Commercial Law - 1069 Words

ABDUL RASHID ABDUL MAJID v ISLAND GOLF PROPERTIES SDN BHD [1989] 3 MLJ 376 ISSUE In this case, the issues is whether the board was entitled to levy and collect fees known as development fees from members? PRINCIPLES The defendants owned, managed and operate a social golf club. Membership of the club is of the following types which are honorary membership, ordinary membership, ordinary transferable membership, subscribing membership, institutional corporate membership, expatriate transferable membership, ordinary social membership, term membership and visiting membership. Under the Rule 3 of the club’s rules provided, inter alia, that the club was a proprietary club, of which the defendants were the proprietors with a board of directors†¦show more content†¦The offer for membership came from the defendants after they had considered the plaintiff’s application. The contract between the plaintiff accepted the offer by making the payment of the entrance fees and the first subscription. Therefore, the declaration in the application forms as not part of the contract. It is just an antecedent communication. The only contract between the plaintiff and the defendants was the rules of the club. The authority to levy fees must clearly be given by the rules of the club and there was no such authority under the rules. Rule 33 clearly made the board the sole authority for the interpretation of the rules and as it purported to oust the court from their jurisdiction the rule was contrary to public policy and therefore void. 3|Page CONCLUSION The conclusion for this case is the board was not entitled to levy and collect fees known as development fees from members. For the interpretation of the rules, this is contrary to public policy and therefore void. Thus, a declaration of intention or an invitation to treat, so, all fees collected as development fees are repaid to the plaintiff and costs to be paid by the defendants. Otherwise, the offer must be communicated to the offeree which under Section 9 of the Contract Act 1950 is the exercise of power by the offeree indicating his assent to the transaction in response to the offer. TheShow MoreRelatedCommercial Law And International Trade Law Essay850 Words   |  4 PagesI have chosen a career in commercial law due to several reasons.Firstly,I thoroughly enjoyed Law of Contract in first year and am thoroughly enjoying Land Law and International Trade Law in second year.I can see myself working in these and similar areas of law for the rest of my life. Secondly,I have a keen interest in the business world.A career in commercial law will allow me to work at the intersection of law and business.Crucially,I will get the chance to work on important business deals andRead MoreInternational Law And International Commercial Law2197 Words   |  9 Pagesprocedures, which parties of international commerce make, will bring different results. 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Assignment 1 Table Content: | | |tABLE OF cONTENT†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦....†¦Ã¢â‚¬ ¦........†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦2 | |aBBRIVIATIONS USED IN sTUDY..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.......... 3 | |eXECUTIVERead MoreCommercial Law Essay568 Words   |  2 PagesCivil obligations to not injure our neighbours in New Zealand are dealt with by the use of tort law (textbook). Negligence is the most significant of all tort law and is the relevant tort I will be using to examine this case. This case involves David who is felling trees on a property, on the last tree he was felling he careless and hurried to fell the last tree. As a result the tree fell on the neighbouring property, demolishing the boundary fence, a shed wall, and furthermore causing explosivesRead MoreSummary : Commercial Law Assignment1264 Words   |  6 PagesLaw514 Commercial Law Assignment. 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The Theory Of Personality Development Essay - 1646 Words

â€Å"Repression occurred where there was a conflict between opposing wishes and desires† (Collins and Makowsky, 2010, pg. 132). Repression is one of Freud’s many theories to try and explain humans’ actions and behaviors. He supposed that through operant conditioning, people have learned how to act in ways that society would consider as appropriate. Not only that, the father of psychology wrote the theory of personality development and the theories of aggression that have help sociologists understand the contemporary humans’ social behavior, on topics such as violence and social life. So is violence [aggression] is innate in us? In this essay, I will try to answer the following questions: what is Sigmund Freud’s relevance to sociology, how can his observations and theories illuminate contemporary social behavior, and how does his essay Civilization and its discontents (1930) speak to modern debates on violence and social life. To begin, the theory o f personality development is composed of three elements: the id, the ego, and the superego. As Collins and Makowsky (2010) simply put it, â€Å"The ego (cognition of the external world), the id (the emotional or instinctual being), and the superego (identifications and social ideas)† (pp. 136). In a sense, it’s like our internal check-and-balance system to help us maneuver in this society. For us to progress as a society, we cannot act on our impulses, in turn, this allow civilizations to happen. Furthermore, through socialization, humanShow MoreRelatedPersonality Theory Of Personality Development1325 Words   |  6 PagesMany personality theorists offered different explanations for human behaviors as well as established specific stages of personality development. However, person centered theory does not have a theory of personality structure, rather believes that it is essential to follow certain principles in order to develop the self-concept. Rogers’s theor y of personality is based on the notion that all individuals have the innate ability to reach actualizing tendency and establish a self-concept, which is congruentRead MoreThe Theory Of Personality Development Essay1128 Words   |  5 Pagesthey respond to times the way that they do? Personalities, everyone has a different personality. Personality development are the patterns of thoughts, feelings and behaviors that set you apart from another individual. Many of the theories revolve around that personality is something that begins when you are an infant. Adult personality traits are one of the personalities believed to be based off of infant temperament. That means that their personality traits begin to differ early on in life. SomeRead MoreThe Theory Of Personality Development Essay2133 Words   |  9 Pages Theories of personality, ones that have both differences and similarities among each other, are of significance for they offer comprehensive information about human nature. From Freud’s psychoanalysis to Bandura’s modeling theory, these theories are not necessarily rigid and firm as they may not enable one to understand the personality development of all individuals from various backgrounds, whether ethnic or socioeconomic. Abraham Maslow, a psychologist considered to be the founder of the humanisticRead MoreTheories of Personality Development3138 Words   |  13 PagesTHEORIES OF PERSONALITY DEVELOPMENT (2 Credits/Compulsory) Course Code: CED 403 Course Title: Theories of Personality Development and Adjustment. Number of Credits: 2 Credits Course Duration: Two hours per week for 15 weeks (30 hours). As taught in 2010/2011 session Lecturer’s name: ONIYE, Abdulrazaq Olayinka Qualifications: B.A.Ed (Islamic Studies Education: Usmanu Dan Fodiyo University Sokoto); M.Ed; PhD (Guidance and Counselling: University of Ilorin); Cert. (Data Processing: UniversityRead MoreThe Unconscious Theories Of Personality Development856 Words   |  4 PagesUnconscious There are as many theories of the effects of unconscious motivations to behavior as there are general theories of personality. Some theorists, such as Freud, consider the unconscious at the very least highly influential, if not the sole motivating force behind personality development. Unconscious motivations have been linked to genetic predispositions, and up to 50% of variances can be linked to genetics (Bleidorn et al., 2014). Psychodynamic theories are often considered to hold intellectualRead MoreThe Freudian Theory Of Personality Development1329 Words   |  6 Pagespsychoanalytic theory. She argued that in mainstream Hollywood film women were merely objects. Post war avant-garde film makers were able to stay away from the trend of commercial cinema at the time. Although, it depends on avant-garde film directors and writer’s point of view but most of the time they did not share the same styles as commercial cinema. Mulvey studied the Freudian and Lacanian philosophies on personality development. She went in depth with the Freudian psychoanalytic theory of personalityRead MoreThe Theory Of Psychology And Personality Development1802 Words   |  8 PagesPersonality Report There are many theorists that have made psychology incredible, and have paved the way for what we believe psychology to consist of today. Some important theorists that I believe have made a huge contribution are Sigmund Freud, Karen Horney, and Dollard and Miller. These theorists have all had their own view on personality development, and I believe that these ideas have shaped the way in which we view psychology today. The many interpretations of conflict, psychotherapy, and culturalRead MoreThe Theory Of Psychology And Personality Development1802 Words   |  8 Pages Personality Report There are many theorists that have made psychology incredible, and have paved the way for what we believe psychology to consist of today. Some important theorists that I believe have made a huge contribution are Sigmund Freud, Karen Horney, and Dollard and Miller. These theorists have all had their own view on personality development, and I believe that these ideas have shaped the way in which we view psychology today. The many interpretations of conflict, psychotherapy, and culturalRead MoreTheories Of Personality And Psychosocial Development2308 Words   |  10 PagesPsychoanalysis and Psychosexuality Carolyn Bennett PSY/330 Theories of Personality Maurita Hodge 04/27/2015 I have chosen psychosexual and psychosocial development; for my model of presentation. In Freudian psychology, psychosexual development is a central element of the psychoanalytic sexual drive theory, that human beings, from birth, possess an instinctual libido (sexual energy) that develops in five stages. Each stage – the oral, the anal, the phallic, the latent, and the genitalRead MoreCognitive Theory And Personality Development Essay2207 Words   |  9 PagesPersonality Development Position CBT assumes that development is continuous throughout the lifespan. Therefore, personality is adaptable. Personality development in CBT emphasizes cognitive learning processes, such as thinking and judging. Personality is developed out of learning experiences in which cognitive constructs are formed. These cognitive constructs serve as our lens in which we view the world and our future experiences (Newman Newman, 2012). Maladapted constructs often occur in early

Child Observations free essay sample

Target child Child observation details Date of observation: 28th December 2011 Time I saw good hand and eye co ordination when he was using his fine pincer grasp while he was drawing. He didn’t really have a preferred hand as he used both hands but mainly his right. He seemed to enjoy drawing which is brilliant for his fine motor skills. He completed the task of getting the pencils out of the case using his thumb, fore finger and middle finger. During my observation I didn’t see the child manipulating toys but this doesn’t mean that the child is unable to do so. As it was in the evening â€Å"TC† was easily distracted. His concentration levels were very low. â€Å"TC† showed no problem to run and walk and was very steady on his feet. This was observed when his Nan called him over to the kitchen. Again this showed good control of body movement. We will write a custom essay sample on Child Observations or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This would be considered the norm for his age appropriate activity development. â€Å"TC† had no problem in using his palmer grasp as he was picking up the pencils with his fist and colouring that way, he would hold the pencil tight with his thumb. â€Å"TC† was able to perform a very delicate procedure with the eyes influencing the fingers. According to Piaget, Piaget suggests that a child learns because of things happening to them e. g. praise and learning from his own actions. According to Piaget children are active in their own development and use experiences to develop an understanding of the world. Recommendations During my observation I noticed that â€Å"TC† was a bit lethargic but did very well even though if he had had a nap earlier that day he would have been more assertive. The role of the adult in promoting physical development is making sure the adult helps the child get enough sleep and rest. He had no interest in activities only the television until his Nan called him. I recommend that more activities are provided for â€Å"TC† like running, outdoor play and swimming to help develop his gross motor skills. Games such as playing with blocks, play- dough and sand could help develop fine motor skills. I would recommend that â€Å"TC† has more space to play as he was restricted to the kitchen table while his Nan was preparing and cooking the dinner. Adults should provide a safe and hygienic environment for the child to play and I do not think that the kitchen was a safe place while the Nan was cooking. Personal learning I learned what the physical norm for a child is and how children develop differently. It is important you show an interest in what the child is doing and how much you must praise and encourage them. I learned that it is important that you correct a child when they are wrong but in a way that they won’t feel undermined. I learned its important you introduce various activities to the child to help them develop their fine and gross motor skills. I saw how â€Å"TC† got bored easily so its important to keep them interested and active. I now know how important it is to be a good role model as children will imitate adults in everything they do no matter how young they are. I learned how important health and safety is especially with young children. I learned simple things like how to do a physical observation and how a checklists works. I now realise that young children need so much of an adult’s time and attention. I discovered Piaget was a good theorist for Physical development. Evaluation method In this observation I decided to do a checklist so I had it prepared before the observation took place. Before the observation I did quiet a bit of research on emotional development.

Good sales experience/Bad sales experience free essay sample

Unpleasant sales/customer service experience description and facts: I remember a Friday afternoon my husband and I trying to get an electronics representative at Wal-Mart that, we were waiting on someone that can actually speak some technology, and when we finally got an employee to assists us, he got the area nodding his head like anticipating that he was not doing anything at all, I explained was I was looking for and I gave him the details, he seemed to be tired and answer me in monosyllabs. After all the struggle he showed us something similar but not hat we were looking for, we asked more questions and the sales representative got frustrated and told us to look for it at another retailer. We return home with a sour flavor in the throat after that experience. Very pleasant sales/customer service experience description and facts: A great customer service experience was at Sawgrass Mall I stopped by an small business promoting hair products the girl greeted me within a minute and she approached me with an smile, introduced herself and started to ask questions about my hair and hat I do to take care of it. We will write a custom essay sample on Good sales experience/Bad sales experience or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page After few minutes we were engaged in an information exchange about hair products and gadgets. Long story short I ended up spending almost $ 400 at that store Just because the sales person asked the right questions and recommended the right products, no regrets products were great and appropriate to my hairstyle and lifestyle as well. Comments; When it comes to bad customer services experience the one that I described above it is how employees are not well trained in sales, and thats why they are not willing to hare treat customers in the way customers can consider the visit a good experience. Customers that are mistreated usually dont come back and spread the word of what it feels like to be a customer at the establishment, and maximize the factors contributing to a bad experience. Unsatisfied customers most likely they will explain the problem to several people, and word of mouth is very bad advertising. I realized that poor training and low salaries in the sales/customer service field leads to: The erson I dealt with was unpleasant. My problem took too long to resolve The problem was never resolved When the proper training and options in place, sales/services pros can deliver more experiences like a customers will describe as ideal. Identifying factors involved in a good sales/customer service experience: The problem was resolved quickly (She sold me a lot of products) The person who helped me was pleasant and very knoeledgeable. The person asked the right questions in one interaction, there was o passing around to multiple people. The outcome was what I was not expecting because I Just got attracted to a display showing some hair ironing tools. I have been working in the sales and customer service field for more than 10 years and Im always encouraging my crew to go above and beyond expectations to give excellent customer service and based on that maintain they sales level really high. I will continue educating myself to teach others the same tools that I have been granted through training and experience.