Consideration in Law of Contract Essay Example | Topics and Well Written Essays - 1250 words

Consideration in Law of Contract - Essay Example 6. Promise to perform an existing contractual obligations is a valid consideration. Definition of Consideration: Sir Frederick Pollock, defined consideration as "An act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable." Lord Dunedin ratified this definition in Dunlop v Selfridge Ltd [1915] AC 847, Patteson J defines Consideration in Thomas v Thomas [(1842) P 118)] case as "Consideration means something which is of some value in the eye of the law, moving from the plaintiff; it may be some detriment to the plaintiff or some benefit to the defendant, but at all events it must be moving from the plaintiff. [Contract Cases and Materials by H.G.Beale, W.D.Bishop and M.P.Furmston. Chapter 6 p.93] Consideration is defined by Lush J. in the case of Currie v Misa [(1875) LR 10 Exch 153, 162.] as "A valuable consideration, in the sense of the law, may consist either in some right, interest, profit or benefit accruing to one party or some forbearance, detriment, loss or responsibility, given, suffered or undertaken by the other". [Contract Cases and Materials by H.G.Beale, W.D.Bishop and M.P.Furmston. Chapter 6 p.93] Evaluation of this definition with reference to the Court of Appeal's understanding of consideration in Williams v Roffey Bros &Nicholls (Contractors) Ltd (1990) 1All ER 512, Court of appeal. [Contract Cases and Materials by H.G.Beale, W.D.Bishop and M.P.Furmston. Chapter 6 p.107] Before we attempt this it is necessary to know brief facts of the case. In this case Roffey Bros. are the Principal contractors undertaken the carpentry work in an apartment. In the principal... Consideration in Law of Contract The Dictionary meaning of Consideration is "Consideration means something which is of value in the eyes of the law, moving from the plaintiff, either a benefit to the plainiff or detriment to the defendant. Consideration is not to be confounded with motive." (Black's Dictionary) Consideration means "Something that is legally regarded as the equivalent or return given or suffered by one for the act or promise of another". Adequate consideration means, "Legally sufficient, lawfully and reasonably sufficient". (Webster's third new International dictionary) The word "Adequate" means fully equal requirements or occasions, commensurate, but in its primary and not more popular significance, nothing can be said to be 'adequate' which is not equal to what is required, suitable to the case or occasion, fully sufficient, proportionate, and satisfactory". Therefore the definition of consideration as defined by Lush J. in Currie v Misa case is perfectly fulfilled in this case. Hence the courts have rightly adjudicated the case in favour of the plaintiff. Another point to discuss in this case is whether there is a promissory estoppel. Before we discuss this it is better to under stand the promissory estoppel. Estoppel is an equitable doctrine: Courts apply this doctrine as discretion. It is not a remedy at law. When one party did said something to induce the other party to make a promise. At later stage if he differs as unlawful and not enforceable. The court can apply its discretion of Estoppel on sufficient proof.

Cost and Benefits of Internal Recruitment for ACE Media Group Essay

Cost and Benefits of Internal Recruitment for ACE Media Group - Essay Example ACE Media Group will also save training and recruitment costs as the employee recruited will not need intensive training to perform his or her duties as a project lead in Malaysia. The director will only need to acclimatize to the foreign business environment but will not struggle to acquaint himself with the policies of the firm. The approach is also beneficial to the organization as it is much easier. The HR recruitment team will have access to sufficient information on potential candidates from its various branches across the world such as Sydney, UK, France Singapore and China. The availability of the information pool will make the selection process easier. In addition, internal recruitment will also facilitate succession planning. ACE Media group will incur several costs associated with internal recruitment. First, they would bear the opportunity costs linked to recruiting old talent who lack new perspectives acquired from outside the organization. Being that ACE Media Group is a big business, it is possible that internal politics will arise among interests groups, and this may jeopardize the unity of workers. Internal recruitment may not help in turning the company around as the recruited employee will tend to stick to the usual strategies and stale ideas due to inbreeding within the firm. External recruitment may bring to the company a new employee possibly a Malaysian who may not facilitate quick settlement in the foreign market due to local politics and prejudice.

Teaching Philosophy Statement :: School Education Teachers Essays

Teaching Philosophy Statement â€Å"People rarely succeed unless they have fun in what they are doing.† (Dale Carnegie) This quote best fits my views toward education. I feel that a majority of students, today, dread going to school and no longer look at it with a positive mentality. I believe this attitude toward schools is why overall grade performance has decreased and United States students rank lower when compared to students of foreign countries. I want to change all this, at least, in my classroom. I want to restore the positive energy and ambition that some students have lost in education. I want students in my classroom to thirst for new knowledge and have a productive and enjoyable time doing so. I personally believe that students, at all age levels, do their best work, and get more involved, when they are educated in an interesting, creative, and hands-on environment. My aspect towards which philosophies to use in education is eclectic. I predominately agree with the Progessivist theory because it is student centered and perceives students as individuals. I believe that these individual needs should be expressed and accommodated in the classroom. I also feel its important for the educational environment to include a democratic process, where students have a chance to voice their opinions about the material they will learn and the rules that they must follow. I feel that when students help direct their own path, that they gain more respect in the classroom and increase their drive to learn. Another factor I’m akin to about using Progressivism in the classroom is that it is experience-centered and deals with actual problems that students face in life. I agree with John Dewey’s belief that students learn more by doing because it has meaning. An additional belief that Dewey and myself consider vital is that students should learn how to apply previously learned information and skills to solve new issues. This teaches students’ critical thinking skills and problem solving methods. I also favor the Essentialist’s philosophy because it has a strong curriculum based around the traditional subjects of reading, math, and science. I think core curriculum furnishes students with a strong foundation, which they can build upon as they continue to learn.

Animal Farm Analytics

Leaders use many tactics to withhold power and maintain control over the ignorant people. Joseph Stalin, the leader of the USSR from 1922-1952, used many clever and sometimes gory techniques to keep his power over the Soviet people. These strategies are shown in George Orwell's allegory of the Russian revolution, Animal Farm. Napoleon, the self-proclaimed leader of Animal Farm and allegorical representation of Joseph Stalin, has quite a few crafty and cunning ways to retain his authority over the animals. For example, by only educating the piglets and dogs, Napoleon keeps the majority of the animals uneducated and ignorant and therefore easier to manipulate. By blaming mistakes and wrongdoings on Snowball, an exiled pig who is an allegorical representation of the exiled Russian leader Leon Trotsky, Napoleon is able to create a common enemy. This takes the blame off of himself and instills a fear in the animals, making it easier for Napoleon to control the public. Finally, he trains puppies to become attack dogs and uses them as a police force, forcing the animals obey his every word by fear of bodily harm. By keeping the masses ignorant and afraid, Napoleon is able to retain his power over Animal Farm. Since he restricts formal education to the piglets and dogs, Napoleon is able to keep the remaining animals uneducated and docile, using their stupidity to his advantage. For example, after Napoleon murders many of the animals who are supposedly in league with Snowball, the animals are a bit uneasy because they recall a Commandment that states, â€Å"No animal shall kill any another animal† (Orwell 58). Muriel, a literate goat, reads the Commandment after the massacre, and it says, â€Å"No animal shall kill any other animal without cause† (151). She thinks that â€Å"somehow or other the last two words had slipped out of [her] memory. But [she] saw now that the Commandment had not been violated; for clearly there was good reason for killing the traitors† (165-166). Because Napoleon only educates the wealthy, the rest of the animals are oblivious to what is going on and believe everything that they are told. When Napoleon changes the Commandments, the animals blame their own faulty memories and proceed to believe whatever is written in the commandment because â€Å"Napoleon is always right†(111). Napoleon exploits the animals' gullibility when he modifies the Commandments to justify his atrocities and garner even more power. Since the animals only believe what they are told by Napoleon and the media, he is able to maintain his control over the farm. By limiting education to only a select few, Napoleon is able to manipulate the masses and get away with changing things to his benefit. Napoleon creates a scapegoat and common enemy for the animals by blaming everything that goes awry on Snowball. This, in turn, brings about a sense of fear that helps Napoleon strengthen his rule. One instance where Napoleon executes this strategy is early in the spring, when the animals receive news from Napoleon that Snowball is secretly frequenting the farm at night and disturbing the animals in their sleep. After hearing this news, â€Å"the animals [are] thoroughly frightened. It seemed to them as though Snowball were some sort of invisible influence, pervading the air about them and menacing them with all kinds of dangers† (147). Blaming Snowball for everything that goes askew is a good way for Napoleon to create a common enemy and inculcate fear in the animals. By putting Snowball under a bad light, Napoleon makes it seem as though he is the good guy and Snowball is the bad one. His actions make his reign seem â€Å"perfect† since everything is blamed on Snowball. This way, he will receive no opposition. Additionally, by depicting Snowball as the reason for all their troubles, the rest of the animals look up to Napoleon to make the right decisions and lead them through this time of crisis. Animals that are afraid are always easy to control. Creating a scapegoat allows Napoleon to deflect the blame from himself and create nationalism within the animals, making it easier for Napoleon to rule. Napoleon uses the dogs as a police force to control the animals through fear of bodily harm. After Jessie and Bluebell have nine puppies, Napoleon takes and trains them in seclusion. They soon grow into nine vicious killer dogs. One day, Napoleon assembles the animals in the yard to confess their crimes. Any animal who opposed or rebelled against Napoleon steps up, confesses his crimes, and is slain on the spot by the attack dogs, right in front of the other animals. The dogs are ruthless and tear the animals' throats out. After witnessing this bloody massacre, none of the animals know why â€Å"they had come to a time when no one dared speak his mind, when fierce, growling dogs roamed everywhere, and when you had to watch your comrades torn to ieces after confessing to shocking crimes. There was no thought of rebellion or disobedience†(161). Napoleon, by publicly executing anyone who happens to displease or disobey him, sets a precedent of what will happen if any of the animals rebel. The attack dogs are able to crush any signs of rebellion. This puts Napoleon in supreme power because every animal will do whatever he tells them to do, in fear of being kil led. By using the dogs as a means to control, Napoleon is able to crush any signs of rebellion and maintain his control on the farm through fear of physical harm. In Animal Farm, the public is uneducated and afraid, which makes them much more easily manipulated by Napoleon and the pigs. By only educating the wealthy, Napoleon makes sure that the general public is uninformed and therefore easier to control. Blaming Snowball for everything that goes astray creates a scapegoat and common enemy, which inflicts a fear in the animals. This also makes Napoleon seem more perfect, so the animals are more likely to listen to him and give him more power. Napoleon also creates a â€Å"police force† from the attack dogs, who help control the general public by fear of physical harm. In Animal Farm, Napoleon goes to extreme lengths to remain in power, much like other dictators around the world. In the 1900's, Stalin did many violent things to keep in control of the Soviet Union, including mass murdering innocent people who spoke up against the government. Leaders go to extremes and use oppressive tactics to remain in control of their land. In future circumstances, the public should be careful not to trust their leader too much or give them too much power, otherwise the leader will become the dictator of a totalitarian regime.

Dreams in Langston Hughes Poems - 1401 Words

Langston Hughes’ challenging background, ethnicity, and era of life can all be thought of reasons as to why his style of writing relates among discrimination and unsettling topics. Although his writing can be said to bring hope to the African Americans, his style can be frightening and daunting when taken the time to read his pieces. They may not seem real, but they are his way of interpreting and informing the future of what African Americans, like himself, had to go through and what they had to experience. Although some of his writing pieces tell about horrible and sad times of the African American people, throughout his poems he brings hope and peace for the culture. The pieces he wrote may not be pleasant to read, however, the past†¦show more content†¦Most have seen these things or felt them at a single time. Using phrases like these help the readers to understand all the feelings that went into writing the poem. Langston Hughes was not a cryptic writer. His feel ings and thoughts were left on the page. In this poem his thoughts were said to be more focused on the division between different cultures and wishing for the divider to be broken. â€Å"Let America Be America Again† has a similar theme. It not only reflects the feelings the African American culture had during this period, but it makes the reader feel these feelings too. The beginning statement in the poem, â€Å"Let America Be America Again,† makes the reader question what America was. What was America like? Another line from the poem, â€Å"Let it be the dream it used to be,† directly relates to the theme in the previous poem â€Å"Harlem† because in both poems Langston Hughes wishes and wants to take action to recover the way people used to be treated. The basis of â€Å"Let America Be America Again† is that, in Langston Hughes’ opinion, everyone should be equal and treated fairly. No one should be discriminated because of their backgroun d. Literary critic James Presley says that the poem was written in order to beg for the Dream that never was. His opinion is that Langston Hughes’ view of the so-called â€Å"American Dream† was not really a dream at all. He goes into detail that Langston Hughes’ saw the dream as â€Å"ragged, uneven, splotched, and often unattainable goalShow MoreRelatedAnalysis Of The Poem Dream By Langston Hughes1909 Words   |  8 Pagesof each poem are very similar, but yet are different in their own unique way as well. The two pomes are about dreams, the first poem, Dream is about what could possibly happen if we let go of our dreams and don t purse them. The second poem, Harlem is about the possibilities of what could happen when we postpone our dreams. Both poems do not exactly end with a happy ending, for they show the regret that we will be left with, possibly even death. The poem Dream by Langston Hughes is aboutRead MoreA Brief Look at Langston Hughes1413 Words   |  6 PagesLangston Hughes Langston Hughes’ challenging background, ethnicity, and era of life can all be thought of reasons as to why his style of writing relates among discrimination and unsettling topics. Although his writing can be said to bring hope to the African Americans, his style can be frightening and daunting when taken the time to read his pieces. They may not seem real, but they are his way of interpreting and informing the future of what African Americans, like himself, had to go throughRead MoreA Prize For Poetry, International Ibsen Award You Named. Langston Hughes1058 Words   |  5 Pagesyou named. Langston Hughes is a great poet, his poems are truly inspirational, persuasive. It s almost like he was talking directly to the reader. To begin with, have you ever wondered what impact Langston Hughes poems had on people lives. Well if so then you on the right place. James Mercer Langston Hughes was born February 1, 1902, in Joplin, Missouri. His parents were Caroline Mercer Langston and James Nathaniel Hughes. Langston parents divorced when he was a kid, Langston was raisedRead MoreRacism and Langston Hughes658 Words   |  3 PagesLangston Hughes was a great African American poet, social activist, novelist, playwright, and columnist (â€Å"The Biography of Langston Hughes†). As a child, he grew up in the times of racial inequality. As a result, his poems often shared the recurring theme of hope, breaking free from racial inequality, and to strive for a better future. This theme was very evident in the poems â€Å"Dreams† and â€Å"I Dream a World†, by Langston Hughes. This common theme is a result of the era Hughes grew up in. James LangstonRead MoreEssay on Langston Hughes a Harlem Renaissance Man1463 Words   |  6 Pagesartists such as Langston Hughes. James Mercer Langston Hughes was an African American poet, journalist, playwright, and novelist whose works were incredibly well known. It was during the peak of the Harlem Renaissance in which Langston Hughes produced poetry which was not just musically and artistically sound, but also captured the essence of the blues. Thus giving life to a new version of poetry that illustrated the African American struggle between society and oneself. Langston Hughes was one of theRead MoreLangston Hughes Poetry649 Words   |  3 PagesLangston Hughes, the most memorable figure of the Harlem Renaissance, wrote everything from plays, short stories, novels, and most importantly poetry. Hughes’ writing is based on his personal views on frustration that he had towards the plight of African Americans. Langston has no fear with anything he is involved in and sto od up for his people. Unfortunately, his people responded negatively towards his actions, for they thought he was creating more racial tensions. Nevertheless, this was not Hughes’Read MoreThe Writing Style Of Langston Hughes1001 Words   |  5 Pagescollective, is one of the many legacies of Hughes, who has been called â€Å"the architect† of the black poetic tradition. He is certainly one of the world’s most universally beloved poets, read by children and teachers, scholars and poets, musicians and historians. Langston Hughes became the voice of black America in the 1920s, when his first published poems brought him more than moderate success. Throughout his lifetime, his work encompassed both popular lyrical poems, and more controversial political workRead MoreLangston Hughes Essay1084 Words   |  5 PagesLangston Hughes was a large influence on the African-American population of America. Some of the ways he did this was how his poetry influenced Martin Lut her King Jr. and the Harlem Renaissance. These caused the civil rights movement that resulted in African-Americans getting the rights that they deserved in the United States. Hughes was born in 1902 in Joplin, Missouri. His parents divorced when he was young and his grandmother raised him. She got him into literature and education; she was one ofRead MoreLiterary Analysis of Langston Hughess A Dream Deferred1028 Words   |  4 Pagesanalysis of the poem must take place. It unveils and discusses the themes, figures of speech, word placement, and flow of the piece, and A Dream Deferred, is no exception. In Langston Hughess poem, A Dream Deferred, the theme is that no really knows to dreams if they are not reached, and very realistic figures of speech help convey this idea; the poem can be surprisingly related to Mr. Hughess life through the subtitle and quotes from Langston himself. The meaning of, A Dream Deferred, isRead MoreThe Life Poems of Langston Hughes Essay775 Words   |  4 Pagesliving with many relatives, Langston Hughes experienced poverty. Langston Hughes used poetry to speak to the people. Langston Hughes is a pioneer of African American literature and the Harlem renaissance error. Mr. Hughes dedicated his poems to the struggles, pride, dreams, and racial injustices of African American people. Langston Hughes was born James Langston Hughes, February 1, 1902 in Joplin, Missouri. Langston Hughes, named after his grandfather James Mercer Langston, was the first African

Racial Prejudice And Its Effects On Society - 887 Words

Racial prejudice can often occur during first impressions, as individuals quickly associate a person’s appearance with particular personality characteristics. An example of this association would be to assume that someone who is wearing a hijab is a terrorist or that someone of an Asian decent is highly intellectual. These associations are often used to organise our lives and arrange the overwhelming stimulation, however individuals must be able to discriminate when categorizing is appropriate and when it is inappropriate. To reduce problems of racial prejudice in society, individuals need to recognize and alter these cognitive strategies that are causing them to briefly categorize people inappropriately. Nonetheless, children need to become aware of these destructive cognitive strategies and discouraged from categorizing people as well. Witter, Hammer and Dunn discuss in the textbook Adjust, that stereotypes are frequently automatic customs that occur unintentionally and unc onsciously. However, they also express that these automatic customs can be superseded, though it requires awareness from the individual that their prejudgment are flawed. If effort it put forth, individuals can alter their subjective negative perceptions, reforming them towards thoughts of equality and kindness towards all members in society. When individuals become aware that their prejudices may be a result of ignorance, misleading media representations, unhealthy parenting or a combination ofShow MoreRelatedRacial Prejudice And Its Effects On Society886 Words   |  4 PagesRacial prejudice often transpires through first impressions, when meeting someone for the first time individuals tend to classify each other associating particular physical features with personality characteristics, before truly getting to know that person. An example of this association would be to assume that someone who is wearing a hijab is a terrorist or that someone of Asian decent is highly intellectua l. To reduce problems of racial prejudice in society individuals need to alter these cognitiveRead MoreRacial Discrimination And Its Effects On People And Society1653 Words   |  7 PagesRacial discrimination has many effects on people and the society, and these effects are mostly negative. In To Kill a Mockingbird, Harper Lee, the author, demonstrates racial discrimination and its effects through Tom Robinson s case. Tom Robinson is accused of raping and beating Mayella, and Atticus Finch is the man who steps up to defend this innocent man in the town of Maycomb, where everyone was decided from racial prejudice. In the three following sources, Montgomery Boycott, White PeopleRead MoreTo Kill a Mockingbird Analysis933 Words   |  4 Pagesreading of the novel is focused on the issues of racial prejudice, but there are also a number of other alternative and oppositional readings. Examples of this are the Marxist and feminist readings which can be applied to the text. Lee has invited the reader to interpret the dominant reading of racial prejudice. It is obvious to the reader that racial prejudice is incorrect and the treatment of ‘African-Americans is cruel and unjust. Racial prejudice is also a major theme in the novel and it isRead MorePrejudice And Stereotyping : A Social Psychological Perspective1160 Words   |  5 Pages Prejudice Stereotyping: A social psychological perspective The ability and desire to relate to someone or compete with others, is a fundamental norm and a common aspect in everyday life. The notion to discern ‘us’ from ‘them’ is a way we make inferences of the people we meet and engage with. These everyday inferences affect the way we think, use, and interpret information which guide us to behaviors and beliefs. We use prejudice, stereotypes and discrimination all too often andRead MoreDifferences Between Minority And Minority Groups1443 Words   |  6 Pagesbetween majority and minority groups and their awareness of blatant and subtle prejudice, by priming either common or dual identity. It was hypothesized that due to their marginalization, minority groups will be more aware of both subtle and blatant prejudice and that those primed with dual identity will show a similar heightened awareness. The results demonstrated that majority groups were more aware of both types of prejudice, contradicting many p revious results in this area. This study was conductedRead MoreSociological Theories Of Prejudice And Racism1645 Words   |  7 PagesSociological Theories of Prejudice and Racism Functionalist theory argues for race and ethnic relations to be functional and thus supply to the melodic conduct and strength of society, racial and ethnic minorities must assimilate into that society. Assimilation is a process by which a minority becomes socially, economically, and culturally absorbed within the dominant society. The assimilation perspective assumes that to become fully fledged members of society, alternative groups must adopt as muchRead MoreShould Racial Slurs Be Banned From Society?847 Words   |  4 PagesShould Racial Slurs be Banned from Society? Racial slurs have grown within American history as our society has developed into one of the greatest superpowers of the world. As a nation, America has fought several internal and external wars to advance into a free country and attain the rights it now holds. These rights, or moral principles, were established to protect the residents inhabiting each state. Countless rules of regulation against racism have been enforced by Congress beginning from theRead MoreThe Colors Of Racism By John Steinbeck And Of Mice And Men 1330 Words   |  6 PagesThe Colors of Racism in Of Mice and Men The struggle of racism in America is one which has been regularized in American society. The devaluation and undermining of colored individuals has become commonplace, due to social injustice. In particular, racial discrimination prevails among African American societies due to the color of their skin, and the stereotypical notions of racial superiority that the white race illuminates. For over three-hundred years, the African American communities have been oppressedRead MoreA Raisin Of The Sun, By Lorraine Hansberry And Down These Mean Streets By Piri Thomas880 Words   |  4 PagesRacial prejudice and discrimination often leaves its victim in a weak and vulnerable state; it elicits emotions of helplessness, non-belonging, and may manifest itself in a binding and enduring identity crisis. In the course of American history, decades of progress have been made to amend the wrongs of slavery, the wrongs of discrimination and prejudice, and the wrongs of segregation and morally conflic ting understandings of equality. People such as Martin Luther King Jr. had helped pushed for acceleratedRead MoreAttitudes, Racism and Culture Essay1521 Words   |  7 PagesPsychology Research Essay: Attitudes, Racism and Culture Focus: Simple interpersonal contact is not sufficient enough to reduce prejudiced attitudes. Prejudice is most likely to be reduced when several factors are in effect. _________________________________________________________ Attitudes are long term ideas individuals hold about themselves, objects, other people and issues. They have three components; affect (feelings), behaviour (actions) and cognition (thoughts). Attitudes are not something

Leadership As A Leader And Gaining Leadership Qualities

As a result of living in a society that puts a great deal of importance on becoming a leader and gaining leadership qualities, work places and organisations have now resulted in investing large sums in sponsoring employees take part in leadership programs and training courses. The term leadership is broad and open to interpretation. Peters and Waterman (1982, P. 79) define leadership as â€Å"meticulously shifting the attention of the institutions through the mundane language of management systems. It is altering agendas so that new agendas get attention. It is being visible when things go awry and invisible when they are working well. It is building a loyal team that speaks more or less with one voice. It’s listening carefully most of the†¦show more content†¦There are many theories that contribute to the discussion of leadership some of which are: Trait, Behavioural, Contingency, Relational theory and the Style theory. The contingency theory claims that there is n o set way to lead an organisation. This is due to the fact that both external and internal factors need to be considered by the leader and need to be handled accordingly. The Relational theory looks into how relations within an organisation develop leaders and at how leaders are required to be accustomed to others within the organisation. The Style theory of leadership proposes that they style of leadership is the key to good leadership. It looks at leaders and their style of leadership for example Steve Jobs would lead in a very autocratic manner whereas Richard Branson is seen to be a democratic leader. The managerial grid is also part of the style based theory; it allows people to embrace a leadership style that is both people friendly and achieve target production. However this theory has been criticised of being too simplistic as different people would prefer to be lead in different ways. Having said this there are two main theories that have become the result of this debate: b ehavioural and trait. The trait theory believes that people are born with leadership characteristics such as imagination, determination and enthusiasm. The analysis of mental, physical and social attributes of leaders resulted in the trait theory being developed. Whereas the behavioural