Reflective Report Social Mobility Essay Example

Reflective Report: Social Mobility Essay Social Mobility with reference to my own area of teaching. The term â€Å"Social Mobility† refers to the social standing, social position in conjunction with classes and social hierarchy. Within this reflective report I will concerned the focus on Social Mobility measured alongside education. The main hub for this report refers to â€Å"vertical mobility† – movement of individuals upwards from one level to another by joining the Armed Forces: Showing that â€Å"in-School† and â€Å"out-of-school† has an impact on the Social Mobility of individuals or groups. Factors effecting mobility are varied from economic capital, cultural capital, human capital and social capital, all of which enable social mobility to change direction. Within my role as a Military Teacher, learners embark on their future career from a varying class background; the Armed Forces draws its personnel from a broad cross section of society who have widely differing social backgrounds; educational standards and learning ability. The Armed Forces recruit from a diverse educational ability from those with university degrees to individuals with no general education. This has an impact upon how these very different learners view education. I will reflect on those learners that are from disadvantaged backgrounds, lower social mobility, as it is those I feel the Armed Forces have had the greater impact upon which impacts on their vertical mobility. Sociologists describe â€Å"in-school and â€Å"out-of-school† factors as the examination of differences in education beyond the confines of the school. This assists us within this report to understand why upward mobility can be achieved within the Armed Forces during their initial and on-job training. In other words, sociologists have to look both within and beyond the immediate environment of the school to explain why students do well or bad within different educational systems† (Kidd et al, 2003. Pge 240) There are many authors discussing the relationship between education and class / poverty and how the sequence of reduced or no education attainment leads to decreased opportunities in a dulthood. Common themes amongst these authors are better education (in-school, out-of-school or both) can be a way to break this succession. We will write a custom essay sample on Reflective Report: Social Mobility specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Reflective Report: Social Mobility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Reflective Report: Social Mobility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer On further reflection this highlighted that there are several parts to this area with regards to the solution and the difference in views [on education and class] of the learner are at the centre of educational achievement and increased [or decreased] mobility. Hirsch (2007, p. 1) underlines this point: â€Å"Just 14 per cent of variation in individual’s performance is accounted for by school quality. Most variation is explained by other factors, underlining the need to look at the range of children’s experiences, inside and outside school, when seeking to raise achievement. The well intentioned 2011 strategy by the government wasn’t to increase social mobility, meaning the continual transfer of levels by all (upwards or downwards). The problem, as stated by Helen Barnard (2011) â€Å"is that people from low-income backgrounds find it extremely difficult to get a good education and a good job†. The military tackles some of this distinction by reducing the boundaries between social classes. Raffo et al (2007, p. 2) states: â€Å"If the critical perspective teaches us one thing, it is that the relationship between poverty and education is unlikely to be disturbed unless fundamental issues of power and interest, advantage and disadvantage are addressed. † The Armed Forces reduce these boundaries by introducing them to a greater [social, human, economic, culture] capital ensuring all learners have access to the same educational environment. The difference outside of the military and classroom (families, peer groups, neighbourhoods) has a lesser influence on the learners. For example, increased culture capital is increased in-school [within the classroom] learning about the Battle of Trafalgar and/or out-of-school onboard HMS Victory within a national museum, both areas of which increase the capital normally open to certain class groups. In turn, I also believe as the teacher, I have a responsibility to every individual on having a positive impact upon their development of positive relationships within supervising and authoritative figures; this will have secondary effects on the learner’s class standing. The learner is expected to uphold a set of core values resulting in human capital. As highlighted by Lefrancois; Bandura’s Social Cognitive Theory explains the social learning involved; as describe above individuals are taken away from their normal environment resulting in the â€Å"acquisition of patterns of behaviour that conform to social expectations-learning what is acceptable and what is unacceptable in a given culture† (2000, pge. 149 In summary, the study of mobility is the study of change for in this case those learners from a lower class background; the military goes some way to removing advantage / disadvantages thus creating a more inclusive class environment. If the learner does achieve personal development more through the military system, I believe this will go a long way to breaking the disadvantage cycle, thus having a positive impact upon the individual’s vertical mobility. Another functionally significant aspect towards social mobility is personnel employment and the fact the individual is employed within the Armed Forces will impact on their mobility.

Personal Statement for Senior Supprt Worker Essay Example

Personal Statement for Senior Supprt Worker Essay Example Personal Statement for Senior Supprt Worker Essay Personal Statement for Senior Supprt Worker Essay Essay Topic: Senior I have worked in various social care settings for over 5 years from which I gained a broad knowledge in providing professional support to service users to enable and promote independent living and fulfilment. I am a conscientious worker and a credible team player with high degree of flexibility towards performance of my work. In the course of seeking both personal and professional development I have pursued and achieved several trainings and qualifications which include NVQ level 2 3 in Health and Social Care and level 3 in Health and Safety to facilitate my aspired role as a senior community support worker. I assume various responsibilities at Eastway care and this has equipped me to work within non-discriminatory and legislative framework as well as adherence continually to Eastway care operational policies and procedures. Amongst my duties as a community support worker are to support the service users in their daily activities while upholding the service users’ dignity, support with personal hygiene, feeding, toileting etc while safeguarding and protecting them from any form of abuse (SOVA). I am highly skilled in implementing Person Centred Planning (PCP) starting from preparing the support plan to formulate the person centred reviews to ensure the individuals make an informed decision and also respecting and supporting their choice, wishes, aspirations e. g. oney management, housing, career development et al. I always maintain high level of confidentiality and excellent interpersonal skills which enable me to interact and communicate effectively with both service users and colleagues easily regardless of any form of barriers present. I work within the guidelines of â€Å"valuing People† at all time which has made me more sensitive to the diversity entrenched in our society and convince that promoting independence go a long way to enrich the individual’s ability, skills and knowledge no matter how minimal. Consequently I always research and evaluate support services available within and outside our local domain to achieve development by supporting the individual to access these relevant facilities e. g. gym, obtain/renew freedom pass, taxi card, supported employment, vocational training and colleges. I am skilled at promoting principles of inclusion by integrating and supporting the service users into the wider community by visiting museums, libraries, parks, travel training and other leisure centres. I perform group leading roles being a natural leader with high success by delegating responsibility to my colleagues within the group and mentor other new staff by guiding them through Eastway care culture of professional service delivery. I boast an enviable record of success as a team player and supportive member of staff team. I possess advance skills in numeracy and literacy with strong IT application knowledge. This has helped me to handle both service users’ money and company petty cash management properly on budget. As an Health and safety Officer skilled in risk assessment and management I approach my job with pragmatic attitude ensuring safety and security of the entire people in and around the premises by supporting the fire officers in carrying out safety and fire drilling activities including emergency procedures and testing, ensuring floor areas are free of any hazardous objects, inducting new staff and proactively maintaining functioning and safe equipment at all times while ensuring compliance to the established government laws and Eastway care policies and procedures on fire, health and safety. I am skilled in preparation and administration of medication as evident in my NVQ level 3 optional unit in addition to Eastway care training i. e. First Aid at work, RV training, administration of PRNs, Buccal midazolam, Rectal diazepam and other general medication. I enjoy learning as I believe nobody has monopoly of knowledge so I learn from others as and when required through exchange of feedback, supervision, on the spot enquiry to improve my work performance and awareness of individual service user’s needs to be able to work effectively. I have always believed that service users can and should have a dynamic, fun-filled and vibrant lifestyle and this has made me to be flexible towards my job in accordance to Eastway care policies and procedures by subjecting personal needs to the advantage of corporate demand. I possess skills and credible experience in supporting individual with challenging behaviour and have record of working with such individuals successfully. At this point I can state with confidence that I am more than equipped to perform brilliantly if considered for the post of senior community support worker and to continue to improve professionally learning more and adapting to the dynamic nature of our industry.

A Brief Guide to the Sociology of Globalization

A Brief Guide to the Sociology of Globalization The sociology of globalization is a subfield within sociology that focuses on understanding the structures, institutions, groups, relationships, ideologies, trends, and patterns that are particular to a globalized world. Sociologists whose research lies within this subfield focus on how the process of globalization has shifted or changed pre-existing elements of society, new elements of society that may have evolved in response to globalization, and the social, economic, political, cultural, and environmental implications of the process. The sociology of globalization contains the study of economic, political, and cultural globalization, and importantly, examines the interplay of all three aspects, as they are all mutually dependent on one another. When sociologists focus on the economic aspects of globalization, they examine how the capitalist economy has evolved from a pre-globalization state. They research legal changes in the regulations of production, finance, and trade that either facilitated or are responses to the globalization of the economy; how the processes and relations of production are different in a globalized economy; how conditions and experiences of labor, and the value of labor, are particular to a globalized economy; how globalization changes patterns of consumption and distribution; and what may or may not be particular to the business enterprises that operate in a global economy. Sociologists have found that the deregulation of the economy that allowed for its globalization have led to a rise in insecure, low-wage, and unsafe work around the world, and that corporations have amassed unprecedented levels of wealth during capitalism’s global epoch. To learn more about economic globalization, see the work of William I. Robinson, Richard P. Appelbaum, Leslie Salzinger, Molly Talcott, Pun Ngai, and Yen Le Espiritu, among others. When studying political globalization, sociologists focus on understanding what has changed or is new about political institutions, actors, forms of government and governance, the practice of popular politics, modes of political engagement, and the relationships between them in a global context. Political globalization is intimately connected to economic globalization, as it is within the political realm that decisions about how to globalize and run the economy were and are made. Sociologists have found that the global era has wrought entirely new forms of governance that are global in scope (the transnational state), made up of organizations of heads of state or high-level representatives from many nations who determine the rules for global society. Some have focused their research on the implications of globalization for popular political movements, and have illuminated the role of digital technology in facilitating globalized political and social movements that reflect shared idea s, values, and goals of people all over the world (like the Occupy movement, for example). Many sociologists carve a distinction between â€Å"globalization from above,† which is globalization determined by the leaders of transnational corporations and the transnational state, versus â€Å"globalization from below,† a democratic form of globalization called for by popular movements. To learn more about political globalization, see the work of Josef I. Conti, Vandana Shiva, William F. Fisher, Thomas Ponniah, and William I. Robinson, among others. Cultural globalization is a phenomenon connected to both economic and political globalization. It refers to the export, import, sharing, repurposing and adapting of values, ideas, norms, common sense, lifestyles, language, behaviors, and practices on a global scale. Sociologists have found that cultural globalization occurs via the global trade in consumer goods, which spreads lifestyle trends, popular media like film, television, music, art, and material shared online; through the implementation of forms of governance borrowed from other regions that reshape everyday life and social patterns; the spread of styles of conducting business and of working; and from the travel of people from place to place. Technological innovation has a great impact on cultural globalization, as recent advances in travel, media production, and communication technology have brought wide-scale cultural shifts across the world. To learn more about cultural globalization, see the work of George Yà ºdice, Mike Featherstone, Pun Ngai, Hung Cam Thai, and Nita Mathur.

Nursing Practice and Decision Making Essay Example | Topics and Well Written Essays - 2500 words

Nursing Practice and Decision Making - Essay Example Once the patient is relaxed, the chief complaint must be assessed, followed by anamnesis morbid. In this case, the patient stated that he had never felt a pain of this nature before, suggesting that this could be the onset or acute phase of a particular illness (Rogers, A., & Pilgrim, 2010). Therefore, it is necessary to assess the life history of the patient in order to reveal the underlying causes of this pain (Edwards & Elwyn, 2009). In the review of Mr. Singh, there were indications that he was susceptible to cardiovascular diseases. The risk factors that were obtained from the assessment of Mr. Singh include hypertension, which was previously diagnosed and presently at 160/100. Mr. Singh was also a smoker who was suffering from depression and anxiety (Goldberg & Fawcett, 2012). In addition to these factors, Mr. Singh also had been previously diagnosed with hyperlipidemia and type II diabetes which made him susceptible to diabetic heart disease. Due to the fact that the parameter s were normal except for his blood pressure and the sense that he was at risk of developing a cardiac disease, Mr. Singh had to undergo several additional tests to determine his cardiac function. There is a need for shared decision making as Mr. Singh did not present any major signs or symptoms upon his visit to the hospital (Thomson, Kinnersley & Barry, 2012). Other further complications in Mr. Singh’s situation will also be analyzed in the following sections when analyzing the psychosocial issues involved.... Once the patient is relaxed, the chief complaint must be assessed, followed by anamnesis morbid. In this case, the patient stated that he had never felt a pain of this nature before, suggesting that this could be the onset or acute phase of a particular illness (Rogers, A., & Pilgrim, 2010). Therefore, it is necessary to assess the life history of the patient in order to reveal the underlying causes of this pain (Edwards & Elwyn, 2009). In the review of Mr. Singh, there were indications that he was susceptible to cardiovascular diseases. The risk factors that were obtained from the assessment of Mr. Singh include hypertension, which was previously diagnosed and presently at 160/100. Mr. Singh was also a smoker who was suffering from depression and anxiety (Goldberg & Fawcett, 2012). In addition to these factors, Mr. Singh also had been previously diagnosed with hyperlipidemia and type II diabetes which made him susceptible to diabetic heart disease. Due to the fact that the parameter s were normal except for his blood pressure and the sense that he was at risk of developing cardiac disease, Mr. Singh had to undergo several addition tests to determine his cardiac function. There is need for shared decision making as Mr. Singh did not present any major signs or symptoms upon his visit to the hospital (Thomson, Kinnersley & Barry, 2012). Other further complications in Mr. Singh’s situation will also be analyzed in the following sections when analyzing the psychosocial issues involved. After clinical assessment, Mr. Singh was diagnosed with Acute Coronary Syndrome, and was referred to the call of medical team for admission. There are several stages that are involved in the assessment of Acute Coronary

State of Economy Before the Civil War and Its Grounds Assignment - 1

State of Economy Before the Civil War and Its Grounds - Assignment Example It all went to neglect at a stage in history when political discontent emerged among American-Liberians who wanted and apparently claimed political dominion which could have possibly triggered Charles Taylor (Liberia – First) to pursue an invasion of Liberia when he sought great opportunity at convincing two ethnic groups to redress the prevailing disorderly situation. This move initiated higher conflicts that involved certain tribes as the Gios and the Mandingoes (Liberia – First) who eventually became rebels whose misconception of grounds and events drove them to hatred and aggression that led to the waging of bloody Liberian civil war in Africa. It truly saddens to realize that it was merely a politically generated war which was not even founded on a patriotic cause that should have taken the welfare of Liberian citizens, especially the innocent ones to account. I could not bear to ponder about the exploitation of natural resources by the warlords who were reluctant to negotiate and settle in peaceful terms with the enemies as they gained huge advantage over the fact that disputes had been able to cover their greed and corrupt intention toward the country’s revenues and vast resources of timber, iron ore, rubber, diamonds, and gold. Because of their selfish interest to stay in power, wickedness further maintained this status by utilizing the profits with resources to buy or produce more weapons or deadly tools that killed over 200,000 excluding a million others (Liberia – First) who took refuge beyond Liberia. According to the Bureau of African Affairs: â€Å"The 1989-2003 civil war had a devastating effect on the country's economy. Most major businesses were destroyed or heavily damaged, and most foreign investors and businesses left the country. During the administration of Charles Taylor, relations between Liberia and  its West African neighbors became seriously strained. The outbreak of civil war in Liberia and the long dominance of Charles Taylor soured bilateral relations (Background Note).†

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.