David Contracts Written Project Essay Example | Topics and Well Written Essays - 750 words

David Contracts Written Project - Essay Example In this similar concern, it can be affirmed that both the parties can be benefited from making a contract. It has to be enforceable by law. Though contracts can be of verbal or written type, preference must always given to the written contracts as they are quite uncomplicated to confirm in front of law (Dervort 107-108). DISCUSSION OF CONTRACT ELEMENTS Contracts are a kind of legally binding agreement by both the parties to a contract. Parties to a contract must know and understand that the agreement is enforceable by law. Contracts which are unlawful are void and not enforceable in the court. One of the important pre-conditions of the development of a contract is its legality (Cheeseman 1-250). Offer is principally viewed to be an expression of readiness which especially makes by an offeror with the intention of getting the offer duly accepted by an offeree. It is worth mentioning that offer is often viewed to be one of the initial as well as one of the influential elements of a con tract. Offer is duly considered to be an important contract element as it is viewed to be the initial step in entering into a particular contract (Dervort 107-108). It can be viewed that when an offeree agrees upon the offer which provides by an offeror, then it certainly becomes an acceptance. With the completion of acceptance process, both the parties come under a specific contract. Without the acceptance, contracts can never be formed. It is to be stated that an acceptance can be in both forms i.e. written or oral. Consideration is typically considered to be an act of a contract process. With the significant concern of consideration, individuals making a contract promise to perform or abstain from performing certain act. It has been apparently observed that consideration comprises either harm to the promisee or a benefit on behalf of the promisor. In the contract agreement, consideration plays an important role for the promises made by both the parties. Specially mentioning, it h as to be enforceable by lawful regulations (Dervort 107-108). There are many countries, which set a standard age for the age of majority. For most of the nations, it is 18. Any age below the age of 18 is called age of minority. There is an Infancy Doctrine made for the minorities. This doctrine states that minors need to be protected from the unscrupulous behavior of the adults. Minors can also rescind the contract as per as this doctrine is concerned. In the matter of writing, a contract needs to be formal and properly signed, expressed and with implied reference (Cheeseman 1-250). Contracts have to be legal and thus they must be presented and proved at the court. Contracts are generally viewed to be ‘meeting of the minds’ as two or more individuals can enter into a particular contract. In terms of legality, contracts need to be presented to another party without using fraud, threatening or other illegal activities. In order to determine the contract element i.e. legal ity, it is to be stated that the prime intention of a particular contract must be for a lawful purpose. The general law of contracts and many state statutes protect individuals who lack contractual capacity from having contracts forced especially on them. The requirement of parties accent needs to be real and genuine (Dervort 107-108). On the other hand, the contract element concerning meeting of the mind

What is your favorite major and why Essay Example | Topics and Well Written Essays - 500 words

What is your favorite major and why - Essay Example Every major corporate has several accountants working for them and they are well paid, they do a really important task of making balance sheets and profit and loss statements, these statements are then passed on to shareholders of the company and this is how the whole process works. Following is an example of how some people manipulate balance sheets to earn money. Satyam an Indian company was involved in a huge accounting fraud and it was later realized that the company had prepared several misleading reports because of which several shareholders held on to their shares and they also made a lot of profit because new share holders were very impressed with their reports, this is how important accounting really is. One misleading report and everything can change. To conclude it is very fair to say that accounting is really important and a company must have ethics and declare their results properly. Transparency in business is extremely important, a transparent organization will never dupe its shareholders and it will also attract new shareholders unlike Satyam, to conclude it is very fair to say that accounting is very

Theories of Models of Health and Well-being

Theories of Models of Health and Well-being Health is Wealth: Did you know? â€Å"A wise man should consider that health is the greatest of human blessings, and learn how by his own thought to derive benefit from his illnesses.† Hippocrates, The Anthropology of Health and Healing Many people do not realise the significance of good health, and even if they do, they may still disregard it, whether at home or at work. When people talk about health, they usually refer to the condition of the body. However, health does not simply mean being free from pain or the symptoms of disease, it is everything that keeps us alive. The purpose of this essay is to expand the boundaries of our knowledge by exploring some relevant facts and figures relating to the different models of health. In this paper, it will tackle on two models of health the lifestyle theory model and the biomedical model. Biomedical model focuses on the physical processes, for instance biochemistry, pathology and physiology of a disease. It does not involve the role of social thing or individual subjectivity while lifestyle theory model is composed of three interlocking models: the structural model, the functional model, and the change model. In the next section, it will differentiate and contrast the two models of health. Lifestyle basically means the usual way a person goes in daily living. Most people, however, describe it in terms of wealth, this doesnt hit the mark. When all the aspects that truthfully compose a lifestyle are considered, the all-encompassing nature of this term becomes clear. A lifestyle does, of course, involve habits but it also covers such things as family status, wealth, careers and a lot more. No matter what a persons lifestyle happens to be, there are ways to improve upon bothersome areas. Everyone has their own typical lifestyle that cover up their distinctive actions on a daily basis. Some of the things that go into making ones lifestyle distinct include: habits it is everything a person does on a normal basis which makes up their unique lifestyle, from diet and the pursuit of a good  family fitness  to bad habits such as smoking, drinking etc. (Webster Online), careerit is the employment opportunities a person pursues it also help define lifestyle, financial means it isnt necessarily the most important facet of a lifestyle but it does help define the manner in which an individual might live and Emotional well beingit is also a state of mind. When personal peace and satisfaction are a part of everyday living; wealth wont necessarily matter in the creation of a healthy and happy lifestyle. In simpler words, the definition of lifestyle covers just about everything a person is and does on a regular basis. From personal wealth to bad habits, they all go into the big picture. The biomedical model focuses purely on biological factors, and excludes psychological, environmental, and social influences. This is considered to be the popular, modern way for health care professionals to diagnose and treat a condition in most Western countries (Merriam Webster Online). Most health care professionals do not first ask for a psychological or social history of a patient; instead, they tend to analyze and look for biophysical or genetic malfunctions. The focus is on objective laboratory tests rather than the subjective feelings or history of the patient (Dutta, 2008). The biomedical approach to disease has its roots in biology. It is mostly concerned with objectively classifying the natural deviations that a disease presents from a biological norm (Walsh, 2004). The biomedical model has played a major role in the strategies used to deliver health and human services in the world. It argues the pathology in human beings that has a biological or molecular basis. As for a treatment approach, the biomedical model has been very successful at curing many diseases. With this achievement, the professionals in a number of fields have been to a great extent influenced by the biomedical model in the assessment and treatment of both physical and emotional problems. The biomedical model being used today is supported by the combination of clinical findings with laboratory data and pathology findings. This model created a structure to examine, classify and treat disease. From this, basically pathologist, health is defined as absence of disease. Thus the world is divided between healthy and sick, with what the medical condition to recognize, demonstrate, and sort by procedures based on this method. Both of these models of health are different from most of the aspects. Though both promote health, their understanding and objective are different. Biomedical model of health explanatory frameworks for disease are not straight forward. Medical model and the associated assumption about the illness distinction and lay distinction indicate some of the major characteristics of the medical approach to disease: that it claims legitimacy and process from science; that is primarily focused on the biological; that is a universalistic and individualist framework: and that it is constructed and presented in opposition to other approach toward disease. Lifestyle theory on the other hand is an ambiguous concept which can be altered to account for a of range different situations; also provides doctors to construct explanatory narratives which draw on everyday language to describe daily practices (Hansen, Easthope, 2007). In addition to this, Lifestyle theory is also composed of three interlocking models: the structural model, the functional model and the change model. Structural model is to operationally define a lifestyle, and show how it fits within a larger classification system. Functional model accounts for lifestyle development in a person’s fear and belief system and divides developmental factors. Change model, it is held that a natural self-altering process exist in all living beings which can be capitalized upon to encourage desistance from lifestyle behavior (Walters, 2006). An example of biomedical model of health would claim that lung cancer is caused by smoking, while lifestyle model of heath may suggest that passive smoking or hereditary disposition to the disease can be causes of it. Pursuing this further, Blaxter (2004) yet suggest that bio medical model of heath does not promote a healthy lifestyle, as it could be thought if you are smoking, excessively drinking and eating unhealthily but not feeling ill, then it is acceptable to carry on with that. Controversially, lifestyle model of health is looking at it differently, by encouraging people to lead a healthy lifestyle and prevent illnesses and diseases (Blaxter, 2004). In conclusion, this essay helped to further understand and to think broader the significant facts and figures relating to the different health models. Despite the immense amounts of research studying statistical relationships among lifestyle factors and disease very little known about the way medicine in general or doctors in particular speak about lifestyle or apply theory related to it when explaining health and disease. To pay off the lack of knowledge about medical understandings of lifestyle we draw together what is known about such understandings and report on our experimental research on the topic. In short, exploring the way that lifestyle is visualized and applied within medicine. In it we talk to a number of unanswered questions about medical understanding of lifestyle. Reference List Biomedical, Habit, Lifestyle. InMerriam Webster Online,Retrieved March 20, 2014, from http://www.merriam-webster.com/dictionary Blaxter, M. (2004). Health, Wiley Dutta, M. (2008). Communicating Health: A Culture-centered Approach, Polity  Hansen E., Easthope G. (2007). Lifestyle in Medicine, London: Routledge Walsh, M. (2004). Introduction to Sociology for Health Carers, Nelson Thornes Walters, G. (2006), Lifestyle Theory:Past, Present, and Future, Nova Publishers Womack, M. (2010). The Anthropology of Health and Healing, Almira Press

The Great Gatsby by F. Scott Fitzgerald :: Great Gatsby Fitzgerald

F. Scott Fitzgerald was born in St. Paul Minnesota on September 24th 1896. His father was from Maryland and his mother was the daughter of an Irish immigrant. Fitzgerald, unlikely to graduate from Princeton, joined the army in 1917. Stationed near Montgomery, Alabama, he met and later married Zelda Sayre, a high-strung woman from a family more prominent than his own. His first novel, This Side of Paradise, published in 1920, was a tremendous critical and commercial success. Fitzgerald followed with The Beautiful and the Damned in 1922, The Great Gatsby in 1925, and Tender is the Night in 1934. He died on December 21st, 1940 of a heart attack and Zelda died in a hospital fire eight years later. The Great Gatsby, by F. Scott Fitzgerald, is a brilliant illustration of life among the new rich during the 1920s, people who had recently amassed a great deal of wealth but had no corresponding social connections. The novel is an intriguing account about love, money and life during the 1920s in New York. It illustrates the society and the associated beliefs, values and dreams of the American population at that time. These beliefs, values and dreams can be summed up to what is termed the "American Dream"; a dream of money, wealth, prosperity, and the happiness that supposedly came with the booming economy and the get-rich-quick schemes that formed the essential underworld of the American upper-class society. This withering theme presents itself in the novel through many of its characters. The writing style throughout The Great Gatsby is terse and though the book is depressing at times, its overall message of hope and the American dream is inspiring. The story begins when Nick Carraway, a young man, moves to New York from the Midwest to join the bond business. There, he soon becomes acquainted with his wealthy neighbor Jay Gatsby, and they become good friends. Gatsby confides in Nick and tells him that he is in love with Nick's cousin, the beautiful Daisy Buchanan. However, she is already married to the young and successful Tom Buchanan, who is unfaithful and has an affair with poor George Wilson's wife. "Daisy and Tom were sitting opposite each other at the kitchen tableÂ… They weren't happyÂ… yet they weren't unhappy either" (Chapter 7, pg.148). Later, Nick arranges a meeting between Gatsby and Daisy but soon after, they became involved in a love affair. It is revealed that many years ago, Gatsby and Daisy were in love, but Daisy would not marry him because he was rather poor. The Great Gatsby by F. Scott Fitzgerald :: Great Gatsby Fitzgerald F. Scott Fitzgerald was born in St. Paul Minnesota on September 24th 1896. His father was from Maryland and his mother was the daughter of an Irish immigrant. Fitzgerald, unlikely to graduate from Princeton, joined the army in 1917. Stationed near Montgomery, Alabama, he met and later married Zelda Sayre, a high-strung woman from a family more prominent than his own. His first novel, This Side of Paradise, published in 1920, was a tremendous critical and commercial success. Fitzgerald followed with The Beautiful and the Damned in 1922, The Great Gatsby in 1925, and Tender is the Night in 1934. He died on December 21st, 1940 of a heart attack and Zelda died in a hospital fire eight years later. The Great Gatsby, by F. Scott Fitzgerald, is a brilliant illustration of life among the new rich during the 1920s, people who had recently amassed a great deal of wealth but had no corresponding social connections. The novel is an intriguing account about love, money and life during the 1920s in New York. It illustrates the society and the associated beliefs, values and dreams of the American population at that time. These beliefs, values and dreams can be summed up to what is termed the "American Dream"; a dream of money, wealth, prosperity, and the happiness that supposedly came with the booming economy and the get-rich-quick schemes that formed the essential underworld of the American upper-class society. This withering theme presents itself in the novel through many of its characters. The writing style throughout The Great Gatsby is terse and though the book is depressing at times, its overall message of hope and the American dream is inspiring. The story begins when Nick Carraway, a young man, moves to New York from the Midwest to join the bond business. There, he soon becomes acquainted with his wealthy neighbor Jay Gatsby, and they become good friends. Gatsby confides in Nick and tells him that he is in love with Nick's cousin, the beautiful Daisy Buchanan. However, she is already married to the young and successful Tom Buchanan, who is unfaithful and has an affair with poor George Wilson's wife. "Daisy and Tom were sitting opposite each other at the kitchen tableÂ… They weren't happyÂ… yet they weren't unhappy either" (Chapter 7, pg.148). Later, Nick arranges a meeting between Gatsby and Daisy but soon after, they became involved in a love affair. It is revealed that many years ago, Gatsby and Daisy were in love, but Daisy would not marry him because he was rather poor.

Free Will Philosophy Essay

I strongly believe that W. T. Stace is correct while arguing for the view of soft determinism, also known as compatibilism. Stace believes in compatibilism, which states that determinism is true, but free will still does exist. He puts both views together by studying the definition of free will. Stace asks, â€Å"How can anyone be punished or rewarded for his or her actions if they have no control over their actions? † That statement seemed extremely convincing to me because both d’Holbach and Chisholm supported one side of the argument. d’Holbach and Chisholm argued that we are either strictly determined by the laws of nature and physics or that we are not determined, rather being we have the power to do as we choose. Stace on the other hand, put both positions together and made them work together. He explained that the laws of nature and physics do have an impact on our choices, but we do have the ability to choose what we want to choose when making a decision. Outside forces may push on our decision, but we are the ones responsible for choosing what we want to choose. He persuasively defends his view of soft determinism by explaining the definition of free will. He states, â€Å"In order for one to define free will, one must look into how the phrase is commonly used. † The way a philosopher interprets free will is different than the way a common person will do so. Stace defines free acts as acts that are directly caused by a person’s internal thoughts or desires coming directly from the person. Not free acts are those that have outside forces pushing a person to do something a certain way such as a threat or harm. This was very different from what other philosophers have stated in the past. By providing examples of free will, Stace points out that free will clearly does exist. It wouldn’t make sense for free will not to exist since it is compatible with determinism.

Case study ‘Elite Hotel’ Essay

INTRODUCTION: In this case, the operating environment for Elite Hotel run in Azerbaijan is like that it is a newly independent republic country which formerly part of the Soviet Union and situated between Iran and Turkey. It is a lowly economic developed country but recently Western oil companies are looking for inward investment in the development of its oil and gas industry in this country. Therefore, there are plenty number of clients for the hotel and the local hotel can’t service these high level clientele. Thus it is worth to open an Elite Hotel in Azerbaijan. The hotel industry heavily utilizes labor for its daily operations. It is people-centric and thus HR practices are crucial to organizational success. Coupled with new regulations on labor, the hotel industry is a useful example to learn from, due to its high dependency on manpower. This answer aims to solve some of the key issues faced by the industry and specifically Elite Hotel, through which insights are derived from Elite Ho tel’s HRM strategies. THE MACRO OPERATING ENVIRONMENT: LOCATION: The hotel will locate at the capital city Baku in Azerbaijan. This city has a cosmopolitan reputation in an overtly Muslim country which can be defined as a traditional male dominance society. Therefore, the hotel needs to take care and show the respect to the local culture. Moreover, this city often loss its power such as gas, water, electricity during daily living. In order to maintain the high quality service and seeking to expand, the hotel need to solve this power issue at first. 2. DOMESTIC LABOR MARKET AND EVOLVING EXPECTATIONS According to the Trading Economics (2014), Azerbaijan has a high rate of unemployment at 5.2% in 2013. Hence, there are lots of well-educated people willing to do any kinds of jobs. Due to the strong competition for labor, hotels face difficulties in recruitment and retention, especially when hotel jobs are viewed as a high level wage payment. Therefore, to hire the local employees, the hotel must consider very carefully. Furthermore, this country also enforced a curfew, so if the hotel is seeking to expand, they must obey the laws and consider about the risk about the political instability. HR CHALLENGES: 1. TRAINING AND DEVELOPMENT The issue of productivity has never been more pertinent than now. Elite Hotel will have to enhance productivity from a smaller pool of labor without compromising on service quality due to challenges in employment. Training therefore is needed to boost productivity and standards of service to meet customers’ expectations. In departments with peak and trough periods, training can be mixed- the waiters in the F&B Division can be trained as lobby hosts or even wine sommeliers. Another problem is that the employee may not be reluctant to be training and spend off-work hours on job-related  tasks (i.e. lessons) THE IMPORTANCE OF KEY HIRES The importance of the first one or two hires is also a challenge. ‘I have long endorsed and applied the approach of finding the one or two key candidates. These are leaders who are respected in their present positions in the market, or who may have previously worked there, relocated for career opportunities or unrelated personal reasons in another market and who may desire to return or are willing to return for the ‘right’ opportunity’, according to Owen Dorsey(2011). 3. LOCAL VS. EXPAT Some local candidates should be recruited since hotel may be influenced by its ownership structure which includes political or governmental factors geographically. Increasing governmental pressures have been witnessed to create more jobs for local people so as to eliminate the dependence on foreign employees. In this case, Elite Hotel is planning to employs a total of 300 full-time staff across 7 departments for locals are cheaper than their foreign counterparts. It is good news to the hotel owners and also forces hotel management companies to think carefully when staffing a hotel. As Tim Williams (2013) addressed, â€Å"Do not hire expats as Resident Manager, Rooms or F&B Director unless you think they have the potential to push through to GM.† 4. THE WORKPLACE ENVIRONMENT Elite Hotel faces other HR challenge pertaining to the local culture workplace environment and because of the culture in Azerbaijan is a traditional male dominance society. Therefore, how to balance the relationship between female and male employees is very important. Q2. WHAT STEPS COULD BE TAKEN TO ENSURE THAT THE COMPANY MEETS THESE  CHALLENGES AND WHAT PEOPLE CAN THE COMPANY DRAW ON TO UNDERTAKE THESE TASKS? 1. EVALUATION AND SUGGESTIONS FOR TRAINING AND DEVELOPMENT It is of vital importance to ensure that employees are provided with knowledge and skills which aims to achieve a high standard of customer service. Elite Hotel needs to examine its 1) Training Needs Assessment, 2) Training Design and 3) Training Delivery. Under assessment of training needs, it is crucial to identify the training objectives and priorities – what KSAs (Knowledge, Skill and Ability) are needed in which department? How will task-specific KSAs evolve in the future as job descriptions change? In tackling the problem of unreceptiveness, Elite Hotel should focus on Training Design by analyzing Learning Readiness, Learning Styles and Learning Transfer, these which will eventually lead to effective learning. Managers need to find ways to boost their employees’ self – efficacy and motivation to learn before effective learning can occur. As part of job-site learning, Elite Hotel can introduce job rotations. This broadens one’s experiences and knowledge of overall hotel operations. E.g. in the Front Office Department, an employee can be rotated to the roles of concierge, front desk, porter. This is effective in teaching employees the technicalities of various roles, and in the event of manpower shortage, productivity will not be compromised. However, an employee might also be rotated away from a position that he excels in, resulting in underperformance in the new position. To mitigate this, Elite Hotel has to ensure that managers know the strengths and weaknesses of their staff. This aligns with its belief to â€Å"spend more time on people, educate them, counsel them [and] invest in our people†. 2. EVALUATION AND SUGGESTIONS FOR THE IMPORTANCE OF KEY HIRES In this case, if the Elite Hotel wants to set up a new hotel of international five-star quality, they have to look for experts to improve their network. Hiring an experienced GM or HR Director in the market would be the decisive factor especially when they are in place the whole thing unlocks. After  their join, the hotel could take advantage of their network to find out who they have worked with, who impressed them. That’s to say, the hotel may find potential clients. Nowadays typically a new brand in a new market may establish an executive committee which includes half internal hires and half external from the local market respectively. 3. EVALUATION AND SUGGESTIONS FOR LOCAL VS. EXPAT With a very limited hotel supply, now the owners of hotel have to concentrate more on training. Michael Farrell, an Elite Hotel senior manager, argue that in some markets we are entering there is no local talent full stop, so we have to develop it. We put in a General Manager and HR Director with very strong training focus and put a lot into people development. Over time we can then export and develop that local talent further in our older hotels back in Europe so that they eventually return back home with a raft of best practices to share.† 4. EVALUATION AND SUGGESTIONS FOR THE WORKPLACE ENVIRONMENT Enforcing that only the English language is spoken during work hours can address part of this problem. Elite Hotel also needs to manage relationships with NTUC, especially when active union members try to lobby for increased welfare and in particular, increased salaries. The hotel mavens, say, HR, need to study in the latest legislation and regulations, for instance, Employment of Foreign Manpower Act, Trade Unions Act and Work Injury Compensation Act etc. Moreover they have to keep learning professional knowledge through programs, courses and seminars. REFERENCE LIST: Trading Economics, 2014, http://www.tradingeconomics.com/azerbaijan/unemployment-rate Owen Dorsey. 2011, Tourism student perceptions of a travel agency career. Tourism and Hospitality Research, 1 (4), 295 – 312.