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. Compared with the domestic commercial conflicts, the international commercial conflicts might have more various results. Additionally, more than one states or regions involve in the international commercial conflicts, so there normally are more than one regulations, authorities and customary laws which are applicable in one case. Flexible Alternative Dispute Resolution (ADR) can give the parties the freedom toRead MoreChinese Commercial Law Essay5213 Words   |  21 PagesChinese Commercial Law (MLM 703) Trimester 3, 2008 ..... 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 scope of the LLM offeredRead MoreInternational and Commercial Risks - Law 421 Essay example1173 Words   |  5 PagesInternational Commercial Risks April 1, 2013 International Commercial Risks - Business is continually growing on a global level leading to international business partnerships, agreements, and trades. During these types of business relationships disputes are common (University of Phoenix, n.d.). If a dispute occurs one party may chooses to take legal action against the other party. Making the decision to take legal action businesses must make considerations prior to proceeding. Making the

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.

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Effective Practices in Early Childhood Education

Effective Practices in Early Childhood Education Introduction Early childhood education is vital for the development of a child since it aids in the development of some skills that prepare them for further schooling (Currie 3). The skills to be acquired include cognitive skills with particular attention on Intelligence Quotient (IQ). Other developments include social well being and the emotional state of the child.Advertising We will write a custom essay sample on Effective Practices in Early Childhood Education specifically for you for only $16.05 $11/page Learn More As much as high IQ levels do not always spell good adulthood, it has a positive correlation with success in various aspects of life and the level of IQ in young children can be affected through deficiencies (Currie 3). Early childhood education in such institutions as kindergartens is also important in preparing the child for further schooling and some studies have shown that about only 65 percent of children entering school are thought to be actually ready for school (Bredekamp 10). The Bronfenbrenner’s Ecological Model which was developed by Urie Bronfenbrenner tries to demonstrate the environment that rotates around the child and affects his or her development of the socialization skills (Bronfenbrenner 1). The Microsystems layer of his model indicates the environment that the child lives and relates with. This includes the people and the various institutions that the child interacts with. Mesosystems layer also affect the children even though they are not directly involved in the interactions. This layer shows the interactions that occur between people who revolve around the life of the child such as interactions between the parents and the children’s teachers or interactions among the child’s neighbours. The Exosystems layer includes the wider community where the child relates with and it includes the family friends, neighbours, the extended family and the media. The Macrosystems layer generall y includes the attitudes and perceptions and the laws of a particular group of people. These layers indicate the various components in a child’s life and determine how the life of the child will be shaped. In the Bronfenbrenner’s Ecological Model, the child is placed in the middle because all that happens around the child affects other people and consequently, what the child does also affect them (Bronfenbrenner 1). An example to show how these Exosystems influence the child can be seen when the life of the child is affected as a parent goes out of the country for further studies and only comes visiting once in a while. Observations I chose to observe the Pre-K classroom in the Daycare institution for my field experience assignment. The class consisted of children aged between 3 and 5, according to information obtained from one of the teachers. The Pre-K classroom had a total of sixty children and they were taught and coordinated by two teachers making the student- rat io 1:30. All the teachers in the Daycare facility had to have attained a certain level of education. They were all university graduates and had to have pursued a diploma in Psychology.Advertising Looking for essay on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More Teachers interacted freely with the pupils as they joined them in performing some of the activities. When a student asked for help the teachers were always ready to respond and assist. As much as the work was intense for the two teachers, they struggled to make sure that the children were assisted. The curriculum included oral, written and practical studies. The oral studies were supposed to improve their skills in expressing themselves, the writing was meant to improve their skills in presentation while the practical studies which included working in groups, improved their socialization skills. The interior design was well finished and despite the large number of students, each student had a chair and desk and enough space to perform their duties. After every two months, parents were invited to have a day-in-school with their children where they could interact with the teachers and check on the progress reports. This day was special as the children together with their parents were assigned into groups for interactive sessions. Reflection The student teacher ratio was 1:30 which is not healthy for learning of young children since they require sufficient attention and coordination (Marilyn 23). The teachers’ credentials were impressive and they possessed the necessary knowledge for handling the children (Bredekamp 6). The way they interacted with the children and the way they encouraged the children to get into groups improved their social skills (Bronfenbrenner 1). The curriculum was of high standard since it encouraged the development of social, emotional and cognitive skills (Bredekamp 3). The classroom environment was very conduc ive for learning. Daycare set aside certain days for parents to visit and this gave the teachers an opportunity to observe the interaction between the parents and the students so as to explain some of the developments of the children. Conclusions Early childhood education is important as prepares children for continued learning in elementary school and other forms of education (Bredekamp 3). The educators in the early childhood institutions also assist parent-who go away to work all day and cannot be with them-in nurturing their children. Special attention should therefore be paid so as to ensure that the childhood of every child is secured so as to ensure bright them of a bright future (Bredekamp 18).Advertising We will write a custom essay sample on Effective Practices in Early Childhood Education specifically for you for only $16.05 $11/page Learn More Bredekamp, Sue. Effective Practices in Early Childhood Education: Building a Foundation. United States : Merrill, 2010. Print. Bronfenbrenner, Urie. The ecology of human development: Experiments by nature and design. Cambridge, MA: Harvard University Press, 1979. Print. Currie, Jane. Early Childhood Education Programs. America: American Economic Association, 2001. Print. Marilyn, Fleer. Identifying Teacher-child interaction Which Scaffolds Scientific Thinking in Young Children. Australia: University of Canberra, 1992. Print. Papalia, Diane E. Wendkos, Sally And Fildman, Ruth. A child’s world: infancy through adolescence. McGraw: McGraw-Hill, 2002. Print.

Flexibility for 421 Essay Example | Topics and Well Written Essays - 2000 words

Flexibility for 421 - Essay Example Changes in organisational, economic and employment conditions have brought about innovations in work systems, including flexible work policies and practises. Employees have been experiencing conflict among demands from personal, family, and social responsibilities; such conflict can significantly reduce workers’ well-being which, in turn, may influence organisational outcomes including absenteeism, performance, productivity, and turnover. Companies can effectively improve work-life balance among employees through the provision of flexible work arrangements (Schmidt and Duenas 2002). UK employees continue to feel increased stress and tension in their work environments, due to work intensification and increased work pace. These have created the need for flexible work to achieve balance between work and non-work demands (Green 2006). The application of flexible working practises enables employees to manage their workload, as well as when and where they can carry out such tasks fo r them to effectively attain stability between professional and personal activities (Lewis 2003). Flexible work practises can bring about a wide range of positive outcomes for employees. When employees are given the freedom of choice with regards to their work patterns, job satisfaction can be increased (Hyman and Summers 2004). In remote working, for instance, aside from increased employee satisfaction, there has also been an increase in worker autonomy and independence. Moreover, the use of flexible work arrangements has led to reduced levels of stress and pressure among employees. Although remote workers, such as those who work at home or make use of telecommuting, experience a decrease in stress levels, others on the contrary assert that flexible work practises can bring about further stress and ill mental health. This is in comparison with those who work onsite (Tietze and Musson 2005). Nonetheless, work flexibility has caused positive outcomes such as improvements in achieving work-life balance. Organisations have also benefited from such practises through increased productivity, enhancement of work quality, and improvement of financial performance. Decreases in absenteeism and increased employee loyalty, commitment, and retention rates are also apparent outcomes of flexible work practises (Branine 2003; Greenhaus and Powell 2006). However, it is important to understand that although work flexibility may allow employees to manage their work patterns, positive outcomes have not always been achieved. Critics assert that focusing on choice and balance suggests having control over one’s life decisions, although these have to be considered in relation to the constraints brought about by gender, norms, and organisational culture. Flexible work practises should not merely focus on achieving balance between work and family, as flexible workers may experience certain challenges due to other factors outside the work-family context (Ransome 2007). 1.1.1 Flex ible Work Practises: An Overview Flexible working arrangements have served as a means for attracting, retaining, and motivating employees. This is especially true as work environments become more demanding and intense in terms of work pace and intensity. These practises also serve to align individual goals with organisational objectives (Lambert, Kass, Piotrowski, and Vodanovich 2006). Flexible work pr