Statistical Package For Social Sciences Education Essay

This chapter shall show the information gathered in the study and interview conducted by the research worker. The quantitative consequences gathered undergone assorted statistical trials through the usage of Statistical Package for Social Sciences ( SPSS ) . The qualitative informations obtained from the interviews were discussed and analysed in relation to the bing literature. Cronbach ‘s Alpha Normally, the Cronbach ‘s Alpha dependability coefficient ranges between 0-1. However, there is no existent bound for the coefficient. The closer Cronbach ‘s alpha coefficient is to 1.0 the greater the internal consistence of the points in the graduated table. Based upon the expression _ = rk / [ 1 + ( k -1 ) R ] where K is the figure of points considered and R is the mean of the inter-item correlativities the size of alpha is determined by both the figure of points in the graduated table and the average inter-item correlativities. George and Mallery ( 2003 ) provide the undermentioned regulations of pollex: â€Å" _ & gt ; .9 – Excellent, _ & gt ; .8 – Good, _ & gt ; .7 – Acceptable, _ & gt ; .6 – Questionable, _ & gt ; .5 – Poor, and_ & lt ; .5 – Unacceptable † . In the instance of the obtained informations, the dependability coefficient is.887 which indicates good dependability coefficient. While increasing the value of alpha is partly dependent upon the figure of points in the graduated table, it should be noted that this has decreasing returns. It should besides be noted that an alpha of.8 is likely a sensible end. It should besides be noted that while a high value for Cronbach ‘s alpha indicates good internal consistence of the points in the graduated table, it does non intend that the graduated table is unidimensional. The dimensionality of the graduated table can be computed utilizing the factor analysis which will be discussed in the following subdivision. Factor Analysis The method followed here was to first analyze the initial responses of the participants with a position to choosing a subset of features that might act upon farther responses. Then, study responses were analysed at the point degree, utilizing figures, tabular arraies, or text entirely, to supply a first feeling. These point degree responses were scrutinised for underlying forms via factor analytic processs ( Note that all processs reported here utilise SPSS ) . A requirement for including an point was that responses were non excessively severely skewed ( i.e. , 90 % or more of responses clustered in individual cell ) and that more by and large, the degree of response to that point was non deficient ( & lt ; 15-20 % ) to destabilize analysis. The factors identified in this manner correspond to the primary subjects or latent variables to which letter writers seem to be reacting in footings of assorted related points. The protocol adopted here for factor analysis was to utilize default scenes ab initio ( Principal Axis Factor – PAF ) and to revolve the matrix of burdens to obtain extraneous ( independent ) factors ( Varimax rotary motion ) . The premier end of factor analysis is to individuality simple ( points loadings & gt ; 0.30 on merely one factor ) that are explainable, presuming that points are factorable ( The Kaiser-Meyer-Olkin step of trying adequateness trials whether the partial correlativities among variables are little. Bartlett ‘s trial of sphericalness trials whether the correlativity matrix is an individuality matrix, bespeaking that the factor theoretical account is inappropriate ) . Once clearly defined and explainable factors had been identified ( Factor loadings = & gt ; .10 were illustrated via an included tabular array even though merely point burdens & gt ; 0.30 were considered relevant to factor burdens ) , and responses related to these factors were saved in the signifier of factor tonss. These Bartlett factor tonss are tantamount to sub-scale or scale tonss with agencies of nothing and standard divergences of one ( z-scores ) , and with participants credited with separate tonss in relation to each identified factor. A Principal Axis Factor ( PAF ) with a Varimax ( extraneous ) rotary motion of 22 of the 24 Likert scale inquiries from this study questionnaire was conducted on informations gathered from 20 participants. An scrutiny of the Kaiser-Meyer Olkin step of trying adequateness suggested that the sample was factorable ( KMO=.698 ) . Descriptive Statisticss The descriptive statistics computed the mean, standard divergence, and the discrepancy of in between constituents of the variable presented. Table 1 shows the sum-up of the said calculation. The calculation revealed that it has -3.439 random effects on the variables. Table 1 – Summary of Descriptive Statistics Computation of Variables Nitrogen Mean Std. Deviation Std. Mistake 95 % Confidence Interval for Mean Minimum Maximum Between- Component Discrepancy Lower Boundary Upper Bound 75 3 85.00 5.292 3.055 71.86 98.14 79 89 76 2 88.50 .707 .500 82.15 94.85 88 89 77 1 89.00....89 89 78 1 82.00....82 82 79 1 87.00....87 87 80 1 89.00....89 89 82 1 94.00....94 94 83 1 88.00....88 88 84 1 90.00....90 90 85 4 87.75 .957 .479 86.23 89.27 87 89 86 1 80.00....80 80 87 4 85.75 5.965 2.983 76.26 95.24 77 90 88 1 89.00....89 89 89 4 89.25 2.062 1.031 85.97 92.53 87 92 90 3 81.67 9.074 5.239 59.13 104.21 75 92 92 1 87.00....87 87 Entire 30 86.77 4.614 .842 85.04 88.49 75 94 Model Fixed Effectss 4.953 .904 84.83 88.71 Random Effectss .904a 84.84a 88.69a -3.439 Another high spot of the descriptive statistics is the frequences of the evaluations achieved by the kindergartners. Tables 2 and 3 summarize the frequence.Table 2 – Summary of Preschoolers Rating Frequency before Portfolio AssessmentFrequency Percentage Valid Percentage Accumulative Percentage Valid 75 3 9.7 10.0 10.0 76 2 6.5 6.7 16.7 77 1 3.2 3.3 20.0 78 1 3.2 3.3 23.3 79 1 3.2 3.3 26.7 80 1 3.2 3.3 30.0 82 1 3.2 3.3 33.3 83 1 3.2 3.3 36.7 84 1 3.2 3.3 40.0 85 4 12.9 13.3 53.3 86 1 3.2 3.3 56.7 87 4 12.9 13.3 70.0 88 1 3.2 3.3 73.3 89 4 12.9 13.3 86.7 90 3 9.7 10.0 96.7 92 1 3.2 3.3 100.0 Entire 30 96.8 100.0 Missing System 1 3.2 Entire 31 100.0Table 4 – Summary of Preschoolers Rating Frequency after Portfolio AssessmentFrequency Percentage Valid Percentage Accumulative Percentage Valid 75 1 3.2 3.3 3.3 77 1 3.2 3.3 6.7 78 1 3.2 3.3 10.0 79 1 3.2 3.3 13.3 80 1 3.2 3.3 16.7 82 1 3.2 3.3 20.0 87 7 22.6 23.3 43.3 88 3 9.7 10.0 53.3 89 9 29.0 30.0 83.3 90 2 6.5 6.7 90.0 92 2 6.5 6.7 96.7 94 1 3.2 3.3 100.0 Entire 30 96.8 100.0 Missing System 1 3.2 Entire 31 100.0 One Way Analysis of Variance ( ANOVA ) One manner Analysis of Variance ( ANOVA ) is done with the dependant variable which is the reading development of the kindergartners with the independent variable which is the portfolio appraisal. The computed F value for the tonss of the kindergartners is.745 which is greater value of significance which is.711. This show a important consequence of the portfolio appraisal in the addition of acquisition of the kindergartners based on a 0.05 degree of significance. Discussion of Questionnaires Question 1 – What are the things that can actuate kids to be interested in reading? Based on the gathered consequences most of the kids are motivated to be interested in reading by agencies of the ocular artworks that accompany the stuffs. Besides, the kids are motivated based on the learning scheme of the instructors during the talks. Another relevant factor in the kids ‘s involvement is the wages system being given if they are making great in their several work. Question 2 – In your observation, about how long does it take for kindergartners to accomplish entire reading development? Based on the consequences gathered, most kindergartners achieve entire reading development in about six months. This is in close coordination of instructors every bit good as the parents in practising their kids. However, there are kindergartners that develop their full reading ability in about a twelvemonth. Assorted factors affect this such as the kid ‘s involvement, sum of coordination and monitoring of parents among others. Question 3 – Based on your experience, what is the feedback that you get from pupils when they are making their portfolios? Based on the consequences gathered, the common feedback that pupils have with respects to their portfolios is that it ‘s really interesting and they find it really utile towards the betterment. However there are pupils that are happening the portfolio really hard and finds it as a challenge. Question 4 – What differences do you detect in the span of clip of reading development activities where portfolios are involved and those that are non? Based on the collected consequences, the major difference observed in the underdeveloped activities of the pupils under the portfolio is that their comprehension has been improved. Besides, their involvement towards reading has been improved. Although there are pupils that does n't look to do a difference towards their reading attitude and wonts. Those pupils that are non under the portfolio did non do any difference with respects to their reading attitude and wonts prior to the survey. Question 5 – Do you believe the responses to these portfolios depend on the group of kids that are being taught? Based on the gathered information from the instructors, the assorted responses of the kids on the portfolios being taught depends upon the age group of the kids. This was observed by the instructors with older pupils that develop their involvements and reading attitudes significantly. On the other manus, younger pupils under the portfolio does n't look to develop every bit much involvement as that of the older 1s. Question 6 – Based on your professional experience, does a portfolio appraisal consequence accurately reflect the degree of reading development of a kid? Based on the consequences gathered from the professional experience of the instructors, the portfolio appraisal can reflect the accurate degree of the kid ‘s reading development. As per Chen and Martin ( 2000 ) portfolio appraisal makes usage of happy standards that are indexs of success. Portfolio appraisal is an efficient tool for finding a pupil ‘s learning degree and degree of betterment. Portfolio appraisal besides encourages student-teacher interaction and therefore encourages interactive larning utilizing diverse instructional methods. Numerous surveies ( Chen & A ; Martin ; Colley & A ; Walker, 2003 ) demonstrated that portfolio appraisal can be helpful in bring oning acquisition, peculiarly in reading ( Afferblach, 2007 ; Hillmer & A ; Holmes, 2007 ) . Question 7 – Describe the extent to which you believe the usage of portfolios in the schoolroom has improved reading direction. The instructors interviewed in the survey believed that the extent of the betterment in the reading direction by agencies of the portfolios are important. Portfolios can supply grounds that pupils have met criterions that a assortment of learning techniques are used in the schoolroom, and that pupils are actively engaged in larning ( Damiani, 2004 ) . Portfolios can assist instructors assist pupils realistically appraise themselves by supplying specific qualitative ends and forms that avoid vagueness, unrealistic positive or negative self-evaluation, either-or thought ( the work is either good or bad ) , or perfectionism ( Damiani ) . Question 8 – Based on your experience, should the usage of these portfolios be implemented in all schools that teach preschool kids? Based on the response of the instructors, they believe that the execution of the usage of portfolios in schools that teach preschool kids is in topographic point. Student portfolios can besides function as theoretical accounts for instructors to develop their ain portfolios to demo their professional development. A instructor ‘s professional portfolio could include a statement of learning doctrine ; videotapes of successful categories, course of study stuffs developed ; class course of study ; sample lesson programs ; professional development ends and aims, professional development seminars, categories, or workshops attended ; articles published ; pupil ratings ; acknowledgment awards or certifications ; professional associations, and principal ‘s and supervisor ‘s ratings ( Attinello, Lare, & A ; Waters, 2006 ) . Question 9 – What betterments can you propose for the betterments of these portfolios? Most of the instructors ‘ suggestions sing the betterment of the portfolios are the customization of the portfolios into assorted reading ability degree. Portfolio-based appraisal is one option to standardise assessment methods and is believed to offer more authority as an appraisal method ( Miholic & A ; Moss, 2001: King, Patterson, & A ; Stolle, 2008 ) . While attacks involved in this method differ, they have in common digests of the work activities of pupils, besides known as the pupil portfolio ( Au, Raphael, & A ; Mooney, 2008 ; Berryman & A ; Russell, 2001 ; Hillmer & A ; Holmes, 2007 ) . This aggregation shows the attempts exerted by pupils and their personal academic development and accomplishment. Included in the aggregation are indicants of the engagement of pupils in choice of contents, standards for choice and judging virtues, and confirmations of the pupil ‘s self-reflection ( Miholic & A ; Moss ; Hillmer & A ; Holmes, 2007 ) . The portfolio is intended to in carnate a digest of the plants or attempts by pupils considered as their ‘best ‘ ; that is, pupils ‘ personal choices of their sample work activities and of import paperss that pertain to accomplishments and advancement ( Lynch & A ; Struewing, 2001 ; Hope, 2005 ) . Question 10 – What other stairss or processs do you urge to back up portfolio appraisal of kindergartners? The most common recommendation based on the instructors ‘ responses is the portfolio should be customized depending on the degree of reading ability of the pupils. In some attacks, instructors normally scan through the portfolio and measure the work with mention to a hiting usher. In some instances, pupils or their schoolmates would besides rate their plants. A acquisition record is so prepared by the instructor, which shows the concluding mark with affiliated confirmations such as a sample essay ( Lynch & A ; Struewing, 2001 ; Hillmer & A ; Holmes, 2007 ; Hope, 2005 ) . Decision Chapter 4 is the presentation of the consequences, analysis and treatment of the informations gathered from the respondents of this survey. The quantitative informations gathered were analysed utilizing the statistical trials Cronbach ‘s Alpha for dependability of the information gathered ; Factor Analysis for the scrutiny of the initial responses of the respondents ; and One Way Analysis of Variance ( ANOVA ) for the dependant and independent variables. On the other manus, the qualitative informations were discussed in relation to the bing literature sing the topic of the survey. The computed informations revealed that there ‘s a important consequence of the portfolio appraisal in the addition of acquisition of the kindergartners based on a 0.05 degree of significance.

Benefits of Program Evaluation to Decision

Program evaluation refers to the systematic process of gathering data and putting them all together in order to generate an overall assessment of a program, policy or project needed in decision-making. It provides a list of the strengths and weaknesses used in assessing the efficiency of a program. Both profit and non-profit organizations depend on program evaluation as a tool in gauging the performance of their projects. Often ignored in the process of program implementation, program evaluation is, in fact, necessary in providing constructive information for the improvement of an organization.In an evaluation, the data analyzed serve as guide for decision-makers on how well a program or project is operating. This answers questions regarding the effectiveness of the program to the implementer and beneficiaries, the attainment of the program goals and objectives, and the options for future improvement (McNamara, 2002). Evaluation of the internal and external factors affecting the oper ation of the program aims to provide credible, objective, and pertinent conclusions to decision-makers.Internal evaluation, covering all levels of an organization, requires the participation the program staff and stakeholders in the assessment of the program operation. External evaluation, on the other hand, takes account of the changing conditions outside of the organization that may have an influence to the performance of a program (Freeman, 2006). Findings of a program evaluation would serve as ground for the betterment of a project and the organization, as well.This would also serve as basis for the maintenance of existing program policies and construction of more cost and time-efficient operations. Moreover, evaluation can serve as basis for other organizations in carrying out analogous plans. References: Freeman, B. (2006). The Importance of Program Evaluation. from http://501cweb. wordpress. com/2006/12/30/the-importance-of-program-evaluation/ McNamara, C. (2002). A Basic Gui de to Program Evaluation [Electronic Version], from http://www. tgci. com/magazine/A%20Basic%20Guide%20to%20Program%20Evaluation. pdf

Pip and Magwitch Essay

Throughout the novel Great Expectations the reader will find that Magwitch plays a significant role to the plot of story. Not only does Dickens use Magwitch to form the main foundation of the story he also uses the character to convey Dickens’s view on important themes such as crime, punishment, social status and betrayal. In this presentation I will explore the ways in which Magwitch is presented and talk about and his significance in the novel. We are first introduced to Magwitch in chapter one. The reader becomes familiar with the character Pip; we learn he is a child who is alone in the graveyard and is mourning over the death of his family. The reader knows that not only would this upset Pip, it could make him feel frightened because as a child you are dependant on your family members to keep you safe. He makes it sound as if Pip was recalling what it felt like to be a child, like when we get the impression that he could have been exaggerating about wilderness and so on before him. An image is described, such as ‘the low leaden line beyond’ and this then is revealed as what it actually is; the river. This gives the effect that not only Pip is confused and lost by his surroundings but also and therefore scared and intimidated by them. Dickens delivers Pip’s emotions cleverly because there is no direct reference to how he is feeling at first. This is very good building up to the shock of first meeting Magwitch. The writer uses direct speech for his first words, which come out suddenly, at no particular starting point and with impression that they are loud! He says ‘Hold your noise. ‘ which sounds at first so abrupt it could be almost like he is trying to save Pip, that he fears for Pip too. We then read on to see how Magwitch is presented physically. He is wet and muddy, and is described as being stung by nettles, so he obviously does not look after himself properly. He is shivering and limping, so he may be unwell as well as cold. His shoes are broken and he has no hat or proper clothes which shows he cannot afford them. He has a very informal way of speaking, and is eager to see the scrap of food he finds on Pip, so this also shows that he is poor and working class. This could be because, or the results of being a criminal. The first chapter is important; we now know exactly what Magwitch looks like and how he is presented. As mentioned in the introduction, Magwitch is significant in the plot. The fact that he appears in the very first chapter makes us assume he is a main character, even though he does not reappear until later in the book when the reader either has completely forgotten about him or thinks it is very unlikely that he will appear again with the current story line, especially as at the end of chapter three it says ‘the last I ever heard of him. ‘ When he does make his unexpected reappearance in Chapter thirty-nine, he reveals news that causes him to become the centre of almost every aspect of the story line. By the end of Chapter fifty-four and when mysteries are revealed and loose ends tied we come to realise that Magwitch is somehow connected to every character. Pip, obviously because of the money he gives that cause him to become wealthy and middle-class. His lost past with Molly and Estella, his daughter, who was adopted by Miss Haversham. Also he is connected to Joe because it was his whittles and file he used to set him free. Perhaps he is connected to Mrs Joe because he murdered her. When Magwitch dies during chapter fifty-six, it impacts the plot and the characters, especially Pip. Magwitch influences other characters, especially Pip and sometimes they influence him too. Had it not been for Magwitch the way people behaved may have been very different! We do not know much about Pip before he meets Magwitch, but afterwards we find him to be cautious, for example how nervous he was when he meets Miss Haversham. This could have been a lasting effect from his fears upon first meeting Magwitch. Pip may have been so shocked by the way that the poor lived that he becomes even more determined to become a gentleman. It gave him an insight to the lives of the very poor. In chapter three Magwitch seems to wait all night just for the food Pip has brought him. Pip may have recognised his determination and perhaps used this will when he is seeking Estella as his wife later during the book. Magwitch may have been so grateful towards Pip that it made him feel like he should try and become a better person. Both Pip and Magwitch taught each other that you should not always be judgmental. For Pip, it was that he was at first very afraid of Magwitch and thought he was going to be scary. Later on he realises that he only was behaving in a threatening way because he was hungry and desperate for food.

Talk to Frank Programme Essay Example | Topics and Well Written Essays - 4000 words

Talk to Frank Programme - Essay Example The UK government, concerned about the rising illicit substance use, and its helplessness in combating it tried something novel in 2003. It launched an anti-drug campaign called ‘Talk to Frank’ which is a combination of drug related information and helpline for addicts and casual users. â€Å"The government says it is the first campaign aimed at parents and carers as well as teenagers.†Ã‚  The helpline, in fact can be used by anyone interested or concerned about drug usage by a relative or a friend. The campaign is implemented with the backing of the UK Home Office, the Department of Health, and minister of education. Critics say that the campaign only addresses use of class A drugs. The UK law has classified illicit drugs into three categories namely class A, B, and C. The Home Office has included the following drugs as coming under class A namely â€Å"Ecstasy, LSD, heroin, cocaine, crack, magic mushrooms, and amphetamines.† (Drugs).According to the Misus e of Drugs Act, the most harmful among the above classifications is included under class A. The Act proclaims that â€Å"These drugs are termed as controlled substances, and Class A drugs are those considered being the most harmful.† (Drug laws & licensing). The campaign is shown as advertisements on TV and the press and only says that a help-line is available along with a website called â€Å"talktofank.com.† In other words, the website and the helpline comprise the whole programme. The website appears a bit garish or even psychedelic. It can be said that the site is very unattractive visually and is badly designed. It has five main menus, namely ‘A-Z of drugs, Join In, Talk to Frank, Worried about someone, Need Help, and Share. It also clearly shows the helpline number on the top of the page. The Join In section enables the public to share their experiences with others. The section also provides information on how drugs alter the state of mind. A lot of importa nce is given to cannabis and cocaine, probably because of their dangers and widespread use. More links on how ‘ecstasy’ and ‘LSD’ affect the mind is also provided. As an example, an extract of the information the site gives on cocaine is given below. â€Å"Coke is very addictive. It can be difficult to resist the craving and strong psychological dependence due to changes in the brain. Recent evidence suggests possible long-term changes to the nervous system.  

The role of bureaucracy in economic development in Argentina Essay

The role of bureaucracy in economic development in Argentina - Essay Example Though bureaucracy in administration whether public or governmental has always given rise to many problems, but still there are hopes that a "brand new" bureaucracy has a long way to go towards economic development and consolidation of its institutions (Ducote, World Governance Survey) In circumstances where the slow process of Argentina's economic decline which intensified after World War II remained unable to get back to the colonial times, after 1853 was modernized. The early 20th century was the most favourable time when amazing progress was carried out at the political and economic level. Despite attaining independence from Spain, Argentina after spending many decades under the influence of Spanish democratic government continued with constitution with the old colonial features which began to reappear in Argentine administration (Hamilton, 2005). The integrated formulation predicts that the shift from populist authoritarian rule (1952) and to bureaucratic-authoritarian rule (1966) should not have produced fundamental policy changes in certain areas. These areas comprised of military in ad hoc provision, welfare and public works programs and a depoliticized system. By the early 1950s, cabinet instability had become chronic with a large scale development of a highly unionized public bureaucracy. The bureaucracy caused many problems like development of the cyclical balance-of-payments, foreign exchange. The economic inflation problems along with a combination of the cumbersome and inefficient public bureaucracy caused drainage of the resources elites had at their command (Most & Rienner, 1991, p. 67). Despite the impressive economic achievements since Independence, the re-emergence of colonial practices condemned Argentina to a trajectory of underdevelopment that could not be reversed by the democratic administrations of the 1990s. Background - The role of Military in Bureaucracy Military organizations were complex bureaucracies that uphold functional divisions. Those divisions affect not only the ways in which the military organizes work but also the ways in which it may fracture in the face of other kinds of challenges. (Norden, 1996, p. 108) The ad hoc military's role in the government should have been largely provisional. The size and complexity of the government should have increased as a result of the initiation and expansion of a variety of welfare and public works programs during the populist period without any concerted efforts to reorganize or control the growing bureaucracy. The impact of such developments on the bureaucratic-authoritarian coalition of the post-1966 period should have attempted to establish an exclusionary and depoliticized system. The military members of the bureaucratic authoritarian coalition should have unified themselves and taken control of the government with a view to establishing a more or less permanent military dictatorship. The technocrats of the bureaucratic authoritarian coalition should have rejected the political bargaining, electioneering, and pressure group politics that distorted earlier efforts at objective policymaking. The technocrats therefore decided to reorganize the sta te, increase its operating efficiency, and 'rationalize' its policymaking. The shift from the autocratic to bureaucratic Government was not supposed to have produced fundamental

Use of iPads in schools Research Paper Example | Topics and Well Written Essays - 750 words

Use of iPads in schools - Research Paper Example This document sets out to explore the major opposing views of implementing the iPad technology into academic learning. Most schools across the country are still finding or rather struggling to find just how new technological developments might educate students in a better way. Recent research shows that in thirty one US states, approximately 275,000 K-12 students were taking online classes (Valstad, 2011). Administrators of different schools are handing out iPads and encouraging students and teachers to find new and better ways in which they can use these gadgets to learn. Whereas the issuance of individual iPads to students and teachers is highly present in high-income earning students, those on the other end have a disadvantage in terms of access and use of the gadget. As much as many may be saying the technology-driven learning eases the whole learning process, making it more streamlined and efficient; a close attention needs to be paid with respect to the negative impacts associated with the use of this education-driven technology in school. One Matt Burns believes that iPads should not be in classrooms due to the fear of them turning into another prop for current scholars just in the same way calculators have made sure that children or rather students actually no longer need to know how to do mathematics (Henderson and Yeow, 2012). According to Valstad (2011), kids in the temporary classes are now taught to pass tests. Knowledge is externalized, stored on some server or gadget up to when they are needed. Despite the learning process being prevale nt in schools, the storage of thoughts and facts is not. iPads and their digital textbooks will only serve to further this problem as all it takes is a click on a word to get its meaning and or definition. In addition, Henderson and Yeow (2012) mention that students in classrooms are likely to suffer from potential distraction where

Kettle Mountain Mining Company Case Study Example | Topics and Well Written Essays - 750 words

Kettle Mountain Mining Company - Case Study Example To be exact, as per the investment analysis, the railway project is estimated to cost (80,000,000 + 25,000,000 + 1,000,000) = 106,000,000. However, if the Federal Government accepts the company’s petition for subsidy, the share of the project cost to the Kettle mining company would be (106,000,000*0.5) = $ 53,000,000. The subsidy would help reduce the burden of the project for the company. Therefore, Dr. Rousseau should consider going public to raise the amount required for investment. Secondly, if, as is recommended, the Kettle mining Company decides to go public, the company’s capital structure must change to reflect the debt borrowed from the public through the issuance of an IPO. In that case, Dr. Rousseau, who seems to oppose the IPO option must make sacrifices and relinquish a portion of the company’s control to the new shareholders. The IPO is the best option since it provides a long-term source of funds, which is appropriate for investments such as railro ad development. It is also important to consider the fact that a loan from a bank has been negotiated at a cost of 11%. This source of finance will increase the company’s weighted cost of capital to 5.8%. Comparatively, the IPO option is better than the loan option for the reason that the loan restricts the company’s decision-making and must be called back on maturity, while the IPO can only be called back when the company goes under receivership (CMA Canada, n.d, p. 1-3). Third, currently, the company heavily relies on road and air transportation media. The cost of the road transportation during winter totals to $ 2 million and that of air transportation during the spring and summer totals to $ 3.5 million. If the project is undertaken, these costs will be avoided. In addition, the train is expected to provide transport and freight services to residents of Carlsbad and Whitehorse, which is expected to generate revenues.

MAN SEARCH FOR MEANING Essay Example | Topics and Well Written Essays - 750 words

MAN SEARCH FOR MEANING - Essay Example Uninterrupted and successive strokes of negative impacts naturally cause gloom leaving a sense of bleak future. Although intermittent, impacts of positive feedbacks create a sense of over confidence which many times pave way to egotism and subsequent pitfalls thereby maintaining a vicious cycle. Oscillation between these two ends weakens human mind to land on a clear cut understanding what the meaning of life is. In fact, it is very fluid. To conceptualize the concept the phenomena and the factor of time have necessarily to be judged in the right sense. For the meaning of life differs from man to man, from day to day and from hour to hour. What matters, therefore, is not the meaning of life in general but rather the specific meaning of a persons life at a given moment. As such, according to Frankl, any verdict, judgment or assessment at a moment is subject to change at any other moment. This passes much light on our sheer incapacity to act on the strength of our ideology framed already on the basis of previous affixing of meaning. Going by the events around us becomes inevitable in several circumstances especially when under the influence of fetters. Multifaceted approach is practically impossible as the only process of thinking is concentrated in getting the fetters released. Even the various aspects of ideologies are diverted towards the same direction. Only by allowing a very strong contention of good hope of release would make it possible to think outwards. Such strong contention allows accepting things as such. Once we begin to accept things as they are, a ray of brightness enters. Lateral thinking feasible only under conditions of complete fulfillment or contentment. However, honing of our thinking process is made convenient under fettered situations. Several mighty works of great people have emerged at prisons. This proves the truth that man begins to observe his own

Research how to prepare for an interview Essay Example | Topics and Well Written Essays - 500 words

Research how to prepare for an interview - Essay Example Several factors used to reach a salary level include the supply and demand of labor, education level and experience of employees, competition, geographic location and the organization offering the job (Krugman, 2007). When certain job markets demand a high supply of labor, but there is a shortage of enough qualified individuals to take them up, employers will offer the few available higher salary tags in a bid to attract and retain them. Those who possess the necessary knowledge, skills and experience, stand to receive a higher salary offer (Krugman, 2007). Another factor determining salary is the geographic location of the employees’ posting. For example, an organization may be having branches in various states, and a new employee is to be posted to a state different than the one the interview occurred. Such an employee will receive a higher salary to compensate his moving away from his home state (Krugman, 2007). Furthermore, geographically different regions have different living costs; thus different regions will offer different salaries for the same job and experience (Krugman, 2007). There are some states whose minimum wages exceed the federal minimum rate, and in those states, the employer pays whichever is higher. Employers also base their salary rates on what their competitors are paying. After running searches and getting an idea of what the competition pay, most employers will offer higher salaries in order to outbid them in acquiring the best skilled employees available. In cases where the government is the employer, government guidelines determine salaries. For example, the price of the bid or tender placed on the project for which the employee, or subcontractor, is being hired will play a part in determining their pay. Factors that cause salaries to differ within the same position include the industry, responsibilities, education

Prerogative Has Been Abused Essay Example | Topics and Well Written Essays - 1000 words

Prerogative Has Been Abused - Essay Example It is not surprising thus to witness managers terminating employees for any reason they deem fit, sometimes basing their decisions on pure discrimination and ‘whistle-blowing’. This largely creates conflict in the workplace (Price, 2007). A number of reports indicate that a good number of managers exhibit harassment to their subordinates, some sexual in nature. No wonder, a number of acts and pieces of legislations, the world over, prohibit discriminatory harassment including sexual harassment (Frankaro, 2007). The other area where managers seem to overstep their boundaries is in management of customer relationship and employee interaction. Related to this is placing bottlenecks of employees’ communication with clients and sometimes within themselves, tailored around the ‘ebb and flow’ of communication as defined by the management. Sometimes, managers consciously or unconsciously inhibit the flow of communication between workers to promote witch-hunti ng and cause incitement. Most of them are not cognizant of the fundamental requirement associated with this and sometimes base their fear and defensive action on their insecurities and inferiority complex (Gollan, 2005). Actions of some employers represented by the managers are de-motivating to employees. Micro-management is an issue that many employees detest. The practice sometimes arises from the concern of most managers to have particulars mini-details, and pressure to deliver results within a particular unreasonable timeline (Gennard, 2006). Much as it has been argued that micromanagement is effective to bring lazy and procrastinating employees into action, oftentimes, micromanagements could be based on pure inferiority complex and other set of insecurities or as a strategy to dismiss an employee. In order... The managers-subordinate relationship can be described as good and bad. Employees are tired of being bullied at the work-place and micromanagement does more evil than good. The solution for improvement, however, lies in managers taking a step to enhancing the cordial relationship. The delegation of duties is very important. These will facilitate a highly productive and warmer workplace that ensures employees recognition and positive sanctioning. The other way certainly is facilitating regular meetings between employees and managers, as well ensuring that communication between the two is promoted. employees become timid in taking initiatives and making sacrifices since they feel that whatever they do is not positively sanctioned. To the Manager, walling-up, and shutting-down his effort becomes the order of the day since she/he will harbor the belief that no one listens. Interestingly, behaviors of managers such bullying has led to incidences of physical confrontations and violence in the workplace. Bernadi, for example, reports a case a high profile violence of one Pierre Lebrun, who was working at OC Transport in Ottawa, Mexico, where the employee shot people, with five of them reportedly dying, and him ultimately committing suicide.

Understanding the new hazards associated with terrorism Essay

Understanding the new hazards associated with terrorism - Essay Example The basic purpose of this education campaign is to make sure that the general public allays its fear of terrorism and gets to know a better idea of how things shape up within the relevant scheme of things as far as the discussion of terror is concerned. This will be resolved amicably if there is an understanding that the terrorism is a sin in its most heinous form and shall always be tackled in a proper manner. The public education campaign would bank on detailing the hazards that would mar the very basis of spreading terrorism (Masse, 2009). The efforts would be on hand to make sure that the people remain abreast of the changing terror related events that are spread all over the world, and can happen anytime anywhere. What is most important under such a setting is to know that people are being told what they ought to know so that sanity could prevail within their related ranks. This public education campaign will list down the significant steps that need to be understood by all and sundry, as well as apprise the people as to how they must change their respective courses over a period of time. It will tell the audience what precautionary measures they need to take and how proactive attitude could lead to minimal loss of life and property in the long run.

Benefits of Nonverbal Communication Essay Example for Free

Benefits of Nonverbal Communication Essay Certain things are not conveyed by words or verbal means because individuals are not simply skilled to deliver or are not trained to explain in appropriate means or symbols. An officer can definitely learn from an understanding of nonverbal communication as he/she will be able to gain the nuances of an offender or parolee’s responses whether these are in consonance with the gaze in his eyes, the confidence of gait, or the studied looks that he may portray during the sessions that might transpire with the officer (Messina, Training in Nonverbal Communication). An officer who has spent a lengthy time studying people in this kind of profession, the difficulty usually lies in studying those who are mentally deranged, or the offenders who are so evil that they are capable to manipulate even the most intelligent officers, when possible. Their eyes convey differently where their talk or smiles carry them to a different level (Carrick, 2006). Art in any form conveys the reality that a human’s world is enriched by the kind of communication inherent in being human. Even one’s attire may speak a million things about the person or his intentions. People communicate both through verbal and nonverbal modes. Though we mistake verbal communication is clearer, yet often the reverse is truer (Messina, Training in Nonverbal Communication). People frequently understand our gestures more than our words. Hence, the adage â€Å"Actions speak louder than words. † Nonverbal communication is taught and performed frequently on an almost instinctive level. People get attention by using nonverbal signals and every so often the attention is usually due to an unpleasant manner by which these signals were conveyed. Most people who employ body language utilize such behavior to conceal the self for fear of rejection. The result would mean no real deep connections and deters other people to develop such deep and beneficial relationships. Many of those who realize their need try to unlearn years of covering up and attempt to make themselves known to avoid (Messina, Training in Nonverbal Communication). Every individual has inadequate stock of body language and utilizes the same manners to show specific emotionality. Body language and/or gestures, and a host of physical and psychological signals take place in clusters. This means that when a particular body language is used, it may not mean much as when it is used alongside many other forms of communication (Messina, Training in Nonverbal Communication). The officer then must continually make use of every opportunity as a learning experience as people are dynamic and continually changing. Reference: Carrick, Damien. 31 January 2006. The Law Report. Parole Boards. Messina, James D. Training in Nonverbal Communication. Accessed from Analysis of Cultural Communication and Proxemics http://www. unl. edu/casetudy/456/traci. htm

Promotional Mix Of Tata Docomo

Promotional Mix Of Tata Docomo Tata DOCOMO is Tata Teleservices Limiteds (TTSL) telecom service on the GSM platform-arising out of the Tata Groups strategic alliance with Japanese telecom major NTT DOCOMO in November 2008. Tokyo-based NTT DOCOMO is one of the worlds leading mobile operators-in the Japanese market, the company is clearly the preferred mobile phone service provider in Japan with a 50 per cent market share. NTT DOCOMO has played a major role in the evolution of mobile telecommunications through its development of cutting-edge technologies and services. Over the years, technologists at DOCOMO have defined industry benchmarks like 3G technology, as also products and services like the i-modeTM, mobile payment and a plethora of lifestyle-enhancing applications. Today, while most of the rest of the industry is only beginning to talk of LTE technology and its possible applications, DOCOMO has already started conducting LTE trials in physical geographies, not just inside laboratories! . Despite being a late entrant, Tata Indicom, TTSLs CDMA brand, has already established its presence and is the fastest-growing pan-India operator. Incorporated in 1996, Tata Teleservices Limited is the pioneer of the CDMA 1x technology platform in India. Today, Tata Teleservices Limited, along with Tata Teleservices (Maharashtra) Ltd, serves over 37 million customers in more than 320,000 towns and villages across the country offering a wide range of telephony services including Mobile Services, Wireless Desktop Phones, Public Booth Telephony and Wire-line Services. Promotional Mix Strategies Adopted by TATA DOCOMO ltd. As a telecom service provider company DOCOMO core product is its SIM card and services. It adopts many sales promotional mix tools to capture the market. The main tools which, company has adopted to promote sales are: Advertising Sales promotion and CSR Events and experiences Public relations and publicity Direct marketing ADVERTISING As a medium of exchange TATA DOCOMO has adopted many campaigns to hit the market. The campaign, which will run through the festive season, aims to stand out with two key selling points: one, its tagline Do the New; and two, its differentiated tariff plans. Do the new is a concept that prompts every citizen to do something new, even if its a small thing. It appointed Pooja Chopra (Femina Miss India World 2009) and Krushnaa Patil (the youngest girl to conquer Mount Everest) as brand ambassadors. For Tata DoCoMo, doing the new has also meant charging the user per second, and not per minute. The basic tariff is one paisa per second for both local and STD calls, a deviation from the industry practice of a 60-second billing. The company claims that this plan, termed as pay as you use, is gaining popularity in the market. If life changes in seconds why to pay for minutesà ¢Ã¢â€š ¬Ã‚ ¦. : It not only focuses on television advertising but, also in print media. Often, its advertisement can be seen in any reputed news papers. For advertisement it has done many campaigns, some of those are: DO THE NEW DOCOMOS SONG Its time for you to DO the New every time you make a call with Tata DOCOMO My Song The track has four layers, making it easier for the brand to use any part, as the communication demands. The first part is the repeated do do do bit; the second is the repeated do-do, mo-mo bit; the third part is when Docomo is recited in a cuckoo clock manner; and finally the high-pitched voice taking the tune to a higher note. . The logo of Docomo dance, walk , sit, stand and does all super cute actions to form different patterns which is very much impressive.. Tata Docomos 3G PLAN Its tag line is Why walk with the old when you can fly with the new Small Screen Plans Enjoy Flexible Plans and More with Tata DOCOMO Small Screen 3G Plans. MRP (Rs.) Local + National + Roaming (Mins) Data Validity (Days) 350 500 150 MB 30 500 750 250 MB 30 750 1250 500 MB 30 1000 2000 1 GB 30 2000 5000 2 GB 30 Bonus Offer on Small Screen Plans : Additional 100 MB data with every recharge till Special Tariff Vouchers If you want to try out first and experience 3G or if you want to Top Up additionally to the Combo Plans. MRP (Rs.) Data Validity (Days) 90 100 MB 10 201 200 MB 30 501 650 MB 30 SALES PROMOTION Special tariff voucher: DOCOMO offers many special tariff voucher such as: night plan,, 1paisa plan, lifetime plan,GPRS,1p/6sec plan,etc to promote sales Discounts and free gifts: Its plan to sell DOCOMO sim card free or with minimum charges to promote sales is very popular among youth. It provides free sim card or minimum charges with the talk value of 50 rupees or more. Value added Services: TATA DOCOMO do partnership with Gemalto, the world leader in digital security. Gemaltos offering will help further liberate customers from remembering complicated codes and configuring services each time a user changes his mobile handset. With services located on the SIM, the user can easily browse through his service menu and launch the service on his handset with a simple click. TATA DOCOMO subscribers benefit from innovative services including mobile banking, mobile chatting and information on demand, through a user-friendly interface. They can also customize their mobile phone with wallpapers and ringtones, and enjoy games and infotainment. Users are offered to choose between Hindi and English when activating the service DOCOMO provides many VAS to its customers to update them and give them valuable information like stock market information, weather, news and many others. TATA DOCOMO Unveils New Offers For MNP Tata docomo provides Mobile Number Portability by which, you can shift to another operator of your choice without changing your old number . Tata Docomo tie with many mobile companies to promote sales Samsung Galaxy is a cutting edge Smartphone, featuring a 3.2 AMOLE full touch screen and 7.2 Mbps HSDPA and Wi Fi connectivity, providing users access to Googleà ¢Ã¢â‚¬Å¾Ã‚ ¢ Mobile services and full Web browsing at excellent speeds. Tata DOCOMO Combo offer gives customer at a discount price with 6 month postpaid subscription free Events and experience Mirchi Activation and TATA Docomo present Talent Ekdum Loaded Radio Mirchi along with TATA Docomo organised the unique talent hunt contest titled Talent Ekdum Loaded that culminated with a grand finale on October 12 at Oberoi Mall in Mumbai. The contest was held in 36 colleges and eight malls across the six cities of Mumbai, Pune, Aurangabad, Kolhapur, Nashik and Nagpur. The event was managed by Mirchi Activation. The main objective of the event was to provide a platform for the youth to showcase their talent Tata DOCOMO introduces customer outreach service Live Chat TATA DOCOMO has introduced a unique customer outreach service-Live Chat. The Live Chat service is a first-of-its-kind endeavor in the Indian telecom industry, aimed at ensuring prompt customer service as a key differentiator for Tata DOCOMO. The service will take care of all post-paid and prepaid queries, requests and complaints through the Live Chat option. Tata DOCOMO sponsors Mumbais Twitter festival Mumbai Twestival is an event where tweeps (people who tweet) from Mumbai and around can get together to celebrate the festival and support a local charity organisation which is selected by the tweeples. The noble cause for which the Mumbai Twestival is held is: Help a Child, where the tweeples will aim to provide scholarships to meritorious students who cannot afford the increasing cost of education. The aim is to provide the charity a platform on Twitter to spread awareness and raise funds for the cause. TATA DOCOMO sponser ODI T20 CELEBRITIES ENDORSEMENT AALU ARJUN @ TATA DOCOMO: Allu Arjun came to the Tata Docomo Store at Madhapur to give away prizes to a contest in association with Vedam. Allu Arjun gave the winners a music CD of Vedam signed by him SOHA ALI KHAN @ TATA DOCOMO STORE RANVIJAY AND POOJA CHOPRA @ DOCOMO STORE Tata DOCOMO organized more events Public relation and publicity DOCOMO maitaining their interactions with customers through social media like twitter, orkut , facebook, my space,youtube,HI5,etc Beyond the day to day and one-on-one interactions with our fans and followers, Tata DOCOMO has also launched consumer engagement programs with a heavy social media angle. This has helped us build repeat engagement points with a large number of our fans. Response from customer QUES 2: Which promotional methods must company emphasize and why ANS 2 The company must emphasize on sales promotion because there are some flaws I found in promotional strategies: RETAILER SIDE: Retailers are emphasizing on selling multi brands products. Few retailers are focusing on only one brands who provide them rewards and incentives. Lack of awareness about postpaid. CUSTOMER SIDE: Maximum no of inactive customer Some customers are loyal towards one brand Customers prefer company outlay because of attractive gift Few customers are not getting proper service COMPANY SIDE: Network problem and minimum coverage 80% customer are using prepaid plan whereas 20% are using postpaid because they are not aware of postpaid tariff plan QUES 3: Suggestion on more effective alternative promotion method company can use. ANS 3 RECOMENDATION Company should make it compulsory that a separate strategies adopted to increase postpaid sales Company can reduce the call rate with in the same network night calling. Some special gift should be there for retailer to attract them for push the customer, gift for customer also. A formal meeting for the retailers to make them understand inwhich way they can earn money (monthly basis like salary). Tariff plan should be start from low rental like 50, 99 and 199 as other company offers. Unlimited CUG facility can generate more corporate customer. A separate team should be there for supervising this channel Increase network coverage: Few of customers not satisfy with net work coverage. If Tata increase more towers more customers are satisfy Increase download speed of internet: the download speed of Tata Docomo is very slow. If it increases speed of download it may increase the brand image . Concentrate on SMS tariff: No difference from the competitors SMS tariff if it made slight changes it will attract more customers Avoid black marketing of Sims by dealers: due to doing black marketing the brand image decreases More customer service centers are requiring: More customer service centers are require meeting the desires of customers.

Creative Accounting

Creative Accounting Creative Accounting Introduction There exist no single definition for the term creative accounting. A few creators contend that, creative accounting is a gathering of methods, choices and opportunity room left by accounting regulation, without moving far from laws or accounting necessities, permitting to the directors to change the fiscal result or the monetary explanations (Gillet, cited by Shabou and Boulika Taktak, 2002). An alternate meaning of the term creative accounting is as takes after, a get together of methodology keeping in mind the end goal to change the benefit, by expanding or diminishing, or to distort the budgetary explanations, or both of them (Stolowy 200). A last meaning of the term is, the change of budgetary accounting figures from what they really are to what plans seek by exploiting the current tenets and/or disregarding some or every one of them (Kamel Nasser 1993). The general thought behind this idea is that monetary data is manipulated to speak to a money related position and execution, that does not reflect its actual position and execution. Supervisors wont have the capacity to manipulate their accounting figures if accounting tenets wont permit them to do so. In the US, the money related data is ready utilizing the Proper accounting rules (GAAP), which is made by the Financial Accounting Standard Board (FASB). Be that as it may, these guidelines are not sufficient as regardless they permit adaptability in accounting. There exist no standard recipe for changing over numbers into money streams. Creative Accounting and corporate governance- both are dealt with in the writing broadly and the contrast utilized respects the view of each. While the first idea is dealt with and acknowledged as having a general importance, the last is thought to be dubious regarding implications and acknowledgement. In this respect its applied delimitation is thought to be vital in the presentation of this study since the implications ascribed reflect additionally our perspectives. The idea creative accounting acclimatizes different definitions in the writing and it is inspected under two vital perspectives: a positive one and a negative one. From a positive perspective, it may appear that creative accounting hints creation of accounting standards and methods to perceive changes in financial, social, and political furthermore business situations and perceives bona fide changes in accounting practice. From a negative perspective, creative accounting means undesirable practices which acclimatizes di shonest components for pulling in suppliers of the capital by displaying a deluding and misleading state of a certain firm`s undertakings. A large portion of the theoretical delimitation in regards to creative accounting is identified with those two perspectives and the general pattern distinguished in the writing backings the negative perspective. The act of creative accounting has the ability to misshape the underlying money related execution of a firm, making more troublesome for a speculator or monetary investigator to evaluate the execution of the firm and to look at between changed organizations. Therefore creative accounting as a beguiling practice clashes with the essential point of accounting regulation changing the activity of standard setting in a repetitive peculiarity on one hand and then again giving an unreasonable playing point to organizations that can effectively polish this beguiling activity. The sentiments with respect to creative accounting practice, as an inst rument of deluding are different and the definitions various. The extent of our study was not to recreate this definitions (regardless of the possibility that this demarche could be helpful for a finer comprehend of the recent point) however more to build an inner history of the significant writing that approached this theme. In with respect to we consider more applicable to approach the making of a system of center terms for the writing being referred to and to distinguish the essential and optional center terms used to portray this subject into the worldwide significant examination group. In this admiration we utilized Papineau`s (1976) idea of sliding request of center terms to demarche those terms that are integral to all analysts with the extent of an intensive understanding of the improvement of a specific writing. Since the extent of the article is not to create the epistemology of this develop and in addition the relationship with the corporate governance build, we discussed just four separate feelings in regards to the creative accounting importance under the aegis of Papineau`s (1976) pecking order of center terms as taking after: As with respect to Metcalf (1977:188) approaching we recognized as essential center term in clarifying creative accounting the accounting techniques that allow companies to report budgetary comes about that may not correctly depict of business exercises. As auxiliary center terms we can further create focused around its presumptions the subjective and target way in which the accounting methods are utilized; From Naser (1993:2) we can distinguish as essential center terms for clarifying creative accounting the accounting figures. In this admiration the preparers inspirations are critical since their longing is to exploit the current leads with a specific end goal to succeed to fulfill their specific objectives; Citron (1995) perspective give other essential center term as accounting rules and further as auxiliary center terms the certain yearning of preparers to stretch the standards and mislead the peruser of monetary articulations; Amat and Gowthorpe (2004) assessment in regards to creative accounting give an intriguing sight since it gives two sorts of essential center terms as ambiguities and discontinuities of the law. The auxiliary center terms embody the ramifications of the first together with the craving of deceive as opposed to help the planned utilized. As we would like to think creative accounting could be characterized as a mean being utilized by the organizations within request to adjust, create and get to be more aggressive in the turbulent situations in which they work, adjustment that requires exceedingly versatile experts equipped to produce creative plans regardless of the possibility that these utilize translating hazy areas further bolstering their good fortune being less judicious just about constantly; look for provisos in particular tenets being not as reliable as ought to be or create gadgets which controllers have not thought. Hypothetical system for managing our exploration address as far as interfacing the two ideas We consider the definition explained by Shleifer and Vishny (1997) as illustrative since we can recognize the foundations of creative accounting conduct as the accompanying affirms the potential presence of wrong lead of administration: Corporate governance incorporates all the procurements and instruments that ensure the benefits of the firm are overseen proficiently and in light of a legitimate concern for the suppliers of fund, moderating the improper seizure of assets by administrators or another gathering to the firm. Chiefs at times deceive shareholders with respect to the underlying financial execution of a certain organization or may impact contractual results that rely on reported accounting figures (Healy, 1985; Perry and Williams, 1994; Defond and Jiambalvo, 1994). By utilizing judgments within fiscal reporting and through organizing transactions they may modify money related reports and as a result, this way may prompt a set of monetary articulations that dont give a genu ine and reasonable perspective of the financial exercises of an organization. Managerial carefulness in the application of accounting strategies used to report firm execution is not thought to be manipulative until this specific circumspection is utilized with the expectation to control reported results. This is connected likewise to the way that supervisors may concentrate on fleeting individual motivators, for example, expanding compensations, rewards, and other transient remunerations, as opposed to concentrate on the long- term financial accomplishment of the firm. Each one of those questions show up where a detachment of the proprietorship from the control of an organization exists and in this admiration the clash that emerges is portrayed by the Agency hypothesis. In the setting of Agency Theory the firm is thought to be a legitimate fiction that serves as a center for complex process that is portrayed by conflictual peculiarities of the targets of people (Jensen and Meckling, 1976). The clashes are identified with imparting the monetary assets and the absence of certainty, these clashes between the shareholders and directors being considered in the writing to be the foundation of creative accounting. Most considered led in the writing are focused so far on the relationship between shareholders-administration collaboration that includes the seriously wrangled about clash of diversions as the schemas created by Demski (1994), and further Christensen and Feltham (2005) clarified. The points corporate governance and creative accounting practices are examined in the writing in the connection of inside interest for manipulative conduct which radiates from the contracting estimation of profit administration in the principal–agent connections in the middle of shareholders and chiefs (Dye, 1988). This specific clashes of investment innate in org connections, in some cases are restricted having the way that shareholders disregarded and acknowledge purposeful controls of records getting to be thusly unwitting assistants to manipulation (Gowthorpe and Amat, 2005) as they are tolerating the way that piece of control of records focal point them. The criticalness of corporate governance ponders in the range of creative accounting displayed under all its types of indication is identified with the general pattern exhibited in the writing that poor governance affect or maintain a manipulative conduct. Likewise talks are respected the way that poor governance brings a bout expanded recompense bundles that incite Ceos to act in a manipulative way. Then again, late studies led in the writing approached the issue of poor corporate governance fundamentally with the extent of finding the gimmicks that help this state and archived that the causality of this demarche is spoken to by the income administration and further stretched out to records control. In this admiration, further experimental studies are required to recognize unquestionably the relationship between records control and corporate governance and survey the criticalness of one another and the way that they strengthen one another. The subject of data asymmetry is additionally talked about since no approaching with respect to corporate governance in the range of creative accounting discards it and since the hypothesis in regards to data asymmetry can possibly clarify the various impetuses found on the monetary business sector to control accounting information and further to evaluate the result of such conduct. The work of Vickrey (1945); Akerlof (1970, 1976); Mirrlees (1971); Spence (1973); Rothschild and Stiglitz (1976) is analyzed since they created the spearheading studies in regards to asymmetry of data. By understanding their work we can have a completely understanding of the businesses conduct with results upon our zone of exploration since data asymmetry is viewed as an additionally as a genesis point for manipulative conduct. The general perspective regarding the matter of clarify data asymmetry is that one side of the business has better data that the other. In the connection of corporate governance th e CFO and the leading group of the organization knows more than the shareholders and different clients of accounting data about the productivity of the organization. Five hypotheses have given the hypothetical underpinning to research artful conduct in the zone of corporate governance. Organization hypothesis; authenticity hypothesis; institutional hypothesis; indicating hypothesis and stakeholder hypothesis portray distinctive purpose of perspectives in relationship with managerial speculator performance. 1 | Page

Sacrificial Inequality Essay -- Adam and Eve, Women Studies, Gender Ro

â€Å"Had Adam tenderly reproved his wife, and endeavored to lead her to repentance instead of sharing in her guilt, I should be much more ready to accord to man that superiority which he claims; but as the facts stand disclosed by the sacred historian, it appears to me that to say the least, there was as much weakness exhibited by Adam as by Eve. They both fell from innocence, and consequently from happiness, but not from equality,† (Grimke, 1838). For as long as mankind has been able to function in society, there has always been a line dividing the roles of man and woman. Women have always been the lesser, especially in Western Civilization, and the expectations to be the â€Å"perfect housewife† have continued on into the 21st century. In â€Å"A Doll’s House,† a play set in 19th century Sweden by Henrik Ibsen, a woman named Nora had taken out a loan behind her husband’s back in order to take him to Italy to save his life. She not only had done this in secrecy, but also forged her father’s signature to receive the loan. If Torvald, her husband, were to find out, Nora would be in big trouble, especially since he thought she was like a little child. When Nora’s friend, Mrs. Linde, comes to visit, Torvald finds Nora’s big secret through a series of events and nearly disowns her to save his image. Mrs. Linde, a widow, had left her man, Krogstad—also the man who gave Nora the loan—for a richer man to provide for her family. Although these women had made reasonable sacrifices for their loved ones, their men didn’t understand and allowed society to decide how to react to their women. In â€Å"A Doll’s House,† Ibsen uses Nora and Mrs. Linde to illustrate that women are expected to make sacrifices to their happiness for their family that men wouldn’t m... ...ity for the ones they love because they believe that’ll help the relationship. If Nora had stood up to Torvald before, they may not have even been together anymore because Torvald would’ve realized it was really the â€Å"idea† of Nora that he was in love with and not actually her. This play caused great controversy because a woman had stepped out of what had become â€Å"her place† and been her own person. This was peculiar because it was orthodox for a woman to stay home doing housework and raising children. Although this isn’t how life is today anymore, it is still unusual to society for a man to be doing what was â€Å"a woman’s job.† This is the way it’s been for decades and centuries and the way it may stay for years to come. The only cure to the inequality between genders is to diminish the parallel between nature and nurture and break the stereotypes set up by humanity.

Singapore Essay example -- Politics, Social Control

Can Singapore be described in terms of a Foucauldian ‘disciplinary society’ or a Deleuzian ‘control society’? Deleuze proposed that we are in the midst of shift from Foucault’s ‘society of discipline’ to a ‘society of control’ (1992: 3). Unlike the ‘disciplinary society’ where subjects progress from one ‘moulding’ institution to another (schools, college, factories, offices, etc.), a ‘control society’ is typified by constant modulation (Wise, 2002: 32). According to Rose, control operates by affiliating subjects to a variety of practices which by design encourage adherence to certain norms in modern liberal societies (2000: 325). This is what Deleuze meant by a ‘society of control’. Best believes we need to adopt the Deleuzian concept of a ‘control society’ to explain the societies emerging in the context of the increased surveillance and network capacity perm itted by new ICTs (2010: 9). On the other hand, Hardt and Negri propose this ‘society of control’ is simply an 'intensification and generalisation of the normalising apparatuses of disciplinarity', that now reaching beyond the institutions that initiated them and into fluctuating networks (2000: 23). Likewise, Munro believes Foucault’s disciplinary mechanism need updating to bring it in-line with the capacities of modern technologies, not replacing (2000: 693). It is necessary to distinguish between unconscious social control and social control in relation to the institution, the latter being the planned management of a socialised human activity (Lianos, 2003: 415). Institutional control is integral to the specific activities, is usually bureaucratic, and 'is part both of the rationale and the outcome of these activities' (Lianos, 2003: 415). Lianos uses the example of... ... Google offers 'free' storage space, along with other privileges and useful tools, in exchange for personal information that it might use to market targeted goods to its users (Andrejevic, 2007: 296). People submitted their details to Google and Facebook not out of fear or a sense of duty, but so they may enjoy the benefits offered. Although Singaporeans do value their privacy, they are willing to submit that privacy in exchange for financial rewards or convenience (Hui et al., 2007: 27). These authors also report a growing disgruntlement at the increasing amounts of information that websites are demanding. However, it was the quantity of information requested, rather than the sensitivity of the information that had any significant influence on compliance (Hui et al., 2007: 27). This certainly aligns with the ‘enticement model’ proposed by Whitaker (1999: 141).

Moko Jumbie

Mock Jumble, I personally find, is the most phenomenal traditional character as not only it is a tremendous sight to see but also the ability and skill that is required to portray such a gratifying character. More formally known as ‘Stilt walker' The Mock Jumble originated from West Africa. They had a God named ‘Mock' and the liberated slaves then added the word ‘Jumble' meaning ghost. The heights of the stilts were seen as the ability to prognosticate evil quicker than ordinary men.The sticks that they balance upon are between ten to fifteen feet, this character can't simply put on a costume and play the role, he or she just require a certain level of training. Not only the astonishing talent to balance on these lingering sticks but the mock Jumble is able to dance while maintaining their profound balance. I have lived in Trinidad my entire life and there was never a carnival season that I didn't see tallest one Mock Jumble parading the streets. They bring a sense of enthusiasm to the festival.Seeing them in their luminously, radiant colors splendidly moving in time with the rhythm of the music. They usually wear lengthened pieces of velvet, which covers the sticks and bring out the oomph within there performance. Traditionally they wore a Jacket and an elaborate admiral hat but in modern days they are seen wearing cloth wrapped around there heads and instead of Jackets, cloth which flows elegantly down there pants or some that even have excess material attached to there hands are used In modern days.Mock Jumbler's have a symbolic semblance sustained throughout the years In our culture. Whether seeing one In person for the fist time or again this carnival season I guarantee you will be nothing but mesmerism's. I hope one day I acquire the elite balance which Is required to run with the ball of this majestic art.

Hawkins V Clayton Case Summary

Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988) High Court of Australia Case Title: HAWKINS v. CLAYTON [1988] HCA 15; (1988) 164 CLR 539 F. C. 88/012 Medium Neutral Citation:[1988] HCA 15 Hearing Date(s): 1987, May 13 1988, April 8 Decision Date:20 June 2011 Jurisdiction: High Court of Australia Before:C. J Mason J. Wilson J. Brennan J. Deane J. Gaudron Catchwords: Negligence – Duty of care – Solicitor – Will held by solicitor – Failure to inform executor of death of testator and of contents – Whether duty to do so – Loss to estate caused by executor's ignorance of death – Measure of damages.Limitation of Actions – Tort – Accrual of cause of action – Running of time – Commencement – Breach by solicitor of duty of care to inform executor of testator's death – Loss to estate caused by executor's ignorance of death – Limitation Act 1969 (N. S. W. ), s. 14(1). Legislation Cited: Limitation Act 1969 (N. S. W. ), s. 14(1) Wills, Probate and Administration Act 1898 (N. S. W. ), s. 150 s. 32 of the Wills, Probate and Administration Act s. 61 of the Wills, Probate and Administration Act Cases Cited: Central Trust Co. v. Rafuse (1986) 31 DLR (4th) 481, at p 521Bowen v. Paramount Builders (1977) 1 NZLR 394, per Richmond P. , at p 407 Central Trust Co. v. Rafuse (1986) 31 DLR (4th) 481, at p 521 Bowen v. Paramount Builders (1977) 1 NZLR 394, per Richmond P. , at p 407 Voli v. Inglewood Shire Council [1963] HCA 15; (1963) 110 CLR 74, at p 85 Midland Bank v. Hett, Stubbs and Kemp (1979) Ch 384, at pp 402-403 Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1963] UKHL 4; AC 465 Marshall v. Broadhurst (1831) 1 C & J 403 [1831] EngR 151; (148 ER 1480) Balch v. Symes [1823] EngR 362; (1823) Turn & R 87, at p 92Aebly's Will (1941) 29 NYS 2d 929, at pp 931-932; affirmed (1941) 31 NYS 2d 664 Georges v. Georges [1811] EngR 446; (1811) 18 VesJun 294 (34 ER 328) Lord v. Wormleighton [1822] EngR 477; (1822) Jac 580, at p 581 [1822] EngR 477; (37 ER 969) Estate of Harvey (1907) P 239 Goods of Shepherd (1891) P 323, at p 326 Hollis v. Smith (1808) 10 East 293, at p 295 (103 ER 786, at p 787) Meyappa Chetty v. Supramanian Chetty (1916) 1 AC 603, at pp 608-609 Ryan v. Davies Bros. Ltd. [1921] HCA 53; (1921) 29 CLR 527, at p 536) Pinchon's Case [1572] EngR 289; (1611) 9 CoRep 86b, at p 88b [1572] EngR 289; (77 ER 859, at p 863)Texts Cited: Sir James Stephen, A History of the Criminal Law of England (1883) Parties: Representation – Counsel: File number(s): DECISION The case of Hawkins V Clayton was the result of a breach of duty by the solicitors of the testator, Mrs Brasier, and to the executor of the estate, Mr Hawkins. The solicitors were in custody of Mrs Brasier’s will and seemingly were not aware of the testators death for some time as they had written letters to her regarding her will in September 1978 and August 1979 with no respo nse.After the commencement of the action taken up by Mr Hawkins, he had passed and his widow and executor continued the action as she had become Mrs Brasier’s executor by devolution. Mr Hawkins and his family had lived with Mrs Brasier as a â€Å"tenant† in her home at Blakehurst, sometime during August 1973 Mr Hawkins and Mrs Brasier had had a disagreement and the Hawkins family had left the Blakehurst house. It was determined that Mrs Brasier had spoken with Mr Hawkins about his appointment as executor but had not confirmed it once the will was written.After August 1973 Mrs Brasier had contact the solicitors to make a new will but had not carried out the changes and the solicitors had not had any instructions from her since. After the death of Mrs Braiser, her nephew, Ronald Lamb had taken up residence in her house and had not paid any rent or maintained the property. Mr Lamb had contacted the solicitors and had represented to them that Mr Hawkins had disappeared and requested payment out of the estate for funeral expenses.Some years later, Mr Hardwick who had been handling the matter had retired and upon the retention of new solicitors from the Executor, had rendered an account for services provided to the estate. This case was heard in the High Court of Australia on appeal from the judgment handed down from the Supreme Court of New South Wales. In the judgment from the Supreme Court, it was found that the Statute of Limitations had barred the solicitors from being found guilty of a breach of duty of care.The High Court Judges had not reached a unanimous decision regarding the duty of care owed to the executor. Mason C. J and Wilson J found that there was no duty of care owed to Mr Hawkins and suggested the appeal be dismissed, on the other hand; Brennan, Deane, Gaudron JJ had found that there had been a breach of the duty owed to Mr Hawkins, and that the Limitations Act would not affect any claim of such a breach as the breach did not occur a t the time of the death of Mrs Braiser but from when the Solicitors found out of her death.There was argument that the resultant damages incurred by Mr Hawkins was caused by his ignorance of the will and his failure to administer the estate it was however found that the damages were indeed caused by the lack of the solicitors to promptly notify Mr Hawkins of his interest in the estate and his role as executor. Brennan, Deane, Gaudron JJ ordered that damages be paid by the respondents though as the damages had not been quantified, they all agreed that the parties should discuss and agree to the amount of damages payable, if the parties could not agree to an amount, the Supreme Court of NSW would determine the costs owed.The final orders as found in the judgment are as follows: 1. the appeal to that Court be allowed with costs; 2. the judgment of Yeldham J. be set aside; 3. in lieu thereof judgment be entered for the plaintiff for damages to be assessed; 4. the action be remitted for determination by a judge of the Supreme Court; and 5. the defendants to pay the plaintiff's costs to be taxed.

Contract Laws In China and America Essay

I.Concepts and Features of Contract and Contract Law I.Concepts A.Concept and Features of Contract 1. Concept of Contract According to the provision of Article 2 of the Contract Law of People’s Republic of China (hereinafter referred to as Contract Law), contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations. Contract was once divided into agreement and contract. Agreement refers to the civil legal act established by both parties’ consensus with regard to opposite intentions, such as sales agreement. Contract refers to the civil legal act established by two or above three parties’ consensus with regard to collateral intentions, such as partnership contract. However, such division can no longer be seen in our current laws and the two are collectively referred to as contract. Contract has its broad and narrow meanings. In the broad sense, contract refers to all agreements generating rights and obligations, such as labor contract, administrative contract, civil contract, etc. Furthermore, civil contract may also be divided into creditor’s right contract, real right contract, intellectual property contract, identity contract, personality right contract, etc. In the narrow sense, contract refers to the agreement for involved parties with equal status to establish, alter and/or terminate civil rights and obligations. The contract adjusted by the contract law is generally confined to the contract of creditor’s right, real right and/or intellectual property, etc. 2. Features of Contract It can be seen from the concept of contract — contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations that, contract has the following legal features: Contract is a kind of civil legal act implemented by natural persons, legal persons and/or other organizations with equal status. As the most important legal fact, civil legal act is the lawful act implemented by civil subjects, which can generate, alter or terminate civil right and obligations. Since contract is a kind of civil legal act, it is different from fact behavior in nature. Fact behavior refers to the act which does not take the declaration of intention as an essential condition and cannot generate the legal effect expected by the party involved, such as infringing act, picking up lost property, etc. In nature, contract as the civil legal act belongs to lawful act. That is to say, only under the circumstance that the declaration of intention made by the contracting parties is lawful, the contract is legally binding and protected by national laws. On the contrary, in case contracting parties make illicit declaration of intention, the agreement, even already reached, may not have the effect as a contract. As contract is a kind of civil legal act, general regulations of civil law concerning civil legal acts, such as essential condition of civil legal act, the ineffectiveness and revocation of civil act, are all applicable to contract. 3 Contract is the civil legal act in which two or more parties declare a common intention. The establishment of a contract shall have two or more parties who declare intention to each other and achieve a consensus. If such declared intentions are not consistent, no contract will be formed. Even though â€Å"one party cheats or threats or take advantage of the other party’s precarious situation to make such other party to conclude a contract which violates its real intention†, the party suffering damages is entitled to request people’s court or arbitration agency to alter or revoke the contract (Article 54.2 of the Contract Law. For similar notes cited in the following text, Contract Law will be omitted). Contract is the civil legal act with a view to establishing, altering and terminating civil rights and obligations. Establishing civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, civil rights and obligations thus emerge between; altering civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the previous civil rights and obligations between them is changed and new civil rights and obligations are formed; terminating civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the civil rights and obligations previously existing between them are abolished. â‘ £Contract is a civil legal relationship generated on an equal and voluntary basis by parties involved. That is to say, the subjects concluding the contract have equal legal status and no party may impose its will on the other party. â€Å"Parties of a contract have equal legal status and one party may not impose its will on the other party† (Article 3); â€Å"Parties have the right to conclude a contract voluntarily according to law and no unit or individual may intervene illegally† (Article 4). â‘ ¤Contract is the civil legal act which is legally binding. â€Å"The contract concluded according to law is legally binding upon parties involved. Parties shall perform their obligations as agreed and may not alter or terminate the contract with no consent†; â€Å"The contract concluded according to law is protected by law† (Article 8). Unless otherwise specified by law such as force majeure, the party who fails to perform the contract or whose performance of obligations does not conform to that prescribed in the contract shall assume the liabilities for breach of the contract to continue to perform the contract, adopt remedial measures or compensate losses. B. Concept and Features of Contract Law 1. Concept of Contract Law Generally speaking, the concept of contract law may be comprehended in the broad and narrow sense. In the narrow sense, given contract is the consensus of parties to the contract in nature, contract law is deemed as the law implementing the promise and agreement of parties involved. â€Å"The core of contract law is the exchange of promise†. However, the concept of contract law in the narrow sense confines the contract law to normalizing the establishment, effectiveness, performance and default liability of the contract, but excluding the non-establishment, ineffectiveness and revocation thereof. Therefore, the scope contained is not comprehensive. Just as Bayless stated, â€Å"The contract law pays attention not only to enforceable contracts and   agreements, but to adjusting the result of no contract or agreement concluded†. Therefore, the concept of contract law in the narrow sense is not suitable to apply. The concept of contract law in the broad sense proceeds from the object normalized thereby, namely the transaction relation, and defines the contract law as â€Å"the law relating to the individual transfer of property or labor service†. Most scholars in our country also consider that contract law is the law adjusting the dynamic property relations. Both contract law and real right law adjust the property relations, however, â€Å"the real right law stipulates and adjusts the static state of property relation while the contract law stipulates and adjusts the dynamic state of property relation†. Given that the contract law comprehensively adjusts the transaction relation and the establishment of a contract equals to the formation of a transaction, the performance, alteration, cancellation and termination of the contract constitute the transaction process. Consequently, it’s necessary for the contract law to stipulate the procedures to conclude the contract by parties involved, ineffectiveness and revocation of the contract, remedies upon the failure or part failure to perform the contract, various specific contracts, etc. In a word, any and all transaction relations may be adjusted by the contract law. The definition of contract law as the law adjusting the transaction relation precisely summarizes the nature and fu nctions of the contract law. 2. Features of Contract Law The contract law takes adjusting the transaction relation as its content and is applicable to various civil contracts, which determines the contract law has the features different from those in other departments of civil law (such as personality right law). These features are: Contract law has strong randomicity. Under the condition of market economy, the transaction development and property growth require the market subjects to be independent and fully express their wills. Laws shall leave broad space for the transaction activities of market subject and the intervention of government in economic activities shall be limited to the extent prescribed in the contract. The requirements put forward by the market economy against the law which endow parties with freedom to act as far as possible are thoroughly expressed in the contract. Therefore, the contract law mainly regulates the transaction through random norms rather than mandatory norms. For example, though the contract law stipulates various contracts with certain titles, it does not necessarily require parties to design the contract content precisely in accordance with the provisions prescribed in law concerning the contract with certain title, but parties may negotiate to determine the contract articles freely. As long as the articles negotiated by parties don’t violate the prohibitive regulations of laws, social public interest or public morality, the effect of the contract is acknowledged by law. Notwithstanding law stipulates the contracts with certain titles, parties are not prohibited from creating new contract forms. Although the form to establish a contract is stipulated by law, unless otherwise specially prescribed about the contract form, parties are allowed to freely choose the contract form in principle. In short, a majority of norms of the contract law may be altered by parties through agreements. The contract law also takes the freedom of contract as its basic principle; therefore, the contract law can be called as law at will in this connection. â‘ ¡Contract law emphasized the principle of consultation on an equal footing and compensation of equal value The object normalized by the contract law is transaction relation, which requires the principle of consultation on an equal footing and compensation of equal value in nature. Just as Marx indicated, the commodity is â€Å"equal by nature†. In the exchange of commodities, â€Å"only the owners of commodities with equal status stand at opposite sides, and the means of occupying others’ commodities may only be used to alienate their own commodities.† The exchange of commodities inevitably requires conforming to the law of value so as to carry out the exchange of equivalent labor, which determines that the contract law attaches more importance to the principle of consultation on an equal footing and compensation of equal value than other laws of civil law. â‘ ¢Contract law is a uniform property law. Market economy is an open economy, which demands for the integration of domestic market with international market, domestic trade and international trade. As the basic law of the market economy, the contract law should not only reflect the requirements for a uniform market with a set of uniform rules, but also integrate with international conventions. â‘ £Contract law is the law producing social wealth. Market economy is a developed credit economy, with all credit systems established on the basis of contract relations. A developed credit economy needs promise and agreement. At the same time, the more solid and universal the promise and agreement are, the more developed the credit economy is. II. Comparison of Development History and Textural Difference between Chinese and American Contract Laws A. Different Development Histories of Contract Legal Systems in China and US 1. Emergence of Contract and Contract Law Contract is the result of commodity economy, which emerges along with the emergence of commodity economy and develops along with the development of commodity economy. The contract law is accompanied with the emergence and development of the contract. In later period of clan society, due to the emergence and accumulation of private property, the exchange of products among people was becoming increasingly extensive and certain rules came into shape gradually. In the beginning, these rules were guaranteed by oaths, customs and other ways. When the oaths, customs and other ways were incapable to guarantee the implementation of trading rules, the social community emerging as the times required (organ of state power) thus formulated legal norms to supersede the foregoing. The earliest contract law of human society was developed from customs, so it’s called as customary law. However, the continuous development of society, especially the development and change of social   imbalance, made the customs different in various regions and groups, which resulted in customs here and now being inconsistent with those there and then, thus leading to transaction disputes. This determined that the written law would gradually substitute the customary law. The Code of Hammurabi promulgated by ancient Babylonian Empire in the 18th century BC is the most ancient and most well-preserved written law discovered so far in the whole world, which has 282 articles in total, among which over 120 stipulates contract norms directly. The Twelve Tables and Corpus Juris Civilis promulgated by ancient Rome have more complete legal norms about contract, acting as the most complete and typical law reflecting the production and exchange of commodities among ancient laws and playing an important role in the legislation of capitalist countries in later ages. The French Civil Code in 1804 was based on Roman law. The civil laws in European countries, except Britain, mostly originated from Roman law and formed the so-called â€Å"Roman Law System†. Along with the colonial expansion of these countries, the impact of Roman law was further extended to more regions of the world. After the Second World War, the contract law of early modern period was properly modified to become the modern contract law. 2. Development History of China’s Contract Law The ancient laws in our country had some regulations about the contract. According to the records of Rites of Zhou, there appeared written contracts such as â€Å"panshu (bamboo or wooden slips on which the texts of borrow and loan are written)†, â€Å"zhiji (sales contract)†, â€Å"fubie (borrow and loan contract)† in Zhou Dynasty. â€Å"Where any party asks for the government authority to deal with any dispute arising from debt borrow and loan, the case may only be accepted with the â€Å"panshu† previously co ncluded present†. â€Å"Where any dispute arises from a borrow and loan contract, the official in charge of trying such dispute should make a judgment according to the articles specified in fubie†. â€Å"Where any dispute arises from a sales contract, the official in charge of trying such dispute should make an award according to the articles specified in zhiji†. All these written contracts were main basis for government authorities to judge right and wrong and determine the debt liabilities. In the following dynasties of Qin, Han, Sui, Tang, Song, Yuan, Ming and Qing, laws had several regulations about contract and contract system. However, in ancient times, our country was always with the agricultural economy which was self-sufficient and self-supporting, and the commodity economy was not developed. As a result, the norms of contract law centering on trading rules was also not developed, with no specialized civil code. Even in the collection of various laws such as Tang Code and Great Qing Legal Code, articles pertaining to contract and contract system are also rarely seen. Since the founding of the People’s Republic of China, the contract law of our country has achieved significant development. In the initial stage of new China, the Financial and Economic Committee of the Government Administration Council under Central People’s Government promulgated the Interim Measures for Organs, State-owned Enterprises and Cooperative societies to Conclude Contracts or Agreements on September 27, 1950, and the Trade Department formulated the Decision Pertaining to Earnestly Concluding Contracts and Strictly Implementing Contracts as well as the norms relating to various specific contracts such as sales contract and contract labor agreement of capital construction in the same year, all of which ascertain the legal norms of contract system and contract in the new China. Needless to say, due to the impact of wrong course and wrong trend of thought, the legal nihilism was rampant and the contract system was once cancelled in late 50’s. Especially in the period of the â€Å"Great Cultural Revolution†, all the contract systems, relevant laws and regulations were discarded. In the Third Plenary Session of the Eleventh Central Committee of the Party, the wrong policy of â€Å"taking the class struggle as the outline† was abandoned, the focus of work of the Party and the nation was shifted to developing economy, and the strategic decision of reform and opening up to the outside world was made in the session. All of these opened up a promising prospect for the development of contract leg islation. The Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law were successively approved by the Standing Committee of the National People’s Congress on December 13, 1981, March 21, 1985 and June 23, 1987. It is especially worth mentioning that the General Principles of the Civil Law approved in the Fourth Session of the Sixth National People’s Congress explicitly regulates the system of civil rights and the system of civil liabilities, playing a very important role in perfecting the system of contract laws in our country. Through more than a decade’s legislation, our country has formed the legal system of contract laws which is guided by the General Principles of the Civil Law, backboned with Economic Contract Law, Economic Contract Law Involving Foreign Interest and Technology Contract Law, and based on the contract norms in specialized laws such as Maritime Law, Civil Aviation Law and Copyright Law and a set of administ rative laws and regulations normalizing contracts. All these laws have greatly promoted the economic development and the establishment and development of socialist market economy in our country. However, along with the establishment and development of socialist market economy, this legal system gradually presented new defects. In order to adapt to the requirements of economic construction and development, it’s necessary to proceed from the actual situations of our country, summarize the experience of ten years’ contract legislation and borrow general international practices to formulate a uniform and relatively complete contract law. On October 1993, the Commission of Legislative Affairs of the Standing Committee of the National People’s Congress embarked on drafting the contract law on the basis of the legislation program approved in the Eighth Standing Committee of the National People’s Congress. According to the advice from all sources, the Standing Committee of the National People’s Congress further modified the draft for many times to form the Contract Law of People’s Republic of China (Draft) and submitted it to the Second Session of the Ninth National People’s Congress for deliberation. Through serious and earnest deliberation by people’s representatives, this important law was finally approved on March 15, 1999, which is a glorious page in the legislation history of the Republic, marking that the legislation of our country’s socialist market economy is ushering a new phase. 3. Development History of American Contract Law As a whole, the American laws are developed on the basis of inheriting British laws. Although American laws are influenced by British laws at different levels in different fields, the contract rules formed in the British common law and equity law have a significant impact on American contract law. Therefore, when investigating the historical evolution of American contract law, it’s necessary to review the early development history of British contract law. a. Lawsuit of Promise in Early Britain In the medieval period, British law had not formed the concept of contract. The earliest to emerge was the so-called lawsuit of promise, namely, when the promisor violated his/her promise, the promisee might file a lawsuit with the court to force the promisor to implement the promise. The principle pursued by common court when trying such lawsuit was: only making a promise cannot generate a right of action; under normal conditions, promise doesn’t have the effect of compulsory ex ecution, exceptional situations excluded. In contrast to the practice of common court as mentioned above, other courts showed more active attitude towards accepting the lawsuit of promise. First of all, ecclesiastical court regarded the promise with oath as an irreversible one according to canon law and rendered the implementation. Secondly, in the court of equity, the Chancellor decided that since one party suffered loss because of the other party’ failure to perform his/her promise, such party shall obtain the compensation. However, till the 16th century AD, common court won the battle with the court of equity and ecclesiastical court striving for jurisdiction. In this process, the jurisdiction of common court was increasingly enlarged and the common law became the main part of British law. The opportunity for the contract law to develop through the judgments of ecclesiastical court and court of equity was always limited. From the 15th to the 16th century, along with the development of the relations of commodity production within the feudal society, to develop a kind of general basis for enforceable promise within the previous lawsuit procedures of common law was the urgent task to be resolved which was confronted by common court. At the beginning, common court just confirmed more exceptional situations under which the promise may be executed mandatorily. However, this didn’t change the basic principle that promise doesn’t have the effect of compulsory execution under normal conditions. Since the second half of the 12th century, common court started to confirm the enforceable effect of sealed covenant, which was a kind of written promise with a seal on. Some people considered, if common court could loosen its requirements about the form of this written document, such document may also be mandatorily executed even with no seal on. The existence of such covenant might become the general basis of the compulsory execution of promise, while till the 14th century, this possibility disappeared. Common court considered, the seal not only proved that one party had already made a promise, but also indicated that the promisor had seriously expressed that he/she would perform the promise for the promisee. Therefore, a covenant which was not sealed couldn’t be compulsorily executed. At the end of the 12th century, common court started to confirm the debt of a borrow and loan relation as the cause of action: In case one person borrowed an   amount of money from another person, the borrower should pay back the money to the lender. If not, the lender might file a lawsuit with the court to force the borrower to pay back money. Later on, common court further expanded the scope of lawsuit of debt repayment: Once a person granted a kind of material interest to another person, such person might lodge a lawsuit of debt r epayment against the latter one, no matter the interest provided was a valuable thing or personal service. However, the existence of such debt also didn’t become the general basis of the compulsory execution of promise for this debt was only confined to the interest which was already granted to others. If a promisee just accepted a promise from the promisor while obtained no actual interest from the promisor, he still couldn’t lodge a lawsuit of debt repayment. In the beginning of the 15th century, common court developed such a principle in its judgment: If someone made a promise of undertaking some kind of obligation to another one, and the promisee suffered damages in the process of the promisor’s performance of the obligation, the promisee might lodge a lawsuit to require the promisor to compensate. This is called the Action of Assumpsit for Misfeasance, whose basis was the theory of law of torts then already approved. In this kind of lawsuit, if the promisor didn’t perform the obligation it undertook, the promisee couldn’t obtain the remedy. In the second half of the 15th century, the judges of common court realized that, in order to win the battle for jurisdiction with other courts, the scope of lawsuit of commitment must be expanded. New legal precedent rule in this period was: If the promisor changed his status due to his dependence on the promise and the non-performance of the promisor made the promisee suffer damages, the promisee might also obtain the remedy. Till the 16th century, the previous scope of lawsuit of commitment was newly expanded, namely, when two persons made promises to each other and the promise of one party constituted the transaction object promised by the other person, even if no party of the two performed his obligation, the promise to be carried out shall have the effect of compulsory execution. The reason to adopt such rule was that, once the promise was made, the promisee has an expectation for the implementation of the promise, which should be protected, even if the promisee didn’t perform the corresponding obligation, nor suffered â€Å"damages†. Generally speaking, the 17th and the 18th centuries were the period during which British contract law slowly developed. b. Evolution of American Contract Law in Modern Society The American historian Henry Maine said in 1861 that, â€Å"till now, the movement of this developing society has always been a movement from identity to contract.† This sentence indicates the profound revolution undergone by western society from the feudal times of middle ages to the times of â€Å"laissez-faire capitalism†: In the feudal society, human relation was determined by their identity; in the period of â€Å"laissez-faire capitalism†, human relation was determined by the agreement reached between them. The whol e 19th century is regarded as the century of contract by western historians. The United States, just independent from the colonial domination of the Great Britain, entered in such a century soon after its establishment. In this period, main systems of British and American contract laws were both confirmed. With regard to the main body, American contract law remained consistent with British contract law. In this period, the consistency of American contract law with that of western countries was: The contract concluded by parties involved was generally considered as having the effect of compulsory execution. Once confirmed, such effect shall become absolute, and may not be changed by state will. In the second half of the 19th century, as the laissez-faire economy developed toward an extreme orientation, to safeguard individual’s right to freely conclude contracts had become the primary goal of laws. In the eyes of Americans at that time, â€Å"in nature, justice is to safeguard lawful contracts†. The freedom of contract in the 19th century gave a full display of personal â€Å"independent will† and made private economy taking the â€Å"struggle for existence† as the motive power obtain rapid development with no government restraint and intervention. However, in late 19th century and early 20th century, the defects caused by this unlimited freedom of contract had fully appeared. In this period, contract laws of western countries underwent a new round of modification. The result was, the previous social movement â€Å"from identity to contract† started to turn to the social movement â€Å"from contract to identity†. In the US, since this century, especially since the Roosevelt’s New Deal in the 30’s, personal freedom of contract has received more and more restrictions. Today, the â€Å"identity† is playing an important role in determining the relation of rights and obligations among people for the second time: Workers are protected by â€Å"workers compensation law† due to their identity, and the article of employment contract preventing the employer from undertaking the compensation liability for industrial accidents is no longer legally binding. Similarly, the lessee of rental agreement, the insurer of insurance contract and the demanders of various contracts of public service are all protected by certain laws due to their special identities. It can be seen from the aforementioned change that, in modern American contract law, to provide special legal protection for the vulnerable party of a transaction has already become a consistent policy. Another feature displayed by American contract law in the process of its modern development and evolution is that, the impact of traditional British common law and systems and principles of other laws is decreasing, which is fully reflected from the fact that the Uniform Commercial Code abandoned and modified the traditional system of British contract law. B. Textual Difference and its Reasons between Chinese and American Contract Law Systems Given the development history of contract and the difference between Chinese and American political systems, there are following features when comparing Chinese contract law with American contract law: First, the contract law in our country is a uniform contract law applicable to all regions of China, whether in capital Beijing or western provinces. Second, this contract law is drafted with a round axis structure. Basic principles  are firstly stipulated, and then some specific contracts, such as sales contract, lease contract, etc. In this way, the basic principles are regarded as the axis, and many specific contracts are radiated to satisfy different transaction requirements. For example, the transport contract has the problem which cannot be covered by basic principles. This problem can be resolved by combining the axis and the excircle. American political system is different from Chinese political system, and the development history of American contract law is also different. In America, it’s impossible for the legislative body to approve a law with the two features as mentioned above. America has no uniform contract law, nor state contract law. The international contract laws, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and New York Arbitration Treaty are commonly used in all used in the whole United States. However, with regard to the contract among American individuals, no law is promulgated by the federation. Consequently, there is no federal legislation with a round axis structure in America. Basically, each state has its own contract law and is responsible for developing basic principles of such law. The contract law of one state is not only applicable to the court of the state, but also binding on the federal court sometimes. In other words, as long as the state contract law exists, the federal court shall apply it. Of course, when 50 different contract laws are adjusting the same legal fact, the court will be confronted with a problem, namely, how to achieve the consistency of application of law? It’s also necessary to notice that American contract law is developed by the court rather than the legislative organ. You must be familiar with the concept of common law, which was formed in Britain and then introduced to America. The contract concept of the common law is formed th rough a long time. Their judges make the judgment and give opinions on the judgment. Now, in this connection, the greatest exception is the UCC. American UCC is a uniform law. In America, every state has its own laws, but these laws cannot cover all transactions. Some are involved with transaction of several properties, such as the transaction and lease of products and some are related to bank business, security trading, e-commerce, etc. However, the construction contract and real estate contract are adjusted by commercial law. Since different state laws may result in different court judgments, if the Congress can approve a law with the round axis structure, these problems will be soon resolved, because doing that can get all transactions under the adjustment of one law. C. Summary The development histories of Chinese and American contract law systems are different. Chinese culture has a long history and the contract law system was born very early. On the contrary, the US is a new country breaking away from the colonization. Although American economy is developing rapidly, its legal systems are mainly inherited from the Britain; especially the American contract law is significantly influenced by the contract rules formed in Britain common law and equity law. In short, China has a uniform contract law applicable to the whole nation, while America has no uniform contract code other than international contract laws. In addition, the difference of Chinese and American political systems leads to a great difference in the textural structures of Chinese and American contract law   systems: Chinese contract law system is based on basic principles which guides various specific contract law systems so as to form a complete set, while America has neither guidance of basic principles in the contract law nor uniform contract law applicable to the whole nation. All in all, the development history and political system of a country influence its legal system. III. Conclusion The economic globalization and political polarization are two trends of the world development. Since China has joined the WTO, how to coordinate our laws is the central issue in the field of law. Nowadays, the world has ushered in the era of knowledge economy and the advancement of science and technology is crucial to the economic development. However, the development of economy as well as the development, transfer and application of technology will inevitably require reforming the traditional contract law system. Some countries have already been reforming the current contract law systems quietly. The birth of China’s new Contract Law is confronted with the era of knowledge economy rather than that of planned economy or the transitional period from planned economy to market economy. The development of science and technology in the era of knowledge economy is so vigorous that it’s probable that difficulties in application will soon emerge after the implementation of new contract law, or even some regulations are already outdated. This situation may be considered as normal because law is the superstructure, which is always behind the economic development. Therefore, any law has to be continuously reformed and perfected. Bibliography 1. http://legal-dictionary.thefreedictionary.com 2. Wilmot et al, 2009, Contract Law, Third Edition, Oxford University Press 3. Ewan McKendrick, Contract Law – Text, Cases and Materials (2005) Oxford University Press 4. P.S. Atiyah, The Rise and Fall of Freedom of Contract (1979) Clarendon Press 5. Randy E. Barnett, Contracts (2003) Aspen Publishers 6. Scott Fruehwald, â€Å"Reciprocal Altruism as the Basis for Contract,† 47 University of Louisville Law Review 489 (2009).