Essay about Case 8-3 Isol -Global Value Chain Logistics...

Global Value Chain Logistics Case Analysis University of Phoenix Global Value Chain Management ISCOM/383 June 25, 2012 Global Value Chain Logistics Case Analysis ISOL + Group produces and sells a variety of products within France, Spain, and Italy. The general manager Mr. Dupont has initiated a thorough rethinking of logistics matter for the group. Based on his recommendations, the management team must identify, analyzed, discuss, and recommend the most appropriated solutions for the recommendations made by Mr. Dupont. Identify Based on the global value chain strategies, it would be best for ISOL to â€Å"build a new manufacturing facility with one production line in France close to the firm’s southern European†¦show more content†¦However, if ISOL delivery time were to be reduced to â€Å"48 hours then there would have to be an increase in inventory, and the production-per-order would no longer be possible given the manufacturing time required† (Dornier, Ernst, and Fender, 1998). Both of Mr. Dupont’s proposals would cause an increase in ISOL’s logistic budget . With the increasing of ISOL’s logistics budget, it would be in the best interest of ISOL to put both of Mr. Dupont’s proposals on hold. After evaluating the situation of logistics, to meet the increase in production, it will be best for ISOL to set up a new manufacturing facility in southern France because both markets are relatively close to the southern markets. â€Å"Reducing the quantities that a customer can order will increase ISOL costs because 98% of ISOL customers throughout the countries make orders for at least a full truckload, which are eight pallets† (Dornier, Ernst, and Fender, 1998). However, if ISOL implements Mr. Dupont’s recommendations, its customers will start ordering smaller sizes, and this will increase the logistics cost. With the idea of cutting the delivery time to 48 hours, this will increase its inventory cost because ISOL will need more inventory on hand. With the current delivery time between one or two weeks, allows t he plant to not have

Analysis Of The Movie The Night - 1667 Words

Darkness was beginning to settle as Dylan stepped off the bus. He was in a peaceful neighborhood. All the houses were painted different shades of brown and red. Dylan walked past a kids play park where he saw a mother and her children. The kids raced back and forth playing tag until the mother called to them that it was time to head home. What a cheerful family. A frown came to Dylan’s face. He was a block from Jordan’s house now. Jordan was an only child so it worked out conveniently. His plan was to knock on the door and ask to speak with Jordan. Dylan’s appearance had changed enough by now that he wouldn’t recognizable. His hair had grown long and his hair was scruffy. His face was brown and weathered from living in the wild. The lights were on in the living room. Dylan could see a wheelchair in front of the TV beside the couch. The one story home was wheel chair accessible. Dylan walked up the ramp to the door. He took his gun out of the backpack, and carefully placed it in his pocket. He lifted his arm and knocked on the door. A middle-aged man came to the door. His hair was grey and his face creased with lines. It seemed as if this man had been under a lot of stress in the past year. That wouldn’t be surprising since he would have had to deal with an angry teenager in a wheel chair each day. â€Å"Hello.† Dylan said politely, â€Å"I am here to speak to Jordan, is he here?† â€Å"Yeah,† came a voice from around the corner, â€Å"I’m here.† Jordan came around the corner in hisShow MoreRelatedAnalysis Of The Movie The Night 996 Words   |  4 Pagesneedles of death! she exclaims. I don t understand you, Bridges. Josh laughs,You saved my life, but then almost gave me a heart attack. Brianna smiles up at him as he laughs. Adoration shines in her eyes, sparkling like stars on the darkest of nights. Blood curdling needles of death? Josh chuckles, So dramatic! Have you ever considered writing? Shut up Ramsay. Brianna smirks, I would be a wonderful author. Josh walks closer to the bed, his heart racing. He sits down in the same spotRead MoreAnalysis Of The Movie The Night 957 Words   |  4 Pagesthem. The figures were grim in appearance, green, ribs protruding from the side, hollow eyes, and open mouths that were letting out a hollow scream. Our class, 30 in number, shuffled in and took our seats. Once in our seats we were shown a movie. The movie was about the Holocaust, and some of the people who were fortunate enough to survive it. The film covered significant points that were the crescendos of this time in History. The survivors spoke on their experiences, how they survived, and theRead MoreAnalysis Of The Movie The Night 867 Words   |  4 PagesRichards briefcase it showed the audience that Paul was showing his anger due to the fact he had feeling for Anne. 9. There were a couple unique sound effects in the play. The sound effects was the pounding on the door, the noise of the door across the hall closing, the door knob when it was being unscrewed from the door, a baby crying, and the jiggle of a dogs collar. The sound cues were executed at the right moments in the play. For example, when the lady from 4a came into 4b’s apartment to talkRead MoreAnalysis Of The Movie The Night 858 Words   |  4 Pagesreally missed the great adventure, which not only added gas to her fire but it made her go on a rage. This rage lasted for weeks and weeks and she ended up destroying her room just to show her parents how bad she wanted to go to the carnival. The night that she destroyed her room a little leprechaun about the same size of her foot with a face that looked cute, according to Lucy which made it easier for the leprechaun to convince her into going with him to the carnival. The leprechaun ran into herRead MoreAnalysis Of The Movie The Night 1065 Words   |  5 PagesAt Once Again Antiques, Zach hesitated under the store’s overhang and stomped the snow from his boots. In the display window, a vintage jukebox played Deck the Halls, and next to it, a color wheel revolved in front of an aluminum Christmas tree. He removed his Stetson and tapped it against his pant leg, releasing a dusting of snow from the dark felt brim. Whatever was supposed to happen would be today, December 24th. For Gran’s sake, he’d ask an eye-catching, yet complete stranger to accompany himRead MoreAnalysis Of The Movie The Night 1047 Words   |  5 Pagestrying my best (and failing miserably) to keep the tears out of my eyes. Fairly recently, I assumed that role for another friend. The symbolism, it kills me. And yet here I am, sitting in a Starbucks at 7:04 in the morning because I didn’t sleep last night and instead watched the last season of FRIENDS and cried, wondering when I’d find someone who loved me as much as Ross loves Rachel, as much as Chandler loves Monica, and wondering when I would ever love someone in the same way. Wondering if it’d happenRead MoreAnalysis Of The Movie The Night 898 Words   |  4 Pagesâ€Å"Here he is,† Mindy said happily when Zack arrived for his detention. Zack looked around. The only people there were Miss Devasquez and Mindy. He knew about the â€Å"special detention† that Miss Hartick had put together, and he had expected that he would have to go through the same thing. It didn’t look that way though. He was glad about that at least. He even let himself expect that this might be a regular detention. He asked, â€Å"It’s just us?† â€Å"It’s just us,† Miss Devasquez said. Playfully, she saidRead MoreAnalysis Of The Movie The Night 925 Words   |  4 Pagesher friends enjoyed the use of the house owned by her best friend’s parents. They had the run of Megan’s family beach home in Playa Del Rey for the holiday week. Megan’s parents were on location in Canada for two months. Her dad and mom were on a movie shoot filming a creature feature. As a result, the friends felt they were on one long slumber party, similar to the ones they enjoyed as teenagers. Only at this juncture of their life, wine and men liven up the week-long gathering. The young womenRead MoreAnalysis Of The Movie The Night 978 Words   |  4 PagesBy the following Tuesday night she was ready to resume taking after having several nights of poor sleep. The doorbell rang about 1A.M., I got up in time to see Kevin handing an almost nude Susan a Sunday. All she had on was her pink panties, hmm..she had pajama s on when she went to bed. At first I thought she might be awake, but her blank expression led me to believe she was in ambient trance. How did Kevin know to bring a Sunday or did he just chance it? Why was Susan naked? Did she call KevinRead MoreAnalysis Of The Movie The Night 1181 Words   |  5 Pagespassenger side of her father’s transport looking at her as if he were about to laugh, but she had at once said to him, â€Å"Did you set the wheels in motion?† sounding much like one of those mid-twentieth century spies in one of New America’s old archived movie records Phillip had recently viewed. â€Å"Everything’s going according to plan so far,† he simply stated back with a grin. A few miles away, once they neared Inez’s place, Cassidy parked on Bethwin Road not far from where she had previously vandalized

Search Strategy Use Fish Oil A Treatment †Myassignmenthelp.Com

Question: Discuss About The Search Strategy Use Fish Oil A Treatment? Answer: Introduction This assignment is search strategy for the use of fish oil as a treatment for osteoarthritis. Fish oil is a very good source of omega-3 fatty acids, which generally blocks inflammatory cytokines and prostaglandins. It also helps to lowers the triglyceride levels of blood, protecting against heart disease and reducing high blood pressure 3 (Felson Bischoff-Ferrari, 2015). In this assignment there has been described about Peggy who is 65 year old and she is suffering from degenerative osteoarthritis in her knees. One of her friend suggested her to use fish oil. As Peggy is too much eager to reduce the pain of arthritis she is ready to use anything but she want evidence in the support of using fish oil (Chevalier, Eymard, 2016). Body PICO Question: In older women with osteoarthritis is fish oil an effective treatment option? Keywords search: arthritis; osteoarthritis; joint pain; rheumatoid arthritis; marine oil; fish oil; rheumatology; complementary medicine The best two databases that used to search for evidence are MEDLINE and CINAHL. According to CINAHL the databases shows the searches are: osteoarthritis (2,467) arthritis, rheumatoid (1,173) pain (350) fish oils (349) knee (186) arthritis, infectious (184) Ebsco Cinahl Database Search ACTION/ TERMS SEARCH MODE RESULTS LIMITERS/EXPANDERS (MH Fish Oils) Boolean/Phrase 271 Limiters - Abstract Available; Published Date: 20100101-20171231; English Language; Peer Reviewed (MH Knee Pain) OR (MH "Osteoarthritis, Knee") OR (MH "Knee Joint") Boolean/Phrase 3029 Abstract Available; Published Date: 20120101-20171231; English Language; Peer Reviewed (MH "Fish Oils/DE/TU") Boolean/Phrase 75 Expanders - Apply related words (MH "Osteoarthritis, Knee/DI/ET/TH/RF") Boolean/Phrase 453 Expanders - Apply related words (MH "Osteoarthritis, Knee/CO/TH") Boolean/Phrase 360 Limiters - Abstract Available; Published Date: 20130101-20171231; English Language; Peer Reviewed Medline Database Search Keywords/search terms Alternative words P osteoarthritis Joint pain, rheumatoid arthritis, arthritis I Fish oil Marine oil, marine fish C Effectiveness Patient satisfaction, drug effects, O medicine Rheumatology, treatment outcome According To The Database Search Results Two Articles Was Found Which Were Relevant To PICO Question. Efficacy and safety of fish oil in treatment of knee osteoarthritis. In this article, 75 participants were divided into a group three consisting of 25 people studying the effects of results after using fish oil 1,000 mg and 2,000 mg once a day for 8 weeks. The patient satisfaction rate was 9.06 of 10 and also by response through verbally of 50 participants. It makes everyone felt good and happy by using fish oil (Peanpadungrat, 2015). Fish oil in knee osteoarthritis: a randomized clinical trial of low dose versus high dose. Annals of the rheumatic diseases. In this article, a random and controlled trial was done where 202 patients were enrolled suffering from osteoarthritis of knee. They were given 1:1 to high-dose fish oil and low-dose fish oil 15?mL/day. It was found that there were improvements in both the groups. One that is using the low-dose fish oil had more improvement in pain and then the group which is using high-dose fish oil (Hill et al., 2016). Conclusion From the first article it can be concluded that daily intake of 1,000-2,000 mg of fish oil shows significant change in the improvement of knee movement and also proved to be safe for the treatment of osteoarthritis patients (Davidson Clark, 2015). From second article it can be concluded that, both the high dose and low dose fish oil are effective for the treatment of osteoarthritis. In this paper through the database search it has been proved that there are evidences of using of fish oil for the treatment of osteoarthritis (Gao et al., 2016). Despite of the popularity that the fish oil can be used for arthritis, there are not enough evidence to prove that it is the absolute way of treatment. But from the whole assignment it can be said that Peggy who is suffering from osteoarthritis at knee and is dealing with pain can use fish oil as a medicine for treatment. This will help her to reduce the joint pain and also the swelling References Peanpadungrat, P. (2015). Efficacy and safety of fish oil in treatment of knee osteoarthritis. J Med AMedline Database Searchli Felson, D. T., Bischoff-Ferrari, H. A. (2015). Dietary fatty acids for the treatment of OA, including fish oil. Doi:10.1136/annrheumdis-2015-208329 Chevalier, X., Eymard, F. (2016). Low dose of fish oil in osteoarthritis: low effect?. Annals of the rheumatic diseases, annrheumdis-2016. doi:10.1136/annrheumdis-2016-209399 Davidson, R. K., Clark, I. M. (2015). Dietary intervention for osteoarthritis: Clinical trials after the Bone and Joint Decade. Nutrition bulletin, 40(3), 203-210. doi: 10.1111/nbu.12154 Gao, S. G., Zeng, C., Wei, J., Wang, Y. L., Lei, G. H. (2016). Paying attention to the safety and efficacy of fish oil in treatment of knee osteoarthritis. Annals of the rheumatic diseases, 75(4), e13-e13. doi:10.1136/annrheumdis-2015-208880

Involving others in assessments free essay sample

The assessment process in a beauty college involves many different people. Starting with the students that need to be assessed and who need be told the criteria which they are being assessed against so that they can try meet these needs. The teachers of the students need to be provided with a curriculum to teach and have access to various forms of information related to their subject matter so they can draw on these for course notes or offer extra material for students to give them a broader understanding of the subject. The assessors themselves need to know what facilities the college has with regards to where the tests are obtained from, what time frame is allocated, what different forms of assessment need to be conducted, what setting is in place be it a classroom or practical room or a simulation of a salon with a member of public coming in to be the client. We will write a custom essay sample on Involving others in assessments or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page They need to know who else in the college is qualified to assess should they have any questions and who the internal verifiers are to report to. Employers at the college need to provide assessment opportunities and find ways of networking with the staff through newsletters or internal meetings to identify good practice in assessing across the board and to maintain consistency throughout the staff. The internal verifiers are there to check the quality of assessing and to measure and improve further quality of assessments. External verifiers are needed to check that the internal verifiers are doing their job properly and check the quality of the work being done. They are usually given a selection of pre assessed papers so they can re-assess them to check for accuracy in assessing and to be able to check the standard of a college and report back to the awarding body that a college is able to claim certification for their students, or if the college needs to amend certain criteria before claiming certification. So in my college experience I was taught my course material by various teachers, assessed by teachers by written tests or projects or in the practical classroom. The teachers had to report to the principal of the college for our results and the principal often came into the assessing rooms while we were busy with class or doing tests. An external examining body from the international guild of beauty therapy was asked to do our final assessments and we were given lists stating what the examiner would be looking for. We were assessed according to the international level set by the beauty guild and only if we passed with a stipulated percentage were we awarded our qualification. Peer and Self assessment: Self assessment allows the student to work out their own strengths and weaknesses and tailor their own learning plan to best suit themselves. This works well when you have a motivated student who is willing to admit their own setbacks to themselves and strive to address these and move forward in the right direction with a better sense of what they want to achieve and how to do that. Peer assessment can be very helpful in that students get to go over their own knowledge of the subject being assessed while they assess their peer therefore doing revision and also being more aware of what they may not know or of how their peer does something better than they would have done and learning from them. I find self and peer evaluation very helpful in a beauty college especially as it is such a practical course and a lot of time is spent practicing treatments on your peers or being the client to be practiced on. When a student is being the therapist they can carry out a treatment and assess themselves on how well they have learnt the procedure and where they get stuck and need help. They will be more confident in asking their peer for help or to give them feedback about their treatment and in-turn be able to use this feedback to modify their work and learn from this. When a student is being the client this is a great opportunity for them to really feel what different types of pressure feel like and what feel good and what doesn’t and use that to adapt their own techniques. They learn what it feels like to be on the therapy bed and be aware of the sounds around them that the student therapist makes or the questions they ask and what makes sense and works and what doesn’t. This is an invaluable way that students can improve themselves and be able to help their peers improve by giving them accurate feedback. How assessment arrangements can be adapted to learners: Students learn best in slightly different ways depending on what approach works best for them. A widely used model of learning style is Flemmings’ s (2001) Visual Auditory Kinesthetic (VAK) model. If students are visual learners, they prefer to use images, pictures, colors, and maps to organize information and communicate with others. They work well from worksheets and the whiteboard and do their best on more theory based assessments like short questions, multiple choice, true and false or essays. In their practical assessments they will do well when needing to chart information the client has told them and write up skin diagnosis or plan future care appointments. If they are auditory learners they are the students who retain information better when the information is reinforced through sound. So they prefer class lectures rather than being given textbooks to read. These students do much better when their assessment are asked with short oral questions during class or explaining to an examiner why they are performing a certain treatment or using a certain method to perform a task. Being able to read their questions out aloud to themselves will also help them registered better what is required from them in the assessment. If they are kinesthetic learners then they prefer to be involved in activities. They learn through applying their knowledge practically by writing out notes during lectures or telling another person what they have learnt or performing practical treatments. Studying beauty therapy is a great choice for kinesthetic learns as much of the course involves taking part and learning through movement and a big part of your grading comes from performing treatments and demonstrating your skills to the assessors. For these learners doing theory assessments they can be kept motivated by doing diagrams or plotting graphs or doing oral reports so they are fulfilling their need for movement in learning.

The Articles of the Confederation and the American Revolution essays

The Articles of the Confederation and the American Revolution essays The Articles of Confederation and the American Revolution significantly changed the constitutional history of the American people. The American Revolution was based on the transition of the British colonists' to American citizens. The three challenges consisted of the cultural and political alterations needed by British Colonist's, apprehension of a new identity, and the formation of a new institution. The transition required the British colonists to change their way of thinking related to their cultural and political beliefs. The Colonist's always had a sense of their independence, but they were adapted to a controlled source of stability because they were under one ruler, allowing the feeling of safety. The continental congress represented the colonists' by ending his reign. Before the American Revolution, British colonists' did not accept the new found American Government in fear of losing legislative control. The King formally announced that he would no longer protect the colonies, leaving his people in danger in the midst of war, the delegates of the Continental Congress "brought about the end of British Government in the colonies." During the transition period, the Articles of Confederation held the states together until Americans were ready for a stronger, united union. The fear of a new lifestyle was extremely difficult for the Colonists'. The articles of confederation al lowed the thirteen colonies to maintain its dominion and all rights to govern, except the rights specifically granted to Congress, providing a sense of relief and eased the transition from British colonists' to American citizens. Between the years of 1763 and 1776, the British colonists' felt fairly untaxed, watched over like children, and ignored in their attempts to address their feelings of injustice and inequality. British Colonists' were taken advantage of, due to the Stamp tax, which placed a tax on everyday consumer goods. At this point, British co...

Cosmos Episode 12 Viewing Worksheet

Cosmos Episode 12 Viewing Worksheet In the spring of 2014, Fox aired the television series Cosmos: A Spacetime Odyssey hosted by Neil deGrasse Tyson. This amazing show, with solid science explained in a totally accessible way, is a rare find for a teacher. Not only is it informative, but students also seem to be entertained and invested in the episodes as Neil deGrasse Tyson narrates and gets excited. Whether,  as a teacher, you  need a video to show your  class as a reward or as a supplement to a science topic, or even as a lesson plan to be followed by a substitute, Cosmos has you covered. One way you can assess the students learning (or at the very least to keep them focused on the show) is to give them a worksheet to fill out during the viewing, or as a quiz afterward. Feel free to copy and paste the worksheet below and use it as the students watch Episode 12 of Cosmos entitled The World Set Free. This particular episode is also a great way to battle any resistance to the idea of global climate change. Cosmos Episode 12 Worksheet Name:______________ Directions: Answer the questions as you watch episode 12 of Cosmos: A Spacetime Odyssey What planet is Neil deGrasse Tyson talking about when he says it used to be paradise?How hot is the surface of Venus?What are the clouds that block the Sun on Venus made of?Which country landed a probe on Venus in 1982?What is the difference in the way carbon is stored on Venus and on Earth?What living thing created the White Cliffs of Dover?What would Venus have needed in order to store carbon in the form of a mineral?What on Earth primarily controls the amount of carbon dioxide in the air?What did Charles David Keeling manage to do in 1958?How can scientists read the â€Å"diary† of the Earth written in the snow?What major event in history is the starting point of the exponential rise of carbon dioxide in the atmosphere?How much carbon dioxide do volcanoes add to the atmosphere on Earth every year?How did scientists conclude the extra carbon dioxide in the air contributing to climate change was not made from volcanoes, but instead comes from burning fossil fuels?How much ext ra carbon dioxide are humans putting into the atmosphere every year by burning fossil fuels? How much additional carbon dioxide has been spewed into the atmosphere since Carl Sagan first warned about doing so in the original â€Å"Cosmos† television series in 1980?What do Neil deGrasse Tyson and his dog walking on the beach symbolize?How are the polar ice caps an example of a positive feedback loop?At what rate are the Arctic Ocean ice caps receding now?How is the permafrost near the North Pole melting increasing carbon dioxide levels?What are two ways we know that the Sun is not the cause of the current global warming trend?What amazing invention did Augustin Mouchot first display in France in 1878?Why was there no interest in Augustin Mouchot’s invention after he won the gold medal at the fair?Why did Frank Shuman’s dream of irrigating the desert in Egypt never come to be?How much of the wind’s power would have to be tapped in order to run all of civilization?The manned missions to the moon were a direct result of what period in the United State s’ history?Who were the first group of people to stop wandering and begin civilization by using agriculture?

Problems in Economic Development 's assignment Example | Topics and Well Written Essays - 500 words

Problems in Economic Development 's - Assignment Example b) The underlying tension in the developing world is the lack of antiretroviral drugs that can be used by HIV patients to reduce the multiplication of the virus in the body of those who are affected. This is different from the developed world in that the developed countries have enough of these drugs and can keep the level of HIV/AIDs as low as possible. 3. Health may create a poverty trap between generations because when one gets better health care, his or her level of productivity increases; hence, high level of income. On the other hand, the person from the other generation that gets little or no health care is less productive, and, therefore, earns very little. This change has one generation moving from low health care to high health care; hence, creation of the poverty trap between generations. 4. a) Conditional cash transfer refers to a condition whereby parents were being given cash transfer with a condition of sending their children to school and failure to do so, they would be forced to do it. b) The amount transferred varied based on the level of education and gender. Those who were in secondary schools were to be paid high amounts and those who took girls to school were also subject to high payments. This was to encourage further learning by the children in schools and also encourage girl child education and make girls go to school. c) No. Conditional cash transfers were found not to be more effective than unconditional cash transfers. This was because Malawi tried to use it, but it did not do better, and this suggested that parents should not be forced to send their children to school, but need to be helped

Introduction to Counseling Essay Example | Topics and Well Written Essays - 750 words

Introduction to Counseling - Essay Example This is what I call building. Yes, building or making my plans realized. Indeed, the choices we make affect our future. My decision today will shape my future. Before I have to make my choice of a course, and eventually a career that will accompany me for the rest of my earth's life, I have to get back to where I came from, of what led me to this institution to study. I can't think of any possible career. There is one story of my life however that is forever fresh in my youthful mind - a story of my childhood. Some humble beginnings nurtured my mind to an environment that values life above anything. I would prefer seeing people counseling others, giving them a touch of a loving hand, and young ordinary folks sacrificing personal happiness and pursuits for the service of people in the countryside, ordinary human beings who really come from the grassroots. Though I may not be them to the letter, I'll try to follow a path where my life will be focused of the goals set forth in my childhood - that of helping and counseling people. Most courses focus on improving. Improving ways to look for money. Improving or finding ways for fortune and fame. Others focus on serving not just with pay but with an enormous amount of pay. Simply put, they are not gratifying, albeit satisfying or comparable to helping people unselfishly by counseling them. What can be more rewarding than touching people and letting them feel that here's someone who cares, who prefers to listen rather than dictate. With my planned career of helping people I need to be more unselfish, to have a lot of sacrifices and concern. I have to be broadminded, and need to understand other areas of human relationship like the emotional, spiritual and social environment. On the other hand, I may further need a firm determination, lots of sacrifice, and some thought that by helping others I am making a profound difference on the life of another human being. This is a challenging and rewarding endeavor - to feel the needs of a patient, to listen and guide someone through a more secure and promising path through life. 3. My choice of my career is an extension of my personality What we want to be reflects what we always think of life, from the beginning when we build dreams and castles in the air, until we start a process of fulfilling those dreams. But these dreams and plans are usually influence by the environment, or how we were brought up, until we acquire a personality that we embrace all throughout. I have always planned of a helping career. My goal is to compassionately share my knowledge and resources to people in need of these resources. I have exhibited this since I was too young, and now it is high time that I start to frame and reflect what is really inside of me. 4. How an internship can help me develop as a professional Internship can help a lot because it is through this that I will be able to feel the real job of counseling, a true hands-on experience. It is like an on-the-job training that young graduates pass through before they go on with real work in the office or any workplace. I will be encouraged and challenged to work professionally, see for myself what really are the

The Code of Ethics for Nurses Essay Example for Free

The Code of Ethics for Nurses Essay This paper discusses the code of ethics of nurses. The nurses are sometimes found in very challenging situations that call for proper decision making. The action taken should not be against this code of ethics. Nurses are guided by a set of laws that are meant to assist them in their duties to offer medical services and at the same time satisfy their patient’s requirements. The code of ethics for the nurses rejects any attempt to perform activities that are contrary to the patient’s rights. These include the right to life, to self esteem and the right to respectful treatment (International Council of Nurses, 2006). In the case study situation the surgeon made a wrong recommendation for the patient. Mr. B was wrongfully scheduled for a tumor resection procedure yet the most appropriate course of treatment for him was a palliative treatment or limited intervention. Subjecting the patient to a tumor resection was an act that subjected the aged patient to a higher risk of postoperative recovery (Strang, Strang, Hultborn, Arner, 2004). With the problem of bed space the patient deserved to be treated equally with other patients despite his age, the health condition and his limited chances of survival. The human rights stipulate clearly that the life of one individual is equally important as the other and therefore should not be undermined (Tschudin, 2003). The nurses should have acted by the principle of the first patient to be admitted the first to be served and in that situation the other patients younger than Mr. B should have been directed to other facilities. By all ethical standards, nurses should always value the lives of their patients regardless of the situation since all the lives are precious and none can be substituted for another one.

For The Love Of The Fish An Es :: essays research papers

In the short story “The Third Thing That Killed My Father,'; Raymond Carver explores the life of the town outcast. Through the observations of a young boy and his father Carver tells the story of a man caught in himself, and captures the true essence of a mans character and his conflicts. Dummy the town outcast finds himself in a struggle to protect the one thing that makes him happy, a school of black bass. Carver comes up with three major conflicts, which include man verses society, nature, and himself. When Dummy gets his fish he further distanced himself from the community. He has always been made fun of by coworkers, and because he had no one to trust this gave Dummy a pretense for digging a deeper hole into his depression. "Well, it made them kid Dummy, the way he was always carrying everything. Carl Lowe, Ted Shade, Johnny Wait, they were the worst kidders of the ones that kidded Dummy.'; Another reasons for Dummy’s introversion was his wife. “ She was a women years younger and said to run around with Mexicans.'; The lack of love at home and negative attention at work caused Dummy to shut society out. The only friends Dummy had where his fish, which he protected from the cruelties of society. He protected the fish like no one had protected him, yet he still loses them to a force that cannot be controlled or stopped. “ It blew for five days, and on the third day the river began to rise. “She’s up to fifteen feet,'; my father said one evening looking over his newspaper. “Which is three feet over what you need to flood. Old Dummy is going to lose his darlings.'; Even though, Dummy protects his fish from unwanted fisherman he cannot protect them and himself from forces of greater power, the force of nature. Another one of the conflicts in the story is Dummy’s struggle with himself. Dummy was never really loved which persuaded him to find something else to love. The fish gave him a since of awareness and control that was never found at work and in his marriage. As long as he had the fish he was needed, and happy being apart of a community that never judged him. When Dummy lost this he lost his life, love, and sanity. “He’d changed a lot, Dummy had. He was never around any of the men anymore, not if he could help it.

Cognitive & Moral Development Theories Essay

ABSTRACT The intention of this paper is to provide an overview of the psychological theories of Jean Piaget and Lawrence Kohlberg. While Piaget’s perspective was psychological, Kholberg’s viewpoint was psychological with emphasis placed on moral development and both theories will be compared and contrasted in this paper. Furthermore, the implications of these theories for counselling will be examined. RESEARCH ON THE COGNITIVE & MORAL DEVELOPMENT THEORIES OF JEAN PIAGET & LAWRENCE KOHLBERG JEAN PIAGET Jean Piaget, Swiss biologist, philosopher, and behavioral scientist, was born on August 9, 1896 (Piaget, 2001). One of his most significant achievements was his research in developmental psychology and the resultant theory in cognitive development. Although many of the principles developed by Piaget have been criticized, the impact he has made in the field of cognitive development cannot be exaggerated. According to Morris and Maisto (2008), Piaget is the most influential cognitive development theorist. Piaget’s segue into cognitive development started while developing French versions of questions on English intelligence tests at the Binet Institute, Paris, in the 1920s. He became fascinated with the reasons children gave for answering incorrectly on questions requiring logical thinking. He believed  that the incorrect answers showed significant qualitative variances between the way older children and younger children think. Hence, he made a systematic study of children, including his own, by observing and studying them playing, solving problems, and participating in everyday activities. He asked them questions and tested them in order to learn how they thought. His observations and studies led him to believe that children were not only receiving knowledge from their parents and teachers, but they were also creating ideas and cognitive development is a way of adapting to the environment. Paiget found that the differences were not attributed to the younger children being less intelligent than their older counterparts, as was the general assumption in psychology at the time. Neither did they think at a slower pace than adults. Rather, they just think very differently. His interest in how knowledge develops in humans during different stages of development led to what is popularly known as the stages theory or stage theory of cognitive development. The name is derived from Piaget’s description of cognitive development as four distinct stages in children, ranging from sensorimotor, preoperational, concrete, and formal, beginning in a logical manner in childhood and ending in adulthood. This four-stage model shows how the mind processes new information encountered. Children are born with a mental structure that is genetically inherited and which evolves over time. This mental structure forms the foundation for all subsequent learning and knowledge. Cognitive development, therefore, is a â€Å"progressive reorganization of mental processes resulting from maturation and experience† (Singer & Revenson, 1997). According to Singer and Revenson (1997) all children will pass through these stages, which unfold over time, in order to achieve an intellectual functioning at the adult level. The sequence of the stages is fixed and unchangeable and children cannot skip a stage but must go through the stages in the same order, although at different rates. Later stages evolve from and are built on earlier stages, with the child acquiring more complex motor and cognitive skills, moving between stages in a very gradual and subtle transition. The main elements of Piaget’s cognitive development theory are schema, the four processes that enable the transition from one stage to another, and the four stages of cognitive development. Piaget was interested in how an organism adapts to its environment and hypothesized that human behaviours are controlled through mental organizations called schemata, also called schema or schemes, which humans use to represent the world and designate action. Humans also have a biological drive to obtain balance or equilibrium between the schemes and the environment and this is what drives the adaptation. Infants are born with schema operating at birth, which are called â€Å"reflexes,† which are used to adapt to the environment. These reflexes are soon replaced with constructed schemata, which are used throughout life as the person adapts to the environment. Piaget’s first stage is the sensorimotor stage, which lasts from birth to about two years. Intelligence at this point is based on physical and motor activity without the use of symbols. Hence the child uses mobility, crawling, and walking to facilitate knowledge. The child’s progress is visible through the modification of reflexes in response to the environment. It is at this stage that the child learns object permanence, understanding that objects continue to exist even though they cannot be seen. The end of the stage is manifested in the immature use of symbols and language development that signals the transition to the second stage (Morris and Maisto, 2008). The preoperational stage is the second stage and lasts from age two to about age seven. Intelligence is demonstrated at this stage through the use of symbols, particularly the development of language. Memory and imagination are developed and children are able to mentally represent objects and events. Children are now able to think and process information in a one-dimensional fashion, having the ability to do monological, nonreversible thinking (Coon, 2006). They are very egocentric and find it difficult to see things from another person’s point of view, failing to recognize any duality in conversations. The end of this stage is signaled by the child’s ability to conserve number (Piaget, 2001). Piaget’s third stage, the concrete operational stage, is shown by the child demonstrating logically integrated thought. This stage spans from age seven  to eleven as the child’s exposure to, and integration of knowledge has matured and the child is able to use all three types of knowledge to interact with the environment to a relatively high degree. Operational thinking develops as the child is now able to interact with the environment from more than one perspective. Egocentric thought diminishes. Formal operational stage is Piaget’s fourth stage. This is from eleven years onward or preadolescent to adulthood. Intelligence at this stage is demonstrated through the logical use of symbols related to abstract concepts. Early in the period there is a return to egocentric thinking, however, the individual is moved to a much broader perspective and thinking beyond self (Siegler, 1991). At this stage individuals are able to think abstractly about various issues such as morality, justice, truth, and the nature of existence. They are also able to provide alternative, competing beliefs about these issues. Therefore, cognitive development becomes a pre-requisite for acquiring morality based upon abstract principles. LAWRENCE KOHLBERG Lawrence Kohlberg (1927-1987) is considered by some to be the most distinguished psychologist of recent time in the field of moral development. Expanding upon Piaget’s stages theory, Kohlberg began his lifelong work in studying cognitive moral development (CMD) in 1958 with his dissertation at the University of Chicago (Kohlberg, 1981) Kohlberg suggested that moral judgment develops through six stages divided into sequences of three levels. His stage theory implies that moral changes will always move in an upward direction and individuals must progress through each stage as there is no skipping of stages. Furthermore, varying social, cultural, or religious conditions do no significantly affect the nature of our sequence and only impact the rate at which an individual will progress through this sequence. The three levels are preconventional – the first level of morality, conventional – the second level of morality, and postconventional – the highest level of morality. The preconventional level is open to the cultural norms and labels of right or wrong. However, these labels are interpreted in terms of physical or hedonistic consequences to the individual or in terms of the authority or physical power of the enforcers of the rules. This level is divided into two stages: obedience and punishment and individualism and exchange or instrumental relativist orientation. Stage 1 uses punishment to dissuade the individual from doing the action and continuing to obey the rules. That is, action is motivated by a desire to avoid punishment. In Stage 2, the morality of the action is judged by how it satisfies the needs of the person doing it. Actions are motivated by the rewards or benefits to the individual. At the conventional level the individual’s moves into adolescence and the shift to formal operation thought. The focus is on maintaining the expectations of society and societal roles such as the family, group, or culture, regardless of the consequences. This attitude is one of conformity and loyalty, and level is divided into two stages: Stage 3 – Interpersonal Concordance or â€Å"Good Boy-Nice Girl† Orientation and Stage 4: Society Maintaining or â€Å"Law and Order† Orientation. Moral behavior at Stage 3 is based upon what is approved by others and what pleases or helps others. There is a further shift around mid-adolescence, and the child moves towards respecting the authorities and following the rules, as well as being a â€Å"good citizen†. Both stages require the ability to think about abstract values such as â€Å"social order† and â€Å"duty† and to consider the motives behind the behaviour (Morris and Maisto, 2008) 0063. Finally, the postconventional level, referred to as the â€Å"autonomous† or â€Å"principled† level, involves Stages 5 and 6 of moral development and is mainly concerned with universal principles that relate to the action done. The individual tries to define moral values that are valid apart from the authority of groups. This level also has two stages, Stage 5 – Social Contract Orientation and Stage 6 – Universal Ethical Principles Orientation. In Stage 5 existing laws which are created to protect individual rights define moral actions and the individual examines various values and opinions of different people before deciding on the morality of the action. At this stage the individual may consider the possibility of changing the law for  reasons of social utility. In Stage 6, the final stage of moral reasoning, the individual’s conscience, in harmony with the individual’s chosen ethical principles defines moral action. These ethical principles include equality of human rights, justice, reciprocity, and respect for human dignity. As the individual becomes attached to his or her own ethical principles, the judgement may become innate and there is a high possibility that the judgement may violate the laws and rules. COMPARE AND CONTRAST PIAGET AND KOHLBERG’S THEORIES There are obvious correlations and differences between the theories of Piaget and Kohlberg. As stage theorists, Piaget is the first to propose that cognitive development occurs over stages. He hypothesized that intellectual development in children occur in a hierarchical manner, in four stages from infancy to adolescence. Kohlberg hypothesized moral development occurring over five hierarchical stages. However, unlike Piaget who specifies age ranges and limits his development to adolescence, Kohlberg’s theory does not specify age ranges and occurs throughout the life span. Furthermore, Piaget’s theory proposes that cognitive development occurs in conjunction with biological development, whereas Kohlberg believed that moral development and the understanding of what is morally right or wrong stems from socialization with parents, teachers, and peers. Both theorists believed that cognitive development is influenced by the individual’s social environment. Based on Piaget’s theory, moral development occurs in two distinct stages. Children initially believes that their parents or God dictates rules and as such, their moral judgements are based on the consequences of their actions rather than their intentions. Around age eleven, this way of thinking about morality changes as children begin to understand that morals are based on their own judgements and intentions. Essentially, children transition from a more concrete understanding of morality to a more abstract understanding. They now realize that rules are not absolute and really just ways that human beings to cooperate and coexist. Kholberg did not dismiss Piaget’s theory, but built upon them, offering a  more refined and deeper understanding of moral development in children in a six-stage model. Like Piaget, Kohlberg believed that children’s first understanding of morality is based on rules and the consequences of their actions. He also believed that children struggled with similar issues such as relationships, individual rights, social orders, and universality over a period of time. However, his theory provides a more detailed and in-depth understanding of the moral development of humans than Piaget’s theory. IMPLICATIONS FOR COUNSELLING Counselling professionals need to have a grasp of the basic theory and concepts of the growth periods in human development. This is not only important for the client, but the counsellor as well, who must be self-aware and knowledgeable about any development issues in his or her past that may benefit from a review of the theories. Since many of the psychotherapy methods and approaches reference incidents and issues in the client’s past, an astute counsellor will mentally reference the developmental stages in order to determine how the client’s level of development at the time may have influenced a particular trauma. According to Colin Feltham (2006), a counsellor who is knowledgeable about common age-specific characteristics is better able to provide help in assessment and the planning of and referral for therapy. For example, Piaget believed that children ages zero to seven years, who have not transitioned into the operational period, do not process the concepts of death and loss in the same way adults do. There is a lack of maturity of understanding in this area and a counsellor who is ignorant of this could transpose adult emotions such as loss, grief or anger to a young child, resulting in the child being confused. In the same way, adolescence can be a distressing period as teens and young adults’ transition into the Formal Operations period. They may be experiencing pressure to fit in and conform, while processing significant physical, emotional and moral changes at the time. The effective counsellor who is both informed and empathetic will be better able to support and guide his or her client. In conclusion, significant links have been identified between cognitive and moral development theories and counselling behaviours. There are links  between cognitive complexity and empathy; moral development and empathic response. Counsellors who are at higher stages of moral and cognitive development are more empathetic, usually more able to define themselves and clients in positive terms, are more likely to analyse their reactions to client in an objective manner, and are more aware of the interactive nature of the counselling relationship. That is, counsellors at higher stages of cognitive and moral development are better equipped to handle the complex problem-solving and social interaction that is required in the counselling process. REFERENCES Cognitive and Moral Development 3 APPENDIX THEORETICAL FRAMEWORK OF COUNSELLING KHOLBERG’S LEVEL AND STAGES PIAGET’S COGNITIVE IMPLICATION FOR COUNSELLING Behaviour Therapy Preconventional Level (Stages 1 & 2)

Practice Exam 1

Choose four (4) of the following questions and answer them in short essay format. All questions are worth equal marks. (12. 5 marks each) QUESTION 1 (12. 5 marks) Discuss the key factors in the international environment that managers of emerging global organisations look to as threats to their international operations. Provide examples as appropriate. International Environment is the management of business operations conducted in more than one country and usually outside of the organisations normal environment (out of the country).Legal-Political Environment: Political systems the organisation may be unfamiliar with; dealing with the government. – Political stability – Quotas, tariffs and taxes – Law and regulation Economic Environment: Economic conditions in which the organisation operates in – Consumer Market – Exchange rates – Economic development (Developing country? Depression? ) Sociocultural Environment: Common behaviour and way of thi nking among the consumers. – Religion – Time orientation – Beliefs and values(Hofstede) – Language QUESTION 2 (12. 5 marks)What are Porter’s competitive forces in an organisation’s environment? Explain them and provide examples to illustrate your answer. Threat of new entrants: – Capital requirements and economic of scale are potential barriers – Easier to enter mail order business than automobile due to high capital cost – Technology made it easier for new entrants to enter market. – Threat of existing rivalry: – Coke VS Pepsi, Toyota VS Honda – Influenced by the other four forces and cost-product differentiation Threat of substitute products: – Affected by cost changes or trends Internet open new ways to meet customer needs – Low cost airline tickets VS travel agencies Bargaining power of buyers: – Few buyer, many suppliers. Goods are standardised. (High buyer power) – B uyer gets more information about the car they want to buy; accident before? Bargaining power of suppliers: – Many buyers, few suppliers. Highly valued products. (High supplier power) – Airplane engine suppliers will have great power due to lack of competition – Internet helps the suppliers to reach end users and greater number of buyersQUESTION 3 (12. 5 marks) What is the difference between organisational structure and organisational design? Outline the six elements of organisational design. Organisational structure is a framework that defines the way tasks are assigned, the formalization of reporting relationships and the effectiveness of coordination of employees across departments. It is an expression of who is performing various tasks and how they are related to one another whereas organisational design is the process of reshaping or changing the organisation structure.Organisation leaders develop plans to function or perform better. Six elements are: 1) Wor k Specialisation – A. k. a Division of labour. Main idea is to divide the jobs so that everything is not done by one individual. Employees can focus on doing specific functions in their own department allowing them to effectively and efficiently specialise in that particular job. 2) Chain Of Command – Line of authority from the upper level of organisation to lower level of organisation and classifies who reports to whom. Unity of command where each employee is held accountable to only one supervisor.Scalar Command defined line of authority that refers to all employees. 3) Responsibility, authority & delegation – Authority is the legitimate right of managers to issue orders, make decisions and allocate resources. Responsibility is the duty to perform a task an employee is assigned to and usually comes with authority for managers. Delegation is the transfer of authority to a lower level position in the hierarchy. 4) Span of management – Refers to the number of employees reporting to a supervisor. Also known as span of control.Determines the number of employees a supervisor can effectively and efficiently manage. 5) Centralization & decentralization – Centralization is when the authority is located at a single point usually at the top level of the organisation and decentralization is when decision authority is pushed down to lower organisation levels. Decentralization is believed to relieve burden on top managers, make greater use of worker skills and abilities and permit rapid response to external changes. 6) Formalization – Process of creating written documents to direct and control employees.These include rule books, regulations and job descriptions. These provide the employees with descriptions of tasks, responsibilities and decision authority. QUESTION 4 (12. 5 marks) A contingency approach to leadership seeks to explain the relationship between leadership styles and specific situations. Describe Hersey and Blanchard ’s situational leadership model. Provide examples to illustrate your answer. [pic] QUESTION 5 (12. 5 marks) Managers faced with ethical choices have a number of approaches that they may use to guide their decision making.Discuss the various approaches to ethical decision making, providing examples to help explain your answer. Utilitarian approach is the moral behaviour of producing the greatest good for the greatest number. Decision makers are to consider the effect of all parties and select one that best gives satisfaction to the greatest number of people. Squatter homes are not abolished because the government may find that leaving the squatter homes untouched may be a better option as it provides as a home for many people.Dunlop closed their manufacturing plant in Australia and decided to open one in Thailand and Malaysia, managers justified that decision on the basis that it produces greater good to the company as a whole. Individualism approach promotes the individualâ⠂¬â„¢s best long term interests which will lead to the greater good. The action in which is intended to produce greater good than bad to the individual rather than other alternatives. This will in turn, lead to greater good as individual’s behaviour fits the standards of behaviour people wants towards themselves.Moral rights approach defines the fact that human beings have rights and liberties that cannot be taken away by another individual. This approach suggests companies to maintain the rights of the people affected by it. Western countries give their people the right to have their own say (freedom of speech) and in some companies, they give their customers the freedom to speak and complain. Hence, the saying the customer is always right. Justice approach is the moral decision based on equality, fairness and impartiality. There are 3 types of justice concerning managers: distributive ustice where people should not be treated differently based on illogical characteristics s uch as gender. Procedural justice where rules should be administered fairly and consistently and Compensatory justice where individuals should be compensated for the cost of their injuries by the party responsible. QUESTION 6 (12. 5 marks) A current issue for HRM involves the changing nature of careers, and the evolving dynamic of relationships between employers and employees. Discuss the major issues involved in the changing nature of careers, and the HR issues in the new workplace. Provide examples as appropriate.Major Issue: Changing social contract Issues in new workplace: 1) Becoming employer of choice – company highly attractive to employees due to HR practices that focus on not only tangible benefits but intangible too. 2) Team & Projects – People who used to work alone now has to work in groups. Many workers handle multiple tasks and responsibilities. 3) Temporary employees – Demand has grown for professionals. Contingent workers means reduced payroll an d benefit costs as well as increased flexibility for both employer and employee. 4) Technology – Virtual teams and telecommunicating ) Work/Life Balance – Telecommunicating helps employees work from home to balance life and work. 6) Downsizing – Some companies have to downsize and let employees go. ———————– Old contractNew Contract Employee Employer – Job felt secure – One part of the organisation – Knowing – Routine Jobs – Standard training programs – Limited information – Traditional compensation package (typical benefits) – Manage own career (employment not guaranteed) – Partner in business improvement – Learning – Challenging assignments – Continuous learning, lateral career – Information & resources – Creative development opportunities Practice Exam 1 Choose four (4) of the following questions and answer them in short essay format. All questions are worth equal marks. (12. 5 marks each) QUESTION 1 (12. 5 marks) Discuss the key factors in the international environment that managers of emerging global organisations look to as threats to their international operations. Provide examples as appropriate. International Environment is the management of business operations conducted in more than one country and usually outside of the organisations normal environment (out of the country).Legal-Political Environment: Political systems the organisation may be unfamiliar with; dealing with the government. – Political stability – Quotas, tariffs and taxes – Law and regulation Economic Environment: Economic conditions in which the organisation operates in – Consumer Market – Exchange rates – Economic development (Developing country? Depression? ) Sociocultural Environment: Common behaviour and way of thi nking among the consumers. – Religion – Time orientation – Beliefs and values(Hofstede) – Language QUESTION 2 (12. 5 marks)What are Porter’s competitive forces in an organisation’s environment? Explain them and provide examples to illustrate your answer. Threat of new entrants: – Capital requirements and economic of scale are potential barriers – Easier to enter mail order business than automobile due to high capital cost – Technology made it easier for new entrants to enter market. – Threat of existing rivalry: – Coke VS Pepsi, Toyota VS Honda – Influenced by the other four forces and cost-product differentiation Threat of substitute products: – Affected by cost changes or trends Internet open new ways to meet customer needs – Low cost airline tickets VS travel agencies Bargaining power of buyers: – Few buyer, many suppliers. Goods are standardised. (High buyer power) – B uyer gets more information about the car they want to buy; accident before? Bargaining power of suppliers: – Many buyers, few suppliers. Highly valued products. (High supplier power) – Airplane engine suppliers will have great power due to lack of competition – Internet helps the suppliers to reach end users and greater number of buyersQUESTION 3 (12. 5 marks) What is the difference between organisational structure and organisational design? Outline the six elements of organisational design. Organisational structure is a framework that defines the way tasks are assigned, the formalization of reporting relationships and the effectiveness of coordination of employees across departments. It is an expression of who is performing various tasks and how they are related to one another whereas organisational design is the process of reshaping or changing the organisation structure.Organisation leaders develop plans to function or perform better. Six elements are: 1) Wor k Specialisation – A. k. a Division of labour. Main idea is to divide the jobs so that everything is not done by one individual. Employees can focus on doing specific functions in their own department allowing them to effectively and efficiently specialise in that particular job. 2) Chain Of Command – Line of authority from the upper level of organisation to lower level of organisation and classifies who reports to whom. Unity of command where each employee is held accountable to only one supervisor.Scalar Command defined line of authority that refers to all employees. 3) Responsibility, authority & delegation – Authority is the legitimate right of managers to issue orders, make decisions and allocate resources. Responsibility is the duty to perform a task an employee is assigned to and usually comes with authority for managers. Delegation is the transfer of authority to a lower level position in the hierarchy. 4) Span of management – Refers to the number of employees reporting to a supervisor. Also known as span of control.Determines the number of employees a supervisor can effectively and efficiently manage. 5) Centralization & decentralization – Centralization is when the authority is located at a single point usually at the top level of the organisation and decentralization is when decision authority is pushed down to lower organisation levels. Decentralization is believed to relieve burden on top managers, make greater use of worker skills and abilities and permit rapid response to external changes. 6) Formalization – Process of creating written documents to direct and control employees.These include rule books, regulations and job descriptions. These provide the employees with descriptions of tasks, responsibilities and decision authority. QUESTION 4 (12. 5 marks) A contingency approach to leadership seeks to explain the relationship between leadership styles and specific situations. Describe Hersey and Blanchard ’s situational leadership model. Provide examples to illustrate your answer. [pic] QUESTION 5 (12. 5 marks) Managers faced with ethical choices have a number of approaches that they may use to guide their decision making.Discuss the various approaches to ethical decision making, providing examples to help explain your answer. Utilitarian approach is the moral behaviour of producing the greatest good for the greatest number. Decision makers are to consider the effect of all parties and select one that best gives satisfaction to the greatest number of people. Squatter homes are not abolished because the government may find that leaving the squatter homes untouched may be a better option as it provides as a home for many people.Dunlop closed their manufacturing plant in Australia and decided to open one in Thailand and Malaysia, managers justified that decision on the basis that it produces greater good to the company as a whole. Individualism approach promotes the individualâ⠂¬â„¢s best long term interests which will lead to the greater good. The action in which is intended to produce greater good than bad to the individual rather than other alternatives. This will in turn, lead to greater good as individual’s behaviour fits the standards of behaviour people wants towards themselves.Moral rights approach defines the fact that human beings have rights and liberties that cannot be taken away by another individual. This approach suggests companies to maintain the rights of the people affected by it. Western countries give their people the right to have their own say (freedom of speech) and in some companies, they give their customers the freedom to speak and complain. Hence, the saying the customer is always right. Justice approach is the moral decision based on equality, fairness and impartiality. There are 3 types of justice concerning managers: distributive ustice where people should not be treated differently based on illogical characteristics s uch as gender. Procedural justice where rules should be administered fairly and consistently and Compensatory justice where individuals should be compensated for the cost of their injuries by the party responsible. QUESTION 6 (12. 5 marks) A current issue for HRM involves the changing nature of careers, and the evolving dynamic of relationships between employers and employees. Discuss the major issues involved in the changing nature of careers, and the HR issues in the new workplace. Provide examples as appropriate.Major Issue: Changing social contract Issues in new workplace: 1) Becoming employer of choice – company highly attractive to employees due to HR practices that focus on not only tangible benefits but intangible too. 2) Team & Projects – People who used to work alone now has to work in groups. Many workers handle multiple tasks and responsibilities. 3) Temporary employees – Demand has grown for professionals. Contingent workers means reduced payroll an d benefit costs as well as increased flexibility for both employer and employee. 4) Technology – Virtual teams and telecommunicating ) Work/Life Balance – Telecommunicating helps employees work from home to balance life and work. 6) Downsizing – Some companies have to downsize and let employees go. ———————– Old contractNew Contract Employee Employer – Job felt secure – One part of the organisation – Knowing – Routine Jobs – Standard training programs – Limited information – Traditional compensation package (typical benefits) – Manage own career (employment not guaranteed) – Partner in business improvement – Learning – Challenging assignments – Continuous learning, lateral career – Information & resources – Creative development opportunities

Demand for Beauty by Society Essays

Demand for Beauty by Society Essays Demand for Beauty by Society Paper Demand for Beauty by Society Paper OHO years. Foot binding was seen as a sign of beauty and attractiveness. Once a girl was of marriageable age, prospective mother-in-laws would come around and pick a wife for her son by the appearance of the girls feet. Foot binding was the act of wrapping a three- to five-year old girls feet with binding so as to bend the toes under, break the bones and force the back of the foot together. The bound foot was also a symbol of identity and virtue. A bound foot signified that a woman had achieved womanhood, and served as a mark of her gendered identity. Foot binding was not considered mutilation but a form of adornment, an embellishment to the human body. (HTTPS://spun. Com/alga/1/2/7565) Life in the Middle Ages was markedly different from the flourishing societies hundreds of years before. The dominance of Catholicism, and shorter life spans all contributed to the beauty ideal of the young, naturally beautiful and rosy-cheeked virgin. Where women Of today idealize celebrities in magazines, during the Medieval period it was the Virgin Mary who reigned supreme. She was normalized in paintings and sculpture as a youthful woman in her teens, her long flowing hair exposed. Very white skin was the main ideal, which women would achieve with a flour-based paste or lead makeup which is very dangerous and poisonous. While white skin connoted lily-white purity, it also helped disguise a lot of skin imperfections (while unknowingly causing many of them). Because of the popularity of pale skin, it made many European women and even men cut and bleed themselves to achieve it. ( Slideshows. Net/ineligibilitys-of-what-society-viewed-as- women-beauty-8005550) Following in the wake of the Middle Ages came the Renaissance era (1 5th Century), or the rebirth of the region. This began in Romance, Italy and quickly spread to the rest of Europe. During the Renaissance, art and beauty flourished once more, and it was not only considered in vogue but a necessity for women to look their best. The prolific art of the era, such as those drawn by the Renaissance masters portrays the beauty ideal of the time: a full, rounded figure, delicate features, smooth and pale skin, light-colored hair, a very high forehead, and flushed cheeks. Such features were associated with lath and nobility, which equated to beauty. The upper class ladies of Northern Europe would pluck their hairlines to make their foreheads seem higher, while in Italy, blond hair was a sign of beauty and high class. As result, women and men attempted to dye their hair by using bleach, saffron/ onion skin dye, and sitting under the sun for hours. England did not hit its stride until nearly the end of the Renaissance when Elizabeth I became queen. The era of her reign is also known as the English Renaissance, and some consider it the golden age of England. Elizabeth I adopted the mantle of The Virgin Queen and took serious measures to preserve this, even up to old age. Queen Elizabeth set many of the trends during this era. She popularized elaborate hairstyles (ideally in a shade of blond-red and with a frizzy texture like her own) and having a pale complexion. TO do this, they would use white powder called cruse, a poisonous mixture of white lead and vinegar. The use of this make-up withered the skin, caused sores, and damaged internal organs. As if lead-based make up wasnt bad enough, arsenic and radiation were later added as well. In the sasss women began to wear face powder that was made with arsenic. Health effects has been linked to a number of cancers including bladder, lungs, skin, nasal passages, and more. ( Businessperson. Com/gross-and-dangerous-ancient-beauty- #iXZZ3T16RCQ3W) Women in Italy also were in the habit of applying eyedroppers of poisonous belladonna to their eyes to make them sparkle, which could lead to vision loss over time (http://Alexei. Com/2014/07/28/beauty-standards-the rough-ages- 1 t). Wearing headdresses along with huge wigs also symbolizes beauty and wealth. Instead of hair gel and spray, lard was used to sculpt wigs in the sasss. The lard would attract rats and often these wigs would become infested with them. The wig was attached to a woman s real hair, which they would leave on for weeks. Sleeping with cages over their wigs became popular to avoid a rat infestation. In the 19th Century, women advocated a modest and natural beauty which means less use of cosmetics. In this century, beauty was all about what was on the inside: as long as your insides were pure, virtuous, and knew their place as a woman. The reign of Victoria brought about an era of modesty, morality, and a life devoted to conservative religious values. The elaborate cosmetics, hairstyles, and fashions of previous eras were now considered Lugar. If you wore bold makeup during this time, you were either an actress or a prostitute, none of whom were considered respectable women. Victorian beauty standards dictated that women appear pale, meek, and delicate creatures it helps that the restrictive corsets of the time led to a lot of swooning. Hairstyles were very modest as pods and soft curls were the norm, and if respectable Women Wore makeup it was with a very light touch, and in soft natural colors. Of course, fair skin was still prized and Victorian women went through great lengths to keep their skin pale to the point of looking sickly. Cold creams scented with rose and pomades made of lard and herbs kept skin smooth and hydrated. The Industrial Age would bring on the rise of mass-produced cosmetics and skincare, such as Ponds with their famous cold cream, and the arrival of subsequent brands would change the landscape of beauty in the next century (http://Alexei. Mom/2014/07/28/beauty- standards-through-ages-I I). During the Roaring Twenties (sass), societal trends reacted against the puritanical Victorian standards of beauty. Popular new short bobbed, waved or shingled hairstyles symbolized the growing freedom of women. The impact of cinema was felt for the first time, as women increasingly took their beauty cues fr om film stars such as Louise Brooks and Clara Bow. The heavy use of makeup also returned to fashion in this era. Generally, white women applied pale powder and cream rouge circles to the cheeks, plucked their eyebrows and penciled in thin arches, and painted their lips very red, emphasizing the cupids bow of the upper lip. Fashion-conscious white men wore their hair parted in or near the center and slicked back with brilliantine -? an oily, perfumed substance that added shine and kept hair in place. This look was popularized by screen idols such as Rudolph Valentine. Some African- American males adopted the conk, a hairstyle popularized by entertainer Cab Galloway. The conk was an attempt to straighten the hair and was accomplished by enduring a truly painstaking process of relaxing with a solution dominated by lye. ( Assurednesss. Com/ history offebeautyp)Asproughout the 1930sass 1940sassllywood starlets continued to set the trends in womens fashion. Longer, more feminine hairstyles became popular again, and women immediately copied Bette Davis curls, Betty GrabGrabbersnpinoth ringlets, and RitaRatawWorrywartsaming waves. Veronica Lake created a sensation by wearing a lock of hair that covered one eye. The hairstyle that most symbolized the era, however, was parted on the side, with soft curls falling over the shoulder. Also, for the first time, tanned skin (for both men and women) began to be perceived as a symbol of high class again showing the influence of screen stars on standards of beauty. Men continued to wear their hair short and often slicked back with oil, and skinny, trimmed mustaches were popularized by stars such as Errol Flynn. (http:// www. ukhaAssurednesss/hMomtory 0f boffybeautyn Asp 1980s thsasse of excess was easily translated into hairstyles, in general -? the bigger, the better. Pop stars such as Madonna and Cyndi LaCindypLapperized a style that included heavy makeup with vibrant neon colors and intentionally messed-up and off-colored hair. Michael Jackson sported the jheri cucheera sparkling wet-looking, heavily processed version of the Afro. Decidedly less audacious middle-class white teen-age boys adapted the punk-influenced spiked hairstyle, which sometimes included a small braid at the back of the neck (the rat tail). Androgyny also made a stunning impact n the 80s, froassinead OSinnedrOConnorhead to heavy metal hair bands with their makeup and explosion of long, dyed hair. In opposition to these trends, a neoconservative preppy look was also in, popularizing traditional short hairstyles for men and women. Todays pTodaysion of Beauty is molded by society. By the advertising, fashion, and cosmetic industries. We live in a society of billboards and ads, PhotoshoPhotostox. WBottom trained to believe that size two is perfect, while most healthy women in America fit into a size 12, and the true meaning and essence of Beauty slowly fades away. ( uffingtoPontificationsemComh-teatimeasuckernd-beauty-_b_5134228. htmI) ThHTMLdia can greatly affect young peoples health. The media broadcasts its perception of what is attractive and young people (both boys and girls) are susceptible to feeling the effects of that Young people can develop a distorted self-image which could lead to eating disorders, depression, or an unhealthy obsession with working out. You cant turn on the television or flip through a magazine without being bombarded with advertisements for weight loss pills, home gyms, and shake weights. Women are airbrushed on the cover of magazines to hide flaws. This creates an unrealistic and unhealthy image of beauty. ( personalPersonalu/Us3/Duobarfpbiogas_social_psychology/201 1/1 1 / media-and-the-perception-of-beauty-l . html) WhHTMLe open a magazine, we never see some 400-pound woman on the first page. Instead we see a woman who is 23% skinnier than an average woman, with her beautiful and flawless face. Many magazines (especially those for teens) offer content about how to look good. These magazines include three things that can affect body image. First, articles about appearance; these articles often include information on how get perfect abs muscles, advice on how to apply akeup, akeepps on what to wear. Second, advertisements; magazines often include ads for beauty and hair products, clothing and perfume. Many of these ads feature women that are underweight and men who are overly muscular. Then, the photos; most photos in magazines are altered so that wrinkles, fat, and pores disappear. Readers only see perfect and unrealistic bodies represented. One study found that 70% of teen girls and as well as boys agreed that magazines strongly influenced what they thought was the ideal body type. Seeing all this content related to appearance can make children and teens feel badly. When they compare their developing bodies to the images in magazines, they might feel depressed that they do not look like what they see. While most of the body image research has looked at how magazines affect girls, research is beginning to show that boys are affected by magazine images as well. (http://cmch. tvCACMenTV/) The Internet and social media provide a platform for women to seek out images Of what they Want to look like, a place for women to search for diet and exercise advice, as well as a an outlet through which women can perform outward comparisons with their peers and celebrities. Social networks may ot creattonew problems for women, but they do certainly intensify existing ones. Social media has made constant the ability to critique and analyze bodies in such a way that promotes body dissatisfaction, constant body surveillance, and disordered thoughts all of these factors that can potential leading to very serious eating disorders. (http://scholarship. claremonClaremontgiDeedevCGInvicegerentrtCGIeArticle#1026;? eses) Tosees as advertising and socializing have begun to merge, our lives have become photo heavy basing much of our judgments on what we see on the screen Of our computers or smartphosmartnessp>The Internet and social media have become more ubiquitous, so the line between the virtual and the real is blurred even more. Now, the perfect female body is not only on the billboard down the street or in the commercial on TV, but is strategically, yet seamlessly placed in our social networks. The slender, yet big breasted and flawless figure is intertwined with photos of our peers on FacebookFaceabletagraMainstreamt, the body type is even replicated amongst ordinary people, not only models and actresses. This unachievable ideal is deceivingly normalized through social media, but is still misleadingly achievable. Comparisons have only become stronger and more powerful, and as a result, more and more drastic measures have been taken to reach a certain ideal. There are now thousands of young girls who post selfiesselflessir social networks -? selfiesselflessre not airbrushed. Girls are attempting to achieve unhealthy body weights that they see in digitally edited photos in advertisements and replicating them on their own social media profiles. Although the ultimate goal of advertisements is to sell a product, and social networks are, as stated in their title, social, both technologies communicate deals: what we want to be like, whom we want to be with, and what we want to have . So, then, it is not that surprising that as the woman in advertising has decreased in size, so has the real woman tried even harder to reach that size. Are people unknowingly succumbing to the same dangers and corruptions that are raised by advertising through their peers on InstagraMainstreamebookFaceablep>After establishing the critical role that advertising plays in the lives of women, I think it is logical to assume that female body image will be similarly affected by other types of media. As the thin ideal portrayed in the edia hasEdieckly decreased in size, often due to photo editing software like PhotoshoPhotosomen have participated in extreme dieting habits. This is very horrible if social networking sites will exacerbate this problem. The perception of beauty is forced upon people in society from an early age through Cartoons and Animated Films. Firstly in childrens literature, Adams (1985) argued that children have become accustomed to hearing fairy tales, whether they are in books read before bedtime or in films. These stories continuously associate ugliness with bad and beauty with good (cited in Bull and Rumsey, Ramsey This can be applied to the well-known story of Cinderella (1950), a beautiful girl living with her stepmother and two ugly stepsisters. The stepmother and stepsisters mistreat Cinderella and make her do all the chores so they are instantly portrayed as bad people and their appearance is associated with this. Then towards the end, Cinderella finds her prince at the ball and lives happily ever after, implying that good things only happen to beautiful people. In addition to this, another popular fairy tale is Snow White and the Seven Dwarfs (1937), which is about a young girl who is poisoned by her jealous stepmother, the evil queen. Weitz (1Whiteargued that when the evil queen said if who is the fairest of them all. She is not asking a simple question; it has a much deeper meaning. The evil queen is battling with her loss of beauty and the thought of someone else being more beautiful than her. It shows that beauty is not just a physical entity but also a symbol for power and position. Not only is the evil queen getting older and losing the features that made her look young and attractive, she feels that on (Evil Stepsisters, Cinderella, n. d. ) (EvDl Queen Gives Snow White Poisonous Apple, n. d. )8 toD of this, she is losing her power as queen to her stepdaughter. Therefore, this sense of jealousy causes the queen to poison Snow White so she can continue to be the ruler of the land. This childrens fairy tale conveys the impression that you should do whatever it takes to be beautiful even if it means hurting someone else. http://wHttp. whomex. aEssex/sACioUKgy/documents/ research/publications/ug_journGU/voll 0/2pollC11CASSOCKSeJaMiscellaniespFallowPDFr, the famous novelist, Roald DaRoyald contrasting ideas of beauty. In his book The Twits (2007), he put a lot Of emphasis on inner beauty, as opposed to external beauty. This book is very positive for children as it uggests su ggestsople who have good thoughts are beautiful. External features such as the length of hair, the size of eyes and the shape of nose are not important when considering who is beautiful. In my opinion, this is a very key issue for children to be educated about rather than external beauty and consumer products such as make up. Secondly, the societal standards of beauty are enforced on children through toys. The Barbie doll has dominated the consumer market for toys for over fifty years, Barbie is so pervasive in contemporary popular culture that she hardly requires description (ToffoletDefoliate57). As one of the best-selling fashion dolls, the Barbie doll can be very influential on impressionable children. According to Dittmar,DimmittelHallowed (200Vive girls exposed to images of Barbie dolls reported lower body esteem and a greater desire for a thinner body shape in comparison to girls exposed to Emme dolMemea US size 16, and no dolls. The Barbie doll covertly enforces the expectations of society in relation to beauty onto children. The Barbie doll has a large variety of clothes, shoes and other commercial goods along with an endless list of different careers. One example of how the Barbie doll egativelactively children is the creation of the Slumber Party Barbie in 1965. Her accessories Were a set of bathroom scales permanently set on to 1 1 Olbs andLobsook titled How to Lose Weight, which only contained one instruction Dont eat (De Lacey, 2012). Furthermore, the book that contains the phrase dont eat is very unrealistic, as it is widely known that forcing yourself to miss meals can be very dangerous, as the body needs fuel to function. The Barbie doll is targeted at children and if they are able to identify with their dolls, they are more likely to be influenced by them or even consider them as role odels.Most of the children who have these dolls do not already know that her figure is unachievable and would therefore; want to conform in order to have a similar appearance to Barbies. The only way they could try and attempt this is by using the means Barbie uses: not eating. Children are impressionable so by playing with this doll, they unconsciously become aware of what is expected of them, in regards to beauty, from society. In my opinion, just as t he pretend baby dolls that little girls play with condition them for their future role as a mother, the Barbie doll conditions young girls for what is xpected expectedr future appearance. It is sending the message that beauty is the main priority and girls should use any means to achieve it, even if it leads to being unhealthy. Sometimes, because of your not so blessed physical appearance some will just drop a comment at your photo and say something unpleasant. CyberbulSpellbindingwhen a child or teen threatens, harasses or humiliates a peer using electronic technology, or is the victim of such actions.

Difference and Usages Between To and Too

Difference and Usages Between To and Too Sometimes a seemingly small error can turn a great paper into a dud. Using to when you should have used too might seem like a small matter to you, but it can be one of those errors that make the red ink pens fly. This is one mix-up that makes teachers and professors crazy! The key to remembering when to use too instead of to is the extra o in too. The word too is used when youre referring to an extra or excessive amount of something. For instance: Im too tired to do another math problem. (excessively tired)Ive eaten too many blueberries and Im feeling sick. (an excessive amount)Im coming to your party too. (as an extra person)I think the school day starts too early. (excessively early) The word to has many uses. 1. It can be a preposition expressing a certain direction or location: I am going to the coffee shop. 2. It can be a proposition that identifies a thing or person being affected by something: That situation seems crazy to me. 3. It can make up (or indicate) an infinitive verb form. Marigold loves to sing.To live well is my goal. More Tips for Using Too If you are already in the habit of mixing to and too, it will take a little practice to correct yourself. They key is to stop and make a conscious decision each time you start to write the word to. Ask yourself if: You could substitute the word very.You could substitute the word excessively.You are dealing with an increase in number or degree of something.You could substitute the word also.Youre talking about going past a certain limit.You could substitute the word exceedingly. Notice how each case above deals with the notion of an extra amount? Just think about that extra o in too as you write and proofread. Youll be cured of a bad habit in no time!

Antitrust Law Case Essay Example | Topics and Well Written Essays - 750 words

Antitrust Law Case - Essay Example The antitrust laws are enforced by the public and private sectors. The United States department of justice antitrust division and the federal trade commission divide the responsibility for investigating and litigating cases under the Sherman act, and they also consider potentially anticompetitive merges under the Clayton act. In the private sector, any person that is injured in his business or property by a violation of antitrust laws is at liberty to bring an action in court. A prevailing plaintiff is entitled to recover treble damages, costs of suits and also attorney’s fee. The private parties are sanctioned to obtain injunctive help to prevent threatened damages or losses. Most antitrust lawsuits are mostly by private litigants in search of damages for breach of federal and state antitrust laws. The Sherman act is not explicit about the prohibited conduct. On the Other hand, the Clayton act is a bit particular about activities that may be illegal. However, only when such c onduct substantially lessens competition or leads to the creation of monopoly in any line of commerce neither of any that it is defined in the status. The selling gasoline for less than cost violates the act because, Section 1 of the Sherman act contracts, partnership or conspiracies in restraint of trade, prohibits every contract, combination, in the form of trust or otherwise or conspiracy in restraint of trade or commerce among the several states or with foreign nations. A restraint of trade can be defined as an agreement between two or more individuals or entities that affect the process of competition. On the other hand, under this approach also contracts for the purchase and sale of a single

Cash Flow Essay Example | Topics and Well Written Essays - 500 words

Cash Flow - Essay Example helps a company to detect problems with its liquidity because the lack of liquidity may have direct influence of performance of a company even while it is running profitably. A company is also required to prepare the statement as an alternative tool for measuring profitability especially for the profit making companies in the instances when accrual standards of accounting may not be representatives in economic realities. Besides, it illustrates the quality of income where income is interpreted to be of low quality when net income contains much of non-cash items (Kousenidis, 2006). Finally, the statement is instrumental in evaluation of risks in financial products such as the evaluation of a default risk in the company. It is to be acknowledged that an operating company has various ways through which cash is produced while at the same time having various ways through which it spends the funds produced. This therefore explains why a cash flow document contains three main sections where sections on financing and operations indicate the manners in which funds are generated and the section on investment illustrates how funds are utilized (Stoddard, 2013). The cash flow statement comprises three main sections, which are strategic and critical for its essence to a company. The three sections within a cash flow statement are cash flows as emanating from operating activities for the company, flows of cash from activities of investments as well as section on flows of cash from financing activities. Cash flow from operations section is fundamental section within the statement as it outlines gains realized from the activities of the company where changes in the flow would be useful in explaining performances of a company. The amount that companies invest in capital expenditures is the main components illustrated in the investment section while finance sourcing activities especially from outside are reflected in the section on financing activities (Wise,

Organisational Design and Technology Case Study

Organisational Design and Technology - Case Study Example Then the current issues faced by the organization will follow with an internal as well as an external perspective. The research is based on primary as well as secondary data. But the process began with exploratory research to define the problem, descriptive research to better describe the aspects for further explanations, implementing the findings and then analyzing plus reporting the research findings. This research method was a survey of the organization. The major advantage is its flexibility. But it has limitations such as source reliability can be a problem since it is not necessary that the information obtained is correct and at times there is no way to check its reliability. British Petroleum or most commonly known to be as BP is one of the largest energy companies. They provide their customers with fuel for transportation, energy for heat and light, retail services and petrochemical products. This company produces an Annual report at the end of every year. It is a huge organization and has a formal structure. They are a public ltd company with their shares floated on the stock exchange. The company boasts of more than 97000 workers who have managed to produce a turnover of $266 billion in the yr 2006. They have 18 refineries and active exploration in 26 countries. The company has 6 core brands namely: Castrol, BP, ARCO, ARAL, am/pm, and Wild Bean Caf. About BP BP has transformed from a local oil company into a global organization working in 100 countries across six continents. The expedition to look for oil began in 1901 and the company was founded by Mr. William D'Arcy in 1908. The company boasts of a remarkable 103 year journey. Purpose: The purpose of the business is to find, produce and market energy resources that satisfy the basic needs of people around the world. They also aim for fuel progress that will lead to economic growth and to invest in a sustainable environment. Organizational Structure: The structure of BP is divided into 3 segments or departments to enable effective management and success of the organization. 1. Exploration and Production: This covers the oil and natural gas exploration. The management of crude oil and natural gas pipelines plus the processing and exportation in included. The company is currently exploring in 25 countries. 2. Refining and Marketing: This segment is responsible for the supply, refining, trading, marketing and transportation of crude oil and petroleum products to wholesalers and retailers. They market their products in more than 100 countries. The company owns 18 refineries out of which five are in USA, seven in Europe and the rest are situated in different countries around the globe. Marketing focuses on three business areas; retail, lubricants and business to business marketing and they market a range of refined oil around the world. 3. Gas, power and renewables: The gas and power business was introduced in 1999 and renewables were added in 2002. This segment has three key aims to follow: to increase the value of their natural gas products, to increase the value of their natural gas liquids (ethane, propane, butane and pentane) and to build a profitable business of renewables. They market the

Freedom of contract essay, types of contracts

Freedom of contract essay, types of contracts THE PRINCIPLE OF FREEDOM OF CONTRACT INDEX Summary †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 3 Giving efficacy to a contract †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 5 The importance of good faith †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 5 Unconscionable bargains †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 6 Unreasonable conditions in the contract of insurance †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 7 ‘Subject to contract’ term †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8 Exemption clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Contract of sale of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Consumer protection †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 Standard form contracts †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Exclusion clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Penalty clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 13 Contract of agency †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 Tenancy law †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 17 Carriage of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 18 Freedom of contract for players †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 Conclusion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 List of case laws †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 Summary The premise for the principle of freedom of contract is that the parties could make agreements on a wide variety of subjects and choose those terms that they agree as convenient for the fulfilment of the contract. Court normally refrain from questioning the substance of bargains and would ensure only that the parties have observed appropriate formalities. The principle of freedom of contract is similar to the civil law rule of pacta sund servanda that has regulated the domestic, international and transnational commercial agreements. While interpreting the contract, the courts have to be objective because in the process of interpretation the courts should not create new contracts. Courts would seek to ascertain either what the parties intended or if this is not forthcoming from the terms of the contract then apply the test of how the words would be understood by a reasonable person. Thus contract law is a series of abstractions formed by individual autonomy and judicial deference. But the principle is not unfettered. The legislations limit the scope of contract for protecting social welfare and consumer protection statutes. This gave the courts scope to develop exceptions which is discussed in detail in this paper. Courts began to police the fairness of agreements, developing new doctrines like unconscionability that allowed them to intervene to protect parties with unequal bargaining power. The fact that the principle of freedom of contract continues to share the stage with competing principles should not be surprising. Law always reflects a community’s values and the continuing conflict in our societies between individual freedom and public control[1]. The conflict is unavoidable in a liberal democracy and the best approach is to make reasonable compromise after a case by case analysis. The nature of such compromises will keep changing as the society’s interests evolve leading to the liberal or restricted application of the principle. In this paper the principle of freedom of contract is examined on basis of the hypothesis that the theory of freedom of contract leads the courts to passively enforce the intentions of the parties. In reality, however, the law of contract gives the courts scope to use discretion and do what is fair and reasonable between the parties. However the paper does not conclude that the principle has been watered down by interference from the court of law but has only assisted in exceptional circumstances when the bargaining power of the parties are not the same or when unreasonable and unconscionable contracts are formed. It would be anomalous to conclude that the principle of freedom of contract is far removed from practice. In fact where commercial agreements are entered into by equally competent parties the court do not read anything more to the contract than what was intended by the parties while entering into the contract. The paper examines the principle from general contract law perspective and also analyses special contracts such as the contract of sale, insurance, carriage of goods and agency. Introduction The general principle of the contract law gives prominence to the concept of intention of parties when entering into a contract. This assumption leads to the development of the thought that the parties are individuals with reasoning and are free to enter into any form of contract so long as there is consensus. The intention of the parties is significant in determining whether there is consensus ad idem among the parties entering into the contract. The emphasis on the intention of the parties is logical where a term is implied in fact. Under common law any person is entitled to exercise any lawful trade subject to restraint of trade for public policy reasons. This doctrine extends to contracts restricting the way in which a tradesman carries on business on a piece of land, and to restraints imposed by the rules or practices of professional or other bodies controlling particular activities. In Petrofina (Great Britain) Ltd v Martin[2], it was held that the agreement which restricts the supply of motor fuel only to one particular supplier was valid because it did not affect public policy and parties have voluntarily entered into the contract. The doctrine of restraint of trade whether partial or general restraint, will be good only if they are reasonable and is within the circumscribed limits of the interest of the public, the covenantee and the covenantor. Any restriction upon the freedom of contract to which the restraint of trade doctrine applies must be shown to be reasonably necessary for the purpose of the free dom of trade.[3] A restraint reasonably necessary for the protection of the covenantee must prevail, unless some specific ground of public policy can be clearly established against it. In Russell v Amalgamated Society of Carpenters and Joiners[4] where the area from which the employers, not parties to the agreement, could obtain workmen was held unreasonably restricted. The principle of freedom of contract and the enforcement of contractual promises against the promisor arises out of the economic necessity of compelling observance of bargains and the moral justification that promise was freely given. The evolution of this principle can be traced back to the Slade’s case[5] where the action of assumpsit (where the essence of the undertaking was considered while interpreting commercial contracts) was applied. The action of assumpsit was abolished in the 19th century and left behind the principle of the freedom of contract which evolved over the years with some carve outs and exceptions. The courts still consider the principle of the freedom of contract vital but certain assumptions need to be fulfilled such as equality of bargaining power and legality of the contract. Also to some extent, the law has interfered with[6] or excused a party from literal performance of his promise. This is especially true when we consider the doctrine of frustratio n[7]. Nevertheless it remains generally true that the law of contract does not lay down rights and duties, but rather imposes a number of restrictions subject to which the parties may create by their contract such rights and duties as they wish. Much of the litigation is for determining the construction of the contract to determine what the promisor promised. The earliest case law on the freedom and sanctity of contract was in 1795 in Cutter v Powell where a seaman who was to be paid his wages after the end of a voyage died just a few days away from port. His widow was not able to recover any of his wages because he had not completed performance of his contractual obligation.[8] The civil law principle of pacta sund servanda means the promises and prior commitments must be fulfilled and is similar to the principle of freedom of contract. Pacts and clauses are law between the parties and imply that the non fulfillment of respective obligations is a breach of the pact. The role of the courts is minimal to balance the principle of freedom of contract and protect the weak contracting parties. Giving efficacy to a contract While giving efficacy to contracts, the courts have construed the intention of parties but the courts do not cross the line and create new contracts thereby giving any one of the contracting party a new advantage. A term is implied where it is necessary in the business sense to give efficacy to the contract. The well known tests for construing the contract are: the intention of the parties; or the test of a reasonable person. The intention of parties test bolsters the principle of freedom of contract as the courts would be enforcing obligations on parties as envisaged at the time of entering into the contract. However the second test i.e.: the reasonable person test somehow stands antithetical to the principle of freedom of contract. The test may find use under certain peculiar circumstances, reflecting implications in law. An implied warranty or a covenant in law, as distinguished from an express contract or warranty is really founded on the presumed intention of the parties, and upon reason. The implication which the law draws from what must obviously have been the intention of the parties is drawn with the object of giving efficacy to the transaction. The importance of good faith During the 19th century the English courts had a much more relaxed attitude towards the good faith and other elements of the contract, holding the freedom of contract principle as the sine qua non for parties to deal with the promises made. The courts now strike down agreements on the grounds of illegality, incapacity, mistake, duress, misrepresentation, implied terms, frustration and unfairness. Using the principles of equity, the courts have diminished the severity of the common law principle. The courts look beyond the form of the contract and look at the intention of the parties to construe a contract. According to Professor Summers[9], the American Restatement[10] bestows a general and residual duty of good faith contractual performance which may be enforced in the absence of any more specifically exigible contractual provision or statutory superimposition. But this argument is not without criticism. Without the backing of the good faith principle the principle of freedom of con tract would seem unfettered where the parties are free to write their own contracts and that the law does not have a role to import any terms or conditions other than those expressly agreed or necessarily implied by the parties. Unconscionable bargains The courts have time and again interfered with the terms of the contract even in the absence of duress or undue influence if the terms of the contract are harsh or unconscionable. It not just sufficient to establish that one party has a better bargaining power. It has been held in Burmah Oil Co v Bank of England[11] that equity will not intervene merely because one party has superior bargaining power. There should be some form of economic duress or unilateral mistake as to the terms of the contract. Under English law, relief is given to one, who without independent advice, enters into a contract on terms that are very unfair or transfers property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or brought to bear on him by or for the benefit of the other.[12] There were views based on the thesis that in order to interfere with the principle of freedom of contract on the grounds of unconscionable bargain, ther e should be statutory basis such in the case of unfair consumer trade practices, extortionate credit bargains, swinging exclusion clauses and unfair terms. But subsequent case law decided by the Court of Appeal suggests that the exception to the principle of freedom of contract to protect weaker contracting party (inequality of bargaining power) has survived.[13] The remedies available in respect of unconscionable bargains are subject to the same rules as applicable under undue influence that was laid down in Allcard v Skinner[14]. A party will not be granted relief against an agreement on the basis of unconscionable bargain unless he can show impropriety by the other party in the manner in which the agreement was reached and the terms of the agreement.[15] In Boustany v Pigott[16], the Privy Council laid down the following principle. It is not sufficient to attract the jurisdiction of equity to prove that the bargain is hard, unreasonable or foolish. The party claiming unconscionable bargain has to prove that the contract is unconscionable in the sense that one of the parties has imposed an objectionable term in a morally reprehensible manner that is to say in a manner which affects his conscience. Therefore unconscionable does not just reflect the terms of the bargain but looks at the behavior of the stronger party which may be tainted by moral culpability or impropriety. Unequal bargaining power or objectively unreasonable terms does not provide a basis for equitable interference in the absence of unconscientious or extortionate abuse of power. As a matter of fairness the strong should not be allowed to push the weak to the wall. Thus a contract cannot be set aside as an unconscionable bargain against a party who is not guilty of act ual or constructive fraud. Even if the terms of the contract are unfair in the sense that the contract favors one party more than the other party, equity will not provide any relief unless the beneficiary is guilty of unconscionable conduct. The party seeking the relief must establish unconscionable conduct viz. that unconscientious advantage has been taken resulting in a disabling condition or circumstance. Unreasonable conditions in the contract of insurance A stipulation in a policy may be capricious or unreasonable leading to non enforceability of a fundamental term of the contract. This view does not reconcile with the principle of freedom of contract under English law. This exception is however relevant when the contract terms concluded between an insurer and a consumer is unfair. A condition in an insurance policy which is contrary to public policy is unenforceable, for example a condition by which the insurers impliedly undertake to pay the insured’s personal representatives if the insured under a life policy kills himself while not mentally disordered.[17] But a condition that prevents the policy holder from joining military services is not against public policy i.e.: it cannot be considered that exclusion of cover to a person joining military services cannot be deterrence from performing national duty.[18] Where the conditions are such that it is impossible to perform the conditions from the outset then such conditions are simply disregarded as they are a nullity. ‘Subject to contract’ term ‘Subject to contract’ is a phrase which points to a prima facie evidence for declaring that a concluded contract does not exist. The circumstance in which the parties may enter into such agreement arises when all the terms have not yet been negotiated and agreed. This allows a huge scope for thorough negotiation among contracting parties. However when analyzing some of the case laws one gets an impression that the courts have at times entered into the realm of contracts and added new dimensions to the agreements. In Boyle v Lee[19], Finlay CJ (Hederman J concurring) and O’Flaherty J held that there was no concluded contract because the parties did not agree everything they thought essential. In Embourg case[20] it was held by a unanimous judgment that a contract stated in the documentation such as the estate agent’s and the solicitor’s letters as subject to contracts until the contract is exchanged between the parties and meant that no binding contra ct came into existence because no exchange was made. This was the view the court took despite the fact that both the parties had signed the copies of the formal contract drawn up by the vendor’s solicitors. However a more liberal view was taken in Moran v Oakley Park Developments Ltd[21] where it was held that contract will be enforceable under the doctrine of part performance if the court is satisfied that a concluded oral agreement has been reached between the parties to the contract. Therefore the phrase ‘subject to contract’ purports to deny the existence of the concluded contract and protects the parties in negotiations. The Law Reform Commission also considered the possibility of enforcing such agreements.[22] After examining the implications on the freedom of contract principle the Commission felt that if an agreement were to be enforced as soon as the price were agreed, there would have to be some mechanism for settling other terms. The Commission noted that the Working Group on Land Law and Conveyancing Law had failed to come up with a statutory set of conditions and that a court or arbitrator would be able to settle terms in simple cases only. Generally such phrases like ‘subject to contract’ are seen in contracts of sale. Exemption clause The contract of sale allows for contracting out of the implied terms by express provisions and this is recognized as valid under the Sale of Goods Act 1979. Most of the implied terms deal with the quality of the goods. Under the Sale of Goods Act there are implied terms relating to the title to the goods for the vendor, terms regarding quality and fitness, sale by description implies that the goods match the description and in cases of sale by sample the goods are to match with the sample examined by the purchaser. Under the Supply of Goods and Services Act 1982 there is implied terms relating to care and skill, time of performance and consideration. The habit of ousting the implied terms by express contractual provision had become a widely practiced technique at all levels of commerce, and had received a steadily growing impetus from the ubiquitous appearance of standard contracts on the economic scene. In fact restrictions preventing the use of exemption clause for contracting out of implied terms in a contract of sale can be seen only in cases of consumer sales. However attempts to contract out of the implied term with respect to the title of the property were held to be void in all contracts of sale. Thus a term excluding or restricting the seller’s liability for breach of any of the implied terms would not be enforceable to the extent that it is shown that it would not be fair or reasonable in the circumstance of the case to allow reliance on such terms. Contract of sale of goods The sale of goods is an important branch of the contract law which deals with the sale and purchase of movable assets and relies heavily on the principle of freedom of contract. The seller and buyer normally enter into a contract, oral or written for performing their respective obligations for the purpose of concluding the transaction of sale. The principle of freedom of contract was preserved by the Sale of Goods Act 1893 where it is expressly provided that any right, duty or liability arose under the contract of sale by implication of law could be negatived or varied by express agreement or by the course of dealing between the parties or by usage, if such usage can bind both the parties to the contract. This provision was retained in the subsequent Sale of Goods Act 1979. But the 1979 Act further limited the application of the principle of freedom of contract by subjecting it to the Unfair Contract Terms Act 1977 which limits the extent to which the parties to a contract may negati ve or vary the rights, duties and liabilities arising there from. This principle also finds place in the Supply of Goods and Services Act 1982. Consumer protection The concept of consumer protection gives a different twist to the principle of freedom of contract. Laws that attempted to enforce fair trading was formulated to protect an honest trader from other unfair competing traders. In a consumer level transaction there is significant difference in the bargaining positions of the buyer and the seller. There is no statutory definition for the term ‘consumer’ and in the European Union law the term ‘consumer’ is usually limited to any natural person[23], under English law the term ‘consumer’ is not limited to individuals under the Unfair Contract Terms Act 1977. Even the Consumer Protection Act 1987 contains no statutory definition of the term ‘consumer’. By virtue of the Unfair Terms in Consumer Contracts Regulation 1999, ‘consumer’ means any natural person who is acting for purposes which are outside his trade, business or profession. Standard form contracts The commercial organizations may normally have standard form contracts where the terms are already laid down and it is expected that the party contracting with the commercial organization has to enter into the standard form contract. In such a circumstance there is no scope for any form of negotiation and the principle of freedom of contract is has no application except to the extent that the party may exercise discretion to refuse to enter into the standard form contract. In many cases the standard form is formulated by the trade association or as laid down in the statute. These standard terms may further be circumscribed by the concept of public policy. To an extent the standard form of contract helps to save time and allocate risk appropriately in commercial transactions. Such contracts commonly have certain boiler plate provisions such as the clauses relating to arbitration, consideration, choice of laws, definitions, exclusions, force majeure etc. Since this arrangement affects free negotiability of the terms of the contract, standard forms are subject to the test of reasonableness and some exclusion clauses limited or abrogated. Exclusion clause The exclusion clause is found in a contract where the parties wish to exclude statutory provisions under certain circumstance. Even if the statute does not deal with the status of the exclusion clause, there is no general rule that the courts can interfere to prevent giving effect to the exclusion clause if there is nothing unreasonable or unconscionable. But such exclusion clauses cannot protect a person from his own frauds. Even though the courts do not have a general power to strike out exclusion clauses, the following are some of the situations where the courts of law felt that it was appropriate to interfere with the principle of freedom of contract. A contracting party seeking to rely on an exclusion clause to save himself from liability in contract or tort to the other contracting party must show that it was incorporated as a term of the contract, which usually involves the taking of reasonable steps to bring it to the notice of the other party.[24] Similar principles of incorporation of the terms of the contract apply to the exclusion by non-contractual disclaimer of tort liability.[25] An exclusion clause is to be construed strictly against the party who introduced it and seeks to rely on it[26] (the contra proferentum rule); Whether a clause amounts to an exclusion clause is a matter of substance and effect, so that a similar attitude is taken to indemnity clauses inserted for the same purpose.[27] There is no objection to the public policy grounds to excluding rights of set-off.[28] If an equitable remedy is sought, the discretion of the court cannot be fettered by a contractual provision.[29] Where there is a contract between A and B containing an exclusion clause, a third party, X, will not be allowed to shelter behind the clause in the absence of clear evidence that he is a party to the contract and that the clause was intended to protect him. Similarly the burden of an exclusion clause in such a contract will not generally be imposed on him. The courts may either seek to establish the effect of the contract as a whole, taking into account the exclusion clause in defining the obligations of the parties or the exclusion clause may be regarded as a defence, in which case the court might establish the prima facie ambit of the contractual obligation without the exclusion clause and then consider the effect of the exclusion clause on that prima facie liability.[30] The exclusion clause should be clear to give effect to and to deprive one of the contracting parties of all contractual force with respect to the stipulations in the contract.[31] The task of the courts has been to look at the event and the consequent breach in order to ascertain from the words and conduct of the parties which created the contract between them what their presumed intention was and what should be their legal rights and liabilities whether they should be either original or substituted upon the occurrence of an event of that kind. The basis for the interference to the principle of the freedom of contract is only to the extent of deriving the intention of the parties and determines what was actually excluded and what were retained. Penalty clause Under the law of equity, the contracting party is relieved from the penalty clause where the intention of the penalty is to secure the payment of a sum of money or the attainment of some other object, and when the event based on which the penalty is made payable can be adequately compensated by payment of interest or otherwise. The true ground of relief against penalties arises from the original intention of the parties in the case.[32] In Photo Production Ltd v Securicor Transport Ltd[33] it was held that an agreement must not impose upon the breaker of a primary obligation a general secondary obligation to pay to the other party a sum of money that is manifestly intended to be in excess of the amount which would fully compensate the other party for the loss sustained by him in consequence of the breach of the primary obligation. In Jones v Society of Lloyds[34], Lloyds devised a reconstruction and renewal settlement offer to provide financial assistance to Lloyd’s names in m eeting their accrued liabilities to Lloyds. The settlement included a ‘finality amount’ which was a sum, less than the amount owed by the name, that was required to be paid in order to discharge their liability to Lloyds and a clause in the agreement provided that if an accepting name failed to pay his finality payment then the settlement credits would be lost and he would, therefore, be required to pay the entirety of his liability. It was held that the mechanism was a reverse of the penalty clause and that it was a conditional benefit. Penalty clauses do not find favor before a court of law where it related to penalty in a money bond, payment of money by installments such as hire purchase agreements or for doing or omitting to do a particular act. There should be sufficient reasons for the court to interfere with the freedom of contract and will not generally, merely because a person has made an improvident contract, relieve him from its consequences[35]. The relief is granted only where compensation can be made for the breach. The power to strike down a penalty clause in a contract does not reconcile with the principle of freedom of contract and is designed for the sole purpose of providing relief against oppression for the party having to pay the stipulated sum. It has no application in the cases where there is no oppression.[36] Equity and common law allows interference where the contract is unconscionable or oppressive. Such circumstances arise as a result of : the degree of disproportion between the stipulated sum and the loss likely to be suffered by the plaintiff. This factor is relevant for determining the oppressiveness of the terms of the defendant. the nature of the relationship between the contracting parties. This factor is relevant for determining the unconscionability of the plaintiff’s conduct in seeking to enforce the penalty clause. Before such relief is granted, the courts have to ascertain whether the sum specified in the contract as payable in the event of breach of contract is a penalty or liquidated damages, that is whether at the time of entering into the contract the predominant contractual function of the provision was to deter a party from breaking the contract or to compensate the innocent party for the breach of contract.[37] In Nutting v Baldwin[38]