Friday, November 29, 2019

Euthanasia free essay sample

This paper argues that physician-assisted suicide should be legal in every state. The author of this paper reviews the various definitions,approaches, legislation issues and the position of the American Medical Association and the Death with Dignity Act about the need to establish the right to physician-assisted suicide. Arguments against physician-assisted suicide are logically refuted. When we are young, most of us do not think about making a conscious decision to die. We look forward to years of long and healthy life, and if death ever seems appealing, it is as an antidote to depression. It does not often, if ever, occur to us that there will be a time when we look forward to the good death promised by euthanasia.

Monday, November 25, 2019

5 Cases of Insufficient Punctuation

5 Cases of Insufficient Punctuation 5 Cases of Insufficient Punctuation 5 Cases of Insufficient Punctuation By Mark Nichol In each of the sentences below, the omission of one comma (two commas, in one case) obscures the intended meaning. Discussion and revision following each example provides clarity. 1. It’s not a real pleasant experience to tell you the truth. This sentence implies that the writer does not enjoy telling the truth to someone. However, the phrase â€Å"to tell the truth† is merely augmenting the main clause, â€Å"It’s not a real pleasant experience,† and so should be set off from that clause: â€Å"It’s not a real pleasant experience, to tell you the truth.† 2. Believe me they have been working on this this for a long time. â€Å"Believe me† is an introductory phrase that should be set off from the main clause of the sentence: â€Å"Believe me, they have been working on this for a long time.† 3. The important thing is they know what to watch for. â€Å"The important thing† is a dependent clause; like â€Å"believe me,† it must be distinguished from the content of the main clause: â€Å"The important thing is, they know what to watch for.† Alternatively, that may be inserted in lieu of the comma: â€Å"The important thing is that they know what to watch for.† 4. To achieve cultural reform, Smith maintained that definitive actions to redesign incentive structures and establish clear accountability would be the most effective mechanisms. The implication is that Smith came up with his opinion in order to achieve cultural reform. However, what the sentence means is that Smith declared that in order to achieve cultural reforms, the strategy embodied in his opinion should be pursued. To communicate this distinction, â€Å"Smith maintained† should be framed by commas to clarify that it is an attribution interjected in the main clause of the sentence: â€Å"To achieve cultural reform, Smith maintained, definitive actions to redesign incentive structures and establish clear accountability would be the most effective mechanisms.† 5. The study determined that voter fraud was almost nonexistent. Another study by the Brennan Center for Justice at the New York University Law School found that many reports of people voting twice or ballots being cast on behalf of dead people were largely the result of clerical errors. The second sentence implies that a center at the law school released both studies in question. However, if the context makes clear that the second study was conducted at a different location, the description of that location must be treated parenthetically: â€Å"The study determined that voter fraud was almost nonexistent. Another study, by the Brennan Center for Justice at the New York University Law School, found that many reports of people voting twice or ballots being cast on behalf of dead people were largely the result of clerical errors.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Punctuation category, check our popular posts, or choose a related post below:20 Computer Terms You Should KnowList of 50 Great Word Games for Kids and Adults50 Synonyms for "Song"

Thursday, November 21, 2019

Management of Organizational Behavior Case Study

Management of Organizational Behavior - Case Study Example The effectiveness of leadership and management of human organization can be measured on an individual or group influence process. Both concepts are full-time responsibilities that must be practiced every time wisely due to the complexities of people and a difficult situation by a man of mission and vision for is organization and country. Emotional ways of reacting to the problem are human nature, this access the situational leadership which is fundamentally determined by leader-follower interaction in the pursuance of goal accomplishment, readiness assessment, leadership intervention, appraisal of the results of this intervention and effective follow-up. (p 8). In comparing, Woodrow Wilson by H.W. Brands 2003 and Hersey, et al 2001. Hersey advocate in detail the leadership qualities and roles while, Brand look at leadership basically in relation to then U.S.President "Wilson." Despite tremendous, the effort of his administration Brands did not recognize these. The effect on Wilson ad ministration is sometimes due to the death of his first wife as, by the opinion of Brand, his life was just too full to be given real justice. His work and wealth of experience make him be a distinguished leader in the history of U.S President. Also, the hardship and judicious utilization of opportunity available to him made him be a role model among his successors. Nevertheless, Brands never soars "Woodrow Wilson" to have down a great work, this eludes me. There are three skills and competency of leadership, which is required in the administrating an organization or country. The Wilson administration possesses these qualities, they are diagnosing, adapting and communication.   In analysis this point one after the other, Woodrow Wilson always diagnose the requirement of his environment before embarking on any operation which may either have the positive or negative effect on his people, such decision includes, the establishment of the central bank, and the Federal Reserve in Unite d State. Wilson also used is presidency to effect and administer the national income tax. He used his wealth of knowledge to ensure that United State fosters together and have a formidable growth of centralized Federal power. According to Brands, Wilson being a diplomatic, diagnosed united state and found out that they need to involve in World War 1. These he does by funding Britain and France, in the procurement of their needs at the War front such as ammunition to fight the battle. Then, he finds out that Solder where needed at the battlefield, he provides the combat. This Great War would not have lasted so long if not of his involvement. As a result of this, it causes a lot of damages to the fabric of European civilization and colonial influence. The result of this war made the world to have heard of Herr Hitler and Signor Mussolini, veterans both of front line combat.

Wednesday, November 20, 2019

Pottery Statues of Ancient Chinese Art Essay Example | Topics and Well Written Essays - 750 words

Pottery Statues of Ancient Chinese Art - Essay Example There are various arts like painted potteries, folk arts, script, monuments, metal arts etc. Very expensive materials are used for the art works like granite, marble, lime stone, etc and even gold, silver and other precious materials are used. In early times they were not much aware about the materials used for arts and they used stone and rock for doing arts. These antique collections of ancient period are now placed in the museums. â€Å"The museum houses collections of various color-painted potteries of Neolithic Age and treasures of ancient grottoes. The design of these potteries is gorgeous and has the characteristic of the local culture.† (Gansu Provincial Museum). In museums there are varieties of wonderful art works which were done in the past. The Chinese culture hasn’t altered much from before and the people are still continuing with their traditional customs. The temples in China are considered as precious art wealth which signifies the prosperous culture of China. Chinese people have some beliefs with regard to their traditional arts. There are varieties of statues which symbolize different significances and faiths. Laughing Buddha is one among them which symbolizes health, prosperity, happiness, and so on and they believe that it brings all these goodness if it is placed somewhere and there are also other different kinds of laughing Buddha and each one has got some particular concept. The arts like Swastika, fengshui are some of the other Chinese artifacts which are used for good luck and to improve the life. Chinese people believe in such things; so most of them use these types of artifacts. The people from other countries prefer to use the Chinese arts mainly because of their quality and beauty. The ancient Chinese art is very gorgeous and superior which is totally different from other art works; so it has high demand. Not only the Chinese people buy this; people from every nation are now buying

Monday, November 18, 2019

Produce a reflective report on your skills as a researcher Essay

Produce a reflective report on your skills as a researcher - Essay Example 42). Hence, the business environment today is more than ever in the need for astute researchers who could churn out new ideas and solutions governing the production, supply and marketing of services and goods. In that context I believe that though I am in the possession of some of the salient research skill, still there are areas where I need to work on to graduate to being a researcher with the apt skills and integrity. Before delving on my research skills, I do intend to profess my ardent belief that in the coming times, the managers who have the greater capacity and skills to engage in research and who have the capacity to come out with required information associated with business problems, do stand to have a better chance to secure a beneficial and meaningful career (Dugarm 2009, p. 17). I believe that in the contemporary information age, the ranks of the middle level managers will positively shrink in the institutions and organizations in the favour of those professionals who h appen to be good researchers (Abram 2012, p. 30). In the light of this conviction I intend to work hard on my research skills. When it comes to the purpose backing any research endeavour, I believe that it is primarily about the advancement of knowledge (Bell 2005, p. 100). So it is my belief that as a research scholar I believe in using research procedures and logic to come out with answers and conclusions in a most organized and methodical manner. Certainly, one can facilitate answers through trial and error; however such an approach eventually turns out to be erroneous and costly (Daymon & Holloway 2002, p. 128). In that sense I think I do have the capacity to put together the different concepts and to logically and methodically interpret them in the light of the new findings, in a manner that is very organized and effective. In any research initiative, it is imperative to place the ongoing research in the context of the situations and circumstances governing it. Since, I am a st udent of business, I feel comfortable to say that courtesy my academic background, and I have developed a fair idea as to the paradigms governing the research in the field of business. I believe that research in business is mostly applied in the sense that it aims to solve the practical problems (Rugman & Brewer 2007). Besides, business research is bound by cost constraints, as it is conducted for profit aims (Rugman & Brewer 2007). Also, business research is bound by deadlines as it is conducted to solve problems in real time (Rugman & Brewer 2007). Above all, business research is most of the times subject to an environment in which the situations, circumstances and preferences change very fast (Rugman & Brewer 2007). So, I intend to evaluate and gain on my research skills in the light of the above mentioned characteristics of business research. As a research scholar I have spent considerable time honing my secondary research skills. To put it in a few words, secondary research is primarily about seeking solutions in already existent publications (Rugg & Petre 2007, p. 32). I give so much relevance and importance to secondary research because it not only helps the duplication of ideas and efforts, but also helps mould the salient research questions in a manner that supports further primary research (Rugg & Petre 2007). Hence, to me secondary and primary research is the two sides of

Saturday, November 16, 2019

Upper Respiratory Infections: Causes and Properties

Upper Respiratory Infections: Causes and Properties Robert Middleton Case Study:Â  Upper Respiratory Infections Nature of Upper Respiratory Infections The upper respiratory tract includes the mouth, nose, throat, larynx, and trachea and diseases are named for the anatomical sites that are involved with the infection. Sinusitis is named for the inflammation and infection of the sinus cavity; pharyngitis, the inflammation and infection of the throat; laryngitis, the inflammation of the larynx; and tonsillitis, the infection and inflammation of the tonsils. Many times because the infections affect several sites at the same time, the infections can be grouped under either rhinopharyngitis or tonsillopharyngitis. Rhinopharyngitis is a viral disease that causes the inflammation of the pharynx and mucous membranes inside the nose, increasing the production of mucous. Additional symptoms may include coughing, fever, headache, and fatigue, if left untreated, infection could lead to viral or bacterial pneumonia. Tonsillopharyngitis is a bacterial or viral disease that causes the inflammation of the tonsils and pharynx, when caused by group A streptococcal bacteria, it is called strep throat. Common symptoms include sore throat, inflammation of the tonsils, high fever, headache, pain in the ears and neck, and fatigue. Causative Agents and Mechanisms of Pathogenesis of Upper Respiratory Infections Pathogenesis: Upper respiratory infections are very contagious and spread by inhalation of droplets containing the microorganism or hand to hand contact and then spread to the epithelial layers of the upper respiratory tract. Causative Agents: Most upper respiratory infections are caused by viruses and are the most common of human infections worldwide. Bacterial infections can occur in the upper respiratory tract and are usually the result of group A streptococcus and outside of the United States corynebacterium diptheriae is a major pathogen. Abscesses can develop as a result of infections of deeper tissues of the mucosal sites like peritonsillar abscesses, retrotonsillar abscesses, and retropharyngeal abscesses. Disease Viruses Bacteria and Fungi Rhinitis Rhinoviruses, adenoviruses, coronaviruses, influenza viruses, respiratory syncytial virus Rare Pharyngitis or tonsillitis Adenoviruses, parainfluenza viruses, influenza viruses, rhinoviruses, herpes simplex virus Group A streptococcus, corynebacterium diptheriae Peritonsillar or retropharyngeal abscesses None Group A streptococcus, Fusobacterium, species, Staphlococcus aureus [i]

Wednesday, November 13, 2019

The Rule of Evocation :: Language Papers

The Rule of Evocation It is the goal of this essay to challenge the belief that one never transcends language — that all one knows, indeed all one can meaningfully experience, is defined within language. My challenge lies not in words, but in the use of words to evoke what is beyond language and to invite a lived experience of it. If one accepts this use of language as not only possible, but primary, we ultimately see meaning not within language, but through it. Under the 'rule of evocation' language need not in any way within itself express, reproduce, re-present, or capture what it evokes. It need simply evoke it, and such an evocation is not a re-presentation in language of what is evoked. It is a presentation of the thing itself. It is the goal of this essay to challenge the belief that one never transcends language — that all one knows, indeed all one can meaningfully experience, is defined within language. My challenge lies not in words, but in the use of words to evoke what is beyond language and to invite a lived experience of it. It is rooted in the belief that this use of language is not only possible, but primary. My challenge must reside in this use of language rather than in language itself because language itself can be viewed as a closed system. One can look at language totally in isolation from its use to evoke what is beyond language. From this viewpoint nothing is seen but a series of internally related and defined signs. If one also accepts the idea that all uses of language are defined by the internal rules of language, it then seems quite natural to also believe there is nothing, or nothing one can use language to point to, beyond language. I am not the only person to challenge the language-trapped position. Erazim Kohak eloquently points to what I mean by the evocative use of language in The Embers and the Stars: A Philosophical Inquiry into the Moral Sense of Nature when he says that: In the communication between two humans who share the fundamental experience of being moral subjects, the intentional thrust of the act of communication is the evocation of understanding and the basic technique one of evoking an analogous experience. The hearer can be said to have understood when he can, albeit vicariously, "relive" the experience.

Monday, November 11, 2019

Ethics †Meaning of life Essay

1. The Meaning of Life Connect your ideas on the essential meaning of life to the views of at least one philosopher. This philosopher can be someone whom we studied or can come from an outside source. You might connect your ideas in a harmonious or contradictory way. Utilize the academic resources aligned with this course to find a philosopher that coincides with or contradicts your own ideas. Your initial post should be at least 150 words in length. Support your claims with examples from this week’s required material(s) and/or other scholarly resources, and properly cite any references. Respond to at least two of your classmates’ posts by Day 7. What gives human life meaning? I think Immanuel Kant said it best when he asked the three question that make up what it is to be human. â€Å"What can I know? What ought I to do? What may I hope? † (Ch. 5. 4, Mosser) I think that it is what we do with our lives that make them worth living. The people’s lives that we touch and help are what give our own lives meaning. How should one act in the world once one realizes this meaning? One should follow the consequentialist theory. Meaning that one should make the choices that will bring about the most benefits to everyone not just one’s self. How do you know? I know by the feeling that is left after I help others. This feeling is what drives us to give, to help to reach out and continue helping others. Most of us do not enjoy the thought of others suffering, so it would make sense that they would enjoy seeing others happy. As they say happiness is contagious. References: Mosser, K. (2010). Philosophy: A Concise Intro. San Diego, CA: Bridgepoint Education, Inc. After watching Relationship of Philosophy to Other Fields, reflect on the relationship of philosophy to your life in terms of your future education and career What value does philosophy have? I am getting my bachelors in health care administration, in laments terms I will be the lady to hand you forms and answer immediate question when you come into a hospital. Having philosophy in my life will actually help by enabling me to help patients when they come in, by being better able to answer their question. Example: A patients asks: Why is it taking so long? My response: I having taken philosophy can respond by giving them an answer that would eliminate all why questions and would help them feel a little more at ease with their wait. How can people benefit from thinking more philosophically? They can benefit by broadening their way of thinking, which in turns helps understand more and see things from a different point of view. How does philosophy affect ethical issues? Philosophy describes how humans should behave while ethics describes what is right and wrong and how we should respond to the situation. Unfortunately they do not always go hand in hand. What significance does thinking and reasoning critically play in society, and in human flourishing? Thinking’s is what brought about the wheel or electricity. It is those that stop and ask why not, these are the people that flourish in society. It is using your brain to understand things not just what you can see but also what you cannot.

Saturday, November 9, 2019

Early History Of Judaism Essays - Land Of Israel, Free Essays

Early History Of Judaism Essays - Land Of Israel, Free Essays Early History of Judaism It has been argued that Judaism can be seen not only as a single religion, but as a group of similar religions. It has also been pointed-out that through all the trials and tribulations that Judaism has suffered through, that there have been common themes that have proven omni-pervasive. Any institution with roots as ancient and varied as the religion of the Jews is bound to have a few variations, especially when most of its history takes place in the political and theological hot spot of the Middle East. In this discussion, many facets of Judaism will be examined, primarily in the three temporal subdivisions labeled the Tribal / Pre-Monarchy Period, the Divided Monarchy, and the Hasmonean / Maccabean and Roman Era. Among all the time periods where the religion has been split, these three seem to be the most representative of the forces responsible. As for a common thread seen throughout all Judiasms, the area of focus here is the place associated with the religion : Jerusalem. This topic will be covered in detail first, and then the multiple Judaism arguments will be presented. In this way, it is possible to keep a common focus in mind when reading about all the other situations in which the religion has found itself. A brief conclusion follows the discussion. A Place to Call Home No other religion has ever been so attached to its birthplace as Judaism. Perhaps this is because Jews have been exiled and restricted from this place for most of their history. Jerusalem is not only home to Judaism, but to the Muslim and Christian religions as well. Historically this has made it quite a busy place for the various groups. Jerusalem is where the temple of the Jews once stood; the only place on the whole Earth where one could leave the confines of day to day life and get closer to God. In 586 BCE when the temple was destroyed, no Jew would have denied Jerusalem as being the geographic center of the religion. From that point on, the Jewish people have migrated around the world, but not one of them forgets the fact that Jerusalem is where it all began. It is truly a sacred place, and helps to define what Judaism means to many people; a common thread to run through all the various splinters of the religion and help hold them together. Even today, as the Jewish people have their precious Jerusalem back (through the help of other nations and their politics) there is great conflict and emotion surrounding it. Other nations and people in the area feel that they should be in control of the renowned city, and the Jews deny fervently any attempt to wrestle it from their occupation. It is true that there is no temple in Jeruslaem today, nor are all the Jews in the world rushing to get back there. But it is apparent that the city represents more to the religion of Judaism than a mere place to live and work. The city of Jerusalem is a spiritual epicenter, and throughout Judaism?s long and varied history, this single fact has never changed. Tribal / Pre-Monarchy Judaism?s roots lie far back in the beginnings of recorded history. The religion did not spring into existence exactly as it is known today, rather it was pushed and prodded by various environmental factors along the way. One of the first major influences on the religion was the Canaanite nation. Various theories exist as to how and when the people that would later be called Jews entered into this civilization. But regardless of how they ultimately got there, these pioneers of the new faith were subjected to many of the ideas and prejudices of the time. Any new society that finds itself in an existing social situation, can do no more than to try and integrate into that framework. And this is exactly what the Jews did. Early Judaism worshipped multiple gods. One of these gods was known as Ba?al, and was generally thought-of as a ?statue god? with certain limitations on his power. The other primary deity was called YHWH (or Yahweh) and enjoyed a much more mysterious and illusive reputation. He was very numinous,

Wednesday, November 6, 2019

buy custom Business Laws essay

buy custom Business Laws essay A contract is a legal agreement entered into by two parties, and is enforceable by law. Such an agreement is made when one party indicates the willingness to engage in or desist from engaging in any activity with a view of getting the approval of the other party (Koffman Macdonald, 2007).The party making the offer is known as the promisor, while the party accepting the offer the promisee. In this case, all the promises forming the consideration for the two parties becomes the agreement. Any agreement that is not enforceable by law is known as void agreement (Koffman Macdonald, 2007). Contract Law in Malaysia is governed by the Contracts Act 1950 and for an agreement to qualify to be a contract, there must be (1) an agreement between the parties involved, (2) created responsibilities between the parties, and (3) it must be legally enforceable. There are three categories of contract according to Malaysian Contracts Act 1950 (Contracts Act 1950). These are; written contracts that requ ire written evidence, oral and simple contracts. Elements of a Contract For any agreement to be considered a valid contract, the following elements need to be considered by the two parties involved: 1. There must be an Offer A contact can only exist when a specific offer has been unconditionally proposed and accepted. The offer can be issued in writing, orally, or impliedly through actions as long as the mode of offer or acceptance is in line with the statutory requirements (Sinnadurai Sinnadurai, 2003). For example, contract involving sale of land need to be written to have title deed. The communication of the offer, acceptance, or revocation should be made known to the party to whom it is made for it to be complete. An offer according to the Contract Act 1950 is an expression of willingness by the promisor to contract on a particular set of terms with legal intention that if accepted, will be bounding. It must involve the promisor and the promisee and be legally enforceable (Dass, 2005). Offers can be unilateral where only one party makes the proposal and the other party is not obligated to make a proposal. It can also be bilateral where the two parties makes a promise such as in a case of sale of a h ouse where one offers a house and the other party promises some amount of money. 2. Acceptance For a contract to be valid there must be an expression of unequivocal and unconditional agreement by the two parties to all the terms contained in the offer (Sinnadurai Sinnadurai, 2003). Acceptance can be done orally or in writing and is legally binding if done by the party to whom the offer is made, if express by word spoken or written, or if implied by actions showing compliance. Acceptance must also be absolute, using the prescribed mode such as by fax, for the offer communicated only, done within the given time frame before the offer period lapses and done with an intent to fulfill the contract. Contract Act 1950 also provides that a revocation of acceptance done any time before the communication of approval is complete (Law of Contract in Malaysia, 2009). 3. Intention to Create a Legal Relationship There must be an intention between the two parties to create legal relations for the agreement to be a contract; otherwise, the arrangement is considered an informal social agreement (Dass, 2005). For example, if student A offers student B lift to Kuala Lumpur city, then B considers reciprocating the cost of fuel but fails, there is no obligatory contract under which A can B, since the offer to fuel the car was not made with the intention of being legally binding. However, commercial arrangements are usually perceived to be intended to be binding contracts (Arjunan, K. (2008). 4. Lawful Consideration Consideration denotes something of value that parties agree to exchange when signing a contract and must not be a tangible or monetary item, but can include desisting taking an action that a party has the legal right to do. The presence o a consideration in the undertaking indicates the commitment of parties to make a legal relationship (Dass, 2005: Richards, 2006). This is because the law does not recognize agreements without something in return. 5. Capacity to Contract Capacity to contract refers to a partys capability to enter into a contract. Inability to contract may be as a result of the persons lack of authority to contract, mental incompetence, and the party being an infant. A contract is not binding if a mentally impaired party enters into an agreement without understanding the nature and consequences of the transaction (Arjunan, 2008: Richards, 2006). Mental incapacity may be because of developmental disability, insanity, senility, and drug or alcohol intoxication. In case one is acting on behalf of another party, the person must be fully authorized to reach agreements and sign the contracts; otherwise, the contract will be invalid. 6. Legal purpose The purpose of the contract must be in itself legal, not conflicting with the public policy for it to be binding. This means that a contract that obligates a party to engage in an illegal activity or has illegal objective is not binding to either party (Arjunan, 2008). For example, a contract that requires a party to damage the property of another individual is illegal and criminal and cannot be enforced. Three Factors in Section 14 and Effects of each Contract According to Contract Act 1955 section 14, consent on a particular issue is considered free when not achieved by coercion, falsification, undue influence, mistake, or fraud. There should be no force or coercion to make the contract. The three factors to be discussed in this case are coercion and duress, use of undue influence and misrepresentation (Sinnadurai Koh, 1979). 1. Coercion and Duress Coercion is the compulsion of a party to enter into a contract through threatening to commit or committing any act prohibited by the Penal Code. This intimidation may include illegitimate detaining or threatening to detain the person or property with the purpose of making the party to enter into an agreement. Exposing a person under duress through either physical confinement or psychological torture and threats is part of coercive conduct to induce the victim party to accept the offer. There should also be freedom in contract formulation, which entail positive beginning that encompasses liberty of either parties to make own choices, freedom to determine possible exchange, bargaining terms, and to enter a contract on mutual approval. It also involves freedom from governmental restrictions or intrusion while engaging in these agreements and freedom of a party assess the ability of the government to implement the agreements. An example of in which individuals are forced to enter contrac ts is the software agreements where the customer is not given room to negotiate the terms when installing the software in their personal computers. Failure to acknowledge (click wrap) simply means no installation (Rafiei1 Manap, 2011) Effects of Coercion and Duress The effects of using coercion and duress to enter into a contract is that the law does not recognize such contracts, since the victim has been unwillingly compelled by the stronger party to enter into the contract (Cheong, 2010). The coercing party is bound to lose the presumed benefits of the contract. In the absence of the free consent by either party, the contract is considered void or voidable. However, the coerced, pressured, or forced party needs to seek legal relief based on the conditions under which the consent was inappropriately obtained. The relief is granted by court grounds that it was under duress, undue influence, or was unconscionable. Section 14 of Malaysian Contract Act 1950, states that a contract is voidable if entered into through coercion. Consent is presumed not to have been given in the presence of coercion, undue influence, fraud, or misreppresentation. 2. Undue Influence A contract is considered a product of undue influence in a scenario where one of the parties holds dominant position over the other party, and uses that power to gain prejudiced benefit over the other (Cheong, 2010). A person is considered to be in a position to dominate the other if holding ostensible authority economically, physically, and socially over the other, or when there is an existing fiduciary relation between the two parties. In this case, the powerful party uses the advantage to influence the other into a contract. Undue influence also occurs when contract is signed with a person whose mental capacity is incapacitated temporarily or permanently, either by age, illness, or by mental or bodily distress (Cheong, 2010).The effect of such contracts is that they are considered void. Equally, if a party in a dominant position enters into a contract with another because of the influence and the transaction appears biased and unconscionable, the cost of determining whether undue influence took place will be upon the dominant party. 3. Misrepresentation Contract can also be misrepresented when there is a positive assertion into the contract in a way not intended or contained by the information from the person making it. It also occurs when there is unintentional breach of duty, which gives an undue advantage to the party committing it, or any person claiming under him by deceiving another to his prejudice, or to the prejudice of a party claiming under him. Misrepresentation also takes place when a party innocently makes a mistake on an item that is the focus of the agreement. Such contracts are declared voidable if the misrepresentation let to the consent of the party (Cheong, 2010). Recommendation for amendment of Malaysian law Contracts Act 1950 of Malaysia unfortunately has no provision for the online environment. Currently, more online operation has taken root all over the world where many people transact business via the internet, thus need to be recognized by law, though with caution and particular exceptions to determine whether there was undue influence when entering the contract. In the case of software online installation in a personal computer, a person who enters into a contract through the internet and makes a click wrap is considered not under coercion, duress, or force according to the Contract Act 1955 Ss14, 15 and the contract is legally enforceable (Rafiei1 Manap, 2011). However, the Act 1955 should be amended to safeguard commercial contracts via the internet that are presumed to be biased in favor of one party. This is because one can be coerced to crick wrap a deal in case of fraud giving the other party advantage or because of undue influence. Conclusion A contract is a legal agreement that involves two parties, the promisor and the promise, and is enforceable by law. Contracts are made when one party indicates the willingness to engage in or desist from engaging in any activity with a view of getting the approval of the other party (Richards, 2006). In Malaysia, the law of contract is governed by the Contract Act 1950, which stipulates that contracts needs to have an agreement between the parties involved, create responsibilities between the parties and must be legally enforceable. The elements that validate a contract that must be considered by the two parties include; the presence of an offer, acceptance, the intention by the parties to create a legal relationship, presence of lawful consideration, capacity of either party to contract and must have legal purpose. Free consent is an important element of a contract according to Contract Act 1955 section 14 that requires that there be no use of force to compel any party to enter into an agreement. The three factors discussed include coercion, misrepresentation, and undue influence. The paper also gives recommendations on the amendments to be considered regarding contracts that are made via the internet. Buy custom Business Laws essay

Monday, November 4, 2019

Marketing Financial Services Essay Example | Topics and Well Written Essays - 2000 words

Marketing Financial Services - Essay Example The greatest asset of any consumer finance business is its base of customers. In the current competitive market, acquisition of profitable customers is tricky and tough. Nurturing the relationship into long-term profitable assets require lots of perseverance, innovation, and research. All customers are different, and to acquire the value they bring, they need to be treated differently. There are many methods to acquire customers. Advertising is one of the foremost methods. US Advertising Spending by Financial Services companies by media 2003 & 2004 (as a % of total spending).....Source: TNS Media Intelligence & Advertising, June 2005: 2003 2004 TV 27.7% 31.15 Newspaper 23.8% 22.4% Magazine 14..7% 15.5% Cable TV 12.9% 12.5% Internet 14.7% 12.5% Radio 3.2% 3.0% Outdoor 3.1% 3.0% Acquiring new customers through email and direct mail marketing are other methods that are fast and cost-efficient. With the help of thousands of interest categories demographic information, and behavioral targeting, you can find the exact people you are looking for and then giving you the information you need to convert these prospects into customers through email and direct mail marketing. CUSTOMER RETENTION Customer retention marketing is a tactically-driven approach based on customer behavior. It’s the core activity going on behind the scenes in relationship marketing, loyalty marketing, database marketing, permission marketing, etc. ... information, and behavioral targeting, you can find the exact people you are looking for and then giving you the information you need to convert these prospects into customers through email and direct mail marketing. CUSTOMER RETENTION Customer retention marketing is a tactically-driven approach based on customer behavior. It's the core activity going on behind the scenes in relationship marketing, loyalty marketing, database marketing, permission marketing, etc. Here's the basic philosophy of a retention-oriented marketer: 1. Past and current customer behavior is the best predictor of future customer behavior. Example: Take these two groups of potential buyers who surf the net: People who are a perfect demographic match for your site, but have never made a purchase online anywhere and people who are outside the core demographics for your site, but have repeatedly bought online at many different web sites If you sent a 20% promotion to each group, asking them to visit and make a first purchase, response would be higher from the second group than the first group. It works because actual behavior is better at predicting future behavior than demographic characteristics are. 2. Active customers are happy (retained) customers; and they like to win. They like to feel they are in control and smart about choices they make, and they feel good about their behavior. Marketers take advantage of this by offering promotions of various kinds, ranging from discounts and sweepstakes to loyalty programs and concept approaches such as thank-you notes and birthday cards. If you want your customers to do something, you have yo do something for them, and if it's something that makes them feel good, then they're

Saturday, November 2, 2019

UCAS Personal Statement Essay Example | Topics and Well Written Essays - 250 words

UCAS Personal Statement - Essay Example Among the most notable are: sporting, teaching, social work, investing, and leadership. My awards in games and sports cut across regional, national, and international borders. In teaching, I have interacted and worked with young students and teaching staffs. The social work aspect relates to taking care of my autistic brother for the better part of my life, an activity that motivates me even more so that I can reach out to the broader community. My drive to study Ancient History and Archaeology emanates from the need to know and understand historical forms of life and how they shaped contemporary modernization. Through this course, I will be in a better position to explore cultural diversity as it relates to ancient time and ancient people. In this respect, my activities and experiences in life have exacerbated my quest for knowledge. I am currently studying A-Level Psychology and Business (Double Major), but this has not limited my interest in other topics and subjects due to the need for further diversified knowledge. My next ambitious plan is to volunteer abroad in order to explore, experience and exploit wonders that the world has to offer. In conclusion, joining UCAS University will offer an invaluable opportunity to advance my knowledge and skills, interact socially and academically with different persons, and provide a favourable ground for personal growth and