Tuesday, January 21, 2020

Kill the Wolves :: Wolved Wildlife Animals Essays

Kill the Wolves Bang! A shot rings out in the forest. â€Å"Another one down. That’s five this week.† In the early 1900s there were predator extermination teams that were paid for every wolf, mountain lion, and bear they brought dead to the ranger station. Why were these stopped? â€Å"It’s those damn tree-huggers again.† Reintroducing Wolves into the southwest is the biggest mistake the government has made in several years. Farmers and ranchers suffer some of the most losses from wolves out of anyone in our society. For one, the wolves eat cattle, which is some rancher’s only means of income. Yes, there are programs which reimburse ranchers for their losses, but the raising calves to cows, feeding them, and immunizing them is more money than one wants to put out for one animal if it isn’t your income. Farmers lose from wolves because their cows, sheep, goats, and dogs get eaten or killed by wolves. For farmers, the money situation is almost as bad as it is for ranchers. Either way wolves infringe on the rights of farmers and ranchers, so they should not be reintroduced into the southwest. Another reason wolves are bad for our society in the southwest, is a good piece of income and food is raised from hunters every year; with wolves being in the wild, hunters would feel afraid to go into the back country looking for a good deer or elk, the best animals would be eaten by wolves thus reducing the number of permits that are being given out, reducing the money generated by hunting permits. Every year hundreds of people purchase hunting licenses and tags for elk and deer. All of that money goes to the forest service’s fund for improving trails, roads, and safety systems in the national forests. With reduced tags being sold, that revenue is lost. In addition to that money being lost, the best animals will be taken down by wolves, leaving the hunters to go for small, sick, injured, or extremely old animals. The effect of releasing wolves into the wild would be detrimental to the southwest’s hunting community.

Monday, January 13, 2020

We Are Young

What percentage of new Jobs requires postsecondary education? Nearly two-thirds of Jobs require postsecondary education. 7. Are communication skills acquired by nature or by nurture? Explain. Nurture. No one is born with perfect communication skills It's something that can be perfected with effort such as effective listening skills, and the process of bettering these skills Is ongoing and can only Improve. 8. List seven trends In the workplace that affect business communicators. Be prepared to discuss how they might affect you in your true career.Flattened management hierarchy, more participatory management, increased emphasis on self-directed work groups and virtual teams, heightened global competition, Innovative communication technologies, new work environments and Focus on Information and knowledge as corporate assets.. 9. Give a brief definition of the following words: A. Encode- put message into coded form B. Channel- directs towards a particular end or object C. Decode- to co nvert from code or plain text 10. List 11 techniques for improving your listening skills. Be prepared to discuss each.Stop talking, Control your surroundings, Establish a receptive mind-set, Keep an open mind, Listen for mall points, Capitalize on lag time, Listen between the lines, Judge Ideas. Not appearances. Hold your fire, Take selective notes, Provide feedback. 1 1 . When verbal and nonverbal messages conflict, which are receivers more likely to believe? Give an Original example. Well it depends on the message being relayed. If so-in-so said something like â€Å"l found a thousand dollars on the ground† and you look at his friend who rolls his eyes and shakes his head meaning that he's lien or exaggerating I'm more like to believe that person.But this could also work both ways. I think It depends on what's being said. 12. Would your culture be classified as high- or low-context? Why? Low because Americans rely on facts, data and logic. We also value independence, Imitat ive and self-assertion. 13. What is ethnocentrism, and how can it be reduced? The belief in the superiority of one's own culture is known as ethnocentrism. This natural attitude is found in all cultures. Ethnocentrism causes us to Judge others by our own values.In these cultures, however, personal relationships must be established and nurtured before earnest talks may proceed. 14. List seven or more suggestions for enhancing comprehension when you are talking with nonnative Speakers of English. Be prepared to discuss each. Use simple English, Speak slowly and enunciate clearly, Encourage accurate feedback, Check frequently for comprehension, Observe eye messages, Accept blame, Listen without interrupting. 15. List five suggestions for Improving communication among diverse workplace audiences. Be prepared To discuss each. Understand the value I similarity.

Sunday, January 5, 2020

Stress on College Campuses Essay - 915 Words

Stress is unavoidable, no matter the situation, location, or time; stress is always present. Stress is found in higher levels during the duration in which students attend college. It is predictably higher among college students, freshmans in particular, because of the extreme expectations set upon them by their parents and, of course, society. The need to please their parents, longing for success in life, and being able to sustain a reasonable income in the future, all of which falls into the hands of college students who are making critical decisions which may decide the outcome for a large portion of their lives. If these students end up hating their future jobs, the stress of having to go back into college to study for a new career†¦show more content†¦This in-between phase is where stress is at its highest. The period usually occurs during our college phase because college is typically (not always though) a necessity in order to succeed. Standards are different with ever y job, but success in a field depends on willpower and perseverance. Stress affects everyone on different levels, where some thrive off stress and many do not. The symptoms of stress are slight, where most people might not even realize that they are even showing symptoms, so learning to recognize even the slightest symptoms may prove to be beneficial. After recognizing the symptoms of stress, these students and everyone else could take measures to relax or perform activities that relieve stress. These slight side effects, that may not be noticeable, are impairing individuals mentally, and if symptoms remain untreated, then physical side effects occur as well. Choosing to do well is stressful because it is guaranteed that there is a mountain of work in the way before an individual reaches success. Going to college in the United States may be extremely difficult and stressful for ethnic students. These students have to learn and speak English in order to understand their professors a nd assignments. Paukert, Pettit, Perez, and Walker (2006) examined how ethnic college studentsShow MoreRelatedShould Guns Be Permitted On College Campuses?930 Words   |  4 PagesShould guns be permitted on College Campuses? Across the country, there has been so much concern for the safety of college students and their well being that the use and carrying of guns has been brought into case with the introduction of bills. Allowing guns on college campuses would potentially be dangerous for everyone, including students and faculty members. A lot of damage and harm could occur. While some students might use them for protection, legalizing them would also increase the chancesRead MoreShould Marijuana Be Legalized? Essay1515 Words   |  7 PagesMore than half of college students throughout their academic career have either experienced or been exposed to some type of illicit drug. One of the most commonly found illicit drugs found on college campuses have been marijuana. Marijuana is used to amplify perception, affect the frame of mind, and relax. Signs of marijuana use includes red eyes, sluggishness, and awkward body movement. With the usage of marijuana in earlier years being illegal in all states in Ame rica, the last couple of yearsRead MoreShould Marijuana Be Legalized?1329 Words   |  6 PagesThe college campuses in the United States have the majority of the population that uses drugs among society (Wadley Carlier, 2014). The ages of these students range from â€Å"18 to 24† that are the most likely candidates to use marijuana and are more susceptible to use and find themselves addicted while they are in college (College Drug Abuse, 2015). There is conflict on college campuses between the state and federal government laws because the college is ran by the state by falls under federal lawsRead MoreCause Effect of Binge Drinking Essay1247 Words   |  5 Pagesfrequent memory lapses, fights, brutal hangovers and unplanned sexual activity all have in common? They are all frequent results of binge drinking by college students. On a typical Friday or Saturday night you can find the average college student out drinking and having fun. Normally partying with friends at a par ty, bar, or club; most of these college students are underage consuming excessive amounts of alcohol, or as its better known, â€Å"binge drinking.†The term binge drinking is defined as the consumptionRead MoreDetermining Causes And Effects Major Cause And Effects Of Stress On College Students797 Words   |  4 Pages Assignment #3.1: Determining Causes and Effects Major cause and effects of stress in college students Vanity Talbert ENG 115- English Composition Olivia Clark August .17, 2015 Dealing and living with stress has become almost a way of life of many people today, as they combine busy lives with the high demands of work or study while trying to make time for family and friends. Students experience episodic stresses while getting ready for an exam ,Finalizing an important paper ,orRead MoreThe Pressures Faced by College Students886 Words   |  4 PagesIn college campuses across the USA, college students are facing an abundance of pressure. They juggle family stress to, college stress, to peer stress, students are constantly pulled into a never ending cycle of stress. Constantly pursuing their education to do whatever is necessary for them to graduate from college. Today’s generation of teenagers/young adults, and older generation of people, face alike challenges that are dramatically different from the before. Today we have an abundance of sophisticatedRead MoreRacism Is Still A Heavy Issue Of The High College Experience Across The United States171 8 Words   |  7 Pagessource of help to assist them to conquer. Throughout America racism is still a heavy issue that is becoming a part of the average college experience across the United States. In recent events, similar to ones that happened in the Civil Rights Era, students of color fear their lives and are concerned for their safety, while trying to do what they are able, to make their campuses â€Å"equality friendly†. Situations where there were public displays of racism and discrimination, neglect of staff help when issuesRead MoreWith Mental Health Issues On The Rise, It’S No Surprise1519 Words   |  7 Pages With mental health issues on the rise, it’s no surprise that college students would seek help that is free and readily available on campuses. Yet, despite the 9.5% increase of college students, especially in freshmen, not all college campuses make it known that students can seek help for free in the way of support groups or campus counselors (A ikins). Issues such as depression, anxiety, and eating disorders are going untreated in students, leading to students dropping out or turning to self-harmRead MoreLarge College Campuses vs. Small College Campuses Essay565 Words   |  3 PagesThere are a large amount of colleges to choose from. Students start looking at college at around the junior year of high school. There are so many things to think about when choosing which college to attend and one being the size of the campus. Each student has their preference on size. Attending a school with a large campus or small campus has both negatives and positives. Even though going to a large college campus or a small college campus have their own individual benefits, they have similarRead MoreDrinking on College Campuses1799 Words   |  7 PagesDrinking on College Campuses Underage students drinking on college campuses has been a problem for countless years. Parents and professors look over the problem of students drinking and look at their college life in a positive way. They understand the students to be studying, making new friends, or working. Instead, an abundance of students are partying and drinking at these parties. The transformation from high school to college causes stress to the students. Therefore, instead of the students

Saturday, December 28, 2019

Essay about Georges-Jacques Danton of France and Leadership

Georges-Jacques Danton of France and Leadership What is a leader? A leader as described by Websters Dictionary is, person who has commanding authority or influence. A man in history who certainly fits that description is Georges-Jacques Danton of France. Danton had a trouble childhood that included losing his father before his third birthday, and having several encounters with animals that would eventually leave him deformed for life. Dantons early political promise showed most one day in grade school. Back then, the punishment for students was not detentions or demerits, but instead they were struck on the fingers with a ruler. One day, Dantons friend Parà © could not recite the assigned text, but refused to put out his†¦show more content†¦He was voted as a delegate of Paris before fellow colleagues Desmoulins and Robespierre. He also had the character to resign from the cabinet in order to put his full efforts into the National Convention. He wanted so bad to wipe out the monarchy so on January the 16th of 1793 , he voted with the majority to have king Louis XVI executed (Dwyer, 81). In conclusion, Georges-Jacques Danton was an outstanding figure that fought for the rights of the people during the French Revolution. Georges-Jacques Dantons leadership roles can also be seen from his work in the Committee of Public Safety. The National Convention adopted the Committee of Public Safety in efforts to defend the new regime established by them. Dantons primary responsibility on the Committee of Public Safety was national defense. He had to protect the people at all costs, and at the same time, he had to deal with foreign affairs (Dwyer, 87). Other monarchial countries were concerned that the idea of a republic would spread to their people, and thus start rebellions all over. These countries wanted to siege France and stop this so-called nonsense at once. After the death of Gabrielle, one of Dantons colleagues, he attempted to draw up a new constitution, known as the Constitution of 1791. This proposal, however, was rejected by the Convention, but Danton continued to speak in front of the members in efforts to persuade them to agree with his views (Dwyer, 89). In summary,Show MoreRelatedThe Life Strength and Legacy of Georges Jacques Danton1032 Words   |  4 Pages Georges Jacques Danton was born on October 28, 1759 in Arcis-sur-Aube, a department in north-central France. Danton was born into a bourgeois family and his parents were expecting him to become a priest. But, Danton preferred the law, he had a good education in his native town at Troyes, the commune and capital of the Aube Department. He later moved to Paris and being born a well public speaker, he rose in his profession. By 1785, Danton was a well known, successful practitioner before the ParliamentRead MoreThe French Revolution Of France1365 Words   |  6 PagesOld Regime of France. Though the French Revolution did destroy this regime, its leaders’ ultimate goal was to obliterate the Catholi c Church in France and the faithful within it. Before the beginning of the revolution, France had the most widespread culture in the entire world. From its fine arts, stylishness, clothing, and language, everything that was popular in France was also prevalent all over the world. However, all of that changed after the start of the Revolution. â€Å"Since France was such a culturalRead MoreThe Terror Known as Robespierre605 Words   |  2 PagesCSP, he ordered countless individuals to be guillotined whether or not people on the outside of the conflict viewed them as deserving of such punishment: in one instance, he put to death several people that he viewed as anti-revolutionary: Georges Jacques Danton, Lucie Simplice Desmoulins, Jean Franà §ois Delacroix, and Pierre Philippeaux. Robespierre did not leave this up to the CSG whose job was to punish this type of people and because of this, he gained the reputation of a tyrant—he made decisionsRead More The Reign Of Terror Es say4589 Words   |  19 Pages  Ã‚  Ã‚  Ã‚  Ã‚  History is said to be written by the winners, but is it possible to rewrite history? In a way, the French, like many who have preceded them, and many who will proceed them have done the impossible, rewriting history. From trivial folklore, such as George Washington chopping down a cherry tree, to the incredibly wrong, the African slave trade; peoples views of history can be shaped and molded. The French have done a superb job of instilling all of us with the concept that their Revolution was aRead MoreEssay on The Fall of the French Monarchy2121 Words   |  9 Pages The revolution resulted, among other things, in the overthrow of the Bourbon monarchy in France and in the establishment of the First Republic. It was generated by a vast complex of causes, the most important of which were the inability of the ruling classes of nobility, clergy, and bourgeoisie to come to grips with the problems of state, the indecisive nature of the monarch, impoverishment of the workers, the intellectual ferment of the Age of Enlightenment, and the example of the American RevolutionRead MoreThe Fall of the French Monarchy2135 Words   |  9 PagesThe revolution resulted, among other things, in the overthrow of the Bourbon monarchy in France and in the establishment of the First Republic. It was generated by a vast complex of causes, the most important of which were the inability of the ruling classes of nobility, clergy, and bourgeoisie to com e to grips with the problems of state, the indecisive nature of the monarch, impoverishment of the workers, the intellectual ferment of the Age of Enlightenment, and the example of the American RevolutionRead MoreThe Reign of Terror4635 Words   |  19 PagesHistory is said to be written by the winners, but is it possible to rewrite history? In a way, the French, like many who have preceded them, and many who will proceed them have done the impossible, rewriting history. From trivial folklore, such as George Washington chopping down a cherry tree, to the incredibly wrong, the African slave trade; peoples views of history can be shaped and molded. The French have done a superb job of instilling all of us with the concept that their Revolution was a fight

Friday, December 20, 2019

Learning Value of Visual Arts -Ece - 832 Words

Learning Value of Visual Arts This paper will present my point of view on the learning value of the visual arts using Gardner’s Multiple Intelligences, Piaget’s Constructivism and Vygotsky’s Social Learning Theory. Art as mere creative expression has been the dominant theme for much of the twentieth century. However, researchers have been finding connections between learning in the visual arts and the acquisition of knowledge and skills in other areas. Art like text can be used as a source to practice critical thinking. Art can also be used to teach children about culture, traditions, history and even social issues. The process of creating art contributes to the cognitive, physical, social and emotional development of†¦show more content†¦They also later could solve problems by controlling their bodily motions and handle objects skilfully using both fine motor movements of fingers and hands and gross motor movements of the body (Wright, 2003). Art making activities also supports Piaget’s age and stage theory of children’s development especially when they start to experience the world through their senses and they start acquiring motor skills. Toddlers develop control of large and small muscle groups through making art. Painting with brushes, crayons, kneading clay or cutting and tearing paper help them develop co-ordination and strength in their arms and fingers. This will help them gain confidence in using tools for making art and later for writing. Making art also helps children develop eye-hand co-ordination. As children decide how to make parts fit together into a whole, where to place objects, and what details to include, they learn to coordinate what they see with the movements of their hands and fingers. This eye-hand coordination is essential for many activities, including forming letters and spacing words in formal writing. References Desantis, K. Housen, A. (2000). A Brief Guide to Developmental Theory and Aesthetic Development. Visual Understanding in Education. Dr. Huitt, W.G. (1999). Piaget’s Theory of Cognitive Development. http://www.edpsycinteractive.org/topics/cognition/piaget.html (Accessed: 27.2.2012) Gardner, H (1983). MultipleShow MoreRelatedEarly Childhood Education: Vision, Mission, and Philosophy Statement1258 Words   |  6 Pagesadapts content, products and processes to meet the diverse learning needs and preferences of students (Thousand, Villa, Nevin, 2007). Friedrich Froebel, the creator of Kindergarten, believed that children grow and learn as they play (Bruno, 2009). Play-based instruction not only enables young learners to have fun, but it also encourages interactive and cooperative learning, passion for discovery, and a foundation for later learning experiences (Moore Campos, 2010). This early childhood educationRead MoreEce Curriculum Essay1760 Words   |  8 PagesStacie Emery ECE 311 Prof. Carly Davenport November 21, 2011 * * * * Early Childhood Education: * The Curriculum That Matters Most Introduction As times change, it seems that education must change as well, to fit the ever-changing needs of our youth. For children of any age, education is a complex thing, but so very important for each of them to succeed in anything they do. California State Standards imitate the National standards for educational values. Each child hasRead MoreCurrent Issues and Trends in Assessment in Early Childhood Education6428 Words   |  26 Pagesaccountability for what students are learning. Minimum competency tests, achievement tests, and screening instruments were used to ensure that students from preschool through college reached the desired educational goals and achieved the minimum standards of education that were established locally or by the state education agency. As we continue in a new century, these concerns have increased. Trends in a New Century In the 1990s many schools improved the learning environment and achievement for allRead MorePairing Mastery Learning Approaches Along With Digital Badges3412 Words   |  14 PagesChapter 3 Methodology Pairing Mastery Learning approaches along with Digital Badges are giving educators a way to transform their current curriculum. This is especially imperative within teacher education programs, where students are taking teaching and learning knowledge into formal education. Educators are looking toward badges to increase engagement (Abramovich et al., 2013; Glover Latif, 2013), develop mastery with critical concepts (Mehta et al., 2013), and reduce gaps in student knowledgeRead MoreTrends Issues and Policies in Philippine Education 15257 Words   |  22 Pageseducation system can be described as a dynamic one. It has undergone several stages of development from the pre-Spanish era to the present. Dating back at the pre-Magellanic period, the Philippine education was informal, unstructured and without method. Learning was more experimental than theoretical. During the Spanish era, education was done by missionaries for the elite and for religious instruction. The enactment of Education Decree of 1863 marked the beginning of primary education for boys and girls

Wednesday, December 11, 2019

Juvenile Delinquency and Society Essay Example For Students

Juvenile Delinquency and Society Essay Throughout time, crime has played in an important part in the function of society. We see crime in the news everyday, in our communities, in our schools, and in some cases, even in our immediate families. Which reaches out and takes a stranglehold on the human-interest angle of the general publics mind, and makes us become enveloped in the thought processes of the modern criminal. Along these lines, the fascination with delinquent behavior and the mind of the delinquent has prompted the development of numerous theories, and the continuous, yet rigorous, study of youth behavior. But only recently has the concept of juvenile delinquency become an issue in the way crime among youth is viewed. Our society tends to hold children in special regards in most cases, and the implementation of the juvenile court system led to the development of specific theories such as neutralization, labeling, and social control theories, by people which had a first-hand interest in these juvenile delinquency cases. These theories help investigators, parents, family, peers, and the community, to better understand why our children do what they do. For years, factors such as gender, race, age, and social class, have been the dominant force in research studies to explain the juvenile delinquent and their actions (Hewitt and Regoli, 2000). The culture that exists today is different than the American culture twenty years ago, and in twenty years from now, American culture will have yet again, undergone a similar reconstruction. Trends in our daily trials and tribulations, affect how a youth will choose to live his or her own life, whether or not they choose what is right or wrong, or stray from the path of being a model citizen. These factors and how they interact with the relation of the theories of neutralization, labeling, and social control, is crucial to our situation, with fifteen year old Matt, who is of lower class status, and has seen himself involved in the theft of an automobile. To further evaluate this crime, Ill begin to apply these mentioned theories to explain this specific incident. In our example of the neutralization theory in regard to this crime, Matt has stolen a car, and when it comes time for him to pay the piper, or face the effects of his criminal act, more than likely, he will use some sort of neutralization technique to justify his actions. The five neutralization techniques are 1) denial or responsibility, 2) denial of injury, 3) denial of victim, 4) Condemnations of condemners, and 5) appeal to a higher loyalty (Hewitt and Regoli, 2000). As a delinquent youth, Matt comes from a lower class family, therefore, he could state that he stole the car because he needed it more than the owner. He could also state that his crime was committed just for fun. By doing this, Matt is using a very common aspect of this theory otherwise known as, a technique of neutralization (Hewitt and Regoli, 2000). Matt could very well assert that since he is a juvenile he is not going to held responsible for his actions, that the act may be ignored in the American justice system, though he is forgetting about the juvenile court system. The next technique he could use would involve the denial or injury, although it is still deemed a criminal act, no one was hurt in the actual crime. The delinquent neutralizes the crime by using such techniques as an explanation that can allow for exceptions to be made (Shields and Whitehall, 1994). To apply the fourth neutralization technique to this crime, Matt could possibly blame his parents or friends for his behavior. By placing the blame or cause for the crime on someone else, Matt is able to compare his behavior to that of the person that is reprimanding him, along with whatever positive or negative influence they may have. In further defense of his criminal act, Matt is also susceptible to the fifth neutralization technique, which would allow him to ma ke his act seem somewhat appropriate by stating, for example, that his family needed the car to take a sick family member to the hospital. .ua48117384ee89dcc50aac31294afdb04 , .ua48117384ee89dcc50aac31294afdb04 .postImageUrl , .ua48117384ee89dcc50aac31294afdb04 .centered-text-area { min-height: 80px; position: relative; } .ua48117384ee89dcc50aac31294afdb04 , .ua48117384ee89dcc50aac31294afdb04:hover , .ua48117384ee89dcc50aac31294afdb04:visited , .ua48117384ee89dcc50aac31294afdb04:active { border:0!important; } .ua48117384ee89dcc50aac31294afdb04 .clearfix:after { content: ""; display: table; clear: both; } .ua48117384ee89dcc50aac31294afdb04 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ua48117384ee89dcc50aac31294afdb04:active , .ua48117384ee89dcc50aac31294afdb04:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ua48117384ee89dcc50aac31294afdb04 .centered-text-area { width: 100%; position: relative ; } .ua48117384ee89dcc50aac31294afdb04 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ua48117384ee89dcc50aac31294afdb04 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ua48117384ee89dcc50aac31294afdb04 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ua48117384ee89dcc50aac31294afdb04:hover .ctaButton { background-color: #34495E!important; } .ua48117384ee89dcc50aac31294afdb04 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ua48117384ee89dcc50aac31294afdb04 .ua48117384ee89dcc50aac31294afdb04-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ua48117384ee89dcc50aac31294afdb04:after { content: ""; display: block; clear: both; } READ: Waleed Allohabi Essay Any one thing that Matt could .

Wednesday, December 4, 2019

Comparative Commercial Contracts-Free-Samples-Myassignmenthelp

Questions: 1.List and Explain briefly each of the Components required to demonstrate that a binding Contract exists. 2.Does a Contract have to be in writing to be Binding? 3.What is a Formal Contract? Explain the formalities of such a contract and give two examples. 4.Analyse this Issue Lotto Company in terms of Contract law 5.Why is it Important under law to Distinguish between a party who is an agent for a principal, from that of an Independent Contractor? Answers: 1.Elements of a Binding Contract- Contracts can either be written or oral depending on the key elements which must be present; offer acceptance and consideration with the intention of creating an agreement which is legally binding. Also,there should be capacity and legality. Offer- An offer is made when one party proposes and is accepted by the other party. This should be distinguished from mere intentions to negotiate. It is a forbearance or a return promise, for the exchange of performance for the promise. It demonstrates the willingness to enter into the bargain so that the other party's willingness is justified as a conclusion of the agreement. An offer should have terms which are certain and intent to enter into a contract (Cross, Miller,2012) There should also be acceptance which is a definite and unconditional agreement set out in the offer. It can be written or oral, and has to reflect the originally made offer. Consideration- the parties to the contract must receive something of value or significant, in which in the absence of such a thing, they would be disadvantaged. Capacity- capacity covers mental capability of a person to enter a contract. It covers infancy and mental competence to enter into a contract. If one of the parties does not have the mental competence to sign a contract, then a contract will not be binding. Similarly, those considered as children under the law, mostly 18 years and in other countries like America 16 years are considered to lack capacity to consent and hence enter into a valid contract. Intention to be legally bound by agreement- There should also be the intention to create binding relations. If a person A promises person B to give them money so as to go somewhere together, and person A fails to give money to B after going together, then person A cannot be sued for the money because their intentions at the promise were more of social as opposed to creating an agreement which is legally binding (Bowrey, Handler, Nicol, 2015).. 2.Do Contracts have to be in Writing to Be binding A contract can be oral or written, but certain contracts are not binding and enforceable unless they are in writing. Such contracts include contracts of sale and buying of land and mortgage contracts. Agreements of sale and finance credit agreements for consumers. Most oral contracts are enforceable but difficult to prove the details of the agreement. If an agreement is not in writing, the elements of a valid contract should be fulfilled. In Gordon V Macgregor (1909) 8CLR 316, High Court of Australia the CJ held that when an oral contract is entered into in writing then the written contract is the only evidence which will be administered in court, unless it is proven that the written contract did not embody all the factors in the agreement (Ayres, Ayres, 2012). Oral agreements are generally legally binding as long as they are conscionable, made in good faith equitable and reasonable. Oral contracts also require consent and mutual understanding where both parties are aware of what is going on. If for example a person hires a cleaner, both parties should know how many rooms are being cleaned. Oral contracts are difficult to enforce because they present many difficulties. Other contracts are silent and do not even require words like going to a convenience store and purchasing bread. Written contracts have some advantages; they are definite and clear, and the signatures of both parties are in record to show the intentions to be legally bound. To sum up, when there is good faith when parties come into a transaction, it important that a contract is put into writing so as to avoid disputes. The parole rule of evidence prevents outside evidence on oral agreements where there are no ambiguous aspects. In Joachim V Weldon 1962 OK 276, the court held that if an oral contract is to be enforced by a court of equity, the evidence should be clear, forcible and content in a way that there is not reasonable doubt as to the terms of the contract. The judicial preference is to use the aspects of written contracts. When a contract is written, most of the aspects which should be construed are out of the window (Latimer, 2012). 3.Formalities of a contract A formal contract is a contract which contains the necessary elements of a contract and is put into writing. An informal contract does not necessarily contain all the necessary elements of a contract and can time be oral. The difference between the contracts is how enforceable they can be in a court of law. Most cases do not require contracts to comply with formalities. However, there are certain impositions by the statute in particular contracts. The statute of Frauds 1677 UK provides the requirements for such contracts. In Australia, formalities to protect consumers require that consumers are given copies of contracts as a term to make proving such contacts easier. In contracts for the sale of land, they should be written and signed by the parties involved according to Section 126. If such dispositions are not put into writing, an action cannot be brought against a person. This is seen in the Victorian Act Instruments Act 1958 (Vic). Accordingly, consumer contracts and contracts of guarantee require written and signed agreements before an action is brought against a person. If there are two different notes of the memorandum, they can be joined together if there is a signature on one note and terms in the other. However, there must refer to each other by implication or expressly. This is seen in Elias v George Saheley Co Barbados Ltd (1983) 1C AC 646 where the document can include a mark or a sign of the individual to show the contract or document was recognized by the parties, by putting a mark. If the requirements of 126 are not met, then a contract is considered invalid (Mehta, 2012) In Australia, formalities generally exist to prevent fraud. However, in the doctrine of part performance contracts are enforceable in part despite non-compliance with the necessary formalities, as we see in the case of McBride v Sundland (1918) 25 CLR 69. However, difficulty arises in determining acts which constitute such performance. Commercial contracts should be written or recorded in documents. If a contract is written, it should be signed by the parties to an agreement or on behalf of the parties. Contracts are usually signed at the end of the document by convention. However, parties can choose how the contracts will come into effect without formal signatures or when faxed signature pages are exchanged. If there is a deviation of the custom form of entering the contract, it is important that parties record an agreement to that effect to have evidence of the agreement to that effect. Many options exist nowadays including digital signatures. If such signatures are used on a draft contract, then the contract will be effective. The instinctive preference would be to use the digital signatures while sending an email; such would require a conscious effort than just logging into a person's computer and sending their email. IP assignments need to be in writing and should be executed as conveyancing documents, deeds, and real property. Under English laws, these are rather exceptions than a rule. 4.The issue in this scenario is whether the lottery price should be shared between the contributors of the ticket A gambling contract is a contract which there is the performance of one party which is contingent on the outcome of a bet which is enforceable in most jurisdictions by statute. The scenario given is an example of a gaming and gambling contract. When the price is paid and there is a winning lottery, the person who pays and wins owns the money prima facie. However, in the scenario above, everyone contributes $2 to the lottery ticket which wins. One group is tasked with buying the ticket, and upon winning the purchaser does not feel like the rest of the members need to have a share in the price. From the above scenario, we see a verbal contract which can be difficult to prove because the court cannot precisely determine what took place. This, however, does not mean that the court will not enforce the contract. The risk in the scenario is the ambiguity of the contract and the burden of proving what transpired between the interested parties. So we see a group of people having the burden of proving that they had a share in the prize, and they have an equal share in the prize. Therefore, it is just not a social arrangement ( Kozolchyk, 2014). The group can prove interested in the prize, by demonstrating their intentions at the paying of the $2.which was that all parties benefit equally if any prize is won. Therefore, if they can prove that, it will be the courts job to decide whether there was a formation of a contract and the stakes of the parties involved in the process. The court will further decide if a breach occurred and whether the parties are entitled to damages, like specific performance, where whoever holds the money gives everyone in the group their entitled amount. The only problem which may arise is if the parties are not able to clearly identify and point out the terms of the agreement. Therefore, the parties are entitled to the expected sum, if they can prove there was the existence of an oral contract. 5.Implications of a principal agent relationship and that of an independent contractor An agency relationship is a fiduciary relationship where the agent acts as if it were the principal acting. There is a manifestation of consent in agency relationship where the agent is subject to consent and control of the principal. The instructions of the principal are binding on the agent. Also, the actions of the agent are binding to the principal. An independent contractor uses their own equipment and resources in carrying out their work. The terms of a contract are binding to the independent contractor. The acts of an independent contractor, as opposed to the agent, are not binding to their employer. AN independent contractor also carries out duties and functions independently, and they are not controlled by their employees, and their omissions or acts are not binding to their employees. An agent also works to benefit the principal and even makes third party contracts on behalf of the principal. An independent contractor works for their employee and receives payment for the wo rk done; and just works to fulfill their duties (Hammer,2016). An agency relationship could be apparent or implied authority. Implied or apparent authority can be assumed by an outsider where it appears as if there is the authority. Consequently, the company or principal will be prevented from denying the existence of such authority. For apparent or implied authority to be asserted, someone with actual authority should represent the person's authority by appointment to a certain position or allow such person to carry out certain activities. In appointment to a certain position, in the daily running of a company, the director binds the company while implementing daily running of company activities. An example of allowing someone to carry out certain activities is the activities of directors or senior executives over time are binding to a company. In agency, however, the agent has to act within the limits of the given authority, and if they act ultra vires, they can be liable for activities which are carried out outside the given authority. If a m anager is given the mandate to act as a manager their mandate does not extend to selling the entire company. In agency relationship also, the agent can be liable for not performing due diligence while carrying out their day to day activities. The agent also has the duty to not let their interest conflict with the principal, not to disclose confidential documents, not to make secret profits and not to delegate authority Braun, Starlinger, 2011). In Independent contractual relationships, have wide discretion in carrying out their activities, they can make decisions outside the employer's knowledge. References Anderson, J. (2011). Sports Betting: Law and Policy (Northern Ireland). In Sports Betting: Law and Policy (pp. 602-627). TMC Asser Press. Anderson, P. M., Blackshaw, I. S., Siekmann, R. C., Soek, J. (Eds.). (2012). Sports betting: law and policy. TMC Asser Press. Ayres, I., Ayres, I. (2012). Studies in Contract Law. Foundation Press. Bowrey, K., Handler, M., Nicol, D. (2015). Australian Intellectual Property: Commentary, Braun, I., Starlinger, A. (2011). Sports Betting. 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