Monday, September 30, 2019

Five challenges of human resource manager Essay

1.2. Finding and Retaining Talent Human resource is an important resource of a company as important as capital. It could be pivotal for a company in enhancing the company’s competitive advantage. This is because the most challenging task of human resource manager is to retain recruit and the right people for a suitable position and having such people in the time they need it. Hiring of appropriate personnel is one of the key determinations in making the company difference from others. In current environment, the talent that needed by the company is limited even the labour available is usually more than the position available in the market. This make the human resource faced with challenges as they are indirectly competing with other companies’ human resource in  order to attract and retain the talent in their company. To stay outstanding from other companies, it is depending on the ability of the human resource to continuously finding new ways to maximize the level of talent in their company especially the knowledge-centric companies. But, such task is not easy to accomplish in the current competitive market. Besides that, retaining existing talent is also one of the challenging tasks for human resource manager. Again, due to the increase in competitiveness of the market, some companies may offer better benefits for the employees that they wish to hire in order to attract those employees to quit their current job and work for the new company. Hence, the human resource manager needs to put effort and find new creative ways in order to retain talent in their companies. To solve such challenges mentioned above, the human resource manager may offer a custom-made or more liberalized system that less restricted the employees. For example, decentralized the company so that those employees are empowered and allowed to give suggestion and made decisions which in turns made them feel they are appreciated by the company; add creativity to their job design so that they feel motivated to come across different challenges; offering additional benefits such bonus or voucher that is out of their expectation; providing them better working conditions by designing a healthy entertainment area (such as gym) for employees to relax themselves; and others. 1.3. Change Management One of the functions of human resource is to improve the position of business or to assist the business to achieve certain improvement. In order to carry out the improvement activities which conducted to adapt with the changing business environment, certain changes may be made to the corporation, especially technology changes. In managing such changes, the employees may resist to change as they are afraid that their responsibilities and their positions will be replaced by the new technology that is introduced into the company where such new technology may improve the efficiency and effectiveness of work. Hence, the role of human resource manager is to deal with this resistance issue. However, it is not easy to change people mind. This issue has becoming one of the biggest challenges face by the human resource manager. To reduce or overcome this issue, before the corporation implement any new changes, the human resource manager shall communicate to  the employees to explain the reasons to change and benefits that could gain through the change as well as the constrains so that the employees may have proper mental and physical preparation before they approach to the changes in the corporation. Besides that, the human resource manager may also emphasize that the technology will only assist rather than replace the employees to eliminate employees’ anxiety in facing with the changes. And, at the same time appreciate the employees so that the employees know their worth to the corporation which helps increase their sense of security of their positions. 1.4. Investigating Employee Complaints In a working environment, some frictions may occur between the employees and supervisors, which resulting in employees’ complaints. This is because the supervisor always being over-confidence with their management style that they didn’t realize that it had affected the employees. And, certain employees also do not realize own problems but always assumed the problem is come from the supervisor. The Human Resource Department is responsible to handling such conflict and employees’ complaints. They need to investigate the reasons behind the complaint and find the best solution to the problem. However, it is not easy to solve the conflict as those significant complaints usually come when it reach a critical situation. Human resource manager tends to end up coaching both sides without giving a solution due to lacking of experience or knowledge on how to deal with conflicts. In fact, improvement comes after conflict being solved. However, handling employees in the best possible way is a big challenge for the human resource manager. To solve this challenge, the human resource manager may attend certain training regarding human resource management on how to deal with conflicts in the companies. They also need to be neutral in handling the complaints, but not only listen to one party word. They should not only comfort, but to communicate with the related party regarding the problem, so that the problem may solve rather than only curb in order to prevent it happened again. 1.5. Relationship Management Human resource department is a place for employees to voice out their  concerns. Hence, human resource manager is responsible to communicate with the employees to deal with any problems or issues raised and at the same time ensuring employees’ human right is protected. To carry out these tasks effectively, human resource manager is encouraged to maintain neutral relationship with the employees to avoid discrimination, bias or unfair treatment being given to different employees. However, this had becoming a big challenge for the human resource manager because as a human being, it is not easy to remain unswervingly when a great concern, which might affecting him or someone he care, has approach to him. A good relationship management may comfort the employees and increase employees’ trust and loyalty towards the company; while a poor relationship management may fail to solve the issues raised and demotivate the employees. To improve such relationship management skill of the human resource manager, training regarding relationship management may provide to the manager so that he place the organization benefits as the priority. The human resource manager should also listen to the employees concern first without prejudice to ensure fair treatment will be given to the employees. Besides that, communication is a main element in relationship management where effective communication builds trust while poor communication causes uncertainty. Hence, the human resource manager shall improve his communication skills in order to maintain proper relationship with the employees. 1.6. Managing Cultural Diversity Managing diversity is a significant challenge that most companies do not recognized or realized. It is actually important and need to pay attention on due to the globalization that resulting in internationalization nowadays. In today environment, the labor involving many people from different cultures and this including those that come from different countries, possessed different education background, working experiences, religious beliefs, different maturity of thinking level and perception, abilities and talent, etc. The challenges of human resource manager are to manage such cultural diversity and ensuring the people can work and cooperate together harmoniously. Human resource manager also need to revise the corporate culture to ensure that it appropriate to all individuals according to different cultural sensitivity. However, the more the employees from  different cultures being hired, the more difficult the human resource manager to reconcile everything in order to comfort everyone in the company. To resolve this challenge, the human resource manager needs to maintain a good relationship with all employees. He shall understand every culture well and always communicate with the employees so that he can solve any problem raised as soon as possible before the problem being expanded and causing un-retrievable situations. 2.0. REFERENCES Human Resource Management Challenges. Villanova University. Retrieved from: http://www.villanovau.com/human-resource-management-challenges/. Accessed date: 17/6/2014 Challenges Faced by Human Resource Managers Because of Technical Changes . Jeremy C Bradley, Demand Media. Retrieved from: http://smallbusiness.chron.com/challenges-faced-human-resource-managers-because-technical-changes-61058.html. Accessed date: 17/6/2014 Major Challenges Affecting a Human Resources Manager. Jeremy C Bradley, Demand Media. Retrieved from: http://smallbusiness.chron.com/major-challenges-affecting-human-resources-manager-57675.html. Accessed date: 17/6/2014 Facing Modern HR Challenges Head-On. N Nayab, Michele McDonough. Retrieved from: http://www.brighthub.com/office/human-resources/articles/83254.aspx. Accessed Date: 21/6/2014 Major Challenges Affecting a Human Resource Manager. Ralph Heibutzi, Demand Media. Retrieved from: http://everydaylife.globalpost.com/major-challenges-affecting-human-resource-ma nager-29113.html. Accessed Date: 21/6/2014

Sunday, September 29, 2019

Compare & Contrast Russian Serfdom Essay

In the dark ages of 1450 to 1750, a devastating time period, Russian slavery & Caribbean slavery became popular. Although Russian serfdom & Caribbean slavery are similar in regard to how they were punished, the laborious work, & the little rights they received. They’re different in regard to their location, ways in which they’re owned & their payment for work. To start, the three similarities between Russian serfdom & Caribbean slavery are: the ways the slaves were punished, the laborious work, & the little rights they received. Both Russian slaves & Caribbean slaves were punished the same way, corporal punishment. Slaves in both regions were whipped & beaten. Rougher means of punishment was also implemented, such as starvation, sexual abuse, & hanging. Slaves would face this punishment when acting out, such as trying to flee, or back talking the master or landowner. Sometimes, the slave was punished for small things such as: not eating or answering questions fast enough. The laborious work was similar as well, both types of slaves worked long hours in fields or in factories. Typically 18 hours of work or from sun rise to sun set. Both Caribbean slaves & Russian slaves were free farmers. They planted, grew, & harvested all different things, typically cotton & sugar. These slaves had little to no rights. As mentioned above, they were constantly beaten, not respected, & had no freedom whatsoever. They often went days at a time not eating then had to work hard in the fields, but when they’d try to take a break, they would be whipped. Three differences between Russian serfdom & Caribbean slavery are: their location, ways in which they were owned, & their payment for work. Russian slaves hailed from Europe, particularly Russia while Caribbean slaves hailed from islands between the Gulf of Mexico and the Atlantic Ocean, particularly the Bahamas, Puerto Rico, & Cuba. While both produced similar products, they were in totally different regions of the world. They ways in which Russian & Caribbean slaves were different in the sense that Russian slavery was like Russian serfdom. Russian serfdom is based on land, & whoever bought the plot was the slave’s master while Caribbean slavery was being owned by a master, who chooses & buys the  slave. Another difference in Russian slavery & Caribbean slavery is the payment the slaves were awarded with for their work. Russian slaves were granted the protection from invaders, due to the master owning the land. Typically masters were either rich, royal or both, granting them the ability to have people guard their land. While Caribbean slaves were rewarded pretty much nothing other than being able to have one third of whatever crop they grew & harvested. They were not paid nor granted protection. Based on analysis, Russian & Caribbean slavery are similar & different due to what needed to be produced. Their differences are due to the way they were owned & amount of protection. Caribbean slaves produced sugar as did Russian slaves, but Caribbean sugar seemed to be more popular & was often exported because of the region of the Caribbean. Rich fertile soil & good growing conditions needed to have workers that were chosen for the hard work, while Russian slaves producing a little bit of everything needed versatile workers that could do a little bit of everything. This leads to protection, everyone in the Caribbean was trying to produce sugar, and the masters didn’t feel the need to have protection of the slaves, because all of the other slaves owned by other masters were busy doing the same thing. Meanwhile in Russia, the master of the land felt the need to protect their versatile workers & their crops. The reason for the similarity in the products they produce was oddly region. The fact that both Russia & the Caribbean slaves were able to produce the same products was due to the fact that both regions had very fertile soil, & good weather conditions during certain times of the year.

Friday, September 27, 2019

Consumer Protection Essay Example | Topics and Well Written Essays - 4750 words

Consumer Protection - Essay Example This Project Plan suggests that it becomes necessary to consider pragmatic and appropriate research question and during the course of deliberations this needs to be translated into achievable ends. Also, the enlightenment gained from appropriately decided case laws also needs to be included to substantiate arguments and underline facts. Besides, various sections in which this subject is dealt with also need to form a part of this paper. (Press summary, 2009). â€Å"The Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs) protect consumers against unfair standard terms in contracts they make with traders. The Office of Fair Trading, together with certain other bodies, can take legal action to prevent the use of such terms.† (Unfair terms in consumer contracts, n.d.). It is necessary to conduct a study of this kind in order to assess the unfair terms that are often being enforced as pre-determined statements without being deliberated with the concerned consumers, who are thus placed at a detriment, due to the arbitrary and high handed dealings of producers of goods and services. Besides, it is also necessary to consider and apply necessary legal remedies if and when unfair terms are forced upon unwitting consumers. In order to understand these aspects in their proper perspectives, it is necessary to under the basics of these terms. According to the Unfair Terms in the CCR 99, if terms and conditions of business have not been individually dealt with and discussed and any decision has been reached without due negotiations with affected consumers; it could be said to be coming within the realms of being â€Å"unfair terms.† (Statutory instrument 1999 No. 2083. 1999). Besides this, the terms have been pre-determined without taking the concerned consumers into confidence. As a result of which the consumer may have to suffer detriment. It could correctly be said that unfair terms have been incorporated in the agreement which creates disadvantages for the consumers.

Operation Overlord D Day Essay Example | Topics and Well Written Essays - 1750 words

Operation Overlord D Day - Essay Example alysed the Allied military planning for Operation Overlord are blessed with the gift of hindsight, they know that Operation Overlord was a success that contributed to eventual Allied victory. The Second World War was after all the conflict in which Air power came to the fore, military and naval operations launched when air superiority was held were far more likely to succeed than operations carried out whilst an enemy power held air superiority. When a combined military, naval and air operation was as large and as extensive as Operation Overlord, its planners had to consider any potential threats to its success and the Air threat could be considered to be one of the most significant single obstacle to success. It could be argued that Allied over - estimations of the Air threat posed by the Luftwaffe did have a serious effect on the Operation Overlord planning. The Allies believed that the Luftwaffe remained a formidable opponent and therefore a serious and potent Air threat to the successful execution of the plans for Operation Overlord. The Luftwaffe in numerical terms still had thousands of operational aircraft, even if before Operation Overlord was launched, the majority of those aircraft were used upon the Eastern Front and in defending the Third Reich from the Allied strategic bombing campaign.1 For the Allied military planners tasked with making Operation Overlord a successful reality it was worth ensuring that the Allied Air Forces had enough operational aircraft available to establish air superiority over the projected landing areas to avoid a disastrous repulsion of Operation Overlord. Although the warships that were tasked with protecting the troop ships would carry a large complement of anti-aircraft guns they would have found it very difficult to overcome German air strikes against the invasion fleet without their own aircraft providing cover. Besides the landing craft that were needed to ferry the Allied troops to the beaches were the parts of

Thursday, September 26, 2019

Nursing Profession in Australia Essay Example | Topics and Well Written Essays - 1500 words

Nursing Profession in Australia - Essay Example In 1856, she pressed the need for better hygiene conditions in all military hospitals of U.K. On her insistence, Royal Commission on the Health of the Army was established. It was in 1860 when the Nightingale Training School was established on two basic principles; first, that nurses should get training in hospitals and second was that nurses should live in a home devoted to discipline and moral life. Through this school, Nightingale transformed nursing from its disreputable past to a respectable career for all. (Florence Nightingale)Nursing Profession in AustraliaIt was in 1902, that the Australian Army Nursing Service was formed and since then more than 6,700 nurses have served not only in two world wars but in the wars of Korean, Vietnam, and the Gulf wars. (South Australians†¦)Before World War II, the training and education of nurses in Australia was modelled on apprenticeship.   Students got selected on the basis of their moral and educational standards. Students were not charged for lodging, boarding or for vocational training. After completion of the training they were supposed to provide the services to the hospital. Students used to gain valuable experience under the supervision of the 'Ward Sister' in different areas. Ward Sisters were trained and qualified nurses and capable to train student nurses. The system was known as 'Nightingale System’ and got established so firmly that it remained unchanged for several decades. (National Review†¦)... (South Australians†¦) Before World War II, the training and education of nurses in Australia was modelled on apprenticeship. Students got selected on the basis of their moral and educational standards. Students were not charged for lodging, boarding or for vocational training. After completion of the training they were supposed to provide the services to the hospital. Students used to gain valuable experience under the supervision of the 'Ward Sister' in different areas. Ward Sisters were trained and qualified nurses and capable to train student nurses. The system was known as 'Nightingale System’ and got established so firmly that it remained unchanged for several decades. (National Review†¦) Another era of nursing is said to have started from 1943 that remained until 1984.That started with the pressure on old system of training. Recurring shortages of nurses was due to resignation of many practicing nurses and also due to high dropout ratio among nurses under train ing. The reasons were mainly status of nursing, their wages, and work conditions. In 1943, the Kelly committee suggested various measures to improve the status of nurses and the complete overhauling of the training of nurses. The committee further suggested to appoint sister tutors and sister instructors to all training schools at the postgraduate level and to establish a College of Nursing. (National Review†¦) Subsequently, almost 25 years later in 1967, the Institute of Hospital Matrons of New South Wales along with Australian Capital Territory came forward to appoint a Committee to look into the various aspects of nursing. The report emphasised to prepare for training on nursing

Wednesday, September 25, 2019

Theories and idiology Essay Example | Topics and Well Written Essays - 1000 words

Theories and idiology - Essay Example An individual, a group, nation or state might believe in theory or ideology because of many reasons such as injustice, or any form discrimination practiced against them. It also might be the economic situation that helped this theory or ideology to be espoused. Another reason is the greed of colonialism from one state to another practiced by a leader or dictator such as Hitler. This essay ‎will be discussing three of the most popular ideologies, which are feminism, nationalism and globalism. In addition, a review and examination of each of the theories’ core ideas and its primary variations will be done. A comparison of those core ideas across the three theories and ideologies will be provided. It will go in depth to discover any commonalities or sharp distinctions between the theories. Feminism is one of the controversial theories among feminists or non-feminist. From the non-feminist perspective that women are humans as men and the declaration of human rights ensures all rights for both parties. On the other hand, feminists do not agree with that and ask for rights that were not given to them. Females do not look at themselves as sex objects, rather they recognize their gender dynamics and what they want to consider as their choice and as what they can do to their societies. Feminists want to free women from the dominance of masculine systems. They are not equal, even with the language, for instance, Thomas Jefferson drafted the Declaration of Independence and wrote, â€Å"All men are created equal,† (Sargent, 166). Another example of the language used by system For example, â€Å"a female first-year university student is called a freshman. Why? Not long ago women could not attend the universities, and the term implies that. Of course, language use change s, and most people now use freshman to refer to both male and female first-year students; but the word is a relic of past sexual discrimination† (Sargent, 166). More than

Tuesday, September 24, 2019

Does the technological revolution change the basic rules of media Essay

Does the technological revolution change the basic rules of media economics - Essay Example In order to understand the impact of technology on media economics in cultural industries, it is essential to understand the concept of cultural industry (Albarran & Dimmick, 1996, 48). Cultural industry can defined as that industry that incorporates different types of medium including television, music, print media along with art and architecture. From research, it is evident that this industry has adopted technology. The developments and growth of mass media in the cultural industry created foundations for media economics. The concept of media economics first emerged in the fifties(Albarran, 2002, 32). The cultural industries played an important role in offering the main fundamentals for investigating and analyzing the economics of media. â€Å"Content providers, offering information and entertainment, became the suppliers, whereas consumers and advertisers formed the demand side of the market. Furthermore, various regulatory agencies (e.g., Federal Communications Commission [FCC] , Federal Trade Commission, and other government entities) affected macroeconomic market conditions, and the relationship among suppliers in various industries created microeconomic market conditions† (Albarran, 2002, 115). During the fifties, the emergence of media economics became the subject of study of several micro and macro economists. For instance, Rau concentrated on studying the competition between newspapers, Steiner studied the competition in the radio industry and Reddaway studied the economics of several newspaper firms (Albarran, 2002, 201). The initial studies related to television and cultural industry sought to understand the structure of the market and the competition it had with other forms of medium(Albarran & Dimmick, 1996, 48). Furthermore, it concentrated on studying the influence of technology on revenues. In the same

Monday, September 23, 2019

Traning in business Essay Example | Topics and Well Written Essays - 1000 words

Traning in business - Essay Example Most of the youths who joins an organization as a fresher, may not have much ideas about the organizational environments. Whatever they learned from the institutions might be the theoretical part and the practical part begins when they start their career in an organization. Training is the only option for the employers to make the fresh candidate suitable for their organization. The do’s and don’ts of the organization, organizational behavior, culture, objectives etc can be provided to the employees only through training. No knowledge can be perfect if the learner fail to update it. New knowledge is bursting from all the corners virtually in every second and without updating; the knowledge of an employee might not be enough to meet the current challenges. It is difficult for an employee to go to institutions for acquiring further knowledge because of his professional commitments. So it is necessary for the employers to train their employees properly to prepare them capable of meeting the ever changing challenges in the business world. The following diagram represents the flowchart of training in an organization. Training helps an employee to understand the business environment of the organization he is working for. Business environments can be different in different organizations. For example, business environments of Pepsi and Coke might be entirely different even thought they operate in the same soft drink manufacturing industry. In order to make the employee custom made, training is essential for each and every organization. Changes and challenges faced by different organizations might be entirely different. For example, as mentioned in the above example, the challenges faced by Pepsi might not be the same for Coke because of the different geographical locations they were operating. Even in same countries they may face different challenges. For example, Coke is accused of exploiting underwater resources more than the

Sunday, September 22, 2019

Dreams and its Interpretation Essay Example for Free

Dreams and its Interpretation Essay We have always been fascinated with dreams. Numerous theories on the subject have been proposed since the early Greek period attempting to explain the nature and purpose of dreams. During the ancient times, dreams are believed to be inspiration from the gods. That it, the gods uses dreams to communicate their messages and their warnings. The Scripture alone has a large amount of anecdotes expressing the Christian belief on dreams and these beliefs differ on a very little scale with that of the beliefs of the ancient Greeks and Egyptians (Brill, 1922). Passing on from the ancient times, beliefs regarding the nature of dreams have varied little in terms of its religious aspect. But it was not until the late nineteenth century that psychology began to offer a new insight on the subject of dreams. It would be an enormous feat to discuss the various theories regarding dreams and its analysis and interpretation but perhaps it is more than helpful to discuss first the dream process before attempting to look at its analysis and interpretation. According to Auld, Hyman, and Rudzinski (2005), â€Å"the dream gives expression to unconscious forces in a much more direct way than other mental contents do† (p. 185). As it is, dreams only happen when one is asleep. When asleep, the sleeper/dreamer stops actions directed toward the outside world allowing some thoughts and feelings penetrate the mind more freely than when the dreamer is awake. These thoughts and feelings now constitute the dream content. Most dream contents consist of the dreamer’s memories of events of his waking life, usually experiences of the day preceding the dream and conflicts from early childhood that are repressed, and therefore unconscious even in sleep. Dreams become an instrument for the expression and fulfilment for these unconscious conflicts (Auld, Hyman, Rudzinski, 2005). However, these unconscious conflicts and preconscious day residues are not just simply represented into dreams. The dreamer first translates these thoughts and memories into visual images which are then represented by a series of images as they enter the dreamer’s consciousness. The dreamer remembers and reports verbally this series of images. This report is called the manifest dream while the psychological structure from which the manifest dream was developed is called the latent dream. Freud calls this process as the dream-work (the changing of the latent dream into the manifest dream) (Freud, 1920). Freud explains that to be able to interpret the dream, that is, to fully recover the latent dream thoughts as fully as possible, one must get the dreamer to give association to each element of the manifest dream (this is what is called the free-association). He further explains that the manifest dream is a distorted version of the latent dream, not only because thoughts and feelings had to be translated into visual imagery but also because repressive forces of the personality were active and brought about a disguising and censoring transformation material. Freud referred to this as censorship. Other psychological operations involved in the dream-work are condensation, symbolism, dramatization, and secondary revision. In condensation, a single image in the manifest dream can represent several images in the latent dream. Manifest dreams are often represented through symbolism, wherein the elements present in the manifest dream represent the elements present in the latent dream. Dramatization refers to the manner in which the dreamer’s thoughts and feelings are represented through concrete pictorial representations. Finally, the dream elements that are contradictory and of disparate origin, are rearranged in its final manifest form comprehensible to the dreamer. This is referred to as the secondary revision. Once understood, these psychological operations can aid in the interpretation of dreams (Alperin, 2004). REFERENCES: Alperin, R. M. (2004). Toward an integrated understanding of dreams. Clinical Social Work Journal, 32(4), 451-469. Auld, F. , Hyman, M. , Rudzinski, D. (2005). Resolution of inner conflict: An introduction to psychoanalytic therapy (2nd ed. ). Washington, DC: American Psychological Association. Brill, A. A. (1922). Psychanalysis: Its theories and practical application. London: WB Saunders Co. Freud, S. (1920). A general introduction to psychoanalysis. New York: Horace Liveright.

Saturday, September 21, 2019

Are Leaders Born or Made Essay Example for Free

Are Leaders Born or Made Essay People have debated whether leaders are born or made for centuries. However, I am absolutely convinced that good leaders are made than born. If you have the desire and willpower, you can become an effective leader. â€Å"Good leaders can develop through a never ending process of self-study, education, training and experience† (Jago, 1982). To inspire workers into higher levels of teamwork, there are certain things a leader must be, know, and, do. These do not come naturally, but are acquired through continual work and study. Good leaders are continually working and studying to improve their leadership skills; they are NOT resting on their laurels. Definition of Leadership Before we get started, let’s define and understand about leadership. Leadership is a process by which a person influences others to accomplish an objective and directs the organization in a way that makes it more cohesive and coherent. Leaders carry out this process by applying their leadership attributes, such as beliefs, values, ethics, character, knowledge, and skills. In the field of organizational learning, leadership entered the discussion as a proxy for the organization. Initial concepts of leadership in organizational learning were based on the notion of the dominant coalition. Organizational learning theorists had suggested that the senior management team, or dominant coalition, was in fact the organization level of organizational learning. Moreover, leadership has been described as the â€Å"process of social influence in which one person enlist the aid and support of others in the accomplishment of a common task. According to Ken â€Å"SKC† Ogbonnia, â€Å"effective leadership is the ability to successfully integrate and maximize available resources within the internal and external environment for the attainment of organizational or society goal. Charismatic Leaders are made but not born. However, there are many well-educated and motivated people who lack of the knowledge to lead others. So they don’t assume leadership positions, or if they do, they don’t do very well in them. Thus, to become a made leader, we need to know about the characteristic of a leader for us to learn and explore from there. Having charisma is an important quality to any successful leader, that’s all highly successful people must develop to maximize their success in leadership roles, as well as use it to gain a great advantage over their competition. Charisma can be explained as an indefinable personal magnetism that helps draw people to you, and makes them want to cooperate and work with you to accomplish your dreams. To increase your own level of charisma, you must first be confidence in your own vision. If you have a clear vision of what you want to accomplish, then you need to focus on setting goal for yourself, and make plan to achieve them without delay. The clearer you are about your purpose, and how you are planning to achieve it, will naturally to attract others to help and support you in any way they can. However, some say charismatic is born but not made. Yes, it’s. But without the born charisma, you can also increase the level of you charisma by talking and interaction with other, certain interactions and rewards increase starting relationships, such as a Celebrity using a Charming Introduction will instantly have a new friend. Charisma skill-building requires friends and relationships to progress. Personality and Physical Build Besides, the personality is also an important element to become a made leader, great leaders must have the ability to project themselves, to communicate with subordinates in order to accomplish a task by teamwork. The dictionary definition of personality is the collection of emotional and behavioural traits that characterize a person. That is, your personality is how you present yourself to the world. It is how others see you. Is that important for leadership effectiveness? I think so. Your public persona is the catalyst for enrolling followers. For example, you might be typically dominant, or perhaps you’re always a friendly person, or even someone who takes very few risks. These examples are personality traits. You may also simply improve your personality by your appearance such as dress up and make up well as the appearance oneself always the first impression they given to other. Aside of personality, physical build is also a trait of characteristic for being a leader, this can be made and improved by one self. For example, the children now are mostly taller and stronger than their parents because of the better knowledegement care. Talent, skills and knowledge Beyond the personal traits of a leader, leadership talent, skills and knowledge someone must master if they want to be a leader. Leadership talent is those innate traits that a person is born with but which they need to work on to develop their potentiality, Leadership skills are learned behaviours that a person practices and hones over time. And leadership knowledge is acquired learning about the methods, strategies, successes and failures of other leaders in business and in different walks of life. The traits include intelligence, creativity, diplomacy, persuasiveness, and organizational ability. The difference of the three is an intrinsic character of the leader and the latter two are learned. And an effective leader combines all three: harnessing mixture of their natural characteristic, their learned replicable behaviors, and their mental data and learning into their own unique way to expressing themselves as a leader. Knowing well of the managerial function Besides, knowing well of the managerial function is also a must for a made leader. From day-to-day operating, they should be able to learn about planning, organizing, staffing, directing and controlling in order to lead their subordinates in an effective way. Planning refers to anticipate the opportunity, problems and conditions and choosing from among the alternative of future courses or actions. That includes forecasting, programming, scheduling and etc. The organization functions consist of developing the organization, delegating authority and establishing relations. Staffing is about planning the organization with suitable personnel constitutes the staffing function. Direction function involves managing people and work through the means of motivation, proper leadership, effective communication and coordination. Controlling function enables management to ensure the achievement is in accordance with the established plans. Communication skill Moreover, to be a made leader, we should train ourselves to make effective communication thru experience. The communication skill can definitely be improved if you have the desire to do it, a smart leader must always the â€Å"30 seconds message† which transmitting the most important message within the shortest time. Effective communication is more than just being able to speak and write. A leader’s communication must move people to work toward the goal the leader has chosen. Besides that, a leader has to be able to motivate everyone to contribute. Each of us have different â€Å"button†, a great leader should knows how to push to right button on everyone to make them really want to do their best to achieve the leader’s goal. This is definitely not born because leader could press the right buttons on everyone through understanding their personality. Honesty and Integrity, Forward looking, Independence and Innovation. In addition, the characteristic of a leader is also consisted by honesty and integrity, forward looking, independence and innovation. Once should not even be considered to become a leader without having demonstrated the honesty, integrity and trustworthiness to have and maintain a position of public trust. At all levels, individuals with integrity and honesty show moral courage by doing the right thing even when it is not popular or by expressing dissent when actions or pending decisions would violate organizational and/or constitutional values, laws, and regulations. In addition, they confront unethical behavior in others. Furthermore, the honestly and integrity is about following rules and regulation, this is made as we have no choice but have to follow the rules and regulation of the organization. As a great leader, we always need to be forward-looking toward any issue or problem. When people do not consider their leader forward-looking, that leader is usually suffering from one of two possible problems which are the leader doesn’t have a forward-looking vision and the leader is unwilling or scared to share the vision with others. The forward-looking attitude can be influenced by those people who are surrounding us with positive-minded, this can be made but not born. Last but not least, a great leader is also an innovator. Innovation is about making new tools, products and process, bring forth something â€Å"new† which allows human being to accomplish something they were not able to accomplish previously. We can be innovation through study, research, discuss and deliberated from past experience. Leaders must be tough enough to fight, tender enough to cry, human enough to make mistakes, humble enough to admit them, strong enough to absorb the pain, and resilient enough to bounce back and keep on moving. Leaders must be tough enough to fight, tender enough to cry, human enough to make mistakes, humble enough to admit them, strong enough to absorb the pain, and resilient enough to bounce back and keep on moving. Leader is made because a person becomes a leader through life and work experiences, through mentors and personal reflection. Leader takes time to develop and they were made just like anything else, through hard work. If you are given a chance, you practice, you can also be a leader.

Friday, September 20, 2019

Explaining The Primary Purpose Of Taxation Economics Essay

Explaining The Primary Purpose Of Taxation Economics Essay Tax is an enforced  fee  that is charged on individuals and organizations  by government  or its agency on a  product,  income, or  service. Despite many people complaining of making tax contributions to government, these contributions are very important for the economy of a country. This is because these financial contributions are used by government for the implementation of various socio-economic development projects such as the construction of roads and bridges, schools, health facilities and provision of social services like national security, provision of salaries for civil servants including the police, the army, judges, doctors, nurses and teachers. However, to clearly understand the rationale behind government charging of taxes terms such as taxation, equity in relation to taxation, direct and indirect tax and sources of income, need to be clearly understood. Taxation mainly refers to the  actual act in which government or its taxing authority (Such as Malawi Revenue Authority) actually  collects tax from individuals and organizations. In Malawi, taxation is guided by several principles that are mostly highlighted in the Taxation Act and Amendments. The taxation principles emphasize that taxes collected should be just-enough to generate revenue  required  for  provision  of essential  public services, and that taxes must be  spread  over as wide as possible  section  of the  population, or  sectors  of  economy. Furthermore, taxes are enforced in a manner that facilitates  voluntary compliance  from individuals and organizations to the maximum extent possible, but also taxes must equally burden all  individuals  or  entities  in similar economic circumstances. Adding to this, taxes do not favor any one  group  or sector over another. Equity in relation to taxation is another important element that needs to be clear understood as far as taxation is concerned. The word equity centers on the fairness and justness of collecting taxes by government. Equity in relation to taxation implies giving as much  advantage and  consideration to one  individual or organization  as it is given to another in similar economic conditions. This is a principle that taxes should be fair and should be based on different peoples ability to pay, and is usually related to their income. Practically, it is expected that an individual that earns more income has to pay more than an individual earning a comparable lower income. Taxes are divided into two main groups of Direct taxes and indirect taxes. On one hand, the direct taxes can be said to be those paid directly to the government by the individuals or organizations on whom it is being imposed. Examples of direct taxes charged by the Malawi Revenue Authority include income taxes, such Pay As You Earn (PAYE), and as the name implies, is a tax on Income. Income, according to MRA includes the total amount in cash or kind received by or accrued to a person from sources within Malawi, or deemed to be within Malawi. Another form of direct tax is tax based on wealth and this is based on the wealth of an individual at the date of death and is sometimes called Estate Duty. On the other hand, Indirect tax, also referred to as goods and services tax, is a tax collected by an intermediary, such as a retail store from a person who bears the ultimate economic burden of the tax (such as the customer). Indirect taxes are computed in the cost of goods or services an in dividual or organization purchases. In Malawi an example of indirect tax is sales tax, which is a duty paid based on the value of goods or services that have been purchased. Sales tax in Malawi is known as Value Added Tax (VAT). Customs duty is another form of indirect duties and is tax levied on the value of goods that have been imported into the country. Excise duty is also a form of indirect tax and these are imposed on selected locally manufactured goods to discourage the consumption of such goods. There are a various number of income sources that are taxable from income an individual or organization earns, which is generally net income from employment, business and rentals. There are many sources of income but the most common are salary and wages, which is the kind of income that the majority of people have to deal with when filing their taxes and is what individuals earn from a job. Another source is self-employment income, which is any money that an individual makes outside a regular job from services rendered. For example, if an individual operates a home-based business, money from this endeavor would be counted as self-employment income. Another type of income that one may receive is interest income, and is the income one receives from putting money into a savings account. QUESTION TWO Explaining the Primary Purpose of Taxation Taxation is a means by which governments finance their expenditure by imposing charges on citizens and corporate entities. The main purpose of taxation is to accumulate funds for the functioning of the government machineries. All governments in the world cannot run its administrative office without funds and it has no such system incorporated in itself to generate profit from its functioning.  In other words, a government can run its administrative set up only through public funding which is collected in the form of tax. Therefore, it can be well understood that the purpose of taxation is very simple and obvious for proper functioning of a state. Taxes are charges levied against a citizens personal income or on property or for some specified activity. As such, one purpose of taxation is to increase in effectiveness and productivity of the nation as government is able to implement various socio-economic development projects such as the construction of roads and bridges, schools, hea lth facilities and provision of social services. Another reason is that taxation assists in reducing consumption of unwanted goods. Taxes as such can be used as an effective tool to reduce the consumption of unwanted goods like alcohol. Higher taxes on such goods reduce the consumption as the price of the product will be very high for the consumers. Government also uses taxes as a way to protect local industries and as such make them more profitable. Increasing tariffs on imports and charging lower taxes to local products may boost the demand for goods and services produced by domestic industry. Taxes on imports, which are called tariffs, can be used by government to correct an unfavorable balance of payment situation by increasing the tariffs. This will result in imports becoming expensive and will cause a fall in demand for the imported goods. Explaining Five Reasons that Contribute to Non Compliance with Tax Laws Non compliance of tax laws  can be said to be a failure, intentional or unintentional, of taxpayers to meet their tax obligations. This lack of compliance can be as a result of different factors as indicated below: A Rising or High Tax Burden: Individuals and organizations will tend to be non compliant to tax laws when the taxes are deemed to be high as compared with the cost of living. In such a case taxpayers will tend to avoid payment of taxes so as to have a sizeable amount of money to be used in the purchase of different commodities. Lack of Knowledge on Tax Laws: This point focuses on the unintentional failure of a taxpayer to comply to tax laws. An example would be a small or medium enterprise that does not know that it is required by law for their businesses to be registered and as such pay taxes. Further, taxpayers would like the actual location or requirements needed for them to comply. Complexity of Tax Laws: Unintentional non-compliance may also be caused by the complexity of tax laws, that is by the difficulty of keeping accurate records and the inability to obtain the information needed to comply. For example, low-income taxpayers who cannot afford to employ tax agents could face problems understanding basic laws and even routine mathematical operations and interpreting the tax tables may present problems. Tax Evasion: Tax evasion is the failure to declare taxable activity or income and this is a practice in the employment of the services such as consultancies, builders, plumbers and decorators. This intentional non-compliance requires the taxpayer to have some measure of understanding of the tax system. Weak Tax System: This can also lead to intentional non compliance of tax laws as taxpayers are able to utilize loopholes in the tax system. As such, this encourages taxpayers to be non compliant as they are assured of not facing prosecution.

Thursday, September 19, 2019

Impressions of Aging and the Elderly in Country Music :: Music Media Research Papers

Impressions of Aging and the Elderly in Country Music Abstract This paper examines recorded country music from about 1920 to 1990 as a source of popular impressions of aging and old age. A sample of 100 songs, primarily from Billboard's Top 40 charts are content-analyzed and the data categorized into image areas. Overall, as expected, the images of aging in the lyrics of country music, both as a process and as a demographic category, are positive; however, interesting variations appear when gender and specific image category are controlled. One important measure of the perception of the aging process is the manner in which aging and old age are depicted in various cultural forms. The condition of old age in primitive and prehistoric societies has been described by the folk tales and cave drawings of that have survived to the present (Fisher, 1978). Likewise, it is possible that current societal views of aging may be illuminated through the impressions created by contemporary agents of socialization. And while it is difficult to determine whether stereotypical images are derived from reality or if, if fact, such images create reality (Clark, 1980), it is possible to investigate how and to what extent certain institutions reflect various images of the aging process. In the last decade, a number of social scientists have investigated the ways in which informal agents of socialization provide or support current stereotypes and attitudes held toward the elderly. A review of previous studies in the area indicates that researchers have examined aging in jokes (Davies, 1977; Palmore, 1971; Richman, 1977), birthday greeting cards (Demos and Jache, 1980), television drama (Harris and Feinberg, 1978), poetry (Clark, 1980; Sohngen and Smith, 1978), newspapers (Bochholz and Bynum, 1982) and literature (Janelli, 1988; Loughman, 1977; Sohngen, 1977). Of particular interest and importance to this study is the recent work of Cohen and Kruschwitz, (1990) which examines printed sheet music from 1830 to 1980 for impressions of aging and old age. While their search for popular sheet music is admittedly "nonsystematic" and their selection of image categories was "inductive," the authors have, in our view, made a significant contribution to the popular culture analy sis of aging and the elderly.Research to date suggests that the elderly have been portrayed in contradictory ways with some images being negative and passive and others positive and active (Buchholz and Bynum, 1982). The question still remains as to what cumulative picture of aging and the elderly is painted by American music.

Wednesday, September 18, 2019

Performing at the Globe Essay -- Shakespeare Description Place Essays

Performing at the Globe I recently had the extreme good fortune to do a one-week residency at Shakespeare's Globe in London, rehearsing and performing in the First Quarto version of Hamlet with the University of Texas Shakespeare at Winedale Program. Our experience there, working in the theatre and watching the Globe company perform, taught us much about the staging challenges of an Elizabethan playhouse, as well as the invigorating possibilities of such a stage for actors and audiences. The First Quarto Hamlet project was set up by James B. Ayres, of the University of Texas at Austin, and Patrick Spottiswoode, of the Globe Education department. The Globe, which opened two years ago, was intended to function both as a theatre for professional performances and as a laboratory for learning. Accordingly, Spottiswoode invited Ayres, a Texas English professor, to bring some of his students to work on the 1603 First Quarto, the earliest published version of Hamlet. The First Quarto, or Q1, is probably an actor's memorial reconstruction of the play as adapted for performance, and its lean, fast-paced text seemed a good choice for exploring the staging possibilities of the Globe. After performing the play once at Winedale on August 15, Ayres' twelve students came to London for a week of work at the Globe, culminating in a performance for an invited audience on August 31. I had been associate director of Shakespeare at Winedale for the summer, and was added to the Hamlet comp any in London to take on the role of the Ghost. Shakespeare at Winedale is an English department summer program, founded by Ayres twenty-eight years ago, wherein students explore Shakespeare through an intensive experience of performance. A group of studen... ...al realities for us, figured in the very architecture of the building. It was this sense of the rightness of the space, the congruity of these words and actions with this physical world, that was perhaps the most valuable lesson of our time in the Globe. I had had my doubts about the Globe ever since I saw the initial, unsatisfactory Two Gentlemen of Verona in the prologue season of 1996; the stage was too big, the atmosphere to artificial, the actors unable to cope with the physical demands of the building. Yet striding onto that stage, feeling the embrace of those galleries, hearing the ringing clarity with which the wooden O gave us back Shakespeare's words (or some of them, in the case of Q1)--this experience convinced me of the value of the Globe, not only as a theatre but as a testing ground for our ideas about what Shakespearean performance was, and can be.

Tuesday, September 17, 2019

Korean Investment

A Korean property development company, CoDA, is planning to increase the value of Swansea’s SA1 docklands project by  £80 million through investment.   The money poured into the project would develop Harbour Square, which overlooks the Prince of Wales Dock, with the creation of 406 apartments with shops.   Moreover, this new development would add to the growth expected in the area with 1,500 new jobs at a Jersey Marine distribution center established recently. It would take three years to build the 406 new apartments with shops on Harbour Square.   The Korean investment is expected to create approximately 400 construction jobs, and lead to further growth with respect to the project.   Indeed, this project is the biggest one in the scheme, turning old docklands into a modernized place to live and work.   The total cost of the scheme is estimated at  £400 million. CoDA, backed by UK and Korean banks as well as investment funds, is expected to make a formal announcement about its plan early next week.   The fact that the Korean firm chose Swansea ahead of many other potential sites in the UK has been explained by CoDA’s chief executive, Hoshik Chi, thus: â€Å"The market in Swansea is dynamic and buoyant, and I have been most impressed by the city and the surrounding area.† The Korean firm would seek planning permission for the 2.7-acre site soon.   The development on this site would consist of twin structures, four to eight storeys high, offering reasonably priced housing and car parking, in addition to seven retail units.   Developers are claiming that the new development would be as modernized as possible, featuring a community  heating system which would be fueled by zero emission wood pellets, in addition to a rain harvesting system. This eco-friendly development may very well be the biggest investment of a Korean company in the UK.   What is more, the Korean investment is bound to be highly profitable, seeing as Swansea’s city center and its waterfront are also in the process of being transformed through a  £1 billion plan announced last week; and the people of Wales continue to demand residential accommodation.   Other Korean companies may also join CoDA in Swansea’s development and modernization, especially since South Korea has relaxed its laws regulating the purchase of property in foreign countries.

Monday, September 16, 2019

Themes in the Merchant of Venice

The Cyclical Nature of Hatred and Vengeance By Darina Gaievska Love and hatred, happiness and misery, excitement and lethargy – all of these emotions are inherited to the human nature. Hatred fits in among one of the strongest human feelings; it is a seed that engenders vengeance. In the Shakespeare’s play, The Merchant of Venice, these two inextricably bound terms are portrayed unequivocally. There are three main reasons why hatred was such a focal ingredient to the play: the Anti-Semitism, the unacceptability of usury and the personal altercations between the focal charactersFirst and foremost, the tensions between the play’s protagonist and antagonist take place primarily due to the cultural notion of Anti-Semitism. In spite of Venice being the multicultural and hence multi-religious trade city, the discrimination of the Jewish people was yet apprehensible. Throughout The Merchant of Venice Antonio keeps referring to Shylock as â€Å"The Jew†, a term th at was so derogatory at the time. Although there isn’t much use of direct anti-Semitic slurs, the enmity towards the subculture still lurked in the passages of the play.When Shylock slyly alluded to Jacob from Genesis, justifying his practice of usury, Antonio responded dismissively, saying that â€Å"the devil can cite Scripture for his purpose†. By calling Shylock â€Å"the devil† due to Shylock’s faith. In the merchant’s eyes, Jews were traitors, who deceived the Christ. Although Shylock shows his awareness of the Christian religion, Antonio does not respect him more; arguing that in spite of the knowledge he possesses â€Å"The Jew† is nevertheless a disbeliever.The second reason due to which hatred skulks throughout the play is the un-acceptance of usury. During the Elizabethan era, Jews were not allowed to have any mercantile business, making usury, the practice of lending money on interest, the only source of profit to them. Antonio p roves his negative attitude towards usury by lending money with no interest. Shylock, on the other hand, feels indignant of Antonio’s actions: â€Å"He lends out money gratis and brings down The rate of usance here with us in Venice. Their different views on lending nurture the characters’ animosity and foreshadow the conflict that arises later in the play. Last but not least, hatred is presented in a play in both the ambiguous way and the personal one. It is quite clear that the great tensions between â€Å"The Jew† and the Merchant are the focal point of the entire plot. Antonio’s disrespectful actions towards Shylock are incited by his anti-Semitic ideology. Needless to say, those actions are the main reason for Shylocks hatred, so strong and unceasing, towards his offender.It almost seems that if Antonio was inflicting his enemy’s vengeance knowingly, continuing to practice his disrespectful behavior. Shylock justifies his thirst for revenge i n act three: â€Å"The villainy you teach me I will execute, and it shall go hard but I will better the instruction†. â€Å"The Jew† argues that if Christians (specifically Antonio) treat him as if he were â€Å"a dog† hence showing that they are hypocritical when contradicting the concept of mercy, which is so deeply enshrined in their religion.He blames the Christians for â€Å"teaching† him cruelty, and even promises to excel his masters. To sum up, the recurring hatred is a cycle that comes out of the culture’s prejudices. It is one of the main themes in the play. Hatred and animosity, caused by the anti-Semitism, unacceptability of usury and disrespect, are the inciters of the conflict between Shylock and Antonio. Without them, the play would be dull and boring, because emotions are the ones to spice up the play, making the interaction between characters more fervid.

Sunday, September 15, 2019

Public Education Financing Essay

In the present modern economics, public education financing is considered as one of the flourishing characteristics for the economy of any country. However, a wide variation has been observed in the financing practices related to the public education in the United States, as well as, across different parts of the globe. In this regard, differences and diversification can be observed in various economical activities that are considered especially for the public education system of a country. (Cubberley, 1916) For instance, the American educational system may also provide huge differences in terms of distribution and expenditures across the country. However, significant and noteworthy alterations have been observed in the public educational system of the United States. Over the last few years, the abovementioned theme has been a major concern of public debate at all levels. (National Association of Secondary School Principals, 1972) During the last few years, in order to get maximum funds for pubic education, different states of the US have made significant changes in public education funding system. In this regard, various experts believe that little analysis of the subject has been done in the past, and more considerations should be provided to the subject, which has an influencing effect on the education system of every country. (Rice, 1893) One of the biggest sources of public education financing is national funding system, as community wide funding system is implemented for the financing of educational activities across the country. In this regard, most of the public education financial expenses are funded at national level. In this funding system, all nationals of a country bear a substantial tax rates on income for pubic education financing. (Fitch, 1904) The important thing in this funding is that all the tax collected from individuals are funded and distributed equally among all the students, which is one of the major characteristics of a public education financing system. (Jordan, 1992) At community level, public education financing occurs at a certain community level and students receive sponsorship according to their requirements. Moreover, at community level education funding system, parents of the students support all the costs of their children’s education, which is same as private education funding. Nonetheless, at community level funding system, funding for public education is collected on behalf of communities and sorted randomly into communities contrary to perfect sorting. In this system, all contributors of the public education finance contribute same tax rate fixed by their community. Certainly, at community level, public education financing contributes a small share in overall education expenses, and this thing does not have a great impact on wide economic variable elements, such as social security benefits, etc. (National Association of Secondary School Principals, 1972) However, according to one of the experts in education, a rapid concern in the development sector has been observed in recent years, and a vital role has been played by the federal government. One of the reasons of expression of this concern is that more diversification has been observed in the capabilities of funding by the state governments. Moreover, steady increment has been observed in the mobility of these states. Lastly, the federal government has observed an important change in its perspective regarding the public education, and social welfare of the people has been given due importance during the recent years. On all the aforementioned public education-financing categories, finance education schedule is selected by agents through voting, which is carried out by either the community or federal government. It has been observed that balancing of the educational budget is performed by the provision of different taxation options to the voters by the government, and similar funding is provided according to the taxation level selected by the voters. However, it has been observed that young generation has not been given due significance by disallowing them from the voting, and education can be supported by only the voters who face the political decision.   The level of taxation is represented by a tax rate and the tax is levied on capital and labor income of all agents residing in the relevant area. When setting up the tax schedule, policy makers care only about being elected, and so they maximize the number of votes. As a result, any party in office will follow the same policy and that policy is the one that is voted for by the greatest number of agents. (Garber, 1964) During the period 2001-2002, the US spent approximately four hundred and twelve billion dollars in both elementary, as well as, secondary levels of the public education system. This budget on public education was spent with a view to declaring it the biggest single field of direct public expenditures, even beyond the national defense figures. Approximately, in the educational ground, this fund benefited around forty seven million public school students and five million of private schools. (Ana, 2004) Interestingly, per student expenditure during that period was $8,685 yearly. It has been noted by most of the experts that aforementioned budget was collected from federal, state and local sources. However, the amount spent during the year 2001-2002 on public education finance was varied form one state to another. In this regard, Connecticut was the state, which got the highest per student education funding fund, and Utah got the lowest fund for public education. In the United States, the state and the local government are responsible for public education funds. In the fiscal year of 1999, forty-nine percent of the funds for public education financing came from state appropriations in which, forty-four percent came from domestic revenue and the US federal government contributed seven percent funds for public education financing. In this regard, domestic government raised funds for education mainly through property taxes. On the other hand, for public education financing state rely on numerous funding sources such as corporate & personal income taxes, sales & excise taxes. However, public education financing from the US federal government remained constant if compare to past figures. (Jordan, 1992)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Historically, with the passage of time, a constant rise has been observed in school funding from the perspective of states. In this regard, the state contributed thirty percent in 1940, which was raised by 40 and forty-nine percent in the year 1970, as well as, 1999 respectively. However, figures of each state observed substantial variations by one another. Throughout the history of public education funding, funding sources of each state varied from others, and most importantly, the tax rates such as personal and property tax rates were varied according to states. In this context, Hawaii’s funds for education mainly came from state sources, and New Mexico public education funds came from both state and domestic sources. In this regard, it has been believed by Richard W and Lindholm that the provision of education as a local responsibility has been closely related with the imposition of property tax as a local tax in the United States. Every year, all the states contribute hundreds of billions of dollars on education financing. In order to distribute collected funds among different territories, states have designed some ground elements that differentiate territories from one another, as well as, estimate the affect of those differences on the cost of furnishing educational services, and distribute funding consequently. Besides all the factors discussed above, territory wealth in school funding is one of the most important elements that distinguish one territory to another. In this context, it has been believed by some of the experts in education, such as Torres and Puiggros that overall capability for the maintenance of students, as well as, the promotion of higher education has been improved and enhanced by the public schools, in addition to increasing the equality of educational opportunities. Actually, some territories are wealthy as compare to others. In this regard, states have designed a number of fundamental funding systems that evaluate the estimation of school territories funding levels and distribute it in keeping different grounds, such as domestic differences of wealth element. Although, different states have designed different public education funding system, but one can found many similarities in school funding structure system. Under the flat grant approach, in spite of domestic particular context, every territory gets the same flat grant for each student entered in any educational institute. Obviously, in this public education funding system it ponders that the state must assure a minimal level of funding for all educatees and then gives domestic territory liberty to increase funding beyond that level as they think fit for it. During the period of 1960s and 1970s, the power equalization funding approach arose out of the work of education crusaders; actually, they were the people who observed the huge deviations among different territories in the ability to lift domestic funds ensued in education funding inequalities. (Ana, 2004) The solution was to assure all territories a standard amount of fund for each educatee for each unit of taxation. For instance, every state is liable to determine that all school territories must be able to increase hundred dollars on each student, per mill of property tax rate. In any case, where school territory’s tax base does not able to rise forty dollar per student, in this case, the state will fulfill territory’s education funds demand of equal to difference between 100 and 40, or sixty dollar per student, per mill. (Garber, 1964) However, all districts which are considered as wealthier districts and whose tax base rate rises seventy dollars per students, per mill, will only get thirty dollars per student, per mill from the state. â€Å"In this way, the state â€Å"levels the playing field† for school districts in terms of the ability to raise revenue, ensuring that funding disparities are a result of differences in taxpayer preferences, not taxpayer wealth.† Undoubtedly, this approach shows the responsibility that all states all responsible for education funding according to their wealth and resources. The funding approach of foundation plans is presently use in almost forty states. This approach integrates components of the former described two approaches. Nonetheless, every state furnishes the deviation between the totals of revenue-raised form the domestic tax and the foundation funding level.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   For instance, a state can found a foundation funding level of six thousand for each student. However, in a territory having one thousand students this will reflects a total funding of six million dollars. In this regard, if the state calculates a minimal domestic tax rate of two hundred mills increased two million in domestic property taxes, the states will have to furnish an extra fund, which will equal to the deviation between two million and six million. (Richter, 1986) In this approach, if employing the two hundred-mill lower limit tax rate in a wealthier territory with the same number of educatees increased five million, in this situation, the state is bound to furnish only one million in state’s education funds. In this regard, both territories ends up with the similar domestic tax rate and the similar combined state and domestic funding point for each student, though the proportional weight of those 2 sources is different to a great extent. It can be evaluated that this approach is designed to extenuate inequalities in domestic wealth. However, it takes the idea of equality in further steps; in this approach, typically, both outcome and opportunity are taken into consideration and rates are determined with respect of varying degrees of different states. (Williams, 1980) This foundation plan has designed to keep in mind that the domestic school territories must not enjoy limitless prudence while setting funding levels that are intolerably different from other states norms. The full state-funding plan is practically an uncommon approach for funding public education funds, in this approach of public education funding; the state is responsible for all education expenses. Hawaii is completely fit for this example; Hawaii within a single school territory combines full state funding. In suggesting or deciding public education funding policies, Hawaii is capable to eliminate, any deviations occur between domestic and state governance. Interestingly, in this public education funding system, domestic authorities have no control over levels of funding. (Ana, 2004) All the four aforementioned public education-funding categories show only the fundamental structure of public education funding plans. Nevertheless, in order to collect funds for public education most of the states use schemes that joint components of some or all of these funding plans. For instance, a state may distribute some funds through a flat grant education funding approach, or other may apply foundation plan to collect public education funding. In lieu, a state has an authority to give territories permit to raise tax rates in order to collect maximum funds for public education. It can be analyzed that the prime motive behind the public education funding is to get maximum funds, which can be used, effectively in public education. According to some public education funding reformers, public education funds schemes is just a technique to give equality among taxpayers at all levels such as property and other tax burdens. Domestic property taxes such as sales and income taxes are some of the main sources of California’s pubic education funds. In addition, these collection sources are supplemented with money from the California’s state lottery, federal government and other sundry public education funds collected domestically by school territories. The following diagram represents that how the public education funds were collected in California during the period of 2002-2003. K-12 Funding Comes From Five Sources (Ana, 2004) State Aid State aid collected mostly from California’s sales and income taxes. Property Taxes During the period of 2005-2006, property taxes were collected domestically and distributed to all schools through a formula determined by state.   Federal Aid Federal aid was appropriated for some especial purposes such as special children’s education, child nutrition programmes, child left behind programmes and so forth. Domestic Miscellaneous   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Domestic miscellaneous funds included, interest income, revenue generated from domestic parcel tax elections, communality contributions and so on. Lottery California state lottery funds were collected on behalf of public education funds on per student basis. Proposition 98 Proposition 98, the provisions of a voter initiative, this law define the responsibility of each state, under this rule every state is bound to contribute in K-12 community and education colleges. This public education funding contains both domestic property tax revenues and state monies. As far as amount of guarantee is concerned, it is determined by using a set of formulas dictated by law. Since the year 1988, one of the most crucial factors for the determination of amount of revenue received by the public schools is the calculation of the minimum guarantee, because of the passage of Proposition 98. In addition, proposition ninety-eight insures a minimal level of funding for public education. Proposition ninety-eight funds represents about eight dollar out of every ten dollar apportioned to K-12 education in California. As mentioned above, California’s public education funds, other sources include domestic sundry resources, federal government, and lottery, which shared twenty percent in Public education funds.   (Williams, 1980) Legally speaking, a minimum of thirty-four of the receipts from the California state lottery should have to be allocated to public educational institutes. Moreover, the apportioned money for each student basis, should have to be used only for instructional uses and not for research and development (R&D) purposes. In the year 2000, Proposition 20 was approved and accepted by the voters, which required that instructional materials should be considered and given due importance by half of any increment in the share of revenue collected from the lottery for the education. For the year 2005, as well as, 2006, approximately $146 per pupil was received by the districts from the above-mentioned source, from which, instructional materials were bought by roughly $25 from the total amount per student. The domestic sundry category of funds per annum shows about six percent of entire revenue collected for K-12 schools. Moreover, this public education funding was separate from domestic tax incomes the state control. It came from the sources that were domestically administered, that income generated from cafeteria sales, income from lease, income from sale of territory property and so forth. Interestingly, for less than twenty percent territory in the state, a significant source of domestic sundry income was the voter-approved domestic parcel taxes. In reality, these were some of the special types of property taxes, which were not related to the value of property. Nonetheless, according to some of the experts, one of the most important policies on the domestic level is the education system in the United States. The implementation of American ideology in the lives of American people is represented by the education system of the country, and due significance should be provided in this regard, which has been given in the past, and must be given in the coming years. (Hutchins, 1961) In the United States, both government and public are expecting a lot from educational institutions like school and colleges. In the past, educational institutes were being gainsaid to fit the demand of a country’s economy that is increasingly oriented towards knowledge in all respects and information skills. (Hutchins, 1961) At both federal and state level, present American legislative has made some changes in educational funding system and have created some new systems that will test educational institutes’ teachers’ and students’ performance. In the light of present ongoing changes in public education financing system, many experts have already said that these ongoing policies will advance education level. Conclusively, the paper has tried to study different aspects and perspectives of public education system across the world, and specifically, in the United States. It was noted during the paper that during the last few years, in order to get maximum funds for pubic education, different states of the US have made significant changes in public education funding system. Every year, all the states contribute hundreds of billions of dollars on education financing. Moreover, various features of the government financing on the federal, state, as well as, community level were discussed in the paper. Lastly, different characteristics related to the funding of the education system in the country were studied and evaluated during the paper, which will support the better understanding of its funding by the students, experts, and policy makers in the future.   References   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Kenneth Forbis Jordan. (1992). Financing Public Education in an Era of Change. Phi Delta Kappa Educational Foundation.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   National Association of Secondary School Principals. (1972). Financing Public Education. National Association of Secondary School Principals.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Lee Orville Garber. (1964). The Law Governing the Financing of Public Education. Interstate Printers and Publishers.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Mary Frase Williams. (1980). The Public School and Finances. Pilgrim Press.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Clayton Darius Hutchins. (1961). Trends in Financing Public Education, 1929-30 to 1959-60. U.S. Department of Health Education.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Otto Santa Ana. (2004). Tongue-Tied. Rowman & Littlefield.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ellwood Patterson Cubberley. (1916). Public School Administration. Houghton Mifflin Co.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Charles Elliot Fitch. (1904). the Public School. J. B. Lyon Company Printers.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Joseph Mayer Rice. (1893). the Public-School System of the United States. The Century Co.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Albert J. Richter. (1986). the Impact of the Rural Recession on Public School Financing and Programs. NEW Professional Library.

Saturday, September 14, 2019

Contract Act 1872

Legal Aspects Of Business – Indian Contracts Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law. CitationAct No. 9 of 1872 Enacted byParliament of India Date enacted25 April 1872 Date commenced1 September 1872 The law relating to contracts in India is contained in Indian Contract Act, 1872. The Act was passed by British India and is based on the principles of English Common Law. It is applicable to the All States of India except the State of Jammu & Kashmir. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them.All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties in India. History The Indian Contract Act came into force on 1 September 1872. It Was Enacted Mainly With a View To ensure Reason able Fulfillment of Expectation Created By the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties.The Third Law commission of British India formed in 1861 under the stewardship of chairman Sir John Romilly, with initial members as Sir Edward Ryan, R. Lowe, J. M. Macleod, Sir W. Erle (succeeded by Sir. W. M. James) and Justice Wills (succeeded by J. Henderson), had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25 April 1872 and the Indian Contract Act, 1872 came into force with effect from 1 September 1872. Before the enactment of the Indian Contract Act, 1872, there was no codified law for contract in India.In the Presidency Towns of Madras, Bombay and Calcutta law relating to contract was dealt with the Charter granted in 1726 by King George I to the East India Company. Thereafter in 1781, in the Presidency Towns, Act of Settlement passed by the B ritish Government came into force. Act of Settlement required the Supreme Court of India that questions of inheritance and succession and all matters of contract and dealing between party and party should be determined in case of Hindu as per Hindu law and in case of Muslim as per Muslim law and when parties to a suit belonged to different persuasions, then the law of the defendant was to apply.In outside Presidency Towns matters with regard to contract was mainly dealt with English Contract Laws; the principle of justice, equity and good conscience was followed. Development The Act as enacted originally had 266 Sections, it had wide scope and included. General Principles of Law of Contract::::::::: 1 to 75 Contract relating to Sale of Goods::::::::::::76 to 129 Special kinds of Contracts (includes indemnity, guarantee, bailment & pledge:::::::::::::::::125 to 238 Contracts relating to Partnership::::::::::::239 to 266 Indian Contract Act embodied the simple and elementary rules rel ating to Sale of goods and partnership. The developments of modern business world found the provisions contained in the Indian Contract Act inadequate to deal with the new regulations or give effect to the new principles. Subsequently the provisions relating to the sale of goods and partnership contained in the Indian Contract Act were repealed respectively in the year 1930 and 1932 and new enactments namely Sale of Goods and Movables Act 1930 and Indian Partnership act 1932 were re-enacted. At present the Indian Contract Act includes:General Principles of Law of Contract:::::: 1 to 75 Special kinds of Contracts (includes indemnity, guarantee, bailment & pledge::::::::::::::::::::::::::125 to 238 Definition Section 2(h) of the Act defines the term contract as â€Å"any agreement enforceable by law†. There are two essentials of this act, agreement and enforceability. Section 2(e) defines agreement as â€Å"every promise and every set of promises, forming the consideration for each other. † Again Section 2(b) defines promise in these words: â€Å"when the person to whom the proposal is made signifies his assent there to, the proposal is aid to be accepted. Proposal when accepted, becomes a promise. † And other words Say Agreement is Sum of all contract are agreement, but all agreement are not contract.. ?CONTRACT=AGREEMENT+ENFORCEABLE BY LAW( LAW) Essential Elements of a Valid Contract According to Section 10, â€Å"All agreements are contracts, if they are made by the free consent of the parties, competent to contract, for a lawful consideration with a lawful object, and not hereby expressly to be void. † Essential Elements of a Valid Contract are: 1.Proper offer and proper acceptance. there must be an agreement based on a lawful offer made by person to another and lawful acceptance of that offer made by the latter. section 3 to 9 of the contract act, 1872 lay down the rules for making valid acceptance 2. Lawful consideration: An agr eement to form a valid contract should be supported by consideration. Consideration means â€Å"something in return† (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful. 3.Competent to contract or capacity: In order to make a valid contract the parties to it must be competent to be contracted. According to section 11 of the Contract Act, a person is considered to be competent to contract if he satisfies the following criterion: The person has reached the age of maturity. The person is of sound mind. The person is not disqualified from contracting by any law. 4. Free Consent: To constitute a valid contract there must be free and genuine consent of the parties to the contract. It should not be obtained by misrepresentation, fraud, coercion, undue influence or mistake. . Lawful Object and Agreement: The object of the agreement must not be illegal or unlawful. 6. Agreement not declared voi d or illegal: Agreements which have been expressly declared void or illegal by law are not enforceable at law; hence they do not constitute a valid contract. 7. Intention To Create Legal Relationships:- when the two parties enter in to an agreement,there must be intention to create a legal relationship between them †¦ if there is no such intention on the part of the parties .. there is no contract between them .. greements of a social or domestic nature do not contemplate legal relationship;as such they are not contracts. 8. Certainty, Possibility Of Performance 9. Legal Formalities 10. By surety Types of contracts On the basis of validity: 1. Valid contract: An agreement which has all the essential elements of a contract is called a valid contract. A valid contract can be enforced by law. 2. Void contract[Section 2(g)]: A void contract is a contract which ceases to be enforceable by law. A contract when originally entered into may be valid and binding on the parties. It may su bsequently become void. There are many judgments which have stated that where any crime has been converted into a â€Å"Source of Profit† or if any act to be done under any contract is opposed to â€Å"Public Policy† under any contract—than that contract itself cannot be enforced under the law- 3. Voidable contract[Section 2(i)]: An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of other or others, is a voidable contract. If the essential element of free consent is missing in a contract, the law confers right on the aggrieved party either to reject the contract or to accept it.However, the contract continues to be good and enforceable unless it is repudiated by the aggrieved party. 4. Illegal contract: A contract is illegal if it is forbidden by law; or is of such nature that, if permitted, would defeat the provisions of any law or is fraudulent; or involves or implies injury to a person or proper ty of another, or court regards it as immoral or opposed to public policy. These agreements are punishable by law. These are void-ab-initio. â€Å"All illegal agreements are void agreements but all void agreements are not illegal. † 5.Unenforceable contract: Where a contract is good in substance but because of some technical defect cannot be enforced by law is called unenforceable contract. These contracts are neither void nor voidable. On the basis of formation: 1. Express contract: Where the terms of the contract are expressly agreed upon in words (written or spoken) at the time of formation, the contract is said to be express contract. 2. Implied contract: An implied contract is one which is inferred from the acts or conduct of the parties or from the circumstances of the cases.Where a proposal or acceptance is made otherwise than in words, promise is said to be implied. 3. Quasi contract: A quasi contract is created by law. Thus, quasi contracts are strictly not contracts as there is no intention of parties to enter into a contract. It is legal obligation which is imposed on a party who is required to perform it. A quasi contract is based on the principle that a person shall not be allowed to enrich himself at the expense of another. On the basis of performance: 1. Executed contract: An executed contract is one in which both the parties have performed their respective obligation. . Executory contract: An executory contract is one where one or both the parties to the contract have still to perform their obligations in future. Thus, a contract which is partially performed or wholly unperformed is termed as executory contract. 3. Unilateral contract: A unilateral contract is one in which only one party has to perform his obligation at the time of the formation of the contract, the other party having fulfilled his obligation at the time of the contract or before the contract comes into existence. 4.Bilateral contract: A bilateral contract is one in whic h the obligation on both the parties to the contract is outstanding at the time of the formation of the contract. Bilateral contracts are also known as contracts with executory consideration. Offer Proposal is defined under section 2(a) of the Indian contract Act, 1872 as â€Å"when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence, he is said to make a proposal/offer†. Thus, for a valid offer,the party making it must express his willingness to do or not to do something.But mere expression of willingness does not constitute an offer. An offer should be made to obtain the assent of the other. The offer should be communicated to the offeree and it should not contain a term the non compliance of which would amount to acceptance. Classification of Offer 1. General Offer: Which is made to public in general. 2. Special Offer: Which is made to a definite person. 3. Cross Of fer: Exchange of identical offer in ignorance of each other. 4. Counter Offer: Modification and Variation of Original offer. 5. Standing, Open or Continuing Offer: Which is open for a specific period of time.The offer must be distinguished from an invitation to offer. Invitation to offer â€Å"An invitation to offer† is only a circulation of an invitation to make an offer, it is an attempt to induce offers and precedes a definite offer. Acceptance of an invitation to an offer does not result in formation of a contract and only an offer emerges in the process of negotiation. A statement made by a person who does not intend to bound by it but, intends to further act, is an invitation to offer. Acceptance According to Section 2(b), â€Å"When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. Rules: 1. Acceptance must be absolute and unqualified. 2. Communicated to offeror. 3. Acceptance must be in the mode prescribed. 4. Acceptance must be given within a reasonable time before the offer lapses. 5. Acceptance by the way of conduct. 6. Mere silence is no acceptance. Silence does not per-se amounts to communication- Bank of India Ltd. Vs. Rustom Cowasjee- AIR 1955 Bom. 419 at P. 430; 57 Bom. L. R. 850- Mere silence cannot amount to any assent. It does not even amount to any representation on which any plea of estoppel may be founded, unless there is a duty to make some statement or to do some act 7. ffree and offerer must be consent Lawful consideration According to Section 2(d), Consideration is defined as: â€Å"When at the desire of the promisor, the promisee has done or abstained from doing, or does or abstains from doing, or promises to do or abstain something, such an act or abstinence or promise is called consideration for the promise. â€Å"Consideration† means to do something in return. In short, Consideration means quid pro quo i. e. something in return. An agreement must be supported by a lawful consideration on both sides. The consideration or object of an agreement is lawful, unless and until it is: forbidden by law, or s of such nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the court regards it as immoral, or opposed to public policy. consideration may take in any form-money,goods, services, a promise to marry, a promise to forbear etc. Contract Opposed to Public Policy can be Repudiated by the Court of law even if that contract is beneficial for all of the parties to the contract- What considerations and objects are lawful and what not-Newar Marble Industries Pvt.Ltd. Vs. Rajasthan State Electricity Board, Jaipur, 1993 Cr. L. J. 1191 at 1197, 1198 [Raj. ]- Agreement of which object or consideration was opposed to public policy, unlawful and void- – What better and what more can be an admission of the fact that the consideration or object o f the compounding agreement was abstention by the board from criminally prosecuting the petitioner-company from offence under Section 39 of the act and that the Board has converted the crime into a source of profit or benefit to itself.This consideration or object is clearly opposed to public policy and hence the compounding agreement is unlawful and void under Section 23 of the Act. It is unenforceable as against the Petitioner-Company. Competent to contract Section 11 of The Indian Contract Act specifies that every person is competent to contract provided: 1. He should not be a minor i. e. an individual who has not attained the age of majority i. e. 18 years. 2. He should be of sound mind while making a contract. A person with unsound mind cannot make a contract. 3. He is not a person who has been personally disqualified by law. 4. not pardanashin women.Free Consent According to Section 14, † two or more persons are said to be consented when they agree upon the same thing in the same sense (Consensus-ad-idem). A consent is said to be free when it is not caused by coercion or undue influence or fraud or misrepresentation or mistake. Elements Vitiating free Consent 1. Coercion (Section 15): â€Å"Coercion† is the committing, or threatening to commit, any act forbidden by the Indian Penal Code under(45,1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. . Undue influence (Section 16): â€Å"Where a person who is in a position to dominate the will of another enters into a contract with him and the transaction appears on the face of it, or on the evidence, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in the position to dominate the will of the other. † 3.Fraud (Section 17): â€Å"Fraud† means and includes any act or concealment o f material fact or misrepresentation made knowingly by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract. 4. Misrepresentation (Section 18): † causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement†. 5.Mistake of fact (Section 20): â€Å"Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void†. Performance Of Contracts The promise under a contract can be performed, as the circumstances may permit, by the promisor himself, or by his agent or his legal representative. 1. Promisor himself: â€Å"The contracts which involve the exercise of personal skill must be performed by the promisor himself. 2. Agent: â€Å"Where personal skill is not required, the promisor may appoint his agent to perf orm it. . Representatives: â€Å"On the death of the promisor, the legal heirs of the promisor must perform the contract unless a contrary intention appears in the contract. (section 37) 4. Third persons: â€Å"When a promisee accepts performance from a third person, he cannot afterwards enforce it against promisor†. 5. Joint promisors: â€Å"When two or more persons have made a joint promise, all such persons must jointly fulfil the promise, unless a contrary intention appears from it†. AgencyIn law, the relationship that exists when one person or party (the principal) engages another (the agent) to act for him, e. g. to do his work, to sell his goods, to manage his business. The law of agency thus governs the legal relationship in which the agent deals with a third party on behalf of the principal. The competent agent is legally capable of acting for this principal vis-a-vis the third party. Hence, the process of concluding a contract through an agent involves a two fold relationship.On the one hand, the law of agency is concerned with the external business relations of an economic unit and with the powers of the various representatives to affect the legal position of the principal. On the other hand, it rules the internal relationship between principal and agent as well, thereby imposing certain duties on the representative (diligence, accounting, good faith, etc. ). Under section 201 to 210 an agency may come to an end in a variety of ways: (i) By the principal revoking the agency – However, principal cannot revoke an agency coupled with interest to the prejudice of such interest.Such Agency is coupled with interest. An agency is coupled with interest when the agent himself has an interest in the subject-matter of the agency, e. g. , where the goods are consigned by an upcountry constituent to a commission agent for sale, with poor to recoup himself from the sale proceeds, the advances made by him to the principal against the security of the goods; in such a case, the principal cannot revoke the agent’s authority till the goods are actually sold, nor is the agency terminated by death or insanity. Illustrations to section 201) (ii) By the agent renouncing the business of agency; (iii) By the business of agency being completed; (iv) By the principal being adjudicated insolvent (Section 201 of The Indian Contract Act. 1872) The principal also cannot revoke the agent’s authority after it has been partly exercised, so as to bind the principal (Section 204), though he can always do so, before such authority has been so exercised (Sec 203).Further, as per section 205, if the agency is for a fixed period, the principal cannot terminate the agency before the time expired, except for sufficient cause. If he does, he is liable to compensate the agent for the loss caused to him thereby. The same rules apply where the agent, renounces an agency for a fixed period. Notice in this connection that want of skill con tinuous disobedience of lawful orders, and rude or insulting behavior has been held to be sufficient cause for dismissal of an agent.Further, reasonable notice has to be given by one party to the other; otherwise, damage resulting from want of such notice, will have to be paid (Section 206). As per section 207, the revocation or renunciation of an agency may be made expressly or impliedly by conduct. The termination does not take effect as regards the agent, till it becomes known to him and as regards third party, till the termination is known to them (Section 208). When an agent’s authority is terminated, it operates as a termination of subagent also. (Section 210)