Wednesday, August 26, 2020

Contract Law Problems Essay Example | Topics and Well Written Essays - 1000 words

Agreement Law Problems - Essay Example ..any laws or guidelines coordinated toward upholding certain guarantees. In Australia contract law is principally controlled by the 'custom-based law', yet progressively rules are enhancing the custom-based law of agreement - especially corresponding to buyer security. â€Å" (Clarke, 2011). This law was once in the past referred to in lawful circles as the Trade Practices Act of 1974 yet was authoritatively renamed The Competition and Consumer Act 2010 on January 1, 2011 because of specific revisions that were made that â€Å"included a nullification of Part IVA (unconscionable lead), Part V (Consumer Protection, including s 52), Part VA (Manufacturer's Liability) and Part VC (offenses). The substance of the arrangements that were contained in those parts is presently contained in Schedule 2 of the Act which will be known as the 'Australian Consumer Law' and which, by temperance of empowering state and domain enactment, contains Australia's first broadly predictable customer law. â€Å" (Clarke, 2011). One must remember that a composed agreement is legitimately authoritative at the hour of marking and can't be changed nor denied because of specific conditions that got present after the agreement has been agreed upon. By marking an agreement, it turns into a lawfully restricting guarantee on both contracting gatherings to finish a settled upon commitment. Australian law necessitates that a specific situation must be available at the hour of the understanding for the composed archive to turn into a legitimate agreement. These components incorporate â€Å" a trading off offer and acknowledgment, thought, aim to make legitimate relations, consistence with any lawful conventions and that the gatherings have the lawful ability to contract. â€Å" (Clarke 2010). The agreement that Watertankz went into with Harry explicitly point by point what he needed to do as a customer so as to make the record that contained their value quote into a legitimately restricting agreement. To be explicit, their letter of correspondence plainly showed that all Harry needed to do was â€Å"please sign the encased terms and states of offer report and mail it back to us along with a 10% store. The statement is substantial until June 30 â€Å". I would then solicit Harry to observe from the legitimacy date of the statement that was sent to him, June 30. Under the understanding that was proposed and affirmed by the organization signatories, his privileges as their customer and their commitment to satisfy the understanding is unmistakably illuminated. For whatever length of time that Harry signs the record and gets the report and the check store via the post office before June 30, the agreement is presently lawfully authoritative. Thusly, there are currently lawful endorses set up ought to either party choose to renege on their arrangement before the cutoff time (Government of South Australia, Contract Law, 2009). Much the same as some other organization in the open assistance, the cost of Watertankz supplies and other relevant materials may see an expansion in cost at some random second. Which is actually what occurred on account of Harry. The expense of materials for Watertankz rose strongly on the main day of June, which would cut into their net revenue or post a shortfall for their organization profit. Thus, it us justifiable that they modify their costs in like manner. In any case, the law of agreements obviously demonstrates that they can't reject and formal agreement offers that they shut inside a particular time span, paying little mind to the expansion in costs for their own organization. The law as a result, ensures the

Saturday, August 22, 2020

Benchmarks And Goal Setting Education Essay Free Essays

Grown-up researchers carry a specific arrangement of fortunes to the plain cluster when they chose to go on their guidance. Their finishes will in general be extremely unique in relation to those of more youthful researchers. They will in general pass on a bunch of life encounters with them that influence the way they see larning. We will compose a custom paper test on Benchmarks And Goal Setting Education Essay or on the other hand any comparative theme just for you Request Now The benchmarks that they set ought to be truly come-at-capable and mensurable so the researcher can understanding as though they are doing the progression that they need to. Grown-up researchers are truly objective situated. They need to see that they are doing headway and want to achieve achievement. Numerous adult researchers feel at danger in an instructive so as to achieve a fruitful and synergistic meeting, facilitators must demo their respect and backing for adult researchers. Puting single closures and mensurating achievement is an essential achievement for some researchers today. Contingent upon the individual, finishes might be set intentionally or subliminally. On the off chance that this methodology is applied to the obtaining condition understudies ought to be given the apparatuses of objective scene and achievement observing. A figure of research laborers have proposed that objective setting examples can be utile, can affect scholarly achievement and can hinder understudy scraped area. In add-on, it was proposed that providing non only objective setting designs however next to joining these examples with progress input can hold a much more noteworthy outcome on scholarly achievement than convey oning objective setting exercises completely without advantage of instructor criticism. It has been indicated that the undermentioned three boss variables, defining objectives, self-appraisal of open introduction against the closures, and having instructor in put have been generally useful for researchers in achieving achievement ( Kato, 2009 ) . Andragogy is perchance the principal securing hypothesis explicitly for adults. It follows the reason that adults learn in any case than kids since they have had more beneficial encounters and are independent. It other than holds that data must be utilized not long after its introduction for adults to acknowledge and assimilate the securing. Also, Knowles distinguishes a few nations that characterize the way adults learn. Grown-up researchers have extraordinary exchange of understanding to add to the obtaining condition. Teachers can regularly use this as an asset. Grown-ups hope to hold a high evaluation of effect on instructive subjects and how they are to be taught. Grown-ups need dynamic commitment in planing and actualizing their instructive plans. Grown-ups must perceive the importance of any new procurement. Grown-up researchers look frontward to holding a high evaluation of effect on how their procurement will be assessed. Grown-ups expect their criticism on the arrangement à ¢â‚¬Ëœs headway to be followed up on in an auspicious way ( Kelly, 2006 ) . Grown-up researchers are truly objective arranged. They need to see that they are doing progression and want to achieve. Numerous adult researchers feel at danger in an instructive scene. Confidence and pomposity can be undermined in a situation that is non seen as sheltered and strong. So as to achieve a fruitful and synergistic meeting, facilitators must demo their respect and backing for adult researchers ( Kelly, 2006 ) . Self-ruling obtaining ( SDL ) achievements are the oftentimes the establishment of belly to-tomb securing. Instructing means to achieve in any event two vital finishes for all students: to build comprehension as to curious substance and to create achievements that will work understudies great, even past the earth of a particular class. It has been discovered that from a schoolroom test that was intended to quantify understudy open introduction with respect to the second finish of aptitude obtaining, explicitly the achievement of self-governing securing ( SDL ) was a large portion of import ( Dynan, Cate and Rhee, 2008 ) . A fruitful objective setting technique that centers around heading and securing is cardinal to acceptable instructive example. Puting closes permits adult guidance understudies to specify what they need to help through and gives a benchmark to both single and plan open introduction. Objective scene is a synergistic method that includes researchers in, setting and entering their closures, discovering whether the finishes are come-at-capable and mensurable, making a course of events for achieving them dependent on a proper instructional program and applicable procurement exercises and set uping an office for occasional reappraisal and change of their closures ( NRS Tips: Learner Goals and NRS Goalsaa‚â ¬ † Making the Connection, n.d. ) . The best closures that can be set regularly have five essential highlights: Exact finishes let students cognize what they are trying for and give them an unmistakable imprint at which to take. Quantifiable closures permit students to cognize when they have accomplished their finishes. Accomplishable closures are those inside a studentaa‚â ¬a„?s run. Sensible finishes accomplish a harmony between compelling students to their limits and non upsetting them. Time-restricted closures make due day of the months that push students to complete an end. A course of events ought to remember intermittent checks for headway ( NRS Tips: Learner Goals and NRS Goalsaa‚â ¬ † Making the Connection, n.d. ) . Setting up adult researcher closes characterizes the nations wherein heading and procurement will be centered in add-around to providing a benchmark by which plans and students study progression. To work this twofold goal, it is key to recognize short and since quite a while ago run mileposts. It is important to refresh the studentaa‚â ¬a„?s end decision if their situation changes. It might be fit to abridge the pick of specific finishes when their decision is wrong. Projects must flexibly direct with the goal that adult researchers select depicting closes that are reasonable. Plans are urged to use presence of mind while helping understudies pick closes ( Requirements for Student Intake and Description of OAE Adult Learner Assessment Policies and Procedures, 2008 ) . Physical and subjective modifications that accept topographic point as individuals age are of import to watch since they can hold an effect on adult obtaining and on the finishes that they set: More seasoned understudies have more slow response times than more youthful researchers. They need more clasp to larn new things as they age, all things considered, when adults can order the walk of securing, they can often strongly balance for their insufficiency of speed and larn new things effectively. Vision regularly decreases from the age of 18 to 40. After 40 there is a fresh reduction for the accompanying 15 mature ages, however after age 55 the lessening in vision happens at a more slow rate. Around at age 70 a people hearing Begins to compound forcefully and an individual starts sing employments with pitch, volume, and pace of reaction. Loss of hearing can be made up for through the use of hearing AIDSs, yet every now and again more established students might be humiliated by their hearing misfortune and experience less sure. This decrease in confirmation can go a more noteworthy hinderance to larning than the physical disablement. Hardly any progressions have been found in both centripetal and short-run memory as an individual ages, yet long haul memory decreases. More established adults have a harder clasp geting and recouping data and they experience inconveniences in framing new stuff and in treating it. More established adults are non each piece capable as more youthful researchers in preliminaries of callback, however the contrasts among more seasoned and more youthful researchers in preliminaries of affirmation are nearly nothing or missing. At the point when logical obtaining strategies are utilized, less reductions have been found in the memory technique as an individual ages. The most employments with memory for more seasoned researchers happen with futile obtaining, complex securing, and the procurement of new things that require reappraisal of old securing ( Adult Learning, n.d. ) . Choice Grown-up researchers carry a specific arrangement of fortunes to the plain cluster when they chose to go on their guidance. Their finishes are extremely not quite the same as those of more youthful researchers as a result of the way that they have so much beneficial experience to trust upon. The benchmarks that they set should be non just come-at-capable yet alongside should be extremely mensurable so the researcher can understanding as though they are doing the progression that they need to. Instructions to refer to Benchmarks And Goal Setting Education Essay, Essay models

Friday, August 14, 2020

Tattooing Is An Art Form Example

Tattooing Is An Art Form Example Tattooing Is An Art Form â€" Essay Example > Tattooing is an Art FormIntroductionTattooing remains to be one of the greatest human artistic expressions with the longest history. Background information provides that tattooing is a story for global cultural exchange that was started as an art. While scholars have attempted to argue that the term came from ‘tatau’ (denoting ‘art’ in Samoan and Tahitian), the history of tattoo as an art stretches beyond these views. Perhaps conceptualizing periods when the islands of the Pacific that European sailors met the body art. Research studies that have attempted to interview tattooed people have indicated that decisions for tattooing were because it is a fascinating art (Timming 2015). On the other hand, the socio-genesis researches that have surveyed the aspect of tattoo with regard to art and cult found that the practice did not only originate as art but were considered as artistic expressions done through body markings (Atkinson 2003). The historical perspectives of tattooist s have provided different approach in which studies have conceptualized the aspect of tattoo. Research surveys on background information of tattoo have realized that tattooists considered their works as an art for museum treasures---an art intended to make humankind in touch with the universe’s creative impulse. On the other hand, there have been arguments that some tattooing elements are not fit enough to be associated with art. These arguments have often associated tattoo with cult. While the arguments on the artistic nature of tattoo remains multifaceted, this study critically assess the extent to which tattoo is indeed an art. Premised on the thesis statement or contention that indeed tattooing is an art, the essay will review contemporary studies that have argued for and against the contention. Tattooing has a Long History as ArtJust like any other art, tattooing has a long history for many centuries, which has delivered different meaning in each country. Researching on “ The Sociogenesis of a Body Art” Atkinson (2003), the scholar interviewed tattooed individuals and tattooists and his conclusion on the data collected likened the history of tattoo to any other form of art. His case study is centralized on elements such as cosmetic surgery and body piercing. For as long as body piercing and cosmetic surgeries share the same history as tattooing, there is paucity of comprehensive research that have contested the artistic nature of tattoo. The point of argument Atkinson (2003) attempts to develop is that body piercing is already considered an art not because of its uniqueness or resemblance with other forms of art but because it shares the same sociological origin with other forms of art. Additionally, just like cosmetic surgery and body piercing, Atkinson (2003) finds through evidence based literatures that tattooing is an art made to represent one’s personality and social backgrounds. Conversely, there is an indication, from tattooed individual s and tattooist that for many decades, tattooing has delivered different meaning as an art. These meanings have been conceptualized differently depending on social set up of each country. The empirical findings by Atkinson (2003) have also been supported by Baumann, Timming and Gollan (2016) who have shown that the long history of tattoo qualifies it as an art. According to results from their surveys and interviews, every country has unique expressions of tattoos as artistic symbols that represents or resonates well with a given cultural belief. The scholars observed that historically, American had considered tattoo as ‘undesirable’ class, what was once linked with biker or criminal milieu slowly transformed, over decades, to be regarded as one of the artistic expressions used to communicate personal style. Indeed, the history stretches to the period when artists who travelled on the voyages sketched different designs on their bodies that were later found on the island; this wa s perhaps the origin of the creative artwork.

Sunday, May 24, 2020

Apple one of the best company in today century. Apple was...

Apple one of the best company in today century. Apple was started in 1976 by two handsome guys, Steve Job and Steve Wozniak. Job and Wozniak meet each other through a mutual friend they both knew. They had some much in common and one of those was the love for electronic. Wozniak use too designs computers before he meets jobs, so he was very advance when it comes to electronics and designing computer, it was Jobs intelligent and creative thinking made these two a perfect match. Job and Wozniak were both 21 of age when they started Apple computer. They started this little business in Jobs family garage. In order to make money to buy equipment Jobs and Wozniak had to both sacrifice something valuable so they can raise money.†¦show more content†¦Steve Jobs enlightens his personal knowledge and thoughts to enforce others to follow their passion and occupation without caring about inessential element. In 2003, Steve Jobs was diagnosed with cancer. Doctor told him that he will on ly live for six months. However, came to find out that the cancer could be cured by surgery. After this devastating experience, Steve said, â€Å"Remembering that you are going to die is the best way to avoid the trap of thinking you have something to lose† (Jobs). He also says make each day count and treat them like if it were your last. It is the best way to not get held back. There will be so many obstacles that you will come across but never let this slow you down, you have to be strong leap over those obstacles and reach for your destiny. Steve Job never let his sickness be an excuse for him to stop working. This company meant so much to Steve job and he work 24/7 just to come up with new creative electronic. As of today, Apple has come out with ton of great electronic. MacBook Air, iPod and iPhone, have all guided the progression of modern technology. Every time Apple releases a new product, competitors scramble to produce similar technologies. Apple product is very high in quality and that what make them different from competitor, its products are also unique and attractive and this has helped to increase its market shares. Since Apple is known globally, 54% of theirShow MoreRelatedManagement Course: Mba−10 General Management215330 Words   |  862 PagesHughes−Ginnett−Curphy The Art of M A: Merger/Acquisitions/Buyout Guide, Third Edition Reed−Lajoux and others . . . This book was printed on recycled paper. Management http://www.mhhe.com/primis/online/ Copyright  ©2005 by The McGraw−Hill Companies, Inc. All rights reserved. Printed in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval

Tuesday, May 12, 2020

Pancreatic Cancer - 2232 Words

The pancreas is a part of the endocrine system, and is located in the abdominal cavity surrounded by the liver, gallbladder, spleen, and stomach. The pancreas processes both exocrine and endocrine function. The exocrine function consists of the secretion of digestive enzymes into the duodenum through ducts. The enzymes digest starches and fats. The endocrine functions are a cluster of cells called the islets of Langerhans and only make up 2% of the pancreatic tissue. The islets of Langerhans is made up of three cells, alpha, beta, and delta. There function is to secrete hormones and paracrine products. The most important hormones secreted are insulin, glucagon, and somatostatin. Alpha cells secrete glucagon, which increase†¦show more content†¦Jaundice occurs when there is an increased amount of bilirubin in the blood, this occurs with liver involvement. The liver is the site of bilirubin breakdown and elimination into the stool. When the liver is affected by cancer it cannot excrete bilirubin effectively. A new diagnosis of Diabetes Militias can occur, due to the impaired function of the pancreas to secrete important hormones that control blood glucose. Splenomegaly is caused by blood flow backing up into the spleen, caused by compression of the portal vein by the tumor. Hepatomegaly is caused by tumor growth on the liver. Key Nursing assessment Assess for pain given the rate of metastasize cancer could affect many organ and become very pain full. Assess the presents of Jaundice. If Jaundice is present it gives a good indicator that the cancer has spread to gallbladder and liver. Fatigue is common among these patients. You will need a consult from PT, to assess their needs for assistance with mobility, ADL. Talk with patient about support system. Only 3% of individual’s diagnosed with pancreatic cancer live past 5 years. Most patient diagnosed pass away within the first year. Risk Factors The cause of pancreatic cancer is unknown, patient at risk are those between the age of 60 to 80 years old and with a history of smoking. Other factors for development of pancreatic cancer are Diabetes mellitus, chronic pancreatitis,Show MoreRelatedPancreatic Cancer : The Cancer1084 Words   |  5 PagesPancreatic Cancer Pancreatic cancer is the cancer of the pancreas. The pancreas is an organ between the spine and the stomach, and is about 6 inches long. The pancreas is also made up of two major components named the exocrine and the endocrine. A person has to have a pancreas to survive and this cancer can cause a rapid decline in health and eventually death. To prevent this cancer, a person needs to stop smoking, maintain a healthy weight, and check up with your sugar. Stop Smoking The problemRead MoreEssay On Pancreatic Cancer750 Words   |  3 PagesSurgery: Localized Disease Approximately 20% of pancreatic cancer is found to be operable or resectable. The complete resection of the primary lesion is best treatment for patients with localized pancreatic cancer. However the risk of both local and distal recurrence is high in following resection. In early stage pancreatic cancer the complete resection are associated with considerable morbidity in 40–60% of patients and mortality in less than 3% of patients (Sohn et al., 2000; Winter et al., 2006)Read MoreCauses And Treatment Of Pancreatic Cancer1573 Words   |  7 PagesPancreatic Cancer What exactly is the pancreas it is an organ that makes insulin and enzymes for digestion. The pancreas is located behind the lower part of the stomach and is about the size of a hand (National Institute of Health, n.d.). Pancreatic cancer is a disease that targets the Pancreas. Can start out as pancreatitis, which can be acute inflammation of the pancreas or the hereditary and even the deadliest chronic pancreatitis. The chronic form can devastate and debilitate the patient thisRead MorePancreatic Cancer : Cancer And Cancer974 Words   |  4 PagesPancreatic cancer occurs when build up of cancerous cells develop within the tissues of the pancreas. The build up of those cells can go on undetected for quite some time before pain or any symptoms show themselves. Also some of the pains can be mistaken for symptoms of some other less severe conditions. The pancreas is the organ that produces digestive juices and hormones that regulate blood sugar. Cells called exocrine pancreas cells pr oduce the digestive juices, while cells called endocrine pancreasRead MoreSymptoms And Treatment Of Pancreatic Cancer1763 Words   |  8 Pagespancreas (IPMN-p) are one of the subtypes of cystic neoplasms of the pancreas. They are neoplasms that arise in the pancreatic ducts and can be visualized as they are usually greater than 0.5 inch in length. They are comprised of tall mucin-producing columnar cells, that have the capability of transforming into pancreatic cancer if left untreated. Their ability to develop into pancreatic cancer is one of the main reasons behind their significance. IPMNs commonly exhibit cell atypia, papillary propagationRead MoreThe Truth About Pancreatic Cancer Essay1338 Words   |  6 Pages1.1 Pancreatic cancer Pancreatic cancer is a highly lethal disease that is ranked fourth among cancer-related deaths in Norway. 31 Yearly 600-650 new cases are detected, corresponding to 7 per 100 000 inhabitant. The survival rate five years after diagnosis is very low, at only 5 %. 19 Approximately 90 % of patients diagnosed with advanced pancreatic cancer survive less than one year, with a median survival of 5-6 months. The high mortality rate is connected to late diagnosis, early metastasis andRead MorePancreatic Cancer : A Form Of Cancer1273 Words   |  6 PagesPancreatic Cancer is a form of cancer in which malignant cancer cells invade the pancreas, a gland that produces digestive fluid and hormones that regulate blood sugar. There are two types of pancreatic cancer: exocrine and endocrine cancer. The malignant cells can infiltrate either the exocrine pancreatic cells, responsible for digestive fluid, or the endocrine pancreatic cells, responsible for regulatory hormones. If the pancreas’ ex ocrine cells are affected metabolic functions are slowed or stoppedRead MoreIntroduction Of Cancer And Pancreatic Cancer2209 Words   |  9 PagesI. Introduction of Cancer and Pancreatic Cancer The human body is composed of trillions of living cells. Normal body cells develop, split to make new cells, and perish in a systematized manner. During the course of a human’s primary years, they are still developing and normal cells divide more rapidly. When a child grows into an adult, majority of cells divide for the sole purpose of replacing exhausted, impaired, or dying cells. Cancer originates in cells that are part of the body that starts toRead MoreCauses And Treatments Of Pancreatic Cancer832 Words   |  4 PagesHailey Luckie English 1301 Mrs.Bacon 23 October 2015 Pancreatic Cancer Cancer is a number one cause of death in both men and women around the world. Pancreatic cancer holds a survival rate of just 6% of people surviving within five years after being diagnosed, and there is still no definite cure to the deadly diagnosis. A majority of pancreatic cancer patients fight a long, tiring battle that they usually cannot defeat. Although, this cancer may be very deadly there are many early diagnosis proceduresRead MoreCauses And Treatment Of Pancreatic Cancer2511 Words   |  11 PagesAbstract: Pancreatic cancer is one of the deadliest cancers with the 4th highest mortality amongst all cancers. Causes of such high mortality include rapid proliferation, late diagnosis and lack of treatment options available. New therapy aiming to decrease mortality in pancreatic cancer patients aim to work with oncolytic viruses to halt the cell cycle pathway. One of the more promising mutations is the E1A-CR2-deleted AD5 mutants however there are many different types of mutated viruses aimed at

Wednesday, May 6, 2020

Influence of Internet on Family Communication About Sexuality Free Essays

string(126) " and the children were more prone to discuss topics like drug abuse and alcohol with their children than other sexual topics\." The Influence of the Internet in Family Communication about Sexuality Christo Jose Central New Mexico Community College ABSTRACT The mass media are an increasingly accessible way for people to learn about and see sexual behavior. Out of all the mass media today, adolescents use the television and the internet more than any other media resource. The use of internet has risen exponentially in the last few years and within a year, it is estimated that 90% of all families with children will have access to the internet. We will write a custom essay sample on Influence of Internet on Family Communication About Sexuality or any similar topic only for you Order Now The word sex is the most popular search term used on the Internet today. The Internet may have both positive and negative effects on sexual health. Internet bombards the minds of the teens these days with images of sex almost every single day. Aside from the daily dose of sexuality and eroticism provided by the mainstream media, 50% of all adolescents have said that they have encountered unwanted pornographic material on the internet. Many studies have been conducted to determine the extent of communication between adolescents and parents about sexuality. It has often been shown that students are more likely to turn to friends and the media before discussing this topic with their parents. The availability of a large and wide scale of information on the internet and the freedom from the embarrassment of confrontation has compelled many adolescents in this path. Because of this, fewer families discuss sex and abstinence in their families. One study has found that the patterns of sexuality communication in a family are also dependent on the gender of the parents as well as the child. Preadolescents who have communicated with their parents about sexuality have been shown to go to their parents for more advice when they are older. The internet does play a very important role in children communicating with their parents about sexuality. The internet provides a wide array of information that can lead or mislead children based on where they look for information. Some studies show that the use of internet in families have reduced the family communication and has led to less and less time spent with the family. This leads to a strain in communication between the children and the parents and this lack of communication makes it uneasy on the children to go to their parents when in need of information about their sexuality. The mainstream mass media (movies, music, T. V. , magazines and the internet) provide frequent and sometimes explicit images of sexuality. Available studies show that the media do have an impact because the media keep sexual behavior on public and personal agendas, media portrayals reinforce a relatively consistent set of sexual and relationship norms, and the media rarely depict sexually responsible models. In the Unites States, children spent about a third of their time a day exposed to some form of mass media. Patterns of media use vary greatly based on age, gender, race/ethnicity and socioeconomic level. Thus, one can never be sure that a message sent out through any form of media is interpreted as the same by the various people exposed to them. The internet being a bottomless pit of information can never be fully trusted. Though the internet provides more explicit material on sex than any other media, most of these are along the lines of pornography and do more harm than good. The internet, being a product of normal people, isn’t always accurate and can provide information that are biased and may not always prove to be useful. The personal opinions and tips expressed in many websites aren’t usually based on any scientific or medical facts and can thus mislead children looking for information. In a study conducted in 1993, adolescents (aged 15-17) put their friends first, then parents and then the media for sources to acquire information about sexuality. Today, the media has risen in rank and leads as the main source of information for adolescents. Among the various forms of media, internet maintains the top spot. The anonymity provided by the internet is one of the main reasons for the children of these days turning to it for information. The risk of embarrassment and confrontation is negated behind the blinds of the computer screen. The extreme nature of some of the sexual content available causes students to misinterpret many things they see online and mislead them into thinking about the prevalence of some activities in real life. The media as a whole provides a picture that is far detached from the problems of real life and it has been shown that many teenagers strive to achieve that level of unnaturalness in their lives. Patterns of Sexuality Communication Between Preadolescents and Their Mothers and Fathers This was a study conducted to examine the extent of communication and the patterns of communication in various families between preadolescents and their parents. Each member of the triad completed a 10-item measure of communication about risk factors for sexual activity, sexual communication, and sexual risk prevention. A majority of parents and their preadolescents reported communication had occurred about most topics. Mothers and fathers were equally likely to communicate with sons whereas mothers were more likely to communicate with daughters than were fathers. Based on the study results, preadolescence may be the optimal time for parents to provide sexual risk prevention messages to their children before sexual behaviors are initiated. Parents and other family members play critical roles in shaping adolescent sexual behavior through their parenting practices, sexuality communications, and modeling of risk reduction strategies. Greater parental monitoring and less parental permissiveness are consistently related to later sexual initiation, less frequent sexual intercourse, less risky sexual behavior, fewer sexual partners, less pregnancy, and increased condom use among teens. The study found that overall, most preadolescents and their parents report that they have talked about risk factors, sexuality education and sexual risk prevention topics. The parents and the children were more prone to discuss topics like drug abuse and alcohol with their children than other sexual topics. You read "Influence of Internet on Family Communication About Sexuality" in category "Family" Discussion about condoms and abstinence were least reported. Looking at the study gender-wise, we see that boys have discussed their sexuality with both the parents to the same level and have reported doing so. In the case of daughters, the patterns show that they tend to go to their mothers more for information about sexuality. Dad-daughter pairs rarely reported discussing sexuality, menstruation and puberty. Preadolescents are the time of their lives when they internalize the messages they get from their parents. Children who have been educated at this time tend to not be affected peer relationships and the media as much as those who have not been. Children whose families communicate with each other abstain from risky behaviors and have more tendencies to be less influenced by the outside media. Thus parents need to be encouraged to communicate with their children about sexuality rather than letting them search for information outside the family circle. It is better to communicate with children at the age when they are more receptive to family communication. Family Relations and the Internet: Exploring a Family Boundaries Approach Introduction of internet into the family environment can influence and change the way of life in a family. The increase in the use of internet in families has prompted many researchers to see how it can influence everyday life. Connection to the internet opens a window of information to families about parenting, child’s education and family health. Many studies have also stated that the frequent use of the internet by family members have cut into the time spent as a family. This results in a lack of communication among the family members which can cause the children to go after various other media to fulfill their curiosities and the need for information. Most parents view the internet as a positive force in the life of their children and buy them computers and connect them to the internet to help them better at school, to do more research and to learn new things. Teens don’t always use the internet to match their parent’s expectations and in these conditions the positive force can turn into a source of conflict in the families. Conflict, if not handled well, can lead to a lack of communication or miscommunication among the family members. This can lead to a lot of assumptions and misconceptions that can surface from a child’s limited view of the internet. Another argument against the use of internet is the large hole it cuts into the child’s available time. Internet use is time consuming and it has been found that internet use in high frequency is directly responsible for the negative effects on family communication and closeness. All this studies are based on the conception that the communication between the family members is a closed system and that the internet cuts a hole in this closed fence. Communication in a family isn’t always related to the use of internet in every family. Many other factors play into this scenario. The schedules of the whole family are important and should be considered when something like this is examined. Dysfunctional families do not need the internet as a hindrance for the lack of communication among its members. Before the advent of the internet, there did exist many families who did not communicate properly within. Even with these arguments in favor of the internet, its effect on the family can not be withheld. It has been shown that frequent internet visitors go there for social purposes and their personality characteristics are influenced by this and differ from normal. Adolescents who use the internet for social and entertainment purposes seem to have more conflict with their family than those who used it for educational purposes. On the whole, it can be seen that increase in the time spent on the internet has had a negative impact on the family time and a positive impact on the family conflicts. Thus, the internet is directly linked to the decrease in family cohesion due to lack of communication and time spent together. CONCLUSION The three articles come to a conclusion about the nature of the influence the internet provides on family communication. Internet is a very useful resource and source of information and we can never deny its importance in everyday life. But, when we consider its influence on the young minds, we need to think about the advantages and the disadvantages. Depending on the point of view of a person, the internet can be good or bad. From the articles we can see that the families who spend a lot of time on the internet do seem to have more communication dysfunction than those who spend less time. This can be due to two different reasons. Adolescents these days depend on many different sources of information available to them to teach them about their sexuality and sometimes these resources can point them in the wrong direction. Children who don’t have a good communication rapport with their parents at a young age usually don’t develop a good communication bridge with their parents when they get older and the peer relationships are stronger. Some of the messages put across by the internet are factually wrong or morally incorrect and many children accept this as the truth due to lack of communication with parents. This leads to development of wrong set of ideas and can lead to various risky behaviors in the sexual context. The excessive amount of explicit sexual content available on the internet can confuse the minds of teens and younger children alike and can lead to a state of mind in which many of the things depicted may seem natural for them. This again leads to risky sexual behavior. Another way the internet seems to affect the family communication is by cutting into the time spent as a family. This goes hand in hand with the earlier mentioned fact as this leads to lack of communication between the parents and the children leading the children to go elsewhere in search of advice or information. The whole thing works as a circle in which the increased use of internet by children has a negative impact on family communication about sexuality. But it has been shown that parents who communicated with their children at a young age make an impact in their receptive minds and can thus strengthen the bond between the members of the family. This can lead to open communication in a family and thus the children can be educated properly and correctly about the various aspects of sexuality. From this, we can come to the conclusion that early development of a good bond with parents and the control of the use of internet (among many other factors) can help children grow up to be sexually responsible adults. Since I am already an adult, I will use this information I have gained in the future with my family. Making sure to have an open and trustful bond with my children would be my primary objective when bringing them up. I will try to communicate better with my family in that way and can teach my children things that I myself have gone to various places to find. During the time I grew up, my main source of information on this topic was the internet and my peers which have led me to learn through trial and error which was risky and dangerous. I realized from writing this article that one of the causes of this was the internet and I will make sure that my children won’t have to repeat my mistakes. Also, on a broader view, communication is very important in getting any kind of point across to people and it is important to look for accurate information when trying to teach someone something. Depending on the internet is not always accurate and in the right point of view. Another thing that can be learned from this is that it is always important to take time to open communication channels and talk to people. Lack of communication can lead to lack of cohesion and more problems anywhere, be it work, family, friends, etc. BIBLIOGRAPHY Brown, J. (2002). Mass Media Influences on Sexuality. Journal of Sex Research, 39(1), 42-45. {text:bookmark-start} P {text:bookmark-end} Wyckoff, S. , Miller, K. , Forehand, R. , Bau, J. , Fasula, A. , Long, N. , et al. (2008). Patterns of Sexuality Communication Between Preadolescents and Their Mothers and Fathers. Journal of Child Family Studies, 17(5), 649-662. Mesch, G. (2006). Family Relations and the Internet: Exploring a Family Boundaries Approach. Journal of Family Communication, 6(2), 119-138. How to cite Influence of Internet on Family Communication About Sexuality, Essays

Sunday, May 3, 2020

Advertisement Issued By Mojo Beverages Ltd-Samples for Students

Questions: 1.Advise Mojo Beverage, explaining applicable legal principles and citing relevant authorities. 2.Advise Livestock Brokers as to the rights and liabilities of the parties in the light of the Commercial Interactions taken place between them. 3.Presume Livestock Brokers sent the fax on 14 June but because of a transmission error Dorper Sheep Sellers did not receive it. Advise Livestock Brokers in this circumstances. 4.Advise Stuart, with reference to the relevant principles. Answers: 1.In this part of the assignment, the issue that arises on the basis of the facts given in the first question is if the advertisement issued by Mojo Beverages Ltd. is enforceable under the law against the company, keeping in view the rules of contract law and if Ben can enforce this promise against the company. This issue arises due to the fact that a promise had been made by Mojo Beverages Ltd. According to this promise, the company stated that it will give a price of $100,000 to any person who catches the fish named Lord Harry. This fish was tagged and released in the lake by the company. When this fish was caught by Ben, he wanted to claim the prize. However, the company told Ben that the amount of the price had been erroneously mentioned as $100,000, while actually the company meant $1000 as prize money. To sort out the issue mentioned above, it needs to be seen if the advertisement of the company was an offer under the contract law or if it was merely an invitation to treat. According to the principles of contract law, a significant difference exists between an offer an invitation to treat (Atiyah, 2000). It is provided under the contract law that when the offer is accepted by the other party, it results in the formation of a legally enforceable contract. On the other hand, generally the companies engage in a lot of puffery in their advertisements. Therefore, in case of the claims mentioned in advertisements, it is not easy to point out responsibility (Beatson, Burrows and Cartwright, 2010). Therefore, usually advertisements are not treated as offers by the contract law. However in Carlill v Carbolic Smokeball Co. (1892) a different conclusion was made by the court. In this case, the issue was that an advertisement had been issued by the company. According to this advertisement, a r eward of 100 was announced if anybody contracted influenza even after using these smoke balls. In order to establish the serious intention of the company, 1000 were deposited in the bank. Mrs. Carlill also read the regarding this offer, made in the advertisement. She used the smoke balls according to the instructions given by the company still she contracted influenza. Therefore, she claimed the reward of 100. The company refused to pay the prize money. In its defense, the company claimed that the advertisement cannot be treated as an offer, but it was merely an invitation to treat. However, the court did not accept this argument. Therefore, it held that a valid contract existed between the parties. Regarding the argument of the defendant company that the contract was greeted with the whole world and therefore it was not possible to enter into a contract with the whole world, the court expressed the opinion that the contract was not formed with the whole world but only the offer has been made to the whole world. The contract would only be created with the persons who fulfill the requirements declared in the offer. In view of the rules of contract law that have been discussed above, in the present isssue also it can be concluded that the advertisement issued by Mojo Beverages Ltd. can be treated as an offer that has been made to the world at large. However, the contract will only be created with the person who succeeds in catching the fish, Lord Harry. Ben knew regarding the offer made by the company. Although there were certain rumors that the prize, stated in the advertisement, was mistakenly stated as $100,000, while in reality, the company had the intention of paying $1000. Even if the rumors were correct and the company indeed wanted to pay $1000 only as reward, but before Ben could know the reality, he had caught. The fish and claimed the prize money. In this way, Ben had completed all the requirements mentioned in the advertisement. As a result, a legally enforceable contract is formed between Ben and the company. Even if the advertisement amounted to the offer to the world at large, the contract would be produced only with the person who fulfills the stipulation stated in the advertisement. In this case, Ben fulfilled these conditions as he succeeded in catching the fish, Lord Harry. As a result, it can be stated that a valid contract is present between Ben and Mojo Beverages Ltd. Therefore, the company is bound to pay $100,000 to Ben. 2.In the second question, after considering the given facts, the issue arises if the letter of Dorper Sheep Sellers Pty Ltd was an offer. Similarly, it also needs to be decided if the rules of contract law allow Livestock Brokers to agree to this offer after six months. Generally, the issue of the formation of a contract between the parties is analyzed on the basis of offer and acceptance. Hence, a party makes an offer, and the other needs to accept the offer. This results in a legally binding contract between the parties. If the other essentials that are considered necessary for this purpose are present. In the same way, a significant role is played by the difference existing between offered an invitation to treat (Atiyah, 1990). To be treated as an offer, it has to be wnshoed that the party had the intention of being bound by the terms of the offer. The relevant case in this regard is that of Harvey v Facey (1893). Hence the facts of this case need to be discussed briefly. Harvey sent a telegram to Facey in which it was asked, "Will you sell Bumper Hall Pen? Telegram lowest cash price". It's reply, Facey stated that the lowest price for Bumper Hall Pen is going to be 900. Harvey stated that they were ready to buy Bumper Hall Pen at this price. The issue was if a contract has been formed between the parties. The Privy Council decided that a valid contract was not formed. Reason given by the court in favor of its verdict was that a direct answer was not given to the first question by Facey, in which it was asked if he was ready to sell. Therefore the court stated that the lowest price mentioned in the reply was the answer to requests for information. Hence it was not an offer. No evidence was presented to suggest that Facey intented its reply to be an offer. The contract law also states that once an offer has been made, such party can withdraw the offer at any time before its acceptance (Dickinson v Dodds, 1876). In case a particular deadline has not been decided by the parties to accept the offer, the law provides that the offer will be treated as being no longer available after the expiry of reasonable time. What can be treated as reasonable time depends on the contract's subject matter. After considering the rules mentioned above, in this case also Livestock Brokers informed that they are going to accept the offer. On the other hand, by this time Dorper Sheep Sellers had already sold the sheep to another party. Therefore, in this case, in view of the applicable rules, it can be stated that the letter of Dorper was an offer. But Livestock failed to accept the offer within reasonable time. In place of accepting the offer through mail, they sought more information when they sent a fax asking if the sale was to be completed on general terms. Such letter cannot be considered as the acceptance of offer. Therefore, when Livestock decided that it was going to accept the offer, the flock of sheep had already been sold to another party. As in this case, there was no contract created between the parties, Dorper cannot be prevented from selling the sheep to another party. 3.If it is assumed that Livestock Brokers have accepted the offer on 14th of June, and a fax was sent by them to Dorper by the facts could not be received by Dorper as a result of transmission fault, it needs to be stated in this case that the postal rule of acceptance does not apply in a case where instantaneous mode of communication has been used by the parties (Collins, 2003). In this situation, it is provided by the postal rule that the acceptance will be considered as complete when the letter of acceptance is placed in mailbox. However in this case, this rule cannot be applied and as a result, the general rule has to be applied. According to the general rule, the offer is considered to be accepted only when acceptance is conveyed to the other party. On these grounds, it can be concluded in this question that a contract was not present between livestock Brokers and Dorper. 4.It has to be seen in this question, if a part payment of debt can become good consideration in support of the promise of relinquishing the remainder sum. The relevant rule in this context is mentioned in Pinnel's case (1602). According to this rule, the part payment of debt cannot be treated as good consideration for the promise according to which the remaining sum is given up. This rule can be explained with the help of following example. If owes $50 to B, and a promise is made by B to accept $25 as the complete satisfaction of debt on due date, in such a case, B is not prevented by the law to claim the rest of the amount later on. Reason behind this rule is that A has not provided any consideration to support the promise made by B. Hence, A was already under contract to pay the full amount. A similar decision has been given by the court in Stilk v Myrick (1809). Another purpose behind this rule is to guard the creditors against economic duress on part of the debtors. The brief facts of this case are that Cole was in debt of 8.50 to Pinnel, which had to be paid on 11 number. On a request by Pinnel, an amount of 5.11 was paid to Cole. It was mentioned by Pinnel that this money was going to be the complete satisfaction of the debt. But later on Pinnel sued Cole for the balance amount. After going through the facts, it was decided by the court that the part payment made by Cole was not consideration. Hence, it was stated by the court that the agreement to accept part payment will be binding for the parties only if the debtor had supplied fresh consideration at creditors request. A relevant case is that of Foakes v Beer (1884). In this case, a judgment was obtained by Mrs. Beers against Dr. Foakes. Therefore, a request was made by Dr. Foakes, seeking some time to pay the amount. Under these circumstances, a promise was made by Beers. According to this promise, she assured that she was not take action if Foakes paid 500 at once and became ready to pay the rest of the amount in 150 installments. Foakes agreed and did the same. However, interest is also payable on judgment debts. Therefore, Mrs. Beers decided to claim interest. In this case, the House of Lords concluded that Mrs. Beers cannot be refrained from claiming interest. The reason given by the court in support of this decision was that consideration has not been provided by Foakes to support the promise made by Beers. Hence, it was decided that the promise could not be enforced against Beers. In view of the rules discussed above, it can be concluded that in the present case, the promise made by Westphalia Marts Pty Ltd. that it will accept reduced rent of $700 is not supported by any consideration. Hence, it can be concluded that Westphalia can claim the deficit of $300 from Stuart. Similarly the supermarket can also ask Stuart to pay rent at the rate of $1000 per week. Therefore, the advice is that the promise made by Westphalia, cannot be enforced against the supermarket because there is no consideration for supporting the promise. References Atiyah, P.S. (1990) Essays on Contract, Oxford University Press, New York Atiyah,P.S.(2000)An Introduction to the Law of Contract, Clarendon Beatson, J. Burrows A. and Cartwright, J.(2010) Anson's Law of Contract, 29th edn OUP Collins,H. (2003)Contract Law in Context4th Ed. CUP Case Law Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 Harvey v Facey [1893] UKPC 1 Foakes v Beer (1884) 9 App Cas 605 Stilk v Myrick [1809] EWHC KB J58 Pinnel's Case (1602) 5 CoRep 117a Dickinson v Dodds (1876) 2 Ch. D. 46