Monday, September 30, 2019

History of Economics Essay

Economics is the constituent of social sciences which studies the economy and its elements. The main elements of economics are production, distribution, and the consumption of certain goods and services. And its main objective is to allocate the scarce resources effectively and efficiently. Scarcity refers to the economic concept that reflects that the resources are insufficient to full fill the wants and needs of all the people. In this paper the concepts of surplus and its effects on the economy would be discussed. Surplus is the situation in which an excess of something is achieved. For example the value or the amount provided after the requirement for something is satisfied or the remainder of particular thing after the purpose is met (Danielson, 1994). The industrial take off in the 18th century was considered due to the need which was developed to produce in excess. The industrial revolution which was brought forward was the result of an influence made by the capitalists regarding the generation of sufficient surplus as the source. This idea developed the concept of producing more than one requires. Europe is considered as the leader for the revolution as it had the sufficient supply of resources to cope up with the increasing demand for the growing industries. The main purpose of developing industries was to produce and cope of with the demands of product by the people. Previously there was no concept of producing more than one required to satisfy the need for one self only. But as the people started to become more and more liberal the concept of producing more than required was built. Industries with there extensive research and resources started developing goods and services to gain more profits and to satisfy the needs and wants of the prospects. This reflects the role of surplus in the development of industries in the late 18th and the 19th century, which came out to be the main cause for the change in the methodology used previously for production. (Danielson, 1994) Francois Quesnay is another great scholar known to have made contributions in the economic studies in the era before the eighteenth century. He published the Economic Table which aided in explaining the working of the economy, and which is considered as one of the first attempts made to the economic thought. In the table he described three classes, landowners, farmers, and the sterile class which he assumed consumed everything the farmers produced with no left over surplus. Quesnay assumed that it was only the farmers that could produce a surplus, and which could be used in the next year to produce more and aid in growth, and he emphasized more on the agricultural sector than the manufacturing sector which has not yet developed. This point of view of Quesnay differed from that of Smith in regards to a surplus in the economy (Kurz & Salvadori, 1997). Proceeding to the history of economics, the person who is known as the father of modern economics was Adam Smith. The concept of the well being of the society and the economy by the description made upon rational self-interests. Smith addressed upon bringing nation’s prosperity through the means of improvement in the methods of production in his book. He claimed that the surplus in production could be in general and not only in the agricultural sector. And to conceive higher profits it is required by the industries to gain surplus as profit is to be considered as the second component of it. For which achieving surplus would result in recovering cost effectively (Kurz & Salvadori, 1997). Jean-Baptiste Say was a French business man and an economist in the early eighteenth century. He was the originator of the Say’s Law which describes that the supply creates its own demand, and the supply is not influenced by demand and supported the free trade and competition, and the lifting of restraints levied on the businesses. Say emphasized upon the concept that the supply creates its own demand, because he believed that the person’s ability to demand products is dependent on his disposable income which he generates from his own attributes in production. His point of view regarding surplus was similar to of Adam Smith in context that he accepted the concept that the surplus could be achieved in any product. Insufficient demand could be due to a misdirected production and result in an excess of a product in the market known as surplus. This perception of Say made his views different from that of Smith and Quesnay. Wood & Kates, 2000) Proceeding to the conclusion to the different view presented by the three scholars Francois Quesnay, Adam Smith and Jean-Baptiste Say, it can be deduced that all had different perspectives according to their era with reference to surplus. Quesnay had a different set of mind and assumed his theories based upon the industries present at his time. Smith and Say were present in the similar time but had different aspects surrounding them. For which their theories differed from each other, but had similarities, because of being situated in identical time period.

Sunday, September 29, 2019

Children relationship with adults

By considering children age groups and cultural differences, I shall explore the various approaches taken to building relationships with adults at different stages and discuss the influences and effects it has on a child's development. I will also demonstrate the ways in which understanding children's development contributes to building positive and successful relationships. Children have emotional needs and are able to express and communicate them from birth. As research has shown â€Å"In order to have a secure base from which to explore the world, be resilient to stress, and form meaningful relationships with adults, babies need a primary adult who cares for them in sensitive ways and who perceives, make sense of the responds to their needs†. This attentiveness approach of interaction in a child's early stages of development forms a bond of trust, promoting confidence and self-esteem within the child, which would contribute in building meaningful relationships with adults around him/her. (from However, different circumstances and experiences do not always allow adults to respond to the child's needs accordingly, which can have a huge influence on a relationship. For example, Charlotte had a traumatic start in life as a consequence of her parent's separation shortly after her birth. She was frequently moved between the two parents and lacked the appropriate care and attention she needed in order to form a secure bond. Her parent's â€Å"were too busy fighting and arguing†¦ worry about the children,† Charlotte's mother, Emma, recalls. Emma also assumed and hoped that Charlotte â€Å"won't remember that far back†¦.because she was too young†, which indicates Emma's limited knowledge and understanding of child development. As the relationship between Emma and Charlotte was unpredictable, inconsistent and unstable, it resulted in Charlotte feeling very insecure and uncertain of her mother's love. As we learn from ‘The Strange Situation Test' (Understanding Children (2007) DVD Band 2) and by the age of two, Emma describes their relationship as â€Å"a constant battle of wills†. Young children are subject to constant and inevitable changes, which would influence their development. For instance, the transaction of children into the reception class in school is a major change, where the expectations and values they gained at home are challenged (Rai and Flynn 2004, p.86). This can have a negative affect on a relationship between a child and his carer, where the child is struggling to adjust to its new surroundings and his/hers behaviour becoming challenging, since many children become unsettled when starting school. (Rai and Flynn 2004, p.63). As young children at this stage of development have limited experiences, talking about their feelings, their fears and concerns can come out in ways that can be misunderstood and misinterpreted by the adult as misbehaving. For example, Ryan's reluctance to keep to a specific bedtime caused problems in the relationship with his parents. During the parent strategies exploration of responses to deal with the child's difficulty, Jodie and Eamon's approaches to the ‘problem' were different. Initially they inflicted power over Ryan by threatening to smack him, shouting and punishing him, which resulted in a conflict in their relationship. On seeking advice, they discovered a more collaborative approach, such as spending special time with Ryan before bedtime. By doing so, it promoted his confidence and encouraged him to express his feelings, which enabled Jodie to have a better understanding of Ryan's thinking process. This account demonstrates the significance of experiences that occur in a child's life, which should not be underestimated by the adult. It also shows, that in order to resolve family conflict it is best to have a direct and open communication where young children are concerned, which helps in achieving a successful relationship. (Rai and Flynn 2004, p.84-85) As with the parents, schools also have a responsibility to deal with children's emotional welfare, as well as their physical health and are encouraged to do so by using activities, which enable children to understand their own feelings and by building their confidence to learn, such as ‘circle time'. (Rai and Flynn 2004, p.105 {DfEE, 1999, p.16}) This approach focuses on the children themselves, contributing to their self-esteem through development of their listening, speaking and co-operation skills. By using this activity the children's relationship with their teacher is built on trust and respect. (Rai and Flynn 2004, p.106) As children grow and become young people, they are expected to take on more responsibilities at home as well as spend more time on schoolwork. Involving children with different chores around the household would help them gain independency by developing a range of skills. Activities' such as, cooking, cleaning, shopping and even looking after other members of the family, helps children develop their communication, intellectual, self-help and practical skills. (Rai and Flynn 2004, p.144) In considering cultural differences, South Asian children are also expected to contribute to the family economy, which helps to develop their business skills. For instance, Sammy is expected to help out in the family take-away business and accepts this as part of her cultural up bringing. (Rai and Flynn 2004, p.137). Furthermore, in societies where the main concern of the family is survival due to poverty, children work alongside adults by necessity (Rai and Flynn 2004, p.65) as we can learn from Bilkis's and Tinco's daily lives. (Understanding Children {2007} DVD band 6) However, with these great expectations of expanding children's responsibilities, parents are still reluctant to involve children with matters that affect their lives due to their limited life experiences. (Rai and Flynn 2004, p.116-117) Nevertheless, studies have shown that by this age, children understand and accept the complexities of family life and want to be part of this, by being consulted and want to participate in decisions making. (Rai and Flynn 2004, p.133). Therefore, in order to maintain a successful relationship, it is crucial for adults to understand children's needs as well as their responsibilities by maintaining an open communication and not taking children's contributions to family life for granted. Conclusion Building successful relationships with children is a complex process. It requires patience and attentive care by adults from infancy through to adulthood. By understanding normal child development, it enables the adult to respond to the child's need positively and establish a secure attachment. Furthermore, as children are subjected to constant changes, their adjustment to these changes is determined by understanding, the expectation and approaches of the adult, in order for the child to deal and respond positively. To achieve this, adults must maintain open and consistent communication, which will contribute to the child's confidence and self-esteem where they will feel valued and important members of society. Therefore, to achieve successful relationships with children, it is crucial for caretakers to have an understanding of child development. Word count: 1,144 Task 2 Since I started this course, I feel that my organisational and efficiency skills have improved through learning to work under pressure and to a deadline in producing and submitting an assignment. I must say that during this course, the concept and understanding of academic studies, such as writing and structure of an essay, was a real eye opener for me, as in my past studies where children are concerned, my written evidence findings were based on own practice and personal experiences. The strengths of my study skills are in understanding the written materials. Being a single mother, I not only relate to the course subject ,but I have also gained positive and negative feedback from my own experiences in raising two young boys from the given information, as I am essentially living and practising it. With the help of my tutor's written and telephone feedback, my academic writing skills have improved considerably from the first to the second essay. However, I feel I have only touched the surface and still find it difficult to gather and select relevant evidence to back up my work, which I consider to be my weakness. In order to make further improvements, I would like to continue to undertake further relevant academic courses and develop my confidence with writing skills, as it is said, ‘practice makes perfect!'.

Saturday, September 28, 2019

The Identification by Roger Mcgough Analysis

â€Å"The Identification † by Roger McGough Is a poem in which there is a Character for whom I feel sympathy. I will explain why I feel sympathetic towards that person, and what particular words and phrases the poet uses which mad me feel this way. The poem is about a boy named Stephen, who was tragically killed in an explosion. His father is called to the police station to check if that's his son. His father's hopes are shattered as nearly all the evidence proves that it is Stephen lying in front of him. The poet uses many words and phrases which makes me feel sympathy towards Stephen's father.When Stephen's father enters the room, he says, â€Å" So you think it's Stephen? Then I'd best make sure. Be on the safe side as it were. † I sympathies with Stephen's father here because he is very nervous about seeing the body for the first time. His use of cliche emphasis his anxiety about the strong possibility that his son is no more. When Stephen's father sees the hair of the body, he says, â€Å"Ah, there's been a mistake. The hair you see, it's black, now Stephen's fair†¦ † I feel for the man here because when he sees the hair his hopes are raised that the body in front of him is not his son's.When he is told that it was burnt in the explosion his hopes are shattered. â€Å"Burnt black † emphasis on the painful injuries Stephen must have suffered. This is an awful thing to experience as a parent. The poem goes on as Stephen's father is getting more tense about Stephen. When the face of the corpse is revealed, Stephen's father says, â€Å"The mask of charred wood, blistered, scarred-could that have been a child's face. † I feel sympathetic towards Stephen's father here as he was shocked to see the child's face.I can imagine how dreadful this must have been for Stephen's father, as no parent would even dream of their child in this situation in this state. Describing Stephen's face as a mask of charred wood emphasis that his face is completely burned, that his father can't even recognise him. The corpse clothing is recognised by Stephen's father, â€Å"The sweater, where intact, looks in fact all too familiar. † I sympathies with Stephen's father here because once he was picking clothes for his son and now he is picking his son based on that small piece of clothing. This is a fearful thing to do as a parent.Stephen's father continues looking for evidence which would prove that the boy in front of him is not Stephen. When Stephen's dad saw the scoutbelt, he said, â€Å"The scoutbelt. Yes that's his. I recognise the studs he hammered in † This shows that Stephen's is familiar with the scoutbelt as not a single person will have the exact same scoutbelt. This makes Stephen's father feel frightened as the body could be Stephen's. â€Å"Not a week a ago† suggest that he never knew this would happen to his son. His dad talks about his addiction to clothes, â€Å"When boys get clothes-cons cious ow you know. † This is one of the most heartbreaking part as this shows, that Stephen was a young teenager when this accident happened to him. I feel sorry for Stephen's father as his heart must be broken in to million of piece. As the poem moves on, Stephen's father examines the body more carefully. At the point when Stephen's father is really scared, he says, â€Å"Pockets. Empty the pockets. Handkerchief? Could be any school boy's. † Stephen's father can't find a splinter of hope to convince him that his son is out there missing.Stephen’s father says that the handkerchief could be any school boys because at the time when this poem was written every kid had his own handkerchief. Something else catches his eyes, â€Å"Oh this can't be Stephen. I don't allow his to smoke you see† I can imagine how Stephen's father must have felt when he saw the cigarettes. Stephen's father thought his relationship with Stephen was really close, â€Å"he would disobe y me†. But we know that Stephen broke his father's faith and trust in him by smoking behind his father's back.Stephen's father hopes are keep on getting shattered as more and more things are belonging of Stephen's. When Stephen's father saw the penknife he said, â€Å"but that's his penknife. That's his alright†. This makes me feel really sorry for Stephen's father as all the evidence are going against him. The feeling which Stephen's father is experiencing at the moment are the worst feeling a parent can have about their child. Then the key ring comes up, â€Å"And that's his key on the key ring. Grant gave him just the other night. †This makes me think that how on earth will Stephen's father tell his mum and wife what happened to Stephen. As Stephen was really close to his gran, that she gave him a key to her house, so that he can see her whenever he wants. Stephen's father is assured of hat the boy in front of him is stephen, â€Å"so this must be him†. This makes us think that Stephen's father's world is shattered. As the main thing in his life left him. In the final verse, Stephen's father accepts Stephen's flaws and starts making excuses about his cigarettes, â€Å" No doubt that he was minding them or one of the older boys. † His father says this so that no one thinks badly about Stephen and to make himself believe that his son didn't disobeyed him. In the last three lines, Stephen's father says, â€Å"Yes that's it. That's him. That's our Stephen. † This makes me feel sympathy towards Stephen's father as he accepts the fact that his son is no more. I can imagine that this must have been the hardest thing to do as parent. Stephen's father is the person for whom I feel sympathy for and I have explained why I feel sympathetic towards him.

Friday, September 27, 2019

History Research Paper - Lincoln and Zinn's Point of View about Essay

History Research Paper - Lincoln and Zinn's Point of View about Slavery - Essay Example Lincoln lived at central Illinois until he became the United States president in the year 1861. At the time of his birth, more than one fifth of the population of Kentucky consisted of slaves. Most of these slaves worked on the Ohio River or on small farms. At this time, Kentucky was a significant crossroads of the slave trade. Lincolns’ farm was located along the road connecting Nashville and Louisville, along which peddlers, slaves and settlers regularly passed. Therefore, he grew up in an environment where slavery existed and where racism and all forms of antislavery sentiments thrived. It is since this time that Lincoln developed a negative attitude towards slaves. He pointed out that he is naturally anti-slavery. He argued that if slavery is not wrong as proclaimed by other people, then there was nothing wrong in the entire world. When he grew up and became a famous politician in Illinois, the collective experiences of his life contributed to his occasional critic of slav ery. Lincoln’s real encounter with slavery was in the year 1828 and 1831 when he assisted in transporting farm products for sale in the area of New Orleans. Their trip clearly showed the division that existed between slaves and those societies which are free. There were various economic activities taking place in the entire region. The slave system of trade was on the rise since people needed them to work in plantations. The clash between the societies due to slave and free labor dominated the American life and this extremely shaped Abraham Lincoln’s political career. Lincoln was not happy when the Congress passed the Kansas Nebraska Act in the year 1854. By passing this legislation, there was a possibility of increasing slavery in the lands where it had been discouraged. Lincoln considered the legislation immoral. He held the view that America’s founders through their efforts to stop slavery had prevented its spread to other regions. Stephen Douglas who was a D emocratic Senator had sponsored this act which did not go on well with Lincoln (Holzer 57). In his speech in acceptance of the senatorial nomination on 16th June 1858, he pointed out that Douglas, Franklin Pierce (a former president), and Chief Justice Taney Roger among others had agreed to nationalize slavery. In his speech, he also pointed out that their country would become all slaves if they are not careful with the decisions of a few individuals. He urged his listeners to fight it since if they are divided then they could not win the war against slavery. In 1830s, Joshua Speed and Lincoln met in Springfield, Illinois. Even though, they separated when Speed returned to Kentucky which was his native land, they remained close friends throughout life. Lincoln differed with Speed concerning slavery even though Speed had been brought up on a plantation with slaves. They communicated on several occasions and in his letter to Speed in the year 1855, Lincoln pointed out several reasons to why he disliked slavery. He was responding to Speed’s letter of 22nd May 1855. He reminds Speed of their trip from Louisville to Ohio in the year 1841, when there were a dozen of slaves on board. He points out that that sight was a torment to him, and he always sees something of the same kind when he goes to Ohio and any other slave border. Slavery makes Lincoln miserable, and he can not afford to avoid rebuking it in the strongest

Thursday, September 26, 2019

Criminal Theories of Crime Essay Example | Topics and Well Written Essays - 3000 words

Criminal Theories of Crime - Essay Example Criminals spend too little time in prison and they have too good conditions there. In many countries, as in Poland, there isnt death penalty, however it would help us to stop increasing violence and crime and it would be a warning for criminals. Another problem is that often the homeless commit crime to go to prison because they have food free of charge, bed, TV and other entertainments. I think that our government should be more interested in these people and try to help them (give them places to live, meals). Everybody knows that many crimes are committed by teenagers. They often want to have more friends and they decide to commit a crime to impress them. The young also try to stay against their parents, they want to get money without work and to be independent. TV has huge influence on their behaviour. It shows them the world full of crime and brutal sex, without friendship, love and other important feelings in many thrillers and crime series. It isnt strange that after watching a film, like "Pulp Fiction" or "Rambo", crime may seem funny to teenagers. In cartoons there is also bad behaviour, for example a main hero of this film beats others. In films an actor doesnt die but in real life people do. Our society nowadays is divided into classes: rich, well-to-do, poor. Poor people, who start their life in poor families or families with the problem of alcoholism, need money and may attack rich (or well to do) people to get money. They usually hate them, because they also would like to live in beautiful villas and have expensive cars. It may be next cause of attacks on people. In the case of social disorganization, anomie, differential association, and rational theories, there are many similarities as well as, subtle differences. The first theory to look at is social disorganization theory. The Social Disorganization Theory provides that if relationships in the family and friendship groupings are good, neighborhoods are stable and cohesive, and

The Politics of Organisational Change Essay Example | Topics and Well Written Essays - 2500 words

The Politics of Organisational Change - Essay Example This is a change from transactional leadership, a traditionalist governance system where rewards are strictly contingent on performance from a functionalist perspective. Trust-based philosophies in transformational leadership are designed to foster job role autonomy and flexibility, thus promoting employee freedom to ensure dedication and loyalty to meeting organisational objectives. The multiple constituencies perspective is inter-linked with chosen management philosophy as it relates to connecting with subordinate personnel with recognition of emotions and psychological needs related to their decision-making power in the organisation. It is not until these needs are satisfied that change can be enacted successfully as constituencies in the organisation respond according to perception of politics rather than the tangible realities of change, politics and organisational design. The politics of change and psycho-social considerations The multiple constituencies approach to organisational development recognises the foundations and validity of the psychological contract as a template methodology for enacting more consensus-based organisational changes. This post-modern approach to managing people and leading them through organisational change practices rejects unitarism as a viable management strategy, a system of governance that is centralized and control is established through non-consensus governance actors (Grieves). Effectively, in order to attain commitment and adherence to change practices, the subordinate constituency must be granted recognizable power-sharing opportunities throughout the change processes to promote perceptions of autonomous working environments; a lean toward organisational democracyÃ'Ž. However, in order for a legitimate and true democracy to exist, it must sustain seven distinct characteristics. These are freedom, openness, trust, transparency, fairness, equality and accountability (Bar rett 2010). â€Å"If there is no consensus within organisations, there can be little potentiality for the peaceful resolution of political differences associated (with change)† (Almond and Verba, p.251). Planned change, such as the push and pull factors identified through Force Field Analysis, dictate the need for negotiated strategies in order to maximise positive change outcomes. For instance, when fear of change is identified as it relates to a specific change goal, fear can be mitigated through more effective interpersonal communications between governance and subordinate work teams or promoting job security as part of the psychological contract. In this case, the leadership of the organisation appeals to the foundational needs of employees as identified in the fundamental Hierarchy of Needs promoted by

Wednesday, September 25, 2019

Virtual Tours vs. Written Word Assignment Example | Topics and Well Written Essays - 1000 words

Virtual Tours vs. Written Word - Assignment Example One can only explore the virtual world to the extent of seeing the physical features of the place. This limits the experience compared to actual visits. For this reason, virtual tours are very good in the marketing of a place to other people. The rough feel of a place can be. Travel agencies and countries can, therefore, manipulate the technology and use it to promote their own country’s tourism industry (Griggs 2014).  There are different companies whose version of virtual reality is as precise as Sony’s 3D glasses. Google maps, for example, has a classic simulation of the United States of America. A person that has not been to the continent can easily search a state, and get a precise version of the place. It is important to note that the difference in the way that the company has simulated the place on the ground is different from the actual reality. However, the features that are on the ground are very accurate.   The technology is far from completion. Scientist s are working on n audio version of virtual reality to complement the video functionality. The technology is called binaural audio. One of the most impressive features of this technology is that the sound that one hear is produced by simulating the process that humans have when hearing their reality. The resulting a replication of the sound that is in the real world. One of the most impressive features of this technology is its ability to capture the sound in the same way that the human ear capture sound. It is by far the most important and technologically advanced means of hearing things.

Tuesday, September 24, 2019

Sustainable Development Essay Example | Topics and Well Written Essays - 1000 words - 1

Sustainable Development - Essay Example Every person wants to raise his standard of living above the minimum level of sustenance but the resources provided by nature are limited. Limited resources may include the finite ones like land, drinking water and petroleum. Along with these there are intangible resources like the deterioration in quality of water, productivity of land and so on. Hence by these two arguments, one can easily judge or evaluate sustainable development in terms of political, technical and social and even environmental development. This difference between available resources and level of needs to be met has driven human beings to engage themselves in erratic interaction with the nature. This erratic interaction almost in all the cases has led to the deterioration of the future generation’s quality of life. When the natives of Easter Island engaged themselves in severe destruction of the Palm forest, they seldom managed to measure the future atrocities that they had to undergo following their own action

Monday, September 23, 2019

Phase 3 Discussion Board Assignment Example | Topics and Well Written Essays - 1000 words - 1

Phase 3 Discussion Board - Assignment Example The situation becomes more challenging when it involves the introduction of a new product in an already existing marketing with various previously existing competition. This will require the consideration of particular product features in order to introduce a product strategically thereby winning a substantial marketing share (Parente, 2005). Among the issues to discuss in the lunch meeting will include the marketing mix, a tool used by marketers to evaluate the profitability of the product or service. Promotion is an essential element in the marketing mix. It refers to the increase of product awareness among a target market thereby increasing the chances of the product purchase. The basic tool used by marketers in promoting a product is its name. In this case, the product has no name thereby requiring the marketers to determine an effective name that will help acquire a substantial market for the product. The name must have a sense of originality and exhibit the features of the product. Several other brands have operated in the market before, an original name must is not a simulation of the name of the other products. Such may result in legal tussles with the owners of the already existing products. The name must have an ease of pronunciation and have an attribute that links the products to the target market. Products that target children should have a rhythmic name that the children can pronounce and commemorate easily. The originality in the name will help distinguish the product from the rest and earn the product recognition from the mention of the name. After the determination of an appropriate name, branding becomes the second most important marketing role. Branding offers the marketers with a platform to advertise the product cheaply without incurring additional media costs. Branding refers to the labels that the marketers place on the packaging material on any product. A product looks pale and boring without a branded label on the packaging material,

Sunday, September 22, 2019

Describe the Expected Pattern of Children Essay Example for Free

Describe the Expected Pattern of Children Essay Gradually develops ability to hold up own head. Makes movements with arms and legs which gradually become more controlled. Rolls over from front to back, from back to front. When lying on tummy becomes able to lift first head and then chest, supporting self with forearms and then straight arms. Watches and explores hands and feet, e. g. when lying on back lifts legs into vertical position and grasps feet. Reaches out for, touches and begins to hold objects. Explores objects with mouth, often picking up an object and holding it to the mouth. Enjoys the company of others and seeks contact with others from birth. Gazes at faces and copies facial movements. e. g. sticking out tongue, opening mouth and widening eyes. Responds when talked to, for example, moves arms and legs, changes facial expression, moves body and makes mouth movements. Recognises and is most responsive to main carer’s voice: face brightens, activity increases when familiar carer appears. Responds to what carer is paying attention to, e. g. following their gaze. Likes cuddles and being held: calms, snuggles in, smiles, gazes at carer’s face or strokes carer’s skin. Turns toward a familiar sound then locates range of sounds with accuracy. Listens to, distinguishes and responds to intonations and sounds of voices. Quietens or alerts to the sound of speech. Looks intently at a person talking, but stops responding if speaker turns away. Listens to familiar sounds, words, or finger plays. 1 – 2 years Walks alone and stands on tiptoe Climbs on furniture and begins to run Builds a tower of six or more blocks Empties objects from a container Becomes aware of his or her identity as a separate individual May become defiant Becomes interested in playing with other children Separation anxiety begins to fade Speaks about 50 words Links two words together Uses some adjectives (big, happy) Speaks clearly enough for parents to understand some of the words Begins to play make-believe Begins to sort objects by shape and colour Scribbles Finds hidden objects 2 – 3 years Walks up and down stairs, alternating feet Kicks, climbs, runs and pedals a tricycle Builds a tower of nine or more blocks Manipulates small objects and turns book pages one at a time Imitates parents and playmates Takes turns Expresses affection openly Easily separates from parents Speaks 250 to 500 or more words Speaks in three-and four-word sentences Uses pronouns (I, you, we, they) and some plurals States first name Asks why questions Correctly names some colours Copies a circle Understands the concepts of same and different 3 – 4 years Stands on one foot for at least five seconds Throws ball overhand, kicks ball forward and catches bounced ball most of the time Dresses and undresses Uses scissors Cooperates with playmates Tries to solve problems May have a best friend Becomes more independent Answers simple questions Speaks in complete sentences Uses prepositions (under, beside, in front) Speaks clearly enough for strangers to understand Becomes involved in more complex imaginary play Prints some capital letters Draws a person with two to four body parts Understands the concepts of morning, afternoon and night 4 – 5 years Stands on one foot for at least 10 seconds Hops, swings and somersaults May learn to ride a bike and swim Brushes own teeth and cares for other personal needs Wants to be like friends Follows rules Understands gender Wants to do things alone Understands rhyming Uses compound and complex sentences Uses future tense States full name and address Uses imagination to create stories Correctly counts 10 or more objects Copies a triangle and other geometric patterns Understands the concepts of time and sequential order. 6 years Jumps over rope 25cm high Learning to skip with rope Tie own shoes Eager for fresh experiences More demanding and stubborn, less sociable Joining a ‘gang’ maybe important May be quarrelsome with friends Needs to succeed as failing too often leads to poor self esteem Reading skills developing well Drawings more precise and detailed Figure may be drawn if profile Can describe how one object differs from another Mathematical skills developing, may use symbols instead of concrete objects May write independently years Hand-eye coordination is well developed Has good balance Can execute simple gymnastic movements, such as somersaults Skills constantly improving More dexterity and precision in all areas Desires to be perfect and is quite self-critical Worries more; may have low self-confidence Tends to complain; has strong emotional reactions Understands the difference between right and wrong Takes direction well; needs punishment only rarely Avoids and withdraws from adults Is a better loser and less likely to place blame Waits for her turn in activities Starts to feel guilt and shame Read independently and with increasing fluency longer and less familiar texts Spell with increasing accuracy and confidence, drawing on word recognition and knowledge of word structure, and spelling patterns including common inflections and use of double letters Moving towards abstract thought Draw together ideas and information from across a whole text, using simple signposts in the text Read whole books on their own, choosing and justifying selections Engage with books through exploring and enacting interpretation 8 -12 years Movements well coordinated Physical skills improving Takes part in team games Drawings become more complex Friendship becomes more important Independence increasing More understand to self Concentration improves Able to read fluently May think scientifically Able to play complex games such as chess 12 – 19 years Hormonal changes Puberty Skin changes Growth spurts Body hair develops Girl; menstruates; breasts develop, hips broaden Boy; facial hair develops; voice deepens, growth of penis and testes Skills develops depending on interest and practice, for example play a musical instrument Adolescents start to think about the future and if motivated will use all their intellectual ability to achieve their educational goals

Saturday, September 21, 2019

Literature review of concepts and theories of Motivation

Literature review of concepts and theories of Motivation In the fierce era of competition, organizations nowadays are more emphasizing on the management of Human Resources (Robert. L, 2008). Motivation; a key strategy in Human Resource Management has helped practitioners largely enough to subject the term Motivation for a discussion. Steers et al. (2004), asserted that employee motivation plays a vital role in the management field; both theoretically and practically. It is said that one of the important functions of human resource manager is to ensure job commitment at the workplace, which can only be achieved through motivation (Petcharak, 2002). Based on these reasoning, this paper shall include analytical and empirical studies to reveal the discrepancies and feasibility aspect of the domain, as Rai (2004) put forward; motivation is crucial for good performance and therefore it is increasingly important to study what motivates employees for better performance. This section offers a review of literature, which explores the concepts, types and theoretical aspects including content and process theories, theories of motivation developed in other psychological areas as well as empirical evidences in organizational contexts. 2.1 Motivation Motivation is defined as a human psychological characteristic that add to a persons degree of commitment. It is the management process of in ¬Ã¢â‚¬Å¡uencing employees behavior. (Badu, 2005) Conversely, Bartol and Martin (1998) relate motivation to the force that stimulates behavior, provide direction to behavior, and underlies the tendency to prevail. In other words individuals must be sufficiently stimulated and energetic, must have a clear focus on what is to be achieved, and must be willing to commit their energy for a long period of time to realize their aim in order to achieve goals. However, other than motivation being a force that stimulates behavior, Vroom (1964) emphasized on the voluntary actions. Supported by Steers et al. (2004), Vroom (1964) defined motivation as a process governing choice made by personsamong alternative forms of voluntary activity. Similarly Kreitner and Kinicki (2004) assumed that motivation incorporate those psychological processes that create the arousal, direction and persistence of voluntary actions that are goal oriented. Quite differently from the other definitions, Locke and Latham (2004) identified that motivation influence peoples acquisition of skills and the extent to which they use their ability. According to the authors the concept of motivation refers to internal factors that impel action and to external factors that can act as inducements to action. The three aspects of action that motivation can affect are direction (choice), intensity (effort), and duration (persistence). Motivation can affect both the acquisition of peoples skills and abilities; and also the extent to which they utilize their skills and abilities (Locke and Latham, 2004). In a nut shell, different authors have put forward the concept of motivation differently. Nonetheless, these definitions have three common aspects, that is, they are all principally concerned with factors or events that stimulate, channel, and prolong human behavior over time (Steers et al. 2004). 2.2 Intrinsic and Extrinsic motivation Following Lakhani and Wolf (2005), Lakhani and Von Hippel (2003) and Lemer and Tirole (2004), the current scholarly thinking favors a framework that considers two components of motivation given by intrinsic and extrinsic components. Accordingly, Lawler (1969) intrinsic motivation is the degree to which feelings of esteem, growth, and competence are expected to result from successful task performance. This view bounds intrinsic motivation to an expectancy approach and expectancy theory which clearly indicates that intrinsic and extrinsic motivations summate (Porter Lawler, 1968). Moreover, as per to Amabile et al. (1993) Individuals are said to be intrinsically motivated when they seek, interest, satisfaction of curiosity, self expression, or personal challenge in the work. On the other hand individuals are said to be extrinsically motivated when they engaged in the work to gain some goal that is part of the work itself. As per to the author this definition of intrinsic and extrinsic motivation is based on the individual perception of the individual perception of task and his or her reasons for engaging in it. Moreover, Amabile et al. further argued that intrinsic motivators arise from an individuals feelings with regards to the activity and they are necessary to adhere to the work itself. Conversely, extrinsic motivators although they may be dependent on the work, they are not logically an inherent part of the work. Furthermore, in line with the concept of intrinsic and extrinsic motivation, De Charms (1968) suggest that external rewards might undermine intrinsic motivation. He further proposed that individuals seek for personal causation and because of the desire to be the origin of his behavior; man keeps struggling against the constraint of external forces. Thus, De Charms hypothesized that when a man perceives his behavior as originating from his own choice, he will value that behavior and its results but when he perceives his behavior as originating from external forces, that behavior and its results, even though identical in other respects to behavior of his own choosing, will be devalued. De Charms (1968) further argued that intrinsic and extrinsic motivation may interact, rather than summate that is the introduction of extrinsic rewards for the behaviors that was intrinsically rewarding may decrease rather than enhance the overall motivation. The author argued that the introduction of an extrinsic reward put the individual in a dependent position relative to the source of the reward. The locus of causality for his behavior changes from self to the external reward and thus the individuals perception of self-control, free choice, and commitment deteriorate and hence do his motivation. In addition Frey (1997) note that high intrinsic work motivation evolving from work which is interesting involves the trust and loyalty of personal relationships and is participatory. However, under certain circumstances, intrinsic motivation can be diminished, or crowded-out by external interventions like monitoring or pay-for-performance incentive schemes. This was also supported by Frey and Jegen (2001) who reviewed the literature on intrinsic motivations and found that the evidence does suggest that incentives sometimes do crowd-out intrinsic motivations. Besides, Frey (1997) suggests that the important matter is whether the external intervention is in the form of a command or a reward. Commands are most controlling in the sense that they seize self-determination from the agent, while rewards might still allow autonomy of action. The maximization of employees motivation to attain the organizations goals can only be obtained through a complete understanding of motivation theories (Reid 2002). There is a wide variety of theoretical frameworks that have been developed in the attempts to explain the issues related to motivation. Stoner, Edward and Daniel (1995) has described two different views on motivation theory, given by the earliest views and the contemporary approach which can further be subdivided into content and process theories. 2.3 Theories of Motivation 2.3.1 The earliest views of motivation One of the earliest views of motivation is Frederick W Taylor et al. (1911) scientific management theory. Taylor (1911) with regards to employee motivation proposed a paternalistic approach to managing workers and argued that workers are economic men and in order to motivate them, workers should be paid higher wages. The author also argued that the higher is the wage rate, the higher will be the level motivation and productivity. Furthermore, Taylor points out that many payment methods were ineffective, as they did not reward efficiency and he believed that a differential piece-work incentive system should be replaced with a piece rate incentive system (Wren, 2005). In other words workers should be paid according to the number of units produced in order to motivate them to work. On the other hand in line with building on the concept of motivation Elton Mayo (1953) came up with the Human Relations approach whereby the emphasis is laid on non-economic motivators. According to Elton Mayo (1953), if objectives of organizations are to be met, it must attempt to understand, respect and consider the emotions, sense of recognition and satisfaction that is the non-monetary needs of workers. He believed that employees are not just concern with money but also they need to have their social needs to be met in order to be motivated to work. He is of view that workers enjoy interactions and managers should treat them as people who have worthwhile opinions. Furthermore, McGregor (1960) postulates Theory X and Theory Y which is based on assumptions about people and work. According to this theory, there are two types of assumption made with regards to employees whereby theory X assumes that employees are lazy and therefore theory X suggests that in order to motivate employees a more autocratic style of management is required. On the other hand theory Y assumes that workers enjoy work, committed to objectives of the organization and will apply self control and self directed in the pursuit of organizational objectives and therefore does not require external control. 2.3.2 Content theories of motivation Content theories tend to focus on individual needs and attempt to explain the factors within a person that stimulate and stop behavior (Reid, 2002). According to Bassett-Jones and Lloyd (2005), content theory assume a more complex interaction between both internal and external factors, and explored the circumstances in which individuals react to different types of internal and external stimuli. The most well known content theory of motivation is the hierarchy of needs which has been put forward by Abraham Maslow (1943). According to Maslow, people are motivated by five types of needs and in order to motivate people to work more productively there is a need to offer them opportunity to satisfy those needs. He proposed that basic needs are organized in a hierarchy of prepotency and probability of appearance (Wahba and Bridwell, 1973). These needs include physiological needs, safety needs, social needs, self-esteem and self-actualization. Maslow argued that once a lower order need is fulfilled, the next level of needs in the hierarchy comes into play that is once employees satisfy the lower order needs they will next consider the next level of needs. The author further argued that unfulfilled lower needs dominate ones thinking and behavior until they are satisfied (Berl et al. 1984). However this theory has also been criticized to a large extent, for example Wahba and Bridwell (1973) argued that based on the ten factor analytic studies that have attempted to test Malows theory; there is no clear evidence that human needs are classified into five different categories, or that these categories are organized in a special hierarchy. The authors contradict Malows proposition and points out that, none of the studies has shown all of Maslows five need categories as independent factors, for example some studies have showed that the self-actualization needs may emerge as an independent category. They also argued that studies have also proved the issue of need deprivation and the domination of behavior to be different from that suggested by Maslow. Moreover results have also proved that either self-actualization or security are the least satisfied needs and social needs are the most satisfied. Therefore it is difficult to determine the general pattern of the degree of sati sfaction and these trends are not the same as proposed by Maslow (Wahba and Bridwell, 1973). Conversely, Alderfer (1972) in the attempt to address the short comings of Malows theory proposed an alternative to Maslows theory which he termed as the ERG theory and postulate a three level hierarchy. Alderfer grouped Maslows five categories of needs into three categories given by Existence, Relatedness and Growth. According to the author, people are motivated by these three groups of core needs and he asserted that as one level of need is satisfied another takes over but if a need is not satisfied on a continuous basis, the individual may decide to give such a need a low priority. Nonetheless, while Maslow and Alderfer presented the concept of motivation in a hierarchy, McClelland (1961, 1971), ignored the concept of hierarchy and put forward a theory known as the acquired need theory that emphasize on three types of needs namely, need for affiliation, need for achievement and need for power. McClelland is of view that individuals experiences are acquired through life experiences that is they are learned. According to this theory individuals possess several needs, and when these needs are activated they serve to motivate behavior and this is to the contrary of Maslows proposition of a continuous progression throughout the hierarchy of needs (Steers et al. 2004). Moreover, also put differently Herzberg et al. (1959) sought to understand how work activities and the nature of an employees job influence motivation and performance. They proposed a theory that involves what they termed as motivators and hygiene factors. According to Herzberg the most crucial difference between the motivators and the hygiene factors is that the motivator factors involve psychological growth while the hygiene factors involve physical and psychological pain avoidance. The authors examined motivators and hygiene factors in the workplace and proposed that where job satisfaction was high there would be corresponding high motivation. Herzberg (1959) further argued that work motivation is influenced to a large extent by the degree to which a job is intrinsically challenging and provides opportunities for recognition and reinforcement. However despite that Herbergs theory has been widely accepted by managers (e.g Latham 2007, Miner 2005, Steers and Porter 1983), this theory has been criticized by many authors. For example Reid (2002) argued that the work of Herzberg is an examination of job satisfaction rather than motivation of employees. Reid also argued that no matter how much emphasis is laid on factors that are intrinsically rewarding, if hygiene factors such as low pay is not addressed, their full effect cannot be felt. Moreover, also Brenner et al. (1971) contradict Herzberg proposition that motivation factors increase job satisfaction and hygiene factors leads to job dissatisfaction and points out that his study and others indicated that the employees received job satisfaction and job dissatisfaction from both the motivating and the hygiene factors. Similarly Locke (1976) assessed Herzberg two factor theory and argued that job satisfaction and dissatisfaction result from different causes. 2.3.3 Emperical studies of content theories Zakeri et al. (1997) carried out research in the Iranian construction industry to find out level of Maslows hierarchy of needs are the most motivating factors and whether these factors are motivating factors or just hygiene factors as proposed by Herzberg. A list of 20 factors was chosen according to Maslows classification of needs and the lists were presented to the construction crafts- men and operatives whereby Zakeri et al. (1997) found five most motivating factors in descending order namely; fairness of pay, Incentive and financial rewards, on-time payment, good working facilities and safety. The authors argued that despite Herzbergs proposition that money is not a satisfier, this survey along with others proved that money is the most motivating factor. In addition Arnolds and Boshoff (2002) conducted research in a number of firms in South Africa to investigate the impact of need satisfaction on self-esteem and of self-esteem on performance intention as suggested by Alderfer (1972). According to the empirical results, self-esteem was found as a significant determinant of employee job performance and results showed that providing frontline employees opportunities to perform challenging work, allow participation and teaching them new things on the job will enhance their self-esteem as well as their performance intentions (Arnolds and Boshoff, 2002). The authors argued that the experiment also showed that the satisfaction of fringe benefits does not have a significant impact on performance intentions via self-esteem as an intervening variable and this support Herzbergs et al. (1959) theory. 2.3.4 Process theories of motivation Along with the content theories, there are also different process theories. According to Viorel et al. (2009) the content theories emphasize on specific factors that motivate workers with regards to certain necessities and aspirations, while the process theories emphasize on the processes and the psychological forces that have an impact on motivation. They start from the premise that motivation starts with the desire to do something. The process theories provide more realistic principles with regards to motivation techniques and therefore they are more useful to managers compared to content theories (Viorel et al. 2009). Vroom (1964), in the interest to study motivation developed an alternative to the content theories which is known as the expectancy theory. Vroom suggest that there are three mental components that are considered as instigating and directing behavior and these are referred to as Valence, Instrumentality, and Expectancy. He argued that employees rationally analyze different on-the-job work behaviors and then choose those behaviors which they believe will lead to their most valued work-related rewards and outcomes. Moreover, Porter and Lawler (1968) expanded Vrooms work to identify the role of individual differences for example employee abilities and skills and the role clarity in relating job effort to actual job performance. Porter and Lawler also explained the relationship between performance and satisfaction and argued that this relationship is mediated by the extent and quality of the rewards that employees receive in return for their job performance. In addition to expectancy theory Adams (1963), developed the equity theory to clarify how employees respond cognitively and behaviorally with regards to unfairness in the workplace. Adams suggested that employees develop beliefs about what constitutes a fair and equitable return for their job performance and contributions therefore employees always compare their efforts and the associated rewards with that of other employees and in case there is a situation whereby there is an element of injustice or unfairness there is an imbalance that is a perception of inequity will result. The author is therefore of view that when perception of inequity occurs the employee will get engaged in activities and do effort in order to reduce the inequity. On the other hand, quite differently Latham and Locke (1979) came up with the goal setting theory. According to Latham (2004), the underlying premise of the goal setting theory is that ones conscious goals affect what one achieves. The author argued that this is because a goal is said to be the objective or aim of an action and having a specific goal result to improved performance. Employees with specific hard goals tend to perform better compared to those with vague goals and that a goal is a standard for assessing an individuals performance. Moreover, Latham also suggested that to the extent that the goal is met or exceeded, satisfaction increases; and conversely, to the extent that performance falls short of the goal, ones satisfaction decreases. While content theories have tended to focus on needs of people and process theories have focused on factors motivating people, Adair (2006) have brought some new issues in the field of employee motivation and developed a new theory of motivation known as the Fifty-Fifty rule. Unlike the authors of content and process theories, Adair is of view that motivation lies both within an individual as well as external to the individual. According to the author, 50 percent of motivation lies within a person and fifty percent lies outside the person however Adair points out that this theory does not assert for the exactly fifty-fifty proportion in the equation but it only emphasized on the idea that a considerable part of motivation lies within a person while a considerable part lies outside and beyond its control. 2.3.5 Emperical studies of process theories With regards to Adams Equity theory, Levine (1993) calculated wage residuals for more than 8,000 manufacturing employees. Wage residuals re ¬Ã¢â‚¬Å¡ect employees wages relative to employees with similar demographics and human capital in terms of education and training (Ambrose and Kulik, 1999). Levine found that employees with higher wage residuals reported that they were less likely to leave, were more satis ¬Ã‚ ed with their pay, were willing to work harder than they had to, and were more committed to the organization. Therefore in line with this argument, the author pointed out that employees with low wage residuals might be expected to experience inequity or unfairness relative to similar others and exhibit negative responses. Moreover Arnolds and Boshoff (2002) conducted research in a number of South African firms whereby they analyzed the application of the expectancy theory put forward by Vroom (1964) and they argued that the satisfaction with pay and fringe benefits does not impact on the performance intentions of frontline employees because these need satisfactions do not have any esteem valence for these employees. In other words, frontline employees do not have a higher regard of themselves if they are getting enough pay to fulfill basic necessities (Arnolds and Boshoff, 2002). Besides based on the Goal Setting theory, Stans ¬Ã‚ eld and Longenecker (2006) performed a study in a traditional manufacturing plant in the Midwestern USA to develop a model of efficient and effective goal setting and feedback practices for manufacturing. According to the authors the study showed that an information system, facilitating goal setting and feedback can play a vital role in improving individual performance levels. Stansfield and Longenecker also found that employee motivation and performance were both improved in the study, which lead to better organizational performance and pro ¬Ã‚ tability. The authors also argued that goal setting and feedback can create competitive advantage for manufacturers with a minimum investment of time and capital if they implement these practices with proper coordination. 2.3.6 Reinforcement Theory B.F. Skinner (1953) compared to need and process theories, came up with a different theory known as the reinforcement theory in which he proposed that peoples behavior is dependent upon its consequences. He suggested that if consequences of behavior is positive then such behavior will be repeated and vice-versa. Skinner (1953) argued that behavior can thus be reinforced through different forms of reinforcement or rewards. According to him individuals can be influenced in four different ways given by positive reinforcement (a reward such as praise so that the person repeat the behavior), negative reinforcement (rewarding employees by removing unwanted consequences), extinction (deliberately withheld positive reinforcement to discourage unwanted behavior) and punishment (applying undesirable consequences for unwanted behaviors). Through these theories, it can be said that work motivation has been characterized by dimensions such as interesting job, ability to perform, recognition, adequate pay, and feedback on performance (Dwivedula and Bredillet, 2010). However according to Meyer et al. (2004) it is also very important to consider differences in the psychological states, or mindsets that can accompany motivation. Therefore, Meyer et al. (2004) argued that motivation theories developed in other areas of psychology render a convincing case that motivation is multidimensional. 2.3.7 Adaptation-Level Theory Bowling et al. (2005) argued that the adaptation-level theory (Helson, 1948, 1964a, 1964b), offers one potential explanation for the temporal stability of job satisfaction. Bowling explained that the theory postulates that someones evaluation of an outcome is said to be a function of previous experiences outcomes. For example, an employee who has worked for years without a pay raise would be expected to respond positively to even a small pay increase because this change in pay would be different from that individuals adaptation level, however the positive response would be temporary as the individuals adaptation level would eventually change as the experience of the pay increase is integrated into the employees adaptation level (Bowling et al. 2005). 2.3.8 Self-Regulatory Theory Moreover quite differently, Higgins (1997, 1998) proposed the regulatory focus theory that draw important differences in the processes through which individuals approach pleasure and avoid pain. Huggins proposed that individuals have two types of motivational systems given by a system that regulates rewards (promotion focus) and one that regulates punishments (prevention focus). According to the author people who operate primarily within the promotion focus are concerned with accomplishments, are sensible towards the existence or absence of rewards, adopt a goal attainment strategy, are more creative and are more willing to take risks. However, people who operate within the prevention focus tend to be more concerned with duties and responsibilities and are more sensitive to the existence or absence of punishments. Moreover the regulatory focus is ascertained both by situational and chronic factors (Higgins, 1997, 1998). 2.3.9 Activation theory On the other hand Anderson (1976, 1983) came up with the activation theory whereby he argued that the strongest motivating factor is the work itself however over time as the worker get used with the environment and learns the responses required in the repetitive task there may be a fall in the activation level or job stimulation. It is important to highlight that over time all work tends to become repetitive after the job has been practiced and therefore a wide range of dysfunctional and non-task activities must be pursued to offset the fall in the job stimulation level (Milbourn 1984). Moreover according to Milbourn (1984), if dysfunctional activities are addressed, managers can consider enriching jobs through job redesign to reduce monotony at work in order to maintain job stimulation. 2.4 Motivational practices in Organizational environment According to Islam and Ismail (2008) the theories mentioned continue to offer the foundation for organization and managerial development practices to a large extent. Along with the above theories, during the last decade, based on employees motivation many empirical studies have been carried out (Islam and Ismail, 2008). For example, Bent et al. (1999) carried out research in small food manufacturing businesses whereby respondents were asked to complete, using a five-point Likert scale about how they felt motivated and then how satisfied they were with their jobs and the authors found that the degree of positive motivation was high. According to Bent et al. (1999) the employees were either very or moderately motivated with their jobs, however it was important to note that no respondents stated that they were either very motivated or very dissatisfied with their job. The authors also argued that issues which are associated with individual management style include lack of appreciation f rom management to feel for the work of employees and that there was also poor communication contributing to low job satisfaction and this contrasts with the identification by employees, of the motivating or satisfying qualities of a good management style. Moreover VaitkuvienÄ- (2010) conducted research in two Swedish manufacturing companies given by, the company Frilight AB and Enitor Plast AB and reported that the workers were found satisfied with the working conditions, training of staffs and career opportunities. The author argued that the Swedish employees were motivated and that the employees do not avoid responsibilities and follow directions. VaitkuvienÄ- (2010) also found that almost all employees are stimulated with the organizing of recreational tours, holidays and events. According to the author more than half of employees in the Sweden manufacturing companies are stimulated through gifts on various occasions (birthdays, holidays), free meals at work, health insurance coverage, work, clothes, equipment, travels for the company employees, days off, recognition and good working conditions and therefore the author pointed out that the employees of the manufacturing companies consider non-financial motivation tools to b e more important. Eventually, Dwivedula and Bredillet (2010), in line with the authors Cummings and Blumberg (1987) pointed out that studies from the manufacturing sector emphasize on the importance of providing autonomy, and skill variety to the employees which are otherwise absent. On the other hand Adler (1991) observed and concluded that manufacturing firms rely on job rotation, and voluntary job switching to motivate the employees. Moreover, Galia (2008) supported by Dwivedula and Bredillet (2010) reported that more recently it has been observed that, in a survey of 5000 manufacturing  ¬Ã‚ rms by SESSI (Industrial Statistics Department of the French Ministry of Economics, Finance, and Industry), practices such as autonomy at work, incentives to promote creativity have been widely adopted in order to motivate the workers.

Friday, September 20, 2019

Love and Hate :: Essays Papers

Love and Hate Setting This story was about 2 boys (Bryon and Mark). Bryon was the oldest. He was sixteen and Mark was 15. They both got into alot of trouble. They enjoyed fighting, and they were pool hustlers. Mark had moved in with Bryon and his mother when he was little. His parents had gotten into a fight and shot each other. Plot Structure I believe this story was a man versus himself, because all through the book Bryon was constantly changing. He and Mark started to grow apart. He started to fall in love with a girl. He also had to deal with turning his best friend/brother into the police. He had to learn to forgive himself. Towards the end Bryon turned Mark into the police. He had found drugs under Mark's mattress. Mark had been bringing home money and Bryon finally found out where it was coming from. Mark had been selling drugs. Bryon did not know what to do thus, he called the police. When Mark came home and Bryon told him, Mark was shocked. In court Mark would not even look at Bryon and when Bryon went to see him Mark said that he hated him. Plot Summary Bryon and Mark were friends/brothers. Mark moved in with them when he was 9. His parents had gotten into a fight and ended up shooting each other. Mark and Bryon did everything together. They were big pool hustlers. They would go into Charlie's bar and find someone to play pool with. Then they would end up with all his money. Bryon was friends with Charlie. That's how they were able to go into the bar. Bryon was 16 and Mark was 15. They both loved getting into fights. One day they were walking with M&M,a thirteen year old who loved M&M's. When three guys tried to jump M&M. M&M did not like to fight thus, Mark and Bryon stopped it. Bryon and Mark went to visit Bryon's mother in the hospital. She told them about a boy, Mike, across the hall who never had any visitors. Thus she asked them to go see him. bryon did not want to thus, he went to the snack bar and he saw a girl he knew.

Thursday, September 19, 2019

Problems in the Workplace Essays -- Workplace Essays

Old Navy is a corporation that exhibits all of the characteristics of a business in an industry where good tactical management is the key to long-term success and survival. There can be little doubt that the backbone of every successful business or company is its staff of employees. Employees are the vital parts of the business machine that can aid in its success or contribute to its failure. It is, for this reason that it is imperative to possess the ability to acquire and maintain effective employees. The chief method by which a business or company can accomplish this task is through employee-centered motivational programs. While being an assistant manager at Old Navy I was able to look into how the business motivated its employees, what problems arose from the companies motivation policies and the techniques I chose to implement to create a better workplace.   Ã‚  Ã‚  Ã‚  Ã‚  The goals of the motivation programs are to encourage employees to maximize their performance by targeting three specific motivational stimuli. The three-targeted stimuli are morale, satisfaction, and rewards. While working at Old Navy I found that the Old Navy Corporation used Fredrick Taylor’s approach to motivating their employees. He believed that when highly productive people discover they are being compensated the same as less productive people, then the output of highly productive people would decrease. Consequently, the scientific management approach to motivation is based on the ...

Wednesday, September 18, 2019

Empty Shoes: The Realization of Teenage Driving Accidents Essay

It is 2 a.m. when Kevin picks up the phone. On the other end, a voice tells him of an accident involving his daughter, Hailey. He and his wife jump out of bed and rush to the scene. Once they arrive, the officer tells them the news. A week later a funeral is held in remembrance of a precocious 16-year-old who was taken too soon. Months pass but the pain still lingers in Kevin’s heart. He decides to speak out at Hailey’s high school and inform the students of the dangers of teenage driving. When he is done speaking, a teacher comes up to him and thanks him for what he has done. She too has lost a child to teenage driving and has found it hard to deal with, even though it has been 5 years since the passing. Kevin then realizes there are other families who are grieving over the same situation. After he leaves the school, he calls his wife and tells her how they can help prevent teen deaths. They pack up their belongings and head out to inform various high school s of the increasing teen accident rates. During each presentation, Hailey’s shoes are brought out as a reminder of the results of her accident. When the presentation concludes, students are required to fill out a survey. As Kevin reads through them, satisfaction arises and he knows he and his wife have conquered what they set out to do. While driving is a privilege, teens often forget this and instead make senseless decisions, which ends up costing them their life or someone else’s. When a teen is finally able to acquire a driver’s license, they are overwhelmed. No more having to worry about their parents riding with them and critiquing their every move. But what actually happens when parents are taken out of the vehicle? According to the Iowa DOT, â€Å"Take m... ...i, Wendy. â€Å"Kyleigh’s Law: Does it protect or further endanger teen drivers?† 20 September 2010. Web. 6 December 2010. Clarridge, Christine. â€Å"When a Teen-Age Driver Gambles and Loses.† The Seattle Times (Seattle, WA). 7 May 2000: A1+. SIRS Researcher. Web. 7 December 2010. â€Å"Increasing seat belt use among teens: A summary of research, resources, and programs.† April 2007. Web. 6 December 2010. â€Å"Teen Crash Facts.† Iowa Department of Transportation. 24 January 2008. Web. 4 December 2010. â€Å"Teen Driving Statistics.† Rocky Mountain Insurance Information Association. Web. 5 December 2010. â€Å"Teens speak out about driving under the influence of texts.† 12 March 2010. Web. 6 December 2010. â€Å"Prevent Teen Deaths from Motor Vehicle Crashes.† Iowa Health System. Web. 5 December 2010.

Tuesday, September 17, 2019

Ethical Dilemmas of an Attorney

Ethical Dilemma's of an Attorney Gina Boldt ADJ 235 March 22, 2013 John Ellison Ethical Dilemma's of an Attorney The three major ethical dilemmas faced by a defense attorney are client perjury, delivery of physical evidence and the disclosure of prior convictions (Boldt, 2013). They are bound to provide thieir client with courage and devotion (Pollock, 2012, 2010). This dilemma, at times, tries the attorneys personal morals and ethics, though, once again, the protection of the defendant overrules all. They must also refrain from taking any case that presents a conflict of interest with said client.Though there are times that plea bargaining is in the best interest of the defendant, this process can be misused as a conveinence, this would be an example of ethical conflict. In order to provide such a fierce and devoted defense, the attorney must not engage is such practices as pergury and corruption to aid a positive outcome for their client. Many of these obligations are quite similar and relate to both a prosecuting and defense attorney, such as confidentiality, attorney-client privelage, the handling of evidence and the responsibility of maintaining the safety of others.The ethical obligations of a prosecuting attorney is to seek truth and justice, However, this singular responsibility insures several ethical burdens. The duties of this position are to indict as many criminals as possible and maintain justice within our system. With this responsibility comes many opportunities to step into the unethical realm of practice in order to secure prosecution. The obligation of this profession, once again, can test an individuals strength and inner morals. The key is to maintian honesty and intergrity and to set aside all personal beliefs, though this may not be the easiest, it is the only way to ensure justice.

Monday, September 16, 2019

Stone Cold

Stone cold is a book written by Robert Swindells, the plot of the story is set on two people, one who is homeless (Link) and one who kills because he believes that the homeless ruin the place (Shelter).Robert Swindells is clever at writing the story, as he switches between the two characters link and shelter, the characters in the story are all different and lead very different lives, Shelter who used to be in the army left after problems, now he believes that he is still in the army and is on a mission to kill people especially homeless people on the streets, he makes his own recruits and then kills them brutally, he believes that he is making the place look tidier and cleaner.Then there is Link, Link has had a lot of trouble at home, and he has left his family and friends to lead a better life on the streets of London, though he is finding it hard to survive, and has had trouble rationing the money he had. He finds himself in London, he barely survives as he finds a bed mate called ginger, however when ginger suddenly disappears link is all back on his own in the great city of London, then he meets Gail, but then a again like all the people he meets, he finds that she is a reporter.Robert Swindells makes this book interesting, by making the suspense last, and he uses complex vocabulary to create an atmosphere, he brings shelter to life, he creates link by bringing him into shelter and into the insecure street life of London, he makes you feel sad and puts your feelings and puts them in the story, he makes you feel sorry of Link by showing and emphasizing that this boy is now on the streets as he has made a mess of his life.And now at the very end in London alone he lives, with a broken heart, no lover or friend, however he is now more street wise and he understands not to fall into the arms of anyone and get attached to soon.

Sunday, September 15, 2019

Case Laws for Commercial Laws

LGEAL PERSONALITY Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company, the proper claimant is the company itself. This is known as â€Å"the rule in Foss v Harbottle†, and the several important exceptions that have been developed are often described as â€Å"exceptions to the rule in Foss v Harbottle†. Amongst these is the ‘derivative action', which allows a minority shareholder to bring a claim on behalf of the company. This applies in situations of ‘wrongdoer control' and is, in reality, the only true exception to the rule. The rule in Foss v Harbottle is best seen as the starting point for minority shareholder remedies Judgement The court dismissed the claim and held that when a company is wronged by its directors it is only the company that has standing to sue. In effect the court established two rules. Firstly, the â€Å"proper plaintiff rule† is that a wrong done to the company may be vindicated by the company alone. Secondly, the â€Å"majority rule principle† states that if the alleged wrong can be confirmed or ratified by a of members in a general meeting, then the court will not interfere, Edwards v Halliwell [1950] 2 All ER 1064 is a UK labour law and UK company law case about the internal organisation of a trade union, or a company, and litigation by members to make an executive follow the organisation's internal rules Some members of the National Union of Vehicle Builders sued the executive committee for increasing fees. Rule 19 of the union constitution required a ballot and a two third approval level by members. Instead a delegate meeting had purported to allow the increase without a ballot. Jenkins LJ granted the members' application. He held that under the rule in Foss v Harbottle the union itself is prima facie the proper plaintiff and if a simple majority can make an action binding, then no case can be brought. But there are exceptions to the rule. First, if the action is ultra vires a member may sue. Second, if the wrongdoers are in control of the union's right to sue there is a â€Å"fraud on the minority†, and an individual member may take up a case. Third, as pointed out by Romer J in Cotter v National Union of Seamen[1] a company should not be able to bypass a special procedure or majority in its own articles. This was relevant here. And fourth, as here, if there is an invasion of a personal right. Here it was a personal right that the members paid a set amount in fees and retain Salomon v A Salomon ; Co Ltd [1897] AC 22 is a landmark UK company law case. The effect of the Lords' unanimous ruling was to uphold firmly the doctrine of corporate personality, as set out in the Companies Act 1862, so that creditors of an insolvent company could not sue the company's shareholders to pay up outstanding debts. membership as they stood before the purported alterations. Facts Mr Aron Salomon made leather boots and shoes in a large Whitechapel High Street establishment. He ran his business for 30 years and â€Å"he might fairly have counted upon retiring with at least ? 10,000 in his pocket. † His sons wanted to become business partners, so he turned the business into a limited company. His wife and five eldest children became subscribers and two eldest sons also directors. Mr Salomon took 20,001 of the company's 20,007 shares. The price fixed by the contract for the sale of the business to the company was ? 9,000. According to the court, this was â€Å"extravagent† and not â€Å"anything that can be called a business like or reasonable estimate of value. † Transfer of the business took place on June 1, 1892. The purchase money the company paid to Mr Salomon for the business was ? 20,000. The company also gave Mr Salomon ? 10,000 in debentures (i. e. , Salomon gave the company a ? 10,000 loan, secured by a charge over the assets of the company). The balance paid went to extinguish the business's debts (? ,000 of which was cash to Salomon). Soon after Mr Salomon incorporated his business a series of strikes in the shoe industry led the government, Salomon's main customer, to split its contracts among more firms (the government wanted to diversify its supply base to avoid the risk of its few suppliers being crippled by strikes). His warehouse was full of unsold stock. He and his wife lent the company money. He cancelled his debentures. But the company needed more money, and they sought ? 5,000 from a Mr Edmund Broderip. He assigned Broderip his debenture, the loan with 10% interest and secured by a floating charge. But Salomon's business still failed, and he could not keep up with the interest payments. In October 1893, Mr Broderip sued to enforce his security. The company was put into liquidation. Broderip was repaid his ? 5,000, and then the debenture was reassigned to Salomon, who retained the floating charge over the company. The company's liquidator met Broderip's claim with a counter claim, joining Salomon as a defendant, that the debentures were invalid for being issued as fraud. The liquidator claimed all the money back that was transferred when the company was started: rescission of the agreement for the business transfer itself, cancellation of the debentures and repayment of the balance of the purchase money. Lee v Lee’s Air Farming Ltd [1961] AC 12 is a UK company law case, concerning the veil of incorporation and separate legal personality. The Privy Council reasserted that a company is a separate legal entity, so that a director could still be under a contract of employment with the company he solely owned. Facts Mrs Lee’s husband formed the company through Christchurch accountants, which worked in Canterbury, New Zealand. It spread fertilisers on farmland from the air, known as top dressing. Mr Lee held 2999 of 3000 shares, was the sole director and employed as the chief pilot. He was killed in a plane crash. Mrs Lee wished to claim under the Workers’ Compensation Act 1922, and he needed to be a ‘worker’, or ‘any person who has entered into or works under a contract of service†¦ with an employer†¦ whether remunerated by wages, salary or otherwise. The company was insured (as required) for worker compensation. The Court of Appeal of New Zealand said Lee could not be a worker when he was in effect also the employer. North J said[1] â€Å"the two offices are clearly incompatible. There would exist no power of control and therefore the relationship of master-servant was not created. ADVICE The Privy Council advised that Mrs Lee was entitled to co mpensation, since it was perfectly possible for Mr Lee to have a contract with the company he owned. The company was a separate legal person. Lord Morris of Borth-y-Gest said It was never suggested (nor in their Lordships’ view could it reasonably have been suggested) that the company was a sham or a mere simulacrum. It is well established that the mere fact that someone is a director of a company is no impediment to his entering into a contract to serve the company. If, then, it be accepted that the respondent company was a legal entity their Lordships see no reason to challenge the validity of any contractual obligations which were created between the company and the deceased†¦ It is said that the deceased could not both be under the duty of giving orders and also be under the duty of obeying them. But this approach does not give effect to the circumstance that it would be the company and not the deceased that would be giving the orders. Control would remain with the company whoever might be the agent of the company to exercise†¦ There appears to be no great difficulty in holding that a man acting in one capacity can make a contract with himself in another capacity. The company and the deceased were separate legal entities. Perpetual Real Estate Services, Inc. v. Michaelson Properties Facts Aaron Michaelson formed Michaelson Properties, Inc in 1981. Aaron was the sole shareholder and the corporation's president. It was a business for real estate joint ventures. It entered a joint venture with Perpetual Real Estates (forming a partnership called â€Å"Arlington Apartment Associates†) to build condominiums. As they were building, further finance was needed. Michaelson Properties Inc could not put up its share, so Perpetual loaned it $1. 05m, and got a personal guarantee from Aaron. The apartments did not turn out to be built that well. Purchasers sued the partnership successfully for $950,000. Perpetual Real Estates paid it off on the partnership's behalf. Then they sought Michaelson Properties Inc to contribute its share. It did not have the money, and went bust. So they sued Aaron to pay. He argued that Michaelson Properties, Inc was a separate legal person to him, and it was inappropriate to pierce the corporate veil. At first instance the jury held Aaron should pay. Aaron appealed. Judgment Wilkinson J noted that Virginia law had assiduously upheld the â€Å"vital economic policy† of respecting a corporation as a separate legal entity, since it underpinned the operation of vast enterprises. He emphasised that the veil would only be lifted where a defendant exercises â€Å"undue domination and control† and uses the corporation as â€Å"a device or sham†¦ to disguise wrongs, obscure fraud, or conceal crime. â€Å"[1] He said the description of the law which the jury had heard was in a â€Å"rather soggy state† and emphasised that it was not enough that â€Å"an injustice or fundamental unfairness† would be perpetrated. â€Å"The fact,† he continued, â€Å"that limited liability might yield results that seem â€Å"unfair† to jurors unfamiliar with the function of the corporate form cannot provide a basis for piercing the veil. Because there was no evidence that Aaron was attempting to defraud anybody, the veil could not be lifted. There was no â€Å"unfair siphoning of funds† when Aaron paid himself a dividend, because distribution was entirely foreseeable when the money was given, and the distribution happened well before any suit was filed. The fact that Aaron had given personal guarantees strengthened the corporate veil presumption, because the transactions recognized it existed. Veil lifting by the courts (1) Where company is a Sham or Facade Adams v Cape Industries English law has suggested a court can only lift the corporate veil when (1) construing a statute, contract or other document; (2) if a company is a â€Å"mere facade† concealing the true facts, or (3) when a subsidiary company was acting as an authorised agent of its parent, and apparently not so just because â€Å"justice requires† or to treat a group of companies as a single economic unit, in the case of tort victims, the House of Lords suggested a remedy would in fact be available. In Lubbe v Cape plc[1] Lord Bingham held that the question of proving a duty of care being owed between a parent company and the tort victims of a subsidiary would be answered merely according to standard principles of negligence law: generally whether harm was reasonably foreseeable. the decision in Yukong Line Ltd of Korea v Rendsburg Investment Corpn of Liberia (No 2) [1998] 2 BCLC 485 was timely in pointing out that creditors have no standing, individually or collectively to bring an action in respect of any such duty. Toulson J, held that a director of an insolvent company who, in breach of duty to the company, transferred assets beyond the reach of its creditors owed no corresponding fiduciary duty to an individual creditor of the company. The appropriate means of redress was for the liquidator to bring an action for misfeasance (the Insolvency Act 1986, section 212). ?Notwithstanding the logistical issue of locus standi raised by Toulson J. the question of directors’ duties to creditors again emerged in two recent decisions of the Companies Court 2) Where the company is used for a fraudulent purpose Sri Jaya Berhad v RHB Berhad The courts in Singapore thus far have been reluctant to pierce the corporate veil when called upon to do so and indicated that they would only exercise their power when called upon to do so sparingly . Re Darby, ex parte Brougham [1911] 1 KB 95 is a UK company law case concerning piercing the corporate veil. It is a clear example of the courts ignoring the veil of incorporation where a company is used to conceal a fraudulent operation. Facts Darby and Gyde were undischarged bankrupts with convictions for fraud. They registered a company called City of London Investment Corporation Ltd (LIC) in Guernsey. It had seven shareholders and issued ? 11 of its nominal capital of ? 100,000. Darby and Gyde were the only directors and entitled to all profits. The company purported to register and float a company in England called Welsh Slate Quarries Ltd, for ? 30,000. It bought a quarrying licence and plant for ? 3500 and sold this to WSQ for ? 18,000. The prospectus invited the public to take debentures in WSQ. It stated the name of LIC, but not Darby and Gyde, or the fact that they would receive the profit on sale. WSQ failed and went into liquidation. The liquidator claimed Darby’s secret profit, which he made as a promoter. Darby objected that the LIC and not him was the promoter. Judgment Phillimore J rejected the argument. LIC ‘was merely an alias for themselves just as much as if they had announced in the Gazette that they were in future going to call themselves ‘Rothschild ; Co’. They were ‘minded to perpetrate a very great fraud’ __________________________ Creation of Agency (1) Actual Authority The doctrine of estoppel comes into play here to prevent a principal from asserting to a third party that the agent has authority when in fact he does not, and then subsequently the principal seeks to renege on an agreement on the basis that the agent never had actual authority. In law, apparent authority refers to the authority of an agent as it appears to others,[3] and it can operate both to enlarge actual authority and to create authority here no actual authority exists. [4] The law relating to companies and to ostensible authority are in reality only a sub-set of the rules relating to apparent authority and the law of agency generally, but because of the prevalence of the issue in relation to corporate law (companies, being artificial persons, are only ever able to act at all through their human agents), it has developed its own specific body of cas e law. However, some jurisdictions use the terms interchangeably. In Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 the director in question managed the company's property and acted on its behalf and in that role employed the plaintiff architects to draw up plans for the development of land held by the company. The development ultimately collapsed and the plaintiffs sued the company for their fees. The company denied that the director had any authority to employ the architects. The court found that, while he had never been appointed as managing director (and therefore had no actual authority, express or implied) his actions were within his ostensible authority and the board had been aware of his conduct and had acquiesced in it. Diplock LJ identified four factors which must be present before a company can be bound by the acts of an agent who has no authority to do so; it must be shown that: 1. a representation that the agent had authority to enter on behalf of the company into a contract of the kind sought to be enforced was made to the contractor; 2. uch a representation was made by a person or persons who has ‘actual' authority to manage the business of the company, either generally or in respect of those matters to which the contract relates; 3. the contractor was induced by such representation to enter into the contract, i. e. that he in fact relied upon it; and 4. under its memorandum or articles of association the company was not deprived of the capacity either to enter into a contract of the kind sought to be enforced or to delegate authority to enter into a contract of that kind to an agent. The agent must have been held out by someone with actual authority to carry out the transaction and an agent cannot hold himself out as having authority for this purpose. [5] The acts of the company as principal must constitute a representation (express or by conduct) that the agent had a particular authority and must be reasonably understood so by the third party. In determining whether the principal had represented his agent as having such authority, the court has to consider the totality of the company's conduct. 6] The most common form of holding out is permitting the agent to act in the conduct of the company's business, and in many cases this is inferred simply from allowing the agent to use a particular title, such as ‘finance director'. The apparent authority must not be undermined by any limitations on the company's capacity or powers found in the memorandum or articles of association, although in many countries, the effect of this is reduced by company law reforms abo lishing or restricting the application of the ultra vires doctrine to companies. 7] However, statutory reforms do not affect the general principle that a third party cannot rely upon ostensible authority where it is aware of some limitation which prevents the authority arising, or is put on enquiry as to the extent of an individual's authority. [8] In some circumstances, the very nature of a transaction would be held to put a person on enquiry. Facts Lord Suirdale (Richard Michael John Hely-Hutchinson) sued Brayhead Ltd for losses incurred after a failed takeover deal. The CEO, chairman and de facto managing director of Brayhead Ltd, Mr Richards, had guaranteed repayment of money, and had indemnified losses of Lord Suirdale in return for injection of money into Lord Suirdale's company Perdio Electronics Ltd. Perdio Ltd was then taken over by Brayhead Ltd and Lord Suirdale gained a place on Brayhead Ltd's board, but Perdio Ltd's business did not recover. It went into liquidation, Lord Suirdale resigned from Brayhead Ltd’s board and sued for the losses he had incurred. Brayhead Ltd refused to pay on the basis that Mr Richards had no authority to make the guarantee and indemnity contract in the first place. Roskill J held Mr Richards had apparent authority to bind Brayhead Ltd, and the company appealed. That has been done in the judgments of this court in Freeman ; Lockyer v Buckhurst Park Properties (Mangal) Ltd. [1] It is there shown that actual authority may be express or implied. It is express when it is given by express words, such as when a board of directors pass a resolution which authorises two of their number to sign cheques. It is implied when it is inferred from the conduct of the parties and the circumstances of the case, such as when the board of directors appoint one of their number to be managing director. They thereby impliedly authorise him to do all such things as fall within the usual scope of that office. Actual authority, express or implied, is binding as between the company and the agent, and also as between the company and others, whether they are within the company or outside it. Ostensible or apparent authority is the authority of an agent as it appears to others. It often coincides with actual authority. Thus, when the board appoint one of their number to be managing director, they invest him not only with implied authority, but also with ostensible authority to do all such things as fall within the usual scope of that office. Other people who see him acting as managing director are entitled to assume that he has the usual authority of a managing director. But sometimes ostensible authority exceeds actual authority. For instance, when the board appoint the managing director, they may expressly limit his authority by saying he is not to order goods worth more than ? 00 without the sanction of the board. In that case his actual authority is subject to the ? 500 limitation, but his ostensible authority includes all the usual authority of a managing director. The company is bound by his ostensible authority in his dealings with those who do not know of the limitation. He may himself do the â€Å"holding-out. † Thus, if he orders goods worth ? 1,000 and signs himself â€Å"Managin g Director for and on behalf of the company,† the company is bound to the other party who does not know of the ? 00 limitation (2) Apparent Authority An ‘apparent’ or ‘ostensible’ authority, on the other hand, is a legal relationship between the principal and the contractor created by a representation, made by the principal to the contractor, intended to be and in fact acted upon by the contractor, that the agent has authority to enter on behalf of the principal into a contract of a kind within the scope of the ‘apparent’ authority, so as to render the principal liable to perform any obligations imposed upon him by such contract. To the relationship so created the agent is a stranger. He need not be (although he generally is) aware of the existence of the representation but he must not purport to make the agreement as principal himself. The representation, when acted upon by the contractor by entering into a contract with the agent, operates as an estoppel, preventing the principal from asserting that he is not bound by the contract. It is irrelevant whether the agent had actual authority to enter into the contract. In ordinary business dealings the contractor at the time of entering into the contract can in the nature of things hardly ever rely on the ‘actual’ authority of the agent. His information as to the authority must be derived either from the principal or from the agent or from both, for they alone know what the agent’s actual authority is. All that the contractor can know is what they tell him, which may or may not be true. In the ultimate analysis he relies either upon the representation of the principal, that is, apparent authority, or upon the representation of the agent, that is, warranty of authority. The representation which creates ‘apparent’ authority may take a variety of forms of which the commonest is representation by conduct, that is, by permitting the agent to act in some way in the conduct of the principal’s business with other persons. By so doing the principal represents to anyone who becomes aware that the agent is so acting that the agent has authority to enter on behalf of the principal into contracts with other persons of the kind which an agent so acting in the conduct of his principal’s business has usually ‘actual’ authority to enter into. | First International v Hungarian International Bank| An agent who had no apparent authority to conclude a transaction might nevertheless have apparent authority to make representations of fact concerning it, such as the fact that his principal had given the necessary approval for it. The Court of Appeal dismissed an appeal by the defendant, Hungarian International Bank Ltd, and upheld a decision of Judge Michael Kershaw QC, sitting as a deputy High Court judge in the Commercial Court on 23 October 1991, giving judgment for the plaintiff, First Energy (UK) Ltd. The case concerned an alleged contract under which the defendant was to provide the plaintiff with business finance. One of the issues was whether the defendant's agent had ostensible authority to communicate the offer upon which the contract was based. The judge held that he did, and that the plaintiff accepted that offer, so creating the contract. Mary Arden QC and Michael Todd (Chaffe Street, Manchester) for the defendant; Giles Wingate-Saul QC and Andrew Sander (Davies Arnold Cooper) for the plaintiff. LORD JUSTICE STEYN said a theme that ran through the law of contract was hat the reasonable expectations of honest men must be protected. It was not a rule or principle of law. But if the prima facie solution to a problem ran counter to reasonable expectations of honest men, this criterion sometimes required a rigorous re-examination of the problem to ascertain whether the law did compel demonstrable unfairness. In the present case, if their Lordships were to accept the implication s which the defendant had placed on observations of the House of Lords in Armagas Ltd v Mundogas SA (1986) 1 AC 717, it would frustrate the reasonable expectations of the parties. The plaintiff's case was that the defendant's agent, while not authorised to enter into the transaction, did have ostensible authority to communicate his head office's approval of the financing facility. He had sent the plaintiff a letter to this effect, which the judge held amounted to an offer capable of acceptance by the plaintiff. The law recognised that in modern commerce an agent who had no apparent authority to conclude a particular transaction might sometimes be clothed with apparent authority to make representations of fact. A decision that the agent did not have such authority would defeat the reasonable expectation of the parties. It would also fly in the face of the way in which in practice negotiations were conducted between trading banks and trading customers who sought commercial loans. RATIFICATION The agent whose act is sought to be ratified must have purported to act for the principal: Keighley, Maxstead ; Co v Durant [1901, UK], endorsed by Crowder v McAlister [1909, Qld] per Cooper CJ – â€Å"There can be no ratification of a contract by a person sought to be made liable as a principal, unless the person who made the contract professed to be acting on behalf of the other at the time. Keighley, Maxstead ; Co v Durant [1901, UK]: An agent had authority to purchase grain up to a particular price. Ended up contracting to pay too much, KMCo first decide to ratify, then change their minds. Problem was that the contract was in the name of the agent and of D. D sues, but loses. a. At the time the act was done the agent must have had a competent principal: Corporations Law – s 131(1). b. At the time of ratification the principal must be legally capable of doing the act himself. c. The principal must have full knowledge of all material facts relating to the act to be ratified. Ratification must take place within a reasonable time of the agent’s act unless the contract stipulates another more specific timeframe. The principal has no right to see if market conditions improve, or similar, before ratifying: Prince v Clark (1823). Ratification: entering into an unauthorised contract The principles of ratification Where an agent enters into an unauthorised contract, the principle may be happy to adopt it. This can be done by the process of ratification. For ratification to be available, however, the agent must purport to act on behalf of a principle, the principle must be in existence at the time of the contract, and the principle must have capacity. The agent must purport to act on behalf of a principle Because the agent must purport to be acting on behalf of another, ratification is not available where the principle is undisclosed. The third party must know that there is, or is supposed to be, a principle in the background. If the third party thinks that the agent is acting on his or her own account, no later ratification will be possible. The principle must be in existence at the time of the contract The second requirement for ratification, that is, that the principle is in existence at the time of ratification, arises mainly in relation to contracts made on behalf of new companies which are being formed. In Kelner v Baxter, it was held that if the company was not existence (in that it had not been incorporated) at the time of the contract, it could not later ratify the agreement. The purported ‘agents’, the promoters of the company, were therefore personally liable. Such personal liability is now imposed by statute, by virtue of s 36C of the Companies Act 1985. The principle must have capacity The final requirement is that the principle must have capacity. There are in theory two aspects to this rule. The first rule is that the principle must have capacity to make the transaction at the time of the contract. This has most obvious relevance to minors, who want to ratify after reaching majority. It could also apply to contracts made outside the powers of a company. The second aspect is that the principle must have capacity at the time of ratification. This was applied in Grover and Grover Ltd v Matthews. A contract of fire insurance was purported to be ratified after a fire had destroyed the property which was the subject of the insurance. It was held that this was ineffective because at the time of the purported ratification the principle could not have made the contract himself (because the property no longer existed). ‘Capacity’ is thus being given a rather broader meaning than usual, to cover the issue as to whether the principle would have in practice been able to make the contract in question. Ratification is retrospective in its effect, and the original contract must be treated as if it had been authorised from the start. This was confirmed by the Court of Appeal in Presentaciones Musicales SA v Secunda. The implications of this rule are clear from the decision in Bolton Partners v Lambert. Bolton Partners owned a factory, which Lambert offered to buy. This offer was accepted by the managing director, though in fact he had no authority to do this. On 13 January, there was a disagreement, and Lambert withdrew his offer. On 17 January, Bolton Partners started proceedings for breach of contract. On 28 January, the Board of Directors of Bolton Partners ratified the actions of the managing director. Lambert argued that this ratification came too late, but the Court of Appeal held that it had retrospectively validated the original contract, and that Lambert’s attempt to withdraw was therefore ineffective. INDOOR MANAGEMENT RULE and LIABLITY OF CRIMINAL and TORTOUS ACTS Royal British Bank v Turquand (1856) 6 E;B 327 is a UK company law case that held people transacting with companies are entitled to assume that internal company rules are complied with, even if they are not. This â€Å"indoor management rule† or the â€Å"Rule in Turquand's Case† is applicable in most of the common law world. It originally mitigated the harshness of the constructive notice doctrine, and in the UK it is now supplemented by the Companies Act 2006 sections 39-41. The rule in Turquand's case was not accepted as being firmly entrenched in law until it was endorsed by the House of Lords. In Mahony v East Holyford Mining Co[1] Lord Hatherly phrased the law thus: When there are persons conducting the affairs of the company in a manner which appears to be perfectly consonant with the articles of association, those so dealing with them externally are not to be affected by irregularities which may take place in the internal management of the company. So, in Mahoney, where the company's articles provided that cheques should be signed by any two of the three named directors and by the secretary, the fact that the directors who had signed the cheques had never been properly appointed was held to be a matter of internal management, and the third parties who received those cheques were entitled to presume that the directors had been properly appointed, and cash the cheques. The position in English law is now superseded by section 40 of the Companies Act 2006,[2] but the Rule in Turquand's Case is still applied throughout many common law jurisdictions in the Commonwealth. According to the Turquand rule, each outsider contracting with a company in good faith is entitled to assume that the internal requirements and procedures have been complied with. The company will consequently be bound by the contract even if the internal requirements and procedures have not been complied with. The exceptions here are: if the outsider was aware of the fact that the internal requirements and procedures have not been complied with (acted in bad faith); or if the circumstances under which the contract was concluded on behalf of the company were suspicious. However, it is sometimes possible for an outsider to ascertain whether an internal requirement or procedure has been complied with. If it is possible to ascertain this fact from the company's public documents, the doctrine of disclosure and the doctrine of constructive notice will apply and not the Turquand rule. The Turquand rule was formulated to keep an outsider's duty to inquire into the affairs of a company within reasonable bounds, but if the compliance or noncompliance with an internal requirement can be ascertained from the company's public documents, the doctrine of disclosure and the doctrine of constructive notice will apply. If it is an internal requirement that a certain act should be approved by special resolution, the Turquand rule will therefore not apply in relation to that specific act, since a special resolution is registered with Companies House (in the United Kingdom), and is deemed to be public information. Liability In English law, a corporation can only act through its employees and agents so it is necessary to decide in which circumstances the law of agency or vicarious liability will apply to hold the corporation liable in tort for the frauds of its directors or senior officers. If liability for the particular tort requires a state of mind, then to be liable, the director or senior officer must have that state of mind and it must be attributed to the company. In Meridian Global Funds Management Asia Limited v. Securities Commission [1995] 2 AC 500, two employees of the company, acting within the scope of their authority but unknown to the directors, used company funds to acquire some shares. The question was whether the company knew, or ought to have known that it had acquired those shares. The Privy Council held that it did. Whether by virtue of their actual or ostensible authority as agents acting within their authority (see Lloyd v Grace, Smith ; Co. [1912] AC 716) or as employees acting in the course of their employment (see Armagas Limited v Mundogas S. A. [1986] 1 AC 717), their acts and omissions and their knowledge could be attributed to the company, and this could give rise to liability as joint tortfeasors where the directors have assumed responsibility on their own behalf and not just on behalf of the company. So if a director or officer is expressly authorised to make representations of a particular class on behalf of the company, and fraudulently makes a representation of that class to a Third Party causing loss, the company will be liable even though the particular representation was an improper way of doing what he was authorised to do. The extent of authority is a question of fact and is significantly more than the fact of an employment which gave the employee the opportunity to carry out the fraud.