Assess the View on Whether or Not Roles in Relationships

H/W Assess the view that roles and relations among couples are becoming more equal (24 Marks) Numerous sociologists have suggested that a large number of relationships are now becoming more symmetrical in compare to the traditional families looking back 40, 100, 200 years ago. They say that the traditional male and female roles are no longer as they were before, it has all fallen apart, and hence relationships have been becoming more equal. Some sociologists such as Wilmot and Young argue that in symmetrical families, normal domestic duties are most likely to be shared by both parties and they are both very likely to be working.Thus it all undoes the tradition of the past in which a woman would care for the children and the home, and the man being the ‘breadwinner’ would head out and work. Some sociologists also argue that the decision making is no longer only within the man’s hand as it once was, but also in the woman’s hands, the symmetrical family has an equal partnership in decision making. All this evidence leads some sociologists to view the roles and relations of couples to have been becoming somewhat more equal in compare to the past.On the other hand, some sociologists such as Morgan(1996) argue that women now take part in an act known as the ‘Triple Shift’, this is when women go out and work, but then also do domestic work when at home and give emotional support to partner and children. As a result, many feminists would argue that the roles and relations of couples are not equal, but actually unfair, the woman is doing so much more than her partner. This views result in some sociologist believing that roles and relations have changed in compare to the past, but in a path towards the woman doing more work than the man, making her the ‘breadwinner’.In conclusion, many sociologists believe that the roles and relations of couples have been becoming more equal, but there are some who still view it to not being equal at all, and some even arguing that women are doing more work than the men. From this evidence it is clear to say that it is not clear whether or not roles and relations are becoming more ‘equal’, but many sociologists argue that there has been a big change in compare to the past traditions, but whether or not it’s towards the path of the ‘more equal’ is still being argued by many. Siad Mohamed Siyad

Dramatization of Isolation in Nathaniel Hawthorne’s `the Scarlet Letter’ Essay

Nathaniel Hawthorne in The Scarlet Letter emphasizes the theme of isolation throughout the whole novel. Using a variety of literary techniques and descriptions of emotions and nature, Hawthorne is able to fully depict the inner feelings of hurt suffered by the central characters as a result of severe loneliness and seclusion. The torturous of isolation, are experienced by the key figures, Hester Prynne, Arthur Dimmesdale, and Roger Chillingworth, each due to different situations and to various degrees. These characters undergo a journey, which separates them from society. Such a journey allows them to explore their needs and desires in an existential quest that ultimately allows them to recognize themselves as individuals. This journey follows a pattern of fall, renunciation, and redemption. The Scarlet Letter is primarily concerned with the thoughts and feelings of Hester Prynne. Hester, being an outcast of society, experiences the most evident and apparent form of isolation. As a symbol of sin, Hester is viewed by the strict Puritanical town as an outsider, a presence of evil, and, ultimately, one who is detested by God. The town’s harsh condemnation of Hester is revealed through a local woman’s comment, â€Å"†¦at the very least, they should have put the brand of hot iron on Hester Prynne’s forehead† (Hawthorne, 36). Although this dire attitude towards Hester does eventually improve, due to her many benevolent works for the poor, she never truly does escape the feelings of lonesomeness and segregation present in her life. This fact is further stressed by Hawthorne’s exclusion of all conversation and dialogues, a usage of context and form, in chapter five to demonstrate that Hester has absolutely no communication with the world beyond her occasional trips to town to receive and deliver embroidery orders, described as â€Å"dark and inscrutable.† The forest, in contrast, provides Hester with a secluded habitat in which she may seek truth and escape the glares of humanity, though all the while downhearted and alone. Isolated from the constraints imposed by living in such a stern culture through the public’s disdain and her own rejection of the local beliefs, Hawthorne’s protagonist experiences liberation from the shackles of the community’s austere approach to life. Hester Prynne contemplates new ideas, which would never have occurred to her were she not removed from the general populace by her fall. Hawthorne describes this emancipation writing, Alone, and hopeless of retrieving her position, even had she not scorned to consider it desirable, – she cast away the fragments of a broken chain. The world’s law was no law for her mind†¦. In her lonesome cottage, by the shore, thoughts visited her, such as dared to enter no other dwelling in New England. (Hawthorne, 151) This passage describes the effect of isolation on Hester. The â€Å" fragments of a broken chain’’ she casts off symbolize the confinement of New England’s puritanical ideology. The line â€Å" the world’s law was no law for her mind’’ illustrates her abandonment of this faith’s doctrines, which allows her experience thoughts that â€Å" dare to enter no other dwelling in New England.’’ The loneliness of Hester’s expulsion from society provides her with a freedom of intellect that cannot be found in culture governed by rigid belief system. However, it proves difficult to accept thoughts that challenge the convictions to which the scarlet letter’s bearer has been subject so long. The effect of Hester’s years spent separated from the influence of public’s beliefs and laws are clear: For years past she looked from this estranged point of view at human institutions, and whatever priests or legislators have established ; criticizing all with hardly more reverence than the Indian would feel for the clerical band, the judicial robe, the pillory , the gallows , the fireside, or the church. The tendency of her fate and fortunes had been to set her free. The scarlet letter was her passport into regions where other woman dared not tread. (Hawthorne, 183). She now freely condemns practices of the pillars of New England communities, challenging the church while renouncing the reverends’ decree of God’s will and magistrates’ laws. Hester freely chastises the entities which create structure and constraint in society. Like the native peoples, who hold no ties to Christian faith or laws, she does all this without remorse or doubt regarding her soul’s future. A more private and hidden feeling of isolation and alienation is conveyed through Arthur Dimmesdale. Unlike Hester, who has been thrown into a life of dejection by society, Dimmesdale inflicts this desolation upon himself. Dimmesdale, unable and unwilling to publicly reveal his sin, continues to be haunted by his own guilt, and consequently feels inner isolation towards humankind. Nonetheless, the entire town embraces Dimmesdale as a messenger of God and â€Å"a miracle of holiness† who should be greatly admired and respected. Paradoxically, Dimmesdale views himself as an evil fiend and punished himself with daily abuse and starvation. In the end, when Dimmesdale finally does release his guilt and shame, he succumbs to sickness and dies, feeling for the very first time, true happiness and peace. As the impious revenge-seeking villain of the novel, Roger Chillingworth undergoes the most concealed and obscure form of isolation. Not only is he physically separated from his companion, Hester, and the townspeople, who suspect evil intervention, but is also mentally detached from himself. To exhibit this transformation, Hawthorne expresses the character of Roger Chillingworth primarily through private contemplation; Chillingworth exposes his true self only through his thoughts. With exception to Hester, Chillingworth speaks to no other person about his plans or motives. Following his vow to uncover Hester’s secret lover, Chillingworth slowly begins to lose his true identity to the devil. Such pure wickedness causes Chillingworth to eventually withdraw from his prior life and isolate himself to live in a world, which through his eyes, only contains bitterness and hate. Although Hester, Dimmesdale, and Chillingworth all experience isolation, each endures a different aspect and to various extents. Hester is alienated from her fellow man and is completely cut off from a life of customariness and normality. On the other hand, Dimmesdale, essentially the town’s public figure, feels alone in the fact that he is the sole person, besides Hester, to really understand the true man within himself. This agonizing wound is so strong that it eventually takes his life. However, Chillingworth is the character that goes through the most harsh and excruciating form of torture. To surrender to evil and watch oneself gradually wither away due to one’s own choice is one of the most unbearable pains known to man. The agony of isolation that Hester and Dimmesdale go through, which directly extends to Chillingworth’s distress, is caused by the firm belief, by the town, that they are responsible for the extermination of all existing sin on earthy, though they themselves sin. In addition, Hawthorne explains that society, in judging people according to what they themselves believe to be proper and ethical is, appallingly to claim to be flawless and equal to the superiority of God himself. All these key figures, Hester Prynne, Arthur Dimmesdale, and Roger Chillingworth, undergo a spiritual journey in which a fall isolates them from society. This separation provides a new perspective on the group they were once a part of that causes the fallen to renounce the beliefs and practices of their contemporaries. As they distance themselves from the world, these characters cast off the shackles created by the influence of other’s people’s thoughts and ideologies. Release from these cons traints allows them to look critically at the society they have left behind and form their own opinions of where life should lead, rather than accepting the roles that others have placed upon them. Works Cited Hawthorne, Nathaniel. The Scarlet Letter. New York, NY: Bantam Books, 1986.Print. â€Å"Isolation in the Scarlet Letter† StudyMode.com. Web.06 Aug 2013. . â€Å"Isolation Through Symbolism in Nathaniel Hawthorne’s The Scarlet Letter.† 123HelpMe.com. Web. 04 Aug 2013 SparkNotes Editors. â€Å"SparkNote on The Scarlet Letter.† SparkNotes.com. SparkNotes LLC. 2003. Web. 1 Aug. 2013.

Water Pollution in Cambodia

Cambodia water pollution Water is really important for every life on earth, which is one common acknowledge that every one has knew for a long time. As a Cambodia citizen, the water pollution issue can make myself to really consider about it. For all Cambodia citizens, who living on the water as I saw in the pictures know that they are living in the really dangerous everyday life. Cambodia reputation is the country of wonderful that full with adventure and so much more that you and I want to see.But come to place to live for the citizen, Cambodia is the country that facing the biggest issue in the country. When I saw this picture of the houses on the water, and how people using that water for daily life, my heart becomes full with sadness, worry about those people. My thought has come with three reactions, which are their health, children, and government’s plan. My first reaction was thinking about how that they do not know about all the dangerous that they are facing everyday . I personally do not know what is the right question to ask them, if I can have a chance.Too often those areas become the only place that they can build their house, and I do not know what could be their reasons for them to choose that area. There are so many reasons that come to my mind when I saw all their face, but I do not know if all my reasons could be the same as their reasons. One reason has come to my mind when I writing this essay is that they have no choice to choose that place because of their family economy. My second reaction was about their health. Most of people who living in there right now are getting sick from that water that they are using.That water has been polluted with so many sources and come from many different places. The mostly important, the governments do not try to find a way to help them with the water. There are so many ways that I believe that they can do, but they did not want to do it. My lastly reaction was that many organizations from around th e world, which are trying to fix that situation. They had been trying to do so many things from the areas such as money, program, and show example for people on the field. I had been acknowledging about some organizations that they are ostly focusing on the young people because they want those children growing in the safe environment. Do you know that so many young born children are dying because the bacteria in the water? On my conclusion, my country is facing with the biggest issue and we are really needed to fix it. Cambodia is the most wonderful country for all tourists to seek for new adventures, and we need our next generation children to keep our country to grow in future. Water pollution issue need to be stop, and we need to work together as Cambodian to stop it.

Problem Based Learning in Medical Education Essay

Problem Based Learning in Medical Education - Essay Example The problem based learning technique is based on adult learning theory, according to which the human absorbing capabilities can be enhanced by juggling their minds and concepts, which can be achieve by giving them a chance to handle and discuss problems. Furthermore, the students are encouraged to mark their own learning goals, the scope of goals get broaden with experience problematic situations, the decision making capabilities can be improved by implementation of program based learning, the decision making activities further enhance their learning, and their critical and analytical approach towards the problem. Although Problem Based Learning is innovative and effectual exercise, 'however PBL does not offer a universal panacea for teaching and learning in medicine, and it has several well recognized disadvantages' (Diana F Wood., ABC of learning and teaching in medicine: Problem based learning). It has been observed that those students who have learned through problem based activi ties have better knowledge retention.

Marketing Mangement 3 Essay Example | Topics and Well Written Essays - 500 words

Marketing Mangement 3 - Essay Example Habitual: This book can be sold to people who like reading about their hobbies, that is cooking and gardening. For this segment, the book can be sold at original price with little more gardening or cooking tips added, so that these people won't think about buying the low price edition of the product. This segment can be effective reached by through advertising on TV channels which caters to the needs of these types of individuals, magazines or any other means which may reach them. Geographic: This book will be more effective for people living in these geographical areas where natural factors are conducive for farming or gardening. These people can be effectively reached by holding certain PR activities where they are told that their land is quite fertile and the book may help them well. Unemployed: This book will touch the aspirations of unemployed people as they have limited income to feed their family. This book will guide them of the techniques of feeding their families on low income and they will be attracted towards the book. This segment can be effectively reached by advertising in job search centers, job search magazine etc.

The Legal Policy In The Gas And Oil Industry Essay

The Legal Policy In The Gas And Oil Industry - Essay Example All these forms of contract are been utilized for accomplishing the same purpose i.e. promoting the economic growth of oil and gas production and extraction with sustainable environmental effect. Especially mentioning, the above-stated contract agreements possess own advantages along with disadvantages. Malaysian oil and gas industry plays a key part in developing the economy of the nation through contributing 40% in the national revenues. The major issues that arise during the selection of contract in this regard include the share of the distribution of profit between the government and companies participating in the contractual agreement and the cost structure that the involved parties need to be accepted. It will be vital to mention that oil and gas industry plays a vital part in boosting the overall growth of the nations in the international scenario. Thus, the proper selection of a specific contractual agreement will not only assist the respective governments of the nations to e radicate the issues but also impact the overall growth of the economy at large. Besides, the prior reason for undertaking an effective contractual agreement in the oil and gas industry between countries and international oil companies is to utilize the reserves in an appropriate manner2. However, at certain times, the selected approach of the contract becomes complicated, which significantly leads towards rising disputes between the involved parties. Moreover, contractors need to follow varied industrial norms, environmental laws, international and comparative policies of different international environmental agencies. By taking into concern the international scenario, it can be inferred that the notion of sharing production and operational activities of oil and gas amongst states and companies by forming an efficient commercial enterprise was significantly developed during  the 1950s in Bolivia.

Memo 3 Essay Example | Topics and Well Written Essays - 500 words

Memo 3 - Essay Example Secondly, in line with Petrolia’s success, it is on the negative since the mining of oil has been destructive and harmful to the people hence she may not awarded the justice it deserves. For the state of Petrolia to pursue this case versus the United States, the international law embraces world wide peace to be upheld by all member states. It is stated in the united Security Council charter that no member state shall be involved in the internal affairs of any nation. All member states enjoy their right of sovereignty without external influence. It is on this note that the united sates failed to follow and obey the rule of law in involving the crisis between Petrolia and the rebels. The Security Council was supposed to give consent on the issue for the United States to move in with the interest of solving the crisis. It is on this ground that the international law favors Petrolia since her rights has been violated. Secondly, she surprised the world community to strike Petrolia in the name of preserving international peace. This was totally out of order since our affairs do not pose any harm in the region thus there was no need to attach us. In addition, The united states was biased in dealing with these issue it was like supporting the northwest to be independent so as to avail her interest of oil in the region. It is evident that her rush to announce war on Petrolia was an act of catalyzing the effort of declaring her interest in the oil fields. This shall be enough evidence to show that their move of attacking Petrolia’s military was negative driven. This articulates that the international law shall favor Petrolia. In regard to the second question of succeeding in this dispute, the office of the attorney wishes to note that the sate will not succeed since in the process of oil mining it has failed to take care of her citizens. It has exposed her people to health hazards, which has seen an increase of cancer cases in the area as a

Tax Aspects of Partnerships Research Paper Example | Topics and Well Written Essays - 1250 words

Tax Aspects of Partnerships - Research Paper Example This paper will explore the various dimensions of taxation as applied to partnerships in the United States. The material in this paper is not intended as a treatise but rather as a brief explanation of the matter only. The major rules dealing with taxation in partnerships are enshrined in the United States Internal Revenue Code under Chapter 1, sub Chapter K. However, the application of K-1 rules is subservient to declarations of partnership under Form 1065 that documents the various transactions of the partnership entity4. The aim of the method is to ensure that the declarations of income and transaction presented by the entity in question are verifiable against the partners’ declarations. Individually, the partners are provided with K-1 schedules that they need to fill out on their own to report their personal income levels. However, this is far easier said than done since the partners may be involved in more than one entity and it may not be simple to segregate incomes from various entities among other problems. The first step in calculating applicable taxes is to measure the income attributable to the overall partnership5 and then for this income to be segregated as per the various partners. The share of each partner in the entity’s income or loss is determined in accordance with the partnership agreement6. Once a partnership agreement has been drafted, the independent character of the partners is considered as overruled such as in Bellis v. United States7. In case that the partnership agreement fails to provide for a distribution, then the partner’s share is determined by the partner’s partnership interest in the entity8. Additionally, partnership interest for any partner may be calculated using capital accounts of the respective partner9. When dealing with partnership income measurement, certain income sources need to be treated separately in order to arrive at individual partner income. Exclusions from collective income may oc cur in areas such as charitable contributions, foreign tax payments etc. which in general are personal concerns of the involved partners. In contrast, if charitable spending is done from the platform of the partnership using individual contributions of partners, the spending is not considered to be deductible from taxation. The recent decision on Dunlap et al. v. Commissioner10 makes it clear that any charitable donations from a partnership platform, even if executed by individual partners, must be considered an act of the partnership. However, foreign income derived from partnerships such as through controlled foreign corporations is still subject to tax such as explained in Brown Group Inc. v. Commissioner11. The basic contention is to separate partner income from partnership income. Although a list of items is available that may be subject to exclusion but guidelines remain unclear and open to differing interpretations. This in turn tends to complicate the separation of income it ems to be used for income measurement. It may not always be possible to separate such sources of income and loss as expounded in the recent decision of Whitehouse Hotel Limited Partnership v. Commissioner12 where the partnership was unable to classify its income sources properly under law. Another aspect is items that are not liable to deductions as long as they

Starbucks have remained quite stable in carrying out its strategies Essay

Starbucks have remained quite stable in carrying out its strategies that have boosted its expansion across the globe - Essay Example In 1992, Starbucks experienced a tremendous amount of growth, which led to reaching up around 100 stores across United States. This was their major stimulus towards going to public and become a publically traded company. With the exceptional amount of growth in its business, Starbuck managed to satisfy on an average 35 million customer per week, which indicates the quality, taste and aroma of the coffee offered by Starbucks to its customers (Stanley, 2002). The mission statement of Starbucks provides a comprehensive insight to the overall purpose of the organization. Unlike the typical mission statements, Starbucks has strived to incorporate all those purposes which are extremely vital for existence of the business such as achievement of profitability, responsibility towards community and environment, product diversity and lastly but most importantly, fair and equitable treatment with its workforce (Hammers, 2003). Organizational Design Organizational design is influenced by the stra tegies that the top management of any organization designs for it as part of its future areas of operations. Other factors, which contribute in shaping up the good â€Å"fit† for organizational design, are nature of organization, its size life cycle, environment, culture, and technology (Daft, Murphy, & Willmot, 2007). There might be other factors as well but they vary organization to organization. Starbucks has implemented such a design structure in its organization, which helps facilitate the faster communication among employees and from customers to top management. The structure of the organization is developed in such a manner that it fosters meaningful and timely communication across the organization (Hitt, 2008). The top management of Starbucks controls the centralized decision making system of the organization from its headquarter located in Seattle. The other districts where the stores of Starbucks serve its customer are run under the district managers who are directl y reportable to the top managers at the Starbucks headquarters. Under district managers, store managers keep the track of all the store activities. Apart from store managers, there are duty supervisors who take the charge in the absence of the store managers. Baristas are the coffee servers who report to duty supervisors and store managers (Hitt, 2008). In this way, the complete organizational structure of Starbucks stands and facilitates the appropriate communication and decision-making among the employees from top management to the lower-tier employees. This organizational structure of Starbucks allows the employees to work with coordination and collaboration rather than competition. Employees are assigned their specific roles but they are questioned for their tasks to which they are accountable. Adaptive culture is promoted at Starbucks however; the information sharing among employees follows a formal hierarchical chain, which is the bottom-line towards developing a centralized o rganizational structure. Organizational Effectiveness The effectiveness of any organization is mainly shaped as to how its major goals are being accomplished. However, there is no stringent tool to measure the organizational effectiveness. The broad way of measuring the organizational

A Problem In the Field of Finance Annotated Bibliography - 1

A Problem In the Field of Finance - Annotated Bibliography Example She describes the major elements and features of sovereign debt crisis, its implications and impact in the general sense and provides a critical case review of the US sovereign debt crisis. Sovereign debt crisis is a situation where a countrys government is unable to pay its bills (Amadeo para 1). This occurs when the government spends more money than it has. In such a case, the government will not be able to get money from its normal funding sources. Rather, it will need to find ways and means of getting money to fulfill its payment obligation and the most common method is to borrow. In explaining the cycle of sovereign debt crisis, Amadeo identifies that where a government enters a situation where honoring its sovereign debt is an issue, lenders see risks and begin to panic. In other words, the government cannot guarantee a low interest rate for lenders, thus, the lenders become concerned that the country cannot pay its bonds. In such a situation, the lenders will begin to demand higher yields to compensation for the speculation and anxiety that comes with the threat of sovereign debts. They therefore begin to panic and the economy gets into chaos. One of the obvious solutions that most governments employ is quantitative easing which involves the printing of more money to ease the issues with the sovereign debt threats (Amadeo para 7). This causes inflation and affects the value of the nations currency. Thomas Reuters provides statistical information and facts about the US Sovereign debt criss. As of October 2013, the United States governments borrowing was over $16.7 trillion (Thomson para 4). This was at par to the actual size of the US economy. Thus, as part of a trend, the Fitch rating system sought to downgrade the United States from its AAA rating to a lower rating. Prior to the events of October 2013, notable rating agencies like Standard & Poors had downgraded the USs rating to an AA rating. This occurred in August

Literacy Essay Essay Example for Free

Literacy Essay Essay For as long as I can remember literature has always played an important role in my life. As a young child, I can remember how excited I’d be at story time each night before bed. My interest in literature carried on throughout my school years from kindergarten when I was placed in the red bird group, which was the group of strongest readers†¦. to high school†¦when I had the benefit of being taught by one of the best English teachers ever, Ms. Irena King. Now as an adult and professional, I am very appreciative of the literary foundation that was laid for me by my family and my teachers. I understand how important literacy is in everyday life. First, as a young child, literacy played a very important role in my life even before I could read. I was always fond of books of all kinds. Coloring books, magazines, and picture books†¦I loved them all. I remember each trip to the grocery store; I would always get a new Little Golden Book. I absolutely had to have the entire collection and would want them read to me each night before bed. My favorite of this collection was The Gingerbread Man. I would sit for hours and look at the pictures. My mother would often encourage me to keep an interest in books. She always kept a subscription of Highlights Magazine for me and I would watch the mail each day in hopes that a new issue had arrived. As I grew older, my love for books did not change, but the type of books I wanted did. I had the largest collection of Sweet Valley High books and was a faithful subscriber to Fresh Magazine. I think that these are some of my fondest memories from my childhood, and I am so appreciative of my familys support of my passion for reading. Next, my interest for literature carried on from my early years to my school years. This was very evident when I started kindergarten. I vividly remember there were different groups within our kindergarten class.

Aim of My Life Essay Example for Free

Aim of My Life Essay There is a saying, â€Å"Those who aim high, reach high†. It is indeed true. Without a clear-cut aim in life, life just drifts. It just floats-aimless, rudderless and not knowing where one is heading to. If we look into the lives of great men and women of our times, we see that they had clear- cut aims and well demarcated goals in life. Having clear-cut goals in life is the first step to success, because â€Å"Where there is a will, there is a way†. I have always been very passionate about flying air- crafts. As far as I can remember. I have always wanted to be a pilot. Perhaps, this desire to become a pilot originated in me due to the fact that my uncle is an air- force pilot. His life, the adventure stories he used to tell me, the respect and fame he received, etc. , have all inspired me to follow his foot-steps. But it is not easy to become a pilot, especially an air- force pilot. And I am very much aware of this fact. This job requires a great deal of intelligence and proper education and training. A number of years have to be spent studying aeronautics and other related subjects and gaining proper training. Certain physical fitness is also required. Moreover, risks are the part and parcel of the life of an air force pilot. One must be ready to face any adverse situations, as accidents injuries and even sudden death. This job calls for a great deal of personal discipline, courage and determination. It is one of the toughest professions in the world. Yet I am determined to become one. At present I am putting my very best in my studies. I have joined the N. C. C. to make myself fit and to achieve certain amount of discipline and physical fitness. After my matriculation examination, I intend to study my pre-university course in a renowned college in New Delhi. I would be staying with my uncle in New Delhi so that I could get acquainted with the air force way of life. Another purpose of shifting myself to New Delhi, is to enable me to attend some professional coaching classes for National Defence Selection Test. It is one of the toughest examinations currently held in India. I believe that two years of intense preparation would enable me to get through this test. Once the person passes this test, he is called for an interview. Interview is also equally an important step in the selection process. A good deal of preparation has to go in, before the interview. After the interview is over, there is the physical test which would not be a major problem for me, as I have all the necessary physical standards at present, in respect to my present age. Once a person gets through this stage, he is sent for training as a pilot for two or three years. Training is extremely difficult and â€Å"competence† is the key word in this process. Even at this stage there is certain amount of selection. Only the really fit and competent individuals are sent for higher and more intense training as fighter pilots. Only after several years of intense training, that they are declared to be fighter pilots. Perhaps no other job requires so much of training and updating as the job of a pilot. I do know that everyone who aims does not reach the goal they aim at. Many fail on the way. Some drop out in between. Some get stuck down by bad luck and ill health. As for me, I am doing all I can to reach my goal. Only time will tell, whether I will finally reach my intended goal. I hope that luck and favour will not desert me on the way.

Users Perception On Digi Telecommunication Ebilling Service

Users Perception On Digi Telecommunication Ebilling Service Digi telecommunication (DIGI) established in the year of 1995 and is a well-known mobile communications brand company in Malaysia that provides a completely range of highly affordable and simple to use Wi-Fi telecommunications services to make easier and improve the satisfaction level towards Digi customer. The company provides mobile phone as well as fixed telephone systems products and services which enable people to stay connected always with each other no matter where they are. DIGIs two main business lines services are operates into such as Digi postpaid, Digi prepaid and international services as voice services, and text messaging, multimedia messaging service (MMS), broadband internet, GPRS/EDGE and wireless application protocol (WAP) as data services. Digi postpaid is where the user used fixed line service to call and pay the bill after their total usage used for the month whereby Digi prepaid user have to pay and reload the credit first before using the service, and this do not need any phone bills. International services are also called as international direct dial (IDD), which enable customer to make international roaming such as calls and text messaging. 2.0 Rationale for the title Digi Telecommunication industry is among one of the rapid grow industry in Malaysia. The telecommunication sector is expanding rapidly because of its up-to-date services and products. Due to the rapid development of technology, people are now in the era of telecommunication and internet based. Everything in the world are usually communicate using internet and business can be deal using online transaction. This development has become a transition for the development of the nations industrial sectors. All mobile communications company in Malaysia are seeking different ways to compete themselves from their competitors and gain benefits over competition. A good quality of service becomes the promoting method to attract customer attention as it is the most important factors in customer satisfactions. The main reason for choosing this title is to research and identify the users perception on Digi e-billing services in Penang area. Besides, it also helps users to aware about the existence of Digi e-billing service. It is important to determine the customers requirements, demands and the perception of the customers towards Digi e-billing services as in to gain the customer service level. Therefore, hand phone bills that are postal mail to the customers in monthly basis is already become a regular method among Malaysians. Its already a fact that in this current advanced technology world, every single individual in urban areas has a mobile phone because its one of a trends and lifestyles for people. Besides that, another reason is because of the current climate change issue, Digi has now took part in the Go Green campaign to reduce the climate impact, Digi has now fully launch and encouraging e-billing service system to postpaid customers. For those postpaid customers who choose to convert to e-billing and unsubscribe for paper billings, DiGi will be contribute the each of the postpaid customers paper billings of RM3.00 to WWF-Malaysia as a reforest funds. This is an effort to minimize the environment impact by encouraging the postpaid customers to receive the monthly statement electronically rather than receiving the usual paper bills. Besides playing a role in protecting the countrys forest, Digi customers also get to reduce the monthly bill by RM3 to convert to e-billing service. 3.0 Research Question and Research Objectives This section will brought up some questions in this research paper which are relevant to the research title and also to identify the main objective of the research paper. There are 10 research questions created which are related to the title. The questions are as below: 1) Why do customers choose Digi as their telecommunication network? 2) What are the level of customers satisfactions by using Digi postpaid network service? 3) How do customers sign up for e-billing online? 4) How do customers received their monthly statement bill through e-billing? 5) Do e-billing service brings convenient to customers? 6) Do customers participate in e-billing service? 7) Do customers prefer received monthly statement though paper bill or e-billing? 8) How frequent customers able to check on the e-billing statement in a year? 9) Do customers support Digi to go for Go Green by using e-billing? 10) How does the users perception level on Digi e-billing service in Penang area? 3.1 Research Objectives There are 2 main objectives for this study. The objectives of this study are to identify the users perception level on Digi e-billing service in Penang area. Secondly, is to let user aware about the e-billing services and encourage them convert to e-billing to reduce climate impact. 4.0 Research Methods The type of this research method is based on empirical project. The research is focused to conduct a survey on the Digi e-billing Service in Penang area only. This research will involve a total of 150 respondents to get the feedback. To make this research into more well focused study, the respondents will consists of the Digi postpaid network service customers in the Penang area where they will select to participate into this survey only. They were either the existing or previous Digi postpaid user. The research is not limited to any other requirements either age or religion. Overall, all Digi telecommunication postpaid user in Penang area will participate in this research study. In this research, primary and secondary research is included to obtain the data collection. Primary research will started off with distributions questionnaires to Digi postpaid users in Penang malls such as, Queensbay Mall, Gurney Plaza, Prangin Mall, 1st Avenue Mall and also Straits Quay Mall. Besides that, e-mail survey will be forwarded out to selective friends and other Digi postpaid users by e-mail. And finally, an individual interview will be held between the Digi sales person and other Digi postpaid users. Next, secondary research will obtained by using electronic databases such as journals and articles and online research. 5.0 Time Scale Activity Dateline Title / Article 13th April 2011 Proposal 13th April 2011 Questionnaire Construction Questionnaire Analysis Methodology Analysis Literature Review Submission

Painful realities :: English Literature:

Painful realities Poetry creates awareness of painful realities. This can be appreciated in particular to war poetry where generally it is the aim of the poet to educate people on the horrific events that take place during the bleak years on the battlefields. The painful realities are expressed through metaphors, similes, specific tone of language and mood. Furthermore, poets use tempo, reflections and questions in their writing in order to express their feelings and what war is essentially about. In order to study at how poetry creates awareness, four poems will be considered. These are War, Chick Martin Dulce et Decorum Est, Wilfred Owen Grenade, Francis Scarfe Bombardment, D H Lawrence In the first poem, it is evident that painful realities are created through the author’s use of descriptive language and his ability to describe the scenes on the battle fields and the impacts later. There is no regular structure to the poem although there is a reoccurring line at the conclusion of each stanza; War is war, nothing more. This is the basis to the poem, explaining to readers that war is as it appears. It is as the gruesome scenes of violence, death and pain. There are The erratic shorter versus increase the intensity Dulce et Decorum Est creates the realities through careful structure. After describing how the soldiers, trudged through the mud, â€Å"blood shod and drunk with fatigue,† it then describes the gas bombs. With clever use of metaphor, the green gas becomes a misty sea where soldiers drown as their lungs are burnt. Owen then concludes his poem, questioning the government, questioning Jessie Pope and questioning the world that so ruthlessly lied to young men, forcing them to enlist. He questions the old adage, ‘dulce et decorum est pro patria mori,’ (it is sweet and fitting to die for one’s country.) The realities are so well depicted in this poem by Owen through the choice of punctuation and use of reflection. Exclamation marks are employed, exemplifying the intensity of the cries of the soldiers and how they tried to warn each other of the green sea. Owen is able to

Sikh Religion Essay -- essays research papers

The movie that I chose to do this report on is titled, ‘Bend it Like Beckham.’ It is about a Sikh girl who is being raised in England. This girl is confronted with a lot of issues pertaining to her culture and religion and how these both clash with the culture of England. She wants to do things that her fellow colleagues are doing, but is not allowed due to her parent’s strict respect of their religion. In the following pages, I will first explain the significance of the man on the wall in the picture. Then I will move on to cultural issues and their significance with the marriage scenes. The last section will discuss the overall reason for Jess not being able to play soccer.   Ã‚  Ã‚  Ã‚  Ã‚  Sikhism is a religion that was started by a man named Guru Nanak Dev around 500 years ago. He wanted to spread a simple message; â€Å"we are all one, created by the one creator of all creation.† During this time India was being split up by differing religions. He simply took no sides, yet respected them all. This is who is in the picture that resides above the mantle. He is considered the first and most important of the ten Gurus. In researching the culture of the Sikhs, I found that they treat these Gurus as Christians would treat saints. (sikhs.org) As Catholics pray to certain saints for certain things, the Sikhs do the same with their Gurus. Whenever they feel they need the help or guidance of one of the Gurus, they simply pray to them. As well as praying to these Gurus, th...

Jazz Dance :: essays research papers

Afterreading the article on jazz dance, I had found out a number of interestingthings that I hadnt known before. I thought it was a dance form that wasfairly new, starting in the early 1900s. I then found out that it actually pre-dates all the way back to theseventeenth century. I also thought itcame from the United States, when it really originated in Africa and wasbrought here by the slaves. The dancingand drumming was such a part of their lives; it was eventually continued by theslaves on the plantations with dancing and the clapping of their hands forrhythm. It was used as a form ofentertainment, as well as enjoyment, and sometimes, even for competition. It wasaround the 1830s when the song and dance of the Africans began being performedin theaters, called Minstrel shows,but the dancers were actually white. Then in the 1860s, blacks were finally aloud to perform in these shows. They became very popular and then diedout in the early 1900s, which lead the way for new shows. The most popular of these being the Vaudeville show. The Vaudeville show, presented a numberof different acts with all different cultures of people and dance, whichencouraged diversity. It served as aprofessional school, a training ground and an experimental station for dancersdestined for Broadway, nightclubs and film.-Richard Kislan. The Vaudevilleera began the emergence of jazz music, which mixed ragtime and blues. The dancers would then begin to connect tothe condensed rhythms of jazz music. Nowjazz incorporates a gathering of styles and movement, which can mean a lot ofdifferent things to different people. When welearned jazz dance in class, I found it hard to keep up at first. I liked the way it looked, when someone whoknew what they were doing, was dancing. I remember changing directions a lot. I also noticed while dancing that you use pretty much every part of yourbody. I thought I would be good at it,considering I am an athlete, and I am tune with my body. But I wasnt, I just felt like so manydifferent things to remember. Maybe if Ipracticed it more, I could pick it up. What I didlike about jazz dance, is how free it is. It really gives you the opportunity to express yourself. Even the guy who came in to instruct us wastelling everyone to perform the moves in your own style. Since we didnt really have any jazz music, Ifound it hard to keep rhythm.

Foucault – Power/Knowledge

Foucault’s theorisation of the power/knowledge relationship Foucault in theorizing the relationship between power and knowledge basically focused on how power operated in the institutions and in its techniques. The point is how power was supported by knowledge in the functioning of institutions of punishment. â€Å"He places the body at the centre of the struggles between different formations of power/knowledge. The techniques of regulation are applied to the body† (Wheterell et al. , 2001: 78) Power is the ability to control others or one’s entity. Accordingly it can be defined as a kind of strength or as an authority. There are various theorisations about the meaning of this term in sociology thus it would be hard to give a comprehensive definition. Is power a relationship? What kind of outcome does it produce? Can it modify behaviour and can it reduce the power of others? (Waters, 1994: 217) All of these questions can be answered in a different way. The point might be over whom and upon what can this power be exercised. Foucault frequently uses power and knowledge together in the phrase power/knowledge. He claims these two are inseparable. A general expression exists which conjoins the two into â€Å"knowledge is power. † Foucault reverses the logic of this expression in arguing that possession of knowledge does not give one power but gaining power means having knowledge at the same time as â€Å"knowledge is already deeply invested with power† thus it is better to agree on â€Å"power is knowledge†. (Appelrouth and Edles, 2008: 643) Knowledge can be expounded as the awareness of some fact or as a skill that the individual achieved or inherited. In Foucault’s interpretation both idea turned up in the analysis of the â€Å"Panopticon† and the â€Å"plague stricken town†. Being aware of the events happened somewhere is knowledge and this knowledge gives power to those whom got to know about that events although this knowledge could not have been acquired in the lack of power as there would not have been any opportunity to get into a position which allows the observation to get to know something. That is the basis of Foucault’s idea about knowledge and power as oneness and the reason for why is important to think other about the â€Å"power is knowledge† and â€Å"knowledge is power† correspondence. Discipline and Punish (1975) is Foucault’s best genealogical investigation. Appelrouth and Edles, 2008: 643) At the beginning he describes a public torture which was a totally accepted from of punishment in the 18th century. Dramatically introduces the whole process without attitudinizing as those days public execution was a common event, the illustrated torture was as real as he presents it. As norms and attitudes changed in lat ter centuries public tortures has become not popular anymore, people were sentenced to go to prison where a completely different penalty system has been running. Foucault describes typical activities and every day life of the inmates. The point of these two presentations is to show that the changes of methods of punishment correlate with cultural and social changes in the all-time society. (Appelrouth and Edles, 2008: 648) In the second part he â€Å"draws a parallel between the aggressive mechanism used by plague-stricken cities in the late seventeenth century and Bentham’s Panopticon which was intended to be the model for the perfectly rational and efficient prison. † (Appelrouth and Edles, 2008: 648) The point of these comparisons is to reveal how knowledge developed and how this development influenced the society. As knowledge grows and becomes deeper the new understanding of the social and physical world â€Å"generates new locations for the application of power†. (Appelrouth and Edles, 2008: 646) Foucault describes two old mechanisms which was widely used, the public execution as an old form of punishment and the actions against plague that emerged in a town. A new type of punishment became popular which aims to punish the soul not the body as it was common before. There is no more physical torture but torture of the soul. These two old mechanisms alien to the latter methods: the usage of new strict rules that determines the prisoner’s life and the new method of control, the idea of the Panopticon which put surveillance from only one place forward. When plague turned up the old system followed the then methods of observation and surveillance, plague was everywhere thus the supporting power must have been mobilized. In this case â€Å"power is mobilized; it makes itself everywhere present and visible; it invents new mechanism; it separates; it immobilizes† etc. o make people act as it was expected in these conditions (because of the plague almost every interactions must have been stopped in the interest of getting rid of the disease). (Foucault, 1975) The Panopticon instead of exercising power from several sides emphasises the importance and perfection of the surveillance focus from one place. The Panopticon is a building which has an annual part in the periphery and a tower in the centre. Next to omitting little details its most important feature is the ability to see into every cells without being visible. The panoptic mechanism arranges spatial unities that make it possible to see constantly and to recognize immediately. † (Calhoun et al. , 2007: 209) The consciousness of being watched make people put on their best behaviour, their best way of acting thus the inmates do not commit any further crimes as it usually occurs that could happen without being watched. The operation of this building gives the opportunity to work with less employees because only a few overseers necessary being in the tower to check all the cells continuously. This way only a few supervisors needed to control these employees thus it is more economical. The supervision of the plague-stricken town would have cost a lot as a complex system ran which needed a big amount of labour force. As techniques develop and new forms of penalty system emerge costs become lesser. Knowledge grows and makes institutions more efficient as knowledge itself is efficient. â€Å"As knowledge grows the techniques of discipline and surveillance multiply such that power takes on an ever-increasing number of forms. † (Appelrouth and Edles, 2008: 646) The question is if knowledge produces more power or comes from power. The major effect of the Panopticon is to induce in the inmate a state of conscious and permanent visibility that assures the automatic functioning of power. â€Å" (Calhoun et al. , 2007: 210) Accordingly power is what is functioning all the time and knowledge could not be without presence of power. Although as Faucault (1975) claims: â€Å"power and knowledge directly imply one another; there is no power relation without the correlati ve constitution of a field of knowledge, nor any knowledge that does not presuppose and constitute at the same time power relations†. Thus knowledge and power can not exist independently from each other. Benthams laid down two principles about power relating to the Panopticon: it must be visible and unverifiable. The inmates will constantly have before their eyes the tall outline of the central tower from which they are spied upon and must never know whether they are being looked, but they must be sure that they may always be so. (Calhoun et al. , 2007: 210) These two principles give the opportunity to exercise power over the prisoners. The other very important thing is that this system is not only successful in prison but in every kind of institutions. Could be practiced in school or even in an office, people became successfully regulated by the power if vision. The idea of the Panopticon is a metaphor for the general presence of a new penalty system which is called the disciplinary society by Foucault. (Appelrouth and Edles, 2008: 644) This society is disciplined by being constantly watched and punished by excluded them from normal society. Criminals and those whom do not follow the laid down rules are not punished in front of public anymore. There is no need to express power visibly to gain belief in it. Waters, 1994: 231-232) â€Å"Panopticonseque surveillance has become so effective that individuals now sanction and normalize their own behaviour without any prompting, surveilling and disciplining themselves as if they were simultaneously the inmate and guard of their own self-produced Panopticon. † (Appelrouth and Edles, 2008: 646) What if that surveillance is not that effective and something breaks the discipline? The w hole system can lose its power when turns out that this observation is not accurate. Surveillance must be continuous all the time otherwise people lose their belief in the power of it. Once someone realises that can commit an offence or just do something against the rules without being caught the whole system can be questioned. The best example for this is public cameras all over the streets nowadays, although people know that they are visible whatever they do still commit crimes and do unacceptable things. The offender can not be completely sure about being watched or not. The same situation prevails in a school or office where the employees and students know that they can be lucky and might be not watched. If once punishment does not take place the individual can take under consideration the fact of being always watched thus disciplined behaviour is not guaranteed anymore. Foucault’s genealogical investigation is about to look on how power/knowledge and forms of punishment changed during the past few centuries. â€Å"Until turn of the nineteenth century criminal deviance was controlled by public attacks on the offender’s body. † (Waters, 1994: 231) Public execution was quite common in the 18th Century (although it is still ongoing even today in some countries), â€Å"Foucault identifies such punishments as political rituals†. Waters, 1994: 231) Torture was the expression of power, presented how the offender is punished if commits an offence against the only sovereign power. This sovereign power was one â€Å"centralized authority, like a king†. (Appelrouth and Edles, 2008: 643) According to Foucault punishment went through another two stages since pub lic tortures (which is the first stage). This form of punishment is considered unacceptable nowadays, but not because it goes too far, â€Å"rather it is because punishment and the power that guides it have taken new, more acceptable forms. (Appelrouth and Edles, 2008: 643) Punishment became invisible and kinder to the body, to be disciplined was the point rather than to be punished. The second stage of penal practices was based on surveillance and discipline what was aimed to harm the mind. (Appelrouth and Edles, 2008: 644) Public execution can be considered as a terrible kind of punishment, but torture of the mind is the worst. Physical pain could have been unbearable during these public tortures but psychical pain over years and years is tougher as it has no end. With the birth of prison power started to practice the new, less crucial form of penalty which may be more sinister than it seems. Foucault’s three stages can be distinguished by the time period when that form of punishment were popular, by the basis of authority/power was in power, and by the methods how these punishments were practiced. In the 18th Century, as it was mentioned before, the penalty system was leaded by a central authority which could have been a king or one single corporation of the government. The method was a kind of â€Å"public corporal punishment† that is in Foucault’s Discipline and Punish the public execution, the public torture. (Appelrouth and Edles, 2008: 646 Table 15. 2) In addition this torture took place in public. Later on among so many changes torture as a public spectacle disappeared. (Foucault, 1975) The second phase of punishment emerged in the 19th-20th Century when the basis of power was a decentralized institution. Methods were based on surveillance and discipline like in Bentham’s Panopticon or in the plague-stricken town. Appelrouth and Edles, 2008: 646 Table 15. 2) Today, in the 21th Century we are in the third stage of punishment where there are multiple principles about the authority of the penalty system, multiple self-regulations exist and power is diffusive. The trend of the second phase is intensified in the third. â€Å"Power has become destructed and individualized†, â€Å"disciplinary individuals† turned up . â€Å"No longer are social structures and specific institutions necessary for the exercise of power and the meting out of punishment. (Appelrouth and Edles, 2008: 646) In Discipline and punish Foucault analyses the ways how the offender is disciplined in different punishment regimes. In early times punishments were crude, â€Å"prisons were places into which the public could wander†. (Wheterell et al. , 2001: 78) The latter form of regulation and power became private. Inmates were closed into prisons with an invisible system. Public could not see into these institutions anymore. Punishment became individualized and â€Å"the body has become a site of a new kind of disciplinary regime. Of course this body is not simply the natural body which all human beings possess at all times. † (Wheterell et al. , 2001: 78) Knowledge determines this body, the knowledge about the offence and offender. â€Å"This body is produced within discourse †¦ the state of knowledge about crime and criminal, what counts as true about how to change or deter criminal behaviour†¦ This is a radically historicized conception of the body. † (Wheterell et al. , 2001: 78) Foucault carried out a genealogical analysis of punishment and discipline. This analysis, among others, was based on the power/knowledge relationship which was at least as altering as the forms of the penalty systems were showed in the historical review. Various techniques were used to punish and these techniques were influenced by the exercised power in one place one time. The perfect institution to practice power and discipline/punish offenders is the building of the Panopticon. According to Foucault this building is the answer for all questions turned up with other methods of punishment. Bibliography Appelrouth, Scott and Laura Desfor Edles. 2007. Classical and contemporary sociological theory: text and readings. Pine Forge Press: 641-665. Calhoun, Craig J. , Joseph Gerteis and James Moody. 2007. Contemporary sociological theory. Wiley-Blackwell: 209-216. Foucault, Michel. 1995. Discipline & punish. Knopf Doubleday Publishing Group. Waters, Malcolm. 1994. Modern sociological theory. SAGE: 217-233. Wetherell, Margaret, Stephanie Taylor, Simeon Yates. 2001. Discourse theory and practice: a reader. SAGE.

How Should You Use Citations Environmental Sciences Essay

Peacocks are known for their immense fans of colourful tail plumes, called a train. Peoples have kept these beautiful blue and green birds for 1000s of old ages. Sometimes the word Inachis io is used to depict merely the male bird. The female is called a peahen. Peacocks belong to the pheasant household, Phasianidae. There are three species, or types, of peacock-the blue ( or Indian ) Inachis io, the green ( or Javanese ) Inachis io, and the Congo Inachis io. The lone Inachis ios that have trains of tail plumes are the males of the blue and green types. Peacocks normally live in lowland woods. At dark they sleep in trees. The bluish Inachis io comes from southern Asia, while the green Inachis io comes from southeasterly Asia. The Congo Inachis io is found in cardinal Africa. In both the blue and green types, the male ‘s organic structure is approximately 35 to 50 inches ( 90 to 130 centimetres ) long. Its train of metallic green tail plumes is about 60 inches ( 150 centimetres ) long. Each tail plume has a reflecting topographic point at the terminal of the plume that looks like an oculus. A crest, or tussock of plumes, tops the male ‘s caput. The peahen of both these species is green and brown. It is about every bit large as the male. Male blue and green Inachis ios put on a showy show when seeking to pull couples. The Inachis io lifts its train and spreads it like a fan. It so struts about and agitate its train, doing the plumes shimmer and rustle. The Congo Inachis io is chiefly bluish and green. Its tail is short and rounded. The peahen is ruddy and green. Beginning: Peacock. ( 2011 ) . In Britannica Junior Encyclopedia. Retrieved JanuaryA 22, 2011, from Britannica Online for Kids: hypertext transfer protocol: //kids.britannica.com/ elementary/ article-9353606/PeacockGreen Invaders April 18, 2008Green encroachers are taking over America. Nope, non encroachers from infinite. Plants. You might non believe of workss as unsafe, but in this instance they are endangering nature ‘s delicate nutrient web. The encroachers are workss from other states brought here to do gardens and paces look pretty.A Ever since people started to get on America ‘s shores, they ‘ve carried along trees, flowers, and veggies from other topographic points. Now there are so many of those workss, they are herding out the native workss that have lived here since before human colonists arrived. And that ‘s a job, says Dr. Doug Tallamy. He ‘s an bugologist ( an insect expert ) at the University of Delaware. He explains that about all the phytophagic insects in the United States-90 % of them-are specialized. That means they eat merely certain workss. Monarch butterfly caterpillars, for illustration, dine on silkweed. If people cut down milkweed and replace it with another works, the butterflies will non hold the nutrient beginning that they need to last. But the problem does n't halt at that place, it goes right across the nutrient web. When insects ca n't acquire the right workss to eat and they die away, so the birds do n't hold adequate bugs for their repasts. Tallamy points out that about all migrating birds depend on insects to feed their immature. â€Å" We can non allow the workss and animate beings around us disappear, † says Tallamy. â€Å" The manner to continue them is to give them nutrient to eat. But when we works non-native workss, we are basting the nutrient web, because so we do n't hold the insects the birds need to populate. † Fewer of the right workss mean fewer bugs, and fewer bugs mean fewer birds. And that ‘s bad for the Earth, because we need a assortment of populating things to maintain the planet healthy and beautiful. The good intelligence is, nurserymans everyplace are working hard to protect native workss and acquire rid of the encroachers. Many local garden centres sell native workss. â€Å" Just Google ‘native workss ‘ and your location, and you can happen out which workss truly belong where you live, † says Tallamy. Planting the right things makes a existent difference, and fast. He describes seting milkweed in a bantam metropolis courtyard about the size of a life room one spring. By summertime, that milkweed spot had produced 50 new sovereign butterflies! Tallamy encourages childs to travel out and works native workss. â€Å" Adopt a bird species in problem and see if you ca n't works some things that will pull the insects they need, † he suggests. â€Å" It will happen-insects move around a batch, and they will happen the workss you put out at that place for them! † Text by Catherine Clarke Fox Fox, C. ( 2008 ) . Green encroacher. Retrieved January 22, 2011, from national geographic childs: hypertext transfer protocol: //kids.nationalgeographic.com /kids /stories/animalsnature/Bite! Flesh-eating Plants March 14, 2007â€Å" I want people to acquire passionate about workss, † says Lisa Van Cleef about a new exhibit at the San Francisco Conservatory of Flowers. â€Å" Everybody gets excited about the menagerie and animate beings, but one time you start looking at workss you find they have a batch traveling on, excessively! † Particularly the carnivores, or meat feeders, that use the sneakiest of fast ones to pin down their insect dinners. Take bladderworts, for illustration. They appear so little and delicate growth in a quiet pool. But these are the fastest-known slayers of the works land, able to suck in unsuspicious mosquito larvae in 1/50 of a 2nd utilizing a trap door! Once the trap door stopping points on the victim, digestive enzymes similar to those in the human tummy easy consume the insect. When dinner is over, the works ejects the remains and is ready to pin down once more. Carnivorous workss turn in topographic points with dirt that does n't offer much nutrient value. â€Å" You and I could take a vitamin pill, † says Van Cleef. â€Å" But these astonishing workss have had to germinate over 1000s of old ages, developing insect traps to acquire their nutritionary demands met. Just expression at all they ‘ve done in the battle to last. â€Å" A The traps can be well-disguised to gull the oculus, like hurler workss, which get their name because they look like beautiful hurlers full of nectar. The Asian hurler works, for illustration, has a brilliantly colored rim and an luring half-closed palpebra. Curious insects are tempted to come close and take a sip, so skid down the slippery incline to their deceases. Hair-like growings along the hurler walls guarantee that nil can scramble out, and the digestive enzymes can acquire to work. A bantam insect called a midge might be digested in a few hours, but a fly takes a twosome of yearss. Some of these hurlers are big plenty to keep two gallons ( 7.5 litres ) . Carnivorous workss merely eat people in scientific discipline fiction films, but one time in a piece a little lizard, gnawer, or bird will detect that a hurler works is n't a good topographic point to acquire a drink. Other workss have found different ways to catch a bite. Sundewsand butterworts snag bites with flypaper-like stickiness, while the Venus flytrap catchs shut on its victims. Carnivorous workss grow largely in wet countries, from sea degree to the mountains. They may look alien, but if you live in the United States, you do n't hold to go to faraway lands to see some. North America has more carnivorous works genera than any other continent. If you ca n't go to the exhibit in San Francisco, look into out a carnivorous works guidebook from your local library, and you may detect some turning in your cervix of the forests! Fox, C. ( 2007 ) . Chomp! meat-eating workss. Retrieved January 22, 2011, from national geographic childs: hypertext transfer protocol: //kids.nationalgeographic.com/kids/ stories/ animalsnature/meat-eating-plants/ Basic Rule All lines after the first line of each entry in your mention list should be indented one-half inch from the left border. This is called hanging indenture. Writers ‘ names are inverted ( last name foremost ) ; give the last name and initials for all writers of a peculiar work for up to and including seven writers. If the work has more than seven writers, list the first six writers and so usage eclipsiss after the 6th writer ‘s name. After the eclipsiss, list the last writer ‘s name of the work. Reference list entries should be alphabetized by the last name of the first writer of each work. If you have more than one article by the same writer, single-author mentions or multiple-author mentions with the exact same writers in the exact same order are listed in order by the twelvemonth of publication, get downing with the earliest. When mentioning to any work that is NOT a diary, such as a book, article, or Web page, capitalise merely the first missive of the first word of a rubric and caption, the first word after a colon or a elan in the rubric, and proper nouns. Do non capitalise the first missive of the 2nd word in a hyphenated compound word. Capitalize all major words in journal rubrics. Italicize rubrics of longer plants such as books and diaries. Do non italicise, underline, or set quotation marks around the rubrics of shorter plants such as journal articles or essays in emended aggregations. Please note: While the APA manual provides many illustrations of how to mention common types of beginnings, it does non supply regulations on how to mention all types of beginnings. Therefore, if you have a beginning that APA does non include, APA suggests that you find the illustration that is most similar to your beginning and usage that format. For more information, see page 193 of the Publication Manual of the American Psychological Association, 6th edition.In-Text Citations: Author/AuthorsDrumhead: APA ( American Psychological Association ) is most normally used to mention beginnings within the societal scientific disciplines. This resource, revised harmonizing to the 6th edition, 2nd printing of the APA manual, offers illustrations for the general format of APA research documents, in-text commendations, endnotes/footnotes, and the mention page. For more information, please confer with the Publication Manual of the American Psychological Association, 6th edition, 2nd printing. Subscribers: Elizabeth Angeli, Jodi Wagner, Elena Lawrick, Kristen Moore, Michael Anderson, Lars Soderlund, Allen Brizee, Russell Keck Last Edited: 2010-11-16 02:10:54 APA manner has a series of of import regulations on utilizing writer names as portion of the author-date system. There are extra regulations for mentioning indirect beginnings, electronic beginnings, and beginnings without page Numberss.Mentioning an Writer or WritersA Work by Two Writers: Name both writers in the signal phrase or in the parentheses each clip you cite the work. Use the word â€Å" and † between the writers ‘ names within the text and utilize the ampersand in the parentheses. Research by Wegener and Petty ( 1994 ) supports†¦ ( Wegener & A ; Petty, 1994 ) A Work by Three to Five Writers: List all the writers in the signal phrase or in parentheses the first clip you cite the beginning. ( Kernis, Cornell, Sun, Berry, & A ; Harlow, 1993 ) In subsequent commendations, merely utilize the first writer ‘s last name followed by â€Å" et Al. † in the signal phrase or in parentheses. ( Kernis et al. , 1993 ) In et al. , et should non be followed by a period. Six or More Writers: Use the first writer ‘s name followed by et Al. in the signal phrase or in parentheses. Harris et Al. ( 2001 ) argued†¦ ( Harris et al. , 2001 ) Unknown Writer: If the work does non hold an writer, mention the beginning by its rubric in the signal phrase or utilize the first word or two in the parentheses. Titles of books and studies are italicized or underlined ; rubrics of articles, chapters, and web pages are in citation Markss. A similar survey was done of pupils larning to arrange research documents ( â€Å" Using APA, † 2001 ) . Note: In the rare instance the â€Å" Anonymous † is used for the writer, handle it as the writer ‘s name ( Anonymous, 2001 ) . In the mention list, use the name Anonymous as the writer. Organization as an Writer: If the writer is an organisation or a authorities bureau, reference the organisation in the signal phrase or in the parenthetical commendation the first clip you cite the beginning. Harmonizing to the American Psychological Association ( 2000 ) , †¦ If the organisation has a well-known abbreviation, include the abbreviation in brackets the first clip the beginning is cited and so utilize merely the abbreviation in ulterior commendations. First commendation: ( Mothers Against Drunk Driving [ MADD ] , 2000 ) Second commendation: ( MADD, 2000 ) Two or More Plants in the Same Parenthesiss: When your parenthetical commendation includes two or more plants, order them the same manner they appear in the mention list, separated by a semi-colon. ( Berndt, 2002 ; Harlow, 1983 ) Writers With the Same Last Name: To forestall confusion, usage first initials with the last names. ( E. Johnson, 2001 ; L. Johnson, 1998 ) Two or More Plants by the Same Author in the Same Year: If you have two beginnings by the same writer in the same twelvemonth, use lower-case letters ( a, B, degree Celsius ) with the twelvemonth to order the entries in the mention list. Use the lower-case letters with the twelvemonth in the in-text commendation. Research by Berndt ( 1981a ) illustrated that†¦ Introductions, Forewords, Forewords, and Afterwords: When mentioning an Introduction, Preface, Foreword, or Afterwords in-text, mention the appropriate writer and twelvemonth every bit usual. ( Funk & A ; Kolln, 1992 ) Personal Communication: For interviews, letters, electronic mails, and other person-to-person communicating, mention the communicators name, the fact that it was personal communicating, and the day of the month of the communicating. Make non include personal communicating in the mention list. ( E. Robbins, personal communicating, January 4, 2001 ) . A. P. Smith besides claimed that many of her pupils had troubles with APA manner ( personal communicating, November 3, 2002 ) .Mentioning Indirect BeginningsIf you use a beginning that was cited in another beginning, call the original beginning in your signal phrase. List the secondary beginning in your mention list and include the secondary beginning in the parentheses. Johnson argued that†¦ ( as cited in Smith, 2003, p. 102 ) . Note: When mentioning stuff in parentheses, set off the commendation with a comma, as above.Electronic BeginningsIf possible, mention an electronic papers the same as any other papers by utilizing the author-date manner. Kenneth ( 2000 ) explained†¦ Unknown Author and Unknown Date: If no writer or day of the month is given, utilize the rubric in your signal phrase or the first word or two of the rubric in the parentheses and utilize the abbreviation â€Å" n.d. † ( for â€Å" no day of the month † ) . Another survey of pupils and research determinations discovered that pupils succeeded with tutoring ( â€Å" Tutoring and APA, † n.d. ) .Beginnings Without Page NumbersWhen an electronic beginning deficiencies page Numberss, you should seek to include information that will assist readers happen the transition being cited. When an electronic papers has numbered paragraphs, use the A ¶ symbol, or the abbreviation â€Å" parity. † followed by the paragraph figure ( Hall, 2001, A ¶ 5 ) or ( Hall, 2001, parity. 5 ) . If the paragraphs are non numbered and the papers includes headers, provide the appropriate header and stipulate the paragraph under that header. Note that in some electronic beginnings, like Web pages, people can utilize the Find map in their browser to turn up any transitions you cite. Harmonizing to Smith ( 1997 ) , †¦ ( Mind over Matter subdivision, parity. 6 ) . Note: Never use the page Numberss of Web pages you print out ; different computing machines print Web pages with different folio.

The Impact of Declining Nokia Market

PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH SESSION 2012-2014 Minor Research Project Synopsis â€Å"THE IMPACT OF DECLINING NOKIA MARKET † CONTENTS 1. Introduction 1. 1 Literature Review 1. 2 Objective Of The Study 2. Research Methodology 2. 1 The Study 2. 2 Sample 2. 3 Tools For Data Collection 2. 4 Tools For Data Analysis 2. References 3. Questionnaire Introduction Nokia has come a long way to evolve from a paper mill founded in 1865 to a world renowned mobile phone manufacturer and one of the most powerful brands in the world. In 1992 Nokia appointed Jorma Ollila as the new CEO and concentrated its focus on telecommunications.Throughout the 1990’s Nokia was known as a relentless innovator and a pioneer that made the world’s first satellite call among many other groundbreaking milestones. In 1998 Nokia became the world’s largest mobile phone manufacturer with a turnover of 31 billion dollars. Nokia is still the most influential company to the Finnish n ational economy, but Nokia’s effect is far from what it was in the early years of the 21st century when Nokia accounted for almost half of the economic growth in Finland and produced as much as five percent of Finland’s annual Gross Domestic Product.In 2006, Olli-Pekka Kallasvuo replaced Jorma Ollila as the CEO, but was not able to reverse the decline of Nokia’s market share especially in the high end segment, where competitors like Apple, Blackberry,HTC, Samsung, and phones using Google’s Android operating system captured market share from Nokia at an alarmingly increasing rate. At the end of year 2010 Android was already the most widespread smart phone operating system in the world and Nokia’s market share in the smart phone segment had declined from 38 to 31 percent in one year (Sokala).Literature Review The purpose of this literature review is to discuss relevant writings on how to improve marketing strategies from the branding perspective. Fir st, important terms such as brand equity and the concept of consumer-based brand equity are discussed. Secondly, the brand management process is discussed from a strategic viewpoint with the help of terms like brand revitalization and integrated marketing activity. The next part of the literature review concentrates on analyzing the marketing environment.Finally, the last section summarizes important conclusions on how the literature review relates to the company being observed, Nokia During 2012, the telecom infrastructure market saw slight growth in capital expenditures in Euro terms by global mobile operators, mainly attributable to operators in Japan, Asia Pacific and North America but it was off-set by declines in Europe, China and India, it added. Objective Of The Study The thesis has three distinct research objectives. First of all I will try to find out what is the aspired brand identity and brand image Nokia is trying to convey with its smart phone marketing.To achieve this I will conduct interviews with people who are responsible for Nokia’s brand management and marketing. The second research objective of my thesis is to find out what is the consumers’ brand perception of Nokia at the moment. To answer this question I will conduct a comprehensive smart phone brand perception survey to collect data from Finland and the United States. The last research objective of the thesis is improving Nokia’s current marketing strategies for its smart phones from a branding perspective in the countries subject to research.By comparing the results of the customer surveys with the company interviews, I can detect where the aspired brand identity of Nokia does not meet the brand perceptions of the consumers. By utilizing the existing knowledge and literature on the topic, I should be able to come up with ways to improve Nokia’s smart phone marketing in the two distinct geographical regions. Research Methodology The Study This Bachelorâ€⠄¢s Thesis is a case study with a conceptual research design since it consists of a defined research problem, clear research objectives, and exact research questions that lead to conclusions on a real-life phenomenon.The thesis includes empirical as well as descriptive elements. There are several contexts to the research, because the aim is to improve Nokia’s existing marketing strategies in different regions based on potentially differing brand perceptions prevalent in these areas. Data Collection Methods Interview Qualitative research and analysis methods were used to assess the depth interview (Appendix 1) conducted on the fourth of February, 2011, with Mr. Pekka Somerto, the Vice President of Nokia’s Brand and Marketing Portfolio Management. The interview was conducted at Nokia’s headquarters in Keilaniemi and it lasted for approximately an hour.The interview consisted of thirteen questions and the purpose was to find out about the brand identity Nokia tries to create with their marketing. The questions asked were chosen based on the literature discussed in the literature review, and with the overall goal of improving Nokia’s marketing strategies for smart phones from the branding perspective. The results of the interview not only helped in reaching the research objective, but they also provided useful ideas and additional questions for the consumer survey. Survey To find out consumers’ brand perceptions of Nokia, quantitative research and analysis methods were utilized.An online consumer survey (Appendix 2) was created with the Qualtrics-software and distributed to approximately 400 people in Finland and the United States through e-mail and social media networks. Data Analysis The data analysis of the survey results started with a general analysis of the averages and apparent trends. It was followed by the identification of significant regional differences between the responses with the help of cross tabulations. QUESTIO NNAIRE Smart Phone Brand Perception Survey REFERENCES Arnould, Eric, Linda Price, and George Zinkhan. Consumers. 2nd ed. New York: McGraw-Hill/Irwin,2004.Print. Barrett, Larry. â€Å"Palm, Nokia Smartphone Users Most Likely to Switch: Survey. † Enterprise Mobile Today. Internet. com, 19 Jan. 2011. Web. 24 Apr. 2011. . Best Global Brands Ranking for 2010. Interbrand, n. d. Web. 24 Apr. 2011. . Business Source Complete. Web. 14 Apr. 2011. . Christodoulides, George, and Leslie De Chernatony. â€Å"Consumer-based brand equity conceptualization and measurement. † International Journal of Market Research 52. 1 (2010): 43-66. EBSCO Business Source Complete. Web. 13 Apr. 2011. . Drobis, David R. â€Å"Integrated Marketing Communications Redefined. † Journal of Integrated The Impact of Declining Nokia Market PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH SESSION 2012-2014 Minor Research Project Synopsis â€Å"THE IMPACT OF DECLINING NOKIA MARKET † CONTENTS 1. Introduction 1. 1 Literature Review 1. 2 Objective Of The Study 2. Research Methodology 2. 1 The Study 2. 2 Sample 2. 3 Tools For Data Collection 2. 4 Tools For Data Analysis 2. References 3. Questionnaire Introduction Nokia has come a long way to evolve from a paper mill founded in 1865 to a world renowned mobile phone manufacturer and one of the most powerful brands in the world. In 1992 Nokia appointed Jorma Ollila as the new CEO and concentrated its focus on telecommunications.Throughout the 1990’s Nokia was known as a relentless innovator and a pioneer that made the world’s first satellite call among many other groundbreaking milestones. In 1998 Nokia became the world’s largest mobile phone manufacturer with a turnover of 31 billion dollars. Nokia is still the most influential company to the Finnish n ational economy, but Nokia’s effect is far from what it was in the early years of the 21st century when Nokia accounted for almost half of the economic growth in Finland and produced as much as five percent of Finland’s annual Gross Domestic Product.In 2006, Olli-Pekka Kallasvuo replaced Jorma Ollila as the CEO, but was not able to reverse the decline of Nokia’s market share especially in the high end segment, where competitors like Apple, Blackberry,HTC, Samsung, and phones using Google’s Android operating system captured market share from Nokia at an alarmingly increasing rate. At the end of year 2010 Android was already the most widespread smart phone operating system in the world and Nokia’s market share in the smart phone segment had declined from 38 to 31 percent in one year (Sokala).Literature Review The purpose of this literature review is to discuss relevant writings on how to improve marketing strategies from the branding perspective. Fir st, important terms such as brand equity and the concept of consumer-based brand equity are discussed. Secondly, the brand management process is discussed from a strategic viewpoint with the help of terms like brand revitalization and integrated marketing activity. The next part of the literature review concentrates on analyzing the marketing environment.Finally, the last section summarizes important conclusions on how the literature review relates to the company being observed, Nokia During 2012, the telecom infrastructure market saw slight growth in capital expenditures in Euro terms by global mobile operators, mainly attributable to operators in Japan, Asia Pacific and North America but it was off-set by declines in Europe, China and India, it added. Objective Of The Study The thesis has three distinct research objectives. First of all I will try to find out what is the aspired brand identity and brand image Nokia is trying to convey with its smart phone marketing.To achieve this I will conduct interviews with people who are responsible for Nokia’s brand management and marketing. The second research objective of my thesis is to find out what is the consumers’ brand perception of Nokia at the moment. To answer this question I will conduct a comprehensive smart phone brand perception survey to collect data from Finland and the United States. The last research objective of the thesis is improving Nokia’s current marketing strategies for its smart phones from a branding perspective in the countries subject to research.By comparing the results of the customer surveys with the company interviews, I can detect where the aspired brand identity of Nokia does not meet the brand perceptions of the consumers. By utilizing the existing knowledge and literature on the topic, I should be able to come up with ways to improve Nokia’s smart phone marketing in the two distinct geographical regions. Research Methodology The Study This Bachelorâ€⠄¢s Thesis is a case study with a conceptual research design since it consists of a defined research problem, clear research objectives, and exact research questions that lead to conclusions on a real-life phenomenon.The thesis includes empirical as well as descriptive elements. There are several contexts to the research, because the aim is to improve Nokia’s existing marketing strategies in different regions based on potentially differing brand perceptions prevalent in these areas. Data Collection Methods Interview Qualitative research and analysis methods were used to assess the depth interview (Appendix 1) conducted on the fourth of February, 2011, with Mr. Pekka Somerto, the Vice President of Nokia’s Brand and Marketing Portfolio Management. The interview was conducted at Nokia’s headquarters in Keilaniemi and it lasted for approximately an hour.The interview consisted of thirteen questions and the purpose was to find out about the brand identity Nokia tries to create with their marketing. The questions asked were chosen based on the literature discussed in the literature review, and with the overall goal of improving Nokia’s marketing strategies for smart phones from the branding perspective. The results of the interview not only helped in reaching the research objective, but they also provided useful ideas and additional questions for the consumer survey. Survey To find out consumers’ brand perceptions of Nokia, quantitative research and analysis methods were utilized.An online consumer survey (Appendix 2) was created with the Qualtrics-software and distributed to approximately 400 people in Finland and the United States through e-mail and social media networks. Data Analysis The data analysis of the survey results started with a general analysis of the averages and apparent trends. It was followed by the identification of significant regional differences between the responses with the help of cross tabulations. QUESTIO NNAIRE Smart Phone Brand Perception Survey REFERENCES Arnould, Eric, Linda Price, and George Zinkhan. Consumers. 2nd ed. New York: McGraw-Hill/Irwin,2004.Print. Barrett, Larry. â€Å"Palm, Nokia Smartphone Users Most Likely to Switch: Survey. † Enterprise Mobile Today. Internet. com, 19 Jan. 2011. Web. 24 Apr. 2011. . Best Global Brands Ranking for 2010. Interbrand, n. d. Web. 24 Apr. 2011. . Business Source Complete. Web. 14 Apr. 2011. . Christodoulides, George, and Leslie De Chernatony. â€Å"Consumer-based brand equity conceptualization and measurement. † International Journal of Market Research 52. 1 (2010): 43-66. EBSCO Business Source Complete. Web. 13 Apr. 2011. . Drobis, David R. â€Å"Integrated Marketing Communications Redefined. † Journal of Integrated

Absoulutely True Diary of a Part Time Indian Struggles of Arnold Spirit Essay

In the book â€Å"The Absolutely True Diary of a Part Time Indian† by Sherman Alexie, Arnold Spirit the main character struggles with being an Indian and going to Reardan, the all-white school where he wants to find hope. He struggles with acceptance because of his disability and he is an Indian. He also struggle with losing his best friend Rowdy as a friend, and he also struggles with losing loved ones. Though he has many, he copes with them and fixes them in the end. Throughout the story Arnold struggles with his disability. He is a very smart person but because of his disability his appearance makes him look like he is stupid. To top this all off he is also an Indian attending an all-white school. This causes the white people to make fun of him as well as the Indians and he feels different and unwanted by everyone. â€Å"And once I arrived at Reardan, I became something less than less than less than Indian. Those white kids did not talk to me. They barely looked at me†(83). This shows that he was not accepted on the reservation as an Indian or at Reardan because of what he was. He had no friends at Reardan, not even a friend on the rez anymore. When Arnold decided that he wanted to go to Reardan he wanted his only and best friend, Rowdy to go with him. When he told Rowdy about going to Reardan he felt like Arnold was abandoning him. He got really upset and angry and made it clear they were no longer friends. â€Å"I stayed on the ground for a long time after Rowdy walked away†¦But I had to stand eventually, and when I did, I knew my best friend had become my worst enemy†(53). This shows that Rowdy resented Arnold so much for going to Reardan he didn’t want to be friends with Arnold anymore. In addition to losing his best friend he lost many other people, only in a different way. One final struggle Arnold faced was losing many loved ones. He lost his dog, grandmother, Eugene (His dads best friend) and his sister. He not only blamed himself for the deaths but also many others blamed him because he left the rez and betrayed them in a way by going to Reardan and making friends with white people. â€Å"‘Your sister is dead because you left us. You killed her.’†¦Rowdy was right. I had killed my sister†¦It was all my fault†(211). This shows that Arnold felt like in a way it was his fault and some of the Indians on the rez felt the same. He blamed himself for every bad thing that had happened all his life. Arnold had a tough life, he struggled to fit in, to keep his best friend and with losing many loved ones. Arnold slowly made friends at Reardan by just being himself. In the end he and Rowdy made up. They put the past behind them. Arnold also forgave himself for all the loved ones he lost; he also hoped that everyone else forgave him too. Losing loved ones is a normal part of life. No one should take the blame when it was never their fault. Making friends is also hard Especially when you are in a completely new environment or you are shy. Sometimes best friends will fight. It can last for a short time or a long time. Its important to remember we can not judge someone because of who they are or where they come from. Put yourself in their shoes; how would you feel?

Notes of Commercial Law

Contracts (C3, pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. | |Wellmix Organics (International) Pte Ltd v Lau Yu Man (2006) , | | |T2 Networks Pte Ltd v Nasioncom Sdn Bhd (2008) | |Types of Contracts | Oral contracts | | |Written contract provides evidence of the parties’ contractual obligations. | |Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd (2006) | | |Parol evidence rule = oral evidence not admissible to add to, vary, amend or contradict written contract s 93-94 Evidence Act (refer | | |to Terms) | | |Engelin Teh Practice LLC v Wee Soon Kim Anthony (2004) | . Offer (C3, pg 63) |As the expression to another of a willingness to be bound by stated terms. | |Invitation to treat (pg 64) | |An invitation to others to enter into a negotiation which may eventually lead to the making of an offer. | |An ad is view as invitations to treat. | |Auction without reservations (refer to Barry v Davis (2000) pg 5) |(Offer = Bids made by audience, Acceptance = Auctioneer indicates bids accepted) | |Display of Goods | |Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952) the court held that the display of goods with prices constitutes an | |invitation to treat. The offer is only made when a customer selects the item he wants and brings it to the cashier to pay for it. |Reaffirmed by Singapore High Court in Chwee Kin Keong & Others v Digilandmall com Pte Ltd (2004) | |Advertisements An ad is view as invitations to treat. | |Partridge v Crittenden (1968) | |Provision of Information | |Harvey v Facey (1893) – The court held that there was no contract because provision of information was not an offer .Stevenson, Jacques & Co v McLean | |(1880) – Seeking for more information is neither a rejection nor acceptance, it was merely an enquiry. | |*compare between offer and invitation to treat, must prove why choose one over the other | |Specific Offeree |An offer is an expression made by one party to another party. For an offer to be effective, the offer must be communicated to the | | |offeree. | Unilateral Contracts |A contract brought into existence by the act of one party in response to a conditional promise by another. Harvela Investments Ltd v | |(involving only one |Royal Trust Co of Canada (Cl) Ltd & Ors (1984)No exchange of promise, only 1 promise (made by offeror). | |side) |Offeree makes no promise, only performs conditions attached to offeror’s promise. Carlill v Carbolic Smoke Ball Co. (1892) – Where | |(pg 63) |advertisement contains a promise in return for an act, an offer is intended. (No general rule that an ad cannot be an offer. | |Bi-lateral Co ntracts |An agreement where one party makes a promise to the other party. | |(involving on 2 side |There are duties, rights and considerations on both parties. In other words, performance of the conditions is an acceptance of the | |or both) |offer and this acceptance should be notified. | Termination of Offer (Pg 75) (5 ways) |Withdrawal |Law: Offer can be withdrawn or revoked by the offeror at any time before it is accepted. (When an offer is withdrawn, the offer is said | | |to be revoked). Overseas Union Insurance Ltd v Turegum Insurance Co (2001) | | |Law: Withdrawal must be communicated to offeree (Revocation is only effective when the offeree receives notice of the revocation) Byrne | | |v Van Tienhoven (1880) – It was held that the revocation was not effective until it was received by the plaintiff. Since the offer was | | |accepted prior to the revocation, there was a valid contract. | |Law: Revocation of offer can be communicated by a third party (as long as offeree obtains knowledge of the revocation) (must be a | | |reliable and trustworthy source) Dickinson v Dodds (1876) Law: Fresh Offer (Revocation can also occer if the offer is replaced by a | | |fresh offer) Ban Paribas v Citibank NA (1989) | | |Law: Offer is opened for a fixed period Routledge v Grant (1828) –Rationale is that an offeree cannot enforce an offeror’s promise to | | |keep his offer open unless there is separate contract supported by consideration to do so, such contracts are called options – Tay Joo | | |Sing v Ku Yu Sang – essentially a promise, supported by consideration, to keep an offer open for a specific period of time within which | | |to decide whether or not to enter into the purchase of agreement. | | |Law: Unilateral Contracts Abbot v Lance (1860), it was held that the offeror cannot withdraw his offer once the offeree has started to | | |act. – Dickson Trading(s) Pte Ltd v Transmarco Ltd (1989), obiter dictum, the offeror in a unilateral contract has an obligation not to | | |revoke the offer after the offeree has involved in the performance of the conditions. |Lapse of time |Acceptance after specific period which offeror states that his offer is open = Ineffective | | |If the offer is opened for a specified period, a purported acceptance after that period would not be effective since the offer had | | |lapsed. the court may imply that the offeror has specified the period of offer even if he has not done so expressly. Wee Ah Lian v Teo | | |Siak Weng (1992) | | |- however, if it is clear from the offeror’s conduct and other evidence that the terms of the supposedly lapsed offer continue to govern| | |their relationship after the specified period, then it is still valid and acceptable after the deadline. Panwell Pte Ltd & Anor v | | |Indian Bank (No2) (2002) | | |When no specified period of time is expressed, an offer would lapse after a reasonable amount of time, (depending on the facts of the | | |case). Ramsgate Victoria Hotel Co v Montefiore (1866) – the court held that Montefiore could refuse to take up the shares because his | | |offer had lapsed after a reasonable time. | |Failure of |Offer automatically terminated if condition not met | |Condition |An offer may terminate on the occurrence of a specified event if the offer is subjected to the condition that it will do. e. g. erminate| | |if goods are damaged before acceptance, subject to the approval of my lawyer Financings Ltd v Stimson (1962) | |Death |Dickinson v Dodds( if the man who makes an offer dies, the offer cannot be accepted after he is dead. Reynolds v Atherton (1921)( | | |Offeree dies before acceptance, this offer cease to be capable of acceptance. Bradbury v Morgan (1862)( the court held that the death of| | |an offeror did not terminate the offer unless the offeree had notice of the offeror’s death. | 2. Acceptance (C3, pg 67) |Indication by the offeree of his consent to the offer and his intention to form a contract based on the exact terms of the offer | |- Whatever its form, a communication constitutes acceptance only if it is an unconditional expression of assent to the terms of offer.Compaq Computer Asia| |Pte Ltd v Computer Interface(s) Pte Ltd (2004) | |- Conditional Acceptance is treated as no acceptance. Struttgart Auto Pte Ltd v Ng Shwu Yong (2005); | |- Accepts seller’s offer subject to a written contract drafted – Thmoas Plaza (Pte) Ltd v Liquidators of Yaohan Departmental Store Singapore Pte Ltd (in | |liquidation) (2001); | |- Agreenment shall not be final and binding agreement – Cendekia Candranegara Tjiang v Yin Kum Choy & Others (2002) | |Brogden v Metropolitan Railway Co. 1877) The Court held that the facts and actual conduct of the parties, established the existence of a contract, and | |there having a clear breach of it, Brogden must be held liable upon it. | |Law: Acceptance of unilateral contract is when all the terms o f the contract are fully performed Carlill v Carbolic Smoke Ball Co. (1892) | |Counter |Offeree introduces a new term or varies the terms of an offer (original offeror is free to accept or reject the â€Å"counter offer†) Hyde v Wrench | |Offer |(1840) – The court held that there was no contract because Hyde’s reply was a counter offer which extinguished the earlier offer.When the | | |response is an inquiry or a request of information, it should not be construed as an offer | |Knowledge|Law: Offeree cannot accept in ignorance of the law | |of Offer |offeree must be aware of the offer – Fitch v Snedaker (1868) and R v Clarke (1927) – As long as offeree has knowledge of offer, motive is | | |irrelevant. Once the offeree is aware of the offer, it does not matter that he was prompted to act for reasons other than the desire to accept | | |the offer.William v Carwardine (1833) – the court held that the plaintiff was entitled to a reward, she ha d done so with knowledge of the reward| | |even though her motive for giving the information was her own remorse. | | |Cross-offer: Do not constitute to agreement/contract; lack of consensus / meeting of minds between parties at the time of making offer. – Tinn v | | |Hoffman & Co (1873) | |Communica|General Rule: Acceptance must be communicated (Acceptance must actually be received by the offeror) | |tion of |Acceptance effective when communicated/received by offeror. | |Acceptanc|If in writing, it must be physically received by the offeror, and if orally, heard by the offeror. Acceptance must be unconditional and absolute. |e |obiter dictum in Entores Ltd v Miles Far East Corporation (1955) and CS Bored Pile System Pte Ltd v Evan Lam &Co Pte Ltd (2006) | | |Powell v Lee (1908) Held that there was no authorized communication of intention to contract on part of the body hence no contract. | |Silence |Silence is only a form of acceptance if both parties agree to it. Silence o f the offeree would not constitute a valid acceptance | | |Felthouse v Bindley (1862)–held that there was no contract between the two parties. The plaintiff had no right to impose a condition that a sale | | |contract would come into existence if the defendant remained silent. | |Exemption case: Both parties agree that the offeree would have a positive obligation to communication only if he wished to reject the offer. | | |Albeit rare in practice, silence is properly be construed as acceptance – Southern Ocean Shipbuilding Co Pte Ltd v Deutsche Bank AG (1993) and | | |Midlink Development Pte Ltd v The Stansfield Group Pte Ltd (2004) – defendant’s conduct of paying the reduced rent showed that a contact exists. | |Instantan|Time of acceptance is the time at which the acceptance is communicated to the offeror | |eous |Ithe acceptance will take effect when and where it is received, acceptance must be absolute and unconditional Entores v Miles Far East Corp | Communica|(1955) | |tions |- if got designated info system; receipt when e-record entered the designated info system. Emails, Fax, Telex | | |- if got designated info system but sent elsewhere then is receipt upon retrieval. | | |- if no designated info system; receipt upon entering any info system of addressee. | |Exception|The Postal Rule (ONLY FOR LETTERS OF ACCEPTANCE! ) | |s |- Quenerduaine v Cole (1883) – telegram means speedy reply; not attracted by postal rule.Offeror will claim that it is only valid acceptance | | |when physically received. | | |- Agreement cannot be withdrawn once the post is sent out. Henthorn v Fraser (1892) | | |- Acceptance deemed effective as soon as the letter is posted regardless as to when it reaches the offeror or whether it reaches him at all. | | |Adams v Lindsell (1818) | | |- the court held that the acceptance was communicated and the contract was formed as soon as the plaintiff posted the acceptance letter. Lee | | |Seng Heng v Guard ian Assurance CO Ltd (1932) | | |Waiver of Communication: facts show that the offeror has waived the need for communiation of acceptance; when offer made to whole world | | |(unilateral contract; anyone can accept) – Calill v Carbolic Smoke Ball. | | |( the doing of the act by the offeree may itself be constructed as acceptance, without requiring formal communication to the offeror. | | |Termination of acceptance: Once posted, an acceptance cannot be revoked. – Wenkheim v Arndt (1873) | 3. Consideration (C4, Pg 85) Two Main Rules on Consideration Must move from promisee but need not move to promisor.Tweedle v Atkinson (1861) Need not be adequate but must be sufficient. Chappell & Co Ltd v Nestle Co Ltd (1960) |Is what each party gives to the other as the agreed price for the other’s promise | |Detriment to one OR Benefit to another | |But it need not move to the promisor Malayan Banking Bhd v Lauw Wisanggeni – A third party who is a stranger to the contra ct may benefit from the contract | |although he may not enforce it. | |Need not be adequate but must be sufficient – Law will not interfere with parties contract so long as consideration is of â€Å"some value† in the eyes of the | |law. |In order for a promise to be enforceable in court, consideration must first be given (exchange of promises would be sufficient consideration)– Dunlop v | |Selfridge (1915) | |Past Consideration is |Refers to an act performed prior to and to that extent independent of, the promises being exchanged (act performed without the | |not valid |reciprocal promise in mind). | | |Past consideration is no consideration The court held that the promise was made after the transaction had already been concluded | | |and therefore past consideration.Roscorla v Thomas (1842) and Teo Song Kwang (alias Richard) v Gnau Lye Chan and Another (2006) | | |To become executed consideration: – Pao On v Lau Yiu Long (1980) and Sim Tony v Ah Ghee (t /a Phil Real Estate &Building Services) | | |(1995) | | |Act done at promisor’s request If the promisor has previously asked the other party to provide goods or services, then a promise | | |made after they are provided will be treated as binding. | | |Contract must otherwise be enforceable Done in biz context and it is clearly understood by both sides that it will be paid for then| | |valid.Re Caseys’s Patent v Casey (1892) held the request to Casey to manage the patent carried an implied promise to pay for that | | |service, hence it was enforceable. | |Consideration must move|The only person who can sue for breach of contract must be the party who has given consideration (promise) – Tweedle v Atkinson | |from the promisee |(1861) – the court held that Tweedle could not enforce the contract between the two fathers because firstly he is not a party of | | |the contract, and secondly, no consideration flowed from him. | | |Consideration need not move to the promisor; 3rd party can may benefit although may not enforce it. Malayan Banking Bhd v Lauw | | |Wisanggeni | |Sufficient, |- Law will not inquire to the fairness of consideration, as long as the parties agree to it willingly – Lam Hong Leong Aluminium | |Need not be Adequate; |Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) | |Adequacy of |- Law does not measure value (once the subject of exchange is recognized in law as suitable consideration, quantity is irrelevant) | |Consideration |- Swiss Singapore Overseas Enterprise Pte Ltd v Navalmar UK Ltd (No2) (2003) and Chappell & Co Ltd v Nestle Co Ltd (1960) –the | | |consideration included the wrappers even though they were of no value to Nestle. | | |Thomas v Thomas (1842) – The court held that the nominal rent was sufficient consideration but the husband’s wishes were | | |irrelevant; motive is not the same thing as consideration. |Sufficiency of |A promise not to enforce a Claim is Good Consideration Promise not to sue or enforce a valid claim or settlement of legal action = | |Consideration |sufficient consideration Lam Hong Leong Aluminium Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) and Alliance Bank| | |Ltd v Broom (1864) Normally, banks would not promise to enforce debt but is not done here. For not suing, considerations shown ( | | |binding agreement to provide security. | |Sufficient |Forbearance to sue |A promise to forbear from suing or enforcing a valid claim can constitute sufficient or valuable | | | |consideration. Alliance Bank Ltd v Broom (1864).K-Rex Finance Ltd v Cheng Chih Cheng (1993) – The court | | | |spoke the words of Cockburn CJ in Callisher v Bischoffsheim (1870). | | | |The same applies to a compromise of a legal action. The req. is that the legal action must be reasonable and| | | |not frivolous, that the claimant has an honest belief that in the chance of success of the claim and that | | | |the claimant h as not concealed from the other party any fact which, to the claimant’s knowledge, might | | | |affect its validity.Miles v New Zealand Alford Estate Co (1886) | | |Performance of |The Eurymedon (1975) – The Privy Council held that even though the defendant was already contractually bound| | |existing contractual |to a third party to do so, the defendant’s act of unloading the ship formed good consideration for the | | |duty to third party |contract with the plaintiff. This was also clarified in Pao On v Lau Yiu Long (1980) by the HOL. This was | | | |also accepted in the Singapore High Court in SSAB Oxelosund AB v Xendral Trading Pte Ltd (1992). | |Moral obligation & |Eastwood v Kenyon (1840) – The court rejected the plaintiff’s view and held that moral obligation is | | |motives |insufficient consideration for a fresh promise. | |Insufficient |Vague or insubstantial|White v Bluett (1853) – The court held that Bluett’s promise was no thing more than a promise â€Å"not to bore | | |consideration |his father†. As such it was too vague(fake) and was insufficient consideration for the alleged discharge by | | | |his father. | | |Performance of |Collins v Godefroy (1831) –Performance of an existing public duty is not valid consideration. | |existing public duty |Glassbrook Bros Ltd v Glamorgan City Council (1925)- If the court finds the promisee did something more that| | | |required by an existing public duty, then it may be sufficient. | | |Performance of |Stilk v Myrick (1809) – It was held that there was no consideration for the captain’s promise because the | | |existing contractual |remaining crew did what they were contractually required. Two sailors deserting were within the usual | | |duty |emergencies found in such a voyage. | | |However, if it is more than what is contractually required, that may constitute good consideration – Hartley| | | |v Ponsonby (1857) and William s v Roffey Bros (1991) – The English Court of Appeal held that as long as the | | | |extra payment was not given under duress or fraud, the oral promise was enforceable because the defendant | | | |obtained â€Å"practical benefits† from the plaintiff’s work. The benefit was that they would not be liable under| | | |the main contract for late completion. | | |Rule in Pinnel’s Case |Pinnel’s case is authority for the proposition that payment of a lesser sum without anything extra is not a | | | |good consideration. | | |- It would be good consideration provided with a gift (can be anything, even time) is given as the gift | | | |might be more beneficial than the money. -But if the person asks me pay lesser, then cannot sue. – If I | | | |accepted a smaller amount, after that I decided to sue again, CAN! Provided no gift! | | | |Pinnel’s Case (1602) – The part payment of a debt does not discharge the entire debt unless the part p ayment| | | |was made at the request of the creditor and the payment was made earlier, at a different place, or in | | | |conjunction with some other valuable consideration.Foakes v Beer (1884) affirmed Pinnel’s Case – the HOL | | | |held that Beer’s promise not to take further action was not supported by consideration. She could claim the | | | |money. ( in Euro-Asia Realty Pte Ltd v Mayfair Investment Pte Ltd (2001), District Court in Singapore | | | |endorsed the rule in Foakes v Beer and held favor in creditor. | | |Promissory Estoppel is an equitable doctrine whose origin may be traced to Lord Cairns in Hughes v Metropolitan Railway Co (1877). | | |When p. e. is established, the court may enforce a promise despite the fact that there was no consideration. Central London | | |Property Trust v High Trees House Ltd (1947) | | |Elements (Central London Property Trust v High Trees House Ltd (1947) and D&C Builders v Rees (1966)) | | |1)Parties must have existin g legal relationship 2)Clear and unequivocal promise which affects the legal relationship 3)Promisee | | |relied upon promise and altered his position 4)Inequitable for the promisor to go back on his promise. | |Promissory Estoppel |Cause of action | |(For no consideration) |When the promisor gives reasonable notice of his intention to revert to the original legal relationship, the original relationship | | |is restored. The effect of p. e. is to suspend promisor’s rights temporarily.Tool Metal Manufacturing Co Ltd v Tungsten Electric Co| | |Ltd (1995) However, the promise could become ‘final and irrevocable if the promisee cannot resume his position. † Ajayi v R T | | |Briscoe (Nigeria) Ltd (1964) | | |A defensive tool | | |This means that it can only be raised as a shield and not a sword, i. e. a defense against a claim and not to commence a suit.Combe| | |v Combe (1951) (people sue you then can use ) Assoland Construction Pte Ltd v Malayan Credit Properties Pt e Ltd (1993) and Lai Yew | | |Tay Pte Ltd v Pilecon Engineering BHd (2002) | | | | 4. Intention to Create Legal Relations (Pg 17) |The test is whether a reasonable person viewing all the circumstances of the case would consider that the promisor intended his promise to have legal | |consequences. objective test† (objectively ascertained) | |Social and |General presumption = no legal intention | |Domestic |Balfour v Balfour (1919) and Jones v Padavatton (1969) – An agreement is not legally binding unless the parties intend that each will | |Agreements |accept the lefal consequences for its breach. Choo Tiong Hin v Choo Hock Swee (1959) – the plaintiff’s promises were not enforceable | | |because the lack of intention to create legal relations. De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products Co Ltd and Others | | |(2003) -Friend doing a favor even though secret profit or commission is earned. | |However in Merritt v Merritt (1970) and Wakeling v Ripley– The English Court of Appeal found the necessary intention and held that the | | |wife succeeded in her claim for breach of contract. | |Commercial |General presumption = Legal intention | |Agreements |- There is necessary intention to create legal relations. Edwards v Skyway Ltd (1964) – The court held that Skyways was legally bound. | | |Binding but unenforceable | | |Honour Clauses – When parties have expressly stated that their agreement is not to be legally binding. Rose &Frank Co v J R Crompton | | |&Bros Ltd (1925) | | |Exceptions (not legally binding): | | |Letter of Comfort (pg 17) ( may be binding depending on its terms | | |usually a document supplied by a 3rd party to a creditor indicating a concern to ensure that a debtor meets his obligations to the | | |creditor. | | |Kleinwort Benson Ltd v Malaysian Mining Corporation Berhad (1989) Court only found a moral not legal obligation. refer to pg 17) | | |Letter of Intent (LOI) (pg 17) | | |A de vice by which one indicates to another of his intention to enter into a contract with him | | |E. g. a main contractor is prearing a tender and he plans to subcontract some of the work. | Privity of Contract (Pg 105) |The general rule is that no one, other than a person who is a party to the contract may be entitled to enforce or be bound by the terms of the contract. – | |Price v Easton (1833) – court held that Price could not succeed, as he was not a party to the contract between the debtor and the Easton.Management | |Corporation Strata Title Plan No 2297 v Seasons Park Ltd (2005) | |Exceptions (Thai Kenaf Co Ltd v Keck Seng (S) Pte Ltd (1993) | |Agency relationship | |Assignment of choses in action – consent of 3 parties | |Letter of Credit | |Agreement |Intention to create legal relations |Consideration | |Is it an offer? Define offer |Is there any intention? |Is it revocation? Via broadcast? | |Was the offer effectively revoked? |Is the agreement legally bind (To place under legal|Is Consideration need to be sufficient but not | |Is it valid acceptance?Communicated |obligation by contract)? |adequate? | |Third party’s conversation? |Is the agreement reached in a business context? |Promissory Estoppel? Talk about the elements, sword| |Postal rude? |(eg. Family, friends) |or shield? | |Is there any provision of information? |Is it (social and domestic) or commercial |Is the consideration moved from promisee? | |Any counter offer? |agreement? | | |Is the offeree aware of offer with motive? | | | |Is the offer lapse? | | | | | | | | | | | | | | | | | | | | | | | | | | Notes of Commercial Law Contracts (C3, pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. | |Wellmix Organics (International) Pte Ltd v Lau Yu Man (2006) , | | |T2 Networks Pte Ltd v Nasioncom Sdn Bhd (2008) | |Types of Contracts | Oral contracts | | |Written contract provides evidence of the parties’ contractual obligations. | |Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd (2006) | | |Parol evidence rule = oral evidence not admissible to add to, vary, amend or contradict written contract s 93-94 Evidence Act (refer | | |to Terms) | | |Engelin Teh Practice LLC v Wee Soon Kim Anthony (2004) | . Offer (C3, pg 63) |As the expression to another of a willingness to be bound by stated terms. | |Invitation to treat (pg 64) | |An invitation to others to enter into a negotiation which may eventually lead to the making of an offer. | |An ad is view as invitations to treat. | |Auction without reservations (refer to Barry v Davis (2000) pg 5) |(Offer = Bids made by audience, Acceptance = Auctioneer indicates bids accepted) | |Display of Goods | |Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1952) the court held that the display of goods with prices constitutes an | |invitation to treat. The offer is only made when a customer selects the item he wants and brings it to the cashier to pay for it. |Reaffirmed by Singapore High Court in Chwee Kin Keong & Others v Digilandmall com Pte Ltd (2004) | |Advertisements An ad is view as invitations to treat. | |Partridge v Crittenden (1968) | |Provision of Information | |Harvey v Facey (1893) – The court held that there was no contract because provision of information was not an offer .Stevenson, Jacques & Co v McLean | |(1880) – Seeking for more information is neither a rejection nor acceptance, it was merely an enquiry. | |*compare between offer and invitation to treat, must prove why choose one over the other | |Specific Offeree |An offer is an expression made by one party to another party. For an offer to be effective, the offer must be communicated to the | | |offeree. | Unilateral Contracts |A contract brought into existence by the act of one party in response to a conditional promise by another. Harvela Investments Ltd v | |(involving only one |Royal Trust Co of Canada (Cl) Ltd & Ors (1984)No exchange of promise, only 1 promise (made by offeror). | |side) |Offeree makes no promise, only performs conditions attached to offeror’s promise. Carlill v Carbolic Smoke Ball Co. (1892) – Where | |(pg 63) |advertisement contains a promise in return for an act, an offer is intended. (No general rule that an ad cannot be an offer. | |Bi-lateral Co ntracts |An agreement where one party makes a promise to the other party. | |(involving on 2 side |There are duties, rights and considerations on both parties. In other words, performance of the conditions is an acceptance of the | |or both) |offer and this acceptance should be notified. | Termination of Offer (Pg 75) (5 ways) |Withdrawal |Law: Offer can be withdrawn or revoked by the offeror at any time before it is accepted. (When an offer is withdrawn, the offer is said | | |to be revoked). Overseas Union Insurance Ltd v Turegum Insurance Co (2001) | | |Law: Withdrawal must be communicated to offeree (Revocation is only effective when the offeree receives notice of the revocation) Byrne | | |v Van Tienhoven (1880) – It was held that the revocation was not effective until it was received by the plaintiff. Since the offer was | | |accepted prior to the revocation, there was a valid contract. | |Law: Revocation of offer can be communicated by a third party (as long as offeree obtains knowledge of the revocation) (must be a | | |reliable and trustworthy source) Dickinson v Dodds (1876) Law: Fresh Offer (Revocation can also occer if the offer is replaced by a | | |fresh offer) Ban Paribas v Citibank NA (1989) | | |Law: Offer is opened for a fixed period Routledge v Grant (1828) –Rationale is that an offeree cannot enforce an offeror’s promise to | | |keep his offer open unless there is separate contract supported by consideration to do so, such contracts are called options – Tay Joo | | |Sing v Ku Yu Sang – essentially a promise, supported by consideration, to keep an offer open for a specific period of time within which | | |to decide whether or not to enter into the purchase of agreement. | | |Law: Unilateral Contracts Abbot v Lance (1860), it was held that the offeror cannot withdraw his offer once the offeree has started to | | |act. – Dickson Trading(s) Pte Ltd v Transmarco Ltd (1989), obiter dictum, the offeror in a unilateral contract has an obligation not to | | |revoke the offer after the offeree has involved in the performance of the conditions. |Lapse of time |Acceptance after specific period which offeror states that his offer is open = Ineffective | | |If the offer is opened for a specified period, a purported acceptance after that period would not be effective since the offer had | | |lapsed. the court may imply that the offeror has specified the period of offer even if he has not done so expressly. Wee Ah Lian v Teo | | |Siak Weng (1992) | | |- however, if it is clear from the offeror’s conduct and other evidence that the terms of the supposedly lapsed offer continue to govern| | |their relationship after the specified period, then it is still valid and acceptable after the deadline. Panwell Pte Ltd & Anor v | | |Indian Bank (No2) (2002) | | |When no specified period of time is expressed, an offer would lapse after a reasonable amount of time, (depending on the facts of the | | |case). Ramsgate Victoria Hotel Co v Montefiore (1866) – the court held that Montefiore could refuse to take up the shares because his | | |offer had lapsed after a reasonable time. | |Failure of |Offer automatically terminated if condition not met | |Condition |An offer may terminate on the occurrence of a specified event if the offer is subjected to the condition that it will do. e. g. erminate| | |if goods are damaged before acceptance, subject to the approval of my lawyer Financings Ltd v Stimson (1962) | |Death |Dickinson v Dodds( if the man who makes an offer dies, the offer cannot be accepted after he is dead. Reynolds v Atherton (1921)( | | |Offeree dies before acceptance, this offer cease to be capable of acceptance. Bradbury v Morgan (1862)( the court held that the death of| | |an offeror did not terminate the offer unless the offeree had notice of the offeror’s death. | 2. Acceptance (C3, pg 67) |Indication by the offeree of his consent to the offer and his intention to form a contract based on the exact terms of the offer | |- Whatever its form, a communication constitutes acceptance only if it is an unconditional expression of assent to the terms of offer.Compaq Computer Asia| |Pte Ltd v Computer Interface(s) Pte Ltd (2004) | |- Conditional Acceptance is treated as no acceptance. Struttgart Auto Pte Ltd v Ng Shwu Yong (2005); | |- Accepts seller’s offer subject to a written contract drafted – Thmoas Plaza (Pte) Ltd v Liquidators of Yaohan Departmental Store Singapore Pte Ltd (in | |liquidation) (2001); | |- Agreenment shall not be final and binding agreement – Cendekia Candranegara Tjiang v Yin Kum Choy & Others (2002) | |Brogden v Metropolitan Railway Co. 1877) The Court held that the facts and actual conduct of the parties, established the existence of a contract, and | |there having a clear breach of it, Brogden must be held liable upon it. | |Law: Acceptance of unilateral contract is when all the terms o f the contract are fully performed Carlill v Carbolic Smoke Ball Co. (1892) | |Counter |Offeree introduces a new term or varies the terms of an offer (original offeror is free to accept or reject the â€Å"counter offer†) Hyde v Wrench | |Offer |(1840) – The court held that there was no contract because Hyde’s reply was a counter offer which extinguished the earlier offer.When the | | |response is an inquiry or a request of information, it should not be construed as an offer | |Knowledge|Law: Offeree cannot accept in ignorance of the law | |of Offer |offeree must be aware of the offer – Fitch v Snedaker (1868) and R v Clarke (1927) – As long as offeree has knowledge of offer, motive is | | |irrelevant. Once the offeree is aware of the offer, it does not matter that he was prompted to act for reasons other than the desire to accept | | |the offer.William v Carwardine (1833) – the court held that the plaintiff was entitled to a reward, she ha d done so with knowledge of the reward| | |even though her motive for giving the information was her own remorse. | | |Cross-offer: Do not constitute to agreement/contract; lack of consensus / meeting of minds between parties at the time of making offer. – Tinn v | | |Hoffman & Co (1873) | |Communica|General Rule: Acceptance must be communicated (Acceptance must actually be received by the offeror) | |tion of |Acceptance effective when communicated/received by offeror. | |Acceptanc|If in writing, it must be physically received by the offeror, and if orally, heard by the offeror. Acceptance must be unconditional and absolute. |e |obiter dictum in Entores Ltd v Miles Far East Corporation (1955) and CS Bored Pile System Pte Ltd v Evan Lam &Co Pte Ltd (2006) | | |Powell v Lee (1908) Held that there was no authorized communication of intention to contract on part of the body hence no contract. | |Silence |Silence is only a form of acceptance if both parties agree to it. Silence o f the offeree would not constitute a valid acceptance | | |Felthouse v Bindley (1862)–held that there was no contract between the two parties. The plaintiff had no right to impose a condition that a sale | | |contract would come into existence if the defendant remained silent. | |Exemption case: Both parties agree that the offeree would have a positive obligation to communication only if he wished to reject the offer. | | |Albeit rare in practice, silence is properly be construed as acceptance – Southern Ocean Shipbuilding Co Pte Ltd v Deutsche Bank AG (1993) and | | |Midlink Development Pte Ltd v The Stansfield Group Pte Ltd (2004) – defendant’s conduct of paying the reduced rent showed that a contact exists. | |Instantan|Time of acceptance is the time at which the acceptance is communicated to the offeror | |eous |Ithe acceptance will take effect when and where it is received, acceptance must be absolute and unconditional Entores v Miles Far East Corp | Communica|(1955) | |tions |- if got designated info system; receipt when e-record entered the designated info system. Emails, Fax, Telex | | |- if got designated info system but sent elsewhere then is receipt upon retrieval. | | |- if no designated info system; receipt upon entering any info system of addressee. | |Exception|The Postal Rule (ONLY FOR LETTERS OF ACCEPTANCE! ) | |s |- Quenerduaine v Cole (1883) – telegram means speedy reply; not attracted by postal rule.Offeror will claim that it is only valid acceptance | | |when physically received. | | |- Agreement cannot be withdrawn once the post is sent out. Henthorn v Fraser (1892) | | |- Acceptance deemed effective as soon as the letter is posted regardless as to when it reaches the offeror or whether it reaches him at all. | | |Adams v Lindsell (1818) | | |- the court held that the acceptance was communicated and the contract was formed as soon as the plaintiff posted the acceptance letter. Lee | | |Seng Heng v Guard ian Assurance CO Ltd (1932) | | |Waiver of Communication: facts show that the offeror has waived the need for communiation of acceptance; when offer made to whole world | | |(unilateral contract; anyone can accept) – Calill v Carbolic Smoke Ball. | | |( the doing of the act by the offeree may itself be constructed as acceptance, without requiring formal communication to the offeror. | | |Termination of acceptance: Once posted, an acceptance cannot be revoked. – Wenkheim v Arndt (1873) | 3. Consideration (C4, Pg 85) Two Main Rules on Consideration Must move from promisee but need not move to promisor.Tweedle v Atkinson (1861) Need not be adequate but must be sufficient. Chappell & Co Ltd v Nestle Co Ltd (1960) |Is what each party gives to the other as the agreed price for the other’s promise | |Detriment to one OR Benefit to another | |But it need not move to the promisor Malayan Banking Bhd v Lauw Wisanggeni – A third party who is a stranger to the contra ct may benefit from the contract | |although he may not enforce it. | |Need not be adequate but must be sufficient – Law will not interfere with parties contract so long as consideration is of â€Å"some value† in the eyes of the | |law. |In order for a promise to be enforceable in court, consideration must first be given (exchange of promises would be sufficient consideration)– Dunlop v | |Selfridge (1915) | |Past Consideration is |Refers to an act performed prior to and to that extent independent of, the promises being exchanged (act performed without the | |not valid |reciprocal promise in mind). | | |Past consideration is no consideration The court held that the promise was made after the transaction had already been concluded | | |and therefore past consideration.Roscorla v Thomas (1842) and Teo Song Kwang (alias Richard) v Gnau Lye Chan and Another (2006) | | |To become executed consideration: – Pao On v Lau Yiu Long (1980) and Sim Tony v Ah Ghee (t /a Phil Real Estate &Building Services) | | |(1995) | | |Act done at promisor’s request If the promisor has previously asked the other party to provide goods or services, then a promise | | |made after they are provided will be treated as binding. | | |Contract must otherwise be enforceable Done in biz context and it is clearly understood by both sides that it will be paid for then| | |valid.Re Caseys’s Patent v Casey (1892) held the request to Casey to manage the patent carried an implied promise to pay for that | | |service, hence it was enforceable. | |Consideration must move|The only person who can sue for breach of contract must be the party who has given consideration (promise) – Tweedle v Atkinson | |from the promisee |(1861) – the court held that Tweedle could not enforce the contract between the two fathers because firstly he is not a party of | | |the contract, and secondly, no consideration flowed from him. | | |Consideration need not move to the promisor; 3rd party can may benefit although may not enforce it. Malayan Banking Bhd v Lauw | | |Wisanggeni | |Sufficient, |- Law will not inquire to the fairness of consideration, as long as the parties agree to it willingly – Lam Hong Leong Aluminium | |Need not be Adequate; |Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) | |Adequacy of |- Law does not measure value (once the subject of exchange is recognized in law as suitable consideration, quantity is irrelevant) | |Consideration |- Swiss Singapore Overseas Enterprise Pte Ltd v Navalmar UK Ltd (No2) (2003) and Chappell & Co Ltd v Nestle Co Ltd (1960) –the | | |consideration included the wrappers even though they were of no value to Nestle. | | |Thomas v Thomas (1842) – The court held that the nominal rent was sufficient consideration but the husband’s wishes were | | |irrelevant; motive is not the same thing as consideration. |Sufficiency of |A promise not to enforce a Claim is Good Consideration Promise not to sue or enforce a valid claim or settlement of legal action = | |Consideration |sufficient consideration Lam Hong Leong Aluminium Pte Ltd v Lian Teck Huat Consruction Pte Ltd and Another (2003) and Alliance Bank| | |Ltd v Broom (1864) Normally, banks would not promise to enforce debt but is not done here. For not suing, considerations shown ( | | |binding agreement to provide security. | |Sufficient |Forbearance to sue |A promise to forbear from suing or enforcing a valid claim can constitute sufficient or valuable | | | |consideration. Alliance Bank Ltd v Broom (1864).K-Rex Finance Ltd v Cheng Chih Cheng (1993) – The court | | | |spoke the words of Cockburn CJ in Callisher v Bischoffsheim (1870). | | | |The same applies to a compromise of a legal action. The req. is that the legal action must be reasonable and| | | |not frivolous, that the claimant has an honest belief that in the chance of success of the claim and that | | | |the claimant h as not concealed from the other party any fact which, to the claimant’s knowledge, might | | | |affect its validity.Miles v New Zealand Alford Estate Co (1886) | | |Performance of |The Eurymedon (1975) – The Privy Council held that even though the defendant was already contractually bound| | |existing contractual |to a third party to do so, the defendant’s act of unloading the ship formed good consideration for the | | |duty to third party |contract with the plaintiff. This was also clarified in Pao On v Lau Yiu Long (1980) by the HOL. This was | | | |also accepted in the Singapore High Court in SSAB Oxelosund AB v Xendral Trading Pte Ltd (1992). | |Moral obligation & |Eastwood v Kenyon (1840) – The court rejected the plaintiff’s view and held that moral obligation is | | |motives |insufficient consideration for a fresh promise. | |Insufficient |Vague or insubstantial|White v Bluett (1853) – The court held that Bluett’s promise was no thing more than a promise â€Å"not to bore | | |consideration |his father†. As such it was too vague(fake) and was insufficient consideration for the alleged discharge by | | | |his father. | | |Performance of |Collins v Godefroy (1831) –Performance of an existing public duty is not valid consideration. | |existing public duty |Glassbrook Bros Ltd v Glamorgan City Council (1925)- If the court finds the promisee did something more that| | | |required by an existing public duty, then it may be sufficient. | | |Performance of |Stilk v Myrick (1809) – It was held that there was no consideration for the captain’s promise because the | | |existing contractual |remaining crew did what they were contractually required. Two sailors deserting were within the usual | | |duty |emergencies found in such a voyage. | | |However, if it is more than what is contractually required, that may constitute good consideration – Hartley| | | |v Ponsonby (1857) and William s v Roffey Bros (1991) – The English Court of Appeal held that as long as the | | | |extra payment was not given under duress or fraud, the oral promise was enforceable because the defendant | | | |obtained â€Å"practical benefits† from the plaintiff’s work. The benefit was that they would not be liable under| | | |the main contract for late completion. | | |Rule in Pinnel’s Case |Pinnel’s case is authority for the proposition that payment of a lesser sum without anything extra is not a | | | |good consideration. | | |- It would be good consideration provided with a gift (can be anything, even time) is given as the gift | | | |might be more beneficial than the money. -But if the person asks me pay lesser, then cannot sue. – If I | | | |accepted a smaller amount, after that I decided to sue again, CAN! Provided no gift! | | | |Pinnel’s Case (1602) – The part payment of a debt does not discharge the entire debt unless the part p ayment| | | |was made at the request of the creditor and the payment was made earlier, at a different place, or in | | | |conjunction with some other valuable consideration.Foakes v Beer (1884) affirmed Pinnel’s Case – the HOL | | | |held that Beer’s promise not to take further action was not supported by consideration. She could claim the | | | |money. ( in Euro-Asia Realty Pte Ltd v Mayfair Investment Pte Ltd (2001), District Court in Singapore | | | |endorsed the rule in Foakes v Beer and held favor in creditor. | | |Promissory Estoppel is an equitable doctrine whose origin may be traced to Lord Cairns in Hughes v Metropolitan Railway Co (1877). | | |When p. e. is established, the court may enforce a promise despite the fact that there was no consideration. Central London | | |Property Trust v High Trees House Ltd (1947) | | |Elements (Central London Property Trust v High Trees House Ltd (1947) and D&C Builders v Rees (1966)) | | |1)Parties must have existin g legal relationship 2)Clear and unequivocal promise which affects the legal relationship 3)Promisee | | |relied upon promise and altered his position 4)Inequitable for the promisor to go back on his promise. | |Promissory Estoppel |Cause of action | |(For no consideration) |When the promisor gives reasonable notice of his intention to revert to the original legal relationship, the original relationship | | |is restored. The effect of p. e. is to suspend promisor’s rights temporarily.Tool Metal Manufacturing Co Ltd v Tungsten Electric Co| | |Ltd (1995) However, the promise could become ‘final and irrevocable if the promisee cannot resume his position. † Ajayi v R T | | |Briscoe (Nigeria) Ltd (1964) | | |A defensive tool | | |This means that it can only be raised as a shield and not a sword, i. e. a defense against a claim and not to commence a suit.Combe| | |v Combe (1951) (people sue you then can use ) Assoland Construction Pte Ltd v Malayan Credit Properties Pt e Ltd (1993) and Lai Yew | | |Tay Pte Ltd v Pilecon Engineering BHd (2002) | | | | 4. Intention to Create Legal Relations (Pg 17) |The test is whether a reasonable person viewing all the circumstances of the case would consider that the promisor intended his promise to have legal | |consequences. objective test† (objectively ascertained) | |Social and |General presumption = no legal intention | |Domestic |Balfour v Balfour (1919) and Jones v Padavatton (1969) – An agreement is not legally binding unless the parties intend that each will | |Agreements |accept the lefal consequences for its breach. Choo Tiong Hin v Choo Hock Swee (1959) – the plaintiff’s promises were not enforceable | | |because the lack of intention to create legal relations. De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products Co Ltd and Others | | |(2003) -Friend doing a favor even though secret profit or commission is earned. | |However in Merritt v Merritt (1970) and Wakeling v Ripley– The English Court of Appeal found the necessary intention and held that the | | |wife succeeded in her claim for breach of contract. | |Commercial |General presumption = Legal intention | |Agreements |- There is necessary intention to create legal relations. Edwards v Skyway Ltd (1964) – The court held that Skyways was legally bound. | | |Binding but unenforceable | | |Honour Clauses – When parties have expressly stated that their agreement is not to be legally binding. Rose &Frank Co v J R Crompton | | |&Bros Ltd (1925) | | |Exceptions (not legally binding): | | |Letter of Comfort (pg 17) ( may be binding depending on its terms | | |usually a document supplied by a 3rd party to a creditor indicating a concern to ensure that a debtor meets his obligations to the | | |creditor. | | |Kleinwort Benson Ltd v Malaysian Mining Corporation Berhad (1989) Court only found a moral not legal obligation. refer to pg 17) | | |Letter of Intent (LOI) (pg 17) | | |A de vice by which one indicates to another of his intention to enter into a contract with him | | |E. g. a main contractor is prearing a tender and he plans to subcontract some of the work. | Privity of Contract (Pg 105) |The general rule is that no one, other than a person who is a party to the contract may be entitled to enforce or be bound by the terms of the contract. – | |Price v Easton (1833) – court held that Price could not succeed, as he was not a party to the contract between the debtor and the Easton.Management | |Corporation Strata Title Plan No 2297 v Seasons Park Ltd (2005) | |Exceptions (Thai Kenaf Co Ltd v Keck Seng (S) Pte Ltd (1993) | |Agency relationship | |Assignment of choses in action – consent of 3 parties | |Letter of Credit | |Agreement |Intention to create legal relations |Consideration | |Is it an offer? Define offer |Is there any intention? |Is it revocation? Via broadcast? | |Was the offer effectively revoked? |Is the agreement legally bind (To place under legal|Is Consideration need to be sufficient but not | |Is it valid acceptance?Communicated |obligation by contract)? |adequate? | |Third party’s conversation? |Is the agreement reached in a business context? |Promissory Estoppel? Talk about the elements, sword| |Postal rude? |(eg. Family, friends) |or shield? | |Is there any provision of information? |Is it (social and domestic) or commercial |Is the consideration moved from promisee? | |Any counter offer? |agreement? | | |Is the offeree aware of offer with motive? | | | |Is the offer lapse? | | | | | | | | | | | | | | | | | | | | | | | | | |