Sunday, January 26, 2020
Contract Law Essays XYZ Building Services Ltd
Contract Law Essays XYZ Building Services Ltd X, the MD of XYZ Building Services Ltd, is considering drafting a standard set of terms and conditions to use in contracts with his customers. Write a report for him explaining What steps he needs to take to ensure that the standard terms are in fact part of any contract he makes with a customer The extent to which he is free to include any term he wants in his standard terms and The provisions of contract law about termination and breach of contract which he may wish to take into account when drafting his standard terms. Background: In order for the customer and XYZ to be bound by standard terms and conditions there should be a set of criterion filled. These conditions should be treated as exclusion clauses as they are the extreme conditions to be enforced. For these standard terms and conditions to be enforced there needs to be a valid contract, which means that four requirements have to be fulfilled. A valid contract must have the following elements; offer; acceptance; consideration; capacity; and intention. These are present in this contract when XYZ offers his work and the customer accepts verbally or in writing. There is also intention because there is an understanding that XYZ will turn up to work on a certain day and the customer will pay a certain fee, which is evidence of consideration as the customer is at a disadvantage.This is a valid contract, however the next area to explore is whether the exclusion clause and standard terms apply because the customer has never worked with XYZ and at the verbal con tract point does not indicate what his usual terms and conditions are. Basic Requirements of Ensuring Enforceable Standard Terms and Conditions: Under contract law there are only three ways that they can be incorporated which are: By signature even if they are not read; By notice where there has to be sufficient notice By custom where there have been previous dealings between the parties even if the clause is added in later. In every case XYZ should ensure that there is case is a signature in case there is no indication of previous dealings, hence the customer may not bound by these conditions yet. Therefore one has to consider the case of notice, off hand there is no notice as XYZ fully indicates what these conditionsà and the question is whether the average person would have notice, especially as XYZ is an builder and the customer as a business and these could be construed as standard conditions in the business; but this would be easy to prove as notice was given due to XYZ giving these terms and conditions before the contract was agreed and giving a good indication of their nature at this level. Unenforceable Standard Terms and Conditions In every case that a signature is required it gives rise to the opportunity where the terms were fully expressed but under contract law there could be one problem with the contract if the customer has received the contract in their hands and failed to read it the case of Alderslade v Hendon Laundry Ltd if the exclusion clause can only be construed in negligence and in certain circumstances then it is applicable and as The customer received the usual terms and conditions before XYZ started the work, i.e. they had a chance to end the contract then they are bound by them. However, the case of White v John Warwick Co has held that liability for negligence will not normally be excluded. Therefore it is still very confusing whether XYZ is excluded from the damages that the customer is seeking, therefore the statutory provisions of the UCTA and Sale and Supply of Services Act 1982 (SGSA). Is XYZ is liable for the damages that a customer may ask for? In response there is little evidence in whether the exclusion clauses should be supported or not. Under UCTA Section 2 it holds that negligence cannot be excluded in respect to personal and/or death bat all. In relation to other loss/damage liability cannot be excluded unless there is reasonable notice. Section 11 holds that the reasonable test is that the term is fair and reasonable and whether the individual should have reasonably known or in contemplation of when the contract was made. This is similar to the case law discussion; however it is written from the point that negligence can not be excluded except in strict circumstances. There was no real notice in this case, especially when the verbal contract was made. Therefore it is very likely that this clause will not be upheld as the case of Andrews Bros (Bournemouth) Ltd v Singer and Co Ltd holds that exclusion clauses against the party seeking to rely on them. Yet in relation to the damages to the customer it has to be determined if there is remoteness of damage, whereby monetary compensation can be claimed for a failure to perform a primary obligation as this is a breach and/or the loss for any breach of a secondary obligation. In respect to the negligence that has caused personal injury to persons the law states that this cannot be excluded under Section 1(2) of the UCTA, therefore it has been shown that the customer may claim for this. Reasonableness Test, Breach and Questionable Standard Terms and Conditions Again we must turn to whether there is reasonable notice to exclude liability and under the SGSA Section 16 where restricting liability for breach of implied terms arising from Sections 13-15 is subject to the reasonable test and provisions of the UCTA, where the reasonableness test is based upon the common law officious bystander test that is defined in Sir Law v Southern Foundries Ltd which is a stricter test for exclusion clauses where it has to be so reasonable and that the notice is sufficient that the officious bystander would agree to its terms. This basically holds that there are implied terms such as a reasonable quality of goods and services and that it should be completed in a reasonable quality and should be usable. This means that the exclusion of liability for faulty equipment and liability for faulty work cannot be excluded. This means that these two exclusion clauses cannot be upheld. In respect to the negligent completion of work i.e. was there reasonable excuse for the negligence. Yet it was an express term of the contract and without reasonable excuse this exclusion clause it is possibly not going to be upheld, this is rule from an early common law principle. Yet there is the question whether this is reasonable exclusion for the trade.à However, as in the case of Edmund Murray Ltd v BSP International Foundations Ltd it was held that it was not fair and reasonable for the party in breach to rely on an exclusion clause for failing to meet the specifications of the other party. Therefore this again will be subject to the reasonableness test where the test applied to the whole term and to the particular reliance on it. Therefore if it is a specific term of the contract to be finished by the certain date and made clear by The customer and XYZ did this as it was then it is very likely it can be excluded because it is a trade standard. Finally, if one considers the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) if the term does not create an unfair balance in detriment to the consumer it can be upheld. Yet as this does create an unfair balance and puts the customer at a loss then they will be protected from the exclusion clause as a consumer, even though she is acting for her business. However are the circumst ances of this variation sufficient enough for the customer to claim? If the swimming pool was properly marked the work would have been finished within the time period would variation to the contract be acceptable? Therefore is there a reasonable excuse for the variation and did both the customer and XYZ have equal bargaining power? The first question to ask is whether the circumstances that lead to the variation of the contract would have frustrated the contract, if the variation is perfectly acceptable as long as the customer was not put under duress to accept the new terms. Bibliography J. Beatson (1998) Ansonââ¬â¢s Law of Contract 27th Edition, Oxford University Press Buyer (The), 2002, Aspects of Frustration, Buyer 24(12) Groves,à 2004, Force Majeure,à Bus Ad 2.10 (2) David Kelly, Ann Holmes Ruth Hayward (2002) Business Law 4th Edition, Cavendish Lunney Oliphant, 2000, Tort Law: Text Materials, Oxford Uni Press Ewan McIntyre, (2004) Business Law, Longman
Saturday, January 18, 2020
Influence of Advertising Essay
The Influence of Advertising The Influence of advertising on our lives for both children and adults has been enormous. In todayââ¬â¢s society, it stands for communication, motivation, opportunities, information as well as art. However at the end, the purpose of all of these factor is business. Every advertisement has a clear purpose, no companies will put out an ad on tv or radio without a clear purpose because the cost for putting out an ad in todayââ¬â¢s society is immense. In todayââ¬â¢s society, beauty ads have large party of advertising, beauty ads not only have effects on the older generation, they also have effects on the young generation. For the young generations, beauty ads convey the message of the secrets or methods to stay young, and for the older generations, beauty ads convey the message of how to become and look young again. The beauty ads today are not only advertising their product but advertising the belief theyââ¬â¢re trying to sell to the people, mostly females. The companies are trying to make their customer believe that if they use the product theyââ¬â¢ll look ten years old younger even though it is not true. For those people who are old ââ¬Å" To age is to learn the feeling of no longer growing, of struggling to do old tasks, to remember familiar actions. As curtin mentioned. However As the belief of beauty product can make people stay young, more and more older generations started to forget their ages because of their temporarily younger appearance . For those people who are young, the companies are trying to sell them the idea of the secret of retaining young. It is a false method to make the young generation to believe they can stay young forever because eventually one day they will wake up and realize all the money they spent on their beauty product was a waste, and there is nothing that can keep them young forever. The negative effect of beauty products that apply to all generations is the obsession of buying these products, and pay too much attention about their physical appearance. This negative effect will create a false sense of needs in people, when in fact they do not really need the items and the products that they are buying. and thanks to advertisements, this illusion is easily perpetrated, The products being offered through advertisements appear to be the tickets to happiness and ageless.
Friday, January 10, 2020
How does media censorship violate freedom of expression and impact businesses Essay
Discuss how censorship of the media is a violation of the freedom of expression and its impact on businesses in Malaysia. Censorship is the resistor of information and ideas distributed within a society, or can be defined as the act of changing a message, including the change of deletion (complete elimination of the message), between the sender and receiver. Censorship is a tool that can be used to accomplish good or evil but must be used carefully and only when truly necessary. Media censorship takes many forms in the way you get your news, while most information is edited at length some information is edited to keep delicate information from the public and this is usually done to protect a personââ¬â¢s privacy and also to protect media outlets from corporate or political fallout. Freedom of expression is the right to express ones ideas and opinions freely through speech, writing and other forms of communication but without deliberately causing harm to others character and/or rep utation by false or misleading statements. An example of freedom of expression is freedom of press. Freedom of expression is an important human right. It also underpins most other rights and allows them to flourish. The right to speak your mind freely on important issues in society and to access information plays a vital role in the healthy development process of any society. Censorship is an expanding issue in Malaysia as they want to reach a knowledge based economy which is an economy that uses knowledge to generate tangible and intangible assets and using technology to transform a part of human knowledge to machines. Malaysia having one of the worldââ¬â¢s firmest systems of media censorship with about a hundred movies being barred in the past 10 years on the ploy of upholding morality and the internet however remains unconstrained in line with keeping civil liberties and preserving democratic spaces. Article 10 of the Federal Constitution of Malaysia states that everyone has a right to freedom of expression but on many occasions peopleââ¬â¢s right to implement their freedo m of expression is restricted and selectively based on the freedom of choice of the government. The restrictions are justified under the maintaining racial harmony and public order. Professor Dr. Shad Saleem Faruqi argued that the constitution offers a rather weak provision for freedom of speech predominantly as a result of adjustments following the May 1969 clashes. The right includes freedom to give opinions and to obtain and convey information and ideas without disturbances by public authorityà irrespective of borderlines. To exercise freedom, it comes with duties and responsibilities, and may be exposed to formalities, conditions, restriction or penalties set by the law (The Sun, 2005). In the case of Chai Choon Hon v, Ketua Polis Daerah, Kampar and Government of Malaysia (1986), Choon applied for a license to hold solidarity dinner in public space. His application was accepted but stamped with seven restrictions, two he felt were unfair. The speakers should not exceed seven and that no speech to touch on political issues. It was turned down when he sued at that federal c ourt but was granted to go ahead by the supreme-court judge. In this case we see how the governmentââ¬â¢s power to regulate meetings and event is not absolute. Such right is easily abused especially towards businesses and rival politicians, this comes to show that freedom of assembly remain safeguarded and only restricted when it is absolutely necessary. Daniel J.Boorstin, who was known as the leading intellectual public position in the nation argued that any sorts of censorship ââ¬Å"has no place in a free society.â⬠Hence, media censorship is deemed unlawful or in violation of human rights and should undergo judicial review1. Even the Malaysian Press Institute chairman Datuk Azman Ujang himself claimed, ââ¬Å"Media censorship will not really aid the country because Malaysia needs a free press that shows maturity and progress in order to evolve.â⬠Although he rejects complete press freedom due to existing laws and sensitivities of certain areas, ââ¬Å"press freedom is essential when the foreign community reflects on our country2.â⬠Exclusion of the media is an extremely ruthless constraint on freedom of expression and information in these boundaries should only be placed where there are obvious safety concerns. An unfortunate example would be when the MIC President, S. Samy Vellu had the authorities charge Awang Se lamat under the Sedition Act because of an article ââ¬Å"Malays betrayed?â⬠even though open and civil discussions on race and religion are essential in the evolvement of the nationââ¬â¢s ethical boundaries3. Hence, to ban certain views is a grave violation of freedom of expression for the individual and the community. An appealing argument favoring media censorship however is the security of secrets. For example, in 2008 when Mumbai was attacked by terrorists, media censorship could have been used against news reporters who revealed the counter-terroristââ¬â¢s operation clearly because terrorists in their hideout could have been pre-warned of the impending actions of the counter-terrorists. Hence, some information is best unknown. Nevertheless, if a foreign press is producing an unbiased discussion on the leadership of our country and the ruling coalition bans such information from the nation, democracy would be no different from dictatorship. Moreover, if knowledge does not spread, it will lead to intellectual stagnation which would not have brought humanity to its present day. Basically, it is about the balance and authorities need to identify the rationale behind that censorship and censor the media as per that rationale4, not according to the selfish benefits of the ruling authorities. Subsequently, Malaysian officials have ordered bookstores to stop selling ââ¬ËWhere did I come from?ââ¬â¢ by British author Peter Mayle, a sex education book which intends to help parents explain to children topics regard ing sex, conception, and birth5. Children should be acknowledged with such topics to avoid mistakes that could have been made in their future. It is not necessary to ban such books as bookstores nowadays significantly display books that have been banned in the past and it took personal courage and long, hard work to undo that ban which should not exist in the first place. Many older teenagers are knowledgeable about sex beyond the imaginations of their parents and are ravenous to scrutinize serious issues concerning life and to have their ideas taken seriously6. Hence, further knowledge should not be stopped from them. After all, books that have no prospect of school purchase can, and do extend freely to infinite possibilities of the English language. Nevertheless, readers and audiences are normally unable to choose what to present and what not to present in the media because everything is already out there unconsciously. The only choice they could make is to select what kind of information and ideas they want to obtain. However, in Malaysia, all contents which are deemed as inappropriate or sensitive are subject to censorship from being reported to the society, be it external forced or ââ¬Å"self-censorshipâ⬠. The Malaysian government strictly limits the print media from both legislations i.e. reduce citizensââ¬â¢ freedom of expression and free flow of information. There are very few independent publications among Malaysiaââ¬â¢s media due to the restrictions of obtaining a publishing license8. It is much easier for magazine publishers to obtain a license compared toà newspaper agencies because most of the magazine topics regard lifestyle issues. For foreign publications in Malaysia, there is a history of threatening censorship, delaying issues, and sporadically the complete banning of an issue of a magazine. Research showed that there were infrequent attacks on foreign journalists and foreign publications because they have published some supposedly censored news about Malaysia. For example, during the Bersih 3.0 rally when Al-Jazeera stressed that they have not been censored in this manner by any other distribution platform in the world and condemns Malaysia for that9. The Printing Presses and Publications Act 1984 (PPPA) is one of the harshest of the media laws in Malaysia. Its statute in section 4(1), 7(1), and 9(1) of the act demonstrates how stern the law is regarding the censorship of the print media of the nation10. This Act required all print media to acquire an annual publishing license despite the home ministerââ¬â¢s authority to suspend or revoke publishing permits easily11. The government has extensive seizure powers over printing presses and publications license. Ong Boon Keong, one case in Penang that shows the PPPA reduce the freedom of expression, Ong Boon Keong the Community leader was accused for breach of the PPPA and the Aiyoh Penang, a bulletin which was published unlicensed. This action has not been taken by the police on pressing charge on Ong till today. Section 3 of the Act gives the Internal Security Minister a legally permit license and also refuse any application for a license. The Internal Security Act 1960 deals with publications which forbid materials that contain substance such as violence, not accordance to the law and causing disruption to the peace and security In Malaysia. Action is allowed to be taken by the minister against all print media where the publishersââ¬â¢ writing has not taken ââ¬Å"reasonable measuresâ⬠to substantiate the truth of the news. Contravention of this Act will causes an RM 2,000 fine and, or up t o three years imprisonment. Nevertheless, numerous international parties including the UN Human Rights Committee as well as a number of constitutional courts globally have declared that, bans in publishing ââ¬Å"false newsâ⬠are deemed to breach the guarantee of freedom of expression. As the European Court of Human Rights mentioned, ââ¬Å"Freedom of the press provides the public an ideal means of discovering and forming an opinion of their political leadersââ¬â¢ ideas and attitudesâ⬠. The International Covenant on Civil and Political Rights (ICCPR) imposed formal legal obligations on Stateà Parties to abide its term and had elaborated many of the rights including the Article 19 of Universal Declaration on Human Rights (UDHR). The right to freedom of expression stated in Article 19 of the ICCPR collateral is closely similar to that in Article 19 of the UDHR as ââ¬Å"Everyone shall have the right to freedom of expression which shall comprise freedom to seek, receive and impart information and id eas of all kindsâ⬠. Although Malaysia is an authoritative elaboration of the rights set out in the UDHR, it has no confirm with the ICCPR. Censorship is a growing issue in many countries in the world and has direct effect in businesses. Businessmen today need truthful news or information that is important for their business. However, because of censorship they sometimes could not get the real news and end up with false news. Media censorship forces companies to take many steps to get proper news while the censorship board finds various ways to keep certain information hidden from becoming public. There are some businesses that actually run depending on the media and public. The newspapers and magazines give such information that helps businessmen to promote and run their business home and abroad. If the censorship board attempts to bar news that is relevant to certain businesses, the effects could be unspeakable. Thus, businessmen have to look through foreign news although foreign print media is often c ensored as well. The fact that Malaysiaââ¬â¢s ruling parties control almost the entire press media including the New Straits Times, Malay Mail, The Star, Sin Chew Jit Poh, Guang Ming Daily, Nanyang Siang Pau, and China Press, not to mention Tamil newspapers like Malaysia Namban, Tamil Nesan and Makkal Osai12, political parties could always try to hide their news from others parties which may be related to important business information. So, often other businessmen receive fake or incorrect news that hampers business a lot. This is how censorship is affecting Malaysian business, by not letting foreign news agencies and magazines promote their news in Malaysian newspapers or magazines. The journalists in Malaysia always try to cover the whole true story behind any news or story. Sometimes, they have to bear physical harassment and can often sacrifice their lives to cover the real story. But their efforts get wasted for the obstruction of censorship. Businessmen are generally seen early every morning , eager to read the newspapers to get the latest news about the Business world. Censorship has always created a wall between the truth andà lie. Malaysian government has banned many international newspaper agencies from entering into the Malaysian market. Some businesses fully depend on print media and Malaysian businessmen often need global information to cope with faster moving trends and fashions if they are operating their businesses internationally. Censorship causes problems such as businesses being not comprehensive enough of the circumstances of other countries causing logistical inefficiencies because of possible delays due to strike or any other corruptions in a certain country. Expectedly, the Malaysian business industry suffers much loss due to lack of information from the print media. The government has taken a few steps to make its control over the print media as a way to control the political scenario of the country. Subsequently, a safe campaign in 1998 led by Malaysiaââ¬â¢s ruling party, Barisan National which enabled its constituent partie s to obtain corporate control over the four main Malaysia daily newspapers which are the News Straits Times Group, the Utusan Melayu Group, Star Publications and the Karangkraft Group. Operation Lalang was implemented on 27 October 1987. Two daily newspapers, The Star and Sin Chew Jit Poh, and two weekly newspapers, The Sunday Star and Watan, were shut down for a few months in this operation. Their publishing permits were also suspended temporarily. The Star which was the primary English newspaper that gave news in the Oppositionsââ¬â¢ perspective was banned as its action was considered under the Sedition Act and during Operation Lalang, this newspaper was shut down. Most of the employees were being let go and become unemployed and also held behind bars under the Internal Security Act. The Sisters in Islam (SIS), an Islamic institution in Malaysia, was wondering why was the book that consists of research papers assembled by the activists and academics from Southeast Asia and the Middle East being banned in 2005 by the Home Ministry of Malaysia. It becomes a question because the book mainly focused on the trials and tribulations that Muslim women faced in their c ountries. The book also stresses on the womenââ¬â¢s rights and how to avoid injustice. The newspaper, Suara Keadilan has their permit terminated in June 2010. This is because it was run by the opposition party led by Annuar Ibrahim and according to the Home ministry the news being published in the newspaper were not correct and misleading. All of these actions on the media have negative impacts on theirà businesses. When these publications were stopped, those of them who advertised their business in these publications were affected. They will lose financially because less people will know about their products. As for the publication house itself, it will have greater loss as it has no production which leads to no sales. This in turn means no income or profit. There will be opportunities given by the government to those who support them. On the other hand, those who promote the oppositionsââ¬â¢ views or support their print media will have a hard time in obtaining government assistance for their businesses. Nevertheless, it is very important to know the government policy and the political trends to succeed in the business world. In conclusion, we find that censorship of the media is a violation of the freedom of expression and has a big impact on businesses in Malaysia. Malaysia being strict and firm on the issue of censorship is a legal constraint which limits and reduces the peopleââ¬â¢s freedom of expression and free flow of information. While censorship has pros such as preserving secrets of the nation and protecting the citizens of the nation, plagiarism and political motivated propagandas are avoided. Negative effects of censorship hinder ability for citizens to speak out and share their views, and rights to freedom of speech. Freedom of expression is compromised as it takes away the right of citizensââ¬â¢ big businesses inclusive to know and not allowing people to learn about products and therefore business canââ¬â¢t communicate certain information. This causes an increa se in costs and financial hardship to companies. Due to censorship, information received is imperfect and gathering of such information becomes harder. Any type of increase on cost to a business is bad hence having lower profits which means that businesses cannot reach full capability. As Print Media is the common use of communicating information to citizens, having limitation on the information broadcasted could hinder progress to businessmen as most businesses run and depend on print media i.e. Newspaper articles. Media censorship law Printing Presses and Publications Act 1984 (PPPA) should be loosened with a decrease in restrictions to allow businesses to be dependent on media to blossom and give equal opportunities of success to all businesses. Article 19 of the UDHR and ICCPR should be implemented to keep justice within the nation and freedom of expression can be exercised more and fewer conflicts can take place in the nation. The government should notà control people by censorship as it is a force against globalization and it works against creativity of businesses. In fact, censorship could show a different image to what is really going on which is the abuse of human rights.
Thursday, January 2, 2020
Chad Pregracke from CNN and Odysseus are Heroes - 724 Words
A hero is a person who is admired or idealized for courage, outstanding achievements, and/or noble qualities. A hero doesnââ¬â¢t have to be a fictional character. Heroes can be found in the real world too. CNN Hero of 2014, Chad Pregracke is known as a hero. This is because he is highly self sacrificing when it comes down to keeping the Earth clean. Odysseus, from the epic poem ââ¬Å"The Odysseyâ⬠, is known as a hero also. The reasoning behind this is because on his way back home to Ithaca, he overcomes many obstacles and shows many traits while doing this. Chad Pregracke and Odysseus both display a number of heroic qualities. Chad Pregracke, an average everyday human being, is not so average after all. He is known as a modern day hero. He shows these traits that make up his hero like description through his thoughts, words, and actions. Pregracke, through his thoughts, shows that he is caring for the environment and its condition. People intentionally dumped (these) in the river and also littered, Pregracke said. Even 100 miles away, (trash) will find its way into a creek or a storm drain and into, ultimately, the Mississippi River.(CNN.com) Pregracke is heroically caring because he takes in mind what is going on in the world that could be effecting the environment negatively instead of ignoring it like most people do today. He never thinks about how it could just be ignored or moved past but how the garbage being dumped is hurting the environment and that it should not
Wednesday, December 25, 2019
Sympathy for the Main Character in Sophocles Antigone Essay
Sympathy for the Main Character in Sophocles Antigone Sophocles play is named after its main character, Antigone, and for one the first times in Greek Tragedy it is a woman. In this play, Antigone is clearly the protagonist, as she is showed in her grief, seems sympathetic and the reader or spectator sees her from the beginning; it creates more impact and draws attention to the extremity of her feelings and emotions. Antigone also illustrates one of the central themes of this tragedy, which is the position of women; she upsets gender roles and hierarchy, and disturbs the fundamental rules of her culture. She isâ⬠¦show more contentâ⬠¦The king feels she is defying him and he has the power over whether she lives or dies, and the law is only here to benefit him and to control the people. It emphasizes her lack of power and the divergent way in which they deal with laws. Sophocles turns us towards Antigone again since she follows her own conscience and wants to honour her family whereas Creon chooses to follow state laws. Furthermore, Antigone has to act on her own to bury Polyneices body since Ismene chooses to do nothing, it shows she is the character with the most agency and courage and makes us feel admiration for her. The fact that she has obligations as a woman and a duty towards her family represents her as a martyr and this creates empathy again for her character. As we go on with our reading we discover Antigones deep suffering and sorrow, she suffers because she has no power, is dominated by the status of Creon and is alone in her struggle. She has lost her two brothers, has no family except for Ismene, and is now condemned to die by Creon. In addition, the fact that she has a fiancà © but is not married to him adds to her solitude, and makes us feel compassion for her. As said before, when the play was written women had a very little role in a society ruled by men, and they had very limited freedom.Show MoreRelatedSophocles Antigone: 441-442bc1285 Words à |à 6 PagesThe period that Athensââ¬â¢ Sophocles lived in was a time of important changes to the traditional Greek ways of life. The most significant catalyst of change and concern of the period was democracy. From here stems ideas such as the nature, role and respect of and for the gods, and the individual. The drama of Antigone reflects these concerns in the context it was written through various ways. Athens in the middle of the fifth century BC was at the peak of its power. It attracted foreigners, writersRead More Antigone ââ¬â The First Feminist Essay549 Words à |à 3 PagesAntigone ââ¬â The First Feminist How old is feminism, and who was the first feminist? Although no one can say for sure the exact date on which the feminist movement started, most of it is attributed to the past two centuries. However, women who are feminists have been around much longer. In Sophoclesââ¬â¢s Antigone, the main character (Antigone) acts as a protofeminist by defying the authority of a patriarchal society and taking action according to what she believes is right in her heart. She evenRead MoreWho Is More Tragic, Creon or Antigone?863 Words à |à 4 Pagesdownfall of the character. In Antigone, both Creon and Antigone share some tragic elements: tragic hero, hamartia, hubris, and nemesis. However, Creon is a more tragic hero than Antigone because his character has tragic elements that are absent from the character of Antigone: anagnorisis, peripeteia, and catharsis. There are many tragic elements that both Creon and Antigone share. According to Aristotle, the hero must be a character of high birth or national prominence. Since Antigone is royalty andRead MoreWomens Role in Macbeth and Antigone Essay1563 Words à |à 7 Pagesof helping form the main characters, in the way they think, move or change the story. Women have always been subordinate to men all through history, but in plays, novels, short stories, etc, they have been given large enforcing roles, showing the power within women. William Shakespeare and Sophocles use guilt, pride, and influence to demonstrate the importance of the womenââ¬â¢s role to support the main characters in both the plays of Macbeth and Antigone. In Macbeth and Antigone the authors createdRead MoreAn Analysis of Things Fall Apart and Antigone1027 Words à |à 5 PagesChinua Achebe and Antigone by Sophocles, this idea is portrayed perfectly. The way that Achebe developed Ezinma throughout the novel, I believe, is what was used to show readers the softer and gentler side of Okonkwo. In conjunction with that, Sophocles used Ismene to be the more tame and obedient side of Antigone. Through the descriptions and ways that these two female characters affect the main characters in each of these novels, Ezinma from Things Fall Apart and Ismene from Antigone, it is apparentRead MoreVanity Or Valor : When Lines Are Skewed1434 Words à |à 6 Pageshero and a villain; however, similar to the real world, theses lines between ââ¬Å"rightâ⬠and ââ¬Å"wrongâ⬠become indistinguishably skewed. Sophoclesââ¬â¢ Antigone is not to be viewed through the eyes of morality because together hero and villain lie within the motives of bot h the playââ¬â¢s main characters. Simon Goldhill asserts that ââ¬Å"it is difficult, in other words to read Antigone without making not only moral judgments, but the sort of one-sided moral judgments that the play itself seems to want to mark as leadingRead MoreAntigone: a Study of Moral Influences in Society.899 Words à |à 4 Pageswitness the same fear, reading between the lines at how the author created a character and the reaction of the public to her. The woman, in Sophocles Antigone, is considered powerful but noble, and is met with fierce opposition from men in power, and even fellow women who feel she has fallen from her rightful place. It is difficult, however, to determine who is right and who is wrong, when it is all said and done. Antigone, the seemingly victimized woman, has the power to stand up for what she believesRead MoreEssay on Creon as the Tragic Hero of Sophocles Antigone997 Words à |à 4 PagesCreon as the Tragic Hero of Sophocles Antigone à à à à Who is the true tragic hero in Sophocles Antigone?à This question has been the subject of a great debate for numerous years.à Equal arguments exist that portray Antigone as the tragic heroine in the play and Creon as the tragic hero.à Aristotle, in his study of Greek drama entitled Poetics, provided the framework that determines the tragic hero of a work.à Though Antigone definitely possesses the characteristics and qualities thatRead MoreRelationship Between Antigone and Creon1355 Words à |à 6 PagesRelationship between Antigone and Creon Antigone is a play written by Sophocles. The genre of the play that Sophocles wrote was based on tragedy. It is one of the first plays that use tragedy. In the play a young girl named Antigone, stands up against her uncle Creon who is the king. She stands up for her rights, so that she can give a religious burial to Polynices. She was a girl with a lot of will power. This essay talks about the relationship between Antigone and Creon. This essay would containRead MoreThe Chorus Of Sophocles Antigone2400 Words à |à 10 Pagesauthor of Antigone, Sophocles had participated in one of these festivals and won the award for his performance. He did not become known as one of the greatest playwrights then. Only now is he thought of as one of the greatest playwrights during the greek era. The point of this paper is to show how the chorus in Greek Theater tragedy performances affect the way the play Antigone is performed. Through the use of mask, staging, and speech, Sophocles best distinguishes the chorus. Sophocles most famous
Tuesday, December 17, 2019
The Effects Of Language On The Development Of A Child
The acquisition of language is essential to the development of a child. Though some children are born genetically mutated, specifically children with Downââ¬â¢s syndrome, the capabilities of acquiring language during developmental markers is far less than a child with just 21 chromosomes. Parents and/or guardians of infants and toddlers with Downââ¬â¢s syndrome believe that their child will one day be able to verbally communicate with them. They presume the possibility, but does research support their beliefs? For the purpose of this paper, the child from infancy through three-years old will be discussed in regards to the developmental domain that are affected by Downââ¬â¢s syndrome. The undeniable assumption is if an institution provides early intervention for an infant or toddler with Downââ¬â¢s syndrome, then that childââ¬â¢s social-emotional and language will be affected. About 80% of individuals with Down syndrome have moderate intellectual disability, although so me have severe intellectual disability and others have IQ scores in the average range (Pueschel, 1995; Roizen, 2007). The first of two developmental domains that are affected by Downââ¬â¢s syndrome is a childââ¬â¢s cognitive development. According to Piaget, the leading view of cognition in young children was that it was constructed through interactions with their environment. This approach held up for several decades until a few theorists who derived from Vygotskian methods challenged Piaget and established that young children buildShow MoreRelatedIs Entertainment Technology Beneficial?902 Words à |à 4 Pageshas a negative side effect to the conveniences of it. These negative outcomes have disrupted the agenda for youth as well as children and infants. ââ¬Å"It takes two full years for a baby s brain to develop to the point where the symbols on the screen come to represent their equivalents in the real worldâ⬠(Healthy Children). Exposure to entertainment technology from the ageââ¬â¢s birth to two years of age has negative effects. These effects include delayed cognitive development, language, social emotionalRead MoreFactors that Promote Rapid Language Learning in Children?1406 Words à |à 6 Pages(1972), language acquisition is one of the exclusive characteristics of human beings and is known as the jewel in the crown of cognition (Pinker, 1994). It is well known that other species on earth have communication system also, but differ substantially in their qualities from human communication. Several attempts have been made to teach apes to speak (Allen Gardner, 1969; Savage-Rumbaugh, Sevcik, Hopkins, 1988), but language acquisition is a mystery of human beings, it starts before a child is bornRead MoreChildrenââ¬â¢s Speech, Language, and Communication1750 Words à |à 7 PagesSupport childrenââ¬â¢s speech, language and communication Explanation of speech, language, communication and speech, language and communication needs 1.1 Children and adults use speech, language and communication to interact with others, to help them explore the environment, to make sense of everyday experiences, access information and understand concepts, as well as organise thoughts and formulate ideas and to help them express their own feelings and to understand the feelings of others (ChildrenRead MoreEarly Childhood : Childhood Development1494 Words à |à 6 Pageschildhood development Early childhood is the the time period when a child opens his eyes in the world and it continues upto the age of 8 years old (Masten et al. ââ¬Å"NAME OF ARTICLEâ⬠)This is really the time in which the brain of the child starts growing and basis for the subsequences of development. Early childhood period starts at home the very first stages of life. Parents have a great role in childhood development. Then the second factor or place which has great effects on childhood development is theRead MoreLanguage Development Is Vital For A Child s Life Essay1712 Words à |à 7 PagesIntroduction Language development is vital to a child s life. It can come in various ways; expressions, body language, visual and spoken. Language is diverse with many different types and sub-dialects and forever developing through the ages. To a child, language is divided into two different categories; the early stages and the later stages. The early stages consist of a child s life from zero to five in which they may not attend full-time schooling but their language is still being developed byRead More The Effects of Bilingualism on Language Development Essay1297 Words à |à 6 PagesThe effects of bilingualism on language development in children are examined. Theories suggest that bilingual children are able to learn a second language after the first is mastered. One of the reasons behind this is that the child has already developed the nonverbal concept of the word (because the child is already using it in the primary language), so only the verbal concept must be constructed. It has been shown that balanced bilinguals are more cognitively and linguistically flexible. HoweverRead MoreThe Importance of Speech, Language, and Communication1007 Words à |à 5 Pages[EYMP 5.1] Understand the importance of speech, language and communication for childrenââ¬â¢s overall development. 1.1 Explain each of the terms: 1.1a Speech The word speech when used in relation to children and young peopleââ¬â¢s development literally means the act of speaking, verbal communication, or to express thoughts, feelings, or ideas. 1.1b Language The term language refers to an understood, systematic arrangement of signs, symbols and gestures used to communicate. 1.1c Communication Read MoreThe Effects Of Home Environment On Children1468 Words à |à 6 Pagesuse of child daycare has been debated endlessly. It has become hard to determine how it may aid in the development of a childââ¬â¢s cognition or if it hurts it instead. This is partly because of the wide variety of types of child care and the opportunities that are given to young children. Fortunately, measures have been created to help standardize what a daycare does and how it is run. In this paper, several studies are assessed and the criteria that daycares are held to are evaluated. The effect of homeRead MoreThe First Type Of Communication1348 Words à |à 6 Pagesvariety of speech sounds like oooooooh, eeeeeeeeh, and aaaah. These are sometimes produced accidently. The infant is not born to intentionally produce sounds. The infant when practicing can eventually can produce the speech sounds of their native language, but they have reinforcement to accomplish this. Infants began t o babble at 3-6 months. This is a response to sounds heard by other people. Listening to people communicate vocally will encourage the infant to reciprocate and be vocal on their ownRead MoreMethods Of Observation As Directed By The Teacher1434 Words à |à 6 Pageslessons or in the playground. Observations and assessments should cover all relevant aspects of pupilà ¢Ã¢â ¬TMs development including physical skills, language and communication skills. Your observation and assessments must always be in line with the school policy for record keeping, as well as observing a childà ¢Ã¢â ¬TMs development you also need to help the teacher assess the childà ¢Ã¢â ¬TMs development based on your findings and other reliable information. You must be able to make formative and summative assessments
Sunday, December 8, 2019
Five Stages of Team Development-Free-Samples-Myassignmenthelp.com
Question: Discuss about the Five Stages of Team Development Suggested by TUCKMAN. Answer: Introduction Team building is a group of people working for a single thing with cooperation with each other and moving to achieve some success. However, during the process, the team undergoes various stages and they are expected to cross those stages successfully in order to achieve their goals (Raes et. al. 2015).The paper discusses about the TUCKMAN stages of team development to evaluate the stages the team worked through these stages while preparing the report. Further, it illustrates on the three professional objectives of the group such as the time management, effective communication building with the audience and successful interaction within the group. Further, it shows the use of these objectives in our group activity. TUCKMAN Report Team is not a static phenomenon, as it needs to pass through various stages of self-development as well as team development. The members of the team need to learn continuously in order to operate effectively within the changing environment. Each stages of team development process in crucial and interlinked with one another. The members of the team moves from one stage to another and on completion get to know their skills and areas they are lacking. TUCKMAN has suggested five stages of team making process such as forming, storming, norming, performing and adjourning. Each of these stages is important as one wants to the team to develop through the period. This also helps to know the way the team has helped in dealing with the challenges, problems and found the solution to deliver effective results (Scherrer et. al. 2016). The development of a team or a group is a natural phenomenon and applies to all cultures and environment. Human beings desire to form a group while undertaking any activity so that they can develop solutions easily to cope up with the challenges faced by the team or any individual in the team. Group processes are based on values offering stages of group progress through which each member can develop their functioning in a group (Humphrey and Aime 2014). The five stages suggested by TUCKMAN group development model are discussed below: Forming The initial stage of group development is forming that is features as relying. Here the members of the group depend on their leaders for suggestions and direction. The members of the group seek the choice of the group leader to accept them in the team in order to work successfully. After the group formation, the members try to keep the rules of the team simple and acceptable. It is the stage where the team meets to discuss about the task they are going to deal with and the goals of doing it. In this stage the team members work in together to form the task and try to show their best behavior and capability. However, they are too focused on their individual needs and benefits. The matured members tend to succeed faster on behavior motive than the less matured members. Further, there the surroundings of the place where the meeting takes pace also affects the team members behavior. The surrounding of the meeting environment also alters the actions of the team members and plays an importa nt role in this initial phase of team building. If the environment is too friendly and easily adaptable then the team members will easily gel up with each other. Finally, the team needs to decide the task they will do to move to next stage and avoid conflicts regarding any topic (Betts and Healy 2015). Storming It is a stage after the formation of the group and decision of the group members actions. In this stage, the team member after analyzing the behavior of their fellow mates can raise their voice if someone is trying to dominate or escapes from doing a task. They can also question the decision taken by the team leader without consulting the other members. This stage requires the team to solve all types of problems and disagreements they are facing in their group in order to move successfully with their goals and topic. However, in this stage it is also realize that there is a scope of reentering in case there are some clashes arising in the later stages of team building. On the other hand, there are also cases where the teams are so supportive that they directly jumps from stage one to stage two. Thus, this shows that the effect and duration of the storming stage varies from one group to another. The team must first analyze the tolerance level of their members to question them in the s torming stage as teams that lack patience fail to succeed in future. Thus, in the end of this phase each member will be able to understand each other and participate in the teamwork more comfortably (Woodcock 2017). Norming The next phase where the team enters after crossing the storming stage successfully is the norming stage. This stage displays the spirit of the team to work together after solving all the clashes. Coming to this stage is only possible if each member of the team realize the importance of competition that it might face in order to succeed unexpectedly (Heinz, K., 2014). Thus, this stage makes it visible the efforts that the team is putting to achieve their goals and the ambitious motive they hold. The realization of the amount of competition from other teams makes them tolerate everything and work with zeal to succeed. Moreover, this stage is witnessed by a free flow of data in the group without any hindrances. There is a feeling of openness and sharing between group members as they work for the betterment of the team as a whole. However, this phase is also backed up by the sense of fear of untying among the group members (Putnam 2014). Thus, this might stop them from taking up any cha nges. Performing This stage is the fourth stage that a team might gain after crossing the other three stages successfully. It is seen that if the team is able to reach this stage then they there is a strong bond in the team and they were able to resolve all kinds of clashes. In this stage, teams are interdependent on each other for all their activities and prefer taking each others view before pursuing with a task (Yang 2014). Along with this, they also support each others view and this enables them to move faster with the team task. Thus, this shows that this stage helps in the development of personal relationships along with effective problem solving capabilities. The people are now become more leaned towards task and people of the team. There is an evident development of unity in the team with high group identity, moral and loyalty. Group moral and loyalty is one positive factor embedded in team that allows the team to perform better and stand out from other competing teams. Thus, it is seen that stage four allows the members to show their performance on the task with the team spirit that they have developed while crossing the other stages. Adjourning: A team achieves this final stage after successful completion of other stages. The final stage adjourning is the time when the team separates after completion of task. This is the time when all the team members separate themselves from the task behavior and from any kind of relationships with the task members. This is the concluding stage as all the activities get over after performing the task. However, it might lead to some apprehension about the group or the task. It is also a regression stage where there is termination of group control as well as group inclusion. Thus, it is the finalize stage where all the work related to the task is completed and the group members departs from the group and their responsibility. This stage is also not approachable easily by a group as they need to cross the first three phase successfully and perform the task effectively to reach to the final stage. However, it might happen that the group, which fails to achieve stage 3 directly, separates from t heir teammates and comes to stage five of adjourning (Griffith and Yombo 2015). Thus, from the above discussion it is seen that the five stages group development model suggested by TUCKMAN is very effective in evaluating the stages of growth in a team. Professional Objectives Report Manage the use of time and other resources to complete project IDEAS CONNECTIONS EXTENSIONS Identifying the goals At first our team identified the goals that we wanted to make a boat, a flag, a logo in our social club. We designed out the time for each task with the help of a timeline. Our aim was to submit the task in time without missing any credentials of the work. This required us to deal with unexpected circumstances by dividing the team members with certain individual duties. Some of the members were assigned with the boat task, while others were with logo and flag. Identification of individual needs Then our team planned the task for the boat building and other activities one by one and organized a meeting to allot the work among the team members according to their skills and needs. Team members were advised to come prepared for the meeting with all the necessary equipments such as the chart papers for making the things and the layout of the boat, flag and logo. The task was divided among the members according to their skills that helped in personal development as well. This in turn proved to be a positive point for the team and the task as everyone got the task in which they excelled. Preparation for project completion After the completion of the meeting we planned out the resources to be used in the team work among memebre which offered the best design for particular things and incorporated them effectively within a structured timeline. This was done for successful completion of the task. All the members of the team participated in the discussions effectively in order to move according to the timeline that was prepared. Identification of available resources However, the prepared timeline has some loopholes as we failed to incorporate certain events such as the break time, uncertain circumstances. These tasks were incorporated later as these events might have interrupted the task. Multiple task was balanced according to the needs and important which helped us tom compete with the time needs. Reallocate resources when necessary and adjust the time After the formulation of the timeline, our team move forward with the task of building and met with certain constraints such as some people fell sick, while some was unable to do the task nicely in the initial period. These constraints were sorted immediately before we proceeded with the work. Our team was able to manage the time affectively by systematic management within the team. Table 1: Time management for boat, flag and logo building and social club Source: (Taylan et. al. 2014, Maier, and Branzei 2014) Communicate clearly and concisely with the audience It is vital to develop a proper idea, build connection and extension with the audience. Identifying the needs of the audience is the most fundamental element in communicating with them. It is necessary to consider the requirements and needs of the audience in achieving the optimal effect. Interaction with the help of various presentation formats also helps in building connection with the audience. It is important to adapt the existing presentation styles to fulfill the needs of the new audience. Using proper vocabulary and the terms appropriately and correctly will also help us to develop good relationship with the audience. Simple and lucid language must be used while communicating with the audience so that it becomes easy for them to understand the basis of their interaction i.e. building a boat, social activities, making a logo and joining the social club (Stock Mahoney and Carney 2013). It is necessary to adapt a particular style, vocabulary and tone while communicating with the new targeted audience for joining the social club. One should not use jargons and it must be assumed that others understand the theme or the subject very easily. It is vital to select the best method in building the boat or making a logo so that they properly understand it. We also asked questions to the audience to check their level of understanding and also explain it in different ways if they failed to answer them. The audience must also be encouraged to exchange their views and ideas and sometimes even address the small and unpopular issues in an assertive way (Levi 2015). The most vital aspect of effective communication is to think before speaking out in the public. This will help to convey the idea concisely and it will also be easier for the audience to follow them. Providing correct and necessary supporting information while communicating with the audience is important in this aspect. By using varied social contexts with different expectations related to the communication st yle, it is important to stay focused on the particular topic and communicate with the audience. Thus, it is important to communicate in a strategic direction with the audience (Wood et. al. 2014) Creation of effective work relationship within the team Effective communication within the team members will help in the creation of healthy work relationship. It will be easier to communicate how we feel about the team or communicate the passion via open meetings. This is considered as one of the best approach of communicating with the team members. The team members shared their ideas and viewpoints in the open meetings and this helped in the successful implementation of the project such as making a logo, building the boat and engaging in various social activities. Moreover, the team members were also encouraged through formal and informal team activities in all these social activities. The leaders arranged team outings which encouraged the team members to feel a part of the team and thus develop a good relationship with the team mates. We also rewarded the team members who made excellent contribution in building the boat, making the logo or engaging themselves in varied social activities. It is also important to demonstrate to the team members that we are accountable to them by being responsible and reliable (Dyer and Dyer 2013). Each one of us should try to be a role model by doing the best possible work always and at all times. This will help in developing the trust among the team members. It is also vital to look at the positive side and recognize the team work. Moreover, it is also vital to listen to the team members what they say about others and the project in a non-judgmental manner. The most vital element that is important and essential while working in team is developing mutual respect within the members. Everyone in the team must be treated equally and this will help in maintaining proper relationship with others as well as help to complete these projects completely. Active listening skills must also be developed within the team members and this will help in the successful implementation in building the boat, engaging in various social activities or making a logo. Regular contact and communication with t he team members is important to maintain proper relationship (Miller 2015). Conclusion From the above discussion, it can be concluded that team building is not an easy task. Various types of problems and steps need to be dealt successfully in order to be an effective team. The team development model recommended by TUCMAN is very true in the real life teamwork. There are these five stages of forming, storming, norming, performing and adjourning which a team needs to cross in order to come up with the best task. However, a team also needs to manage the time of the work, maintain perfect team interaction and creation of affective work relationship. References Betts, S. and Healy, W., 2015. Having a Ball Catching on to Teamwork: An Experiential Learning Approach to Teaching the Phases of Group Development.Academy of Educational Leadership Journal,19(2), p.1. Dyer, W.G. and Dyer, J.H., 2013.Team building: Proven strategies for improving team performance. John Wiley Sons. Griffith, B. and Yombo, B.N., 2015. Keep the Momentum Going: A Project Managers Plan to Sustaining High Team Performance on Time-Sensitive Projects. Heinz, K., 2014. Multicultural team conflict management.Securitologia, (1 (19)), pp.117-128. Humphrey, S.E. and Aime, F., 2014. Team microdynamics: Toward an organizing approach to teamwork.Academy of Management Annals,8(1), pp.443-503. Levi, D., 2015.Group dynamics for teams. Sage Publications. Maier, E.R. and Branzei, O., 2014. On time and on budget: Harnessing creativity in large scale projects.International Journal of Project Management,32(7), pp.1123-1133. Miller, B.C., 2015.Quick team-building activities for busy managers: 50 exercises that get results in just 15 minutes. AMACOM Div American Mgmt Assn. Putnam, S.P., 2014.Management Styles in Relationship to Small Group Output: Let's Standardize Management Practices(Doctoral dissertation). Raes, E., Kyndt, E., Decuyper, S., Van den Bossche, P. and Dochy, F., 2015. An exploratory study of group development and team learning.Human Resource Development Quarterly,26(1), pp.5-30. Scherrer, J.L., Olco?, K., Butterfield, A.K. and Kebede, W., 2016. Bringing experiential educational groups to the United States: an analysis of group development in an international travel and study program.Social Work Education,35(6), pp.693-705. Stock, R., Mahoney, E. and Carney, P.A., 2013. Measuring team development in clinical care settings.Fam Med,45(10), pp.691-700. Taylan, O., Bafail, A.O., Abdulaal, R.M. and Kabli, M.R., 2014. Construction projects selection and risk assessment by fuzzy AHP and fuzzy TOPSIS methodologies.Applied Soft Computing,17, pp.105-116. Wood, M., Chen, P., Fu, K., Cagan, J. and Kotovsky, K., 2014. The role of design team interaction structure on individual and shared mental models. InDesign Computing and Cognition'12(pp. 209-226). Springer, Dordrecht. Woodcock, M., 2017.Team development manual. Routledge. Yang, I., 2014. What makes an effective team? The role of trust (dis) confirmation in team development.European Management Journal,32(6), pp.858-869.
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