On Another’s Sorrow. Essay -- English Literature

On Anothers Sorrow.There is a inexpugnable religious theme running throughout this poem. Blackuses the idea of sorrow to show, and how we deal with it to show thedifference between humans and God. He does this by ripping the poeminto two halves and looking at how a person and then God would dealwith sorrow. Blake asks several questions, as it is in first person atthis point I feel that it is Blake asking the questions, which are, faecal matter I see anothers woe,And not be in sorrow too?Can I see anothers grief,And not seek for kind relief?This is an example of Blakes use for the rhetorical question, whichstirs thoughts of how we cope with sorrow, which is shown when heasks, if I finish not feel sorrow when I see another feeling sorrow?, andwhen I see another feeling grief can I not go and pay off relief from it?He answers this with no it can never be. This then leads the readerto ask themselves where he will find this relief.Blake then in the second half of the poem shows that Go d is the onewho you can seek relief in and who is there to help in t...

Drinking Water Treatment Improves Water Quality :: Drinking Water Quality

My topic for this paper is on water system treatment and in this paper the places where i willing be acquire my info is www.aguauninternational.com and Im getting info from and encyclopedia an a book. In a modern society, water is one of the things in life we often take for granted. When we loose on the tap, we expect water that is clean, safe and suitable for all household tasks. But in recent years, there has been a growing concern somewhat contamination of our water supplies. We hear unsettling news accounts that make us question the safety of our water. I know that Water covers 75% of our planets surface. Its everywhere And its all the same, isnt it? yes the mind it is because we use water for so many variant things. like to take baths and wash clothing and other things. So what is water soften? well water softening is the process of removing(Ca)2 ,(Mg)2 , or (Fe)3 from water. Filtration? is through sand and gravel removes nearly all suspended matter from the water. Well i n fact, water is definitely non all the same. It will pick up many impurities and contaminants, both natural and synthetic. And since water is so widely used in so many different ways, treatment is often necessary. Whether its clean water for manufacturing, high purity water for medical applications or just safe drinking water, the treatment process is a vital part of our daily lives.As the 20th century draws to a close, managing our planets resources has emerged as humanitys greatest challenge. And of all the Earths resources, none is more precious than water. Water interpreted from boreholes is already clean because it is filtered as it trickles through soil and rocks. Normally it is only necessary to disinfect this water with chlorine to make it safe to drink. Water taken from rivers and reservoirs usually needs more treatment. Water Treatment Works treat water so that it is safe to drink. This involves a number of processes, both physical and chemical, and will vary depending on the quality of the raw water to be treated. I know there are several methods of treatment of water to kill donjon organisms the application of chlorine compounds is the most common. But another thing I know is that boiling is the favorite household emergency measure. Municipal water softening is common where the natural water has a hardness in excess of 150 parts per million .

The Assassin :: Papers

The Assassin Description He was a tall military personnel, genuinely reduce with a small egg shaped head. His teeth were a brilliant white and his eyes were a bright blue, they were like hawk eyes, quick and twitchy. His haircloth was dark brown and was combed through very neatly with a small quiff. His habits were very strange one of them were eating pistachio nuts when he was nervous another was when he was bored he would look for animals such as snakes, deer and foxs and to shoot them emerge of pure boredom. The womans house was a very tall house with quite a few windows the walls were a greyish colour and there were fences running all along the side of the house. It was about 4pm on November the 11th when a car pull uped up at the house the house was a very lonely house although big it was quite a authority away from the town. All of a sudden the car door opened and a man dressed in black stepped out from it, the car started to pull away the man just stood there thus he looked left then right then at the house until finally he stared to run. He ran towards the woods that surrounded the house, he ran quite far in until he came to the back fence of the house. He stopped and looked around once more then he ducked down and pulled off a bag he had been carrying on his back. From the bag he pulled out a pair of pliers, as he did this a large Jaguar pulled up on to the stone drive of the house. A man dressed in a smart black suit stepped out of the drivers side of the car he walked round to the back door of the car and opened it, a young woman stepped out, she was tall, very slim, and had long blonde hair, the man closed the door they then both made their way towards the house, the man opened the front door to the house and they both stepped inside.

Chief Bromden in Ken Keseys One Flew Over the Cuckoos Nest :: One Flew Over Cuckoos Nest

Chief Bromden in One Flew Over the Cuckoos Nest   Chief Bromden is half American Indian. His father was a oral sex named Tee Ah Millatoona, which means The-pine-that-stands-tallest-on-the-mountain. That is why he is able to use the title chief. He took on his mothers last name of Bromden. He grew up in the Columbian gorge. The chief is massive and tall and would appear very intimidating and threatening to those who meet him. He was committed to the hospital and has been there for longer than anyone else, for over 15 years.   He was put in there after World War two. The chief was an electricians assistant in a training camp forwards the army shipped him off to Germany. It is probably due to working with electronics and the added strain of going to war that has led the chief to have such an unhealthy preoccupation with electronics.   The chief has led everyone in the hospital, both staff and patients to believe he is deaf(p) and dumb. As a young child he was always ignored, by confrere students and adults, this could have been because he was so strange looking, being half American Indian and appearing so super and menacing yet being kinda shy. I had to keep acting deaf if I wanted to hear at all. He felt rejected by his peers throughout life and so as an adult decided that as people acted like he was invisible he might as well disappear, It wasnt me that started acting deaf, it was people that foremost started acting like I was too dumb to hear or see or say anything at all. So pretending to be deaf and dumb was probably a defence mechanism. For him, his silence is also extremely potent. As he is able to hear everything that went on in the meetings where the doctors and nurses discuss the in store(predicate) of the patients. The doctors and nurses dont hesitate to say anything in front of him because they regard he cant hear. They dont bother not talking out loud about their hate secrets when Im nearby because they think Im deaf and dumb.   The chief sees things in literal metaphors, he sees McMurphy as being really big in size because he is so brave (and big in spirit).

Personal Narrative: Term Paper Procrastination :: Free Essay Writer

330 A.M. finds me in front of a glowing computer screen yet again. Im waiting for inspiration. My friends, kind plentiful to let me use their dorm room and their Macintosh, are asleep in their beds just feet away in the half-darkness, reaping the rewards of their wisdom they havent waited until the night ahead like I have. I take swigs of Mountain Dew from a plastic mug its the sweet nectar of the Gods of Last-Minute Paper Writing. No, make that poisonous nightshade nectar -- the taste of sugary green goodness reminds me, with every swallow, that Ive sentenced myself to another unnecessary all-nighter. I have few ideas and even less condemnationThe blinking computer cursor on an otherwise empty screen was the college version of the blank white page of my earlier years, before technology had taken us so far. But for me it was, in many ways, the same old problem. With early drafts of a paper rarely required, I came time and time again to a point where a significant portion of my grade rested on what was essentially a single nights work. I normally left myself no option further to write in one long session on a computer - there werent plentiful hours remaining to compose a version on paper to be typed up afterward. And time and again, my method, such as it was, worked for me. I not only survived but prospered. But I sometimes wondered, and still wonder this works, but am I progressing? Has my compose grown? Should it be possible to turn out an A paper in a night? What standards are being used to judge these papers? Do my desperate all-night writing sessions somehow, in ways I dont understand, help me improve? How did I learn to write at a level that has helped me succeed up to this point?My early writing education is mostly lost to my conscious memory, but I do think that regular reading, from a young age, of discs of all sorts loomed large in that education. I remember a prose piece from sixth-grade honors English And Reading class called Mutants. It wa s my response to an assignment to write a book about thirty handwritten pages, it was make up of two separate stories about young people with super-powers. I was at the time a huge fan of a comic book (recently popularized on film) called The X-Men, about a group of people born with strange powers who fought for good even though they were feared and hated by the public.

Personal Narrative: Term Paper Procrastination :: Free Essay Writer

330 A.M. finds me in front of a glowing computer screen yet again. Im waiting for inspiration. My friends, kind enough to let me use their dorm room and their Macintosh, are asleep in their beds just feet away in the half-darkness, reaping the rewards of their wisdom they havent waited until the night originally like I have. I take swigs of Mountain Dew from a plastic mug its the sweet nectar of the Gods of Last-Minute composition Writing. No, make that bittersweet nectar -- the taste of sugary green goodness reminds me, with every swallow, that Ive sentenced myself to another unnecessary all-nighter. I have few ideas and stock-still less dateThe blinking computer cursor on an otherwise empty screen was the college version of the blank white page of my earlier years, before technology had taken us so far. But for me it was, in many ways, the same old problem. With early drafts of a paper rarely required, I came time and time again to a prime where a significant portion of my grad e rested on what was essentially a single nights work. I usually left myself no option but to write in one long session on a computer - on that point werent enough hours remaining to compose a version on paper to be typed up afterward. And time and again, my method, such as it was, worked for me. I not only survived but prospered. But I sometimes wondered, and still wonder this works, but am I progressing? Has my writing grown? Should it be possible to go out an A paper in a night? What standards are being used to judge these papers? Do my desperate all-night writing sessions somehow, in ways I dont understand, help me improve? How did I learn to write at a level that has helped me succeed up to this point?My early writing education is mostly lost to my conscious memory, but I do think that regular reading, from a young age, of books of all sorts loomed grand in that education. I remember a prose piece from sixth-grade honors English And Reading class called Mutants. It was my re sponse to an assignment to write a book about thirty handwritten pages, it was made up of two separate stories about young people with super-powers. I was at the time a huge fan of a comic book (recently popularized on film) called The X-Men, about a group of people born with strange powers who fought for good even though they were feared and hated by the public.

Causes of the Boer War

There were significant political conflicts between the two sides. The Boers treated all blacks very badly and did not materialise basic human rights even to the blacks operative for them. They made them pay taxes but could not vote. It was said to be through religious reasons that the Boers treated blacks so badly. This afflictive treatment infuriated the British, who had abolished slavery in all its colonies as well as at home in 1834. The Dutch wanted to keep its slaves. Europeans working in the Boer territories were also mistreated.These Uitlanders as they were known were key to the Boers economic success, yet were still denied the vote. The war occurred also because of strategic reasons. The British had already seized Swaziland, Bechuanaland and Basutoland, which more or less surrounded the Boers who feared that if the British took any more territory, they could be under siege, particularly if their route to the sea was blocked. The British wanted to control all of Confedera te Africa, not just small areas which were isolated the Boers were their main opponents. There were economic issues involved in the war.The Boers took control of the Transvaal and set up the Orange Free State. They base gold in the Transvaal and this area became very rich indeed. Later diamonds were found in this area as well, and there was argument between the British and Boers oer in which nations territory they lay. Certain individuals had a major role in provoking the war. Cecil Rhodes was probably the most ambitious of Britains leaders abroad. He was a real imperialist, and strove to expand the British Empire further, especially through his dream of a Cape Colony to Cairo railway.He was strongly anti-Boer, and his actions seemed to shape British form _or_ system of government back at home. Also highly influential was Sir Alfred Milner, who was the British High Commissioner and was also strongly anti-Boer. He was supposed to be a peacemaker, but it were the demands he placed on the Boers which sparked the war, and he ended up looking more like a warmonger. Paul Kruger, President of the Transvaal and leader of the Boers, did not want to devote in to the Uitlanders, since he feared he would lose his position if they were given the vote. It was he who had ordered the first attack against he British in 1881. The British were enraged by the Boers first assault, but the Zulus victory over the British led the arrogant Boers to believe that they could defeat them with ease. They were most ambitious, particularly after the absurd Jameson rupture where the British Dr. Jameson led only 500 men into the Transvaal. It was planned that the Uitlanders would join up and form an uprising to overpower and defeat Kruger and the Boers, however the raid was a failure and most of the British were killed or captured. The Boers did not accurately judge the British military.

A successful family life prepares one for lasting friendships Essay

The family is the basic unit in a society. It is vital in shaping the future of an individual because it is the support system that check let outs the individual on to. The family is the first teachers in the demeanor of a child. This is where the child is honed with its parting, values and beliefs in life. They ar the inspiration to whatever endeavour of an individual (buzzle. com). On the other hand, consorts too be as important as the family. They atomic number 18 the support which most hold dear onto. They can be included as part of the family because they atomic number 18 regarded as close to e very(prenominal)one.Creating or fashioning friends with anyone is a fruit of the family values which was incurred all over time. This was not an inborn character of anyone exclusively was learned through the teachings of the family and the character that is shown by the parents to their children. Making friends is not also an liberal task. You receive the option to favour whom do you indispensableness to make friends with. Friends do things together. They are friends because they saw in each other the values they look for in a person. This is not an easy task though. But more than friends it give entail a lot. knowledge requires trust, loyalty, having common interest and believing that no matter what happens they will be thither for each other for the rest of their lives. This is difficult, yes, nevertheless it is true also that this should be taken into account by anyone who is serious with keeping friends for life (Ellison, C. 1990, p 298). A lot has been written about the issue on family and friendships but never delve deeper into it. In one of the topics that should be taken is that a successful family life prepares one for lasting friendships.I will be listing the reasons why still the family is vital factor in changing someones values, character and beliefs, their interaction with other people Family, as what I have mentioned earlier, is th e shaper of the future of a child. Parents in particular teach their child to be more interactive. From the time they are born into this world they are taught how to make friends with other kids. One of the activities that are done is activities that require get-together of the neighbourhood kids. Even before they are born they are friends already because their moms or their dads are friends.This is how they start the friendship of the kids (Ellison, C. 1990, 299-300). In a happy family life, friendship is started among the siblings. They show to the kids that they are treated the corresponding. They are treated fairly whatever happens because the parents want to show to their kids that they are unique and possess unique characters. They are taught how to share with their other siblings. They always inculcate in the minds of the children that they need people they need friends in the long run.It is often said that it is okay to be alone sometimes but it is not okay to be lonely tha t is why maybe friends are created (Ellison, C. 1990, 302). The family prepares an individual how to deal lifes challenges in the long run. In the family, they are taught with chores where their patience, trust and loyalty will be tested. This may not be known to the kids but their parents are shaping them to be a better person as they go out to the world where there are many challenges they will encounter (Ellison, C. 1990, p 305-306).The family take a craps the self-esteem of a child. Making them unique in any way is very important in boosting the self-esteem and confidence of a child. Weighing things whenever they make mistake is very important in reaching their self-esteem especially when they are asked to explain things why they did those things. Through this they will be given the chance to explain and discuss what they want their parents know. This will build also the confidence to any child to open up to their parents not thinking of getting scolded by the parents (Franco , N. Levitt, MJ. 1998 p.315). For a friendship to lasts, trust and loyalty are important factors in reservation friendship work. These also are shaped in the family as well. The family builds trust to a child when they also trust their kids that they can do anything. It is the conviction of the parents to build this character because it is very important to any interaction outside the family (Franco, N. Levitt, MJ. 1998 p. 315). Friendship is also defined as the habitual way of relating to a person. Being friends and making friends is a mutual feeling between two people or among people.It is said that friends do not come as a surprise but they are chosen as friends (Franco, N. Levitt, MJ. 1998 p. 316). Although it is has been said that the family shapes the character of a person and how they interact with their peers but it is argued that it is the kids or the people who chooses whom they be friends at. According to C. S. Lewis building friendships is not about mutual interests bu t being interested with one another. This is difficult though but can be a learning experience to anyone who wants to build long lasting friendships (Franco, N.Levitt, MJ. 1998, p. 317). In a family children are taught with responsibility. In friendships it requires responsibility and expectation. This is common to any friendship but it is difficult to build. If the child or the teenager is taught within the family they will bring it as soon as they get out of their homes and especially their comfort zones (Franco, N. Levitt, MJ. 1998, p. 317). Friendship also requires a lot of expectations. It may not be as difficult as entering into a marriage but it is like entering into a family kind for the first time. heap have been talking about friendship since time immemorial but a lot of writers such as Aristotle, Cicero, and Augustine tried to debunk the issue that to have a successful friendship should also entail a successful family life. According to these writers, character and vir tue is as important as what is developed inwardly the homes where families teach to their kids. They argue that you dont have to be a honest man or good woman to be a good cook which means that the character is shaped because of what they are in the society. As often as the same with friendship you dont have to be a good man to be a good friend (Franco, N.Levitt, MJ. 1998, p. 317). People like Aristotle, Cicero, and Augustine believed that character strength was essential to friendship so much so that, as they saw it, one cannot truly be a friend without it. C. S. Lewis, on the other hand, thought virtue was irrelevant to friendship. As he saw it, friendship makes good men better and bad men worse. (Franco, N. Levitt, MJ. 1998, p. 318) A lot of things can happen when someone commits to be a friend to someone. Making friends is a responsibility to one another such as longer interactions compared to just friends they just met in a club or a meeting.Naturally, closer friends lead ing to a closer friendship assume more responsibility for one another than do those who are merely casual friends. as well assuming responsibility for one another, we also begin to have expectations of one another. If I tell my friend something in confidence, I have the expectation that he or she wont reveal my secrets to others.Thats just one example of the expectations we have of friends. One can easily think of others (Franco, N. Levitt, MJ. 1998, p. 319-321). In accompaniment to that, as to what have been said by C. S Lewis, making friends is not about carrying the character that should be in a person and sharing it but sharing the common interest they have and giving out what they can to other person. Activities where they share the same interest can build a deeper relationship thus creating a long lasting friendship. This is what they want to teach that friendships are gained not learned (Halfacre, F. P. D. 1997). This is true to some but still I want to emphasise that chara cters and virtues that are honed within the family is still the best in building friendships outside the world.Children cannot teach their children to choose their friends but they teach them how to interact with their playmates. They teach the kids how to bonk life without hurting their playmates rather helping their playmates understand the value of life and later as they age they will pass it to their children and grandchildren. Parents do not let the kids choose their friends but they teach them to understand that having friends should be mutual. Mutual interests, activities and works can lead to better relationships which in a way building relationship within ones self (Halfacre, F. P. D. 1997).Conclusion Friends can be anyone. They can be the neighbours around. They can be the co-workers, playmates, common friends and acquaintances but building a long lasting friendship is difficult. It requires time and understanding. Through time, building a long lasting friendship is also a process because it entails passion with the person. furore means knowing the person fully and wholly and knowing the interests, likes, dislikes and among other things that can lead to better relationship. Friendships are better when it is shared with someone who has the same passion as what you wanted it to be.References Ellison, C. 1990. Family Ties, Friendships, and Subjective Well-Being among Black Americans Journal of Marriage and the Family, Vol. 52, No. 2 pp. 298-310. Franco, N. Levitt, MJ. 1998. The Social Ecology of Middle Childhood Family Support, Friendship Quality, and Self-Esteem. Family Relations, vol. 47 number 4, pp315-321 Buzzle. com. Intelligent life on the web. Available at http//www. buzzle. com/chapters/home-and-lifestyle_friendships-and-familial-relationships. asp Halfacre, F. P. D. 1997. Genuine Friendship. Available at http//www. genuinefriendship. com/

Contracts and Negligence Assignment Essay

Q. 1.1A Contract is an concord that is obligatory when imposed or acknow leadged by rectitude. (Peel, 2010). An capital of New Hampshire is a film when forge with the willing approval of those entangled in the contract, for a legal consideration and with a legitimate object, and non hereby expressly decl ard to be toilettecel (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a sh fall out out is exchanged for a call. For instance, contract for the sale of goods is a two-sided contract. The purchaser askd to purchase the goods, in return for the sellers promise to supply the goods.Figure 1Source https//www.google.co.uk/ lookup?q=drawing+of+bilateral+contract+by+wikispacesThe above shows both sides promise to do somethingUnilateral Contract occurs where just wiz somebody makes a promise open and usable to both single who performs the required do. For mannikin collecting the reward such as 100 fo r a lost document or pet is unilateral contract.Figure 2 Source http//www.im jump ons.123.tw/unilateral-contract/ The above shows lone(prenominal) angiotensin-converting enzyme side promisesContract can likewise be oral or scripted. Furthermore in rig for a contract to be legitimate the crack cocaine and acceptance criteria must be met. The law of naturefully acceptable method for a contract to be natural c everywhereing is illustrated in the diagram under. This is known as Formation of Contract. Figure 3 Source (www.laws1008.wikispaces.com)A Contract comprises of six important elements before it becomes valid and these ar tin, credence, Consideration, objective to create Legal relation, Certainty and Capacity. If a single one of elements re bed above is missing, the agreed contract will become illegal. The main elements atomic number 18 explained belowOfferThis is the first element in a valid contract. According to Peel (2010) an put forward is an expression of will ingness to contract on specified scathe, made with the intention that it becomes ski attach once it is accepted by the person to whom it is addressed. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the one-on-one who receives the bid (offer) is referred to as the offeree. hitherto, an offer must be distinguished from invitation to treat. There are two causal agents to be considered here. One consequence is Gibson v Manchester metropolis Council (1979) Mr Gibson was displace a letter that sensible him the council whitethorn be prepared to sell the property to him for 2,180 freehold. The City Treasurer say in his letter that This letter should non be regarded as firm offer of a mortgage. Included in the letter was the instruction on how to complete and return the envelop application form to make a formal pass along to purchase the property.Mr Gibson did as he was prayered butbecause of unanticipated ch ange in governmental leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was nonified fit inly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed in that respect was a binding contract amongst the the council and Mr Gibson but the finding of fact got over decreed on appeal to the menage of Lords. The outcome of the idea states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical causal agent of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an bargain for barter of a Council House form which he signed and posted it back to the Council.The council received his reply before the political reform affecting the sales o f house to council tenants transpired. The Council contended that the Sale of Agreement Form to sell the Council House was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was thence an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences amid these two similar cases. In the case of Mr Gibson no Agreement for Sale was prepared and Mr Gibson did not sign. Whereas for Mr Storers case there was an agreement consequently, the bargaining has been by means of and through and an agreement attained. Acceptance Is defined by Chartered make for of revenue as whatsoever words or actions signifying the offerees consent to the terms proposed by the offeror. Acceptance must be final and unqualified. Acceptance should be conveyed to the offeree.The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carl ill v Carbolic Smoke Ball Company (1891) case refers. The caller placed an advert in a newspaper, and in addition put a hit of cash on deposit with a bank and govern they would pay anyone who contacted influenza patch using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with 100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was bleed ond by her for damages and her case was successful. Consideration means something of value is given by one party to the order it is the price ofthe promise (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges & Co. Ltd. (1915)Consideration is an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not win any consideration for the promise made by Selfridge. It is important to highlight that past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration includeExecuted (present) this is when an act is completed. An framework is a Unilateral contract Executory this is when promises clear been made in exchange for performance of acts in the approaching. For instance, a Bilateral contract Past consideration.In addition there are trustworthy requirements for consideration to be valid and these are It must not be past. However, there are exceptions such as(a) Previous request where the promisor has previously asked the other to pull up stakes services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it wi ll be paid for. plateys Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says provided that previous debt is valid for a bill of exchange. It has to be forbearance to sue that is, if an individual has valid telephone call against another person but promises to forebear the enforcement. Combe v Combe (1951) & Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) & Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842) Chappel v Nestle (1960). Cannot consist solely on position value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing concern that is, person elevator political machinerying out duties that under general rules, they are required to do will not provide consideration.Traditional authority for rule Collins v Godefroy (1831).Carrying out redundant duties Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual craft this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317 Hartley v Ponsonby (1857) William v Roffey if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnels Case. Foakes v Beer (1884) Intention to create legal relations Parties to the agreement must intend to go into a legitimately binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be vanity. Intention to create legal relations could be Commercial or business relations.Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friends relation. Simpkins v Pays (1955) and Fa mily or domestic relations. Balfour v Balfour (1919). Capacity All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who find limitations such as mental health cater, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered inevitable but in the case of Nash v Inman (1908).Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable(p) and be responsible for his action. Privy of Contract means that a con tract cannot under normal situation confer skilfuls or impose responsibilities emerging from it on any person except those involved in it. It is also known as Rights of the third party Act 1999. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2.Face to Face (Verbal or Oral) This is an agreement based on spoken promises, however it may be difficult to prove and it legally binding andboth parties will understand what they have agreed to and bargained in good faith. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a burglar who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bulloghs name with a cheque. The thief convinced the jeweller to part with the ring because his wifes birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bulloghs address details. As soon as the rogue left, he change the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action.The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from fail of contract. www.wisegeek.com On-line This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000.Four contractual elements are containe d in on-line contracts offer, acceptance, consideration and intention. Contracts by Deed is a written document signed by the promisor and it must be pull be clear in the wording of the document that is intended to take effect as a deed. The must be peached by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is apply in the civil law, to denote the space of fourth dimension given to the debtor to discharge his obligation.Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either conditions, or warranties or innominate terms. www.tutor2u.ne t An express term is one thathas been particularly stated and agreed by both individuals at the time the contract is kill. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court of law presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could beTerms implied through custom, Hutton v Warren (1836) EWHC J61 In fact. The Moorcock (1889) 14 PD 64At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187There are two main types of implied term(a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says goods should be of satisfactory quality meaning they should be up to standard a intelligent individual would consider satisfactory and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and go through the ex-post consequence of breach test.The judgement given will depend on the magnitude of the breach. Case of Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim stipends. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an op era singer for trio months. She was ill five days before the open night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not telephone exchange to the existence of the contract. If a imprimatur is breached the innocent party may claim damages but cannot end the contract.Bettini v Gye (1876) QBD 183.Trader puff is an expression of caricature made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. exemplar of trader puff this is in good shape and your wife will love this car Representation Term is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows Innocent, fraudulent and indifferent misrepresentations (e-law resources)Learning Outcome 2Mini-case AThe case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was 15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said fairly quickly with a third party involved I have already had a good offer from my colleague so the following is to be considered when giving the verdict Term Offer 15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration Time fairly quicklyThird Party involved with part offer (Privity) point though no clear straight form of acceptance occurred it is button up a legal binding agre ement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and sloppiness in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall write asking for the sale of the property. (This was a distance offer as it was done through telegram).When Harvey asked Will you sell us BumperHall Pen?. Facey responded Lowest price for the Bumper Hall Pen 900 to which Harvey responded We agree to purchase Bumper Hall Pen for 900 asked by you. Please forward your title deed so that we may get early possession. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. T he issue in this case is was that there was no clear offer from Facey to sell the property to Harvey so the Privy Council ruled that An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not (www.casebriefsummary.com) Mini case BThis is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs smith open to everyone so no need for acceptance in this instance. The offer here is the reward of 10 if her lost cat is found which did not involve transport monetary value. Mrs Smith refusal to David 25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating Pepsi points if Pepsi was drank highlighting a young person arrivi ng at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case CMrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, Ill give you 50 for your work. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the rule of consideration applies in this case because considerat ion can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contractfor his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case DThe above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial hurt incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case EThe above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and capital of Minnesota it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of buying a car from their hundreds of cars.All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement hi s money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case FThe above is a clear case of tort sloppiness and breach duty of palm. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Councils placard was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jims car damaged by the Council van is a health is an implied term and rubber eraser issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In good deal of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CAQ. 3.1Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning perverse wrong and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. united States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful final stage in action.The case was dismissed by the District court for lack of jurisdiction because Mrs Smiths case was stopped by FTCAs contrasted country exception policy that states that the statutes waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https//supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same traumas. Inclusive of the types of injuries the wound party may recover are loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as followsIntentional torts These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the suspect knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins 198 7 Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an surplus of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to repeal a collision and braking.His was found guilty for driving without undue keeping and attention Negligent torts are the most common tort used to cast behaviour that constitute unreasonable risks to harm to a person or property or where the suspects actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendants haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist both wrongful act is not a tort. To constitute a tort,There must be an inordinate action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries.Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning mens rea. http//education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. S he wasfound guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of being concerned in the management of premise used for the smoking of cannabis. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding.Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or truly criminal offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of computer error because the people who were in charge for renting properties are not likely to have anticipate d everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract lawsThe above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage & Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below Tort LawContract LawNo relationship with the claimant, could be total strangerClaimants could be known to each other and parties to the contract react not necessary liability is warranted by one individual against another admiting parties are involvedTort is punitiveContracts is positive, creat ive situationsTort is used to claim compensation by the injured partyContract involves two or more partiesIn tort damages are imposed by court or negotiatedIn Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codifiedContract law is codifiedTort law safeguards right in rem available against everyoneIt protects rights in personam meaning against a particular person change are un-liquidatedDamages are liquidatedSource http//www.acadmia.eduQ. 3.2Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http//www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below Duty of Care is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid crack to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank ginger beer bought by her friend containing a dead snail causing her harm .This case brought about the neighbour principle test and according to Lord Atkin Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure ones neighbour and this brought about the question Who then in law is my neighbour? Neighbours are those individuals who will be almost and directly affected by ones act This case led to the Neighbours principle. Duty of care is therefore based on the r elationship of different parties involved, negligent act or omission and the reasonable foreseeability of loss to that person http//.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pureeconomic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief police constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the listed bullet points below also known as the tripartite contained in negligence must be met The element must be reasonably be foreseeableThere must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the babys retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury This arises from sudden assault on the nervous formation (www.lawteacher.net) and until recently was uncertain in tort of negligence.For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berr y ran into the Hinzs car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was jilted by the Court of Appeal. Factual Causation This is the process where it must be proved reasonably in the law that the defendants action led to damage. This in some cases, applying but for test in most cases resolve the disputed torts law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages.The case of Barnet v Chelsea & Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse whoinformed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time h e visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the but for test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determine rules in assessing whether a certain case is a case of negligence or not.Damages This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as Special damages caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. public damages is a result of the other partys actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform va rious acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages This is the combination of punishment and the setting of unexclusive example.Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage & Motor co (1915) AC 70 refers.Defences forNegligence This is where the defendant tries to introduce evidence that he did not cause the plaintiffs damage or injury. (www.injury.findlaw.com) There are several defense mechanisms gettable to negligence claims such as Violenti non fit injuria This is a Latin phrase which means for a willing person, there is no harm and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had foregoing complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence.His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence This defence applies where the damage suffered by was caused part both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such consummation as the court thinks just and equitable having regard to the claimants share in the responsibility of the damage so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage.For example if the claimant was entitled to 20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded 15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendants car as a result of the defendants negligence. The injuries sustained by the driver would not have been that serious if he wore the ride belt. His damages were reduced by 20 per cent by the Court of Appeal.This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) This is coined from Latin to mean of an illegal act there can be no lawsuit (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second beautify window and got himself injured seriously.The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from esc aping. In his attempt to bunk from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised(a) ex turpi causa that it was a criminaloffence for an arrested person to attempt to escape. The claimants appeal was dismissed. Consent Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain.In addition Consent is very closely linked with volenti non fit injuria. Below are the types of Consent Express Consen t Is when the defendant agreed to willingly submit to plaintiffs action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom manifestly consented by agreeing to take part in the game. Implied Consent is deduced from plaintiffs conduct. (OBrien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendants ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendants doctor indicated he wants to vaccinate her.Informed Consent This is an individuals agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact tha t the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he observe a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers.(2) Consent will be void if it is given under duress or threats of physical force.(3) Consent will also be void if it was given as a result of a mistake and the mistake was(a) Caused by the defendant, or(b) The defendant was aware of the mistake and he did not alert the plaintiff.Necessity It is an approving defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendants property. Regina v Dudley & Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3Vicarious liability is one which on one individual as a result of an action of another. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the tortfeasor commits a tort while in his employers employment, the employer is held liable and this due to the doctrine of respondeat superb a Latin phrase meaning let the master answer . For a court to establish if an employee acted wh ilst in employment the following must be confirmed if Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flamingos Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer.His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employers instruction, or if the employee commits fraud andacted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. capital of the United Kingdom General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case the driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter(prenominal)s bus despite that the bus driver had been warned strictly not to cause obstruction.His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The mana ging clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test The control test was the skipper test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was apply in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the crane. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor.Finally, the Employees criminal behaviour is one of the positive factors of how a business can be vicariously liable because if wh ilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiffs telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employees act Health and asylum Act 1974 It is also referred to as HSWA or HASAWA is the main pieceof law or legislation that covers occupational health and safety at work and gives large duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source (http//www.hse.gov.uk/legislation/hswa.htm)The main purpose of this Act is to ensureThe security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in rela tions to the activities of individuals at work To control and prevent the use of illegally acquired of unsettled dangerous substances. Employers responsibilities includeTo provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into airTo provide a safe working environmentTo provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees responsibilities include victorious care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employersSource (http//www.slideshare.net/ManojRNair/work-bas ed-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are Management of Health and Safety at wreak Regulations 1999Fatal Accident Act 1976Limitation Act 1980Law Reform (Contributory Negligence) Act 1945Employers Liability (Compulsory Insurance) Act 1969Employers Liability (Defective Equipment) 1969Civil Procedures Rules (as amended by the Woolf reforms)Sources (www.leeds.ac.uk)In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence.Vicarious Liability. StudyMode.com. 02, 2013. Accessed 02, 2013. http//www.studymode.com/essays/Vicarious-Liability-1451515.html. PageBibliographyIn Law, What is the Differences in the midst of Tort and Contract Online Available at http//www.wisegeek.com/in-law-what-is-the-difference-between-tort-and-contract.htm Accessed 28 October 2014 Law on Verbal Contract Online Available at http//www.ehow.co.uk/about_5569485_laws-verbal-agreements.html Accessed on 01 November 2014 Misrepresentaion Online Available at http//www.e-lawresources.co.uk/Misrepresentation.php Accessed 01 November 2014 uprightness OF TORTS Online Available at https//www.academia.edu/7711371/LAW_OF_TORTS_Distinguish_Between_Law_of_Tort_Criminal_Law_and_Contract_Act Definition of Verbal Agreement Online Available atwww.ehow.com/info_7755018_definition-verbal-agreement.html Online Accessed 02 November 2014 Contract Express & Implied Terms Tutor2u Online. Available at http//www.tutor2u.net/law/notes/contract- express-implied-terms.html Accessed 02 November 2014Breach of Duty Online Available at http//e-lawresources.co.uk/Breach-of-duty.php Accessed on 04 November 2014 Vaughan v Menlove Online Available at http//www.e-lawresources.co.uk/Vaughan-V-Menlove.php Accessed on 04 November 2014 Psychiatric Injury Online Available at http//www.lawteacher.net/health-law/essays/psychiat ric-injury.php Accessed on 06 November 2014 Cases tort-negligence-duty of care Online Available

Contract and Invitation

1. declare iodineself 1. Offer means a proposal by a individual in which he desexs his willingness to enter into a legally binding contr trifle for some consideration. 2. An allow for is do with the object of getting consent of the extendee. 3. An say can be accepted by the offeree. 4. An offer when accepted becomes an agreement. Invitation to Offer 1. An Invitation to offer means an intention of a person to invite others with a view to enter into an agreement. 2. An invitation to offer on the other hand is do with . An invitation to offer can non be accepted by the person to whom it is made. 4. An invitation to offer cannot be accepted at all. 2. An offer / proposal are unavoidably for the pass wateration of an agreement. Section 2(a) of Contracts Act 1950 said when person signifies to another his willingness to do / to abstain from doing anything, with a view to obtaining the assent of that other to act / abstinence, he is said to make a proposal and invitation to sue means an invitation to make an offer.A) There are many distinguishing among offer and invitation to treat. The first distinguishing is from meanings. Offer is an expression of willingness to contract on certain terms made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the offeree. Invitation to treat different with offer it means an invitation to make an offer. An invitation to treat is not an offer, but an indication of a persons willingness to negotiate a contract.Based on the case COELHO v. THE overt SERVICES COMMISSION1964 M. L. J. 12 In this case, the applicant, a Health Inspector under the Town Board, Tanjong Malim, applied for the post of Assistant Passport Officer in the league of Malaya Government Oversea Missions advertised in the Malay Mail dated 19 February 1957. Consequently, the applicant was informed that he was accepted and, by and by(prenominal) undergoing training, he was affix to the Immigrati on Office,Kuala Lumpur, where he remained until December 1958 when he was transferred to the Immigration Office at Johor Bahru. On 5 November 1959, the Secretary to the Public Services Commission in a letter addressed to the applicant as Assistant Passport Officer on Probation informed him that, following a report from the Controller of Immigration concerning his head in the irregular issue of certain passports, disciplinary action was being taken against him with a view to his dismissal.The applicant made representation as invited by the said letter and, on 24 December 1959, the applicant was informed that the respondent had decided that he should not be dismissed but that his appellation on probation be terminated forthwith by payment of one months salary in lieu of notice. The applicant now moved the butterfly for an rear of certiorari to quash the decision of the respondents on the grounds of error in law, want of jurisdiction, and failure to observe the principles of natur al justice. An order of certiorari is an order of the court directing that something be done in this case, the court order applied for was one directing that the decision of the respondents be overturned). It was held that 1. That the Malay Mail advertisement was an invitation to dependent persons to apply and the resulting applications were offers. 2. The information conveyed to the applicant was an unqualified acceptation to join the overseas mission and he so understood it.B) Second distinction between offer and invitation to treat is an offer maybe made orally in writing or by conduct such as example of an offer made by conduct is where a client in a supermarket chooses goods and hands them to the cashier, who thence accepts the clients offer to buy. Invitation to treat may made by displaying goods in memory windows, on shelves, advertisement, tender / auction or a statement of price. Based on the case of PHARMACEUTICAL SOCIETY OF GREAT BRITAIN v. BOOTS CASH CHEMIST LTD1953 1 A11 ER 482. In this case the Defendant was being charged for failing to comply with one of the Great Britain Laws, i. . The Pharmacy and Poisons Act, 1933 which verbalise that it was illegal to wander stipulate poisons without under supervision by registered pharmacist. The Defendant operated self-service shop where a node may select any goods, which were being display in the shop. When the customer has picked the goods, after that, the payment was to be made at the cashiers desk. At the cashiers desk, the operator of the shop cant stop the dealings since the display of goods as regarded as proposal and when the customer picked the goods as regarded as acceptance, thitherfore, the self-service shop failed to comply the above-said law.The self-service shop operated according to the above-said law display of goods only be regarded as invitation to treat and the customer was the one who made the proposal. Later on, at the cashiers desk a registered pharmacist supervised the transac tion and was given authority to refuse the contract of sale, if violated any provisions in the above-said law. It was held that the Defendant was not made an illegal sale since display of goods only be regarded as invitation to treat and the customer was the one who made the proposal.Later on, at the cashiers desk a registered pharmacist supervised the transaction and was given authority to refuse the contract of sale, if violated any provisions in the above-said law. C) Another is an offer devote a termination. There is based on counter-proposal, by using notice of revocation, give of time, by failure of acceptor to fulfill a condition precedent to acceptance and by the death of mental disorder of the proposer. For an invitation to treat there is no circumstances or conditions to termination a proposal. The termination of proposal is based on casedMACON WORKS AND TRADING SDN BHD v. PHANG HON CHIN & ANOR1976 2 M. L. J. 177. In this case, the defendants gave an option to A her nom inees to corrupt a piece of land. The option was exercisable only after one LK showed no much interest in the land. The plaintiffs, As nominee, exercised the option and claimed specific performance. The defendant resisted, contending inter alia, that the offer had already lapsed. It was held that where no time was fixed, an offer would lapse after the expiration of a reasonable time (section 47 of the Contracts Act 1950).What is reasonable is a question of fact depending on the certain circumstances of to severally one case and the nature of the business. Failure to accept within a reasonable time implies rejection by the offeree. D) Otherwise, an invitation to treat is an action inviting other parties to make an offer to form a contract and it just a first step to negotiate, or indication of a persons willingness to negotiate a contract but an offer is a creates a binding contract, subject to compliance with the terms of the offer. It refers to the caseM & J FROZEN FOOD SDN. B HD & ANOR v. SILAND SDN BHD & ANOR1994 1 M. L. J. 303. In this case that Siland Sdn. Bhd (the first respondent) was the registered possessor of a piece of land which it charged to the second appellate, Eu Finance Bhd. Due to a default on the part of the first respondent, the second appellant applied to the senior assistant registrar (the SAR) and obtained an order for sale of the property by public auction. M & J Frozen Food (the first appellant) was the highest bidder and was sound out the securer of the property.The first appellant paid a 25% deposit of the total purchase price as provided under the conditions of sale, while the balance of purchase money was to be paid into court within 30 days from the date of sale. However, this was not done. It was held that the provisions of the National Land Code 1965 showed that the sale at this juncture (at the fall of hammer) had only be concluded in the sense that the goods would no longer be offered for a sale to prospective buyers a nd the successful bidder could not be permitted to retract his acceptance.Thereafter, each party to the contract of sale must perform his part of the obligation and until then no executed or actual sale had been concluded. Therefore a reference to a sale being concluded at the fall of the auctioneers hammer could only refer to that stage of the transaction of sale when there was concluded an agreement between the vendor and the highest bidder, the former to sell and the latter to purchase the goods. E) In addition, statement of price is not necessarily an offer because offer only has a termination on proposal between invitations to treat statement of price is necessarily in an invitation to treat.It referred to the case of HARVEY v. FACEY1893 AC 552. In the case that the plaintiff telegraphed to the defendant, Will you sell us Bumper Hall Pen? Telegraph lowest cash price. Defendant telegraphed in serve last(a) price for Bumper Hall Pen $900. The plaintiff then replied We agree to buy Bumper Hall Pen for $900 asked by you. Please send your title deeds. No reply from the defendant. Plaintiff claimed that there was a contract between himself and the defendant. It was held that there was no contract. The second telegram was not an offer but in the nature of an invitation to treat.The concluding message could not be looked upon as an acceptance. F) Offer involved one party (unilateral) or more parties (bilateral). Bilateral contract is an agreement in which each of the parties to the contract make a promise or promise to the specific person and public at large. On the invitation to treat it only involve to the one party (unilateral). It means that only one party, make an offer but it depends to a person to form a contract. It based on case of CARLILL v. CARBOLIC scum bag BALL CO. LTD1893 1 QB 256.Facts of the case that the defendant made an advertisement in the newspaper where the defendant willing to pay 100. 00 Pounds to anyone who still suffering influenza after taking the music according to the prescription sold by the defendant. On top that the defendant has deposited 1000. 00 Pounds in the special account in the Alliance assert for the above-mentioned purposes. The plaintiff used the above-said medicine, unfortunately, she still suffering the influenza. Then, the plaintiff asked for the compensation that had been promised by the defendant in the newspaper.It was held that the plaintiff was entitled for the promise that kernel 100. 00 Pounds made by the defendant since the defendants advertisement being considered as proposal addressed to public at large and the plaintiff has accepted the proposal by purchased the medicine and used the medicine according to prescription. The defendant advertisement being considered as proposal because in the advertisement there was an element of willingness where the defendant has deposited money that amount 1000. 00 Pounds in special account in the Alliance Bank for the above said purposes.G) Th e offer must be communicated to the offeree if the offeror want to revoke his or her proposal before it can be accepted and the offeror will bind to a legal after the acceptance but invitation to treat there is does not communicated before the acceptance and the invitation to treat can revoke anytime without mention to another party. It based on cased BANQUE PARIBAS v. CITIBANK NA1989 1 M. L. J. 329, CA. In this case, a company, Selco scavenge Ltd, wrote a letter dated 14 October 1985, offering to sell to the respondents the salvage claims in respect of nine vessels.By a letter dated 31 October 1985, Selco offered to sell to the appellants salvage claims in respects of five vessels which were also part of the nine salvage claims offered for a sale in their 14 October 1985 letter to the respondents. The appellants accepted the offer and purchased those five salvage claims. Subsequently, on 7 November 1985, Selco again wrote to the respondents offering to sell their salvage claims in respect of four vessels which were listed in the 14 October 1985 letter.They further stated in their letter that this letter will supersede our previous letter dated 14 October 1985. The respondents accepted the offer and purchased the salvage claims regarding these four vessels. A animosity arose between the appellants and the respondents as to the ownership in respect of the five salvage claims and the respondents claimed that on 20 November 1985, they had purchased the five salvage claims without any notice of the appellants prior purchase of them from Selco.The respondents agreed that although they purchased the salvage claims of four vessels on 7 November 1985, Selcos offer to sell the balance five salvage claims contained in the 14 October 1985 letter still remained blossom and available for acceptance by them, and that they finally accepted the offer on 20 November 1985. It was held that the 7 November 1985 letter written by Selco to the respondents contained the vital pa ragraph namely, this letter will supersede our previous letter dated 14 October 1985.The only meaning one can give to this paragraph is that the 14 October letter had been replaced or substituted by the 7 November letter. The effect of that is any offer contained in the 14 October letter which had not been accepted had been withdrawn. Selco had, on 7 November 1985, in clear and tyrannical terms, withdrawn or cancelled the offer contained in the 14 October letter and henceforth there was no offer which remained upon and available for acceptance by the respondents on 20 November 1985 or any other date.Where the communication of acceptance is made by the acceptor through a course of transmission such as post, telegraph, telegram, then the communication of the acceptance is deemed complete as against the proposer, when it is put into a course of transmission to him, so as to be out the power of the acceptor. Read more http//wiki. answers. com/Q/ balance_between_offer_and_invitation_to_ offer_isixzz252JB0My1 3. As per the Halsburys Laws of England. an offer is an expression by one person or group of persons, or by agents on his behalf, ade to another, of his willingness to be bound to a contract with that other on terms either certain or capable of being rendered certain. Halsburys Laws of England- Para. 632 An invitation to offer, on the other hand, may also be called an invitation to treat (as it is, under English Law) and merely indicates the interest of one party to enter into negotiations and is by no means supposed to form a binding contract. Halsburys Laws of England- Para. 633 4. Difference between AN OFFER and an INVITATION TO TREATAn invitation to treat is to be distinguished from an offer as it merely indicates a willingness to deal but does not display an intention to be bound. Broadly speaking, an invitation to treat is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer whilst an off er is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the offeree.The indication of willingness to enter into a contract may manifest itself in a variety of ways. The indication can be contained in a letter, a newspaper, a faxed document, an e-mail or it may even be inferred from someones behavior. An offer is something which must be done or refrained from being done which is accepted to become a contract. For example, you offer your car for sale for a price say for $9,000. 00, your offer to the world at large is $9,000. 0 consideration for your car. Your term is simply if you give me $9,000. 00 you can have my car. An invitation to treat simply means an invitation to make offers, so using the example above if sort of of the price you just said offers considered that become an invitation to treat, then you are in a position to accept or reject offers. It is important to distinguish between an offer and an invitation to treat.

Business systems in Japan and China Essay

IntroductionAfter the World War Two, japan embarked on a journey of reviving its economical system. The fast industralisation surgical operation is nothing short of spectacular. Japans basic infrastructure was basically destroyed in the war and she grew from a war-torn arouse to a conception leading frugality in a few decades. This requires good guild and presidential term governance, in order to achieve this firmness of purpose. Japan is also a major technology and export hub in Asia and she is currently the world third largest sparing by Gross Domestic Product. (World Bank, 2014). Prior to the economic reform of Deng Xiao Peng, the Chinese disposal has total control of all the realm own Enterprises (SOEs) under the communist system. It is a very noblely centralized system that just now the Chinese commonwealth regime has power and control over it.(Laaksonen, 1988)Under the reformation policy, individuals ar allowed to trade and sell surplus products in rural argo na and small billetes are allowed in urban or city. This marks the start of the Chinas Socialist market economy. As a result of the open door policy, Chinese economy grew from a third world country to the second largest economy of the world in less than four decades. (World Bank, 2014) Despite the great differences of these two economy, the particular that its governance and cultures are deeply yield by the idea of Confucianism. (Chan, 1986) Hereby, in this article, discussion will be separated into two parts that are ground on the similarities and differences between the two business systems.Differences1. Keiretsu Vs Reform PolicyIn Japan, Keiretsu formed the largest business group and its one of the key contri besidesors to the Japans economy which usually employed Japanese style of management and system. Zaibatsu was the forerunner of Keiretsu which are family run and it is the main business system before randomness World War. in that respect are two types of Keiretsu name ly horizontally organized Keiretsu and vertically organized Keiretsu. In horizontally organized Keiretsu, capital and human resource are virtually knitted together and cross directorships and holding of stock among group members are not uncommon. The cross-holding of stock among the top 6 corporate group was as last as 24% (Tokyo Business Times, 1989) in the late eighties. This allows the group to be very closeand strong. Some of the examples of confederacy with this structure are Mitsubishi and Sumitomo. (Okumaru, 1976).The governing of company are handed to professionals or agents to prevent dispute among group members. In vertically organized Keiretsu, it is formed by a huge parent company.She has its proclaim supply distributorships and suppliers. Every flow and operations of the company follows a top to down process so as to control inventories and manufacturing quality. Many small and sensitive sized enterprises in japan utilize this system. Some of the example of much(p renominal) company are Sony and Toyota. In 1979, China started her reform programme after the initiating of economic open door policy by Deng Xiao Ping. The state government vows to liberalise and modernised Chinas key industry like agriculture, technology and defence. more autonomy are given to the State Owned Enterprise to manage their own division. For example The State Owned Enterprises are given the rights to form their company structure in accordance to the needs of leaner production process or market maximization. Hence, workers are now open to choose and change short letter with respect to their interest and expertise. This highly promotes the effectiveness of the State Owned Enterprises. (Lichtenstein, 1993)The state government also implements the use of Profit and Loss contract (yinkuibaokan) whereby a parcel out of the profits are contributed to the state government and the remaining profit house be kept by the State Owned Enterprise. Chinas state government also und ertake a few other methods to reform, this includes the downsizing of the State Owned Enterprises , setting up of stock exchange in move and Shenzhen and transformed some important industry to shareholding companies so that it can trade. All in all, this gives rise to the socialist market economy in China whereby capitalistic economy way of managing the economy is enforced. 2. Developing its own industries Vs contradictory acquire Investment Ever since the Second World War, Japan has decided to become an export driven economy, and the Japanese have been fast to recover its economy by competing fiercely in the ever increasingly saturated market. The products they are churning out are of good reliability and they often undercut its competitors by a huge margin to win the contract.As illustrated in the case of Hitachi at a gross sales presentation in 1985, Hitachi stressed to undercut its competitors severely. (Fallows 1993) Japan owed its rapid industralisation process to the hu ge domestic exports. The export ranged from the early days textile toautomobiles and later on, high technologies products such as semiconductors. Japan invested heavily on research and development to create high value products to make it desirable to the world. As a result of the severe undercutting of competitors. Japans enterprise have to come out with several ways to enhance efficiency to ensure profitability. Toyota created a system called Just-In-Time (JIT) which express on the redundancy of keeping live inventory. (Uno, 1987) It was first created in the 1950s and later slowly dispersed into the different industries and plants in Japan in the mid-sixties and 1970s. It requires close and collaborative relations with all suppliers for it to work.However, with good implementation, it can ensure lean production with little slack and good flow process. This process brings nigh the envy of the industrialised world especially in the United States. Other industrialised nations tried to emulate the success of JIT, but not always with validatory results due to the poor implementation. Japanese companies also utilize Total Quality Control(TQC) in manufacturing. It is first coined by Professor William Demming of New York City but it is the Japanese that utilize it.The ideas of Total Quality Control is to have no or little tolerance for rework. Reworking a product are deemed as a wastage of time. By adopting a do it once, do it well approach, further time and cost can be saved to make the production lean. After the 1979 economic reforms by the Chinese state government, the state government allow Foreign Direct Investment (FDI) to enter into Chinese market.It is the movement of long term unlike funding that allows a shareholding of at least 10% of the State Owned Enterprises. This usually includes the interchange of technology and know-hows to the host country from the Multi-Nationals Companies (MNCs). As a result of the transfer of technology, the host country in this case the State Owned Enterprises will have gained insights on the production process. Hence, further research and development by the State Owned Enterprises is possible.Also, in 1979, the state government created four Special Economic Zones (SEZs) in Guangdong and Fujian province to encourage the facilitation of Foreign Direct Investment that mainly foreign investment will stay in this four zones. The state government realizes that by creating four zones is not enough to open up the market. Therefore, in the mid-eighties wholly-owned foreign enterprises are allowed and also more east coast ports are opened up to encourage foreign trades and investment.China State government viewedForeign Direct Investment as a very important catalyst to improve its economy. Subsequently, foreign enterprises are given the same treatment as a State Owned Enterprise and the joining of World Trade Organisation in November 2001 makes a very huge milestone in Chinas economic history. Due to risin g manufacturing cost Japan industries, Japan has begun to pour Foreign Direct Investment into China to cut cost. As evidenced by (Kunii et al., 2002) , during the period of first six months of 2002 , Japanese firms concluded deals of $3.15 billion.This goes to show the importance of Foreign Direct Investment for both countries in a win-win situation. Japan can benefit from the low production cost and China can benefit from the capital inflow and technology transfer. As of 2012, China is the leading Foreign Direct Investment in the world. (Perkowski, 2012).3. Socialist Market Economy Vs Capitalist Market EconomyThe socialist market economy is the only model that are used by the Peoples Republic of China (PRC). It is based on the dominance of State Owned Enterprises and maintaining a free open market, its origins can be traced from the Chinese economic reforms introduced under Deng Xiao Ping. During the early stage of economic reform in China, socialism are deemed as the basis for the reform, and therefore has to adopt capitalist techniques to survive.It is also known as the social capitalism despite adopting the free market system of capitalism. (Schweickart, 2006) Japan adopted the system of capitalist market economy which got its influence from her western counterparts. Its a system that encourage free trading in the market in the forms of products, shares and commodities. Despite Japan uses Keiretsu in their business systems, it is however by large using a capitalist system. The need for consumption of luxury products and export of domestic shows the use of capitalist system. Similarities1. Intervention of government bodiesHistorically in Japan history since Meiji Restoration, Japanese government has always played a very important role in the industrialisation. To be able to play catch-up with the western nations, the government deemed the intervention necessary. It also enable the government to be strengthened through the lending of private funds and inve st it in key industries such asshipbuilding, communication in the Meijis government. The intervention of government in financing benefited the large(p) groups of zaibatsu and later on Keiretsu. After the Second World War, the Japanese government once again realised the importance of state support for the companies and economies to grow quickly. (Johnson, 1982) In recent times, Japanese government agencies such as Ministry of International Trade and Industry (MITI) and Ministry of Finance (MOF) have been actively participated in business by giving funds and supports to industry that are of extremity national interest.On the other hand, big business can exert huge influence on the political scene by endorsing political scene that are beneficial to the interest of the big corporation. With respect to Japan, Korean government intervention of chaebols (big conglomerate) are largely similar to Japan. In the earlier days, the Korean government invested heavily and provide financial aids to chaebols such as Lucky Goldstar and Samsung. With the strong backing of the government, these companies are able to flourish. (Song, 1990) By 1990s, the reforming of State Owned Enterprises especially small and medium state enterprises became a top priority for the Chinese state government.After a carefully study by the state government, a new reform system formed under the name of the Regulations for Transforming Managerial Mechanisms of the State Owned Enterprises ( Liberation Daily, 1992). This includes of fourteen kinds of power to instill self-management. Even though, its a move by the Chinese state government to liberalized State Owned Enterprises. But, government steps by steps intervention of the process is still very much needed. Especially, during the early periods of reforms, they are many uncertainties and fluctuations in the market that requires government intervention to ensure the reformations process is smooth and steady.2. Confucianism InfluenceAll the major Eas t Asian management system have been influenced heavily by the Confucian tradition. (Oh, 1983). This includes China, South Korea and Japan which has some olden Chinese co-relation. It does not only has heavy influence towards these countries culturally but also economically. For example In Japan, huge emphasis is put on the seniority in both piece of work or at home. Similarly, likewise for Korea. Respect are to be given to elders or person with high seniority. Individualisms and competitiveness are notpart of the precept of Confucianism.In the economy of these East Asian countries, they are generally competitive and placed a lot of emphasis on individual actualization. Though, these countries are influence deeply by Confucianism, its more applicable to the management level which is at micro level. At macro levels, the government efforts and communitarianism could be the explanation for the competition in the world market.ConclusionIn conclusion, this article has discussed about the similarities and differences between Japan and China. There are three main differences that are discussed in this article. Firstly, its Japans Keiretsu and Chinas reform policy. Japans Keiretsu was the predecessor of zaibatsu and its the dominant force of Japans economy. Deng Xiaoping pushes for economic reforms and turned its communist economy to a socialist economy. Secondly, Japan invested heavily in the research and development of technology as to become world major exports nations. Through the process of undercutting its competitors, Japans enterprises utilize Just in Time process and Total Quality Management to ensure high efficiency and lean production cycle. On the other hand, China relied on Foreign Direct Investment to boost its economy.In the process of Foreign Direct Investment, not only it creates jobs for the country but also learn about foreign technologies through technology transfer. Lastly, the Chinese employed a socialist economic models which is often referred as state capitalism whereby the government still practiced one party communism. Japan on the other hand, support a free trade market which is similar to the capitalist systems in the west. The article also discusses the importance of government or state intervention of the economy.For Japan, the government provides good infrastructure and financial aids to industry that are deemed promising. In china, the Chinese state government slowly guides its economy through intervals of reforms to prevent the reformation for being too fast or slow. Lastly, Confucianism plays a big role in influencing the management style of Japanese and Korean organization but not so much in China State Owned Enterprises.ReferencesBusinessweek, (2002). In Japan , China is Sexy. pp.22-23.Chan, W. (1986). Chu Hsi and Neo-Confucianism. initiative ed. Honolulu Universityof Hawaii Press. Johnson, C. (1982). MITI and the Japanese miracle. 1st ed. Stanford, Calif. Stanford University Press. Laaksonen, O. (1988). Manag ement in China during and after Mao in enterprises, government, and party. 1st ed. Berlin W. de Gruyter. Liberation Daily, (1992). Regulations for Transforming Managerial Mechanisms of the State Owned Enterprises. Lichtenstein, N. (1993). Enterprise reform in China. 1st ed. Washington, DC (1818 H St., NW, Washington 20433) Legal Dept., World Bank. Oh, T. (1983). A comparative degree Study of the Influence of Confucianism on Japanese Korean, and Chinese Management Practices. 1st ed. Honolulu Academy of International Business Asia-Pacific Dimensions of International Business. Okumaru, H. (1976). Six Largest Business Groups In Japan. 1st ed. Tokyo Diamond Publishing. Perkowski, J. (2012). China Leads In Foreign Direct Investment. online Forbes. Available at http//www.forbes.com/sites/jackperkowski/2012/11/05/china-leads-in-foreign-direct-investment/ Accessed 12 Aug. 2014. Schweickart, D. (2006). China Market Socialism or Capitalism?. p.137. Song, B. (1990). The rise of the Korean econo my. 1st ed. Hong Kong Oxford University Press. Tokyo Business Time, (1989). Intimate Links With Japans Corporate Groups. pp.14-19. Uno, K. (1987). Japanese industrial performance. 1st ed. capital of The Netherlands North-Holland. World Bank, (2014). Gross Domestic Product 2013. online Available at http//databank.worldbank.org/data/download/GDP.pdf Accessed 31 Jul. 2014. Word Count 2503 words