Elements Required for the Formation of a Valid Contract

Elements Required for the Formation of a Valid Contract Introduction: When we think of any kind of business there comes the necessity of understanding and applying the rules, principles, norms, and usages of contract. Now a day there is hardly any business dealing that does not comes within the purview of contact. So its very important to have a clear and definite idea on the subject of contract law. However, in this paper Iv tried to give a glimpse on this subject along with its application in practical day to day to business practices in various areas. This piece of work will demonstrate the very basic and primary areas of contract, like offer and acceptance, consideration etc, with a particular emphasis on the operation and operation of business contact. In addition, the paper contains importance of understanding the principle of liability in negligence in business practices and made an effort to apply such principles and practices in different business situations. Requirement 1: Importance of the essential elements required for the formation of a valid contract: A contract is the agreement between parties regarding any kind of dealings that is enforceable in law. So an agreement between parties enforceable by law is a contract and never the others which are not enforceable by law. Suppose, an agreement to purchase 1-kg heroine is not enforceable by law and as such it cannot be a contract, but an agreement for the purchase of computer is enforceable by law and as such is a contract. In this regard, we can reach to a conclusion that all contracts are agreements, but not the vice versa. A contract between the parties can be created verbally; in writing (including by electronic means and website); by act, behave, conduct or inference or By means of all or any of the above mentioned ways. Essentials Elements of a Valid Contract: To be a contract, an agreement must fulfill the following conditions: Proposal(offer) and acceptance; the parties must be competent; the consent of parties must be free; there must have lawful consideration; the object must be lawful; and the agreement must not expressly declared void by law. Beside the above mentioned elements the contract must be certain; possible of performance and written and registered if so required by law.However there can be special principles, terms and conditions applicable to the contract as agreed by the parties that concern specific subject matters, such as employment contract, the sale of moveable property, sale of immoveable property etc. The Offer: Offer is the starting point from where an agreement gets life formally which ultimately may take the shape of a legally binding contract. Offer means the formal expression of intention or willingness of one party to another to do or to refrain from doing an act in order to obtaining the assent of the other party to such act or omission. When one party signifies his willingness to other party in order to take consent of that party regarding any dealing, the party expressing such willingness is said to make an offer and he is called the offeror and the person to whom it is made is called the offeree . So it is clear that, the offer must be communicated to the other party; it can be revoked at any time prior to acceptance. In this point we have to keep in mind that some kinds of transactions involve a preliminary negotiation in which one party invite the other to make an offer. Such an stage is called invitation to treat. Such primary negotiations are an way to reach a stage to make an offer. It is now well settled that negotiations to enter into a contract can amount to an invitation to treat but not an offer. Acceptance: An offer when accepted becomes contract. When the person to whom an offer is made signifies his assent thereto the offer is said to be accepted. Thus the essence of the acceptance is the assent or consent that is coming from the offeree . It simply speaks of giving ones consent to the offer as it is made by the offeror and as such it will be a valid acceptance to convert an offer into a contract. So the acceptance must be communicated; must be to the original proposal made otherwise it could be a counter offer takes effect on the basis of the mode of communicating the acceptance to the offeror (in postal mode- on the date posted, in case of instant or electronic mode, occurs when received). Competency of the Parties: The law does not give everyone to enter into a contract rather prescribe certain specific qualification to attain to be competent to enter into a contract. A person to be competent to enter into a contract, must be of the age of majority; of sound mind; and not disqualified from contracting by any law which he is subject. Thus negatively, the following persons cannot enter into contract: minors; persons of unsound mind; and persons disqualified by any law. Free Consent: Free consent is an essential element of a valid contract. It is natural that for an agreement all parties to it must come to a common point. There are mainly two requirements to be a consent that the consent must given- To the same thing, andIn the same sense. So if the parties So to constitute a contract even mere consent is not sufficient, rather the consent must be free consent according to law agree upon different things or in different sense then this will not be treated as consent. The term thing used in the first requirement means the contents or subject matter of agreement. On the other hand, to constitute a valid contract even mere consent is not sufficient, rather the consent must be free consent according to law. That is to say, to be a free consent, that must not be caused by, coercion, undue influence, fraud, misrepresentation and mistake. In other words, if consent is given being affected by any of the above elements, the consent will not be treated by the law as free consent. Consideration: Ordinarily consideration means mean the exchange of the price. It has different legal meaning which does not restrict it only within the area of monetary compensation rather to be consideration, law required that, something is to be done, forborne, or promised at the desire of the offeror. It may even be termed as burden discharged or in other sense sufferings in the sense of losing something, may be that is ones energy, service, money or anything valuable. A paragraph from the book Law of Contract (10thedn, Sweet and Maxwell,1999,at p.64) Professor Treitel is worth mentioning – The traditional meaning of consideration concentrates on the requirement that something of value must be given and accordingly states that †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦What the law is concentrate with is the consideration for a promise-not the consideration for a contract. So consideration is the cause of acceptance and it – Must be valuable. Something must be supplied in return of the offer of the offeror, eg. Money. Must be lawful and non gratuitous. Must not be something already paid or incurred(past consideration) Lawful Object: In order to execute a valid contract the object and consideration of a agreement must have to be lawful. The object and consideration are lawful unless- It is forbidden by law; or Is of such nature that, if permitted, it would defeat the provisions of any law; or Is fraudulent; or Involves or implies injury to any person or his property; or It is regarded as immortal or against the public policy and public welfare. Enforceability in Law: Although an agreement may have all the essential elements, it may not be a enforceable contract because of some other issues like impossibility of performance or where the agreement unduly restrains any person in his trade. So if an agreement fails to satisfy the legal requirements of a contract then that becomes nothing but unenforceable by law which cannot turn into a contract ever rather a void agreement. (P1.1). Essential elements of the contract in a given scenario: Adam, Owner of a house offers in face to face, Brad to sell his house at a certain price. Brad, accept the offer made by Adam and pay a portion of price for the house asked by him. This is an example of a valid contract entered into by Adam and Brad for the sale of the house. In this transaction we will find all the essential elements for the formation of a valid contract. Moreover the contract is executed in a lawful manner. Here, Adam made the Offer which Brad Accepts in his Free Consent and pay Adam a portion of the Consideration (price). Both the parties are Competent to execute a contract and their Object is not also lawful. So the contract of sale of house between Adam and Brad is Enforceable in Law. The impact of different types of contract: Expressed and Implied contract: If the offer and acceptance of contract are made in words, i.e, either expressed orally or in words, it is an express one. It can be of two types, i.e. Oral and Written. On the other hand when there is no formal expression of such offer and acceptance rather it is implied from the acts or omission of the parties, it is regarded as an implied contract. Valid contract: An agreement enforceable by law is a contract and is valid. That is to say, a valid contract is that agreement which fulfils all requirements of a contract as imposed by law. Voidable contract: The voidable status of a contract is a temporary status which has to be made enforceable by law or has to be set aside and both these are dependant at the option of the parties at one side and not at the option of the other side. The law determines at whose option it will be validated or annulled in each particular case considering the nature of voidable contract. Thus a contract cannot remain as voidable forever; rather it has to be valid or void. Void contract: A contract becomes void by ceasing its enforceability by law. It is not a void ab initio. Because, law says that it has to cease its enforceability and it will be void only when it will cease that enforceability. Thus, the precondition of a void contract is the existence of a valid contract and afterwards somehow its enforceability will be ceased and then it will be treated as a void contract. There may have various grounds for ceasing the enforceability of law, e.g., supervening impossibility or illegality. Unilateral and Bilateral contract: In the case of bilateral contract each party takes on an obligation, usually by promising the other for something- as for example James promise to sell something and Ben promise to buy it. By contrast an unilateral contract is one in which only one party assumes the obligation under the contract. Terms in contracts meaning and effect: 1. Express terms: A. What did the parties say or write? B. Are the statements of the parties terms of the contract. 2. Implied terms: A. Terms implied by customs: It is well established that a contract may be subjected to terms that are sanctioned by the custom, whether commercial or otherwise, they have not been expressly mentioned by the parties. Precedents states that in commercial transaction extrinsic evidence of customs and usages is admissible to annex incidents in written contracts, in matters with respect to which they are silent. B. Terms implied by statute: The translation of usages into agreement and of agreements into statutory terms is most evident in the history of the contracts for the sale of goods. Moreover the provisions of Marine Insurance Act are another example in this regard. C. Terms implied by courts: Other terms have been judicially implied in a number of transactions. Thus in Lynch v Thorne,(1956) the Court of Appeal give judgment in favor of the defendant and held that they could not imply any term that would create an inconsistency with the express language of the bargain. Such a similar position was examined by the House of Lords in Lister v Ramford Ice and Gold Storage Company Ltd and majority of the judge gave judgment in favor of the respondent. Excluding and limiting terms: The common law is quite familiar with the practice of inserting terms excluding and limiting liabilities by one party which would otherwise be his. This situation frequently arises where a documents purporting to express the terms of a contract is delivered to one of the parties and is not read by him. A passenger receives a ticket, stating the terms or referring to the terms set out elsewhere, on which a railway is prepared to carry him or take charge for his luggage. There are different view regarding such clauses. One view describes it as a promisors obligation and the other view describe it as mere defense. P1.3 Appropriate terms for a given situation: Allan, buy a ticket to go to London from Liverpool. The ticket contains terms that he can carry only 10-kilo of goods and for more than that amount he has to pay extra  £5 for per 10-kilo. This is an example of excluding clause in the contract between him and the bus company. Requirements 2: 2.1 Practical application of the elements of contract: Scenario: According to the given problem for this assignment, the following advice has been provided: Advice: In the light of various elements of a valid contract, John McGurks first telex is clearly an offer; which Collin McCellend was to accept. The general rule is that acceptance takes effect on communication and application of this rule is embodied in the cases of Entores and Brinkibon. Considering that the telex of acceptance was sent outside working hours, when should it take effect, and considering the factors mentioned in Brinkibon- intentions of the parties and standard business practice- where should the risk lie? In assessing where should the risk lie we have take into account the fact that Collin can reasonably think that his telex would be read shortly after the lunch hour was finished and to expect John to check where there is any reply from Collin. This is relevant because in other cases on communications, the court does not entertain the claim of the parties who fail to receive message because of their own fault or negligence(such as it was in Entores case). If Collins telex is deemed to take effect when it is sent, a binding contract between them exist at that point and this will take priority over the contract with ford. We should then consider the position if the rule that acceptance only takes effect on communication is strictly applied. The next issue in question is the communication by the other car dealer from whom Collin learnt that the car has been sold. It is clear from Dickinson v Dodds that information from third party can amount to revocation because the message from the third party is regarded as the offeror had said it himself. However the exception of this rule is that if the source of information is not reliable there would be no revocation and the offer would be still available for acceptance. But in the present case this exception is not applicable as the source is not untrustworthy and as such Collin cannot claim John to give effect to his acceptance. However Collin is still entitled to claim damages assuming a contract was made. He could only force John to sell the car to him if court granted specific performance. As the court grant specific performance of contract only when monetary compensation is not adequate to give the plaintiff proper remedy or where there is no other remedy available. Collin can be adequately compensated by money and this could be done by allowing Collin to claim the difference between the cars price and the cost of replacement i.e. more or less  £2000. 2.2 Law on terms in different contracts: Terms of contract can either be conditions or warranties and it vary in various contracts depending on the nature and contents of the contract. Thus terms and conditions in the contract of sale of land are different from that of sale of goods. For better understanding see Terms of Contract- Meaning and Effect part of this paper in page. 2.3 Evaluation of the effect of different terms: Three kinds of contractual terms have normative effect and significance relative to each others namely; Conditions, Warranties and Innominate terms. Conditions: These are the most importance terms of contract and have serious consequences if breached. An innocent party can repudiate a contract and claim damages for breach of such terms. It is not necessary to mark such term as conditions in the contract and court will consider the intentions of the parties to determine such terms. See e.g. Schuler AG v Wickman Machine Tools Sales Ltd. (1974). Such terms can also be determine by statutory provisions, (e.g. Sale of Goods Act 1979, provides that certain terms relating to title to goods and quality of goods are conditions) and by the case laws, typically standard terms in commercial contracts. Warranties: It is of lesser importance than conditions and breach of such terms entitled the innocent to claim damages but not to repudiate the contract. Innominate terms: It can be either conditions or warranties and breach of them can be serious or trivial depending on the particular fact and conditions. Such terms was first emerged in Hong Kong Fir Shipping Co. Ltd. v Kawasaki Ltd. (1962). See also The Mihalis Angelos case, Bunge Corp. v Tradax Export SA(1981) and The Naxos(1990). Ref.1 Requirement 3: Tort: Law of tort the law of civil wrong but every civil wrong is not tort. For a civil wrong to be tort it must contain two conditions:- The remedy is common law action for unliquidated damages and The wrong is not exclusively a breach of contract, breach of trust or other merely equitable obligation. Thus Winfield defines tortuous liability arises from the breach of the duty primarily fixed by law; †¦Ã¢â‚¬ ¦and its breach is repressible by an action for unliquidated damages. Ref.2 3.1 Differences between liabilities in Tort and Contract: As to the source of interest and duty: The interest in tort and its corresponding duty are created by law but in case of contract they are created by the agreement between the parties to the contract. As to the nature of duty: In tort duty not to violate the interest of another person is toward persons generally, not to any particular person. In contract such duty is only towards the parties to the contract and not towards any strangers. As to nature of remedy: In tort damages are always unliquidated but for breach of contract liquidated damages can be claimed where specified in the contract. Others: Even where unliquidated damages are claimed the principle of liability in tort and contract differ. In contract damages are of compensatory nature except in case of contract of marriage and action by trader against his banker for dishonoring his check while there is sufficient balance to his credit. In tort, on the other hand, exemplary may in certain be awarded by the court. 3.2 Nature of liability in Negligence: Generally in all torts the liability is based on intentions or negligence. An act is negligent if its consequences are neither desired nor are substantially certain but are so probable that a reasonable man would have foreseen and avoid them. Thus, in certain cases of negligence the defendant may not have knowledge of his conduct or consequences thereof, but in many cases he has knowledge of both. It is the element of desire for consequences, which can distinguish negligence from intention. In case of intention actual or presumptive desire is always there, whereas in case of negligence there can never be desire for consequences. 3.3 Vicarious liability in business: Vicarious liability means the liability for the wrong committed by another person. Normally, a person is held liable for wrongs committed by him but sometimes he may be held liable for wrongs committed by other persons. Common example of such liability are liability of master for acts of his servants, done in course of employment, liability of partners for torts committed by a fellow partners, liability of principal for acts of his agent done within the scope of authority and liability of an employer for acts of an independent contractor employed by him. Thus vicarious liability in business can be found in the business practice of agency and in partnership business. In both the cases a person who is liable for any breach of contract cannot be held liable rather the person on behalf of whom he enters into contract will be liable. Thus when there occurs any wrong or breach of any contract or any part thereof by an agent acting on behalf of and within the authority of the principal, then the principal and the agent will be held liable. The same rule applies in the case of partnership business and for the wrong of a partner the fellow partners become liable subject to certain conditions and exceptions. Thus in the case of various contracts and business dealings there arises vicarious liability. Requirement 4: 4.1 Applications of the elements of tort of negligence and defences in different business situations: There are certain general conditions which must be fulfilled or satisfied before a person can be held liable for any tort. Negligence is one of such essential elements and it has significant effect in the ordinary course of various business practices. However negligence can be both, an element as well as a defense in appropriate cases of business. Negligence as elements: Negligence is the lack of application of reasoning and ordinary prudence on the part of the defendant for, that he can be held liable for any damages results from such damages. In every business practice or in other words, contract it is the duty of both the parties to act and behave in a reasonable and wise manner and perform his obligation diligently. Thus as an independent tort negligence means the infliction of damage by breach of a legal duty to take care which the defendant owed to the plaintiff. This if there occurs any breach or any party suffer loss for the negligent act and omission of the other, it will entitled the plaintiff seek relief and damages for such negligent behave. As a defense, contributory negligence: Contributory negligence is a special defense to an action for negligence. When any breach, damage or accidents occurs not solely due to the negligence of the defendant but also partly due to the lack of ordinary care on the plaintiffs part, the part of the negligence of the plaintiff is called contributory negligence because it also contributes towards bringing about of the consequence. The defense of the contributory negligence will fail if there is no lack of reasonable care and attention on the plaintiffs part. However the scope of the defense was already narrowed by invention of the rule of last opportunity in Davis v Mann (1842) case. It was further limited by extension of the last opportunity rule to situations where actually the defendant was not in a position to avoid the accident but he lost the opportunity because of some of fault on his part. Thus the leading case is, British Columbia Electric Rly v Loach(1916). 4.2 Applications of the elements of vicarious liability in given business situations: A, is appointed as agent for B for certain activities with the authority to enter into contract of selling As car. A enters into a contract with C for selling the car for  £2500. However after the compellation of the contract it is discovered by A that the car has certain defects which was unknown to A and hence C claims damages. In such a situation A is not liable for the act done by him as he has acted upon and within authority of B. Here not a rather B is vicariously liable and C can sue B, not for his claim. Concluding Remarks: Though sources of interest in contract and tort are different yet they may co-exist or concur in the same case. In such case interest is created by the contract as well as general law. In the realm of modern business practices contractual obligations and its breach are so much important and in this regard to get proper remedy and appropriate its very much essential to have clear and sound knowledge on contractual obligations, liabilities along with various liabilities of tort law.

General Educational Development Questions Essay

1.Why are dogs mans best friends? Dogs are called mans best friend for many reasons. For hundreds of years, dogs have been friendly, loyal and protective of their human owners. For just as many years, dogs have accepted the love and affection of humans and have been greeting them with a wag of the tail all this time. A dog still wants to be your buddy and play with you even if you’re in a bad mood or haven’t spent much time with him recently. They don’t judge us for things like that, they just keep wagging.All a dog wants is to be loved and loved back. 2. Why are Hurricanes Dangerous? Hurricanes are considered to be very dangerous because they are deadly and are formed from strong tropical storms. When hurricanes happen, they result in heavy rains and strong winds that can sweep humans, buildings and livestock, cause inland flooding, marine hazards and even tornadoes. With that combination, they inflict widespread destruction and can result in a large loss of life. 3. Is addiction a disease.? â€Å"Addiction is a primary, chronic disease of brain reward, motivation, memory and related circuitry. Dysfunction in these circuits leads to characteristic biological, psychological, social and spiritual manifestations. This is reflected in an individual pathologically pursuing reward and/or relief by substance use and other behaviors.Addiction is characterized by inability to consistently abstain, impairment in behavioral control, craving, diminished recognition of significant problems with one’s behaviors and interpersonal relationships, and a dysfunctional emotional response. Like other chronic diseases, addiction often involves cycles of relapse and remission. Without treatment or engagement in recovery activities, addiction is progressive and can result in disability or premature death [emphasis added].† 4.Why is getting my diploma important.?  A high school diploma is important to my future, because college admissions counselors and potential employers usually won’t consider you unless you have one. If I were to get a high school diploma and not need it, not much would have been lost. However, if I were to not get a high school diploma and then end up in a situation in which I needed it, I would be in a bad position. Even people who decide to open their own business might need business classes, meaning they would likely need to be accepted by a college or university, therefore having to present a high school diploma. It seems like many employers and facilities of higher education are willing to accept a GED in place of a high school diploma, but not all of them are. In addition, in order to pass my GED, I should have knowledge of things learned in high school. So it makes sense to stick it out and get the diploma. 5. Why you like or dislike Miami.? I like it because it’s nice and warm with beaches, and because it’s the â€Å"Spanish Hollywood† of the United States. I dislike it because of the streets that tend to get dirty, but overall they’re fine. 6. Reasons why Math is important. Math is hugely important. Pretty much everything you do involves math. All careers invlove some type of math and even if you don’t have a career you still use math everyday. Think about how many times a day you estimate something or figure out some type of math problem. You do use math whether you realize it or not. Some jobs like an artist might not catch people as a math job but you have to add up totals of money in order to sell your art, or even when etimating paint utencils and other stuff. 7. Why is your best friend so special.? My mother is my best friend, i’ve known her all my life. She’s the only person I know that will listen to me, not judge, offer honest and real advice without having other motives. She’s just like me but we’re different in so many ways. I feel so blessed to have a best friend who is actually family. We can share everything from clothes, to purses, to hair items and know we’ll get it back lol.! I feel so blessed to have someone so wonderful in my life. The special for me is that I always gonna have her and her pure love. 8. Why is Tanning in the sun Dangerous.? Some people think having a tan gives them a â€Å"healthy glow.† But a tan really shows that the skin is trying to protect itself from sun damage. Sun damage can lead to premature aging (wrinkles!), eye damage and skin cancer. Even â€Å"indoor tanning† is not without risk. Tanning beds and lamps can expose you to even more harmful ultraviolet light than the sun does. And tanning products such as â€Å"self-tanners,†sunless sprays and pills can expose you to additional risks, according to the Food and Drug Administration. Before you try to get a tan, you should learn how and why our skin tans. When a type of radiation is exposed to the skin, the skin responds by producing melanin. Melanin is a dark substance that helps prevent the body from taking in too many harmful sun rays that can damage skin. The sun produces two kinds of rays, UVA and UVB. UVB rays are around all year and UVA rays are mostly present only during the summer. UVA rays are regarded as â€Å"safer† and they cause the skin to age, while UVB rays cause the skin to burn. However, both of these types of rays are harmful and dangerous in large quantities. Overexposure to the sun can cause sunburn and even skin cancer.

Stereotypes of Fraternity Members - Free Essay Example

Sample details Pages: 3 Words: 1042 Downloads: 10 Date added: 2019/04/12 Category Society Essay Level High school Topics: Stereotypes Essay Did you like this example? Stereotypes of Fraternity Members Stereotypes are not narrowed down into one race, color, religion, age, social class, or sex. Although, each comes with their own stereotypes, all tend to be false and create a misinterpretation of someone before ever meeting them. Being a member of a fraternity comes with stereotypes that create an uncomfortable environment for some and causes possible people to not join one when it can create serious improvements in their life while in the fraternity and later in life. Don’t waste time! Our writers will create an original "Stereotypes of Fraternity Members" essay for you Create order Stereotypes of members of a fraternity consist of being viewed as someone who pays for friends, rapists, rich spoiled kids, unintelligent, and countless more false stereotypes. I grew up in a Christian home with moral values and most importantly was taught that all people are equal. Being in a social gathering and thinking about others and hoping they do not feel uncomfortable merely because of your presence takes a toll on your psyche. Staples said in his short story Just Walk On By: A Black Man Ponders His Power to Alter Public Space I began to take precautions to make myself less threatening. I move / about with care, particularly late in the evening. (line 125-126) I was once out with some buddies one night and when we bought a round of drinks, one my buddies, visibly a member of a fraternity because of his shirt, offered a girl a drink. Instead of taking the drink she grabs the one he had in his hand and gives him back the one he offered. At first, I completely understood why its a safe thing to do. Later in the night I noticed she was accepting drinks from guys and females without a question about any of them. I started to question what in a society c reates a stereotype that all fraternity men are viewed as rapists who pay for friends. A common stereotype in a fraternity is the thought because a fraternity has a fee to be an active member of it creates a paying for friends thought. Superman and Me Alexie said I refused to fail. I was smart. I was arrogant. I was lucky. (Line 62) Being in a fraternity is not something just for friendship but for social networking and getting business like experiences. I noticed right before college that all jobs Ive ever worked at I got the job due to me knowing someone who currently worked at that job. I then decided to start reaching out to people who were in fraternities and them being one of the largest groups you can find on a campus. By joining a fraternity, I gained lifelong friends, the ability to network all around the country, and business-like opportunities making a refuse to fail environment and very lucky to be a part of a fraternity. The amount you pay to be in a fraternity you eventually end up receiving back if not more one way or another. Not only does having to pay to be an active member in a fraternity create a stereotype that you pay for friends it also creates a stereotype that all members are rich and spoiled kids. My mother and father always found a way to supply me with anything I needed yet made clear that not everything was given to me. I grew up on a farm in a middle-class family with a great mother and father much like in Superman and Me. (Alexie line 1) I am glad I grew up in a family like this as it taught me to work for what I wanted and if I were to spend my money it would be towards something worthwhile. At first, the only thing stopping me from joining a fraternity was the money. I talked to many members when I was just a potential member who were worse of then me in financial circumstances and made me realize really anyone in any social class can be in a fraternity. Whether its through T-shirts or hosting paid events or even concerts, you have access to all hosted by your fraternity through being in it and multiple resources from the house and other members. I have paid of my dues from the fraternity on time and much like my other brothers that are not upper class in a financial ci rcumstance. Many of my fellow members grew up with very little and very quiet and humble members, dishonoring the snobby rich kid and unintelligent stereotype. Members of fraternities have fell under the stereotype that they fail in academics and that they are unintelligent. Alexie talked about We were/ Indian children who were expected to be stupid. (Line 53-54) Much relatable to the stereotype involved with fraternities. The president of my Fraternity is a college major in psychology with a 3.8 Grade point average, our average grade point average for our chapter was a 3.2. 3 of our Alumni from our chapter are business owners yet our stereotypes are so undermining to the basis of the fraternity. I believe the stereotype bases out of the idea of fraternities throwing parties. People think that because many fraternities throw parties and that leads to lack of focus on academic work. Colleges priority is getting grades and graduating which is the focus in fraternities also. Going out is a way to relieve stress from the schoolwork, homework and studying. Though excessively going out can cause this prioritizing is what causes the stereotypes to be false. Stereotypes are not just in Fraternities but in all aspects of life. Stereotypes have always been an issue that prevents someone from getting to know furthermore about people and even organizations. These stereotypes can really affect the outlook somebody has on a fraternity that can cause many people to miss opportunities that a fraternity can give them. Stereotypes such as being unintelligent, rich spoiled kids, people who pay for friends, or even rapists in an organization such as a fraternity can be proved to be fully false and stereotypes should never be something someone takes seriously. Works Cited Alexie, Sherman. Superman and Me www.umsl.edu/~alexanderjm/SupermanandMebyAlexie.pdf Accessed 18 Sept. 2018. Staples, Brent. Just Walk On By: A Black Man Ponders His Ability to Alter Public Space. 1986. www.cabrillo.edu/academics/english/100resources/Just%20Walk%20On%20By.pdf Accessed 18 Sept. 2018.

Human Resource Management - 933 Words

Human Resource Planning Definition: Human Resources Planning is defined as the process of assessing an organization’s human resources needs in the light of organizational goals and changing condition and making plans to ensure that a competent, stable workforce is employed. The actual planning process will vary a great deal from organization to organization As defined by Bulla and Scott (1994), human resource planning is ‘the process for ensuring that the human resource requirements of an organization are identified and plans are made for satisfying those requirements’. Reilly (2003) defined workforce planning as: ‘A process in which an organization attempts to estimate the demand for labour and evaluate the size, nature and sources†¦show more content†¦HRP facilitates planning for future needs which will help in better planning of assignments to develop managers and to ensure the organization has a steady supply of experienced and skilled employees. Factors Affecting Human Resource Planning HRP is a dynamic and ongoing process. The process of updating is not very simple, since HRP is influenced by many factors, which are as follows: 1. The type of organization determines the production process and number and type of staff needed. 2. The human resource needs of an organization depend on the strategic plan adopted by it. For e.g. the growth of a business calls for hiring of additional labor, while mergers will need a plan for layoffs. 3. Organization operates under different political, social environment and has to carefully formulate the HR policies and so the HR manager has to evolve suitable mechanism to deal with uncertainties through career developments, succession planning, retirement schemes etc. 4. HRP also depends on the time periods and accordingly the short and long-term plans are adopted. And this time span is based on the degree of environmental uncertainties. 5. The type and quality of information used in making forecasting is an important factor influencing HRP. Accurate and timely human resource information system helps in getting better quality personnel. 6.Show MoreRelatedHuman Resources Management : Human Resource Management1140 Words   |  5 Pagesa business efficiently? Human Resource Management (HRM). Human Resources is the solid foundation that practically oversees the entire organization, whether its managing employees to surveilling the progress of every single department. There are six principle functions that Human Resource take into account: employee relations, recruitment, compliance, compensation and benefits, training and development, and safety (policies/regulations). Over time Human Resource Management has taken a new role intoRead MoreHuman Resources Management And Human Resource Management2123 Words   |  9 PagesIntroduction The study of human resource management becomes a major topic of the science of management at the beginning of 20th century and keeps attracting researchers’ attention (Merkle, 1980). The new models of human resource management derive from the advance of management theories and the accumulation of practices and experiences. With the development of global economy, the economic situation of each country deeply affects the world and becomes closely connected. In addition, the needs of customersRead MoreHuman Resources Management : Human Resource Management1138 Words   |  5 PagesHuman Resources Management Hilti continues to grasp on success and expand globally, but their path weren’t always well defined. The company began in 1941 and historically they’ve kept to traditional strategies when it came to recognizing human resource requirements. In the early 2000’s, the company established a new set initiatives, aimed at doubling revenue and operating profits. Hilti also recognized that this type of growth would require invigorating ideas to employ human resourcing requirementsRead MoreHuman Resource Management And Human Resources Management941 Words   |  4 PagesHuman Resources Management is one of the most important aspects of any organization, whether it be non-profit, not for profit, or profit. Human Resources Management is what makes it possible for a manager to be able to focus on their work and tasks at hand and not have to deal with lots of unneeded interpersonal activities. They are in charge of correctly evaluating the candidates that the managers will have to work with for the duration of the candidate’s stay. They are responsible for makingRead MoreHuman Resources Management : Human Resource Management835 Words   |  4 PagesHuman Resource Management â€Å"They humanize the brand and help workforce communities thrive† (Who). A human resource management position may be the job for you. Every business and enterprise has a human resource manager, including Starbucks, Disney and even Apple. This job includes planning and coordination, organization, consulting employees and to oversee the work and employees. All the schooling and stress that comes along with this occupation pays off in the end with an enjoyable job. HumanRead MoreHuman Resources Management : Human Resource Management1398 Words   |  6 Pages Human Resource Management Overview Tanya Phillips Dr. Andrea Scott, PhD HSA 320, Strayer University October 31, 2016 Human Resources Management Overview Human resources (HR) is the different kinds of clinical and nonclinical responsibilities for public and individual health involvement. The benefits and performance the system can deliver depends upon the knowledge, skills and motivation of those responsible for providing health services. Human resource managers don’t directlyRead MoreHuman Resources Management : Human Resource Management2534 Words   |  11 PagesIn most cases managers look at human resource management as an expense to a company rather than a source of benefit to the company however, research has proved that human resource management practices can be of greater value. Valuable decisions such as whom to recruit, what package to offer, the training necessary for the new recruits and how to assess employee performance directly affects the employee motivation and as such do affect the ability of the employee to provide products which the consumersRead MoreHuman Resources Management : Human Resource Management95 8 Words   |  4 PagesHuman Resource Management Overview As we all know when it comes to every business and organization that is out there, they all need help from Human Resources to continue to help the company grow. What is human resource management? Well Human Resource Management is the overall process that deals with how Human Resources manages their employees as well as different issues that can come across within the organization. Human Resource Management are in charge of different tasks including recruiting asRead MoreHuman Resources Management : Human Resource Management820 Words   |  4 PagesHuman Resources Management Proper Planning is one of the most important aspects of human resource management. Without proper execution of plans, the particular needs of an organization that are the responsibility of human resources will not be reached, and therefore, will fall short of what is necessary for meeting the goals of an organization (DeCenzo, Robbins Verhulst 2013).There are many facets a human resource manager must be familiar with in order to run an organization. The functions of humanRead MoreHuman Resource Management : Human Resources Management1264 Words   |  6 Pagesand research with my family, I decided to go into human resource management, specifically in a hospital. Many people questioned and often said â€Å"Why human resource management?† My answer, I chose human resource managers because I believe they are a vital part of a hospitals success. They make the plans, they direct the staff and they coordinate how people work together and where they need to be. Throughout this paper , I will describe human resource managers- what they do, what are the requirements