Book review on the jungle Essay Example | Topics and Well Written Essays - 1000 words

Book review on the jungle - Essay Example Moreover, one must have The Jungle in mind when listening to the conservative arguments for a better America. In their view, if businesses would be deregulated and if â€Å"superfluous† agencies, such as the Occupational Safety and Health Administration or the Environmental Protection Agency, or perhaps the Food and Drug Administration, could be defunded or eliminated, businesses would go gangbusters. They are also against unions. In other words, in the Conservative view, the United States should return to a time that is similar to the era surrounding The Jungle. However, as The Jungle shows, if there are no constraints on businesses and the only motive is profit, then workers and society in general, are the losers. There is no better argument for â€Å"excessive† regulations and labor unions than this book. Summary The novel The Jungle centers around the trials and tribulations of a Lithuanian immigrant named Jurgis Rudkus. Jurgis comes to America in the hope of having a better life and more opportunity than what he had in his home country. Instead, he finds an America where corruption runs rampant and there are few regulations on unscrupulous individuals and companies. Therefore there is little incentive to behave judiciously. For instance, Jurgis is taken advantage of by his boss in his meatpacking job and the conditions at the meatpacking factory are extremely poor. There was little inspection of what was going on in the slaughterhouses therefore there was a great chance that the meat would be contaminated by microbes. Moreover, the animals were treated extremely poorly. The book also describes a predatory lending scheme to which Jurgis and his bride, Ona, succumb, which drains their savings and leads to their eviction. Jurgis’ job alone is not enough to support the family, so Ona also has to take a job. However, Ona gets raped by her boss and, when Jurgis goes to defend her honor by attacking her boss, Phil Connor, Jurgis is imprisoned . There are other mishaps that befall Jurgis as well. Ona dies in childbirth, partially because of an incompetent midwife, Madame Haupt and Jurgis’ first child drowns in the muddy street. After this, Jurgis despairs and tries the life of an itinerant. However, he finds that he can only find temporary farm work, as he is turned out after the harvest. Eventually, Jurgis finds solace in socialism, as he gets involved in the socialist movement and a fellow socialist employs him. The book ends with Jurgis’ attendance at a socialist rally. Context Sinclair’s purpose for writing this book was to essentially wake up the American people to working conditions for the poor and expose corruption of those in power. It was an attempted contrast to the ideal of America, which is that America is the land of the free, home of the brave and stands up for liberty and justice, with the reality of America at that time. This reality was that America was a land of oppression and injus tice and the capitalists got rich on the backs of the workers. This was a time before the Food and Drug Administration, before there were regulations, before the Occupational Safety and Health Administration was formed. In this way, the novel is definitely a polemic, as it attacks the establishment directly, as well as the hierarchy of power in the country, by showing the microcosm of slaughterhouses in Chicago and the overall life of one immigrant. The novel is put into

Moral Decisions In Daily Life

Moral Decisions In Daily Life Moral decision making is something every human does on a daily basis, modifying their behavior to obey standards of society which are based upon a shared system of values. In its most simplistic form, moral decision making is done with ethical motives in mind, concerned with the distinction between right and wrong by each individual. Moral decision making models and theories provide specific guides and rules to help individuals unravel their moral deliberations. Two of the most well-known moral decision making models in philosophy are consequentialism and deontological theory, both of which have strengths and weaknesses. The two models do share some commonality but there are many issues at which they stand at opposition. All of this must be taken into consideration before choosing which moral decision making model best fits an individual. The consequentialist moral decision making theory states that an action is considered morally right provided that the consequences which result are more positive than negative. A good aphorism for describing the backbone of consequentialism is that the ends justify the means. Provided that a good outcome results from an act, that act is considered morally just. Consequentialism can be agent-neutral or agent-focused and the two approaches are worth discussing to better understand the moral decision making model. Agent-Neutral consequentialism ignores the specific affect an action has for any certain individual and instead focuses on the consequences benefitting all. Agent-Focused consequentialism, on the other hand, is when the results of the moral decision are concentrated on the needs of the decision maker. This means that the moral actor makes their decision so that consequences resulting better themselves and the welfare of those they care about and not just the general welfare of society. The deontological moral decision making theory is a different form of moral reasoning than consequentialism for a variety of reasons. As opposed to consequentialism, deontological moral theory states that the rightness of an action or decision is not solely dependent upon maximizing the good of society. Instead, deontological theory defines the morally rightness or wrongness of an action from the behavior of the action itself, not the behavior of the outcome. Deontological moral decision making provides distinct guidelines for morally right and wrong behavior for individuals to use when making day to day choices. This deontological moral guide places a higher value on the individual than on maximizing the good for society. In fact, deontology actually has constraints to stop an individual from maximizing the good if it hinders following the moral standards of the guideline. Deontology is more open to interpretation than consequentialism, however, because it remains flexible for self- interpretation. Consequentialism possesses strengths as a moral model that deontology does not. One of the strongest points in favor of consequentialism is actually another theory which resulted from it known as utilitarianism. Utilitarianism was founded by Jeremy Bentham, an English philosopher, who believed that the best moral action would result in the greatest good for the largest amount of people. Following it allows for relaxed tensions in society ensuring that the most people feel pleasure, rather than a large amount of individuals on edge or in pain. However, consequentialism possesses weaknesses in its moral decision making too. Consequentialism causes irresolvable morality dilemmas as it requires correlating principles which cannot be compared against one another on the same scale. A resulting weakness of utilitarianism is that it is so focused on the interest of all that it overlooks the rights of the individual which can lead to injustice. The most unavoidable weakness of consequentialis m is that is does not provide any direction to its followers for which actions are right or wrong, morally. The wrongness of the action can only be determined by its consequences and by that time its too late to change the decision. Deontological moral theory also possesses its own unique strengths and weaknesses. One of the advantages of deontological morality is that it allows the individual to take into account their families, friends, and personalized plans when making ethical decisions, as opposed to consequentialism which tends to be alienating in its decision making module. By putting more stress on the self-worth and personal capital of the individual deontology results in a less flawed moral theory. Immanuel Kant, a well-known deontological philosopher, and his Kantian ethics are a strength of deontology as well because he stated that its not the consequences of the actions that are right or wrong but rather the motives of the person doing the action. This forces the agent to take responsibility for all parts of their moral decision making, not only the results. However, the biggest weakness of deontology is that it categorizes actions as right or wrong, black or white, leaving no room for any gray area despite the obvious existence of many moral gray areas. Deontology is also hard to follow because its stringency leaves its followers feeling unguided by their morals which lack prioritizing, ultimately causing confusion. These are only two moral decision making models in philosophy and neither are necessarily the ideal. It is my belief that the ideal moral decision making process must combine the strengths of consequentialism and deontology while attempting to compensate for their errors. The best decision making process must involve an individuals own moral beliefs combined with the knowledge that can be gained from studying a large amount of moral theories and opinions. Morals are subjective, meaning that each person or group of people may possess their own set which differs from those of others. This is why the ideal process must be personalized to meet the needs of the individual following it. This compensates for deontologys inadequate claim of unchanging principles known as universal law. However, it should include the aspect of deontology that forces a person to be morally responsible for their own actions as this is its best idea. By forcing an individual to take into account how their decisi on will affect them and their own rather than society, leads, I believe, to better moral decisions being made. This combination decision making theory will also make use of the principle of utility, the best idea of Jeremy Bentham, which teaches individuals to do the greatest amount of good for the greatest amount of people. This combined with deontologys focus on the individuals rights dissipates the danger of consequentialism justifying genocide, torture or violence as necessary means to a morally right end. The ideal moral decision making process is difficult to pinpoint, as morals vary by individual and are subjective to different opinions from one person to the next. However, there are aspects of modern philosophical theories, consequentialism and deontology, which can be studied and used to help create an ideal guideline. Consequentialism is important because it focuses on the results of an action for the good of humanity, something which cannot be overlooked in an increasingly globalized world. Deontology forces the moral agent to take responsibility for their own actions instead of relying on someone else to care, just as important to maintaining moral societal standards. Together the two create checks and balances, which, when combined with an individuals beliefs, allow for moral decision making to occur with limited room for error.

Closing the Achievement Gap Essay -- Education, Minorities

Closing the Academic Achievement Gap Crisis in America The Achievement Gap in America has separated and divided America's youth into more or less, two different cultures of socioeconomic placement. The first being the predominantly Caucasian students at American elementary schools, high schools, and colleges that excel greatly in their education. Most of the time earning them middle to upper class jobs in the economy, the aforementioned group contrasts significantly with its opposite culture of American youth. The second culture, the population that is mostly made up of the minority races, takes it's place in the American education system as the population of students who are less interested in getting a decent education and taking advantage of the resources that are offered, for various underlying reasons. This in turn manufactures less people of this type of culture to be readily available for higher paying jobs, and often times unemployable for a job at all. The Achievement G ap in America is influenced by many cultural, environmental, and socioeconomic factors that separate lower and higher achieving students based on these factors, and leave a high amount of unemployed Americans as a result, if not incarcerated or deceased. The first issue that has been identified as a significant problem involved in the Achievement gap, is that it is partially the fault of America's educational system. Because of the suffering economy that has spurred the increasing lack of basic necessities in schools across America, there are an increasing number of children who are not being properly educated. Whether it is a deficiency in supplies, poor teacher selection, or administration and staff who are indifferent to the students at their sch... ...ell can work together to solidify the learning environment for the student in need and create a better learner as a result. In conclusion, the Academic Achievement has been fueled by society's presets, minority students' lack of effort, and the failures of the schooling system in America. There has been some challenging setbacks, but the Gap can be fixed to create a common ground for all prospective members of America's society to excel on equally. By realizing that change can be achieved, there are little to no limits for minority students to create a better mindset towards education. Students, parents, and teachers have to be willing to work together, as well as tackle obstacles upheld by society, and the economic deficiencies that effect schools across America. This will, in turn, take America one step closer to closing the Academic Achievement Gap in America.

A Boy’s Own Story -Book Review

Running head: Book Review Thomas Meyer SOCWK 330 Book Review Brief Summary A Boy’s Own Story is the story of the author’s, Edmund White, own self discover of his homosexuality in the 1940’s and 1950’s in America. A Boy’s Own Story is the first autobiographies in a three book series spanning the author’s late childhood throughout his adulthood. Edmund experiences a brief sexual relationship with Kevin, a slightly younger friend. Kevin and Edmund’s intimacy is presented as natural and untroubled, untouched by the internalized homophobia that will later plague young Edmund’s life. I was aware of the treacherous air vents above us, conducting the sounds we were making upstairs. Maybe dad was listening. Or maybe, just like Kevin, he was unaware of anything but the pleasure spurting up out of his body and into mine. † (White, 1982, pg. 17) Edmund’s father does not serve as a good role model. Edmund’s father was an adulterer, who later abandons Edmund’s mother for another woman. Edmund’s father abandons his responsibilities leaving the family without his financial support. Edmund acts on his desires and has sex with Mr. Beattie, an older school teacher of Edmund.After society pushes the ideals of homophobia on Edmund he decides to turn in Mr. Beattie, thus turning his back on someone who has shown him affection just like his father did to him and his family. A Boy’s Own Story ends with Edmund still unable to achieve a positive gay identity. His struggle to come to terms with his homosexuality is not over. Character’s Behavior Edmund’s evolution from adolescence evolved his understanding and acceptance of his homosexuality. He starts his first noted homosexual experiences with a younger male whose family was living with them.He does not seem conflicted with the guilt and internalized & externalized homophobia that latter plagues him. Book Review â€Å"I suffe red now. I felt isolated to the point of craziness, but with a faint recourse to melodrama, to a potential audience and attendant end to loneliness, for if I imagined complete despair I pictured it as an emptying of the theater, a feeling that the stalls and boxes would never be peopled again†¦Ã¢â‚¬  (White, 1982, pg. 136) Edmund desire to fit into his perceived norms of societies forges into him a conflict of character.He begins to seek out others for sex and affection. He hides his desires from everyone that knows him including a good friend of his because he fears rejection. In the end of the book Edmund is questioning the morality and position of religion and society on the issue of homosexuality. Theoretical Analysis One of the best known and accepted theories of homosexual identity development is by Cass. Cass developed a six stage identity development model. Edmund progresses through the stages in this first volume of his autobiography to the third stage.At the end of t he book Edmund seems to be still struggling with his homosexuality but has come to the realization that he is not the only one that has homosexual tendencies. (Cass, 1984) A psychoanalytic view of Edmund’s homosexuality would focus on his relationship with his father and mother. This approach may question if Edmund suffered from gender identity issues. Edmund calls himself a sissy and girly. Edmund compares himself to his sister who he sees as the athlete in the family that wins his father’s approval. Furthermore, Edmund states that when he was younger he had romantic feelings and desires for his father.Edmund tries to gain the affection of his father and later approval of his father. In conjunction to having an emotionally distant father he also had a mother who seemed more interested in being a socialite over being a mother. These issues can be looked at using classical Freudian techniques. Book Review I personally do not like the Freudian psychoanalytical perspectiv e because I feel the theories are not properly tested. I am also interested to see how Edmund’s childhood being raised in an affluent family may have had an impact on how he developed as an individual. I will need time and further study to get a better gripe of this issue.It was suggested in a Sociology class that there is a socioeconomic factor difference between the new rich and old money when it comes to the issue of homosexuality. According to the professor new rich like Edmund’s family where less tolerate because they do not feel as secure in their economic status and feel a need to seek approval from society whereas old money may just see homosexuality as a form of eccentricness and they do not need the approval of society. I am still seeking a theory to support her statement. Summary Edmund story is an interesting look into his mind. The book has the flow of a common thought processes.The story changes focus and direction at times to explore the story deeper. It is difficult not to be drawn into the story as I am sure was the intent of the author. I am interested in how Edmund further developed his personal identity and came to terms with his homosexuality. I will be continuing to read the next book of the series as I am sure it will be just as fascinating. I have grown in my understanding of the psychosis of guilt and homophobia. I feel a bit more at ease with myself and feel for others who have suffered from society’s concept of normal behavior. In many ways I saw myself in Edmund’s story.Book Review Reference: Cass, V. (1984, May). Homosexual Identity Formation: Testing a Theoretical Model. The Journal of Sex Research, 20, 143-167. Elizur, Y. , & Ziv, M. (2001, Summer). Family Support and Acceptance, Gay Male Identity Formation, and Psychological Adjustment: A Path Model. Family Process, 40, 125-144. Linda, G. , & Kimmel, D. (1993). Psychological Perspectives on Lesbian and Gay Male Experiences.. New York, NY: Columbia Uni versity Press. Troiden, R. (1979). Becoming Homosexual: A Model of Gay Identity. Psychiatry, 42, 362-373. White, E. (1982). A boy's own story. New York: Penguin Books.

Recruitment and Selection Practices in a Selected Organisation Essay

The purpose of this business report is to assess and evaluate the organisation’s recruitment and selection strategy and make constructive recommendations for the improvement of the organisation’s recruitment and selection process. Both interview questions and a questionnaire were used to research and gather information about the organisation’s strategy for recruitment and selection. In the first instance, the organisation was contacted and a meeting arranged with the HR manager. At this meeting, the HR manager provided me with background information regarding the organisation and completed the questionnaire that had been prepared. After the meeting, the information from the questionnaire was analysed and subsequently a set of interview questions was developed. One week later, upon return to the organisation, a structured interview was conducted with the HR manager, with the goal to collect more in-depth information about the organisation and its processes for recruitment and selection. Several issues were identified that the organisation needs to address in the recruitment and selection process. Recruitment preparation needs to have a clear method of communicating requests for vacant or new positions — such as a requisition form or memo. Employment agencies are a beneficial source to use for employing low skilled workers on a temporary basis, in order to keep the workflow uninterrupted, therefore, maintaining acceptable productivity, and lower staff turnover. Metropolitan daily newspapers are a good way of attracting suitable professional candidates for vacant positions. Advertising internally to fill positions and having a structured interview helps ensure that the right applicant is matched with the right job. Advertising internally also helps increase commitment amongst employees. Finally, by developing an orientation program and implementing it with new employees, the organisation can decrease staff turnover and increase commitment. Journal of Management Practice, 4(1), 166-177 Â © Penny Clark Recruitment & Selection Clarke 1 Purpose of the Report The purpose of the business report is to examine and assess the organisation’s strategy for recruitment and selection. An attempt to establish what level of understand ing the organisation has of the recruitment and selection process is carried out. In addition, the current strategy and processes used to implement recruitment and selection in the organisation is being assessed. Finally, recommendations will be made based on the information gathered, whilst taking into consideration the current economic climate and the availability of suitable resources. 1. 2 Sources of Information The information used to write this business report came from several sources. One such source was a personal communication with the Managing Director. The major source used was the organisation’s HR manager. This consisted of one informal discussion with the HR manager, in addition to a scheduled meeting and a planned interview. Two different types of research tools were used to obtain the information required to prepare this business report. The first was a questionnaire that was developed and subsequently completed by the HR manager. The other research tool used was a set of interview questions that had been compiled. These questions were asked of the HR manager during the planned interview. 1. 3 Scope of the Report The business report covers two main areas of the organisation’s strategy for recruitment and selection.

Integrating a Drinking and Drug History into a Psychosocial Assessment essays

Integrating a Drinking and Drug History into a Psychosocial Assessment essays Health and Education Services (HES), Inc., is an agency located in Haverhill, MA. This specific agency provides a wide range of community based mental health and substance abuse assistance. As a student intern from Boston University, the therapist's primary intern responsibilities include the provision of individual and family therapy sessions. The intern has over 10 years of experience doing a wide range of social service work in the community. The client was assigned for psychosocial assessment and to provide ongoing individual therapy sessions. The initial interview was conducted in a small, private office with no windows at the community mental health center at HES. The client is a Hispanic male and the initial questionnaire regarding alcohol/drug issues indicated that he had problems with both cocaine and alcohol. The main presenting problem for the client appears to be the alcohol issues, which have cost him his job and are in danger of costing him his family as well. His wife and children will be leaving the home if the man does not get some help for his problem. However, he did not come to the agency at the request of his wife, but at the request of the court after another DUI charge and a domestic violence call from his wife, all made on the same Friday night. While this man is still young at 29, he has reached the age where his problems should have been addressed already. Since they have not, it may be more difficult to right the wrongs that are taking place, but this does not mean that it will be impossible. The questions regarding drinking and drugs that were asked of this individual were asked in the context of a court-requested evaluation of the behavior of this man in order to determine what the best mode of treatment would be to address all of the problems. Treatment strategies that are psychosocial in nature, such as cognitive behavioral, behavioral, motivational interviewing, and family therapy techn...

Free Essays on The Summer Before The Dark

â€Å"The Summer Before The Dark† By: Doris Lessing Kate Brown is the typical mother of four children, and the ideal wife. She describes her life as â€Å"an ordinary life which I have been living with regrets of not having done everything I would have dreamed to do†. By the way she describes it, I think her life, as a middle class person, has fallen into the routine of serving her husband and children, mostly forgetting about her need and wants. Also, I think that this is one of the most common problems that happens to any women about Kate’s age, 45 years old. That is why there is not equality among sexes in our society, because woman are visualize as the ones that should serve to their families and others. Kate’s feelings towards this situation made her feel abandoned, forgotten, and worthless. Kate lives in London with her family, but she grew up in Portugal with her grandfather. She is really good at languages, she knows English, Italian, and is perfect in Portuguese. Thanks for her knowledge of language the summer, which she was going to spend alone in Boston, she got hired for a job as an interpreter at Global Foods Organizations. I think that by getting this job she felt really proud about herself, and also she must felt really important because she proved to herself that she was not useless. Besides, by getting this job she was going to feel part of a group which depended and valued her by her skills and knowledge, something that her family no longer appreciated about her. Her marriage with Dr. Michael Browns was very difficult for me to understand. Her feelings were mixed and sometimes she loves being with him, but other times she talks about hating him. Well, every woman would feel like that if their husbands had cheated on them. That is what he did, and in every and every time she has a chance to do it,... Free Essays on The Summer Before The Dark Free Essays on The Summer Before The Dark â€Å"The Summer Before The Dark† By: Doris Lessing Kate Brown is the typical mother of four children, and the ideal wife. She describes her life as â€Å"an ordinary life which I have been living with regrets of not having done everything I would have dreamed to do†. By the way she describes it, I think her life, as a middle class person, has fallen into the routine of serving her husband and children, mostly forgetting about her need and wants. Also, I think that this is one of the most common problems that happens to any women about Kate’s age, 45 years old. That is why there is not equality among sexes in our society, because woman are visualize as the ones that should serve to their families and others. Kate’s feelings towards this situation made her feel abandoned, forgotten, and worthless. Kate lives in London with her family, but she grew up in Portugal with her grandfather. She is really good at languages, she knows English, Italian, and is perfect in Portuguese. Thanks for her knowledge of language the summer, which she was going to spend alone in Boston, she got hired for a job as an interpreter at Global Foods Organizations. I think that by getting this job she felt really proud about herself, and also she must felt really important because she proved to herself that she was not useless. Besides, by getting this job she was going to feel part of a group which depended and valued her by her skills and knowledge, something that her family no longer appreciated about her. Her marriage with Dr. Michael Browns was very difficult for me to understand. Her feelings were mixed and sometimes she loves being with him, but other times she talks about hating him. Well, every woman would feel like that if their husbands had cheated on them. That is what he did, and in every and every time she has a chance to do it,...

Say What You Mean

Say What You Mean Say What You Mean Say What You Mean By Michael One of the most influential teachers of writing was Rudolf Flesch. I encountered him through an out-of-print book called On Business Communications, formerly titled Say What You Mean. Only later did I discover that he also wrote the 1955 educational critique Why Johnny Cant Read. His other titles include The Art of Plain Talk, The Art of Readable Writing, How to Write Better you get the idea. Flesch practiced what he preached: everything Ive read by him was superbly readable, even entertaining. Throughout most of On Business Communications, Flesch fights a battle against business and government communication that is formal for its own sake, neglecting the very purpose of communication, which is to say something. We all tend to write the way we think were expected to write, instead of pondering the best way to meet our readers needs. Flesch fought the common belief that official writing must be boring or stuffy, or else nobody will respect it. The documents of the U.S. Social Security Administration became a little easier to read after they hired Rudolf Flesch as a consultant. Flesch was a pioneer of readability testing. His simple Flesch–Kincaid Readability Tests are still used by educators to assign appropriate grade levels to reading material. The more syllables in a word, the more words in a sentence, the more difficult an article is to read. You can test the readability of any web page against Fleschs formula at Juicy Studio. But readability goes beyond mathematical calculations. How a reader feels about an article influences whether he or she will understand it or even finish reading it. When people open a new book or magazine, they may subconsciously scan it to see if its reader-friendly. Do they see lots of periods? That means short sentences. Lots of white space? That may mean short paragraphs. Do they see exclamation points and question marks? That means that it isnt straight, routine exposition. A potential reader may subconsciously look for personal pronouns. That actually increases readability, because it suggests that the author is writing about people, and people are interesting. Does the book or article contain vocabulary that you wouldnt expect to see, such as the word puppy in a chemistry article? That suggests that it contains metaphors and analogies, which are easier to understand, and not just chemical formulas. Does it contain specific nouns at all? Seeing the word Weimaraner in an article gives me more hope of an interesting read than dog or animal. Flesch taught the importance of personality and personal connection in writing. A reader is not merely a customer, he or she is a human being like yourself, looking for reassurance and connection. We all want to hear, Im sorry about that, I know what you mean, I found the answer to your question, I solved your problem, and Thank you so much! Sentences like those appear all too rarely in business and government writing, and Flesch said there is no good reason why they shouldnt. Flesch had a special gift for helping to simplify legal language and theres a special reason for that. In one instance, he condensed a paragraph of gobbledy-gook into something like, These people have owed you $10,000 for two months. If they dont pay by next month, I think you should sue. Many clients might worry whether writing so simple can still be legally binding. Not to worry. Before he came to the United States, Rudolf Flesch was a lawyer in Vienna. You can find the book on Amazon.com Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Book Reviews category, check our popular posts, or choose a related post below:12 Signs and Symbols You Should Know50 Idioms About Roads and PathsHow Do You Fare?

Delegation & Empowerment Annotated Bibliography

Delegation & Empowerment - Annotated Bibliography Example Curtis, E., & Nicoll, H. (2004). Delegation: A Key Function of Nursing. Nursing Management, 11(4), pp. 26-31. Curtis and Nicoll have managed to discuss delegation and employee empowerment as a key attribute of effective leadership. They have discussed various theories of effective leadership and have used works of other scholars to emphasize on the importance of delegation in an environment where team works is an essential element. Following the outcomes of these theories, they have presented an easy step-by-step guide of effective delegation, whilst discussing benefits of delegation and empowerment for delegators and delegtees. They have also mentioned the factors that can hinder the effectiveness of delegation process and the importance of delegation in organizational settings. Curtis and Nicoll are both highly learned and well-educated lecturers at the school of nursing and midwifery studies, Trinity College, University of Dublin. The work that they have presented mainly address registered nurses and importance of delegation for nurses however that discussion is only limited to the introduction part and rest of it is rather generalized, which can interest any regular reader. This peer-reviewed article will help in understanding the fundamental concepts of delegation and the factors affecting the personnel involved along with the process of delegation, itself. The article further outlines the basic concepts and general layout of the delegation process which will help in understanding the dynamics of this phenomenon.... The article itself sheds light on the importance of delegation and empowerment in today’s organizations. The article asserts that given today’s delayered organizational structure, managers are required to ensure that employees are provided with necessary knowledge and authority to perform the tasks assigned with them effectively. Swarnalatha and Prasanna have discussed the approaches to empowerment of employees along with conditions necessary for empowerment. One positive attribute of this article is discussion regarding the role of organizational structure and policies in employees’ empowerment in the process of delegation. The research has thus moved its focus from personnel to organization which makes it address the holistic dimensions of this process. At the end, the article discussed process and advantages of empowerment at length. Hoch, J., White, K., Starkey, C., & Krause, B.A. (2009). Delegation and Empowerment in CAATE Accredited Athletic Training Educat ion Programs. Athletic Training Education Journal, 4, pp. 139-43. The research contains a quantitative analysis along with theoretical discussion regarding delegation and empowerment of department heads, in this case, program directors. The research helps in identifying the possible reasons behind managers choosing to delegate or not delegate some of their tasks to their juniors. Except Hoch, all the other researchers are PhDs and have authored other articles on the similar subjects. Where other articles were helpful in having literary information about established theories, this research helps in understanding practical implications of these theories. The research has two dimensions. At one end, it sheds light on the program directors/ managers perspective and also identifies

A worn path Essay Example | Topics and Well Written Essays - 500 words

A worn path - Essay Example sion, one incident shows the roundness of her character as she picks up the nickel that slides from the Hunter’s pocket, â€Å"God watching me the whole time. I come to stealing† (Welty, 3) This god fearing nature is also typical of her age and racial background who had none but God to trust their fate upon and hence needs to fear them at times. The sole aim of her life is to save her grandson and for that reason she even opts for stealing but her realization that of the commission of her guilt is unmistakable.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Other characters of the story are also of round type. The hunter, for instance, initially appears to be harsh but when he sees that the old woman does not fear death, softens his tone and admires her courage. The nurse and the attendant though both of them spoke initially with the old woman in a harsh note but finally sympathize with her. These ups and downs are signs of a normal human nature. As these traits have reflected from the approach of all these characters, thus, neither of those can be classified as flat characters. The main aim of literature is to reflect different dimension of life and due to the roundness of characters, the story has become a real depiction of life. The treatment of a poor, racially inferior old woman normally initializes with a poor welcome. The disadvantage of old age, economic backwardness and also racial inferiority has been reflected here. However the author does not forget to bring out the courage, typical of a black woman through the other characters’ behavior after knowing her. All the characters she meets later become kind towards her. However the woman indulges in the act o stealth but earns the readers sympathy when they know her cause.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Though is determined to save the life of her grandson yet she remembers her self-dignity. Thus, during the time of picking up the nickel she feels the bite of her conscience. Later on, at the doctor’s chamber in the town, when the attendant offers her to

Strategic planning and development ( tourism perspective) Essay

Strategic planning and development ( tourism perspective) - Essay Example The company’s operations diversify in two broad categories of renewable energy and sustainable technology. Thereby the company requires abiding by the ethical issues with great concern in order to attain the efficacy of its operations. Masdar, in this regard, functions through five incorporated divisions such as the graduate university which primarily focuses on researches related to the renewable energy production and other components of the sustainable technologies industry. It is noteworthy that the company, being controlled by the Abu Dhabi government, has noticeably confirmed its position as a catalyst to accelerate the economic diversification of the country (Masdar, n.d.). 2. Purpose of the Organization The organization, being associated with the renewable energy and sustainable technologies industry, must abide by the issues related to the environmental aspects of the economy such as the natural resources, the socio-cultural factors and others. Considering the fact it can be stated that the purpose of the organization is highly depended on the industrial growth and its future prospect. In this milieu, the vision and mission statements of the company focus on the overall development of the economy in the global perspective in terms of knowledge, implementation and expansion of the renewable energy and sustainable technologies industry (Masdar, n.d.). Apart from these, the company also aims to contribute to the economic diversification through the expansion of its export base, stimulating entrepreneurship in the private-sector, investing in educational and research initiatives in order to encourage innovative ideas, generate skilled knowledge workers and others. The key purpose of the company also includes increasing the economy’s non-oil share in the global market. With this purpose, the company is concentrated on the prioritized sectors of the economy such as media, tourism, transportation & logistics and aviation & aerospace (Masdar, n.d. ). 3. Identified Problem of the Company and the Opportunity of the Strategic Plan The core values of Masdar have been defined by emphasizing on various attributes active in its micro and macro environment, such as the organizational objectives and the nature of the industry. These values demonstrate one of the major problems of the company, i.e. to market the clean technology products as commercially viable in order to reward a swift and sustainable growth to the economy (Masdar, n.d.). Therefore, the strategic plan that is to be illustrated in this paper is aimed to the purpose of the organization with a significant concern on the challenging factors most likely to be witnessed by the company. In this regard, the planning will be based upon the travel and tourism sector of the economy. It is basically due to the fact that the travel and tourism industry in the current phenomenon is highly prioritized by the economy. Additionally, the growth prospect of the industry is termed to be substantial in the near future which can ensure a sustainable growth to the company in marketing its products. Furthermore, the industry is recorded to grow with rapidity with an increased demand of technology which again enhances the growth perspective of the company and the economy at large. Hence, the plan shall reward the company with opportunities related to its expansion and the growth of the economy in the near future. 4. Goals of the Plan To be precise, the

Segregation along gender lines Essay Example | Topics and Well Written Essays - 2500 words

Segregation along gender lines - Essay Example Horizontally, women are disproportionately clustered into a narrow range of jobs that are regularly regarded to be ‘ghetto occupations’. Ghetto occupations have been classified as those which are female dominated and of low status, poor pay, with narrow job content, and that have few prospects of promotion. Introduction Occupational segregation is an obstacle used in the workplace to prevent women from realising their full potential in the market. It can also prevent employers from finding the most qualified personnel to fill job vacancies. Occupational segregation negatively affects the national as well as global economy. In Britain, many female workers are affected by vertical as well as horizontal segregation. This basically means that female workers tend to hold different jobs from the male workers which are of lower status and have lower pay packets. Female workers also tend to be directed towards industries that have a huge demand for workers who only work part tim e. Occupations which are usually peopled by female workers, and which tend to have low pay are often referred to as ‘pink-collar’ jobs or even ‘ghetto’ occupations. Causes of Segregation in the Workplace Limited Access to Career Options Gender stereotyping experienced by women during their formative years can affect their choice of occupation (Van Langen, Bosker and Dekkers, 2006). Gender stereotyping includes implicitly and explicitly expressed social attitudes within a person’s community. ... Even in developed nations like Britain, these attitudes are still present. When women are socialised to take on the ‘helping professions’ such as teaching, nursing, and secretarial work, it affects their decisions about the type of university courses they choose (Tracey and Nicholl, 2007). There are other institutional as well as structural barriers like biased marketing which discourage women from taking advantage of measures such as vocational training programmes for traditionally male jobs. Corporate culture and practice Other realities that compel women to choose to work in occupations that may not afford them large salaries or even a chance for promotion is because of the lack of the implementation of female-friendly practices in many corporate organisations. There are many organisations today that have instituted the acceptance of progressive employment agendas as one of their main objectives (Wynarczyk, 2007). However, this is not often implemented in the corporat e culture. Many women working in corporate organisations have to handle the reality of long hours which leave the worker with no time for his or her family, for example. The abilities of women are also not often viewed as strengths but as good personal skills. For example, the role of teaching young children has traditionally been occupied by women. Pre-school teachers play a very important role in society and are virtually responsible for teaching children all the social skills that are necessary to function in society. However, their importance is downplayed and their salaries are not at par with their services. This means that female workers face constraints in being

HRM450-0704B-02 Organizational Change - Phase 2 Discussion Board Essay

HRM450-0704B-02 Organizational Change - Phase 2 Discussion Board - Essay Example The impact of demographic diversities in a group means that more efforts are needed to be put in place so that each of the group members knows what his or her duty is and whether this person is communicated about the roles that are asked of him or her, both in the short term as well as the long run. (Sanna & Parks, 1999) Moreover, demographic changes mean that the leader has to focus more on a particular set of people or at times, the ones who are not very easy going along with the whole group. Hard work and commitment thus form the key in this whole equation of getting the best out of even the ordinary of people in the group. Leadership qualities are not inborn or inherent, they have to be developed with the passage of time and one needs to comprehend the fact that it requires strenuous exercise and a certain set of power that is needed by the man of courage, determination and dedication. Leadership qualities require that the leader gets the best out of the group members no matter how hard and trying the circumstances are. (Fink, 2002) The odds might be tough at times but it is the leader’s tact and sheer discipline that can turn the tides in the favor of the group rather than the other side. However the role of a team leader cannot be denied its due place in the related context of things nonetheless. Similarly interpersonal skills like motivating the team members, following ethical guidelines, adhering to rules and procedures are just the right tonic for building a bridge between the various team members. Thus it is also pertinent that the top management inculcates the subject of working in team rather than being loner in different projects so that the end result is a clear manifestation of the people with their respective whole hearted efforts and dedication levels exceeding what was expected of them in the first place. Teams create a sense of bonding between the employees and the top management thus the latter needs to understand

Programme and Project Management Essay Example | Topics and Well Written Essays - 5000 words

Programme and Project Management - Essay Example This paper is aimed at developing a comprehensive understanding of the concepts of strategic project management and its roles in the modern project management context. The paper presents a review of various studies in order to incorporate a precise and detailed study of strategic project management under the literature review segment. It moves forward to analyze a case in an organizational context of use and application of strategic project management so as to align the theory better with the practice and gain practical insights into the theoretical study. The second part is a case study of strategic project management implementation in respect to Marathon Oil Company. The case tries to understand factors responsible for success of the communication and brand building project adopted by the company, thereby connecting the theory with practicality. According to Callahan and Brooks (2004), Strategic Project Management is the appropriate and fitting use of all kinds of project management tools, knowledge and skills, that these deliverables of the project contribute towards company goals and strategic company objectives in a manner that can be easily measured. SPM or Strategic Project Management also takes into account the manner of company’s business and allows scope for undertaking fewer risks so as to gain significant payoffs. However, apart from this, the most important aspect of SPM is that senior leadership has to be involved in selection, definition and prioritization of projects that are undertaken in a company. Hence, strategic project management can be further defined as the process of making selections, measuring and managing outcomes of a project, which in turn ensures optimal outcome of a project. All projects that are undertaken by a company to meet a designated set of criteria are established by organization al leadership, which together makes sure that they are well-aligned with the strategic organizational

HRM450-0704B-02 Organizational Change - Phase 2 Discussion Board Essay

HRM450-0704B-02 Organizational Change - Phase 2 Discussion Board - Essay Example The impact of demographic diversities in a group means that more efforts are needed to be put in place so that each of the group members knows what his or her duty is and whether this person is communicated about the roles that are asked of him or her, both in the short term as well as the long run. (Sanna & Parks, 1999) Moreover, demographic changes mean that the leader has to focus more on a particular set of people or at times, the ones who are not very easy going along with the whole group. Hard work and commitment thus form the key in this whole equation of getting the best out of even the ordinary of people in the group. Leadership qualities are not inborn or inherent, they have to be developed with the passage of time and one needs to comprehend the fact that it requires strenuous exercise and a certain set of power that is needed by the man of courage, determination and dedication. Leadership qualities require that the leader gets the best out of the group members no matter how hard and trying the circumstances are. (Fink, 2002) The odds might be tough at times but it is the leader’s tact and sheer discipline that can turn the tides in the favor of the group rather than the other side. However the role of a team leader cannot be denied its due place in the related context of things nonetheless. Similarly interpersonal skills like motivating the team members, following ethical guidelines, adhering to rules and procedures are just the right tonic for building a bridge between the various team members. Thus it is also pertinent that the top management inculcates the subject of working in team rather than being loner in different projects so that the end result is a clear manifestation of the people with their respective whole hearted efforts and dedication levels exceeding what was expected of them in the first place. Teams create a sense of bonding between the employees and the top management thus the latter needs to understand

Monism Philosophy Research Paper Example | Topics and Well Written Essays - 1500 words

Monism Philosophy - Research Paper Example It follows the main formula which depends on the target and the unit. Monism is the opposing concept of pluralisms and nihilisms, because these concepts are focused on the importance of plurality in the nature of things (Scaffer â€Å"Monism†). The objective of the paper is to present a perspective on materialistic monism, one of the main types of the concept. Due to the numerous types of monism, one can surmise that any individual can have one of his or her own but the pressing question is which one is the most applicable to be used and to be prioritized. Materialistic monism is the feasible paradigm that can justify the interrelatedness of entities in nature. Supporting Evidences of Monism There are different concepts in the historical and contemporary knowledge that can be used to support the connection between natural phenomena and materialistic monism. One of the main evidences in that of the biological realism specifically the manner by which the brain works. The human b ody is one of the examples of entity in nature. Monism explores the manner by which different entities exist as one. It can be translated that the different matters are composed of similar units. The human body as that of nature is composed of units that can be considered related to every other component of matters and entities in nature. ... In this scenario, it is needed to be pointed out that the process of the mind cannot be separated from that of the brain, thus, the functions of the organ can be perceived in the holistic sense (Fingelkurts, Fingelkurts & Neves 264-68). Another evidence in relation to monism is related to the blobject, which is a concept related to the oneness of the matters in the universe. It defines the concept of materialistic monism (Scaffer â€Å"Monism†). Materialistic monism had been defined as God and nature. It is the law of substance as presented by William James (Worthen, Ellis & Kinkead-Weekes 179). Based on Spinoza’s work entitled Ethics – â€Å"Except God, no substance can be or be conceived† – which means that the entities in nature just transform through reorganization of components and not made. In addition, at a particular point, the components cannot be divided anymore but can only be defined as part of a whole (Bachli & Petrus 65). These concept s can be considered as the main evidences in the thesis of the interrelatedness of entities in nature, both living and non-living matters. According to the basic view in environmental science by Earnst Haeckel, he advocated the monism in nature which was defined as the unity in the mind and body. The main examples are the living matter and their basic components which if analyzed are also similar as that of the non-living things in the surroundings. Basically, the main point of the proposition regarding monism is the fact that every natural occurrence can be attributed to and be supported by the principle of monism. Even the transfer of energy from one matter to another reflects the interrelatedness of entities

Law for Standard Form Contracts in Businesses

Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of  £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife  £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of  £65,000 a year; he had meant to offer it at  £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno Law for Standard Form Contracts in Businesses Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of  £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife  £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of  £65,000 a year; he had meant to offer it at  £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno