Monday, September 30, 2019

Principle of Earth Science Essay

The three stages according from the oldest to the youngest formation are granite, basalt and lastly andesite formation. This will discuss about the formation, composition, type of intrusion and cooling history of each stages. The granite formation is the oldest stage since granite is formed usually beneath the crust about 1. 5 km up to 50 km depth. Primarily, granite is composed of silicon and alumina about 72. 04% and 14. 42%, respectively. The formation of granite occurs through extreme metasomatism. Through metasomatism, elements are brought out by fluids like potassium and calcium to convert the metamorphic rock to granite. According to Himanshu K. Sachan (1999), granite in the northern Himalaya starts its cooling history at 705 Â °C and continued up to 650 Â °C in the range of 1. 2–2. 8 kbar. The next stage is the basalt formation. Basalt is composed of magnesium oxide, calcium oxide and low amount of silicon, sodium oxide and potassium oxide. The formation of basalt occurs when there is a volcanic eruption either under or above the. Mostly the formation of basalt occurs underneath the sea. Through the introduction of water the magma hardens to form the basalt. Basalt forms between 50km up to 100 km depth within the mantle and 150 km up to 200 km for some high-alumina basalt. The next stage will be andesite. The youngest of the formation is the perpendicular andesite. After basalt, the most common volcanic rock would be he andesite. The main composition of andesite is silica about 57%. Andesite is formed either by frictional crystallization or magma mixing with felsic rhyolitic. Melting and assimilation of rock fragments by rising magma to the surface form andesite.

Sunday, September 29, 2019

Organizational behavior term paper

Dear Sir I am delighted to submit an original term paper entitled â€Å"Study of Organizational Behavior in Bangladesh Organization† by my own for consideration of participating n a part of your instruction. We previously reveal all the portion of the course – Organizational Behavior through your smooth direction, and this term paper builds from our fascinating sketch to determine the condition of behavior management through the industry in this country. In this work I tried to elaborate a abbreviated picture of behavior management in Bangladesh organization.I believe that this manuscript is appropriate to find the satisfactory requirement of your consideration whatever you demanded. I hereby declare that this term paper is my own work and the paper has not copied from anyone. Effort and all other sources of information contained therein have been acknowledged. Thank you for your consideration. Sincerely, University of Asia Pacific. Acknowledgement First I am very grate ful to my Almighty for whom I can compose this research paper successfully in due time. I am obliged to my honorable instructor, Mr..Cadenzas Chowder under whose guidance and support, this term paper is composed with patience and sincerity. He always motivated us to work on this topic. I would also like to thank Mr.. Human Kabuki, deputy general manager of Crony Group who helps me y giving his valuable time to complete the survey in his own place. The theoretical abstract I have used in this paper is based on the text part of the course – MURMUR and on the lecture of the instructor. I also insert some theoretic division from other eBooks. Table of Content Chapter Title Page No Chapter 1 1. 1 Introduction 8 1. 2 Objective 1. 3 Methodology 9 1. 4 Limitation 1. Scope Chapter 2 Literary Study Chapter 3 Company Profile 32-36 Chapter 4 Findings of Study 37-42 Chapter 5 Conclusion Chapter # 01 Introduction Management is the set of obligations which manage an organization by planning , organizing and leading and directed at an organization's resources with the aim of achieving organizational goal in an efficient and effective manner. In an organization every manager has to manage the organizational resources and the goal would be always as productivity. In early age the managerial role of every organization find the financial, physical and human as a tool of resources to get the goal like productivity.But today the management of organization rethink that the human resources are not only as a tool of business. They have a colorful mind which works differently in the time of work in terms of productivity. It has to be managed to reflect a better output in terms of productivity. So from when the management starts to manage the behavior of human resources then a new theory of management was spring upped through the society of organizational management called behavior management or organizational behavior. Organizational behavior is the systematic study of human beha vior, attitudes and performance within an organizational setting.In every organization there are some people who work in it. Different people has different act of behavior. Sometimes the company is affected by these different behaviors in terms f productivity. Then it would be essential to manage their behavior by the managerial role of the organization. When they do so, then it would be called that the organizational behavior is applied through the organization. In modern time every organization need to manage the behavior of their human resources in order to survive within competition, because it has an ability to arise some extra output by the same resources in terms of productivity.In order to provide an understanding of what goes on at the organization, we need to study about the whole animation of the organization. In this term paper I observe the managerial action of a company and find out some level of observation to identify the nature of management. The whole work whatever I performed in this study was based on the behavioral management that ponders the management of the human resources in terms of behavior to bring out a better productivity in an organization. The main objective of this study is to find out that the behavior management is applied or not in an organization in real life.Dodo so, I had gone too very popular garment factory ;Bantu Color Tex' the mother factory of the ;crony Group† in Marrying. This is a labor intensive industry which deals with huge number of labors in terms of management within their daily operations. In order to survey the study I had meet with their some top and mid level employee as well as managerial role especially ;Mr.. Human Kabuki† the depute general manager who assemble me with their whole management of behavior management for their workers. 1. Methodology All the information of this study was collected on both primary and secondary sources. The secondary sources were used for fixing the theoretica l part of the paper and the primary sources was used to gather the information that related to the analyzing section. All the findings of the research section is animated by my own piece of study that gathered from the direct meetings with the deputy general manager of ;crony Group†. During the time of study there are some limitations which arise and biased my direction of efficiency.First of all the time shortage was a big problem to complete the paper effectively. Secondly the unmanageable path through which I had to go to the managerial role to complete the survey. Thirdly the time of interview, this was too short to know the complete sketch about the company. And after all the immunization via; the communication via with the people during the study was in local language. So it kills my lot of time to translate their word to our program language. And I have also need to explain some basic concept of organizational behavior briefly to the manager.During the time of the surve y of this report I also face a unique problem to meet the requirements. That was the weather. The report covers the whole picture of behavior management of Crony Group. This report especially emphasizes on the different categories of the managerial role to manage the labor to upgrade the productivity. In future if any report or research paper or term paper is processed to make about human behavior management then this piece of work will help and indicate some scope to implementation in effect.Chapter # 02 Meaning of Organizational behavior Organizational behavior is the systematic study of human behavior, attitudes and performance within an organizational setting; drawing on theory methods and principles from such disciplines as psychology, sociology and cultural anthropology to learn about individual perceptions, values, learning capacities and actions while working in groups and careful application of knowledge about how people- as individuals and as groups- act within the total o rganization; analyzing the external environment's effect on the organization and its human resources, missions, objectives and strategies.Fundamental concepts connected with Organizational behavior Fundamental concepts are basic principles that form a strong foundation for BOB. B has a set of fundamental concepts revolving around the nature of people and organizations. The Nature of People The six basic concepts relevant to the nature of people are: Law of individual differences-Each person is substantially different from all others in arms of their personalities, needs, demographic factors and past experiences and/or because they are placed in different physical settings, time periods or social surroundings.This diversity needs to be recognized and viewed as a valuable asset to organizations. Perception- Perception is the unique way in which each person sees, organizes and interprets things based on their background of individual differences. Each person reacts not to an objective world, but to a world Judged in terms of his/her own beliefs, values and expectations. Sometimes it may lead to selective perception in which people tend to pay attention to only those things that are consistent with or reinforce their own expectations.Selective perceptions may lead to misinterpretation of single events at work or create a barrier in the search for new experience. Managers need to recognize the perceptual differences among the employees and manage them accordingly. A whole person- People function as total human beings. People are physical, mental, social and spiritual beings and the organization actually employs the whole person rather than certain characteristics.There are spillover effects between the work life ND life outside work and management's focus should be in developing not only a better employee but also a better person in terms of growth and fulfillment. If the whole person can be developed, then benefits will extend beyond the firm into the larger socie ty in which each employee lives. Motivated behavior- Individual's behavior is guided by their needs and the consequences that results from their acts. In case of needs, people are motivated not by what others think they ought to have but by what they they want.Motivation of employees is essential to the operation of organizations and the biggest challenge aced by managers. Desire for Involvement-Many employees actively seeks opportunities at work to become involved in relevant decisions, thereby contributing their talents and ideas to the organization's success. Consequently, organizations need to provide opportunities to the employees for meaningful involvement. Value of the Person- People wants to be treated with care, dignity and respect and increasingly they are demanding such treatment from their employers.They want to be valued for their skills and abilities and to be provided with opportunities to develop themselves. For performing these roles, skills required by the managers are: 0 Technical Skills- The ability to apply specialized knowledge or expertise 0 Human Skills-The ability to work with, understand, and motivate other people, both individually and in groups Conceptual Skills-The mental ability to analyze and diagnose complex situations Framing the study of Organizational behavior The study of B involves A. He Organization's Environment B. The Individual in the Organization C. Interpersonal Influence and Group Behavior D. Organizational Processes, Structure and Design Models of Organizational Behavior Models of Organizational Behavior constitute the belief system that dominates management's thought and affects management's actions in each organization. It is very important for the managers to recognize the nature, significance and effectiveness of their own models as well as the models of others around them.Assumptions about Employees- Theory X and Theory Y by Mac Gregory (1957) THEORY X The typical person dislikes work and avoids it if possible The typical person lacks responsibility, has little ambition and seeks security above all Most people must be coerced, controlled, and threatened with punishment to get hem to work With these assumptions the managerial role is to coerce and control employees THEORY Y Work is as natural as play or rest . People is not inherently lazy.They have become that way as a result of experience People will exercise self direction and self control in the service of the objectives to which they are committed People have potential. Under proper condition they learn to accept and seek responsibility. They have imagination, ingenuity and creativity that can be applied to work With these assumptions the managerial role is to develop the potential in employees and help hem release that potential toward common objectives.Five Models of Organizational Behavior- The five models of Organizational Behavior – Autocratic, Custodial, Supportive, Collegial and System, in the order mentioned, represent the historical evolution in management practice. Organizations differ amongst themselves in the model practiced by it. The practices may vary within the departments or branches of one organization. Also, the practices of individual managers may differ from their organization's prevailing model because of the manager's personal preference or different conditions in their department.The models of organizational behavior Autocratic Custodial Supportive Collegial System Basis of Model Power Economic resources Leadership Partnership Trust, Community, Meaning Managerial Orientation Authority Money Support Teamwork Caring, compassion Employee Orientation Obedience Security and benefits Job performance Responsible behavior Psychological ownership Employee psychological result Dependence on boss Dependence on organization Participation Self discipline Self motivation Employee needs met Subsistence Security Status and recognition Self actualization Wide range Performance result MinimumPassive cooperation Awakened drives Moderate enthusiasm Passion and commitment to organizational goals. Motivation MOTIVATION Motivation: the processes that account for an individual's intensity, direction, and persistence of effort toward attaining a goal, specifically for B, toward attaining an organizational goal. Intensity: how hard a person tries to meet a goal. Direction: efforts are channeled toward organizational goals. Persistence: how long a person maintains effort toward a goal. The Motivational Framework Visualizing how motivational processes occur Need: Anything an individual requires/wantsNeed deficiency: Leads to need to satisfy the need Goal-directed behaviors: Result from trying to satisfy the need deficiency Rewards/ Punishments: Consequences of the goal directed behavior EARLY THEORIES OF MOTIVATION Mascots Hierarchy of Needs Theory Figure: The Hierarchy of Needs Adapted from Abraham H. Moscow, â€Å"A Theory of Human Motivation,† In this, perhaps best known (and least supported) of all motivational theories, Abraham Moscow proposed that there are five levels of human needs. As each of the lower level needs are satisfied, the next unsatisfied need becomes dominant.Satisfied needs no longer motivate, only unsatisfied needs motivate people. Physiological: lower order need, includes hunger, thirst, shelter, sex, and other bodily needs. Lower order needs are satisfied externally, through forces outside of the person. Safety: lower order need, includes security and protection from physical and emotional harm. Social: upper order need, includes affection, belongingness, acceptance, and friendship. Upper order needs are satisfied internally, that is, from within the person. Esteem: upper order need, includes internal (self-respect, autonomy, and achievement) and external

Friday, September 27, 2019

Regal Marine Essay Example | Topics and Well Written Essays - 500 words

Regal Marine - Essay Example The product life cycle has four stages: introduction, growth, maturity, and decline. During the introduction stage sales are low because there are few customers buying the product (Netmba, 2011). The product needs advertising in order to attract new customers. The profits during this stage are nonexistent due to the fact that expenses are high and sales are slow. Regal Marine losses money when new boats are introduced, but eventually if the products survives and stays in the market during its entire product life cycle the firm generates a profit from the model. The maximum amounts of profits are generated during the growth stage. The growth stage of the product life cycle is considered a period of rapid market acceptance and substantial profit improvement (Kotler, 2003). Regal Marine should produce a lot of units during this stage. Investments made in advertising during this stage have a high return. The third stage of the product life cycle is the maturity stage. Competition is high during this stage which causes sales to decline (Valuebasedmanagement, 2011).The firm should lower its advertising expenses during this stage because the product is well known. The final stage, declining, is a period of downward sales and eroding profits. At the end of the declining stage the boats model is taken off the market.

Classic film research Movie Review Example | Topics and Well Written Essays - 1000 words

Classic film research - Movie Review Example My least favorite character will also be discussed. The character’s performance will be analyzed giving reasons for choosing the character as the least favourite. Finally, the essay will have a conclusion. Overview of the film The film is about a troubled man, George, who feels the need to commit suicide due to the troubles he has been encountering in his life. His friends and family from being concerned, offer prayers that eventually reach heaven and thus an angel, Henry, is challenged to save George in exchange of him earning wings. George lived his life being selfless. He gave up his wishes and ambitions in life for other people. However, his kindness did not reap him much since he faced a number of challenges in his life. For example, his father died, and his brother did not keep the agreement they made concerning what would happen after his brother graduates (James 53). George loses the hearing on his left ear while trying to save his younger brother. This cost him an opp ortunity to enlist when World War II erupts (James 63). Georges Company also fails when his uncle, Billy, loses a lot of money from the company on his way to the bank on Christmas Eve. These frustrations are the main reason that lead to George deciding to commit suicide and that’s when Henry, the guardian angel appears to him before he commits suicide. Henry has been given a challenge of ensuring George does not commit suicide, and thus he has appeared to start on a journey of achieving this. George’s life turns around (James 77). From the film, it can be deduced that the film makers had an intention of teaching the audience a lesson. The film revolves around a number of themes. Selflessness is a virtue that the film makers were trying to bring out. George was a selfless person. He gave up many of his dreams for his family and friends and asked for nothing in return. This is what a selfless person would do; give up one’s ambition for the good of others. There is no place in the film that portrays George taking advantage of others including his family and friends for his own benefit. Love is also another theme that comes out from the film. Georges family and friends saw what he was going through, and because of the love they had for him, they took the time to pray for him. Patience is another virtue portrayed in the film. Though George almost gave up the last minute, he practiced patience in most part of his life. He went through so much, but he kept trying. Taking initiative was another teaching that the film makers tried to bring out. The guardian angel, Henry, took the initiative of coming to earth jus when George needed him the most and was determined to make sure he saved George (James 140. Through these themes, the film makers were able to achieve the intentions they planned to teach the audience about life. They used the various characters life experience, attitude, and behavior to teach the audience about issues in life. For example , George’s life experience taught the audience about being patient. That life is not always smooth. It also achieved in teaching the audience that selflessness pays. That it’s important to be good to other, because through George always being there for his family and friends they were able to love and are for him when he needed them (James). Other characters like the guardian ange

Thursday, September 26, 2019

Critical Anaysis of The Stranger by Albert Camus Essay

Critical Anaysis of The Stranger by Albert Camus - Essay Example The sun is the motif of the novel, where it affects the personality of Meursault and his reaction to his setting and conditions in life. The sun represents the existentialist philosophy of Meursault, where the natural absurdity of the setting and its plot are designed to illustrate that detachment is a natural response to the meaninglessness of human existence. The sun stands for the existentialist philosophy of Meursault, a philosophy that Camus himself believes in. Christian argues that Camus believes in an existentialist philosophy of â€Å"the Absurd† (92). He stresses that for Camus, the world and man per se are not absurd, and instead, the relationship of man with his environment is absurd (92). He maintains that people demand things from a world that cannot fulfill them, and so to exist with true hope for the fulfillment of dreams is â€Å"absurd† (92). Meursault lives life like a sun, where to exist is to accept whatever happens without any attachment to them. H e has an extremely disconnected attitude towards his mother’s death, for instance. He says at the beginning of the novel: â€Å"MOTHER died today. Or, maybe, yesterday; I can’t be sure† (Camus 4). He does not care for details when it comes to death. He values his mother enough to attend her funeral, but he does it out of duty, as a son. He does not even peek into his mother’s coffin, which people in the funeral find troubling. Strangers cry for her, while her own son does not even shed a tear. In addition, Meursault is not overly concerned of the prospect of dying himself. Death is not something that can stir him from his realization that nothing in life is worth pouring his passion over. His existence has come from nothing and will end up as nothing and that is the way life is. The sun heats up the setting and melts away any possible meaning in human action and agenda. The sun is a natural element of life’s natural cycle. The blackness of the fune ral of Meursault’s mother is distinguished because of the sun. Meursault, nevertheless, finds no meaning in these rituals and beliefs about the dead. The black colors of the hearse and horse and the noxious scents of the environment only serve to dull Meursault’s senses. In short, the funeral makes him want to sleep it away. Blackness means nothing, while sleeping is something that is more directly experienced. Furthermore, the sun also increases the temperature enough to make people live without concern for their actions. Meursault tumbles in his life in a state of coma and existence, because he always feels hot and uncomfortable. He wants to hurry up the funeral, because he feels the physical discomfort of standing under the sun. The Marengo landscape is illustrated as â€Å"something inhuman, discouraging† (Camus 11). Camus indicates that Meursault cannot be completely blamed for his absurdist approach to life, because his environment is disconcerting too. Vo n Dehsen calls it the â€Å"unreasonable silence of the world† to people who want to find meaning in life (39). Meursault realizes that his boss dislikes the fact that he will have several days off. His boss is only after making more money from his employees and is not truly concerned for him to attend his mother’s funeral and go over his grief. The society is not concerned of meaningful human existence too. Meursault’s relationships are important events in his life, as the plot reveals, but he

Wednesday, September 25, 2019

Surveillance and Democracy Essay Example | Topics and Well Written Essays - 2250 words

Surveillance and Democracy - Essay Example As seen in s8(2) there has been built into the statute several exceptions which leaves the law somewhat open to interpretation. Firstly, as held in Malone v UK (1984) 7 EHRR 14, the right to respect for private and family life, home and correspondence is not to be infringed upon unless there is statute to the contrary to which the citizens are aware. As stated in Taylor (2002) the EU court has been especially stringent with regard to personal communications (see Kopp v Switzerland (1999) 27 EHRR 91). In this case, the court held that state infringement upon private communications of the citizens displayed a serious breach against their right to a private life. The EU Convention of Human Rights has maintained that if there is to be a breach of citizen's right to private life it must be for a specific legal purpose, that is to say supported by legal statute. The last area to consider within the framework of the EU Convention of Human Rights is to ascertain the balance of individual citizens' rights against that of the greater good. In short, according to Taylor (2002) this balance requires a test of proportions, essentially measuring the pros and cons. In short, it is imperative that the state within the legal framework on a case by case basis weigh the facts and determine if the great good will outweigh the individual infringement upon an individual citizen. As stated previous the EU as found in the Human Rights Act and as discussed previous has upheld that any infringement must be legitimized by state statute. This was upheld with regard to the tapping of personal phones in the UK. In Malone v Metropolitan Police Commissioner No.2 [1979] 2 WLR 700 the court held that the police had used a wiretap to obtain information regarding the defendant's criminal activity. As the UK had no statute on the books legitimizing the wiretap and therefore infringement on the defendant's right to privacy with respect to personal communications the conviction was overturned upon appeal to the EU. Even though there had been prior precedent for wiretapping as established by the government without a binding legal framework, the EU found the legitimate exception rule had not been met. In an attempt to reactivity the lack of statute the UK passed the Interception of Communications Act 1985. However this act provide ineffective in providing the legal framework necessary to obtain little more than wiretaps for public telephones. In case and after case specific modes of communication were found to be exceptions to this law (i.e. cordless telephones, private networks etc). The statute was tested even further when the police used a listening device to obtain a confession and eventual conviction of a heroine smuggler. On appeal within the UK in (R v Khan [1996] 3 WLR 162, the court found that even if the confession were to be determined later to be in breach of s(8) the court could not justify overturning the verdict. The defendant did appeal to the EU and the court found t

Tuesday, September 24, 2019

The Role of the Special Needs Assistant Assignment

The Role of the Special Needs Assistant - Assignment Example It is evidently clear from the discussion that in connection with the various types of help that are essential for the learners, first of all, one should understand that children are different in all aspects, and according to their capacity different types of strategies should be used to inculcate new ideas in them. There emerges the importance of the new provision SNAs, that is, special needs assistants together with a number of resource teachers. It satiates the need of one to one support for pupils in the mainstream schools. Special needs assistants have now proved as an integral part of the educational system of Ireland. Sally Beveridge, Senior Lecturer in Special Educational Needs confirms the role of SNA when she writes, â€Å"†¦all teachers are teachers of pupils with special education needs, with a central role not only in their identification and assessment but also in developing classroom strategies to meet these needs. Researches underline the fact that children have cognitive limitations or other mutilations that may hinder their academic and non-academic development and pave the way for poor classroom performance. Many countries developed sufficient methods and strategies to solve and modify the system of education. Previous studies reveal that Ireland’s educational policy has changed towards enclosure in accordance with the international trends and acceptance. Learning and other behavioral disabilities paved the way for the emerging of new stipulation Special Needs Assistance (SNA) that support the students to overcome his/her learning disabilities in schools. In Ireland, special needs assistants became an integral part of the education scenario. A research article in The Frontline writes, â€Å"Almost 70% of the SNAs surveyed were assigned to one pupil only, and 23% were assigned to two pupils†. The changing nature of Special Needs Assistants serves more serious responsibilities.

Monday, September 23, 2019

It is the Introductory Memo assignment Example | Topics and Well Written Essays - 500 words

It is the Introductory Memo - Assignment Example Attaining the position of the Finance Advisor for a company is my ultimate long-term goal. I aim to express exceptional performance in my writing course for this semester. I will strive to internalize every information taught in class. Moreover, I will put into practice the skills learnt in the entire course into a real life situation. I hope to do part-time secretarial job during the vacation, where I will adequately apply the attained business and technical writing skills. I intend to perfect my writing skills by the end of this course. I have vast experience with computers. I usually use my Samsung laptop when at home. My Samsung laptop has the following specifications, Core i7 with a processing speed of 4.00 GHz, and windows 8 installed. I recently worked in Dell Inc. and my key responsibility was to write the incorporation’s newsletters as well as updating the company’s website. These duties greatly improved my writing skills. My earlier workplace was in Coca-Cola Company, where compiled financial report for the company. Some of my achievements include participating in swimming competition, in which I emerged the best. I enrolled in a driving school and attained a license after completing the course successfully. I have also attained a driving license after completing the driving course. I will also list this course among my achievement after completing it successfully. My desire is to excel in both technical and business writing course. I developed an interest to enrol in this course because of what I experienced at my previous workplace. I expect to develop good communication skills by the end of the course. Few business and technical writers exist, and I view this course as an opportunity from which I can earn a living after successfully completing it. In addition, I would want to assist students that struggle to improve their business and technical writing

Sunday, September 22, 2019

Information Technology for Managers Essay Example for Free

Information Technology for Managers Essay Introduction In a fast rising popularity of technology, companies will use this to gain a competitive advantage. IT works in helping businesses reach their strategic goals. In the case for Sophia the goal would be to drive up her sales to meet with the standards that stiff competition has set up. Not knowing much about technology, Sophia would require help from an outside source in order to have the technology portion running smoothly. Website One of the best ways to improve the IT component is to open up a website with the help from the website onepageapp. com. This vendor is perfect for small companies to start up a website to your liking. One page app would assist in the purchase of a domain name for the site people go to visit. With a drag and drop interface the site being designed to Sophia’s preferred theme and the main content she would prefer on the site. One page app offers a few monthly plans starting from eight dollars all the way to two hundred. In Sophia case, the best plan would be the twenty nine dollars a month that includes up to twenty additional users, forty newsletters a month and even priority support if having any issues within the website. One of the best incentives here is that when launching with one page app it also creates a website version for mobile phone and tablets. With the increased use of smartphones and the emergence of ipads, people who use these devices on the often can view your website in read able and simple form. Another excellent feature one page app offers is engine optimization. The high use of search engines a good way to have website noticed is through the search results. With proper formatted HTML, Meta tags, meta descriptions, and sitemaps the results on search engines would attract more people viewing the website (OnePager, 2013). Sophia would be given useful analytics with one page app as the traffic the site receives would be documented along with the keywords used to gain the hits. The knowing of the keywords is valuable as we can use this information on seeing what foods people are searching on the web and what products are getting them redirected to Green Peppers website. Trying to further promote the interested item menu would only draw more interest from customers. Onepager allows for a great two stay connected  with customers. Having customers sign up for newsletters can have Sophia sending mass emails to subscribers for upcoming events and new menu items they may have. It’s a great way to keep good relation by also sending coupons for deals and such. If Sophia has trouble understanding these new online concepts she can elect to hire a part time employee or increase the duties of a current employees to keep the website updated. Constantly updating the site is crucial to stay competitive with any other restaurants. Twitter Social Media is a great way for small companies to get some easy exposure. As of September of 2013 there are 200 million twitter users (Canadian Press, 2013). With so many users using one application, generating awareness of a company proves to be beneficial. Having a company twitter account is a great way in getting Sophia’s restaurant known. Twitter can help generate feedback on previous customer experience and ways they could make some improvements. This has worked well with some bigger companies where a customer would tag the business in their tweet expressing some displeasure and the company comes up with a reply to compensate the experience with apologies or even future deals. Customers have already had issues with Green Peppers ordering techniques and this would be a good way for Sophia to gather some feedback. Green Pepper could also seek suggestions on different types of recipes customers would like to see being served. It would allow for them to add menu items that have potential on gaining popularity. Green Pepper would also be able to see what customers are saying about the local competition when it comes to service they provide and quality of food they tend to serve. This benchmark is probably the best when measuring the success of your current business. Opening a twitter account is completely free and very easy to use. Tweets could be sent from any smartphone making it convenient to access for all users. Tweeting out special promotions going on would bring in more customers and consumers are always finding ways to eat for less money. Hash tags are a great way to research what most of the world is talking about. For example, if a celebrity tweets about how much they love Indian or Chinese food, it would provide Green Pepper with a great opportunity to  tweet something to its followers referencing that comment to keep Green Pepper relevant. Facebook Like twitter, having a Facebook account is free. With a positive word of mouth rating of a restaurant being most valuable to a company, Facebook is a good tool to enforce that. Facebook allows for Green Pepper to post restaurant’s menu and updates for its followers to see. Green Pepper can take pictures of their most visually appealing menu items and post the pictures for display in order to entice more customers. They can show videos on the process they take into making the Indian fused Chinese dishes. Fusion food being seemed risky for some consumers, they can showcase the dish on the flavors added and how it is prepped. Listing the benefits of the human body that certain spices can offer, appeals to many health conscious customers. Keeping the account active is the most important as the regular customers who eat at Green Pepper would want to know what deals are occurring. It’s a great way to engage with the customers and making their personal experience at Green Pepper the best it could possibly be. Major fast food chains take great advantage of this by offering coupons online for their followers and always encouraging them to follow them on social media sites like Facebook and twitter. (Brandon, 2011) Replying to a post that a customer had at Green Pepper makes it feel more personal and the customer feels more satisfied as their questions and concerns are being noted by Sophia. Since Green Pepper is a small restaurant every negative comment about the service is a big issue on the company’s image. Having a negative word of mouth comments spread can cause customers to decline fast. Getting customers to partake in polls and quizzes is a free research base as companies can get a lot of info based on the poll results (Eldon, 2009). Offering the meals that customers prefer is an important way in staying relevant. Having someone over-look the operation of Facebook could be great by hiring a part time employee or even increasing the responsibilities of a current employee working at Green Pepper. Group on Groupon is website offering deals that many businesses are taking part in. Restaurants can offer deals on menu items for a fraction of cost if bought on Groupon. This is a great way into bringing customers into the restaurant and having them try other items on the menu and if they are satisfied with the service they could become returning customers. Another incentive is when a voucher is purchased not every customer goes and actually uses it. Many vouchers do have an expiry date and if the customer waits to long the voucher would no longer be valid and Green Pepper would still get half the purchase cost of the voucher. Since Groupon is running their site the only costs occur when the voucher is actually bought from a customer as Groupon takes half that money. They work as a great middleman between Green Pepper and future customers. The downside of this route is that Groupon takes half the proceeds from the voucher. An example is having an 80 dollar menu voucher sold on Groupon for 40 dollars. Groupon then keeps 20 dollars of that and gives the remaining 20 to Green Pepper. Other flaws being seen in their business model in an article in Forbes magazine â€Å"Groupon’s biggest victims are the small businesses that get suckered in to accepting Groupons. Restaurants lose money on them because consumers flood the restaurants, order very low priced meals, strain waiters and cooks, get lousy service, and never return.† (Cohan, 2012). Sophia must know the capacity restrictions well and if offering a Groupon deal then must be fully staffed for that day. Allowing customers to leave the restaurant on a negative really affects the company image especially being a small restaurant. Recommendation The way for Green Pepper to optimize its profits would be to hire a part time employee to run the social media aspects in Facebook and twitter along with working with one page app and keeping the website updated. Many young adults have some experience in social networks and finding a University student who could work part time wouldn’t be difficult. They would oversee the twitter updates and tweeting on the regular. They could update the Facebook Photo album with menu dishes as well as keeping in contact with the customers leaving feedback on the social sites. One page app makes the design of the website so simple just would need the employee to making sure site is  running smoothly and keeping in contact with the developers if any problem occurs. They would work with Sophia and teach her a little about the technology components as one page app allows many users having access to the website. The switch to technology focus should not be a hard one but instead a smart one.

Saturday, September 21, 2019

Of Mice and Men Compared to La Strada Essay Example for Free

Of Mice and Men Compared to La Strada Essay This is shown by often showing her by the playful sea as well as being followed by animals and children throughout the film. Then there is Zampano, a rather dull muscle man who doesn’t think much before he acts. Yet, Gelsomina follows him with unwavering commitment throughout the film. Only once does she appear to doubt her place with him and shortly after us seeing her doubt her place the Fool, an innocent playful man, puts her back in the mindset that that is her purpose. After all everything has a purpose, even a pebble. The Fool, or Il Mato, is always messing with Zampano and is constantly outsmarting him. Right from the first time we see these two characters it is clear that Zampano despises the fool and eventually chases after him with a knife. The knife represents Zampano’s physical approach to things and how he is viewed in terms of masculinity. The Fool continues messing with Zampano, until Zampano accidentally kills him. His immediate thought it that his career is over and this shows just how physical he is and how he sees everything as â€Å"what can it do for me? †. He bought Gelsomina from her family, certainly not for her benefit but for his own. This behavior also shows in the way he treats Rosa, he views women as things that are there to benefit him. He didn’t realize his own strength and later says in the movie â€Å"It was only two punches, two punches! †. Here hes clearly trying to justify the wrong he unknowingly committed. This isn’t the only wrong. Towards the end of the film Zampano leaves Gelsomina with some money and her trumpet and years later finds out that she died because he left her there. I believe that him leaving her was foreshadowing her death because there is no way she would know what to do, she didn’t know how to survive without him. In Steinbeck’s Of Mice And Men, the main characters are the innocent simple-minded Lenny and his friend George, both of whom are very strong workingmen who travel around looking for physical labor that can be done. Lenny is mentally retarded and follows George like a puppy. George is often around animals, from the little mouse he was carrying in his pocket to the puppy he loved so much. In the beginning of the book George used to mess with Lenny because of his unwavering devotion but once he realized how genuine it was he stopped it immediately. George is described as a relatively strong man who is very smart and does the thinking for both him and Lenny. He watches out for Lenny and feels responsible for him. Lenny feels that his place is always right next to George. However in the end of this book George abuses Lenny’s trust and murders him with the gun used to kill Candy’s dog around the time they arrived. He even killed him the same way that they killed the dog, one shot, right to the back of the head. I believe Steinbeck having the dog killed, foreshadows the death of Lenny. Not just that he will die, but that someone who loves him will be the one to kill him. I think it shows that Lenny will die because he is always around animals, you’re supposed to associate him with animals and pets, and that this dog isn’t like most other dogs just like Lenny isn’t like most other people. They both have things working against them. For Lenny it’s being mentally retarded and for the dog it is the way that age has affected him. Both of these stories have a lot in common as far as archetypal symbolism goes. They both have the child-like, innocent character represented by Gelsomina and Lenny. By having these characters in these pieces the audience is given someone to care about and feel attached to. These two both act and are treated very much like children which makes it easy for us to see them in an innocent, positive light giving us someone to be interested in, we want to make sure they are okay and that nothing bad happens to them. There are many ways you can tell how innocent these characters are, both are shown with small animals a lot and Gelsomina is also shown in the same shot as the ocean a lot. These stories also have the physical male characters that very much affect the lives of the innocent characters. These physical characters would be George and Zampano, while these two characters themselves have very little in common as far as the time they lived and their profession their personal tales draw a surprising amount of parallels. These two are both protectors of the innocent characters, given the task to watch over them and are responsible for Lenny and Gelsomina. Both George and Zampano end up killing their innocent companion in the end. The deaths of Lenny and Gelsomina are both heavily foreshadowed. Zampano is very obvious with the fact that he doesn’t care what happens to Gelsomina and like having to take care of her. So when he leaves her by the side of the road it’s hard to be surprised because this was something you could see him doing to Gelsomina because he always treated her like a burden. However when George ends up killing Lenny it comes as a huge shock to the reader because he had always loved and protected him. Even though he didn’t want to kill Lenny it was for the safety of the people that Lenny interacted with so George felt he had to kill him. Both George and Zampano are very effected by the deaths of Lenny and Gelsomina. When they both realize what they have done, they return to the place where the story started. For Zampano and Gelsomina that is the ocean whereas for George and Lenny it is their own personal Eden in the woods. This is part of a reoccurring theme of cycles throughout these stories that are very important to the story. La Strada starts off with a shot of Gelsomina by the ocean, something much like her. It goes with the flow and doesn’t put up much resistance and is innocent and beautiful. At the end of the film, when Zampano has realized he is responsible for the death of Gelsomina he returns to the sea. The same is true for the beginning of Of Mice And Men, George and Lenny had just set up camp by a little river in the woods, a place where others had clearly been before. At the end of the book, Lenny was killed in that very spot after he ran away from the farm. These stories are both great examples of classic character archetypes and clearly show the heroes journey. Lenny and Gelsomina both clearly have a call to adventure, for Lenny it is going to work at a new farm with George and for Gelsomina it is when Zampano buys her from her family. They have their awakenings, Gelsomina’s is when the fool gives her the pebble and teaches her that everything has a purpose, George’s is when he crushes Curly’s hand. They have their helpers, the Fool and all the other men on the farm. Their transformations are a little different, for George it would be when he kills Curly’s wife and realizes he needs to run, for Gelsomina, though we don’t see it, it is when she realizes that she is alone and that Zampano has left her. Last of all is the return, unfortunately for our innocent characters this is tied into their deaths, and the actual killing/realization of their deaths.

Friday, September 20, 2019

Caring for Children: Roles, Regulations and Practices

Caring for Children: Roles, Regulations and Practices Describing the role of the practitioner in caring for children The role and responsibilities of an early years practitioner follow a number of codes of practice which clearly state how practitioners and other staff must conduct themselves. Chief amongst the codes presently in operation are those that govern special needs, safeguarding children, childrens learning, behaviour, working with parents, and data protection (Nutbrown and Clough, 2014). As Spodek and Saracho (2014) note, the early years practitioner has a clear set of designated responsibilities including: working to the principles of the sector and its codes of confidentiality; meeting the learning needs of each individual child by ensuring that issues of differentiation are met; providing and sustaining an environment that is warm, welcoming and stimulating; working with parents and partners; and working as part of a team that provides a quality service for both children and parents. In addition, the practitioner may also, especially in cases of suspected abuse, have to work with an array of outside agencies and conform to issues of child safety (Daniel, Gilligan and Wassell, 2011). In fulfilling their statutory duties, it follows that the practitioner must put the needs of children first because, as Bradshaw (2011) comments, this helps to keep children out of harm, and by keeping them safe, a productive environment can be created in which they can maximise their potential. It is imperative that practitioners respect others’ choices because failure to do so can cause friction between staff members and can negatively reflect on the setting and upset the children (Sylva et al., 2010). Further, there is a pressing need, as Willow (2014) suggests, to ensure that one always respects issues pertaining to confidentiality. This is because it can help a child stay out of trouble, keep them safe, and help them to develop into responsible adults. Seemingly of secondary importance, because it is removed from direct interaction with the child, but actually of just as much importance, is planning, recording and reviewing the child’s progress (Bradbury, 2014). This is important for two major reasons. First, the formal keeping of records allows the progress of children to be monitored and evaluated against national criteria (Bradbury, 2014). Secondly, it can help practitioners to be reflective upon their own strengths and weaknesses (Paige-Smith and Craft, 2011). This is not, however, merely an issue of internalisation, for such a process also helps when one is undertaking activities because one can evaluate how well the event went well, and from that, make improvements to ensure that in future events are even better planned. Indeed, such reflection is, as Paige- Smith and Craft (2011) contend, an essential function of effective practice. It is also important, as Sims-Schouten and Stittrich-Lyons (2014) recommend, to demonstrate responsibility in the way that one conducts oneself at work, as it helps the children to learn right from wrong. This is an important consideration because it is partly the responsibility of the professional (in co-operation with the parents) to teach the children and in this way one acts as a role model. The creation of a meaningful partnership with parents is also of pivotal importance as the latter can learn from the former as to what the child likes and dislikes – it also allows the parents to take a proactive interest and role in the raising of their children and may help them to ensure that the child’s development is in line with national curricular expectations (Read, 2014). Continuing professional development (CPD) is, as Sims-Schouten and Stittrich-Lyons (2014) explain, critical as it enables the practitioner to enhance their existent skill set and further learn from best practice. It also shows others that the practitioner is interested in helping the children to be the best they can be and that they are dedicated to their role – which may also be useful when seeking promotion or a change of professional employer. Observing children as a form of CPD also helps one to recognise the distinctive stages of a child’s development and this can help with the prioritising of a childs needs, particularly with regard to where they may need additional support (Carroll and McCullough, 2014). Lastly, within this section it can be commented that working as part of a wider team helps to create a positive environment for everyone to work within; by making people feel valued, this may increase self-confidence and productivity (Pugh and Duffy, 2013). Comparing the differing roles of statutory, private, voluntary and independent settings Many parents successfully adapt to changes in their lives and in so doing have the benefit of support from their family and friends to provide assistance if it is required. A significant number of families, however, face issues that affect family life in such a manner that they require professional assistance, or may be hampered by a lack of ‘family and friend’ support or a lack of internal ability to deal with change. Such factors, as Daniel, Gilligan and Wassell (2011) observe, include: financial difficulties, unemployment, divorce and separation, caring for others, bereavement, and social isolation. If one looks at each of these in turn it is possible to comment further on the individual problems that each factor may entail. Thus, with regard to financial difficulties it can be noted that problems faced are likely to be exacerbated where there is a low income family that cannot afford food or clothes or proper rent (Burchinal et al., 2010). Indeed, the rise in food banks within the UK gives a graphic illustration of this problem, as Sylva et al. (2010) note. Poor housing may also lead to feels of depression and declining health as a result of factors such as damp. With reference to unemployment, the loss of a job, and the resultant lack of income can, in addition to depression, lead to stress within relationships and may also result in other family members, such as young mothers, having to go out to work (Shonkoff and Bales, 2011). Unemployment may also lead to a loss of child care as parents cannot afford support whilst a mother is forced to work, possibly culminating in a separation of child from mother at a crucial stage of infant development (Read, 2014). Divorce and separation can also cause several problems which need addressing and assistance from trained professionals. The three major problems are loss of income, smaller housing and cramped conditions, and a sense of guilt on the part of the child for a parent leaving (Bradshaw, 2011). Such issues can create tension and stress that can impact upon development and behavioural issues. In a similar manner, caring for other family members or caring for someone with a long-term illness (such as elderly relatives) can result in additional costs and a perceived ‘rationing’ of care towards children which can cause emotional disturbance (Pugh and Duffy, 2014). Bereavement brings with it, as Read (2014) explains, emotional strain, and issues pertaining to dealing with grief – which may also affect the internal dynamics of a family’s daily life and routines. Finally, social isolation, with its associated lack of communication, may cause health concerns to worsen which need additional support. In such scenarios, it becomes clear, from the comments made above, that children and families may need additional support at certain times in their lives (Burks and Kobus, 2012). There are many organisations and self-help groups that can provide this support. These include, the National Childbirth Trust, the National Association of Toy and Leisure Libraries, the Child Poverty Action group, Home Start, Parentline Plus, Gingerbread, various elements of local authorities’ services, and the National Health Service. In addition, as Shonkoff (2010) has commented, there are many different settings where children can be cared for, including, but not limited to, respite care, holiday play schemes, parent and toddler groups, schools, workplace nurseries, child-minders, pre-schools, after school clubs, residential care, day nurseries and crà ¨ches. The suitability of the option chosen is likely to be influenced both by the specific issue that the family faces and their financial circumstances. There are three different sectors that provide care and education for children. They are: the statutory (or state) sector, voluntary sector, and private sector. The statutory sector is a sector that has to be there by law, such as local state-funded schools and hospitals. The age range that primary schools cover is from five years to eleven years old and they follow a set curriculum (Nutbrown and Clough, 2014). The aim of a state sector school or similar facility is to provide opportunities for the education of every child and to support their learning (Pugh and Duffy, 2014). In so doing, they provide a safe and secure environment for children, which keeps them free from harm. Such schools also provide social opportunities for a child, which include learning to make friends, learning to socialise with people, learning the difference between adults and children, and learning to respect others. It may also provide opportunities for the families of children. This may be achieved by, for instance, new parents’ evenings and sports afternoons, as well as the Parent and Teacher Association. In contrast to the state sector, the voluntary sector is a sector in which people volunteer to organise and run specific facilities. A mother and toddler group (that is not aided by the state) or the Brownies and Girl Guides are examples of such organisations (Pugh and Duffy, 2013). Mother and toddler groups are usually aimed at children who are aged between two and four. Often these kinds of organisations are to be found placed in a church or community hall. Such buildings have not been designed specifically for children and thus may contain hidden dangers (Bradshaw, 2011). Nevertheless, the staff are usually parents themselves and the person in charge of the organisation must have at least a Level Three childcare qualification (or an equivalent). It would also be expected that people who are in positions of trust in such organisations will have been police checked so as to ensure that the children and parents are safe. The organisation, in this case a mother and toddler group, may ask for a small donation each week, and this may range from 50p in some deprived areas of northern Scotland, to approximately  £5.00 a week in Surrey (Burchinal et al., 2010). This money is used to cover the basic cost of booking the hall and associated costs such as lighting and water bills. The area in which the organisation is situated may not have an outdoor area for the children to play in and this can be seen as a disadvantage as keeping fit is an important consideration in the development of children (Marmot and Bell, 2012). It is also to be expected that toddler groups should follow the Early Years Foundation Stage curriculum so as to ensure that children may be taught appropriately and their progress monitored from the earliest possible age (Shankoff, 2010). It is also likely that such groups will be Ofsted-inspected, which is important as it gives the parents confidence as to the quality of education and opportunity being afforded to their offspring in voluntary toddler play groups (Willow, 2014). Whilst the main aim of a mother and toddler group is to provide short-term care to young children, it should also be remembered that such groups also need to prepare the toddler for primary school by equipping him or her with the basic skills that he or she will need to excel in school. In addition such groups also provide social opportunities for the parent or carer (as well as the child) to meet new people and this can help to integrate marginalised groups within society (Barnett, 2011). The private sector is one in which people pay extra to get the best available opportunities for their childs education or health, as well as their own. When a parent uses a private day nursery he or she is charged for using it, with specific charges depending upon the service delivered and the area of the country in which the client resides. Though this may not be true in all such facilities, it is suggested by Burchinal et al. (2010) that the private sector usually provides hot meals for all children who use their services, as well as indoor and outdoor play areas for children to play in. The staff in such centres are likely to be highly motivated and to receive better remuneration packages that their state sector counterparts (Sims-Schouten and Stittrich-Lyons, 2014). Though it may be the case that private day nurseries are not housed in purpose-built buildings, many are – and the private sector tends to pride itself on the quality of the resources that it provides (Walker et al., 2011). As with the state sector, Ofsted may inspect the facilities provided. It is notable that in the last few years a greater proportion of such facilities within the private sector have been rated as more consistently excellent than those in the state sector. The main regulations that govern the care of children in different types of settings The following is a list of the primary legislation that relates to working with children in a childrens centre: Health and Safety at Work Act 1974 Race Relations Act 1976 Human Rights Act 1998 Data Protection Act 1998 Disability and Discrimination Act 2004 Within their day to day working, children’s centres must, at all times, comply with the Data Protection Act, 1998. This can affect daily working practices as it places a duty of care on practitioners to ensure that records are kept in a safe and secure environment and not shared with third parties (Willow, 2014). In addition, through the provisions of the Disability and Discrimination Act 2004, it is assured that there will be, within such centres, no discrimination against any person with respect to their opportunity for employment, the conditions of their employment or the delivery of services as a consequence of their sex, marital status, race, or disability. Cumulatively, therefore, the laws noted above require children’s centres to make sure that they perform their responsibilities in a timely and professional manner and, through so doing eliminate unlawful racial discrimination. The centre should be responsible for and take all such precautions that are necessary to protect the health and safety of all persons employed by it and should comply with the requirements of the Health and Safety at Work Act 1974 and any other Acts or Regulations relating to the health and safety of employed persons (Human Rights Act 1998). It gives further effect in the UK to rights contained in the European Convention of Human Rights. The Care Standards Act 2000 and the Regulations and National Minimum Standards set out the responsibilities of agencies and carers in promoting the health of children who are looked after (Davis et al., 2012). The Education Act 2002 regulates that local authorities and schools are required to protect, safeguard, and promote the welfare of children. This includes health and safety, child protection and the overall well-being of children. The Every Child Matters guidance and the Children Act 2004 introduced a new duty (Section 10) to co-operate at a strategic level on local authorities, Primary Care Trusts and other relevant childrens services partners. The focus of these Acts and the ECM guidance is to protect children and promote the welfare and well-being of children. This encompasses elements such as: being healthy – enjoying good physical and mental health and living a healthy lifestyle; staying safe – being protected from harm and neglect; enjoying and achieving – getting the most out of learning and life, and developing skills for adulthood; making a positive contribution – being involved in community and society and not engaging in anti-social or offending behaviour; and economic well-being – not being prevented by economic disadvantage from achieving their potential. Other legislation that helps the health and well-being of children includes the Children Act 1989, which provides care and protection of all children and young people in need, including those living away from home. Local authorities have a specific duty under Section 22 of the Act to safeguard and promote the wellbeing of each child they look after. The Children and Young Persons Act 2008 amends the Children Act 1989 and supports the care system, putting in place the structures necessary to enable children and young people to receive high quality care and support. Daily care of children There are many different daily routines for children that can help them develop, such as hygiene, including toileting, washing hands, bed time and teeth cleaning; meal time routines, involving sitting at the table, using knives, forks and spoons; and sleep routines, to ensure that children acquire healthy sleeping habits that will stand them in good stead not only through childhood but in adulthood (Barnett, 2011). Daily routines vary depending where the child is being cared for. Promoting and supporting a child’s independence and self-care is important and a child’s self-image and self-esteem are vital to their overall well-being (Marmot and Bell, 2012). For the purposes of this essay, a focus is given on two particular learning activities: tying shoelaces, and dressing appropriately for the weather. Activity One: Shoelaces The activity involves teaching children to tie their laces by making a personalised shoe that the children decorate themselves, with laces for them to practice at home and at day-care. In this, there are two primary roles: the adult role, helping children learn to tie their laces, and the child’s role, which not only covers learning to tie shoelaces, but practising doing so at home. This promotes independence because the children feel a sense of accomplishment in achieving a daily activity that previously adults fulfilled for them. They are able to tie and re-tie their shoes at their convenience and it reduces the need for adult intervention in dressing. The activity promotes intellectual, physical and emotional well-being (Bruce, Meggitt and Grenier, 2010). The decoration of the ‘practice shoe’ is fun and develops their artistic abilities. Targeted at the four- to five-year old, it is within their technical capability (Bruce, Meggitt and Grenier, 2010). Activity Two: Dressing appropriately for the weather This activity involves dressing up a doll in appropriate clothes for going outside to play, which will keep them warm and dry, or cool, depending on the weather. The adult fulfils a teaching role by helping the children learn how to dress first a doll, and then themselves, appropriately. The objective for the child is to understand how clothes are related to temperature, comfort, and the planned activity (such as playing outside, going to the beach, or walking to school in the rain) (Carroll and McCulloch, 2014). This learning opportunity promotes independence by helping them to dress themselves for appropriate situations and weather. Ultimately, they will develop the ability to choose the clothes that they want to wear within a range of acceptable options. The children learn to stay healthy by avoiding becoming drenched, cold, or sunburnt, and their reliance on adults is decreased (Moyles, Georgeson and Payler, 2011). This builds on their intellectual, physical, emotional, and health-related skills (Bruce, Meggitt and Grenier, 2010). The use of the doll can help the activity be fun. The activity can be extended by considering holiday clothing, seasonal variations, and so on. Key issues which enable multi-professional teams to work together A multi-professional team approach allows professionals to share knowledge about a familys needs so that the parents do not have to answer the same questions over and over again (David, 2013). The professionals are aware of each other’s roles in supporting the family so that conflicting advice can be minimised. It is essential that each agency communicates well and understands not only their role and responsibilities but those of the other agencies as well. Parents/guardians are the most important people in a childs life, and carers recognise the importance of this. They have a responsible role that involves sharing care of the child with parents/guardians; listen to parents/guardians, as they are the ‘expert on their child (Sylva et al., 2010). Respect must always be shown for family traditions and childcare practices and when, for instance, there has been a bereavement, it may be important to engage the assistance of an educational psychologist to assess behavioural needs and bring about positive behaviour. Indeed, by adopting a multi-professional approach to working with children and parents the chances of the child being allowed to slip through the net of negligence or abuse is minimised. An understanding of diversity and inclusive practices Recognising diversity is about recognising that children can come from lots of different backgrounds and family structures (Burchinal et al., 2010). Diversity means responding in a positive manner to differences, and valuing all people. The following, though not an exclusive list, can be seen as a solid foundation of ‘checks’ upon which professionals should base their approaches to both children and parents. All children are citizens and have rights and entitlements. Children should be treated fairly regardless of race, religion or abilities. This applies no matter: What they think or say What type of family they come from What language(s) they speak What their parents do Whether they are girls or boys Whether they have a disability or whether they are rich or poor All children have an equal right to be listened to and valued in the setting. It follows that practitioners should aim to improve the physical environment when such improvements are needed. This might include the increased use of physical aids to access education such as ICT equipment and portable aids for children with motor co-ordination and poor hand/eye skills. New buildings should also be physically accessible to disabled pupils by making sure that they have access to existing buildings through the use of ramps and wider doors. Such improvements must be ongoing within organisations to ensure that no section of society is marginalised (Marmot and Bell, 2012). Improving the delivery of information to disabled children at nurseries or schools is a very important objective. The information given (and the manner in which it is given) should take account of pupils disabilities and parents preferred formats. It follows that all children should be treated fairly regardless of race, religion or abilities. This applies no matter what they think or say, what type of family they come from, what language(s) they speak, what their parents do, whether they are girls or boys or whether they have a disability or whether they are rich or poor. Bradshaw (2011) stresses the importance of treating all people equally and with respect. All children have an equal right to be listened to and valued in the setting and all children have a need to develop. These are natural parts of their life and they must be supported at all times within a given setting. This is especially true if there is a scenario in which childrens development may be at risk. For example, children who are disabled and those with special educational needs, those from socially excluded families, the homeless or those who live with a parent who is disabled or has a mental illness, children from traveller communities, refugees or asylum seekers and those from diverse linguistic backgrounds may all faces especial challenges in their individual development. These must be assessed and catered for in an holistic manner to ensure that every child reaches their own maximum potential. This is because, as Wall (2010) notes, all children are entitled to enjoy a full life in which conditions are established by which they may take part in society and develop as individuals, Practitioners must therefore ensure that their own knowledge about different cultural groups is up-to-date and that they consider their own attitudes to people who are different from themselves. Children in the UK are raised in a society with many sources of cultural diversity (Carroll and McCulloch, 2014). Good early years practice needs to support this from the earliest months of babyhood. Practitioners need to work to create a positive learning environment. Play materials, books and other resources can be offered in a helpful way by reflecting on how young children learn about culture and cultural identity. Such diversity and inclusion is also linked to legislation such the Children Act 1989, Special Educational Needs and Disability Act 2001, Rights of Children 1989 and the Race Relations Act 1976. Children like experiencing food, music or dance forms that reflect their own family and neighbourhood experiences, as Gray (2014) elaborates. Early childhood is a good time to offer opportunities that enable children to stretch themselves beyond that with which they are already familiar. Children can learn to appreciate cultural diversity in styles of art, craft, music and dance and all opportunities need to be well grounded in positive pride for styles common to every childs own background. Meeting childrens diverse learning needs means identifying needs, developing individual goals and objectives, selecting or designing appropriate supports and services, and then choosing the best learning setting in which those goals can be realised, and ideally, exceeded. It logically follows, therefore, that the role and responsibilities of an early years practitioner should be cater to the individual childs needs, and to teach them what they need to know and to find out the right way to teach them. Thus, the practitioner must be well-versed in a range of different teaching pedagogies and apply the most appropriate one to the given child at all times (Spodek and Sarancho, 2014). Indeed, it is particularly important, in this regard, to understand different planning stages when planning activities for children and to understand a childs age and stage of development when planning tasks for them (Sylva et al., 2010). It is imperative, that the activities planned are stage-appropriate for them to increase knowledge. Setting appropriate tasks and initiatives helps practitioners meet the individual needs of children (Bruce, Meggitt and Grenier, 2010). A discussion of two strategies for improving learning and performance There are many ways in which a person can improve their own learning and performance. Two are discussed in this section. The first is being under observation. A member of staff could observe you and give you feedback on where you are doing well, and where you need to improve. This could be a colleague, or it could be a formal inspection. The person observing can give you tailored feedback and ideally there should be plenty of time to discuss their observation. This should lead to personal reflection and the setting of career development goals – whereby you can spend time working on improving those areas (observed) where you displayed weakness. The importance of this form of observation and subsequent career development is noted by David (2013). The second commonly used approach is to reflect on one’s own practice and to use this reflection to inform further improvement (Paige-Smith and Craft, 2011). This may involve a reflective practice model, such as Kolb’s theory of experiential learning (Kolb, 1984). I have frequently used his reflective cycle – and by noting what has gone well and what areas need further improvement, I have been able to learn how to handle situations more smoothly and to apply knowledge effectively. Through combining both approaches I have gone through official ‘professional development’ sessions and have held protracted discussions with my line manager and other practitioners. Through so doing we have all shared best practice and perceived improvements in our daily working lives with each other and the way in which we plan activities for the children (David, 2013). A brief overview of how regulations can influence care provision Legislation plays a significant role in working practices within an early years setting but the primary aim is to safeguard and protect children and their families. Legislation, policies and procedures involve those relating to medicines, staffing and employment laws, child protection policies, health and safety, equal opportunities, behaviour management, special educational needs and working with parents (Shonkoff and Bales, 2011). Children and young people should feel happy, safe, respected and included in the school or early years setting environment and all staff should be proactive in promoting positive behaviour in the classroom, playground and the wider community (Willow, 2014). Policies and practice help to make sure the safety and wellbeing of children is in place and it is this legislation, developed through many years and experiences, and even mistakes, that underpin the working practices that are used today (Shonkoff, 2010). The owner of the workplace as a practitioner is t

Thursday, September 19, 2019

Gilgamesh and Odysseus: Perfect Heros Essay -- Epic of Gilgamesh Odyss

Gilgamesh and Odysseus: Perfect Heros Gilgamesh and Odysseus are similar not only in their physical appearances but also in the way the two of them deal with life's dilemmas. Although Gilgamesh and Odysseus possess great strength and sharp minds, their own flaws blind them similarly, which does not aid in their quest for what they desire. As part of their heroic character, the gods must guide them in order to reach their goals. In every epic from antiquity, the greatest challenge a hero must overcome is not a monster or an evil tyrant but themselves. They wish to have glory, honor, and a place in history forever. Doing something that no one else could ever do again is what a hero desires to do. From Gilgamesh to The Odyssey, epic heroes constantly have to reinvent themselves to overcome their own weaknesses and shortcomings. Each has to learn from their previous mistakes, using the gods? help, so they can fulfill their dreams. In doing this, Odysseus and Gilgamesh will reach their goals. The dictionary defines hero in mythology and legend as, "a man who is endowed with great courage and strength, celebrated for his bold exploits, and born of divine or royal blood. He is a person noted for feats of courage or nobility of purpose, especially one who has risked or sacrificed his or her life." In addition, I believe a hero is one to be looked up to and emulated. What is interesting about epic heroes is that their great deeds and exploits all have to do with defeating themselves, so with help from the gods they can truly become heroic. They can only defeat themselves with the help of the gods. The heroes also possess uncommon powers of the body and mind. They are described as being the utmost in clever and crafty doings but... ...heir journeys or overcome their limitations had it not been for the gods. Of all of the requirements of heroism, being influenced by the gods is the most important. Only through the aid of the gods can a character defeat his shortcomings and truly understand what a hero is. The character must become overconfident and prideful, then, and only then, can the gods step in and break their faults. Finally, the hero either comes to realize how wrong he was or he dies in ignorance. Works Cited http://www.dictionary.com/cgi-bin/dict.pl?term=hero Homer, The Odyssey, The Norton Anthology of World Masterpieces, ed. Maynard Mack, Expanded Edition, (New York: W. W. Norton, 1995), pp. 219-503. Translated by N.K. Sandars, Gilgamesh, The Norton Anthology of World Masterpieces Expanded Edition, ed. Maynard Mack, Expanded Edition, (New York: W. W. Norton, 1995), pp. 13-42

Wednesday, September 18, 2019

The Extreme Right in Britain Essay -- Political Politics

The Extreme Right in Britain Introduction Perhaps, one of the highly debated issues in the electoral procedures of different European nations is about the extreme right. Based on the premise that the nation is the primary unit of social and political organization, extremist nationalism has been revived since the demise of communism. Unlike civic nationalism, which stresses equality and solidarity, the exaggerated, chauvinistic, and aggressive nationalism of the extreme right upholds the significance of the nation and national identity against any other value. Each person is defined by membership in ancient ethnic and cultural groups that are hierarchically arranged according to the "natural order." In the extreme rights’ view, violating this natural order through racial combination leads to corruption in society. Consequently, the extreme right portrays itself as the defender of the nation, protecting society's integrity and purity from the onslaught of foreigners and unwanted change. Therefore, national identity subordinates all other identifications; it divides good from evil and friend from enemy. It is a source of pride that right-wing extremists feel has been denied them by the state and liberals. The resurgence of extreme right parties gained its first sudden and dramatic momentum when the Front National (FN), led by Jean-Marie LePen, scored 11.2 percent in the 1984 European elections. This took many by surprise, including political and social scientists, most of whom at the time had expected rightist extremism to disperse altogether. Indeed, until the mid-1980s, the organized extreme right remained completely marginalized in Europe, enjoyed little political support, and performed poorly in elections. Even mor... ... as Compared with Previous Ones. Jerusalem, 1996. Hainsworth, P. â€Å"The Extreme Right† In Politics of the Extreme Right: From the Margins to the Mainstream. London, 2000. Heath, A. â€Å"What has happened to the extreme Right in Britain. Working Paper, 23, 1993. Ignazi, P. Extreme Right parties in Western Europe. Oxford: Oxford University Press. Margetts, H. John, P. Weir, S. Latent Support for the far-Right in British Politics: The BP and UKIP in the 2004 European and London Elections. Paper Presented to PSA EPOP conference: University of Oxford, 2004. Rensmann, L. â€Å"The New Politics of Prejudice; Comparative Perspectives on Extreme Right Parties in European democracies†. German Politics and Society, 21:4 (2003). Taguieff, P.A. "The New Cultural Racism in France". Telos, 83: Spring (1990) Walker, M. The National Front. Fontana Collins: Glasgow, 1978.

Tuesday, September 17, 2019

Capacity Contract Law

Question 1(i) Phing, 17 years old daughter of a wealthy businessman is currently studying at a University College at Kelana Jaya. She bought a luxury car Audi R8 worth RM 900,000. The car has now been delivered but she is unable to payfor it. Firstly, Phing is a 17 years old teenager which also known as minor. Minor is a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract. In Capacity of Section 11 define a person who is of the age of majority, sound mind and is not disqualified from contracting under any law.Age of majority is recognized as above 18 years of age as stated in the  Age of Majority Act 1971. Below are similar with the case, which case 1: Ryder v. Wombwell (1868), the defendant, an infant, having an income of only 500 Pounds per year was supplied a pair of crystal, ruby and diamond solitaries and an antique silver goblet. It was held that these things could not be considered to be nec essaries. It was observed that certain things like ear rings for a male, spectacles for a blind person, or a wild animal, cannot be considered as necessaries.For another case which case 2: Mohori Bibee v. Dharmodas Ghose (1903) the plaintiff, Dharmodas Ghose, while he was a minor, mortgaged his property in favour of the defendant, Brahmo Dutt, who was a moneylender to secure a loan of Rs. 20,000. The actual amount of loan given was less than Rs. 20,000. At the time of the transaction the attorney, who acted on behalf of the money lender, had the knowledge that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him.Held mortgage was void and inoperative and the same should be cancelled. In the Phing case, she is unable to pay for luxury car Audi R8 which is already delivered to her. Under the Sale of Goods Act (1979) Phing is against the section 32 of the Act goes on to say that unless otherwis e agreed, delivery of the goods and payment of the price are concurrent conditions. This means that the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods.However, before look on the section 32 of the Act we also have to refer the Section 3(2) of the Act. Under this section, necessaries are defined as the goods are suitable to the condition in life of the minor or other person concerned and to his actual requirements at the time of sale and delivery. â€Å"Necessaries† are things which are essential to the existence and reasonable comfort of the infant. Luxurious articles are excluded. Thus, what may be termed as necessaries depends on the nature of goods supplied as well as the infant’s actual needs.In the next case which case 3: Fawcett v Smthurst (1914) the court ruled that a minor is not bound by a contract for the hire of a car, although it was a necessary service, as the contract included the terms which make him liable for damage to the car ‘in any event’, whether or not the damage in his fault. Where there is a binding contract for necessaries, the minor is only bound to pay a reasonable price for them. Next case is relevant with luxury cases, case 4: Chapple v. Cooper (1844) a minor whose husband had recently died contracted with undertakers for his funeral.She later refused to pay the cost of the funeral, claiming her incapacity to contract. The court held her liable to pay the bill. The funeral was for her private benefit and was a necessary as she had an obvious obligation to bury her dead husband. In the next, case 5: Nash v Inman (1908) a Cambridge undergraduate, the son of an architect, was supplied with clothes, including 11 ‘fancy waistcoats’, to the value of $122. The cloth could be appropriate to the station in life of the undergraduate, but the contra ct was not enforceable because the minor was already adequately supplied with clothes.Therefore clothes supplied by the tailor could not be classified as necessaries. As conclusion, in the Phing case, she is only a minor and not has any income when she was studying, therefore, the luxury car may not be the necessaries for her. In conclusion, Phing buy luxury car Audi R8 contract is void, she is not obliged to accept and pay any damages. Question 1(ii) In this case, Phing is a 17 year old student bought a Myvi as a transport to travel back and forth from the college. In the element of contract, Phing is already against with the capacity section 11.In section 11 of capacity say that â€Å"Every person is competent to contract who is of age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. † It means that the following three categories of persons are not competent to contract . The position of a minor is a person who has not attained the age of majority is a minor. Section 4 of the age of majority, the minority of all males and females shall cease and determine within Malaysia at the age of 18 years and every such male and female attaining that age shall be of the age of majority.However, some contracts of capacity made by infants are not void there are contract for necessaries, contract for scholarships and contract for insurance. In the case of Phing bought a Myvi may be necessaries for her to travel back and forth from the college. According the section 69 of Contract Act (1950) say that the necessaries supplied to a minor â€Å"should be suited to his condition life† it does not mean the food, clothing, shelter and education, but such things which may be necessary to maintain a person according to his condition in life.Below is the cases that related with contract for necessaries, which case 1: Kunwarlal v. Surajmal (1963) It has held that the house given to a minor on rent for living and continuing his studies is deemed to be supply of necessaries suited to the minor’s conditions of life, and the rent for the house can be recovered. For another good summary case is case 2: Chapple v Cooper (1844) where the court ruled that the funeral service of her husband was a necessary service for the young widow in this case, so she was obliged to pay. In the case of case 3: Clowes v.Brook (1739) where, though the plaintiff Farrier's claim for work done on an infant's horse failed on technical pleading grounds, it would appear clearly to have been accepted by the Court that a horse could be a necessary in certain cases. In the case 4: Mohori Bibee v. Dharmodas Ghose (1903) case, the Privy Council did not consider it necessary to decide whether Section 115, Indian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age o f the borrower .Under the Section 3(2) of the Sale of Good Act (1979), provides that if goods are sold and delivered to minors  or those mentally incapacitated  the minor will be liable to pay a reasonable price if the goods are necessaries. The case more suitable for showing this section is case 5: Roberts v. Gray (1913), in this case a minor was held liable for his failure to perform a contract for a tour with the plaintiff, a noted billiards player. It was a contract for the instruction of the minor. The contract was wholly executory and but it was held that the contract was binding on him from its formation. In conclusion, in Phing case to purchasedMyvi, Myvi car is her necessaries good for her to travel back and forth from the college and she is able to afford it, so the contract for her to purchased Myvi car is valid. Question 1(iii) Phing is 17 year old, she is a student which studying at a University College at Kelana Jaya. She now has to take a state loan of RM 20,000 f or her studies in the college. 17 year old is not attained the age of majority, for another word Phing is also call as minor. In capacity section 11 define that a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract.The similar case that related which case 1: Burnard v. Haggis (1863), there a minor hired a mare. It was expressly agreed that the mare will be used only for riding and not â€Å"for jumping and larking. † The mare was made to jump over a fence; she was impaled on it and killed. It was held that the minor was liable for negligently killing the mare as his act was totally independent of the contract made by him. For another similar case, which case 2: Ballett v. Mingay (1943), there a minor hired a microphone and an ampliphier. Instead of returning the same to the owner the minor passed it on to his friend.It was held that the minor’s act of passing it on was altogether outsi de the purview of bailment and, therefore, the minor could be made liable for detinue. In the Phing case, she unable to have the contract to get the scholarship, but Under the Section 69 of Contract Act 1950, it is said that â€Å"if a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person. Under necessaries a minor can enter into valid contract if only it is the basic need of the minor and suitable of his or her station in life or lifestyle. The similar cases that related with, which case 3: Mohori Bibee v. Dharmodas Ghose (1903) case, the minor misrepresented his age while taking loan, but the fact that the person taking the loan is a minor was known to the money lender.The Privy Council did not consider it necessary to decide whether Section 115, In dian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age of the borrower. Contract of Scholarship between a minor and the government or non government organization is also under Section 4 (a) Contracts (Amendment) Act 1976 â€Å"the scholar entering into such agreement is not of the age of majority†. Next similar case, which case 4: Government of Malaysia v.Gurcharansingh & ors (1971) say that when the award, bursary, loan or scholarships granted by the federal or state government, a statutory authority, or an educational institution such as a university. Thisis a good example case to show the contract of scholarship, in this case Gurchran is a student who had received a government scholarship to undergo teacher training and was bonded to serve the government. However, Gurcharan left the service before completing his 5 years bond. When the Government sued Gurcharan f or breach of contract, he contended that he had no capacity to contract.The court, never the less, held that education was a necessary. For another good case is case 5: Harnedy v National Greyhound Racing Co. Ltd, where the contract does not appear to have had any connection, whether by way of analogy or otherwise, with contracts for the education or employment of children or contacts for personal services. The distinction between trading contracts and contracts for apprenticeship and education and analogous contracts may often be difficult to draw. Treitel has commented that, an infant haulage contractor is a trader, but probably an infant driver would not be.An infant house painter probably be regarded as a trader, but not an infant portrait painter. In conclusion, Phing have to take loan of scholarship to continue her study, so the scholarship will be the necessaries for Phing, so the contract for her to get scholarship is valid. Question 1(b) Johnny is an old man. He has childre n, Joe and Victoria. Johnny has informed everyone that when he dies, the property is to be shared equally among Joe and Victoria. He stays with Victoria and is totally dependent on her to look after him. Johnny loves Victoria and does whatever she tells him to do.Two months ago, Johnny transferred all his property to Victoria. In this case, Victoria take care of her father is her responsibility, but Johnny should not transfer all property to Victoria although he loves Victoria so much. Johnny should be fair for Joe too. On the other situation, Victoria maybe said something or persuades her father, Johnny to transfer all property to her. If this situation become true, Victoria is against vitiating factors, Section 10 – Contracts must be entered into with free consent of the parties and Section 10(1) – all agreements are contracts if they are made by the free consent of parties competent to contract.Section 14 Consent is free when it is not caused by Section 16(1) undue influence – Undue influence occur where there is a relationship between the parties and one party is in the position to dominate the will of the other. The dominant part uses that position to obtain an unfair advantage over the other. The word â€Å"undue influence† has the tendency to make people feel that it would include situations where one party is about to persuade the other through some kind of influence in a general sense ands. Undue influence can divide into actual undue influence and presumed undue influence.Actual undue influence as the name suggests, requires proof that the contract was entered into as a result of actual influence exerted. The claimant must plead and prove the acts which they assert amounted to undue influence. This may include such acts as threats to end  a relationship, continuing to badger the party where they have refused consent until they eventually give in. For presumed undue influence is no automatic presumption arising as a matte r of law. Here it must be established that there is a relationship of such a kind that one party in fact placed their trust and confidence in the other to safeguard their interest.Any relationship is capable of amounting to this examples include husband and wife, cohabitees, employer and employee. In Section 16(2) – person is in a position to dominate the will of another where he holds a real/apparent authority over the other, or where he stands in a fiduciary relation to the other, he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness or mental bodily distress. Next, in Section 16(3) – where a person who is in a position to dominate the will of another, enters into a contract ith him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that the contract was not induced by undue influence shall lie upon the person in a position to domina te the will of the other as the case 1: Re Craig (1971) C, an old man of 84 years whose wife had died, employed Mrs M as secretary/companion. From the beginning she occupied a position of trust, and in addition to running the house she took a confidential part in running C's affairs.From the time of Mrs M's employment and C's death (January 1959 – August 1964) he gave her gifts worth ? 28,000 from his total assets of ? 40,000. It was held by the Chancery Division that All the gifts complained of where such as to satisfy the requirements to raise the presumption of undue influence, namely, that they could not be accounted for on the ground of the ordinary motives on which ordinary men act, and secondly, that the relationship between C and Mrs M involved such confidence by C in Mrs M as to place her in a position to exercise undue influence over him.Mrs M failed to discharge the onus on her of establishing that the gifts were only made after ‘full, free and informed discu ssion' so as to rebut the presumption of undue influence. The gifts would, therefore, be set aside. Other similar cases, which case 2: Williams v Bailey (1866) – A son forged his father's signature on promissory notes and gave them to their bankers. At a meeting of all the parties at the bank, one of the bankers said to the father: â€Å"If the bills are yours we are all right; if they are not, we have only one course to pursue; we cannot be parties to compounding a felony. The bank's solicitor said it was a serious matter and the father's own solicitor added, â€Å"a case of transportation for life. † After further discussion as to the son's financial liability the bank's solicitor said that they could only look to the father. The father then agreed to make an equitable mortgage to the bank in consideration of the return of the promissory notes. The father succeeded in an action for cancellation of the agreement.It was held by Lord Westbury that the security given fo r the debt of the son by the father under such circumstances was not the security of a man who acted with that freedom and power of deliberation that must be considered as necessary to validate a contract to give security for the debt of another. Besides that, in the Singapore High Court case, which case 3: che Som bte. Yip & Ors. V. Maha Pte. Ltd. & Ors. ( Maha Pte. Ltd. & Anor. , Third Parties) a mortgage deed was set aside in so far as it affected the plaintiff over whom undue influence was exercised.In this case the relationship was that of brothers. This relationship does not per se (That is, on the face of it) give rise to a presumption of undue influence. However, the court found as a fact that undue influence was indeed exercised. In the next similar case, which case: 4 Inche Noriah v. Shaik Allie Bin Omar (1929) case, an old and illiterate Malay woman executed a deed of gift of a landed property in Singapore in favour of her nephew who had been managing her affairs. Before executing the deed the donor had independent advice from a lawyer who acted in good faith.However, he was unaware that the gift constituted practically he whole of her property and did not impress upon her that she could prudently, and equally effectively, have benefited the done by bestowing the property upon him by a will. Held the gift should be set aside as the presumption of undue influence, which is raised by the relationship proved to have been in existence between the parties, was not rebutted. A plea of undue influence can only be raised by a party to the contract and not by a third party, this have been show in the case, which case: 5 Malaysian Freach Bank Bhd. V. Abdullah bin Mohd Yusof & Ors.It was held that in order to establish undue influence, the defendants have to prove that the plaintiff was in a position to dominate their will and thus obtained an unfair advantage by using that position. In this case, there is undue influence involving family members or friends. O ften cases arise that involve family and friends who become parties to a contract. In general, family relationships, such as between husband and wife or parent and child, are confidential relationships. These relationships, like fiduciary relationships, have at their crux a history of â€Å"informal† trust and confidential dealings.In cases that arise where a family member gains a profit or distinct advantage through dealing with a weaker party, the courts have looked to see if the weaker party is very old, mentally incapacitated, suffering from debilitating sickness, or otherwise physically or psychologically impaired. Such physical or psychological impairment combined with a lack of independent advice and a contract giving an obvious advantage to a family member would force the stronger party to prove the contract's fairness. The cases of undue influence, which case:6 Allcard v.Skinner – Miss Allcard was introduced by the Revd Mr Nihill to Miss Skinner, a lady superi or of a religious order named â€Å"Protestant Sisters of the Poor†. She had to observe vows of poverty and obedience. Three days after becoming a member, Miss Allcard made a will bequeathing all property to Miss Skinner, and passed on railway stock that she came into possession of in 1872 and 1874. She then claimed the money back after she left the sisterhood. Held: Lindley LJ, held that she was unduly influenced but barred by laches from getting restitution.And in any case she would only have been able to recover as much of the gift as remained in the defendant’s hands after some of it had been spent in accordance with her wishes. Another next case, which case 7: In Royal Bank of Scotland v Etridge 2001, the House of Lord indicates that, in normal circumstances, a wife’s agreement to charge the matrimonial home as security for her husband’s business debts is not a transaction that calls for explanation. Undue influence connotes impropriety, and should o nly be found where the husband’s influence has been ‘misused ‘.Then, the other case, which case 8: Lloyds Bank Ltd v Bundy  (1974) – Herbert James Bundy was a farmer. His son, Michael, formed a MJB Plant Hire Ltd and it was in financial trouble. Mr Bundy had already guaranteed the business with a ? 7,500 charge over his only asset to Lloyds. This was his farmhouse at Yew Tree Farm,  Broadchalke, and Wiltshire. Michael's company got into more trouble still, and needed more money. Bundy's solicitor said not to put on any more money, but they went up to ? 11,000.The assistant manager of Lloyds, Mr Head explained the company's position to Bundy (i. e. a conflict of interest) but neglected to say the company was in serious trouble. Bundy signed the guarantee and charge form. Lloyds foreclosed on the house when the money was not paid, and Bundy had a heart attack in the witness box. The question was whether the contract leading to the repossession of the hous e was voidable for some iniquitous pressure. The held is that the contract was voidable due to the unequal bargaining position in which Mr Bundy had found himself.He held that undue influence was a category of a wider class where the balance of power between the parties was such as to merit the interference of the court. It was apparent that Mr Bundy had, without independent advice entered the contract and it was very unfair and pressures were brought to bear by the bank. Another similar case, which case 9: National Westminster Bank v. Morgan (1985) Mrs Morgan jointly owned the family home with her husband. As a result of his business problems, their mortgage payments fell into arrears, and the bank started to seek possession.Mr Morgan approached the bank to arrange a refinancing loan (this work as follows: if Mr Morgan’s original mortgage was for ? 50,000, and he owed arrears of ? 5,000, he could replace the mortgage with a refinancing loan of ? 55,000, and start afresh). Mr s Morgan’s signature was required to use the house as security for the extended loans. The bank manager went to see her, in the presence of Mr Morgan; she made it clear that she had little confidence in her husband’s business and wanted to talk to the manager alone, but this did not happen, and she eventually signed to prevent the house being repossessed.The loan was not repaid, and Mr Morgan later died. When the bank tried to take possession of the house, Mrs Morgan pleaded undue influence. Next, the case which case:10 CIBC Mortgages v Pitt  (1994) Mr Pitt wished to purchase some shares on the stock market. He pressured his wife into signing a mortgage of ? 150,000 securing the family home. The stated purpose of the loan was to purchase a holiday home and pay off the existing mortgage. The husband used the money to purchase shares and then used those shares as collateral to purchase further shares.For a time the shares did very well and he was a millionaire on paper . The wife saw no benefit from these shares as any income was always used to purchase more shares. In 1987 the stock market crashed. The bank sought to enforce the security under the mortgage which at the time exceeded the value of the home. The wife raised actual undue influence in defence. The judged is the Overruling BBCI v Aboody – it is not necessary for a claimant to demonstrate manifest disadvantage where a defence is based on actual undue influence.However, as the transaction on its face did not seem to the manifest disadvantage of the wife, because the stated purpose was to purchase a holiday home, the bank was not put on enquiry and therefore could not be fixed with constructive notice. In the case:11 Bank of Credit and Commerce International v Aboody  (1990) A husband exerted actual undue influence over his wife in order to get her to sign a charge securing the family home on the debts owed by the company in which the husband and wife owned shares. The couples we re unable to repay the mortgage and the bank sought to repossess the home.The wife sought to have the mortgage set aside on the grounds that it was procured by actual undue influence of the husband. Held the husband had exerted actual undue influence on the wife. However, the transaction was not to the manifest disadvantage of the wife since she owned shares in the company. In considering whether a transaction was to the manifest disadvantage the court was to have regard to any benefits received in addition to the risks undertaken. Therefore the banks were granted possession. Furthermore, in case:12 Credit Lyonnais Bank Nederland NV v Burch  (1997) Miss Burch started working for her employer at the age of 18.She became close to the director, Mr Pelosi, who was an Italian business man 10 years older and trusted him implicitly. She often visited his home to do babysitting and went on holiday with the family to Italy. At the age of 21 she purchased a flat. 5 years later, she was stil l working for him but the company was experiencing financial difficulty. Mr Pelosi asked her to put her flat up as security for a loan taken out by the company. He told her that his home and villa in Italy were also secured on the debt but they would not accept 100% mortgage on these properties and needed another ? 0,000. She agreed to allow her home to be used as security believing that it was only ? 20,000 and that Mr Pelosi's properties would first be sold which would release the debt so that there was no risk to her. The bank had written to her and informed her that the charge was unlimited in amount and time and advised her to seek independent advice. She at no time was told of the extent of the company's borrowings which stood at ? 270,000 neither did the bank satisfy themselves that she had in fact received independent advice.In the case: 13 UCB v Williams  (2002) The Williams family (Mr & Mrs Jack Williams and their three grown up children) ran a garage business as a partn ership with the benefit of a franchise from Toyota. Toyota threatened to withdraw the franchise unless the showrooms were extended and improved. The cost for this was ? 500,000. The Williams approached the bank for a loan which asked for security by way of a charge on the three showrooms in addition to a charge on each of the partner’s home. The defendant, Mrs Williams, was the wife of one of the sons.She had signed the charge without having been told the full extent of the liability. The signature was executed in the presence of all the other partners and witnessed by Mr. Howells, the solicitor of the partnership. The charge secured all debts present and future of the partnership and provided for joint and several liabilities of all the partners. The business was unable to repay the loan and became bankrupt. UCB sought to enforce the charge and Mrs Williams raised undue influence and misrepresentation in her defence. The trial judge, HHJ Hickinbottom, held that undue influen ce and misrepresentation were established.However, he held that Mrs Williams would have signed the charge in any event had she known the full facts and also that UCB were not fixed with constructive notice as a solicitor had witnessed the signature therefore they could assume Mrs Williams had been advised accordingly. Mrs Williams appealed to the Court of Appeal. Held Mrs Williams was successful on both grounds. In conclusion, Joe still can voidable the contract about the Johnny transferred all his property to Victoria. If the contract is void, property Johnny will use back the contract in early to share equally among for Joe and Victoria.