Website Development

Question: Talk about theWebsite Development. Answer: Presentation Review Plan a site is a joined point of view of various developments, like HTML, CSS, JavaScript and substantially more. Every site has different sides, one is client site, and another is the server side. For this circumstance, one and only side is used that is client side. To develop this site, the fashioner utilized HTML, CSS, and JavaScript. This site relies upon a school named Victorian Institute of Technology. Inspiration HTML is a basic and clear customer side vernacular. To diagram the Victorian Institute of Technology site, the web originator used HTML for its straightforwardness and flexibility. Another scripting language is javascript that is also outstandingly versatile like HTML. So the use of javascript amazingly supportive to layout a site. Plan an educational association website is very valuable for the website specialist to improve their aptitudes. Web composition Crowd The site is expected for the understudy those are need to take affirmation in Victorian Institute of Technology. The current understudies of the Victorian Institute of Technology can get points of interest by this webpage site. In this manner, the website specialist concentrated on the universal and local understudies. Capacities and Nature of the Institute Victorian Institute of Technology is an inside college. Various sort of courses is available here (Vadivu, Sumathy Vadivel, 2012). They offer diverse sort of courses for the worldwide and residential understudies. They furthermore offer different sort courses. For the propelled training reason, they offer one particular stream that is the single man of data innovation and framework. Expense structure of this establishment is likewise short (Robson, Freeman, 2012). The understudy bolster area is incredible then the other association. They give online confirmation office to their understudies (Vit.edu.au, 2016). Uncommon Approach The site bolster various usefulness, for instance, contact page, understudy data page, about us page and some more (Bassil, 2012). The about us page content the college information. In the fundamental page, one slider is added to exhibit a few information about the Victorian Institute of Technology. The HTML is used to cause the page to contain. CSS is used to framework and style all site pages. Javascript is used as a piece of this site plan reason. In the contact page, java content is used for the acknowledgment reason (Pattanayak, Patra Puthal, 2013). This is two or three novel approaches to plan this arrangement this Victorian Institute of Technology site. Stream Chart Figure 1: Flow Chart of web architecture (Source: Created by Author) Site Map Figure 2: Website Map (Source: Created by Author) Screen captures of the Web Site Screen capture: Home Page Recommendations to Improve Existingwebsite The current site can be improved by using lots of development. Understudies development can be incorporated the understudy page to upgrade the current site. By including drop-down menu bar on each page, the site can be improved. Course subtleties and charges structure can be incorporated this current site to upgrade. This site is just a model design for the last site. So the site can be upgraded from multiple points of view. Counting all the more remarkable CSS and javascript in each page, the current site can be made advances. Counting the establishment map in the get in touch with us page can be uncommonly valuable for the clients. These are the couple of suggestion to upgrade the current site. End In this paper, the detail structure and arranging technique are portrayed. The progression of the delineating stage likewise portrays by a stream diagram. This site relies upon a particular foundation. Hypertext markup language or HTML, CSS and Javascript is used to structure this site. All the site pages are planned cautiously to pull in the client. Logo of the site likewise put on each page. A menu bar is likewise used to associate every site page. The general site is extraordinarily attractable, and its value is very straightforward. References Bassil, Y. (2012). Autonomic HTML Interface Generator for Web Applications. Universal diary of Web Semantic Technology, 3(1), pp.33-47. Pattanayak, B., Patra, S. Puthal, B. (2013). Enhancing AST Node for Java Script Compiler A lightweight Interpreter for Embedded Device. JCP, 8(2). Robson, E. Freeman, E. (2012). Head first HTML and CSS. Beijing: O'Reilly. Vadivu, P., Sumathy, P. Vadivel, A. (2012). Picture Retrieval from WWW utilizing Attributes in HTML TAGs. Procedia Technology, 6, pp.509-516. Vit.edu.au, (2016). Proficient advancement in Melbourne, Australia. [online] Available at: https://www.vit.edu.au [Accessed 1 June. 2016].

Critical Essay A Tale Of Two Cities Example For Students

Basic Essay A Tale Of Two Cities Jarvis Lorry, a representative of Tellsons Bank, was sent to discover Dr. Manette, an unreasonably detained doctor, in Paris and take him back to England. Lucie, Manettes little girl who felt that he was dead, went with Mr. Lorry. After showing up at Defarges wine shop in Paris, they discovered Mr. Manette in an awful state and returned him to London with them. Mr. Manette couldn't rember why he had been detained, or when he was detained. He was in a territory of Post Tramatic Stress Dis-request. All the long periods of imporisonment prompted his madness, his life was in peril pretty much each second of his detained life. In 1780, after five years, Lucie, Mr. Lorry and Dr. Manette were called to affirm against Charles Darnay, a mentor who made consistent outings among France and England and was accordingly blamed for injustice. During these occasions the two governments were extremely suspicious about anyone who had the aperence of commiting injustice. Darney, since he travled to and fro between nations was an ideal suspect for injustice. The French Government had recently been toppled by the poor people, and working class and now run by them, the British then again was as yet a government and had horrendous industrial facilities and many ghettos, similar to France did. Darnay was absolved when a legal advisor, Carton, looked a lot of like him and an observer vacillated to decidedly recognize them. Container adored Lucie yet he was a smashed. Realizing that their relationship was miserable, he expressed that he would forfeit himself for her or anybody she adored in a passionate discussion. Darnay wound up wedding Lucie. Darnays uncle, the Marquiuis St. Evremonde, was killed by the dad of a youngster he ran over and Darnay acquired his Chateau. Darnay would not take it since he would not like to abuse the French individuals as his uncle did. In 1792, while the French Revolution was going all out, Darnay chose to go to France to spare a family worker, Gabelle. Upon his appearance, he was promptly imprisoned. Lucie and Dr. Manette before long appeared in Paris at the doorstep of Tellsons French office, where Lorry previously was available. Dr. Manette figured out how to get Darnay discharged following a year, yet he was re-imprisoned that day by Madame Defarge in light of the fact that his family, the Evremondes, had recently killed off her family. Darnay was attempted the following day and condemned to death. Manette returned into his deranged state with sadness. Container showed up in Paris and heard a plot by Defarge to likewise slaughter Lucie and Dr. Manette. Rapidly, he advanced into the jail with the assistance of spies and, with his nearby likeness, exchanged spots with Darnay. Container had organized the break of Lucie, Darnay, and Dr. Manette. Madame Defarge had been murdered by Miss Pross, a kind of generalization caretaker to Lucie, and got away with Lucie. Container relinquished his life for Lucie, her dad, and Darnay at the guillotine and along these lines passed on in triumph. Dickensâ attempted to show his perusers the force and perils of an unrest. He had a reasonable fundamental topic that mistreatment and abuse by a nobility will cause a revolt by those being misused, a reality that made the French Revolution inescapable. All through this book, it was obvious that Dickens drew an association among persecution and disorder. However the intensity of adoration and penance were, at long last, connected with a restoration of society. Dickens reason recorded as a hard copy this work was plainly and altogether did. The unforgiving treatment of the gentry towards the poor was continually appeared. In one case, the Marquis St. Evremonde ran over a worker kid and just through a couple of coins at the dad to make up for this misfortune. The rebellion of the upheaval was appeared by the various crowds that wandered the lanes of Paris. Numerous nobles had left France and there was no amazing government. Along these lines an immediate association was drawn between the abuse by the gentry and the flare-up of upheaval transforming rapidly into disorder. Dickens was one-sided with a compassion toward the defrauded, particularly for youngsters. .u5a61503c98dec7dc1aefcc77796f3804 , .u5a61503c98dec7dc1aefcc77796f3804 .postImageUrl , .u5a61503c98dec7dc1aefcc77796f3804 .focused content region { min-tallness: 80px; position: relative; } .u5a61503c98dec7dc1aefcc77796f3804 , .u5a61503c98dec7dc1aefcc77796f3804:hover , .u5a61503c98dec7dc1aefcc77796f3804:visited , .u5a61503c98dec7dc1aefcc77796f3804:active { border:0!important; } .u5a61503c98dec7dc1aefcc77796f3804 .clearfix:after { content: ; show: table; clear: both; } .u5a61503c98dec7dc1aefcc77796f3804 { show: square; change: foundation shading 250ms; webkit-progress: foundation shading 250ms; width: 100%; darkness: 1; progress: haziness 250ms; webkit-change: murkiness 250ms; foundation shading: #95A5A6; } .u5a61503c98dec7dc1aefcc77796f3804:active , .u5a61503c98dec7dc1aefcc77796f3804:hover { obscurity: 1; progress: mistiness 250ms; webkit-change: haziness 250ms; foundation shading: #2C3E50; } .u5a61503c98dec7dc1aefcc77796f3804 .focused content territory { width: 100%; position: rela tive; } .u5a61503c98dec7dc1aefcc77796f3804 .ctaText { outskirt base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; content enrichment: underline; } .u5a61503c98dec7dc1aefcc77796f3804 .postTitle { shading: #FFFFFF; text dimension: 16px; textual style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u5a61503c98dec7dc1aefcc77796f3804 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; fringe: none; outskirt sweep: 3px; box-shadow: none; text dimension: 14px; text style weight: striking; line-stature: 26px; moz-fringe span: 3px; content adjust: focus; content enhancement: none; content shadow: none; width: 80px; min-stature: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/basic arrow.png)no-rehash; position: outright; right: 0; top: 0; } .u5a61503c98dec7dc1aefcc77796f3804:hover .ctaButton { foundation shading: #34495E!important; } .u5a61503c98d ec7dc1aefcc77796f3804 .focused content { show: table; tallness: 80px; cushioning left: 18px; top: 0; } .u5a61503c98dec7dc1aefcc77796f3804-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u5a61503c98dec7dc1aefcc77796f3804:after { content: ; show: square; clear: both; } READ: The Kite Runner - EssayThe thought that the misled, when coerced for a considerable length of time, would revolt was a focal thought behind this novel. The unreasonable detainment of Dr. Manette destroyed him. He would never really escape from his jail understanding and in snapshots of extraordinary pressure returned to the craziness which Mr. Lorry and Lucie had found upon him at Defarges. Darnay had been attempted frequently and approached conviction various occasions all because of the past activities of his family. He was a simple survivor of the past. Dickens plainly demonstrated solid help for Darnay and Dr. Manette not just in the result, where they effectively got away from France, yet in addition all through the story. At the point when the laborer youngster was run over by Marquis St. Evremonde, Dickens indicated a lot of hatred for Evremonde, when he simply offered a couple of coins as his regret, and made a feeling this was an awful demonstration. I have taken in a lot about existence during the early French Revolution and saw the disorder with much inward profundity while perusing this novel. Individuals from the upper gentry were, by and large, progressively vain that I had recently believed them to be. Men like Monseigneur, an individual from the decision government, just lounged around the greater part of the day discovering approaches to engage themselves and caring nearly nothing, if by any means, for the government assistance of France, in any case for anybody other than themselves. The various hordes were increasingly unstable then I had anticipated. They meandered, wrecking indiscriminately, and went on to another errand with little influence. Numerous crowds rooted for in euphoria Darnay when he was cleared at his first preliminary in France however were similarly as energized when he was sentenced to death the subsequent time. Society by and large during the French Revolution has become much more clear to me. I saw this novel as incredibly elegantly composed. It was originallyâ a minimal hard to comprehend until I got engaged with the characters. By then I had no issue following the plot, which really turned out to be very quick. The French Revolution was splendidly shown in the entirety of its viciousness and political agitation. The fundamental thoughts of mistreatment and insurgency made it pleasant to perceive how the characters collaborated. I discovered Carton particularly interesting. He realized that Lucie could never court him, when her union with Darnay, yet he committed his life to her and surrendered it at long last for her. In spite of the entirety of the discouraging parts of the novel, Dickens subject of revival turned out to be considerably more obvious towards the end and really was very rousing. As Carton gave his life for Darnay and Lucie, his last vision of a superior society left me with a cheerful mentality and appeared to be an unprecedented method to close.

How Cigarette Butts Pollute the Environment

How Cigarette Butts Pollute the Environment Addiction Nicotine Use The Inside of Cigarettes Print How Cigarette Butts Pollute the Environment By Terry Martin facebook twitter Terry Martin quit smoking after 26 years and is now an advocate for those seeking freedom from nicotine addiction. Learn about our editorial policy Terry Martin Medically reviewed by Medically reviewed by Sanja Jelic, MD on January 21, 2020 Sanja Jelic, MD, is board-certified in sleep medicine, critical care medicine, pulmonary disease, and internal medicine.   Learn about our Medical Review Board Sanja Jelic, MD on January 21, 2020 JLFCapture/E/Getty Images More in Addiction Nicotine Use The Inside of Cigarettes After You Quit How to Quit Smoking Nicotine Withdrawal Smoking-Related Diseases Alcohol Use Addictive Behaviors Drug Use Coping and Recovery As of Dec. 20, 2019, the new legal age limit is 21 years old for purchasing cigarettes, cigars, or any other tobacco products in the U.S. Thousands of smokers dont think twice about leaving a trail of cigarette litter behind them. According to Keep America Beautiful  (KAB), Americans are smoking fewer cigarettes than ever before, yet cigarette butts continue to be the most commonly littered item in the United States and around the world today.?? A Plague on Our Planet KAB specifies two reasons for this statisticâ€"lack of awareness on the smokers part, and the lack of availability of waste receptacles at transition locations, such as outside stores and other buildings, and at public transportation pickup spots. Surprisingly, 77% of people in a survey by KAB responded that they didnt think of cigarette butts as litter. KAB also notes that for every public cigarette butt receptacle, cigarette litter drops by 9% in that area.?? Cigarette Filters Are Bad for the Environment The core of most cigarette filters, the part that looks like white cotton, is actually a form of plastic called cellulose acetate. By itself, cellulose acetate is very slow to degrade in our environment. Depending on the conditions of the area the cigarette butt is discarded in, it can take 18 months to 10 years for a cigarette filter to decompose.?? But that isnt the worst of it. Used cigarette filters are full of toxins, which can leach into the ground and waterways, damaging living organisms that come into contact with them.?? Most filters are discarded with bits of tobacco still attached to them as well, further polluting our environment with nicotine, which is poisonous.?? Cigarette Filter Facts Here are some additional facts about cigarette filters: Cigarette filters were designed to absorb some of the toxins in cigarette smoke and collect solid particles known as tar. They are also intended to keep tobacco from entering the smokers mouth.Most cigarette filters contain a core of cellulose acetate and two layers of wrapping that are made of paper and/or rayon.Cellulose acetate fibers in a cigarette filter are thinner than sewing thread and a single filter contains more than 12,000 of these fibers.??The inner wrapper on a cigarette filter is designed to either allow air to flow through it from the core for light cigarettes  or to block airflow for regular cigarettes.The outer layer of paper is engineered to not stick to a smokers lips and attaches the filter to the tube of tobacco.Chemicals are added to cigarette paper to control the burn rate, and calcium carbonate is added as a whitener, in part to create appealing ash as the cigarette burns. The Toxins in Cigarette Butts Toxin-filled cigarette butts work their way into our waterways primarily through storm drains that dump into streams and lakes. Studies conducted by Clean Virginia Waterways have shown that just one cigarette butt in approximately two gallons of water is lethal to water fleas, a tiny crustacean found in freshwater and saltwater.?? And those tiny bits of tobacco left attached to cigarette filters carry more toxins than the filters do themselves. Cigarette filters are a threat to wildlife that could ingest them, mistaking filters for food, and to small children, who may eat them if theyre within reach. The Threat of Fire Discarded cigarette butts also pose a significant threat to our environment in terms of fire. Every year, forest fires ravage vast areas, killing off wildlife and vegetation that take years to return. Some of those fires are started by natural causes such as drought, lightning, and the like. But according to the National Fire Protection Agency, smoking materials like cigarettes, pipes, and cigars, cause around 90,000 fires every year in the United States and are the number one cause of fire-related deaths.?? Cigarette-induced fires claim hundreds of lives in the United States each year and injure thousands more, not to mention the millions of dollars that go up in smoke in property damage. Staggering Numbers and Statistics Think about this: One million is a large number, but when were speaking in terms of billions (a thousand million in U.S. terms) and trillions (a thousand billion), the numbers are so large its hard to truly fathom their proportions. As you read the following statistics, remember that most of the enormous numbers represented here are repeated yearly: There are more than 1 billion smokers in the world today,?? and if current trends continue, that number is expected to increase to 1.6 billion by the year 2025.China is home to more than 300 million smokers  (one-third of the worlds smokers) and they consume approximately 2.3 trillion cigarettes a year.??Worldwide, approximately 10 million cigarettes are purchased a minute, 15 billion are sold each day, and upwards of 5 trillion are produced and used on an annual basis.Five trillion cigarette filters weigh approximately 2 billion pounds.??Its estimated that trillions of filters, filled with toxic chemicals from tobacco smoke, make their way into our environment as discarded waste yearly.?? Taking the Steps to Quit Everythingâ€"absolutely everythingâ€"about cigarettes threatens life on our beloved planet. They pollute the ground we walk on and the air we breathe. And if we smoke, cigarettes poison us slowly, stealing our quality of life long before they kill us. If youre a smoker thinking about quitting, take steps today to put that last cigarette out and start a new chapter in your life. A chapter free of guilt and worry. A chapter filled with the self-empowerment that smoking cessation brings. Yes, recovery from nicotine addiction takes some hard work early on, but with support and a plan, you can leave your smoking habit behind for goodâ€"both for your health, and the health of the planet.

The Tale Of The Book Enchanted - 1680 Words

If there was a single word in the entire English language that could aptly describe the total encompassing sensation Olivia felt possessing her entire being, it was enchanted. Never before had someone like this stranger completely captivated her wholly, at least no one who was alive. Yet as she stood before him breathlessly admiring his brilliant jade orbs, the young woman had forgotten the purpose of her venture into London s East End. In that same moment, she was awestruck with this stranger and much like the Grimm fairy tales she had adored reading as a youth, she felt as if she had been dropped into her own gothic tale. The particular spell the stranger had weaved without speaking a word felt unbreakable but for the dark haired†¦show more content†¦Reality had long since faded away and in its stead was the lovely gritty black and bloody red daydream she had to hide from the world beneath false pretenses. The same desire to remain within her twisted sweet dream returned a s she basked within her own insanity silently, breathlessly drinking in this tall, dark stranger, Darcy forgot for the moment like a bad memory. Just as she had opened her mouth to say more, perhaps to request a name, did he respond, halfheartedly mentioning her companion. Wait, she had a companion? Wide eyes flicked towards the pale male beside her M-My companion? Oh...- She even questioned aloud before her voice held instead disinterest for the man at her side. Sadly, the carmine and onyx daydream she was having began melting away as reality slowly shift back into focus as she realized that any fantasy world that she constructed would most certainly not contain the spoiled, selfish playboy that was Darcy Oxenham. With a reluctant sigh, Olivia smiled back to the stranger and offered a quick Let s hope not in response to the dark clad gentleman s comment about Jack and his killings. In truth, the Ackerman girl wanted nothing more than to hear about another grizzly, disbodied murder in the papers as it meant Jack s work hadn t been concluded. Sadly like most sweet dreams, her s came to an immediate, screeching halt as it was when the dark stranger with his soul searching emerald gaze dipped his hat inShow MoreRelatedThe Truth About Princesses in Fairy Tales830 Words   |  4 Pagesbeautiful, always gets her prince charming, and lives an enchanted life for ever after, is a dangerous â€Å"reality† to create for young girls. Eventually, while growing up from child years to young adults, girls in this type of environment can develop a gender constructed identity that, they are superior and deserve an enchanted life. It’s a dangerous reality for these young girls because they will grow up to believe that, they’re entitled to the fairy tale life, having pure beauty , marry her dream man, conceiveRead MoreElla Enchanted Book vs. the Movie Essay1512 Words   |  7 PagesElla Enchanted book vs. the movie Many books that were published years ago have recently been made into movies. One of the well-known books that have been made into a film is Ella Enchanted (1997) by Gail Carson Levine. This book won several awards, including the Newbery Honor book in 1998. Ella enchanted, the Disney movie version was released in 2004. Anne Hathaway played the role of Ella and it was directed by Tommy O’Haver. The story talks about a girl named Ella who is cursed at birth by aRead MoreComparison Of Black Beauty And Ella Enchanted859 Words   |  4 Pages The books Black Beauty by Anna Sewell and Ella Enchanted by Gail Carson Levine may seem worlds apart at first glance. Black Beauty is a classic tale about a horse in the 1800’s as he is passed from owner to owner, each treating him with different levels of respect and kindness, showing whatever social class, age, or gender someone may be or belong to, kindness is a choice, and it really does affect people and animals. Ella Enchanted i s a more recent story, but no less compelling. It is a creativeRead MoreCinderella vs Ella Enchanted Essay2614 Words   |  11 PagesCinderella vs Ella Enchanted The tale of Cinderella has been heard and read for many generations. The idea of rags to riches has appealed to countless readers through varying accounts. The plot of Cinderella has become a traditional theme. Through different cultures and eras the theme has seen many copies, remakes, twists and views in literature, theater and film. Today’s era of blended families and conflicts in class statuses may be why Cinderella has been a classic. One of those twists is seenRead MoreChildrens Literature Midterm Essay785 Words   |  4 Pagesfairy tales most frequently uses animals as characters? Trickster tales 4. Which category of traditional literature is also considered poetry? Ballads 5. Which book was the FIRST significant fantasy novel ever published? Black Beauty 6. Tall tales originated in the U.S. 7. Type IV animal fantasy (told though animals’ viewpoint) will always have: real world setting 8. The Caldecott medal is awarded annually to: illustrator///United States 9. Which story is a classic example of an enchanted journeyRead MoreThe Sweet Hereafter and The Pied Piper of Hamelin Essay670 Words   |  3 PagesPied Piper A tragic event can occur in no longer than a moment and produce a domino effect that can change everything in your life. The book The Sweet Hereafter by Russell Banks contains such an event. This book has a modernized undertone of the folk tale The Pied Piper of Hamelin by Robert Browning. This tale is carried throughout the books entirety. Both of these stories show connections in many ways and almost parallel one another in their basic plot of showing the painful effectsRead MoreAnalysis Of The Film The Beauty And The Beast 1296 Words   |  6 PagesBeautiful. Amazing Set and advanced technical aspects. It follows the movie very closely, adding a few songs and some extra dialogue. This is one of my favorite Disney movies and is now one of my favorite musicals c. The Special Effects: Whether it be the tale of how the Beast came to be with lighting and thunder or when the Beast turned human again, the special effects used in this play were amazing. I especially liked the last scene where the Beast was transformed back into a prince. He was lifted up intoRead MoreOscar Wildes The Selfish Giant: A Felicitous Ending?748 Words   |  3 PagesFelicitous Ending? No one will dispute the fact that Oscar Wildes short story, The Selfish Giant, is a piece that is undoubtedly for children (Luthra 2009). The tale is rife with imagery and diction that appeals to a childs sensibilities, and is complete with a hero (or anti-hero) and other children, facets of which are endemic of childrens literature. However, the primary problem with this interpretation of this short story is that virtually all childrens stories end happily. Wildes narrativeRead MoreThe Effects Of Children s Literature On Kids1512 Words   |  7 PagesMaria Tatar is a published author, whose mastery lies in children’s literature. Tatar’s work, Enchanted Hunters: The Power of Stories in Childhood, focuses on the impact of children’s literature on kids. According to Tatar, children don’t read analytically to find the meaning or lesson behind the words on the page, but rather they seek the â€Å"vicarious pleasure† given off as they explore the worl d in their books (Tatar 17). Depending on different circumstances, many children read to escape their ownRead More King Arthur Essay example1129 Words   |  5 Pagesin a deep sleep in a tower where he cannot get out. Arthur’s sister Morgana Le Fae, tricks him into doing battle against his own knight who has his sword, Excalibur. While he is sleeping, she steals his magic scabbard and throws it into the lake. Book II: The Knights of the Round Table Sir Gawain and the Green Knight- The Green Knight makes a deal with Gawain who must meet him a year later to have his head cut off. A year later Gawain goes out to find him like he promised. And stays at a man’s

Walt Disney America`s Great American - 665 Words

On December 5, 1901, Elias Disney and Flora Call Disney gave birth to a man who would eventually change our world by the creation of a little mouse. Walter Elias Disney, who was also known as â€Å"Walt,† was born in a small town in Chicago, Illinois, by a father who was an Irish-Canadian descent, and his mother who was a German- English descent. Walt was one out of five children, four brothers and a sister. Their names were Herbert Arthur Disney, Raymond Arnold Disney, Roy Oliver Disney, and Ruth Flora Disney. Walt was the oldest one out of the five. While he attended school, he was introduced to Walter Pfeiffer, who decided to show Walt vaudeville and the art of making movies. Walt decided to drop out of high school, at the age of sixteen, to join the army. He was rejected to join because he was too young of age. He and a friend decided to join the Red Cross, where Walt was an ambulance driver during World War II. In 1919, Walt moved to Kansas City to begin a career in art, and worked for the newspaper, as a newspaper artist. He met Ubbe Iwerks, and he and Disney soon made their own commercial company called, â€Å"Iwerks-Disney Commercial Artists.† After he met Ubbe Iwerks, Disney and Iwerks decided to open a company called Laugh-o-Grams, which screened short animated cartoons that became very popular in the area of Kansas City. Disney hired a number of animators to work in the company. Unfortunately, the studio profits failed, and Disney ended up in loads of debt, and becameShow MoreRelatedWalt Disney Has A Vast Effect On My Personal Journey As An Artist1321 Words   |  6 PagesWalt Disney has a vast effect on my personal journey as an artist. From Walt Disney’s childhood and humble beginning in Marceline, Missouri, to creation of the Walt Disney Animation Studios of today, Walt’s story is one of perseverance. 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It is not uncommonRead MoreDisney And His Creations. â€Å"An Artist And Patriot, Walt1562 Words   |  7 PagesDisney and His Creations â€Å"An artist and patriot, Walt Disney was a man that changed lives†. He was a man that stood for freedom, and he would take a stand to help the American war efforts with his Animations. His passion would go on to capture the minds and the lives of many Americans. After World War I Disney would go on to learn how to create animations. The fame that Disney received for his animations quickly spread his films through the nation. Of course, there were other propagandist that wouldRead MoreWalt Disney Is Not A Utopia1202 Words   |  5 PagesIf you are reading this, you know who Walt Disney is. You can name at least five Disney movies off the top of your head and recall your emotions when watching all of them. Since the 1920’s,America’s society has been morphed by Disney and his animated productions. People have grown up watching his movies and singing his songs. A single Disney song can provide unity within a room of strangers, for they instantly have the schema to sing every word and feel nostalgic.Throughout history, Disney’s filmsRead MoreLeadership Skills And Organization Of Walt Disney969 Words   |  4 Pages WALT DISNEY LEADERSHIP AND STRATEGY SUBJECT NAME : MGMT20131 Organizational and Governance Leadership GROUP MEMBERS : SHAIK AZHARUDDIN(s0273889) GAYAM SESHI REDDY(s0280903) SAI KIRAN PALLIKONDA(s0278967) SIVAPRAVEEN SIVASANKAR(s0277212) LECTURER NAME :Read MoreThe Disney Departure : Differences Before And After The Death Of Walt Disney1459 Words   |  6 PagesThe Disney Departure: Differences Before and After the Death of Walt Disney According to the leadership of the Southern Baptist Convention, the Walt Disney Corporation historically stood for â€Å"basic American virtues and values† but now represents a â€Å"significant departure from Disney’s family-values image, and a gratuitous insult to Christians and others who have long supported Disney.† Their belief is that Disney entertainment products produced while Walt Disney was alive differ substantially fromRead More Walt Disney Essay1540 Words   |  7 Pages Walter Elias Disney nbsp;nbsp;nbsp;nbsp;nbsp;At a time in American history when jobs were scarce and money was hard to come by, one mouse and his group of animated friends, with their comical antics brought smiles to the faces of children and adults alike. The mouse’s name was Mickey, and with his creation came the birth of a multibillion dollar corporate empire, all because of one man’s dream. nbsp;nbsp;nbsp;nbsp;nbsp;Walt Disney was born in Chicago, Illinois on December 5, 1901, andRead MoreWalter Elias Disney s Life1693 Words   |  7 PagesWalter Elias Disney was born in December 5, 1901 in Hermosa, Illinois. Walt Disney was born to his two parents Elias Disney, who was an Irish Canadian, and Flora Call Disney, who was a German American. His siblings are Roy O. Disney, Raymond Arnold Disney, Herbert Arthur Disney, and Ruth Flora Disney. For most of his childhood, he grew up in Marceline, Missouri. As a child, Walt would sell his drawings, painting, and pictures to his neighbors and family friends. In 1911, he moved to Kansas CityRead MoreDisney Company : Domestic Operations And U.s. Economy Growth1724 Words   |  7 PagesThe Walt Disney Company – Domestic Operations and U.S. Economy Growth Walt Disney is an American company, born and flourished in America. The business operation of the company is massive in the United States with its main headquarters in Burbank, California. There are five major business segments of the company; they are Media Network, Parks and Resorts, Studio Entertainment, consumer product, and interactive media and Walt Disney together with its subsidiaries and affiliates is a diversified globalRead MoreWalt Disney s Influence On The Entertainment Industry1561 Words   |  7 Pagesto me, can be summarized in four C s. They are Curiosity, Confidence, Courage, and Constancy and the greatest of these is Confidence. When you believe a thing, believe it all the way, implicitly and unquestionably. The man behind this genius statement is the one and only Walt Disney. From rags to riches, Disney made strides in the entertainment world that reshaped America’s entertainment industry, as we know it today. From cartoon strips to Disneyland, Walt Disne y’s contributions to the theatre

Dental Fillings A Threat to Your Health or Harmless Free Essays

According to the American Dental Association, dentists have been using amalgam fillings for over a century. â€Å"It’s the least expensive type of filling, used in roughly a third of procedures to replace tooth decay† (Southall 1). The amalgam fillings often called â€Å"silver† fillings consist of a mixture of metals: Fifty percent liquid mercury and a fifty percent mixture of silver, tin, and copper (Magner 1). We will write a custom essay sample on Dental Fillings: A Threat to Your Health or Harmless? or any similar topic only for you Order Now In the 1970’s some of the first claims were made that the mercury in amalgam fillings could be responsible for many health problems (Magner 1). Since then, scientific studies and research on amalgam fillings have unveiled a wide range of health problems that come from mercury exposure, and groups are urging the F. D. A. to ban these so called â€Å"silver† fillings. However, the F. D. A. stills deems amalgam fillings safe for adults and children over six, leaving the general public with the question, â€Å"Do amalgam fillings pose a significant threat to human health? † Since the F. D. A. eemed amalgam fillings safe for the public, many people hold the view that the mercury used in dental fillings is safe and poses no threat to human health. The F. D. A. has based its decision, to allow dentists to use amalgam fillings, on scientific evidence that proved there were no harmful effects from amalgam fillings. In Sharon Begley’s informative article â€Å"Mercury Tooth Fillings: F. D. A. Does an About Face,† she states in 2006 the Journal of the American Medical Association had come to a conclusion on the threats of amalgam fillings. The conclusion: after following just over 1,000 kids for five years in one study and seven years in the other, the scientists found no evidence of harmful effects† (1). In Begley’s article one of the science teams stated that, â€Å"No statistically significant differences were found between children in the amalgam and composite groups. In I. Q. , in memory abilities, in visuomotor. In all, there were no statistically significant differences in adverse neuropsychological†¦effects observed† (1). Begley’s article offered strong cientific evidence supporting the FDA’s decision to uphold the use of amalgam fillings in America. Ashley Southall put forth an article in 2009 noting mercury levels safe in fillings. Southall mentions that the F. D. A. had stated, â€Å"while elemental mercury has been associated with adverse health effects at high exposures, the levels released by dental amalgam fillings are not high enough to cause harm in patients† (1). Although Southall did use some statements from the F. D. A. , she failed to use specific scientific studies to support the F. D. A. s claim of amalgam fillings being s afe which made her article weak. Not only is there scientific evidence that amalgam fillings aren’t dangerous, there is also â€Å"the basic fact of chemistry: The mercury in dental amalgam chemically binds to other elements; the result is a substance that is hard, stable, and safe† (Magner 5). People who hold the view that the mercury used in dental fillings poses no threat are supporting their views with more scientific studies. According to Lois Magner some of the most compelling data has come from studies on dentists. Magner states, â€Å"studies have shown that dentists do tend to have higher levels of mercury in the urine than does the general population. Yet dentists still have no greater risk of illness or death. In other words, even dentists’ above-average mercury levels do not seem to be high enough to cause harm† (5). Magner fears that even though the risk posed by the mercury in amalgam fillings is minimal to none and even though it is cost effective, it can still be banned on unfounded fears (7). On the contrary, many hold the viewpoint that the mercury in amalgam fillings is dangerous and has adverse health effects. Supporters of this view may have based their decision of scientific evidence as well. In an article put forth by the Physicians for Social Responsibility it stated, â€Å"autopsy results have shown that methylmercury causes nerve cell death and scarring in selected areas of the brain† (2). Not only is the brain affected from methlymercury so is the cardiovascular system. There have been links between methlymercury and high blood pressure, heart-rate abnormalities, and heart disease (Physicians 2). The Physiciams also noted that â€Å"while several organ systems in the body can be affected by methylmercury, the major target system is the central nervous system, and the most vulnerable life stage is fetal† (1). There was also a study put forth by the Centers for Disease Control that found nearly 8% of women of childbearing ages had mercury levels to high to be considered safe for a fetus (Physicians 3). This could mean millions of children and women are at risk for adverse health effects associated with mercury poisoning. The article â€Å"Mercury Contamination Poses a Serious Health Threat†, offers strong scientific evidence supporting the claim of adverse health effects from mercury exposure, and could definitely change ones mind on the decision to keep or remove their amalgam fillings. I have come to the conclusion that amalgam fillings may be dangerous in large quantities. If I had the means to remove my amalgam fillings safely I would. I have watched many peoples’ testimonies on youtube. om supporting the claim that their amalgam fillings were the cause of several adverse health effects, and that once the fillings were removed many cancers and disease left the body. Many of these people were taking a holistic approach to health and had had their amalgam fillings removed in conjunction with a lifestyle freeing the body of intoxicants. Although I have found much evi dence supporting the claim that amalgam fillings aren’t a threat to my health, I still fear they may be. A judge accused the FDA of dragging its feet when it came to the regulations of amalgam fillings (Begley 1), and the F. D. A. as classified amalgam fillings as a Class II or â€Å"moderate risk,† medical device (Southall 1). Still more research and scientific evidence in America needs to be put forth in order for the F. D. A. to put strict regulations on the use of mercury in fillings. I have also found in my research that working in the dental field may also be dangerous because of the high levels of mercury. Unfortunately these are not from credible sources. In this great country of Amercia we have the Freedom of the Press and it just sickens me that conglomerates have control of about two-thirds of our newspapers and can control what is printed (Burns 2). In order to get the truth on whether or not amalgam fillings can cause adverse health effects, one must evaluate why the F. D. A. is motivated to deem amalgam fillings safe, when so many individuals have come forth proving the contrary. Who pays the F. D. A. after all? Is a question I still need to answer myself. As for now the American Dental Association isn’t going to get rid of an affordable practical solution to tooth decay just because some individuals think their health issues were related to their amalgam fillings. How to cite Dental Fillings: A Threat to Your Health or Harmless?, Papers

Effective Business Communication

Question: Discuss the importance of communication. Answer: Introduction: The importance of communication is in indispensible because it assists a company to be high yielding and administer the working procedures effectively. Workplace communication is the exchange of words between two or more person in an enterprise. Communication mechanism is the process that we use while talking in a workplace. In this essay, I will be demonstrating the ways of communication and how it changes from place to place. Here I will discuss how communication has affected my career growth. An organization has many employees and they all belong to different part of the society. I have realized from my past job experiences that communication is important to know the activities that are culturing in the workplace. I have gained many experiences, which has assisted me to enhance the communication skills. At the starting of my career, I never understood the value of communication skills. I thought that earning a degree in IT would gain me righteous position in a workplace. I will tr y to analyze the problems I faced in my workplace first and then I will assess them in order to project an idea on what is the proper way of communicating. The courses on different communication that I have attended while studying in business school will guide me to assess the problems. The courses provided me with the knowledge so that I can suggest possible solutions that arise at the workplace regarding communication. Effective business communication: Networks, networking and media choice: Networking plays an important role in todays world. Social media is an important mediator through which people can interact with other. According to social exchange theory, while communicating through social media, one should be careful and should maintain formality to avoid miscommunication. I never thought of joining social media but I have a flair for writing that is why I opened an account in social media site. Following the theory of observational learning, I observed others who are using social media and imitated the process. Social sites are very easy to use and I learned very quickly how to access the site. I started writing blog on regular basis. According to Kim 2013, while writing in social media one should be careful about the approach. Formality and professionalism are the two key aspects that one should maintain while writing. I used personalized approach while writing those blogs and reflected personal feelings about the topic. I delineated my feelings about prejudices of religion that are present in the workplace. The content has my perspective about the subject that rose speculations and many people showed condemnation about my writing. I realized that using personal tone in social writing was my worst mistake. Social presence theory discusses about the interpersonal limitation that one should maintain while communicating in social media. I did not use the technique that I should have while writing the content. According to Green 2012, social media is a platform where people from many place accumulate and present their views. So while writing, I need to approach unbiased bridleway. In the future, I need to more careful about what and how I will present my views so that it does not hurt feelings of any one. The theory of self-efficacy theory taught me that in order to successfully represent myself I need to focus on the target and act according to the need of the situation, that is why I posted an apology that my intention was not to hurt or tar get any of my colleagues of my workplace. Social media is the essential part of our society that has both positive and negative aspects. While sending a business e-mail, an individual should be very particular about the professional and formality quotient of the letter. However, the approach of the content should be respectful. The course on networking was very descriptive and elucidated the importance of following the ethics of social writing. The course assisted me to understand the mistakes that I did earlier. The classes provided me concrete perspective as to how I should communicate in social media. The course of networking helped me to master the skills of writing in social media. I have also developed the knowledge of sending formal letters to the higher authorities of an institution. This course has helped me to acknowledge the mistakes that I have made at the past. The lectures helped me in acquiring knowledge and rectifying my skills in non-verbal communication. Cross cultural communication: Social exchange is an important theory through which I have learned that communication is one and only way to overcome cultural differences in the work place. I work in an organization where people from different cultural background come to work. In my business course, I learned that communicating with people of different culture and background in the organization is necessary because we have to work as a team. According to Rasmussen Sieck 2015, individualistic culture and their styles affect the relationship process. In my business study, I came across trait theory that helped me to understand the necessity of analysis of human traits. At first, I did not understand the techniques that I should follow in order to communicate effectively with the people of my workplace. At first, I used denial and displacement as I was very frustrated that I cannot communicate with my colleagues. Accepting them with their cultural discrepancies helped me to bond with them. I approached them with sym bolic interaction that I have learned in my course to discuss about informal day-to-day topic. Social construction of a workplace develops when we talk to each other and generate an environment where individuals of an organization can thrive. Persuasion is the tool that I used to initiate conversation. I understood the persuasive skill that an individual require to attract people. Banduras attribution theory helped me to understand why an individual act in certain way. I have a Japanese colleague who greets us by bowing his head. Social exchange theory helped me to understand their cultural discrepancies and to communicate with them effectuality. Once I needed help about a work that my supervisor assigned to me, I was very afraid but expectancy theory forced me to ask my supervisors help. The business classes that I took helped me greatly in communicating with people of different culture. In my study, I learned about social theories, which gave me prominent knowledge about the aspec ts and values related to workplace culture. I amazed by the diversity of people present in a workplace but my courses on cross communication technique helped me greatly. The organization that I work in motivates us to work conjointly. Theory of motivation suggested by Maslow guided me to understand the value of motivation in social culture. Intercultural relation in an organization helps in forming essential concept as what is the motive of the organization. In my courses, I learned that organizations that support multiple cultures prosper in business. The lectures that I attended on cross communication culture assisted me to understand about culture and ethics that every culture has. I confronted many difficulties while I first started working but I found that my workplace has certain relevancy with my course. I utilized the knowledge that I gained from my tutorial classes to solve my workplace issue. Cross-cultural communication is the way through which different people communicat e irrespective of their culture. The classes I attended on cross communication culture exhibited the principles that one should follow to conduct communication with different people. Cultural diversity that exists in an organization should not affect the environment. In my professional life, the lectures of the courses have helped me. I am well assured in future also the acquired knowledge on communication skill will assist me to communicate with different member of the organization in proper way. Process communication: Process communication involves a relevant and valid procedure that authorizes a person to understand, communicate and motivate other people. Process communication is the type of communication process that motivates an individual after profoundly understanding the personality structure and providing them with needed training. It is the most functional tool that helps in improving the communication skills and recovers from internal and external struggles that one confronts while having conversation. In my first day of the job, I faced this problem. According Allen et al.2014, process communication is the method through which we first measure our behavior and then analyze the situation and act according to it. At first, I hesitated but after that, I approached my supervisor and asked him to guide me, as I knew nothing about the job. Process communication is the way through which individual behavior is assessable. I now understand that considering psychological condition of an individual is vital to fulfill their needs. In a workplace of an organization, many factors trigger conflicting situation. In that case, process communication is very important to bring those circumstances under control. Recognizing the psychological needs is essential in an organization. I have gained this knowledge from the classes I attended in the course. I have learned from the courses that constructive communication is essential in an organization to avoid conflict. The courses have guided me to understand the role of management in effective process communication. Managing conflicts in a workplace is important to reduce the tension that can affect the people working in the organization. Earlier, I got into trouble as I failed to report my supervisor about my failure to complete an assignment. When he questioned me, I could not communicate in proper way, as I did not know the effective way of communicating, thus it worsened the situation. I have understood through the course that a logic al thinker is capable of delivering process communication. Moral and ethical conducts are the key skills that have helped me to develop my position in organization. The lectures that I attended on process communication guided me analyze certain situation and come up with certain solutions. Conflict management is the part process management. When we were studying communication, we were given tutorial classes on conflict management. There were short courses on stress management. Finding problems and supporting them with necessary solution is vital so that organization can work effectively. The course that I have attended has assisted me to understand the value of process communication. Process communication is the kind of communication that provides reliable procedure through which one can understand the behavioral aspects of the other individuals. It is also important to recognize our skills so that we can implement them for the benefit of the organization. The tutorial classes on pr ocess communication gave me intrinsic knowledge on process communication. Simple observation and analyzing the behavioral aspect are the skills that the courses provided us. Communication process is interrelated steps that assisted me to understand the effectiveness of interpretation. Effective use of process communication has helped me in gaining control of the situation. Process communication is the effective tool that helps in assessing a situation or circumstances to control the situation. To control a situation communication is essential as the procedure needs assessing through effective interaction and act according to the need of the situation. The communication courses that I undertook helped me in gaining knowledge about the essentiality of communication to manage a situation. Process communication is the discipline that assists an organization in maintaining a well-balanced atmosphere. Conclusion: Assessing and analyzing are very important tools that one should use while communicating in a workplace. The courses have largely helped me in recognizing my potential. It has also helped me in restructuring my communication skill so that I can communicate in more organized way in my future. The guidance that I got from the instructors has assisted me in my learning procedure. The adjustment that I need to make in my communication strategy will definitely help me in getting better prospect in my future. I have definitely improved in communication procedure and have gained extensive knowledge in communication theories. Every communication in work place is important that is why learning the meticulous and professional way of speaking is indispensible. In order to be successful, ameliorating my communication skill and utilizing proper interacting skill will pave the way to succe Effective Business Communication Question: Discuss about the Effective Business Communication and Research Methods. Answer: Diagnosis and Reflection Diagnostic tools Effective communication is the fundamental of basics among the skills that are required to be successful in various aspects of business, marketing or say in an organization. Moreover, it is the relational skill required for learning which proves to be the most beneficial for effective communication. Tools used for the communication are as follows: JOHARI WINDOW: this is the communication model which is basically used to develop the understanding among the individuals. Joseph Luft and Harry Ingham have developed the model in 1995, Johari. The objective of this tool is to understand the grid of four quadrants: (Source: Mc graw Hill education, 1969) The first quadrant is the open area, which represents the things like behavior, attitude and skills that one knows about self as well as that others knows about you. The second quadrant here represents the blind area in which one is unaware of the things in him, and is known by others. The third quadrant is the hidden area which represents the things which are known by one and is not known by others. The fourth quadrant is unknown area which represents that is not known by you and by others also. Here, according to the team or in an organizational context the johari window has the goal so as to demonstrate the importance of effective communication, especially of open communication. Also, that the self-disclosure is important which shows up that how can the feedback help one grow professionally as well as personally. COMMUNICATION STYLE QUESTIONNAIRE: the communication style questionnaire depicts the questions which help in defining the key areas which enhance the effectiveness and the area in which one lacks due to weak communication skills. These key areas are the resources which shall help with either the enhancement or improving the skills. ASSERTIVE COMMUNICATION STYLE: is a style in which individuals clearly state their opinions and feelings, and firmly advocate for their rights and needs without violating the rights of others. Assertive communication is born of high self-esteem. These individuals value themselves, their time, and their emotional, spiritual, and physical needs and are strong advocates for them while being very respectful of the rights of others. Assertiveness allows us to take care of ourselves, and is fundamental for good mental health and healthy relationships. STASTICAL ANAYLSIS TOOLS: this shall contain the descriptive analysis of the conducted questionnaire which according to the number shall describe about the strengths and weaknesses that are helpful for the development of both self as well as a team. This is the effective tools used for analysis of such communication skills. The communication styles are basically of five types which are as: Assertive: this is meant for the personality type as with high self-esteem. It has its behavioral characteristic as achieving the goals without hurting others. This is the most effective style of communication. Aggressive: this is the style which is more about winning. The behavioral characteristic is loud, hostile, who will to get the goals at disbursement of others. This is an ineffective style of communication as people get more indulged into how the content is delivered. Submissive: this style of communication has its motive as less conflicts and content delivery in the pleasing manner. A person with submissive style behaves as the needs of other people are more important to be satisfied and also they have equal rights. The behavioral style is apologetic and volume is soft. Manipulative: this style is all about perceptive and scheming. They are highly skilled with controlling other for their own advantage. The behavioral characteristic is cunning with envious type of voice. Reflection Two tools for communication Required Development Perceptual barriers: when there is the difference in opinion of the people then such barriers are faced. These conflicts between the perceptions give rise to the need for the effective communication. The reason is the difference between how individuals perceive the things in an organization. Language barriers: language is the key source which is the medium of delivering the expressions and the communication done with others. This can be a barrier to the individual, and given that one can try to connect with others in their own local language. For this area communication development is required by the individual. The professional interaction which I have had in past 12 months was with the manger of an organization, as an aspiring manger it is very important that the communication skills to be more effective such as verbal, non-verbal and written. The weaknesses identified is the lack of confidence, introvert. Such skills which lack with the variation in the perception can be solved by knowing the work culture and the organization. Also when such training is given, the variation with the way of perceiving the things can actually match up with that of the individual and of the manager. Improving the effective business communication can be done by overcoming such barriers. Another are the language barriers which can be raised by the different people who use other local languages and hence becomes problem for the people to understand and hence as a result in communication further. These issues can be resolved by proving the language training to the people and by giving for certain actions as do n ot assume the things and let the time be allotted for the demonstration. Hence, the language and culture barriers can be overcome at the workplace. These are the effective business communication skills that are practiced in the organization and are useful for personal communication is as: learning to build a good memory, investing into a right communication and collaboration tools, how to deal with the sensitivity issues and also in improving the tactics which shall be more of in the pleasing tone, so as to get the work done with the subordinates. These are the skills which are learned at the workplace or in an organization and are useful for the personal effective communication tools. Literature Review Communication includes the process for sharing the information, ideas and messages within the period of time. Ways of communication can be as written, verbal, non-verbal (facial expressions). Effective communication is the vital part of our lives and also of the personal lives where people interact with each other (Encarta, 1998). As the process of communication continues there can be gap with the internal communication in organizations in between the sender and the receiver, researched from the practices at workplace. As per Alessandra Hunsaker, 1993 said that the better and effective the communication is the more, it will assist in achieving the mission and the objectives for the organization. Two issues taken from the diagnosis and reflection are as follows, the perceptual issues and the language issues that are faced in an organization in between the managers and his staff. This scenario is seen in the organizations where in the communication styles need to be developed and imp roved. As for the reason, that the effective communication is important for building and maintain the relationship at the workplace, irrespective of the authority and the hierarchy (Kristina L. Guo Yesenia Sanchez, 2005). This can have certain issues while the communication goes on, as the difference in the perceptions of the manager and his subordinating staff can be different. This is the matter of how on take the things in the perspective of the organization. For one individual, to be an effective communicator and overcome the ineffectiveness of business communication the goal of it should be to lessen the chances of mistakes and barriers for communication to be well panned and effective (Fowler Manktelow, 2005). The behavior and skills that are needed to be developed are as follows: Persuading the commands. Target the words of the people. Reaction shall be given on the content, not on the manner of expressing self. Intention should be clear before the actions. In this manner the behavior needs to be developed by the individuals for enhancing the effectiveness of business communication skills (Richards, 2012), and developing them. Further, the interpretational skills that needed to be acquired by the individuals in the so as to increase the level of the communication and lessen the communication gap which will enhance the efficiency of the organization are as follows (Fishman, 2000): the listening skills which shall help with the interpretation correctly. Also, it is the measure to be taken that the information of whatever level, is to be shared with the employees that will show the involvement of the employees in the management. The interpersonal skills that are identified as the type of communication are the verbal communication. They include the facial expressions, physical gestures, eye contact, voice pitch and the volume which constitute the important elements of non-verbal communication. Body language may have different interpretations with different working culture. These can be judged by the gestures and the understanding of the non-verbal communication. Also, different culture may have the different concepts relating to the personal space and the appropriate distances which can be a major issue in understanding (Lopaz, 1994). These verbal issues can be solved by developing the interpersonal skills such that this is the most convenient method of verbal communication which is mostly adopted by the people. The persuasion of this act is that the mangers can take the advantage of this verbal communication and hence can make their points more powerful and are actually considered to be the most effective. T his is also at the ease of communicating with other, as the oral communication needs more content to convey the appropriate message. The secrecy can be maintained with the verbal communication among the group of people with the discussion taking place. This is how the interpersonal skills are needed to be there for acquiring the knowledge and skills of the competence in the verbal area of communication with the context of the organization (ORTEGA, 2010). Action Plan The interpersonal skills are the one which are used in interacting with other individuals. Interpersonal skills are not only required and helpful with the individual interaction taking place but also very important at the workplace. These not just benefits, but are basically perceived that if one has effective interpersonal skills as optimistic, confident and charismatic which often endearing others. These skills include the verbal communication, non-verbal communication, listening skills, team working, negotiating, persuasion and influencing skills, conflict resolution, problem solving and decision making. These are the Interpersonal skills which shall help with communicating, interpretation by listening and perceiving things. Moreover the perception and the variation in the language errors can be developed by developing these interpersonal skills in the later months. Also, the steps that are to be taken in developing these skills and behavior can be as follows. For enhancing these skills the courses undertaken can be as the course for corporate communication training course which shall help the employees at all the levels seeking to maximize their performance and can hence can add value to the organization. This also helps with building memory power, enhances relationships and hence energizes communication skills. Another courses which can be undertaken by the CQU University Au stralia for the improving on the communication skills is the masters of communication that can be perused, also it has the professional career with the research part, and in addition to it many of the skills that are required by the employers in specifically developing the skills which are applicable at the work place also. All these are the opportunities which shall serve these courses are dynamic and has its importance. The certificate of IATA is awarded to the individuals with a grade of 70% or higher than that. Moreover, for acquiring enough of knowledge and improving the communication skills the self-help books that are can be referred are: 101 ways to improve your communication skills instantly (Bennie Bough, 2005). The assertiveness workbook: how to express your ideas and stand up for yourself at work and in relationship (Randy J. Patterson, 2000). People skills (Robert Bolten, 1986). These are the self-help guides which can be used for the improvements and developments further of the individual. The skills used for mentoring are the questioning skills and that of the listening skills. The reflective practice is the essential tools which can be used with the mentoring of the leanings and the relationships which shall reflect on ones own learning acquired from such mentoring relationships. The models which can be used for behavior learning is the Myers-Briggs-type indicator and transactional analysis. As a mentor it can be concluded that the process for learning and developing has always the pace for improvement. These are the programs which can be included within this action plan for improvement wherein the first month can be spent upon analyzing the skills and knowledge with the SWOT analysis. On this basis further, the trainings could be given in the next month along with the referral of the self-help guide books. The short term course options with their certifications listed above could be done in the third and fourth month. Fifth month has an action plan so as to evaluate the acquired knowledge and skills with the help of certain tools. The sixth month can be the time wherein these actions are actually implemented and hence can be judged for effective communication skills. This shall be the action plan for successful completion of developing effective communication skills. References Canale, M., 1983. From communicative competence to communicative language pedagogy. Language and communication, 1, pp.1-47. Fantini, A.E. 2009. Assessing intercultural competence. In Deardorff, D.K. (Ed.) The SAGE handbook of intercultural competence. London: Sage, pp.456-476. Frey, L.R., Botan, C.H., Friedman, P.G., Kreps, G.L. (1991). Investigating Communication: An Introduction to Research Methods. Englewood Cliffs, NJ: Prentice Hall. Heng-Tsung, D. and Shao-Ting, A. (2010). Implementing electronic speaking portfolios: perceptions of EFL. British Journal of Educational Technology, Vol 41, No 5 (2010), pp. 8488. Hicks, Michelle (2013), Measuring communication effectiveness [Online], Available at:https://idahobusinessreview.com/2013/08/23/measuring-communication-effectiveness/ [Accessed: 5th November, 2013] Hymes, D., 1966. Language in culture and society. New York: Harper and Row. Jones, Amy K. (2012) ,How to measure the effectiveness of communication [Online], Available at:https://www.wikihow.com/Measure-the-Effectiveness-of-Communication [Accessed: 5th November, 2013] Mayer, J. D., Salovey, P., Caruso, D. R. (2004). Emotional intelligence: Theory, findings, and implications. Psychological Inquiry, 15, 197215. Newell, A., Rosenbloom, P. S. (1981). Mechanisms of skill acquisition and the law of practice. In J. R. Anderson (Ed.), Cognitive skills and their acquisition (pp. 155). Hillsdale, NJ: Erlbaum. Parks, M. R. (1994). Communication competence and interpersonal control. In M. L. Knapp G. Miller (Eds.), Handbook of interpersonal communication (2d ed., pp. 589618). Thousand Oaks, CA: SAGE. Patterson, M. L., Ritts, V. (1997). Social and communicative anxiety: A review and meta-analysis. In B. R. Burleson (Ed.), Communication yearbook 20 (pp. 263303). Thousand Oaks, CA: SAGE. Penley, L. E., Alexander, E. R., Jernigan, I. E., Henwood, C. I. (1991). Communication abilities of managers: The relationship to performance. Journal of Management, 17, 5776. Phillips, G. M. (1984). A competent view of competence. Communication Education, 33, 2536. Powers, W. T. (1973). Behavior: The control of perception. Chicago: Aldine. Richards, L. (2012), 8 Characteristics of Business Communication [Online], Available at:https://smallbusiness.chron.com/8-characteristics-business-communication-1728.html [Accessed: 5th November, 2013] Trujillo, F. and ORTEGA, J., 2010. Discourse Competence. Dealing with Texts in the EFL Classroom. In Madrid, D. and McLaren, N. (Eds.) TEFL in Secondary Education. Granada: Editorial Universidad de Granada, pp. 123-145.

HIST150-Chapter 3 Flashcard

HIST150-Chapter 3

John Hopkins in his article, Constitution of Essay Example

John Hopkins in his article, Constitution of Essay Example John Hopkins in his article, Constitution of Essay John Hopkins in his article, Constitution of Essay A beneficiary under a trust is a voluntary unless he has provided valuable consideration. [ 1 ] Where a gift is made, the donee will ever be a voluntary as it is by definition made without consideration. The traditional just axiom is that equity will non help a voluntary. [ 2 ] This by and large means that where a gift is made amiss, equity will non enable the intended donee to claim the gift under a trust. However, there are exclusions to the regulation. This essay will see these exclusions and the extent to which the regulation has developed from equity will non help a volunteer to a place of equity will non help a voluntary if, in making so, it would mend the effects of a manque donor’s folly . The taking instance in this country isMilroy V Lord[ 3 ] where a voluntary title which purported to delegate 50 portions to Samuel Lord on trust for Milroy. Lord was already moving as Milroy’s agent under a power of lawyer. The formalities of the portion transportation were non complied with. Milroy hence sought to set up that a trust had been declared. It was held that an uneffective transportation does non represent a declaration of trust without at that place being a clear purpose to make a trust. Furthermore, if a voluntary colony is to be valid and effective, the trustor must hold done everything which was necessary to be done to reassign the belongings and render the colony adhering upon him. [ 4 ] As the portions had non been transferred, no trust was created and no gift made. The instance ofMilroy V Lordtherefore provides that for the colony to be adhering there must be either an outright transportation, a declaration of ego as legal guardian, or a transportation of belongings to a 3rd party as legal guardian. The facts ofJones V Lock[ 5 ] were that a male parent produced a check collectible to himself and said Look you here, I give this to babe ; it is for himself and placed the check in the baby’s manus. He so took the check back saying that he was traveling to set it off for him. It was held that there had been no effectual gift because no valid transportation had occurred. Furthermore, it was held that a failed gift can non be construed to be a valid declaration of trust. It was said that the important rule is that an proprietor must non be deprived of his belongings unless, by doing a valid gift or trust, he has demonstrated the earnestness of his purpose to dispose of the benefit of his belongings. [ 6 ] However, where the belongings is vested in the legal guardians in fortunes outside their capacity as legal guardians, the trust may be constituted, even though the donees are voluntaries [ 7 ] (Re Ralli’s Will Trusts[ 8 ] ) . Other exclusions include the regulation inStrong V Bird[ 9 ] andDonationes Mortis Causa. As these exclusions are uncommon, the chief exclusion and development every bit set out below will be the focal point of this piece. The instance ofRe Rose[ 10 ] demonstrates the rule that where a giver has done everything they can to reassign rubric to another but that straight-out trust has non been completed, an just involvement will hold passed, even where the beneficiary is a voluntary. [ 11 ] This rule is hence an exclusion to the general regulation that equity will non help a voluntary and is based upon the unfairness of renegue oning on a promise one time the giver has purported to reassign rubric by making everything necessary for him to make. The rule inRe Rosehas late been extended. InT Choithram International SA V Pagarani, [ 12 ] a adult male lying on his deathbed sought to declare an inter vivos trust over his belongings. The settlor’s purpose was to go one of nine legal guardians, but he failed to reassign legal rubric to all nine legal guardians and as a effect, under the ordinary jurisprudence of trusts, the trust would non hold been validly constituted. The Court of Appeal therefore held that he had neither efficaciously vested the belongings in the legal guardians, nor did his words of gift render him a legal guardian. Furthermore the tribunal will non give a benevolent building so as to handle uneffective words of straight-out gift as taking consequence as if the giver had declared himself a legal guardian for the donee . In the words of Hopkins, the Court of Appeal decided the affair on the footing that equity will non help a volunteer or perfect an imperfect gift . [ 13 ] In leting the entreaty, the Privy Council accepted the axioms but added that equity will non endeavor officiously to get the better of a gift . The concluding for keeping a trust was that the trustor had done all that was necessary to represent a trust, by declaring himself as legal guardian. His words that he would give’ could merely so intend I give to the legal guardians of the foundation trust title to be held by them on the trusts of the foundation trust deed . [ 14 ] The instance ofChoithrammay hence be taken to be support for Hopkins’ statement that that the tribunals have left behind the well-known just axiom equity will non help a voluntary and have reframed it as equity will non help a voluntary if, in making so, it would mend the effects of a manque giver s folly. This is because, in bothRe RoseandChoithramthere was no folly in the sense that the giver had non done all that was necessary and hence, on the footing of the reformulated axiom the trusts were justly held. Conversely, in bothJones V LockandMilroy V Lord, the giver had non done all that was necessary, and was hence moving in folly. However, this is non the terminal of the developments. InPennington V Waine[ 15 ] A owned 1500 of the 2000 portions in C Ltd. She instructed P, a spouse in C Ltd hearers, that she wished to reassign 400 portions to her nephew H and that he was to go a manager. A signed the portion and P placed it on the company’s file . A made her will a short clip later willing the remainder of her shareholding but doing no reference of the 400 portions transferred to H. Under the traditional jurisprudence, as seen above, the gift would hold been complete merely one time the signed stock transportation signifier and the portion certification had been handed to the beneficiary. The Court of Appeal in fact held that the gift was to be regarded as wholly constituted, despite the deficiency of bringing and the fact that there was seemingly nil to halt A from remembering her gift. [ 16 ] The Court of Appeal followed the axiom as stated inChoithramthat equity will non help a voluntary but will non endeavor officiously to get the better of a gift. It was held that at the clip it would be conscienceless for the transferor to be able to alter their head, equity should keep the gift to be decently constituted. Per Arden LJ: If one returns on the footing that a rule which animates the reply to the inquiry whether an seemingly uncomplete gift is to be treated as wholly constituted is that a giver will non be permitted to alter his or her head if it would be conscienceless, in the eyes of equity, vis-a-vis the beneficiary to make so, what is the place here? There can be no comprehensive list of factors which makes it conscienceless for the giver to alter his or her head: it must depend on the tribunal s rating of all the relevant considerations. What so are the relevant facts here? [ A ] made the gift of her ain free will: there is no determination that she was non competent to make this. She non merely told [ H ] about the gift and signed a signifier of transportation which she delivered to [ P ] for him to procure enrollment: her agent besides told [ H ] that he need take no action. In add-on [ H ] agreed to go a manager of the company without bound of clip, which he could non make without portions being transferred to him. It has been argued that this determination was based on a misinterpretation of the determination inChoithramwhere it was held that it would be as conscienceless for a trustor who had declared a trust when he was one of a figure of legal guardians to later resile from his declaration as if he had declared himself to be the exclusive legal guardian. [ 17 ] Furthermore, it is widely accepted that the determination goes much further than old jurisprudence. [ 18 ] Analyzing Hopkins’ statement in visible radiation of this development, it is improbable that the axiom can be said to be redefined to integrate the donor’s folly, as the present place appears to go forth plentifulness of range for helping a voluntary where making so would rectify a donor’s folly. Indeed,Pennington V Wainemay good be overruled in the hereafter, but at present, the most disposed re-statement of the axiom is: equity will non help a voluntary unless it would be conscienceless non to make so . [ 19 ] Bibliography Delany, H. , and Ryan, D. , Unconscionability: a consolidative subject in equity , ( 2008 )Conv401 Garton, J. , The function of the trust mechanism in the regulation in Re Rose , ( 2003 )Conv364 Halliwell, M. , Perfecting imperfect gifts and trusts: have we reached the terminal of the Chancellor’s pes? , ( 2003 )Conv192 Hopkins, J. , Constitution of trusts – a fresh point , ( 2001 )CLJUK483 Hudson, A. ,Equity and Trusts, 5ThursdayEdition ( 2007 ) , Routledge-Cavendish Martin, J.E. ,Hanbury and Martin: Modern Equity, 17ThursdayEdition ( 2005 ) , Sweet A ; Maxwell Morris, J. , Questions: when is an invalid gift a valid gift? When is an incompletely established trust a wholly constituted trust? Answer: after the determinations in Choithram and Pennington , ( 2003 )PCB393 Oakley, A.J. ,Parker and Mellows: The Modern Law of Trusts, 9ThursdayEdition ( 2008 ) , Sweet A ; Maxwell Pettit, P.H. ,Equity and the Law of Trusts, 10ThursdayEdition ( 2006 ) , Oxford University Press Tham, C.H. , Careless portion giving , ( 2006 )CONVPL411 Watt, G. ,Trusts and Equity, 3rdEdition ( 2008 ) , Oxford University Press 1

English annotation Essay Example | Topics and Well Written Essays - 750 words

English annotation - Essay Example e a human being and used to walk on two’s as he is told by those who knew him, â€Å"the people who survive the horrible chemical fog and poisoning of the water suffer from terrible diseases† (Sinha 1). People’s livers begin to rote as a result of the incidence of the ingestion of the chemicals in the industry. Khaufpur is a small poor town, it does not have doctors who can treat the disease that the people are suffering from. An American doctor, Elli Barber, is sent to Khaufpur to run a clinic without payment. The author describes that Elli Barber encounters a lot of problems than her earlier believe the activity will go on smoothly. The people of Khaufpur are very suspicious of the behavior of Elli and they believe that Elli is contacted to the thing they hate most, the Kampani. There is evidence that people do not have hope for the change. The narrator says that many people had written about the town, but it had not brought justice to the town (3). The subsequent paragraphs give the summary of what happens. A man named Zafar is a professional activist who champions for the rights of the people of Khaufpur. Zafar has a group of individuals that helps him to carry out his work of activism. The group consists of many people, who include; Farouq, Zafars right-hand man, Someraji, who was once a professional singer that has been an activist for about a decade, and Nisha, Zafars girlfriend, Somerajis daughter and the hope and girlfriend of Animals life. Animal is also ingested in Zafars group. He is used as a spy. Animal is sent into the clinic to watch over and inform on Elli and ends up befriending her. Zafar is seen as their god, respected for his kindness, respect and whatever he says no one can object. When Zafar suspects that Elli Barber is in league with the man they hate most Kampani, he cautions and convinces all the people to boycott and avoid the free medication (303). Animal believes that Elli will help him to achieve his dream. More than anything

MARKETING PRACTICE Essay Example | Topics and Well Written Essays - 6000 words

MARKETING PRACTICE - Essay Example The rationale iÃ'• that the more a company underÃ'•tandÃ'• and meetÃ'• the real needÃ'• of itÃ'• conÃ'•umerÃ'•, the more likely it iÃ'• to have happy cuÃ'•tomerÃ'• who come back for more, and tell their friendÃ'•. ThiÃ'• proceÃ'•Ã'• can entail the foÃ'•tering of long term relationÃ'•hipÃ'• with cuÃ'•tomerÃ'•. In order to determine cuÃ'•tomer wantÃ'•, the company uÃ'•ually needÃ'• to conduct Ã'•ome form of marketing reÃ'•earch. Overall, the marketer expectÃ'• that becoming marketing oriented, if done correctly, will provide the company with a Ã'•uÃ'•tainable competitive advantage. The concept of marketing orientation waÃ'• developed in the late 1960Ã'• and early 1970Ã'• at Harvard UniverÃ'•ity and at a handful of forward thinking companieÃ'•. It replaced the previouÃ'• Ã'•aleÃ'• orientation that waÃ'• prevalent between the mid 1950Ã'• and the early 1970Ã'•, and the production orientation that predominated prior to the mid 1950Ã'•. Ð…ince the concept waÃ'• firÃ'•t introduced in the late 1960Ã'•, it haÃ'• been modified, repackaged, and renamed aÃ'• "cuÃ'•tomer focuÃ'•", "the marketing philoÃ'•ophy", "market driven", "cuÃ'•tomer intimacy", "conÃ'•umer focuÃ'•", "cuÃ'•tomer driven", and "the marketing concept". The market orientation that a firm adoptÃ'• varieÃ'• depending on the product life cycle, the level of competition within the market, and external factorÃ'• Ã'•uch aÃ'• the economic environment. CompanieÃ'• are likely to modify their market orientation over the life cycle of a particular product, and it iÃ'• common for a Ã'•ingle company to have different productÃ'• with different orientationÃ'•. There iÃ'• no one orientation that iÃ'• appropriate for all productÃ'•, and the changing environment and global market in which todayÃ'• companieÃ'• operate mean that orientationÃ'• are likely to undergo rapid change. DeÃ'•pite the importance that market orientation playÃ'• in a companyÃ'• Ã'•ucceÃ'•Ã'•, many companieÃ'• are unaware that their productÃ'• have a particular

Literature Review on Contractual Issues Arising Claims

Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay† under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj Literature Review on Contractual Issues Arising Claims Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay† under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj