Soliven V Makasiar Case Digest free essay sample

This is a petition for certiorari and prohibition to review the decision of the RTC of Manila. The facts are stated in the resolution of the Court regarding G. R Nos. 82585, 82827 and 83979; wherefore, the petitioner’s were lump together considering these cases were same in character. In these consolidated cases, 3 principal issues were raised: 1) whether or not petitioners were denied due process when information for libel were filed against them although the finding of the existence of prima facie case was still under review by the Secretary of Justice and, subsequently, by the President; 2) whether or not the constitutional rights of petitioner Beltran were violated when respondent RTC judge issued a warrant for his arrest without personally examining the complainant and the witnesses to determine probable cause; 3) whether or not the President of the Philippines, under the Constitution, may initiate criminal proceedings against the petitioners through filing of a complainant-affidavit. The following subsequent events informs about the first issue that rendered moot and academic: On March 30, 1988, the Secretary of Justice denied petitioners’ motion for reconsideration and upheld the resolution of the Undersecretary of Justice sustaining the City Fiscals finding of a prima facie case against petitioners; Also another motion for consideration filed by petitioner Beltran was denied on April 7, 1988; On appeal, the President, through the Executive Secretary, affirmed the resolution affirmed the Resolution of the Secretary of Justice on May 2, 1988; And on May 16, 1988, The Executive Secretary denied the motion for reconsideration. We will write a custom essay sample on Soliven V Makasiar Case Digest or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The second issue calls for an interpretation of the constitutional provision on the issuance of arrest warrant. The third issue argues on the presidential privilege of immunity from any suit. Petitioner’s Contention: Petitioners’ contention is that they have been denied the administrative remedies available under the law has lost factual support. Petitioner Beltran’s contention is that he could not be held liable for libel because of the privileged character of the publication. Petitioner Beltran also claim that to allow libel case to proceed would produce a chilling effect (fear) on press freedom. Issue: Whether or not freedom of speech was abridged. Ruling: Libel is not protected by the free speech clause, and some provocative statements which if taken literally will appear disrespectful and cause shame on behalf of public figures specially the President rendering them irritated, bothered, and could cause hindrance and distraction to their job. Finding no grave abuse of discretion amounting to excess or lack of jurisdiction on the part of the public respondents, the Court resolved to dismiss the petitions in G. R. Nos. 82585, 82827, and 83979. Hence, the writs for certiorari and prohibition prayed for cannot be issued.

How to Conjugate the Verb Stare in Italian

How to Conjugate the Verb 'Stare' in Italian â€Å"Stare† is used to talk about all things, from how you’re doing to where you’re at in Italy, so it’s best if you feel comfortable using this word in all its forms. What’s more, it’s an irregular verb, so it doesn’t follow the typical -are verb ending pattern. Below, you’ll find all of its conjugation tables as well as examples, so you can become more familiar with using stare. Definitions of Stare To beTo stayTo remainTo standTo be situatedTo liveTo be about to Stare in Italian It’s an intransitive verb, so it does not take a direct object.The infinito is â€Å"stare.†The participio passato is â€Å"stato.†The gerund form is â€Å"stando.†The past gerund form is â€Å"essendo stato.† Indicativo/Indicative​ Il presente io sto noi stiamo tu stai voi state lui, lei, Lei sta loro, Loro stanno Esempi: Sto bene, e tu? I’m good, and you? Maria sta buttando la pasta, ti fermi a pranzo con noi? Maria is about to cook pasta, are you going to have lunch with us? Il passato prossimo io sono stato/a noi siamo stati/e tu sei stato/a voi siete stati/e lui, lei, Lei à ¨ stato/a loro, Loro sono stati/e Esempi: Sono stata a Bologna ieri sera. I was in Bologna last night. Marco e Giulio sono stati davvero carini! Marco and Giulio were extremely nice! L’imperfetto io stavo noi stavamo tu stavi voi stavate lui, lei, Lei stava loro, Loro stavano Esempi: Che stavi facendo? What were you doing? Stavamo per partire quando ci ha chiamato Giulia. We were about to leave when Giulia called us. Il trapassato prossimo io ero stato/a noi eravamo stati/e tu eri stato/a voi eravate stati/e lui, lei, Lei era stato/a loro, Loro erano stati/e Esempi: Ho vissuto in Italia per 12 anni e non ero mai stato a Roma. I lived in Italy for 12 years and I had never been to Rome. Ero stato anche all’aeroporto, ma era gi partita. I also was at the airport, but she had already left. Il passato remoto io stetti noi stemmo tu stesti voi steste lui, lei, Lei stette loro, Loro stettero Esempi: Nel 1996, stetti a Londra per due settimane. In 1996, I stayed in London for two weeks. Stettrero ospiti a casa di Sandra durante il loro soggiorno a Milano. They stayed at Sandra’s during their stay in Milan. Il trapassato remoto io fui stato/a noi fummo stati/e tu fosti stato/a voi foste stati/e lui, lei, Lei fu stato/a loro, Loro furono stati/e This tense is rarely used, so don’t worry too much about mastering it. You’ll find it only in very sophisticated writing. Il futuro semplice io starà ² noi staremo tu starai voi starete lui, lei, Lei star loro, Loro staranno Esempi: Sà ¬, infatti, lui à ¨ malato, perà ² star bene fra un paio di giorni. Yes, in fact, he is sick, but he will be better in a couple of days. Starà ² pià ¹ attento, te lo prometto. I will pay more attention, I promise. Il futuro anteriore Io sarà ² stato/a noi saremo stati/e tu sarai stato/a voi sarete stati/e lui, lei, Lei sar stato/a loro, Loro saranno stati/e Esempi: Ho dimenticato di prenotare i biglietti? Sarà ² stato davvero stanco ieri sera. I forgot to book the tickets? I must have been really tired last night. Dov’era Giulia a sabato? Sar stata con suoi amici. Where was Giula on Saturday? She must have been with her friends. Congiuntivo/Subjunctive​ ï » ¿Il presente che io stia che noi stiamo che tu stia che voi stiate che lui, lei, Lei stia che loro, Loro stiano Esempi: Non so perchà © lui stia qua. I don’t know why he is here. Non penso che tu stia preparando abbastanza piatti. I don’t think you’re preparing enough dishes. Il passato io sia stato/a noi siamo stati/e tu sia stato/a voi siate stati/e lui, lei, Lei sia stato/a loro, Loro siano stati/e Esempi: Penso sia stato meglio cosà ¬. I think it was for the best. Credo proprio che siano stati accompagnati in taxi all’aereoporto. I really think they had been taken by taxi to the airport. L’imperfetto io stessi noi stessimo tu stessi voi steste lui, lei, Lei stesse loro, Loro stessero Esempi: Non pensavo che lui stesse alla festa. I didn’t know that he was at the party. Pensavo che stesse a dormire a casa tua. Sarei stato molto pià ¹ tranquillo! I thought she was sleeping at your place. I would have been a lot more relaxed! Il trapassato prossimo Io fossi stato/a noi fossimo stati/e tu fossi stato/a voi foste stati/e lui, lei, Lei fosse stato/a loro, Loro fossero stati/e Esempi: Se quel giorno fossi stato con lui, non sarebbe stato cosà ¬ triste. If I had been with him that day, he wouldn’t have been so sad. Se fossimo stati amici in quel periodo, ci saremmo divertiti un sacco! If we had been friends during that time, we would have had so much fun! Condizionale/Conditional​​ Il presente io starei noi staremmo tu staresti voi stareste lui, lei, Lei starebbe loro, Loro starebbero Esempi: Se io abitassi in Italia, starei meglio. If I were to live in Italy, I would be better. Se aveste finito i vostri compiti a quest’ora stareste al mare! If you had finished your homework, by this time you would be at the seaside! Il passato io sarei stato/a noi saremmo stati/e tu saresti stato/a voi sareste stati/e lui, lei, Lei sarebbe stato/a loro, Loro sarebbero stati/e Esempi: Sarei stata contenta se lui mi avesse regalato dei fiori. I would have been happy if he had given me some flowers. Non sarebbe stato possibile senza l’aiuto di Giulia. It wouldn’t have been possible without Giulia’s help. Imperativo/Imperative​​ Presente stiamo sta/stai/sa’ state stia stiano Stai zitto! Be quiet (informal)! Stia attenta! Pay attention (formal)!

Autobiography - The Separation Essay

Autobiography The Separation Essay Have you ever wondered if two people in love can stay together for life? In marriage, it is very common for husband and wife to vow to be with each other until one dies. However, there are studies that show that 8 out of 10 couples get divorced after the span of 1 to 20 years. This happened to my parents, they separated, this was when i was in the 8th grade leading to my first year of high school. I remember that day as if it was yesterday, a Wednesday afternoon. My sister Aixa and I had arrived home from school, as we strolled in through the front door we could smell the deliciousness of the ham and cheese sandwiches my grandma had ready for us. Later on, around 6 oclock, I was doing my english homework when my mother got to the house. She was always very drowsy and tired, work left her like that, and so commonly she would sleep as soon as she got home. This would make my mad upset and so they soon enough stopped kissing, stopped hugging, stopped talking. My father had also arrived home around an hour later, he went into his bedroom where my mom was resting and they talked for hours, which was a first in those past few months. They called for us and we all sat in the living room with the big plasma television. Mandy, Aixy ,  he exclaimed, calling us by our nicknames. We have decided to separate, you guys are already aware how much we dispute, it is not that we dont want to, but we dont have that spark anymore.   By that time my sister had broken into tears, screaming. Why? Why? Stay together for me! Please!   My mom put her hand up as a sign for her to be quiet as she replied. I simply do not love him anymore.   Everyone was quiet, the only sound was the couch creaking as I stood up and ran out the door. I thought I heard my parents call out to me, but I dont remember well. It was drizzling, and as I traversed through the cement I felt something cold stain my cheek, a tear, not a raindrop, but a tear. And soon came many ot hers, flooding my face with salty droplets. I hugged my hands to my chest and convinced myself I was going to be okay, I was going to move on and get past this hurtful event. I eventually walked back home where my parents yelled at me, and then hugged me. Months passed and my mother, sister and I finally moved. We moved into a cozy little apartment for three, every night I would remember my dad and how I didnt live with him anymore, I was very disappointed. But a year later i got used to it and I realized that it was okay for people to not love each other anymore, thoughts and ideas come and go, isnt it the same with love?

Pd film Movie Review Example | Topics and Well Written Essays - 500 words

Pd film - Movie Review Example The primary character in this case is Max Klein, one of the survivors after the plane crash. On realizing that the plane is on a crash course and there is minimal chance of survival, he gets comfortable with the idea that his life is going to be ended. In this situation, Max did not want it to be that he was the only one. This is because there were a whole lot of passengers who were scared by the situation at hand. It is at this point that we see the power of thought and the belief system, which a person has, working for them. Max is of the opinion that he is going to die and he has willingly accepted the fact. In this same case, he offers the other passengers a semblance of consolation. The other way through which this event seems to have changed the life of Max is by letting him do away with some of the fears, which he had. In this case, the fear, which is in question, is the fear of flying. This is something, which is exhibited when he declines the tickets, which were offered to him for the purpose of transport to San Francisco. He clearly states that he does not fear flying anymore. What this shows to the normal person is that it is of the essence to let of the fears, which act as barriers to the development of a person. The reason for this is that it may be difficult for the individual in question to make any significant progress in his or her life. This is simply because he or she is tied to the fears, which he or she seems to be having in his or her life. The happenings in the film also point out to the viewers that it is very important to be people who live for the moment and enjoy the pleasures which life has to offer. This is a fact, which was highlighted when Max met up with Alison, his high school sweetheart. Initially, it is realized that he had an allergy for strawberries. However, upon their meeting, Alison notes that max is eating strawberries. She questions this and the answer gives is that Max had gotten past his

Capstone Experience (Employee Impact on the Plan )3 Assignment

Capstone Experience (Employee Impact on the Plan )3 - Assignment Example have a negative effect on the organizations performance as a whole. Bad behavior in an organization setting can emanate from the work groups, to which an employee belongs; bad or strict organizational culture and policies e.g. tight supervision; work attitudes; organizational politics e.g. favoritism in promotions, poor compensation policies, personal deviance e.g. verbal abuse, sexual harassment and endangering co-workers, etc. (Robbins and Judge, 2012). Deviant behavior has a negative effect on employee recruitment and training (Martinko, Gundlach and Douglas, 2002). For instance, deviant behavior can lead to favoritism during recruitment, demotivation of new employees, high employee turnover, resistance to change, unhappy workers, unsafe work environment, low employee production, hostile work environment, low-skilled workers due to lack of commitment from old employees to mentor and train new employees, dissatisfaction, etc. (Tina, n.d.). The overall ramifications of poor employee training like poor or low quality work processes can affect negatively on the overall performance of the organization leading to business failure. Therefore, it is imperative that negative behaviors in organizations are checked to ensure that employees are satisfied because the overall performance of the organization depends on the productivity of individual employees of the organization. Martinko, M., Gundlach, M., and Douglas, S. (2002). â€Å"Toward an integrative theory of counterproductive workplace behavior: A causal reasoning perspective.† International Journal of Selection & Assessment,

Strategic plan Essay Example for Free

Strategic plan Essay The objective of this weeks assignment are to create a SWOT analysis for the Combat Sports Association to determine the internal strengths and weaknesses of the organization and the external opportunities and threats to organization. The assignment will also identify the legal and regulatory trends that need to be taken into consideration and how the CSA will adapt to changes in the industry. Major issues will be identified and classified to determine the importance of each issue in the analysis. SWOT ANALYSIS: Strength: Weakness Strategy- Provide quality service by staying true to the CSA vision, mission, and core values Structure- The structure for CSA is simplistic that it can be managed by the owner and an Administrative Executive and service rendered by contractors Resources- limited resources are needed for start up (capitol, facilities, computers, personnel Leadership- CSA leadership has a proven track record within the combat sports community Technology- CSA has very little knowledge of current technology application such as web design. Intellectual Property- All applicable regulatory requirements for SCA need to be written. Economic: Combat sports are currently the fastest growing sports in the U. S Technology: The growth in technology allows faster communication via social media, smart phones to allow for real time communication Innovation: By staying up to date on the changes/issues in the sports CSA will can stay of the leading edge of training officials and provide customers will the best service available Competitive Analysis: There is tremendous growth in the sports. There are more promoters than established sanctioning bodies. Resulting in a stronger market share for a reputable sanctioning body Legal/regulatory: Combat Sports legal/regulatory requirements vary from state to State Social: Changes in social values of promoters (ethics/morals) and competitors ( banned substances) require constant supervision Environmental: Exposure to blood borne pathogens by officials, competitors, and fans must be mitigated by ensuring testing and proper disposal of bio hazard materials Opportunity: Threat: The Combat Sports Association SWOT analysis provides key areas of focus for development of a strategic plan for operating a new sanctioning body for combat sports in Nevada. The external factors that will be looked at are legal and regulatory requirements in the combat sports industry and how CSA will apply these requirements to ensure customer compliance. CSA will look at the economical perspective in regards to the growth of combat sports in Nevada and the competitive analysis SCA will use to be a low-cost provider in a competitive market. These issues are classified as the external issues of CSA . The internal factor that will indentify the strengths and weaknesses of CSA will be Leadership, structure, resources, and intellectual property. The leadership provided to CSA customers and sub-contractors is a differentiating value chain activity that sets CSA apart from competitors. CSA is structured as a flat organization to provide a simplistic communication with customers and contractor and eliminate costs to maximize profit. Few physical resources and overhead are needed to develop CSA in the combat sports industry. The most significant hurdle to overcome fro CSA is the development of intellectual property that will set CSA apart from the competition. These issues are classified as the internal issues of CSA. The two largest hurdles for CSA are the legal and regulatory factors (external) and the intellectual property (internal). Legal and regulatory factors were identified as a threat based on governmental laws of the state of Nevada. The Nevada State Athletic Commission (NSAC) is the office of primary responsibility (OPR) that sets the regulatory guidance of combat sports in Nevada. This is accomplished through N. R. S 467 and N. A. C. 467 making compliance mandatory for all sanctioning bodies within Nevadas jurisdiction. CSA must comply with these standards and stay attuned to any changes, adapt to any changes of the law. One example is the policy changes for Therapeutic Use Exemption (TUE) for Testosterone Replacement Therapy (TRT) for combat sports athletes. The intellectual property for the SCA must be written to comply with the regulatory requirements of the NSAC. SCA classified intellectual property as an internal issue and weakness. CSA intellectual property is the policies and procedures that the organization will operate from and the standards operating procedures that its customers/promoters/athletes will abide by. The intellectual property has for CSA has yet to be written. Until the CSAs regulatory guidance is written CSA will be unable to operate within the state of Nevada. The economic factor was classified as an external issue and indentified as strength for CSA. Combat Sports in the U. S. , particularly Mixed Martial Arts (MMA) is the fastest growing sport. With the interest in the sports growing more gyms that cater to the mixed martial artist are opening. Those athletes that wish to compete seek out organizations they wish to compete for. This results in more events being put on by promoters. There is more business minded people investing in becoming promoters. As this growth continues it means more opportunity and work for sanctioning bodies. The CSA can take advantage of this growth in the MMA by conducting a competitive analysis to determine its place in the market. The competitive analysis was classified as strength for CSA because it beat the competition in all but one category. This gives CSA a strong competitive position in the sanctioning body market. Competitive Analysis CSA Rival 1 Rival 2 Quality performance 10 8 7 Reputation/Image 10 7 6 Service Capabilities 10 8 7 Competence Capabilities 9 9 7 Financial Resources 8 9 8 Geographical Infrastructure 9 8 8 Un-weighted Strength Assessment 56 49 43 The leadership of CSA is classified as an internal factor and identified as strength. One of the key factors is the experience the leadership has in the combat sports industry and over 21 years of providing quality control for regulatory standards. CSAs leadership has a proven track record within the industry for adherence to regulatory compliance and leading promoters to compliance rather than forcing them. The leadership is recognized as a subject matter expert within the state for matters concerning combat sports and is often recommended by NSAC to consult with new promoters prior to state licensing. The CSA leadership is a resident of the state of Nevada; where-as rival companies are out of state residents. This allows CSA leadership to frequently meet with NSAC on key issues and provide on-site supervision for customers/promoters event. All the experience and expertise has allowed the CSA leadership to develop a vision, mission, and core values that will allow SCA to achieve unprecedented success in a growing industry. The Structure of SCA flat this allows for direct communication to all functional areas of the CSA. This also is effective in cutting costs. By maintaining a flat structure CSA management speaks directly with customers and subcontractors on all matter to facilitate continuous improve to relationships and processes. For example; if a customers CFO needs a specific information on CSA officials travel itinerary they can call CSA management or the officials directly or if the customers administrative executive needs statistical data from previous event they can call CSA management directly. One of the benefits of a flat structure is that CSA provides customers with a hands-on approach to dealing with the customers needs. This creates a friendly and trusting environment. Another benefit to a flat structure is that it alleviates the high costs of multiple management and employees costs. With a flat structure that outsources key positions to subcontractors CSA can focus directly on maximizing profits. Customers/promoter will pay the subcontractors directly and only pay CSA the event representative fee and the standard sanctioning fee for services rendered. The resources factors was classified as an internal strength because there are very little resources and overhead needed to start up a sanctioning body. Essentially the initial resources needed are a computer, home office, and standard office supply. Very little capitol is needed to start this business. Some additional costs will be a business license, incorporation fees, legal fees to ensure contracts with customers are properly written to reduce CSA liabilities. CSA has established relationships with the best subcontractor/officials (Referees, judges, timekeepers, scorekeepers, inspectors, and physicians) in the combat sports industry. These relationships will help CSA move forward to become the premiere sanctioning body in Nevada. By using qualified and training officials CSA will create a culture of safe and fair competition for its customers that will attract the best competitors. This will result in a larger fan base for the promoters thus generating higher ticket sales and increased revenue. The comprehensive SWOT analysis conducted by CSA has achieved compound result that provides CSA with multiple areas of focus. It identified the internal strength and weaknesses of the organization. The opportunity and threat identified external factor that need to be focused on. The competitive analysis provided a current snapshot of how CSA currently ranks within the industry. The SWOT analysis also shows CSA where it can make improvements. The overall assessment for CSA is that it can gain a considerable market share of the combat sports industry within Nevada considering the growth of combat sports.

Organizational Structures that are Suitable in the Business Circumstances Today :: Papers

Organizational Structures that are Suitable in the Business Circumstances Today The world today is experiencing the most rapid pace of change in its history. The purpose of this essay is to discuss what organizational structure is suitable in the business circumstances of today. This essay will argue that ‘the environment of the 21st century is such, that to be effective, organizations are tending towards less formalized structures than used in the past’. To support this argument, firstly organizations will be defined, and then the properties that make an organization effective will be identified. Next organizational structure will be appraised, and what constitutes business environment will be established. Finally the influences globalisation and technology have had on the will be addressed in relation to changes in organizational structure. Robbins et al. define an organization as ‘a deliberate arrangement of people to accomplish some specific purpose’ (2000: 5). While Wood et al. consider organizations as ‘collections of people working together in divisions of labour to achieve a common purpose’ (1998: 15). These definitions fits a wide variety of groups such as sporting clubs, religious bodies, voluntary associations etcetera however for this essay will concentrate on business organizations. A Business organizations’ purpose is to deliver and product or service in such a way that a benefit is gained for the organization, profit or goodwill for example. The Macquarie dictionary is defines effective as ‘producing the intended or expected result and producing a striking impression’ (1990). Thus an effective organization is an arrangement of people that successfully achieved their purpose, ie. a large profit of fine product, and have done so in a noteworthy, exemplary, commendable method or fashion. It is understood that to be effective an organization must be efficient. Efficiency is defined as ‘the relationship between inputs and outputs, the goal of which is to minimize resource cost’ (Robbins et al., 2000: 8). Usually a business organizations’ success is primarily measured in financial profit, though this is not the only benchmark. Organizational structure is defined as ‘the organization’s formal framework by which job tasks are divided, grouped and coordinated’ (Robbins et al., 2000: 351). Generally an organizations’ structure is considered to be the managerial framework that directs the non-managerial employees. Traditionally western organizational structure can be argued to have developed from the feudal system of government where a strict pyramidal power and class structure existed.

Contract and Invitation

1. Offer 1. Offer means a proposal by a person in which he makes his willingness to enter into a legally binding contract for some conside ¬ration. 2. An offer is made with the object of getting consent of the offeree. 3. An offer can be accepted by the offeree. 4. An offer when accepted becomes an agreement. Invitation to Offer 1. An Invitation to offer means an intention of a person to invite others with a view to enter into an agreement. 2. An invitation to offer on the other hand is made with . An invitation to offer cannot be accepted by the person to whom it is made. 4. An invitation to offer cannot be accepted at all. 2. An offer / proposal are necessarily for the formation of an agreement. Section 2(a) of Contracts Act 1950 said when person signifies to another his willingness to do / to abstain from doing anything, with a view to obtaining the assent of that other to act / abstinence, he is said to make a proposal and invitation to treat means an invitation to make an offe r.A) There are many distinguishing between offer and invitation to treat. The first distinguishing is from meanings. Offer is an expression of willingness to contract on certain terms made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the offeree. Invitation to treat different with offer it means an invitation to make an offer. An invitation to treat is not an offer, but an indication of a person's willingness to negotiate a contract.Based on the case: COELHO v. THE PUBLIC SERVICES COMMISSION[1964] M. L. J. 12 In this case, the applicant, a Health Inspector under the Town Board, Tanjong Malim, applied for the post of Assistant Passport Officer in the Federation of Malaya Government Oversea Missions advertised in the Malay Mail dated 19 February 1957. Consequently, the applicant was informed that he was accepted and, after undergoing training, he was posted to the Immigration Office,Kuala Lumpur, where he remained unt il December 1958 when he was transferred to the Immigration Office at Johor Bahru. On 5 November 1959, the Secretary to the Public Services Commission in a letter addressed to the applicant as ‘Assistant Passport Officer on Probation' informed him that, following a report from the Controller of Immigration concerning his conduct in the irregular issue of certain passports, disciplinary action was being taken against him with a view to his dismissal.The applicant made representation as invited by the said letter and, on 24 December 1959, the applicant was informed that the respondent had decided that he should not be dismissed but that his appointment on probation be terminated forthwith by payment of one month's salary in lieu of notice. The applicant now moved the court for an order of certiorari to quash the decision of the respondents on the grounds of error in law, want of jurisdiction, and failure to observe the principles of natural justice. An order of certiorari is an order of the court directing that something be done; in this case, the court order applied for was one directing that the decision of the respondents be overturned). It was held that: 1. That the Malay Mail advertisement was an invitation to qualified persons to apply and the resulting applications were offers. 2. The information conveyed to the applicant was an unqualified acceptance to join the overseas mission and he so understood it.B) Second distinction between offer and invitation to treat is an offer maybe made orally in writing or by conduct such as example of an offer made by conduct is where a customer in a supermarket chooses goods and hands them to the cashier, who then accepts the customer's offer to buy. Invitation to treat may made by displaying goods in shop windows, on shelves, advertisement, tender / auction or a statement of price. Based on the case of: PHARMACEUTICAL SOCIETY OF GREAT BRITAIN v. BOOTS CASH CHEMIST LTD[1953] 1 A11 ER 482. In this case the Defendant was being charged for failing to comply with one of the Great Britain Laws, i. . The Pharmacy and Poisons Act, 1933 which stated that it was illegal to sell specified poisons without under supervision by registered pharmacist. The Defendant operated self-service shop where a customer may select any goods, which were being display in the shop. When the customer has picked the goods, after that, the payment was to be made at the cashier's desk. At the cashier's desk, the operator of the shop can't stop the transaction since the display of goods as regarded as proposal and when the customer picked the goods as regarded as acceptance, therefore, the self-service shop failed to comply the above-said law.The self-service shop operated according to the above-said law display of goods only be regarded as invitation to treat and the customer was the one who made the proposal. Later on, at the cashier's desk a registered pharmacist supervised the transaction and was given authority to refuse the contract of sale, if violated any provisions in the above-said law. It was held that the Defendant was not made an illegal sale since display of goods only be regarded as invitation to treat and the customer was the one who made the proposal.Later on, at the cashier's desk a registered pharmacist supervised the transaction and was given authority to refuse the contract of sale, if violated any provisions in the above-said law. C) Another is an offer have a termination. There is based on counter-proposal, by using notice of revocation, lapse of time, by failure of acceptor to fulfill a condition precedent to acceptance and by the death of mental disorder of the proposer. For an invitation to treat there is no circumstances or conditions to termination a proposal. The termination of proposal is based on cased:MACON WORKS AND TRADING SDN BHD v. PHANG HON CHIN & ANOR[1976] 2 M. L. J. 177. In this case, the defendants gave an option to A her nominees to purchase a piece of land. The option was exercisable only after one LK showed no more interest in the land. The plaintiff's, A's nominee, exercised the option and claimed specific performance. The defendant resisted, contending inter alia, that the offer had already lapsed. It was held that where no time was fixed, an offer would lapse after the expiration of a reasonable time (section 47 of the Contracts Act 1950).What is reasonable is a question of fact depending on the actual circumstances of each case and the nature of the business. Failure to accept within a reasonable time implies rejection by the offeree. D) Otherwise, an invitation to treat is an action inviting other parties to make an offer to form a contract and it just a first step to negotiate, or indication of a person's willingness to negotiate a contract but an offer is a creates a binding contract, subject to compliance with the terms of the offer. It refers to the case:M & J FROZEN FOOD SDN. BHD & ANOR v. SILAND SDN BHD & ANOR[1994] 1 M. L. J. 303. In this case that Siland Sdn. Bhd (the first respondent) was the registered owner of a piece of land which it charged to the second appellant, Eu Finance Bhd. Due to a default on the part of the first respondent, the second appellant applied to the senior assistant registrar (the SAR) and obtained an order for sale of the property by public auction. M & J Frozen Food (the first appellant) was the highest bidder and was pronounced the purchaser of the property.The first appellant paid a 25% deposit of the total purchase price as provided under the conditions of sale, while the balance of purchase money was to be paid into court within 30 days from the date of sale. However, this was not done. It was held that the provisions of the National Land Code 1965 showed that the sale at this juncture (at the fall of hammer) had only be concluded in the sense that the goods would no longer be offered for a sale to prospective buyers and the successful bidder could not be permitted to ret ract his acceptance.Thereafter, each party to the contract of sale must perform his part of the obligation and until then no executed or actual sale had been concluded. Therefore a reference to a sale being concluded at the fall of the auctioneer's hammer could only refer to that stage of the transaction of sale when there was concluded an agreement between the vendor and the highest bidder, the former to sell and the latter to purchase the goods. E) In addition, statement of price is not necessarily an offer because offer only has a termination on proposal between invitations to treat; statement of price is necessarily in an invitation to treat.It referred to the case of: HARVEY v. FACEY[1893] AC 552. In the case that the plaintiff telegraphed to the defendant, ‘Will you sell us Bumper Hall Pen? ‘ ‘Telegraph lowest cash price'. Defendant telegraphed in reply ‘Lowest price for Bumper Hall Pen $900. The plaintiff then replied ‘We agree to buy Bumper Hall Pen for $900 asked by you. Please send your title deeds. No reply from the defendant. Plaintiff claimed that there was a contract between himself and the defendant. It was held that there was no contract. The second telegram was not an offer but in the nature of an invitation to treat.The final message could not be looked upon as an acceptance. F) Offer involved one party (unilateral) or more parties (bilateral). Bilateral contract is an agreement in which each of the parties to the contract make a promise or promise to the specific person and public at large. On the invitation to treat it only involve to the one party (unilateral). It means that only one party, make an offer but it depends to a person to form a contract. It based on case of: CARLILL v. CARBOLIC SMOKE BALL CO. LTD[1893] 1 QB 256.Facts of the case that the defendant made an advertisement in the newspaper where the defendant willing to pay 100. 00 Pounds to anyone who still suffering influenza after taking the medici ne according to the prescription sold by the defendant. On top that the defendant has deposited 1000. 00 Pounds in the special account in the Alliance Bank for the above-mentioned purposes. The plaintiff used the above-said medicine, unfortunately, she still suffering the influenza. Then, the plaintiff asked for the compensation that had been promised by the defendant in the newspaper.It was held that the plaintiff was entitled for the promise that amount 100. 00 Pounds made by the defendant since the defendant's advertisement being considered as proposal addressed to public at large and the plaintiff has accepted the proposal by purchased the medicine and used the medicine according to prescription. The defendant advertisement being considered as proposal because in the advertisement there was an element of willingness where the defendant has deposited money that amount 1000. 00 Pounds in special account in the Alliance Bank for the above said purposes.G) The offer must be communic ated to the offeree if the offeror want to revoke his or her proposal before it can be accepted and the offeror will bind to a legal after the acceptance but invitation to treat there is does not communicated before the acceptance and the invitation to treat can revoke anytime without mention to another party. It based on cased: BANQUE PARIBAS v. CITIBANK NA[1989] 1 M. L. J. 329, CA. In this case, a company, Selco Salvage Ltd, wrote a letter dated 14 October 1985, offering to sell to the respondents the salvage claims in respect of nine vessels.By a letter dated 31 October 1985, Selco offered to sell to the appellants salvage claims in respects of five vessels which were also part of the nine salvage claims offered for a sale in their 14 October 1985 letter to the respondents. The appellants accepted the offer and purchased those five salvage claims. Subsequently, on 7 November 1985, Selco again wrote to the respondents offering to sell their salvage claims in respect of four vessel s which were listed in the 14 October 1985 letter.They further stated in their letter that ‘ this letter will supersede our previous letter dated 14 October 1985'. The respondents accepted the offer and purchased the salvage claims regarding these four vessels. A dispute arose between the appellants and the respondents as to the ownership in respect of the five salvage claims and the respondents claimed that on 20 November 1985, they had purchased the five salvage claims without any notice of the appellant's prior purchase of them from Selco.The respondents agreed that although they purchased the salvage claims of four vessels on 7 November 1985, Selco's offer to sell the balance five salvage claims contained in the 14 October 1985 letter still remained open and available for acceptance by them, and that they finally accepted the offer on 20 November 1985. It was held that the 7 November 1985 letter written by Selco to the respondents contained the vital paragraph namely, â₠¬Ëœthis letter will supersede our previous letter dated 14 October 1985'.The only meaning one can give to this paragraph is that the 14 October letter had been replaced or substituted by the 7 November letter. The effect of that is any offer contained in the 14 October letter which had not been accepted had been withdrawn. Selco had, on 7 November 1985, in clear and unequivocal terms, withdrawn or cancelled the offer contained in the 14 October letter and henceforth there was no offer which remained upon and available for acceptance by the respondents on 20 November 1985 or any other date.Where the communication of acceptance is made by the acceptor through a course of transmission such as post, telegraph, telegram, then the communication of the acceptance is deemed complete as against the proposer, when it is put into a course of transmission to him, so as to be out the power of the acceptor. Read more: http://wiki. answers. com/Q/Difference_between_offer_and_invitation_to_offer_is #ixzz252JB0My1 3. As per the Halsbury's Laws of England. an offer is an expression by one person or group of persons, or by agents on his behalf, ade to another, of his willingness to be bound to a contract with that other on terms either certain or capable of being rendered certain. [Halsbury's Laws of England- Para. 632] An invitation to offer, on the other hand, may also be called an invitation to treat (as it is, under English Law) and merely indicates the interest of one party to enter into negotiations and is by no means supposed to form a binding contract. [Halsbury's Laws of England- Para. 633 4. Difference between AN OFFER and an INVITATION TO TREATAn invitation to treat is to be distinguished from an offer as it merely indicates a willingness to deal but does not display an intention to be bound. Broadly speaking, an invitation to treat is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer whilst an offe r is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the â€Å"offeree†.The indication of willingness to enter into a contract may manifest itself in a variety of ways. The indication can be contained in a letter, a newspaper, a faxed document, an e-mail or it may even be inferred from someone’s behavior. An offer is something which must be done or refrained from being done which is accepted to become a contract. For example, you offer your car for sale for a price say for $9,000. 00, your offer to the world at large is $9,000. 0 consideration for your car. Your term is simply if you give me $9,000. 00 you can have my car. An invitation to treat simply means an invitation to make offers, so using the example above; if instead of the price you just said – â€Å"offers considered† that become an invitation to treat, then you are i n a position to accept or reject offers. It is important to distinguish between an offer and an invitation to treat.

Wearable Computer

Ever since the development of the ENIGMA (the first digital computer), computers have inspired our imagination. In this period came the World War II code breaking machine designed by Alan Turing, and Von Neuman’s ENIAC which can be called dinosaurs compared to present day PCs. In the earlier days, computers were so huge that it took an entire building, or at least a floor to occupy one. Computers of that era were very slow by today’s standards.In the non-ending struggle to increase computing speed, it was found out that speed of electricity might become a limiting factor in the speed of computation, and so it was a need to lessen the distance that electricity had to travel in order to increase the computing speed. This idea still holds true in modern computing. By the 1970s, computers grew fast enough to process an average user’s applications. But, they continued to occupy considerable amount of space as they were made of solid blocks of iron.The input was done b y means of punch cards, and later came the keyboard, which revolutionalized the market. In 1971 came the 4004, a computer that was finally small in size. The programmability of these systems were quite less. Still, computers had to be plugged directly in to AC outlets, and input and output done by punch cards. These computers were not built keeping users in mind. In fact, the user had to adjust himself with the computer. This was the time when wearable computer (wearcomp) was born.In the 1970s, wearcomp challenged the other PCs with its capability to run on batteries. Wearcomps were a new vision of how computing should be done. Wearable computing showed that man and machine were no more separate concepts, but rather a symbiosis. The wearcomps could become a true extension of one’s mind and body. 1. 1. Definition of â€Å"Wearable Computer† Wearable computing facilitates a new form of human-computer interaction comprising a small body-worn computer that is always on and always ready and accessible.In this regard, the new computational framework differs from that of hand held devices, laptop computers and personal digital assistants (PDAs). The â€Å"always ready† capability leads to a new form of synergy between human and computer, characterized by long-term adaptation through constancy of user-interface. 1. 2. What is a Wearable Computer? A wearable computer is a computer that is engulfed into the personal space of a user, controlled by the user, and has both operational and interact ional constancy.Most notably, it is a device that is always with the user, and into which the user can always enter commands, and execute a set of such entered commands, and in which the user can do so while walking around or doing other activities. i. e. The wearcomp is a intertwined computer. Unlike wristwatches, regular eyeglasses, wearable radios, etc. the wearcomps are reconfigurable as the regular desktop PCs. Wearable computing can be defined in terms o f its three basic modes of operation and its six fundamental attributes.

Bushs Cold War essays

Bush's Cold War essays For fifty years, the total purpose of American foreign interaction was to stop the spread of Communism. Only the threat of annihilation could prevent the citizens from rolling back into their traditional isolationism. George Washington himself preached that the United States should stay out of European affairs, and his people didnt forget that. Keeping their noses out of Europeans business was like second nature. Unfortunately, the Cold War changed that. If the US wanted to keep its allies democratic, or at least dictatorial, it would have to give them a reason to stay that way. In Eastern Europe, countries were given money and other supplies to keep themselves out of poverty. Impoverished people tend to turn towards Communism. In South America, harsh dictators were supported only because a dictator is not going to let his people turn against him. For the longest time, this plan worked. However, fifty years is a long time. By the time the USSR broke up in 1991, the American people were used to meddling in foreign affairs. Sitting back and funding internal improvements and the economy no longer appealed to the Great Society. As a consequence, the old President Bush defended Kuwait from Iraq, not so much that it was necessary for the United States, but because it seemed right and just. This policy has been imitated in Bosnia, Kosovo, and partially in Iraq (after no Weapons of Mass Destruction were found, Bush tried to turn this into a war to save the Iraqi people). This is not a good trend. If the US continues to meddle in other peoples business, it will make some powerful enemies. The United Nations has already been deeply offended when Bush ignored its demand not to invade Iraq. Being the largest cooperation of democratic nations in the world, the UN is not a group to infuriate. If the European Union decides to shun the US, a crippling amou ...

Organizational Behavior Case Study Example | Topics and Well Written Essays - 1000 words - 1

Organizational Behavior - Case Study Example Indeed, all the medical staff report to the Chief Medical Officer and clinic administrator. Notably, all the medical staff and the management must have adequate training and knowledge on their responsibilities (Borkowski, 2011). As such, they performed according to their abilities and valued team work in achieving the goals of the clinic. However, late last year, the Chief Medical Officer and clinic administrator decided to implement changes in the clinic’s policies and practices without consulting the medical staff which led to adverse effects in the organization (Borkowski, 2011). At the time, there were numerous delays and long wait list in the clinic subject to increasing number of patients, frequent problems with the machines in the theater, lack of administrative support, few numbers of medical staff, inefficient policies, poor IT support, and lack of space in the clinic as earlier noted by the medical staff. The Chief Medical Officer and clinic administrator opted to in crease the working hours of the medical staff, introduce a universal method to assess the performance of the health providers, and changed policies as they sought to address the problems at the clinic. Notably, the new working schedule did not solve the problems as the medical staff would work for long hours for no extra returns thus demotivating them. Moreover, the new policies contradicted with the professional ethics of the medical staff and thus they declined to adopt the new policies. In fact the management set the working in the clinic to be from 7:00-5:30 every day including weekends where every medical staff would work for atleast70 hours in a week. More so, the management used an informal method to communicate the changes to the medical staff. As a result, lack of administrative support, communication, and motivation led to resignation of 2 nurses and 2 physicians thus crippling the operations of the facility. However, the clinic is slowly restoring its operations and effic iency after the clinic was put under new management. X And Y-Theories Styles of Management Douglas McGregor devised Theory X and Theory Y of management which assumes human nature and human behavior in management (Kopelman et al, 2008). Theory X assumes that work is undesirable, works avoid responsibility, money is the ultimate motivation to work, and creativity is exclusive to  management (Mohamed & Mohamad, 2013). The theory asserts that workers require forcible manipulation, resists change, control, and direction for them to achieve company objectives and workers avoid work at all costs. In this style of management, there is minimal delegation, centralized control and supervision (Mohamed & Mohamad, 2013). Indeed, the X-Theory assumes that the management’s role is to coerce and control employees. This theory applies in large organizations where X-Theory management is unavoidable (Mohamed & Mohamad, 2013). On the other hand, we have the Y-Theory which assumes a positive vi ew of human behavior where individuals are normally responsible, industrious, creative, and adopt self-control in their work (Mohamed & Mohamad, 2013). Indeed, this theory would have helped with provider retention in this case study. This is because theory Y encourages participative management where the management consults with the employees in making decisions and affords employees with a chance to control their working environment (Mohamed & Mo

Discovery and settlement of the new world Coursework

Discovery and settlement of the new world - Coursework Example Their occupation mainly consisted of hunting and farming in a limited manner as the invention of tools and wheel were not made in those times. However, they used few primitive tool and gold and silver for ornaments. None of the tribes had written language. They used pictures to convey their messages or make a record of important events and for long distance messages, used smoke signals and sign language. On the other hand, the tribes in south like Aztec and Inca were more developed and furnished with equipment formed a cultured society. They were at an advance level in mathematics and architecture, due to which proper cities and towns were constructed and great stone temples were made to worship. They had a written language. A common viewpoint about these southern tribes is they had a high level of cultural advancement comparatively to any country of the Western Europe. The disagreement in Anglican Church found its way across Atlantic oceans. The puritans especially were in tolerant about beliefs different than them. They argued that the religious practices of Church of England should not resemble to Catholicism. The aim of British Colonies was to practice religion as to worship God with freedom. However, this approach was only adapted by early colonists, which was not extended further. There were four main New England colonies, Massachusetts, Rhode Island, Connecticut, and New Hampshire. Later on the survival of English colonies depended on them In 1629, Massachusetts was founded by few puritans of common faith. About one thousand men, women and children started their journey towards America, as they were distressed to see the moral life and future of religion in England. They came to America to practice religion freely and in turn forced the residents to practice the same belief. They punished, whipped and persecuted those who did not belief in puritan faith. Many settlers were forced out from their lands for not practicing those beliefs, which eventually set tled in Rhode Island. In 1644, Roger Williams was banished from the Massachusetts colony due to his belief in, God can be worshipped in many ways. He did not thrust puritan believes on the Indian tribes due to which he was ordered to ship back England but he managed to escape and found Rhode Island, which was the first colony where any or every religion was acceptable to practice. The dissenters were forced to live here and some later on moved to Connecticut. Thomas hooker was the most popular Puritan preacher in the Massachusetts colony, who formed Connecticut colony in the valley of Connecticut river .He angrily fought for religious rights and in 1662 was granted with the charter by the Anglican Church. A written plan was documented for the four colonies and presented to the government by Connecticut. The first big battle among settlers and Native Americans was also fought here and was won bye English settlers. New hemisphere was founded in 1679 with the consent of English King an d it became a royal colony. At one time it was part of Massachusetts. The immigration of tribes, from a nonjudgmental perspective was held acutely. Past events flowed in front our eyes as a story being told. The determination and efforts put by daring explorers who ventured over the world and discovered new lands and exotic things, is a note to be marveled upon. With few sources in hand and limited knowledge about the whereabouts of final destiny these explorers are