Thursday, February 27, 2020
Managing performance Essay Example | Topics and Well Written Essays - 3000 words
Managing performance - Essay Example At the forefront of issues and challenges that many if not all great companies of the 21st century are confronted all pertain to its workforce particularly the areas of discipline and efficiency. Much has been undertaken and usually at great expense to effectively manage discipline and employee productivity. The fundamental principle in managing companies big or small is to manage a companyââ¬â¢s performance you have to manage the performance of its employees, officials, supervisors and managers. This leads to the question what is managing performance? Most if not all views and general opinion regarding this idea all refer to the handling as to how a companyââ¬â¢s ability to meet its goals. This is usually forwarded by looking into the nature as well as objectives of its employees to better motivate them as well to make the companyââ¬â¢s part of their long term goals. To an extent ââ¬Å"performance management includes activities to ensure that goals are consistently being met in an effective and efficient mannerâ⬠(McNamara, n.d.). It must be noted that the underlying fact is to be able to attain this by improving as well effectively managing the human element in a corporate setup. To arrive at a better characterization of managing performance it needs to put into context the said term in relation to the main focus of this paper. Moreover due to the complexity, multi ââ¬â dimensional and multi level nature of managing performance it is necessary to narrow dow n any and all succeeding expositions. This in no way set to underscore the fact that all that the term managing performance encompasses as well as all the attached disciplines as well as topic areas are equally important. The point is to have focus as well as a refined discussion of managing performance in the context of this paper. Due to the explanative necessities of this paper the fundamental questions will also serve as the main objectives of the paperââ¬â¢s discussion. Moreover main discussion
Tuesday, February 11, 2020
Integrity Essay Example | Topics and Well Written Essays - 500 words - 1
Integrity - Essay Example about because it shares the same meaning with the other term; ââ¬Ëflammableââ¬â¢ which many people would, and, in fact, should understand to be the opposite of the former. In the usage, and ordinarily in English. When the prefix ââ¬Ëinââ¬â¢ in introduced before the main word stem, then the word created would be understood to mean the opposite of the original word (Kearns 34). In this ordinary sense, the term ââ¬Ëinflammableââ¬â¢ would be understood to mean that substance that does not catch fire easily or non-combustible. This is because the original word, before the addition of the prefix, is ââ¬Ëflammableââ¬â¢ and means that which catches fire easily. Secondly, the term ââ¬Ëinflammableââ¬â¢ originated from the word ââ¬Ëinflammareââ¬â¢. It is not clear whether this term ââ¬Ëinflammareââ¬â¢ is a French or Latin word. It is, therefore, not clear where the origin of this term is, and thereby making it difficult to establish the exact meaning of the word. The only sure way of establishing the right meaning of this word is by attaching the prefix ââ¬Ëinââ¬â¢ before the original word stem and giving it a negative meaning. In addition, when it comes to the current views and uses of the term, it is restricted within a given range of circumstances, which ensures that the common confusion, and especially that which can cause injury to life, does not arise. In this respect and because the term refers to what causes a destruction when mishandled the ââ¬Å"flameâ⬠, the term has been widely used in non-technical and figurative contexts. An example could be in general speech where a speaker cold be said to ignite inflammable emotions in the crowd. The other term ââ¬Ëflammableââ¬â¢ which has the same meaning as ââ¬Ëinflammableââ¬â¢ is used with a lot of ease in technical circumstances. An example is when giving warnings to vehicles ferry substances which easily catch fire. It is in this regard that that I find it unsuitable that, two terms with the same meaning, i.e. the synonyms should have different
Friday, January 31, 2020
Unmanned Aerial Vehicles Essay Example for Free
Unmanned Aerial Vehicles Essay Border security continues to become a core policy development priority for the United States because this cuts across various issues faced by the country including illegal immigration, drug trafficking, human trafficking, smuggling, and terrorism. Congressional debates center on two issues, the focus of border security efforts in relation to budget allocation and means of improving border security (Sullivan, 2009) as a preventive measure instead of a reactive process as in the aftermath of September 11, 2001. Border security involves the patrol of the 6,000 miles of land border with Mexico and Canada and 2,000 miles of coastal waters of Florida and Puerto Rico. The task of border patrol is to identify and assess potential threats and respond effectively. However, even with a large workforce of 30,000, border security has jurisdiction over a large and widespread area encompassing land, sea and air space. (Customs Border Protection, 2009) Patrolling a large area and simultaneously handling the issues of illegal immigration, drug trafficking, smuggling, and terrorist threats makes border security a daunting task because of the limitations in the vantage point of land and sea mobile personnel. This led to efforts to adopt unmanned aerial vehicles (UAVs) as an integral technology for border patrol. Unmanned aerial vehicles refer to aircrafts without a pilot on board and controlled from the ground. These are fitted with sensors that transmit data to orbiting satellites that in turn bounce data to receivers on the ground. The transmission of data takes seconds to happen so that the receipt of data is almost instantaneous. UAVs can fly long distances at high altitudes or short distances at lower altitudes depending on the purpose of use. High altitude flights can provide information on large targets such as trucks while low altitude flights provide better information on smaller targets such as humans. (Valavanis, 2007, p. 533) As a border patrol technology, UAVs fill the limitations of the land and sea vantage points. History and Uses of Unmanned Aerial Vehicles Unmanned aerial vehicles have existed for more than a century and continued to evolve with the development of technologies to improve flight control and dynamics as well as imaging and data acquisition and transmission. UAVs developed as a military initiative and it was only in the past few decades that UAV found non-military or civil use. With its roots in the military, the Department of National Defense defined UAVs as ââ¬Å"a powered aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, can be expendable or recoverable, and can carry a lethal or non-lethal payloadâ⬠(Valavanis, 2007, p. 533). The definition clarifies the capabilities of UAVs, its possible purposes, and the innovative developments that accumulated over the decades. The idea of unmanned aerial vehicles existed as early as the First World War. The idea targeted improvements in the discharge or delivery of guided missiles. However, existing technology was unable to facilitate the development of the flight control system needed to have a functioning unmanned aircraft delivering missiles to the enemyââ¬â¢s territory. The gyroscopic devices developed by Elmer Sperry in 1909 became the predecessor of inertia navigation system applied in modern UAVs. At the same time, the Western Electric Company also developed radio control technology for the remote piloting of aircraft. Radio control together with inertia navigation system paved the way for the development of UAVs. These technologies were adopted by the military in developing a cruising missile but efforts met problems. UAVs were used instead as target drones for anti-aircraft practice and actual warfare countermeasures. This was the first use of UAVs. However, the navy continued research into flight control and navigation initiatives that included the fitting of RCA cameras and radar guidance system to improve control and make drones capable of delivering missiles. Developments led to the use of UAVs as target drones in World War II. (Zaloga Palmer, 2008, pp. 4-9) After the Second World War, the UAVs further evolved into tools in espionage during the Cold War. While control and guidance of the drones continued as an area of innovation, greater focus was given to the image capture capability of UAVs for surveillance. During the 1950s, surveillance UAVs were fitted with daylight and infrared cameras, rocket-assisted takeoff, radar tracking, and radio control. The shooting down of a manned aircraft resulting to the capture of pilots renewed development efforts in the 1970s. Drones became decoys until the Russian radar technology developed to make decoys ineffective. Efforts focused on developing drones with reduced radar signature, increased range, and improved flight control. The new drones were christened as lighting bugs and used in the Vietnam War. (Zaloga Palmer, 2008, pp. 10-12) After the Cold War, technology innovation on UAVs continued in support for combat operations. The 1980s witnessed key developments including improved satellite communications, compact or miniature technology, and state of the art sensors. Improved data and imagery and better navigation control led to the use of UAVs for ââ¬Å"intelligence, surveillance and reconnaissance (ISR) and for time critical targetingâ⬠(p. 1). The development in UAVs split into technology for small and large UAVs. The size was a consideration because of differences in navigation control and capabilities. In large UAVs, the flight and retrieval control is separable from its data and imaging functions so that it can transmit information via satellite links while on flight while in small UAVs retrieval of the aircraft is necessary before obtaining information. (Drew et al. , 2005, p. 1) Now, the uses of UAVs are increasing. Traffic control is one use of UAVs because its aerial view provides accurate information on traffic conditions over a particular area. Search and rescue operations also benefit from UAVs providing an initial view of the situation in conditions unsafe for manned aircraft. (Borchardt, 2004, p. 28) Recently, small UAVs were used to gather data and assess the damage caused by Hurricane Wilma in areas inaccessible due to flooding and blocked roads (Murphy et al. , 2008, p. 164). NASA also developed sensor technology for the monitoring of pollution and measurement of ozone levels using UAVs. The Massachusetts Institute of Technology integrated global positioning technology and video camera control in UAVs for sensing toxic substances and contaminated areas. The Department of Energy also announced the development of radiation sensor for UAVs for use in detecting nuclear accidents. (Bolkcom Nunez-Neto, 2008, p. 2) Different data processing, imaging and other features evolve depending on the purpose intended for UAVs.
Thursday, January 23, 2020
Bill Gates :: essays research papers
Bill Gates à à à à à What does it take to be the richest man? It is obvious that you don’t need to be extremely attractive or even good looking at all. You only have to have a great idea, you have to be an obsessive workaholic, and you have to be willing to beat and crush all of your competitors. Also being a genius, and being in the right place at the right time may help too. Someone that has seemed to accomplish all of these is now the Chief Executive Officer of the Microsoft Corporation and goes by the name of Bill Gates. He currently worth more than 100 billion dollars and is the most wealthy man in the world. There are many people who admire and respect him, and then there are many that hate and despise him. Either way he has managed to develop and successfully operate one of the worlds largest software manufacturers, Microsoft. Microsoft is so successful, and has such control over the computer industry that the U.S. government is filing a lawsuit accusing claiming a monopo ly. How did Bill get himself into this and where he is now? Is it possible he has made too much money and has too much power? You can decide after reading this. à à à à à William Henry Gates III was born on October 28, 1955 in the Seattle suburbs of Washington. He grew up with his two sisters in a family of descent wealth, his father William Gates Jr. a Seattle attorney, and his mother Mary Gates, a school teacher, University of Washington regent and chairwomen of The United Way International. Gates attended public elementary school in Seattle before moving on to the private Lakeside school in North Seattle. There he began cutting classes to hang out at all hours at his schools computer center. He liked computers and learned so much that he began programming them at age 13. Throughout his early teens he and his friend Paul Allen were writing computer programs working on ways to start a business. At 16 they sold a computer-runned system to monitor highway traffic, and made around 20,000 dollars off it, but business ended when the customers found out the young entrepreneurs were still attending high school. After successfully graduat ing high school, Gates wasn’t quiet sure what to do next. He decided to attend Harvard with no specific career goal in mind. While going to Harvard he was your average smart college student with a special interest in the Popular Electronic magazine.
Wednesday, January 15, 2020
Nutrition and Fitness Paper
First step to a healthier new me would be to change my current fitness habit, which is not much other than teaching dance and walking to adding more activity to my week without losing sleep. After looking at what my current fitness routine is teaching two and half hours of dance a week and walking a week for two and half hours I noticed I needed to add more activity to my week. Within that first step is to set a goal of how much time is needed to be achieved a week and how much time is available to achieve that goal. Know at least thirty minutes every day is a healthy goal of activity.So adding at least one hour a week of an activity Is what I need to do. So adding WI Dance Routine twice a week for one hour will help out and give me an extra amount to achieve the goal and go above and beyond the goal. Second step is to improve the area of nutrition, I eat the three meals a day and I even snack a bit for the extra energy kick needed for the day. But nutritional habits are a lot like f itness habits, it focuses on eating right and exercising right. Habits are created to improve or even decrease who we are.So creating a healthy habit is essential to achieve the goal set in front of us. Poor nutrition can lead to obesity which can lead to medical problems in years to come. A normal family's lifestyle can result to unhealthy eating habits with stops at fast food chains. Families need that cooking time together to eat In a healthier way and create positive habits among the parents and the children. I know my eating habits still to this day are affected by my eating habits as a child. My mother worked day and night and my dad also worked long days and sometime nights.So dinner was to a none cooked meal, sometimes It was McDonald's or pizza. So now Tanat I work more than the average forty hour work week, I sometimes slip and eat that fast food because it is there and easy. Knowing that I know I need to make the changes to change my bad habits. Fitting healthy habits int o a hectic life is not easy but following a few steps to get more nutrition and fitness in a hectic life is necessary for any person who wants to make their fifth birthday. Here are a few things that can be put into play right now that can make healthy habits an easy part of the day to day routine.Areas that I have started to make improvements in my own health is in red and highlighted to show how little steps can make big steps later in life. Guarani Ph. D (n. D. ) 1. Drink water throughout the day (doing my best currently) 2. Cut back on the amount of soda and coffee drank in the day (already made some cut backs) 3. Replace high sugar foods with low sugar versions 4. Stock up on healthy, portable snacks (eating better snacks during my day) 5. Take the time to plan healthy meals for the week 6. Purchase frozen, ready to cook ingredients 7. Pack your lunch the night before 8.Cook double batches of what your cooking 9. Give yourself some slack 10. Fit in exercise as much as you can ( trying to add more fitness in during a busy work week) 11. Take a walk break during the day (getting up at work and Just walking around the office to stretch) 12. Whenever possible, walk (parking further in parking lots when I can to increase walking) 13. Get enough sleep (trying for more than six hours, tough but trying) Now going through this list I see many areas I can do to improve my health and I also see those ways can help improve my fitness levels and my stress level at the same time too.By adding some or all of these new healthy habits into my lifestyle today, it can improve the way I feel in no time at all. Making small steps for me can help promote a new look on my weight management and by doing that it will give me more energy during the day to increase my fitness plan for adding more fitness to my week. Those new habits would help diminish the old habits that have been taught or created over the years by my parent's poor habits. My mother and her mother were not small p eople and I don't want that type of life. They were not obese people but they were not healthy either, obesity is not Just being overweight.Obesity can lead to medical problems beyond weight. Obesity can lead to heart conditions, leg problems, back problems, and even mental problems. This is onto life I want and I want to make the changes now before it changes me. While reading the New York Times today, I came across this article that the government tells people how to eat better is to eat less. ââ¬Å"The latest nutrition guidelines released Monday by the federal government reiterates of the advice from previous years: eat less salt and saturated fats, eat more fruits and vegetables and hole grainsâ⬠(Martin, 2011, Para. ). With this information they tell us by eating the Dad we wall never lose ten welling Just Keep It on, unless you cut Deck Ana eat some more of the better. At the end of the article the writer states it simple ââ¬Å"Cut back on the cheese, hamburgers, pizza, cookies and pastriesâ⬠(Martin, 2011, Para. 23). So Just cutting back can change your life. Conclusion Like kids, adults need to make the right food choices to be healthy and must exercise to be healthy. Even in a busy lifestyle they need to make the correct choices f they, plan to live pas the age of fifty years old.My family created poor habits for myself and my brother and both of us noticed the problem and knew it had to change now rather than later. More adults are battling obesity today more than ever and that is because of the busy lifestyle we all lead. By making the changes now as young adults or adults in their mid thirties they can learn how to eat properly and exercise, better to make it to fifty years old healthier than they could of before the changes. Adults must exercise as much as they can, even with a busy lifestyle.
Monday, January 6, 2020
Essay Analysing Crowd Control - 3795 Words
Are inadequate crowd control measures a significant problem for major events? Abstract Crowd management is known to be one of the most essential aspects within any major event. From pre planning stages to execution, crowd control techniques lay a foundation for a controlled, safe and well-regulated environment. Due to poorly established risk assessments and crowd administration, many large-scale events in the past have ended in terrible tragedy. The purpose of this paper is to investigate the trends of crowd management that are compromising the safety of all event attendees and determine how these trends can be rectified for future concerts and festivals. This will be achieved by exploring what crowd control entails and identifying theâ⬠¦show more contentâ⬠¦It focuses on the concern of the pre event planning that was not adequate enough in controlling the masses of people entering the event through a small tunnel and ultimately ended in fatality. The article further explores mathematical examples of probability and utility of risk management; it is however, the theoretical research that has resulted from these equations that will be relevant for this journal article study. The study also demonstrates the key challenges of contemporary risk management with respect to the love parade tragedy; this will be the most beneficial material for the authorââ¬â¢s journal article. The writer believes that the three key sources will lay a credible foundation for the remainder of the research for the journal article on crowd management issues. The sources are reliable, in depth and show different perspectives regarding the concerns about safety and adequate control of crowds in major events. The analysis of risk management has proven to be a helpful tool in assessing where certain measures have gone wrong that lead to tragic circumstances. Although the three sources provide and extensive insight into the topic, further research is required to better analyse crowd control procedures. **************************** Large-scale events are part of a flourishing industry and continue to grow both nationwide and worldwide. The increasing number and popularity of free andShow MoreRelatedLady Lazarus , Sylvia Plaths Confessional Poetry1438 Words à |à 6 Pagescolloquial, conversational language. The plain, simple style is given greater power, when keywords and phrases are obsessively repeated. Eileen. M. Aird states in ââ¬ËSylvia Plath: Her Life and Work,ââ¬â¢ When analysing the style of Lady Lazarus; ââ¬Å"She takes very personal, painful material and controls and forms it with the utmost rigour into a highly wrought poem, which is partly effective because of the polar opposition between the terrible gaiety of its form and the fiercely uncompromising seriousnessRead MoreHunger Games Essay plan1197 Words à |à 5 Pages Do not write openings such as ââ¬ËI am going to talk aboutâ⬠¦Ã¢â¬â¢ Always write in the third person in a CEL EXAMPLE: ââ¬ËThe director, Gary Ross, uses many film techniques to convey the themes ofâ⬠¦Ã¢â¬â¢(only write the themes in the introduction that you are analysing in your essay). ââ¬ËThe Hunger Gamesââ¬â¢ is an American science fiction film set in the futuristic, dystopian society of Panem. Paragraph one Theme: Oppression -To treat cruelly or unjustly. The Capitol people treat the people from the Districts in aRead MoreMedia Coursework- Hovis Advert Analysis1354 Words à |à 6 PagesMedia Coursework Hovis Advert Analysis In this essay, I will be analysing the 2008, à £15 million Hovis TV advertisement. Filmed in Liverpool with a cast of over 750 extras, director Ringan Ledwidge portrays a young boy (13 year old Brian Mackie) buying a loaf of bread in 1886, which was when the first Hovis loaf of bread was sold, and then travelling with the bread tucked under him arm, through 12 decades in British History. The concept behind the advert is to show that Hovis has been around forRead MoreWord Play in Hamlet1457 Words à |à 6 Pagesnote the changes and flexibility of his language. Addressing the crowd he initially adopts a personal tone on the matter of the past kings death, with creative oxymorons like `wisest sorrow and `defeated joy, knowing he speaks of a matter dear to all of them. He pays his own respect, in public, to the sensitive subject that should force the whole kingdom to `be contracted in one brow of woe. Yet, once he has drawn the crowd to him, sympathised with them and become `one of them in mourningRead MoreFactors That Influence Risk Management1875 Words à |à 8 Pagescrisis and disaster are unpredictable but the effect can be diminished by analysing risk assessment and implementing regulation to be able to gain full control over the situation. According Australian and New Zealand standard (NSW Government, n.d) , risk management is referred as ââ¬Å"the systematic application of management policies, procedures and practices to the tasks of establishing the context, identifying, analysing, assessing, treating, monitoring and communicating while a risk meansRead MoreUsing The Ual Libraries For Research727 Words à |à 3 Pagesthings that I would have not considered. I found Showstudio, an incredible help because it gave me direct insight into the details of Nick Knightââ¬â¢s process towards a final image and also different aspects of Alexander McQueenââ¬â¢s vision. I enjoyed analysing an image that did not have much information written about it because it was only produced in March this year and so I really had to rely on my on dissection of the image and quotes to bring out thought provoking points. However, I found that theRead MoreEssay about Unit 8 eCommerce P11339 Words à |à 6 Pagesrequests to the w ebsite. Webservers are similar to PCââ¬â¢s however they have faster processors and more memory making it much more powerful. Firewall: A firewall is a software or hardware-based network security system that controls the incoming and outgoing network traffic by analysing the data packets and determining whether they should be allowed through or not, based on a rule set. A firewall establishes a barrier between a trusted, secure internal network and another network (e.g., the Internet) thatRead MoreThe Impact Of Uk Music Events On The Uk2205 Words à |à 9 Pagesfirst strategy critically examines how crowds can be successfully managed, during and after the event, and makes recommendations on how to manage crowd more effectively. The second strategy assesses the use of Risk assessment to minimize potential hazards and risks that pose threats at music events in the United Kingdom. Critical evaluation of UK Music event typology: This section aims to critically examine the UK music events typology. Before analysing the music events industry in the UK, itRead MoreEssay on Robin Hood Case Study1457 Words à |à 6 Pagesoriginal vision of strength in numbers still held strong. Due to large band of Merrymen, Robin began to fade into the crowd and eventually losing control over his followers. All these organizational changes contributed to Robinââ¬â¢s inability to recognize his own band of men, overlooked the lack of food, resources, and financial reserves, as well as discipline. Due to the lack of control and his change in power, this shifted his leadership role to a management role. His original followers have now becomeRead MoreHow Media Uses Different Methods Manipulate The Public And The Influence It Has On Society1411 Words à |à 6 Pageshttp://dictionary.reference.com/browse/public-opinion. [Accessed 17 November 15]. When looking at the cultural, financial and ideological aspects of our world today it is hard to dismiss the pressing influence that the media has. In this essay I will be analysing how the media uses different methods to manipulate the public and the influence it has on society and how it shapes public opinion, alongside public opinion in democracy now. I will also be discussing theories in which people donââ¬â¢t believe the media
Sunday, December 29, 2019
Does It Matter Who Recruits Candidates To Enter Contests For Local Office - Free Essay Example
Sample details Pages: 7 Words: 2000 Downloads: 9 Date added: 2018/12/27 Category Management Essay Type Research paper Level High school Tags: Contract Law Essay Did you like this example? Contest for local office, just like contests for national offices is vast on some things. It is comprehensive and almost touches on all matters pertaining use of right channels in political practices. The law is well articulated in the politics tort as well as the contested regulation, but the two bear a direct relation to the American National Constitution. Donââ¬â¢t waste time! Our writers will create an original "Does It Matter Who Recruits Candidates To Enter Contests For Local Office?" essay for you Create order Candidate recruitment, for instance, is an agreement between two or more parties with promises over specific terms of the contract. Contest tort, on the other hand, is the standard rules proving liability for cases arising based on political matters (Bolino, Mark, Anthony and William, 2017 p1816). They are majorly concerned with the political view of the contest and the relations that exist thereof. A persons rights and remedies towards local office contest are as discussed in the following discussions about the issue of adherence to the rules of the competition of local governments in a close link to the contract law. Legal Issues in the Case under Study It should be clear that the terms of the contract for Ben and Carl should be at first definite and precise to the point to avoid inconveniences associated with the contract. The reason for ensuring definiteness and certainty of the terms of the agreement is to help deal with issues of equity (Yoon, Jiso and Ki-young Shin, 2017 p363). In cases of overlap it should be noted that in law, investment should not be used as a measure for determination or enforcement of the invalidity of the contractor in case define vagueness of the contract in the form that it gives orders to interested parties on how to perform. This is what creates the contract since proposition is the acceptance of the offers made by Ben. The recognition of a general rule once has been made cannot in any way get withdrawn or alter any terms of the offer (Swain, Katie and Pei-te Lien, 2017 p128). It has no mandate of modification of the offer. Any effort to modify the proposal from the first party is a counteroffer and is against the law. Quoting from the Newspaper, Wang wanted a cooperation from Ngan on a particular development project in Xian Quijiang, China that Wang had initiated and planned for in advance. Ngan made an offer to the other part to cooperate with her over the project. The agreement for the cooperation was signed on 26 February 2007 (Bolino, Mark, Anthony and William, 2017 p1816). Regarding the signing agreement, Wang was presumed to accept the offer. The offer acceptance should be as open as this and Wang has no room to modify the proposal but accept it or reject it on first notification before signing the contract foam. Candidates Rights to Join Office The exclusion clause about Ben and Carl case is focused on reimbursement of $ 200,000 other than holding back on the issue for later revocation of the $25,000 that is a Bonus plus court penalty on Ben for failure to honor the terms of the contract. Carls rights are way too many for instance arrest of Ben and subjected to court fines worthy the court determined figure on top of the reimbursement. Carl can as well proceed to claim the property on the ground that Ben has revoked the terms of the contract. Duty of Care and Breach of Duty A critical look at the reason for making the contract voidable may not be valid about the laws, but the verdict is reached at by the criticality involved in the agreement and case presented by the parties interested before the courts ((Yoon, Jiso and Ki-young Shin, 2017 p384). The problem of subjecting the contract to voidable circumstance by the failure of one of the party to adhere to the promises is another concern. The contract terms are under the custody of Ben and Carl, but for this case, Ben has failed on his part. If he were to be safe in the first instance, he wouldnt have accepted the proposal. The law should address the matter from the understanding that failure of one party to adhere to its set promises for the contract enforcement be penalized by court fines. The fine should be proportional to the value of the entire business contract.This would help solve many cases that are still pending in the Saudi Industrial courts since parties make commitments to the agreement and fail as there is no predetermined punishment in the form of penalty to failure in honoring the promises. Negligence Tort Ben, on the other hand, has failed in following the law to the latter over issues related to honoring the promise of the contract. In summary, a case in point takes all the considerations? as provided by the American law which? is in effect is very general to all the sections regarding the allegations contained by Carl (Swain, Katie and Pei-te Lien, 2017 p150). It is in the best interest of the parties involved in the business to take on some issues in regard to aspects of the contracts so as to avoid any breach of the deal. The contract legal relations are determined by the outward actions or merely the actual words of the intended parties and not in any way the concealed intentions in the form of desires in secrecy by the parties. Any form of illegality or fraud linked to a contract renders the contract invalid if found to be true by the investigative arms of the law. Illegality is committed once the contract terms work against the public policy and more so the Contract Act 1950 provisions in Sections 12 (1, two all through to the entire last section that is section 5). Any contract about lotteries, horse race, dog races and all forms of gambling are automatically considered illegal by the public policies and the Contract Act 1950. Such agreements do not hold in the Arab nation and spread across all the institutions of jurisdictions in the entire Malaysia (Oliver, Sarah, and Meredith, 2017). In this regard, the law is precise and confident that before entering into any contract that is deemed legal, the parties should be in the position to freely consent the deal. The free consent part of the contract as provided in Section 10(1) All the agreements are contracts if only they are made by the free will of parties competent to the deal. Intention for Creation of Legal Relations It one of the most fundamental requirements in the formation of the contract whether in written or in oral form. The creation of the legal actions as a section of the agreement should not be done with the aim of making a mutual consent. It is about the meeting of the minds of the parties involved in the contract. It is merely the agreement of the elements of the transactions in line with all the proposed terms and features that which are critical to the deal in place. The Saudi law courts have it that there is no any contract in place unless the parties involved are willing and readily enter into one. The contract legal relations are determined by the outward actions or merely the actual words of the intended individuals and not in any way the concealed intentions in the form of desires in secrecy by the parties. (Thrasher, Michael et al., 2017 p413). The basis of the argument here is that all parties should be willing enter into an agreement and no party should mislead another party towards accepting the terms which are subject to any negotiations. Any form of pushing the other side towards taking the words or deceptive each other is contrary to the law and as such the contract cannot proceed to the next level unless the allegations are dropped. Any form of fraud or mistakes highlighted subject the voidable contract case. About a case in point, Wang and Ngan have a business agreement and as such should stick to the terms as stipulated in the earlier promises (Oliver, Sarah, and Meredith, 2017). In that respect, Ngan and Wangs agreement is legally bound. The parties have no exclusions clauses that have been mentioned, and in that regard, the contract is not subject to avoidable circumstances. The signing of the agreement validates the commitment between the two parties and qualifies the deal for legal bounds. Conclusion and Advice The best understanding of the contract laws is that contract performance should by any chance be precise and exact to the point and if there is anything to uphold is respecting the initial terms as set out by the Ben and Carl (Thrasher, Michael et al., 2017 p435). The promises made by the parties( Ben and Carl) involved in the contract in most cases form the most fundamental part of the case if judgment has to be made concerning an issue over business-related affairs in matters of contracts (Knapp, Crystal Prince, 2016). In reference to Section 38(1) of the Contracts Act 1950 by the American contract law, there is a provision that parties involved in a contract must in all forms perform or offer to play in respect to the promises made during the sealing of the covenant, not unless the performance of the contract has been subject to dispense with by any law in the American business law. Contract performance according to Section 38(1) is evident on the respect accorded to the promise made by the parties engaged in a contract. Recommendation The contract laws have failed to capture the effect of time for the enforcement of the contracts. There is no mention of the penalties in respect to delays in signing the contracts as well as failure to honor the timing of the agreement (Thrasher, Michael et al., 2017 p435). The courts, in this case, have been having no platform to base on during the declaration of contracts that fail to address the issue of time for the agreement. It is way loophole that has been created by the Contract Act 1950 together with all its sections and as such something needs to be done to save the situation. When a party to a contract promises to do something at or before a specified period for instance and fails to adhere to the same, the deal becomes voidable. A critical look at the reason for making the contract voidable may not be valid about the laws, but the verdict is reached at by the criticality involved in the agreement and case presented by the parties interested before the courts. The problem of subjecting the contract to voidable circumstance by the failure of one of the party to adhere to the promises is another concern. The law should address the matter from the understanding that failure of one side to adhere to its set promises for the contract enforcement be penalized by court fines (Knapp, Charles, Nathan and Harry, 2017). The punishment should be proportional to the value of the entire business contract. This would help solve many cases that are still pending in the Saudi Industrial courts since parties make commitments to the agreement and fail as there is no predetermined punishment in the form of penalty to failure in honoring the promises. Works Cited Bolino, Mark C., Anthony C. Klotz, and William H. Turnley. The implications of turning down an international assignment: a psychological contracts perspective. The International Journal of Human Resource Management 28.13 (2017): 1816-1841. Knapp, Charles L., Nathan M. Crystal, and Harry G. Prince. Problems in Contract Law: cases and materials. Wolters Kluwer Law Business, 2016. Oliver, Sarah, and Meredith Conroy. Tough Enough for the Job? How Masculinity Predicts Recruitment of City Council Members. American Politics Research (2017): 1532673X17729719. Swain, Katie EO, and Pei-te Lien. Structural and Contextual Factors Regarding the Accessibility of Elective Office for Women of Color at the Local Level. Journal of Women, Politics Policy 38.2 (2017): 128-150. Thrasher, Michael, et al. Candidate ethnic origins and voter preferences: examining name discrimination in local elections in Britain. British Journal of Political Science 47.2 (2017): 413-435. Yoon, Jiso, and Ki-young Shin. Opportunities and Challenges to Gender Quotas in Local Politics: The Case of Municipal Council Elections in South Korea. Asian Journal of Womens Studies 23.3 (2017): 363-384.
Subscribe to:
Posts (Atom)