Monday, September 30, 2019
Direct Instruction: Dynamics of high school teaching
It is very important to create and foster a positive atmosphere in learning. In order to do this the teacher is required to use various strategies geared towards motivating students, fostering good behaviors and learning to students and also motivate students. By creating a positive climate for learning, a teacher also makes the students develop their self-esteem and promote self responsibility to the students. By creating a positive climate for learning, the teacher makes the students to even develop more interest in the subject.A positive climate for leaning can be created by encouraging inclusive learning whereby students are given chance to give their views, there is no discrimination or stereotyping in the classroom regarding the capability of the students and also a classroom environment where there is more interaction between the teacher and the students and also among students (State university, 2010). Creating and implementation of a positive climate for learning involves ca reful planning at the beginning of the teaching programme.The learning environment should take consideration both the cognitive space and physical space. Physical space is managed by the teacher making sure that the classroom is warm and inviting, the classroom arrangement should match with the philosophy that teacher has in his or her learning. The cognitive space involves the creation of motivational climate. The teacher should establish and implement classroom management practice that creates an environment that is engaging for students in the classroom.This can be done by creating a motivational climate and setting expectations. Expectations are set in regard to students behavior. This is expressed by how interactions are made with peers and with the teacher (A partnership of the laboratory for student success and the institute for educational leadership, 2007). Motivational climate involves the development a climate whereby the teacher encourages students to do their best and h elp them be excited and have more interest about what they are learning. (Kerstges, 22/8/1999).Failure to do the above makes there to be a negative classroom climate like the one I expressed with my chemistry teacher who had the feeling that female students were incapable of performing in sciences subject. In teaching, the teacher ignored the concerns of the female students. He would always discourage the female students that he was not so much concerned about there performance because they are underachievers in sciences. There were times when he would not even mark their books when he gave assignments.
Sunday, September 29, 2019
Bay Area Greats
San Francisco has been one of the most famous cities in the United States. It's spectacular views and sensational sights have captivated much of the population of the country and tourists around the world alike. There is an interesting point towards realizing the great history of San Francisco and the architecture of the city throughout the years. This paper serves to investigate the 1920s era of San Francisco's architecture. Most structures that were built during this decade was incorporated with the Art Deco style of architecture.ART DECO A popular international design movement from the 1920s and the 1930s, Art Deco affected the decorative arts such as interior design, industrial design, visual arts such as painting, graphic arts, fashion and film. But Art Deco's most effective implication was characterized through architecture. This style was, in a sense, a combination of many varying movements and styles of the early 20th century, just like the styles of Cubism, Constructivism, B auhaus, Modernism, Futurism, and Art Nouveau.During the 1920s, Art Deco's fame and notoriety reached its peak and strongly carried on in the United States up to the 1930s. Despite many design styles or movements being philosophical or political in nature, Art Deco was strictly decorative. During its peak, the Art Deco style was perceived as functional, modern, and elegant. The name of Art Deco was coined in after 40 years, exactly during the 1960s. It was derived from the 1925 Paris Exposition of Decorative Arts, where the style or movement's apex was reached.Characterized by thin, long forms, surfaces that are curving, and patterning that is geometric, Art Deco was a style that practitioners attempted to perceive as the appearance that they thought could express the machine age. Ranging from Skyscrapers to Ocean liners up to jewelry and even toasters, Art Deco is a style that influenced a good number of factors. Despite Art Deco's most famous structures such as the Rockefeller Cent er and the Chrysler Building being located in New York, a good number of Art Deco inspired structures can be found in the great bay area of San Francisco.It somehow dominated the area during the 1920s' insurgence of the style. SAN FRANCISCO ART DECO OF THE 1920s San Francisco was in a period of prosperity during the 1920s. It was hardly a decade of radical innovation. The city also pronounced the secondary phase in the construction of a higher and taller skyline that started to overshadow the buildings downtown that was Chicago-styled. George Kelham and Timothy Pflueger were San Francisco architects who followed the architects in Chicago and New York that designed skyscrapers. Art Deco was one European trend that did affect San Francisco during the 1920s.More focused on decorative than architectural style, Art Deco was inspired by cubist and abstract painting and an involvement in motifs that are ornamental and taken from locales that are exotic such as pre-Columbian Mexico, China, and ancient Egypt. This style brought a modern element to the design of American buildings, gearing the architects towards the path of utilizing longer, cleaner lines and surfaces that are more abstract in nature. SAMPLE BUILDING 1929, Financial District, Shell Building, 100 Bush St. , San Francisco. Designed by George Kelham.This building was defined as a Zig-zag Modern skyscraper. It has a thin, stepped tower clad in terra cotta that's colored rusticated beige. The forms of shells are properly integrated into the design despite being nearly out of sightââ¬âthe shells that are projecting near the top hide lighting that turns the crown to gold occasionally. Carrying out the general them of the building is the entrance lobby. The Shell Building by George Kelham, designed in the Modern style of the 1920s, is a marvelous example of the former generation of skyscrapers.Kelham, one of the few graduates of the Ecole des Beaux-Arts who made major roles to local architecture, went to Sa n Francisco in the year 1906 to oversee construction of the Palace Hotel. He lived in the city, and his work on five major downtown structures pronounced the transition from the Chicago style to Modern structures. He is also attributed with changing the character of architects in the building of commercial structures by hiring a general contractor. Before general contractors were used, the architect had the responsibility for hiring laborers and getting materials.Just like Timothy Pflueger, Kelham's work was inspired both by New York architects who were lowering their structures due to to zoning laws passed during the year 1916 and by the entry of Eliel Saarienen in the 1922 Chicago Tribune Tower contest. As a matter of fact, the above area of the Shell Building closely looks like Saarinen's much-imitated design. George Kelham stressed verticality during a time when major structures rose 10 to 15 floors above their Chicago style counterparts. Definitely, Kelham's structures defined the upper limits of the downtown skyline during the 1920s.The structure's ornamentation shows a mixture of abstracted shell designs with Egyptian motifs, preferably the tower's lotus flowers. The Shell building was one of San Francisco's best Modern designs of the 1920s. It was described by the Architect and Engineer as possessing the central tower of the Russ Building, the penthouse of the Telephone Building, Gothic verticality, and its own definitive treatment of the eight upper floors. It was also described as a building that follows Eliel Saarinen's Chicago Tribune Tower Competition model entry.The ornamentation of the Shell Building was also incorporated with ââ¬Å"Egyptian ancestry and with a modernistic flareâ⬠. It includes an elaborate design of abstracted shells, an incorporation with the owner of the building. The tower's upper part with its ornamental concentration, was dramatically original with floodlight at night. The interior of the building also carried ornamen tal detail, including the building lobby, all elevator lobbies, and the offices of the executives. Designed with movable partitions were the office floors.The building's greatness can also be concluded with its record-breaking time of completion. The whole structure was also constructed using Steel frame construction. Today, it remains as one of San Francisco's most distinctive business addresses. The Shell building won the 1994 San Francisco Architectural Heritage Award for the excellence in architectural preservation. It was defined as a building strongly influenced by Art Deco and its founding father which is George Kelham. The Shell Building with its time-honored architecture, contemporary offices and classic amenities-has captured the best of both worlds.It is a San Francisco landmark. CONCLUSION San Francisco's Art Deco style during the 1920s has produced inspiring works of architecture up to today. The dominance of the Art Deco style in the 1920s helped San Francisco in turni ng around and becoming as one of the most popular places in the United States. The Shell Building for example, has created a great sense of fame and popularity due to the Art Deco influence. San Francisco and Art Deco somehow seemed fit for each other and as one tours San Francisco, the Art Deco style is one style that mostly captivates the eyes.
Saturday, September 28, 2019
FINANCIAL INFORMATION COURSEWORK ASSIGNMENT Example | Topics and Well Written Essays - 1250 words
FINANCIAL INFORMATION ASSIGNMENT - Coursework Example nancial statements as it provides reliance upon the business which is conducted by the company during the year and the user of the financial statement, which can be a shareholder, lender, prospective investor or even employee of the company, can place faith in the fair statement of the affairs presented in it. The ratios of the company, that summarize the performance of the company during the year and previous year, are provided and an in-depth analysis over the results based on the calculated ratios is carried out. The company has maintained its ratio of profitability since the last year as the company had a gross profit and net profit margin of 7.76% and 3.96% last year respectively which was increased marginally to 8.1% and 4.1% respectively. This shows that the company is showing a good bit of increase in its already good profitability. The liquidity management of the company is in good health if we consider the particular industry to which the company belongs to as the retail business sector operates with low liquidity. The company has maintained a current ratio of around 0.75 in both the years. The gearing ratio is quite satisfactory as the company has managed to keep the gearing debt to equity ratio below the standard 1 which indicates that the company is more dependent on equity finance as compared to debt finance which is a good sign for any company. The share price of the company at the end of the current financial year was à £4.2 per share while the share price at the end of the 2009 financial year was à £3.33 per share. Therefore the increase in the share price since then is over 20%. The return on Equity has declined marginally in the year 2010 as compared to 2009 even though the profit margin of the company has increased. The main cause of the decline is the decline in the Assets leverage. The assets of the company have increased but not in the same proportion as compared to last year. If the Return on Equity is calculated by ignoring the equity
Friday, September 27, 2019
CCI - Exploiting new ventures Essay Example | Topics and Well Written Essays - 250 words
CCI - Exploiting new ventures - Essay Example The day to day affairs of the in-company ventures are handled by the business unit management, whereas, the organization management monitors and controls the overall performance of various business units. Joint ventures, whether local or worldwide, are the organizations engrossing two or more companies merging for an interim period to commence a specific project. Joint ventures may engage two or more companies from a single or more countries. International joint ventures in particular are becoming more popular, especially in businesses where a specific project involves huge amount of cost, for e.g. exploration of oil and gas and minerals and metals handling processes. The basic reason behind this type of venture is always to reduce related costs. A spin-out corporate venture is one when a company breaks up its various sections as independent and stand alone businesses or companies. The split company takes its associated assets, properties, products, related technologies and etc from its parent company. Agilent technology is an example of a spin out venture of Hewlett-Packard
Thursday, September 26, 2019
My Personal Development Portfolio Essay Example | Topics and Well Written Essays - 1000 words
My Personal Development Portfolio - Essay Example That being said, I still experienced some degree of cultural shock when first I arrived in the United Kingdom. For one thing, the legal system here operates with a higher degree of fairness, and the freedom of speech, too, is something, I admit, I had never experienced before. That being said, however, not all of my early experiences were pleasant. Russian being my primary language, I have no shame whatsoever admitting that learning the English language was rather difficult at first, though Iââ¬â¢d like to think I have now been able to attain a certain degree of proficiency in it. Even so, I still intend to further improve in this endeavour. Last but not least, I aim to curb my issues regarding time management and procrastination. My Immediate Objectives My personal development plan places focus on rectifying my weaknesses. It has been my experience that among the weaknesses I mentioned, the most problematic is my still-developing prowess in the English language, not to mention my difficulties in time management and in public speaking. As early as now, then, Iââ¬â¢d like to be able to get to address these problems early, so I can use my time later on to focus on more pressing concerns. In this case in particular, fixing my weaknesses will allow me to utilize my strengths to greater effect. For one, typing is a skill I want very much to improve on, but more importantly, I feel it necessary to further improve my command of the English language. Of course, Iââ¬â¢m proud of the progress Iââ¬â¢ve made on my own; so far, Iââ¬â¢ve gotten by practicing with people I know. Formal classes may help me learn at an even faster rate, but if at all possible, Iââ¬â¢d rather not have to spend more than I can reasonably afford to.
Wednesday, September 25, 2019
Business Strategy Research Paper Example | Topics and Well Written Essays - 250 words
Business Strategy - Research Paper Example The paper assesses the company strategy employed at Techno Electronics Ltd during its ten year tenure in business as well as providing recommendations for realizing further success in the international market. Techno Electronics Ltdââ¬â¢s strategies of product innovation and product development are employed via the R&D team which has been spearheading the series production of quality products produced over the past years. At Techno Electronics Ltd, large sums are invested into the manufacturing and R&D team in order to enhance the companyââ¬â¢s manufacturing set up, economic sourcing and prototyping of components, product design and development, lean production as well as its total quality management in order to timely deliver quality products as per the customers specifications and or needs (Singer, 2008). The companyââ¬â¢s long existence in the market is an indicator of the success of the employed strategies. Techno Electronics Ltd has been able to survive the tough and speedy growing world of technology. According to Kaplan and Norton (2008), the use of advanced technology in the production phase can increase the companyââ¬â¢s productivity as well as reduce the cost of production. In addition, Porter (2008) suggests that the human resource strategies the company should take into consideration should involve training of employees in order to increase productivity and gain global competitive advantage as well as cut on the high cost of hiring labor. Other strategies include international marketing communication to market the products as well as build the companyââ¬â¢s brand image in the international market (Kà ¶ksal and Ãâ"zgà ¼l, 2007). Pricing strategies involving high product pricing should be employed to tone down the high production cost. With the continued growth in the use of social networks, the company should use these services as marketing tools for expanding into fre sh markets. Furthermore, online marketing helps build the
Tuesday, September 24, 2019
Discuss what skills might be required from managers to cultivate and Essay - 1
Discuss what skills might be required from managers to cultivate and foster creativity and innovation in workforce. Use examples to illustrate your discussion - Essay Example It is only by realigning its goals and its operations to the changing economic conditions that an organization can continue being successful. In this regard, it reaming that managers should be competent with regard to managing change, bit within the organization and the change without the organization in order to remain competitive. These laws explain how acts by individual people with self interest lead to foreseeable results in the market. The laws define how competition is as a result of the individual people trying to achieve their own self interests. This competition then acts as the basis on which products are availed to the society. Competition, according to these laws creates a regulatory environment where the producers will have to confine themselves within these rules that come naturally from the competition forces, or they will be thrown out of the market. These producers are only motivated by profit and the only thing that can draw the boundary on how much they will exploit the society is Competition. Competition, according to Adam smith, does more than just regulate these producers, it pushes them towards meeting the societyââ¬â¢s needs by forcing them to continually innovate products and goods that the society wants. Through this mechanism of Competition, the society subconsciously allocates, and reallocates the means of production to suit its needs. This leads to what Adam Smith referred to as the self regulating properties of the market. The constant need for economic growth leads to the need for constant change. Economic growth is a basic need in any society because the society wants to be able to meets its new needs to survive. As the society grown in terms of numbers, new challenges arrive and they must be dealt with. For instance, with increased population, more resources such as food, is required to keep the society fed. This would require better ways to produce food,
Monday, September 23, 2019
Jihadism constituted a radical break from earlier traditions of Essay
Jihadism constituted a radical break from earlier traditions of Islamism - Essay Example Jihad has a very long history in Islamic world and it started since it was allowed under the basic tenets of Islam. This was done in order to allow Prophet (PBUH) so that the religion can be spread and the power and strength of Islam as a religion and Muslims as a community can be established. In order to understand the concepts of Jihad as outlined in the Islam and as they are being practiced now, it is really critical to understand the overall concept of Jihad and how it has been outlined by the Islam in it original principles. Further, it is also critical to explore as to how the Jihad is being conceived and practiced now and whether there is a drift from the earlier established principles or not. It has been argued that the Jihad as it is practiced now is a complete shift from the earlier traditions of Islam and is now believed to be practiced in a manner which marks a complete shift from the same. Whether this is the case or not or whether Jihad is exactly practiced the way earl ier traditions outlined is the topic which this paper will attempt to explore and discuss. The literal meaning of the word Jihad in Arabic is struggle and is a noun in Arabic language. The word Jihad has appeared in the Quran for more than 40 times however, indirect references to the metaphysical meanings of the word have also been made in Quran on various occasions. Quranic interpretation of Jihad therefore indicates a struggle in the way of Allah and is considered as one of the important religious duties for the Muslims. There are various instances in Muslim history in which Prophet (PBUH) has considered doing Jihad under different conditions. The overall importance which has been attached to it is because it is not only mentioned in Quran but it was also practiced by the Prophet (PBUH) himself. (Burgat & Dowell, 1993) There are various instances in the Islamic history wherein Prophet (PBUH) has specifically mentioned that the greater Jihad is the struggle against oneââ¬â¢s own desires. Based on this, Jihad is therefore often divided into two categories i.e. lesser Jihad and greater Jihad or Jihad e Akbar. Greater Jihad is often referred to the notion where a pious Muslim has to strive against his wishes and ego and make a complete surrender to the Will of Allah. Such surrendering to the will of Allah and renunciation of the worldly wishes is therefore given a greater significance in Islam as compared to the waging a lesser Jihad in the way of Allah. It is also argued that Jihad has also been named as a process to bring a balance between Islam, faith and righteous living. This so called spiritual struggle is still considered as one of the fundamental aspects of defining the Jihad and its right context. This concept is relatively more critically in order to accurately trace down the differences between the Jihad as described in the earlier traditions of Islam and how it is being practiced now. The visible differences between the approach of the moderate Mu slims and more fundamentalist Muslims towards the interpretation of Jihad and its actual place in ordinary Muslim Life is one of the fundamental arguments which need to be discussed further. Jihad is often used within three different contexts i.e. jihad or struggle to correct oneself and fight with oneself in order to correct the faith of an individual, Jihad in order to improve the Muslim society and Jihad as a holy war. It is this third concept of jihad as a holy war which has attracted much of the significance and importance over the period of time because of its direct and indirect influences on the other communities i.e. non- Muslims. The original concept of Jihad and its allowing in Quran is often considered as the time
Sunday, September 22, 2019
Age of Enlightenment Essay Example for Free
Age of Enlightenment Essay In his essay ââ¬ËWhat is Enlightenment?ââ¬â¢ Immanuel Kant discusses the nature of Enlightenment and how it can be brought to the general public. According to Kant, ââ¬Å"Enlightenment is manââ¬â¢s release from his self-incurred tutelage.â⬠By this, Kant means that Enlightenment is when one man is able to make use of his understanding without guidance from another man. Kant sees an Age of Enlightenment as a time when the human society can be liberated from their nature of discharge, which is a need for someone to be their director. However, Kant also states that we have a natural need for tutelage when we are young, and that it is perfectly all right. In addition, after nature discharges us of this need, we should activate our rational ability. Enlightenment according to Kant is the progress of a society through free activity of rational thought and intellectual assessment. In an Enlightened Age, the public would be able to manage their given freedoms with competence. However, Kant claims that we do not live in an ââ¬ËEnlightened Ageââ¬â¢; rather, we live in an ââ¬ËAge of Enlightenment.ââ¬â¢ By this statement, he means that an Enlightened Age would be an age where we have overcome all self-incurred tutelage. An Age of Enlightenment is the current age, where we have not overcome all self-incurred tutelage, but where we have begun to activate our own powers of reason and have begun to make progress through critique. Also in his essay, Kant distinguishes between the public and private use of reason. He states that ââ¬Ëthe public use of oneââ¬â¢s reason must always be free and it alone can bring about enlightenment among men.ââ¬â¢ In saying this, the author views public usage of reason as for the purpose of progress. Kant regards the private use of reason as ââ¬Ëthat which one may make of it in a particular civil post or office which is entrusted to him.ââ¬â¢ In other words, the philosopher explains the private use of reason as a rational worker in a specific occupation. In my opinion, Kant was a great thinker. I could not argue with his supporters that claim that he is the last philosopher. Reading this clip of his beliefs, I think that Kant makes a great point. I agree that for the human race to be considered enlightened we will need to avoid the natural urge to want to not feel alienated. Humans are generally a dependant species, needing company or some sort of contact with other humans. Along with this, we usually do not want to feel different and hence, we sometimes model our actions after what we see others do. In conclusion, Immanuel Kantââ¬â¢s essay, ââ¬ËWhat is Enlightenment?ââ¬â¢ describes the time we are living in as an Age of Enlightenment, not an Enlightened Age. Kant also theorizes that to be in the ideal Enlightened Age, society will have to make irrational thoughts and actions obsolete. Society will need to make decisions after careful study of the possible outcome and effects their choices may cause. Bibliography: Essay what is enlightenment? by Immaneul kant
Saturday, September 21, 2019
Corporate Social Responsibility and Business Law Essay Example for Free
Corporate Social Responsibility and Business Law Essay Introduction Our assigned topic deals with a phenomenon that has taken the corporate world by storm rather recently, particularly in Pakistan. It entails the dilemma that every corporation faces when they have to make decisions regarding the firmââ¬â¢s profitability and their corporationââ¬â¢s social responsibility. The term corporate social responsibility came into common use in the late 1960s and early 1970s after many multinational corporations formed the term stakeholder, meaning those on whom an organizations activities have an impact. It was used to describe corporate owners beyond shareholders. The field of corporate social responsibility (CSR) has developed exponentially in the last decade. Nevertheless, there remains a lingering debate about the legitimacy and value of corporate reaction to CSR concerns. There are different views of the function of the firm in society and disagreement as to whether wealth maximization should be the sole goal of a corporation. An escalating number of shareholders, analysts, regulators, activists, labor unions, employees, community organizations, and news media are asking companies to be accountable for an ever-changing set of CSR issues. There is rising demand for transparency and growing expectations that corporations measure, report, and continuously improve their social, environmental, and economic performance. According to Business for Social Responsibility (BSR), corporate social responsibility is defined as ââ¬Å"achieving commercial success in ways that honor ethical values and respect people, communities, and the natural environment.â⬠Each company is at variance in how it implements corporate social responsibility, if it does so at all. The differences depend on such factors as any particular companyââ¬â¢s size, the particular industry involved, the firmââ¬â¢s business culture, stakeholder demands, and how historically progressive the company is in engaging CSR. Some companies focus on a single area, which is regarded as the most important for them or where they have the highest impact or vulnerabilityââ¬âhuman rights or the environment, for exampleââ¬âwhile there are others who endeavor to incorporate CSR in each and every one facet of their operations. For successful execution, it is fundamental that the CSR principles are part of the corporationsââ¬â¢ values and strategic planning, and that the management and employees, both are committed to them. Furthermore, it is important that the CSR strategy is aligned with the companyââ¬â¢s specific corporate objectives and core competencies. As CSR comes into contact with many of the problems conventionally addressed by government, like human rights and community investing, there is strong censure that societal problems are best solved by freely elected government bodies as the resources of a corporation are poorly matched for addressing those social problems, and therefore, it is argued, they should not be misallocated. According to Friedman (1970), in a free society, ââ¬Å"there is one and only one social responsibility of businessââ¬âto use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud.â⬠The idea is that the state should address social problems, supported by the argument that an executive, by taking money and resources that would otherwise go to owners, employees, and costumers, and allocating them according to the will of the minority, and will fail to serve the interests of her or his principal. In this way, the executive imposes a tax and spends the proceeds for ââ¬Å"socialâ⬠purposes, which is insupportable, since she or he has neither the skills nor the jurisdiction to do so. On the other hand, there are many demands by others for corporate adoption of the CSR principles. Although the government is chiefly responsible for addressing those issues, the contribution of private firms can be substantial. There is also the argument of the shifting balance of power. According to the Organization of Economic Co-operation and Development (OECD), of the 100 largest global economies, as indicated by their respective GDP, 51 of them are US corporations, and only 49 are nation states. So economic supremacy has shifted to the corporations; they, therefore, should have an increasing role in and accountability for addressing social problems. For example, the government sets the regulations and the minimum standards for the workplace, but a company can further improve the work environment and the quality of living of its employees. A firm cannot stay oblivious to the problems of the environment in which it functions. The poverty of a nation stateââ¬â¢s citizens, political unrest, and the exhaustion of natural resources can have destructive effects for a corporation. For example, resources that are inputs in the production process and which, at the foundation of the industrial revolution, were plentiful are now scarce, polluted, or diminishing in many regions of the entire planet. As one would expect, this imposes an extra cost to the corporations and may force them to reposition or to cease operations. From one perspective, companies may be poorly equipped to address some of the social or environmental problems, but from another perspective, no matter how poorly equipped, companies may still be best positioned to improve the problems. Undoubtedly, adopting the CSR principles involves costs. These costs might be short term in nature or continuous outflows. They may involve the purchase of new environmentally friendly equipment, the change of management structures, or the implementation of stricter quality controls. Since being socially responsible involves incurring costs, it should generate benefits as well in order to be a sustainable business practice. A corporation could not continue a policy that constantly generates negative cash flows. The shareholders invest their money in a corporation, expecting the highest possible risk adjusted return. Therefore, being socially responsible should have bottom-line benefits in order to be sustainable. Socially responsible corporate performance can be associated with a series of benefits with the final outcome. But in a lot of cases, it seems that the time frame of the costs and benefits can be out of alignmentââ¬âthe costs are in the near future, whereas the benefits are not often realized until long periods of time have lapsed. Nevertheless, many benefits can be identified. Firstly, socially responsible companies have enhanced brand image and reputation. Consumers are often attracted towards brands and companies with good reputations in CSR related issues. Therefore, a corporationââ¬â¢s brand equity is automatically enhanced. A company regarded as socially responsible can also benefit from its reputation within the business community by having increased ability to attract capital and trading partners. However, reputation is hard to quantify and measure; it is even harder to measure how much it increases a companyââ¬â¢s value. But since companies have developed methods to measure the benefits of their advertisement campaigns, similar methods can and should be able to be applied in the case of corporate reputation. Socially responsible companies also have less risk of negative rare events. Furthermore, companies that adopt the CSR principles are more transparent and have less risk of bribery and corruption. In addition, they may execute stricter and, thus, more costly quality and environmental controls, but they run less risk of having to bear in mind defective product lines and pay heavy fines for excessive polluting. They also have less risk of negative social events which damage their reputation and cost millions of dollars in information and advertising campaigns. The scandals about childââ¬âlabor and sweatshops that affect the clothing industry are two fine examples. Thus, socially responsible businesses should have more stable earnings growth and less downside volatility. Since companies that adopt the CSR principles carry less risk, when valuing those companies, a lower discount rate should be used. In the company valuation this lower tail risk should be taken into account. There are also other cases in which doing what is good and responsible converges with doing the best for the particular business. Some CSR initiatives can dramatically reduce operating costs. For example, reducing packaging material or planning the optimum route for delivery trucks not only reduces the environmental impact of a companyââ¬â¢s operation, but it also reduces the cost. The process of adopting the CSR principles induces executives to reconsider their business practices and to seek more efficient ways of operating. Companies perceived to have a strong CSR commitment often have an improved ability to attract and to retain employees (Turban Greening 1997), which leads to reduced turnover, recruitment, and training costs. Employees, too, often evaluate their companies CSR performance to determine if their personal values conflict with those of the businesses at which they work. There are many known cases in which employees were asked, under pressure of their supervisors, to overlook written or moral laws in order to achieve higher profits. These practices create a culture of fear in the workplace and harm the employeesââ¬â¢ trust, loyalty, and commitment to the company. Companies that improve working conditions and labor practices also experience increased productivity and reduced error rates. Regular controls in the production facilities throughout the world ensure that all the employees work under good conditions and earn living wages. These practices are costly, but the increased productivity of the workers and improved quality of the products generate positive cash flows that cover the associated costs. Thus, firms may actually benefit from socially responsible actions in terms of employee morale and productivity (Moskowitz, 1972). Literature review CSP is a global concept that encompasses those of Corporate Social Responsibility and Corporate Social Responsiveness. It provides a coherent framework to explore business-society relationships by looking at the social impact of corporations with business criteria of performance measurement, such as quality, efficacy, effectiveness, innovation (Carroll, 1991; Wood, 1991). The challenge for corporate social responsibility (CSR) in developing countries is framed by a vision that was distilled in 2000 into the Millennium Development Goalsââ¬âââ¬Ëa world with less poverty, hunger and disease, greater survival prospects for mothers and their infants, better educated children, equal opportunities for women, and a healthier environmentââ¬â¢ (UN, 2006: 3). The penetration of the social realm into corporate strategy has gathered momentum in the last years. The movement for CSR has ââ¬Å"won the battle of ideasâ⬠(Crook 2005). By now, most well managed companies have adopted th e practices and certifications mandatory in their industries, having gone through what Zadek (2004) calls the ââ¬Å"defensiveâ⬠and the ââ¬Å"complianceâ⬠stages of CSR. Managing the social and environmental footprint of economic activity is generally accepted as part of the cost of doing business. But much remains to be done. If companies are to move their CSR activities from satisfying behavior and take their commitment to society and the environment to the next level, they will need to rethink their current approaches to CSR, tapping into the creativity of every individual. CSE, like all entrepreneurship, is not about managing existing operations or CSR programs; it is about creating disruptive change in the pursuit of new opportunities. It combines the willingness and desire to create joint economic and social value with the entrepreneurial redesign, systems development, and action necessary to carry it out. Accelerated organizational transformation faces a host of obstacles well-documented in the change management literature. Some people argue that media pressures the corporate managers and directors to behave in ways that are ââ¬Å"socially ac ceptableâ⬠. Sometimes this coincides with shareholdersââ¬â¢ value maximization, others not (Zinagales, 2002). Although there are several contested notions of what CSR should be and how it should work, there is some agreement upon what it broadly entails. A number of concepts and issues are subsumed under the heading of CSR, including human rights, environmental responsibility, diversity management, sustainability, and philanthropy (Amaeshi Adi, 2006), meaning that it is a complex area with an interdisciplinary focus. It is generally agreed that CSR involves corporations voluntarily exceeding their legal duties to take account of social, economic and environmental impacts of their operations. Consideration of the social, economic and political context demonstrates how CSR forms part of a wider strategic direction being taken internationally with regard to market relations and the pursuit of a range of objectives and goals. The context is in part provided by concerns about the numerous examples of irresponsible behavior on the part of corporations, ranging from colluding with oppressive regimes and in the overthrowing of governments (Alston, 2005) to issues relating to working conditions and the impact of unethical marketing practices (Richter, 2001). Such examples have demonstrated the need for the worst excesses of business to be curbed. The globalised economy is understood to raise important issues for businesses and governments due to changes in patterns of production and consumption. In particular it is noted that the manufacturing of goods is highly mobile (Cassell, 2001:263) and that supply chains are often dispersed in various countries, creating difficulties in terms of legislation and regulation. Moreover, economic globalization presents challenges to the ability of states to protect peoples rights (Cassell, 2001). The notion of corporate social responsibility is part of the third way (Gond Matten, 2007), where the role of the state is now to provide steering for the promotion of social development and social justice (Giddens, 2001: 6). There is increased involvement of the private sector in traditionally statutory provision through privatization and public/private partnerships (Meehan, 2003). Economic policies have created a need for markets and business to self-regulate in order to continue to pursue an international free market economy, but also to ensure sustainability of economic, human and other resources, and of the environment. CSR is seen as a solution to these problems of regulation. The private sector is increasingly seen as a key player in the achievement of many national and international strategic objectives for governments, which is also enabled by CSR. Methodology To gather information, we used secondary research as our main source of information. Various academic journals and internet sources were pursued to cater to the important aspects of the given topic. Moreover, since we thoroughly researched this topic, personal opinions were formed and using those and logic, we justified our opinions accordingly. How can business persons act in an ethically and socially responsible manner and at the same time make profits? Suppose clear-cutting is profitable and legal, but is nonetheless regarded as environmentally irresponsible under prevailing social norms. Can management of a timber corporation decline to clear-cut its timberland even though that sacrifices profits? One might be tempted to evade the question by claiming that being environmentally responsible is profitable in the long run, either because it preserves the forest for future harvesting or because it maintains a public goodwill that aids future sales. But suppose, in an incautious moment, management admits that the present value of those future profits from not clear cutting cannot hope to match the large current profits that clear-cutting would produce. Or, more realistically, suppose a takeover bid by a firm known to clear-cut establishes precisely that proposition by offering far more than the stock price that reflects the current stream of profits. Can management reject the profitable takeover bid on the grounds that it will lead to socially undesirable clear-cutting? The answers to these questions will challenge the canonical law and economics account on corporate social responsibility, which goes something like this. Unless modified by statute, traditional fiduciary duties require corporate managers to further the interests of shareholders, and thus require them to maximize corporate profits subject to the obligation to comply with independent legal constraints. Ethics and social responsibility are very important values in business ventures. This is particularly essential in decision making process. Ethical conscience reminds business persons to make trustworthy and profitable business decisions. Likewise, the social responsibility component requires business persons to make entrepreneurial decisions that can enhance benefits and repelling harms to the stakeholders. The canonical law and economics view holds that corporate managers do and should have a duty to profit-maximize because such conduct is socially efficient given that general legal sanctions do or can redress any harm that corporate or non-corporate businesses inflict on others. If certain conduct imposes excessive harm on others or merits taxation, then an independent law should regulate and impose liability or taxes whether or not the actor is a corporation, and if the conduct does not impose any impermissible harm or merit taxation, then the most socially desirable thing for corporations to do is maximize profits. Other stakeholders could either legally protect themselves by contract with the corporation or have their legal protection provided by judicial gap-filling of such contracts. Part of what makes this account canonical is that it helps define the boundaries of the corporate law field. It leaves corporate law scholars free to ignore issues about any effects the corporation may have on the external world as topics best addressed by other legal fields, and to focus on more tractable models about which corporate rules would maximize shareholder value.
Friday, September 20, 2019
History of Contract Law
History of Contract Law Contract Law In Brief ââ¬â History of Contract Law The development of contract law into its modern conception is fundamentally based on the Latin principle of ââ¬Ëpacta sunt servandaââ¬â¢ (ââ¬Ëall pacts must be keptââ¬â¢) dating back to when trade first began in earnest. Therefore, with this in mind, as the law has developed, breach of contract has come to be recognised by the common law legal system. As a result, it is to be appreciated that remedies can then be effectively provided as a consequence for all manner of agreements that are reached by parties at various levels from individuals to corporations to countries themselves leading to the establishment of obligations between the said parties entered into freely with the aim to create legal relations. This is because of the fact that clearly, in view of the nature of the relationships that are formed, it is important to look to take steps to effectively guarantee equality in these relationships so that the party that is seen to be in the most superior position cannot simply ride ââ¬Ëroughshodââ¬â¢ over the consumer simply because it suits them. As a consequence, the common law and the legislation that has since been developed through the years in this area has served to establish where a contract has been effectively and legally formed and as to how and when it can be reached and the remedies that are said to be available in such circumstances for the party that is injured by the breakdown in the relationship. Therefore, with this in mind, it is generally believed that the system is effective but, with ongoing technological advancements, only will tell how long it will take before the law is changed in recognition of this. In the development of the concept and principles of the law of contract in this country the courts, in relation to various aspects of the topic, have reached many significant decisions. By way of illustration, one of the most famous cases in the whole of the law of contract must be the seminal decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, in relation to the distinction between an offer and an invitation to treat, that must be closely followed by the decision in Adams v. Lindsell (1818) 1 B Ald. 681, that served to establish the ââ¬Ëpostal ruleââ¬â¢ that has since been somewhat adapted, through technological advancements, so as to also be read in accordance with Entores v. Miles Far East Corporation [1955] 2 QB 327. Moreover, the issue of mistake, as a reason for considering a contract to be void, was effectively illustrated by Bell v. Lever Bros Ltd [1932] AC 161, HL, that was also supported by the decision in Derry v. Peek (1889) 14 App Cas 337, HL, in r elation to the concept of misrepresentation. Finally, in relation to consumer protection, the decision in Saphena Computing v. Allied Collection Agencies [1995] FSR 616 is reflective of the need for quality in the goods that are offered by way of contract so that there are standards to be adhered to that can be redressed. In looking to consider whether a valid contract has been formed it is generally considered to be a good idea to look at the negotiations that have taken place between the parties. But this can be quite problematic where there there is a lengthy course of negotiations between the parties because it may be difficult to effectively determine when they have actually reached an agreement, supported by Kennedy v. Lee (1817) 3 Mer 441. Nevertheless, inspite of a prolonged period of continuing negotiations, the courts may be willing to find a concluded bargain; and, if so, a continuance of the negotiations thereafter will not necessarily terminate that agreement, illustrated by Davies v. Sweet [1962] 2 QB 300. However, in making their decision in relation to any series of negotiations put before them, the courts will also look to consider the three fundamental aspects that are recognised as part of any contract ââ¬â (a) offer; (b) consideration; and (c) acceptance ââ¬â in order to make their decision about whether an agreement has been fromed leading to a binding contract. (a) Offer The offer is considered to be concerned with the making of a written or oral proposal to give or do something as part of an agreement that may be deemed to be a legally binding contract in certain circumstances that may be express or implied from the conduct of the parties in any given case. As a consequence, it is important to understand that the person making the offer is the offeror, whilst the person to whom the offer is made is the offeree and any given offer must adhere to the following rules ââ¬â (i) it must be made to a definite person, class or person, or even the world at large; (ii) it must be effectively communicated to the offeree before acceptance; but (iii) the offer is only considered to have been made when it actually reaches the offeree ââ¬â see, by way of illustration, the decision in Adams v. Lindsell (1818) 1 B Ald. 681. (b) Consideration The element of consideration within a contract refers to that which is actually given or accepted in return for a promise as part of an agreement in the form of a ââ¬Å"right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the otherâ⬠, in keeping with the decision in Currie v. Misa (1875) LR 10 Ex 153. Consideration is executed when the act that is considered to constitute the consideration in a given case is performed and is deemed to be ââ¬Ëexecutoryââ¬â¢ when it is yet to be performed in the future. But regardless of this, any element of consideration must be legal, not be past, and move from the promisee to the promisor, supported by Lipkin Gorman v. Karpnale [1991] 3 WLR 10. (c) Acceptance The idea of acceptance relates to the idea of where an offer is made by one party that is considered to be acceptable to another without qualification in words or through conduct to the offeror in conformation with the indicated or prescribe terms of the offer that has been made, in keeping with the decision in Hyde v. Wrench (1840) 3 Beav 334. But it also must be recognised that it is possible to have an acceptance ââ¬Ësubject to contractââ¬â¢ where the parties will only be bound where a formal contract is prepared and then signed, according to Chillingworth v. Esche [1924] 1 Ch 97. Moreover, the acceptance of goods within the remit of section 2 of the Sale Supply of Goods Act 1994 takes place when the buyer indicates to the seller that they have accepted them or, when they have been delivered, acts in a way that is considered to be inconsistent with the sellers ownership or retains them for a substantial period without rejecting them. (a) Counter Offer A counter offer is usually taken to refer to the occasions where the offeree makes a response that serves to effectively suggest that there is only likely to be an agreement on terms that are considered to be substantially different from those that were originally put forward. Therefore, with this in mind, this idea is perhaps best illustrated by way of a practical example ââ¬â i.e. where Party A says to Party B ââ¬Å"You can have my horse for à £10,000â⬠and Party B thinks about this and then says ââ¬Å"I like this horse, but I am only willing to go to à £8,000â⬠that is effectively a counter offer that is also supported by the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. (b) Invitation to Treat The idea of an invitation to treat is effectively based on the premise of an offer to receive an offer and whilst this principle of the law of contract was considered to have most famously been considered in the decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, it is important to appreciate that, in Fisher v. Bell [1961] 1 QB 394, Lord Parker most effectively served to summarise the concept. This is because of the fact that, in this case, he said that, by way of illustration, ââ¬Å"the display of an article with a price on it in the shop window is merely an invitation to treat. It is in no sense an offer for sale, the acceptance of which constitutes a contractâ⬠. (c) The ââ¬ËPostal Ruleââ¬â¢ As an important aspect of contractual theory, the ââ¬Ëpostal ruleââ¬â¢ was an early nineteenth-century common law doctrinal development. Therefore, it served to hols an epistolary acceptance of a contractual offer will be said to become binding when it is put within the course of the postal service, according to Adams v. Lindsell (1818) 1 B Ald. 681, as the fairest method of allocating the risk, supported by Household Fire Insurance Co. v. Grant (1879) 4 Ex. D 216, and to avoid the revocation of the offer that was made leading to the acceptance until it was received, illustrated by the decision in Re Imperial Land Co of Marseilles (1872) LR 7 Ch App 587. Consequently, it is to be appreciated that a complete contractual agreement was said to exist when the properly stamped and addressed ââ¬Ëletterââ¬â¢ is put in the course of postal transmission, supported by Henthorn v. Fraser [1892] 2 Ch 27, and beyond the power of the acceptor so it is immaterial whether it reaches the offeror or not, illustrated by Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666. Consequently, the ââ¬ËPostal Ruleââ¬â¢ is usually considered to be somewhat advantageous for the offeree since they will not be responsible for delay because the burden of uncertainty of waiting is with the offeror. Whilst the Internet does not require a direct physical link between the users, it does allow the user to be notified if a message is successfully sent and/or received by another machine. But, whilst it is imperative for the user to re-send their message where it has not been successfully sent or received, in keeping with the decision in Entores v. Miles Far East Corporation [1955] 2 QB 327, intention to formulate e-contracts effectively is still open to debate, illustrated by Pretty Pictures Sarl v. Quixote Films Ltd (2003) All ER (D) 303. Such a view has arisen because the contract in such cases comes into existence where acceptance is received, supported by Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293. Therefore, generally, for revocation of acceptance of an offer to be effective in this area, revocation would take effect when it is communicated if they were considered to be revoking the ââ¬Ëofferââ¬â¢ to take the goods, illustrated by Byrne v. Van Tienhoven (1880) 5 CPD 349. But this is not the case with ââ¬Ëelectronic contractsââ¬â¢ formed under the ââ¬Ëpostal ruleââ¬â¢, so anyone contracting on this basis would need to be advised the acceptance of an offer is complete as soon as the acceptance is ââ¬Ëpostedââ¬â¢. However, there is some controversy in this area because such a revocation would usually in no way have prejudiced the offeror if they were to receive the revocation before the acceptance and the only direct authority is that of the troubling decision in Countess of Dunmore v. Alexander (1830) 9 S. 190 so the better view is that such acceptance is generally irrevocable, in keeping with Wenkheim v. Arndt (1873) 1 JR 73 (NZ). But statutory provisions have provided for a ââ¬Ëcooling offââ¬â¢ period since the Consumer Credit Act 1974 with one of the most recent examples found in the Consumer Protection (Distance Selling) Regulations 2000. Therefore, on the basis of the Consumer Protection (Distance Selling) Regulations 2000, it is possible to cancel an order because the effective date of cancellation is when the cancellation is sent, but this is usually after acceptance has been received, making it difficult to resolve on the basis of how their contract was formed. The concept of ââ¬Ëquasi-contractsââ¬â¢ generally arises in cases where the law imposes on someone an obligation, through the creation of another contractual arrangement, to make repayments on grounds of unjust benefit at the expense of someone else, in keeping with the decision in Shamia v. Joory [1958] 1 QB 448. Therefore, with this in mind, more specifically, in the case of building and construction contracts in particular, situations may arise where the party that is paying for the work may draft the contract to derive ââ¬Ëmoney benefitsââ¬â¢, illustrated by Twinsectra Ltd v. Yardley [2002] 2 WLR 802 and, on analogy, Westdeutche Landesbank v. Islington LBC [1996] 2 All ER 961, HL and may be considered voidable if they entered into it under duress or undue influence, supported by Barton v. Armstrong [1975] 2 All ER 465, PC. But if the contract is voluntarily acted upon, it must also be recognised that it will usually be considered to be binding, in keeping with the dec ision in Ormes v. Beadel (1860) 2 De GF J 333, unless it is voidable on grounds of restituion. Letter of Intent In the past, it has been argued a letter of intent could be considered to be akin to conditional contract, illustrated by British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504. But the success in this particular case can also be contrasted with the decision in Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 where there was an unsccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work in respect of a contract that also never materialised. Such a differing view is largely based on the fact that these cases are not analogous because, whilst one party, in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, requested the other to perform services and supply goods that would have been required under the expected contract, the costs that Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 sought reimbursements for arose in an effort to put itself in a position to obtain and then actually perform the contract itself A breach of contract generally arises where there is a recognised failure or refusal by one of the parties to a contractual agreement to fulfil one of the obligations that have been imposed on them under the remit of that contract. Therefore, with this in mind, in such circumstances the contract will be discharged where the breach of contract in question has been found to lead to the innocent party to the agreement treating it as having been rescinded and also, where it has been found to have the effect of depriving one of the parties of the whole benefit of the agreement with undertakings still to be performed, supported by the decisions in Hong Kong Fir Shipping v. Kawasaki Kisen Kaisha [1962] 2 QB 26 and Photo Productions Ltd v. Securicor Transport Ltd [1980] AC 827. The concept of mistake in the context of contract law serves to negative, or to nullify, consent by preventing the parties involved from reaching agreement and nullifying consent where the parties reach agreement, according to Bell v. Lever Bros Ltd [1932] AC 161, HL. But it is also important to appreciate equitable remedies do not serve to distinguish between mistakes negativing, and nullifying, consent, as well as where a party who paid money seeks to recover it in restitution, illustrated by Kelly v. Solari (1841) 9 M W 54. However, mistake will not negative consent unless it is material to the agreementââ¬â¢s formation, according to Dennant v. Skinner Collom [1948] 2 KB 164. This is because, without the assent of both parties, in most cases each party will look as though they are assenting to the proposed terms; so the objective test will preclude any party from denying an agreement, supported by OT Africa Line Ltd v. Vickers plc [1996] 1 Lloydââ¬â¢s Rep 700. Nevertheless, if one party is, to the knowledge of the other in a given case, mistaken as to the terms, evidence of subjective intention is admitted, according to LCC v. Henry Boot Sons Ltd [1959] 3 All ER 636, HL, so there will be no agreement in the objective sense and may be even no agreement at all, illustrated by Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761. However, it is also to be appreciated that there seems to be no reason why there should not be a subjective agreement where the other party is estopped, according to Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA, and equitable remedies have been granted, supported by A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555. The concept of misrepresentation refers to the situation where a false statement of fact is made and is considered to be fraudulent if is is made either recklessly or with the intent to deceive, in keeping with the decision in Derry v. Peek (1889) 14 App Cas 337, HL, so anyone induced to enter a contract may then rescind the contract, claim damages or even both, according to S Pearson Son Ltd v. Dublin Corpn [1907] AC 351, HL. Moreover, it is also to be appreciated that a contractor induced to enter a contract by reason of an innocent misrepresentation may also rescind the contract or claim damages. Nevertheless, whilst the court has discretion to award damages in lieu of rescission, under section 2(2) of the Misrepresentation Act 1967, the measure of damages payable is generally the sum of money that placed the representee in the position they would have been in if the representation had not been made, supported by Gran Gelato Ltd v. Richcliff (Group) Ltd [1992] Ch 560. However, it must be recognised that a contractor who continues to act upon a contract after discovering a statement was false loses their right to rescind, accoridng to Long v. Lloyd [1958] 2 All ER 402, CA, so they will only be entitled to the price agreed under that contract, supported by Glasgow South Western Rly Co v. Boyd Forrest [1915] AC 526, HL. (c) Frustration It is also to be appreciated, however, that the doctrine of frustration has evolved so as to serve to mitigate the rigour of the common lawââ¬â¢s insistence on literal performance of absolute promises, in keeping with the decision in J Lauritzen AS v. Wijsmuller BV, The Super Servant Two [1990] 1 Lloydââ¬â¢s Rep 1, so as to be able to give effect to the demands of justice to escape from injustice where it would result from enforcement of a contract. Moreover, the concept of frustration also effectively ââ¬Ëkillsââ¬â¢ the contract and discharges the parties to any agreement from further liability under it, so the doctrine cannot be lightly invoked but must be kept within very narrow limits, since it brings the contract to an end forthwith, without more and automatically. Therefore, with this in mind, it must be recognised that the essence of frustration should not be the act or election of the party seeking to rely upon it, but due to some outside event or extraneous chang e of situation, without blame or fault on the side of the party seeking to rely upon it, supported by Kissavos Shipping Co SA v. Empressa Cubana de Fletes, The Agathon [1982] 2 Lloydââ¬â¢s Rep 211. (d) Restitution It is also to be appreciated that, generally, where someone is found to have gained unjustly from anotherââ¬â¢s conduct, those gains should be returned as a result of, what may be considered apt in this context, for example, a breach of contract. Accordingly, by way of illustration, in the decision of Attorney-General v. Blake [2001] 1 AC 268, the defendant in this case had made a sizable profit from the act of breaching his contract with the claimant who was undoubtedly entitled to claim compensatory damages but had suffered little or no identifiable loss. Therefore, with this in mind, the claimant sought restitution for breach of contract and the defendant was ordered to pay over his profits although restitution is still only available in exceptional circumstances. Wrongful Termination Nevertheless, it is also to be appreciated that a wrongful termination does not ipso facto serve to amount to a repudiation of the contract, in keeping with the decision in ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23. But then it must also be recognised that if the employer ousts the contractor from the site or otherwise shows an intention not to be bound by the contract, the contractor may claim the value of the work done and damages. Such a view has arisen on the basis of any instalment payments, supported by Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL, together with payment at contractual rates or prices for work not already included, illustrated by the decision in Felton v. Wharrin (1906) 2 Hudsonââ¬â¢s BC (4th Edn) 398, CA. Moreover, a reasonable sum will be assessed and payable as a contractual entitlement, with an abatement of the sum otherwise due if the work done is defective, according to Slater v. CA Duquemin Ltd (1992) 29 Con LR 24. Moreover, such an action may also lead to a claim for specific performance of the contract where it should not have been terminated, in keeping with the decision in Beswick v. Beswick [1968] AC 58, HL. As has already been alluded to, there are other kinds of contract outside of the business to consumer, or business to business, agreement that must be recognised. Therefore, with this in mind, it is to be appreciated that within these other concepts of contract, it must be recognised that construction contracts have certain principles that may be considered to very specific to this kind of contract aside from the general principles identifeid for all contracts. (a) Sub-contractors Quantum Meruit By sub-letting part of the work, it is important to appreciate that, within the context of a construction contract, the main contractor impliedly contracts with the sub-contractor that they will not prevent the sub-contractor from doing their work otherwise they will have a claim for damages against them, in keeping with the decision in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, under the principle of ââ¬ËQuantum Meruitââ¬â¢. However, it is also to be appreicated that the sub-contractor is also liable to the main contractor for defective work, as the relationship between them is similar to that of employer and contractor, supported by Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461. Therefore, this effectively means that where the sub-contractor is in breach and this has caused injury to a third party, they will be liable even if both have been held liable to the third party in tort, illustrated by Sims v. Foster-Wheeler Ltd [1966] 2 All ER 313, CA. On this basis, it must be recognised that the sub-contractorââ¬â¢s liability in contract may include damages and costs the contractor has had to pay to the third party, in keeping with the decision in Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809. (b) Sub-contractors liability A construction contract is also considered to be particularly useful in such cases where, in breach of a contract, the sub-contractor then proceeds to delay completion of the overall work, having known at the date of contracting that the main contractor is liable to liquidated damages or forfeiture for delay, the liability of the sub-contractor to the contractor is increased, in keeping with the decision in Hadley v. Baxendale (1854) 9 Exch 341. Therefore, with this in mind, the main contractor will then be able to recover the damages they have had to pay out to the client owing to the delay caused by the sub-contractor, or profit they would have made, together with the cost of work, supported by Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA. However, it is also to be appreciated that knowledge of the main contract is not sufficient to prove the sub-contractor agreed with the main contractor to be bound, so if the sub-contractor properly completes their work, their right to payment will not depend upon the certificate of the architect, notwithstanding it is a condition precedent to payment to the main contractor, in keeping with the decision in Southern Water Authority v. Carey [1985] 2 All ER 1077. But where the sub-contractor expressly contracts to be bound by the terms of the main contract, provisions as to retention money will be applied to them proportionally, supported by Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudsonââ¬â¢s BC (4th Edn) 382, CA. Nevertheless, it must also be recognised that a sub-contractor who voluntarily undertakes extra work or uses better materials than those stipulated has no claim, according to Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudsonââ¬â¢s BC (4th Edn) 462. (a) Sale of Goods Act 1979 The remit of the Sale of Goods Act (ââ¬ËSGAââ¬â¢) 1979 effectively applies to sale of goods contracts with its implied terms in relation to quality and fitness for purpose with regards to both business-to-consumer and business-to-business sale of goods contracts. But whilst, in view of the changes made by the SGA 1995, the standard covering issues such as freedom from minor defects and durability seems to have become quite high, this may, in fact, be something of a misnomer, according to, for example, Saphena Computing v. Allied Collection Agencies [1995] FSR 616. Moreover, there is an old legal maxim, ââ¬Ënemo dat quod non habetââ¬â¢, which means ââ¬Ëno one can give what he does not haveââ¬â¢, that was enshrined in the SGA 1979 long ago in 1893 so that if someone sells goods that are not thereââ¬â¢s, or which they do not have the authority to sell, the buyer cannot acquire ââ¬Ëgood titleââ¬â¢, so that the ability to pass property and the time of its passin g are very important. In looking to appreciate the significance of the Unfair Contract Terms Act (ââ¬ËUCTAââ¬â¢) 1977, it must be recognised that, whilst, generally, the law of contract has created a range of ways for the individual terms of a contract to be avoided or ââ¬Ëbluntedââ¬â¢, the remit of UCTA 1977 is actually almost entirely focussed upon contractual provisions and notices that look to effectively limit or exclude liability, or its equivalent. As a result, whilst some of UCTA 1977ââ¬â¢s controls apply universally and strike down particular terms unconditionally, other controls actually allow a ââ¬Ëtermââ¬â¢ to be effectively justified as ââ¬Ëreasonableââ¬â¢, so a large business can still impose onerous terms, because there is no statutory protection provided for. This is supported by the fact courts in this country have also looked to apply principles to make contracts work, according to the principle established in G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloydââ¬â¢s Rep 25 at p.27 that ââ¬Å"the transaction â⬠¦ performed on both sides will also make it unrealistic to argue that there was no intention to enter into legal relations Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or alternatively, it may make it possible to treat a matter as not finalised in negotiations as inessentialâ⬠. Therefore, with this in mind, each and every case that comes before the court in this country must be decided solely on the specifics of its facts and the construction of its agreement. As a result, some surprisingly draconian exclusion clauses have been upheld, supported by SAM Business Systems v. Hedley Co [2002] EWHC 2733, despite the fact English case law developed no general principle allowing terms apparently agreed by parties to a contract to be attacked solely on grounds of unfairness, illustrated by Mitsubishi Corp v. Eastwind Transport Ltd [2004] EWHC 2924. This is because, according to the Law Commissionââ¬â¢s ââ¬ËSecond Report on Exemption Clausesââ¬â¢ ((1975) (Law Com No. 69)), a contract term ââ¬Å"bears its natural meaning of any term in any contract (and is not limited to terms in a contract between the instant parties)â⬠. But it is also to be appreciated that a contract term or notice may amount to a contractual exclusion clause which is apt to exclude or restrict liability for breach of either a contractual or tortious duty of care, supported by Johnstone v. Bloomsbury Health Authority [1992] QB 333, or a disclaimer notice apt only to exclude or restrict tort liability, dependent on the nature of the contract (c) The Consumer Protection Act 1987 In keeping with this line of thought, it is also important to appreciate that the remit of the Consumer Protection Act (ââ¬ËCPAââ¬â¢) 1987, between sections 10 and 19, supported by the decision in R v. Liverpool City Council, ex p Baby Products Association Ltd [2000] LGR 171, DC, has looked to effectively establish a system so as to be able to impose liability in relation to unsafe consumer goods and a standard of saftey that all maufacturers and retailers must look to comply with or risk committing an offence. Therefore, on this basis, the CPA 1987 has also served to establish that any breach of the safety regulations is an offence that not only provides a consumer with even greater scope to reject the goods, but also serves to give the Secretary of State the power to be able to serve prohibition notices. ââ¬ËHalsburyââ¬â¢s Laws of Englandââ¬â¢ Lexis Nexis, Butterworths (2007) Law Commissionââ¬â¢s ââ¬ËSecond Report on Exemption Clausesââ¬â¢ (1975) (Law Com No. 69) A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555 Adams v. Lindsell (1818) 1 B Ald. 681 Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudsonââ¬â¢s BC (4th Edn) 462 Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461 Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL Barton v. Armstrong [1975] 2 All ER 465, PC Bell v. Lever Bros Ltd [1932] AC 161, HL Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761 Beswick v. Beswick [1968] AC 58, HL Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293 British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504 Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Byrne v. Van Tienhoven (1880) 5 CPD 349 Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Countess of Dunmore v. Alexander (1830) 9 S. 190 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Dennant v. Skinner Collom [1948] 2 KB 164 Derry v. Peek (1889) 14 App Cas 337, HL Entores v. Miles Far East Corporation [1955] 2 QB 327 ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23 Felton v. Wharrin (1906) 2 Hudsonââ¬â¢s BC (4th Edn) 398, CA Fisher v. Bell [1961] 1 QB 394 G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloydââ¬â¢s Rep 25 Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudsonââ¬â¢s BC (4th Edn) 382, CA Glasgow
Thursday, September 19, 2019
Impact of a Childs Self-esteem on Development :: essays research papers
Self-esteem can be defined as how children feel about themselves. Children's levels of self-esteem are evident in their behavior and attitudes. If children feel good about themselves, these good feelings will be reflected in how they relate to friends, teachers, siblings, parents, and others. Self-esteem is something that affects individuals throughout life. Therefore, it is very important for parents to help their children develop healthy levels of self-esteem. There are many things parents can do to help their children learn that they are lovable, capable, and competent, beginning when their children are at a very young age. Unfortunately, it is also at a very young age that children can begin to develop low self-esteem. Parents must be very careful not to plant the seeds of low self-esteem in their children unknowingly. Children learn their first lessons about self-esteem from their parents. Children thrive on praise. Praise must be specific and sincere to have a positive effect. It's not necessary for parents, teachers, or peers to wait until their children do something exceptional to provide praise. Praising an everyday event like getting ready for school on time is enough. What's important is that people should focus on the positive things their children do instead of on the negatives. Children need to be shown love and affection through both words and physical actions. Parents should tell their children often that they love them and think they're special. Some parents call their children names and/or belittle them when they are angry. Teachers send children to the principalââ¬â¢s office and their friends either fight children or ignore them. Such methods can have a negative effect on children's self-esteem. Not only that but media too can have a negative effect on a childrenââ¬â¢s self-esteem. Parents better hope that their children are expose to people who wil l boost his/her self-esteem. A childââ¬â¢s self-esteem does affect their development. If a child doesnââ¬â¢t feel confident, he/she won't be as likely to go out of your comfort zone and try new things, therefore they won't be "developingâ⬠. After all, not only parents but also peers and teachers and so forth can contribute to the kid's
Wednesday, September 18, 2019
Marriages in Pride and Prejudice by Jane Austen Essay -- essays resear
Marriage in the 19th century was a womanââ¬â¢s priority. Many times women married for social status or attraction but hardly ever for true love. In many cases the happiness of a marriage was based on whether the girl was beautiful and lively and the boy handsome and competent, and whether they were attracted to each other. Jane Austen would not believe that the happiness of marriage was based upon attraction, she believed it should be based upon love. In her novel Pride and Prejudice, she illustrates three main reasons for marriage, true love, attraction, and economics. The two main characters, Elizabeth Bennet and Fitzwilliam Darcy are an example of marriage for true love. They are two of the few characters in the book that have a successful marriage because of their love for one another. Their love made Elizabeth and Mr. Darcy put aside their prejudice, pride and social differences to marry. ââ¬Å"I do, I do like him. I love him. Indeed he has no improper pride. He is perfectly amiable. You do not know what he really is, then pray do not pain me by speaking of him in such termsâ⬠(314). Elizabeth explains to her father that she is indeed madly in love with Darcy although her father thinks that she hates him. Elizabeth also said that it brought pain to her when her father spoke badly about Darcy. She tells her father that he doesnââ¬â¢t know Darcyââ¬â¢s real character and that he really is a good-natured and wonderful person despite what everyone thought. She then explains to her father all that Mr. Darcy has done for their family, Ly diaââ¬â¢s marriage and the payment of Wickhamââ¬â¢s debt. Elizabeth and Mr. Darcyââ¬â¢s love was not brought out by appearances, because in the beginning of the book Mr. Darcy states that ââ¬Å"She (Elizabeth) is tolerable, but ... ...onomic stability, which Charlotte can get with Mr. Collins. Elizabeth is very much against this marriage and knows that they wonââ¬â¢t end up happy together. Though Mr. Collins and Charlotte are well-suited to each other, they are two very separate people and have no love at all in their relationship. Jane Austen exemplifies three reasons for marriage in her novel, Pride and Prejudice: marriage for true love, attraction, and economics. These three marriages are shown in the characters, Elizabeth and Mr. Darcy, Lydia and Mr. Wickham and Charlotte and Mr. Collins. Elizabeth and Mr. Darcy show that the real reason for marrying is true love, not for appearances like Lydia and Mr. Wickham, nor for economics like Charlotte and Mr. Collins. The characters who married for true love will always have a happy and loving marriage, those who married for other reasons, will not.
Tuesday, September 17, 2019
Central Route
Describe how each side used central route or peripheral route influence principles to effect the negotiation outcomes These two ââ¬Å"routes to persuasionâ⬠are 1) the ââ¬Å"centralâ⬠route and 2) the ââ¬Å"peripheralâ⬠route. An individual who is using the ââ¬Å"centralâ⬠route will be more engaged in processing and evaluating the merit of the opposing parties proposal. This ââ¬Å"routeâ⬠is much more analytical and is concerned with the actual logistics of the proposal/argument.An individual engaging in the ââ¬Å"peripheralâ⬠route, by contrast, will focus less on the actual merit and logic of opposing counsels arguments and instead will be more influenced by things that are more peripheral to the issue at hand, such as the physical attractiveness of the person trying to persuade them, or presentation or ââ¬Å"packaging. â⬠It is very important for negotiators to realize that numerous factors can influence their negotiation partners to use either one of these two ââ¬Å"routesâ⬠. It would be a mistake to assume that an opposing party will always operate in the same way based on immutable factors such as education or intelligence.Something as simple as not having gotten enough sleep, or being hungry, can have a huge effect on how the opposing party will process your arguments during negotiation, making even a savvy or intelligent negotiator more likely to use the ââ¬Å"peripheralâ⬠route. The Central Route to Persuasion: Research has established that decisionââ¬â¢s reached using the ââ¬Å"centralâ⬠route to persuasion are generally going to be more satisfying and beneficial to parties in the long run. However, It is important for negotiators to be aware that they only want to encourage this type of decision-making if they have something of true value to offer the opposing party.Once you have determined you have something of value, the first great way to encourage this type of thinking is to discuss the issues in the negotiation as a joint problem-solving venture. This type of prompting will encourage the opposing party to look at the situation in a detailed and thoughtful way. Next, it is important to reduce distractions during negotiations if you wish to encourage this type of analysis. A simple way to do this is to ensure that you will have a quiet, distraction free environment for the negotiation where the opposing party will feel calm and comfortable.Finally, recommending open dialogue where all individuals are required to give in-put encourages individual responsibility and independent thinking among opposing parties. This can be a great way to solicit the ââ¬Å"centralâ⬠route to persuasion. When people are placed in a position of responsibility and the burden is placed on them to come up with creative and effective ways the attack the problem, they are much more likely to deeply analyze the arguments and proposals made by the other side. The Peripheral Route of Pe rsuasion:Clearly, the ââ¬Å"peripheralâ⬠route to decision making is far less attractive when negotiators are seeking a long lasting, sustained result. Individuals who use this route to persuasion often are influenced by superficial factors such as the clothing, appearance or job title of the opposing party. These negotiators also use mental short cuts and make decisions without closely analyzing the relevant facts and consequences of the opposing parties proposal. Because this route to persuasion is less likely to result in a long lasting, sustained agreement it is only advisable to use in specific situations.Namely, those in which a short-term solution is all that is desired. The easiest and most effective way to encourage this type of decision-making is through use of the ââ¬Å"expertise heuristicâ⬠. A mental short cut used by those engaged in the peripheral route to persuasion. This mental short cut can essentially be summed up like this: people tend to defer to perc eived authorities or experts when making decisions without thoughtful analysis. Therefore, it could be extremely useful to emphasize skill and knowledge in the area of negotiation in order to encourage this type of analysis by the opposing party.
Monday, September 16, 2019
Job Characteristic Model Foreclosure and Collections Department Essay
Job Characteristic Model: Foreclosure and Collections Department Introduction Foreclosure and Collections à à à à à à The position of a Foreclosure and collection within the bank of United States is increasingly demanding. As a requirement, my stay entails me to develop skills and talents, which responds to a high coordination strategy that responds to the elementary needs and routine. As a result, my skills variety impacted on the on the activities of establishing, guiding, encouraging, engaging and tackling critical clerical and administrative responsibilities. à à à à à à Significantly, my roles influence other workers positively, in that my intervention encourages workers to be involved rapidly in the project rather than concentrate on an individual unit. For that reason, it is possible to complete the whole piece of work from the beginning to the end. It is possible to respond to these requirements since the team examines needs of the customer before commencing on a given activity. à à à à à à Given the operative nature of the job, it is possible to respond to requirements of the department since the team is involved psychologically at the process. Mentally, the team is made to understand the significance of each stage of the activity. To achieve that, the overall mission of the organization is broken down to ensure that the team gets first-hand needs of the organization, before commencing on the job. à à à à à à Further, autonomy enables employees to pursue milestone in a free but objected zone. Analyst, designers, researchers, and marketers are empowered by autonomous decision to independently choose what is to be performed. Hence, my role is to steer independent operation. I am, therefore, obliged to decide on how to time the performance. à à à à à à Lastly, the feedback characteristic enables me to determine the feedback mechanism that allows my team to have more information about the effectiveness of their performance. My role is to engage units in communication, using the organization ERP system. To enhance my motivation potential, I will be required to communicate with different team players on the way forward when it comes to making critical decisions. I will motivate and influence team players by requesting job progress daily. This way, I will show them I am part of the team References Juricek, J. (2014). Agile Project Management Principles. Lecture Notes on Software Engineering, 172-175. Source document
Sunday, September 15, 2019
Motifs in ââ¬ÅThe Scarlet Letterââ¬Â by Hawthorne Essay
In a novel of sin and redemption, symbolism is used to broaden the significance of certain aspects. Throughout The Scarlet Letter, Hawthorne uses a barrage of themes, motifs, and symbolisms. These images help to unify the novel and enrich the meaning behind the work. Early in the novel, Hawthorne refers to iron, oak, chains mainly to demonstrate the Puritanism that takes place in the novel. However, he also uses these symbolic items to display the bonds between characters and what they believe in. In the first paragraph of the novel, Hawthorne describes the prison door ââ¬Å"which was heavily timbered with oak and studded with iron spikesâ⬠(Pg. 33) to flaunt the austerity and illustrate what times were like right off the bat. He uses verisimilitude to liken the callousness of the puritan ethic to the portal behind which go the criminals who donââ¬â¢t follow these guidelines. The symbolism in this situation is used to intensify the importance of the puritan ethic in the nove l. To elucidate Hesterââ¬â¢s desire to move back to England, and her morals for staying, Hawthorne states that ââ¬Å"The chain that bound her here was of iron links, and galling to her inmost soul, but never could be broken.â⬠(Pg. 55) Even though she knew she could move back anytime she wanted, Hester felt fervent on staying in New England to prove herself to everyone. In this case Hawthorne used symbolism to enact the bond between man and nature. Hester was bound to the land through a chain of fulfillment. Hawthorne also uses symbolism to form a correlation between different chapters in the novel. On the first page, Hawthorne describes the prison door as a portal to doom. In The Governorââ¬â¢s Hall, Hawthorne described the Governorââ¬â¢s door as a door to liberty. If Hester ââ¬Å"lifted the iron hammerâ⬠(Pg. 71) and entered the Governorââ¬â¢s home, she would be taking the first step to freedom from her sin. The last way Hawthorne uses symbolism is to illustrat e Hesterââ¬â¢s link to Dimmesdale. Hester knew there was a responsibility posed upon her which she allocated to the reverend. ââ¬Å"Here was the iron link of mutual crime which neither he nor she could break.â⬠(Pg. 109) This connection was what bonded the two together. Although all Hesterââ¬â¢s links to her world were gone, she would always have the tie between herself and Dimmesdale, though an obligation to withhold, that would last forever. The Scarlet Letter used symbolism to intensify, explain, and link many things together throughout the novel. Iron, oak, and chains are few of numerous symbols Hawthorne uses throughout the novel. Without theà representation of these images, the story would not have been unified under one central theme. The motifs in the novel branch out from one idea. The signs and symbols we recognize help us to appreciate this account of love, sin, and salvation.
Saturday, September 14, 2019
Hebrew Wisdom on Diligence and Laziness Essay
Part I 1) I chose the Islam worldview i)The Question of Originââ¬â Islams believe that man came into being through a long process of evolution. They believe the evolutionary process which produced man in its form today took millions of years, and man evolved from lower forms of animal life. In their belief,it was only small types of animals in the beginning, and in the course of time animals got larger and eventually one of these animals developed into man. This animal is believed to have become extinct, but is believed to have been represented by the monkey. The basis of argument is certain kind of monkeys have a strong resemblance to man. ii)The Question of Identityââ¬âIslamic identity is an upmost possession. It is your faith, religion, moral values, and your whole life. This identity is the one that makes you wake up before sunrise to pray to Allah. This identity makes you kind, sincere, responsible, and thoughtful when you deal with people. It also forbids you to steal, gamble, participate or engage in implicit behavior. This identity makes you realize and understand that Islam is a way of life in other words this identity makes you a good human being. iii)The Question of Meaning/Purposeââ¬âAllah states in the Quran, that he created man to be his Khalefah (confident ,attractive handsome, man),and to regulate humans; the Quaran is the constitution revealed by Allah, the name of Islamââ¬â¢s God. Very simple, the purpose for manââ¬â¢s creation is to worship the creator, Quaran 51:56-58.Allah states that he made this life in order to test man so that every person may be recompensed after death for what he has earned. iiii)The Question of Morality-A person becomes a Muslim by believing there is no deity worthy of worship except Allah, and saying the Shahadah (Declaration of Faith)with sincere conviction. Muslims are believers of the Islam worldview. They believe this present life is a trial in preparation for the next realm of existence. They also believe the world was created by man. iiiii)The Question of Destiny-Islam teaches that destiny is written by oneââ¬â¢s personal hands, and then handed over to God for judgement. They believe the good and evil are in Allahââ¬â¢s responsibility, but if you accomplish good things in life you attain heaven and if you do bad things you will attain hell; this also means that Allah is the knower and creator of all things, and nothing exist outside of his will and decree according to the Islam worlview. Part II i)The Question of Originââ¬âThe Islamic worldview, and the Biblical worldview has no comparison, or similarity in the origin of man. Genesis 2:7, clearly states that God created man from the dust of the earth, blew into the nostrils of man, and man became a living soul. Man was also created in Godââ¬â¢s image, Genesis 1:27. This destroys the theory of evolution; man was not developed from an animal, assumably some type monkey. ii)The Question of Identityââ¬âAccording to the Biblical worldview, God gave man dominion over the animals on earth in Genesis 1:26.We, not only were created in Godââ¬â¢s image which is a very distinctive quality, but with the authority to rule. There are some similarities with the man in Islam worldview, such as being distinguished in character and morals. Although; God views are different from manââ¬â¢s, there are standards, and character that Christians should live up to, just as the muslims do in the Islamic faith. Christians should not be ashamed of the gospel of Jesus Christ, and be willing to tell others of Jesus and even willing to die for the gospel: the same with muslims, they are bold in their belief, and they are persistant and steadfast in their way of life. iii)The Question of Meaning/Purposeââ¬âââ¬ËFor god so loved the world, he gave his only begotten son, that whosoever believeth in him should not perish, but have everlasting life. ââ¬â¢John 3:16.God came to give us life, eternal life with him. As Christians, we are made to worship God. Allah states that he made this life to test man for their recompensation after death. God doesnââ¬â¢t test or tempt us with evil, he gave us his son to help us overcome evil by believing in Jesus. The Islamics must control their own desires to do good or evil; the biblical worldview has Jesus to help us overcome. After death, hell is the payment for a person who chooses to live an evil life, and the similarities are the same in both worldviews. iiii)The Question of Moralityââ¬âGenesis 1:31 tells us that everything God made was good. Muslims, recite with conviction the shahadah, and the change transpires in their life of belief. A Christian, too, with conviction repents of their sin, confesses Jesus as their lord, and in the belief, one is a new creature iiiii)The Question of Destiny-Destiny is something that Christians, and Islams have in common. One day life will come to an end. According to Allah, nothing is out side his will, and no one is forced to obey Allah, because he has a freewill. There are minor similarities, such as :nothing is done without Godââ¬â¢s will, no one is forced to obey God, and we are free moral agents, BUT one day every knee shall bow and every tongue shall confess that Jesus Christ is Lord.
Compare and Contrast (Wap/Wml) and Java 2 Platform Micro Edition (J2Me)
(WAP/WML) and Java 2 platform Micro Edition (J2ME) architectures CSS 422 Compare and Contrast (WAP/WML) and Java 2 platform Micro Edition (J2ME) As technology is changing there are new ways to develop programs for the many types of mobile networked devices. Wireless application protocol (WAP) and Wireless markup language (WML), which work together to design and architect an application to be sent to wireless mobile devices for users to download and enjoy. The Java 2 platform micro edition (J2ME) is a more extensive platform that is used in designing wireless applications. Wireless Application Protocol The Wireless Application Protocol is a technical standard for accessing information over a wireless mobile network. This type of browser is used for mobile devices like cell phones. You can access such things as sports, public media information, political information, news, music, etc. (Mahmoud, 2002) WAP is based exceedingly on the web programming model, which allows the user/developer to design and architect a program inside a browser to enter information. The web pages are written in the Hyper Text Markup Language (HTTP). (Mackenzie & Sharkey, 2001) Comparing A developer can design a low-level program that allows a user to access simple programs such as games. A developer can also use the web programming model to make programs that are highly functional by having a program within a program. This is called Dynamic HTML (DHTML). DHTML allows another web page to change without having to wait for the server. Contrasting There are downfalls to WAP and the reasons are; just as the DHTML allows another web page to load without having to wait for the server. On the other hand, the standard of HTML is, once a web page is loaded from the server, it will not change until another request comes from the server. This takes more time away from the user, since they must wait for request from the server. Wireless Markup Language Wireless markup language is based on XML, which is a set of rules for encoding documents into computer-readable language. Previously called Handheld Devices Markup Language (HDML), is a markup language which is intended for devices that implement the Wireless application protocol qualifications, such as, the mobile devices. Comparing The comparison between the WML and the WAP are important, because the two work together as; the Wireless Markup Language is intended for devices that function with the wireless application protocol. Like HTML, WML provides data input, navigational support, and hyperlinks. Contrasting There is a big difference between WML and J2ME, because the Java 2 platform provides much more memory than WML. This may be a concern for Wireless Markup Language, because there could be a point that J2ME will contain more memory, and WML will be something of the past. This has happened with other stages in technology, such as Java going from HTTP to HTML. Java 2 Platform Micro Edition (J2ME) The Java 2 platform micro edition (J2ME) is an embedded system that operates on smartphones, PDAââ¬â¢s, and user appliances. The J2ME devices implement a profile called Mobile Information Device Profile. MIDP allows a user to write downloadable applications and services for network connected devices such as the devices listed above. When MIDP is combined with Connected Limited Device Configuration (CLDC) they create the special run-time environment that is on the latest mobile devices. (Oracle, 2011) Comparing Combining MIDP and CLDC they provide the core functions needed for mobile applications. If these two devices did not work together the services they provide would not be available to our mobile gadgets. Contrasting Unlike WAP/WML, J2ME uses a K Virtual Machine, which is a specialized virtual machine to interpret support for devices with limited retention. The virtual support along with the CLDC/MIDP makes the implementation superior to the WAPââ¬â¢s/WMLââ¬â¢s. Conclusion As technology grows and changes so do the ways developers use their programming language to design new wireless applications for wireless mobile devices. It is exciting to see how far technology has come in the way wireless devices are made to use the simple and extensive wireless applications. References: Mackenzie, D. , Sharkey, K. (2001, 20 August). InformIT: Building the user interface with web forms. Retrieved August 7, 2011 from http://www. informit. com/articles/article. aspx? p=131102 Mahmoud, Q. (2002, February). Oracle: J2ME, MIDP, and WAP complementary technologies. Retrieved August 6, 2011 from http://developers. sun. com/mobility/midp/articles/midpwap/ Oracle. (2011). Mobile information device profile: (MIDP). Retrieved August 6, 2011 from http://www. oracle. com/technetwork/java/index-jsp-138820. html
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