Thursday, September 3, 2020

ANalysis paper Essay Example | Topics and Well Written Essays - 1250 words

Investigation paper - Essay Example At long last, I will assess the accomplishment of these contentions, with the objective of understanding the job of class in contemporary African American racial relations. I will reason that while West’s idea of skepticism as a basic reason is an engaging one, it is difficult to decide a causal connection between the a wide range of issues confronting the lower class African American people group. For West, agnosticism is â€Å"the lived understanding of adapting to an existence of sickening futility, sadness, and (generally significant) lovelessness† (West 4). West underlines that skepticism is neither an issue lying in any social or political structure nor a conduct blemish, yet rather it is â€Å"a sickness of the soul† (West 5). West’s approach, at that point, is not quite the same as that of the liberal structuralists and preservationist behaviorists. The issue with both of these gatherings, as per West, is that each neglects to notice and address what he takes to be the genuine issue: the agnosticism with which poor, dark networks appear to be blasted. Moreover, the two gatherings just location each piece of the issue in turn while in all actuality â€Å"structures and conduct are indivisible, that foundations and qualities go hand in hand† (West 2). At the end of the day, it is extremely unlikely to discover what is the reason and what is the impact among structure and conduct operating at a profit common issues. Rather, it is this agnostic perspective that underlies and joins the two issues. Be that as it may, if the issue can't be disengaged as conveniently as the dissidents or preservationists propose, what should be possible in an unexpected way? West suggests that the ‘cure’ for agnosticism is â€Å"a love ethic† that may assist the African American populace with feeling that they are significant and important citizenry (West 6). So as to impact such a change, West uses the proposals of both the structuralists and the behaviorists to help fix both the auxiliary issues nearby

Saturday, August 22, 2020

Describing The Situation Essays

Depicting The Situation Essays Depicting The Situation Paper Depicting The Situation Paper The organization that will be utilized as a contextual analysis in this paper is Beverly Health And Rehabilitation Center situated in Jacksonville, Arkansas (Bates 11). Depicting The Situation Kimberly Holdford stops by the Beverly Health in June of 1997 to visit her grandma (Bates 11). Her grandma is Jewel Elizabeth Forester (Bates 11). Forester has been at the inside for a month as of now (Bates 11). She was admitted to the inside because of a session with an influenza which has been making her become unnecessarily dried out (Bates 11). Forester doesn't care for the middle (Bates 11). The assistants at the inside decline to help Forester when washing up, don't take her to the restroom, and cause her to get absorbed dung and to cry perpetually (Bates 11). Holdford must choose the option to let her grandma stay in Beverly (Bates 11). Beverly is the main nursing home with an accessible patient opening around then (Bates 11).â A representative reveals to Holdford that her grandma has been dealt with along these lines in light of the fact that the inside is inadequate with regards to workers or what is called, â€Å"understaffed,† (Bates 11). Forester is as yet dynamic and sharp at her age of eighty years of age (Bates 11). Before Holdford left for the outdoors trip in June of 1997,â Holdford saw that her grandma has been tired and bewildered and would not wake up (Bates 11). In any case, Holdford thought then that the capable specialists at the middle would go to her grandmother’s help promptly, so Holdford had a genuine feelings of serenity to leave the inside so as to go on to went on an outdoors trip with her significant other and twin girls (Bates 11). In any case, no specialist took care of Forester that day (Bates 11).â On Monday, Forester was found practically insensible (Bates 11).â When brought to the medical clinic, the specialists found That Forester has been enduring a three time overdose of the remedial medication Digoxin (Bates 11). Beverly staff had given Forester an overdose admission of the prescription (Bates 11). This slip-up has then caused the troublesome passing of Forester (Bates 11). How The Management Handles The Situation A VP of Beverly, Dan Springer, has recognized their slip-up (Bates 11). He has conceded that inside has been having situations when the nursing home has at long last stopped activity as required by the state (Bates 11). Various patients at Beverly likewise endured some tragic circumstances. The supervisory group of the nursing home has continually been not able to determine other comparative issues, for example, this that it has deteriorated that the state expected to expect it to stop activity. The Outcome Government authorities have required their staff to direct careful examination on the activity of nursing homes everywhere throughout the United States (Bates 11). President Clinton has requested that rehashed wrongdoers be punished, the equity office examines misrepresentation and maltreatment in the nursing homes, and Congress has been eager to update health advantage programs strategy so as to have the option to bear long haul care costs (Bates 11). However, these endeavors center more around eliminating costs in nursing home tasks than in giving great quality nursing care (Bates 11).â As long as government authorities can't understand this, the difficulty would not be settled. How The Case Affected The Organization The case is only one of the disasters that have happened at Beverly. It started the beginning of setback occasions that happened further from that point inside the middle. These disasters thus, made the inside be constrained by the state to stop its activities. Bates, Eric. â€Å"The Shame Of Our Nursing Homes.† The Nation 29 March 1999:11.

Friday, August 21, 2020

Hard Times :: Dickens Hard Times Essays

Tough situations   In this paper I might want to talk about the potentially influences that this book may have had on the world, the time around Charles Dickens, and the way that Charles Dickens gave close consideration to his general surroundings.   Charles Dickens, conceived Charles John Huffman Dickens, was conceived on Feb. 7 1812 in Portsmouth where his dad was an agent at the Naval Pay Office. After four years his family moved to Chatham and afterward moved to London. In 1824 Charles Dickens father went to Debtor's Prison. In 1833 Charles Dickens distributed his first story A Dinner at Poplar Walk. In 1838 one of Dickens most well known stories, Oliver Twist, was distributed in three volumes. In 1851 Charles Dickens father died. Next in 1861, another Dickens exemplary was distributed, Great Expectations. On June 9 Charles Dickens bites the dust, at the age of fifty-eight. What's more, was covered in Westminster Abbey.   This is the Penguin Classics variant of Hard Times by Charles Dickens that has be en altered by Kate Flint, who additionally included the presentation. I couldn't discover any data about the editorial manager, other than her name. I accept that Charles Dickens books, this one notwithstanding, have had an incredible effect on the world. Not just in the way that a portion of the books that he has composed are viewed as great or in the way that a portion of these books are required perusing in numerous secondary schools all through the U.S.. Yet in addition in the way that I trust a portion of his books had an impact in the manner the a portion of the laws in his time where detailed.   The way that Charles Dickens approach doing this is by expounding on the social issues inside the administration or only issues with how thing are being done as a rule. One model that I have found was in section 11, page 77, and commentary number 8. The line says I ha' coom to ask yo, sir, how I am to be ridded o' this lady. When you take a gander at the commentary it says that this line in the book is discussing a difficult that was very regular during Charles Dickens timespan. The issue that this line talks about is that it was everything except unimaginable for an individual who was of lower class to get a separation.

Tuesday, June 16, 2020

The Various Reforms To The Current US Education System - 4400 Words

The Various Reforms To The Current US Education System (Research Paper Sample) Content: US EDUCATION SYSTEM K-12 EDUCATIONIntroductionStructural changes to the current US education system specifically the K-12 system are thoroughly analyzed these days. American education system is the most costly system in the world on a per-pupil basis, yet the K-12 education pupils still do not perform adequately well on a worldwide level CITATION Hox17 \p 1 \l 1033 (Hoxby, 2017, p. 1). It is clear why many are so interested in the school reforms for K-12 education. The K-12 education per-pupil expense has increased by approximately 80% since 1970 CITATION Hox17 \l 1033 (Hoxby, 2017). However, student achievement has been nearly the same level over the period. Most school finance systems have been reviewed to target more funds to the underprivileged pupils. Also, there have been other critical reforms in the structure of K-12 schools finance in the United States. Even though the majority of the states have endorsed some form of choice in public schools such as charte r schools, state administrations are still less disposed to legislate programs such as tax incentives and vouchers that increase parents' ability to choose schools.In this analysis, I highlight theoretical changes to the K-12 education system and also evaluate empirical data relating to the reforms. The hypothetical reforms highlighted in this paper include replacing all local property or other state taxes with state income taxes and introducing voucher programs to all public schools which will be funded by state income taxes. I will also highlight and analyze state obligation in data reporting and curriculum correction.The recent discussions about K-12 education frequently highlight changes that strive for improvement to the quality of education. Though, what is currently lacking from the education reform discussions is how these modifications will be viable to the education system. Economic principles are valuable for the analysis of education system changes since econometric tech niques and evaluation methods developed over time are very suitable for analyzing the changes. Also, most of the issues arising from the K-12 education system are associated with funding and operational school changes which are mostly established on economic principles. These policies and related opinions need to be subjected to empirical examination. In the following analysis on theoretical changes to the US education system, I have attempted to present these reforms through current empirical techniques and rigorous economic reasoning.Empirical Evidence on K-12 Education Funding ReformsThe analysis of state income tax replacing local property taxes or other state taxes to fund K-12 education should begin with pointing out the shortcomings of local property taxes in funding K-12 education. The majority of the states construct education systems financed mostly by local property taxes. Public school finance systems are extremely complex and differ from state to state. The federal gove rnment contribution to education funds is about seven percent of the aggregate education finances, while the rest is divided between local and state aids, predominantly by local property taxes and state income taxes or excise taxes respectively CITATION Pet05 \l 1033 (Peter Bluestone, 2005). The method incorporated in the distribution of the state contribution to local schools is also rather complex. It involves some combination of basic funding, local option and categorical funding which involves additional state and federal funds, reserved for special education and schools with students from low-income families. This complexity often leads to significant disparities in funding acquired from local sources, federal and state. Naturally, wealthier localities generate more of their funding from local sources, whereas low-income districts are heavily reliant on federal and state sources ADDIN EN.CITE Charles Robinson201626-27(Robinson, 2016)17Charles RobinsonThe K-12 Funding Crisis26 -272016(Robinson, 2016).Through my study, I found out some insights on the usage of local property taxes as the source of school funds and the repercussions of replacing it with state funding. Local property values vary significantly in each region, so this form of financing will produce inequality of funding. The Supreme Court noted the need for changes to the K-12 school's finance aid and voiced concern about the extensive and substantial dependence on property taxes. Property taxes have been considered to be a stable source of income for schools at least until the Great Recession in 2008 ADDIN EN.CITE Charles Robinson201626-27(Robinson, 2016)17Charles RobinsonThe K-12 Funding Crisis26-272016(Robinson, 2016).Many economic development advocates argue that lower property taxes attract business and industries to a state. The main issue is that property taxes affect the local government institutions such as school districts more than the state. Thus the states are pursuing strategic economic policies statewide that will help solve the issues hindering localities ability to fund their activities. States comprehend they have educational funding shortcomings and have initiated to look elsewhere for funding such as state income taxes. Some of the states that have considered this option of funding education include Pennsylvania, Illinois, Maine and New Jersey.PennsylvaniaIn Pennsylvania, Representatives of the State passed a legislature on education funding programs. The main points of the legislation are an increase in income tax that will give schools scholarships for pre-school and kindergartens in local schools that participate in the reform, funding tutoring programs and more funds to improve standardized test scores ADDIN EN.CITE Ryan Jamie Parot2008 (Jamie Parot, 2008)27Ryan Jamie ParotEducation Funding Sources2008 (Jamie Parot, 2008).The state Senate adjusted the plan and eventually passed, though, with a lower income tax rise and subsequently lower educatio n funding. Residents were not supportive of the state income tax rise, only when it was linked to school funding. The link to education funding increased the backing for the tax rise from most residents.IllinoisIn Illinois, the shift to state income tax was proposed by advocates of school funding reform who were pushing to increase state income taxes to fund education in 2005. Regardless of the effort Governor Blagojevich barred the bill because of his initiative of not raising taxes.MaineIn Maine, a report produced by the Education Funding Reform Commission commended balancing the main methods of raising taxes between property taxes and state income taxes. They also proposed limiting the amount of property taxes that is raised to fund education and making up the difference by substituting with a reduced rate sales tax ADDIN EN.CITE Ryan Jamie Parot2008(Jamie Parot, 2008)27Ryan Jamie ParotEducation Funding Sources2008(Jamie Parot, 2008).New JerseyThe state of New Jersey claims prop erty tax financing as the source of the constant letdown to provide satisfactory and fair education funding for all pupils. New Jersey ranks as the fourth state whose school costs are mostly funded by local property taxes. New Jersey is making an effort to change a percentage of school funding from property taxes to state income taxes, hence the state funding almost half of the cost of public schooling ADDIN EN.CITE Ryan Jamie Parot2008(Jamie Parot, 2008)27Ryan Jamie ParotEducation Funding Sources2008(Jamie Parot, 2008).The states above have incorporated state income taxes as a source of school funding to some extent. The results of eliminating local property taxes as the source in this plan will generate both some setbacks and advantages. First, people will not be entirely supportive of the tax raises as previously seen in Pennsylvania. State income taxes have fewer letdowns, unlike property taxes that fluctuate constantly. The above programs give an insight of state income taxes replacing local property taxes, and with the available data, it seems as if it is a much stable system in spite the possible criticism from taxpayers.Economic Principles to Assess the Fairness of State Income TaxesAs an economist, I rely on the ability-to-pay and benefit principles to assess the fairness of taxes. According to the benefit principles, property taxes would be considered fair if there were a systematic correspondence between the taxpayers ability to pay as measured by income or wealth and the tax burdens generated. In my evaluation property taxes as a source of education funding seems to fail both of these tests. While income and net wealth are suitable gauges of ability to pay there is less agreement about how the ability to pay varies as the indicator varies. Does taxation in conformity to ability-to-pay require progressive or regressive rates? Despite the lack of certainty regarding the required link between the indicator of ability-to-pay and the tax rate, there se ems to be a broadly based agreement that fairness in taxation requires a progressive rate structure.Depending on the initial setup state income tax is relatively the most progressive tax available in the system where the wealthier people bear, the greater share of the taxes. State income tax has more benefits than other forms of taxes hence making it viable as a source of education funds. It is easier to administer and has the potential to generate a lot of revenue. The structure for the state income tax would be similar to the federal framework, and hence the states would only need to amend the rates and income brackets. Arguments against state income taxes claim that progressive income taxes rates decrease private earnings on economic activity hindering further economic growth. Income taxes are however unpopular politically because they are progressive, and the...

Monday, May 18, 2020

Bcg Growth Share Matrix - 772 Words

Dublin Institute of Technology MSc COMPUTING SCIENCE (Information Technology for Strategic Management) BCG Growth Share Matrix Research Assignment No. 2 The BCG Growth-Share Matrix The BCG Growth-Share Matrix is a portfolio planning model that was developed by Bruce Henderson of the Boston Consulting Group in the early 1970s. It is based on the observation that organisations business units can be classified into four categories based on combinations of market growth and market share relative to the largest competitor. Market growth serves as a proxy for industry attractiveness, and relative market share serves as a proxy for competitive advantage. The growth-share matrix thus maps the business unit positions within these†¦show more content†¦The cash cow generates a relatively stable cash flow; its value can be determined with reasonable accuracy by calculating the present value of its cash stream using a discounted cash flow analysis. Under the growth-share matrix model, as an industry matures and its growth rate declines, a business unit will become either a cash cow or a dog, determined solely by whether it had become the market leader during the period of high growth. While originally developed as a model for resource allocation among the various business units in a corporation, the growth-share matrix also can be used for resource allocation among products within a single business unit. Its simplicity is its strength - the relative positions of the organisations entire business portfolio can be displayed in a single diagram. Reference: Internet Center for Management and Business Administration Inc, 2003, BCG Growth Share Matrix, Available [Online]:Show MoreRelatedThe Bcg Matrix1694 Words   |  7 PagesBCG Matrix Opportunity - Threat Analysis Submitted to: Professor Clyde By : Parth Mithani Roll No. 60 F.Y.M.M.S. Alkesh Dinesh Modi Institute for Financial amp; Management Studies. 1) The BCG Matrix The BCG / Growth-Share matrix is a model developed by the Boston Consultancy Group in the early 1970’s. It is a well known tool for a marketing manager. It is based on the observation that a company’s business units can be classified into four main categories based on combinations of market growthRead MoreBcg Matrix Analysis2570 Words   |  11 PagesBCG Matrix Model BCG Matrix Model The BCG matrix or also called BCG model relates to marketing. The BCG model is a well-known portfolio management tool used in product life cycle theory. BCG matrix is often used to prioritize which products within company product mix get more funding and attention. The BCG matrix model is a portfolio planning model developed by Bruce Henderson of the Boston Consulting Group in the early 1970s. The BCG model is based on classification of products (and implicitlyRead MoreBcg Paper1921 Words   |  8 PagesManagement BCG Matrix Written by : Afringga Qurani A.S. (008201100114) Dery Apriani S. (008201100033) Firdausi Fananiar (008201100086) Mutmainnah Hauliyah (008201100120) Putri Azizah S. (008201100023) Rizqi Mulia Raya (008201100106) Lecturer : Mr. Irfan Habsjah Class : Accounting 2 President University Jababeka Education Park, Jalan Ki Hajar Dewantara, Cikarang – Bekasi 17550 BCG Matrix Definition of BCG Matrix Boston Consulting Group (BCG) Matrix is a four celled matrix (aRead MoreBcg Matrix Is A Model Developed Via The Boston Consultancy Group1691 Words   |  7 Pagesâ€Æ' BCG Matrix The BCG matrix is a model developed via the Boston Consultancy group within the early 1970’s. It is a good known device for an advertising manager. It s based on the commentary that a company’s business models can be categorized into four important categories centered on combos of market development and market share, for this hence the name growth-share matrix. Market progress represents the industry attractive attractiveness, and market share stands for competitive knowledge. ThisRead Moreadidas bcg2242 Words   |  9 Pagesï » ¿DEFINITION BCG MATRIX Boston Consulting Group (BCG) Matrix is defined by the following authors as follows: Table 1 Definition of BCG Matrix Pearce (2013) David (2012) BCG Matrix is an approach pioneered by the Boston Consulting Group that attempted to help managers â€Å"balance† the flow of cash resources among their various businesses while also identifying their basic strategic purpose within the overall portfolio. It is also known as â€Å"portfolio techniques†. BCG Matrix graphically portraysRead MorePortfolio Analysis5153 Words   |  21 Pagesstay in business. 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The decisions that the companies make are affected by the problem of resource scarcity. With many opportunities but limited resources, the companies should know what is the best to invest their cash in. Always, there is the question of how and where to invest the cash, it is a real challenge for those who are responsible for allocatingRead MoreAnalyse a Case Study `Change at Whirlpool Coroporationanalyse a Case Study `Change at Whirlpool Coroporation1424 Words   |  6 Pagesthe company . On the other hand , such a change can prove stressful to employees who have got used to working in small-town conditions where their environment is more or less safe Generation of strategic direction (Ansoff matrix Choosing the strategy from Ansoff s matrix , Whirlpool can follow the strategy of Market Penetration for established markets and Market Development for emerging markets In markets like the US where it is well-established , Whirlpool s strategy of brand value creation

Wednesday, May 6, 2020

The Theory Of The American Socioeconomic Interdependent...

Through the years, people have been influenced by their environment and have interacted with different socioeconomic sectors. Therefore, it is not a surprise that people study these sectors and how they affect our daily lives, for the better or the worse. One theory of the American socioeconomic interdependent sectors is social ecology. Social ecology is a system of 3 socioeconomic sectors: business, government, and civil society. Each sector gives social contributions but also has social limitations. If all three of the sectors live in harmony with each other, in a system of checks and balances, then there exists an excellent environment for human development and quality of life. However, if any of the sectors tips the balance too far over, problems arise and affect our daily lives. Keeping these sectors in check is our responsibility; therefore, we need to know what each sector offers and what can go wrong. The first of the socioeconomic sectors is civil society. Civil society is free people freely associating. Examples of civil society nonprofit groups in America is the Red Cross, Boy Scouts, San Antonio Symphony, and Saint Mary’s University. We can see that all these groups are made out of the free choice of people for the people. These groups can be selective; you would not expect a person that dislikes swimming joining the San Antonio Swimming Society. However, if said person loves reading books then he or she has can create a book club. It does not matter how manyShow MoreRelatedEssay on Labor Unions4638 Words   |  19 Pagesdisappeared. The decline is said to have been a result of â€Å"inadequate national leadership, opposition from existing craft unions, and the loss of major strikes in meat packing and railroads in 1886 and 1887† (Robinson, 1985, p. 57). In December 1886, the American Federation of Labor (AFL) was formed in Columbus, Ohio. The AFL was originall y named the Federated Organization of Trades and Labor Union back in 1881. 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Commercial Law Legally Blinding Contract

Question: Discuss about the Commercial Law for Legally Blinding Contract. Answer: Introduction It is the general position in contract law that for a contract to be valid there are essential elements that include an offer, acceptance, consideration and an intention to be legally bound, that must be present (Carter and Harland, 1998). Moreover, it will be deduced in this discussion that it is inconceivable that a contract will be enforceable where one party was a minor but the law is not cast on stones as will be shown. It is to be noted from the outset that the application of the rules in contract law emanate from the substance of common law, doctrines of equity and precedents which will be applied skilfully in determining the legal position of the parties in dispute (Beale, 2004). An offer is an expression of willingness to enter into a legally binding contract (Australian Woollen Mills Pty Ltd v The Commonwealth, 1954). An offer must certain and does not create any ambiguity as it is capable of being accepted. The acceptance of an offer must be communicated to the other party for it to be valid of the other party must have reason to believe that an acceptance has been made. (Day Morris Associates v Voyce 2003). For a contract to be validly enforceable there must be a sufficient consideration given by the other party (Chappell v Nestl 1959) Suffice to say, for the contract to be enforceable between the parties must have an intention that the contract will legally bind them (Edwards v Skyways Ltd 1964). John made a misrepresentation of his grade in the in the invitation to treat message that was put on the Facebook site. A Misrepresentation is a statement that is made by a party to the contract before they enter into the agreement and its intention is to ensure that the other party is induced sign the agreement. For an action on misrepresentation to pass it must be in evidence that the statement that was made a false assertion of fact (Avon Insurance plc. v. Swire Fraser Ltd, 2000). Johns statement about the grade was clearly untrue as he did not score a distinction on the subject. It must also be in evidence that the parties hereunder relied on the statement to enter into agreement. This means that it must be shown that if the statement had not been made they would have not enter into contract (Smith v. Chadwick, 1884). Bernard vs Alan Alan has made an offer through his social network page that he is selling his book at a price of $200. Bernard replies to the offer made and expresses his interest in buying the book, however, he stated that he could only afford $150 for it. The issue that is up for determination is whether the acceptance that was made by Bernard was valid and whether the payment of the $200 on 3rd night after deep thinking amounted to an enforceable contract. The other issue in contention is whether the payment made by Bernard though post was valid. There has been a strenuous debate among contract law scholars as to whether the display of items in the internet amounts to an offer or an invitation to treat. The issue here is whether Alans display of the book for sale on Facebook amounted to an invitation to treat. In Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) (1953) it was affirmed that the display of items in a shop amounted to an invitation to treat because it was upon the customer to select the item of choice and make an offer to the teller to purchase the item. It has been conceded that the offer is properly made when the item is taken to the counter for pay (Fisher v Bell 1961). On the other hand, it has been argued that since the display of items in the internet will attract several offers to buy the product from clients, the vendor is not legally bound to accept all of such offers. It can be concluded from the foregoing argument that Alans display of an item on the internet was not an offer pe r see but rather an invitation to treat and he is not bound to legally accept all offers made. It also to be noted that john took Bernards money and promised him that he will deliver the book by 7th November. The legal consequences are discussed hereunder. Where a party makes an offer with certain terms and an acceptance is made but with new different terms that do not agree with the initial offer, the acceptance is deemed to be a counter offer and not a valid acceptance. The court in Hyde v Wrench (1840) stated that where new terms are provided in an acceptance to a contract, the acceptance is regarded as a counter offer. In the case in question there was a battle of forms and in the court of appeal has held in Tekdata Interconnections Ltd v Amphenol Ltd (2009) that the last offer wins the battle. It is thus submitted that a valid acceptance must be in response to the offer made. It is submitted that Bernard made a counter offer which was inform of an acceptance. He responded with new terms to the agreement thereby engaging in a battle of forms in which the last offer was not put until later on in 3rd November where he also gave his consideration through post. It is entirely true, as stated above, that the last offer wins the battle in a counter offer. Additionally, the postal rule is to the effect that once acceptance is communicated by post the contract is deemed to have been formed when the letter is sent and not received (Holwell securities Ltd v Hughes, 1974). This may have a superficial appearance of validating the agreement between Alan and Bernard but it will be later revealed by law that the agreement was not enforceable. Indeed, a consideration was given by Bernard although it was made late because an earlier acceptance to Alans offer was made by Damien whose legal position will be discussed later in the paper. Over and above all, since Bernard has made payment already which Alan has pocketed and the book was in fact free, he is entitled to an award of compensatory damages because there was no enforceable contract. In conclusion, it can thus be concluded that the offer made did not amount to a valid acceptance and Bernard cannot rely on the reply he made in the social network to Alans offer to enforce the agreement. Charleen vs Alan Charlene is Alans sister and she saw Alans post and has expressed her willingness to buy the book but Alan responded with a smile as he paid little attention to her. Charlene has left her consideration of $200 which Allan has pocketed on the table and the issue that is presented for determination is whether such an agreement is enforceable bearing in mind that Charlene was possibly be a minor since persons sitting for the GCE Levels are in most instances between the age of sixteen and seventeen. The other issues that will be determined will be whether the two siblings had an intention to be legally bound. It is a general principle in law that for a contract to be enforceable and binding, the parties the must be of legal capacity. It has been held that contracts that are entered to by minors are unenforceable unless they are contracts of necessity (Nash v Inman 1908). In Singapore, the position is that the contract will be valid only once a minor has attained the age of I8 (Civil Law (Amendment) Act 2009 section 35). It is worth noting that a contract with a minor will be valid if the subject matter of the agreement is a necessity. It was held in Peters v Fleming (1840) that gold rings were necessities to a child of a member of parliament. With regards to intention to be legally bound, the litmus test for determining the intention of the parties has always been determined by the rebuttal presumption. In family agreements the presumption is that the parties do not always intend to be legally bound by the agreement (Balfor v Balfour 1919). In Jones v Padavatton, (1969) a mother promised her daughter that she will pay her if she gives up her job and went to London to study for the bar. The court held that there was no sufficient evidence to rebut the presumption that an intention to be legally bound did not exist. In Wakeling v Ripley (1951) Mr. Riply who was a wealthy man asked his sister and brother to relocate to Australia to support him with the promise that he will pay them and they will stay in his house without paying rent and he will bequeath them all his wealth upon his death. Unfortunately, Mr. Riply did not meet the end of his promise. It was held that, despite it being a family agreement there was sufficient evidence to rebut the presumption that an intention did not exist between the two family members. The court established a test that should be considered so as to rebut the presumption in family and social agreements. It was held that it must be determined whether there was any degree of hostility between the parties, the seriousness of the conduct that was promises and the expense that was involved in coming to perform the promise. It has also been stated that where in a family relation, the agreement is a commercial one; the presumption will be that an intention existed betwee n the parties (Roufos v Brewster, 1971). It is imperative to note that the courts have developed a modern approach towards determining the intention of the parties which appears to be extinguishing the rebuttable presumption test. It has been held that test should be an objective one that seeks rather than a subjective one, which determines whether a reasonable person will infer that an intention existed if put in the same circumstances of the parties (Edmonds v Lawson, 2000). In Soulsbury v Soulsbury (2007) a spouse agreed to forego payment of maintenance to the expense that the other party will bequeath her property in his will. The promise was not fulfilled and the court applied the objective test to determine the intention where they held that an intention to be bound existed between the two family members. It is submitted that the agreement that was being made was one of necessity because being a student she needed the book which will be beneficial to her education. It then seems to be conceded that her capacity to contract will not be a bar to her to make an agreement on necessities which indeed is breathing life to the holding in (Peters v Fleming, 1840). With reference to the issue on intention it is submitted that, in applying the presumption test from the outset, there is no intention to be legally binding. By further applying the Objective test entrenched in Wakeling v Ripley (1951) it can be summed up that, taking all circumstances into consideration there was no consensus ad idem (meeting of the mind) between Alan and his sister. It was the intention of Alan not to sell the book to her sister and on the other hand the sister had the intention to buy the book. It can thus be conceded that the two had different intentions altogether and there they lacked the meeting of the minds. It has been held that the courts will look at the literal meaning of the words that were made in during the offer and acceptance and determine whether there was a meeting of the minds between the parties (WYDA Associates v. Merner,1996). Where there is no a meeting of the minds the parties will not be bound by the terms of the agreement and therefore the contract will not be enforceable. In Conclusion, the agreement between Allan and his sister is not enforceable despite Charlene giving a valuable consideration. The consideration was also given after Damien had made a valid acceptance of the same. It can be concluded that having there been no valid enforceable contract between the two Charlene is equally entitled to an award of compensatory damages. Damien vs Alan Damien discovers Alans offer and decided to contact him through a personal phone, accepting the offer made on the social network site. The issue for determination here is whether the acceptance that was communicated by Damien through the phone was valid. It is submitted that the rules governing instantaneous mode of acceptance shall be determined in terms of their applicability in the case between these two parties. On the other hand, the other issue that will emerge is if there was an intention to be legally bound between the two parties. The fundamental question at the end will be if there was any breach of the agreement by Alan because he delivers to Damien the book without the handwritten notes and claimed the notes are in the book and at the same time the books were offered for free in school. It is submitted that the traditional approach to the postal rule does not apply to instantaneous modes of communication such as electronic mail and mobile phone messages. The leading case here and probably one that goes furthest is Entores Ltd v Miles Far East Corpn (1955) where the claimant was based in London and he made an offer through telex to a client in Amsterdam who also made an acceptance through telex. Denning LJ, in this case, affirmed that the contract was fully formed when the acceptance was received by the defendant and that the contract is formed where the acceptance has been received. In commercial agreements, the presumption that usually exists is that the parties intend to be legally bound. In Edwards v Skyways Ltd (1964) the defendants had promised that they will make a payment of an ex gratia amount and even went to publish the promise in the newspaper. The claimant who was a pilot never received the extra amount that was promised because the company claimed that they had rescinded their decision. It was held that there was no sufficient evidence to rebut the presumption that the intention to be legally bound existed. From the above, it can be agreed that the rule of acceptance in electronic modes of communications will apply to this case. It can be stated that the acceptance of Alan offer that was made over the mobile phone was deemed to be valid once it was received by Alan, which he did. Alan and Damien were not friends and therefore it the nature of their relationship can be said to a commercial one and thus it will be an uphill battle here for Alan to show that an intention to be legally bound did not exist. Not even when applying the objective test here it can still be agreed that there was an intention to be legally bound existed between the two. In Conclusion, it is conceded that there was a valid and enforceable contract between Alan and Damien because all the essential requisites of a valid contract have been fully satisfied. It is thus a plausible conclusion that the only valid contract that was formed in this case is between Alan and Damien and going by the acceptance rule mentioned above the contract was formed when the acceptance was received on Alans Mobile phone. On the contrary, because of Alan trickery to defraud his colleagues yet the book was a free collection at school Damien will be entitled to the award of compensatory damages that will put him the position he was before the contract occurred. The only thing that could be validly sold was Alans written notes which he did not have. Alternative Dispute Resolution Mechanism Dispute resolution cannot only be undertaken in courts but there is a breadth of options available which form part of Alternative dispute resolution mechanism. Arbitration in Singapore can be handled by the small claim tribunal which when admitting a claim to its jurisdiction it will looks at the nature of the claim being made and the monetary value of what is in dispute. Essentially, the small claims tribunal has put a cap on the limit to be claimed to $10,000. In this case, it advised that the claims of three individuals are within the jurisdiction of the tribunal because the value that is in dispute is less than $10,000. It is of interest to note that the small claims tribunals have also been remarked to be expeditious in handling claims and less costly. The tribunal also disallows the parties to a dispute from being represented by lawyers in the tribunal and less a great injustice will occur to one of the parties. Unlike other forms of alternative dispute mechanism like mediation, arbitration has been argued to be expensive. It is also unfortunate or rather burdensome that in arbitration the parties will have to pay the arbitrator for handling the dispute and also pay for the location that was being used to listen and decide on the matter. It bears noting that the final finding and holding in an arbitration matter are binding. In arbitration the arbitrator will appointed by the parties that are in dispute and this has been said to promote fairness. The process of arbitration has been said to be almost similar to the court litigation process and thus it involves a lot of formalities and it could be slower in handling matters. Mediation refers to a situation where parties come together and sought out their issues in a just and fair manner through the use of a person who is not a party to tors of the dispute referred to as the mediator (Leonard, 1982). However, what distinguishes mediation from o ther dispute mechanisms is that it is relatively less costly and that the final finding in a mediation matter is not binding. The final outcome in the dispute in mediation is in many times held to be a fair outcome that suits both parties in dispute. It also involves less bureaucracies and formalities and it can be said to be more expeditious than arbitration. References Australian Woollen Mills Pty. Ltd. v. The Commonwealth [1954] HCA 20 Avon Insurance v Swire Fraser Ltd [2000] 1 ALL ER Comm 573 Balfour v Balfour [1919] 2 KB 571 Beale, H. (2004). Chitty on Contracts, Sweet Maxwell Carter J, W.and Harland, D. (1998). Cases and materials on contract laws in Australia, Butterworths Civil Law (Amendment) Act 2009 Chappell Co Ltd v Nestle Co Ltd [1959] UKHL Edmonds v Lawson [2000] EWCA Civ 69 Edwards v Skyways Ltd [1964] 1 WLR 349 1964 Entorres v Miles Far East [1955] 2 QB 327 Day Morris Associates v Voyce and another - [2003] All ER Fisherv Bell [1961] 1 QB 394 (QB) Holwell Securities Ltd v Hughes [1974] 1 WLR 155 Hyde v Wrench [1840] EWHC Ch J90 Jones v Padavatton [1969] 1 WLR 328 Leonard L, (1982) Mediation and Lawyers Ohio State Law Journal29 Nash v. Inman [1908] 2 KB 1 Peters v Fleming (1840) 151 ER 314 Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953) 1 QB 401 Roufos v Brewster [1971] 2 SASR 218 Smith v Chadwick (1884) 9 App Cas 187 Soulsbury v Soulsbury [2007] EWCA Civ 969 Tekdata Interconnections Limited v Amphenol limited [2009] EWCA Civ 1209 Wakeling v Ripley (1951) 51 SR (NSW) 183 WYDA Associates v. Merner (1996) 42 Cal.App