Impression Management as a Goal Directed Activity

Impression ManagementAssignment question: â€Å"Impression Management as a goal directed activity not only sets the boundaries of what is considered appropriate behaviour but also aids in defining what behaviour will be met with disapproval. †(Goffman 1989) Discuss this statement in the context of a practical professional setting. According to Andersen, M. L. , & Taylor, H. L. (2006)impression management is defined as â€Å"good oriented conscious or unconsciousprocess in which people attempt to influence the perceptions of other people about a person, object or event, they do so by regulating and controlling information in social interaction. According to Sinha (2009), â€Å"Impression management is an active self-presentation of a person aiming to enhance his image in the eyes of others† (p. 104). A symbolic interaction noting that impression management is â€Å"the process of authentic self-presentation used when an individual wants to present himself to other peop le the same way he perceives himself†¦a tactical brand used by individuals. † A variation of this view by Brym and Lie, (2006, p. 44) depicts impression management as a situation whereby â€Å"people deliberately change or modify their behaviour to fit a given situation†¦the process whereby people seek to control the image that others have of them. † The above scholarly views seek to consolidate Goffman’s (1989) view that â€Å"Impression Management as a goal directed activity not only sets the boundaries of what is considered appropriate behaviour but also aids in defining what behaviour will be met with disapproval. † In assessing the concept of impression management it is pivotal to isolate the impetus behindthisconcept.All the above definitions provide a direct inference that this concept involves creating an impressionable illusion which is highly fragile and requires constant attention in order to ensure its sustainability. Keeping in mind that it is a goal oriented model, impression management is a fundamental and universal process that involves a number of influential factors. These factors are social, cultural and spiritual. Considering that this model is set in a professionalenvironment, it is essential to administer an appropriate outlook into impression management in professional localities.Newman, (2009, p. 173) states that â€Å"Impression management allows the production of manufactured personas, which aid in the socialization process. The use of impression management provides people with the necessary skills to create a custom and often falsified perception. †, this may be well suited to the professional environment and its various facets such as job interviews, officerelations between employees and management, firms and both clients and potential clients, firms and other firms as well with the ultimate goal being to create a virtuous professional atmosphere.It is paramount to note that the microcosm represents the macrocosm, in relation to impression management it is hence necessary to carry out a thorough analysis of individualistic measures of impression management before relating this to an entire professional setting. According to Andersen and Taylor (2006), â€Å"Impression management can be seen as a type of con game† (p. 04), relating to the basic scenario of a job interview when a person engages in impression management, they are attempting to manipulate the impression they project onto others, with the goal being to ultimately acquire a job and will do so through the following means of impression management: †¢Good eye contact in order to establish an aura of confidence and honesty critical to the business sector †¢An appropriate physical appearance, aclean, professional persona †¢Chronematic management, being prompt is tantamount to a gesture of a focused individual †¢Kinesis should be reflective of confidence and a potentially aggressive st ature appropriately suited to the aggressive nature of the business world In essence, the above seeks to highlight the paramount idea that the person being perceived manages the perception of the perceiver hoping to have a positive impact which in this case is delivering a sublime job interview with prospects of acquiring a particular job position. This approach helps a person carefully craft relationships and by extension they have the ability to alter their position in the socialization process through impression management, especially if now expanding the concept impression management into the actual working environment in an analysis of relationships between an individual whether as a subordinate or a manager.When in the position of relative power such as management, active impression management is supreme, an individual is under the constant debilitating gaze of oftentimes opportunistic employees or subordinates on the prowl for error. Hence individuals in management should lea ve no room for error in their impression management â€Å"A person’s relative position in society can also influence impression management† (Newman, 2009, p. 172). A person’s posit ion in society and the prestige of impression management are congruent. Managers should exercise extreme decorum, bepunctual, have astute command of a professional ethic of honesty and transparency and above all a professional outlook on their physical presentation. Illustration of how people attempt to control how others perceive them is portrayed through the clothing they wear.A person who is in a leadership position strives to be respected and in order to control and maintain the impression; the person wears a nice suit, carries a briefcase, and acts in a professional manner. The professional clothing and the dignified manner in which the person carries him or herself, plays a large role in the impression management process. The goal behind such a constrictive and extremely rule bo und outlook of impression management is so as to create an impression to the subordinates, however not one of fear but of a respectable individual employees are willing to be loyal and ultimately submissive to without any urge of dissent hence having a positive influence on a firm’s productivity and profits due to Herzberg’s motivational factors being fulfilled by management.Another relationship worth analysis is that of impression management between work colleagues, an individual should establish a solid impression amongst colleagues and management, Newman (2009) expands on this notion, â€Å"Impression management is a tool most of us use to present ourselves as likable people† (p. 183). with the impetus being that of creating a virtuous working environment free of tension which makes work more enjoyable for an individual. Ultimately the central lynchpin being that of managing an approachable, responsible, amicable, ‘gossip- free’ impression of one self. This is advantageous in climbing the corporate ladder for situations whereby an individual is considered for a job promotion from being a lower grade employee to a higher grade, on basis of a character evaluation and impressions regarding that particular individual.If a general view is that of a rude, irresponsible, tension enabling individual, then this view would be to the detriment of an individual as such a negative inclination is almost impossible to remove. Most vital towards maintaining the survival of a business is a solid relationship established between the client and the business through its management and entire workforce, this also affects the resultant impression cast upon potential clients who may be considering working with a particular business, Ferrante (2008) expands on this concept in her book, Sociology: a Global Perspective, â€Å"Even if people are aware that they are manipulating reality, impression management can be a constructive feature of social in teraction† (p. 131). People across the globe implement this concept in order to obtain a favourable social outcome.Standardising this opinion in relation to a professional setting, a business needs to portray an impression heavy consolidated with a strong sense of reliability, transparency and good customer relations. A prime example would be that of Econet Wireless Company, already with a well-established impression as the leading, most reliable telecommunications service provider, it is vital to be consistent with such an impression. This is most evident in their customer relations which are friendly and extremely efficient; a dedication to fulfilling a corporate social responsibility through their Econet Scholarship Programme is reflective of an approachable and selfless impression which they constantly subscribe to.Hence an analysis of Econet’s impression management leaves us to conclude that although not completely a perfect impression due to unavoidable disruption s in network, Econet has a dominantly impeccable impression which invokes consumer loyalty and an exponential growth in terms on both customers and sales revenue and hence makes it easier to compare against other firms regarded as having a somewhat weaker, deficient impression such as Net One. There are a variety of social implications within impression management, but not all of the social implications are positive. Some of the repercussions are negative and can even be damaging to the person responsible for the implementation of impression management tactics. According to Newman (2009), â€Å"Impression management can lead to the creation of damaged identities, which must be repaired in order to sustain social interactions† (p. 183). Damaged identities and suffering social interactions can take a toll on a person, which enviably forces that person to retreat to impression management once again.Forexample, if a Muslim woman, who is dictated by religion to wear the traditiona l full body gear exposing only the eyes(termed the ‘Burka’) is placed in a banking professional environment such as that of Standard Chartered Bank,due to severe stereotyping it would serve uncomfortable for not only the individual, but the colleagues as well the customers and potential customers to conduct banking or business related transactions without invoking a degree of suspicion towards such a woman or a feeling of pity towards an inferred and assumed segregation of Muslim women. It may seem increasingly ironic that the tactic that aided in the damaging and exiling of a person can be the very approach that puts that person back in the social standings. Impression management is a concept to be taken very seriously. It has the power and influence to create a favourable public opinion of a particular person, it can break a person in regards to social standings, and it can repair a damaged persona.Additionally, impression management has the ability to dictate a perso n’s position in society, as commonly prescribed that a good impression management becomes tantamount to solid business relationships which serve to the advantage of an individual or a firm alike. Conclusion Impression management is a self-presentation technique that focuses on improving a person’s image in the eyes of others. Ever since Erving Goffman implemented the term impression management in 1959, sociologists and theorists have been studying additional aspects of the concept. Impression management presents constructive and favourable images to the public, encouraging a positive outcome. Impression management is a common underlying process that involves social and cultural implications.In regard to the social implications, impression management allows people to carefully craft and construct their public perception. In some cases, in order to obtain a favourable public or social appearance, a person must alter and falsify their persona. The social implications of i mpression management are not always negative, but there is a fine line between the positive and negative aspects. Impression management in relation to culture has a far more positive outcome. The cultural implications of impression management define the significance of cultural traditions, norms, and ways of life. The clothing people choose to wear, the words they choose to utilise are all apart of the impression management process.It would be highly advantageous to implement means by which to improve on or further establish impression management through following the appropriate rules of etiquette in relation to the professional environment such as desisting from the use of cell phones during board meetings as it is disrespectful and conceited and above all a consistentupgrade and maintenance of one’s impression or otherwise social facade. References Andersen, M. L. , & Taylor, H. L. (2006). Sociology: The essentials. Belmont, CA: Wadsworth Publishing Brym, R. S. , & Lie, J. (2006). Sociology: Your compass for a new world. Belmont, CA: Wadsworth Publishing. Ferrante, J. (2008). Sociology: A global perspective. Belmont, CA: Thomas Higher Education. Giddens, A. (2005). Sociology. Cambridge, UR, UK: Polity Press. Newman, D. M. (2009). Sociology: Exploring the architecture of everyday life. Thousand Oaks, CA: Pine Forge Press. Sinha, J. B. (2009). Culture and organization national behaviour. Thousand Oaks, CA: Sage Publications.

Steps to Create Graphics

This would allow students to envision their own color schemes and not initially be influenced by the colors the model project incorporated. In order to understand the layout of the stage where their set design is intended for, displayed an image of a stage I created using Google draw. I also downloaded artwork from a disk sent to me from the company where we licensed the musical. This was saved and used as the original source of set design inspiration. Finally included in the collection was one Of the first steps of the unit; a pencil drawing of the set design which was also created by a student.I scanned the document to my Macomb and saved it as a JEEP Audience The audience for this instructional unit consists Of 6th graders in my Theatre Arts class at Dutchmen Creek Middle School. The male population of the school is slightly larger at fifty-one percent, than that of the female population, which is approximately forty-nine percent. Fifty-eight percent of the learners are Caucasian. African American students comprise thirty-four percent, six percent is comprised of the Hispanic population, and two percent is of the Asian ethnicity.The students are enrolled in Theatre Arts for a nine week period before transitioning to another related arts course. The school overall has above level standardized test scores, been granted the Palmetto Gold Award for three consecutive years for growth in PASS testing and has been recognized for the prestigious National Schools to Watch award for the 2013-2014 school year. Gifted and talented classes are offered to students, including Geometry and English l, and more opportunities for direct instruction are offered via enrichment classes for remediation and additional academic assistance.Furthermore, the students at Dutchmen Creek Middle School are provided with teachers who train in and implement collaborative instruction and project based learning activities that help to reach each type f learner and bridge learning making it rel evant to the real world. Teams of instructional leaders work diligently to develop strategies to meet challenges the public education system faces today. Recently, the school received an â€Å"excellent† overall rating on their 2014 state report card.Schools are given an absolute – or overall – rating, which is calculated using test scores and a growth rating which grades improvements made from the previous year to the current year. Additionally, the fine arts department performing groups consistently 3 receive superior ratings in Chorus, Band, Orchestra, Theatre and Visual Arts at tideway events. Process The process for this graphics collection, basically entailed 5 steps and are listed below: Step 1: Take a picture of the intended subject, download it and save it as a JEEP.Email it or save it in Google drive where it can be accessed any time, anywhere. Step 2. In order to focus on the project, save the picture to a picture editing tool such as photo, click on the pencil which is the editing tool , click the â€Å"crop† button on the right hand side, move the automated square over the desired portion of the picture, and click on the â€Å"done† button. Save the picture by clicking on the â€Å"save as† from the file menu and label the picture using the word cropped so the original picture will stay intact.Step 4: Transpose the edited picture to black and white, which will allow students to select their color schemes without being influenced by the model. Using photo, click on the on the â€Å"effects† button, select the â€Å"black and white† icon, and add the level 2 â€Å"vignette† option Step 5: Download An image of the original desired set design picture from the disc provided by the Wizard of Oz leasing company Tans-Whitman and save s a JEEP file. This served as the original 1st step in the set design unit.Step 6: Creating an original image was accomplished through Google Draw, which is a fea ture of Google Drive, is very simple to use and utilizes the following steps: a) go to the website HTTPS://drive. Google. Com 4 b) Create a background. I chose to simulate stage lighting using different clip art and lighting streams. These are readily available on Google draw and can be inserted with a simple click of the mouse. C) Insert text using the â€Å"word art† feature simply by clicking on the insert Dutton, choose â€Å"word art†, type the appropriate words into the box provided and place it on top of the background.

Human Resources Labor Relations, Employee Relations, and Global HR Essay

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Project 2 Research Paper Example | Topics and Well Written Essays - 1000 words

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China and Globalization - Essay Example Similar to other developing nations, China has been affected vastly by the advent of globalization which is often argued to be comparatively more rigorous than in the context of other countries. Globalization has helped China in achieving various economic opportunities such as resource accumulation, capital inflow and labor outflow to contribute to its socio-economic growth prospects (Hangzhou and Hong Kong. â€Å"Could A Chinese Internet Business Become the World’s Most Valuable Company†). The country had also witnessed various challenges in terms of sovereignty and ideological diversity when developing with the advent of rapid globalization. Critics often argue in this regard that China has learnt to turn its economic lacunas into advantages with the help of the globalization. According to the survey report of the World Bank on global development, China’s accelerated growth has ‘helped to drive the recovery in the East Asia’ by a large extent (Keit h, â€Å"Buying up the World, The Coming Wave of Chinese Take Over†). Focusing on the recent economic developments in China, it can be affirmed that globalization effects have imposed its vital impressions over China’s economy. The Gross Domestic Product (GDP) of China is increasing continuously on a year-on-year basis. China entails the 32nd largest power with respect to its trade prospects (Shenzen. â€Å"The Company That Spooked the World†). For instance, China’s economy, as compared to the Japanese context and other similar nations is much more open and advanced facilitating global traders to operate with the nation and thus facilitate national income substantially. As the records depict, the national income of China, earned from international trade accounts around 70% of its total GDP. In this context, it has been further revealed that the globalization of China does not confine to the opening of economy rather it confines to the globalization of the institutions trading within China. In accordance with the advent of globaliza tion, China has adopted the foreign technologies as well as the techniques of the corporate management related to the foreign terms. China has also adapted the various foreign institutions as well as the international accounting standards aptly in accordance with its economic limitations and growth needs. The important and the advanced change that globalization brought within China relates to the western concept of the rules related to the law which in turn, with the blend of Chinese traditional ideologies have widened the nation’s development prospects largely (Shenzen. â€Å"The Company That Spooked the World†). As reported in The Economist, China has adopted three basic steps to merge smoothly with the globalization imposing inevitable impacts over the world economy and the market scenario. The frank pro-globalization stand, the reformist approach and the attitude of fight back globalization have further accumulated with the rise of China as a world power in global politics. The need for this attitude by the Chinese economy was basically to sustain within the competitive scenario where globalization effects were observed to be posing a fast and advanced impact over the country’s economy. It is in this context that globalization has provided long-term benefits to China with respect to various aspects. In the aftermath, with the enhanced resource availability as facilitated with the globalization effects, the domestic industry in China became more efficient and effective which ultimately helped the nation to ensure competitiveness towards the foreign industries by accepting the legal as well as the regulatory framework with regard to the modern management in an open and

Forests and Forestry Essay Example | Topics and Well Written Essays - 2000 words

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Why people commit crimes Research Paper Example | Topics and Well Written Essays - 750 words

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David Reimer Case Essay Example | Topics and Well Written Essays - 1750 words

David Reimer Case - Essay Example You may be born as a male or female. Another important factor that should be noticed is that sexuality does not determine the gender of a person it is actually the gender that determines what kind of sexuality a person will have. May be a stage came when you lost your personhood and became inhuman. This is the stage when you fall into the category of people who are living unlivable life. Have you ever thought why sometime we compare a person with an animal You might have heard a word "inhuman" or have heard someone saying around you or in news that he/she has done an inhuman act and had disgraced humanity and then people commenting that the certain person is not human we can't call him human after what he did. Didn't you ThinkWe do so when a person did any cruel, brutal or nasty act. A human being is said to be human because he has feelings, emotions, power to make decisions, to think and when he make a decision that is inhuman somehow, while having all his senses in order is said to be inhuman. Once you create such image in society people will start avoiding you and one day you will realize that you don't have any social life. Man is said to be a social animal and when you lost your sociality what else will remain .an animal. So we can also say that it is one of the symptoms that will make you think where are you standing What is your social status How are you being recognized Whether you are known as person or a human According to author," A life for which no categories of recognition exist is not a livable life, so a life for which those categories constitute unlivable constraints is not an acceptable option". What comes next important to humanness, whether it is sexual difference or racial and ethnic differences In this regard Butler says that "those who believe that sexual difference are no more primary then racial and ethnic differences are right". In order to prove her statement she says that rapists or one night sperm donors can't be called "fathers" in social sense. Such person is called accused not a father. Keeping all the things mentioned above just think for a while about a person who doesn't know his identification, whether he is a male or a female This is what exactly happened with the hero of Butler's book named, David. We have mentioned above that a person is born to be a man or women and then comes being human or inhuman but what about a person who even don't know about his gender. One, who is born as a boy, brought up as a girl and again started living as a boy, a person who has lived both genders, what would be his feelings, was his life livable Being human or inhuman is far away in such cases, a person kept on fighting to make his recognition, to make his status in society. A person who is being criticized for nothing, he has done nothing inhuman so why people are commenting on his gender Why he seems unfit to them It is because of inhuman acts done by

A Visit to the Lantern Festival Essay Example | Topics and Well Written Essays - 750 words

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Global Marketing Essay Example | Topics and Well Written Essays - 2500 words

Global Marketing - Essay Example This research aims to evaluate and present globalization that has opened a plethora of opportunities for organizations and communities to trade across national and supranational boundaries. International marketing is the term coined for trade between the different international entities and is set to evolve into global marketing. Global marketing is an evolving concept with some similarities to international marketing in the advantages it provides in terms of marketing strategies, cost reductions, etc. However, it is also considered to be quite unlike international marketing in terms of the need for a holistic approach towards marketing. While international marketing focuses on standardization of marketing practices across the various national and supranational boundaries, global marketing is an evolution of the concept of international marketing that is holistic in its approach to trade and its marketing practices and tends to leverage both standardization and adaptation as the mark eting strategies based on the products and market segment. While international marketing concerns the contextual marketing of products and services, global marketing is the standardization of international marketing. With standardization, there are benefits like cost savings, uniform brand image and improved co-ordination, and with adaptation, organizations benefit from differences in user conditions, regulatory factors, consumer behaviours and customized marketing concepts. (website 1). Global marketing concept implements more or less the same marketing theories that apply to international marketing or even traditional marketing with the difference those organizations have to almost uniformly cater to different markets and customers. Three domains of knowledge: cross-cultural, country-regional and cross-border transactional knowledge is required for organizations to operate globally within a management orientation framework called EPRG (Ethnocentric, Polycentric, Regiocentric and G eocentric) framework as shown in Figure 1 below (Keegan, 2011). Figure 1: EPRG framework for global marketing. Source: (Keegan, 2011). Several determinants or driving forces of global marketing that differentiate it from international marketing are: technology, regional economic agreements, market demand, transportation and communication infrastructure, quality, product development cost, world economic trends, organizational abilities and transnational environments. However, there other factors that restrict global marketing: inability of organizations to create a culture conducive for global marketing and cross-border barriers (Keegan, 2011). Global marketing is a mix of adaptation and customization of international mar

Examination Results in Mathematics and English Essay Example for Free

Examination Results in Mathematics and English Essay INTRODUCTION Every student is required to take exam to determine if he really understands the particular subject and to measure his capability to remember certain things. Teachers use these examinations to find out the number of students who paid attention during class discussions. These are also essential to cope with the requirements of the school, so the students will think of any way or strategy to pass it. They will try to use some techniques that will help them to restore their knowledge; remember certain information and important details that might be asked in the examination. The factors that could affect a student’s performance in the said examination are still unknown. The factors may vary according to the student’s likes or the subject. The researcher wanted to pursue this topic because she wanted to find out the factors that affect the Examination Results in Mathematics and English of selected High School students from Mt. Moriah Christian Academy. BACKGROUND OF THE STUDY Passing the examination is not a requirement, it is a choice made through a decision. It is a student’s fault if he failed the exam. No one else is responsible for that except him, because the time he should have spent for preparing was wasted by doing nothing. CONCEPTUAL FRAMEWORK Figure 1 illustrates the independent variables: Time spent for reviewing, Test Anxiety, and Difficulty of the subject to be tested, and Study habits of the students; and the dependent variable: Examination results in Mathematics and English. The concept of the study is presented in the paradigm below: Independent Variables Dependent Variables * Time spent for reviewing * Test Anxiety * Difficulty of the subject to be tested * Study habits Examination results in Mathematics and English Figure 1.1 Research Paradigm of the Study STATEMENT OF THE PROBLEM Factors that Affect the Examination Results in Mathematics and English of selected High School Students from Mt. Moriah Christian Academy. What are the factors that affect the Examination Results in Mathematics and English of selected High School students from Mt. Moriah Christian Academy? HYPOTHESIS 1. There is no significant relationship between the time spent for reviewing and the examination results in Mathematics and English of the selected High School students of Mt. Moriah Christian Academy. 2. There is no significant relationship between the test anxiety and the examination results in Mathematics and English of the selected High School students of Mt. Moriah Christian Academy. 3. There is no significant relationship between the difficulty of the subject to be tested and the examination results in Mathematics and English of the selected High School students of Mt. Moriah Christian Academy. 4. There is no significant relationship between the study habits and the examination results in Mathematics and English of the selected High School students of Mt. Moriah Christian Academy. SIGNIFICANCE OF THE STUDY Many people could benefit from this research. They are the students, teachers and even the school. The students will benefit from this research because they will know the importance of reviewing, and learn some useful tips that might help them pass the exam. The teachers will also benefit because they will know some things that they could apply in their teachings, and some advices that might help in preparing their students. And the school will have well-prepared and smart pupils for the real world, and great teachers that could mold a student into something better. SCOPE AND LIMITATIONS OF THE STUDY The research was conceived on the High School Department of Mt. Moriah Christian Academy. It focuses on the factors that affect the Examination Results in Mathematics and English of selected High School students from Mt. Moriah Christian Academy. DEFINITION OF TERMS Cram To force, press, or squeeze into an insufficient space; stuff. English A course or individual class in the study of English language, literature, or composition. Examination A process prescribed or assigned for testing qualification; as, the examination of a student, or of a candidate for admission to the bar or the ministry. High School A secondary school that usually includes 1st year to 4th year. Mathematics The study of the measurement, properties, and relationships of quantities and sets, using numbers and symbols. Review To go over and examine critically or deliberately. Study Habits Buying out a dedicated scheduled and un-interrupted time to apply ones self to the task of learning. Without it, one does not grow and becomes self-limiting in life. Test anxiety Is the uneasiness, apprehension, or nervousness felt by students who had a fear of failing an exam.

The Ancient Greek Education Theology Religion Essay

The Ancient Greek Education Theology Religion Essay The Ancient Greek Education and the Effect on the Western World. The education system today has been built on ideas and influences of the past. By building and expanding ideas, education has grown into an ever-evolving system. However, there are still strong influences from past cultures affecting the education system in the Western World. Today, the Ancient Greeks continue to influence the Western World with their legacy, especially in education; with the Athenian and Spartan systems being looked back to for guidance on todays system and the teachers of Ancient Greece being used in teaching methods and evaluation. The Athenian school system is looked back on and influences todays public school system. They were also the first to introduce a system of higher education, which is equivalent to todays post-secondary institutions. Spartans had a much regimented school schedule and were primarily taught fighting and survival, paralleling todays military school systems. Another comparison that can be drawn in the young age that the Spartans began training and were taught that the state is the prime concern; similar to Hitlers youth groups in World War Two. The teachers in Ancient Greece are looked back to for their teaching methods and evaluations of teaching itself. Socrates, Aristotle, and the Sophists are the major influences of the Western World with their teaching methods and evaluations. The Western Worlds education system has evolved and changed but still has the strong influences of the Athenian schooling system. Todays education system has been affected by the legacy left behind by the Ancient Greeks. Especially with the Athenian education which provides examples of higher education and public school systems. There have been many ideas as to who first created higher education, such as Socrates, but it was the Pythagoreans, it seems, who established a real school of higher education- the distant ancestor of our modern universities(Flaceliere, 112). The higher education was influenced by the time period as it was the sons of wealthier parents usually continued their childrens education to the age of 18 with specialist teachers in medicine, law, rhetoric or the increasingly popular courses given by the sophists(Adkins, 254). Athenians had speciality teachers who focused on main areas of study for students who desired and could afford the higher education that was offered. Similarly, we have higher education where students specialize in certain fields. Today these fields are taught at university or college and the Athenians were taught by philosophers or one of the travelling Sophists. Even these fields today are similar to the ones that were taught by the Athenians; one in particular being medicine. Another popular area of study for the Athenians and scholars today is law. Even though the Athenian education system has not been actively used for thousands of years, examples and influences are still drawn from it. The establishment of higher education in Ancient Greece provides evidence as to how the Athenian education system provides a strong influence over the Western Worlds education. However, higher education was not the only influential aspect of the Athenian school system. The modern Western World is privy to private school institutions where the parents provide the funds for their childs education; paralleling the Athenians methods of education as well as the mandatory school attendance. Today, students are required by the Ontario government to attend school until the age of sixteen, similar to the Athenians as while there was absence of a written stature, compulsory education was most certainly enforced by custom and tradition-which are just as binding as an instrument (Flaceliere, 92). Attending school is compulsory for students in todays school system, equivalent to the mandatory schooling in Ancient Athens. Another part of Athenian education that corresponds with todays schooling is the funding for education by parents and benefactors with an extension of elementary education, with generous foundations set up in some cities to fund teachers (Hornblower, Spawforth, 245). Today, private school systems are funded by parents and there are also generous supporters of the students, offering scholarships or bursaries, allowing students to attend school as did wealthy civilians in Athens. The Athenian education system has grown and evolved to include higher education and benefactors to help with the funding for schooling. Today, the education system has been influenced by the Athenians in terms of university. The Western Worlds education may be changing; however, it still draws influence from the Athenians and other Ancient Greek city states. The Spartan education system has also had a lasting legacy on the Western World as they have been influential for military schools of today and the Hitler Youth Groups that began during the World War Two period. Education in Sparta had the study of letters was restricted to the bare minimum; for the rest, their education consisted exclusively in learning unquestioning obedience, superhuman endurance, and how to win at wrestlingà ¢Ã¢â€š ¬Ã‚ ¦ their heads were close-shaved (Plutarch, 1). The Spartans focused more intensely on military training and leaning that the state itself came before anything else. They were not concerned with reading and writing as the Athenians were, satisfied to focus intensely on military training, which is reflected in the impacts left on todays education in the Western World. Today, examples can be seen in different military institutions such as; the service academies-the Coast Guard Academy, Air Force Academy, West Point and Annapolis- are shown to have been long involved with the task of finding the synthesis point between the Athenian and Spartan philosophies(Lovell, 1). The Spartan education system differs greatly from the Athenian education system, focusing more on fighting and survival as the state was immersed in military culture. This could be relatively compared to todays military schools and systems as they focus on survival and repetition of drills. Spartans were focused on survival and becoming the fiercest warriors in order to protect and provide pride for their state. Also, the students who come out of military school are taught that they are fighting for the state; similarly, the Spartans were taught that the state comes first. Many military schools today draw on the Spartan discipline by keeping strict rules and regulations that candidates must follow. Also, these schools emphasize that the students will be representing their country and must make the country proud. Sparta was a state dominated city, meaning that the state was put above anything else and this belief pervaded into all aspects of Spartan life, including their education system, which influences modern day Western World education. At the age of seven a young Spartan male was enrolled (rather as young Fascists or Nazis were a few years ago) in a sequence of pre-military organizations which covered his entire childhood and adolescence (Flaceliere, 85). There are direct parallels between the young Spartans and the Hitler Youth Groups and military schools of today. Both are taught obedience, survival and that it is the state you must defend and put first, not anything or anyone else. The young Spartans and Germans had to learn to sacrifice their personal lives and well-beings in order to protect the state/country. Both had the common denominator of starting their candidates young with the goal being to have a military with a strong alliance to the state or country. The main goal of the Spartan education system was to create a well-drilled military machine composed of soldiers who were obedient to the word of command, capable of enduring hardships and victories in battle (Lin, 1). When the Spartan system pulled the young boys out of their homes, they became immersed in the state. The young boys were taught that the state is the most important aspect of their lives and that they were to represent the state. This can be compared to the Hitler Youth Groups of World War Two and military academies as they are taught that the state is their lives and they must represent accordingly. The Spartan education system used in Ancient Greece can be paralleled to todays military academy with the use of regimented drills and tutelage of survival skills. Also, the fact that the male Spartan youth were taken at a young age and immersed in propaganda of the state is similar to Hitler Youth Groups. Even thousands of years after events, the education system of Ancie nt Greece continues to influence the education system of today. The Western World not only draws influence from the different city states of Ancient Greece but the philosophers and sophists with their teaching styles and parallels to todays university professors. A large influence on todays teaching style is Socrates who taught with conversation, debate, back-and-forth between teacher and student, a focus on student talk rather than teacher talk (Schneider, 1), and Socratic classrooms can be relaxed or tense, loud or quiet, large or small (Schneider, 3). Socrates was a philosopher who taught young Greeks and his method of teaching is still taught today from kindergarten to post-secondary education. His philosophy when it came to teaching was to have the teacher ask questions to the students and have them answer instead of the student asking the teacher questions. Teaching in this way caused a new type of education to be developed, one where the students must find their own answers instead of relying on the teacher to provide all the answers for t hem. With his method the teacher or leader of the dialogue, asks probing questions in an effort to expose the values and beliefs which frame and support the thoughts and statements of the participants in the inquiry (Stanford University, 1). Socrates forced the students to learn and understand by asking these questions and making them think of their own answers instead of being given answers. His method of teaching forced the students to become self-sufficient and be able to think critically and deeply. University professors and middle school teachers alike use Socrates method to expand the students learning as Socrates did in Ancient Greece. He was not the only philosopher to influence the teaching system in todays Western World. Aristotle was another Ancient Greek philosopher who influenced the Western Worlds education system, by presenting a system in which teachers can be evaluated on their methods and effectiveness of teaching. His theory of Phronesis (practical wisdom) has enjoyed a revival in recent years. In modern philosophy, it supplies a possible basis for postmodern criticism of technological society and its limitations (Back, 1). This discusses Aristotles theory of practicality and how it can be applied to society and discussed in philosophy classes/ discussions. Aristotle believed that students needed to be taught practically, the only way for students to learn and more importantly understand; was to have them be taught in a useful, sensible way. He not only provided this popular teaching method but also evaluation methods for teachers that is used today. He also discourses that teachers need to be evaluated and under conditions of uncertainty and complex or convoluted situations, the professional must follow a process of deliberation in which he or she examines the appropriate means of achieving the goals in the specific parameters of the particular situation (Back, 2). Teachers must act accordingly to the problems presented when teaching and when putting a potential educator in an uncertain situation, it is all about seeing how the professional reacts. Aristotle, the Greek philosopher, taught and is now influencing teaching today. His methods of teaching are not necessarily used to teach, but rather to evaluate teachers and focus on the teachers ability instead. Despite the growing education system today, it can still be partial to the teachings of Ancient Greece. He is not the only influential person in Ancient Greek society, a large group of people, known as the sophists, also were significant in shaping the Western Worlds educati on. The sophists were a group of people who travelled around Ancient Greece and were paid to teach subjects that were not taught in the regular schooling in Greece. They are equivalent to todays university and college professors as they also focus on specialized topics and are paid a salary. Sophists were important not only to the development of todays education but also Ancient Greeces as they met a need for higher education and some amassed large fortunes. The word sophist does not refer to a school of thought but a professional teacher (Adkins, 254). The sophists are an ancient representation of modern day university professors. They taught specialized courses that required elementary schooling and extended knowledge to those who desired it. Also similar to todays university professors, the sophists also charged a fee for their services though today it seen as a cultural normality; in Ancient Greece, citizens, philosophers especially looked down at the sophists and the money they dema nded. The sophists introduced many innovative ideas to the Ancient Greece, not the least a salary for educating youths. These sophists introduced to the Ancient Greeks a new extended type of schooling that went beyond the regular schooling and had students (or their parents) paying for education. Philosophers of Ancient Greece did not approve of the sophists as they did not believe in the payment of teachings. However they did provide more under the general heading of philosophy they taught all the subjects then available that had not been covered by the elementary school curriculum: geometry, physics, astronomy, medicineà ¢Ã¢â€š ¬Ã‚ ¦ (Adkins, 254). Even though they were not well liked in Ancient Greece they introduced a new way of teaching that influenced todays education system. University and college professors are the sophists of today; teaching specialized subjects and charging a fee. The Ancient Greeks provide guidance for the teachers of todays education system. They offer different styles of teaching methods and also how to evaluate teachers that are used commonly today. Influenced by the An cient Greeks, the Western Worlds education continues to change and grow. The Western World is influenced by the Ancient Greeks lasting legacy through the Athenian and Spartan education systems, and also by the teachers of Ancient Greece; influencing the teachers of today with the teaching styles and evaluation. The Athenian education system created higher education which parallels todays post-secondary education system and also provides a comparison between the compulsory education and private schooling. Todays military schools show influence from the Spartan education system. As well as the propaganda in Sparta that can be compared to the Hitler Youth Groups in Nazi Germany during World War Two. Ancient Greek philosophers provide methods of teaching styles and evaluation for teachers today, showing the influence and lasting legacy of the Ancient Greeks on the Western World.

Organisational Structure And Product Analysis Of Theme Park

Organisational Structure And Product Analysis Of Theme Park The philosophy of marketing needs to be owned by everyone from within the organization. Marketing focuses on the satisfaction of customer needs, Marketing is not only much broader than selling, it is not a specialized activity at all It encompasses the entire business wants and requirements. Future needs have to be identified and anticipated. The marketing concept is a philosophy. It makes the customer, and the satisfaction of his or her needs, the focal point of all business activities. It is driven by senior managers, passionate about delighting their customers.Marketing is not only much broader than selling, it is not a specialized activity at all It encompasses the entire business. It is the whole business seen from the point of view of the final result, that is, from the customers point of view. Concern and responsibility for marketing must therefore permeate all areas of the enterprise.This customer focused philosophy is known as the marketing concept. The marketing concept is a philosophy, not a system of marketing or an organizational structure. It is founded on the belief that profitable sales and satisfactory returns on investment can only be achieved by identifying, anticipating and satisfying customer needs and desires. INTRODUCTION OF Q1; Lost World of TambunTheme Parks in Malaysia The latest attraction from Sunway City Ipoh in Tambun, the Lost World is a new water theme park in Perak set to provide you a fun-filled adventure for friends and family! Nestled among lush greenery and limestone hills, the Lost World has a host of exciting activities to keep you coming back for more. Question 1: Your role: You are required to select a theme park of your choice. You are required to determine their organizational structure, products, markets, and competitors. Introduction As part of your research, you will need to define the structure of the franchise and the product that is being offered to the consumer. Content You are required to analyze: Their market strength Their zone of natural expansion Brand positioning and marketability of their brand Suggest steps to improve their sales and profits Suggest how they can take their business to a global scale Summary Conclude your research by summarizing all the above and provide a final solution on how the theme park may thrive in a completion market place. All cost for the event and portfolio must be self funding. Olympia College will not be responsible for any cost or any unforeseen circumstances occurred during this event. Answer Q1 As part of our assignment, I have chose the Lost World of Tambun theme park as my choice for doing my assignment. From my own research, there is five main elements which make up this world of adventures which is as stated in the structure belowà ¢Ã¢â€š ¬Ã‚ ¦ Jungle Wave Bay CLIFF RACER Tiger Valley Water park Hot Springs Spa FIVE ELEMENTS Water Park An exquisitely beautiful Waterfall Beach Garden exhilarating water rides in the theme park for everyone at the water park and where the water beach garden were the biggest wave pool in Malaysia where the waves could swell up to 3 feet high. At there, you could find a absolutely perfect landscaped beach which surrounded by 20 feet twin waterfalls with two rivers flowing into the pool. There is also a musical body wash as a refreshment before to the caption of Sandy Bay. Explorabay, a kids only zone which is specially designed for kids while Cliff Racer are intend for a adult and youth. And of course, the longest inflatable tube ride in Malaysia, Tube Raiders which is the family favourite giant slides while Adventure River is more on relaxing water ride. Cliff Racer Sail through the jungle canopy in an old mine cart after a drop from dizzying heights; just like in the old Wild Wild West movies! The park is perfect for those family escapades. Be sure to bring spare clothes for a change after a whole days fun on the numerous water slides and water games. The park also plays host to a few tigers and albino tiger cubs and visitors can witness the tiger feeding times between 11.30am to 5pm every day. The park is open everyday except Tuesdays (school/public holidays excluded) from 11am 6pm. One can have a cocktail at the Rum Jungle Bar between 6pm 9pm every night. Entrance tickets start at about RM25 per adult and RM 19 per child (children under 90cm gets free entrance). The park also offers special food, entrance and rides packages. Lost World Hot Springs Spa As the latest supplement for the visitors to enjoy the inimitable feel of the hot spring, the water in the hot spring come from a natural source, and this is a sanctuary for the visitors to relax and enjoy and to experience hygienic and rejuvenating hot water. Besides, there are many other elements which are catered for the visitors presenting the ultimate relaxation experience Tiger Valley There are feeding tigers show and their handles at play in the tiger valley. You can learn abit about how the tigers are cared through the valleys educational program where you will be able to get close and personal with one of these exquisite tigers. Lost World Petting Zoo Visitors can take a walk on the wild side and The Petting Zoo allows the public to touch, feel, feed and play with the animals; giving those looking for a more personal encounter, a closer perspective. Body Market Strength So many words packed into one, the Lost World of Tambun, where providing an action packed with exciting adventures with the most sensational rides and glamour in Ipoh, Malaysia. A 60 million Ringgit theme park which located in this historical town of Ipoh, in the middle of the North South corridor in Perak; and is set in the inborn landscapes of Ipoh, surrounded by exquisitely breath taking limestone features. The Lost World of Tambun has its own market strength just like the other theme park as well. As my research all over these theme parks, The Lost World of Tambun is the best theme parks if compared to all the competitors around within the northern region in Ipoh example like Bukit Merah. They has providing a variety services which provides leisure, relaxation, enjoyment as well as entertainment. Moreover, the price are quite reasonable for the services they are providing. As another market strength, Lost world of Tambun is the only theme park with natural hot spring and the water come from natural source and the thermal water in the pool are not recycled. Furthermore, they got a formation of the stand alone rock formation 10 storey building within the theme park. Based on the 4Ps, place, people, promotion and products, Lost World of Tambun had provides all these 4Ps if compared to other competitors as their market strength. Place 800 parking spaces provided Good transportation Natural pleasant landscape People Good services Caring from staffs Friendliness from staffs Promotion Invite international performance during parties; beach party Promote online through hot websites; facebook, etcà ¢Ã¢â€š ¬Ã‚ ¦ Promote through travel and tour agencies for packages Product Water Park Amusement Park Lost World Hot Springs Spa Tiger Valley Lost World Petting Zoo Zone of Expansion For your information, Lost World are exposed to the nature. Therefore, it has ample of natural resources around and within the park. As for the future expansion, they should take this advantage to make more for its zone of natural expansion usage from the natural sources. Currently, they are building a hotel of themselves which are rated as 4 5 star grades; visitors like foreign visitors do not need to look for other accommodations and can just stay inside the Lost World of Tambuns Hotel which are surrounded by natural source. Besides, they are also upgrading the hot spring spa section. As their future expansion, it could build up a monorail system for the overall accessibility within the theme park itself; visitors are able to travel from the theme park back to the hotel after explorer. Moreover, wide natural resources in their theme park which enable them to have their own cave which creates jungle tracking and cave exploring experience for customers. They should expand more on dry rides in did of only focus in wet rides as there is already a lot of wet rides. This will enable the visitors to have more choices during their explorer and will not feel boring. Brand positioning and marketability of their brand A great theme park which have its own nature and gave us a refreshing feeling when you are living in a hectic lifestyle; a way to expose yourself to the nature. Besides, it is a time for every member in a family to spend their time together and have fun in Lost World of Tambun. This is a way for family bonding to happen. Moreover, we can spend our time with our friends during holiday at there for entertainment and leisure. And of course, it is a good place for a couple to have a great day. What are they famous for? Their natural resources and it located in a historical place in Ipoh with natural thermal water sources. They are also considered as under the umbrella of Sunway Groups which lead them to success because Sunway group had prove themselves in Sunway Lagoon. Steps to improve their sales and profit In order to improve their sales and profit, they should depend on the economy scale which is reduce their cost in order to get more people. Besides, its also depends on how they generate their profit through the existing products. They can also provide more new family packages and teenage packages. Another step to improve their sales and profit is to extend business hour for dry parks and more events should be organize example like beach party. International performances should be invite example like super junior, wonder girls and big bang in order to attract more visitors. And of course, special rates for senior citizen should be apply and toys should be given to kids to show that the management is caring enough even to every single matter. How they can take their business to a global scale Extend their business to global scale, they can deal with the travel and tour regencies for packages and brings the tourism to Lost World of Tambun and let them recognize it and bring back this information back to the country. Moreover, they can have a deal with a country ambassador to promote their theme park in their own country and to attract foreign investment example like an big organization and this will lead them to develop another branch in their country by the help in modal from the organization; targeting hot weather country like india. Besides, it should have a deal with large organization to have a big retreat ( international conference ). And of course, the lost world management should also advertise their theme park through hot websites example like facebook.com, youtube.com, twitter.com and etcà ¢Ã¢â€š ¬Ã‚ ¦ Conclusion In any business success, marketing always plays a key part. You have to make a good relationship with your customers. You need to work out how you will reach and win new customers and make sure that they will be happy and remain satisfied of the services you are providing them. You need to always review and keep on improving everything you do to stay ahead of the competition.Although marketing plays an important role, it will not guarantee sales unless by doing it with a laid out plan. A well-researched and logical plan is important to have a better chance of building a long-term profitable relationships. A marketing plan will serve as a reference or your basis to execute a marketing strategy. By laying out plans, it will set out a clear objectives and explains how you will achieve them. You can define your business well if you have a written document that details the necessary actions to achieve your marketing goals. A marketing plan is considered a part of an over all business plan .

Free College Essays - Tone, Allusions and Diction in Hawthornes The Scarlet Letter :: Scarlet Letter essays

The Scarlet Letter - Use of Tone, Allusions and Diction Puritans are well known for their morality in discipline, religious intolerance, and harsh punishments for those defying their beliefs. These Puritan influences had a great impact on early American literature. Nathaniel Hawthorne provides an illustrated look into the Puritans and their community in his classic The Scarlet Letter. Through Hawthorne's use of tone, allusions with Hester and Dimmesdale, and the diction that is used to describe how the village behaves during the multiple scaffold scenes he provides a disapproval for these rigid moralists' extreme way of life. Hawthorne's use of tone has revealed his feelings regarding the Puritans. He starts out relatively early in the book describing these people as "being of the most intolerant brood" (86) unveiling at once the lack of understanding they had. Finding out about Hester and Pearl, the village at once "scorned them in their hearts, and...reviled them with their tongues" (86) exposing to us the discriminating disposition that the Puritans have for those who were not exactly like them or followed their rules. The tone that is inferred from the harsh words allows us to see the negative attitude that the narrator feels for these Protestants. Along with the tone of "voice" that we can almost hear speak to us with Nathaniel Hawthorne's rich yet somewhat chilling vocabulary is the allusion among the Puritans and their influence. As the Puritans could see that the "same scorching stigma was on them both!" (225), Nathaniel Hawthorne alluded to the same marks on the crucified Christ, disclosing how scornful the convictions by the Puritans were. As he discusses the generations to come of puritanical influence, Hawthorne sees them wearing "the blackest shade of Puritanism" (211). This allusion allows us to see the perniciousness that flourished inside of the Puritans and how it was carried on from one generation to another. The allusions displaying the author's feelings of the religious intolerance of the Puritans are further developed with his choice of diction during the scaffold scenes. The Puritans' feelings were so lacking of compassion that "they were stern enough to look upon her death†¦without a murmur†¦ but had none of the heartlessness of another social state." (53). This implied that when faced with death of a betrayer they would not have a reaction because their commiseration was completely devoted towards social applications.

The Ethernet Essay -- essays research papers

Bob Metcalfe of the Xerox Corporation developed the first experimental Ethernet system in late 1972. The goal of the Ethernet was to interconnect the Xerox Alto Aloha Network. The experimental Ethernet was used to link Altos workstations, servers, and laser printers. Data transmission of the Ethernet was 2.94 Mbps. In 1973, Metcalfe changed the name to "Ethernet," to make it clear that the system could support any computer, and not just Altos, and to point out that his new network mechanisms had evolved well beyond the Aloha system. He chose to base the name on the word "ether" as a way of describing an essential feature of the system. The physical medium (cable) carries bits to all stations, much the same way that the old "luminiferous ether" was once thought to propagate electromagnetic waves through space. The Ethernet is a LAN (Local Area Network) technology that uses a shared bus topology, and Carrier Sense Multiple Access/Collision Detection access. It consists of a single, long cable, named the bus, to which computers, or sometimes referred to as workstations, are attached. Ethernet signals are transmitted serially, one bit at a time, over the bus and are received by every attached station. Data in the Ethernet is transmitted in the form of a frame, or packet. The frame consists of a set of bits organized into several fields. These fields include address fields, a variable size data field that carries from 46 to 1,500 bytes of data, and an error checking field that checks the integrity of the bits in the frame to make sure that the frame has arrived intact. The first two fields in the frame carry 48-bit addresses, called the destination and source addresses. The Destination Address contains the physical address of the station to which the frame is being sent. Any signal sent across the shared network reaches all attached workstations. However, communication doesn’t usually involve all workstations. To allow direct communication between stations the addressing scheme is used. Each workstation is assigned a unique numeric value, called a physical address or media access control address (MAC address). Although sharing allows all workstations to receive a copy of a frame, the hardware of each workstation checks the address of each incoming frame to determine whether it should accept the frame. The Source Address contains... ... its simplest form, only hub devices connect directly to the tree bus, and each hub functions as the "root" of a tree of devices. This bus/star hybrid approach supports future expandability of the network much better than a bus (limited in the number of devices due to the broadcast traffic it generates) or a star (limited by the number of hub ports) alone. In a mesh topology each computer is connected to every other computer by separate cabling. This allows for superior redundancy and reliability, as well as ease of troubleshooting. This type of topology is expensive and difficult to install because of the amount of cabling required. The original Ethernet operated at 10 Mbps, a later version Fast Ethernet operates at 100 Mbps and the newest version Gigabit Ethernet operates at 1 Gbps. The Ethernet is the most popular physical layer LAN technology in use today. It is popular because it strikes a good balance between speed, cost and ease of installation. These benefits combined with wide acceptance in the computer marketplace and the ability to support virtually all-popular network protocols, make the Ethernet an ideal networking technology for most computer users today.

Pearl Harbor :: essays research papers

Pearl Harbor My report is about the attack on Pearl Harbor. In this report I will explain what happened and why it happened. So you know, Pearl Harbor is located on Oahu island, Hawaii. Pearl Harbor was the operating base of the U.S. Pacific Fleet. The Japanese pulled a surprise attack on the U.S. on December 7, 1941 at 7:50 A.M. during the beginning of World War II. On November 26 a powerful Japanese task force, under the command of vice Admiral Chuichi Nagumo, left the Kuril Islands; on December 2 it received a coded message issuing the attack order. The undetected Japanese force arrived off the Hawaiian Islands on the morning of December 7. In two successive waves more than 350 Japanese bombers, torpedo planes, and fighters struck. More than 75 U.S. warships(including battleships, cruisers, destroyers, submarines, and auxiliaries) were based at this "Gibraltar of the Pacific." All U.S. aircraft carriers were elsewhere. Observing radio silence, it reached a launching point at 6 AM, December 7. At 7:50 AM, the first wave of Japanese planes struck Pearl Harbor, bombarding airfields and battleships moored at the concrete quays. The U.S. totally taken off guard had to defend themselves in pajamas. They used anti-aircraft guns in an attempt to stop the Japanese. A second wave followed. The surprise attack was over before 10 AM. The results were devastating; 18 U.S. ships were hit, and more than 200 aircraft destroyed or damaged. The battleship Arizona was a total wreck; the West Virginia and California were sunk; and the Nevada was heavily damaged. Approximately 2,400 Americans were killed, 1,300 wounded, and 1,000 missing. Japanese losses were fewer than 100 casualties, 29 planes, and 5 midget submarines. The Japanese totally destroyed the U.S. naval power in the Pacific. The attack was, however, a colossal political and psychological blunder, for it mobilized U.S. public opinion against the Japanese and served as the catalyst that brought the United States into the war. "December 7, 1941," said President Franklin D. Roosevelt, is "a date which will live in infamy." A monument has been built across the hull of the sunken U.S.S. Arizona; it was dedicated as a national memorial in 1962. The next day President Roosevelt told a joint session of Congress that December 7 was "a date which will live in infamy." Congress voted to declare war on Japan. A small boat rescued seamen from USS West Virginia after the surprise Japanese air attack. There are different reasons why the Japanese were able to pull a surprise attack on the United States biggest military base. One is that when the U.

Via Negativa: A Way of Talking to God

Vla Negatlva Is a way of talking about God In only negative terms. For example, God Is not mortal; or God is not human. Both of these tell what God is not, instead of what he is. This is because our knowledge of God is limited by our finite human understanding, therefore. as God is out of this Universe, we find it extremely hard to talk about him. Saint Augustine said â€Å"If you comprehend, it is not God. If you are able to comprehend, It is because you mistake something else for God. Vla Negatlva allows us to compare God to things within our Universe that we understand, allowing s a sense of recognition with God, however not allowing us to reach a full understanding. This simple recognition Is meaningful enough for many, Including the like of Maimonides and Pseudo-Dionysius. Other philosophers believe that this negative way of speaking about God, is not the only meaningful way to talk of him. These will be discussed further within the essay. Moses Maimonides said that Via Negativ a was the only true way to speak of God.God is transcendent, so it is impossible to say what God is, we don't know. He herefore decided the only way we could speak of him, Is to talk In negatives. He gave the example of ‘God is not a human being. This Is because he Is transcendent, so cannot have a body. ‘ Maimonides believes that by giving positive ideas to God, we are lowering God to our human level of understanding. Words like ‘good' or ‘loving', which are often used to describe God, are simply are interpretations of those words, God is transcendent so in no way is he confined to this basic understanding. sing Via Positiva is Improper and disrespectful. However, Maimonides agrees that one positive tatement can be made about God, and this is that he exists, this is because the whole principle of Vla Negativa is based on the Idea that God exists. Pseudo- Dionysius follows the same belief as Maimonides, also stating that God is beyond assertion and beyond den ial, meaning that whatever you say about God, even if negative, doesnt ultimately tell us what God Is, It simply provides us with spiritual understanding of Him.This way of negatively speaking still allows us to recognise God as ‘good'. Even If we say ‘God Is not good,' this can made that God Is more than ust good, he may be wholly perfect So this account of speaking still allows for God being transcendent. It also accepts the fact that the finite cannot get a true grasp of the infinite. However, there are a few Issues with this view. This theory simple assumes that there is a God to talk about when there is no proof of this; some believe that the fact we cannot describe God, suggests there Is not anything to be descrlblng.If we were to only ever talk about objects in a negative manner, we would never grasp truly what an object was, only what it was not. Finally, many religious people believe that it is important to view God as positive and good, so Via Negativa removes this idea for the religious followers. Other philosophers take the complete opposite view of religious language, saying there is absolutely no meaningful way to talk about God. This view was taken by the Vienna Circle who believed that only analytic propositions and synthetic propositions 1 OF3 are meanlngTul. Analytic Decause tne Knowledge comes tnrougn logical reasoning, eg. he man was dead, so was not alive; synthetic principles because they can b proven o be true or false, so there meaningfulness can easily be shown, eg. The water is 27 degrees. The Vienna Circle followed the Verification Principle; this suggested that only empirically verifiable statements are meaningful, one that can be verified by sense experience. Meaningful language involves discussing things that exist only in reality. Therefore God does not fit into this category since he exists outside of our reality. Simply put, the Vienna Circle believe that there is no meaningful way to discuss talk.However, the princ iple allows historical facts to be meaningful, as they ould be verified at the time. Therefore, could not some of God's existence be verified? For example, ‘Jesus was raised from the dead,' is a historical fact and was verified by many at the time. There is room for God to exist within the principle, so their idea was weak. There are also issues with the fact that the principle itself is not verifiable, so therefore is a bunch of meaningless opinions. Hereby the Vienna Circle and their ideas are often overlooked. Paul Tillich is a philosopher of symbolism.He believes that symbols open up ealms of understanding that we often cannot access. A symbols stands for something other than whatever is represented, he gives the example of the American Flag; not only does it represent America, but it shows the unity and the strength of the nation. These secondary meanings are often things that we would struggle to explain, but a symbols makes it easy for us to recognise them and then disp lay them to others. Another example is a simple love heart; that heart can mean a lot of things too many different people, Justice, peace, love, safety†¦ Symbols allow personal nderstanding.Tillich therefore believes that symbols can be used to talk about God in a meaningful way. He suggests that religion and God are things of Ultimate Concern, things that we should strive to understand. God is a representation of many things like Justice, love and infinity. We struggle to understand these things normally, but religion symbolises these things and allows us to understand. Therefore, religious faith is a way of accepting these symbols, providing a great deal of meaning to God. Tillich then suggests that God can be spoken about in a meaningful way, by sing symbols to explain many of his known features.However, people find issues with this idea, mainly that religion is symbolising other things and isn't really in existence. It appears to lower God's power by simply saying that he i s used as an object of representation, rather than of his own great importance. Many religious people dislike this view, saying that God is the ultimate power and should not be lowered to such standards. There are many other theories on how to speak of God and whether it is meaningful or not; Aquinas' view on analogy, Hare's blik†¦ but I find Tillich's view on eligious language to be the best.

Cases

1. Commonwealth v State of Tasmania http://en. wikipedia. org/wiki/Commonwealth_v_Tasmania 2. Lee v Knapp In Lee v Knapp [1967] 2 QB 442 an Act required that a motorist â€Å"stop† after an accident. The defendant claimed that they did in fact momentarily halt, before proceeding, therefore complying with a commonly accepted literal meaning of â€Å"stop†. The judge found that in this circumstance â€Å"stop† meant halt and wait for police or other officials to investigate the accident. A literal interpretation was against the purpose of the law. 3a Smith v Hughes SMITH v HUGHES (1960) 1 WLR 830 LORD PARKER CJ: These are six appeals by way of case stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by police officers against the defendants, in each case that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to section 1 (1) of the Street Offences Act, 1959. ’ The magistrate in each case found that the defendant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the defendant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the attention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s. 1 (1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. LORD PARKER CJ: These are six appeals by way of Cases Stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by the respondent in each case against the appellant for that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. The magistrate in each case found that the appellant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the appellant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the ttention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s 1(1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. HILBERY J: I agree. 9, Curzon Street, from the papers in front of us, appears to be let to two prostitutes who practise their profession from that address, and the way of practising it is shown by the Cases Stated, as my Lord has said; in one case by tapping on the window pane with some metal object as men passed by in the street in front of her, and then openly inviting them into her room. In the other cases it was done by tapping on the windows of various rooms occupied by these prostit utes and then, if the window was open, giving nvitations by way of solicitation or signals representing solicitation. In each case signals were intended to solicit men passing by in the street. They did effect solicitation of the men when they reached those men. At that moment the person in the street to whom the signal was addressed was solicited and, being solicited in the street, I agree with the conclusion of my Lord and for these reasons I have intimated that these appeals must be dismissed. DONOVAN J: I agree with both the judgments which have been delivered. Cases stated These were appeals by Cases Stated from the adjudications of one of the magistrates of the police courts of the metropolis sitting at Bow Street Magistrates’ Court as a magistrates’ court, before whom informations were preferred on 27 November 1959, 8 December 1959, 5 January 1960 and on a day unknown in 1960 by the respondents, police officers, that the appellants, Marie Theresa Smith and Christine Tolan being common prostitutes, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. There were two informations against Marie Theresa Smith, which were heard on 4 February 1960, when the following facts were found. The appellant was a common prostitute, living at 39, Curzon Street, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 8. 50 pm and 9. 5 pm the appellant solicited men passing in the street for the purposes of prostitution from a first floor balcony of 39, Curzon Street, the balcony being some eight to ten feet above street level. The appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the balcony railing with some metal object and by hissing to them as they passed in the street beneath her, and (ii) having so attracted their attention, to talk with them and invite them to come inside the said premises by such words as ‘Would you like to come up here a little while? ’ at the same time as she indicated the correct door of the premises. That on 9 January 1960, between 12. 0 am and 1 am the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street, the window being some three feet from railings, four feet high, which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) hav ing so attracted their attention, to invite them in for a price which she indicated by extending three fingers of her hand and indicating the correct door of the premises. That on one occasion the price so indicated by the appellant was agreed and the man entered the premises, leaving some fifteen minutes later. On another occasion the price so indicated by the appellant was not agreed by the man concerned, who made a counter-proposal as to price by extending two fingers of his hand. This counter-proposal was not accepted by the appellant and the man walked away. There were four informations against Christine Tolan which were heard on 4 February 1960, two being heard also on 8 February 1960, when the following facts were found. That the appellant was a common prostitute living at 39, Curzon Street, London, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 9. 25 pm and 9. 35 pm the appellant solicited men passing in the street for the purposes of prostitution from a half-open ground floor window of 39, Curzon Street, the window being some three feet from four feet high railings which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by half leaning out of the window towards the men as they passed by in the street in front of her and (ii), having so attracted their attention, to talk with them and invite them inside the premises by such words as ‘A short time for ? 3’ at the same time as she indicated the correct door of the said premises. That on 4 December 1959, at about 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii), having so attracted their attention, to invite them inside the premises by smiling and indicating the correct door of the premises. That on one occasion a man accepted the appellant’s suggestion and went towards the door of 39, Curzon Street, which the appellant was holding open ready for him to enter. However, when a police officer came up, the appellant hastily slammed the door and the man left (not having entered the premises). About five minutes later a second man left the premises. That on 5 December 1959, at about 10. 40 pm the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) having so attracted their attention to talk to them and invite them inside the said premises at the same time as she indicated the correct door of the said premises. That on 15 December 1959, between 10. 30 pm and 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a partly open first floor window of 39, Curzon Street, the window being about ten feet above street level. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street beneath her and (ii) having so attracted their attention, to invite them in by gestures and for a price she indicated by extending three fingers of her hand and indicating the correct door of the premises. It was contended for the appellants that the balcony; the interior of the premises behind a closed or half closed window on the ground floor; and the interior of a building behind a slightly open window on the first floor were not ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly no offence had been committed. It was contended for the respondents that the soliciting had taken place ‘in a street’ within the meaning of that Act. The magistrate was of opinion that the said soliciting had taken place ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly convicted the appellants. 3. Carlill v Carbolic Smoke Ball Co. [1983] 1QB 256 (p259) Background The British influenza epidemic of 1891-92 extracted a heavy toll on human life. To the purveyors of quack medicines it provided a wonderful opportunity. The last decade of the nineteenth century was the golden age of quackey and the carbolic smoke ball patented by Frederick Roe in December 1989 was merely one of a range of devices that were aggressively promoted to a naive public at that time. Roe’s patent application described his smoke ball as ‘An improved device for facilitating the distribution, inhalation and application of medicated and other powder’ Although the patent specification envisaged other powders being used, Roe confined himself to using carbolic acid or phenol in powder form, this being the standard germ killer of the time. Early advertisement for this smoke ball made typically extravagant claims: Will positively cure Influenza, catarrh, Asthma, Bronchitis, Hay fever, Neuralgia, Throat deafness, Hoarseness, Loss of voice, Whooping cough, Croup, Coughs, Colds, and all other ailments caused by Taking cold. Facts An advertisement that offered a reward of ? 100 ‘ to any person who contracts the increasing epidemic, influenza, colds,†¦after having used the ball according to the printed directions’. Gave rise to litigation. The company was so convinced of the infallibility of its product that its advertisement pointed out that it had deposited the sum of ? 000 with its bank as ‘proof of its sincerity’. The advertisement that gave rise to the litigation first appeared in the Pall Mall Gazette on 13 November 1891. Mrs Carlill bought a carbolic smoke ball from a chemist shop, and used it three times daily for two weeks in accordance with the written instructions, she nevertheless c ontracted influenza. When the company refused to pay the ? 100 reward, Mrs Carlill sued for breach of contract. Issues In this defence the Carbolic smoke ball co. raised virtually every possible argument that was available to deny the existence of a contract. In summary he company argued that: †¢ The newspaper advertisement was not an offer †¢ Even if it was an offer, Mrs Carlill had not validly accepted the offer. †¢ Even if she had, the arrangement was not intended to create the legal relations †¢ Even if it was, she had provided no consideration in exchange for the company’s promise †¢ Even if a contract had been formed, it was of no effect since it failed to meet certain statutory requirements. Decision The English court of appeal dismissed all of these arguments and held that a valid contract had been formed and consequently Mrs Carlill was entitled to the ? 100. Implications For present purposes, the main implications of the case are in the way that court of appeal rejected the various arguments advanced to suggest that the advertisement didn’t constitute an offer. The company’s argument that the advertisement was not a statement that people would take seriously (it was a ‘mere puff’) was rejected by reference to the statement that ? 1000 had been deposited with the Alliance Bank to show the company’s ‘sincerity in the matter’. Lindley LJ(at 261) stated: Now, for what was the money deposited or that statement made except to negative the suggestion that this was a mere puff and meant nothing at all? The deposite is called in aid by the advertiser as proof of his sincerity in the matter- that is, the sincerity of his promise to pay this ? 100 in the event which he has specified. I say this for the purpose of giving that point to the observation that we are not interring a promise, there is the promise, as plain as words can make it. The company argued that the advertisement was so vague and incomplete that reasonable people wouldn’t interpret it. To contain any legal promise. For example, the advertisement didn’t specify any time limit within which a person had to contract influenza in order for them to claim the reward. Neither was there any way for the company to check that smoke ball had been correctly used. Bowen LJ held that: The answer to that argument seems to me to be that if a person chooses to make extravagant promises of this kind he probably does so because it pays him to make them, and, if he has made them, the extravagance of the promises is no reason in law why he shouldn’t be bound by them. Lindley LJ conceded that the language was vague and uncertain in some respects but nevertheless considered that ‘business people or reasonable people ‘ would understand it to mean that ? 00 would be paid to anybody who used the smoke ball three times daily for two weeks according to the printed directions, and who contracted influenza within a reasonable time after so using it. In response to the company’s argument that an offer had to be directed at a particular person or persons and couldn not be made to the whole world. Browen LJ stated that: It was also said that the c ontract is made with all the world. †¦that is †¦with everybody, and that you can not contract with everybody. it is not a contract made with all the world. There is fallacy of the argument. It is an offer made to all the world,and why should not any offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition? It is an offer to become liable to any one who, before it is retracted, performs the condition, and although the offer is made to the world, the contract is made with that limited portion to the public who come forward and perform the condition on the faith of the advertisement. 4. Havey v Facey [1983] (p259) 5. Pharmaceutical society of Great Britain v Boots Cash Chemist (p258) 6. Fisher v Bell (p257) 7. Partridge v Crittenden (p257) 8. R. Clarke (p265) Clarke, had claimed ? 1000 from the police in the following circumstances. In May 1926 the commissioner of police gave notice by proclamation that he was authorized by the government of western Australia to ‘offer a reward of ? 1000 for such information as shall lead to the arrest and conviction of the person who committed the murders’ of an inspector of police and a sergeant of police, and that the governor would be advised to extend a free pardon to any accomplice not being the person who actually committed the murders who should first give the information. In June, one Treffene and Clarke were arrested and charged with one statement which led to the arrest of one coulter. Coulter and Treffene were convicted of the murder, Clarke giving evidence in accordance with is statement. Clarke was released and claimed the reward. The R alleged inter alia by way of defence that his statement was not made with a view to obtaining the reward. His petition was dismissed at first instance, the judge finding that he had not acted on the faith entering into any contract, but rather that he acted to save himself from the unfounded charge of murder. The plaintiff failed in an action to claim a reward offered for information leading to the conviction of a murderer. He knew of the reward but be admitted in court he gave the information to save himself from being charged with the murder and with the reward’ not present to his mind’. Higgins J, 241 stated that: The motive inducing consent maybe immaterial but the consent is vital. Without that there is no contract†¦Clark had seen the offer, indeed, but it was not present to his mind.. he had forgotten it, and gave no consideration to it, in his intense excitement as to his own danger. There can not be assent without knowledge of the offer, and ignorance of the offer is the same thing whether it is due to never hearing of it or forgetting it after hearing. (Acceptance must be made in reliance on the offer) 9. Hyde v Wrench June 6. The defendant wrote to the plaintiff offering to sell his farm for ? 1000. The plaintiff’s agent immediately called on the defendant, and made an offer of ? 920 which the defendant wished to have a few days to consider. June 27, the defendant wrote to say that he could not accept this offer. June 29, the plaintiff wrote ‘accepting’ the offer of June 6. The plaintiff brought an action for specific performance. The defendant filed a general demurrer. The Master of the rolls: Under the circumstances stated in this bill, I think there exists no valid binding contract between the parties for the purchase of the property. The defendant offered to sell it for? 1000, and if that had been at once unconditionally accepted, there would undoubtedly have been a perfect binding contract. Instead of that, the plaintiff made an offer of his own, to purchase the property for ? 950, and he thereby rejected the offer previously made by the defendant. I think that it was not fterwards competent for him to revive the proposal of the defendant, by tendering an acceptance of it, and that, therefore, there exists no obligation of any sort between the parties, the demurrer must be allowed. 10. Stevenson Jacques & Co. v McLean The plantiffs and the defendant were negotiating about the sale of a quantity of iron for which the defendant held warrants. Saturda y: The defendant wrote: â€Å"†¦I would now sell for 40s. net cash,open till Monday. † Monday: The plaintiffs telegraphed: â€Å"Please wire whether you would accept forty for delivery over two months, or if not, longest limit you would give. The defendant received the telegram at 10. 01am and subsequently sold the iron to a third party. 1. 25pm: the defendant telegraphed that he had sold the iron. 1. 3pm: the plaintiffs, having had no reply to their telegram, telegraphed again, accepting the offer to sell at 40s. cash. 1. 46pm: the defendant’s telegram arrived. The plaintiff sued for breach of contract, and the defendant objected that the telegram sent by the plaintiffs on the Monday morning was a rejection of the defendant’s offer and a new proposal on the plaintiffs’ part, and therefore that the defendant had a right to regard it as putting an end to the original negotiation. Lush J: Looking at the form of the telegram, the time when it was sent, and the state of the iron market, I can not think this is its fair meaning. The plaintiff Stevenson said he meant it only as an inquiry, expecting an answer for his guidance, and this, I think, is the sense in which the defendant ought to have regarded it. Stevenson, Jacques & Co v. McLean (1880) 5 QBD 346 is an English contract law case concerning the rules on communication of acceptance by telegraph. Its approach contrasts to the postal rule. McLean wrote to Stevenson, Jacques & Co. n Middlesbrough asking if he could get an offer for warrants on iron ore. He said 40s per ton in cash was the lowest price, the offer open till Monday. At 7. 42am, Stevenson telegraphed saying ‘Please wire whether you would accept forty for delivery over two months, or if not, longest limit you could give. ’ McLean did not answer, and sold at 1. 25pm to someone else. Stevenson, before hearing, telegraphed saying he had secured a price. McLean refused to deliver the iron, and Stevenson brought an action for non-delivery. Lush J held that the plaintiffs’ telegram at 9. 42 was not a rejection of the offer but a mere inquiry about whether the terms could be modified. Although McLean was at liberty to revoke the offer before Monday finished, that was not effective until it reached the plaintiffs. Therefore McLean’s offer was still open when Stevenson accepted it. 11. Power v Lee(266) 12. Felthouse v Bindley (p265) 13. Household Fire Insurance v Grant (267) 14. Holwell secutrities v Hughes (p267) 15. Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34 is a leading decision of the House of Lords on the formation of a contract using telecommunication. The Lords largely accepted the earlier leading decision of Entores v Miles Far East Co. [1955] 2 QB 327 on acceptance via telex. Brinkibon was a London company that purchased steel from Stahag, a seller based in Austria. Brinkibon sent their acceptance to a Stahag offer by Telex to Vienna. Brinkibon later wanted to issue a writ against Stahag and applied serve an out of jurisdiction party. They would only be able to do so if the contract had been formed in England. The question at issue was where the contract was formed. The Lords decided that the contract was formed in Vienna. They accepted the principle in Entores v Miles Far East Co where in the case of instantaneous communication, which included telex, the formation occurs in the place where the acceptance is received. Lord Wilberforce, however, did not see the rule as applying to all circumstances: Since 1955 the use of Telex communication has been greatly expanded, and there are many variants on it. The senders and recipients may not be the principals to the contemplated contract. They may be servants or agents with limited authority. The message may not reach, or be intended to reach, the designated recipient immediately: messages may be sent out of office hours, or at night, with the intention, or on the assumption that they will be read at a later time. There may be some error or default at the recipient’s end which prevents receipt at the time contemplated and believed in by the sender. The message may have been sent and/or received through machines operated by third persons. And many other variants may occur. No universal rule can cover all such cases; they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgement where the risks should lie. 16. Dickinson v Dodds (1876) (p261) Dodds offered to sell Dickson some houses for ? 800. This offer was stated ‘to be left over Friday, 9am’. However, Dodds sold the houses to someone else on the Thursday. Dickson heard of this sale indirectly but still handed Dodds a formal acceptance of the offer before 9am. Friday, it was held that no contract was formed with Dickson. The offer had been revoked before acceptance since Dickinson had actually received notice of the revocation even though this was not from the offeror. (General rule: an offer can be revoked (withdrawn or cancelled) by the offeror any time before it is accepted. A revocation is not effective until the offeree becomes aware of it. It is not necessary that offeror personally communicate the revocation to the offeree. It is sufficient if a reasonable person would be aware that the offer had been withdrawn. 17. Byrne & Co. v. Van Tienhoven & Co. October 1: The defendants, in Cardiff, posted a letter to the plaintiffs, in New York, offering to sell them 1000 boxes of tinplates. October 8: The defendants posted a letter revoking their offer. October 11:The plaintiffs telegraphed acceptance October 15: The plaintiffs confirmed their acceptance by letter. October 20: The defendants’ letter of revocation reached the plaintiffs. (Revocation is effective when it arrives. Postal acceptance Rule) 18. Rose & Frank Co. v Crompton & Bros. The defendant manufactured carbon paper in England. The plaintiff bought the defendant's paper and sold it in New York. After dealing with each other for a number of years they entered into a written agreement as to the plaintiff having exclusive rights to buy and sell the defendant's goods. The agreement stated: â€Å"This agreement is not a formal or legal agreement. It will not be subject to the jurisdiction of either the British or American courts. It is a record of the intention of the parties to which they honourably pledge themselves and is to be carried out with mutual loyalty and friendly co-operation. Following a series of disputes the plaintiff claimed that the defendant was in breach of the agreement and the trial judge held that it was legally binding. The defendant appealed and the Court Of Appeal overturned the decision – it was quite possible for parties to agree that a legal relationship would not be formed. Bankes LJ said that an intention to be legally bound was essential. With business arrangements it usual ly follows as a matter of course that legal relations are intended. Whilst it was â€Å"most improbable† that firms engaged in international business arrangements should not have intended legal consequences there is no legal obstacle to prevent them from doing so. He added further that there is no law or issue of public policy that should preclude this rule. Thus after reading the agreement in its ordinary meaning, he said â€Å"it is manifest that no action can be maintained on the basis of it. † (Intention to create relations) 19. Balfour v Balfour (p271) 20. Merritt v Merritt The court held that the presumption that agreements between husband and wife are not intended to create legal relations doesn’t apply when they are not living in amity but are separated or about to separate. H had left W and was living with another woman. He agreed to pay W ? 40 a month. And signed a written agreement that, in consideration of W’s paying off the mortgage on their jointly owned house, he would then transfer it to her sole ownership. W paid off the jointly owned house, he would then transfer it to her sole ownership. W paid off the mortgage, Stamp J, made a declaration that W was the sole beneficial owner. H’s appeal was dismissed. Lord Denning said:’In all these cases the court does not try to discover the intention by looking into the minds of the parties. It looks at the situation in which they were placed and asks itself: would reasonable people regard this agreement as intended to be binding? † (google)A husband and wife separated. They then met to make arrangements for the future. After this the husband agreed to pay ? 40 per month maintenance, out of which the wife would pay the mortgage. When the mortgage was paid off it was agreed he would transfer the house from joint names to the wife's name. He wrote this down and signed the paper, but later refused to transfer the house. It was held that when the agreement was made, the husband and wife were no longer living together, therefore they must have intended the agreement to be binding, as they would base their future actions on it. This intention was evidenced by the writing and therefore the husband had to transfer the house to the wife. 21. Jones v Vernons Pools Ltd (p272) 22. White v Bluett (p277) 23. Roscorla v Thomas (p277) 24. Re Casey’s Patents (google) A and B owned a patent and C was the manager who had worked on it for two years. A and B then promised C a one-third share in the invention for his help in developing it. The patents were transferred to C but A and B then claimed their return. It was held that C could rely on the agreement. Even though C's consideration was in the past, it had been done in a business situation, at the request of A and B and it was understood by both sides that C would be paid and the subsequent promise to pay merely fixed the amount. (past consideration is good if: Must be done at the promisor's request Parties understand that the act was to be rewarded. Payment must have been legally enforceable had it been promised in advance) 25. Collins v Godefroy This case (Collins v Godefroy [1831] 1 BAd 950) is the archetype of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. Godefroy promised Collins six guineas if he would attend court to testify on his behalf. At his agreement, Collins was subpeonaed. Godefroy refused to pay. In his defence, he claimed that there was no consideration moving from Collins, as he was obliged to attend court anyway. This view was upheld by the court. (It was held that as Collins was under a legal duty to attend court he had not provided consideration. His action therefore failed. ) 26. Ward v Byham The father of an illegitimate child agreed to pay the mother a sum of money for maintenance, provided that the child be well looked after and happy, and that the mother offer the child the choice of which parent to live with when she was old enough to understand. The father made payments until the child's mother married, and then he refused. The mother sued for breach of contract. The father's defence was that there was no consideration to the agreement, as the mother was legally obligated to care for the child. The Court of Appeal ruled that the mother had exceeded her statutory duty by bringing up the child in a particular way, and in accordance with the wishes of the father, and this was sufficient consideration. (Do more than public duty is good consideration) 27. Dunton v Dunton (p277) 28. Glasbrook Brothers Ltd v Glamorgan County Council (p278) 29. Stilk v Myrick (p278) 30. Musumeci v Winadell Pty Ltd (p278) 31. Shadwell v Shadwell (279) 32. Hartley v Ponsonby (p279) 33. Pinnel’s case ( ) The plaintiff sued the defendant for the sum of ? 8 10s. The defence was based on the fact that the defendant had, at the plaintiff's request, tendered ? 5-2s-6d before the debt was due, which the plaintiff had accepted in full satisfaction for the debt. payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, a lesser sum can be a satisfaction to the plaintiff for a greater sum: but the gift of a horse, hawk, or robe, etc. in satisfaction is good†¦ [as] more beneficial to the plaintiff than the money. The rule is obiter dicta. In Pinnel's Case itself the debt was paid before the date of satisfaction, which was considered good consideration. 34. Foakes v Beer (p279) 35. Central London property Thust Ltd. v High Tress house Ltd. (p281) 36. Waltons Stores (interstate)Ltd. v Macher (p281) 37. Donoghue v Stevenson (p172) 38. Perre v Apand (p201) 39. Bolton v Stone (p187) 40. Haley v London Electricity Board (photocopy) 41. Pairs v Stepney BC (p190) 42. WATT v HERTFORDSHIRE COUNTY COUNCIL [1954] 1 WLR 835 DENNING LJ: †¦ It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. Full text SINGLETON LJ: The plaintiff was employed in the fire service under the control of the defendants and he was stationed at Watford. He had a serious accident on 27 July 1951, as a result of which he brought this action, claiming damages for negligence. His case is that the defendants undertook to exercise the care which they owed to him and to other men employed in the fire service, and he gives particulars of negligence. There are always firemen on duty at the fire station at Watford, and on 27 July 1951, an emergency call was received there to the effect that there had been an accident and that a woman was trapped under a heavy vehicle about two hundred or three hundred yards away. In view of the nature of the emergency the officer in charge, Sub-officer Richards, gave directions that two teams of men should go out, and he himself went with the first team. It was clear that there might be need for lifting apparatus of some kind, and at the fire station there was a jack capable of raising heavy weights. The jack did not belong to the fire service. It was the property of London Transport Executive, whose practice it is to lend out jacks of this kind to various fire stations, and, perhaps, to other bodies, so that they can be on call in case of need. Thus, the jack was on loan to the defendants at this fire station. It is only on rare occasions that there is an emergency call requiring the services of a jack of this kind. The plaintiff had been in the fire service in Hertfordshire since 1939, and he had only known of one emergency call on which a jack was required. The defendants had an Austin vehicle fitted to carry this jack. The fire station at Watford is not a large one, and it had not a great many vehicles. The Austin vehicle was the only one fitted to carry the jack, but it was not kept purely for that purpose. It had other services to perform during part of the week, and on this day it was properly out on other service. The jack stands on four small wheels, two of which are castored, which means that they may turn all the way round the circle. There was at the fire station only one vehicle on which the jack could be carried in the absence of the Austin vehicle, a Fordson lorry, and before leaving with his team Sub-officer Richards told the leading fireman in charge of the second team, of which the plaintiff was a member, to take the jack on the lorry. Consequently, the five men in the second team lifted up the jack, which weighed between two and three hundredweight, and put it on to the flat Fordson lorry, which had boards at the sides and a tailboard. They got on the lorry themselves, two in the front seat, and three sitting in the body. The plaintiff was in the forward part of the body on the right-hand side, and the other two men there were, perhaps, a little further back and on the other side, and they held the jack somehow. Obviously there might be movement of the jack in the lorry, for there were no means of securing it, no place on which anything could be tied, and no built-in system which would prevent movement. There was, therefore, a risk. The men knew what they were doing. They started their journey, which was only two hundred or three hundred yards. But on the way something happened to cause the driver to apply his brakes suddenly, the jack moved inside the lorry, the plaintiff’s leg was caught, and he was injured. In these circumstances he claimed that the defendants, his employers, were negligent in that they ‘(a) failed to load or secure the said lifting jack in such a way that it could not become dislodged;(b) loaded the said lifting jack in such a way that they knew or ought to have known it was likely that if the said lorry pulled up suddenly the same would become dislodged and cause injuries to any person riding on the back of the said lorry;(c) permitted and/or caused the laintiff to ride on the back of the said lorry on to which the said lifting jack had been loaded as aforesaid;(d) caused or permitted the said jack to be transported on the said lorry which as the defendants knew or ought to have known was not provided with clips straps or other suitable means to secure the same;(e) failed to provide any or any adequate supervision of the loading of the said jack on to the said lorry’; and it was claimed that the plaintiff’s accident was due to negligence, and that he was entitled to recover damages against the defendants. Barry J heard the action, and on 16 December 1953, he gave judgment in favour of the defendants, holding that it was not shown that they had been guilty of any negligence towards the plaintiff or towards their other employees. I am in complete agreement with his judgment. The fire service is a service which must always involve risk for those who are employed in it, and, as counsel for the plaintiff pointed out, they are entitled to expect that their equipment shall be as good as reasonable care can secure. An emergency arose as often happens. Mr Richards, the sub-officer who had given the order, was asked in re-examination: ‘From your point of view you thought it was a piece of luck, with this unfortunate woman under the bus, that the Fordson was available and you could use it? A. – Yes. It is recognised in the service that we use our initiative at all times, and in doing so any reasonable step you take is considered satisfactory if it is a question of saving life. You have to make a sudden decision. ’ It is not alleged that there was negligence on the part of any particular individual, that the driver was negligent in driving too fast, or that Sub-officer Richards was negligent in giving the order which he did. The case put forward by counsel for the plaintiff in this court is that, as the defendants had a jack, it was their duty to have a vehicle fitted in all respects to carry that jack, from which it follows, I suppose, that it is said a vehicle must be kept at the fire station at all times, or that, if there is not one, the lifting jack must not be taken out. Indeed, counsel claimed that, in the case of such an occurrence as this, if there was no vehicle fitted to carry the jack, the sub-officer ought to have telephoned to the fire station at St Albans and arranged that they should attend to the emergency. St Albans is some seven miles away, and it was said an extra ten minutes or so would have elapsed if that had been done. I cannot think that is the right way to approach the matter. There was a real emergency. The woman was under a heavy vehicle. These men in the fire service thought they ought to go promptly, and thought they ought to take a lifting jack, and they did so. Most unfortunately this accident to the plaintiff happened. The duty owed by employers has been stated often. Lord Herschell in Smith v Baker & Sons said ([1891] AC 362): ‘It is quite clear that the contract between employer and employed involves on the part of the former the duty of taking reasonable care to provide proper appliances, and to maintain them in a proper condition, and so to carry on his operations as not to subject those employed by him to unnecessary risk. The employee in this case was a member of the fire service, who always undertake some risk, though, according to counsel for the plaintiff, not this risk. Is it to be said that, if an emergency call reaches a fire station, the person in charge has to ponder on the matter in this way: Must I send out my men with the lifting jack in these circumstances, or must I telephone to St Albans , seven miles away, to ask them to undertake the task? I suppose he must think about his duty, but what would a reasonable man do placed as he was? Would the reasonably careful head of the station have done anything other than that which Sub-officer Richards did? I think not. Can it be said, then, that there is a duty on the employers here, the defendants, to have a vehicle built and fitted to carry this jack at all times, or, if they have not, not to take the jack for a short journey of two or three hundred yards? I do not think that will do. Asquith LJ in Daborn v Bath Tramways Motor Co Ltd & Trevor Smithey said ([4946] 2 All ER 336): ‘In determining whether a party is negligent, the standard of reasonable care is that which is reasonably to be demanded in the circumstances. A relevant circumstance to take into account may be the importance of the end to be served by behaving in this way or in that. As has often been pointed out, if all the trains in this country were restricted to a speed of five miles an hour, there would be fewer accidents, but our national life would be intolerably slowed down. The purpose to be served, if sufficiently important, justifies the assumption of abnormal risk. ’ The purpose to be served in this case was the saving of life. The men were prepared to take that risk. They were not, in my view, called on to take any risk other than that which normally might be encountered in this service. I agree with Barry J that, on the whole of the evidence which was given, it would not be right to find that the defendants as employers were guilty of any failure of the duty which they owed to their workmen. In my opinion, the appeal should be dismissed. DENNING LJ: It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. I agree with my Lord that this appeal should be dismissed. MORRIS LJ: I also agree. The accident in this case came about as a result of a somewhat unusual concatenation of circumstances. There had for a long time been no call for the use of the jack. Any such call, according to the evidence, was extremely rare. It so happened that a call came at a time when the Austin vehicle which would normally have carried the jack was otherwise engaged. I do not think it can be said to have been unreasonable to have had the Austin vehicle for use in the way that was arranged. Had the fire station been larger, had there been unlimited resources, unlimited space, and an unlimited number of vehicles, then it may be that another fitted vehicle would have been available. But that was not reasonably practicable or possible. When the call for the jack came, Mr Richards had to decide what to do, and I do not think that it would have been in accordance with the traditions of the fire service if he had said that he could do nothing other than call on St Albans. What he decided to do was in accordance with the practice of the fire service. Mr Bottin, the assistant chief officer in the London Fire Brigade, speaking of the provision of jacks, pointed out that in London there are twenty-nine sets of lifting gear, one being provided for every two stations. He said in evidence: ‘Q. Can you always undertake that that one vehicle will be available for the transport of a jack? A. – No. Q. – In your view is it reasonably practicable for a fire service to adapt all of its vehicles for the transport of jacks? A. – No. I would not think it was reasonable. Q. – You have been a station officer, have you not? A. – I have. Q. – Supposing you found yourself in charge of a stati on, and supposing the equipment available was not that most suitable for the purpose but you found that human life was in danger and you might save it by adopting a method not entirely suitable, what in your view would be your duty as a station officer? A. – I have had that experience, and I did not hesitate to get the equipment there as quickly as possible. ’ As I have said, I think Mr Richards acted in accordance with the traditions of the service, and I cannot for one moment think that the employers could be held responsible as having failed in the performance of their duties. I agree that the appeal fails. 43. Rogers v Whitaker (p189) 44. Barnett v Chelsea Hospital 45. March v E. & M. H Stramare Pty. Ltd.