Thursday, June 6, 2019
Urban trends in developing countries Essay Example for Free
Urban trends in developing countries EssayThe urban trends in the worlds poorest countries be in possession of recorded an impressive growth in the last few decades. As a continuous process, urbanization in many developing countries is attributed to a amount of factors. These include population growth, transformation of rural areas into small towns, poverty and unemployment, environmental degradation, lack of the basic infrastructure, increasing international immigration among others (Cohen, 2006, p 7). In Nairobi, the gravid city of Kenya, the history of urbanization dates back to the colonial era.Historical causes and factors like over population in the rural areas of the rude led to an increased mobility of muckle with an expectation of urban development. As well, increased trade which prospered some geographical areas of the country led to urbanization in Nairobi. Subsequently, the administrative and industrial centers were favored by colonialists thus giving rise to i mprovement of infrastructure that encouraged urbanization in Kenyas capital city (Baker, 1989, p. 53)In the social class 1948, the full number of urban centers in the country was 17 with over 100,000 people. However, both the number of urban centers and size of population significantly increased by the year 1979 to 91 centers. Nairobi, with its low agricultural activities accounted for nearly 17. 8% of the total urban population during this year (Baker, 1989 p. 56). Currently, the population has doubled since 1978. It is also projected that the population entrust increase by 77% within 2007-2050 (Yin Kent, 2008).Among the implications of urbanization in Nairobi which grows approximately by 10% each year include an increased poverty, famine of housing which has resulted to slums, inadequate transportation and infrastructure, water supply, increased danger of epidemic diseases, environmental degradation among others (NY, 1988).ReferenceBaker, J. (I989). Small Town Africa Studies in rural-urban interaction. (pp. 53-56). Nordic Africa Institute, 1990. Cohen, B. (2006). urbanisation in developing countries Current trends, future projections, and key challenges for sustainability.Retrieved October 25, 2008 from http//www7. nationalacademies. org/dbasse/Cities_Transformed_World_Technolo gyInSociety_Article. pdf. New York Times. (1988). Nairobi slum Urbanization as a cancer. Retrieved October 25, 2008 from http//query. nytimes. com/gst/fullpage. html? res=940DE7D71F38F93AA35755C0 A96E948260 Yin, S. Kent, M. (2008). Kenya The demographics of a country in turmoil. Retrieved October 25, 2008 from http//www. prb. org/Articles/2008/kenya. aspx
Wednesday, June 5, 2019
A Personal Development Plan of a student in the UK
A Personal using end of a student in the UKAfter successfully gained admission to study for my doctorial broadcast at Greenwich School of Management London (GSML) one of the recognised institutions in the United Kingdom (UK). I name set up a Personal ontogeny Plan (PDP) that get out improve my individualised and professional Skills which argon required in meeting musical arrangemental and my private goals. If the PDP is well implemented and well proctored it should help to improve and develop wise skills that leave behind tackle problems associated with my research topic, improve my communication skills and to arrive a well(p) value judgment, improve my leaders and managerial skills, and improve skills that pull up s invades meet future ch everyenges and enhance employment opportunities.When devicening my PDP, I all toldowed objectivity to prevail in assessing my skills which helps me to come up with clear ain skills audit and then developed a simplex pull through image. It also helps me to identify my true nature of scholarship dah. The PDP was reviewed on regular basis to reflect on my soulfulnessal tuition needs and then assessed the progress that I have achieved to date by sensvas it with order goals. The PDP was divided into three phases short, medium and long term goals so that I can easily evaluate the extent to which I develop my personal skills and achieved my goals.What is Personal Development Plan (PDP)?PDP is a process of musical composition a short clear end that sketches out a persons plan probably for a year in order to assess (strength and weakness), to develop skills that require growth and to evaluate progress in line with targeted goals. For PDP to be effective, it must meet personal outgrowth cycle state the purpose for development perform personal skills audit to identify the areas (skills) that need development formulate action at law plan that obscure the needed skills record and monitor all the activiti es involve and review and evaluate the progress in line with targeted goals.PERSONAL SKILLS AUDITPersonal skills audit is a process of sincere identification and evaluation of someones strengths, weaknesses and areas for development. The outcomes of my personal skills audit are stated belowComputer application skillsInformation seeking skillsCommunication skills (verbal and writing skills)Numerical and Analytical skillsSelecting and Training the necessary staffStress management skillsTeam knead skillsDecision taking skillsOrganisation managementAfter conducting the personal skills audit, I was fitted to recognise my strengths, weakness and areas that need more attention. I have decided to close the culture gap through critical action plan. The action plan grid below was designed purposely to get it on more about my skills and develop myself for future challenges that bequeath help me too in tackle problems associated with my doctoral studies and enhance my employment opportunity .ACTION PLAN-detailedSKILLS AREAI AM ABLE TO DO THIS VERY WELLI CAN DO IT BUT I NEED MORE TRAININGI AM NOT ABLE TO DO THISPRIORITY FOR THIS SKILL1=highly all-important(a)2= important3=not importantCOMPUTER APPLICATION SKILLSI go to bed how to use all computer applications to yield solutions to my research topic and organisational problemsI know how to use Network programme to pass necessary information to my colleagues and across all levelsI am able to use computer applications to capture the evoke of fellow researchers or work colleagues in an organisationI can use computer applications to stag my work unique and organise my work effectivelyINFORMATION SEEKING SKILLSI know how to find a specific material (journal or book) in the library by using electronic or on-line catalogueI know how to use various or variety of sources to find useful information (e.g. text book, journals, electronic resources, CD-ROMs)I know how to get information from people either through conversation or interviewI know how to evaluate and select the useful information from gather materialsCOMMUNICATION SKILLS-writing and verbal skillsI know how to analyse my research problems and determine what is expected to be doneI know the difference between organisational reports and progeny journalsI know how to make a written plan to answer my research questions and other related problems (including organisational problems)I know that I have the might and confident to express my views (or opinion) clearly both verbal and in written formI can adapt my writing styles to meet international outlet requirementsI know the importance of reference in research studies to avoid plagiarismI can speak confidently in front of audience or colleaguesI know how to prepare and deliver a presentation to capture the attention of the audienceI know how to use visual back up to enhance my presentationI encounter the principle of two slipway communication by listen to and appreciate the views of others SELECTING TRAINING THE NECESSARY STAFFI have a strategy for identifying and selecting staff that due for trainingI know how to use different training techniques for staff developmentI can make effective changes when training colleagues or staffI can make effective notes when listening and interviewing staff (e.g. during training assessment)I have a strategy of giving feedback recommendations to colleagues (team members) and organisationNUMERICAL ANALYTICAL SKILLSI am able to make simple calculations without assistance from othersI know how to present and check numeral material to form useful information that allow capture the mind of the audienceI know how to use a variety of numerical and statistical techniques (e.g. fractions, decimals, charts, regression) to solve problemsI know how to present and analyse information in graphs and illustrations without assistance from othersSTRESS MANAGEMENTI know what causes stress to my colleagues and II am aware of my personal and colleague s symptoms of stressI can use strategies to help me cope with my stressI am able to understand the concept of Emotional CompetenceI am able to agree it to assist my team in solving pressure at workTEAMWORK SKILLSI am able to / I can lead a teamI participate well as a member of a chemical group or teamI am able to listen and appreciate the views of othersI enjoy group work so that we can share my tariff/task among usI al slipway/I am able to make significant contribution in group work to achieve organisational targets/objectivesdecisiveness MAKING SKILLSI can easily look around the business environment and recognize the issues that need attention or tap resources availableI am able to assess changes /situations to know if I have chosen the appropriate strategy to solve problemI can decide without preconceived opinion who need to be brought into the decision makingI am able to handle differences in opinion especially on sensitive issueI can solve work related problem over a specif ic timeThe team and I impart be able to monitor the decision making process and the feedback from peopleI am favourable in decision takingORGANIZATION OF LEARNINGI have strategies that will help me to plan, manage my colleagues and timeI am able to work and achieve my goals to deadlinesI am aware of what makes my person organization skills more effectiveMy Learning StyleThe Personal Development Plan has helped me to realize my acquisition style and how to exploit my potentials. Many Educationists realized that we learn in different ways and we are able to assimilate information and respond to training group on our training style. One widely acceptable categorization of different learning styles is that provided by Honey and Mumford which identify four different characters with quite different pet learning styles the Activist, the Pragmatist, the Reflector and the Theorist. Diagnostic tests exist to establish which learning style is most appropriate for us and to help us develo p an action plan to develop our learning skills.After passing through the four learning style tests, I realized that I am pragmatic in nature-Pragmatist but also have some instinct of Activist in my greet to life. Definitions and descriptors of the Pragmatist were stated belowDefinitionDescriptorsPragmatistA pragmatist is a practical person who analogouss to solve problems. They enjoy experimenting to improve techniques. They frequently come up with the answer to a problem. Their only interest in theories is to be seen if they work in practice. They abominate situations where there is no clear, practical come.Pragmatists learn well whenThey are expected to make practical decisionsTimescales are tightThey must (quickly) find better ways to do thingsLearning from proven good practiceLearning from examples and the expertise of othersThey are expected to plan the next step.Pragmatists will particularly benefitfrom training which involves simulations and flake studies.Pragmatists lea rn less well whenThey are expected to come up with new ideas themselvesThe practical relevance of what they are doing is unclearThey are expected to work out why a technique works (i.e. reflect on it)A Pragmatistsis constantly searching for the most efficient way to open a package. Whilst opening their presents they will enjoy experimenting with different methods of unwrapping.After critical personal development plan with objectivity, I have able to understand my nature flop and which helps me to know my learning style. I have used outcomes of these personal development plan and critical analysis on learning style to utilise all available resources within my environment and also set up a monitor techniques for the following reasons that will help me to update myself, help me to meet target (target goals and date), monitor my progress and use as a scale for measuring the efficient use of available resources.Conclusion, the impact of learning styles on personal development can be vi ewed as follows aptitude to identify personal goals, ability to make good judgement on our strengths and weaknesses for development, ability to be conscious of opportunities and little terror within our environment, ability to plan for personal development, ability to help others to recognise their potentials, ability to accelerate your learning as you undertake activities that best fit your preferred style and helps to avoid repeating mistakes by undertaking activities that strengthen other styles. With this action plan grid, I will be able to develop myself for multitasking jobs and be effective in my role.My Personal Development Plan (PDP)Short-Term Personal Development PlanIt is a short-term personal development plan because it covers plan and goals that can be achieved within one year or less. This is my short-term plan and objectivesTo acquire good leadership skills trainingTo acquire more communication skills training (both writing and verbal)To acquire good team relationsh ip within the organisationTo develop good decision-making skillsTarget completion from August 30, 2008 to June 30, 2009In short-term plan, I will move back to Ireland to continue working for Lidl Ireland GmbH and then apply for Internal Vacancy Opportunity (Supervisor) that encourages staff to move up within the organisation. My MBA degree will open many chances within the organisation. I will like to start from Supervising but my target is breed Manager. Within this period as a Supervisor in my Store, I will use all avenues to acquire the above listed skills which are very easy to achieve because of my new role in the stores.As a supervisor, I will be go to variety of leadership trainings which will help me to acquire good leadership skills for myself and also useful to the organisation because I will be able to take over out my duty effectively. This new role will help me to improve in my communication skills (both in writing and verbal skills). As a supervisor, I will be writi ng reports on daily activities during work shift and also improve my verbal communication skills because the position will give me untold opportunity to communicate with many people (colleagues and customers). Supervising role will help me to acquire good team relationship skills and ability to make good decisions.At the end of June 30, 2009, I should be able to meet all my targets and then evaluate the skills acquired if it meets the expected level.Medium-Term Personal Development PlanThis plan is to unite on my previous objectives and achievements. It will serves as roll over which cover the gap in short-term success after critical skills audit. The medium-term personal development plan focus more on professional skills and it includes the followings energy to support othersAbility to inspire and motivate staff/colleaguesAbility to delegate responsibilities and monitor itAbility to analyse information and make good decision and recommendationAbility to write reportsWithin this s tage of my plan, I should be able to apply for Store Manager Position in one of the stores own by Lidl Group after a critical personal skills audit. I should be able to bring out that I am competent to Stand Out at assessment centre and display a good leadership skills. My qualifications and experience and training acquired during my MBA programme will contribute to my success. At the end of this stage, I should be able to demonstrate all the abilities mentioned above (including the short-term development plan).The issue of Work concede will be solved at the stage because the Company will be willing to retain me base on the experience have acquired. Lidl will not like to lose any of their staff that has been added as a part of their Assets. The position of Store Manager also provides opportunity for me to earn up to salary that is required as a prerequisite to Work Permit.Target completion Dec 31, 2011 (this include the short-term development plan)Long-Term Personal Development Pl anSince my long-term development plan is to be a Store Manager which will give the opportunity to achieve the ultimate goals of becoming the regulate Manager. Before the end of 2013 all the goals/objectives must be accomplished without any detriment to organisational goals. I must be able to achieve the followingsDisplay leadership skills that will be helpful in motivating, leading and supporting colleagues.Apply good communication skills that enhance decision making, analysing situation and problem, and writing reports for the organisation that provide constructive feedback on ideas to team and individual.Display skills that develop trust and confidence in the mind of people and help me to handle many responsibilities.I will make sure that all these goals are review annually with objective mind and check if each goal has been achieved at the expected (target completion) date. It will take four years to accomplish these tasks without becoming too overwhelming or distant. I drafted this PDP to be useful as a career plan so that I can use it as a process for carrying out an in-year assessment of my strengths, weaknesses, and development needs.Habits that need to be value for Future PurposeI have developed some useful habits that will be useful to my future learning which are clearly spelled out and they are very simple to be inculcated into my day to day activities to achieve best results in all my endeavors. These following habits were developedUse training activities constructively. After each training course, I will try to note answers to the following questionsWhat did I learn?What skills were gained?What will I do differently as a result of this learning?When will I have an opportunity to practice these new skills or put my new knowledge into practice?Keep a Reflective Diary. This diary will help me to think about my experiences and feelings as I try to develop and put new skills into practice. It will help me to produce evidence of new skills and approach es at work. This diary shows absolute ripe of how I feel.Maintain a portfolio. I will keep all copies of any records that identify my development activities and achievement such(prenominal) as certificate s from courses attended any email or notes from colleagues who demonstrate my skills in relevant areas, and my personal development plan.Conclusion, my Personal Development Plan was designed in a way that it is simple, specific, measurable, achievable, realistic and timely target. The PDP can be meaningful if objectivity takes its course. I have tried to be honest in my PDP not to be overwhelmed with unrealistic target but with determination, commitment and prayer all these goals can be achieved. In order for this plan to useful, it will be reviewed frequently to meet present and future needs, and monitoring mechanism was in place.My Learning StyleThe Personal Development Plan has helped me to realize my learning style and how to exploit my potentials. Many Educationists realized that we learn in different ways and we are able to assimilate information and respond to training base on our learning style. One widely acceptable categorization of different learning styles is that provided by Honey and Mumford which identify four different characters with quite different preferred learning styles the Activist, the Pragmatist, the Reflector and the Theorist. Diagnostic tests exist to establish which learning style is most appropriate for us and to help us develop an action plan to develop our learning skills.After passing through the four learning style tests, I realized that I am pragmatic in nature-Pragmatist but also have some instinct of Activist in my approach to life. Definitions and descriptors of the Pragmatist were stated belowDefinitionDescriptorsPragmatistA pragmatist is a practical person who likes to solve problems. They enjoy experimenting to improve techniques. They frequently come up with the answer to a problem. Their only interest in theories is to be seen if they work in practice. They dislike situations where there is no clear, practical come.Pragmatists learn well whenThey are expected to make practical decisionsTimescales are tightThey must (quickly) find better ways to do thingsLearning from proven good practiceLearning from examples and the expertise of othersThey are expected to plan the next step.Pragmatists will particularly benefitfrom training which involves simulations and case studies.Pragmatists learn less well whenThey are expected to come up with new ideas themselvesThe practical relevance of what they are doing is unclearThey are expected to work out why a technique works (i.e. reflect on it)A Pragmatistsis constantly searching for the most efficient way to open a package. Whilst opening their presents they will enjoy experimenting with different methods of unwrapping.After critical personal development plan with objectivity, I have able to understand my nature properly and which helps me to know my learnin g style. I have used outcomes of these personal development plan and critical analysis on learning style to utilise all available resources within my environment and also set up a monitoring techniques for the following reasons that will help me to update myself, help me to meet target (target goals and date), monitor my progress and use as a scale for measuring the efficient use of available resources.Conclusion, the impact of learning styles on personal development can be viewed as follows ability to identify personal goals, ability to make good judgement on our strengths and weaknesses for development, ability to be conscious of opportunities and threat within our environment, ability to plan for personal development, ability to help others to recognise their potentials, ability to accelerate your learning as you undertake activities that best fit your preferred style and helps to avoid repeating mistakes by undertaking activities that strengthen other styles. With this action pl an grid, I will be able to develop myself for multitasking jobs and be effective in my role.
Tuesday, June 4, 2019
Promissory estoppel is now a mature doctrine
Promissory estoppel is now a mature teachingPromissory estoppel is now a mature doctrine. Its role is to mitigate some of the bad weather of the doctrine of amity by protecting those who reasonably rely on promises. Its full potential stand besides be reached if the court permits its use non merely as a shield, simply as a sword, where appropriate. The decision of the lawcourt of Appeal in Baird Textile Holdings Ltd v Marks and Spencer plc 2001 thitherfore represents a missed opportunity to clarify and modernise the law.Promissory estoppel is an important tool in uprightness to create fairness within pack together law. It deals specifically with rumination, which as a doctrine holds the partitionies that view as entered into a take aim to which they both intend to be bound. Therefore the parties must have the capacity to be bound to the nip as well as the intention to be bound by the contract. There must be a value to amount to consideration, which does not ineluctabl y have to be monetary1. Consideration can be a right, interest, service, benefit to one party and sufficient detriment to the other party. 2 Consideration does not have to be equal on both sides one party may only leave a nominal amount of consideration3 As long as there is sufficient intention and the terms are not vague then the law will not get involved in line of descent organization dealings therefore the courts will infer intention4 as long as the consideration for that particular business dealing illustrates that there is sufficient consideration.5 Insufficient consideration is any act where the responsibility is already imposed by law or a valid contractual duty. However, there are exceptions to the rules, because consideration at times can be deemed as far too harsh.The movement of Williams v Roffey Bros6 held that consideration could be inferred in a pre-existing contractual duty if there was further consideration that could be inferred. For example this case recognize d that the contractor would be subject to a significant late charge, if he did not re-negotiate his contract with the subcontractor to finish on time. Therefore the renegotiation of the pre-existing duty saved the contractor a loss of money, which the courts held as sufficient consideration. However, in the case of stipendiary a partial debt there can never be consideration. The rule in Pinnels Case7 was confirmed in the case of Foakes v Beer8 where it was held that part fee of a debt could be held as consideration because there was an existing contractual duty. The rule in Pinnels Case is that promissory estoppel is an invalid action when it comes to the part payment of debt, unless it is paid in full and benefits both parties. The reasoning behind this is that part payment of debt is inequitable because the person who is supposed to benefit from the consideration is put up at a detriment and therefore defeats on of the central tenants of consideration, which one party is at a sufficient benefit whilst the other party is at a sufficient detriment. There are circumstances where promissory estoppel is possible in regards to a reduced payment of a price or fee. The case of Central London Property Trust v High Trees House Ltd9 is such a case, because the political and social environment was drastically changed. The cardinal parties where a property sustainer and a business tenant, who then leased the property as flats to other individuals residentially. An agreed business occupation price came into question during WWII, because of the bombings in London the situation make it impossible for the renter to pay the whole rent due to the bombing and lack of tenants. Here equity stepped and promissory estoppel was utilise, because it would be unfair to make the renter pay the whole rental amount due to the circumstances. In addition the agreement by the property owner to arrogate less due to the WWII inferred intention, because otherwise the landlord would re ceive no rent because the renter would have vacated the premises and no other businesses would have taken up the tenancy during the war. This is a very specific scenario, where WWII could have amounted to frustration of the contract, because the war would have made it impossible for the renter to satisfy the contract and an act of war is orthogonal his ambit of control. After the High Trees case the courts extended the doctrine of promissory estoppel in the case partial full partial payment of a debt further if it were revealed that the re-negotiation was due was an action of duress that forced the creditor to agree to the new credit agreement then equity could not step in with the doctrine of promissory estoppel. One such case that illustrates that equity will only aid those with clean hands is the case of D C Builders v Rees10 where Rees discerned that the building bon ton was in financial distress and tried to use this to her advantage by offering a smaller payment in full or nothing. This amounted to duress, because the association that Rees had of the problems that D C Builders were facing was used as a sword against a fair and equitable knocked out(p)come. The intoxicate itemor that surrounds the doctrine of Promissory Estoppel is that it originates out of equity and aims to create a just outcome, as in the High Trees Case. In the case of D C Builders the use of Promissory Estoppel was for unjust purposes and equity could not aid Rees, because an injustice would occur.High Trees is the case that the modern doctrine of Promissory Estoppel has developed from however it was the Hughes Case that the doctrine originated from, where a landlords actions gave the tenant contrary belief in the events surrounding a notice to repair. animate being Metal Manufacturing Co Ltd v Tungsten Electric Co Ltd11 case allows for shift of payment to be reverted back to active payment as long as reasonable notice is given. This also means with the reasonable notice that the creditor can also receive compensation for the suspended payments therefore ensuring that there is not a case of part payment of debt, because the interest can keep running. The only exception to this is an agreement of an early settlement, with a lump sum that is considered reasonable by both parties.The Tool Metal Case and the Hughes Case portend to the doctrine of promissory estoppel being a shield and not a sword of equitable justice, because it believes that consideration plays an essential part of contract law. To eradicate the harshness of consideration may allow individual like Rees in the D C Builders Case to use Promissory Estoppel for unfair and unjust purposes. However, the High Trees Case that is the key case for the modern doctrine of Promissory Estoppel seems to be pointing in a different direction, i.e. that the doctrine is a sword against the harshness of consideration. In this case WWII made it impossible for the original contract to be kept to, hence t he parties re-negotiated during this period. The case of Coombe v Coombe12 argued that the doctrine in High Trees could not be identified as a sword against the doctrine of consideration rather it can only be used as a defense to an action and in the interests of justice. The cases of Re Wyven Developments13 and Evenden v Guildford City AFC14 argued that Coombe v Coombe was incorrect and that the doctrine of Promissory Estoppel could be used as a sword as well as a shield if justice and equity dictated.The Coombe approach makes sense by ensuring that the rules surrounding contract law are upheld and ensuring that certainty in contracts remain otherwise there would be a mass confusion where courts could get too involved in business contracts. English law is base on a laissez faire system, where business dealings should be free from the ministrations of parliament and the courts as long as just and both parties were capable to enter the contract. As Mitchell argues, parties enter a c ontract with specific expectations and to turn these upside down would be a breach a fundamental principle of contract lawWhile we could dismiss this as assimilating reasonable expectation with contractual rights, and therefore making the appeal to reasonable expectation redundant, it is clear that many appeals to reasonable expectation rely upon an institutional or contract law-based source for such expectations. Reiter and Swan, for example, write that &aposthe assumption is that the fundamental purpose of contract law is the protection and promotion of expectations reasonably created by contract&apos. If &aposcontract&apos here is taken in a legal, rather than a social sense, then the utility of reasonable expectations as a counter-contractual reference point is in danger of disappearing.15Therefore in the light of the essential principles of contract law and the doctrine of consideration the decision of Baird v MS16 would have been the correct decision, otherwise there would be a free for all for parties to argue that the contract is unjust and flagrant actions of Promissory Estoppel would occur. However, Promissory Estoppel would still remain as a defense in cases where the situation dictated that there would be an unjust outcome if the contract was upheld in its present form. The case of Baird v M S, Baird used Promissory Estoppel as an action to enforce what Baird classed as an unwritten contract. In other words Baird was arguing that the long term relationship between the two created a reasonable expectation that there was an ongoing business relationship, which could only be altered or terminated with reasonable notice as per the Tool Metal Case. The Court of Appeal however decided against this approach, because the reason that M S did not enter a written contractual agreement was for tractability and the option of changing suppliers if market forces dictated this route. Also the Court of Appeal stated that the lack of a (legal) contract was determ inative for the court. The estoppel claim was also melodic theme likely to fail, since estoppel cannot be used to create a cause of action. It was remarked that, despite the close relationship between the parties, &aposbusinessmen must be taken to be aware that, without specific contractual protection, their business may suffer in consequence.17 However, this argument seems to be very one-sided, because as with the High Trees Case the situation in Baird v M S does indicate that there was intention to create some form of business and contractual relationship that benefited both parties. In fact the long history of Baird supplying the goods could be inferred as terms and conditions of the contract however the lack of a written contract seems to be an excuse for the Court of Appeal to open up Promissory Estoppel as an action as opposed to just a defense. Therefore, as Mitchell argues the decision in Baird v M S could be taken either way because both sides were arguing certainty of c ontracts and reasonable expectation however the determining factor not to call up a contract was because of public policy reasons NOT to make Promissory Estoppel a cause of action (a Sword) and open the floodgates to further actionsOne can see how a &aposreasonable expectations&apos argument can be used to support Baird or M S, but each relies on a different seat for the reasonable expectation. Baird will have non-contractual reasonable expectations concerning the parties&apos mutual obligations, based upon their experience of the previous thirty years. M S, on the other hand, have reasonable expectations based on their strict legal rights, and supported in the judgement, that there is no contract and hence the relationship can be terminated at will-an institutional interpretation of reasonable expectation This result does not support the attempt to make contract law more sensitive to the social dimension of agreement-making, but undermines it by privileging the legal framework in the resolution of the dispute.18BibliographyJ. Beatson (2002) Ansons Law of Contract 28th Edition, Oxford University PressHooley (1991) Consideration and Existing Duty JBL 19-35David Kelly, Ann Holmes Ruth Hayward (2002) phone line Law 4th Edition, CavendishEwan McIntyre, (2004) Business Law, LongmanMcKendrick, 2005, Contract law, text, cases and materials, second edition, Oxford University PressMitchell, 2003, Leading a Life of its own? The Roles of Reasonable Expectation in Contract Law, OJLS 23 639Stallworthy (1994) Case Comment Variation of Contracts, ICCR 5(7)Chris Turner (2004) Unlocking Contract Law, Hodder ArnoldFootnotes1 Currie v Misa (1875) LR 10 Ex 152 Combe v Combe (1951) 2 KB 2153 Chappell Co Ltd v come on Co Ltd (1960) AC 87 Mountford v Scott (1975)4 White v Bluett (1853) 23 LJ Ex 365 Collins v Godefroy (1831) 109 ER 10406 1991 1 QB 17 (1602) 5 Co Rep 117a8 (1884) 9 App Cas 6059 1947 KB 13010 1966 2 KB 61711 1955 1 WLR 76112 1951 2 KB 21513 1974 1 WLR 109714 197 5 QB 91715 Mitchell, 2003, Leading a Life of its own? The Roles of Reasonable Expectation in Contract Law, OJLS 23 63916 2001 unreported17 Mitchell, 2003, Leading a Life of its own? The Roles of Reasonable Expectation in Contract Law, OJLS 23 63918 Mitchell, 2003, Leading a Life of its own? The Roles of Reasonable Expectation in Contract Law, OJLS 23 639
Monday, June 3, 2019
Speed Cameras
swiftness CamerasSpeed CamerasIs it another(prenominal) con? Or is it another excuse? Or just another reason to exploit the most faithfulness abiding majority of drivers amongst us, where it was reported at the time, that we were already champion of the safest countries, in the world, to drive in.This great governments novel idea to introduce a urge on television camera a roadside pelt along camera designed to catch speeding vehicles by taking video footage or a photograph Wordpower Dictionary Was it another illustrious plan to gain public trust? What trust? Apply greater pressure on to our police to enforce this ridiculous money making scheme, and basically thats all it is, its a way of squeezing more money discover of the innocent motorist, when they should be out there catching real criminals ilk our corrupt politicians as a classic example.The Independent has indicated the countrys biggest force The Metropolitan Police has refused to put up more speed cameras, disrespect government fight back to do so. It argues that the annex of cameras would fuel public bitterness towards the police, in what could be seen as a getting even more money out of the motorist.Speed cameras are to be seen as nice little earners. In Northamptonshire, the cash for cameras scheme where the local police allowed allowed to keep the money from speeding fines brought about a major increase in convictions. In Essex alone, a single camera on the M11 raised just short of a million in a single week.Chief constables were undecided as to how the cameras should be displayed, a highly ranking officer of Norfolk police, wanted them to be bright and visible. That avoided the perception that they are foxily hidden away to increase police profits. However, it also had a flaw, because serial offenders will simply brake as they approached the camera, and then speed up at a time past detection.Richard Alleyne of the Guardian reported in the last year alone, the number of speeding ticket s has exceeded 1.5m for the first time, twice the number issued back in 1997 when New tire out first came to power. They accumulated 88m from motorists in one year alone and obligate since raked in 1 billion over the past decade. Average speed cameras have proved effective at persuading race to keep within the keeps though. Nearly 100 cameras were installed at road works mostly on motorways and accident downhearted spots, and according to data collected from five active camera sites, 99.4 per cent of drivers obey the speed limits. The numbers of motorists killed and seriously injured after the cameras had been installed has fallen considerably.thither are new cameras now and how they work are they link wirelessly to each other, are capable of tracking vehicles for up to 15 miles whichever route they decide amaze over a vast area. The cameras, which are named Specs3 are to be fitted at entry and exit points in built-up areas and on our busy roads. They are capable of interpret ing number plates which record the time as each car passes. Critics point out that even these new cameras will not deter motorists from indulging in short bursts of speed, because they will still average less than 20mph either when they stop at junctions, traffic lights or stuck in traffic. On main roads, the average speed cameras issue fewer tickets than conventional Gatso cameras, which measure speed over only a few yards, according to the manufacturers.Richard Alleyne also states that a representative for the Home piazza confirmed that these new first average speed cameras are to be placed in 20mph zones and that they have also passed laboratory tests for effectiveness, but they have in so far to be officially given the green light, which could be as early as 2010. The new time over distance devices are also seen as a way of dealing with the problem of motorists braking when they see a camera then accelerating once past it. They have already been used on our motorways where des pite catching far fewer speeders than traditional speed cameras, they have dramatically reduced casualties.These new cameras would be far more expensive, compared to the Gatso which are getting pushed out at 50k a device, in an area of London is one of the most profitable cameras which is located at the bottom of M11 motorway near Woodford, Essex which is alleged in raking in over 840k a week, creating extra revenue for the government, the one good thing that it has in its favour is that it has created more jobs as the demand for cameras have increase year-on year since the turn of the millennium.Speed Cameras are a really splendid idea when are strategically placed in build up areas more or less our schools and are placed within our hospitals areas, they are an ubiquitous sight on our motorways and our B roads, where the majority of cameras are not needed, they are situated there because they are areas that encourage us to speed if you dont keep up with the traffic it is also deem ed a criminal offense. How easy is it to creep over the speed limit unintentionally?Research from the Think Campaign indicates that a cut in speed to 20mph has a dramatic impact in making areas friendlier to cyclists and pedestrians. One in 40 pedestrians struck by a car at 20mph dies, compared with one in five at 30mph.Traffic managers throughout the country see them as a way of restoring calm to Britains neighbourhoods without resorting to intrusive calming devices such as those ridiculous road humps and chicanes which cause unnecessary damage to vehicles no matter what speed you go over them, even the slightest bump knocks out the tracking and the wheel balance which can cost a small fortune on realignment and tyres.A extensive decline in the number of road deaths was achieved between the years of 1983 and 1993, and they have been largely associated when they introduced front seatbelt wearing law mandatory back in 1983, on with making better-designed cars and having major redu ctions in drink driving fatalities. Factors likely to be responsible for the slowing rate of reduction between 1993 and 2003 include continued increases in traffic (up from 583 billion passenger kilometres 1993 to 634 billion passenger kilometres in 2002(2) sharp increases in motorcycle casualties (up from 427 in 1993(3) to 609 in 2002(4) a levelling-off of drink drive fatality numbers (up from 520 in 1993 to 560 in 2002(5) a decline in seatbelt-wearing and the increased use of mobile phones while driving. Another point in the decrease of deaths and accidents not attributed by speed was the introduction of the hazard and perception test back in 2003 (6) (Think) along with the theory questions prior to gaining your licence, making people more sensitive out on the roads.1. (2001). Readers center Word Power Dictionary. London Readers Digest. 942.2. DfT. 2003b. Transport statistics for nifty Britain 2002. DfT London. 3. DoT. 1994. Road Accidents Great Britain 1993. HMSO London.4. Na tional Statistics /DfT. 2003. Road Casualties Great Britain 2002 Annual Report. TSO London.5. ib.6. dft.gov.uk/thinkAnother interesting factor that contributed to these figures was the inexperience of drivers in the 17-25 year old bracket showing no respect to our authorities and the people around them thinking that the world owes them something driving like lunatics to impress their friends and the opposite sex that are travelling with them in the car, break neck speeds which would even have the blue(a) reaper laughing on their shoulders, crashing and causing deaths, resulting in mayhem on our roads and creating distress for the families of the victims. I know this because I used to be one of them, fortunately for me I grew out of this wild, childlike behaviour before I got caught, even worse killed. Many outsiders that are flooding this nation bringing their prominent driving habits with them, unleashing their inexperience on to our roads.A sound solution to this would be to i ncrease the age limit to apply for your provisional to 21, (which I believe is under review) where we can only hope that they are all that little bit more mature and realise how dangerous a vehicle can be. To do this would mean that the government would miss the extra revenue that is collected in taxes from the extortionate prices the insurance companies charge these youngsters.ConclusionSpeed cameras, are similar to speed limits, they play a useful role. The United Kingdom has fewer deaths on the road than most other countries in the world its because of tightly monitored limits. Especially at accident black spots, speed cameras can significantly reduce the number of road deaths. An argument can be raised for increasing the 70mph speed limit (and then strictly police the higher limit). In built-up areas, however, limits could be lower than they are now.Finally, we must remember that the importance of speed limits and cameras alike are to action peoples lives, and are not to be ab used as a government made up tax. Speed limits exist to encourage people to drive jolly speed cameras exist in order to remind drivers that they cannot break those limit. Success, however, is not when the police funds are significantly increased because so many people drive dangerously over the speed limit, but a speed-camera job is if more drivers can (at last) persuade to drive at safer speeds.BibliographyDoT. 1994. Road Accidents Great Britain 1993. HMSO London.(2001). Readers Digest Word Power Dictionary. London Readers Digest. 942.(2001). Speed cameras are for saving lives, not raising cash. gettable http//www.independent.co.uk/opinion/leading-articles/speed-cameras-are-for-saving-lives- not-raising-cash-664735.html. Last accessed 14 December 2009.DfT. 2003b. Transport statistics for Great Britain 2002. DfT London.(2003). The slower speeds Inititive. Available http//www.slower-speeds.org.uk/files/10myths031220.pdf. Last accessed 14 December 2009.National Statistics /DfT. 2003. Road Casualties Great Britain 2002 Annual Report. TSO London.Ibid.Richard Alleyne. (2009). Average speed cameras installed in neighbourhoods for the first time. Available http//www.telegraph.co.uk/science/6743003/Average-speed-cameras-installed-in-neighbourhoods-for-the-first-time.html. Last accessed 10 December 2009.(2009). Speed Urban. Available http//www.dft.gov.uk/think/focusareas/driving/speedurban?page=FAQwhoareyou_id=. Last accessed 14 December 2009Paul Maloy Argumentative turn up 1st draft
Sunday, June 2, 2019
SBS Leaving the ABC Unaccountable Essay -- Media
Introduction Whether the first rudiment broadcasts content sufficiently diverse to meet their original intent is widely debated among modern media scholars (Alexander 173). The creation of the SBS allowed the first principle to die hard unaccountable in terms of their original purpose to provide high quality, impartial and educational broadcasting for a culturally and linguistically diverse audience. It is detailed to understand the original purpose of the first principles creation, where and how the ABC failed to fulfill this purpose and how the SBS filled the niche left by the ABCs downfalls. An rating of the ABCs broadcast schedule for the first week of May 2012 will be included to provide current evidence for whether the ABC is fulfilling their purpose. ahead we can evaluate ABCs downfalls and why are in fact downfalls we must first understand what the original intent of establishing the ABC was. The ABCS Purpose The ABC is an independent statutory authority whose role and function is established in legislation (Australian Broadcasting Corporation, 1998). The legislation under which the ABC was establish is the Australian Broadcasting Corporation Act of 1983 also know as the ABC charter, it outlines broadcasting, program and service requirements that as a whole pop the question to provide a sense of bailiwick identity through high standards of diversified content (Austrain Broadcasting Corporation, 1983). Section 6 of the ABC Charter outlines that the ABC amongst other things must 1.provide within Australia innovative and comprehensive broadcasting services of a high standard,2.provide programs that contribute to a sense of national identity and inform and entertain, and reflect the cultural diversity of, the Australian community,3.prov... ...issues-bias-funding-sponsorship/is-the-abc-biased/abc-bias-verdict-from-the-government-appointedMinchin, N. (2012, April 29). Climate Change - What the ABC edited out. No Carbon Tax Climat Sceptics Blog .Mun sie, J. (2012). ACMAs Ruling on Kyle Sandilands Toothless Tiger or the Kitten Who Roared? Addisons Commercial Lawyers, Addisons Focus Papers. Addisons Commercial Lawyers.Nova, J. (2012, April 27). ABC Biased. Scientist Matthew England, outrageous error or dishonest? scratch Minchin owed an apology. Jo Nova .Reynolds, H. (2012, Feb 14). A very British summer on your ABC. Retrieved May 20, 2012, from Inside Story http//inside.org.au/a-very-british-summer-on-your-abc/SBS. (2009). Annual Report 2008-2009. Annual Report, SBS, Sydney.SECRC. (2011). Inquiry into recent ABC programming decisions. Senate Environment and Communications References Committee .
Saturday, June 1, 2019
Darkness and Evil in Shakespeares Macbeth :: GCSE English Literature Coursework
Darkness and Evil in Macbeth Darkness in our society is indicative of evil. For instance, a inexorable cat, a dark night, and a dark place are all symbolic of diablerie. Authors use these symbols to describe an evil character or mise en scene. William Shakespeare employs the imagery of tail in dissemble 4 of his play Macbeth to describe the agents of disorder. The witches, Macbeth, and Scotland are all describe as dark because they represent the agents of chaos. The witches in the first scene of Act 4 are depicted as agents of chaos because of the dark domain around them. The witches meet in a dark cave. The cave is an appropriate setting for the witches because caves tend to represent the under-world and hell, creating a feeling of evil. The witches appearance, secret, black, and midnight hags also indicates their evil nature. The witches dark meeting place and dark appearance all emphasize their destructive nature. Macbeth in Act 4 consulted with the witches, murdered Macd uffs family, and continued to create chaos in Scotland. Macbeth in Act 4 is described as an agent of disorder, untitled despot bloody-sceptered. The language in Act 1 that described Macbeth has changed from noble and kind to the diction of Act 4 witch describes Macbeth as black Macbeth and a despot. The Castle that Macbeth lives in, Dunsanine is also indicative of darkness. Dunsanine is similar to the word dungeon a dark and dirty place. In Act 4 Macbeth is an agent of disorder, he murders and he consults witches, because of this he is described using dark imagery. Scotland under the rule of Macbeth is described as, shrouded in darkness, by Malcolm. Scotland in Act 4 has fallen forth the Chain of Being and is now occupied with the forces of chaos and disorder. Scotland in Act 4 is filled with sighs, and groans, and shrieks, that rent the air. Scotland is described by Ross as, O rural area Miserable. All these descriptions of Scotland portray Scotland as a place where the agen ts of darkness have shrouded the land. The agents of chaos and disorder were symbolized by darkness in Act 4. The witches were described as, dark as midnight Macbeth was described as , devilish and dark and Scotland was described as dying. The imagery of darkness also plays an important role in character development.
Friday, May 31, 2019
The Chronicles Of Narnia: Book Report Essay -- Book Report Chronicles
This summary is not available. Please
click here to view the post.
Subscribe to:
Posts (Atom)