Wednesday, October 30, 2019
IT for Investor Relation Essay Example | Topics and Well Written Essays - 750 words
IT for Investor Relation - Essay Example In the main, high technological utilization is recommended for the company. Founded in 1963 with its headquarters in Philadelphia, Pennsylvania, Comcast Corporation is a media and technology company that in diversity, in the entertainment industry. It functions under Cable Networks, Filmed Entertainment, Cable Communication, Theme Parks and Broadcast Television divisions. Under the brand name XFINITY, the Cable Communication division provides business and residential customers with high-speed internet, on-line advertising, cellular backhaul, voice and video services. Under the names Illumination, Focus Features and Universal pictures, the Filmed Entertainment division engages in the acquisition, production, marketing and distribution of animated and live-action filmed entertainment. The division of Cable networks runs cable networks that provide news, sports, information and entertainment, both regional and international. The Theme Parks division runs island adventures, a dining retail, entertainment complex, studios and theme parks. Finally, the broadcast division controls Telemundo and NBC broadcast networks (Sander, Peter & Scott 143). All the divisions own digital media properties. By 2013, it employed 13,600 full-time employees. By revenue, Comcast is the largest cable and broadcasting corporation. It ranks third in telephone service provision to the people of the United States. . By 2009, the value of the companyââ¬â¢s stocks had doubled from $8.19 to $15, with a revenue growth of six folds, $6 billion in 1999 to $36 billion in 2009. In the same period, the company experienced a tripling of return on capital. Its main competitors are Twenty-First Century Fox, The Walt Disney Corporation, CBS Corporation and Time Warner Cable (TWC). However, there is a yet to be approved takeover deal that Comcast signed with TWC in February 2014 (James & Flint, ââ¬Å"Comcast strikes dealâ⬠). Competitors have opposed the move,
Monday, October 28, 2019
God Hates Divorce Essay Example for Free
God Hates Divorce Essay When Adam was alone The LORD God said, It is not good for the man to be alone. I will make a helper suitable for him .Gen.2:18. Under marriage covenant man and woman come together to serve a divine purpose and a role. Man can serve this purpose and role only if they are united and married. The moment they get divorced the unity is destroyed and they fail to serve the divine purpose and role that God wants them to fulfill while they are married and united. God gave a command to the first couple in the Garden of Eden to be fruitful. This command of God only a couple can carry out and the moment they get divorced they fail to carry out this divine command and we have to keep in mind that this command was given to men before their fall and even after the fall men are bound to keep this command. This shows us how important is this command and why God hates divorce so much. The failure to keep the first command affected the whole human race for generation after generations, the failure to keep this second command will also affect the human race generation after generations and even it will cause the mankind to stop be in existence. This is another reason why God hates divorce so much. When men get divorced they forget their first love. Marriage is a love relationship. When man is angry he cannot make a right decision. An angry head cannot evaluate the relationship that was made by a loving heart. Anger makes a man blind and leads him to the bottomless pit and that is divorce. Divorce is the worst hell in this world, the moment anyone falls into it he will be separated from his spouse, children, friends and families and from God. This is the darkest pit that will show no mercy and kindness to its victims. Life will be meaningless and worthless. You will be a creature without hope and future. A lonely man cannot succeed in anything; he is fruitless and useless to God and to society. All the sweet memories turn into bitterness. Then it becomes easier for that person to get into more and more sins as there is no one to show him his fault and give account to for all the wrong doings. Divorce affects our relationship with God, our relationship with one another, our relationship with the children and our relationship with the society. God cannot use a divorce person to reflect His glory and to show His image to His people. That person turns into an instrument of devil. There are so many reasons for all wise and all knowing God to hate divorce. God with His infinite wisdom can see the infinite danger that lies in divorce. Man cannot see the infinite danger that lies in divorce that is why man can take this decision of divorce without much thinking and considerations. God in His infinite wisdom and knowledge gives us the person that will be best suitable for us. We take it granted that suitable means comfortable. Something could be very suitable for us but at the same time it could be very painful and uncomfortable. The spouse you have is always suitable for you because God gave you this spouse. God took this responsibility from the very beginning to give us suitable spouse. The spouse we have is the best teacher for us given by God in our life to teach us something that no one can teach and to make us useful for God and for man. It takes a lot of pain, patience, humility and suffering to learn through our spouses to be more like Jesus Christ and God. Every time my wife gets angry with me or sins against me I ask God what lesson do you have to teach me today. Every time I can see that God has something to teach me through her anger. She does the same thing but I learn so many different lessons, at the beginning I get hurt then I rejoice when I can see what God has to teach me today through her anger. Then I feel very sorry for her because she took so much pain and suffering to teach me a lesson that nobody could teach me. Then I began to thank and praise God for her. We need to see what God wants us to see and to understand what God wants us to understand. God in His sovereignty allows us to go through all the bitter and painful experiences to make us more like Jesus and to draw us nearer to Him and to teach us how God feels when we sin against Him. We need to learn how to bow down to the sovereignty of God and to stop bow down to sin or to give in to sin. God hates the sin of divorce because He does not like separation or division. Divorce is the worst ingratitude towards Gods greatest gift and blessing in our life. The moment we stop giving thanks and praises to God for our spouses we are on the way to be ingratitude for the gift that God by His mercy and kindness gave us. Our Lord Jesus suffered and died on the cross and chose to be separated from God to keep us united with one another and with God. Our Lord Jesus chose to suffer and die to keep us united and one. So we must choose to suffer and die to remain united, one and married for the sake of our God and Lord Jesus Christ.
Saturday, October 26, 2019
Twainââ¬â¢s Huckleberry Finn and Kerouacââ¬â¢s On the Road â⬠The River and the
Twainââ¬â¢s Huckleberry Finn and Kerouacââ¬â¢s On the Road ââ¬â The River and the Road One element that separates a good novel from a great novel is its enduring effects on society. A great novel transcends time; it changes and mirrors the consciousness of a civilization. One such novel is Mark Twainââ¬â¢s Adventures of Huckleberry Finn. For the past one hundred and fifteen years, it has remained in print and has been one of the most widely studied texts in high schools and colleges. According to Lionel Trilling, its success is due to Twainââ¬â¢s ââ¬Å"voice of unpretentious truthâ⬠(92) embodied in the young narrator Huck Finn who reveals the hypocrisy and moral deprivation of society through his innocent observations. It is a picaresque novel, or novel of the road, where the river acts as the road that carries the characters on continuous adventures. Seventy years after the publication of Huckleberry Finn, Jack Kerouac began to write his picaresque novel entitled On the Road. Like Twainââ¬â¢s Huck Finn, Sal Paradise is Kerouacââ¬â¢s naà ¯ve narrator who captures the essence of life in his depictions of experiences on the road. Both characters are social commentators regarding the conditions of their surroundings; they are public barometers who measure the state of societal values. Even though Adventures of Huckleberry Finn is heralded as one of the greatest American novels, Jack Kerouacââ¬â¢s On the Road embraces a loftier, more mature, religious ideal of life that transcends Twainââ¬â¢s social commentary and will one day place it permanently in the anthologies of American literature. The similarities between Huckleberry Finn and On the Road are numerous and worth consideration because they depict the hand in hand progression (one following the other in ... ...76. Hunt, Tim. Kerouacââ¬â¢s Crooked Road: Development of Fiction. Hamden: Archon Books, 1981. Kerouac, Jack. On the Road. New York Penguin, 1957. ---------, Jack. Selected Letters: Jack Kerouac 1957-1969. Ed. Ann Charters. New York: Viking P, 1999. Nicosia, Gerald. Memory Babe: A Critical Biography of Jack Kerouac. Berkeley: U of California P, 1983. Swartz, Omar. The View from On the Road. Carbondale: Southern Illinois UP: 1999. Trilling, Lionel. ââ¬Å"A Certain Formal Aptness.â⬠Adventures of Huckleberry Finn: A Case Study in Critical Controversy. Eds. Gerald Graff and James Phelan. Boston: Bedford, 1995. 284-85. Twain, Mark. Adventures of Huckleberry Finn: A Case Study in Critical Controversy. Eds. Gerald Graff and James Phelan. Boston: Bedford, 1995. Weinreich, Regina. The Spontaneous Poetics of Jack Kerouac. New York: Paragon House, 1990.
Thursday, October 24, 2019
Introduction to Nanotechnology
1. 0INTRODUCTION The objective of this study is to research and discover the development, characterization, and function of nanotechnologies in the globe in the present and future. In this study, we will defined the basis of nanotechnologies in wide spectrum such as the advantages, disadvantages, background, history, future investigation, society, ethic, environment and many more. Furthermore, our group would also like to emphasize on the significant cause and effect of nanotechnologies toward the advancement of human civilization in the recent time and toward the future.In addition, create awareness and wide perspective view toward engaging main issues such as moral ethical in our society. 2. 0BACKGROUND Nanotechnologies have been use in wide field medical, astronomy, environment, industrial and many more. From the way we communicate, to the methods used to diagnose and treat our illnesses, to the speed with which our computers process data, this new technology promises to enhance o ur lives in almost limitless ways. Therefore we would like to discuss some of the main issue and further permeate in the breakthrough of nanotechnology. What is a nanotechnology? In the scale of Nano in the prefix of nomenclature is extremely small, which you cannot see through your naked eyes. Microscope will be needed in order to observe object more clearly. Nanotechnology currently is being used to improve existing products and processes, for an example, by strengthening the material used in golf clubs and bicycle frames, creating stain and water repellant clothing and producing wear-resistant paints and coatings. One developing area in nanotechnology is that of self-assembly, whereby materials will be able to grow themselves.One of my theories that I would like to discuss is about the space innovation. Such innovations will not only increase productivity, but also will create new materials in a process known as ââ¬Å"dynamic self-assembly. â⬠The universe is so big that it blows up our mind to try to image how big it is. Human can somehow find a way to explore the universe by the advancement of nanotechnologies. For an example to shoot a robot to a star then it will eventually manufacturing itself and produce much bigger colonies. After a rapid production in certain stages complete civilization.They will often shoot more of them self to other star and repeating process again and again. In the longer term, however, nanotechnology is likely to result in completely revolutionary toward the society. Promising uses of nano scale particles may include the cleanup of heavily polluted sites, which we will have to consider as well. Nanotechnology is more effective diagnosis and treatment of cancer and other diseases, lighting that is twice as energy efficient as what is currently available, cleaner manufacturing techniques and much smaller and more powerful computers.Research indicates that nanotechnology even may help create an alternative fuel to power our automobiles. In the sum of all our research and study I would appropriately consider nanotechnologies of in fact the greatest tool toward humanity next stages of revolution. â⬠¢What is the history of nanotechnology? The term ââ¬Å"nanotechnologyâ⬠was coined in 1974 by Norio Taniguchi (1912-1999) at the University of Tokyo. It includes a number of technologies that deal with the miniaturization of existing technology down to the scale of a nanometer (one-billionth of a meter) in size, about the size of molecules and atoms.Potential effects of nanotechnology include microcomputers capable of storing trillion of bytes of information in the size of a sugar cube; portable fluids containing nanobots that are programmed to destroy cancer cells; and airborne nanobots that are programmed to rebuild the thinning ozone layer and many more. Scientist today have claimed that nanotechnology was in fact humanity greatest advantages as well as humanity greatest treat if without appropria te and further observe in its major consequences in life and either we will be consume by our own failure toward the disaster that it can cause to us. Facts about nanotechnologies? As we all know our body consist billion of cell and it is systematically and orderly organized that congregate it specific function. Inside our cell it comprises of billion of atom which consists of major element such as carbon, oxygen and hydrogen that appropriately linked together will itself and form specific function and feature. The advancement of nanotechnologies can systematically combine fuse billion compound, atom and element to distinctively form a new cell which about our concern is against the law of nature and moral ethic.This is due to the fact that we can create a life into the world is forbidden and prohibited in many societies around the world. In some fact I would like to discuss, about the discovery about science. Scientist today has claim that we no longer live in one universe but mill ions of verse which coexist in the ocean of verses and thereââ¬â¢s may be have some planetary civilization that we wouldnââ¬â¢t might known.There are many extraordinary and fascinating fact about science including bend through light forming an invisible matter; dimensional world that coexist; in certain fact which claimed that the world weââ¬â¢re living is like a matrix which we are just like a hologram that wouldnââ¬â¢t exist at all and in fact there are mysterious forces keep pulling us for what we believing; small teleport machine which can teleport in atom size particle and maybe a human in few decade to come. There is many potential and credibility toward the advancement of nanotechnologies development.In some fact that I would like to consider is about human enhancement. Nanotechnologies in human enhancement have use to improve human ability such as physical and mental. In some fact that this method have been use in some development country toward the future born g eneration to trigger the potential of human ability which exited beyond try fold. We will further penetrate and discuss more deeply toward this issue in my relevant discussion. Would human enhancement technologies hinder moral development?Many believe that ââ¬Å"soul-makingâ⬠is impossible without struggle (Hick, 1966), and achievements ring hollow without sacrifice or effort (Presidentââ¬â¢s Council on Bioethics, 2003); so if technology makes life and competitions easier, then we may lose opportunities to feed and grow our moral character. Nanotechnology was in fact use toward some method to enhance human ability. Nowadays humanity can create powerful drug which enhance human performance. We can discover in the sport area which drug have been used such as steroid to increase athletic performance.Beyond the future we might been able to create indeed more powerful drug which provide human massive of strength. Beyond the future, we might be able to prolog our life for 10 year , 100years or maybe 1000 years. As we know that brain is the primary source which control our aging as certain hormone are secreted. The method behind this is nanotechnology is so small that it can flow through our vein and it can be transfer to the human brain to alter our brain chemical processes which control our aging. â⬠¢What is the futurist predict about the future in nanotechnologies?In the future, as technology becomes more integrated with our bodies, we can expect neural implants of the kind we mentioned above that effectively puts computer chips into our brains or allows devices to be plugged directly into our heads, giving us always on access to information as well as unprecedented information processing powers. New and future virtual reality programs are able to much better simulate activities, for instance, to train law enforcement officers and soldiers in dangerous situations so that they can respond better to similar events in the real world.The advancement of nan otechnologies have enhance human beyond it limitation. One of the main concerns causes the earth to be populated. Also in one of the possibilities is the exploitation and abuse toward this technology. People such as a villain, criminal and hacker will approximately use this for the purpose such as to manipulate people. Other than that what I want to discuses is one of the greatest treat toward the society.One of the biggest concerns toward our society is to have greater awareness about this matter or else humanity which living peacefully today can be destroyed by our own creation. 3. 0CONCLUSION As is the case with most emerging areas of risk, nanotechnology challenges us with many unknowns. These challenges are further complicated by the fact that few risk related prediction have been made scientifically confirmed. If they are not currently exploring its potential, they are likely to do so in the very near future.Because insurers play such a critical part in enabling new and benefi cial technologies, it is crucial in development in many sectors such as manufacturers, the government, scientists and regulatory agencies to identify and quantify nanotechnology's risks. Public response to this new technology, as well as the politician, elitist, and scientist response will afford upon how much accurate information is available. Therefore we as a responsible person must unite and aware toward this greatest issue which effect globally, in order to construct better future for generation to come.
Wednesday, October 23, 2019
It’s raining – Creative Writing
It's raining. It hasn't rained this hard since the day she left me, the day she told me how she'd sold her ring. It took three months wages to buy that ring, three whole months and she just sold it to a complete stranger, told me she didn't love me anymore. She'll be leaving work soon, on her way home. Eleven-thirty, same time she does every night, only tonight is different. Tonight she won't be getting home. This is the last night those men will look at her. He's going to sort that out for me. He'll have to leave soon too; otherwise he'll miss her, but maybe that would be better. This could be the only chance to free me, I can't go on, when every move I make depends on her, I can't let her control my life anymore I need to break free. The world outside is looking even less inviting, full moon. Its overcast the stars are blurred. Well not just the stars, everything is blurred. Something's not right. This old leather armchair, and the bottom of my brandy bottle grows more comfortable still, the rains angry drops are hammering against the window pane, I don't think I can stare out the window any longer, this is eating me from inside, what was I thinking, I have to stop him, before it's too late, before I lose her completely. I'm going to go now, got my coat now I just need to step into the bitter cold New York winter. I haven't even shut the door properly, there isn't time. He'll be leaving now too, his wild scraggly hair will be blowing around in the wind his hands to tired to move it out the way, and I can picture him in my mind, only my vision of him is misty, over the years I have found myself losing touch. Still, he knows what he's doing, he's ready. He'll have no shame; I'll be the one who has to pick up the pieces. She smiles at me when I think of her, she told me she saved that smile for me, liar. I went to surprise her at work, on her birthday last week. Bought her flowers and everything, then I saw it. She smiled at them the same way; she had that twinkle in her eye for every man in that bar. That's when I saw him first, through the window of that place. We looked at each other for just a split second, but that was enough to know. She'd hurt him to. The rains pouring down harder still, even me thick trench coat can't stop it pounding down so hard on me. It's not pounding as much as my heart though, my hearts pounding like thunder, like a trapped animal, there's a storm raging inside me, I cant lose her. My feet are getting heavier after every step I take, I can feel a cold sweat rushing all over my body, my hands are gripped so tightly with fear, I can't run any faster. It's such a busy place, so full of people all the time, so full of life. Still I feel alone, empty without her. My heart beats faster still, I keep seeing him, first in front of me then behind, he's going to hurt her. How can it have come to this, why did she have to leave me, things were so perfect. I can see him properly no, there's no mistaking it he's just across the road. Weaving in and out of the yellow taxis I think I'm getting closer to him. I'm passing so many trees, the more I pass the less I can work out there shape, i'm losing all definition. Everything seems a blur. The smoky exhausts of the double-parked cars have made the air heavy. Yet even with all the traffic I still feel distant, this place that's been home for so long suddenly seems a whole new world to me. This is what I imagine it to be without her, lost forever in a world I'll never be able to clasp, she grounds me, helps me through life, well she is my life. The noise of the city is beginning to fade away as my path leads me away from the busy streets, he's here. I keep seeing him but then he's gone, maybe my mind is playing tricks on me. Between my footsteps and my loss of breath my mind is beginning to wonder, back to the day I first met her, when she wouldn't even notice me whatever I did, I think she changed when she met me, I don't know , but I can imagine. I think something changed in her after I met him too, it was as if she knew I knew about him. My heart shunted when I saw her, I froze for a second, her blonde hair blew gently in the wind, the full moon was shining through the branches of central park, casting eerie shadows on the path she was walking. She held her umbrella with one hand, while attempting to light a cigarette with the other, her black stiletto heels tapped steadily along the bridge. There he is, lying in wait. Now's my chance. She just looked right at him, I can see it in his eyes, she knew him, and she knows what he's going to do. He flicked out the knife that had been gripped in his hand so tightly all this way, he can see me in its reflection, he's smiling. She's dropped her cigarette onto the floor and is running, he's running after her, and I after him. Her heels are sinking into the wet ground, he's catching her, but I'm catching him. As he wrapped his tired hands around her neck I began to struggle with him, I begged him to stop, and so did she. Her body grew heavy with the dread of what was to come. The knife fell to the ground, I had control, I'd beaten him. I released her from my grip, brushed back my scraggly hair, grabbed her hand, tried to feel for a pulse. There wasn't one. Then I looked at her hand, it glistened at me, like her eyes used to, her ring she still had it on. Maybe she did still love me. I cried for her to come back to me, the end came anyway. Then I felt it, the ice-cold air flowing over me, around me and through me, she was dead, he had killed her, I had killed her.
Tuesday, October 22, 2019
Fundamentals of Contract Law â⬠Question and Answer
Fundamentals of Contract Law ââ¬â Question and Answer Free Online Research Papers Fundamentals of Contract Law Question and Answer 1. Contract Law is the fundamental business legal subject. Not only is it obviously relevant to sales and purchase contracts but it also underlies employment contracts. The contract law sections explain the basics of what makes up a contract. The first two sections, Agreement and offer, and Acceptance, deal with the formation the making of contracts. Most people think that a contract must be a signed document. Although many business contracts take the form of a signed document, many do not. How many orders for goods and services are made by telephone or fax? When is the contract made? When the order is placed? When the goods arrive? When ordering goods or services on your own standard form contract is the contract made on your terms? What if your supplier accepts your order on their standard form contract? Now on whose terms is the contract made? 2. The certainty of terms? section deals with issues such as what is meant by ordering goods ?n the usual terms? From a regular supplier. What have you agreed with your supplier? Are there regular terms? Are there different terms depending on what the goods are? 3. The sections on Consideration and Variation of contracts are important and related features of English contract law. In most business contracts there is no difficulty in identifying? B>consideration? However, what if you want to vary the terms of the original contract? This you can only do if you enter into a new contract which varies the terms of the original contract. In this case very often ?b>consideration? is missing from the new agreement. If this is the case you will be bound by the original contract. E.g. If you order 400 kettles from a supplier and then discover that you only need 200 can you cancel? 200 kettles? Even if your supplier agrees can he later change his mind and make you take the whole 400? 4. The Privity of contract section is an area of law that has very recently been altered. This area of law deals with the type of situation where you buy a holiday from a travel company for you and your family. If the holiday does wrong? You can sue the travel company but can the members of your family sue the travel company? Another example. Assume that your company (Im assuming that your company is an incorporated company and therefore a legal person in its own right) enters into a contract with another company. Say that under one of the terms of that contract the other company agrees to pay some money to ?our?company and some money direct to you in your own personal capacity. What happens if the other company then refuses to pay you? Can you sue the other company? 5. This section deals with the terms of the contract in general. What do we mean by terms? of the contract? How important are they? Are they all of equal importance? Can you break some terms but not others? Are the penalties for breaking some terms less onerous than others? 6. The sections on Exemption clauses the common law, and the Unfair Contract Terms Act 1977, deal with the terms of the contract that limit or exclude liability for breach of contract. If the other party breaks a term of the contract can he escape liability because the contract contains a term which excludes his liability for that particular breach? 7. If a person sells you a second hand car and tells you that he has owned it from new and it later turns out that its been owned by 10 people what are your remedies? Has that persons statement be made a part of the contract ie was it a term of the contract? If it wasnt a term have you a remedy? 8. Does every breach of contract entitle the innocent party to treat the contract as at an end if he so chooses? What is the effect of penalty clauses? Part two: Agreement and offer Objective: When you have worked through this section you should be able to Appreciate the importance of the concept of agreement. Appreciate the importance of the intention of the parties. Distinguish between an invitation to treat and an offer. Suggested study time 4 hours Preliminary matters: The law of contract is the most important law subject you will ever study. It underpins all commercial law subjects and is even important to subjects such as criminal law. Definition of a Contract A contract is an agreement (usually between two persons) giving rise to obligations on the part of both persons which are enforced or recognised by law. Warning!! Since, for the most part, the law of contract is a common law subject do not take any definition you are given as the only definition. Treat the definitions as working definitions to help you analyse contract cases etc. NB The persons mentioned above are usually referred to as parties to the contract. NB Generally speaking, an agreement is made when one person accepts an offer made by the other. NB The offeror makes an offer to the offeree. Agreement: Time and time again you will be brought back to the fact that the fundamental basis of contract law is the agreement of the contracting parties. The thing that distinguishes the law of contract from other branches of law is that it does not lay down a number of rights and duties which the law will enforce. In other words the law of contract does not lay down a list of things that are legal or illegal, or things that must or must not be included in a contract. The law of contract consists of a number of limiting principles, subject to which the parties may create rights and duties for themselves which the law will uphold. The parties to a contract, in a sense, make the law for themselves: so long as they do not infringe some legal prohibition, they can make what rules they like in respect of the subject-matter of their agreement, and the law will give effect to their decisions. Eg If June says to Fred that he can buy her pen for 200 and he agrees there will be a legally enforceable contract between June and Fred. The fact that Fred may have been foolish in agreeing to buy a pen that is only worth? Is irrelevant the parties to the contract have agreed to the price of 200. Whereas it is generally true that agreement is reached when one person accepts the offer of the other person in other words there is an actual agreement between the two persons this is subject to whats known as the rule in Smith v Hughes. The rules in Smith v.Highes: The law is also concerned with the objective appearance of the agreement, as well as the actual fact, of agreement. Eg If Freda makes an offer to John and John says that he accepts the offer, but secretly he doesnt intend to accept the offer, there is in fact not an agreement. However, to an outside person there would appear to be an agreement. In other words objectively there appears to be an agreement between Freda and John. In such a case the court would say that there was an agreement between Freda and John. Apply the principle in the quote below, sometimes known as The Rule in Smith v Hughes, to the problem weve just looked at in the example above. Smith v Hughes (1871) Blackburn J: ?.. If, whatever a mans real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other partys terms? /p> Offer-definition: Definition of an offer An offer is a proposition put by one person to another person made with the intention that it shall become legally binding as soon as the other person accepts it. An offer may be made to an individual, or a group of persons, or to the world at large: see Carlill v Carbolic Smoke Ball Co(1893). The Carbolic Smoke Ball Company published an advertisement which read ââ¬Ëà £100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the influenza after having used the ball three times daily for two weeks according to the printed directions supplied with each ball.ââ¬â¢ à £1,000 is deposited with the Alliance Bank, showing our sincerity in the matter.ââ¬â¢ Mrs Carlill used the smoke ball as directed but still caught the flu. She sued for the à £100. Bowen LJ: It was also said that the contract is made with all the world- that is, with everybody; and that you cannot contract with everybody. It is not a contract made with all the world. There is the fallacy of the argument. It is an offer made to all the world; and why should not an offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition? It is an offer to become liable to any one who, before it is retracted, performs the condition, and, although the offer is made to the world, the contract is made with that limited portion of the public who come forward and perform the condition on the faith of the advertisement. Offer or Invitation to treat: It can be very difficult to distinguish between an offer and an invitation to treat. Basically it depends primarily on the intention with which a statement is made. Definition of an invitation to treat An invitation to treat is said to be a statement made by one person asking the other to make the first person an offer. An invitation to treat is sometimes described as an offer to make an offer. This is not a very helpful way of describing an invitation to treat. If a proposition is made by one person with the intention that if the other party accepts that proposition there will then be a contract between them, then that proposition is an offer. If a proposition is made by one person with the intention that if the other party accepts that proposition there will not be a contract between them at that stage, then that proposition is an invitation to treat. Examples of invitation to treat: In the examples of invitations to treat that follow, consider carefully what proposition or factual situation made the court decide that it was an invitation to treat and not an offer. Carefully identify the particular elements of the facts of the cases that persuaded the courts that what was intended by one of the parties was an invitation to treat and not an offer. Goods on display in supermarket Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd (1953) Certain brand name medicines were displayed for sale in a self service store. The issue arose as to when and where the sale of the medicines took place. Was it when a customer put the medicines in her shopping basket or was it when she presented the goods to the cashier? The reason this was an important issue was because the Pharmacy and Poisons Act 1933 s.18(1) provided that it was unlawful to sell such medicines unless the sale is effected by, or under the supervision of, a registered pharmacist.? If the sale took place when the customer put the medicines in her shopping basket the sale would not take place under the supervision of, a registered pharmacist?because no pharmacist was present at that time. If, on the other hand, the sale took place when the customer presented the goods to the cashier the sale would take place under the supervision of, a registered pharmacist?because a pharmacist was present at the checkout desk. Q When did the sale take place?(b) The sale took place when the customer put the medicines in her shopping basket. The sale took place when the customer presented the goods to the cashier Goods on display in window shop: Fisher v Bell (1960) A shopkeeper was convicted of offering for sale a flick knife contrary to the Restriction of Offensive Weapons Act 1959 s.1(1); he had displayed the knife in his shop window. The shopkeeper appealed. Q What happened to him on appeal? (b) The shopkeeper was convicted of offering a flick knife for sale The shopkeeper was acquitted of offering a flick knife for sale. An advertisement can be an offer: An advertisement can sometimes be an offer BUT THIS IS VERY EXCEPTIONAL. Remember the thing that determines whether a statement is an offer or an invitation to treat is the intention of the party who makes the statement: our definition of an offer was an offer is a proposition put by one person to another person made with the intention that it shall become legally binding as soon as it is accepted by the other person.?So if a proposition, say an advertisement, is made with the intention that if acted upon the person making the advertisement will consider themself legally bound then the advertisement will be an offer and not an invitation to treat. In Carlill v Carbolic Smoke Ball Co (above) the court held that in the particular unusual circumstances of the case that the Carbolic Smoke Ball Co had intended their advertisement to be an offer. Tender: A tender is an offer in response to an invitation to tender put out by a company. Generally a company who invites tenders is only making an invitation to treat and is not bound to accept any of the tenders. Example of tenders: Spencer v Harding (1870) Harding sent out a circular which stated we are instructed to offer to the wholesale trade for sale by tender the stock in trade of Messrs. G. Eilbeck Co. amounting as per stock-book to ?503 13s 1d, and which will be sold at a discount in one lot. Payment to be made in cash. The stock may be viewed on the premises, up to Thursday, the 20th instant, on which day, at 12 o?lock at noon precisely, the tenders will be received and opened at our offices.?Spencer claimed that the circular was an offer which he had accepted by submitting the highest tender. Q Hardings circular amounted to (b) A) A valid offer which Spencer had correctly accepted b) Nothing more than an invitation to treat and was, therefore, incapable of being accepted by Spencer. Failure to consider a tender: Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council (1990) Blackpool Borough Council sent an invitation to tender to operate pleasure flights from Blackpool airport to the Blackpool and Fylde Aero Club Ltd (the club) and six other parties. The invitation to tender said that the Council do not bind themselves to accept all or any part of any tender. No tender which is received after the last date and time specified shall be admitted for consideration.?The club posted its tender in the town hall letterbox at about 1100 hrs on Thursday 17 March; this was an hour before the advertised deadline expired. The councils staff failed to empty the letterbox at 1200 hrs and as a result the tender was marked late and not considered by the council. The council then accepted the highest tender which was from Red Rose Helicopters. Later the council established that the clubs tender had been received in time and so they decided to declare the successful tender invalid and to reissue the invitation to tender. However, Red Rose Helicopters contended that its t ender had been accepted and that the council was contractually bound to proceed on that basis. The council decided to honour Red Rose Helicopters?tender. The club bought an action for damages against the council for breach of contract. The club argued that the council had warranted that if a tender was received in good time the council would consider it and that the council, having failed to consider its tender, was in breach of contract. Q Click on the appropriate number (a) Although Blackpool Borough Councils invitation to tender amounted to no more that an invitation to treat they were contractually bound to consider Blackpool and Fylde Aero Clubs tender.. Following Spencer v Harding Blackpool Borough Council was not contractually bound to consider Blackpool and Fylde Aero Clubs tender. Conclusions: You should now be able to Appreciate the importance of the concept of agreement. Appreciate the importance of the intention of the parties. Distinguish between an invitation to treat and an offer. If you have not mastered the above points you should review this section again. Training: Q. Which of the following is NOT an invitation to treat? A. An advertisement which states 1000 will be paid to anyone who fails to loose 4kg after using our Slimaid for 4 weeks as per the instructions printed on the box.0000 is lodged with our solicitors to show out confidence in the product. A display of goods in a shop window marked special Offer? Goods offered for sale in a newspaper. An application form for hire purchase. 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Monday, October 21, 2019
10 tips all new teachers should know
10 tips all new teachers should know Beginning a career in teaching is extremely exciting. Shaping todayââ¬â¢s minds that will run tomorrowââ¬â¢s world is a vital job, and it can be fun as well as rewarding. But anyone with a general idea of what teachers do everyday knows that every day wonââ¬â¢t be a breeze. In fact, most days will be a real challenge. The good news is that if you come to the job equipped to deal with those challenges, you will be a much more effective teacher. Go into your new career armed with these 10 tips and youââ¬â¢ll be in good shape from the start. 1. Observe to become a better teacher.A good way to get the lay of the classroom environment is to watch other teachers teach. This step is usually built into the requirements for your degree, since most education students have to observe as part of the curriculum. If it is not, make arrangements on your own to sit in on classes. Doing so will help you figure out what to do on the job- and very likely, what not to do.2. Strive toward tan gible goals.The most effective way to organize a lesson is to set a specific goal for each one. The SMART system will help you set your goal. SMART stands for Specific, Measurable, Achievable, Realistic, and Time-based.3. Schedule your prep time.Most of the work happens in the classroom, but thereââ¬â¢s a lot of preparation youââ¬â¢ll need to do after work hours too. Be sure to always set aside a specific time to get your lesson plans together so you never have to scramble to get them done at the last minute.4. Exude confidence (or fake it if you have to).Students can be an unruly bunch, and the worst ones can really frazzle you. Sometimes they may simply be bored and unengaged. The best weapon against such challenges is confidence. If you are in charge of your voice and body language, students will be more likely to allow you to take charge of the classroom.5. Never forget- youââ¬â¢re the adult.On a similar note, you must never forget that you are the adult. Difficult stud ents may try to break you down and drag you to their level. It is your job to remain above such childishness- you have the control to both dole out the discipline and be lenient when appropriate.6. Dress for the job.On another similar note, you need to make it very clear by your presence that youââ¬â¢re the adult and not one of the gang. Save the cool and casual clothes for your spare time. At school, dress in a professional manner to establish an air of authority.7. Establish rules early on.You canââ¬â¢t just make an authoritative impression by dressing appropriately. You must also set out clear rules for maintaining your authority. Make sure your students know what you expect of them in terms of personal behavior, due dates, and class participation.8. Encourage organization.Organization can be a key to success, so aim to instill the value into your students. Expecting students to take notes is one way to encourage them to stay organized. You can also get them to think of you r lessons in an organized manner by using visual aids such as graphics and diagrams to connect ideas.9. Constantly check their understanding.Your studentsââ¬â¢ ability to comprehend your lesson may not exactly keep up with your enthusiasm for teaching it. So every 10 minutes, take a break to check in with your students and find out if theyââ¬â¢re following your flow of information. Asking a few review questions is one effective way to check their understanding.10. Love what you do.Finally, make sure you maintain that enthusiasm for teaching. The way to do this is to love your work. If you exude enthusiasm for teaching, exercise your imagination, and work to inspire the creativity of your students, you will receive greater enjoyment from your teaching and your class will be more willing to learn from it. Good luck!
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