haud excusat, provided the ignorance is probable and justifiable. The abandonment may be of all rights under the contract, which is in other words cancelled by mutual agreement, or of only certain of the rights eg waiver of one party only. Novation It occurs where the parties agree to a new contract which replaces the only one completely. The original contract is therefore terminated a new contract comes into being. The new contract, may indeed bring third parties to the original contract into the new one as parties (eg assignment and delegation) Cession on the other hand is really something different. There is not a rule to the new contract and therefore no novation. The original contract remains in existence but the right to receive performance is ceded by the cedent to the cessionary. Compromise is an agreement between persons for the settlement of a matter in dispute, each party abating some of its previous demands. If parties to a contract dispute each other’s rights in terms of the contract and subsequently they compromise their rights are regulated by the compromise and not by the original contract which falls away. In such a case, as the parties enter into a new contract which replaces the old one, it is clear that compromise is a form of novation and the ordinary rules apply eg a compromise requires strict proof, the presumption being against it. Insolvency The contractual rights and duties of an insolvent are affected in various ways by the sequestration of his estate. The majority of the rights and duties of the insolvent vest automatically in the master of the supreme court until the appointment of a trustee when they vest in the trustee. It is the duty of the trustee to recover all debts due to the estate, to liquidate the estate and to distribute the proceeds among the creditors who have proved claims against the estate. Insolvency is terminated by rehabilitation by court order. Rehabilitation discharges all debts of the insolvent, which were due, or the cause of which had arisen before sequestration. Death Death of a party does not terminate the contract. A form of compulsory assignment takes place and the rights and duties of the deceased, other than in terms of contracts involving personal skill which are terminated, pass to the executor.